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Chronicle AM: Chicago Mayor to End Pot Car Seizure Strategy, Fed Court Upholds Life Sentence in Drug Death, More... (11/13/19)

While Chicago's mayor is trying to ease post-legalization pot penalties, the city's housing authority is warning public housing residents can be evicted for smoking at home; a federal court upholds a life sentence for a drug-related death; and more.

Chicago is getting ready to grapple with legal marijuana. (Creative Commons)
Marijuana Policy

Florida Legalization Campaign Raised More Than $1 Million Last Month. The Make It Legal Florida campaign to put a marijuana legalization initiative on the November 2020 ballot is benefiting from a large cash injection last month. The campaign raised nearly $1.1 million, almost entirely from two medical marijuana companies who stand to benefit from legalization. Surterra Holdings kicked in $544,000, while MedMen gave $540,000. The campaign spent $1.6 million in October, mostly on paid signature gathering. It needs 766,200 valid voter signatures by February to qualify for the ballot, and because it's a constitutional amendment, would require 60% of the vote to be approved.

Massachusetts Regulators "Quarantine" All Marijuana Vaping Products Except Medicinal Use Buds. The state's Cannabis Control Commission moved on Tuesday to "quarantine" all marijuana vaping products except those that contain only buds and are intended for medical marijuana patients. The commission cited a CDC report that pointed a finger at Vitamin E acetate as the culprit in the recent wave of vaping-related illness and injury and said it was acting "in order to protect the public health, safety, and welfare of the citizens of Massachusetts." The quarantine will stay in place until the commission develops regulations for the use of vaping products. according to a press release from the CCC.

Chicago Mayor Moves to Stop Impounding Cars Found with Marijuana. With marijuana legalization looming, Mayor Lori Lightfoot is drafting an ordinance to end the city’s practice of impounding vehicles found with marijuana inside and dramatically reduce fines for those caught using pot in public. "For far too long, unjust and outdated cannabis enforcement laws have adversely and disproportionately affected Chicago’s black and brown neighborhoods," she said. The ordinance would drop fines for public consumption from $250 to $500 down to $50 and end a "zero tolerance" rule requiring the seizure of vehicles with marijuana.  Lightfoot said in a news release.

Chicago Housing Authority Warns No Pot in Public Housing. The Chicago Housing Authority has warned residents of public housing they would be evicted if they use marijuana at home. "While federal law prohibits marijuana use and possession in federally subsidized housing, the Chicago Housing Authority is working to educate and inform residents so they understand all applicable laws related to cannabis and federally funded housing," CHA spokeswoman Molly Sullivan said.

Sentencing Policy

Federal Appeals Court Upholds Life Sentence for Drug-Related Death. A federal appeals court in Michigan has upheld the life sentence of a man blamed for the drug-related death of another man. Steven Whyte was convicted of providing heroin to a man who overdosed and died. The court said the sentence was "severe and perhaps even misguided as a matter of criminal justice policy" but still constitutional.

Chronicle AM: Northeastern Governors Hold Legalization Summit, SC Judge Throws Out Civil Asset Forfeiture, More... (10/17/19)

At least five governors have marijuana on their minds this week, Canada allows marijuana edibles and vapes to go on sale, a South Carolina judge rules the state's civil asset forfeiture law unconstitutional, and more.

Marijuana is on the minds of governors in the Northeast -- and New Mexico, too. (Creative Commons)
Marijuana Policy

Governors of Four Northeastern States Hold Summit to Coordinate Marijuana Legalization Plans. New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D) have been joined at a Thursday meeting by New Jersey Gov. Phil Murphy (D) and Pennsylvania Gov. Tom Wolf (D) as the state chief executives discuss how best to move forward with marijuana legalization. The governors' marijuana summit is divided into five sessions: on vaping and related issues, market regulation and social justice issues, public health consequences of cannabis, public safety issues and a "best practices" panel led by Colorado representatives.

New Mexico Governor's Working Group Releases Marijuana Legalization Proposal. A working group on marijuana legalization appointed by Gov. Michelle Lujan Grisham (D) released its recommendations Wednesday. The group is recommending, among other things, the automatic expungement of past marijuana convictions, exempting medical marijuana patients from taxation, a low-income subsidy program for patients, and either a ban or a licensing requirement for home cultivation. The state will see a 30-day legislative session early next year, and the release of the recommendations could pave the way for passage of a legalization bill then.

Asset Forfeiture

South Carolina Judge Rules Civil Asset Forfeiture Unconstitutional. A South Carolina circuit court judge in Horry County has ruled the state's civil asset forfeiture law unconstitutional, in violation of the US Constitution's 4th, 5th and 14 amendments. 15th Circuit Court Judge Steven H. John found that South Carolina's forfeiture laws violate both the federal and state constitutional protections against excessive fines by allowing the government to seize unlimited amounts of cash and property that aren't proportionate to the alleged crime. The ruling sets the scene for an appeals court ruling down the road.

International

Australian Plan to Drug Test Welfare Recipients Passes First Parliamentary Hurdle. A government bill to begin a pilot program requiring welfare recipients to undergo drug tests has been approved by the lower house and is now on its way to the Senate -- where it is likely to be defeated.

Canada Legalizes Marijuana Derivatives. One year after legalizing marijuana, Canada has now finalized regulations for marijuana products such as edibles, marijuana-infused beverages, and vape products, and those products will now be available to Canadian consumers as the country moves to "Legalization 2.0."

Chronicle AM: DEA Proposes Big Cuts in Opioid Production, Increase in Research Marijuana, More... (9/11/18)

The DEA has come out with proposed quotas for marijuana and prescription opioids for 2020, a Florida legalization initiative has already raised a million dollars, and more.

Marijuana Policy

DEA Wants 3.2 Million Grams of Marijuana Legally Grown In 2020. The DEA has set a quota of 3.2 million grams of marijuana to be grown legally for scientific research purposes next year. That's a bit more than 7,000 pounds, and it's up more than 30% over this year's quota of 2.45 million grams. "This will meet the need created by the increase in the amount of approved research involving marijuana," DEA said in a press release. "Over the last two years, the total number of individuals registered by DEA to conduct research with marijuana, marijuana extracts, derivatives and delta-9-tetrahydrocannabinol (THC) has increased by more than 40 percent, from 384 in January 2017 to 542 in January 2019."

Florida Legalization Campaign Has Raised $1 Million. Make It Legal Florida (MILF), the group behind the Adult Use of Marijuana initiative, has already raised more than $1.09 million for its effort to put the measure on the 2020 ballot, almost entirely from two major players in the legal marijuana industry, Surterra Wellness and MadMen, Inc. The information comes from campaign finance filings on September 1. Another group, Sensible Florida, is sponsoring a competing marijuana legalization initiative. It has raised $177,883 and received $245,725 in in-kind contributions.

Heroin and Prescription Opioids

DEA Proposes Reductions in Opioid Manufacturing for 2020. The DEA is proposing to reduce the amount of five Schedule II opioid controlled substances that can be manufactured in the United States next year compared with 2019. The agency proposes to reduce the amount of fentanyl produced by 31%, hydrocodone by 19%, hydromorphone by 25%, oxycodone by 9%, and oxymorphone by 55%. Combined with morphine, the proposed quota would be a 53% decrease in the amount of allowable production of these opioids since 2016.

International

Australian Government Proposes Drug Testing for Welfare Benefits. The Liberal government of Prime Minister Scott Morrison has filed a bill in parliament to drug test welfare recipients. The legislation, which would run trial programs in several districts -- all controlled by the Labor party -- would restrict benefits to a debit card following the first positive, and require participation in a drug treatment program following the second. It has been criticized by health experts and drug policy reformers for stigmatizing welfare recipients while diverting from addressing the root causes of addiction. Morrison told the Australian Broadcasting Corporation, "This is a trial. We are trying to work out if this can work. I am really puzzled by the level of opposition to the government trying to tackle a problem of drug addiction for people who are not in work and helping them get over it with referral to proper services and funding those services in those trial areas."

Chronicle AM: Johns Hopkins Gets Psychedelic Center, Guatemala State of Siege, More... (9/5/19)

Johns Hopkins University is opening a psychedelic research center, hemp cultivation in the US quadruples over last year, Guatemala declares a state of seige after suspected drug traffickers killed three soldiers, and more.

The psilocybin molecule. They'll be taking a look at the new Johns Hopkins psychedelic studies center. (Creative Commons)
Hemp

Hemp Farming Quadrupled in Tte US This Year, New Report Shows. In a report released Thursday, the advocacy group Vote Hemp announced that the amount of land devoted to legal hemp cultivation in the country has more than quadrupled this year. Since passage of the farm bill last year federally legalized hemp production, the amount of land licensed for cultivation -- primarily female plants for CBD production -- was 511,442 acres, up from 78,000 acres grown last year and less than 10,000 acres cultivated in 2016.

Law Enforcement

St. Louis Cop Kills Armed Man in Small-Time Marijuana Bust. Early Thursday morning, a St. Louis police officer shot and killed a man he was trying to arrest in a small-time marijuana bust after the man allegedly tried to pull a gun from his pocket. Officers were patrolling an area "known for drug activity" when they noticed several people around a parked car. Approaching the vehicle, they found a man with marijuana on his lap. Police said he refused their commands to exit the vehicle, so they pulled him from the car and one of the officers "notice[d] there [was] a gun that the person [wa]s trying to remove from his pocket" and then shot him. The victim, described as a 28-year-old black man, has not yet been identified.

Psychedelics

Johns Hopkins Launches Center for Psychedelic Research. A group of private donors has given $17 million to start the Center for Psychedelic and Consciousness Research at Johns Hopkins Medicine, making it what's believed to be the first such research center in the US and the largest research center of its kind in the world. The Center for Psychedelic and Consciousness Research will focus on how psychedelics affect behavior, brain function, learning and memory, the brain's biology, and mood. At Johns Hopkins, much of the early work with psychedelics has focused on psilocybin, the chemical found in so-called magic mushrooms. Further studies will determine the chemical's effectiveness as a new therapy for opioid addiction, Alzheimer's disease, post-traumatic stress disorder, post-treatment Lyme disease syndrome (formerly known as chronic Lyme disease), anorexia nervosa, and alcohol use in people with major depression. Researchers hope to create precision medicine treatments tailored to individual patients' specific needs.

Harm Reduction

Washington State Health Officer Okays Standing Order for Naloxone. Late last week, State Health Officer Dr. Kathy Lofy signed a statewide standing order for the overdose reversal drug naloxone. The order allows any person or organization in the state to get naloxone from a pharmacy. The state Department of Health encourages anyone who is at risk of experiencing or witnessing an opioid overdose to carry naloxone. People who want to get naloxone can use the standing order at any pharmacy in the state without a prescription from a health care provider.

International

Guatemala Declares State of Emergency After Narcos Kill Soldiers. The Guatemalan government on Wednesday declared a state of siege in five northeastern provinces in the wake of an attack by suspected drug traffickers that left three soldiers dead. The provinces are Alta Verapaz, El Progreso, Izabal, Peten and Zacapa provinces, a drug-trafficking corridor that runs from the Honduran to Mexican borders. The measure will impose a curfew, prohibit demonstrations and make it easier for the armed forces to detain people. It must be approved by Congress.

Chronicle AM: Senate Committee to Take Up Pot Banking Bill, Berkeley Psychedelic Decrim Push, More... (7/17/19)

In a sign of marijuana's momentum, a Senate committee will take up a pot banking bill next week, Ohio backs away from barring drug felons from food stamp eligibility, the Berkeley city council takes up decriminalizing natural psychedelics, and more.

Berkeley could soon join neighboring Oakland in decriminalizing natural psychedelics. (Greenoid/Flickr)
Marijuana Policy

Senate Schedules Hearing on Marijuana Business Banking Access. The Republican-controlled Senate Banking, Housing, and Urban Affairs Committee has scheduled a hearing next Tuesday to examine state-legal marijuana businesses' lack of access to banking services. A House marijuana banking bill has passed out of committee and now has 206 cosponsors. At the same time, though, DEA marijuana arrests increased by about 20%.

DEA Chopping Down Fewer Marijuana Plants but Making More Pot Busts. As more states legalize marijuana, the number of plants seized by the DEA is declining. The DEA reported seizing 2.8 million indoor and outdoor plants last year, a decline of 17% from 2017. At the same time, though, the DEA arrested about 20% more people for marijuana offenses. These increased arrests, however, are not occurring in the legal pot states, but in places such as Kansas and Louisiana.

Psychedelics

Berkeley City Council Committee Considers Decriminalizing Psychedelics Today. Decriminalize Nature, the same folks who successfully got neighboring Oakland to approve a psychedelic decriminalization ordinance, now has a similar ordinance under consideration in Berkeley. The city council's Public Safety Committee will take it up today and can decide to either hold it for further hearings or advance it to the full council.

Collateral Consequences

Ohio Scraps Plan to Ban Food Stamps for Drug Offenders. The state Department of Job and Family Services has abandoned a draft rule that would have denied food stamps to people who had been convicted of felony drug offenses. The department backed down after the ACLU of Ohio posted the draft rule on Twitter, along with a letter of opposition. Kimberly Hall, the department’s director, called it an error. "The draft rule to change Ohio’s policy on SNAP eligibility for those with felony drug offenses was submitted for review in error," she said in an emailed statement. "This error is being corrected. There will be no policy change."

Chronicle AM: Congressional Hearing on Marijuana, HI Governor Vetoes Asset Forfeiture Reform Bill, More... (7/10/19)

Congress heard testimony today challenging marijuana's criminalization, a Democratic House rising star and Senate presidential contender team up on a federal housing bill, Hawaii's governor vetoes a bill to end civil asset forfeiture, and more.

Marijuana got a hearing on Capitol Hill today. (Creative Commons)
Marijuana Policy

Congress Hears Testimony Challenging Marijuana Criminalization. The House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security is holding a hearing today on "Marijuana Laws in America: Racial Justice and the Need for Reform." Witnesses are discussing alternative policy options, including ending marijuana's status as a Schedule I controlled substance.

Medical Marijuana

Florida Appeals Court Finds Law Limiting Medical Marijuana Companies Unconstitutional. The state's 1st District Court of Appeal has ruled that Rick Scott-era rules are unconstitutional and violate Amendment 2, the ballot measure that legalized medical marijuana in the state. The current vertically integrated system that requires companies to grow, process, package, and sell their own medical marijuana violates the amendment, the court ruled, and so does the system that caps licenses. The ruling upholds in part a 2018 Leon County Circuit Court decision that also ruled the system unconstitutional.

Asset Forfeiture

Hawaii Governor Vetoes Civil Asset Forfeiture Reform Bill. Gov. David Ige (D) on Tuesday vetoed HB 748, which would have ended asset forfeiture without a criminal conviction in the state. Ige acted at the behest of law enforcement agencies statewide, who strongly opposed the bill.  The law would "be too restrictive," Ige said.

Housing

Kamala Harris, Alexandria Ocasio-Cortez File Bill to Protect Rights in Federal Housing. House upstart Rep. Alexandria Ocasio-Cortez (D-NY) and presidential contender Sen. Kamala Harris (D-CA) have teamed up to file the Fair Chance at Housing Act of 2020, which would make it harder to evict tenants for a single criminal offense and would prevent the eviction of family members who didn't know about a guilty person's criminal acts. The bill would also limit criminal record queries by housing authorities screening potential tenants. Under the bill, drug offenses resulting in a sentence of less than 10 years would no longer bar someone from seeking federal housing assistance. The bill is not yet available on the congressional website.

(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 website. 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.)

Drug Policy and Sustainable Development: Goals 4, 8 and 16 on Education, Work and Rule of Law

Drug Policy and Sustainable Development: Goals 4, 8 and 16 on Education, Work and Rule of Law


side event, UN High Level Political Forum on Sustainable Development
Church Center of the United Nations, 777 UN Plaza (1st Avenue & 44th Street), 10th Floor
Thursday July 11, 2019, 4:15‐6:30pm ET

RSVP to [email protected] (requested but not required)
Snacks will be Provided

Panel 1: Challenges people recovering from criminal justice involvement face

accessing work and education (4:15‐5:15pm) 
  • Darrell Bennett, former IMPACT Leadership Program Director, Exodus Transitional Community
  • Megan French‐Marcelin, Fair Hiring Project Coordinator, JustLeadershipUSA
  • David Sheridan, Director of Financial Aid, Columbia University School of International and Public Affairs
Panel 2: International justice to counter disinformation and promote humanrights, in the Philippines and elsewhere (5:30‐6:30pm)
  • William Pace, Convener, Coalition for the International Criminal Court, 1995‐2019
  • video: Davey Alba for BuzzFeed, "How Duterte Used Facebook to Fuel the Philippine Drug War
  • video: Pamela Combinido, "Architects of Networked Disinformation: Behind the Scenes of Troll Accounts and Fake News Production in the Philippines"
  • others speakers TBA

moderated by David Borden, Executive Director, StoptheDrugWar.org

PDF flyer here

Chronicle AM: No NY Legalization (Yet), Colombia to Resume Aerial Coca Spraying, More... (6/19/19)

The House could vote on a series of marijuana amendments soon, New York's bid to legalize marijuana this year runs out of time, Colombia's president says the spraying of coca crops (and farmers) with herbicides will recommence soon, and more.

Colombian coca farmer (DEA)
Marijuana Policy

House Rules Committee Sends Marijuana Amendments to Floor Vote. The House Rules Committee approved a series of marijuana amendments on Tuesday, setting them up for a House floor vote. They include a rider blocking the Justice Department from interfering in state-legal marijuana programs, a proposal shielding tribal marijuana laws, and a proposal to let vets receive medical marijuana recommendations from Veterans Affairs doctors. They are all part of an appropriations bill that funds large parts of the federal government.

New York Fails to Legalize Marijuana as Session Ends. The legislative session ended today with lawmakers and Gov. Andrew Cuomo (D) unable to come to an agreement that would allow them to pass the Marijuana Regulation and Taxation Act (SB 1527). Key issues still unresolved included how tax revenues would be spent, whether past marijuana convictions should be expunged, and whether localities could opt out of allowing pot shops or would have to opt in.

Kratom

Oregon Legislature Punts on Regulating Kratom. Lawmakers have mooted a bid to regulate kratom in the state. The Senate Judiciary Committee had amended a series of rules and restrictions on kratom into an unrelated bill in April, but this week, the Joint Ways and Means Committee reversed the earlier action and removed all references to kratom in the bill. That means kratom will remain unregulated -- at least until the next legislative session.

Drug Testing

Maine Repeals Failed Food Stamp Drug Testing Requirement. Gov. Janet Mills (D) on Monday signed into law a bill that repeals the state's controversial and unsuccessful drug testing requirement for Temporary Assistance for Needy Families (TANF) beneficiaries. Since imposed by Tea Party Republican former Gov. Paul LePage in 2015, the program found a total of fewer than ten people who actually tested positive out of thousands forced to submit to the test.

International

Colombia to Resume Aerial Spraying of Coca Crops, President Says. President Ivan Duque has said aerial spraying of coca crops will resume "within weeks," and Defense Minister Guillermo Botero adds that the herbicide glyphosate will be used. But there is an obstacle: The Constitutional Court suspended the practice back in 2015 until the government could convince it the herbicide was safe.

Chronicle AM: CA Acts to Boost Struggling Cannabis Industry, WV Students Face Drug Tests, More... (6/17/09)

California officials are cutting legal operators some slack in a bid to boost the marijuana industry, Virginia's attorney general calls for marijuana decriminalization, West Virginia is demanding students seeking free community college tuition undergo drug testing, and more.

State officials are easing up on permitting to give the legal industry some breathing room. (Creative Commons)
Marijuana Policy

In Bid to Boost Legal Cannabis Industry, California Plans to Extend Provisional Permits for Growers and Sellers. State officials plan to extend the period that marijuana growers and sellers can operate with provisional licenses by five more years, giving them more time to get in compliance with stricter rules required for regular permits. The state's legal industry is having a hard time getting off the ground in the face of high taxes and stiff regulatory hurdles. Only 208 growers have obtained regular, annual licenses and another 1,532 are operating with provisional permits. That's a tiny fraction of all marijuana growers in the state. Similarly, only 39 marijuana retailers have regular licenses, with another 2,751 operating on provisional or temporary permits.

Virginia Attorney General Calls for Marijuana Decriminalization and Expungement, and Eventual Legalization. Attorney General Mark Herring has called for the decriminalization of small amounts of marijuana, as well as expungement for old marijuana offenses, with an eye toward eventual legalization. "The human and social costs are enormous, in addition to the millions of dollars it costs Virginia taxpayers," Herring wrote in an op-ed Saturday. "And the negative consequences of the current approach fall disproportionately on African Americans and people of color."

Medical Marijuana

Gallup Poll Finds Americans Want CBD OTC. Americans familiar with CBD want it sold over the counter without a prescription by a margin of 61% to 33%, according to a Gallup poll released last Friday. More than a third (36%) of respondents were not familiar with CBD. When they are included, the figure for support for OTC CBD declined to 39%.

Drug Policy

California's Santa Clara County Will Stop Prosecuting People for Minor Drug Offenses. The Santa Clara County (San Jose) District Attorney's Office announced last Friday it will stop prosecuting most minor drug offenses. Only people who already have two drug offenses will be prosecuted under the new policy. "We are drawing a line between public health and public safety," said Brian Buckelew, a Supervising Deputy District Attorney. "If there's no other criminality, if someone is arrested with a meth pipe, or personal use methamphetamine, that person needs treatment. But should that person get treatment in the criminal justice system at great expense to the taxpayers? We have concluded they should not."

Drug Testing

West Virginia Students Will Have to Pass Drug Test to Get Free Tuition at Community Colleges. Students who are expecting free college tuition under the West Virginia Invests program will be required to pass drug tests in order to be eligible. That's after the state Community and Technical College System's board approved the move at a meeting last Thursday. While the law creating the program demanded drug testing, it did not specify which drugs should be tested for. The board decided to test for THC, marijuana's high-inducing ingredient, alongside opiates, oxycodone, hydrocodone, cocaine, amphetamines and other drugs. The policy went through no public comment period, and even one board member questioned why marijuana was on the list.

Chronicle AM: AZ High Court Rules Hash is Marijuana (Doh!), IA Governor Vetos MMJ Bill, More... (5/28/19)

It's a busy drug policy week in Colorado, New York lawmakers try a last ditch bid to legalize marijuana this session, Arizona's high court rules that hash is a form of marijuana, and more.

Hashish. Arizona's Supreme Court has clarified that hash is a form of marijuana and patients can use it. (DEA)
Marijuana Policy

New York Lawmakers File New Marijuana Legalization Bill. With only three weeks to go before the session ends, a group of senators last Friday unveiled SB 1527A, which would legalize marijuana. The bill merges the progressive Marijuana Regulation and Tax Act (MRTA), which has been filed repeatedly since 2013, with legislation that is backed by Gov. Andrew Cuomo (D) but which failed to get passed as part of the budget.

Medical Marijuana

Arizona Supreme Court Rules Hash Is Medical Marijuana. The state Supreme Court ruled Tuesday that registered medical marijuana patients can use hashish without fear of legal consequence. The ruling comes in the case of a Phoenix man who was arrested with a tiny amount of hash and sentenced to two years in prison. An appeals court had ruled against him, but here's what the Supreme Court said: "We hold that the definition of marijuana in § 36-2801(8) includes resin, and by extension hashish, and that § 36-2811(B)(1) immunizes the use of such marijuana consistent with AMMA. We reverse the trial court's ruling denying Jones's motion to dismiss, vacate the court of appeals' opinion, and vacate Jones's convictions and sentences."

Iowa Governor Vetoes Medical Marijuana Bill. Gov. Kim Reynolds (R) last Friday vetoed a medical marijuana expansion bill, HF 732. The bill would have removed the 3% cap on THC and replaced it with a 25-gram limit per patient every 90 days. Reynolds said she vetoed the proposal because the cap of 25 grams over 90 days would allow an individual to consume more THC per day even than a recreational marijuana user. "If approved, it would drastically expand Iowa's medical CBD program far beyond its original scope of CBD-based treatments and could open the door to significant unintended consequences to the health and safety of Iowans," Reynolds said in a statement.

Missouri Medical Marijuana Rules Finalized. The state Department of Health and Human Services posted a list of 11 regulations for the medical marijuana industry on its web site. The revised rules will be implemented starting next week. Under an initiative passed by voters last fall, the state is required to license 60 growing facilities, 86 manufacturers and 192 dispensaries, 24 for each of the state's eight congressional districts.

Collateral Consequences

West Virginia Ban on Food Stamps for Drug Felons Ends. A law that would exempt the state from federal law prohibiting people with felony drug convictions from receiving Supplemental Nutrition Assistance Program (SNAP) benefits has now gone into effect. Only people whose drug convictions resulted in injury or death to another will remain banned from the program. West Virginia becomes the 48th state to authorize an exemption from the federal law.

Search and Seizure

Colorado Supreme Court Rules Drug Dog Sniffs are a Search. The state Supreme Court ruled last week that a sniff of a car by a police drug dog constitutes a search. The case was originally about whether a drug dog trained to recognize marijuana alerting on a car would constitute grounds for a search, but the court went beyond that question, ruling that any drug dog sniff is a search, meaning police would have to have probable cause to even do the drug sniff. "The dog's sniff arguably intrudes on a person's reasonable expectation of privacy in lawful activity," Justice William Hood wrote in the majority's ruling. "If so, that intrusion must be justified by some degree of particularized suspicion of criminal activity."

Pill Testing

Colorado Governor Signs Bill Saying Pill-Testing Kits are Not Drug Paraphernalia. As part of a package of bills aimed at easing the opioid crisis, Gov Jared Polis (D) has signed into law SB19-227, which amends state law to exclude testing kits used to identify controlled substances from being considered drug paraphernalia.

Sentencing Policy

Colorado Governor Signs Bill Making Most Drug Possession Felonies Misdemeanors. Gov. Jared Polis (D) signed a major drug policy reform bill into law Tuesday aimed at prioritizing treatment over incarceration and alleviating overcrowding in state prisons. HB19-1263 lowers the penalty for most low-level drug possession offenses from a felony to a misdemeanor beginning in March 2020, and it dedicates funds to substance abuse treatment services and diversion programs. Currently, possession of any amount of a schedule I or II drug is classified as a level 4 drug felony, which is punishable by six to 12 months in prison. After HB19-1263 takes effect, possession of up to four grams of a schedule I or II drug will be classified as a level 1 misdemeanor punishable by up to 180 days in jail and up to two years of probation. The punishment increases to up to 364 days in jail for a third offense, and a fourth or subsequent offense would be a level 4 drug felony. The legislation applies the same penalty reductions to possession of more than 12 ounces of marijuana or more than three ounces of marijuana concentrate. It does not make any changes related to drug distribution offenses.

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