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Asset Forfeiture

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Chronicle AM: NM & NY Govs Call for MJ Legalization, NJ Gov Signs Criminal Justice Bills, More... (1/22/20)

Two Democratic governors push for marijuana legalization, another Democratic governor signs a package of criminal justice reform bills, and more.

New York Gov. Andrew Cuomo calls for marijuana legalization as part of the state's budget process. (Creative Commons)
Marijuana Policy

New Mexico Governor Calls for Marijuana Legalization. Gov. Michelle Lujan Grisham used her State of the State address Tuesday to reiterate her call for marijuana legalization. "We've got to create more opportunity in rural communities, on Main Streets all through our state -- and so we've got to consider every single good idea. A perfect example is cannabis," she said. "This is the fact: Recreational cannabis can be the next frontier of our economic expansion. We can get in on the ground floor or we can try to play catch up -- I know which one I prefer." She wants to see the Cannabis Regulation Act (HB 160) passed during the legislature's 30-day session that just got underway.

New York Governor Calls for Marijuana Legalization. Gov. Andrew Cuomo (D) included marijuana legalization in his budget proposal Tuesday. The call for legalization comes after a similar effort foundered in Albany last year. "Legalize adult use cannabis," Cuomo said during his budget speech. "I believe it is best done in the budget. I said that last year. I believe the budget is the opportunity, frankly, to make some tough decisions and work through tough issues that without the budget can often languish, and I suggest that we get it done in the budget." The bill to watch is the Cannabis Regulation and Taxation Act (AB 1617).

Hemp

Idaho Hemp Bill Moving. A bill to legalize hemp farming will get a hearing in the Senate Health and Welfare Committee after the committee voted Tuesday to approve it. The bill filed by Republican Rep. Dorothy Moon (Stanley) would allow hemp with tiny amounts of THC to be grown in the state. The bill also has an emergency clause that would allow farmers to grow hemp this year if signed into law.

Criminal Justice

New Jersey Governor Signs Three Criminal Justice Bills. Gov. Phil Murphy (D) used the occasion of Martin Luther King, Jr. Day to sign three pieces of criminal justice reform legislation. SB 761, also known as the "Earn Your Own Way Out Act," requires the Department of Corrections to develop a reentry program for each inmate and streamlines the parole system. AB 4970 bans civil asset forfeiture with limited exceptions. The law will make it easier for individuals with dismissed or acquitted cases to recover seized money and valuables. SB 3309 creates the New Jersey Violence Intervention Program within the attorney general's office. It will award grants to municipalities, health agencies, law enforcement agencies, and nonprofit organizations that implement effective, evidence-based violence intervention initiatives in communities with disproportionately high rates of gun violence.

Chronicle AM: NM Governor Says Legalize This Year, KY Justice Reform Push, More... (1/16/20)

New Mexico could legalize marijuana next month, Virginia activists says marijuana decriminalization is not enough, Kentucky prepares to go to work on criminal justice reforms, and more.

The Virginia state capitol in Richmond. Activists and legislators are jousting over marijuana reforms. (Creative Commons)
Marijuana Policy

California Bill to Protect Marijuana Financial Services Providers Advances. The Assembly Committee on Business and Professions unanimously approved Assembly Bill 1525 on Tuesday. The measure would protect financial institutions and accountants serving the legal marijuana industry by clarifying that they aren't committing crimes under state law. The measure now heads to the Assembly Appropriations Committee.

New Mexico Governor Calls for Marijuana Legalization In 2020. Gov. Michelle Lujan Grisham (D) has made marijuana legalization part of her formal agenda for the year. In the agenda she sent to legislators Wednesday, she said she wants a bill "legalizing the use of recreational cannabis in New Mexico and establishing a regulatory framework for its use, including public safety considerations, public health safeguards, and the protection of the state's existing medical cannabis program." A similar effort came up short in the legislature last year, and Grisham created a working group to come up with recommendations in the interim. The legislature comes back for a 30-day session next week, so if all goes well, the state could be the next to free the weed.

Virginia Marijuana Decriminalization Bill Advances, Even as Protestors Demand More. The Senate Judiciary Committee on Wednesday sent a marijuana decriminalization bill, Senate Bill 2, to a subcommittee to be amended and then returned to Judiciary for further consideration. But the action came amid protests led by the state ACLU, which is calling for full legalization, and says decrim alone doesn't do enough to protect the state's minority communities.

Asset Forfeiture

Kentucky Civil Asset Forfeiture Reform Bill Filed. Rep. Reginald Meeks (D-Louisville) has filed House Bill 250, which would require law enforcement agencies to reveal more details about cash and property seized through asset forfeiture or face financial penalties. The bill does not seek to end civil asset forfeiture but would impose stiffer reporting requirements than currently exist. Under current law, agencies are required to make annual reports on asset forfeitures, but only 11% have actually done so.

Criminal Justice

Kentucky Governor and Legislators Make Criminal Justice Reform a Priority. Gov. Andy Beshear (D) and the legislature have committed to advancing criminal justice reform this year and have several proposals for reducing the state's prison population to consider. Among them: defelonization of simple drug possession, increasing the threshold for moving a theft from a misdemeanor to a felony from $300 to $500, and probation and parole reform.

Chronicle AM: MT Legalization Initiatives, NJ Forfeiture Reform, More... (1/14/20)

Montana activists have rolled out a pair of marijuana legalization initiatives, a Colorado bill aims to protect workers who use marijuana during their time away from work, New Jersey becomes the latest state to reform its civil asset forfeiture laws, and more.

Could legal marijuana be coming to Big Sky Country? Stay tuned. (Creative Commons)
Marijuana Policy

Colorado Bill Would Protect Employees Who Use Marijuana on Their Own Time. State Rep. Jovan Melton (D-Aurora) has filed a bill, HB 20-1089, to protect workers who use marijuana when they're off the clock. The bill would block businesses from firing employees for engaging in legal activities on their own time, even if such activities are only legal under state law. He anticipates having to make some compromises to address expected objections from the business community.

Montana Activists File Pair of Marijuana Initiatives. Activists with New Approach Montana filed a pair of marijuana legalization initiatives with the state attorney general's office Tuesday. One is a constitutional initiative that would set 21 as the legal age when people can use marijuana, while the other is a statutory initiative that would set up a system of taxed and regulated marijuana commerce. It also includes a provision for individuals to grow up to four plants. Both initiatives have until June 27 to qualify for the November ballot, but the constitutional initiative faces a higher signature gathering hurdle than the statutory initiative. The former will need 50,000 valid voter signatures, while the latter will need only 25,000.

Tennessee Marijuana Decriminalization Bill Filed. Rep. Rick Staples (D-Knoxville) filed a marijuana decriminalization bill, HB 1610, on Monday. The bill would decriminalize the possession of small amounts of marijuana, but it would also authorize counties to hold referendum elections to allow marijuana growing, manufacturing, delivery and retail sales within their boundaries.

Asset Forfeiture

New Jersey Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Phil Murphy on Tuesday (D) signed into law a bill mandating comprehensive disclosure and transparency requirements for the system of civil asset forfeiture. Under the bill, county prosecutors will submit quarterly reports to the Attorney General detailing seizure and forfeiture activities by law enforcement agencies within their county. The new law will also require specifying the law enforcement agency involved in a confiscation; date, description, and details of a seizure; the amount of funds or estimated value of a property; the alleged criminal offense associated with a seizure; and whether the defendant was charged with an offense and if those charges were ultimately dismissed or the defendant was acquitted, among other information.

The Top Ten Domestic Drug Policy Stories of 2019 [FEATURE]

As the clock ticks down toward 2020, it's worth taking a moment to look back and reflect on what has gone on in the world of drug policy this year. From marijuana to psychedelics to the lingering overdose crisis to the emergence of a new vaping-related illness, a lot happened. Here are ten of the biggest highs and lows of 2019, in no particular order:

It was a big year for marijuana in Congress. Less so in the states.
1, For the First Time, Marijuana Legalization Wins a Congressional Vote

In November, the House Judiciary Committee made history when it approved the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3384). The bill would effectively legalize marijuana at the federal level by removing it from the Controlled Substance Act's drug schedules. It would also require federal courts to expunge prior convictions and conduct resentencing hearings for those still doing federal marijuana time. And it would assess a five percent tax on marijuana sales to create a fund to aid to people and communities most impacted by prohibition.

There's a good chance the MORE Act will get a House floor vote before the end of this Congress, but even if it does, its prospects in Sen. Mitch McConnell's Senate are dim at best. Still, step by step, Congress by Congress, the end of federal marijuana prohibition is drawing nearer.

2. Marijuana Banking Bill Passes the House

In September, the House passed the SAFE Banking Act, which would allow state-legal marijuana businesses to get access to banking and other financial services. The vote was 321-103, with near unanimous support from Democrats, as well as nearly half of Republicans.

The vote came although some civil rights and drug reform groups had called for it to be put off until more comprehensive marijuana or criminal justice reform, such as the MORE Act (see above) could be enacted. They argued that passage of a narrowly targeted financial services bill could erode momentum toward broader reforms. The MORE Act did win a House Judiciary Committee vote, but has yet to get a House floor vote.

And while SAFE passed the House, it must still get through the Senate, where it is not clear whether it will be allowed to a vote, much less whether it can pass. A companion version of SAFE, S.1200, was introduced in April by Sens. Jeff Merkley (D-OR), Cory Gardner (R-CO) and a bipartisan group of 21 original cosponsors. It currently has 33 total cosponsors. In September, Senate Banking Committee Chairman Mike Crapo (R-ID) said his committee would take up the cannabis banking issue this year and is working on preparing a new bill, but now it's December and little has happened.

3. Legalization in the States Didn't Have a Great Year

At the beginning of 2019, prospects looked good for as many as a half-dozen states to get legalization bills passed, but the year turned out to largely be a dud. Hopes were especially high in New Jersey and New York, where Democratic governors supported legalization, but it didn't come to pass this year in either state. In Albany, they'll be back at it next year, but in Trenton, it looks like the legislature is going to punt, opting instead to put the issue directly to the voters next year in a legislative referendum.

One state did make it all the way to the finish line: Illinois. After a legalization bill sailed through the legislature in the spring, Democratic Gov. J.B. Pritzker signed it into law in late June. With that signature, Illinois became the first state to create a system of taxed and regulated marijuana commerce through the legislative process, rather than through a voter initiative. (Vermont's legislature legalized possession and cultivation but not sales in early 2018.)

Getting bills through a state legislature is hard work, and it sometimes takes years. Still, that hard work that didn't quite make it over the top this year, is laying the groundwork for legalization in places like New Jersey and New York -- and maybe more -- next year. And next year is an election year, which means initiative campaigns that can bypass legislative logjams will be in play. There are already active campaigns in Arkansas, Florida, North Dakota and South Dakota, although none have yet qualified for the ballot. Look for 2020 to be a better year when it comes to freeing the weed.

4. Pot Prohibition Isn't Dead Yet: Despite Legalization, Marijuana Arrests Up in Latest FBI Crime Report

In late September, the FBI released its annual Uniform Crime Report for 2018, and once again, marijuana arrests were on the rise -- despite legalization in 11 states and DC, and decriminalization in 15 more states. There were some 663,367 marijuana arrests in 2018, up from 659,700 in 2017 and 653,249 in 2017. In all three years, simple possession cases accounted for about nine out of ten pot busts. Before 2016, marijuana arrests had been going down for more than a decade. Clearly, there is still work to do here.

5. US Supreme Court Unanimously Reins in Asset Forfeiture

In a February victory for proponents of civil libertarians, the US Supreme Court ruled in Timbs v. Indiana that the Eighth Amendment's Excessive Fines Clause applies to states, thereby prohibiting state and local governments from collecting excessive fines, fees and forfeitures. Justice Ruth Bader Ginsburg wrote the majority opinion. "The protection against excessive fines guards against abuses of government's punitive or criminal law-enforcement authority," Ginsburg wrote. The case involved the seizure of a $42,000 Land Rover over a drug sale of $225.

There was more progress on the asset forfeiture front on the state level, too: Bills to either end civil asset forfeiture entirely or to restrict it passed this year in Alabama, Arkansas, Michigan, and North Dakota, and in September, a South Carolina circuit court judge ruled civil asset forfeiture unconstitutional, setting up a fight in state appeals courts there.

6. Thousands of Federal Drug Prisoners Go Free Under First Step Act

President Trump signed the First Step Act into law at the end of last year, but the sentencing reform measure's true impact was felt in July, when the Bureau of Prisons released more than 3,000 prisoners and reduced the sentences of nearly 1,700 more. Almost all of those released were drug offenders. The First Step Act was aimed at redressing harsh sentences for federal prisoners excluded from the 2010 Fair Sentencing Act, which reduced -- but did not eliminate -- the infamous crack/powder cocaine sentencing disparity, but which did not include prisoners sentenced before its passage. Three states -- Florida, South Carolina and Virginia -- accounted for a whopping 25 percent of sentence reductions, and more than 90 percent went to African-American men.

A movement to decriminalize natural psychedelics emerged this year. (Greenoid/Flickr)
7. Psychedelic Decriminalization Becomes a Movement

After emerging in 2018, the movement to decriminalize natural psychedelics mushroomed this year. In May, voters in Denver narrowly approved the Denver Psilocybin Mushroom Decriminalization Initiative, making clear that they wanted to "deprioritize, to the greatest extent possible, the imposition of criminal penalties on persons 21 years of age and older for the personal possession of psilocybin mushrooms." The measure also "prohibits the city and county of Denver from spending resources on imposing criminal penalties on persons 21 years of age and older for the personal use and possession of psilocybin mushrooms."

That surprise victory sparked interest across the country, and the following month Oakland followed suit, only this time it was the city council -- not the voters -- who decriminalized magic mushrooms and other natural psychedelics. In September, Chicago became the next city to get on board, with the city council unanimously passing an advisory resolution expressing support for research on the potential use of psychoactive plants and pledging support for adult use of the substances. Meanwhile, activists in three more major cities -- Berkeley, Dallas, and Portland -- were pushing psychedelic decriminalization measures, either through ballot initiatives or city council actions. By December, Decriminalize Nature, the group behind the movement, reported that more than 100 cities across the country are now seeing efforts to open up to psychedelics.

And it's not just cities. In two states, psychedelic reformers have filed initiatives aimed at the November 2020 ballot. In the Golden State, the California Psilocybin Mushroom Initiative, which would decriminalize the possession, use, and gifting of magic mushrooms and the chemical compounds -- psilocybin and psilocin -- has been cleared for signature gathering. It has until April 21 to come up with 623,212 valid voter signatures to qualify for the November 2020 ballot. Just across the border to the north, the Oregon Psilocybin Service Initiative, which would allow magic mushrooms to be grown with a license, and would allow for therapeutic use of psilocybin, is in the midst of signature gathering. It needs 112,020 valid voter signatures by July 2 to make the ballot. The Oregon measure in October got a nice $150,000 donation from Dr. Bronner's Magic Soaps.

8. Overdose Deaths Decline Slightly, But Are Still Way Too High

In July, the CDC reported 2018 drug overdose death numbers and found that they had declined from 2017's record high of more than 70,000 to just under 68,000, a five percent decrease. The latest data from CDC, which measured drug deaths in the 12-month period ending in April 2019 showed deaths at 67,000, suggesting that the decline continues, but at a glacial pace. Still, the number of overdose deaths is about seven times higher than it was in 1995, at the start of the prescription opioid epidemic.

The recent decline has been driven by a decrease in heroin and prescription opioid overdoses, although overdoses involving the synthetic opioid fentanyl increased, as did those involving the stimulant drugs cocaine and methamphetamine. Many overdoses involved more than one drug, with benzodiazepines often implicated.

If some researchers are right, fentanyl overdoses could balloon to an even higher level, if distribution of the highly potent substance takes hold in the western US. Most users take fentanyl unknowingly, after it's been used to cut street heroin or counterfeit pills.

9. Vaping-Linked Illness Emerges, Sparking Broad Anti-Vaping Backlash

In the summer, reports of vaping or e-cig users being struck down by a mysterious, lung-damaging condition began to emerge. By the end of October, the Centers for Disease Control and Prevention (CDC) reported more than 1,600 cases of lung-damaged vapors, with the death toll rising to 34. (That number has since risen to 47.) The CDC also gave the condition a name: e-cigarette or vaping product use associated lung injury (EVALI).

A likely culprit soon emerged: black market THC vaping cartridges contaminated with new additives, particularly thinners including propylene glycol (PG) and polyethylene glycol (PEG), vitamin E acetate, and medium chain triglycerides (MCT oil). The FDA has begun investigating vitamin E acetate, while public health officials in New York have found the substance in a majority of seized vape cartridges there. The FDA also announced in August that it is proposing adding propylene glycol as a "respiratory toxicant" in its list of harmful tobacco product ingredients.

While the CDC and the FDA responded to the outbreak with recommendations targeting the suspect products, elected and public health officials in a number of states responded by going after not black market marijuana vaping cartridges but legal flavored tobacco vaping products.

Massachusetts banned all vaping products, Michigan banned flavored nicotine products, New York banned flavored e-cigarettes, Oregon banned all flavored vaping products for six months, as did Rhode Island, while Washingtonissued a four-month ban on flavored vaping products. President Trump threatened to move toward a national ban on flavored vaping products, but has since changed course, even making an anti-prohibitionist argument to do so.

In its latest update, the CDC reports the number of EVALI cases has risen to nearly 2,300 and the death toll has climbed to 47. But unlike those state governments that reacted with flavored vaping bans, the CDC takes a different approach: It points the finger strongly at vitamin E acetate, recommends that people not use THC vaping products at this point -- especially if obtained informally or in the black market -- and also warns people not to add any products to vaping cartridges that are not intended by the manufacturer.

10. Safe Injection Sites Win an Important Preliminary Legal Battle

In a case involving a proposed safe injection site in Philadelphia, a federal judge ruled that it would not violate federal law. With the backing of city officials and former Gov. Ed Rendell (D), the nonprofit group Safehouse pressed forward with plans for the facility even though the Justice Department had warned that it would not allow any safe injection sites to move forward. The Justice Department sued in February to halt the project, arguing that it violated the federal "crack house law."

But US District Judge Gerald McHugh ruled that the "crack house" provision of the Controlled Substances Act does not apply to the group's bid to assist opioid users. "No credible argument can be made that facilities such as safe injection sites were within the contemplation of Congress" when that body wrote the law in 1986 or amended it in 2003, McHugh wrote. "I cannot conclude that Safehouse [the safe injection site] has, as a significant purpose, the objective of facilitating drug use. Safehouse plans to make a place available for the purposes of reducing the harm of drug use, administering medical care, encouraging drug treatment and connecting participants with social services."

While the Justice Department has appealed the ruling, it is a good omen, and the case is being carefully watched in cities such as Denver, New York, San Francisco, and Seattle, all of which are pursuing similar plans.

Chronicle AM: CA Initiative Would Legalize Magic Mushroom Sales, Senate GOP Cartel Bill, More... (12/16/19)

The latest version of California's psilocbyin decriminalization initiative turns it into a legalization initiative, a group of Senate Republicans file a bill to treat drug cartels like terrorist organizations, and more.

Under the latest language in California's magic mushroom initiative, you could buy them at a store. (CC)
Psychedelics

California Psilocybin Decriminalization Initiative Now a Legalization Initiative. The latest version of the California Psilocybin Decriminalization initiative includes language that would legalize the production and sale of magic mushrooms, as well as decriminalizing their possession and use. "The personal, spiritual, religious, dietary, therapeutic, and medical use of Psilocybin Mushrooms by adults, including but not limited to the cultivation, manufacture, processing, production of edible products and extracts (with or without solvents) derived from Psilocybin Mushrooms, distribution, transportation, possession, storage, consumption, social consumption, on-site consumption, public events, farmers' markets, and retail sale, whether or not for profit, shall be lawful in this state and is a matter of statewide concern," the initiative now says.

Asset Forfeiture

Indiana Police Used $400K In Asset Forfeiture Funds to Boost Their Own Pay and Benefits, Audit Finds. A federal audit of Indiana law enforcement's use of federal asset forfeiture funds has found that police unlawfully used nearly $400,000 of those monies to increase their own pay and benefits. The federal "equitable sharing program" that distributes the funds does not allow police to use those monies for such expenses.

Kansas Lawmakers Punt on Asset Forfeiture Reform, Seek Review Instead of Passing Legislation. After an audit this past summer criticized law enforcement for taking advantage of vague asset forfeiture laws, lawmakers debated whether to enact legislation to remedy the situation. Now, they've decided not to act this year, but to instead ask a judicial advisory group to review any potential changes. The House Judiciary Committee heard testimony last month on several measures, including one to require a conviction before property is seized, but opted to send the bills to the Kansas Judicial Council, an advisory committee in the judicial branch. Chairman Blaine Finch said the council would be able to study the bills more extensively than the Legislature would.

Foreign Policy

Senate Republicans File Bill to Impose Sanctions on Drug Cartels. Led by Sen. Tom Cotton (R-AR), a group of nine Republican senators last week filed the Significant Transnational Criminal Organization Designation Act, legislation that would subject certain foreign criminal organizations like drug cartels to sanctions, including immigration, financial and criminal penalties. The process would be similar to the system used for designating entities as Foreign Terrorist Organizations (FTOs). Passage of the bill would allow the federal government to impose on the most significant Transnational Criminal Organizations (TCOs) the same sanctions that apply to FTOs.

International

Thai Justice Minister to Speed Up Kratom Decriminalization. Justice Minister Somsak Thepsutin says he will speed up the decriminalization of kratom. He said the Justice Ministry has formed a committee to study kratom-based medicines. "I will proceed with this project as soon as possible because legalization will truly benefit society," he said. Although kratom is not considered a scheduled drug by UN treaties, it has been illegal in Thailand since 1943, with possession punishable by up to a year in jail.

Zambia Legalizes Marijuana Production, But for Export and Medical Purposes Only. The government has approved a proposal to legalize marijuana production, but it will be restricted to exports and medical purposes. The government wants a $250,000 annual license fee from companies wishing to get into the business. Approval came last Wednesday during a cabinet meeting.

Chronicle AM: CBS News Pot Poll, MA Senate Kills Car Seizure Provision in Anti-Vaping Bill, More... (11/21/19)

There's another national pot poll showing a strong majority for legalization, an Arizona poll shows majority support, too; the ONDCP announces some opioid crisis spending initiatives, and more.

"Got any untaxed vaping products in there, son?" (Creative Commons)
Marijuana Policy

CBS News Poll Hits Record High in Support for Marijuana Legalization. A new CBS News poll has support for marijuana legalization at 65%, an all-time high for the CBS poll and in line with other recent polling. Now, even a majority (56%) of Republicans favor it and even among Americans over 65 legalization has more support than opposition.

Arizona Poll Has a Majority for Marijuana Legalization. A new poll from OH Predictive Insights has support for marijuana legalization among registered voters at 54%, with only 33% opposed. The poll comes as at least two different legalization initiative campaigns are vying to get on the 2020 ballot. A 2016 legalization initiative was narrowly defeated.

Heroin and Prescription Opioids

ONDCP Announces More Than $4 Million in Grants for Local Programs Combating the Opioid Crisis. Today, White House Office of National Drug Control Policy (ONDCP) Director Jim Carroll announced $4.5 million in grants to help local programs counter the effects of the opioid crisis in their communities. ONDCP, the University of Baltimore, and the Centers for Disease Control and Prevention (CDC) collaboratively selected 14 programs in areas of the United States to receive “Combating Opioid Overdose through Community-Level Intervention (COOCLI)” grants. The projects, which will be overseen by the University of Baltimore, will employ a range of approaches such as identifying individuals most at risk of overdosing, supporting medication-assisted treatment in jails, collaborating with public safety agencies, and connecting high-risk pregnant and postpartum women and their children to opioid use disorder care coordination services.

Vaping

Massachusetts Senate Strips Vehicle Seizure Provision from Vaping Bill. The state Senate on Wednesday amended a bill banning flavored tobacco and taxing e-cigarettes to remove a provision that would have allowed the police to seize the vehicle of anyone driving with untaxed vaping products in the car. State law allows the seizure of vehicles in which untaxed cigarettes and tobacco products are found (!). This bill would have extended that provision to vaping products, but was removed on a 39-0 vote after lawmakers raised concerns about proportionality. 

Chronicle AM: Northeastern Governors Hold Legalization Summit, SC Judge Throws Out Civil Asset Forfeiture, More... (10/17/19)

At least five governors have marijuana on their minds this week, Canada allows marijuana edibles and vapes to go on sale, a South Carolina judge rules the state's civil asset forfeiture law unconstitutional, and more.

Marijuana is on the minds of governors in the Northeast -- and New Mexico, too. (Creative Commons)
Marijuana Policy

Governors of Four Northeastern States Hold Summit to Coordinate Marijuana Legalization Plans. New York Gov. Andrew Cuomo (D) and Connecticut Gov. Ned Lamont (D) have been joined at a Thursday meeting by New Jersey Gov. Phil Murphy (D) and Pennsylvania Gov. Tom Wolf (D) as the state chief executives discuss how best to move forward with marijuana legalization. The governors' marijuana summit is divided into five sessions: on vaping and related issues, market regulation and social justice issues, public health consequences of cannabis, public safety issues and a "best practices" panel led by Colorado representatives.

New Mexico Governor's Working Group Releases Marijuana Legalization Proposal. A working group on marijuana legalization appointed by Gov. Michelle Lujan Grisham (D) released its recommendations Wednesday. The group is recommending, among other things, the automatic expungement of past marijuana convictions, exempting medical marijuana patients from taxation, a low-income subsidy program for patients, and either a ban or a licensing requirement for home cultivation. The state will see a 30-day legislative session early next year, and the release of the recommendations could pave the way for passage of a legalization bill then.

Asset Forfeiture

South Carolina Judge Rules Civil Asset Forfeiture Unconstitutional. A South Carolina circuit court judge in Horry County has ruled the state's civil asset forfeiture law unconstitutional, in violation of the US Constitution's 4th, 5th and 14 amendments. 15th Circuit Court Judge Steven H. John found that South Carolina's forfeiture laws violate both the federal and state constitutional protections against excessive fines by allowing the government to seize unlimited amounts of cash and property that aren't proportionate to the alleged crime. The ruling sets the scene for an appeals court ruling down the road.

International

Australian Plan to Drug Test Welfare Recipients Passes First Parliamentary Hurdle. A government bill to begin a pilot program requiring welfare recipients to undergo drug tests has been approved by the lower house and is now on its way to the Senate -- where it is likely to be defeated.

Canada Legalizes Marijuana Derivatives. One year after legalizing marijuana, Canada has now finalized regulations for marijuana products such as edibles, marijuana-infused beverages, and vape products, and those products will now be available to Canadian consumers as the country moves to "Legalization 2.0."

Chronicle AM: Mexico Legalization Deadline Looms, State AGs Urge Support for Fed Marijuana Bill, More... (9/24/19)

More than 20 state attorneys general have urged congressional leaders to pass legislation to protect state-legal marijuana, Mexico faces a deadline to legalize marijuana, Canadian researchers recommend providing prescription heroin to hard-core addicts, and more.

Under a Supreme Court ruling, the Mexican congress has one month to pass a marijuana legalization bill. (Creative Commons)
Marijuana Policy

21 State Attorneys General Urge Congress to Protect State Marijuana Programs from Federal Interference. Attorneys general from 21 states sent a letter Monday to congressional leaders urging support for the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act (HR 2093), which would shield state-legal marijuana programs from federal interference. Attorneys general from Alaska, California, Colorado, Connecticut, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Washington, DC, signed the letter.

Pennsylvania Court Rules Odor of Marijuana No Longer Probable Cause for Traffic Searches. A Lehigh County judge has ruled that since medical marijuana is now legal in the state, the mere presence of a "strong odor" of marijuana does not provide probable cause for a vehicle search. Judge Maria Dantos ruled that because police lacked probable cause for a search, a small amount of marijuana and a weapon found during the search was inadmissible as evidence of a crime. The state is appealing to the Pennsylvania Superior Court.

International

Canadian Research Group Recommends Giving Addicts Medical-Grade Heroin. Guidelines published Monday in the Canadian Medical Association Journal recommend that health-care providers offer injectable medical-grade heroin or another prescription opioid to severely addicted users who have proven resistant to other treatment modalities. The recommendations call for the use of injectable diacetylmorphine (prescription heroin) or hydrocodone for patients who have not responded to the most effective oral treatments, methadone and buprenorphine.

Mexico Has One Month to Legalize Marijuana. A Supreme Court-ordered deadline to legalize marijuana is now only one month away, and the country's congress is now pondering 10 different bills that would do just that. One of those bills is drawing concern from activists. It would not change the legal status quo, but would instruct the health ministry to give permits for self-consumption, thereby complying with the Supreme Court ruling, but not completely legalizing marijuana. Mexico must act on one of these bills by Oct. 24.

Chronicle AM: MS MedMJ Campaign Hands in Signatures, NY Inmates Sue Over Pain Meds, More... (9/6/19)

A broad coalition of civil rights and other groups are calling for marijuana legalization and more, Mississippi activists hand in signatures for a medical marijuana initiative, a possible culprit for that spate of pulmonary illnesses linking to marijuana vaping has been found, and more.

A medical marijuana dispensary. Will we be seeing them soon in Mississippi? (Sonya Yruel/DPA)
Marijuana Policy

Civil Rights Groups Call for Marijuana Legalization, "Dismantling" of Drug Criminalization. More than a hundred civil rights and other groups, including the ACLU, NAACP, National Education Association, and National Organization for Women called Thursday for marijuana legalization and the "dismantling" of drug criminalization. The groups said states should "legalize marijuana through a racial justice framework that focuses on access, equity, and repairing the damage of prohibition" and the federal government should end cannabis prohibition and "implement marijuana reform through a racial justice lens."

Vitamin E Suspected in Serious Lung Problems Among People Who Vaped Marijuana. As the number of people falling ill continues to rise, New York state health officials said Thursday they are zeroing in on an additive -- Vitamin E acetate -- they believe may be behind the outbreak of severe pulmonary illness that has left at least three dead so far, one each in Indiana, Illinois, and Oregon. The officials said high levels of Vitamin E acetate were found in many of the cartridges of marijuana vaping products used by people who suffered serious lung damage. The officials said the products appeared to be black market products.

Medical Marijuana

Mississippi Medical Marijuana Initiative Campaign Turns in Lots of Signatures. Mississippians for Compassionate Care delivered more than 105,000 raw voter signatures to state officials Wednesday. Another 105,000 voter signatures have already been certified by local clerks. The group only needs 86,000 valid voter signatures to qualify for the November 2020 ballot.

Heroin and Prescription Opioids

New York Prisoners Sue State Over Crackdown on Pain Pills. A group of state inmates is suing the prison system, saying they are being forced to live with chronic pain because some medications have become too difficult to get behind bars after the prison system tried to crack down on prescription opioid abuse. The lawsuit was filed Monday in federal court. They are taking aim at 2017 policy that requires an extra layer of approval by senior prison medical staff before inmates can get prescriptions filled for commonly abused drugs. The lawsuit says that, in reality, that approval is rarely given and that hundreds of prisoners are being cut off from drugs needed for legitimate medical reasons.

Asset Forfeiture

Federal Drug Asset Seizures Slashed by Half Since 2009. Drug-related federal asset forfeitures have declined by 34% since 2014 and by more than half since 2009, according to a new report from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University. In 2009, there were some 1,426 federal drug-related asset seizures, but so far this year there have only been 513. "Under the current administration, the numbers have risen modestly, but are still far below earlier levels," TRAC reported.

Chronicle AM: Bernie Sanders Criminal Justice Proposals, British Drug Deaths at All-Time High, More... (8/19/19)

Bernie Sanders rolls out a radical criminal justice reform package, marijuana legalization initiatives get moving in Arizona and South Dakota, Atlanta rejects expansion of drug-free commercial zones, and more.

Marijuana Policy

Arizona Legalization Initiative Details Released. The Arizona Dispensaries Association last Friday released details of their proposed marijuana legalization initiative, the Smart and Safe Act. Supporters will need 237,645 valid voter signatures by July 2, 2020, to qualify for the November 2020 ballot. The act would legalize the possession of up to an ounce by people 21 and over, allow adults to grow up to six plants each (with a maximum of 12 per home), and provide for expungement of past pot convictions. Employers and property owners would have the right to forbid use at their workplaces and on their property. Marijuana sales would carry a 16% excise tax.

South Dakota Legalization Initiative Advances One Step. State Attorney General Jason Ravnsborg (R) last Friday filed an official explanation of a proposed initiative to legalize marijuana. The initiative would legalize adult use through a constitutional amendment and require the legislature to pass legislation creating rules for medical cannabis and hemp. Organizers will have until November 3 to come up with16,961 valid voter signatures to qualify for the November 2020 ballot.

Medical Marijuana

Idaho Medical Marijuana Initiative Approved for Signature Gathering. Secretary of State Lawrence Denney (R) announced last Friday that an initiative to legalize medical marijuana has been approved for signature gathering. The measure would allow qualified patients to possess up to four ounces and grow up to six plants. It also would protect medical marijuana production facilities and medical marijuana dispensaries from civil forfeitures and penalties under state law and make it illegal to discriminate against registered medical marijuana users in education, housing or employment. Organizers have until April 30, 2020, to gather some 55,000 valid voter signatures, with at least 6% of voters from all 18 state legislative districts signing on.

Criminal Justice

Bernie Sanders Unveils Proposal for Massive Overhaul of Criminal Justice System. Democratic presidential contender Vermont Sen. Bernie Sanders (I) on Sunday unveiled a sweeping plan aimed at cutting the country's prison population in half and eliminating "institutional racism and corporate profiteering" in the criminal justice system. The proposal seeks to reform the nation's prisons, police departments, courts, drug laws and treatment of people who have mental illnesses. Sanders is calling for an end to cash bail, solitary confinement, the death penalty, and civil asset forfeiture while at the same time looking to legalize marijuana and safe injection sites for hard drug users, among other proposals.

Atlanta Kills Expansion of Drug-Free Commercial Zones. The city council's Public Safety/Legal Administration Committee voted last Tuesday to kill an ordinance that would expand the geographic boundaries of Atlanta's Drug-Free Commercial Zones. Those are areas where there are heightened penalties for drug crimes and where drug offenders can be banished from returning. Opponents of the expansion cited research showing the zones exacerbate racial disparities in drug policing.

International

England, Wales Drug Overdose Deaths Hit All-Time High. The British Office of National Statistics has released drug-related death numbers for 2018 and reports there were 4,359 drug-related deaths in England and Wales last year, the highest number and the highest percentage increase (16%) since the series started in 1993. Between 2017 and 2018, there were increases in the number of deaths involving a wide range of substances, though opiates, such as heroin and morphine, continued to be the most frequently mentioned type of drug. Deaths involving cocaine doubled between 2015 and 2018 to their highest ever level, while the numbers involving new psychoactive substances (NPS) returned to their previous levels after halving in 2017.

Mexico's Top Court Demands Action on Medical Marijuana Regulation. After months of delays, the country's supreme court last week ordered the health ministry to issue regulations within six months on medical marijuana use. The court said the government's failure to act had put rights at risk for patients, including children. The health ministry said it would comply with the court order. The ruling comes as the country is moving toward recreational marijuana legalization.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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