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Asset Forfeiture

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Drug ODs Top 100,000 in One Year, GOP Federal Marijuana Legalization Bill Filed, More... (11/17/21)

A Czech marijuana magazine editor gets convicted of promoting "toxicomania," the DEA has to return money it stole from Americans in two separate cases, New Yorkers rally for sentencing reform, and more.

Another bumper crop of Afghan opium this year. (UNODC)
Marijuana Policy

GOP House Member Files Federal Marijuana Legalization Bill. Rep. Nancy Mace (R-SC) introduced the States Reform Act, which would legalize marijuana at the federal level. It would do so by removing marijuana from Schedule I of the Controlled Substances Act, leaving it up to the states to set their own marijuana policies. The bill would also set a 3 percent federal excise tax and release and expunge the records of those convicted of federal marijuana offenses. Mace said her bill represented a compromise that could gain support from both Republicans and Democrats.

Wisconsin Bipartisan Bill Would Lighten (Most) Marijuana Penalties. Rep. Sylvia Ortiz-Velez (D-Milwaukee) and Rep. Shae Sortwell (R-Two Rivers) have filed a bill that would lessen penalties for marijuana possession in most of the state, but increase fines in some of the state's largest cities, including Madison and Milwaukee, where the fine for pot possession is $1 in the former and $0 in the latter. Under current state law, pot possession is punishable by up to a $1,000 fine and six months in jail. Under the new bill, the maximum penalty would be a $100 fine with no possibility of jail time. Marijuana reforms have so far gone nowhere in the Republican dominated legislature, which has refused to pass even medical marijuana.

Asset Forfeiture

DEA Forced to Return $100,000 Stolen from Two Victims. Twice in the past week, the DEA has been forced to return money it seized from travelers as they tried to board flights at domestic airports. Although it is not illegal to carry large sums of cash, in both cases, the DEA decided the cash had to have been illegally obtained and seized it. In one case, New Orleans resident Kermit Warren had $30,000 he was carrying to buy a tow truck seized by agents in Cincinnati. Only afte Warren's lawyers presented corroborating evidence to prosecutors back down, agree to return his seized money, and dismiss the case "with prejudice," being they cannot go after the money later. In the second case, with the same elements -- a US airport, a domestic flight, the presence of cash, and unsubstantiated claims about drug trafficking -- the DEA seized $69,000 from New York filmmaker Kedding Etienne. But Etienne, too, fought back and prevailed, but only after rejecting an offer to drop the case after the DEA skimmed 10% off the top.

Harm Reduction

US Overdose Deaths Topped 100,000 in One Year, CDC Says. An estimated 100,300 Americans died of drug overdoses in the period from May 2020 to April 2021, the highest one-year death toll ever, according to provisional estimates from the Centers for Disease Control and Prevention (CDC). That's a jump of 30 percent over the previous year. Experts point to the prevalence of fentanyl in the unregulated drug supply and the social isolation of the coronavirus pandemic as major drivers of the increasing toll. "This is unacceptable and it requites an unprecedented response," said Dr. Rahul Gupta, director of National Drug Control Policy (ONDCP -- the drug czar's office). Fentanyl was implicated in nearly two-thirds of overdose deaths, other opioids in about 12 percent, and non-opioid drugs were implicated in about a quarter of the deaths.

Sentencing

New York Activists Rally for Sentencing Reforms. Activists rallied all across the state on Wednesday to demand sentencing reforms under the rubric Communities Not Cages. Arguing that current laws are unfair and disproportionately target communities of color. The campaign is also calling for the passage of a trio of reform bills, the Eliminate Mandatory Minimums Act, the Second Look Act, and the Earned Time Act. The first would eliminate mandatory minimums and the state's three-strikes law, the second would allow imprisoned people to seek resentencing after serving either half of their sentence or 10 years, and the third would increase "good time" laws to allow prisoners to earn more time off their sentences.

International

Afghanistan's Opium Production Continues to Rise, UN Report Says. Even as the country's Western-backed government was crumbling in the face of a Taliban advance this past summer, Afghan opium production was on the increase, the UN Office on Drugs and Crime (UNODC) reported Wednesday. The 2021 harvest was some 6,800 tons of opium, up 8 percent over 2020. That generated between $1.8 and $2.7 billion for the Afghan economy, but "much larger sums are accrued along illicit drug supply chains outside Afghanistan," it added. The Taliban has threatened to ban the crop, but faces the reality that opium -- which accounts for 10 percent of the national economy -- is a mainstay for thousands of families. "There is no work, all the families are in debt, and everyone's hope is opium," farmer Mohammad Wali explained.

Czech Marijuana Magazine Editor Convicting of Promoting "Toxicomania." Robert Veverka, the editor of the magazine Legalizace, and the magazine itself have been convicted in a district court in the town of Bruntal of inciting and promoting "toxicomania." Veverka was sentenced to 2 ½ years of probation, with a one-year jail sentence hanging over his head. Judge Marek Stach conceded that the magazine provided comprehensive information and expert opinion, as well as insight into medical marijuana, but ruled that some articles could "incite" readers to acquire the means to grow marijuana themselves.

Surgeon General Say Don't Jail People for Pot, ME Law Ends Civil Asset Forfeiture, More... (7/19/21)

The AMA Advocacy Update chronicles one doctor's problems trying to prescribe for chronic pain and addicted patients, Maine becomes the fourth state to end civil asset forfeiture, and more.

US Surgeon General Vivek Murthy says it is time to stop locking people up for marijuana. (hhs.gov)
Marijuana Policy

US Surgeon General Says Time to Stop Locking People Up for Marijuana. Surgeon General Vivek Murthy said Sunday that it is time to stop locking up people for using marijuana. "When it comes to decriminalization, I don't think that there is value to individuals or to society to lock people up for marijuana use," Surgeon General Vivek Murthy said in a CNN appearance. "I don't think that serves anybody well." His comments came in response to a question about a new draft marijuana legalization bill, and are in line with President Biden, who supports marijuana decriminalization, but not commercial legalization. "When it comes to marijuana, I think we have to let science guide us," Murthy said in the CNN interview. "And we know that the science tells us that there are some benefits to marijuana from a medical perspective but there are also some harms that we have to consider -- and we have to put those together as we think about the right policy."

Heroin and Prescription Opioids

AMA on a Doctor's Trials Trying to Treat Pain Patients in the Context of Arbitrary Policies. The American Medical Association (AMA) Advocacy Update has published a piece on the travails of southern Illinois family medicine and addiction medicine specialist Dr. Aaron Newcomb, whose patients found themselves unable to refill prescriptions after he was "blacklisted" by a pharmacy chain citing 2016 Centers for Disease Control and Prevention (CDC) guidelines aimed at reducing opioid prescribing in the face of a rising opioid overdose death toll.

"When the CDC guidelines came down in 2016 basically saying we needed to take as many people as we could off opioids, I knew that my patients were in for a world of trouble," said Dr. Newcomb. "I was particularly concerned about my patients who were stable on low-dose opioid therapy for years. And my concerns have translated into an even worse reality for both me and my patients. Getting blacklisted by a national chain who had no clue about my practice was professionally wrong, but it also hurt my patients and my community."

Newcomb had to explain the nuances of pain prescribing to the pharmacy chain: "When they got back to us, they basically questioned a specific formulation of buprenorphine I was prescribing for stable patients with cost or tolerability problems that isn't a preferred type unless there is a clinical reason," Dr. Newcomb explained. "They were also concerned about opioid therapy in general as well as the dose of buprenorphine used to effectively treat patients, and their algorithm out of context painted a misrepresentative picture of my controlled-substance prescribing habits."

Newcomb was eventually able to get back in the chain's good graces and his patients are now receiving their medication, but his case illustrates the challenges faced by pain physicians and their patients in a time where the opioid-prescribing pendulum has swung so dramatically back to the conservative side.

Asset Forfeiture

Maine Becomes 4th State to End Civil Asset Forfeiture. A new law barring asset forfeiture without a criminal conviction went into effect without the signature of Gov. Janet Mills (D), making Maine the fourth state to abolish the practice of civil asset forfeiture. The legislature earlier this year passed LD 1521, which fully repeals the state's civil forfeiture laws, while also strengthening the criminal forfeiture process. While touted as a tool against drug dealers, one report found that half of all forfeitures in the state were under $1,670 dollars. The other three states that have ended civil asset forfeiture are North Carolina (1985), New Mexico (2915) and Nebraska (2016).

International

Mexico President Makes Rare Call for Dismissal of a State Attorney General. President Andres Manuel Lopez Obrador called last Friday for the resignation of Guanajuato state Attorney General Carlos Zamarripa after the state registered 1,562 murders in the first five months of this year. That figure is higher than any other state, even though Guanajuato is only the country's sixth most populous states. He also suggested there was corruption or collusion with some of the drug cartels battling to control the state. "If he [Zamarripa] were the manager of a company, with this kind of performance they would have fired him," López Obrador said Friday. "When officials do not act with honesty, with rectitude, when there is no division between criminals and the authorities, no progress can be made." López Obrador said.

Zammaripe, who has been attorney general for 12 years, has been accused by businessmen and local experts of being close to the Santa Rosa de Lima cartel, which had such control over an oil refinery that it could brazenly steal fuel in and around the plant, leading to a federal troop deployment. "Carlos Zamarripa for many years protected El Marro," the leader of the Santa Rosa de Lima gang who was arrested in 2020," said security expert David Saucedo. But now, said Saucedo, Zamarripa seems to have changed sides, expecting the Santa Rosa gang to fall apart as the Jalisco New Generation cartel moved in. Instead, the Sinaloa cartel sent reinforcements to assist the Santa Rosa gang, and the death toll has skyrocketed. "Definitely, Zamarripa is part of the problem," Saucedo said.

CT Set to Become 19th Marijuana Legalization State, Another Filipino "Narco Politician" Gunned Down, More... (6/17/21)

A minor civil asset forfeiture bill advances in Michigan, another new poll has strong support for drug decriminalization, and more.

A bill to legalize marijuana in Connecticut is now before the governor. (Creative Commons)
Marijuana Policy

Connecticut Marijuana Legalization Bill Heads for Governor's Desk. With final votes in the House and Senate approving Senate Bill 1201, Connecticut is set to become the 19th state to legalize marijuana. Gov. Ned Lamont (D) had aired concerns about whether an equity program went too far in prioritizing marijuana business licenses for people with marijuana arrests or convictions—even if they were now wealthy—but late amendments in the legislature addressed those concerns, and he is now expected to sign the bill.

Asset Forfeiture

Michigan House Approves Minor Civil Asset Forfeiture Reform. On a vote of 108-1, the House on Tuesday approved House Bill 4240, which mandates the funds derived from civil asset forfeitures will be distributed "through the treasurer of the unit of government overseeing the law enforcement unit, so that they may be appropriated for uses that enhance enforcement of criminal laws." The bill comes after a scandal last year in which the former Macomb County prosecutor was charged with official misconduct and embezzlement of civil asset forfeiture funds while in office. The bill does not otherwise restrict civil asset forfeiture.

Drug Policy

Second Recent Poll Finds Strong Support for Ending War on Drugs. A new poll from Data for Progress and The Lab found that 71% of respondents said federal anti-drug policies aren't working and reform is needed, 59% supported decriminalizing drug possession, 60% support moving regulatory authority of drugs from the DEA to HHS, and even 55% support decriminalizing small-time drug sales. An ACLU/Drug Policy Alliance poll last week had even stronger results, with 83% saying the war on drugs had failed and 66% supporting drug decriminalization.

Law Enforcement

Wisconsin Assembly Approves Limited Policing Reforms. The Assembly has passed a package of bills approving police reform measures, including barring chokeholds unless an officer's life is under threat, requiring police who shoot someone to take a drug test, and tracking the use of no-knock warrants. But some Democrats said that failing to enact a complete ban on chokeholds and no-knock search warrants meant the Assembly was not seriously addressing the issue. Legislative leaders countered that the bills were a step in the right direction.

International

Another Filipino Accused of Being "Narco Politician" Shot Dead in Police Custody. Former Talitay Mayor Montasser Sabal was shot and killed by police Wednesday after they arrested him on drug trafficking charges. Police said he tried to grab a gun from officers while being brought to Manila. In May 2019, President Rodrigo Duterte identified 44 mayors and other elected officials as "narco politicians." More than 20 on the list have already been killed in similar circumstances. In cases where police ackowledge killing people in anti-drug operations during the Duterte drug war -- 6,117, a figure far lower than the 30,000 estimated by NGOs watching the situation, police claim those killed were resisting arrest ("nanlaban") in all but a few cases. In its request for authorization to investigate announced this week, the Office of the Prosecutor of the International Criminal Court wrote there is "a reasonable basis to believe that between at least 1 July 2016 and 16 March 2019, members of Philippine security forces... deliberately killed thousands of civilians..."

Rio de Janeiro Drug Raid Massacre, AZ Governor Signs Asset Forfeiture Reform Bill, More... (5/7/21)

Medical marijuana bills are moving in several states, a Minnesota marijuana legalization bill has just won its 11th committee vote (!), the Texas House passes a psychedelic therapeutic study bill, and more.

A favela in Rio de Janeiro. A police raid on a Rio favela left 25 dead this week. (Creative Commons)
Marijuana Policy

Federal Law Enforcement Arrested Nearly 5,000 People on Marijuana Charges Last Year. Despite spreading legalization at the state level, federal marijuana prohibition remains in full force, with the DEA reporting seizing over 4 ½ million pot plants and making nearly 5,000 marijuana arrests. The number of plants seized was up by 20% over 2019, while the number of arrests was up only slightly from 2019. Both figures, though, represent substantial decreases from a decade ago, when the DEA seized nearly nine million plants and made 8,500 pot arrests.

Idaho Senate Approves Bill to Ban Marijuana Advertising. The state Senate on Wednesday approved a bill that would bar commercial advertising for marijuana in the state, a move that could potentially impact ballot initiatives to legalize the drug in the state. The bill was only filed this week and had a public hearing earlier in the day that gave the public little chance to participate. The bill now goes to the House.

Minnesota Marijuana Legalization Bill Wins Yet Another House Committee Vote. The omnibus marijuana legalization bill, House File 600, was approved by the House Taxes Committee Wednesday. That was the 11th committee to approve the bill. It still must go before the House Ways and Means Committee before heading for a House floor vote. The bill face dim prospects, though, in the Republican-controlled state Senate.

Wisconsin GOP Lawmakers Strip Governor's Marijuana Legalization Proposal from Budget. The Republican-dominated Joint Finance Committee voted 12-4 on Thursday to delete Gov. Tony Evers' (D) marijuana legalization proposal from the budget. The move was no surprise, and has led to call from Evers for residents to put pressure on GOP lawmakers to support his agenda.

Medical Marijuana

Alabama Medical Marijuana Bill Heads to Governor's Desk. With final approval in the House on Thursday, and the Senate approving changes from the House that same day, a medical marijuana bill, Senate Bill 46, is now headed to the desk of Gov. Kay Ivey (R), who has not indicated whether she will sign it. The bill would allow people suffering from a list of about 20 specified medical conditions to have access to medical marijuana.

Kansas House Approves Medical Marijuana Bill. The House on Thursday voted 78-42 to approve a medical marijuana bill, House Substitute for SB158. The bill now heads to the Senate.

Tennessee Legislature Approves Limited Medical Marijuana Bill. A bill that would expand the state's limited CBD program and create a medical marijuana study commission has passed the legislature and now heads for the desk of Gov. Bill Lee (R), who is expected to sign it. It would allow patients to possess CBD oil with no more than 0.9% THC but provides no legal means of accessing it within the state.

Psychedelics

Texas House Approves Psychedelic Therapeutic Study Bill. The House on Thursday voted to approve a bill, House Bill 1802, that would mandate the state conduct a study of the therapeutic potential of psychedelic drugs such as psilocybin and MDMA. The measure passed on an overwhelming vote of 134-12. The bill was amended in the House to limit the study to veterans with PTSD instead of the broader study originally envisioned. The bill now goes to the Senate.

Asset Forfeiture

Arizona Governor Signs Asset Forfeiture Reform Bill into Law. Governor Doug Ducey (R) on Wednesday signed into law House Bill 2810, which reforms but does not eliminate civil asset forfeiture in the state. The bill passed the legislature with strong support.

International

Brazil Drug Raid in Rio Favela Leaves 25 Dead. A massive police operation Thursday against drug traffickers in the Jacarezinho favela in Rio de Janeiro left one policeman and 24 favela residents dead. The bloody raid is drawing condemnation from human rights groups. "Who are the dead? Young black men. That’s why the police talk about ‘24 suspects.’ Being a young, black favela resident automatically makes you a suspect to the police. They just keep piling up bodies and saying, ‘They’re all criminals,’" said Silvia Ramos, head of the Security Observatory at Candido Mendes University. "Is this the public security policy we want? Shootouts, killings and police massacres?" This isn't the deadliest anti-drug police operation in the country's history: A 2005 raid in the Baixada Fluminense favela left 29 dead. Police in Rio have a reputation for deadliness, and Human Rights Watch reports that they killed 453 in the first quarter of 2021.

Arizona Civil Forfeiture Ban Passes Legislature, Michigan THC Limit Driving Bill Filed, More... (4/29/21)

Federal bills to reform asset forfeiture and study the impact of marijuana legalization get filed, a Tennessee push for medical marijuana dies for the year, and more.

Action on asset forfeiture in the Congress, and in Alabama and Arizona. (Creative Commons)
Marijuana Policy

Federal Bill to Study Impacts of Marijuana Legalization Filed. Senators Robert Menendez (D-NJ) and Rand Paul (R-KY) have filed a bill that would create a first-of-its-kind comprehensive study into the impacts and effects of state-legalized medicinal and non-medicinal marijuana programs. The Marijuana Data Collection Act is also being filed in the House by Reps. Sylvia Garcia (D-TX) and Don Young (R-AK). It would require the Secretary of Health and Human Services, the Attorney General, the Secretary of Labor, and relevant state health agencies to enter a ten-year arrangement with the National Academy of Sciences to conduct, and update, a study on the effects of legalized state marijuana programs biennially. This study would evaluate the impacts and effects of state-legalized medicinal and non-medicinal marijuana programs on state economies, public health, criminal justice, and employment.

Michigan Bill Would Set Marijuana Blood Level for Driver Intoxication. Rep. Pamela Hornberger (R-Chesterfield) has filed House Bill 4727, which would specify how much THC could be in someone's blood before that person is deemed a per se impaired driver. The bill sets a limit of 5 nanograms per milliliter of blood. The bill contradicts the recommendations of a state commission that studied THC blood levels and intoxication, which found that "there is no scientifically supported threshold of (THC) bodily content that would be indicative of impaired driving due to the fact that there is a poor correlation between driving impairment and the blood (plasma) levels of (THC) at the time of blood collection."

Medical Marijuana

Tennessee Medical Marijuana Bill Dies. There will be no medical marijuana in the Volunteer State after the last remaining medical marijuana bill in the legislature was defeated by a single vote in the House Criminal Justice Committee. The bill would have allowed state residents to possess medical marijuana produced in other states.

Texas House Approves Medical Marijuana Expansion. The House has given its approval to House Bill 1535, which would raise allowable THC limits from 0.5% to 5% and add PTSD and several additional medical conditions to the state's medical marijuana program.

Psychedelics

Maine Bill to Legalize Therapeutic Use of Psilocybin Filed. State Sen. Donna Bailey (D) has filed a bill that would legalize the therapeutic use of psilocybin, the Maine Psilocybin Services Act. Under the bill, people 21 and over could legally buy psilocybin from licensed retailers and consume them under the supervision of a licensed "psilocybin services facilitator." The bill would require no specific diagnosis to access psilocybin therapy.

Asset Forfeiture

Federal Asset Forfeiture Reform Bill Filed. US Reps. Tim Walberg (R-MI) and Jamie Raskin (D-MD) have filed a civil asset forfeiture reform bill, he Fifth Amendment Integrity Restoration Act (HR 2857), or FAIR Act. The bill would raise the level of proof necessary for the federal government to seize property. Further, it would reform the IRS structuring statute to protect innocent small business owners while increasing transparency and congressional oversight.

The bill was cosponsored by Reps. Bobby Rush (D-IL), Tom McClintock (R-CA), Tony Cárdenas (D-CA), and Kelly Armstrong (R-ND).

Alabama Asset Forfeiture Reform Bill Advances. The House State Government Committee voted Wednesday to approve House Bill 394, a comprehensive civil asset forfeiture reform measure. The legislative session ends in three days. The bill could still pass, but it has to move now.

Arizona Legislature Passes Bill to End Civil Asset Forfeiture. The Senate on Wednesday approved HB 2810, which would end asset forfeiture without a criminal conviction. The bill has already passed the House and now goes to the desk of Gov. Doug Ducey (R).

Biden Won't Commit On Marijuana Legalization Bill, Alabama Forfeiture Reform Advances, More... (4/21/21)

Asset forfeiture reform stalls in Hawaii but advances in Alabama, the Denver city council votes to approve marijuana deliveries and consumption lounges, and more.

Denver. Marijuana deliveries and consumption lounges are coming to the Mile High City. (Creative Commons)
Marijuana Policy

Biden Won't Commit to Sign Marijuana Legalization Bill If Passed by Congress, Press Secretary Says. President Biden's stance toward a forthcoming marijuana legalization bill is noncommittal, White House Press Secretary Jen Psaki said Tuesday. She declined to say whether he would sign or veto such a bill. "The president supports leaving decisions regarding legalization for recreational use up to the states, rescheduling cannabis as a Schedule II drug so researchers can study its positive and negative impacts and, at the federal level, he supports decriminalizing marijuana use and automatically expunging any prior criminal records," she said. "He also supports legalizing medicinal marijuana so that's his point of view on the issue." When pressed, Psaki added: "He'll look at the research once that's concluded. Of course we understand the movement that's happening toward it. I'm speaking for what his position is and what long, consistently has been his position. He wants to decriminalize, but again, he'll look at the research of the positive and negative impacts."

Denver to Get Marijuana Deliveries and Consumption Lounges. The city council voted Monday night to allow marijuana deliveries and consumption lounges, and Mayor Michael Hancock says he supports the move. Once signed into law, some of the changes could go into effect immediately, but it could take a few months to get delivery services up and running.

Asset Forfeiture

Alabama Senate Approves Asset Forfeiture Reform Bill. The state Senate on Tuesday voted unanimously to approve a bill that reforms but does not end civil asset forfeiture, Senate Bill 210. The bill, passed with support from prosecutors and law enforcement, would bar the seizure of less than $250 in cash or cars worth less than $5,000, require a finding of probable cause before a forfeiture can occur, require a post-seizure seizure order for property seized without a warrant, bar law enforcement from inducing or requiring a person to waive his interest in a property, and prohibit "disproportionate" seizures. The bill now heads to the House.

Hawaii Asset Forfeiture Reform Effort Fails. A move to reform asset forfeiture procedures and eliminate civil asset forfeiture, Senate Bill 294, has stalled amid disagreements between House and Senate legislators. Under the bill, property cold still be seized without a conviction, but not sell it. House leadership was demanding that the entire section on civil asset forfeiture reform be removed, leading Senate Judiciary Committee Chairman Sen. Karl Rhoads to say: "The House's position on this issue has changed fairly substantially. I think I still have a very difficult time with the fundamental fairness of having someone's property taken away in a criminal context when they haven't been convicted of anything. "I don't see a way forward."

Mexico MJ Legalization Nears Final Vote, NIJ on MJ Impairment Tests, More... (4/6/21)

A Louisiana Republican state representative has filed a marijuana legalization bill, an effort to advance even minor asset forfeiture reforms hits law enforcement opposition, and more.

Tests that seek to determine impairment based on THC levels are not reliable, the NIJ reports. (Creative Commons)
Marijuana Policy

National Institute of Justice Finds Field Sobriety Tests and THC Levels Are "Unreliable" Indicators of Impairment. In a report issued Monday, the National Institute of Justice found despite a growing resort toward "per se" laws that use the level of THC in bodily fluids to determine impairment, "there is little evidence correlating a specific THC level with impaired driving, making marijuana per se laws controversial and difficult to prosecute." Researchers concluded that "although THC has been proven to affect areas of the brain that control movement, balance, coordination, memory, and judgment -- skills required for safe driving -- THC levels in biofluids were not reliable indicators of marijuana intoxication for their study participants."

Louisiana Marijuana Legalization Bill Filed. State Rep. Richard Nelson (R-89) has filed House Bill 564, "for the decriminalization of marijuana and the regulation of marijuana for recreational use." The bill is a constitutional amendment, which means that if it passes out of the legislature, it would then have to be approved by voters. It is currently before the House Administration of Criminal Justice Committee.

Asset Forfeiture

Nevada Asset Forfeiture Reform Measure Facing Law Enforcement Opposition. An effort to reform the state's asset forfeiture laws has already been scaled back, but law enforcement Monday strongly opposed even the limited reforms proposed in Assembly Bill 425. The bill would make forfeiture occur at the end of a criminal case rather than forcing defendants to start a separate civil proceeding to keep their property. But law enforcement and local government interests, which derive proceeds from seized goods, are still opposed.

International

Mexico Marijuana Legalization Bill Wins Key Senate Committee Vote, Floor Vote Expected This Month. The bill that would legalize marijuana was approved Monday by the Senate Justice Committee, bringing it one step closer to a final Senate floor vote. The bill had already passed the Senate and the Chamber of Deputies but has gone back to the upper chamber to ratify amendments made in the lower chamber. It still faces two more committee votes before that final floor vote.

NY Governor Signs Marijuana Legalization into Law, Biden White House Sets Drug Policy Priorities, More... (4/1/21)

The Biden administration has filed a brief with the Supreme Court supporting an effort to expand sentencing reductions under the 2018 First Step Act, the New Mexico legislature has voted to legalize marijuana, and more.

New York State Capitol
Marijuana Policy

New Mexico Lawmakers Approve Marijuana Legalization, Governor Will Sign Bill. New Mexico has become the second state in as many days to see lawmakers approve marijuana legalization. New York did it on March 30, and with the approval of House Bill 2, the Cannabis Regulation Act, and Senate Bill 2, the Expungement of Certain Criminal Records Act, by legislators in Santa Fe, New Mexico got it done on March 31. Governor Michelle Lujan Grisham (D) supported the effort and says she will sign the bills into law.

New York Governor Signs Marijuana Legalization Bill into Law. One day after the legislature passed Senate Bill 854, the Marijuana Regulation and Tax Act, Governor Andrew Cuomo (D) signed it into law Wednesday. That makes the state the 15th to legalize marijuana.

Asset Forfeiture

North Dakota Legislature Approves Asset Forfeiture Reporting Bill. The state Senate on Wednesday approved House Bill 1480, which would impose new reporting requirements for property seized by police. The bill would require more information be provided in courts' forfeiture judgments, including where the seizure took place, the alleged crime, and the outcome of the case. The bill now goes to the desk of Governor Doug Burgum (R), who has three legislature days to either sign or veto it.

Drug Policy

Biden Administration Releases First Year Drug Policy Priorities. Citing the nation's "overdose and addiction crisis," the Biden administration on Thursday laid out a set of drug policy priorities for its first year. "President Biden has made clear that addressing the overdose and addiction epidemic is an urgent priority for his administration… President Biden has also said that people should not be incarcerated for drug use but should be offered treatment instead. The President has also emphasized the need to eradicate racial, gender, and economic inequities that currently exist in the criminal justice system."

Sentencing

Biden Administration Urges Leniency for Harsh Crack Sentences. The Biden administration on Wednesday filed a brief with the Supreme Court endorsing an effort by low-level crack cocaine offenders to obtain reduced sentences. The brief urged the court to widen eligibility for sentence reductions for some drug offenses under the 2018 First Step Act. The Supreme Court will hear arguments in the case, Tarahrick Terry v. U.S., No. 20-10482, on May 4.

NM Legalization Bill Awaits Special Session, Biden Admin Supports Colombia Coca Spraying, More... (3/22/21)

Colorado's governor signs a marijuana socieal equity bill, Arizona's sheriffs and prosecutors don't want to lose civil asset forfeiture, Mexican cartel hitmen gun down 13 cops in Mexico state, and more.

Colombian coca growers face the threat of being sprayed with toxic glyphosate. (DEA)
Marijuana Policy

Colorado Governor Signs Marijuana Social Equity Bill. Gov. Jared Polis (D) last Friday signed into law SB21-111, which is designed to support social equity licensees in the industry. The bill creates a program in the Office of Economic Development that will provide loans and grants to such licensees and is initially funded with $4 million from the marijuana tax fund.

New Mexico Governor Calls Special Session After Clock Runs Out on Marijuana Legalization Effort. The state's legislative session ended Saturday without a marijuana legalization bill being approved, so Gov. Michelle Lujan Grisham (D) has announced that she will call a special session to deal with the issue, probably on March 31. "I believe legalization will be one of the largest job-creation programs in state history, driving entrepreneurial opportunities statewide for decades to come," she said. "I look forward to continuing to work with lawmakers to get the job done right." The bill that is still alive, House Bill12, passed out of the Senate Judiciary Committee last Thursday, but never got a floor vote before the session ended.

New York Groups Call on Legislature to Pass Marijuana Regulation and Tax Act. More than 70 groups representing labor unions, civil rights, immigration reform, faith-based organizers, criminal justice and police reformers, parents, treatment providers, drug reform groups, legal advocates and other organizations from across the state of New York sent a letter Monday to Albany's legislative leaders urging the swift passage of the Marijuana Regulation & Taxation Act (MRTA) to "ensure legalization has justice, reinvestment, and health and social equity at the core." The MRTA (S.854/A.1248) would set a new national model by focusing benefits on those who have been harmed by prohibition, according to the groups.

Asset Forfeiture

Arizona Sheriffs, Prosecutors Urge Governor, Lawmakers to Amend Bill That Ends Civil Asset Forfeiture, Last Friday, nearly two dozen sheriffs and county attorneys urged Gov. Doug Ducey (R) and the state Senate to amend HB 2810 to remove the requirement that a criminal conviction be obtained before seizing currency. The bill overwhelmingly passed by the House bars civil asset forfeiture, but the lawmen want the ban to apply only to seizures of property, not currency. They claim the bill would benefit Mexican drug cartels. The bill must still pass the Senate Rules Committee before heading for a floor vote.

Foreign Policy

Biden Administration Is Supporting Renewed Spraying of Herbicides to Kill Off Colombia's Coca Crop. Earlier this month, the Biden administration made clear that it supports Colombian President Ivan Duque in his bid to restart the spraying of toxic glyphosate on coca crops. In the administration's first annual International Narcotics Control Strategy Report, released March 2, the position was made crystal clear: "The government of Colombia has committed to restarting its aerial coca eradication program, which would be a most welcome development." The World Health Organization warned in 2015 that glyphosate damages the environment and might be carcinogenic.

International

Mexico Cartels Kill 13 Police in State of Mexico Ambush. A police convoy in the central state of Mexico was attacked by presumed cartel gunmen last Thursday, leaving 13 law enforcement officers dead. "The convoy was carrying out patrols in the region, precisely to fight the criminal groups that operate in the area," said Rodrigo Martinez Celis, head of the state Public Safety Department. It is the deadliest attack on Mexican police since October 2019, when 14 officers were killed in an ambush in the western state of Michoacan.

WA Supreme Court Throws Out Felony Drug Possession Law, Clock Ticking on VA Marijuana Legalization, More... (2/26/21)

Asset forfeiture reform is moving in Arizona, the Connecticut governor's marijuana legalization bill gets a hearing, the Nevada legislature looks at ending the federal ban on food stamps for drug offenders, and more.

Marijuana Policy

Connecticut Marijuana Legalization Bill Gets Hearing, Police Chiefs Oppose. The Judiciary Committee is holding a hearing on a marijuana legalization bill supported by Gov. Ned Lamont (D), SB 888. At the same time, the Connecticut Police Chiefs Association is formally opposing the bill, saying it is worried legalization would make the highways less safe and invoking the opioid crisis.

Montana Lawmakers Consider Tightening Limits on Legal Marijuana. The House Business and Labor Committee on Wednesday heard testimony of HB 568, which would impose numerical and distance restrictions on legal marijuana businesses. The bill would cap the number of adult sales stores to one per 10,000 residents, with only one shop in counties with fewer than 10,000 residents. The bill would also require pot shops to be 1,000 feet away from places of worship, schools, preschools, day care facilities, parks, recreational facilities and playgrounds. The committee took no action on Wednesday.

South Dakota Lawmakers Advance Marijuana Banking Bill. The Senate Commerce and Energy Committee voted Thursday to approve HB 1203, which would let state-chartered banks do business with legal marijuana and industrial hemp businesses. The bill has already passed the House and now heads for a Senate floor vote.

Virginia House, Senate Seek Compromise on Marijuana Legalization as Saturday Deadline Looms. Legislators have about 24 hours to come to agreement on competing marijuana legalization bills passed by the House and Senate before a Saturday deadline. It looks like lawmakers will go with the House on timing, agreeing to defer legalization until January 1, 2024, while the Senate bill called for legalization on July 1. The two chambers remain split, though, on whether five current medical marijuana operators will be allowed to sell recreational weed. The House opposes such vertical integration, but the Senate would allow it if the operators pay $1 million into a Cannabis Equity Business Fund. The clock is ticking.

Medical Marijuana

South Dakota House Approves Bill Delaying Implementation of Medical Marijuana Legalization. The House voted to approve a bill delaying implementation of voter-approved medical marijuana, HB 1100. The bill was the brainchild of Gov. Kristi Noem (R), who sought a one-year delay, but the bill was amended in the House to create only a six-month delay "in the spirit of compromise."

Asset Forfeiture

Arizona House Passes Bill to End Civil Asset Forfeiture. The House on Wednesday approved a bill to end civil asset forfeiture in the state, HB 2810, which would require that the state actually convict somebody of a crime before seizing their property. The bill now heads to the Senate.

Drug Policy

Nevada Lawmakers Take Up Bill to End Food Stamp Ban for Drug Offenders. The Assembly is considering a bill that would let the state opt out of a federal 1996 "welfare reform" that banned people convicted of drug offenses from being able to receive assistance such as food stamps. AB 138, which was heard Wednesday, removes the prohibition. The bill would have originally required persons to show they were not "currently possessing, using or distributing controlled substance," but Assemblywoman Susie Martinez (D-Las Vegas), the primary sponsor for the legislation, eliminated that section. No vote was taken.

Washington Supreme Court Strikes Down Strikes Down State's Drug Possession Law. The state Supreme Court on Thursday throw out the state's felony drug possession law because it did not mandate that prosecutors prove that someone knowingly or intentionally possessed drugs. The ruling came in the case of a Spokane woman who was given a pair of jeans that had a small bag of meth in one pocket. "Attaching the harsh penalties of felony conviction, lengthy imprisonment, stigma, and the many collateral consequences that accompany every felony drug conviction to entirely innocent and passive conduct exceeds the legislature's powers, Chief Justice Sheryl Gordon McCloud wrote for the majority.

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