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2018

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Chronicle AM: Trump Looking at Drug Dealer Death Penalty, Vancouver Wants Drug Decrim, More... (3/12/18)

Sessions admits feds can't effectively enforce pot laws, Trump admin studies the death penalty for some drug dealers, Mexico murders hit a high, Vancouver wants drug decriminalization, and more.

Trump isn't just talking about the death penalty; his administration is working on it. (Gage Skidmore/Wikimedia)
Marijuana Policy

Attorney General Sessions Concedes Feds Lack Resources to Prosecute Small-Time Pot Busts. The attorney general admitted the obvious Saturday, saying that federal prosecutors will not take on small-time marijuana cases because federal law enforcement lacks the resources to take on "routine cases." In response to a question, Sessions said, "I am not going to tell Colorado or California or someone else that possession of marijuana is legal under United States law," but then added that federal prosecutors "haven’t been working small marijuana cases before, they are not going to be working them now."

Medical Marijuana

Missouri Medical Marijuana Initiative Has 200,000 Signatures, Still Wants More. It's looking increasingly likely that Shoe Me state residents will have a chance to vote to legalize medical marijuana in November. New Approach Missouri, the group behind a medical marijuana initiative, announced Sunday it had collected more than 200,000 raw signatures. It only needs 160,000 valid voter signatures to qualify for the ballot, but because some raw signatures may be disqualified, the group said its goal is 300,000 raw signatures.

Utah Legislature Passes Medical Marijuana Bills, But Initiative Campaign Will Continue. Faced with an ongoing initiative campaign, legislators in Salt Lake passed four medical marijuana bills this session, but none of them actually sets up a workable, dispensary-based program, and the Utah Patients Coalition, the folks behind the initiative campaign say they are tired of lawmakers beating around the bush and will continue to gather signatures so the issue will appear on the November ballot. Of the bills passed, one would allow terminally ill patients to use medical marijuana, one would ease medical marijuana research, one seeks a federal waiver for doctors to recommend CBD, and one modifies a task force charged with reviewing existing medical marijuana research.

West Virginia Medical Marijuana Expansion Bill Dies. The legislature adjourned Saturday without taking final action on a medical marijuana expansion bill, just days after State Treasurer John Perdue warned that because of federal pot prohibition the state could not support the program with its financial services. House Bill 4345 would have increased the number of growers, processors, and dispensaries that can operate in the state.

Drug Policy

Trump Administration Studying Death Penalty for Drug Dealers. It's not just off-the-cuff rhetoric: The administration is studying a new policy that could allow federal prosecutors to seek the death penalty for some drug dealers, particularly those dealing in fentanyl and its analogs. The Department of Justice and the Domestic Policy Council are studying potential changes, and a final announcement could come within weeks.

New Report Finds War on Drugs a Key Factor in Colorado’s Growing Prison Population — and Its Prison Budget, Which Is Nearing $1 Billion for First Time in History. The war on drugs is a key factor in Colorado's growing prison population and, in turn, its growing budget, according to a report released Monday by the Colorado Criminal Justice Reform Coalition (CCJRC). It also appears to be having a disproportionate impact on women. The analysis of state court and prison data found there were more than twice as many drug felony case filings in Colorado in 2017 (15,323) compared to 2012 (7,424), and the vast majority of drug felony filings (75%) are for simple possession. As a result, there are more people being sentenced to prison for drug possession, especially women. The report, which also includes a breakdown for each of Colorado's 22 judicial districts, shows that five districts saw drug felony filings increase by 165% or more in 2017 compared to 2012.

International

European Union Calls on Member States to Find Alternatives to Punishing Drug Users. The EU's Justice and Home Affairs Council last week adopted recommendations on alternatives to coercive sanctions for drug users. These recommendations were approved within the frame of the EU Action Plan on Drugs 2017-2020 which requests member states to provide alternatives to coercive sanctions for drug using offenders "where appropriate, and in accordance with their legal frameworks."

Dutch Will Decide on Marijuana Cultivation Pilot Programs By Summer. Justice Minister Ferninand Grapperhaus told parliament last Friday that ministers will publish their proposals for the planned experiment with legal marijuana cultivation this summer. The move is an effort to address the country's "back door problem," where possession and legal sales are allowed, but there is no legal provision for supply.

Vancouver Calls for Canada to Decriminalize Drugs. The city is officially calling on the Liberal federal government to immediately decriminalize the personal possession of all drugs. "What we've learned from countries, for example like Portugal, is that when you decriminalize then people are feeling like they're actually safe enough to ask for treatment," said managing director of social policy, Mary Clare Zak. "People who are dying are more likely to be indoors and struggle with accessing help or assistance because of their illicit drug use." The move comes as the city saw 33 overdose deaths in January, the highest number since last May.

Jamaica's First Marijuana Retailer is Now Open for Business. Kaya Farms in St. Ann Parish opened its doors last Saturday. It's a wellness-focused, tourist-friendly café, lounge, juice bar, and "herb house" on the island nation's north coast. Bob Marley must be smiling.

Mexico Saw More Than 29,000 Murders Last Year. The Interior Ministry has reported that there were 29,168 murders in the country last year, more than at the previous peak of prohibition-related violence in 2011 and 2012. While fighting among cartels and between various cartels and law enforcement and the military accounts for the vast majority of these killings, it's not the only cause. Still, the homicide rate is now the highest in years.

Chronicle AM: No Legal Pot Sales Init for DC, DPA Drug Decrim Portugal Trip Coming, More... (3/8/18)

DC can't have pot shops, California pot shops better get a license, Democratic contenders for statewide office in the Midwest are hopping on the marijuana bandwagon, a Brazilian prosecutor's attempt to go after a prominent marijuana scientist for "inciting drug crime" is creating a backlash, and more.

A move to let DC residents vote on allowing legal marijuana sales just hit a major roadblock. (Wikimedia)
Marijuana Policy

California Regulator Warns 900 Unlicensed Pot Shops to Get Licenses. Lori Ajax, head of the state Bureau of Cannabis Control, has sent warning letters to some 900 pot shops suspected of operating without state licenses. Violations of state law could result in criminal, civil, or administrative penalties. She also sent a cease-and-desist notice to the marijuana-location service Weedmaps telling it to stop accepting advertising from sellers that lack a permit. "Your website contains advertisements from persons offering cannabis and cannabis products for sale that are not licensed to conduct commercial cannabis activity; therefore, you are aiding and abetting in violations of state cannabis laws," Ajax wrote.

District of Columbia Blocks Local Legal Marijuana Sales Initiative. The DC Board of Elections on Wednesday disallowed a proposed voter initiative that would have legalized marijuana sales and directed 40% of resulting tax revenues to black residents. The board said allowing the initiative on the ballot would violate city law, as well as a congressional ban on taking any additional steps to lower marijuana penalties. DC law does not allow initiatives to appropriate funds, and Congress acted in 2014 to bar the city from taking any additional steps to legalize or regulate marijuana. Voters approved the legalization of possession and personal cultivation in 2014. 

Michigan's Democratic Attorney General Contenders Both Say Legalize It. Pat Miles, a former federal prosecutor seeking the Democratic Party nomination for attorney general, has announced he now supports marijuana legalization: "After careful consideration, and dialogue with activists and voters across the state, I've decided to take a stronger stance on marijuana legalization," he said. "While I've said so far that this issue is up to the voters of Michigan, which it most certainly is, I've reviewed the language of the ballot initiative to regulate marijuana like alcohol, and find it to be very thoughtful and well-written, and I support it." His main rival for the Democratic nomination, lawyer and former Wayne County assistant prosecutor Dana Nessel, already supported the legalization and regulation of marijuana.

Ohio Democratic Gubernatorial Contender Kucinich Says Legalize It. Former Cleveland mayor and US representative Dennis Kucinich, who is seeking the Democratic gubernatorial nomination, unveiled a sweeping plan to legalize marijuana on Wednesday. He called for full legalization for adults, as well as allowing medical marijuana patients to grow their own, and legalizing the production of industrial hemp. Kucinich's main contender in the race, Richard Cordray, has said legalization should be left up to the voters, while two other leading candidates, former state Supreme Court Justice Bill O'Neill and State Sen. Joe Schiavioni, both also support legalization.

Medical Marijuana

Kentucky Medical Marijuana Bill Dies. Hopes for medical marijuana this legislative session were dashed Wednesday as the House Judiciary Committee voted 14-4 to "pass over" House Bill 166. That means the bill will not be voted on until some unspecified later date, but is typically a maneuver to bury bills for the rest of the session.

Maryland House Approves Adding More Grower, Processor Licenses. The House of Delegates on Thursday approved a bill that would increase the number of licenses for medical marijuana growers from 15 to 20 and the number of licenses for processors from 15 to 25—largely in a bid to increase minority business ownership in the industry. None of the companies licensed so far has a black owner. House Bill 0002 now heads to the Senate.

Heroin and Prescription Opioids

West Virginia Legislature Kills Plan to Make Firms Report Opioid Sales. The House on Wednesday killed an amendment to an opioid bill that would have required pharmaceutical manufacturers and distributors to report the number of prescription pain relievers they shipped into the state. The amendment was offered to Senate Bill 273, which aims to curb the number of opioids prescribed in the state. That bill now awaits a final House floor vote.

Drug Testing

Rasmussen Poll Has Majority Support for Pre-Employment Drug Tests. A new Rasmussen Reports poll has 61% of respondents agreeing that drug testing should be required for applicants for all or most jobs. The poll was in response to recent news reports of a decline in pre-employment drug testing in some states due to marijuana legalization and a tighter job market. Rasmussen is often described as leaning conservative, so this number may be higher than other pollsters would report, but other pollsters haven't been asking this question.

International

Brazil's Most Prominent Marijuana Researcher Gets Targeted By Police, Protests Erupt. Veteran marijuana researcher Elisaldo Carlini, a retired professor of psychopharmacology, is under investigation for "suspicion of inciting drug crime" after a prosecutor in Sao Paulo said she saw "in theory, strong hints of incitement" in a symposium on marijuana he organized last year. He has not yet been arrested, but the investigation led to a March 1 demonstration by university students and staff to support Carlini and academic freedom. More than 50 scientific societies worldwide have signed a petition supporting him, as have 28,000 who signed on to a petition organized by the Brazilian Academy for the Advancement of Science. "In more than 60 years of an academic career, I had never been questioned by law agents — until last month," said Carlini. He said that last year’s meeting was scientific in nature and had nothing to do with inciting people to take drugs. "It’s a Kafkian situation. I wonder what they think an old man can do with marijuana."

US Delegation Heads to Portugal to Learn From Country’s Groundbreaking Drug Decriminalization Policy. A delegation of people organized by the Drug Policy Alliance who have been hit hardest by the U.S. war on drugs – from those who have been incarcerated for drug offenses to those who have lost loved ones to an overdose – are heading to Portugal March 19 – 21 to investigate the results of Portugal's nearly two-decade long experience with drug decriminalization and how those lessons might be applied here. Over 70 participants will be arriving from New York, Chicago, Los Angeles, San Francisco, North Carolina and other cities across the country, including representatives of more than 35 organizations and several media outlets that have been dedicated to covering the drug war and mass incarceration. Along for the ride will be yours truly and Stopthedrugwar.org executive director David Borden.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this 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: Good IL, MI Pot Polls, Denver Psilocybin Initiative, ACLU Targets DAs, More... (3/6/18)

Pot polls in a pair of key Midwest states are looking good, the ACLU seeks to influence district attorney races around the nation,  a Denver magic mushroom initiative is getting underway, and more.

Marijuana Policy

Illinois Poll Has Strong Support for Marijuana Legalization. A new Paul Simon Public Policy Institute poll has support for marijuana legalization at 66%, with only 32% opposed. The poll comes as a measure to hold a non-binding public referendum on legalization moves through the legislature.

Michigan Poll Has Strong Support for Marijuana Legalization. A new EPIC-MRA poll has support for a pending marijuana legalization initiative at 61%. The initiative campaign has already handed in some 365,000 signatures; it only needs 252,253 valid voter signatures to qualify for the November ballot. State officials have been counting signatures since November, but it remains unclear when they will decide the measure has qualified for the ballot or not.

Nevada Gambling Regulators Reject Ties to Marijuana Businesses. The state's Gaming Policy Committee has recommended that the gambling industry not have any business relationship wit marijuana distributors. That recommendation reflects existing policy, but the issue came up again after the state legalized weed in 2016.

New Jersey Marijuana Legalization Hearing Reveals Deep Splits. The Assembly Oversight, Refom and Federal Relations Committee heard from dozens of witnesses for and against marijuana legalization during a day-long hearing Monday. The hearing was the legislature's first step toward addressing legalization this session. Even though Gov. Phil Murphy (D) supports legalization, there was no consensus emerging from the hearing and no vote taken.

Rhode Island Report on Marijuana Legalization Released. Advocacy groups the Marijuana Policy Project and Regulate Rhode Island have released a report on legalization in the state: "How should Rhode Island legalize marijuana: Asking the right questions." The 42-page document features detailed discussion of different models for regulating marijuana for adults based on other states’ experiences and urges policymakers to consider the benefits and costs of various approaches.

Albuquerque City Council Files Bill to Decriminalize Marijuana Possession. Albuquerque City Council members Pat Davis and Isaac Benton have filed a new bill to remove criminal sanctions pertaining to possession of marijuana and marijuana paraphernalia from the city’s municipal codes. The proposed ordinance makes one ounce or less of marijuana and possession of drug paraphernalia a civil infraction with a fine of $25. A civil infraction is not considered a criminal conviction. The ordinance also takes away the potential for jail time. Currently, a person can spend more than two weeks in jail for a first offense and 90 days for a subsequent offense.

Medical Marijuana

<Idaho Senate Panel Kills Bill Allowing Use of CBD. A last-ditch effort to pass a CBD medical marijuana bill, House Bill 577, was derailed Monday amidst legislative turmoil. Sen. Tony Potts (R) accused the Republican legislative leadership of blocking action on the bill and asked Senate Health and Welfare Committee Chair Lee Heider (R) to allow a vote. That didn't happen; instead the committee approved a motion to keep the bill in committee, killing it for the year.Pennsylvania Dispensaries Facing Product Shortages. Medical marijuana dispensaries are already running out of supply less than two weeks after sales began in the state. The main reason is that only one of the state's 12 licensed growers is actually shipping product. The other reason is unexpected demand.

Psychedelics

Denver Magic Mushroom Decriminalization Initiative Getting Underway. A group calling itself Coloradans for Psilocybin has met with Denver officials about putting an initiative on the municipal ballot that would decriminalize psilocybin possession and make it law enforcement's lowest priority. Anyone caught with less than two pounds of magic mushrooms would face only a $99 ticket. The group says it will have an initiative cleared for signature gathering soon.

Drug Testing

Faced With Legal Weed, Full Employment, Employee Drug Testing is Declining Pre-employment drug testing is in decline in the face of spreading marijuana legalization and a tightening job market. The change is most evident in pot-legal states, such as Colorado, where the number of companies doing the tests declined from 77% last year to 66% now. "The benefits of at least reconsidering the drug policy on behalf of an employer would be pretty high," said Jeremy Kidd, a professor at Mercer Law School, who wrote a paper on the economics of workplace drug testing. "A blanket prohibition can't possibly be the most economically efficient policy" he told McClatchy.

Law Enforcement

ACLU Using Soros Money to Target District Attorney Races. Backed by millions of dollars from financier George Soros's Open Society Foundations, the ACLU is making a major play to influence local prosecutor races around the country. The group is planning voter education and outreach campaigns in district attorney races in California, Florida, Maine, Massachusetts, Minnesota, Oklahoma, Oregon, Vermont and possibly North Carolina and Missouri. The ACLU says it will focus on big cities with large jail populations in what it's calling its Campaign for Smart Justice. The ACLU doesn't endorse candidates, but says its goal is to raise awareness of criminal justice issues.

Chronicle AM: Non-Binding Legalization Votes, Iran Expecting Fewer Drug Executions, More... (3/1/18)

A non-binding referendum on marijuana legalization has been approved by the Illinois Senate, another such referendum bill has just been filed in Rhode Island, the Iranian justice minister said drug executions will drop dramatically, the president nominates members to the Sentencing Commission, and more.

Iran's new drug policies should result in a "dramatic" decrease in drug executions like this.
Marijuana Policy

Delaware Marijuana Report Fails to Win Task Force Approval for Release. A final report on issues surrounding marijuana legalization failed to win approval from a legislative and state official task force, but one Democratic legislator said it will be made available to the General Assembly anyway. Only 12 of the 25 task force members voted to release the report; all state cabinet representatives either were absent or abstained. Gov. John Carney (D) has said he opposes legalization.

Illinois Senate Approves Non-Binding Legalization Referendum. The Senate voted 37-13 Thursday to put a non-binding marijuana legalization referendum on the November ballot. The measure, Senate Bill 2275, now heads to the House. The question voters would be asked is: "Shall the State of Illinois legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older subject to state regulation, taxation and local ordinance?"

Rhode Island Bill to Put Non-Binding Legalization Referendum Before Voters Filed. Rep. Scott Slater (D-District 10) filed a bill Wednesday that would put the question of legalizing marijuana before the voters in a non-binding referendum. House Bill 7883 would ask voters: "Do you support the legalization of possession and use of marijuana by persons who are at least 21 years of age, subject to regulation and taxation that is similar to the regulation and taxation of tobacco and alcohol?"

Baton Rouge Moves Toward Decriminalization. The East Baton Rouge Metro Council voted Wednesday night approved a measure that would direct police to only issue summonses to people caught with less than 14 grams of weed, with the only punishment being a $40 fine, with the fine going up $20 for each subsequent offense. Under current law, those folks are looking at six months in jail. If signed by Mayor-President Sharon Weston Broome, the new law goes into effect in 30 days.

Sentencing

Trump Nominates Sentencing Commission Members. On Thursday, President Trump announced he intended to nominate five people to the US Sentencing Commission, which sets guidelines for federal sentencing. He named Judge William Pryor of Arkansas, who already sits on the commission, to be Acting Chairman. Of the four other nominees, three are sitting federal judges and one is a Georgetown University law professor who has raised eyebrows for his support of mandatory minimums.

Rhode Island Bill Would Impose Life Sentences for Drug Overdose Deaths House Speaker Nicholas Mattiello has filed House Bill 7715, which could create life sentences for people convicted of providing drugs to persons who suffered a fatal overdose. Under current state law, anyone convicted of providing drugs to a minor who overdoses an dies can get a life sentence; this bill would expand that to include life sentences no matter the age of the victim. "Anyone who is preying on individuals with an addiction, regardless of age, should be held responsible. This is not a crime restricted to the sale of drugs to a minor," Mattiello said.>

Washington State County Will Stop Prosecuting Small-Time Drug Possessors. Snohomish County Prosecutor Mark Roe has announced that his office will no longer prosecute people caught with less than two grams of any illicit drug. He said the prosecutions are time-consuming, he doesn't have enough prosecutors to keep up, and the prosecutions do little to stop drug use. Snohomish County lies between Seattle and the Canadian border.

International

Iran Justice Minister Expects Fewer Executions Under Revised Drug Law. Justice Minister Ali Reza Avai told the UN Human Rights Council on Tuesday that he expects to see drug executions shrink after reforms in the Islamic Republic's criminal code aiming to be more efficient and safeguard the rights of the accused were adopted. "In this context the counter-narcotics law was amended. As a result, executions related to drug crimes will decrease remarkably," he predicted. Iran has been one of the world's leading drug executioners.

Mexican Police Accused of Death Squad Tactics Against Drug Suspects. Prosecutors in the state of Veracruz have charged 19 police officers, including some commanders of a special anti-drug unit, of kidnapping, torturing, and murdering at least 15 people in the area. Police in marked cars would pick up suspects, but not record the arrests, instead turning them over to specialized interrogation and torture squads working at the policy academy. They were later killed and their bodies disposed of. The charges are an important step in addressing festering impunity for official crimes in the drug war. "This is the first time they have charged people in significant numbers and of significant rank and demonstrated that there was an organized, structured governmental apparatus that had an agreed-on, systemic method to carry out a policy of disappearing people," said Juan Carlos Gutiérrez, a lawyer who specializes in human rights cases. The groundbreaking thing is that prosecutors built a case by demonstrating there was a whole governmental structure that was designed to disappear people," he told the Guardian.

Chronicle AM: DOJ Targets Big Pharma Opioids, Denver Cannabis Social Club Is a First, More... (2/27/18)

Another federal marijuana rescheduling effort has bit the dust, the US attorney general announces a new front in the war on opioids, a Denver cafe will become the nation's first licensed marijuana social club, and more.

Attorney General Sessions announces a task force that will target opioid manufacturers and distributors. (senate.gov)
Marijuana Policy

Federal Judge Throws Out Marijuana Rescheduling Case. A US district court judge in Manhattan has thrown out the latest lawsuit challenging marijuana's scheduling under the Controlled Substances Act. Judge Alvin K. Hellerstein ruled Monday that plaintiffs should use administrative remedies to reschedule the substance. If they want pot's status changed, the judge held, they need to get the administration to reschedule it or get Congress to rewrite the drug law. This is at least the fifth effort to reschedule marijuana, going back to the 1970s.

Denver Approves First Social Use Club License. The Coffee Joint in Denver has become the nation's first business licensed to allow marijuana use on premises by people 21 or older. Customers will be able to vape or consume edibles that they bring to the café. The club will not allow any smoking, which, under state law, can only be permitted outdoors, and it will not sell marijuana products.

Medical Marijuana

Indiana CBD Medical Marijuana Bill Advances. The Senate Corrections and Criminal Law Committee voted 6-2 Tuesday to approve House Bill 1214, which would legalize the use of CBD cannabis oil with less than 0.3% THC. The bill would also loosen registration provisions on an existing CBD law that has so far failed to get the medicine to patients.

Oklahoma Medical Marijuana Bill Advances. The Senate Health and Human Services Committee voted 6-5 Monday to approve Senate Bill 1120, which would allow for the use of medical marijuana. The bill's sponsor, Sen. Ervin Yen (R-Oklahoma City), has implied that he filed the bill as an alternative to a medical marijuana initiative, State Question 788, that is already set for the June ballot.

Industrial Hemp

Kansas Senate Passes Hemp Bill. The state Senate voted 36-3 last Thursday to approval Senate Bill 263, which would allow the state Department of Agriculture to grow and promote the research and development of industrial hemp. The department would be able to grow its own hemp or partner with a state university, and individual farmers would be able to grow it under state license. The bill now goes to the House.

Heroin and Prescription Opioids

US Attorney General Announces Plan to Go After Opioid Manufacturers, Distributors. Attorney General Jeff Sessions announced Tuesday that he has created a Justice Department task force to that will target opioid manufacturers and distributors and hold them accountable for unlawful practices. "Opioid abuse is driving the deadliest drug crisis in American history," said Sessions at a news conference with several US attorneys. "It has strained our public health and law enforcement resources and bankrupted countless families across this country."

Chronicle AM: Trump Wants to Execute Drug Dealers, Brazil Drug War Targets Rio Slums, More... (2/26/18)

The president makes downright scary remarks about killing drug dealers, the Brazilian army and cops roar into Rio's favelas, California's Democratic Party reaffirms its support of legal pot, and more.

Iranian drug executions -- Trump's solution to the drug problem? (handsoffcain.info)
Marijuana Policy

Arizona Legalization Bill Snuffed Out. A bill that would have legalized marijuana in the state was snuffed out last week by House Judiciary and Public Safety Committee Chairman Eddie Farnswoth (R-Chandler). The measure, House Concurrent Resolution 2037 would, if passed, have put the issue directly before voters in a referendum.

California Democrats Reaffirm Commitment to Legal Marijuana, Diss Anti-Pot Feinstein. Meeting over the weekend, the California Democratic Party approved numerous platform planks in support of marijuana legalization, including one that says they "support the ongoing legalization, regulation, and taxation of cannabis in a manner similar to that of tobacco or alcohol, while prioritizing the health, education, and safety of California's communities and the country over revenue or profits." In other action, the state party failed to provide its endorsement to Sen. Diane Feinstein, who has lagged far behind other state Democrats when it comes to marijuana policy.

Maine Legalization Implementation Bill Kills Off Social Clubs, Tax Revenue Sharing. The Marijuana Legalization Implementation Committee took a final vote on the overhauled implementation bill Friday. The final version of the bill contains no provision for marijuana social clubs, nor does it allow for the sharing of marijuana tax revenues to the state with localities that allow marijuana businesses. The excise tax on wholesale marijuana is set at 21.5%, or about $335 a pound at current prices. The measure will go before the whole legislature in a few weeks.

Ohio Legalization Initiative Could Be Delayed to 2019 or 2020. At a press conference last Friday, Cincinnati businessman Jimmy Gould, the man behind the failed 2015 "monopoly marijuana" legalization initiative, said his plans to get another initiative on the ballot may not come to fruition this year. He said language for the proposed measure was not yet set and the initiative may not appear on the ballot until 2019 or 2020. The deadline to hand in enough vote signatures to qualify for the ballot this year is July 4.

Medical Marijuana

Idaho CBD Medical Marijuana Bill Advances. The House Health and Welfare Committee has approved House Bill 577, which would legalize the possession of low-THC CBD oil for medical use. The bill advanced despite the opposition of law enforcement and the Idaho Office of Drug Policy. It now heads for a House floor vote.

Sentencing

Trump Says He Wants to Execute All Drug Dealers. President Trump has been making some disturbing authoritarian and blood-thirsty private remarks about what he'd like to do to drug dealers, according to a new report from Axios. Worse yet, his dark fulminations may foreshadow some repressive policy prescriptions not too far down the road. Trump seems obsessed with fighting drugs, according to the Axios report. It cites five sources who've spoken with Trump on the subject who say "he often leaps into a passionate speech about how drug dealers are as bad as serial killers and should all get the death penalty" and that softer approaches to drug reform will never work.

Arizona Bill Would Impose Mandatory Minimums on First Time Heroin, Fentanyl Sellers. A bill that would create five-year mandatory minimum sentences for first-time heroin and fentanyl sellers passed the House last week. House Bill 2241 now heads to the Senate.

International

Brazilian Army, Rio de Janeiro Cops in Massive Anti-Drug Operation. The army and the state police have launched a massive anti-drug operation in several favelas (shantytowns) on the west side of the city, military spokesmen announced last Friday. More than 3,000 soldiers and police are taking part in the operations in Vila Alianca, Coreija, and Vila Kennedy. In the latter, there have been at least 13 shoot outs between drug traffickers and police since January. The operation started just days after an army sergeant and police commander were killed there last week.

Colombia Coca-Country Clashes Are Creating Refugee Flows. Three-way fighting between rightist paramilitaries, leftist ELN guerrillas, and the Colombian military in the coca-rich Bajo Cauca region some 80 miles north of Medellin has displaced some 1,500 people already, with the prospect of more to come. "The clashes between the armed groups continue to cause fear amongst the indigenous communities and rural populations," said the Norwegian Refugee Council, which is assisting victims of the violence.

Manila Demonstrators Protest Philippines Drug War. Thousands of marchers organized by Catholic groups took to the streets of Manila Saturday in a "walk for life" to protest the thousands of killings that have occurred under President Rodrigo Duterte's bloody crackdown on drugs. "We will not tire in walking for life even if the path ahead is winding and soaked in blood," Cardinal Luis Antonio Tagle.

Philippines Police Kill Ten in Night of Bloody Drug Raids. In the single bloodiest night of the country's drug war since police resumed participation in December, police said they killed 10 suspected drug dealers and arrested 63 more last Wednesday night. The operations took place in Bulacan, north of Manila, the capital. Police said the suspects were killed in eight separate towns during 45 "buy-bust" incidents.

Chronicle AM: Jail Populations Drop, Maine MJ Social Clubs Go Up in Smoke, More... (2/22/18)

An Arizona legalization poll has good numbers, asset forfeiture reform bills move in a couple of states, the Bureau of Justice Statistics reports on declining jail population numbers, Maine lawmakers appear ready to do away with pot social clubs the voters voted for, and more.

Jail populations have been declining for a decade. (Wikimedia)
Marijuana Policy

Arizona Poll Shows Strong Support for Legalization. A new poll from OH Predictive Insights and the Consumer Choice Center had support for marijuana legalization at nearly two-thirds. Some 62.9% of respondents supported taxing and regulating marijuana like alcohol, with 40.9% strongly supporting it. Voters in the state narrowly rejected a legalization initiative in 2016; efforts are underway to get one on the ballot this year.

Illinois Will Put Non-Binding Legalization Question on November Ballot. The Senate Executive Committee voted Wednesday to put a non-binding question on the ballot asking voters whether they would support marijuana legalization. Meanwhile, a legalization bill awaits action in the legislature.

Maine Lawmakers Erase Social Consumption. Lawmakers working to get the state's legal marijuana industry off the ground have eliminated any reference to social clubs where people can use marijuana, even though the initiative passed by voters in 2016 included them. "No other state has licensed social clubs," said Sen. Roger Katz, R-Augusta, co-chairman of the implementation committee. "This is clearly the law, but it passed by the narrowest of margins. We ought to go slow and be conservative." The move came in a straw vote Wednesday; a final committee vote is set for Friday.

West Virginia Legalization Bill Filed. A Democratic congressional candidate who is also a current state senator filed a legalization bill Monday. Sen. Richard Ojeda (D-Logan) filed Senate Bill 593, which would allow adults to possess up to four ounces at home and two ounces in public and grow up to four seedlings and four mature plants. The bill does not contemplate a system of taxed and regulated marijuana commerce.

Medical Marijuana

Indiana CBD Bill Wins Committee Vote. The House Courts and Criminal Code Committee voted Wednesday to approve Senate Bill 52, which would allow the legal sale of CBD cannabis oil with low THC levels. The bill is one of a number filed to address the state's CBD mess, which was created when the legislature passed a bill last year allowing for its use, but which left no means to legally obtain it.

Heroin and Prescription Opioids

Maryland Bill to Lengthen Prison Sentences for Opioid Overdose Deaths of Minors Gets Hearing. The House Judicial Committee held a hearing Tuesday on House Bill 649, which would impose a prison sentence of up to 30 years for anyone convicted of selling or giving heroin, fentanyl, or other opioids to a minor who then overdoses and dies. Under the bill, even sharing drugs that result in a fatal overdose by a minor could result in a conviction. No vote was taken. Similar bills have been introduced in recent years, but went nowhere.

Asset Forfeiture

Idaho House Approves Civil Asset Forfeiture Reform Bill. The House voted unanimously Wednesday to approve House Bill 447, which does not eliminate civil asset forfeiture, but does restrict it. The bill would ban police from seizing cash or property merely because it is in close proximity to an illegal substance and it would ban the seizure of vehicles unless they are connected to trafficking offenses. It also imposes new reporting requirements. The bill now goes to the Senate.

Kansas House Gives Preliminary Approval to Civil Asset Forfeiture Reform Bill. The House voted Wednesday to give preliminary approval to House Bill 2459, which doesn't end civil asset forfeiture, but would impose stricter reporting requirements on all law enforcement agencies. The bill was set for a final House vote Thursday.

Incarceration

Jail Incarceration Rate Has Declined. The Bureau of Justice Statistics announced Thursday that the percentage of US residents in jail has declined since 2012. At midyear 2016, the jail incarceration rate was 229 per 100,000 residents, down 3.4% from 2012 and down 11.2% from 2008, the year jail populations peaked. There were some 740,700 inmates in jails at midyear 2016. Nearly two-thirds (65%) of those in jail had not been convicted of a crime, but were awaiting trial.

Philadelphia DA Will Stop Jailing People Accused of Low-Level Crimes Who Can't Afford Cash Bail. District Attorney Larry Krasner said Wednesday his office will stop jailing people who can't afford to pay cash bail in minor criminal cases, including drug cases. The move is the latest in a growing movement that argues that the practice unfairly targets poor Americans. "There is absolutely no reason why someone who will show up for court, is not a risk of flight, is not a threat to their neighbors and community should sit in jail for days or weeks or months or years because they can't post a small amount of bail," said Krasner, a civil rights lawyer who ran on a liberal platform last year opposing mass incarceration. "We do not imprison the poor in the United States for the so called crime of poverty."

Chronicle AM: Call to End New Medicaid Work Requirement, Israeli Pot Decrim Advance, More... (2/20/18)

Public health, mental health, and drug reform groups call for an end to a new policy requiring Medicaid recipients to work, a key congressional Democrat calls for a progress report from Trump's opioid commission, Israeli marijuana decriminalization crosses a major hurdle, and more.

Marijuana Policy

California Bill Would Bar Pot Shops From Selling Customer Data to Third Parties. Assemblyman Evan Low (D-San Jose) has filed Assembly Bill 2402, which would ban retail marijuana shops from selling customer data to third-party vendors without the customer's consent. "The focus of this piece of legislation is around privacy," Low said. "So, while now cannabis is legal in California, there are many individuals who want to make sure that cannabis and their use of cannabis is not made public for many reasons. If you shop at retail stores, you magically start to get emails and snail mail from other similarly focused retail stores," Low added. "And so we wanted to make sure that we don't do that with cannabis without consent."

Maryland Legalization Constitutional Amendment Gets Hearing Today. The Senate Judicial Proceedings Committee held a hearing today on House Bill 1264, which, if approved, would set up a statewide referendum on marijuana legalization. The House bill was filed by Delegate David Moon (D-Takoma Park); the Senate version is sponsored by Sen. Bob Zirkin (D-Baltimore County), who heads the Senate committee hearing the bill.

Massachusetts Lawmaker Blasts Some Draft Regs. State Rep. Mark Cusack (D-Braintree), who helped write the state's legalization implementation law, has criticized the Cannabis Control Commission and some of its proposed draft regulations. He wrote to the commission saying he has "grave concerns" over draft regulations around social consumption, local control, and licensing for delivery services and micro-businesses. The local control regulations ignore state law requiring localities to first seek voter approval, he said. He also lambasted proposals for on-site consumption, saying a new referendum would have to be passed. Voters legalized marijuana in the state nearly 15 months ago now.

Medical Marijuana

Michigan Judge Strikes Down Detroit Medical Marijuana Initiative. A Wayne County circuit court judge last Friday overturned a voter-approved initiative that would have relaxed restrictive local controls on medical marijuana businesses in the city. Proposal B would have allowed pot shops and processing businesses in all business and industrial districts, including downtown and Midtown. The judge cited state court precedent that zoning questions could not be decided by voter initiatives.

Industrial Hemp

Alaska House Passes Hemp Bill. The House on Monday approved Senate Bill 6, which legalizes industrial hemp and establishes a pilot program for its growth and production. The Senate has already approved the bill, but since the House amended the bill, it now goes back to the Senate for a final concurrence vote.

Drug Testing

Massachusetts Lab Forfeits $1 Million for Unnecessary Drug Tests. State Attorney General Martha Healey (D) announced last Friday that Precision Testing Laboratories, Inc. will forfeit more than a million dollars to settle claims it billed for medically unnecessary drug tests. It paid $400,000 to Massachusetts and will pay more than $650,000 to Connecticut. The lab will also be barred from participating in the two states' Medicaid programs for the next 10 years. The company had promoted itself as providing urine drug testing services to people in recovery, but that it used very expensive drug tests and "aggressively marketed an expensive and unnecessarily complex drug testing package to sober houses, despite the fact that they knew that the tests were for residential sobriety monitoring, a violation of MassHealth regulations."

Missouri Bill Would Criminalize Synthetic Urine. State Rep. Nate Tate (R-St. Clair) has filed a bill that would make the sale of synthetic human urine a criminal offense. Under House Bill 1810, all drug test-cheating products would be banned, and anyone who provides them with the intent to defraud a drug test would be subject to a Class B misdemeanor. Prosecutors like the bill.

Drug Treatment

Public Health, Drug Reform Groups Protest Federal Policy Imposing Work Requirements on Medicaid Recipients. More than 160 organizations in the public health, mental health, addiction treatment, and drug reform fields have sent a letter to Health and Human Services Secretary Alex Aszar decrying the new federal policy. They argue the policy would hinder access to Medicaid by people with chronic health problems, especially those fighting substance abuse and mental health disorders. "This is deeply troubling given the devastating and escalating opioid overdose crisis that President Trump has designated as a national public health emergency," the letter said.

Heroin and Prescription Opioids

Leading Congressional Democrat Wants Hearing on Trump's Opioid Panel's Progress. Rep. Elijah Cummings (D-MD), the top Democrat on the House Oversight and Government Reform Committee, sent a letter to committee Chairman Rep. Trey Gowdy (R-NC) last Friday urging him to request that presidential counselor Kellyanne Conway brief the committee on the work done by the president's opioid commission. "I understand that President Trump has designated Kellyanne Conway as his point person on this issue, so her input would help the Committee with its ongoing efforts to evaluate the status of the Commission's recommendations," Cummings wrote.

International

Israeli Marijuana Decriminalization Advances. The Ministerial Committee for Legislation has approved a bill that would decriminalize the possession of small amounts of marijuana. Under the bill, people caught with pot would pay a $282 fine and would not be subject to arrest until a fourth offense. Legalizatin advocate MK Tamar Zandberg (Meretz), who heads the Knesset Committee on Drug and Alcohol Abuse, was pleased: "When we started our struggle, people disrespected us, but the Ministerial Committee's decision today is proof that a real, persistent struggle succeeds in the end," said Zandberg. "This bill is far from being perfect, but it is a foot in the door on the way to full legalization."

Medical Marijuana Update

State legislatures are in session and things are getting busy on the medical marijuana front, from CBD bills in Iowa to employment protection bills in California.

California

Last Wednesday, a bill that would provide employment protections for medical marijuana patients was filed. 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.

Florida

On Monday, lawmakers shamed regulators over the medical marijjuana program. A joint legislative oversight committee tore into state medical marijuana czar Christian Bax. The Joint Administrative Procedures Committee used four separate unanimous votes to clarify its displeasure with rules and regulations promulgated by the Office of Medical Marijuana Use. Lawmakers are also unhappy that the office failed to respond to more than a dozen letters from lawmakers over the past four months identifying problems with the rules.

Illinois

Last Wednesday, a bill to let opioid patients get temporary medical marijuana cards advanced. The Senate Executive Committee approved Senate Bill 336. The bill would allow people who have been prescribed opioids to apply for a temporary medical cannabis card. If passed, those prescribed opioids would be able to participate in the program if their applications are approved by the state. The background check and fingerprinting process normally required for applicants of the program would also be waived that first year because of the urgency of the crisis.

Iowa

On Monday, a new poll had overwhelming support for medical marijuana. A new Selzer & Company poll has 78% in favor of medical marijuana, with 19% opposed, figures that are roughly unchanged over the past couple of years. What has changed is support for recreational marijuana, now at 39%, up from 28% four years ago.

On Tuesday, a CBD medical marijuana expansion bill advanced.The Senate Judiciary Committee voted 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.

Nebraska

On Monday, a new poll had strong support for medical marijuana. A new Nebraska poll has 77% of respondents saying they would support allowing doctors to prescribe medical marijuana. Some 52% said they would definitely vote yes, while 22% would probably vote yes, and 3% were undecided but leaning toward yes. The poll comes as the legislature ponders a bill that would allow voters to weigh in on a constitutional amendment allowing medical marijuana.

New Mexico

On Monday, lawmakers rallied to support medical marijuana in the fight againt opioids. Lawmakers and supporters gathered at the state capitol in Santa Fe to urge state officials to add opioid addiction to the list of disorders qualifying for medical marijuana. And advisory panel has twice considered petitions seeking to add medical marijuana as a tool against opioid abuse, the most recent last November, but the state Health Department has yet to act.

Pennsylvania

On Tuesday, the governor announced when the first dispensary sales would begin. 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.

Texas

Last Thursday, the state got its first dispensary, but it's CBD only. Compassion Cultivation opened in Austin. It's the first dispensary to open under the state's CBD cannabis oil medical marijuana law. The state saw its first cannabis oil delivery to a patient earlier this week.

Utah

Last Friday, the House failed to pass a crucial medical marijuana measure. The House voted to pass one medical marijuana bill, but failed to pass a crucial companion bill. The House passed House Bill 195, allowing terminally ill patients to use medical marijuana, but then failed to pass House Bill 197, which would have actually implemented the law by instructing the state Department of Agriculture and Food to write rules on growing marijuana and contract with a third party grower to grow the plant. "One is dependent on the other," said the bills' sponsor, Rep. Brad Daw (R-Orem), who is now second-guessing his decision to file the two bills separately. "Maybe it was the wrong policy, maybe it was the wrong decision." Meanwhile, a campaign to put a medical marijuana initiative before the voters in December is well underway.

On Tuesday, the House revived and passed a crucual 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.

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

Chronicle AM: New Drug Czar Nominee, Purdue Pharma Stops Marketing Opioids to Docs, More... (2/12/18)

Good marijuana polling in Florida and New York, record marijuana sales in Colorado, the White House nominates a new drug czar, Purdue Pharma makes a big announcement, and more.

Purdue Pharma, the manufacturer of Oxycontin says it will no longer market its opioid products to doctors. (Wikimedia.org)
Marijuana Policy

Sessions Slams Colorado GOP Senator in Fight Over Marijuana. Sen. Cory Gardner (R-CO) has been sticking up for his state by blocking Department of Justice nominees from consideration until Attorney General Sessions backs away from his decision to rescind Obama-era guidance to prosecutors allowing states to generally implement marijuana legalization without federal interference. And Jeff Sessions doesn't like it. He went after Gardner -- without mentioning his name -- in a speech at the National Sheriffs' Association Monday. "Too often, we've seen bad judgements, even politics enter into the work that we do," Sessions complained. "We're trying to confirm a number of important component heads at the Department of Justice. It's just getting to be frustrating, I've gotta tell you. Our nominee to the National Security Division -- the anti-terrorism division -- was approved unanimously in the committee. But because right now one senator's concerns over unrelated issues -- like reversing federal law against marijuana -- we can't even get a vote."

Colorado Sold a Billion and Half Dollars' Worth of Marijuana Last Year. It was a record-breaking year for the Rocky Mountain State. The Department of Revenue reported last Friday that legal marijuana sales topped $1.51 billion last year, with $1.09 billion coming from adult use sales and $416.52 million coming from medical marijuana sales. Those sales generated more than $247 million in taxes and fees for the state.

Florida Poll Has Healthy Majority for Legalization. A new poll from the University of North Florida finds that 62% of registered voters would back a state law regulating marijuana like alcohol, and 45% said they would "strongly support" such a law. The poll comes weeks after backers of a legalization initiative in the state conceded they did not have enough signatures to qualify for the ballot.

Massachusetts DAs Want Licenses Delayed for Cannabis Cafes, Delivery Services. In a letter last Friday to the Cannabis Control Commission, the Massachusetts District Attorneys Association called on the commission to hold off on issuing licenses for cannabis social clubs and delivery services. "We have security concerns for these businesses, their employees and their customers," the prosecutors wrote. "Moreover, these businesses heighten our concerns relative to such issues as operating under the influence, increased marijuana access by persons under the age of 21, theft and diversion to the black market." The DAs also warned that immediately licensing such businesses would be "irresponsible, ill-informed, and dangerous."

Michigan Legalization Initiative Campaign Sees Organized Opposition. A political action committee has been formed to oppose the state's legalization initiative, which is currently awaiting confirmation that it has met signature-gathering requirements to appear on the November ballot. The Healthy and Productive Michigan Committee has $150,000, courtesy of a donation from anti-legalization crusader Kevin Sabet and his group Smart Approaches to Marijuana. Sabet says there could be more money coming, too.

New York Poll Has Healthy Majority for Marijuana Legalization. A Siena College released Monday has support for marijuana legalization at 56%. The figure was 60% for New York City, 55% for downstate suburbs, and even 52% in conservative upstate. Three-quarters of voters under 35 supported legalization, while voters 55 and older were evenly split. The poll comes as Gov. Andrew Cuomo (D) is proposing a study to examine whether the state should legalize the weed.

Medical Marijuana

Utah House Fails to Pass Crucial Medical Marijuana Measure. The House last Friday voted to pass one medical marijuana bill, but failed to pass a crucial companion bill. The House passed House Bill 195, allowing terminally ill patients to use medical marijuana, but then failed to pass House Bill 197, which would have actually implemented the law by instructing the state Department of Agriculture and Food to write rules on growing marijuana and contract with a third party grower to grow the plant. "One is dependent on the other," said the bills' sponsor, Rep. Brad Daw (R-Orem), who is now second-guessing his decision to file the two bills separately. "Maybe it was the wrong policy, maybe it was the wrong decision." Meanwhile, a campaign to put a medical marijuana initiative before the voters in December is well underway.

Heroin and Prescription Opioids

Oxycontin Maker Will Quit Marketing Opioids to Doctors. Purdue Pharma, the manufacturer of Oxycontin, announced last Friday that it will stop marketing its opioid products to doctors. The move has been a key demand of numerous lawsuits blaming the company for helping to trigger the current wave of opioid misuse. Purdue said it had eliminated more than half its sales staff and will no longer send sales people to doctors' offices to discuss opioid drugs.

Drug Policy

Trump Nominates White House Staffer to Head Drug Czar's Office. The White House confirmed last Friday that White House staffer Jim Carroll has been nominated to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Carroll has been a top aide to White House chief of staff John Kelly. Before that, he was an executive at Ford Motor Company, and before that, he was an assistant state prosecutor in Fairfax, Virginia, where he prosecuted some drug cases. He appears to have no public health experience. The drug czar's office has been empty throughout the Trump administration -- a previous nominee, Tom Marino, was forced to step down after he was linked to a bill DEA officials said limited their ability to prosecute corporate opioid cases -- and just last week, the administration once again threatened to drastically cut its budget.

International

Philippine Senator Jailed for Opposing Duterte's Drug Crackdown Calls on Him to Support ICC Probe of Drug War Deaths. Sen. Leila de Lima, who has been imprisoned for a year now on trumped up charges for opposing President Rodrigo Duterte's bloody drug war, challenged Duterte in a statement Saturday to support a probe by the International Criminal Court into "the rash of extrajudicial killings" unleashed by Philippines police. "Thousands of Filipinos are getting killed, and sadly, President Duterte remains unperturbed," said De Lima. "He chooses to ignore reports of glaring human rights violations and abuses by police and security forces who put law in their hands instead of facing the issue head-on. If he has nothing to hide, then it's high time for the President to support the independent investigation into the human rights violations and abuses incessantly happening under his regime," she added.

Britain's West Midland Police Announce Plan for Prescription Heroin, Safe Injection Sites. West Midlands Police and Crime Commissioner David Jamieson has proposed allowing the provision of medicinal heroin to users unresponsive to other treatments, as well as a panoply of harm reduction measures, including "special consumption rooms," or safe injection sites. Jamieson said he hoped to see the proposals implemented by 2020.

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