Decriminalization and medical marijuana bills are being filed left and right, Maine says pot patients can be unfit parents, Oregon says pot patients can't operate child care centers, New York City pays out big time for the killing of a black youth over weed, Jamaica's decrim bill advances, and more. Let's get to it:
Delaware Decriminalization Bill Filed [24]. State Rep. Helene Keeley (D-Wilmington) and several cosponsors have filed House Bill 39 [25], which would make possession of up to an ounce a civil infraction punishable only by a fine. Public use would remain subject to jail time, but for no more than five days.
Maryland Push for Legalization Underway [26]. Supporters of legalization held a press conference last Friday to push the idea forward. State legislators, including Del. Curt Anderson (D-Baltimore) were joined by a Colorado legislator and Seattle City Attorney Pete Holmes. The press conference came as legalization supporters prepared to brief legislative committees on the topic. Maryland decriminalized it last year.
Minnesota Poll Finds More Want to Legalize It Than Don't [27]. A new Public Policy Polling survey [28] finds just short of a majority for legalizing pot there. Some 49% said they thought marijuana should be legal and regulated, while 44% thought it "should remain illegal." Support for medical marijuana, meanwhile, was at 76%.
New Hampshire Decriminalization Bill Filed [29]. Rep. Adam Schroadter (R-Newmarket) and seven cosponsors have introduced House Bill 618 [30], which would decriminalize the possession of small amounts of marijuana. New Hampshire is the only New England state that has not decriminalized.
New Mexico Decriminalization Bill Filed [31]. State Sen. Joseph Cervantes (D-Dona Ana County) has introduced Senate Bill 383 [32], which would decriminalize the possession of up to four ounces and eliminate jail time for possession of up to eight ounces. Currently, possession of less than an ounce is a petty misdemeanor with possible jail time, while possession of between one and eight ounces is a misdemeanor with up to a year in jail.
Virginia Decriminalization Bill Dies in Senate Committee [33]. A bill that would have decriminalized pot possession in the Old Dominion was killed last Wednesday in the Senate Courts of Justice Committee. Senate Bill 686 [34], introduced by Sen. Adam Ebbin (D-Alexandria) died in a 9-5 party line vote.
Philadelphia Pot Arrests Drop 88% After Decriminalization [35]. Philadelphia police arrested only 63 people for marijuana possession between October 20 and year's end, marking a massive decline in marijuana arrests after decriminalization. Last year during the same time period, there were 559 possession arrests.
Medical Marijuana
Connecticut State Commissioner Agrees to Expand Qualifying Ailments List [36]. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.
Maine High Court Rules Using Medical Marijuana Can Make Parents Unfit [37]. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick [38].
Mississippi Medical Marijuana Bill Filed [39]. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318 [40], which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.
North Dakota Medical Marijuana Bill Filed [41]. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430 [42], which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition that, in the opinion of a physician, substantially limits the ability of a person to conduct one or more major life activities; or may cause serious harm to the patient's safety or mental or physical health if not alleviated; if the illness or condition may be improved by the use of marijuana."
Oregon Bars Medical Marijuana Patients From Being Child Care Providers [43]. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule [44] that was issued last August and gave patients an ultimatum: your patient card or your child care business.
Tennessee Low-THC Cannabis Oil Bill Filed [45]. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197 [46], which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.
Law Enforcement
Chicago Federal Prosecutors Drop "Stash House" Cases [47]. The US attorney's office in Chicago has dropped dozens of serious drug conspiracy cases that were based on undercover stings where law enforcement agents enticed people into robbing non-existent drug stash houses. The law enforcement technique has come under strong criticism that it amounts to entrapment and is used disproportionately to target minorities. Clarence Walker has covered this issue for the Chronicle here [48] and here [49].
New York City Pays to Settle Killing of Black Teenager Over Weed [50]. The city has settled with the family of Ramarley Graham, an 18-year-old black teen who was shot dead in his own bathroom by an NYPD cop who had stormed into his apartment without a warrant after suspecting he had marijuana. The killer cop, Richard Haste, was indicted in the shooting in 2012, but a judge threw out that indictment and a second grand jury failed to indict. Police said they suspected he had a gun because of the way he moved his hands near his waist. No weapon was ever found. The city has now agreed to pay the Graham family $3.9 million.
National Sheriffs Association Wants Deputy Attorney General Nominee "Investigated" for Pro-Drug Reform Comments [51]. The group is upset with Vanita Gupta, nominated to head the department's Civil Rights Division. She has called for the decriminalization of all drugs, and that "put her at odds with the goal of public safety," the sheriffs complain. How her publicly made remarks would be "investigated" remains to be seen.
International
Jamaica Senate Begins Debate on Decriminalization [52]. The Senate last Friday began debating a bill that would decriminalize marijuana and establish a licensing authority for a marijuana industry on the island. The bill would also allow for Rastafarians to use ganja for religious purposes. Debate is expected to continue in the Senate in coming days before the bill is sent to the lower chamber. It is expected to pass, since the ruling party, which submitted it, controls both chambers and the opposition also supports its broad outlines.
Venezuela Shoots Down Suspected Drug Plane Off Aruba [53]. The Venezuelan defense ministry confirmed last Friday that its fighter jets had shot down a civilian plane suspected of carrying drugs. The plane went down off Aruba. Aruban officials had reported a day earlier that a plane had come down in flames, and human remains and packages of drugs could be seen in the water. Venezuela has shot down a number of suspected drug planes in recent years.