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Chronicle AM: Federal MJ Banking Bill Filed, More Workers Test Positive for Drugs, More... (5/18/17)

Marijuana policy continues to motivate members of Congress, a leading drug testing firm reports that positive worker drug tests are on the rise, Maryland's first medical marijuana cultivator gets final approval to grow, and more.

Racially charged cartoon from Philippines newspaper attacking Dr. Carl Hart, who criticized the Philippines drug war.
Marijuana Policy

Bipartisan Senate Bill to End Federal Marijuana Banking Ban Filed. Eight US senators running the gamut from Rand Paul (R-KY) on the right to Cory Booker (D-NJ) on the left filed a bill to block federal regulators from punishing financial institutions for doing business with state-legal marijuana-related businesses. The bill is not yet available on the congressional web site.

Lawmakers Push Federal Legalization Bill. US Rep. Thomas Garrett (R-VA) and allies held a Capitol Hill press conference on Wednesday to try to gain some momentum for Garrett's Ending Federal Marijuana Prohibition Act (Senate Bill 1227), which was introduced in February but has gone nowhere so far. Garrett said that he had enthusiastically prosecuted marijuana offenders, but grew tired of "creating criminals out of people who otherwise follow the law." Joining Garrett was another of the bill's 11 cosponsors, Rep. Tulsi Gabbard (D-HI), who said "the question before us is not whether you think marijuana use is good or bad, or how you feel about this issue, but whether we should be turning people into criminals."

Medical Marijuana

Maryland Regulators Grant First Medical Marijuana Grow License. More than four years after the state approved medical marijuana, the state Medical Cannabis Commission voted unanimously Wednesday to grant final approval to the first firm licensed to grow medical marijuana, ForwardGro in Anne Arundel County. "A new industry in Maryland has been launched," said Patrick Jameson, executive director of the commission. "They can start to grow immediately." Fifteen companies were granted preliminary licenses last year, but none of the others have been granted final approval yet.

Drug Testing

Drug Testing Firm Reports Workers' Positive Tests at 12-Year High. Drug testing firm Quest Diagnostics reported Wednesday that 4.2% of drug tests among the US workforce came back positive, the highest rate since 2004, when it hit 4.5%. The firm reported increases in positive results for marijuana, cocaine, and methamphetamine, but heroin remained unchanged. "This year's findings are remarkable because they show increased rates of drug positivity for the most common illicit drugs across virtually all drug test specimen types and in all testing populations," said Barry Sample, senior director of science and technology for Quest Diagnostic Employer Solutions.

International

DPA's Dr. Carl Hart Gets Death Threats, Insults for Speaking Out Against Duterte's Drug War.Neuroscientist and Drug Policy Alliance board member Dr. Carl Hart cut short a visit to the Philippines last week after his remarks challenging Philippines President Rodrigo Duterte's bloody war on drugs, his assertion that methamphetamine use "shrinks the brains," and his openness about his own drug use resulted in hostile ridicule from the president, a racist cartoon in a Manila-based newspaper, and death threats on social media.

Chronicle AM: VT Lawmakers Pass Legalization, Sessions May Restart Harsh Drug War, More... (5/10/17)

A bill legalizing the possession and cultivaiton of small amounts of marijuana has passed the Vermont legislature, Attorney General Sessions could be on the verge of reinstating harsh drug war prosecution practices, Mexico's drug violence is on the upswing, and more.

The Vermont legislature made history today becoming the first to have both houses approve a legalization bill. (Wikimedia)
Marijuana Policy

Vermont Legislature Passes Legalization Bill. The state becomes the first in the nation to have both chambers of the legislature approve a marijuana legalization bill after the House voted on Wednesday to approve Senate Bill 22, a compromise between a House bill that would only legalize possession and cultivation -- not commerce -- and a Senate bill that envisioned a full-blown tax and regulate law. This bill postpones the effective date of personal legalization to next year and creates a commission to study whether to advance on taxation and regulation. The bill has already passed the Senate and now heads to the desk of Gov. Phil Scott (R). It is unclear whether Scott will sign the bill or not.

Medical Marijuana

Texas Medical Marijuana Bill Dies. Despite the strongest support yet in Austin, the fight to pass a medical marijuana bill is over. House Bill 2107 is dead, killed by the House Calendars Committee, which failed to take action on it by a Tuesday deadline.

Asset Forfeiture

Iowa Governor Signs Asset Forfeiture Reform Bill. Gov. Terry Branstad (R) on Tuesday signed into law Senate File 446, which requires a criminal conviction before property valued at less than $5,000 can be seized by police. The new law also raises the standard of proof from a preponderance of the evidence to "clear and convincing" evidence, and implements record-keeping requirements.

Drug Policy

Attorney General Sessions Could Bring Back Harsh Drug War Prosecutions. Sessions is reviewing policy changes that could reverse Obama era sentencing practices aimed at reducing the federal prison population. According to reports, Sessions could be on the verge of reversing an Eric Holder memo that instructed prosecutors to avoid charging low-level defendants with crimes carrying the most severe penalties and to avoid seeking mandatory minimum sentences. "As the Attorney General has consistently said, we are reviewing all Department of Justice policies to focus on keeping Americans safe and will be issuing further guidance and support to our prosecutors executing this priority -- including an updated memorandum on charging for all criminal cases," Ian Prior, a department spokesman, in a statement to The Washington Post.

Drug Testing

Labor Department Removes Obama Rule Blocking States' Drug Testing for Unemployment Benefits. The department will publish in the Federal Register on Thursday notice that it is officially removing the Obama era rule that limited states' ability to force unemployment applicants to undergo drug testing. Congress had repealed the rule under the Congressional Review Act in March.

International

Irish Senators Approve Supervised Injection Sites. The Seanad on Wednesday approved legislation permitting the creation of supervised injection sites with a bill that will allow for the preparation and possession of drugs on such premises. The measure was approved by the lower house, the Dail, in March.

Mexico's Drug War Was World's Second Deadliest Conflict Last Year. Some 23,000 people were killed in prohibition-related violence in Mexico last year, making the country second only to Syria in terms of lives lost to conflict. About 50,000 were reported killed in the Syrian civil war in 2016. The numbers come from an annual survey of armed conflict from the International Institute for Strategic Studies. "The wars in Iraq and Afghanistan claimed 17,000 and 16,000 lives respectively in 2016, although in lethality they were surpassed by conflicts in Mexico and Central America, which have received much less attention from the media and the international community," said Anastasia Voronkova, the editor of the survey. Last year's toll is a dramatic increase from the 15,000 conflict deaths in Mexico in 2014 and the 17,000 in 2015. "It is noteworthy that the largest rises in fatalities were registered in states that were key battlegrounds for control between competing, increasingly fragmented cartels," she said. "The violence grew worse as the cartels expanded the territorial reach of their campaigns, seeking to 'cleanse' areas of rivals in their efforts to secure a monopoly on drug-trafficking routes and other criminal assets."

Colombian Coca Production More Than Triples. Thanks largely to "perverse incentives" linked to the end of the decades-long conflict between the Colombian state and the FARC, Colombia is growing more coca than ever. As a result, the cocaine market is saturated, prices have crashed, and unpicked coca leaves are rotting in the fields. "We've never seen anything like it before," said Defense Minister Luis Carlos Villegas. The country produced a whopping 710 tons of cocaine last year, up from 235 tons three years earlier.

Chronicle AM: Trump Signs Unemployment Drug Test Bill, WVA MedMJ Bill House Vote, More... (4/3/17)

President Trump signs a bill that will expand the drug testing of people seeking unemployment benefits, the West Virginia House is taking up medical marijuana, Colorado legislators have crafted a plan to deal with any federal attack on recreational marijuana, and more.

President Trump has signed a bill undoing Obama administration rules limiting unemployment drug testing. (Wikimedia)
Marijuana Policy

Colorado Bill Seeks to Avoid Thwart Possible Fed Crackdown by Classifying Legal Marijuana as Medical. In what the Associated Press called "the boldest attempt yet by a US marijuana state to avoid federal intervention in its weed market," the legislature is considering Senate Bill 17-192. The bill would allow retail marijuana licenses to be transferred into medical marijuana licenses. The measure has already passed out of the Senate Business, Labor, and Technology Committee and the Senate Finance committee and has a hearing before the Senate Appropriations Committee on Thursday.

Michigan Hash Bash Draws 10,000+. Ann Arbor's annual celebration of marijuana drew the largest crowd in years this past weekend, with more than 10,000 people showing up to light up and voice support for marijuana legalization. Michigan nearly became the first Midwest state to put legalization to a vote last year -- coming up just short on signature gathering -- and activists there are vowing to try again in 2018.

Kansas City Voters to Decide on Decriminalization Tomorrow. Residents of Kansas City, Missouri, will vote Tuesday on whether to approve the Question 5 decriminalization ordinance. Under the proposal, people 21 and over caught with less than an ounce would face no more than a $25 ticket.

Wichita Pot Defelonilization Initiative Campaign Getting Underway. Wichita activists hope the second time is the charm. A successful 2015 defelonization initiative was stuck down by the state Supreme Court on a technical issue. Now, the activists say they are preparing a new campaign to put the issue on the August municipal ballot. Under their proposal, small-time pot possessors would face a misdemeanor charge and a maximum $50 fine.

Medical Marijuana

Arkansas Governor Signs a Dozen Medical Marijuana Bills. Gov. Asa Hutchinson has signed into law a dozen bills aimed at regulating the state's voter-approved medical marijuana law. Bills that actually modified the law required a two-thirds majority in both houses of the legislature. For a complete list of the bills and what they do, click on the link.

West Virginia Medical Marijuana Bill Gets House Hearing Today. After a delay over the weekend at the request of House Judiciary Committee Chairman John Shott, the House is taking up the medical marijuana bill, Senate Bill 386, today. Shott was expected to introduce an amendment during today's hearing before a vote is taken.

Drug Testing

Trump Signs Unemployment Drug Testing Bill Into Law. President Trump last Friday signed into law a bill sponsored by Sen. Ted Cruz (R-TX) that will allow states to expand the pool of unemployment benefits applicants who can be drug tested. The bill undid an Obama administration rule that limited unemployment drug testing to professions where drug screenings are the norm. The bill passed Congress with no Democratic support in the Senate and only four Democrats in the House.

Harm Reduction

JAPA Issue Focuses on Naloxone. The March-April issue of the Journal of the American Pharmacists Association is devoted to the opioid overdose reversal drug naloxone. It contains nearly 30 letters, research reports and research notes on issues related to pharmacists and naloxone. The articles appear to be all open access, too. Click on the link to check 'em out.

Chronicle AM: AZ Init Would Legalize All Drugs, DE Legal MJ Bill Coming, More... (3/24/17)

An Arizona initiative would legalize all drugs, Delaware will see a marijuana legalization bill this year, a West Virginia medical marijuana bill advances, and more.

A Spanish court has refused to convict a man of drug trafficking for importing coca leaf. (YouTube)
Marijuana Policy

Arkansas Attorney General Rejects Marijuana Legalization Initiative Proposal. Attorney General Leslie Rutledge has rejected a proposed marijuana legalization initiative, saying the ballot title is ambiguous and that "a number of changes or additions" are needed "to more fully and correctly summarize" the proposal. The initiative came from Larry Morris of West Fork and would allow for the possession, cultivation, production, distribution, and sale of marijuana in the state.

Delaware Legalization Bill Coming. State Sen. Margaret Rose-Henry (D-Wilmington) is preparing a marijuana legalization bill that she says has support from law enforcement. "Law enforcement wants this bill. I'm pleased to tell you that there are police officers who think this is a good thing that we are going to reduce their having to arrest people who don't need to be arrested," said Rose-Henry. She is currently putting the finishing touches on the bill, she said.

Tennessee House Approves Bill to Undo Nashville's Decriminalization. The House on Thursday approved a bill that would take away Nashville's ability to issue civil citations for small amounts of marijuana instead of arresting people for it. House Bill 173 passed the House 65-28 and now goes to the Senate.

Medical Marijuana

Arkansas Senate Passes Two Medical Marijuana "Fix" Bills. The state Senate on Thursday approved two bills aimed at modifying the state's voter-approved medical marijuana law. The Senate approved House Bill 1400, which would ban the smoking of marijuana anywhere tobacco smoking is banned. That bill now goes to the governor's desk. The Senate also approved Senate Bill 721, which would require dispensaries to appoint a pharmacist director who would be available for consultations with patients during hours the dispensary is open. That bill now heads to the House.

Colorado Patient Plant Limit Rises to 24 as Bill Advances. A bill aimed at limiting marijuana home grows has been amended -- again -- in the House Judiciary Committee. In a Wednesday vote, the committee approved raising the plant limit under House Bill 1220 to 24 plants. The bill had originally set the number at 12, but lawmakers then upped the count to 16, and now 24 -- if patients register with the state. The bill now heads for a House floor vote.

West Virginia Medical Marijuana Bill Advances. The Senate Health and Human Resources Committee voted Friday to approve Senate Bill 386, the West Virginia Medical Cannabis Act. The bill would create a system of regulated cultivation sites and dispensaries and allow the use of medical marijuana by persons suffering from a list of qualifying conditions. The bill now heads to the Senate Judiciary Committee.

Industrial Hemp

West Virginia Hemp Bills Head for Floor Votes. Both the House and the Senate sent hemp-related measures to floor votes in their respective chambers Wednesday. The Senate Agriculture Committee advanced Senate Resolution 35, which calls on Congress to distinguish between hemp and marijuana by THC threshold. Meanwhile, the House Judiciary Committee advanced House Bill 2453, which would allow the state agriculture commissioner discretion to issue commercial hemp production licenses.

Drug Policy

Arizona Groups Files Initiatives to Legalize Marijuana, All Drugs. An organization called RAD Final has filed a pair of initiatives relating to drug policy. Initiative I-13-2018 would legalize all drugs and forbid government from taxing or regulating them, while I-14-2018 would legalize marijuana alone. Initiative organizers would have to gather 150,642 valid voter signatures for each initiative by July 2018 to qualify for the 2018 ballot.

Drug Testing

West Virginia Employee Drug Testing Bill Advances. A bill that would let employers require employees to undergo suspicionless drug tests passed the House of Delegates on Thursday. House Bill 2857. The bill now goes to the Senate.

International

Spanish Court Acquits Man of Importing Coca Leaf. The provincial court of Girona has acquitted a Colombian man of drug trafficking charges for importing coca leaf. The decision came after the defense presented evidence and testimony about the historical, cultural, social and medicinal value of the coca leaf.

Chronicle AM: Philippines Prez in Hot Seat Over Drug War, WV Legalization Bill, More... (3/16/17)

The Philippines' bloody-handed president is facing harsh criticism as the UN Commission on Narcotic Drugs meets in Vienna, West Virginia gets a marijuana legalization bill, New York City Mayor Bill de Blasio rolls out a plan to fight opioid addiction and overdoses, and more.

Filipino President Rodrigo Duterte is under attack at home and abroad over drug war abuses. (The Fix)
Marijuana Policy

West Virginia Legalization Bill Filed. Delegate Sean Hornbuckle (D-Cabell County) introduced House Bill 3035 Tuesday. The bill would tax and regulate marijuana like alcohol. It has been sent to the House Health and Human Resource Committee. If it gets through there, it must then go to the House Judiciary Committee before heading for a House floor vote.

Medical Marijuana

Arkansas Bill to Ban Edibles, Public Smoking Wins Committee Vote. A bill that would bar medical marijuana patients from consuming edibles or from smoking their medicine in public was approved Wednesday by the House Rules Committee. But the measure, House Bill 1400, faces an uphill battle to win final approval because any changes to the voter-approved medical marijuana law require a two-thirds vote to pass.

Massachusetts Bills Would Protect Patients' Employment Rights. Even as the state Supreme Court Thursday heard a case on employment rights for medical marijuana patients, two bills alive in the state legislature would do just that. Rep. Frank Smizik (D-Brookline) has introduced House Bill 2385, which would explicitlyprotect the rights of a medical marijuana patient to use the drug without facing discrimination in hiring, firing or terms of employment. The bill would also protect medical marijuana patients from discrimination in education, housing and child welfare and custody cases. That bill is currently before the Committee on Marijuana Policy. A similar bill was filed last sessions, but didn't pass. A second bill, House Bill 113, is aimed mostly at updating state law to bring it in line with the Americans With Disabilities Act, but one provision clarifies that employers cannot take adverse employment action against someone for using medical marijuana. That bill is before the Joint Committee on Children, Families, and Persons with Disabilities.

Nebraska Medical Marijuana Bill Gets Charged Hearing. At a hearing in the Judiciary Committee Wednesday, law enforcement, the state attorney general's office, and the state's top doctor all came out in opposition to a medical marijuana bill, Legislative Bill 622, but legislators also heard emotional testimony in favor of the bill from Army veterans and others who said they would benefit from access to medical marijuana. Five of the bill's sponsors sit on the eight-member Judiciary Committee, so the bill is likely to make it to a House floor vote, where opposition has killed similar measures in past years.

Heroin and Prescription Opioids

New York City Mayor Reveals Plans to Fight Opioid Addiction. Mayor Bill de Blasio said Monday that the city planned to spend as much as $38 million a year on a broad array of measures aimed at reducing opioid addiction and overdoses. Among the measures mentioned were expanded methadone and buprenorphine treatment, the distribution of the overdose reversal drug naloxone to all 23,000 city patrol officers, a focus on city hospitals on dealing with addiction and overdoses, and increased prosecution of opioid dealers. De Blasio mentioned outreach, treatment, and law enforcement, but not harm reduction.

International

Bolivia Says It Does Not Need US or European Help to Fight Drug Trafficking. Bolivian Vice President Alvaro Garcia Lima said Wednesday that his country doesn't need help or advice from the US or Europe on its coca policies or its fight with drug traffickers. "We fight against drug trafficking with Bolivian money, we do not depend on the European Union (EU) to fight against drug trafficking. Before when we depended on the United States, Bolivia received about USD $100 million. We have set aside that aid," he said. Garcia Lima's remarks came in response to European Union criticism of a new Bolivian law nearly doubling legal coca cultivation. The EU suggested that perhaps its aid to Bolivia should be "refocused." Garcia Lima retorted that Bolivia is "not begging money" from the EU.

Philippines Vice-President Condemns Duterte's Drug War. In an interview with Time magazine ahead of a speech set for Thursday at the Commission on Narcotic Drugs in Vienna, Philippine Vice President Leni Robredo condemned President Rodrigo Duterte's bloody drug war and said she was "inspired" by growing opposition to it. She also said she was "encouraged" that the international community is speaking out. "We hope that in the next few months we, together with the international community, can convince the current administration to focus its efforts in ending human-rights violations and extrajudicial killings," she said. "In addition, let us work together to strengthen the existing accountability mechanisms in the Philippines in order for us to have those responsible brought to justice. We hope that we can persuade the administration to concentrate more on the bigger war we are facing -- the war on poverty."

Philippines Lawmaker Files Impeachment Complaint Against Duterte, Cites Drug War Killings. Philippines Rep. Gary Alejano has filed an impeachment complaint against President Rodrigo Duterte, calling for his removal for high crimes, abuses of power, and betrayal of public trust. The complaint lists drug-related murders, the operation of death squads while Duterte was mayor of Davao City, and conflicts of interest among the impeachable offenses. Pro-Duterte lawmakers said the complaint "will not fly," but Alejano was undaunted. "Our goal with this complaint is to be a vehicle for Filipinos to have a voice to oppose and fight against the abuses and crimes of President Duterte," Alejano told a televised news conference. "We know it's an uphill battle... but we believe that many will support this."

Chronicle AM: US Senate Okays Unemployment Drug Testing, NM Decrim Advances, More... (3/15/17)

The US Congress has voted to allow states to force drug tests on people seeking unemployment benefits, decriminalization bills get filed in Florida and advance in New Mexico, another mass grave is uncovered in Old Mexico, and more.

A bill that would decriminalize small-time marijuana possession is moving in Santa Fe. (irin.org)
Marijuana Policy

Florida Decriminalization Bills Filed. A pair of lawmakers have filed identical decriminalization bills. Rep. Carlos Guillermo Smith (D-Orlando) filed House Bill1403, while Sen. Jeff Clemens (D-Lake Worth) filed Senate Bill1662. Under the bills, possession of up to an ounce would be decriminalized, with a maximum $100 fine. Under current law, possession of up to an ounce is punishable by up to a year in jail and/or a $1,000 fine.

New Mexico Decriminalization Bill Advances. A bill that would decriminalize the possession of up to a half ounce of marijuana has passed out of the House Consumer and Public Affairs Committee and now faces only one more vote in the House Judiciary Committee before heading to the House floor. The measure, Senate Bill 258, has already passed the Senate.

Heroin and Prescription Opioids

Washington State Bill Would Force Heroin and Opioid Users into Treatment. State Sen. Steve O'Ban (R-University Place) has filed a bill that could force opioid users into involuntary drug treatment by declaring them "gravely disabled" under the Involuntary Treatment Act. The measure, Senate Bill 5811, had a hearing Tuesday in the Senate Committee on Human Services, Mental Health, and Housing, but no vote was taken, and O'Ban said he didn't think the bill was going anywhere this year.

Asset Forfeiture

Mississippi Governor Signs Civil Asset Forfeiture Reform Bill into Law. Gov. Phil Bryant (R) Monday signed into law House Bill 812, under which state law enforcement agencies will have to report their seizures, create a searchable website for seizure information, and submit civil seizure warrants to judges within 72 hours. The new law doesn't end civil asset forfeiture in the state, but advocates said "it's a start."

Drug Testing

Senate Votes to Allow States to Drug Test People Seeking Unemployment Benefits. The Senate voted 51-48 along party lines to roll back an Obama-era regulation that blocks states from demanding drug tests of people seeking unemployment benefits. Under a 2012 law, states can only drug test individuals applying for unemployment benefits if they were previously fired for drug use or work in jobs for which workers are regularly drug tested. The Obama rule specified a list of jobs that could be included under the law. The measure has already passed the House, and President Trump is expected to sign it.

International

Mass Grave Discovered in Mexico's Veracruz. Searchers have uncovered a series of mass graves on the outskirts of the city of Veracruz where scores, if not hundreds, of people believed to have been killed in drug gang violence have been buried. On Tuesday, local prosecutor Jorge Winkler told reporters that 250 human skulls had been found at the sites. An estimated 100,000 people have been killed in Mexico's drug wars in the past decade, and tens of thousands more have gone missing.

Colombia Coca Cultivation at Two-Decade High, US Says. The US estimates that coca production in Colombia increased 18% last year over 2015, with nearly half a million acres under production. The spike in production comes as the country begins implementing a peace accord with FARC rebels, and be the result of a "perverse incentive" for farmers to grow coca last year in order to qualify for subsidies for switching to substitute crops.

Chronicle AM: OR Bill to Bar MJ Drug Tests Before Hiring Gets Rough Reception, More... (2/22/17)

An Oregon effort to protect marijuana using job seekers gets hammered by employers, the Arkansas commission charged with crafting rules and regs for medical marijuana has approved final rules, asset forfeiture reform has passed the North Dakota House, Bolivian coca farmers are unhappy, and more.

Drug testing that discriminates against marijuana users is an issue in pot-legal states. (Wikimedia)
Marijuana Policy

Oregon Bill to Block Employers From Firing Workers for Marijuana Use Gets Rough Reception. A bill that would protect workers from using state-legal marijuana during their off hours ran into a storm of opposition at a hearing Tuesday. Senate Bill 301 would bar employers from refusing to hire workers merely because of a positive test result for pot, but employers complained that the bill would violate federal law and that there is no scientific means of determining whether someone who tests positive is still under the influence. The hearing was before the Senate Judiciary Committee. No vote was taken.

Medical Marijuana

Arkansas Commission Approves Medical Marijuana Rules. The state Medical Marijuana Commission Tuesday approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.

Indiana CBD Bill Heads for Governor's Desk. The House passed Senate Bill 15 on a 98-0 vote Tuesday. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.

South Carolina Medical Marijuana Bill Advances. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.

Asset Forfeiture

North Dakota House Passes Asset Forfeiture Reform Bill. The House voted 50-42 Wednesday to approve House Bill 1170, which would end civil asset forfeiture by requiring a prior criminal conviction before property could be seized, and which would require that any revenues from seizures go to the state's general fund instead of to law enforcement. The measure now heads to the Senate.

International

Bolivian Coca Farmers Clash With Police Over Cultivation Limits. Angry coca farmers threw rocks, fireworks, and sticks of dynamite as they clashed with police outside the Palacio Quemado, the seat of government and official residence of President Evo Morales in La Paz. That was the second day of clashes sparked by the government's move to limit coca cultivation to 50,000 acres. The government says local demand only requires about 40,000 acres, but the farmers say that figure is too low.

Chronicle AM: House Passes Unemployment Drug Test Bill, Houston Decriminalizes, More... (2/16/17)

The House approves a bill that could open the door to states drug testing people seeking unemployment benefits, harsh sentencing bills advance in Ohio and Kentucky, Houston decriminalizes marijuana possession (in most cases), and more.

The House has approved a bill that would allow states to expand drug testing of people seeking unemployment benefits. (wikimedia
Marijuana Policy

Arizona PAC Plans to File 2018 Legalization Initiative. A political action committee called Safer Arizona was set to file a marijuana legalization initiative with state officials Thursday. Arizona voters narrowly devoted a similar measure last year, but organizers say this one will have some differences, including requiring that people be at least 21 before they can buy it. They will have to gather 150,000 valid voter signatures by July to qualify for the 2018 ballot.

Guam Legalization Bill Gets Hearing. In a hearing Tuesday on a marijuana legalization measure, Bill 8-34, representatives of the judiciary said they took no position on the bill, but cautioned that implementing legalization would require a review of the island territory's entire criminal code. Guam Customs and Quarantine acting chief, Maj. Phillip Taijeron also testified, saying he supported the will of the people. "If the will of the people is to enact Bill 8-34, then I am in support of Bill 8-34," Taijeron said.

New York State Assembly Passes Landmark Legislation to Seal Past Marijuana Possession Convictions. The Assembly voted Tuesday in favor of Assembly Bill 2142, which would seal the criminal records of people who have been unjustly and unconstitutionally arrested for simple possession of marijuana in public view. The vote was 95 in favor and 38 opposed.This sealing legislation has taken on increased importance amid the Trump Administration’s rhetoric and actions targeting immigrant communities. On the national level, simple marijuana possession is the fourth most common cause of deportation, according to the report "Secure Communities and ICE Deportations: A Failed Program?" Sealing records will provide a measure of protection for immigrants by making it difficult or impossible for immigration authorities to meet their legal burden of proof for a judge to find a lawful permanent resident deportable. Additionally, sealing will guard against the Trump administration's Executive Order targeting noncitizens with any criminal arrests and/or convictions for deportation. If the arrest is also sealed and the sealed information is not shared with the FBI, these individuals may be at lower risk of becoming an enforcement target.

Houston to Decriminalize Marijuana Possession. The nation's fourth largest city is ready to decriminalize small-time marijuana possession. As of March 1, under a new "Misdemeanor Marijuana Diversion Program," in most circumstances people caught with an ounce or less will face no jail, no tickets, no court appearances and no criminal record. Houston and surrounding Harris County have spent $200 million prosecuting 100,000 pot possession cases in the past decade, with "no tangible public safety benefit," said District Attorney Kim Ogg (D), who took office this year.

Medical Marijuana

Indiana Senate Passes Limited CBD Bill. A measure that would allow people with epilepsy to use low-THC cannabidiol oil passed the Senate Tuesday. The measure, Senate Bill 15, now moves to the House.

Virginia Republicans Kill CBD Expansion Bill. Patient advocates burst into tears Wednesday night as six House Republicans voted to kill a major expansion of the state's CBD law, which limited its use to people with epilepsy. Senate Bill 1298 would have expanded the law to allow its use for treatment for 13 more conditions, but the bill was killed by a 5-6 party line vote in the subcommittee that writes criminal law.

Asset Forfeiture

Colorado Cops Lobby Hard, Defeat Asset Forfeiture Reform. A proposal to expand oversight of police seizures of property was defeated in a party line vote in a Senate committee Wednesday, with Republicans casting all the "no" votes. The measure, Senate Bill 17-136, would also have prevented law enforcement agencies from turning property over to the federal government to get around state restrictions unless the property was worth more than $50,000. The vote came after a parade of law enforcement officers testified against the bill.

Drug Testing

House Approves Measure Aimed at Expanding Drug Testing of People Who File for Unemployment Assistance. The House approved H.J. Res 42, which would repeal a recently finalized Department of Labor rule that interpreted a 2012 federal law that permits states to drug test people who file for unemployment insurance in certain circumstances. Advocates see the repeal of the Department of Labor rule as a first step by some Republicans in Congress at undoing federal restrictions on states conditioning receipt of unemployment and other forms of public assistance on a drug test. The measure now goes before the Senate.

Sentencing

Kentucky Senate Passes Bill Toughening Penalties for Heroin, Fentanyl Sales. The Senate voted unanimously Thursday to approve a bill increasing penalties for people trafficking even the smallest amounts of heroin and fentanyl. The measure, Senate Bill 14, rolls back sentencing reforms enacted in 2011. Under those reforms, trafficking less than House Bill 4, which reverses a state Supreme Court ruling that only the weight of actual cocaine -- not filler -- be used when imposing stiffer sentences for possession and trafficking. Under the bill, prosecutors would be able to sentence defendants based on the weight of the entire mixture. Under the bill, a pound of powder that contained only a gram of cocaine would be considered a pound of cocaine for sentencing purposes. The bill now moves to the Senate.

Chronicle AM: House GOP Wants to Drug Test for Unemployment Benefits, More... (2/15/17)

Vermont's GOP governor throws up an obstacle to marijuana legalization, the House GOP is set to vote to force unemployed workers to take drug tests before receiving their earned benefits, the rightist mayor of South America's largest city turns his back on harm reduction, and more.

House Republicans want laid off workers to have to undergo suspicionless drug tests before receiving their earned benefits.
Marijuana Policy

Oregon Bill Would Limit Pipe, Bong Sales to Pot Shops. Minority whip Rep. Jodi Hack (R-East Salem) has filed a bill that would only allow pot paraphernalia to be sold a licensed marijuana shops. Hack said the measure, House Bill 2556, was aimed at stopping minors from buying the stuff at gas stations, minimarts, and tobacco shops. But smoke shop operators and other retailers are vowing a fight.

Vermont Governor Demands Tough Driving Provisions Before He Will Support Legalization. Gov. Phil Scott (R) says he will not support a legalization bill before the legislature unless it has provisions allowing police to determine is someone is driving while impaired. "Certainly it's still problematic from the standpoint of public safety," said Scott. "I want to make sure that we address those concerns I talked about on the campaign trail in terms of impairment on our highways." He also acknowledged that current tests don't provide clear evidence of impairment, but used that uncertainty to say Vermont should wait and see how other states deal with the issue.

Medical Marijuana

Arkansas Medical Marijuana "Fix" Bills Advance. The House voted Monday to approve two bills aimed at tidying up the state's new medical marijuana law. The measures, both authored by Rep. Doug House (R-North Little Rock) are House Bill 1371, which requires that Arkansans hold 60% ownership interest in pot businesses in the state, and House Bill 1298, which requires that persons, not corporations, hold the licenses. The bills now head to the Senate.

South Dakota CBD Bill Advances. The Senate Judiciary Committee voted Tuesday to approve Senate Bill 95, which would reschedule CBD as a Class 4 drug in the state and remove it from the definition of marijuana under state law. The bill would legalize the possession and use of CBD, but only upon approval by the FDA. That requirement was added in committee.

Drug Testing

House to Vote on Drug Testing the Unemployed. The House was prepared to vote as early as today on House Joint Resolution 42, which would undo Obama administration limits on drug testing people seeking unemployment benefits. Under a compromise to extend unemployment benefits in 2012, the Obama administration agreed to limited drug testing, but only once the Labor Department had identified industries and sectors that "regularly require drug tests." People receiving unemployment benefits are people who have been laid off from work, not people who have been fired for cause, including drug use. People who are fired for cause don't qualify for unemployment benefits.

Arkansas Senate Approves Bill Making Welfare Drug Testing Permanent. The Senate Tuesday approved Senate Bill 123, which would make permanent a welfare drug testing pilot program approved two years ago, even though the pilot program had only two people fail a drug test and 11 decline to take it out of more than 3,000 people who applied for welfare last year. Under the Arkansas law, the children of people who fail a drug test lose their benefits unless their parent undergoes drug treatment at his or her own expense. The bill now goes to the House.

International

Sao Paulo's New Mayor Turns Back on Successful Harm Reduction Program. New Mayor Joao Doria will scale back a successful harm reduction program that provided housing and jobs to people with problematic crack cocaine use and replace it with a coercive and abstinence-based program. The Restart program Doria likes involves the involuntary "hospitalization and confinement of those who are victims of crack so that with medical treatment, they can stay away from drugs," he explained.

Venezuela VP Shrugs Off US Drug Sanctions. The Venezuelan government Tuesday condemned US sanctions imposed a day earlier on Vice President Tareck El Aissami as a "highly dangerous" infringement of Venezuelan sovereignty, while El Aissami himself called it a "miserable and defamatory aggression" that wouldn't distract him from his job. The US accuses El Aissami of facilitating cocaine shipments while he was a provincial governor.

Chronicle Book Review: This Side of Freedom: Life After Clemency, by Anthony Papa

After decades of the war on drugs and other "tough on crime" policies, America seems finally to have begun to come to its senses. The imprisonment rate has leveled off, and we're no longer seeing year after year after year of ever-increasing numbers of people behind bars in the land of the free.

We've seen that change at the federal level, with the Fair Sentencing Act, softening of the sentencing guidelines for drug offenses, and Justice Department instructions to prosecutors to avoid hitting bit players with mandatory minimum sentences. We've seen that at the state level, with sentencing reforms in dozens of states leading to an actual reduction in the number of state prisoners. And we've even seen it at the local level -- the nation's system of city and county jails -- through things like marijuana decriminalization and reforms in bail practices.

That's all well and good, but we're still the world's leading jailer, in both absolute and per capita term, with more than two million people locked up (China only has 1.5 million). Tens of thousands of them are non-violent drug offenders sentenced under draconian laws enacted before the fever broke -- confined not for years, but for decades -- and writing less brutal sentencing laws now isn't much help to them.

In his waning days in office, President Obama struck a bold blow for justice and made modern presidential history by granting clemency to more than 1,700 federal drug prisoners. Let's be crystal clear here: These were not pardons granted to people who had finished their sentences and long ago returned to society and now wanted their records wiped clean. Obama's commutations meant that people currently spending their lives behind prison walls walked free -- years or decades before they otherwise would have. Hundreds, mostly third time drug offenders serving life sentences, would have died in prison.

But the president can only grant pardons or commutations to people in the federal system, and the vast majority of American's prisoners are in state prisons. Each state governor holds a pardon power similar to the federal chief executive's, but it is used sparingly, some might even say stingily, and has certainly never been wielded in a mass fashion to achieve a social justice end like Obama did at the federal level.

That's a crying shame -- and a potential focus of reform organizing -- because a governor's signature can liberate a human being who not only deserves a chance to breathe the air of freedom, but who may actually make our world a better place by being in and of it instead of being locked away from it -- and us.

Ask Tony Papa. He was a young New York City family man with his own business who, short on cash, took an offer to make a few hundred bucks by delivering some cocaine back in the 1980s, when New York's draconian Rockefeller drug laws were still in full effect. It was a sting, and Papa got popped. Like thousands of others, the luckless he quickly entered the state's drug war gulag, sentenced to 15 years to life.

In an earlier work, 15 to Life, Papa told the story of his bust, his seeming eternity behind bars, his slammer-honed artistic talent, and how an anguished self-portrait that seemed to encapsulate the horror and madness of crushing drug prohibition resulted in some high-placed interest, followed by media attention, a public campaign on his behalf, and his release after 12 years when he was granted clemency by then-Gov. George Pataki. It is a remarkable tale of punishment, perseverance, and redemption.

And now, he's back with the rest of the story. In This Side of Freedom: Life After Clemency, the personable Papa tells the tale of his life after rebirth -- and makes achingly clear how the trauma of years-long incarceration lingers in the psyche of the freed. There is a clear public policy moral buried in these pages, too: Getting out of prison is only the first step, reentry into society is hard, society itself seems to make it even harder, a virtual obstacle course for people taking the baby steps of freedom, but if we as a society are smart, we will make the effort, for our own collective sake as well as out of a humanitarian impulse.

Compared to most newly freed prisoners, Papa had it good. The campaign for his release had made him connections, he could find work, he could revive his familial ties, yet still he struggled, and understandably so. When you've spent a dozen years being told what to do, freedom isn't easy.

Papa had his demons, and part of the way he fought them was by resolving not to forget the prisoners he left behind. Within a year of his release, inspired by the courageous years-long struggle of the Argentine Mothers of the Disappeared, those survivors of the thousands taken and killed by the military dictatorship of the 1970s, he and comic/political gadfly Randy Credico formed the New York Mothers of the Disappeared along with family members of the thousands imprisoned under the Rockefeller laws.

Papa, Credico, and the Mothers played a critical role in early efforts to overturn the Rockefeller drug laws, and his tales of feckless politicians, preening celebrity intervenors, and back room double-dealing are the inside dirt on the glacial process of bringing some sanity to the state's drug laws. It ain't pretty, but reform did happen -- eventually -- and Papa got his social justice payback. If that isn't redemption-worthy, I don’t know what is.

This Side of Freedom is one part memoir, one part social history, one part heart-felt manifesto. Papa is an effective, engaging writer who tells his story in discrete episodes and has a knack for jumping from the personal to the political like a quivering quantum particle. You'll meet a range of colorful characters and experience the gamut of human emotion -- the highs, the lows, the ennui -- as you follow Papa's path.

His is one portrait of life in turn-of-the-21st Century America: mindless cruelty and brutality, mixed with racial injustice, but leavened with the will to resist. Read and ask yourself: How many other Tony Papas are out there, watching their lives tick away as they're locked in the cells, when they could be out here helping the rest of us make our world a better, more just and humane place?

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