The Senate has confirmed old drug warrior William Barr as attorney general, Congress holds a hearing on marijuana and banking, Ted Cruz wants El Chapo to pay for the wall, and more.

CA Gov. Gavin Newsom (D) is sending the National Guard after what are likely mythical cartel pot grows. (Creative Commons)

Congress Urged to Open Banks to Marijuana Industry. At a House hearing Wednesday, bank officers and state officials urged Congress to fully open the US banking system to the legal marijuana industry. California Treasurer Fiona Ma said allowing access to banking was a critical step for the growth of the fledgling legal industry, while Gregory Deckard, speaking for the Independent Community Banks of America, said allowing financial access was a critical step.

California Governor Vows Crackdown on Illegal Pot Grows, Blames Cartels. In his State of the State address Tuesday night, Gov. Gavin Newsom (D) vowed to crack down on cartel-grown black market marijuana, even though it's not clear how great a role the Mexican drug gangs have in the state's huge illicit pot market. Newsom said he would pull state National Guard troops from the Mexican border, and they will be "redeploying up north to go after all these illegal cannabis farms, many of which are run by the cartels that are devastating our pristine forests and increasingly themselves becoming fire hazards." Dale Gieringer, long-time head of California NORML, scoffed at the cartel claims. "I don’t know about this old 'cartels' thing," he said. "Frankly we’ve seen very little at all about illegal activity in the way of growing in the wilderness the way we used to. Cartel involvement is a bugaboo they like to throw around."

North Carolina Marijuana Legalization Bill Filed. State Sen. Paul Lowe (D-Forsyth) filed a marijuana legalization bill, SB 58, on Wednesday. The bill would legalize the possession of up to three ounces, with possession of more than three ounces charged as a misdemeanor. Lowe introduced a similar measure last year, but it never made it out of the Senate Rules and Operations Committee.

Medical Marijuana

House, Senate Bills to Give Vets Access to Medical Marijuana Filed. Legislators in both the House and Senate filed companion bills to make it legal under federal law for military veterans to "use, possess, or transport medical marijuana" in compliance with state laws. Sponsored by Sen. Brian Schatz (D-HI) and Rep. Barbara Lee (D-CA), the bill, known as The Veterans Medical Marijuana Safe Harbor Act, would block veterans who use medical marijuana under state laws from being harassed by federal officials and would clarify that VA doctors can recommend medical marijuana to their patients. The bill is not yet available on the congressional website, but the text is available here.

Arkansas Medical Marijuana Expansion Bill Dies. A bill that would have added 13 qualifying conditions to the state's medical marijuana law was killed Wednesday after state health officials maintained the drug causes harm. More than a dozen people spoke in favor of  HB 1150, to no avail.

Asset Forfeiture

Ted Cruz Wants El Chapo to Pay for the Border Wall. Sen. Ted Cruz (R-TX) is using the conviction of Sinaloa Cartel head Joaquin "El Chapo" Guzman to flog a bill he introduced last month that would use assets seized from Mexican drug cartels to build a wall on the US-Mexico border. "America’s justice system prevailed today in convicting Joaquín Guzmán Loera, aka El Chapo, on all 10 counts. U.S. prosecutors are seeking $14 billion in drug profits & other assets from El Chapo which should go towards funding our wall to #SecureTheBorder," Cruz wrote in a tweet. The bill is S. 25, cutely titled the Ensuring Lawful Collection of Hidden Assets to Provide Order Act or the EL CHAPO Act. Companion legislation has also been filed in the House.

Law Enforcement

Old Drug Warrior William Barr Confirmed as US Attorney General. The Senate confirmed William Barr as attorney general Thursday on a 54-45 vote. Only three Democrats—Sens. Kyrsten Sinema (AZ), Doug Jones (AL), and Joe Manchin (WV) voted in favor of Barr, while Sen. Rand Paul was the only Republican to oppose his nomination. His nomination was opposed by drug reformers who cited his record as a drug war hardliner while serving as attorney general under President George HW Bush.

International

European Parliament Approves Resolution to Advance Medical Marijuana. The European Parliament voted Wednesday to approve a resolution aimed at advancing medical marijuana in countries that form the European Union. The non-binding resolution seeks to provide incentives to member states to increase access to medical marijuana and prioritize medical marijuana research and clinical studies.

Brazil Drug War "Shoot to Kill" Policy Bears First Fruit—13 Dead in Rio. Police engaged in drug raids under the aggressive policies of state Gov. Wilson Witzel, who campaigned on using "shoot to kill" tactics against armed drug gang members, killed at least 13 people in the Fallet/Fogueteiro favela in central Rio de Janeiro last Friday. But relatives of the dead and witnesses said some were gang members but had surrendered their weapons before being executed and two others were teenagers with no gang links who were tortured and executed in their own homes. The killings led to a heated public meeting to demand justice in the favela on Tuesday, but analysts said to expect more: "It’s a very symbolic operation," said Ignacio Cano, a professor of sociology at the State University of Rio, who said he expects police killings to rise: "Everything indicates there will be an increase because there is an open encouragement from both the federal and state government." Cano, compared the killings to the extrajudicial executions of drug users in the Philippines under Rodrigo Duterte and said there were indications of "summary executions."

A House committee will take up legal marijuana banking issues next week, NY cops oppose legalization there, Maryland sees pot legalization bills filed, Texas sees medical marijuana bills filed, and more.

Marijuana Banking Issues to Get House Hearing Next Week. In a refreshing change from the era of Republican control of the House, the Democratic leadership is ready to move on marijuana-related issues. A subcommittee of the House Financial Services Committee will hold a hearing on "Challenges and Solutions: Access to Banking Services for Cannabis-Related Businesses" next Wednesday.

Georgia Pot Decriminalization Bill Gets Hearing. A bill to decriminalize the possession of small amounts of marijuana, SB 10, got a hearing in the Senate Judiciary Committee Wednesday. The bill would make possession of a half-ounce or less an offense punishable by no more than a $300 fine and possession of under two ounces would be a misdemeanor. Under current state law, possession of more than an ounce is a felony.

Maryland Pot Legalization Bills Filed. State lawmakers in both chambers filed legislation Wednesday that would end marijuana prohibition in Maryland. SB0771, sponsored by Sen. William C. Smith, Jr. (D-Takoma Park), and HB0656, sponsored by Del. Eric Luedtke (D-Silver Spring), would make marijuana legal for adults 21 and older and establish a system in which cannabis is regulated and taxed for adult use. Past convictions for cannabis possession and cultivation would be automatically expunged. Del. David Moon (D-Takoma Park) filed a constitutional amendment, HB0632, which would establish a similar system. If enacted, it would be placed on the ballot and decided by Maryland voters in November.

New York Police Unions Oppose Pot Legalization. The state association of police unions unanimously opposes efforts to legalize marijuana. "We wanted to be on the record that we oppose it because it's an act of total irresponsibility," Michael Palladino, head of the New York Association of Police Benevolent Associations said Wednesday. "The Governor and lawmakers are trading public safety for a money grab to plug a budget deficit arising from mismanagement of taxpayer funds. Jeopardizing the public’s safety is not something cops support."

Medical Marijuana

Arkansas Medical Marijuana Cards Valid Beginning Next Week. If you're a registered medical marijuana patient, the card is in the mail. The state Department of Health says more than 7,000 patient ID cards are being sent out now and will be active beginning next Friday.

Kansas Medical Marijuana Bill Filed. A bipartisan group of legislators filed a bill to legalize medical marijuana Wednesday. The measure, HB 2163, is not yet available on the legislative website but would provide registration for patients and licenses for medical marijuana growers and distributors and medical marijuana dispensaries. The bill would also establish the cannabis regulatory commission and taxation of cannabis.

Texas Medical Marijuana Bills Filed. The legislature will grapple with at least four different medical marijuana bills this session. The state already allows for the use of CBD cannabis oil for epilepsy, but these bills would all expand on that. Rep. Gina Hinojosa (D-Austin) has filed HB 122, which would legalize medical marijuana. Rep. Ron Reynolds (D-Missouri City) and Sen. José Menéndez (D-San Antonio) have proposed HB 209/SB 90. The bills would allow Texans with certain debilitating medical conditions to grow their own marijuana plants for personal use and would also create a licensing process for dispensaries and testing facilities. And Rep. Terry Canales (D-Edinburg) has filed HB 551. It would allow Texans who can currently use low-THC medical cannabis under the state's Compassionate Use Act to possess marijuana concentrate.

Asset Forfeiture

Utah Civil Asset Forfeiture Reform Bill Advances. Despite strong opposition from law enforcement, a bill that would require that all civil asset forfeiture cases be initially screened in state courts has advanced in the Senate. The measure, SB 109, passed the Senate Judiciary, Law Enforcement and Criminal Justice Committee Wednesday on a 4-1 vote. The bill would also mandate that seized funds go not to the seizing agency but to a grant fund operated by the state Commission on Criminal and Juvenile Justice.

Florida courts and the legislature are both dealing with the legislature's previous efforts to mess with the voter-approved medical marijuana amendment, a pot legalization bill gets a hearing in New Hampshire, a Virginia trooper and a drug suspect are killed in the drug war, and more.

There's a battle over smokable medical marijuana in Florida. (Creative Commons)

Guam's Governor Supports Marijuana Legalization Bill. Gov. Lou Leon Guerrero has come out in support of a marijuana legalization measure, Bill 32-35, the Guam Cannabis Industry Act of 2019. Her move came after meeting with bill author Sen. Clynt Ridgell last Friday, but her support is not surprising; she’s been in favor of legalization for some time. The bill would allow adults to possess and grow their own marijuana, as well as create a system of legal marijuana commerce.

New Hampshire Marijuana Legalization Bill Gets Hearing. A bill to legalize marijuana, HB 481, got a public hearing Tuesday. The bill, sponsored by Rep. Renny Cushing (D-Hampton), is opposed by Republican Gov. Chris Sununu.

Medical Marijuana

Florida Bill to End Ban on Smoking Gets Twisted. A bill from Jeff Brandes (R-St. Petersburg) that would end the ban on smoking medical marijuana, SB 182, was so altered in the Senate Health Policy Committee Monday that Brandes now says it would be worse for patients that doing nothing at all. At the behest of Chairwoman Gayle Harrell (R-Port St. Lucie), the committee voted to require that patients seeking to use smokable marijuana get a second opinion from a physician and to mandate that doctors would only be able to order smokable marijuana if it were the only route of administration that would benefit the patient. Brandes says the bill “will have to be significantly amended” before he would send it to the Senate floor for a full vote.

Florida Judge Again Strikes Down Cap on Dispensaries. For the second time in a month, Leon County Circuit Court Judge Karen Gievers has struck down a state law capping the number of dispensaries a medical marijuana business can operate. The limit on the number of storefronts was not contained in the state’s successful medical marijuana amendment but imposed by the legislature in 2017. In her opinion, Gievers harshly criticized the legislature and state health officials for failing to comply with the amendment. "The evidence clearly and conclusively establishes beyond any doubt that conveniently located medical marijuana dispensaries (as opposed to vehicle delivery, the only allowed alternative means of dispensing) promote authorized users’ improved access to medical marijuana products and related information and services, at lower cost, and promote public safety (the stated goals for regulation in the amendment)," Gievers wrote in Friday’s ruling.

Hemp

Mississippi Lawmakers Reject Move to Let Farmers Grow Hemp. The House Drug Policy Committee on Monday rejected on a tie vote an amendment that would have changed state law to allow farmers to grow hemp in the state. Congress last year approved the production of hemp in pilot programs.

Asset Forfeiture

North Dakota Civil Asset Forfeiture Reform Bill Gets Hearing. The House Judiciary Committee heard testimony Monday on HB 1286, which seeks to end civil asset forfeiture in the state. Law enforcement officials testified against ending civil forfeiture but appeared open to transparency and reporting requirements in the bill.

Harm Reduction

California Legislature to Consider Allowing Pilot Overdose Prevention Projects. State Assemblymember Susan Talamantes-Eggman (D-Stockton) and State Senator Scott Weiner (D-San Francisco) on Monday filed a bill to allow the City of San Francisco to pilot and evaluate an “overdose prevention site” program. These sites would allow drug users could consume illegal drugs, including heroin, cocaine, or methamphetamine, under the supervision of staff trained to prevent and treat drug overdose and to help steer people who use drugs into drug treatment, housing, and other medical and social services. The bill is AB 362.

Law Enforcement

Virginia Trooper, Suspect Killed in Drug Raid. State Trooper Lucas Powell was shot and killed Monday night as he participated in a drug raid by the Piedmont Regional Gang and Drug Task Force in Cumberland County. The person whose home was being raided and who killed Powell, Corey Johnson, was then shot and killed by police.

International

Mexico to Try New Tactics in Search for Those Missing in Drug War. Mexican officials said Monday they have a new plan to search for the more than 40,000 people who have gone missing amidst the country’s drug wars. The government will create a new forensic institute and work more closely with families and international groups, interior ministry undersecretary for human rights Alejandro Encinas said at a press conference. In addition to the 40,000 missing, there are some 26,000 unidentified bodies in the forensic system, he said.

Marijuana reform bills are starting to pop in state legislatures, a federal court judge rules in favor of a New Mexico medical marijuana provider in a free speech case, and more. 

With Democrats in control in Michigan, civil asset forfeiture could be coming to an end

Marijuana Policy

Connecticut Legalization Bill Filed. A legalization bill cosponsored by 40 Democrat legislators has been filed. HB 5595 would allow for legal sales to adults, home cultivation of up to six plants, and give priority in licensing to existing medical marijuana businesses. The bill also contains a provision for the expungement of previous pot convictions, and it would make it illegal for anyone to drive with more than 5 nanograms of THC per milliliter of blood.

Kentucky Decriminalization Bill Filed. State Sen. Jimmy Higdon (R-Lebanon) has filed a bill to decriminalize small-time pot possession. The measure, SB 82, would define less than an ounce of marijuana as a “personal use quantity” punishable only by a fine. The bill would also exempt “personal use marijuana accessories” from the state's drug paraphernalia law. Under current law, possession of eight ounces or less is a misdemeanor.

Medical Marijuana

Federal Court Upholds First Amendment Rights of New Mexico Medical Marijuana Company. US District Court Judge James Parker has found in favor of Ultra Health, the state's largest medical marijuana provider, in a case that pitted it against the New Mexico State Fair. Fair officials had blocked the company from displaying an educational booth at the fair in 2017, and Ultra Health sued. The judge found that fair staff had infringed on Ultra Health's free speech and civil rights: “The State Fair’s restrictions ... as applied to Ultra Health’s 2017 State Fair application were unreasonable in light of the purpose of the forum and the surrounding circumstances and therefore violated Ultra Health’s First Amendment right to free speech,” Judge Parker wrote in his ruling.

Asset Forfeiture

Michigan Legislature Takes Up Ending Civil Asset Forfeiture. The Senate Judiciary and Public Safety Committee will on Thursday take up SB 002, a measure that would require police and prosecutors to win a criminal conviction before permanently seizing someone's property. Similar bills have failed in the past, but now Democrats control both the legislature and the governor's mansion, and both House Speaker Lee Chatfield and Attorney General Dana Nessel support the effort.