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Chronicle AM: Bill to End Federal Man Mins Filed, CA Calls for Pot Rescheduling, More... (9/18/17)

Bostonians celebrate marijuana legalization, California calls for its rescheduling, state attorneys general urge health insurers to reduce opioid prescriptions, Maxine Waters files a bill to end mandatory minimums for drug sentences, and more.

Marijuana Policy

California Officially Calls for Marijuana Rescheduling. The Assembly last Thursday passed a resolution calling on the federal government to reschedule marijuana. The Senate had approved the resolution earlier. "The Legislature urges the Congress of the United States to pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule I drug to an alternative schedule, therefore allowing the legal research and development of marijuana or cannabis for medical use," reads the joint resolution.

Boston Freedom Rally Draws Thousands to Celebrate Legalization. For the first time since voters legalized marijuana last November, the annual event demanding legalization was held this past weekend. Thousands flocked to Boston Common for the 28th Annual Boston Freedom Rally for live music, speeches, educational panels, and -- of course -- plentiful pot-smoking. Even though public marijuana use is illegal, police reported no arrests.

Nevada Supreme Court Throws a Wrench in Marijuana Distribution Licensing. The state's highest court issued a temporary injunction last Friday barring the Department of Taxation from granting any more pot distribution licenses. This means supply chain issues will continue to plague pot shops in the near term. The initiative that legalized pot in the state reserved such licenses for liquor distributors for the first 18 months, but the Tax Commission had voted to allow other distributors to get in on the action after determining that the booze distributors couldn't keep up with demand. The liquor distributors took legal action to block the new licenses, and here we are. Oral arguments in the case are set for October 3.

Heroin and Prescription Opioids

State Attorneys General Urge Insurers to Seek Alternatives for Opioids. Attorneys general from 35 states, Washington, DC, and Puerto Rico announced a bipartisan coalition to fight opioid addiction on Monday and rolled out their effort by jointly calling on health insurers to review pain management treatment policies in a bid to promote more use of alternatives to prescription opioids. The AGs said they didn't want health insurers to unintentionally contribute to the crisis. News articles didn't indicate whether the AGs noted the need to ensure that patients who do need opioids receive them.

Harm Reduction

Philadelphia DA Candidates Are Open to Safe Injection Sites. Larry Krasner, the Democratic frontrunner to be the next district attorney, has come out in support of city-sanctioned safe injection sites for drug users. His Republican foe, Beth Grossman, wouldn't go that far, but said she is open to discussion on the issue. Safe injection sites were mentioned in Mayor Jim Kenney's opioid task force report in May, but they were the most controversial of the report's 18 recommendations. Although efforts are underway in several cities, including New York, San Francisco, and Seattle, no officially-sanctioned safe injection sites operate in the US, although one unsanctioned one is reportedly operating in an unnamed US city.

Sentencing

Maxine Waters Files Bill to End Mandatory Minimum Drug Sentences. Rep. Maxine Waters (D-CA) has filed House Resolution 3800 "to eliminate mandatory minimum sentences for all drug offenses." The bill text is not yet available on the congressional web site.

International

Toronto Pot Lounges Want Right to Exist Under Legalization. Faced with a provincial plan to impose a government monopoly on retail marijuana sales, Toronto's existing pot consumption lounges, some of which have been around since before the turn of the century, are asking the city's Municipal Licensing and Standards Committee to regulate them instead of shutting them down. They argue that the shops are needed in the city, which bans public pot smoking and where many renters and apartment dwellers have no legal place to indulge.

(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.)

Medical Marijuana Update

Medical marijuana is getting some attention in Congress, Arizona PTSD patients are still out of luck, Michigan dispensaries have three months to shut their doors and get licensed, and more.

National

Last Wednesday, a bipartisan group of senators reintroduced the CARERS Act. Sens. Cory Booker (D-NJ), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Lisa Murkowski (R-AK), and Rand Paul (R-KY) refiled the CARERS Act (Senate Bill 1764). The bill aims to "extend the principle of federalism to State drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana."

Last Thursday, the House GOP leadership blocked a vote to protect medical marijuana states. House GOP leaders won't allow a vote on an amendment to a spending bill that bars the Justice Department from spending money to go after state-compliant medical marijuana programs, several lawmakers said. The Farr-Rohrabacher amendment has protected those state programs for the past four years, but House leaders said "it splits the conference too much so we're not going to have a vote on it," The Hill reported. The move came despite pleas from Rep. Rohrabacher (R-CA) to allow the vote.

Last Friday, the budget deal Trump agreed to preserved medical marijuana protections -- for now. The budget deal agreed to between President Trump and congressional leaders extends federal protections to state-legal medical marijuana programs through December 8. This provides an opportunity for House GOP leaders to rectify their decision last week not to allow a vote on the amendment that for the past four years has blocked the Justice Department from spending federal funds to go after medical marijuana in states where it is legal.

Arizona

On Tuesday, the Supreme Court refused to lift restrictions on medical marijuana for PTSD. The state Supreme Court rejected without comment an argument from the Arizona Cannabis Nurses Association that the former state health director had illegally imposed restrictions on when doctors can recommend the drug for PTSD. The high court's decision leaves intact an earlier Court of Appeals ruling upholding the restrictions. Attorneys for the association say they may take the case to federal court on equal protection grounds.

Iowa

Last Friday, the attorney general cited fed fears to block CBD from out of state dispensaries. The attorney general's office has advised the Department of Public Health not to implement a part of the state's CBD medical marijuana law that would have licensed two dispensaries from bordering states to supply CBD to Iowa patients. "It is possible that state's program may come under increased scrutiny from the federal government," a spokesman told the Des Moines Register, adding that the halt would remain "until the federal government provides further guidance regarding state medical marijuana programs."

Michigan

On Monday, dispensaries were given three months to shut their doors. Existing unlicensed dispensaries must shut their doors by December 15, the state Department of Licensing and Regulatory Affairs said. On that date, the department begins accepting applications to operate under new medical marijuana regulations approved this year. While closing up shop and then applying for a license isn't exactly a thrill for existing dispensary owners, it's better than an alternative proposal that called for the dispensaries to be shut down immediately.

Pennsylvania

Last Friday, a lawsuit put the roll-out of the medical marijuana program in peril. A would-be medical marijuana operator who failed to win a permit to operate in an initial round of permit-issuing filed a lawsuit last challenging the process and seeking an injunction that would require the state to rescind all awarded permits and start over. That's raising concerns about medical marijuana supporters that it could cause needless suffering.

Texas

Last Thursday, the sttate issued its first CBD medical marijuana license. The state has issued a license to Cansortium Texas to grow, process, and sell CBD medical marijuana products to patients. Two other companies have applications in the pipeline. The move comes two years after the legislature approved a bill allowing for CBD use for epilepsy.

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

Chronicle AM: White House Seeks MA MedMJ Data, Ecstasy for PTSD Advances, More... (8/28/17)

The White House is sniffing around Massachusetts medical marijuana patient data, the FDA has granted breakthrough drug status for MDMA as a treatment of PTSD, the DEA warns of a looming tide of cocaine, the State Department's top anti-drug official calls it quits, and more.

Cocaine supplies and seizures are at record levels, the DEA says. (US CBP)
Medical Marijuana

White House Seeks Massachusetts Data On Medical Marijuana Users. The National Marijuana Initiative, part of the Trump administration's anti-drug task force, has asked the state Department of Public Health to provide data on the health conditions cited by medical marijuana users. The department has already provided data on patient by age and gender, but said it was considering whether to hand over additional data.

Tennessee Lawmakers to Study Whether to Legalize Medical Marijuana. Lt. Gov. Randy McNally (R) and House Speaker Beth Harwell (R-Nashville) announced in a letter last Friday that they are forming an ad hoc committee to study whether the state should legalize medical marijuana. The lawmakers said they would undertake a comprehensive review of the matter. The committee will consist of 10 legislators.

Ecstasy

FDA Grants Breakthrough Therapy Designation for MDMA-Assisted Psychotherapy for PTSD. The Multidisciplinary Association for Psychedelic Studies (MAPS) announced last Friday that Food and Drug Administration (FDA) has granted Breakthrough Therapy Designation to MDMA for the treatment of posttraumatic stress disorder (PTSD). MAPS and the FDA have also reached agreement under the Special Protocol Assessment Process (SPA) for the design of two upcoming Phase 3 of MDMA-assisted psychotherapy for patients with severe PTSD. MDMA-assisted psychotherapy is a novel treatment package that combines psychotherapeutic techniques with three administrations of MDMA as a pharmacological adjunct. By granting Breakthrough Therapy Designation, the FDA has agreed that this treatment may have a meaningful advantage and greater compliance over available medications for PTSD.

Drug Policy

State Department's Top Anti-Drug Diplomat Joins Exodus, Resigns. William Brownfield, the US Assistant Secretary of State for International Narcotics and Law Enforcement Affairs ("drugs and thugs"), has announced he is quitting at the end of September. Foreign Policy had reported that Secretary of State Rex Tillerson was considering Brownfield for a position as top envoy to Latin America, but instead Brownfield is leaving. His departure is only the latest of top officials from Foggy Bottom, including Brownfield's wife, Kristie Kenney, one of the department's senior foreign service officers, a few months back. Also resigning Friday, was Tracey Ann Jacobsen, the acting director of the Bureau of International Organization Affairs. Earlier in the week, Foreign Policy reported that the department's top official for European affairs, John Heffern, was forced out of his job, adding to "concerns of a growing wave of resignations by foreign policy professionals who are either being pushed out or resigning over frustration with an administration that has downgraded the importance of Washington's diplomatic corps."

Search and Seizure

Indiana Appeals Court Rules Genital Search for Blunt too Intrusive. The state Court of Appeals ruled last week that a police officer's search that included touching a woman's genitals was unconstitutional. Taccasia Porter had been convicted of marijuana possession, but appealed her conviction, arguing that the marijuana found in her underwear shouldn't have been admitted as evidence because it was the fruit of an unlawful search. The appeals court agreed, saying that while an initial search was lawful, the hands-down-the-pants search was not. "While the initial pat-down search was permissible, we find that the subsequent search ran afoul of both the federal and state constitutions," wrote appellate Judge John G. Baker. "All of this took place in a public area on the side of a road, with no evidence that any precautions were taken to protect Porter's privacy from pedestrian or vehicular passers-by or the two men on the scene," the opinion said. No word yet on whether prosecutors will appeal.

International

DEA Report Says Colombia Cocaine Expansion Fueling Rise in Use and Supply in the US. An August DEA Intelligence Brief notes that US cocaine supplies are at the highest levels since at least 2007 and the usage has jumped to the highest levels since 2009. The report also says that cocaine production and US border seizures "have reached the highest levels ever observed. The DEA argued that cocaine supply and us in the US will continue to rise barring a change in US drug habits, cartel behavior, or "a significant shift in the Government of Colombia's policies."

Trudeau Government Not Decriminalizing More Drugs Than Marijuana. Responding to calls from public health and political figures in British Columbia to decriminalize drugs in a bid to combat the opioid overdose epidemic, federal Health Minister Jane Philpott says no way. "Our government is currently working on the legalization, strict regulation, and restriction of access to cannabis, in order to keep it out of the hands of youth, and profits out of the hands of criminals," she said in a statement last week. "We are not looking to decriminalize or legalize other illicit substances at this time."

Mass March for Philippine Teen Drug War Victim.More than a thousand people joined the funeral procession last Saturday for Kian Delos Santos, 17, who was gunned down by Philippines police days earlier as part of their bloody anti-drug campaign. His killing has galvanized opposition to the year-long campaign undertaken by President Rodrigo Duterte upon his inauguration last year, which has resulted in thousands of deaths and increasing attention to charges that police are systematically executing suspected drug users and dealers.

Chronicle AM: Federal Judge Slams Indianapolis PD Car Seizures, More... (8/23/17)

It's slow in the dog days of August, but there is a bit of news out there: Indianapolis cops have to revise their vehicle seizure practices, Alaska regulators are seeking public comment on proposed on-site pot consumption regulations, and more.

Alaska wants to let pot buyers smoke their purchases where they got them. Public comments being sought now. (Sandra Yruel/DPA)
Marijuana Policy

Alaska Regulators Seek Public Comment on Onsite Marijuana Consumption. The state's Marijuana Control Board has created a draft proposal that would allow some pot shops to provide a space for on-premises consumption of products bought there. Now it's giving the public a chance to weigh in. People who want to comment have until October 27.

Nevada Gaming Commission to Discuss Marijuana-Related Issues. The state Gaming Commission will hold a special meeting Thursday to address problems the gambling industry may have to confront after the state legalized marijuana. The commission is likely to discuss ways to keep gaming companies from being associated with marijuana businesses, which are illegal under federal law.

Asset Forfeiture

Indiana Federal Judge Restricts Indianapolis Police Seizure Practices. The Indianapolis Metro Police Department may no longer hold seized vehicles for up to six months before deciding whether to file formal asset forfeiture paperwork, a federal district court judge ruled on Monday. The ruling came in a class action lawsuit challenging such seizures. "The Court concludes that the statutory provisions allowing for the seizure and retention of vehicles without providing an opportunity for an individual to challenge the pre-forfeiture deprivation are unconstitutional," US District Chief Judge Jane Magnus-Stinson ruled in remarks reported by The Indianapolis Star.

Harm Reduction

Kentucky First Responders Get Naloxone. Gov. Matt Bevin (R) joined officials from northern Kentucky and executives from Aetna to announce Wednesday that first responders in the northern and Appalachian regions will receive720 doses of the overdose reversal drug naloxone in a bid to prevent overdose deaths. Drug overdose deaths in the state were at record levels last year, up more than 7% over 2015.

Chronicle AM: Global NGOs Concerned About Forced Coca Eradication in Colombia, More... (8/18/17)

Global NGOs have written to the Colombian president to express concerns about forced eradication of coca crops, a Nevada judge removes a marijuana sales bottleneck, Massachusetts has a new police force aimed at "extremists and drug traffickers," and more.

Colombian peasant harvesting coca (dea.gov)
Marijuana Policy

Nevada Judge Clears Way for More Distribution Licenses. Carson City District Judge James Russell on Thursday lifted a temporary restraining order that had forced the state to limit marijuana distribution rights to liquor wholesalers. The state's legalization initiative had required officials to limit distribution rights to liquor wholesalers for the first year and a half -- unless they couldn't keep up with demand. In his ruling Thursday, Judge Russell held that they had demonstrated they couldn't.

Asset Forfeiture

Illinois Asset Forfeiture Reform Law Now in Effect. An asset forfeiture reform bill passed earlier this year, House Bill 303 (with asset forfeiture reform added as an amendment to an unrelated bill), is now in effect. The bill does not end civil asset forfeiture, but increases the standard of evidence needed to seize property and adds reporting requirements for all seizures.

Law Enforcement

Massachusetts State Police Division Created to Go After Extremists and Drug Traffickers. Lt. Gov. Karyn Polito (R) announced Thursday the formation of a new State Police division to address threats from "extremists and drug traffickers." The new Fifth Division will collect and analyze criminal intelligence and provide protection for large-scale events and key infrastructure, Polito's office said.

International

Global NGOs Concerned About Forced Eradication in Colombia. In a letter to Colombian President Juan Manuel Santos, the International Drug Policy Consortium (IDPC), a global network of 177 NGOs, expressed strong support for the Peace Accord signed by the Colombian government and the FARC, while also expressing deep concern regarding intensified, and increasingly militarized, forced coca eradication efforts, especially in areas where communities have already signed crop substitution agreements. Forced eradication in areas where communities have signed crop substitution agreements perpetuates violence and generates new conflicts, undermines the very spirit of the voluntary crop substitution agreements and confidence-building efforts with local communities, and potentially threatens the effective implementation of the peace accord, the groups charged.

Chronicle AM: CA Judge Rules for Growers, CT Judge Rules for Patient, More... (8/11/17)

Federal judges stuck up for California marijuana growers and a Connecticut medical marijuana patient, another Seattle suburb goes NIMBY on safe injection sites, and more.

Connecticut fed judge: Medical marijuana user denied job for positive drug test can sue. (Wikimedia.org)
Marijuana Policy

California Federal Judge Blocks Prosecution of Marijuana Growers. A federal district court judge in San Francisco ruled on Tuesday that federal prosecutors cannot move forward with their prosecution of two Humboldt County pot growers because the pair was in compliance with state laws. Judge Richard Seeborg held that the Rohrabacher-Farr amendment blocked such prosecutions, and the case is closed unless or until that amendment expires.

Nevada Opens Up Marijuana Distribution Rights. The state Department of Taxation concluded Thursday that there weren't enough liquor distributors who wanted to transport marijuana to pot shops and decided to open the business up to other potential distributors. "The capacity of only liquor wholesalers to serve the market seems lacking," said Deonne Contine, executive director of the tax department, in remarks reported by the Las Vegas Review-Journal. "I think the evidence is fairly clear today that this market needs to be opened up," she said.

Medical Marijuana

Connecticut Federal Judge Rules Employee Not Hired Because of Medical Marijuana Can Sue. A federal district court judge in New Haven ruled on Tuesday that a woman who was using medical marijuana in compliance with state law can sue an employer who rescinded her job offer after she tested positive for marijuana. The woman had previously disclosed her medical marijuana use and had quit her former job when, one day before she was supposed to begin her new job, the company notified her it was rescinding the offer. The ruling echoes one last month in Maine's Supreme Judicial Court, and may signal the beginning of judicial recognition of the employment rights of medical marijuana users.

Arkansas Hasn't Seen Any Grow or Dispensary Applications Yet. With the state halfway through its application period for medical marijuana grow and dispensary licenses, state officials said Friday that they had yet to receive any applications, but they weren't worried. "We are not concerned, as we understand the applications require detailed and specific information that will take time to complete," Department of Finance and Administration spokesman Scott Hardin told the Associated Press. "Applicants are likely performing their due diligence to provide quality applications." The deadline for applications is September 18.

Harm Reduction

Another Seattle Suburb Rejects Safe Injection Sites. The city council in south suburban Federal Way voted Tuesday night to ban safe injection sites in the city. The vote comes after a King County task force recommended opening two safe injection sites in the county, which includes Seattle. Another Seattle suburb, Bellevue, approved a similar NIMBY ban just days ago. One safe injection is set for Seattle; the other is supposed to open in one of the suburbs.

Chronicle AM: Senate Keeps MedMj Language, Kansas SWAT Lawsuit Revived, More... (7/27/17)

A Senate panel has approved an amendment barring the DOJ from going after medical marijuana states, criminal justice reform groups want close scrutiny of US Attorney nominees, a federal appeals court reinstates a lawsuit over a SWAT raid that turned up only tomatoes and tea leaves, and more.

A Kansas SWAT team looking for a pot grow raided a couple who were only growing tomatoes. Now, their lawsuit can proceed.
Medical Marijuana

Senate Panel Approves Amendment Defunding DOJ Medical Marijuana Enforcement. The Senate Appropriations Committee voted Thursday to approve an amendment that would block the Justice Department from spending any funds to go after medical marijuana in states where it is legal. The amendment, which passed with strong Republican support, is a striking rebuke to Attorney General Jeff Sessions, who had personally requested that Congress kill the amendment. A House committee yesterday killed a similar amendment, but if the Senate amendment stays in the appropriations bill, it could be the basis for conference committee negotiations later.

Nevada Supreme Court Upholds Medical Marijuana Registry. In a Tuesday decision, the state Supreme Court unanimously upheld the constitutionality of the state's medical marijuana registry. The program had been challenged by a John Doe lawsuit, which complained that the registry and associated fees violated his due process rights. The lawsuit was rejected by lower state courts, and now the state's highest court has agreed.

Law Enforcement

Reform Groups Call on Senate to Closely Scrutinize Trump's US Attorney Nominees. A number of criminal justice reform groups on both the left and the right are calling on Senate Judiciary Chairman Sen. Chuck Grassley (R-IA) to have committee members actually question nominees, whether at hearings or in writing. The groups, which include Families Against Mandatory Minimums, Right on Crime, and the American Conservative Union, want nominees' positions on key issues such as asset forfeiture, sentencing policy, and respecting the authority of states to be made clear. "In view of the recent policies announced by the Department of Justice (DOJ), it is even more important that the Senate understand each nominee's views of the proper role government attorneys play in seeking justice rather than merely 'winning' the cases they bring," the groups wrote. The coalition made an initial request to Grassley in March, but got no response.

Federal Appeals Court Reinstates Lawsuit Against Kansas Cops Who Led SWAT Raid Against Couple Growing Tomatoes. In a blistering decision, the 10th US Circuit Court of Appeals reinstated a lawsuit filed by a suburban Kansas City couple after a SWAT-style raid based on the couple's visit to a garden supply shop and a faulty field drug test that said tea leaves in their trash were marijuana. There was no marijuana. The family sued the Johnson County Sheriff's Office after the 2012 raid. A federal judge dismissed the lawsuit in 2015, but now the 10th Circuit has overruled him.

Chronicle AM: Ominous DOJ MJ Report, Indonesia Prez Says Shoot Dealers, More.... (7/24/17)

A key Justice Deparatment report is slated to drop this week, so is a federal hemp bill, Indonesia's leader seems to be following in Duterte's footsteps, and more.

What is Attorney General Sessions cooking up for pot policy? We should know this week. (senate.gov)
Marijuana Policy

Justice Department Report to Be Released This Week Could Include Crackdown on Marijuana. A Justice Department Task Force on Crime Reduction and Public Safety, led by Attorney General Jeff Sessions, is set to release its report this, and reformers and industry insiders worry the report will try to link marijuana to violent crime, laying the basis for a crackdown on marijuana users and purveyors.

Massachusetts Local Control Compromise Could Face Legal Challenge. A legislative compromise that would let elected leaders in some communities ban marijuana businesses without a popular vote could be challenged as unconstitutional under state law. Under the compromise, if a majority of a local jurisdiction opposed the 2016 legalization initiative, local leaders could ban without a popular vote, but if the majority voted for the initiative, a ban would require a popular vote. The initiative itself called for no bans without a popular vote. Senate Minority Leader Bruce Tarr (R-Essex) warned that the compromise language could be challenged on the basis it violates equal protection laws.

Medical Marijuana

Virgin Islands Medical Marijuana Bill Reintroduced. Territorial Sen. Positive Nelson has refiled his Virgin Islands Medical Cannabis Patient Care Act. A similar bill died in committee last year, and Nelson wants to avoid a similar fate this year. "I'm requesting that this measure be heard by the committee of the whole, and not the Health Committee, whose chair has exhibited an obvious bias against cannabis legalization in any form," Nelson said.

Hemp

Federal Hemp Bill to Be Filed This Week. US Rep. James Comer (R-KY) is expected to introduce the Industrial Hemp Farming Act this week. The bill, versions of which have been introduced in each Congress since 2009, would remove industrial hemp from the definition of marijuana under the Controlled Substances Act and would allow research on hemp with up to 0.6% THC -- up from 0.3% in earlier bills.

Immigration

Permanent Resident Set to Be Deported for Marijuana Wins in Federal Appeals Court. The US 7th Circuit Court of Appeals in Chicago has ruled in favor of permanent resident Ming Wei Chen, who had been ordered deported from the country after a marijuana conviction. The court ruled that the Board of Immigration Appeals misapplied Supreme Court rulings when it held his conviction constituted an "aggravated felony."

International

Indonesia's President Tells Police to Shoot Drug Dealers. President Joko Widodo has told police to shoot drug traffickers as part of his efforts to fight a "narcotics emergency" in the country. "Be firm, especially to foreign drug dealers who enter the country and resist arrest. Shoot them because we indeed are in a narcotics emergency position now," Widodo said in a speech last Friday. The remarks drew comparisons with statements from Philippines President Rodrigo Duterte, who has overseen a drug crackdown that has left thousands dead there.

Amidst Violent Gun Battles, Mexico City Sees First Narco-Blockade. Mexican marines engaged in a gun battle with drug gangsters in the capital's Tlahuac neighborhood, leaving eight gunmen, including Tlahuac Cartel leader Jesus Perez Luna dead. During the shoot-out, dozens of people blocked streets in the area, setting on fire a truck and two stolen minibuses in a "narco-blockade" aimed at preventing the arrival of police and military reinforcements. That's a first for Mexico City.

Poland Legalizes Medical Marijuana. Polish President Andrzej Duda has signed a bill legalizing medical marijuana in the country. Patients will not be able to grow their own, but will be able to obtain imported marijuana products at pharmacies. The law allows people with severe illnesses to use medical marijuana if approved by a physician, but has no list of qualifying conditions. The law will go into effect in October.

Medical Marijuana Update

A measure that would allow VA docs to issue medical marijuana recommendations advanced in the Senate, Massachusetts' highest court rules in favor of a worker fired for using medical marijuana, and more.

National

Last Thursday, a Senate panel approved medical marijuana for veterans. The Senate Appropriations Committee voted to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year, when it was approved by the full House, but killed in conference committee.

Massachusetts

On Monday, the state's high court ruled for a woman fired for using medical marijuana. The state Supreme Judicial Court ruled that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada

On Sunday, medical marijuana patients complained of higher prices after recreational sales began. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

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

Chronicle AM: SD Sued Over Forced Catheterization of Toddler for Drug Test, More... (6/30/17)

The ACLU sues South Dakota over the forced drug testing of a toddler, Detroit residents again sue the dope squad for killing dogs in pot raids, Pennsylvania's governor signs an asset forfeiture reform bill, and more.

Trump's EPA head stops California from setting pesticide regulations for marijuana crops.
Marijuana Policy

EPA Rejects California's Request to Recognize Allowable Marijuana Pesticides. Environmental Protection Agency head Scott Pruitt last week rejected the state's request to recognize acceptable pesticides for pot crops. Pruitt used the fact of marijuana's continuing illegality under federal law to justify the decision: "Under federal law, cultivation (along with sale and use) of cannabis is generally unlawful as a schedule I controlled substance under the Controlled Substances Act. The EPA finds that the general illegality of cannabis cultivation makes pesticide use on cannabis a fundamentally different use pattern."

Medical Marijuana

Pennsylvania Health Department Issues Dispensary Permits. The Health Department announced Thursday it had granted 27 medical marijuana dispensary permits. Each permit holder can open up to three dispensaries. They will be permitted to begin selling medical marijuana in six months. Click on the link for a list of permit recipients.

Asset Forfeiture

Pennsylvania Governor Signs Asset Forfeiture Reform Bill. Gov. Tom Wolf (D) signed into law Senate Bill 8 on Thursday. The bill does not end civil asset forfeiture, but does impose a higher burden of proof on law enforcement before forfeitures can take place, mandate a hearing before any seized real property is forfeited, and add protections for third-party property owners.

Drug Testing

South Dakota Sued Over Forced Catherization of 3-Year-Old for Drug Test. The ACLU of South Dakota has filed a pair of lawsuits over the forced use of a catheter to take a urine sample from a three-year-boy to test for drugs as part of a child welfare investigation. The suit comes in the case of a Pierre woman whose boyfriend violated probation by testing positive for illegal drugs. Child protective workers then told the women her children would be taken away if she did not submit them to a drug test. The federal lawsuit names as defendants the state of South Dakota and the hospital whose employees actually performed the procedure.

Law Enforcement

Detroit's Dog Killing Drug Cops Sued for Third Time. A Detroit couple has filed a civil rights lawsuit against Detroit Police alleging officers needlessly and maliciously killed their three dogs during a July 2016 marijuana raid after officers refused to let them retrieve the animals from the back yard. That brings to three the number of active lawsuits filed against Detroit cops for killing dogs during pot raids. The culprit is the department's Major Violators Unit, which conducts hundreds of raids a year in the city, and which has left a trail of dead dogs in its wake. One officer alone has killed 69 dogs.

Illinois Supreme Court Rules County DAs Can't Form Their Own Dope Squads. The state Supreme Court ruled Thursday the county prosecutors cannot form their own policing units to conduct drug interdiction efforts, including traffic stops. The ruling came in a case involving the State Attorney's Felony Enforcement (SAFE) Unit created by the LaSalle County district attorney. The unit operated for five years, mainly stopping cars on their way to and from Chicago. Previously, state appeals courts had ruled that the units were an overreach of prosecutorial authority, and now the state's highest court has backed them up.

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