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Medical Marijuana Update

The House has approved allowing members of the military to use hemp and CBD products, an Idaho medical marijuana initiative campaign is threatening to sue the state over signature-gathering, and more.

National

House Approves Hemp, CBD Use for Military Members. The House Monday approved an amendment to the National Defense Authorization Act by Rep. Tulsi Gabbard (D-HI) that would allow service members to use hemp and CBD products. "The Secretary of Defense may not prohibit, on the basis of a product containing hemp or any ingredient derived from hemp, the possession, use, or consumption of such product by a member of the Armed Forces," the amendment says. The bill now must be approved by the Senate.

Arkansas

Arkansas Medical Marijuana Growers Sue to Keep Out Competition. Five companies with medical marijuana cultivation permits are suing to stop three more cultivation licenses from being issued. The growers argue that the new licenses issued in June violated state law because the law requires they only be issued if the original permit holders couldn't meet patient demand.

Florida

Florida Supreme Court Asks for Rare Second Round of Arguments in Medical Marijuana Case. In a rare move, the state's high court last Tuesday ordered a second round of arguments in a battle about whether the state has properly carried out a 2016 constitutional amendment that broadly legalized medical marijuana. The case is a lawsuit filed by Florigrown, a Tampa company that has questioned whether a 2017 law passed to implement the voter-approved constitutional amendment is itself constitutional. The case centers on parts of the law around licensing companies to operate in the industry.

Idaho

Idaho Medical Marijuana Initiative Campaign Threatens to Sue Over State's Refusal to Allow Electronic Signature-Gathering. The Idaho Cannabis Coalition, the people behind a medical marijuana initiative, is now threatening to sue state officials if they continue to block activists from collecting signatures electronically. The move comes after a federal court ruled that an unrelated initiative campaign could move ahead with electronic signature-gathering. The medical marijuana campaign sent a letter to state officials Monday saying that while it "has no interest in litigation," it will sue if the state does not respond to its request by Thursday.

CA Marijuana Arrests Decline But Disparities Persist, AR MedMJ Growers Sue to Block Competition, More... (7/17/20)

California marijuana felonies are at the lowest level since 1954, Argentina moves to make its medical marijuana program more patient-friendly, and more.

Black and Hispanic Californians are still more likely to be arrested for marijuana than whites. (Creative Commons)
Marijuana Policy

California Felony Marijuana Arrests Decline After Legalization, But Racial Disparities Persist. Felony marijuana arrests continued to decline in the wake of legalization, dropping from 1,617 in 2018, the first year of broad legalization, to 1,181 last year, a decline of 27%. But minorities remained subject to disproportionate arrests, with Hispanics accounting for 42%, Blacks for 22%, and whites at 21%. The percentage of Black and Hispanic arrests "is troubling, especially now that we've legalized it," said Ellen Komp, deputy director of the California arm of the National Organization for the Reform of Marijuana Laws. "It's legal if you have the venture capital to open up on Main Street." The number of felony arrests last year marked the lowest figure since 1954, NORML said.

Medical Marijuana

Arkansas Medical Marijuana Growers Sue to Keep Out Competition. Five companies with medical marijuana cultivation permits are suing to stop three more cultivation licenses from being issued. The growers argue that the new licenses issued in June violated state law because the law requires they only be issued if the original permit holders couldn't meet patient demand.

International

Argentina to Allow Home Cultivation, Pharmacy Sales for Medical Marijuana. The Health Ministry on Wednesday met with stakeholders Wednesday to finalize details on draft regulations for medical marijuana cultivation and sales. The draft regs will allow for home cultivation by patients and the sale of oils and topicals by local pharmacies. The regs also guarantee access to medical marijuana for all patients free of charge. The new regulations are aimed at addressing deficiencies in the country's 2017 law that legalized medical marijuana, but failed to adequately cover patient needs.

Medical Marijuana Update

All the medical marijuana news is from the Keystone State this week. 

Pennsylvania

Pennsylvania Supreme Court Rules Counties Can Ban Probationers from Using Medical Marijuana. The State Supreme Court ruled Thursday that counties may not ban people on probation or parole from using medical marijuana if they are registered in the state medical marijuana program. In a unanimous decision, the court noted that people in the program are immune from “arrest, prosecution or penalty in any manner” under state law, even if they are under a court’s supervision. “In Pennsylvania, as elsewhere, the political branch has decided to permit patients — including probationers — to use medical marijuana for specified, serious medical conditions, upon a physician’s certification,” the court said in its opinion.

Pennsylvania Bill Would Require Police to Prove Actual Impairment Before Charging Medical Marijuana Patients With DUI. A Republican state senator, Camera Bartolotta, has filed a bill aimed at protecting medical marijuana patients from being prosecuted for driving under the influence. The bill does so by exempting patients from the state's DUI law, which requires only the presence of marijuana metabolites to garner a DUI ticket. Instead, police would have to prove that the patient driver is actually impaired.

NJ Assembly Passes Criminal Justice Reform Package, MT Pot Legalization Campaign Hands in Signatures, More... (6/19/20)

Montana campaigners handed in what should be enough signatures to get marijuana legalization measures on the ballot, the New Jersey Assembly quickly passed a package of criminal justice reform bills, Houston's police chief is facing mounting pressure to release a report on a deadly drug raid, and more. 

Montana has a good shot at getting a chance to vote on marijuana legalization in November. (Creative Commons)
Marijuana Policy

Montana Marijuana Legalization Initiative Campaign Hands in Signatures. New Approach Montana, the group behind the I-190 marijuana legalization initiative and the CI-118 constitutional amendment to set the legal age for marijuana at 21, announced Friday that it had turned in more than 52,000 raw signatures for the initiative (it needs 25,000 valid voter signatures) and 80,000 signatures for the amendment (it needs 50,000 valid voter signatures). Now it's nail-biting time as organizers wait for the state to see if they came up with enough good signatures.

Medical Marijuana

Pennsylvania Supreme Court Rules Counties Can Ban Probationers from Using Medical Marijuana. The State Supreme Court ruled Thursday that counties may not ban people on probation or parole from using medical marijuana if they are registered in the state medical marijuana program. In a unanimous decision, the court noted that people in the program are immune from “arrest, prosecution or penalty in any manner” under state law, even if they are under a court’s supervision. “In Pennsylvania, as elsewhere, the political branch has decided to permit patients — including probationers — to use medical marijuana for specified, serious medical conditions, upon a physician’s certification,” the court said in its opinion.

Criminal Justice

New Jersey Assembly Passes Package of Eight Criminal Justice Reform Bills. During a 90-minute teleconference vote Thursday, the Assembly passed eight bills dealing with criminal justice reform, all by unanimous or near unanimous votes. The subject matter of the bills ranges from increased transparency for police personnel files, improved data gathering, making a racially based false police report a crime, minority recruitment, heightened diversity training, ending the use of chokeholds, and easing identification requirements for juror lists. Now, it's up to the Senate to act.

Law Enforcement

Houston Police Chief Faces Growing Pressure to Release Internal Audit of Deadly Drug Raid. Police Chief Art Acevedo is under pressure from a growing chorus of elected officials to release the findings of an internal audit on his department’s narcotics division, arguing that the chief’s refusal to do so contradicts his vows to be transparent and accountable. Acevedo ordered the probe in the wake of 2019 raid that left two innocent homeowners dead and four officers wounded. The officer in charge of that raid, Gerald Gaines, was accused by investigators of lying to get the warrant use in the raid and now faces murder charges. Now, in the wake of the George Floyd killing, elected officials are demanding to see that audit.

Senate GOP Unveils Policing Reform Bill, Seattle Moves to End Drug-Related Loitering Charges, More... (6/17/20)

The Pennsylvania Supreme Court clarifies that state officials can't order drug tests as part of child welfare investigations, Senate Republicans roll out their version of a police reform bill, and more.

Tennessee Rep. William Lamberth (R), who blocked a resolution honoring a murdered black girl because... marijuana.

Marijuana Policy

Sole Tennessee Lawmaker Blocks Resolution to Honor Murdered Teen Over Alleged Marijuana Sale. A resolution honoring the life of 17-year-old black girl Ashanti Posey, who was fatally shot in April, was blocked by a single Republican lawmaker, Rep. William Lamberth, who said he could not support the measure because she had allegedly been involved in a low-level marijuana deal before she was killed. The resolution required unanimous consent and had already passed the state Senate. Lamberth's one-man veto sparked angry cries of "black lives matter" in the chamber, and some lawmakers walked out in protest.

Drug Testing

Pennsylvania Supreme Court Rules State Officials Can't Order Drug Tests as Part of Child Welfare Investigations. In a case involving a Republican district attorney accused of child abuse, the state's highest court has ruled that state officials may not order drug tests as part of a child welfare investigation. The court held unanimously that the state's Child Protective Services Law does not "expressly or implicitly authorize collecting samples of bodily fluids, without consent, for testing." The child welfare agency in Fayette County had been requiring such tests despite the lack of a legal basis for doing so. Now, it has stopped.

Law Enforcement

Seattle City Council Takes Up Bill to End Loitering Charges Related to Drugs, Prostitution. Councilmember Andrew Lewis filed a pair of bills Monday to eliminate the charge of loitering when used to try to enforce drug or prostitution laws. Loitering laws, which emerged as part of the war on drugs in the last century, allow police to arrest people they merely suspected of being drug dealers or prostitutes. The bill has support from some other council members, as well as City Attorney Pete Holmes, who helped draft it. "This is an outdated, and frankly racist policy in our City's municipal code." Councilmember Tammy Morales said. "By repealing this part of the code we are assured that drug offenders and sex workers will be treated humanely and not criminalized." The bills go to a vote at the council's next meeting on Monday.

Law Enforcement

Senate Republicans Unveil Policing Reform Bill. Senate Republicans on Wednesday rolled out their version of a police reform bill, which is called the Justice Act. Democrats in the House last week filed their version of a police reform bill, the Justice in Policing Act of 2020. The Republican bill would discourage but not ban tactics such as no-knock warrants or chokeholds, while the Democrats take a tougher approach. The Democratic plan mandates certain policing practices, while the Republican plan avoids such mandates, instead incentivizing law enforcement agencies to curtail such practices by withholding federal funding for departments that allow them or do no report on them.

Medical Marijuana Update

The Department of Health and Human Services is messing with Maine's mental health grants because it allows medical marijuana use by students, a ban on potentially kiddie-enticing edibles is headed for the Missouri governor's desk, and more.

Maine

Maine Loses Federal Mental Health Grants Because of Medical Marijuana. The federal government is cutting off $3.3 million in already approved funding for student mental health services because state law allows students access to medical marijuana. State education officials said "a new requirement" at the federal level cut off the funding for the ongoing program "because of our state's medical marijuana law, which requires schools to allow students who have written certification from their medical provider indicating their need for medical marijuana to receive such treatment while at school." The federal agency making the change is the Department of Health and Human Services.

Missouri

Missouri Lawmakers Approve Bill to Ban Edibles Attractive to Children. Both the House and the Senate voted late last week to approve House Bill 1682, which would ban the sale of edible medical marijuana shaped like fruit, gummy bears, cartoons, or other characters that might be attractive to children. Circles, squares, and other shapes would be okay, though. The bill now goes to the desk of Gov. Michael Parson (R).

Pennsylvania

Pennsylvania Court Rules Worker Fired After CBD Use Caused Failed Drug Test Can Receive Unemployment Benefits. A Commonwealth Court panel has ruled that a health care worker who used legal CBD oil to ease her cancer symptoms, subsequently failing a drug test and getting fired, is entitled to unemployment compensation. The court held that even though CBD is derived from marijuana, the woman violated neither the law nor any work rule of her employer by using it. The decision confirms an earlier ruling by the Unemployment Compensation Board of Review, which was appealed by the employer, Washington Health.

Amnesty International on Cambodia Drug War Abuses, Deadly Botched Drug Raid in Louisville, More.... (5/13/20)

Coronavirus hobbles yet another drug reform initiative, Amnesty International goes after Cambodia's drug war human rights abuses, and more.

Louisville drug raid victim, EMT Breonna Taylor (Handout)
Marijuana Policy

Ohio Marijuana Legalization Initiative Suspends Campaign Due to Coronavirus. The Ohio Regulate Marijuana Like Alcohol campaign is suspending its efforts to get on the November 2020 ballot. The group's initial petition was rejected by state officials, and the group has struggled with signature-gathering amidst social distancing measures inspired by the pandemic. "We made the decision early on that the health of our volunteers, supporters, medical marijuana patients and the general public would be our primary concern," said Tom Haren, a spokesman for the campaign. "As Ohio begins the process of reopening, we are evaluating our options and hope to have more to share soon." The campaign would need more than 450,000 valid voter signatures by July1 in order to make the ballot.

Medical Marijuana

Pennsylvania Court Rules Worker Fired After CBD Use Caused Failed Drug Test Can Receive Unemployment Benefits. A Commonwealth Court panel has ruled that a health care worker who used legal CBD oil to ease her cancer symptoms, subsequently failing a drug test and getting fired, is entitled to unemployment compensation. The court held that even though CBD is derived from marijuana, the woman violated neither the law nor any work rule of her employer by using it. The decision confirms an earlier ruling by the Unemployment Compensation Board of Review, which was appealed by the employer, Washington Health.

Law Enforcement

Family of Louisville Woman Killed in Botched Drug Raid Files Lawsuit. A 26-year-old black Louisville woman who worked as an EMT was killed March 13 when police executing a no-knock search warrant for drugs shot her eight times after taking fire from her boyfriend, another apartment resident. Now, the family of Breonna Taylor has filed a lawsuit accusing officers of wrongful death, excessive force, and gross negligence. The lawsuit alleges that the man police were seeking did not live in the apartment and was already in custody when the raid took place. None of the officers involved have been charged in the shooting, but Taylor's boyfriend, who was not injured in the incident, now faces charges of first-degree assault and attempted murder of a police officer.

International

Amnesty International Denounces Cambodia Drug War Excesses. The Cambodian government's three-year long "war on drugs" campaign has fueled a rising tide of human rights abuses, dangerously overfilled detention facilities, and led to an alarming public health situation -- even more so as the COVID-19 pandemic unfolds -- while failing in its stated objective of curbing drug use, a new investigative report by Amnesty International published Wednesday charges. The new 78-page report, Substance abuses: The human cost of Cambodia's anti-drug campaign, documents how the authorities prey on poor and marginalized people, arbitrarily carry out arrests, routinely subject suspects to torture and other forms of ill-treatment, and dispatch those who can't buy their freedom to severely overcrowded prisons and pseudo "rehabilitation centers" in which detainees are denied healthcare and are subjected to severe abuse. "Cambodia's 'war on drugs' is an unmitigated disaster -- it rests upon systematic human rights abuses and has created a bounty of opportunities for corrupt and poorly-paid officials in the justice system," said Nicholas Bequelin, Regional Director at Amnesty International.

Medical Marijuana Update

There's a push on to allow state-legal marijuana businesses to get pandemic aid relief, Arkansans are heading across the state line for cheaper, more accessible medical marijuana, and more.

National

Marijuana Associations and Credit Unions Call for Federal Coronavirus Relief for Marijuana Businesses. Some 30 marijuana trade organizations and credit unions sent a letter to congressional leaders Tuesday urging them to work to provide marijuana businesses with access to federal relief funds related to the coronavirus pandemic. Because marijuana remains federally illegal, such businesses are specifically excluded from the relief program under already approved relief packages. The coalition argues that Congress should either issue pandemic relief block grants for the states to decide on their own how to allocate funds, or change current relief aid eligibility requirements to allow marijuana businesses access to those funds,

Arkansas

Arkansas Medical Marijuana Patients Cross into Oklahoma for Cheaper, More Accessible Medicine. Medical marijuana patients in the state are heading across the state line to Oklahoma to get their medicine, according to local media reports. They can buy equivalent products for half the cost in Oklahoma, and that state does not have a limited list of qualifying conditions. Instead, it only requires a doctor's recommendation.

Michigan

Michigan Supreme Court Says Medical Marijuana Law Does Not Overrule Local Zoning Ordinances. Breaking with previous Court of Appeals ruling, the state Supreme Court ruled Monday that the state's medical marijuana law doesn't override local zoning ordinances. The township of Byron had barred registered caregivers from growing on a commercial property, and the high court upheld its ability to do so.

Coronavirus Doesn't Halt Colombia Coca Offensive, MT Court Hears Pleas for Electronic Signature-Gathering, More... (4/29/20)

Whether Montana marijuana legalization campaigns can use electronic signature-gathering is now in the hands of a state judge, an Indiana judge orders the return of a Land Rover whose case changed federal asset forfeiture law, Colombia's campaign against coca continues despite the pandemic, and more.

The Colombian government isn't letting a nationwide coronavirus curfew interfere with its war on coca producers. (Pixabay)
Montana Court Hears Arguments Over Electronic Signature-Gathering for Marijuana Legalization Initiative. New Approach Montana, the group behind a pair of marijuana legalization initiatives, was in Lewis and Clark County District Court Tuesday in an effort to win permission to do electronic signature-gathering amidst the coronavirus pandemic. The group says the state's stay-at-home order and continued social distancing directives make it nearly impossible to gather enough in-person signatures to qualify their petitions for the November ballot. The hearing itself was held by telephone, a point New Approach's lawyer emphasized when arguing its case. Attorneys for the state argued against allowing electronic signature gathering, saying there is not enough evidence it can be done securely and that the group's injury was self-inflicted because it had not yet started signature gathering. Initiative-190 would legalize the use of recreational marijuana in the state. It requires over 25,000 valid voter signatures to appear on November's ballot. Constitutional Initiative-118 aims to amend the state constitution to set the age of marijuana consumption and possession at 21. It needs almost 51,000 valid voter signatures.

Asset Forfeiture

Indiana Judge Orders Return of Seized Land Rover That Led to US Supreme Court Asset Forfeiture Case. An Indiana Superior Court judge on Monday ordered the state to "immediately release" a seized Land Rover in a case that made history in the US Supreme Court when the court used it to overturn Indiana's civil asset forfeiture law, saying the seizure was disproportionate to the offense. The ruling comes seven years after police seized Tyson Timbs' $41,000 Land Rover when he was charged with a drug felony. But the state is continuing to appeal the case, so that "immediate release" is not going to happen just yet.

International

Colombia Carries on Major Offensive Against Coca Producers Amidst Pandemic Curfew. Although President Ivan Duque declared a nationwide curfew on March 24 to fight the coronavirus pandemic, massive military operations aimed at eradicating small producer coca plantations are continuing unimpeded. In the departments of Antioquia and Chocó, Norte de Santander, Nariño, Putumayo, and Caquetá, military and civilian eradication personnel are engaged in eradication efforts.

Swiss Parliament Passes Motion to Authorize Cannabis Production and Export. The Swiss Parliament has passed a measure that will allow producers in the country to export low-THC hemp, and doctors to prescribe medical marijuana directly. Currently, would-be patients must obtain prescriptions for the Federal Office of Public Health, an expensive and time-consuming process. The new law is expected to come into force sometime in the middle of next year. It will also include a pilot program for recreational use. The measure still has to be approved by the Council of States before it can proceed.

US Virgin Islands Governor Urges Passage of Legalization Bill, Call for Pandemic Relief for Marijuana Businesses, More... (4/28/20)

The clamor grows for including state-legal marijuana businesses in coronavirus pandemic in federal economic relief packages, Arkansas medical marijuana patients are heading to Oklahoma for cheaper prices and easier access, and more.

Will state-legal marijuana businesses ever get any coronavirus pandemic relief money? (Creative Commons)
Marijuana Policy

US Virgin Islands Governor Revises Marijuana Legalization Bill, Urges Quick Passage. Territorial Gov. Albert Bryan Jr. (D) is pushing the legislature to move quickly to approve a revised marijuana legalization bill, saying the action could help generate needed tax revenues from marijuana sales during the coronavirus pandemic. "We have taken the time to gather further public input as well as address the concerns of the individual legislators," the governor said during a COVID-19 update on Monday. As the economic disaster, the last few weeks has affected the [Government Employees Retirement System] greatly, it is our hope that we can have a greater sense of exigency in implementing all the things that can help us regain solvency."

Marijuana Associations and Credit Unions Call for Federal Coronavirus Relief for Marijuana Businesses. Some 30 marijuana trade organizations and credit unions sent a letter to congressional leaders Tuesday urging them to work to provide marijuana businesses with access to federal relief funds related to the coronavirus pandemic. Because marijuana remains federally illegal, such businesses are specifically excluded from relief program under already approved relief packages. The coalition argues that Congress should either issue pandemic relief block grants for the states to decide on their own how to allocate funds or change current relief aid eligibility requirements to allow marijuana businesses access to those funds.

Medical Marijuana

Arkansas Medical Marijuana Patients Cross into Oklahoma for Cheaper, More Accessible Medicine. Medical marijuana patients in the state are heading across the state line to Oklahoma to get their medicine, according to local media reports. They can buy equivalent products for half the cost in Oklahoma, and that state does not have a limited list of qualifying conditions. Instead, it only requires a doctor's recommendation.

Michigan Supreme Court Says Medical Marijuana Law Does Not Overrule Local Zoning Ordinances. Breaking with previous Court of Appeals ruling, the state Supreme Court ruled Monday that the state's medical marijuana law doesn't override local zoning ordinances. The township of Byron had barred registered caregivers from growing on a commercial property, and the high court upheld its ability to do so.

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