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Asset Forfeiture

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NH Bill Would Legalize Psychedelics, Federal Bill Would Ensure Gun Rights for MedMJ Patients, More... (1/17/23)

A New York bill would end civil asset forfeiture, a Utah bill would decriminalize fentanyl test strips, and more.

Evo Morales may no longer be president of Bolivia, but he still has his eye on the region. (Creative Commons)
Medical Marijuana

GOP Congressman Files Bill to Protect Gun Rights of Medical Marijuana Patients. The first piece of marijuana reform legislation in the new Congress is a bill that would allow medical marijuana patients to purchase and possess firearms. Sponsored by Rep. Alex Mooney (R-WV), along with Congressional Cannabis Caucus co-chair Rep. Brian Mast (R-FL) and Rep. Thomas Massie (R-KY), the Second Amendment Protection Act seeks to amend federal law around the "sale, purchase, shipment, receipt, or possession of a firearm or ammunition by a user of medical marijuana." Under current law, people who use marijuana can't buy or possess guns because they're considered to be "an unlawful user of or addicted to"a federally controlled substance. Mooney filed a similar bill in 2019, but it did not advance.

Psychedelics

New Hampshire Bill to Legalize Possession of Psychedelics Filed. Rep. Kevin Verville (R) has filed House Bill 328, which states that the "possession or use of a hallucinogenic drug by a person 21 years of age or older shall not be an offense."It would also reduce penalties for LSD manufacturing and possession by people under 21. The bill does not name specific drugs, but state statute lists mescaline, peyote, psilocybin, and LSD as examples of hallucinogenic substances. The bill has been referred to the House Criminal Justice and Public Safety Committee.

Asset Forfeiture

New York Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. Assemblywoman Pamela Hunter (D) and eight Democratic cosponsors have filed Assembly Bill 641, which would end civil asset forfeiture in the state and replace it with a criminal process. Passage of the bill would also effectively opt the state out of a program that allows police to circumvent more strict state forfeiture laws by passing cases off to the feds. Under the bill seizures could occur only if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also require that seized funds be deposited in the state's general fund. Under current law, police can keep up to 60 percent of asset forfeiture proceeds, creating an incentive for "policing for profit." The bill is now before the Assembly Codes Committee.

Harm Reduction

Utah Bill to Decriminalize Fentanyl Test Strips Filed. State Sen. Jenifer Plumb (D) has filed Senate Bill 86, which would legalize the use and possession of fentanyl test strips. Under current state law, the test strips are criminalized as drug paraphernalia, but the bill would create an exemption from liability under the state Controlled Substances Act. Test strips are an increasingly popular harm reduction measure in the fight to reduce fentanyl-related drug overdoses. The bill is now in the Senate Rules Committee.

International

Former Bolivian President and Coca Grower Setting Up Regional Organization. Former Bolivian President Evo Morales, forced out of office in the wake of disputed elections in 2019, will set up the headquarters of his plurinationalist, indigenist movement in the region in Buenos Aires, Argentina. The movement will convene next week with coca growers from Colombia, Ecuador, and Peru, as well as Bolivia as Morales commences what he described as a struggle for the "plurinational peoples of Latin America." Continuing strife in Peru after the arrest and jailing of leftist President Castillo in December, as well as continuing strife in Bolivia's Santa Cruz province after the arrest of rightist Gov. Luis Fernando Camacho have placed Bolivian coca growers under unprecedented hardships. Morales rose to power as a Bolivian coca grower leader and still controls six coca grower unions in the Chapare.

Asset Forfeiture Shenigans Down in Houston [FEATURE]

Law enforcement officers and prosecutors systematically violate the constitutional rights of innocent property owners and interstate drivers, seizing cash and other valuable items without legitimate probable cause, which deprives individuals of much-needed funds in their possession. Police agencies seize additional property like vehicles, houses, businesses, and other tangible items, then auction these items off by executing a well-planned civil forfeiture lawsuit even if a person who owned the property or properties hadn't been convicted of a crime. State and local governments then split the proceeds with the law enforcement agency that made the seizure.

"In the United States, the basic tenet of the criminal justice system is that one is presumed innocent until proven guilty," wrote Rebecca Vallas and her team at the Center for American Progress. "However, over the past several decades, many thousands of people have had their property seized by the government without being charged with a crime."

That is civil -- as opposed to criminal -- asset forfeiture. Civil forfeiture law only requires prosecutors to prove a mere preponderance of the evidence, a lesser threshold than the beyond a reasonable doubt standard required in criminal cases. In practice, property targeted under civil forfeiture is usually seized unless the property owner hires an attorney to contest the proceeding, but people whose monies or properties have been seized often lack the means to challenge such actions.

Kevin Lawrence, executive director of the Texas Municipal Police Association, said the lower standard allows police to hit criminals in their pocketbooks even if they can't place them behind bars. "Civil asset forfeiture is intended to try and take a bite out of organized criminal syndicates by getting at their profit margin," he told KERA TV. "If we do away with civil asset forfeiture, who benefits the most? It's organized crime."

Documentation of thousands of asset forfeiture cases by the Institute for Justice (IFJ), a Washington, DC-based public interest law firm, challenges Lawrence's line because it found police confiscated small amounts of money from individuals instead of big hitters who are involved with organized crime which means not everyone who has their money taken is into high-level crimes. Many aren't guilty of anything except for having a substantial amount of cash when police erroneously profile them as criminals.

Forfeited assets including cash proceeds are lucrative for government and law enforcement agencies. In 2018 alone, reports IFJ, 42 states, the District of Columbia, and the federal government seized over $3 billion; $500 million was forfeited under state law and the government seized $2.5 billion within the Department of Justice and the Treasury forfeiture program.

IFJ is fighting tooth and nail against alleged abusive practices in Texas by filing a class-action lawsuit last year against the Harris County District Attorney's Office headed by elected Democrat Kim Ogg and Ed Gonzalez the elected Harris County sheriff.

"Texas has some of the worst civil forfeiture laws in the country, and what's driving this is the fact that police and prosecutors get to keep the property they seize. They can use it to buy better equipment, to buy better automobiles, and pay salaries, IFJ attorney Scott Bullock said more than a decade ago. Little has changed since then.

Ovid Ned can attest to Harris County's questionable seizure tactics. On January 31, 2016, Houston Police patrolmen stopped Ned while he was driving a new Jeep Compass in the 10700 Block of Bentley Street in far North Houston. Since Ned didn't have a state driver's license he was arrested on the spot. While conducting an inventory of the vehicle for towing purposes the officers discovered 26.98 grams of hydrocodone inside a pill bottle in the vehicle's glove box. Police confiscated $948.00 tucked in Ned's pants pocket. A charge of possession with intent to deliver hydrocodone was filed against Mr. Ned. As a bonus, the officers seized Ned's cash claiming the funds were the result of illegal narcotic sales.

But while he potentially faced a stiff prison sentence, Ned's luck was as hot as a pair of winning craps dice because a Harris County prosecutor dismissed the drug charge on June 15, 2016. To the prosecutor's surprise, Ned had a valid prescription for the hydrocodone, but in a second go-round, Ned crapped out. Harris County asset forfeiture prosecutors filed a case against his money and managed to grab every red cent without convicting the alleged member of the 5th Ward Circle Street gang of anything.

Houston Police stated in the seizure report they believe the cash was drug money because Ned was a documented gang member with a lengthy criminal history involving narcotics, and they further allege finding three boxes of plastic sandwich bags in the trunk of the vehicle.

Prosecutor Angela Beaver argued that Ned "was selling the pills." Beaver explained how opioid dealers often obtain several prescriptions from pain clinics.

"All they have to do to make the criminal case go away is to produce one of these prescriptions so that the possession is not illegal," Beavers said. "It does not mean the money seized is not contraband."

What Beavers failed to mention is all her office had to do was contact Ned's doctor to verify the authenticity of the prescription. Nor did Beavers show proof that Ned engaged in scouting for doctors to write bogus prescriptions to account for the drugs he possessed at the time he was arrested.

"Taking property without a criminal conviction is a violation of the owners' civil liberties," said IFJ attorney Arif Panju. "There is a principle of being innocent until proven guilty, and forfeiture just takes that and flips it on its head. That raises all sorts of constitutional problems."

The IFJ scored a victory at the US Supreme Court that limits forfeitures in state cases where the value of what is seized outweighs the seriousness of the connected crime.

US Supreme Court Justices Weigh In

US Supreme Court justices realize how civil forfeitures can become excessively punitive and that in such cases the constitutional protections must attach to balance the law. Forfeitures of property without proof of the owner's wrongdoing, merely because it was 'used' in or was an instrumentality of crime has been permitted in England and this country, both before, and, after the adoption of the Fifth and Fourteenth Amendments.

In the case of Leonard vs. Texas, Justice Clarence Thomas questioned: "whether the Court's treatment of the broad modern forfeiture practice can be justified by the narrow historical one."

Leonard vs. Texas entails a story of two men, vehicle driver James Leonard and passenger Nicosa Kane. Police stopped the men in Texas as they headed down an interstate known for heavy drug trafficking. When the officer saw a locked safe in the trunk he questioned the men about the contents of the safe. According to the officer, both men gave conflicting stories about the safe. James told the officer the safe belonged to his mother and that he was to buy a house in Pennsylvania. Once the safe was opened the officers discovered the mother lode, a cool $201,000. A bill of sale for a house was also found in the safe.

The state immediately seized the funds. Leonard's mother, Lisa Olivia Leonard, filed a lawsuit listing herself as the innocent owner of the cash-filled safe. At the trial court hearing, the presiding judge issued a forfeiture order meaning Ms. Leonard lost the cash. She appealed the verdict. Rejecting Leonard's innocent-owner defense the court of appeals, citing the suspicious circumstances of the stop and the contradictory stories between James Leonard and Nicosa Cane, court concluded that the government proved by a preponderance of the evidence that the money in the safe was either the proceeds of a drug sale or intended for such activity.

The US Supreme Court denied Leonard's petition for certiorari on March 6, 2017. No news reports are showing whether Leonard won her money back.

Meanwhile, states like Arkansas and Michigan have passed legislation to require that a person must first be convicted of a crime before forfeiture proceedings can start. Texas state Republicans and Democrats have proposed similar legislation.

Difference Between Criminal Law and Civil Forfeiture Asset Law

The key feature of Texas civil forfeiture law is how it shifts the burden of proof onto the person who had their property seized to prove their property wasn't connected to a crime. Unlike a criminal trial where the evidence is brought against an individual, in civil forfeitures, the government proceeds against the property (or seized cash) as if the property itself assisted in the commission of a crime.

For instance, when it comes to civil law forfeitures the government only needs to meet a lower preponderance of the evidence to snatch away someone's property which means a person can have their property taken without being convicted of a crime.

"Who could afford to have their life savings taken away for more than two years with no hearing and no opportunity to go before a judge?" asked IFJ Senior Attorney Wesley Hottot.

The Harris County District Attorney's Office has declined to comment publicly about the IFJ lawsuit.

Harris County DA Office Dismisses Dope Cases by Corrupt Houston Police Narcotic Officers And Keeps the Seized Tainted Cash

Harris County prosecutors in Houston dismissed numerous drug cases and recommended the reversal of the cases of other defendants arrested by terribly corrupt Houston police narcotic officers Gerald Goines and Stephen Bryant, the narco officers responsible for one of Houston's most scandalous acts of sheer violence when Goines lied to obtain the January 2019 search warrant that led to the shooting deaths of two innocent people, 59-year-old Dennis Tuttle and Tuttle's wife, 58-year-old Rhogena Ann Nicholas. They were gunned down by police after Goines fabricated a search warrant and executed the same warrant at the couple's home.

Goines claimed his informant purchased heroin from the couple when no informant had entered the home and made a drug buy. Five additional officers were shot during the raid as well as what became the sensational, deadly raid on Harding Street in the East End of town. There have been at least three dozen instances in recent years when Goines' Narcotics Squad #15 seized lots of cash, jewelry, and vehicles based on misleading statements and even outright lies to justify narcotic search warrants.

Despite the criminal cases being dropped or dismissed, the Harris County Civil Asset Forfeiture Division still seized the "crime-tainted" cash and property. For example, on July 24, 2018, Andrew Hebert, of 4524 Alvin Street in Houston was strolling over to his 2017 Buick Lacrosse parked in the driveway when police swarmed him like flies. Narcotic officers Goines and Bryant said they saw Hebert make a hand-to-hand dope delivery to an individual. A search of Hebert's residence yielded assorted narcotics and $10, 965.00. Police seized the funds and Hebert had a second seizure of $1,765.00. When news broke about the scandal involving Goines and Bryant's involvement in the death of the East End couple the District Attorney's Office dropped the dope case against Hebert but still, the prosecutors kept his money.

The same thing happened to Christopher White's $2,465 and Andre Thomas's $2,700. Criminal charges were dropped due to Goines's involvement in their narcotics cases, but they never saw the money again. Goines and Bryant are facing a laundry list of federal civil rights criminal charges ranging from obstruction of justice, making false statements, falsifying records, and depriving the deceased victims of their constitutional right to be secure against unreasonable searches. State charges against Goines include first-degree murder. That trial remains pending.

Transporting Cash to Buy a Truck Isn't a Crime

Included in the Institute for Justice class action lawsuit is the case of Ameal Woods and Jordan Davis from Natchez Mississippi, who lost $42, 300 to Harris County Civil Asset Forfeiture Enforcement. Ameal Woods was traveling from Natchez to a suburb outside Houston called Katy, Texas, -- when he happened to encounter a Harris County Sheriff Patrol Sergeant on May 19, 2019. The sergeant pulled Woods over in the 2300 block of I-10 driving a new Nissan Sentra for allegedly "following a tractor-trailer too closely."

The Sergeant allowed Woods to sit in his patrol car while he checked Woods' license and prepared a warning citation. As these transactions took place, the sergeant wrote the following in his offense report: "Mr. Woods was having facial tremors, labored breath, shifting around in his seat, licking his lips and belching, all signs of stress," the officer wrote in his report.

Whether the officer first asked Woods if he was transporting dope or money or if anything out of the ordinary triggered the officer's suspicion remains unclear. In the officer's report, he said that Woods claimed to be carrying $30,000 in his rented vehicle and that his girlfriend Jordan Davis rented the car. Woods said the money was to buy a used tractor-trailer to expand his trucking business back home in Mississippi.

The deputy recovered the money wrapped in separate packages. When asked where he got the funds Woods said his wife gave him part of it, and that a niece loaned him some as well. The deputy also claimed Woods had explained to him that his girlfriend Jordan Davis had given him part of the money from her tax returns.

To verify Woods's story, the deputy sergeant said he called Jordan Davis from his cell phone while sitting on the road with Ameal Woods and that Davis said she hadn't gotten her tax return yet. Ameal Woods denied his girlfriend had talked with the sergeant about her tax return. Once the money was taken, the sergeant gave Woods an incident report number detailing the seizure and Woods was cut loose at the scene.

Ameal Woods recalled seeing no drug dog at the scene. But in a final seizure report submitted to the county by a different deputy, the deputy stated a drug dog made a hit on the money Woods was carrying, which means the dog detected an odor of illegal drugs on the seized money.

National Geographic and several more prominent news media outlets reported in 2009, that a definitive study showed "Nearly nine out of ten bills circulating in the United States are tainted with cocaine." In 1994, the US 9th Circuit Court of Appeals determined that in Los Angeles, out of every four banknotes, on average more than three are tainted by cocaine or another illicit drug.

Questions swirled among the IFJ attorneys as to why it took slightly over two years before the Harris County District Attorney's Office in Houston served Ameal and Jordan with legal notification of the forfeiture.

IFJ attorneys said there is a scheme by Texas lawmen and the District Attorney's Office to take cash from travelers without legit probable cause, particularly if the individuals are African Americans and Mexicans.

Forfeiture Complaints Raise Suspicion

What infuriates the IFJ attorneys was the suspicious composition of the forfeiture complaint by a Harris County Deputy Sheriff identified as Greg Nason, who, according to the lawsuit "was not at the scene when the money was seized from Ameal Woods."

The Attorney's investigation uncovered more peculiar activities. Unsurprisingly, IFJ attorneys identified 113 seizure affidavits rife with errors and misspelled words "written by an officer who was not at the time and place of seizure." At least 80 of those affidavits were written by the same Officer Greg Nason. Just as the discovery of some of the poorly worded sentences wasn't enough, the attorneys noticed 'cut and paste' testimony with different fonts, and erroneous dates and the deputy even referred to tangible cash when the seized property was a vehicle.

Dog Makes Alert on Proceeds Later; Not At The Scene

IFJ attorneys also discovered 92 cases (including the Ameal Woods case) where a drug dog reportedly alerted "after police seized property." The key word is "after" the incident took place, not at the scene. Ameal assured his attorneys that no dog sniffed his money at the scene.

"The government cannot copy-and-paste its way to probable cause," said IFJ. Managing Attorney Arif Panju. "Probable cause means more than simply having a large sum in cash and an after-the-fact dog alert."

Retired Harris County Sheriff Department Narcotic Detective Joe Harris told Drug War Chronicle, "Unless there was an ongoing investigation that hasn't been revealed, what we used to do is if we target a person for carrying lots of money, money suspected to be from selling drugs we would have a dog come to the scene to see if the dog hit on the money. If the dog hits on the money we seize it right then", not later on unless a person is arrested with drugs and carrying money at the same time," Harris said.

Harris went on to explain that when a dog makes a hit on a vehicle this is when to get a warrant to search for narcotics.

Between 2018 and 2020, the Harris County District Attorney Forfeiture Division collected $15.9 million in forfeiture revenue. Over $7.5 million was spent on police salaries and overtime.

Texas Gunslingers Battle for Reform

Harris County prosecutors in Houston unified with their compatriots in law enforcement against proposed laws to restrict civil asset forfeiture over the last few years. Several bills have been filed in the state's legislature by Democrats and Republicans to prevent Texas prosecutors from seizing citizens' money and other assets unless they'd been convicted of a crime.

During one 2019 legislative hearing at the state capitol in Austin, Harris County Civil Forfeiture prosecutor Angela Beaver said criminal charges were filed in all but 5% of Harris County seizure cases in 2018. State Rep. Harold Dutton (D-Houston), who has filed legislation to require convictions for forfeiture. Scoffed at Beavers' numbers.

"I'm going to tell you as a practicing lawyer in Harris County, I don't think you're being honest with this committee," he said.

"Well, we have the stats," she shot back.

But a study of Harris County statistics by the Texas Tribune suggested the prosecutor's numbers were wrong. The Tribune found that during the first six months of 2016, 15 percent of asset seizures did not include criminal charges connected to the stated reason for the seizure -- such as a drug crime -- and nearly 40 percent of seizures did not result in a related conviction or guilty plea.

Proposed Changes to Modify the Way Property is Seized in Texas

To add an extra boost to eliminate civil asset forfeitures against a person's property, although the person hasn't been criminally convicted in a court of law, State Rep. Senfronia Thompson (D-Houston) and then-Republican Senator Konni Burton filed identical bills requiring law enforcement and prosecutors to secure a criminal conviction before property can be legally seized, instead claiming the seized property was more likely than not connected to a crime.

Texas Civil asset forfeiture law needs much reform to equal the playing field for defendants to have a better shot at proving their money or property wasn't intended for criminal activities. The biggest stake in the foray is how prosecutors and law enforcement abuse civil forfeitures to tilt the scales in their favor and undermine the constitutional rights of American citizens.

Democratic State Reps. Harold Dutton and Senfronia Thompson will attempt to re-introduce House Bill 251 in the legislative session beginning in January 2023, to reform Texas civil asset forfeiture Law. Their goal is to make it so that state prosecutors must first convict a person in criminal court to legally seize the individual's property that may or may not be connected to the crime with which they were charged.

Drug War Chronicle contributor and news reporter Clarence Walker can be reached at [email protected]

OK Arrests Pregnant Women for Medical Marijuana, Bolivia Coca Leader Arrested, More... (9/15/22)

North Dakota activists cry foul over a financial summary of their legal pot initiative, the South Caroline Supreme ourt upholds civil asset forfeiture, and more. 

Coca farmers are clashing with each other in Bolivia. (DEA)
Marijuana Policy

Colorado Bill to Protect Marijuana-Using Workers Filed. Even though Colorado was the first state to legalize marijuana, it still does not have protections in place for people fired or not hired for using it. That could change under newly filed House Bill 1152 , which would not only protect workers from adverse consequences for off-the-job marijuana use but also allow medical marijuana patients to consume their medicine at work. Past attempts to pass such legislation have failed and the state Supreme Court has held that employers can fire medical marijuana users for off-duty use.

Missouri Lawmaker Files Marijuana Legalization Bill, Urges Special Session to Consider It. In a bid to fend off a marijuana legalization initiative, Amendment 3, Rep. Ron Hicks (R) filed his Marijuana Freedom Act on Wednesday, one day after a judge cleared the way for the initiative to be voted on in November. The bill is a revised version of a bill he filed earlier this year and advanced through committee during the regular legislative session. He is calling on Gov. Mike Parson (R) to include the bill in a pending special session, even though Parsons said recently he would not include it.

Nevada Judge Rules Pharmacy Board's Classification of Marijuana as Schedule I Substance Unconstitutional. District Judge Joe Hardy Jr. ruled Wednesday that the state Board of Pharmacy’s classification of cannabis as a Schedule 1 drug is unconstitutional. The ruling came in a lawsuit filed by the ACLU of Nevada, which argued that marijuana doesn't meet the definition of a Schedule I drug under state law because it has accepted medical uses. The judge agreed: "The constitutional right to use marijuana upon the advice of a physician does establish that marijuana has an accepted medical use and treatment in the United States," Hardy said.

North Dakota Activists Accuse State of Misleading Voters About Marijuana Legalization Initiative. Backers of the Initiated Statutory Measure No. 1 marijuana legalization initiative say the state's ballot summary misleads voters about the costs of the measure by failing to include any revenues from legalization in the summary. The state's fiscal summary reads as follows: "The estimated fiscal impact of this measure beginning in 2023 through the 2025-2027 Biennium is Revenue of $3,145,000 and Expenses of $4,985,000." That does not include revenues from legal marijuana, which would be taxed at 5 percent by the state, up to an additional 3 percent by localities, and a possible excise tax. Dave Owen, the chairman of New Approach North Dakota, called the fiscal summary "obviously incomplete" and "intentionally misleading." The state claims it is unable to calculate potential revenues, but an economics professor at North Dakota State University was able to come up with a projection that the state would get about $6 million in pot taxes each year.

Medical Marijuana

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law,"said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law,"Kiesel said. "It’s important to remember, if you have a medical marijuana license, you are under the care of a physician."

Asset Forfeiture

South Carolina Supreme Court Upholds Civil Asset Forfeiture Law But Urges Legislative Reform. The state Supreme Court on Wednesday upheld the state's civil asset forfeiture law but suggested the legislature could reform the law to make it more fair to seizure victims. "Several states have amended their statutory schemes to impose more stringent requirements on the government; however, the fact that certain states have legislatively altered their civil forfeiture laws provides no support for judicially changing ours,"the order said. "Legislative alteration might be a good thing, but we are not called upon to decide whether a change in the law would be wise."

International

 

 

. The leader of an anti-government coca growers union faction, Freddy Machicado, was arrested Wednesday for his role in protests that resulted in the burning of a "parallel" coca market in La Paz. He is being held at a police headquarters in El Alto, a La Paz suburb. For weeks, Machiado had led weekly protests against the market, which is operated by another faction of the Adepcoca union close to the government. Its leader, Arnold Alanes, who claims leadership of the union even though a majority of affiliates reject his leadership. There are only two officially sanctioned legal coca markets in the country, but Alanes' "parallel" market had operated unimpeded by the government. 

Another Push for the SAFE Banking Act, NJ Magic Mushroom Legalization Bill Filed, More... (7/1/22)

The Ohio Supreme Court rejects a police backpack search for marijuana, the Massachusetts Senate has approved an asset forfeiture reform bill, and more.

Psilocybin mushrooms. It could be legal to grow, possess, and share them under a New Jersey bill. (Creative Commons)
Marijuana Policy

Bipartisan Lawmakers File Marijuana Banking Amendment to Must-Pass Defense Bill in Latest Reform Push. Led by Rep. Ed Perlmutter (D-OR), sponsor of the House-passed version of the Secure and Fair Enforcement (SAFE) Banking Act (HR 1996), a bipartisan group of lawmakers are pushing an amendment to the FY 2023 National Defense Authorization Act to attach that legislation to the must-pass bill. This is the second year Perlmutter has tried to get the SAFE Banking Act language into the defense spending bill. Passage of the bill in the Senate has been stymied by Majority Leader Charles Schumer (D-NY), who has been blocking the incremental bill as he continues to push for a full-scale marijuana legalization bill. Perlmutter's amendment will be taken up in the House Rules Committee, and if approved as part of the spending bill in the House, would be subject to conference committee approval with Senate leaders.

Ohio Supreme Court Finds Marijuana Backpack Search Unconstitutional. In a unanimous decision, the state Supreme Court has thrown out the conviction of a woman for marijuana possession, ruling that a warrantless search of her backpack in her home violated the Fourth Amendment's protection against warrantless searches. Police came to the woman's home with an unrelated arrest warrant and searched her backpack while she was already handcuffed and sitting in a patrol car. They found 391 grams of mostly marijuana edibles and charged her with felony marijuana possession. Police and prosecutors argued that they had the right to search the backpack for weapons, but the justices held there was no rationale for a weapons search once the woman was detained. Police and prosecutors also argued that a bit of plastic baggie protruding from the backpack justified the search, but the justices rejected that as well. "When police search a bookbag in a home under circumstances that do not give rise to any exigency, they must follow the command of the Fourth Amendment: get a warrant," wrote Justice Patrick DeWine. The case goes back to lower courts for reconsideration.

Psychedelics

New Jersey Senate President Files Bill to Legalize Magic Mushrooms for Personal Use. Senate President Nicholas Scutari (D) has filed a bill, Senate Bill 2934, that would allow people 21 and over to "possess, store, use, ingest, inhale, process, transport, deliver without consideration, or distribute without consideration, four grams or less of psilocybin," the psychedelic compound in magic mushrooms. People could legally grow, cultivate, or process the mushrooms capable of producing psilocybin on private property. The bill would also expunge past criminal offenses for magic mushrooms. "This bill is a recognition of evolving science related to psilocybin and its medical uses related to mental health, and if science can provide relief in any fashion with this natural substance under a controlled environment then we should encourage this science," Scutari said. In 2021, Gov. Phil Murphy signed a bill downgrading psilocybin possession from a third-degree crime to disorderly persons offense with a maximum $1,000 fine and up to six months in jail.

Asset Forfeiture

Massachusetts Senate Passes Bill to Reform Civil Asset Forfeiture. The state Senate on Thursday approved a bill that would raise the evidentiary standard for prosecutors to be able to pursue civil asset forfeiture. The bill, Senate Bill 2671, would raise the standard from the lowest legal standard -- probable cause -- to the "preponderance of evidence." The bill also bars asset forfeiture prosecutions for less than $250 and provides the right to counsel for indigent people in asset forfeiture cases. "We view ourselves as a socially progressive state with strong protection for civil liberties. But our current laws on civil asset forfeiture are anything but, and reforming in this area is long overdue," said Senate Majority Leader Cynthia Creem (D-Newton), lead sponsor of the bill.

State Banking Regulators Call for Passage of SAFE Banking Act, Colombia Could Elect a Drug War Critic as President, More... (5/27/22)

A congressman calls on the Transportation Department to adjust its drug testing policies for truck drivers to account for broad marijuana legalization, Michigan enacts a new asset forfeiture law for airports, and more.

Leftist Colombian presidential candidate Gustavo Petro is a harsh critic of the US drug war in Colombia. (Creative Commons)
Marijuana Policy

State Financial Regulators Urge Congress to Pass Marijuana Banking Protections as Part of Manufacturing Bill. The Conference of State Bank Supervisors (CSBS), which represents state financial regulators from across the country, sent a letter Wednesday to House and Senate leaders urging them to include marijuana banking reform in the COMPETES Act, a large-scale manufacturing bill. "By granting a safe harbor for financial institutions, Congress can bring regulatory clarity to the financial services industry, address public safety concerns and ensure access to financial services for state-compliant marijuana and marijuana-related businesses," CSBS Acting President James Cooper said.

The group is calling on congressional negotiators to include the Secure and Fair Enforcement (SAFE) Banking act in the version of the bill that will go to President Biden. The House included it in its version of the bill, but the Senate removed the language. Senate Majority Leader Charles Schumer (D-NY) has consistently blocked passage of the SAFE Banking Act, arguing that outright federal legalization is the path to go down, but there is little sign that there is sufficient support in the Senate for a legalization bill to pass.

Asset Forfeiture

Michigan Bill to Let Airport Authorities Seize Suspected Drug Cash Signed into Law. Gov. Gretchen Whitmer (D) has signed into law a pair of Republican-sponsored bills, House Bill 4631and House Bill 4632, that will allow airport authorities to seize suspected drug cash or property without first obtaining a conviction or guilty plea if the cash or property exceeds $20,000. The seizure would still have to be upheld in a civil judgement. "Drug trafficking will not be tolerated in Michigan," said bill sponsor Rep. Graham Filler (R-Clinton County). "The men and women who keep our airports secure need to have the proper authority to keep drugs and drug money out of our state -- and this reform gives them the tools they need to get the job done."

Drug Testing

Lawmaker Calls on Transportation Department to Amend "Outdated" Marijuana Testing Requirements. Rep. Earl Blumenauer (D-OR) has sent a letter to Transportation Secretary Pete Buttigieg calling on the department to change its policies that punish commercial truck drivers for using marijuana while off the job. "To date, 48 states have enacted laws that, to varying degrees, relax their prohibitions against the use of marijuana," wrote Blumenauer. "Nevertheless, your department's zero-tolerance policy sweeps up drivers who were unimpaired, drivers who have not used cannabis for weeks or even months, and drivers who have used federally-legal CBD oils. Blanket disqualifications are unjust, unfair, and cause widespread economic and social damage. Thousands of driving positions are unfilled, compounding our supply chain woes. Penalizing safe drivers who comply with state cannabis laws harms both the drivers and the supply chains they support." Amidst supply chain challenges and a driver shortage, more than 36,000 truckers have had their licenses suspended for testing positive for marijuana metabolites in recent months.

International

Leftist Critic of US Drug War Poised to Win Colombian Presidency. Former leftist guerilla and Bogota mayor and current Senator Gustavo Petro is poised to win the first round of Colombia's presidential elections (although he may be forced into a run-off if he comes in with less than 50 percent of the vote). Petro is a staunch critic of the US's drug war in Colombia, frequently noting that despite spending billions on military and law enforcement and decades of US pressure to reduce drug production, the country remains a top supplier of cocaine and is awash in prohibition-related violence. He has also recently questioned the extradition last month of the head of the Gulf Clan Cartel, Dairo Antonio Usuga and is more broadly critical of extradition.

"Extradition: it merits a discussion -- a review of the figures -- to see if what’s been done for 40 years has worked or not; if a million dead Latin Americans -- the majority Colombians and Mexicans -- has been worth it," he said in an interview last month. Despite all the violence and security spending, Colombian cocaine production has tripled in the past decade, according to US government data.

DE House Passes Legal Pot Bill, US Reps Press DOJ on Civil Asset Forfeiture Abuses, More... (5/6/22)

A South Carolina medical marijuana falls to opponents' House maneuvers, Venezuela is joining the ranks of coca and cocaine producers, and more.

Rep. Jamie Raskin (D-MD) is calling on the Justice Department to explain civil asset forfeiture abuses. (house.gov)
Marijuana Policy

Delaware House Approves Marijuana Legalization Bill. The House on Thursday voted to approve a measure that would legalize the possession of up to an ounce of marijuana for adults, House Bill 371. The bill would not set up a system of taxed and regulated sales but does allow for the unremunerated transfer of up to an ounce from one adult to another. The bill now heads to the Senate, which, like the House, is controlled by Democrats. But it faces a potential veto by Gov. John Carney (D), who has expressed doubts about marijuana legalization.

Medical Marijuana

South Carolina Medical Marijuana Bill Killed in House. A measure to legalize medical marijuana in the state, the Compassionate Use Act (Senate Bill 150) was killed on the House floor Wednesday after a debate over legislative process but without any discussion of the merits of the bill. The bill had already passed the Senate but faced long odds in the House, where opponents of reform filed more than a thousand amendments. One opponent, Rep. John McCravy (R), then created a constitutional challenge for the bill, claiming that it should have originated in the House because it involves a tax on medical marijuana. Under the state constitution, bills involving taxation must originate in the House. House Speaker Pro Tem Thomas Pope (R) then ruled to sustain McCravy's point of order and against an appeal from Rep. Todd Rutherford (D), who said he planned to later scrap the tax language via an amendment, effectively killing the bill. Sponsors said they would keep trying, though.

Asset Forfeiture

House Members Request Justice Department Briefing on Abuses of Federal Civil Asset Forfeiture Program. Rep. Jamie Raskin and Rep. Nancy Mace, Chairman and Ranking Member of the Subcommittee on Civil Rights and Civil Liberties, sent a letter to Attorney General Merrick Garland requesting information about the Department of Justice's (DOJ) efforts to address longstanding abuses of its Equitable Sharing Program, which allows state and local governments to partner with DOJ by transferring property, money, or assets that have been seized by law enforcement to the federal government for forfeiture which then shares up to 80% of the proceeds with local and state law enforcement agencies, regardless of state law.

The letter came after a December hearing that examined the need to reform federal civil asset forfeiture programs, including equitable sharing, to prevent state, local, and federal law enforcement from abusing the civil rights and civil liberties of Americans. Expert witnesses testified that state and local law enforcement agencies use DOJ's Equitable Sharing Program to circumvent state laws aimed at curtailing civil asset forfeiture abuse. Between 2000 and 2019, DOJ paid at least $8.8 billion from its Asset Forfeiture Fund (AFF) to state and local agencies.

"We are concerned that the Equitable Sharing Program creates a loophole allowing state and local law enforcement to seize assets from individuals without bringing criminal charges or a conviction, even in states that prohibit civil asset forfeiture," the Members wrote. "In addition, we are concerned that DOJ does not conduct adequate oversight of law enforcement agencies participating in the Equitable Sharing Program."

International

Venezuela Becoming a Coca, Cocaine Producer. InsightCrime, a website that covers Latin American drug trafficking, is reporting that Venezuela is becoming a coca producing and cocaine manufacturing country. Previously, it had served only as a transshipment point for cocaine produced in the big three coca-growing countries: Bolivia, Colombia, and Peru. But now, "InsightCrime has uncovered evidence of the presence of significant quantities of coca in at least three municipalities in Zulia, and two more to the south in the state of Apure, each time verified and corroborated by multiple reliable sources," the web site reported. "In addition, sources in the field, international agencies, and the Venezuelan government's own reports show that the crystalizing laboratories used to process coca paste into cocaine hydrochloride have been proliferating in the same areas."

All of this activity is taking place in western part of the country, where Colombian guerilla groups and drug traffickers dominate and appear to be operating openly. "So far, cocaine production in Venezuela is nascent, representing just a drop in an ocean of coca compared to the historic levels seen in Colombia in recent years," InsightCrime noted. "But the country's border region, poor, isolated, abandoned by the state and dominated by armed groups, represents a perfect petri dish for it to spread. And in a country trapped in an economic crisis, ruled by a corrupt regime, and ravaged by criminality, that is a dangerous proposition."

SD House Panel Kills Marijuana Legalization Bill, Peru to Try "Kinder, Gentler" Approach to Coca Growers, More... (2/28/22)

Dr. Bronner's Magic Soaps makes the news in a couple of different ways today, an asset forfeiture reporting bill advances in South Dakota, and more.

Dr. Bronner's Cosmic Engagement Officer David Bronner. His company got a nice profile in the New York Times today.
Marijuana Policy

South Dakota House Panel Kills Marijuana Legalization Bill. If South Dakotans want marijuana legalized -- as they showed by voting to do just that in 2020 -- their only way may be to do it may again be the ballot box. A legislative effort to legalize marijuana that passed out of the Senate last week, Senate Bill 3, was killed Monday by the House State Affairs Committee on an 8-3 vote. That leaves a clear path for a legalization initiative sponsored by South Dakotans for Better Marijuana Laws, which is currently in the signature gathering process.

Psychedelics

New York Times Notes Dr. Bronner's Drug Reform Largesse, Psychedelic Philanthropy. In a major profile piece, the Times has published "Dr. Bronner's, the Soap Company, Dips Into Psychedelics," which details Dr. Bronner's CEO (Cosmic Engagement Officer) David Bronner's support of drug reform and psychedelic renaissance efforts over the years. Just since 2015, the company has donated more than $23 million to drug reform and research organizations. (Disclosure: This includes some support to this publication and our parent organization, going back to long before 2015.) The publicly-minded philanthropy has helped support research into the therapeutic benefits of MDMA, various marijuana initiatives, the 2020 Oregon therapeutic psilocybin initiative and local psychedelic decriminalization efforts, as well as broader drug reform efforts. There's much more at the link.

Dr. Bronner's Is Providing Psychedelic Therapy as Employee Healthcare Benefit. Dr. Bronner's, family-owned maker of the top-selling natural brand of soap in North America, has expanded its mental healthcare benefits to include Ketamine Assisted Therapy, as a first step in providing access to Psychedelic Assisted Therapy to employees to promote mental health. This innovative benefit plan is administered by Enthea, a nonprofit healthcare organization responsible for medical policy development, provider network management, and benefit plan administration. Enthea establishes high 'quality of care' standards for the treatments offered, including credentialing and managing a network of specialty providers.

"The health and well-being of our employees is the primary driver in how we think about benefits and compensation. Offering coverage for Ketamine Assisted Therapy is in the interest of providing tools to our workforce to have the best quality of life and best options for mental health care," explains Michael Bronner, President of Dr. Bronner's. "Our family and company are no strangers to depression and anxiety. We are deeply concerned about the mental health crisis society is facing, especially in the context of the Covid-19 pandemic. Considering all our advocacy on this issue, this employee benefit is the next logical step," Bronner continued. Coverage for employees began on January 1.

Asset Forfeiture

South Dakota House Approves Asset Forfeiture Reporting Bill. Rep. Aaron Aylward's (R-Harrisburg) bill requiring asset forfeiture reporting from law enforcement agencies that makes seizures, House Bill 1328, passed out of the House last Friday and is now set for a hearing later this week in the Senate Judiciary Committee. The bill requires seizing agencies to gave the state attorney general an annual report itemizing every item seized and requires that the attorney general make that information available online for public inspection. Agencies that fail to generate the required reports would face a fine of $500 or 25% of the value of the seized goods.

International

Peru Drug Agency Shifts to Voluntary, Sustainable Coca Eradication. Peru's anti-drug agency, DEVIDA, announced last Friday that given the lack of effectiveness of compulsory coca crop eradication, it is proposing a Citizen's Social Pact for voluntary, sustainable reduction of coca crops. The agency is now under the leadership of longtime reform advocate Dr. Ricardo Soberon and instead of resorting to compulsion is moving toward building a commitment between the state and civil society with reciprocal rights and duties. DEVIDA will work with indigenous peoples and agricultural producers so they "voluntarily reduce coca crops for illicit purposes in exchange for timely services from the State." The plan will rely on alternative development and reducing illicit crops in a gradual and sustainable matter.

DE Marijuana Legalization Advances in House, AL Fentanyl Test Strip Bill Nears Final Vote, More... (2/22/22)

Bills to end civil asset forfeiture and block "equitable sharing" with the feds are filed in Tennessee, a Delaware marijuana legalization bill advances, and more.

Trucker shortage? 60,000 are sidelined because of testing positive for marijuana. (Creative Commons)
Marijuana Policy

Delaware Marijuana Legalization Bill Advances in House. The House Appropriations Committee last Thursday quietly advanced a marijuana legalization bill, House Bill 305. The committee "walked the bill," which allows the bill to advance without a public hearing. The bill has already been approved by the House Health and Human Services Committee. The bill now heads for a House floor vote. The last time a legalization bill got that far, back in 2018, it lost on the House floor by four votes. HB305 would allow legal personal possession of 1 ounce of marijuana for adults ages 21 or older and set up a framework for its taxation and sale. It allocates 30 retail sale licenses, 30 manufacturing licenses, 60 cultivation licenses and five testing licenses to be issued within 16 months of the bill's approval.

Opiates and Opioids

Alabama Bill to Legalize Fentanyl Test Strips Faces Final House Vote. A bill that would legalize fentanyl test strips, Senate Bill 168, has passed the Senate and two House committee votes and now heads for a House floor vote. The bill aims to address the state's opioid overdose crisis by allowing users to test their substances for the presence of the powerful opioid.

Asset Forfeiture

Tennessee Bills Would End Civil Asset Forfeiture, Opt State Out of Federal Program. A pair of Republican lawmakers have introduced companion bills aimed at ending civil asset forfeiture in the state and blocking state law enforcement from evading the law by handing cases off to the federal government under what is known as the "equitable sharing" program. Rep. Jerry Sexton (R) introduced House Bill 2525 and Sen. John Stevens (R) introduced the companion, Senate Bill 2545 earlier this month.

The opt-out from "equitable sharing" is particularly important given that a policy directive issued in July 2017 by then-Attorney General Jeff Sessions greenlighting the practice remains in effect. The language in the bill on "equitable sharing" is quite direct: "A state or local law enforcement agency shall not transfer or offer for adoption property, seized under state law, to a federal agency for the purpose of forfeiture under the federal Controlled Substances Act, Public Law 91-513-Oct. 27, 1970, or other federal law." The bills are now in committee in their respective houses.

Drug Testing

Expert Blames Marijuana Testing for Drug Drivers as Leading Cause of Driver Shortage. Chris Harvey, the head of equity strategy at Wells Fargo, is blaming drug testing for making a major contribution to the truckdriver shortage that is causing problems in the supply chain and contributing to rising prices. "It's really about drug testing," Harvey said, speaking at an industry conference last week. "We've legalized marijuana in some states but, obviously, not all... What we've done is we're excluding a significant portion of that trucker industry."

More than 60,000 truckers have been sidelined for testing positive for marijuana as of December under industry drug testing policies that have become stricter even as marijuana is broadly legalized. Under a 2020 law, all truck drivers who have failed a drug test must be listed in a federal database to block them from being hired by other companies. Some 110,000 truckers have tested positive, with 56 percent of them for marijuana use. There is currently a shortage of about 80,000 truckers.

Manchin and Rubio File Anti-Crack Pipe Bill, New Overdose Memorial Site, More... (2/14/22)

Oregon goes after water haulters in a bid to repress illicit pot grows, the Utah House approves a psychedelic study task force bill, and more.

Joe Manchin apparently doesn't like harm reduction. (senate.gov)
Marijuana Policy

Oregon Bill Targets Water Haulers in Bid to Clamp Down on Illicit Marijuana Grows. A bill aimed at reining in rampant illicit marijuana production in the southern part of the state, House Bill 4061, would do so by imposing new record-keeping requirements on water haulers and imposing civil and even criminal penalties for haulers who violate the rules or sell to illicit marijuana growers. The bill would also make it a crime to pump ground water to supply illicit marijuana grows without a water right. Farm groups have raised concerns that the bill could have unintended consequences, and legal marijuana growers object to proposed additional licensing requirements. Bill sponsors said they will attempt to amend the bill to address those concerns.

Psychedelics

Utah House Approves Psychedelic Study Task Force Bill. The House last Thursday overwhelmingly approved House Bill 0167, which would create a task force to study the therapeutic potential of psychedelic substances and to develop possible regulations for their lawful use. The bill would create a Mental Illness Psychotherapy Drug Task Force, which would "study and make recommendations on drugs that may assist in treating mental illness." The bill now heads to the Senate.

Asset Forfeiture

Kansas Bill Would Reform State Asset Forfeiture Laws but Federal Loophole Would Remain. The House Judiciary Committee has introduced an asset forfeiture reform bill, House Bill 2648, which would end civil asset forfeiture (without a criminal conviction) in most cases and addresses "policing for profit" by directing all seizures go to the general fund instead of going to the law enforcement agency that made the seizure, as is the case under current state law. But the bill does not address a loophole that allows state and local law enforcement to get around state asset forfeiture laws by turning cases over to the federal government, which under its equitable sharing program then returns 80 percent of the proceeds to the seizing agency. Instead, it specifically allows police to "transfer the custody or ownership to any federal agency if the property was seized and forfeited pursuant to federal law." The bill gets a House Judiciary Committee hearing on Wednesday.

Harm Reduction

Public Health Group Vital Strategies Launches Online Drug Overdose Memorial Site, Harm Reduction Media Campaign. The public health organization Vital Strategies launched a new, interactive, online memorial on Monday to honor those who have lost their lives to a drug overdose -- more than one million in the past two decades in the US -- far surpassing car crashes and firearm fatalities combined. Inspired by the AIDS quilt, the digital mosaic allows anyone to commemorate a loved one lost to overdose and calls for urgent action in their name.

The memorial's launch is accompanied by the largest-ever national advertising campaign promoting harm reduction, starting with a full page ad in the New York Times featuring 200 real people working in harm reduction, on the front lines of the overdose crisis. Three video ads featuring overdose prevention advocates whose own lives were saved by harm reduction will air 6,000 times in and around Washington, DC on a range of channels including: CNN, BET, ESPN, YouTube, Hulu and various podcasts, totaling 37 million impressions.

Manchin, Rubio File Bill to Block Federal Government from Buying Crack Pipes. US Sens. Joe Manchin (D-WV) and Marco Rubio (R-FL) sought to score political points around last week's federal "crack pipe" controversy by a filing a bill last Friday to bar the use of federal funds to buy and distribute devices used to consume drugs, such as glass pipes used for smoking crack and meth and syringes. Their bill is the cutely acronymed Preventing Illicit Paraphernalia for Exchange Systems Act, or PIPES Act.

"Every American and West Virginian has been impacted by the drug epidemic that has killed over 101,000 Americans from April 2020 to April 2021," Manchin said. "While this is a heartbreaking issue that must be fully addressed by the federal government, using taxpayer funds to buy paraphernalia for those struggling with substance use disorder is not the solution." But the provision of supplies such as clean syringes and "smoking kits" that include rubber stoppers, screens, cleaning dowels, vaseline, and scouring pads are a proven harm reduction intervention aimed at reducing overdoses and the spread of infectious disease, as well as improving overall user health.

MS House Passes MedMJ Bill, MO Drug Decrim Bill Filed, More... (1/20/22)

A marijuana services company has filed a federal lawsuit over massive cash seizures by cops in California and Kansas, the Colombian Constitutional Court puts the kibosh on spraying coca crops with herbicide, and more.

Colombian coca farmers will not have to worry about having toxic herbicides dumped on their fields. (DEA)
Medical Marijuana

Mississippi House Amends Medical Marijuana Bill to Lower Possession Limits, Then Passes It. The House on Wednesday approved the Senate's medical marijuana bill, Senate Bill 2095, but only after amending it to lower the amount of marijuana flower patients can possess each month from 3.5 ounces to 3 ounces. The Senate had previously lowered the limit from 4 ounces to 3.5 in a bid to soothe the concerns of Governor Tate Reeves (R), who has expressed worry that the bill allowed patients too much marijuana. The bill now goes back to the Senate. If the Senate rejects the House's amended limit, the bill would then go to conference committee to hash out the differences.

Asset Forfeiture

Marijuana Services Company Sues Cops in California and Kansas Over Seizures of $1.2 Million in Cash. Empyreal Logistics, a company that uses armored cars to transport cash to and from marijuana businesses, has had its vehicles stopped and cash seized on five separate occasions since last May by sheriff's deputies in Kansas and California. The stops resulted in no citations or criminal charges, but the deputies seized $1.2 million in cash under state civil forfeiture law.

Now, with the help of the Institute for Justice, Empyreal has filed a federal lawsuit arguing that the seizures violate state law, federal law, and the US Constitution. In a complaint it filed last Friday in the US District Court for the Central District of California, Empyreal says it is "entitled to protection from highway robberies, regardless of whether they are conducted by criminals or by the Sheriff and federal law-enforcement agencies acting under color of law."

In both California and Kansas, local sheriffs handed the seizures over to the DEA in a bid to circumvent state laws limiting seizures and who profits from them. The lawsuit charges that the DEA's involvement violates the Rohrabacher-Blumenauer Amendment, a spending rider that bars the Justice Department (which includes the DEA and the FBI) from using any of its funds to interfere with the implementation of state laws authorizing the medical use of marijuana. Because the DEA violated that restriction, the company says, it also violated the Fourth Amendment's ban on unreasonable searches and seizures. And because the seizure was motivated by the prospect of financial gain, the lawsuit says, it violated the Fifth Amendment's guarantee of due process.

Drug Policy

Arizona Bill Would End Restriction on Food Stamp Benefits to Drug Felons. A bill that would remove requirements that people with past felony drug convictions agree to random drug testing and to taking part in a drug treatment program in order to access the Supplemental Nutritional Program (SNAP) has passed its first hurdle. Sponsored by Rep. Walter Blackman (R-Snowflake), the measure, House Bill 2060, was approved unanimously on Wednesday by the House Judiciary Committee. It now heads for a House floor vote.

Missouri Drug Decriminalization Bill Filed. State Rep. Peter Merideth (D) has filed a bill to decriminalize a range of drugs including marijuana, psilocybin, LSD, MDMA and cocaine. The measure, House Bill 2469, would make low-level drug possession an infraction punishable by a maximum $100 fine or participation in a drug treatment program if ordered by a court. The bill would decriminalize up to 10 grams of cannabis, one gram of heroin, one gram of MDMA, two grams of methamphetamine, 40 units of LSD, 12 grams of psilocybin, 40 units of methadone, 40 oxycodone pills and two grams of cocaine. The bill also lowers charges for possessing some quantities greater than personal use from felonies to misdemeanors. It currently has no hearing scheduled.

International

Colombia High Court Blocks Government Plan to Spray Coca Crops with Toxic Herbicide. The country's Constitutional Court ruled Wednesday that the administration of conservative President Iván Duque cannot spray the herbicide glyphosate on coca crops without the consent of rural communities. That effectively blocks the proposed renewal of spraying. The ruling came after rural black and indigenous communities sued to block the plan, saying the herbicide causes disease, destroys traditional crops and pollutes the water.

The court imposed a one-year deadline for agreement to be reached to allow spraying, effectively blocking the Duque administration, which leaves office in August, from moving forward before then. Spraying the coca crop with glyphosates was done in the past but blocked by the Constitutional Court in 2015. President Duque has spent the four years of his administration trying to get it going again.

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