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Chronicle AM: ME Lawmakers Pass MJ Sales Bill, Amnesty Death Penalty Report, More... (4/12/18)

It's time to let the FDA know what you think about marijuana scheduling, Maine lawmakers pass a veto-proof pot sales bill, the Trump administration wants to drug test some food stamp recipients, Amnesty International reports on drug death penalty countries, and more.

Former Mexican President Vicente Fox calls for the legalization of opium poppy cultivation in Mexico. (Flickr/Gage Skidmore)
Marijuana Policy

FDA Accepting Public Comment on Marijuana Classification for Next Two Weeks. The Food and Drug Administration (FDA) is accepting public comment from "interested parties" regarding the classification of marijuana under the Controlled Substances Act. (CSA). The CSA places marijuana in Schedule I, a category reserved for drugs with no accepted medical use and high abuse potential. The FDA is acting now because the World Health Organization is set to review its own classification of marijuana and is seeking input from member nations, of which the US is the most influential. Public comment is open until April 23.

Former GOP House Speaker Boehner Now Supports Marijuana Legalization. Former House Speaker John Boehner (R-OH) said Wednesday he has had a change of heart regarding marijuana and will help promote marijuana legalization nationwide. He also announced that he and former Massachusetts Gov. William Weld (R) are joining the advisory board of Acreage Holdings, a national marijuana company. "I decided to get involved because of the struggles of our country's veterans and the opioid epidemic, after learning how descheduling the drug can potentially help with both crises," said Boehner.

Maine Legislature Passes Marijuana Legalization Implementation Plan by Veto-Proof Margin. After Gov. Paul LePage (R) vetoed a first effort to implement regulated and taxed marijuana commerce, the legislature has now approved a new measure to do so, this time by a veto-proof margin. The House passed the bill on Tuesday and the Senate followed on Wednesday. The bill will limit home cultivation to three plants, impose a 10% sales tax, as well as a $335 per pound tax on producers. It will also mandate that localities proactively opt-in before sales will be allowed.

Medical Marijuana

Arkansas Medical Marijuana Business Evaluations Halted after Court Ruling. The Department of Finance and Administration said Wednesday that the Medical Marijuana Commission's review of dispensary evaluations has been put on hold. The stoppage is the result of a ruling last week from a state circuit court judge that the licensing process for cultivators violated the 2016 voter-approved initiative legalizing medical marijuana. We are under an injunction that voids the method of cultivation scoring. Therefore, dispensary application review is on hold as we review the situation," Scott Hardin with DFA told KATV in Little Rock.

Drug Testing

Trump Administration Ponders Plan to Impose Drug Testing for Some Food Stamp Recipients. The administration is pondering a plan that would let states require that certain food stamp recipients undergo drug testing. The nose-under-the-tent proposal would mainly target able-bodied adults without children who apply for certain specialized job categories. That would be about 5% of all food stamp recipients. The move has long been desired by conservatives who seek ways to curb the safety net program.

International

Amnesty International Report: Four Countries Executed Drug Offenders in 2017. At least four countries executed people for drug offenses last year, Amnesty International said in a new report. Those countries are China, Iran, Saudi Arabia, and Singapore. "Despite strides towards abolishing this abhorrent punishment, there are still a few leaders who would resort to the death penalty as a 'quick-fix' rather than tackling problems at their roots with humane, effective and evidence-based policies," said Amnesty International Secretary General Salil Shetty.

Former Mexican President Calls for Legalization of Opium Production. Former Mexican President Vicente Fox called Wednesday for the legalization of opium production in the country as a means of weakening drug cartels. "The plants themselves are not harmful, we make them harmful, (especially) the criminals who use them for evil purposes," Fox said at a pro-marijuana event in the capital. Fox said legalizing poppies would curtail cartel profits and boost public safety in the violence-wracked southern state of Guerrero, which has been hit hard by prohibition-related violence in recent years. Fox also implored candidates in the July presidential election to openly debate drug legalization before the vote.

Four Ways Using Even Legal Marijuana Makes You a Second Class Citizen [FEATURE]

Marijuana is now legal in nine states constituting about one-fifth of the US population, and medical marijuana is recognized in a total of 29 states. That means people in those states can possess and use marijuana without fear of criminal prosecutions (if they have a doctor's recommendation in the medical marijuana-only states).

people enjoying marijuana (Darrin Frisby Harris/Drug Policy Alliance)
But even in legal marijuana states, pot smokers face restrictions that in effect turn them into second-class citizens, unable to do things non-drug users or users of legally sanctioned drugs, such as alcohol, can do, or somehow punished for doing them. While legalizing marijuana is a giant breakthrough, as long as marijuana users face stigma, discrimination, and worse over their choice of substances, the job is only half-done.

Here are four ways even legal marijuana users get screwed:

1. Employment Rights

You may be able to smoke pot legally, but it can still cost you your job. Even in legal marijuana states, legalization laws generally are careful not to intrude on the rights of employers to conduct drug testing for pot and to fire people who test positive -- even if they're not high or impaired at work.

Legal cases in California, Colorado, Montana, and Washington have all upheld the right of employers to fire or refuse to hire workers who test positive for marijuana even if they have a medical marijuana recommendation. But the law is rapidly evolving, and a recent case from Connecticut, a nursing home that refused to hire a medical marijuana patient after he tested positive for THC was ordered to reinstate the job offer.

A thriving economy and growing social acceptance of marijuana may also bring some solace to pot smokers. As Bloomberg noted just last month, we are now seeing a "slow decline in pre-employment drug screening," with some major employers abandoning the practice in the face of a tight job market. That trend, unsurprisingly, is being led by companies in the marijuana legal states. In Colorado, for instance, the percentage of employers using pre-employment drug tests declined from 77% in 2016 to 66% last year.

But still, if you smoked a joint on Friday night, Walmart still doesn't think you're fit to stock their shelves on Monday morning.

2. Gun Rights

If you smoke pot, you can't legally purchase or own a gun. As more states move toward legalization, the Bureau of Alcohol, Tobacco & Firearms (ATF) has clarified its Form 4473, the federal Firearms Transaction Record that purchaser must fill out to buy a gun: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" the form asks.

And just so you stoners get it, ATF has added the following language: "Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

That means marijuana users who want to legally purchase a weapon have to lie on Form 4473. And that's a federal crime. (Unlikely to be caught and prosecuted, but still.)

In August 2016, a federal appeals court upheld the ban on gun sales to medical marijuana patients. The 9th US Circuit Court of Appeals in San Francisco ruled that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.

There have been proactive efforts by law enforcement in a handful of states to, for example, order registered medical marijuana patients to turn in their guns, but those have so far been aborted in the face of loud opposition. In Pennsylvania, the state Health Department is no longer providing the names of patients to law enforcement after newspapers there reported the patients would not be able to buy firearms; in Illinois, regulators removed a rule that would have barred legal gun owners from becoming patients; and in Hawaii, police had to walk back a plan to force patients to hand in their guns.

Still, as long as the federal government maintains marijuana prohibition and as long as ATF considers marijuana a controlled substance, pot smokers' gun rights are at risk. And the NRA doesn't seem to care.

3. Parental Rights

In both medical marijuana states and full-blown legal pot states, parents have lost custody of their children over their marijuana use. Part of the problem is that marijuana remains federally illegal, turning the pot-using parent into a criminal in the eyes of courts of child protective services workers. Another part of the problem is discrimination and subjectivity about what constitutes "the best interest of the child." If a child protective bureaucracy or even an individual case worker harbors anti-marijuana sentiments, even non-problematic recreational use of pot can be used to take children from the home or deny custody to the offending parent.

Marijuana use is especially likely to pop up in divorces where custody of the child or children is contested. If your spouse griped about your pot-smoking while you were married, be prepared for him or her to try to use it against you in a nasty divorce case. Divorce attorneys warn parents facing this prospect to quit smoking pot now, well ahead of any court dates and court-ordered drug tests.

That's another way pot-smoking parents get hammered. Courts may demand onerous drug testing for months or year or require that visits with children be supervised.

Medical marijuana support groups report hundreds of cases of parents losing custody of their kids, some merely for having registered as medical marijuana patients. But there are small signs of positive change on the horizon: California's Prop 64, for instance, includes a provision saying courts can no longer rescind or restrict a parent's custodial rights solely because they have a medical marijuana recommendation.

That's a start, but we still have a long way to go before pot-smoking parents can rest easy.

4. Housing Rights

You can be kicked out of your home for using marijuana if you are poor and live in HUD, Section 8, or other federally-subsidized housing. Under a 1999 HUD Memorandum Regarding Medical Marijuana in Public Housing still in effect, any activity relating to controlled substances, including even medical marijuana, can get you evicted.

And it doesn't have to be just you. If you live in federally-subsidized housing and your grandson gets caught smoking a joint in the parking lot, you can find yourself tossed out on the street.

Even people who don't live in federally-subsidized housing face problems, especially if they live in rental housing. Landlords can prohibit tenants from using marijuana, and rental apartment industry associations typically counsel their members that "banning the use or possession of marijuana on site does not violate any landlord/tenant or fair housing laws, even when marijuana has been legalized by local ordinance or state statute." Nor, they argue, is allowing the use or cultivation of medical marijuana a "reasonable accommodation" required by law, even if it's been medically recommended.

Marijuana is increasingly legal and accepted, but the progress is uneven, and the battle to be treated like normal citizens remains unfinished.

Chronicle AM: MA Legal Pot Rules Set, New Effort to Delete HEA Drug Question, More... (3/7/18)

Bay State regulators have finalized their rules for the legal pot industry, red states are in CBD fights, the Israeli decriminalization bill advances, a new move to get rid of the HEA's drug question is set, and more.

The outline of Massaachusetts' marijuana industry has been set. (Wikimedia)
Marijuana Policy

Massachusetts Legal Pot Regulations Are Set. The state's Cannabis Control Commission voted unanimously Tuesday to finalize the rules that will govern its newly legal industry. Among the highlights: No social consumption or home delivery for now, medical marijuana dispensaries transitioning to adult sales must set aside 35% of their product for the next six months for registered patients, cultivators are capped at 100,000 square feet, and people convicted of trafficking hard drugs are essentially barred from the industry.

Wyoming Edibles Bill Advances. The House Judiciary Committee voted Tuesday to approve a bill clarifying state law that possession of marijuana edibles may be charged as a felony. Senate File 0023 was amended to make possession of more than 36 ounces of edibles a felony. The version approved earlier by the Senate set that amount at only three ounces. The bill now heads for the House floor, but will have to go back to the Senate if approved as amended. 

Medical Marijuana

Idaho Senate Vacates Controversial Vote That Killed CBD Bill. The Senate Health and Welfare Committee on Tuesday vacated Monday's vote killing a CBD cannabis oil bill, House Bill 577. The move to vacate come from committee Chair Lee Heider (R), who admitted that the vote in his office Monday violated the state's open meeting law. But it's not clear if Heider will allow another vote on the bill.

Indiana Senate Passes CBD Bill. The Senate voted Tuesday to approve House Bill 1214, which would allow for the legal purchase and sale of CBD cannabis oil. Another CBD bill, Senate Bill 52, has already passed the Senate. The two bills will likely be consolidated and debated again in conference committee.

Kentucky Medical Marijuana Bill Gets Law Enforcement Opposition. In a second day of hearings on a medical marijuana bill, House Bill 166, law enforcement stepped up to speak out against the bill. The local prosecutors' association warned allowing medical marijuana would worsen the state's drug problems; the state Narcotics Officers' Association also opposed it, citing a provision that would allow patients to grow up to 12 plants. No vote was taken.

Higher Education

New Push to End HEA Drug Provision to Get Underway. At least one Democrat on the Senate Education Committee will move to end the inclusion of a question about prior drug convictions when the Higher Education Act is reauthorized this year. About a thousand students a year lose access to financial aid because of the question, and Sen. Bob Casey (D-PA) says he will reintroduce legislation to kill it this year.

International

Israeli Knesset Gives First Approval to Pot Decriminalization Bill. A bill that would decriminalize the possession of small amounts of marijuana passed unanimously in its first reading in the Knesset Wednesday. Legalization supporter MK Tamar Zandberg (Meretz) said passing the bill marks "another important step on the road to our victory," adding that it is "far from perfect, but it is a foot in the door on the way to a policy of full legalization."

Chronicle AM: Senate Sentencing Reform Bill Under Attack, DEA Threatens SIJs, More... (2/15/18)

The Marijuana Justice Act gets a third cosponsor, the DEA threatens to go after safe injection sites, the attorney general and leading law enforcement groups target the Senate sentencing reform bill, and much, much more.

Jeff Sessions and major law enforcement groups are trying to kill the Senate sentencing reform bill. (senate.gov)
Marijuana Policy

Federal Judge Suggests He Will Defer to DEA, Congress on Rescheduling Lawsuit. At a hearing Wednesday over a lawsuit seeking to have marijuana de- or rescheduled from Schedule I of the Controlled Substances Act, US District Court Judge Alvin Hellerstein suggested he would rule in the government's favor. He dismissed plaintiffs' claims that marijuana prohibition was motivated by racism and political concerns when it was passed 80 years ago and he said he didn't think he had the authority to reschedule the drug. "The law is the law," the judge said. "I'm sworn to enforce the law."

Cory Booker's Marijuana Justice Act Gets Third Sponsor. Sen. Kirsten Gillibrand (D-NY) announced Wednesday that she had signed on as a cosponsor of Sen. Cory Booker's (D-NJ) Marijuana Justice Act (S. 1689). The bill is also cosponsored by Sen. Ron Wyden (D-OR).

Federal Bill Filed to Protect Legal Marijuana States and Businesses. Rep. Lou Correa (D-CA) has filed the Sensible Enforcement Of Cannabis Act (no bill number yet), which would essentially codify the protections for state-legal marijuana embodied in the now-rescinded Cole memo. "To date, eight states have legalized recreational cannabis, and twenty-nine states and the District of Columbia, representing more than half of the American population, have enacted legislation to permit the use of cannabis," Correa said. "Attorney General Sessions' decision to rescind the 'Cole Memo' created great uncertainty for these states and legal cannabis businesses, and put citizens in jeopardy for following their state laws."

Connecticut Legalization Bills Filed. Twenty-two lawmakers filed a marijuana legalization bill Wednesday. The bill, House Bill 5112, would authorize the retail sale and taxation of the herb. Separately, House Deputy Majority Leader Rep. James Albis (D-East Haven) filed another legalization bill, House Bill 5111. Similar bills last year failed to get a floor vote in either chamber. Both bills were referred to the Joint Committee on General Law.

Massachusetts Legalization Advocates Protest "Intimidation Campaign" Aimed at Forcing Restrictive Regulations. Legalization advocates are criticizing Gov. Charlie Baker (R) and other officials, saying they have conducted a "coordinated intimidation campaign" against the state body charged with crafting rules and regulations, the Cannabis Control Commission. In a series of letters to the commission, officials from the governor's office have raised public health and safety concerns and recommended it scale back its framework of rules. Advocates took their concerns to the State House Thursday, where they held a press conference.

New Jersey Lawmakers, Wary of Legalization, File Decriminalization Bill Instead. A bipartisan group of legislators urging caution on pot legalization has filed a bill that would decriminalize the possession of small amounts of marijuana. Senate Bill 472 would make the possession of up to 15 grams a civil offense. Gov. Phil Murphy (D) campaigned on legalizing marijuana, and legalization bills have already been filed in the Assembly and Senate.

Jackson, Mississippi, City Council Votes to Decriminalize Weed. The city council voted unanimously Tuesday to decriminalize the possession of up to 30 grams of marijuana. Violators would face no more than a $100 fine. Under current Mississippi state law, marijuana possession is illegal, so effective implementation will depend on local law enforcement discretion. The possession of any amount of marijuana can result in up to 60 days in jail, a fine of up to $250, and a litany of collateral consequences that impacts employment, housing, family and life opportunities.

Asset Forfeiture

Alabama Senate Committee Votes to End Civil Forfeiture by Police. The Senate Judiciary Committee voted Wednesday to approve a bill that would end civil asset forfeiture in the state. Senate Bill 213 would require a criminal conviction before cash or property could be seized. Senators said they expected the bill to face additional negotiations before it goes to a Senate floor vote.

Drug Testing

Wisconsin Bill to Block Employers from Testing for Marijuana to Be Filed. Rep. David Bowen (D-Milwaukee) said he plans to introduce a bill that would block employers from drug testing for THC or disqualifying people from jobs because of a drug test with positive results for marijuana. The bill would apply to both public and private sector workers, but not those operating heavy equipment. "Consuming THC weeks or months out from a job interview should not disqualify someone from finding employment any more than someone who drank a few beers on another date should be kept out of work" Bowen told the Isthmus in an email. "While I am in favor of the safe legalization and regulation of marijuana for both recreational and medicinal use, until that happens, people should not be stigmatized for using a substance whose effect on society is less negative than society's reaction to it."

Heroin and Prescription Opioids

Congressional Republicans Try to Blame Sanctuary Cities for Opioid Crisis. GOP lawmakers used a hearing of the House Judiciary Subcommittee on Immigration and Border Security to try to scapegoat sanctuary cities for the country's opioid crisis. "We have heard countless stories of sanctuary practices and the havoc they wreck on public safety, national security, and the sanctity of the rule of law," said Rep. Raúl Labrador (R-ID), the committee chair. "Our public safety and our public health are tied to eradicating opioids, which can never be accomplished when the force multiplier that is ICE is sidelined." But committee Democrats and analysts rejected the link. Rep. Pramila Jayapal (D-WA) said There was no "factual basis in connecting so called sanctuary city policies with the opioid crisis," said Rep. Pramila Jayapal (D-WA). "It would be laughable if it weren't so serious," she said. "If it weren't so hurtful to the characterization of immigrants across this country." Last month, Republicans tried to blame Obama's expansion of Medicaid for worsening the epidemic.

Harm Reduction

Trump Administration Threatens to Go After Safe Injection Sites. Several US cities are moving forward with plans to open safe injection sites, but the DEA has just fired a shot across the bow. In an interview with Buzzfeed, DEA spokeswoman Katherine Pfaff said the agency may take action against the facilities because they are federally prohibited. "Supervised injection facilities, or so-called safe injection sites, violate federal law," Pfaff said. "Any facilitation of illicit drug use is considered in violation of the Controlled Substances Act and, therefore, subject to legal action." She cited a 1980s crack house law that could be used. But in Seattle, at least, local prosecutors say they welcome a legal challenge and think they can convince the courts that public health powers are superior to criminal laws against drug dens run for profit.

New Mexico Passes Legislation to Examine Administering Pharmaceutical-grade Heroin or Other Opioids by Medical Practitioners to People Struggling with Long-term Addiction. The state House Tuesday approved House Memorial 56, which charges the Legislative Health and Human Services Committee to take testimony on supervised injectable opioid treatment as a feasible, effective and cost-effective strategy for reducing drug use and drug-related harm among long-term heroin users who have not been responsive to other types of treatment. The bill was sponsored by Rep. Deborah Armstrong (D-Albuquerque), chair of the House Health and Human Services Committee. This memorial does not need to pass the Senate or be signed by the governor.

Sentencing Reform

Attorney General Sessions Slam Senate Sentencing Reform Bill. Attorney General Jeff Sessions came out against a painstakingly cobbled-together Senate sentencing reform bill Wednesday, sparking a public food fight with Sen. Chuck Grassley (R-IA), the head of the Senate Judiciary Committee and the very face of dour Corn Belt conservatism.In a letter reported by Reuters, Sessions warned the committee not to approve the sentencing reform bill, S. 1917, claiming it would reduce sentences for "a highly dangerous cohort of criminals." Passage of the bill would be "a grave error," Sessions said. The measure is actually a mixed bag, a product of lengthy discussions among senators seeking a compromise that could actually pass the Senate. While it has a number of progressive sentencing reform provisions, mainly aimed at nonviolent drug offenders, it also includes new mandatory minimum sentences for some crimes, including some drug offenses. Those provisions provide political cover to conservatives fearful of being tagged "soft on crime," but tired of perpetuating failed drug war policies.

Police Groups Slam Senate Sentencing Reform Bill. The National Sheriffs' Association and the Fraternal Order of Police have both come out against the Senate sentencing reform bill, calling on President Trump to reject the bill and saying it will put violent drug dealers back out on the street. "Sheriffs will have to arrest most of them again at the county level and that will shift the cost and responsibility to us without fixing the underlying problems of violent crime and drug and human trafficking in the country," said a letter to Trump from the National Sheriffs' Association. "At a time when our nation is being ravaged by an epidemic of overdoses from the use of heroin and opioids, it seems at variance with common sense and sound policy to drastically reduce sentences for drug traffickers and then apply these reduced sentences retroactively," said the National Fraternal Order of Police.

Chronicle AM: MJ Rescheduling Lawsuit Hearing, IA Bill Seeks Medicaid Drug Screens, More... (2/14/18)

A legal challenge to marijuana's Schedule I status gets a hearing, some 18 senators call for protections for state-legal marijuana, Berkeley becomes a marijuana sanctuary city, and more.

Marijuana Policy

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Looking for Medicaid? You'd have to pass a drug screen first under an Iowa bill. (Wikimedia)
Marijuana Rescheduling Suit Gets Hearing Today. A lawsuit challenging the placement of marijuana in Schedule I of the Controlled Substances Act was being heard in federal court in New York City Wednesday. The suit names Attorney General Jeff Sessions and the DEA as defendants. Legal efforts to force the de- or rescheduling of marijuana have been underway since the 1970s; none have worked so far.

Bipartisan Group of Senators Call for Protections for State-Legal Marijuana. A bipartisan group of 18 senators sent a letter Tuesday to Senate Appropriations Committee Chair Thad Cochran (R-MS) and Vice Chair Patrick Leahy (D-VT) calling for protections for state-legal marijuana to be inserted into federal budget bills. "Doing so will provide the opportunity to pursue federal legislation that both protects the legitimate federal interests at stake and respects the will of the states -- both those that have liberalized their marijuana laws and those that have not," the letter said. The senators want language similar to the House's Rohrabacher-Blumenauer amendment inserted into Justice Department funding bills.

Berkeley Declares Itself a Marijuana Sanctuary City. The city council voted Tuesday to designate Berkeley as a "sanctuary city" for marijuana users. With that vote, city agencies and employees are now barred from providing information about legal marijuana use by adults or from helping to enforce federal marijuana laws. "I believe we can balance public safety and resisting the Trump administration," Mayor Jesse Arreguin (D) said at the council meeting Tuesday. "We're keeping with the strong position Berkeley is a sanctuary for people in our community."

St. Louis Aldermen Debate Lessening Pot Penalties. The city's governing body held a hearing on Alderwoman Megan Green's proposal to bar the city from expending resources to enforce marijuana laws. Public comment was overwhelmingly in favor, but some of Green's colleagues were less than enthused. No vote was taken.

Medical Marijuana

California Bill Would Provide Employment Protections for Medical Marijuana Patients. Assemblymen Rob Bonta (D-Oakland) and Bill Quirk (D-Hayward) have filed Assembly Bill 2069, which would "prohibit an employer from engaging in employment discrimination against a person on the basis of his or her status as, or positive drug test for cannabis by, a qualified patient or person with an identification card." The bill could get a hearing next month.

Iowa CBD Medical Marijuana Expansion Bill Advances. The Senate Judiciary Committee voted Tuesday to approve Senate Study Bill 3106, which would grant the state Medical Cannabidiol Board the authority to broaden the definition of medicinal CBD and to expand the list of qualifying conditions to use it. The bill now heads for a Senate floor vote.

Pennsylvania's First Dispensary Sales Begin Thursday. Gov. Tom Wolf (D) announced Tuesday that the state's first medical marijuana dispensary, in Butler County, will begin sales tomorrow. Five other dispensaries will open their doors by weeks' end, he added.

Utah House Revives, Passes Medical Marijuana Bill. Just days after it killed House Bill 197, the House brought it back and passed it Tuesday. The bill was part of a two-bill package aimed at creating a viable medical marijuana program in the state. The other bill in the package, House Bill 195, was approved last week.

Drug Testing

Iowa Bill Would Mandate Medicaid Drug Screens, Tests. Sen. Tom Greene (R-Burlington), who rode the Trump wave to office last year, has introduced Senate File 2158, which would impose special requirements on Medicaid recipients, including a requirement that if drug use is suspected, they "shall agree to participate in testing for illegal drugs."

Chronicle AM: WV "Free College" Bill Requires Drug Testing, NM MJ Init Bill Moves, More... (2/2/18)

It's a longshot, but New Mexican could get a chance to vote on marijuana legalization this fall, an Iowa bill to lower pot penalties advances, so does a New Jersey hemp bill, and so does a West Virginia bill that would make community college free -- but only if students first pass drug tests.

Marijuana Policy

Florida Legalization Initiative Comes Up Short on Signatures. Regulate Florida, the group behind an effort to put a marijuana legalization initiative on the November ballot, says it doesn't have nearly enough signatures to qualify this year. The group needed 300,000 signatures to qualify, but has only gathered 40,000. The group says it is now eyeing 2020.

Iowa Bill to Reduce Marijuana Penalties Advances. The Senate Judiciary Committee approved a bill lowering the penalties for the possession of small amounts of marijuana. Senate File 432, sponsored by Sen. Brad Zaun (R-Urbandale) would classify a first offense for possession of five grams or less of marijuana as a simple misdemeanor, punishable by no more than 30 days in jail and a fine of $625.

New Mexico Legalization Initiative Bill Advances. The Senate Rules Committee on Friday approved Senate Joint Resolution 4, which if passed by the legislature would place the question of marijuana legalization before the voters in November. But there are only two weeks left in the session, and the bill must still get through the Senate Judiciary Committee, the full Senate, and the House before then.

Oregon US Attorney Holds Summit on Pot Surplus, Issues Subtle Threat. Oregon US Attorney Billy Williams convened a marijuana summit Friday with state, law enforcement, and tribal and industry leaders about how to address what he says is surplus marijuana that has ended up in the black market. He also warned that how state actors address this issue could influence his prosecutorial decisions: "I have significant concerns about the state's current regulatory framework and the resources allocated to policing marijuana in Oregon," Williams wrote in The Oregonian, adding that the summit and the state's response to his concerns would "inform our federal enforcement strategy."

Medical Marijuana

Kentucky Sees a Second Medical Marijuana Bill. Sen. Stephen West (R-Paris) has filed Senate Bill 118, which would allow patients with certain specified medical conditions to use any form of marijuana. A companion bill has been filed in the House. Last month, Democratic Secretary of State Allison Grimes filed another medical marijuana bill, House Bill 166.

Texas Sees First Delivery of CBD Cannabis Oil to Patient. A six-year-old boy suffering from epilepsy became the first patient in the state to receive CBD cannabis oil Thursday -- more than two years after Gov. Greg Abbott (R) signed a law legalizing its use. The delivery came from Knox Medical in Schulenburg.

Hemp

New Jersey Hemp Bill Advances. The Assembly Agriculture Committee voted Thursday to approve a bill that would allow farmers to grow hemp. The measure, Assembly Bill 1330, is sponsored by Assembly Majority Leader Reed Gusciora (D-Mercer County).

Drug Testing

West Virginia Bill for Free Community College Would Require Drug Testing of Students. The state Senate voted unanimously Tuesday to approve Senate Bill 284, which would create a benefit to cover community college education costs not covered by Pell grants or other student aid. But there is a catch: Prospective students would have to pay for, take, and pass, a drug test before they would be eligible. The bill now goes to the House.

Chronicle AM: Trump Touts "Very Harsh" Drug Policies, CA Marijuana "Sanctuary State" Bill, More... (1/8/17)

A California lawmaker revives his marijuana sanctuary state bill, President Trump lauds "very harsh" drug policies, Mexico's prohibition-related violence continues, and more.

President Trump seems to have a soft spot for "very harsh" drug policies and those who implement them. (Wikimedia/Gage Skidmore)
Marijuana Policy

San Francisco Begins Legal Adult Marijuana Sales. The city by the bay joined the legal recreational marijuana sales era last Saturday, as the Apothecarium on Market Street opened its doors to a line around the block. Sales in the state began on January 1 in locations where permits and licenses had been issued, but San Francisco wasn't quite ready on day one. Now it is.

California Bill Would Make State a Marijuana Sanctuary State. In the wake of US Attorney Jeff Sessions' announcement last week that he was rescinding Obama-era guidance to federal prosecutors to leave state law-abiding pot businesses alone, Assemblyman Reggie Jones-Sawyer (D-Los Angeles) is renewing efforts to pass a bill he filed last year, Assembly Bill 1578. Modeled on the state's law making it a sanctuary for undocumented immigrants, the measure would prevent state and local law enforcement agencies from helping the DEA target the state's marijuana industry without a federal court order. The bill passed the Assembly last year before being stalled in the Senate.

Medical Marijuana

Pennsylvania Okays First Dispensary. State regulators announced last Thursday that they had approved the state's first dispensary to begin selling medical marijuana once it becomes available from a licensed grow. The Keystone Canna Remedies dispensary in Bethlehem was the first out of the gate. The dispensary will open later this month for educational workshops and registration assistance, but doesn't expect to have product on hand until mid-February. Regulators said they expected more dispensaries to open in coming weeks.

Heroin and Prescription Opioids

Ohio Lawmaker Wants to Automatically Jail Parolees, Probationers Who Fail Drug Tests for Illicit Opioids. State Rep. Niraj Antani (R-Miami Valley) has proposed a bill that would automatically jail probationers or parolees who test positive for heroin, fentanyl, or carfentanil. The bill would also allow an option for treatment, but Antani said there are not enough treatment facilities and "until that time, jail is simply the safest place for someone to detox and to be safely placed if they are using heroin and fentanyl." The bill is not yet available on the legislative website, but some of Antani's other bills are, including one that says police body camera footage is not a public record and another that would toughen the requirements for getting initiatives on the ballot and for passing them.

Collateral Consequences

Indiana Bill Would End Food Stamp Ban for Drug Felons. State Sen. Mike Bohacek (R-Michiana Shores) has filed Senate Bill 11, which would lift a ban on residents with drug felony convictions from receiving Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). The ban derives from a federal law, but that law allows states to exempt themselves from using it, and a majority of states have done so. Under Bohacek's bill, drug felons who had completed probation or parole would be eligible.

Drug Policy

Trump Says Countries That Are "Very Harsh" on Drug Policy Do Better. Speaking at a Camp David press conference last Saturday, President Trump appeared to give a big thumbs up to drug war criminals such as Philippines President Rodrigo Duterte by saying countries that are "very harsh" on drug policy have fewer difficulties curbing the problem. His remarks came as he addressed the opioid crisis in the US. "We are going to do everything we can," said Trump. "It's a very difficult situation, difficult for many countries. Not so difficult for some, believe it or not, they take it very seriously, they're very harsh, those are the ones that have much less difficulty. But we are going to be working on that very, very hard this year, and I think we're going to make a big dent into the drug problem."

Harm Reduction

Maine's Tea Party Governor Blocks Easy Access to Overdose Reversal Drug. Gov. Paul LePage (R) continues to block new rules that would allow state residents to obtain the opioid overdose reversal drug naloxone (Narcan) without a prescription. The state Board of Pharmacy unanimously approved letting pharmacists dispense the lifesaving drug without a prescription in August, but ever since, the plan has been stalled, with the rules still at the governor's office pending review. LePage spokeswoman Julie Rabinowitz confirmed as much last Friday, but declined to offer any timeline or explanation regarding the delay. LePage vetoed a naloxone bill in 2016, only to be overridden by the legislature.

International

More Than 30 Killed in Mexico Drug Clashes. At least 32 people were killed in less than 24 hours late last week in the northern state of Chihuahua as rival drug gangs battled each other. The killings appear related to a dispute between La Linea, enforcers for the Juarez Cartel, and La Gente Neva, enforcers for the Sinaloa Cartel. At least seven were reported killing in Chihuahua City, with most of the others being killed in Ciudad Juarez. Among the dead were at least five women and children.

Chronicle AM: Trump Administration Wants Expanded Unemployment Drug Testing, More... (1/3/18)

The Trump Labor Department is moving to expand drug testing of people seeking unemployment benefits, Bangladeshi officials calls for drug addicts to be shot on sight, and more.

Marijuana Policy

Delaware Legalization Bill to Be Rewritten to Gain Passage, Sponsor Says. State Rep. Helene Keeley (D-South Wilmington), a lead sponsor of the legalization bill, House Bill 110, said Wednesday that the bill is being rewritten in a bid to ensure passage. Her comments came after the final meeting of Adult Use Cannabis Task Force, which has been studying how to tax and regulate marijuana in the state. The task force's final report, which could bolster Keeley's efforts, is due out at the end of February.

Medical Marijuana

Indiana Medical Marijuana Bill Filed. Rep. Jim Lucas (R-Seymour) has filed a medical marijuana bill, House Bill 1106, which would create a full-fledged medical marijuana program in the state. The bill is not yet available on the legislative web site.

Drug Testing

Trump Administration Looks to Expand Unemployment Drug Testing. The Labor Department has indicated it wants to widen the number of occupations that can drug test for unemployment. A 2016 Obama era rule limited testing to certain types of occupations, such as public transit drivers, pilots, and professions that require the use of firearms, but the Labor Department wants to redefine and expand the range of occupations for testing.

International

Bangladesh Minister Says Drug Addicts Should Be Shot on Sight. Bangladeshi Primary and Mass Education Minister Mostafizur Rahman has taken a page from the book of Philippines President Rodrigo Duterte and called for the killing of drug users. He also compared drug use to terrorism and claimed it was worse: "Some people say that drug abuse may be far worse a problem than militancy. They are right -- drug abuse is more menacing than militancy, because militancy can be eradicated one day. If I were the home minister, I would have eliminated drug addiction, and the only way to do it is to adopt the 'shoot at sight' policy against drug addicts," he said while addressing the 28th founding anniversary program of the Department of Narcotics Control at Tejgaon area in Dhaka on Tuesday. He added that such a policy would only be necessary in a handful of localities, which would serve as an example.

Chronicle AM: WI Dem Governor Contender Rips Walker on Food Stamp Drug Tests, More... (12/13/17)

The Hartford, CT, city council says legalize it, a Wisconsin Democratic gubernatorial canddate attacks Scott Walker over food stamp drug testing, Colombia meets coca eradication goals, and more.

Gov. Walker wants Wisconsin to be the first state in the country to drug test food stamp recipients. (Creative Commons)
Marijuana Policy

Hartford, CT, City Council Calls for Legalizing and Taxing Marijuana. The city council voted unanimously Monday night to approve a resolution calling for the legalization and taxation of marijuana. The resolution also calls on the city to conduct an economic impact study and hold public hearings on the issue, as well as measures to "ensure racial equity in ownership and employment."

Drug Testing

Wisconsin Democratic Governor Candidate Rakes Walker on Food Stamp Drug Testing. Democratic gubernatorial contender Matt Flynn slammed Gov. Scott Walker's (R) plan to impose drug screening and testing on food stamp recipients Tuesday: "I condemn this in the strongest terms. First, it is hypocritical. Walker and his Republican allies claim to be against intrusive big government, but there has never been a more intrusive, big-government administration in our state's history," he said. "Second, this is foolishly wasteful of our state's limited resources. By the administration's own admission, fewer than one-third of one percent of all food stamp recipients will likely be identified as drug users. Numerous states have passed similar 'reforms' and have actually found that recipients of these programs test positive at a lower rate than the general population. These 'reforms' always cost more money than they save. Third, and most importantly, this policy is offensive in the extreme. It demeans people experiencing poverty. It is unconscionable."

Law Enforcement

Kansas Couple Whose Home Was Raided in Bungled Marijuana Search Loses Lawsuit. The couple, a pair of former CIA employees who were growing tomato plants hydroponically, were raided by Johnson County sheriff's deputies searching for marijuana. Deputies zeroed in on the couple after spotting them at a hydroponics store, then searched their trash and mistook discarded tea leaves for marijuana leaves. The couple sued, alleging deputies violated their Fourth Amendment rights, but a federal jury disagreed. The couple says they will appeal.

International

Colombia Says It Met Coca Eradication Deadline, Hints at Shift to Crop Substitution. Colombian Defense Minister Luis Carlos Villegas said the country had eradicated some 125,000 of coca planting ahead of a deadline agreed to with the US. He said the target for forced eradication next year would decline to 100,000 acres. This year's forced eradication program was five times larger than last years' and led to clashes between troops, eradicators, and growers that left at least ten coca farmers dead.

(This article was prepared by StoptheDrugWar.org's lobbying arm, 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.)

Chronicle AM: OR Magic Mushroom Init Coming in 2020, MI MedMJ Rules Set, More... (12/5/17)

A proposed Oregon initiative would legalize psilocbyin for medicinal use, Michigan regulators release emergency medical marijuana rules in the nick of time, Wisconsin takes another step toward drug testing welfare and job training participants, and more.

A proposed Oregon initiative would legalize psilocybin for medical use. (Creative Commons)
Medical Marijuana

Michigan Releases Medical Marijuana Business Rules. The state Department of Licensing and Regulatory Affairs has released emergency rules governing medical marijuana facilities with just two weeks to go before the Bureau of Medical Marijuana Regulation begins taking applications. "The emergency administrative rules are designed to preserve patient protections and provide them with access to safe medical marihuana," said Bureau of Medical Marihuana Regulation Director Andrew Brisbo. "These rules also allow growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements."

Psychedelics

Oregon 2020 Initiative Would Legalize Psilocybin Mushrooms. A husband and wife team calling themselves the Oregon Psilocybin Society are working on putting a psilocybin legalization initiative on the state's 2020 ballot. The measure doesn't call for legal recreational use, but would create a highly regulated system to allow use for medical purposes. Next door in California, a similar initiative aimed at 2018 would legalize magic mushrooms.

Drug Testing

Wisconsin Governor Approves Plan to Drug Test Welfare, Job Training Participants. Gov. Scott Walker (R) has approved a plan to implement drug screening for able-bodied adults participating in the FoodShare Employment and Training (FSET) program, sending the rule change measure to the State Legislature for review. The rule is part of the policy amendments included in 2015 Wisconsin Act 55. The legislature now has 120 days to review the measure. Once approved by the legislature, it will become effective the first day of the following month.

International

Leading Mexican Presidential Candidate Suggests Amnesty for Drug Cartel Kingpins. Leading presidential contender Andres Manuel Lopez Obrador has caused controversy by suggesting that he is open to amnesty for drug cartel leaders as part of a dialog aimed at ending that violence that has seen an estimated 200,000 people killed in the last decade. "If it is necessary… we will talk about granting amnesty so long as the victims and their families are willing," he said. "We'll propose it. I'm analyzing it. What I can say is that we will leave no issue without discussion if it has to do with peace and tranquility." Lopez Obrador currently has a more than 10-point lead in presidential polls, and his foes in the political and business classes are trying to use the remarks against him.

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