Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

Chronicle AM: Three MO MedMJ Inits Qualify for Ballot, House Panel Queries Big Pharma, More.... (8/3/18)

Oregon's US Attorney fires a warning shot over pot, three different Missouri medical marijuana initiatives qualify for the November ballot, a House panel wants answers on opioids from three big pharmaceutical companies, and more.

Show Me State voters will be voting on three separate medical marijuana initiatives in November. (Creative Commons)
Marijuana Policy

Oregon US Attorney Says Marijuana Industry There Is Out of Control. Oregon US Attorney Billy J. Williams fired a warning shot across the bow of the state's pot industry on Thursday. Responding to a High-Intensity Drug Trafficking Area (HIDTA) report this week that accused the state's marijuana growers of overproduction, Williams minced few words: "The recent HIDTA Insight Report on marijuana production, distribution, and consumption in Oregon confirms what we already know -- it is out of control," he said. "The industry's considerable and negative impacts on land use, water, and underage consumption must be addressed immediately. State officials should respond quickly and in a comprehensive manner to address the many concerns raised by this assessment," said Williams. "To date, we've seen insufficient progress from our state officials. We are alarmed by revelations from industry representatives, landowners, and law enforcement partners describing the insufficient and underfunded regulatory and enforcement structure governing both recreational and medical use. A weakly-regulated industry will continue to detract from the livability and health of communities throughout the state."

Medical Marijuana

Illinois Governor Signs Bill Allowing Medical Marijuana Administration in Schools. Gov. Bruce Rauner (R) has signed into law a bill that requires public schools to allow the parents of sick children to administer medical marijuana to them at school. The law allows parents to administer "cannabis-infused products" if both the child and the parents have been approved under the state's medical marijuana law.

Missouri Will Vote on Not One, Not Two, But Three Medical Marijuana Initiatives. The secretary of state's office on Thursday certified three different medical marijuana initiatives for the November ballot. There is a constitutional amendment from New Approach Missouri, as well as a constitutional amendment from Find the Cures and an easier to amend statutory initiative from Lowell Pearson, a Jefferson City attorney.

Oklahoma Health Board Approves New Medical Marijuana Rules. The Board of Health on Wednesday adopted new rules to govern the state's medical marijuana system. The new rules amend or totally revoke the original proposed rules, which included a ban on the sale of smokeable marijuana, a requirement that a pharmacist be present at dispensaries, and a requirement that women of childbearing age take a pregnancy test before using medical marijuana. Also gone are guidelines that limited THC levels.

Heroin and Prescription Opioids

House Panel Presses Drug Companies on Opioid Crisis. The leaders of the House Energy and Commerce Committee have sent letters to three companies that manufacture opioids requesting they appear before the committee to answer questions about how they marketed opioids and whether they ignored evidence of abuse of their products. The companies are Insys Therapeutics, Mallinckrodt Pharmaceuticals, and Purdue Pharma. The letters make no mention of ensuring that chronic pain patients continue to receive adequate supplies of opioids.

Chronicle AM: NY Gov Endorses Marijuana Legalization, States Ask Congress to Help on Banking, More... (8/2/18)

New York's governor gets behind marijuana legalization, the National Conference of State Legislatures wants Congress to fix the legal pot industry's banking problems, and more.

New York Gov. Andrew Cuomo (D) gets on board with marijuana legalization. (Pat Arnow/Creative Commons)
Marijuana Policy

State Legislatures Ask Congress to Help Marijuana Businesses Access Financial Services. The National Council of State Legislatures approved a directive Wednesday calling on Congress to help legal marijuana businesses gain access to banking and financial services. The policy directive will help guide the council's lobbying activities in Washington.

New York Governor Endorses Marijuana Legalization, Forms Working Group. Gov. Andrew Cuomo (D) announced Thursday that he has formed a working group to draft legislation to legalize marijuana. Cuomo said he hoped the legislature would consider a legalization bill in the next session. The legislation will be based on the findings of a multi-agency study headed by the state Health Department that was released last month. "As we work to implement the report's recommendations through legislation, we must consider all aspects of a regulated marijuana program, including its impact on public health, criminal justice, and state revenue, and mitigate any risks associated with it," he said.

Medical Marijuana

Pennsylvania Dispensaries Now Offering Buds. For the first time since state-legal medical marijuana dispensaries opened their doors in the state, patients can buy dried flowers from plants grown under the legal system. At least 16 dispensaries in the state were offering buds as of Wednesday, with more certain to follow as harvest season looms. But under state law, the buds cannot be smoked -- only vaped.

Why Marijuana Will Play a Major Role in the Next Two National Elections [FEATURE]

Last week, the San Jose Convention Center hosted the National Cannabis Industry Association's (NCIA) 2018 Cannabis Business Summit and Expo. More than 7,000 marijuana industry players and hopefuls crammed into exhibition halls and conference rooms for the three-day confab, located squarely in the heart of the world's largest legal marijuana market -- California.

The variety of stuff on display was mind-boggling: Armored cars, safes, "California compliant" marijuana delivery vans, multi-thousand-dollar extraction devices of gleaming metal and shining glass, lighting systems, cooling systems, myriad forms of packaging, business management systems, POS systems, cannabis industry talent headhunters, greenhouses, modular grow fixtures, insurance companies, law firms, real estate firms -- vegan CBD gummies -- and much, much more. And while a few tie-dyes could be spotted in the crowds, they were few and far between.

While for most attendees the expo was all about business, the legal marijuana business still has to ponder the specter of federal marijuana prohibition actually being enforced. And even at the state level -- where the industry can make money -- it is still constrained by the annoying fact that adult use marijuana is only legal in nine states and the District of Columbia. One panel of experienced marijuana watchers zoomed in on the politics of pot law reform to try to divine what the near future holds -- not so much for the industry, but in terms of consolidating the political victories that have already seen marijuana move from the back alleys to, well, shiny big city convention centers.

The discussion among panelists NCIA director of governmental relations Mike Correia; Jolene Forman, staff attorney for the Drug Policy Alliance; and John Hudak, deputy director of the Center for Effective Public Management and a senior fellow in governance studies at the Brookings Institute, covered a variety of topics and sketched the outlines of what pot politics could look like and achieve between now and the 2020 elections.

Federal Legislation

DPA attorney Forman pointed to three pieces of federal marijuana legislation:

  • The Strengthening the Tenth Amendment Through Entrusting States (STATES) Act, S. 3032, sponsored by Sen. Elizabeth Warren (D-MA) with five Republican and four Democratic cosponsors. The bill would modify the Controlled Substances Act so that it would not apply to people acting in compliance with state laws in states where it is legal.
  • The Marijuana Freedom and Opportunity Act, S. 3174, sponsored by Senate Minority Leader Chuck Schumer (D-NY). The bill would federally decriminalize marijuana by removing it from Schedule I of the Controlled Substances Act.
  • The Marijuana Justice Act, S. 1689, sponsored by Sen. Cory Booker (D-NJ) and cosponsored by a virtual who's who of Democratic 2020 presidential contenders, including Sens. Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Bernie Sanders (I-VT), and Elizabeth Warren (D-MA). It would remove marijuana from Schedule I of the Controlled Substance Act and eliminate federal criminal penalties for marijuana commerce.

While both the Schumer bill and the Booker bill would decriminalize marijuana, the STATES Act, which would only apply in places it's already legal, is more likely to gain traction, said Forman, a position seconded by Correia.

"The STATES Act is most likely to move," said Correia, who spends his days haunting the corridors of power on Capitol Hill as he lobbies for the industry. "Congress is incremental."

Movement could come faster if Democrats take the House or Senate, he said. "Maybe the Democrats will be more aggressive," Correia suggested, drawing a comparison with movement on gay and lesbian issues in recent years.

Not so fast, said Hudak, noting that key congressional committee chairs have bottled up marijuana bills so far. "Until both parties stop putting in foes of reform in leadership positions, there will be no progress," he said. "And it's not just the GOP." (Until a few months ago he might have been referring to Sen. Dianne Feinstein, who represents the world's largest legal pot market but who only dropped her opposition to legalization last May in the face of a primary challenge and is only beginning to shed last century's prohibitionist ideology.)

There is no reason for Democrats to put enemies of reform in leadership positions, Hudak said. "Cannabis is already a Democratic core value."

"Marijuana legalization could pass Congress right now," Correia argued, "but it doesn't get any hearings; it doesn't get any votes."

If Congress Fails to Act

DPA's Forman explained that while it is now clear that states have the right to not criminalize marijuana and not enforce federal prohibition, a hostile Justice Department could still potentially wreak havoc.

"What is untested in the courts is whether federal preemption could block regulation," she said. In other words, it's possible that the Justice Department could blow up states' ability to tax and regulate the industry.

Forman noted that medical marijuana states are currently protected from Justice Department interference by the repeated passage of amendments to spending bills blocking the DOJ from using its funds to go after medical marijuana where it is legal.

"We need the same for adult use," she said.

Without legislation protecting marijuana, "the executive branch can do things, it could be more aggressive," said Hudak. But he added that doing so would have a price. "That could affect the department's working relationship with the states," he warned.

Correia thought Justice Department meddling was unlikely, despite Jeff Sessions' druthers. "It makes zero sense politically to interfere," he argued, pointing to marijuana's popularity in opinion polls.

Hudak pointed out a possible flip side to a hostile executive power. "A reform-minded president could do a lot," he said, perhaps thinking of the Obama administration's Cole memo laying out how federal prosecutors would lay off legal marijuana in the states. Despite Sessions having nullified the Cole memo, it still seems to be largely the approach of the land.

The 2018 Midterms

"This is an exciting year for cannabis policy politics," said Hudak, pointing to the example of Texas, where progressive Democratic challenger and legalization advocate Rep. Beto O'Rourke is closing in on incumbent Sen. Ted Cruz (R).

"Beto is getting close to Cruz, and the whole time, he's screaming about his support for cannabis reform. That's transformational," he said. "Politicians lag behind; they've been terrified of this issue. Now it's politically beneficial. If you're against cannabis, the best thing to do is shut up about it. Nobody is with you."

It's still an uphill battle in Texas, though. Cruz is leading O'Rourke by 8.4 points in the Real Clear Politics average of polls. But that's only half as much as Cruz's 16-point victory in his 2012 Senate race, and O'Rourke has three more months to move up. And just today, a new Texas Lyceum poll had Cruz leading only 41% to 39%, well within the poll's margin of error.

According to Correia, trying to work with Republicans on Capitol Hill has led to lessons learned: "We see no point in trying to work with the GOP any longer," he said. "We'll be giving money to challengers in competitive races. The Democrats are thinking about this; they will run on marijuana."

The 2020 Election

It looks like marijuana is going to be a popular issue in 2020 -- or at least the people thinking about running for the Democratic presidential nomination seem to think so.

"Potential Democratic candidates are getting their names on big pot bills," Forman noted.

Marijuana is also likely to be on state ballots in 2020, and that will be good for Democrats, said Hudak.

"There will be more initiatives, and those drive Democratic turnout," he argued. "In 2012, Democrats in Colorado voted for cannabis -- and for president, too. Democratic politicians are seeing this."

But Correia said the current president could be a wild card here (as in so many other places): "Trump might just decide to steal the issue, to take it off the table."

Given that Trump has signaled support for the STATES Act, and given Trump's willingness to adopt any position if he thinks it brings him political gain, that's not impossible. And it would take some immeasurable oomph out of Democratic sails.

The Next States to Legalize

Michigan will vote on a legalization initiative in November, and there will be efforts in Arizona and Ohio in 2020, the panelists said. But grassroots initiatives could also bubble up in places like North Dakota and Oklahoma, both of which saw serious efforts this year that will almost certainly not make the November ballot but do lay the groundwork for the next cycle.

Vermont became the first state to free the weed via the legislative process (although it does not allow retail sales), but Correia sketched out how the next couple of years could see Connecticut, Delaware, Illinois, Maryland, New Jersey, New York, and Rhode Island fall in line behind it. By the time November 2020 rolls around, most of New England and the mid-Atlantic states could be legal, with Illinois and Michigan creating a major toehold in the heart of the Midwest.

When it comes to marijuana policy and ending pot prohibition, it looks to be a very interesting and fruitful next couple of years.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Medical Marijuana Update

Medical marijuana policy had a slow week, but the fight over Oklahoma's new voter-approved medical marijuana law continued, and Detroit set some regulations.

Michigan

Detroit City Council Votes to Cap Dispensary Numbers. The city council voted Tuesday night to limit the number of dispensaries that can operate in the city to 75. The measure also regulates the commercial cultivation, processing, testing, distribution, and sale of medical marijuana and imposes limitations on the size, location, and operations of medical marijuana businesses.

Oklahoma

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Oklahoma Health Board Considering New Rules for Medical Marijuana. The state Board of Health is meeting Wednesday to try once again to come up with regulations for the state's voter-approved medical marijuana program. The revised guidelines now eliminate a ban on the sale of smokable marijuana and a requirement that a pharmacist be present in every dispensary. The new rules also drop the requirement that women of child-bearing age take a pregnancy test before using medical marijuana.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Yet Another Good News Pot Poll, Colombia's Santos Rips Drug War, More... (8/1/18)

Another national poll has a solid majority for marijuana legalization, Manhattan quits prosecuting most small-time pot cases, Colombia's outgoing president takes a parting shot at drug prohibition, and more.

Outgoing Colombian President Juan Manuel Santos has some parting words for the war on drugs. (Flickr)
Marijuana Policy

Yet Another Poll Has a National Majority for Marijuana Legalization. A new poll from Harris Insights and Analytics has support for marijuana legalization at 57% and support for medical marijuana at a whopping 85%. The poll is in line with numerous recent polls showing majorities for marijuana legalization.

Manhattan Prosecutor Quits Prosecuting Small-Time Marijuana Cases. The Manhattan District Attorney's Office's new policy of not prosecuting most small-time marijuana cases went into effect today. People will not be arrested for possessing small amounts or smoking in public, but could still get busted for sales or if there is a public safety threat.

Medical Marijuana

Detroit City Council Votes to Cap Dispensary Numbers. The city council voted Tuesday night to limit the number of dispensaries that can operate in the city to 75. The measure also regulates the commercial cultivation, processing, testing, distribution, and sale of medical marijuana and imposes limitations on the size, location, and operations of medical marijuana businesses.

Oklahoma Health Board Considering New Rules for Medical Marijuana. The state Board of Health is meeting Wednesday to try once again to come up with regulations for the state's voter-approved medical marijuana program. The revised guidelines now eliminate a ban on the sale of smokable marijuana and a requirement that a pharmacist be present in every dispensary. The new rules also drop the requirement that women of child-bearing age take a pregnancy test before using medical marijuana.

International

Colombia's Santos Directs Parting Shot Against War on Drugs. Outgoing Colombian President Juan Manuel Santos has ripped into the global war on drugs in an opinion piece in the Americas Quarterly. "The War on Drugs has taken too many lives: The cure has been worse than the disease. In Colombia, we have paid a very high price for it, perhaps the highest of any nation," Santos warned. "The time has come for the world to take a moment of sober reflection. We must study, seriously and rigorously, the efforts that have been made around the world to regulate the drug trade, in order to learn from our successes, as well as our difficulties and failures," added the Nobel Prize winner.

Ghana Drug Control Board Member Calls for Drug Decriminalization. Michael Addo, deputy executive secretary of the Ghanaian Narcotics Control Board, called Tuesday for drug decriminalization, saying that the country was wasting resources imprisoning drug users and calling for alternative sanctions for them. He also called for the strengthening of drug treatment and rehabilitation efforts.

Italian Health Minister Says Government Will Expand Medical Marijuana Program. Health Minister Giulia Grillo said Tuesday that the government will ramp up its medical marijuana program. She said the government will explore licensing private companies to produce marijuana and that she would "make every effort to make medical cannabis available" in pharmacies alongside other prescription drugs.

Chronicle AM: PA Pot Bill Coming, Philippines Police Vow "Surgical, Chilling" Drug War, More... (7/31/18)

A Pennsylvania lawmaker will file a marijuana legalization bill, Canada moves toward roadside saliva drug testing, the Philippines police vow more drug war, and more.

Philippines President Rodrigo Duterte's bloody drug war will continue.(Creative Commons)
Marijuana Policy

Pennsylvania Lawmaker to File Legalization Bill. Citing a recent report from state Auditor General Eugene DePasquale that legalizing marijuana could create more than half a billion annually in tax revenues for the state, Rep. Jake Wheatley (D-Allegheny) says he will introduce a bill to legalize marijuana. "States from coast to coast have embraced legalization and those states are reaping the economic and criminal justice benefits," Wheatley said in a statement. "It is time Pennsylvania joins with those states in leaving behind the ugly stigma of marijuana."

Dark Web

Imprisoned Silk Road Founder Sees Some Charges Dismissed. Federal prosecutors in Maryland have dismissed an indictment against imprisoned Silk Road founder Ross Ulbricht. The indictment contained the only charge that Ulbricht ever engaged in a murder-for-hire scheme. Despite the fact that those charges were never proven, or even tried, they were cited by his sentencing judge in handing down a draconian double life without parole sentence for online drug dealing. Ulbricht is currently appealing his sentence to the US Supreme Court.

International

Canada Set to Approve First Device for Testing Drivers' Saliva for Weed. The federal Justice Department has approved the first device designed to drug test drivers' saliva for the presence of marijuana. Attorney General Jody Wilson-Raybould has now given a 30-day notice of a ministerial order to approve the Draeger DrugTest 5000, produced by a company based in Germany. The device is already approved in other countries, including the United Kingdom and Germany.

Philippines Police Vow "Surgical and Chilling" Drug War. Philippine police vowed Monday to revamp and ratchet up their fight against crime and drugs just a week after President Rodrigo Duterte promised to keep the bloody campaign going. "Surgical and chilling will be the trademark of the reinvigorated anti-illegal drugs and anti-criminality campaign," police chief Oscar Albayalde told a news conference. Tends of thousands of purported drug dealers and users have been killed in Duterte's crusade, which is now under preliminary investigation by the International Criminal Court.

Watch: Jeff Sessions Acknowledges States Have the Right to Pass Their Own Marijuana Laws

Even as he defended federal marijuana prohibition, US Attorney General Jeff Sessions last Thursday conceded that states have the right to pass their own marijuana laws.

Attorney General Jeff Sessions (senate.gov)
Sessions, an avowed foe of marijuana legalization, has moved to rescind Obama-era guidance to prosecutors that gave some protection to state-legal marijuana operations, but the reality on the ground is that even when given a green light by the Justice Department to go after state-legal marijuana, federal prosecutors in those states are largely leaving it alone.

Sessions has also been left isolated by President Trump, who has signaled support for legislation that would end federal marijuana prohibition.

Last Thursday, Sessions was in Massachusetts, where voters in 2016 approved marijuana legalization and where sales in pot shops are expected to begin sometime this year. A reporter asked Sessions about his stance on legalization.

"We'll enforce the federal law; the federal law remains the law of the land," he replied. "Personally, my view is that the American republic will not be better if there are marijuana sales on every street corner, but states have a right to set their own laws and will do so, and we will follow the federal law," he said.

After the press conference, a Department of Justice spokesperson told MassLive.com the comments did not represent a shift for Sessions. This is true: Sessions remains committed to federal marijuana prohibition, but he can't seem to get his US attorneys in states where marijuana is legal to do much about it. And now, he's at least admitting that states have the right to craft their own pot laws.

Here's the video:

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: Feds Cracking Down on Fentanyl OD Deaths, OK Revises MedMJ Rules, More... (7/30/18)

A bill to protect marijuana-using federal workers in states where it is legal is filed, federal prosecutors are going hard after dealers linked to fatal fentanyl overdoses, the Republic of Georgia ends administrative punishments for marijuana use, and more.

The feds are meting out stiff sentences to dealers of fentanyl whose product kills people. (Creative Commons)
Marijuana Policy

New Federal Bill Would Block Federal Government from Firing Workers for Positive Pot Test Results in States Where It Is Legal. US Reps. Charlie Crist (D-FL) and Drew Ferguson (R-GA) filed the "Fairness in Drug Testing Under State Law Act" last Thursday. The bill would protect federal workers from being fired for testing positive for marijuana if they reside "in a state where that individual's private use of marijuana is not prohibited." The bill is not yet available on the congressional website.

Oklahoma Legalization Initiative Campaign in Final Days of Signature-Gathering. Green the Vote announced Sunday that it now has more than 132,000 raw signatures aimed at earning a place on the ballot for its legalization initiative, State Question 797. The group needs about 124,000 valid voter signatures and has until August 8 to hand in more signatures. The rule of thumb is that 20% to 30% of raw signatures may be found invalid, meaning Green the Vote can't really rest easy until it has around 180,000 raw signatures. Even if the group comes up with enough valid signatures, it would still face timeline to being approved for the November ballot because it is bumping up against deadlines for getting the measure approved by the governor and the state supreme court.

Medical Marijuana

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Asset Forfeiture

Coalition of Public Policy Groups Calls on House to Limit Civil Asset Forfeiture. A broad coalition of public policy organizations last Thursday submitted a letter to the US House of Representatives, urging members of Congress to limit civil asset forfeiture through amendments to the Commerce, Justice, Science, and Related Industries (CJS) appropriations bill. "Current law allows law enforcement to confiscate property from innocent Americans without charging anyone with a crime," the letter says. "When citizens object, they encounter a system that is stacked against them procedurally and that treats them as presumptively guilty. This unpopular practice, known as civil forfeiture, is an affront to property rights and civil liberties and must be banned or reformed as soon as possible, but the immediate priority should be to amend the CJS appropriations bill when it is considered in the House of Representatives in order to roll back the Department of Justice's unjustified expansion of this practice. Click on the link to a see a list of the signatory groups.

Heroin and Prescription Opioids

The Feds Are Prosecuting Fentanyl Overdose Deaths as Homicides in Crackdown on Opioid Dealers. Federal prosecutors are increasingly treating fentanyl overdose deaths as homicides as they crack down by punishing opioid dealers with ever more severe prison sentences. They are using charges that carry lengthy mandatory minimum sentences. In one case, a dealer charged with distributing fentanyl that resulted in the overdose of a New Hampshire man got a 20-year mandatory minimum sentence. Federal fentanyl prosecutions have nearly tripled, with 51 cases in FY 2016 to 181 in FY 2017. Last year, 95 people nationwide received federal prison sentences for distributing drugs resulting in death or serious injury, nearly double the number in 2014, according to the US Sentencing Commission.

International

Georgia Constitutional Court Outlaws All Punishment for Marijuana Consumption. The Constitutional Court ruled Monday that people can no longer be hit with administrative punishments, such as fines, for using marijuana. The decision goes into effect immediately and comes eight months after the same court abolished criminal penalties for marijuana use. Using marijuana is "an action protected by the right to a person's free development," the court held. Cultivation and distribution of marijuana remain criminal offenses.

Chronicle AM: Sessions Concedes State Can Make Own MJ Laws, Mexico Opium, More... (7/27/18)

The US attorney general admits states can make their own pot laws, a new report finds racial disparities in marijuana enforcement in the New York suburbs, a Mexican governor calls for legal opium production, and more.

Jeff Sessions acknowledges states' rights even on marijuana policy. (Senate.gov)
Marijuana Policy

Attorney General Sessions Acknowledges States Can Set Own Marijuana Laws. Attorney General Jeff Sessions, while staunchly sticking up for federal marijuana prohibition, acknowledged Thursday that states can set their own pot laws. Responding to a reporter's question in Boston, he said the Justice Department will continue enforcing federal marijuana laws, but added: "Personally, my view is that the American republic will not be better if there are marijuana sales on every street corner, but states have a right to set their own laws and will do so, and we will follow the federal law," he said.

Report Finds Racial Disparities in Suburban NYC Pot Arrests. A report from the WESPAC Foundation, Westchester Coalition for Police Reform, and the Drug Policy Alliance released Thursday finds that marijuana prohibition in suburban Westchester County has largely targeted people of color and that the harms of prohibition have been visited almost entirely on them. While black people account for only 14% of the county's population, they made up more than half (52%) off all pot possession busts. Latinos were similarly arrested for pot possession at disproportionate rates. The report also noted the targeting of youth. Some 58% of people arrested for pot possession were 25 or younger.

International

UN Chief Warns Colombia It Must Consolidate Peace. In a report to the UN Security Council released Wednesday, UN Secretary-General Antonio Guterres warned that the Colombian government must address major challenges and consolidate peace. He said there is no greater challenge than bringing development, security, and the rule of law to "vast expanses of the country that continue to be prey to violence" and that the challenges to peace included continued violence in conflict zones. "The proliferation of illegal groups and the growth of the coca economy, as well as frustration and fears among former combatants and among communities who feel bypassed by the peace process, leave no doubt as to the magnitude of the challenges that await the new government, Colombian institutions and civil society alike," he said.

Governor of Mexico's Guerrero Wants Opium Production Legalized. Hector Astudillo, governor of the south-central state of Guerrero, Mexico's leading opium production region, said he supports the incoming government's plan to explore regulating opium production for pharmaceutical use. "It's time," Astudillo told Mexican radio. "I'm delighted that a different way of dealing with the poppy is finally going to be explored." Astudillo himself had floated the same idea back in 2016. "To curb the violence, we must look for another approach to poppy cultivation, not only in Guerrero but in the golden triangle," he said, referring to the region in the northern Mexican states of Chihuahua, Sinaloa, and Durango where large quantities of marijuana and poppies are grown. "Because it's such an important ingredient for medicine, the poppy could be used for medical purposes, as is being done in other countries," Astudillo added.

New Jersey Suspends All Marijuana Prosecutions -- At Least Until Fall

State Attorney General Gurbir Grewal has shaken up New Jersey's marijuana politics with an announcement Tuesday that he has ordered county and municipal prosecutors to defer all marijuana-related cases until early September. The move was an unexpected response to a squabble over whether a city in the state could decriminalize pot possession on its own.

Last week, Jersey City Mayor Steven Fulop moved to unilaterally decriminalize small-time pot possession in his city. State Attorney General Gurbir Grewal told him he couldn't do that. In a letter last Friday, Grewal declared that his office "takes no position" on marijuana legalization or decriminalization, by warned Fulop he was exceeding his authority.

"I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal wrote. "Accordingly, I am instructing you that your memorandum is void and has no effect."

But by Monday, Grewal was singing a different tune -- one that will affect thousands of people currently facing marijuana charges in the state. According to Politico, Grewal met with Jersey City officials that day and then agreed to create a working group to set a statewide policy for prosecutors by the end of August. Both the Jersey City prosecutor and the Hudson County (home of Jersey City) prosecutor will be part of the group.

"In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court," Grewal wrote in a letter to prosecutors. "This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors."

The move comes as the legislature, with the encouragement of Gov. Phil Murphy (D), ponders a pair of legalization bills, S 2702 and S 2703, filed by Senate President Steve Sweeney (D-Gloucester) and Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland). On Monday, Sweeney announced he would combine the bills, tying legalization to an expansion of the state's medical marijuana program.

Murphy had vowed to legalize marijuana within 100 days of his January inauguration, but that hasn't happened yet. That's due in part to opposition from the likes of state Sen. Ronald Rice (D-Essex), head of the Legislative Black Caucus, who favors decriminalization over legalization, and who just last week was warning that legalization could lead to "sex toys and oils with marijuana," among other horrible consequences.

On Tuesday, Gov. Murphy reiterated that decriminalization wasn't enough. "On the surface, [decriminalization] is intoxicating," Murphy told reporters at a joint appearance with Sweeney. "You think it's a step in the right direction but it actually leaves the business in the hands of the bad guys. Your kids are exposed, it's not regulated, it's not taxed. So I'll leave the specifics of that to the attorney general, but that's a conceptual answer."

Legalization is "the bigger lift," Murphy said. "The Senate president is leading that. I'm all in. I think the Assembly speaker... is all in."

Whether the governor and the legislative leadership can get it done this year remains to be seen. And so does whether the era of prosecuting people for pot in New Jersey is over once and for all, and not just for the next couple of months.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

There’s a Surprising Obstacle to Ending Marijuana Prohibition in New Jersey

New Jersey Gov. Phil Murphy (D) campaigned on, among other things, a promise to legalize marijuana in his first 100 days in office. That didn't happen. It may not happen at all this year, and state Sen. Ronald Rice (D) is one major reason why.

New Jersey state Sen. Ronald Rice (NJSenDems via YouTube)
Marijuana legalization advocates led by Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland) and Senate President Steve Sweeney (D-Gloucester) filed a pair of bills this session, S 2702 and S 2703 that provide lawmakers a framework for legalization, but opposition from the likes of Rice has blunted forward momentum so far.

Rice represents part of Newark, a district more than half black, and is the head of the state's Legislative Black Caucus. He is also a major anti-marijuana legalization advocate, with an array of arguments from the depths of Reefer Madness.

He most recently made headlines last week with his hyperventilating warning that if pot is legalized, Garden Staters will be faced with the prospect of -- gasp! -- "sex toys and oils with marijuana," and it could be happening right in his face.

"If in fact we legalize recreational marijuana, right across the street from my office they're going to put up stores," Rice told NJTV. "They want to call them dispensaries, but they're going to be stores that do retail selling cupcakes with marijuana, candies with marijuana, sex toys and oils with marijuana, lipsticks with marijuana, all those kinds of products that kids can get and people can get."

It's not clear why Rice thinks "kids" will be able to get marijuana products, or get them more easily than they could before. When marijuana is legalized, it has only ever legalized for adults -- not kids.

He also made a muddled attempt to deploy the discredited gateway theory that marijuana use leads to hard drug use, arguing that, "When you legalize marijuana recreationally, the number of people who've never used any type of drugs goes up substantially in terms of drug use." Say what?

Rice recognizes the devastating impact that racially biased marijuana law enforcement has on the state's minority communities -- the New Jersey ACLU reported last year that between 2000 and 2013, black residents were arrested at a rate nearly three times that of whites, even though both groups used weed at similar rates -- but says the answer is decriminalization, not legalization.

He has even filed a bill this year that would decriminalize the possession of up to ten grams, but that would also enable the state to force some marijuana users into drug treatment.

"I still want to deter people from doing something that's bad for them," Rice explained to Gothamist back in April. "If you get too high, you die from it. It kills you directly if it's too potent."

Of course, there is no known case of anyone dying from a marijuana overdose, but somebody forgot to let Rose on the secret.

In that same Gothamist interview, Rice unleashed a Gish gallop of problems he claimed would be unleashed by legal (but not decriminalized?) marijuana: Babies born with THC in their brains, businesses desperate for workers who could pass drug tests, people cashing in food stamps to score weed, drug cartels getting in the legal pot businesses, an army of drug addicts as pot smokers escalate to harder drugs, and devastated inner cities, among other looming calamities.

Rice also took his anti-legalization views to Washington, DC -- on April 20th of all days -- along with Bishop Jethro James Jr. of Newark's Paradise Baptist Church and former Democratic US Rep. Patrick Kennedy to join up with the pot prohibitionist Project SAM (Smart Approaches to Marijuana) at a press conference to blunt legalization moves.

The senator was in typical form there, warning that people already go hungry to buy drugs and that those numbers will only increase if it's easier to access legal marijuana. Rice also raised the specter of lethal violence if white college students from outside Newark come into the city in search of drugs or if blacks from the city go to white suburban towns to buy legal weed.

"Somebody's going to get killed," he said.

Rice has been in the state Senate since 1986, has won reelection easily in his heavily Democratic district, and didn't even face a primary challenger this year. He may be progressive on some issues, but on other issues, he displays the same reactionary tendencies he has displayed around marijuana. He was one of only two Democrats in the Senate to vote against bills legalizing same-sex marriage in 2009 and 2012. It may be time for District 28 voters to start looking for a senator from this century.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Why Does the New York State Department of Health Want to Legalize Marijuana?

Acknowledging that his previous opposition to marijuana legalization was being undercut by popular opinion and the spread of legalization in nearby states such as Maine, Massachusetts, and Vermont, New York Gov. Andrew Cuomo (D) in January called for an assessment of the possible impact of legalizing the herb in the state. The state Health Department was charged with the task.

It reviewed the possible health, public health, public safety, criminal justice, economic, and educational impacts of shifting from pot prohibition to a system allowing for the legal, regulated production, distribution, and use of marijuana. To do so, the department examined the experience of legalization in other states as well as conducted an extensive analysis of peer-reviewed literature on the subject. It also consulted with other state agencies and experts in the fields of public health, mental health, substance use disorders, public safety, transportation, and economics to help come up with a comprehensive review.

Last week, the Health Department released itsreport. Here is its bottom line:

"The positive effects of a regulated marijuana market in NYS outweigh the potential negative impacts. Areas that may be a cause for concern can be mitigated with regulation and proper use of public education that is tailored to address key populations. Incorporating proper metrics and indicators will ensure rigorous and ongoing evaluation."

In other words: Just legalize it.

So, how did the Health Department support this conclusion? The report's executive summary lays out its findings in the realms of health, the criminal justice system, economic impact, and the impact of legalization in nearby states. (Click on the summary for a full explanation of the logic behind the bullet points below.)

Health

  • Regulating marijuana reduces risk and improves quality control and consumer protection.

  • Marijuana may reduce opioid deaths and opioid prescribing.

  • Marijuana has intrinsic health benefits and risks.

  • Marijuana can have effects on mental health.

  • Regulation leads to little or no increase in adult use, and there is little evidence that regulation leads to an increase in use by youth.

  • Regulating marijuana may lead to a reduction in the use of synthetic cannabinoids/novel psychoactive substances.

Criminal Justice

  • Marijuana prohibition results in disproportionate criminalization of racial and ethnic minority groups.

  • Incarceration has a negative impact on families and communities.

  • Research is varied on the impact of regulated marijuana on motor vehicle traffic crashes.

Economics

  • Regulating marijuana will create jobs.

  • Market size and potential State revenues. The department estimated annual state marijuana sales revenues at between $1.7 billion and $3.5 billion, with estimated state and local tax revenues at somewhere between $248 million and $677 million, depending on sales and tax rates.

  • Marijuana regulation could generate long-term cost savings.

Impact of Legalization in Surrounding Jurisdictions

  • Consumers are likely to cross borders to obtain marijuana, committing a federal felony in the process.

  • Legalization of marijuana causes a sharp increase in marijuana possession arrests in border counties of neighboring states.

  • Legalization in neighboring jurisdictions raises the likelihood of revenue flowing from New York into those jurisdictions.

In its conclusion, the report called for harm reduction principles to be an integral part of legalization and pointed out that legalization would allow regulation (which prohibition prevents) for "quality control and consumer protection." It also emphasized that tax revenues could "support community reinvestment" and that legalization would "reduce disproportionate criminalization and incarceration of racial and ethnic minority communities."

That last point is a fundamental justice issue. As the report notes, in the past 20 years, more than 800,000 people have been arrested just for pot possession in the state, the vast majority of them young people of color.

The Drug Policy Alliance (DPA), which has been advocating for marijuana legalization in the state (and elsewhere) for years, pronounced itself pleased with the report's conclusions and urged Albany to get moving. A legalization bill, theMarihuana Regulation and Taxation Act (S.3040), is currently under consideration by the legislature and should be acted on, the group said.

"We are pleased that the governor and the State Department of Health have fully studied the existing evidence and accurately concluded that legalizing marijuana for adult use is the right choice for New York. Marijuana prohibition has devastated our communities, saddled hundreds of thousands with criminal records, acted as an easily accessible tool for racially biased policing, and stunted the opportunities for entire generations of mostly New Yorkers of color," said DPA policy coordinator Chris Alexander.

"Now that the report has been released and its conclusions presented, we are hopeful that the Governor and the Legislature can fully shift to examining the 'how' and move on from the 'if.' Any movement to legalize marijuana must also include broad record clearing provisions, must create a diverse and inclusive industry, and guarantee significant community reinvestment to repair the harm that has been done. We look forward to engaging with the governor's office and the legislature on the ways to best move New York forward."

Will Albany act to make New York the next state to free the weed? It wouldn't take an act of political courage: Some 62 percent of New Yorkers support making marijuana use legal for adults over 21, and more than 60 percent support taxing and regulating marijuana as a way to address the state's looming budget deficit.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Medical Marijuana Update

Michigan's Court of Appeals issues a strange ruling and the fight over what Oklahoma's medical marijuana program will look like continues.

Michigan

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said last Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced last Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana. "Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: NJ AG Suspends Pot Prosecutions, Denver Magic Mushroom Init Stalled, More... (7/25/18)

In a surprise move, New Jersey's attorney general suspends marijuana prosecutions, an Oklahoma industry trade group releases proposed draft medical marijuana regulations, a Denver initiative to decriminalize magic mushrooms is delayed, and more.

No magic mushroom initiative for Denver this year. Maybe next year. (Flickr/Greenoid)
Marijuana Policy

New Jersey Attorney General Suspends All Marijuana Prosecutions Until September. State Attorney General Gurbur Gerwal announced Monday night that he had ordered county and municipal prosecutors to suspend marijuana-related cases at least until September. The surprise move came after Grewal met with Jersey City officials over that city's effort to decriminalize small-time possession. Grewal last week initially told the city it couldn't do that, but after the Monday meeting he announced that he was forming a working group to create a statewide policy for prosecutors and: "In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court. This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors."

Washington State Felony Marijuana Busts Plummet After Legalization. Felony pot busts have fallen by 90% since the state legalized marijuana in 2012, according to the Washington State Caseload Forecast Council. More than 1,300 felony sentences were handed out in an 18-month period in 2008 and 2009, but only 147 such cases in an 18-month period following the opening of retail marijuana shops in 2014. "It's really heartening," said Alison Holcomb, the director of strategy for the ACLU of Washington who authored and sponsored the legalization initiative. "These are strong signs that this was the right policy choice for Washington state voters to make and we're really grateful that they had the courage to do it."

Medical Marijuana

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

Psychedelics

Denver Magic Mushroom Initiative Won't Be on 2018 Ballot. A proposed initiative to decriminalize magic mushrooms will not be on the ballot this year. Advocates were thwarted by the Denver elections division, which has yet to approve ballot language. That means the group has almost no time to gather signatures before the city's mid-August deadline for the November election. They will now aim for the city's May 2019 ballot.

Chronicle AM: Federal State-Legal Pot Reporting Bill Filed, Mexico Killings Still Rising, More... (7/24/18)

Prospects look iffy for a pair of Oklahoma marijuana initiatives, a federal bill requiring reporting on the impact of state-level legalization is filed, Canada's pot arrests shrink, Mexico's murders increase, and more.

Marijuana Policy

Federal Bill to Require Report on State-Level Legalization Filed. Led by Rep. Tulsi Gabbard (D-HI), a bipartisan group of representatives on Tuesday filed the Marijuana Data Collection Act, which would direct the Department of Health and Human Services to work with other agencies to study "the effects of state legalized marijuana programs on the economy, public health, criminal justice, and employment." The measure has not yet been assigned a bill number.

Oklahoma Marijuana Initiatives Unlikely to Qualify in Time for November Ballot. Proponents of a pair of initiatives, State Question 796 to legalize medical marijuana via a constitutional amendment, and State Question 797 to do the same for recreational marijuana are up against a ticking clock and will likely not be able to get the measures on the ballot this year. Secretary of State James Williamson said Monday. Circulators have until August 8 to hand in signatures, but under state law, the initiatives must be approved no fewer than 70 days before the November election. It normally takes the state about 60 days to verify signatures, and that August 8 deadline means there are only 69 days before the election. Also, any challenges to the initiatives could delay them even further. If they don't make the November ballot, a special election is unlikely and they would then appear on the November 2020 ballot.

Medical Marijuana

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokeable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

International

Canada Pot Arrests Drop to Record Low. The number of people charged with marijuana offenses has dropped to the lowest level this century. The 13,800 arrests in 2017 were less than half the 28,000 people arrested in 2011. Police said the reason was twofold: Police have been concentrating on the opioid crisis, and, as legalization nears, they have been exercising their discretion and not bothering to arrest people for pot anymore.

Mexico Murders Increased 16% in First Half of This Year. There were some 15,973 murders in Mexico in the first half of 2018, up from 13,751 during the same period last year. The number is the highest since comprehensive records began being kept in 1997. Still, the curve may be flattening out, analysts said, noting that the first half of 2018 saw only a 4% increase over the last half of 2017. But still&hellip<>

Chronicle AM: No Marijuana "Gifting" for Vermont Businesses, Duterte Vows More Drug War, More... (7/23/18)

Attorneys General in New Jersey and Vermont lay down the law on pot, Oklahomans rally against restrictive medical marijuana rules, Filipino President Duterte vows more drug war, and more.

The bloody-handed Philippines president vows even more carnage in his war on drug users and sellers. (Creative Commons)
Marijuana Policy

New Jersey Attorney General Says Jersey City Can't Decriminalize. State Attorney General Gurbir Grewal said last Friday that Jersey City doesn't have the power to decriminalize marijuana. The move came a day after the city decriminalized possession by decree. Grewal wrote that his office "takes no position" on marijuana legalization or decriminalization, "rather, I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal writes. "Accordingly, I am instructing you that your memorandum is void and has no effect."

Vermont Attorney General Rules That Businesses Can't "Give" Marijuana in Connection with Other Purchases. State Attorney General T.J. Donovan provided guidance Monday to clarify that trying to get around the state's no marijuana sales legalization law by providing pot as a "gift" when purchasing some other item remains illegal. The move came after some Burlington businesses began a delivery service that "gifted" marijuana with the purchase of a courier service. They had argued that they were operating under a loophole in the law, but Donovan disagreed.

Medical Marijuana

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

International

British Poll Finds First Majority for Marijuana Legalization. For the first time, a public opinion in the United Kingdom shows a majority in favor of marijuana legalization. A new BMG Research poll had 22% strongly supporting legalization and another 29% somewhat supporting legalization, bringing total support to 51%. Some 35% were opposed, and 14% had no opinion. A second question regarding decriminalization yielded a similar 52% approval.

Mexican Opium Growers Ask AMLO to Legalize Cultivation. A group of community leaders from the poppy-producing region of Guerrero state has appealed to president-elect Andres Manuel Lopez Obrador (AMLO) to legalize the cultivation of opium poppies for use in the manufacture of legal pharmaceutical drugs. "As a priority, we are seeking the legalization of the cultivation of poppies for medicinal purposes so that farmers in the Sierra are no longer criminalized," Arturo López Torres, a member of a local union that advocates for economic and social development, told the newspaper El Universal. The growers also want AMLO to clarify whether poppy farmers who have been jailed for growing the crop would qualify under the government's proposed amnesty law.

Philippines' Duterte Vows to Continue "Relentless and Chilling" Drug War. Philippine President Rodrigo Duterte on Monday vowed to continue his bloody war on drugs, telling a joint session of Congress the fight would be as "relentless and chilling" as it has been during his first two years in power, which have seen thousands of people killed. He also took a swipe at critics, saying "your concern is human rights, mine is human lives." But not, apparently, the lives of accused drug users or sellers.

Chronicle AM: OK Health Board Retreats on MedMJ, UK ACMD Supports MedMJ, More... (7/20/18)

The battle over Oklahoma's new medical marijuana law continues, the British Advisory Committee on the Misuse of Drugs calls for medical marijuana legalization, the Pennsylvania auditor calls for marijuana legalization, and more.

Medical marijuana is at issue in Oklahoma and Great Britain. (Creative Commons)
Marijuana Policy

Pennsylvania Auditor, Pittsburgh Mayor Call for Legalization. Auditor General Eugene DePasquale on Thursday released a report saying marijuana could be a $1.7 billion industry in the state, generating more than $500 million in tax revenues. Joining DePasquale was Pittsburgh Mayor Bill Peduto. "This issue not only has a revenue side to it, but it also has a personal side to it -- people whose lives are thrown out of balance because of the penalization of cannabis not being legal, people who are not able to have access to housing or access to jobs or access to an opportunity in life," Peduto said.

Jersey City Decriminalizes Possession. The city becomes the first in the state to decriminalize small-time pot possession. A decriminalization ordinance went into effect Thursday. Under the ordinance, the city's assistant prosecutors will have discretion in which cases to pursue.

Medical Marijuana

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokeable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana."Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

International

British Drug Advisory Committee Calls for Legal Medical Marijuana. The Advisory Committee on the Misuse of Drugs (ACMD) has called for the legalization of medical marijuana. In a "short-term advice," the group said the plant had medicinal benefits and doctors should be able to prescribe it. The ACMD also called for marijuana to be down-scheduled in the country's drug classification scheme.

Chronicle AM: Warren Slams Trump on Opioids, White House Says No Drug Legalization, More... (6/19/18)

A leading Democratic senator scolds the White House on the opioid crisis, the White House rejects drug legalization, the Lebanese consider legalizing marijuana cultivation for medicine, and more.

A Lebanese hash field. It could be turned into medical marijuana soon. (Creative Commons)
Marijuana Policy

Alaska Marijuana Festival Investigated for Allowing Marijuana Consumption. The Alaska Hempfest held last month allowed attendees who wanted to indulge on-site to smoke marijuana in a tent on the festival grounds, and that now has the festival in hot water with the state Alcohol and Marijuana Control Office. State law and industry regulations prohibit public consumption of marijuana. Festival organizers have been notified that an investigation is underway and that they will likely face a fine of several thousand dollars.

Heroin and Prescription Opioids

Elizabeth Warren Slams Trump on Lame Response to Opioid Crisis. Sen. Elizabeth Warren (D-MA) has ripped into President Trump over his lack of effective responses to the opioid crisis. In a letter released Thursday, Warren wrote: "Experts and observers have concluded that your efforts to address the crisis are 'pathetic' and 'ambiguous promises' that are falling far short of what is needed and not… addressing the epidemic with the urgency it demands. I agree and urge to move quickly to address these problems."

Drug Policy

White House Rejects Drug Legalization. In response to a question about Mexico's incoming president's openness to discussing drug legalization as an alternative to the bloody status quo south of the border, White House press secretary Sarah Huckabee Sanders made clear Wednesday that the Trump administration wasn't interested in anything like that. "I don't have a specific policy announcement on that front," Sanders said at the daily White House press briefing. "However, I can say that we would not support the legalization of all drugs anywhere and certainly wouldn't want to do anything that would allow more drugs to come into this country."

International

Lebanon's Parliament Will Take Up Legalizing Marijuana Cultivation for Medical Purposes. Parliament Speaker Nabih Berri said Wednesday the parliament is considering legalizing marijuana cultivation for medical purposes in a bid to boost the economy. "The Lebanese Parliament is preparing to study and adopt the legislation necessary to legislate the cultivation of cannabis and its manufacture for medical uses in the manner of many European countries and some US states," Berri's office said, reporting on comments made in a meeting with the US ambassador in Beirut.

Bulldozed to Death for Growing Ten Marijuana Plants

Getting caught growing a few pot plants in Pennsylvania could lead to a criminal charge and a likely sentence of probation, but for a Lehigh Valley man, it was a death sentence. This past Monday, 51-year-old Gregory A. Longenecker was found dead under a bulldozer operated by a state Game Commission worker and carrying a state trooper hunting for two men spotted near a freshly-discovered marijuana grow.

According to the Pennsylvania State Police, the Game Commission bulldozer operator was using the machine to improve access to fields on game lands when he spotted a car well off the road in the brush and called police. Officers from nearby Bernville Borough were first on the scene and quickly found a plot containing ten growing marijuana plants.

The cops saw two men emerge from the underbrush and take off running, said Trooper David Boehm, a state police spokesman. "They were back there doing whatever they have to do to their plants," he said. "It was kind of carved out of the underbrush, which I've never seen underbrush that thick ever. It was crazy how thick it was."

The two men were Longenecker and his long-time friend David Brook Light, 54. Light was quickly taken into custody by the Bernville chief of police, but Longenecker eluded immediate capture. The state police arrived on the scene and ordered one of their helicopters to join the search. The chopper pilot spotted Longenecker in the brush but then lost him. Meanwhile, a state trooper and the bulldozer operator were roaring through the brush looking for him.

"An attempt to hail the other male was unsuccessful," Beohm said in a news release. "The helicopter lost sight of the male and was giving directions to the bulldozer of his last location. The Game Commission employee and a Trooper were on the bulldozer driving through the thick underbrush. The bulldozer stopped in the underbrush. The second male was located under the rear of the bulldozer deceased."

That's right: Confronted with a small-scale illicit marijuana grow on public land, the State Police deployed a helicopter and the on-scene bulldozer and managed to kill their target. But that's not how the cops tried to spin it.

First, Trooper Boehm denied that Longenecker died as a result of a police pursuit. "They were just trying to locate this guy with use of a helicopter," he explained.

Then he suggested that Longenecker may have died of natural causes. "The reason it's unclear if Longenecker was struck and killed by the bulldozer is that Longenecker, because of his age, could have had a heart attack while fleeing through the dense thicket," Boehm said.

But that attempted diversion was foiled on Tuesday when the preliminary autopsy report came out. That report found that Longenecker died of traumatic injuries after being run over by the bulldozer. A final ruling on the cause of death awaits toxicology tests, but it is clear that he died after being run over by the bulldozer.

The case has aroused the ire of the National Organization for the Reform of Marijuana Laws (NORML), which has denounced what it calls the excessive use of force by state law enforcement.

"This awful event could have and should have been prevented," said national NORML executive director Erik Altieri. "This tragedy is a direct result of our nation's draconic and failed criminalization of marijuana. Not only was the use of resources in this matter excessive and the tactics highly questionable, but more importantly a man lost his life over the act of growing a plant that is now legally regulated in a majority of US states. No matter your opinion on marijuana legalization, the penalty for growing cannabis should never be an extrajudicial death sentence."

"As a former prosecutor and practicing criminal defense attorney, it is inconceivable to me that a man lost his life during an investigation of a very small grow," said Pittsburgh NORML executive director Patrick Nightengale. "Had he been arrested, prosecuted and convicted, Pennsylvania's sentencing guidelines would have provided for a sentence of probation. The heavy-handed tactics employed cannot be justified by the seizure of ten plants. I do not understand why law enforcement couldn't simply wait. A vehicle was on scene and another individual was taken into custody. Rip the plants, run the plate and ask the arrestee what his friend's name is. How difficult is that?"

Medical marijuana is already legal in 31 states, including Pennsylvania, and legal marijuana for adults is already permitted in nine states and Washington, DC. A bill to legalize marijuana in the state failed to advance this year, even though 59% of state residents support freeing the weed.

"As an activist and cannabis lobbyist in Pennsylvania, I always use decorum and process to my advantage. There would seem to have been a total lack of both by law enforcement this past Monday outside of Bernville. By all accounts the death of an illicit marijuana grower being chased by a state bulldozer, under the direction of Pennsylvania State Troopers, was an unnecessary and reckless use of resources," said Jeff Riedy, executive director of Lehigh Valley NORML. "These horrible events only fuel the need for marijuana reform, including the right for personal use and home cultivation in our state, and across this country. Endless pursuit at all costs, leading to the death of a suspect, over a few marijuana plants is excessive, to say the least."

This article was produced by Drug Reporter, a project of the Independent Media Institute.

How to Prevent Opioid Overdoses? Provide Hard-Core Addicts Free Pharmaceutical Heroin

With Ohio beset by a massive public health crisis around opioid use and overdoses -- more than 4,000 Ohioans died of opioid overdoses in 2016 -- the Cleveland Plain Dealer sent travel editor Susan Glaser to Amsterdam in search of innovative approaches to the problem. While there, she rediscovered Holland's longstanding, radical, and highly-effective response to heroin addiction and properly asked whether it might be applied to good effect here.

The difference in drug-related death rates between the two countries is staggering. In the US, the drug overdose death rate is 245 per million, nearly twice the rate of its nearest competitor, Sweden, which came in second with 124 per million. But in Holland, the number is a vanishingly small 11 per million. In other words, Americans are more than 20 times more likely to die of drug overdoses than Dutch.

For Plain Dealer readers, the figures that really hit home are the number of state overdose deaths compared to Holland. Ohio, with just under 12 million people, saw 4,050 drug overdose deaths in 2016; the Netherlands, with 17 million people, saw only 235.

What's the difference? The Dutch government provides free heroin to several score hardcore heroin addicts and has been doing so for the past 20 years. Public health experts there say that in addition to lowering crime rates and improving the quality of life for users, the program is one reason overdose death rates there are so low. And the model could be applied here, said Amsterdam heroin clinic operator Ellen van den Hoogen.

"It's been an enormous success. I think it would work elsewhere," she told Glaser.

It already has. The Dutch program was modeled on a similar effort in Switzerland, which has also proven successful. Germany and Canada are among the several other countries with similar programs.

The Dutch approach is an example of the country's policy of gedogen (pragmatic tolerance), the same principle that led the Dutch to pioneer quasi-legal access to marijuana in the 1980s. It is also rooted in the notion that, for some, drug addiction is a chronic disorder, not a condition to be "cured," and one that can be treated with supervised drug use under clinical supervision. And the complete cessation of drug use need not be the ultimate goal; rather, the Dutch look for reductions in criminal activity and increases in the health and well-being of the drug users.

"It's not a program that is meant to help you stop," acknowledged van den Hoogen. "It keeps you addicted."

That's not a sentiment sits well with American moralizers, such as George W. Bush's drug czar, John Walters, whom Glaser consulted for the story. He suggested that providing addicts with drugs was immoral and not "real treatment," but he also resorted to lies about what the Dutch are doing.

He claimed the Dutch are "keeping people addicted for the purpose of controlling them" and that the Dutch have created "a colony of state-supported, locked-up addicts."

Actually, the Dutch are dealing with older, hardcore addicts who have repeatedly failed to quit after repeated stints in treatment, including methadone maintenance therapy, and they are neither "controlling them" or locking them up. Instead, the people in the program show up at the clinic twice a day, get their fix, then go about their business. This heroin-assisted treatment (HAT) allows those hardcore users to live less chaotic and more productive lives.

And heroin-assisted treatment is "real treatment," said Peter Blanken, a senior researcher with the Parnassia Addiction Research Centre in Rotterdam. He pointed out that one-quarter of program participants make a "complete recovery," including better health and quitting illegal drugs and excessive drinking. Many others continue to use heroin, but do so with better outcomes, he said.

There is also a real safety benefit to using state-supplied pharmaceutical heroin. It's potent, but it's a known quantity. Users face no risk of adulteration with more dangerous drugs, such as fentanyl, which is deeply implicated in the current US overdose crisis.

In the current political atmosphere in the United States, providing heroin to hardcore addicts is a hard sell indeed. Other, lesser, harm reduction interventions, such as needle exchanges remain controversial, and the country has yet to see its first officially sanctioned safe injection site. And drug decriminalization, which has led to a dramatic reduction in heroin addiction and overdose deaths in Portugal, remains off the table here, too. But with an annual drug overdose death toll of more than 50,000 people a year, it may time to start asking how many more Americans we are willing to sacrifice on the altar of moralistic drug prohibition.

This Week's Corrupt Cops Stories

A Tennessee sheriff's head narc is under investigation for stealing stuff at a drug bust, cops in Georgia and Vermont go to prison for stealing from the evidence locker, and more. Let's get to it:

In Murfreesboro, Tennessee, a Rutherford County sheriff's lieutenant was placed under investigation Monday after being accused of stealing property seized during a drug bust. Lt. Jason Mathis, a 20-year veteran, is the head of the department's narcotics unit. He does not yet face any criminal charges, but an investigation is underway and he could be hit with a count of official misconduct. Dozens of criminal drug cases could be in jeopardy if he is charged.

In Bernice, Louisiana, a former Bernice police officer was arrested last Wednesday for unspecified misdeeds and allegedly threatening people who knew about them. Christopher Kevin Henry was fired after an investigation began in May and arrested by the narcotics unit after testing positive for methamphetamine last week.

In Burlington, Vermont, a former Royalton police officer was sentenced last Thursday to six months in prison after admitting stealing drugs from the department's evidence locker. John Breault confessed that he stole the drugs for a friend and for a woman with whom he had a relationship last year. He pleaded guilty in March to federal heroin distribution charges.

In Dalton, Georgia, a former Tunnel Hill police officer was sentenced last Thursday to five years in prison for stealing weapons and seized drug money from the police department. Scott Reneau had pleaded guilty to six counts each of theft and violation of office by a public official. Reneau went down after county officials ordered an audit into missing forfeiture money and weapons in 2016.

Medical Marijuana Update

A medical marijuana battle royale is raging in Oklahoma, New York will allow medical marijuana as an opioid replacement, and more.

Hawaii

Hawaii Governor Vetoes Bill Allowing Medical Marijuana for Opioid Addiction. Gov. David Ige (D) has vetoed a bill that would have allowed medical marijuana treatment for opioid and substance abuse disorders. Senate Bill 2407 passed the legislature with large majorities in May, but Gov. Ige announced in June he planned to veto it. Now he has.

New York

New York Enacts Emergency Rules Allowing Medical Marijuana as Opioid Replacement. State regulators have moved to allow patients who would normally be prescribed opioids to use medical marijuana instead. "Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence," New York State Health Commissioner Dr. Howard said. "Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state."

Ohio

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma

Oklahoma Governor Signs Strict Medical Marijuana Rules. Gov. Mary Fallin (R) on Wednesday signed rules regulating medical marijuana that include banning the sale of smokable marijuana at dispensaries and requiring a pharmacist at dispensaries. "These rules are the best place to start in developing a proper regulatory framework for medical marijuana, with the highest priority given to the health and safety of Oklahomans. They are also the quickest and most cost-efficient way to get the process actually started as required by the law passed by the people. I expect modifications could occur in the future. I know some citizens are not pleased with these actions," Fallon said in a statement.

DEA Says Oklahoma Pharmacists Dispensing Marijuana Would Violate Federal Law. Although Gov. Mary Fallin (R) on Wednesday signed into law regulations requiring that a pharmacist be present at medical marijuana dispensaries, the DEA's Special Agent in Charge in Oklahoma, Rich Salter, warned that the medical marijuana program as a whole violates federal law. Any pharmacist who dispensed an illegal drug would be at risk of losing his or her license, he added.

Oklahoma Medical Marijuana Groups Vow To Take Action In Last-Minute Regulation Changes. The Oklahoma Cannabis Trade Association and the Oklahomans for Health, the group that spearheaded the successful medical marijuana initiative, held a news conference Wednesday to decry regulations imposed by the state Board of Health and signed into law by Gov. Mary Fallin (R). "Those are not reasonable," said medical marijuana advocate Nora Sapp. "We the people spoke on July 26th. We didn't ask permission. We told them what we are going to do." The two groups said they would fight the regulations.

Oklahoma Advocates File Lawsuits Over Medical Marijuana Rules. Green the Vote, the people behind the successful June medical marijuana initiative, filed two lawsuits Friday against the state over its restrictive rules and regulations. "The lawsuit filed today is our endeavor to undo the wrongful acts of the Oklahoma Department of Health in adopting amendments to the regulations implementing State Initiative 788. It is our hope that this lawsuit will quickly resolve the improper regulations and allow Oklahoma citizens to exercise their rights to manage their own health care," the group announced in a news release.

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor's signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: MX Minister Talks Legalizing Drugs, BC Nurses in Canada Decrim Call, More... (7/18/18)

BC nurses talk drug decriminalization, a Mexican minister talks drug legalization, House Republicans on a key committee once again block House votes on marijuana amendments, and more.

Mexico's incoming government is talking about legalizing drugs. (Creative Commons)
Marijuana Policy

House Rules Committee Once Again Blocks Marijuana Reform Votes. The Rules Committee, chaired by Rep. Pete Sessions (R-TX), has once again blocked marijuana reform amendments from being voted on by the full House. On Monday night, the committee blocked votes on two amendments, bringing the total of amendments it has blocked to 36 in this session.

Arizona Federal Prosecutors Now Charging Marijuana Smugglers With Illegal Entry, Too. Federal prosecutors in Arizona have announced a policy shift in which they will now charge the hundreds of people caught each year smuggling marijuana across the border with immigration violations as well as drug charges. Under the new policy, prosecutors will now seek six-month sentences for misdemeanor illegal entry as well as six-month sentences for marijuana violations. While the sentences would run concurrently, a conviction for crossing the border illegally could be used as a sentencing enhancement in future convictions.

Medical Marijuana

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

International

British Columbia Nurses Join Call for Canada Drug Decriminalization. The BC Nurses Union said in a press release Tuesday that the federal government should declare the opioid crisis a national public health emergency and that the possession of personal amounts of opioids should be decriminalized. The move comes just days after the Toronto board of health made a similar call.

Mexico Will Consider Drug Legalization, Interior Minister Says. Interior Minister Olga Sanchez Cordero said Tuesday that that incoming President Andres Manuel Lopez Obrador (AMLO) had given her "carte blanche" to consider legalizing drugs. "On the subject of decriminalizing drugs, Andres Manuel told me, and I quote: 'Carte blanche. Whatever is necessary to restore peace in this country. Let's open up the debate,'" Sanchez Cordero said. She pointed to the bloody violence of the past decade: "What no one can deny with hard data is that, at least in the past ten years, the Mexican government has been incapable of stopping violence and responding to it with institutional mechanisms," she said.

Chronicle AM: OK Medical Marijuana Muddle, Toronto Health Board Says Decriminalize, More... (7/17/18)

The uproar in Oklahoma grows louder after the state health board messes with the medical marijuana initiative, Toronto's health board endorses drug decriminalization, and more.

A battle is brewing in Oklahoma after the state health board messes with the voter-approved medical marijuana initiative. (DPA)
Medical Marijuana

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor's signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Drug Testing

Massachusetts High Court Holds Judges Can Require Drug Users to Remain Drug-Free. The state's Supreme Judicial Court ruled Monday that a judge can require a drug user to stay drug-free as a condition of probation. The case involved Julie Eldred, who was on probation for a larceny charge when she was jailed for failing a drug test. Her attorney argued that her relapse was a symptom of her disease of addiction and that it was unconstitutional to punish someone for a medical condition. But the court disagreed: "In appropriate circumstances, a judge may order a defendant who is addicted to drugs to remain drug-free as a condition of probation, and that a defendant may be found to be in violation of his or her probation by subsequently testing positive for an illegal drug."

International

Toronto Public Health Board Calls for Drug Decriminalization. The health board in Canada's largest city has called on the federal government to decriminalize all drugs. The board voted unanimously Monday to endorse the recommendation from the city's top health officer, Dr. Eileen de Villa. "The potential harms associated with any of these drugs is worsened when people are pushed into a position where they have to produce, obtain and consume those drugs illegally, so that's what we're trying to address," de Villa said, with a call for a "public health approach" focused on treatment and harm minimization rather police, courts and jail. Officials in Vancouver have also called for drug decriminalization, but the federal government of Prime Minister Justin Trudeau hasn't shown any appetite for it.

Chronicle AM: CA Legal Pot Draft Rules Unveiled, Opioid Crackdown Hurts Pain Patients, More... (7/16/18)

California regulators issue proposed draft regulations for the legal marijuana market, British police are "in effect" decriminalizing marijuana, the opioid crackdown is impacting chronic pain patients, and more.

Marijuana Policy

California Legal Marijuana Draft Regulations Unveiled. State regulators last Friday unveiled their much-anticipated draft of permanent regulations for the state's legal marijuana industry. Under the proposed regulations, pot shops would be able to deliver marijuana anywhere in the state, medical marijuana patients will likely be able to buy edibles more potent than currently permitted, but rules for advertising products could become more strict. The public now has 45 days to weigh in on the draft rules, either in writing or at one of 10 hearings to be held throughout the state.

Heroin and Prescription Opioids

Crackdown on Opioid Prescriptions Risks Leaving Pain Patients Out of Luck. With the country in the midst of a battle against opioid addiction and overdoses, policies to curtail the use of opioids are impacting chronic pain patients and making their lives more difficult. New prescribing guidelines from the Centers for Disease Control, new state laws, state medical board sanctions, and policy changes by managed-care and prescription plans have all contributed to what pain patients call "changes have ignored the treatment of their pain and have made it harder for many to find care."

Drug Testing

Minnesota Appeals Court Rules That People With Drug Convictions Can't Be Subjected to Drug Tests Forever to Receive Welfare Benefits. The state Court of Appeals ruled Monday that people with previous drug convictions cannot be permanently required to undergo drug testing as a condition of receiving welfare benefits. The ruling came in the case of a woman convicted of drug possession in 1997 who refused to take a drug test in 2016 and lost her benefits. Under a 1997 state law, people convicted of drug offenses are ineligible for benefits for five years after their sentences are over (unless they've completed drug treatment) and are subject to random drug tests in perpetuity. "Granting effect to the [Department of Human Services'] current interpretation of the statute would require persons receiving MSA or general-assistance benefits to undergo chemical testing indefinitely, even if decades have passed since the completion of a court-ordered sentence," Judge Roger Klaphake wrote on his opinion overturning a denial of benefits to the woman. "Those who, like appellant, have long since completed their court-ordered sentences and five-year period of ineligibility are not ''[p]ersons subject to the limitations of this subdivision' and are not required to undergo chemical testing for receipt of benefits under chapter 256D," he wrote on behalf of a divided three-judge panel.

International

Brazil Marijuana Legalization Bill Filed. The opposition Workers' /Party has filed a bill that would legalize marijuana in South America's largest and most populous country. The move comes a year after Supreme Court Justice Roberto Barroso called on lawmakers to legalize marijuana as a means of reducing gang violence. But given that the Workers' Party is the minority, this bill is unlikely to move this year.

British Police "In Effect" Decriminalizing Marijuana. British police are effectively decriminalizing marijuana by not bothering to arrest pot smokers, British arrest statistics show. Marijuana arrests have dropped 19% since 2015 and so have warnings, which declined 34% in the same period. "The fall in prosecutions and cautions for cannabis possession is a welcome trend and a victory for common sense," said Liberal Democrat MP David Lamb. "The 'war on cannabis' unfairly stigmatizes and criminalizes young people who are doing no harm to others, while tying up police resources which should be better used tackling harmful crimes. However, this issue should not be left to individual police forces. We cannot tolerate a postcode lottery where cannabis users may or may not be prosecuted depending on where they live. The government must bring forward proposals for a regulated cannabis market in the interests of public health, with strict controls on price and potency, and give parliament a free vote."

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