More than 2,000 federal drug prisoners walk free today under First Step Act reforms, the drug czar touts declining drug overdose numbers and blames Obama, Texas prosecutors balk at low-level pot prosecutions now that hemp is legal, and more.

There's a bit more room in the federal prisons today after 2,200 inmates walked free under the First Step Act. (Supreme Court)

Texas Governor Tells DAs Not to Drop Misdemeanor Marijuana Possession Cases. Gov. Greg Abbott (R) sent a letter Thursday to all county prosecutors urging them to continue to enforce state marijuana laws even though since the state legalized hemp this year prosecutors have no means of testing the amount of THC in a cannabis sample. Their current drug tests only detect the presence of THC, not whether it exceeds the 0.3%, and prosecutors in some of the state's largest counties have announced they will not prosecute small-time pot possession cases. Dallas County District Attorney John Creuzot is one of them, and he said he's not changing his mind: "I have the responsibility to protect the rights of our citizens and ensure that people are not prosecuted for possessing substances that are legal. The concentration of THC is a statutory element of an offense that we must prove to establish a person's guilt. Our office will not charge a person with a marijuana offense without a laboratory report stating that the substance has an illegal concentration of THC."

Heroin and Prescription Opioids

Trump Drug Czar Touts Progress Against Opioid Crisis. Jim Carroll, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) gave his boss, the president, credit for an apparent decline in drug overdose deaths reported earlier this week by the Centers for Disease Control and Prevention (CDC). "This president has made this a priority since day one and we're beginning to see results. As you know, the billions of pills that were released, without any control or oversight about what was going on in the last administration has resulted in thousands and thousands of people dying," he said. Still, nearly 70,000 people died of drug overdoses last year on Trump's watch.

Sentencing Policy

More Than 2,000 Federal Drug Prisoners Walk Free Today Under First Step Act. The federal Bureau of Prisons is set to release today 2,200 inmates who had their release dates recalculated following passage of the First Step Act in December. The measure created an easier pathway for inmates to participate in programs designed to prevent recidivism and earn reductions in their sentences. It also reduced mandatory minimum sentencing for nonviolent drug offenders with the goal of accelerating the rehabilitation of criminals and improving their chances for success after release.

International

Colombia Court Upholds Ban on Spraying Coca Fields With Herbicide, but Gives Government an Out. The country's constitutional court on Thursday upheld its restrictions on the aerial spraying of glyphosate to kill coca crops, but also said spraying could be reinstated if the government met certain conditions. The country ended the spraying in 2015 after the World Health Organization linked glyphosate to cancer, and the court ratified that decision. But now, rightist President Ivan Duque wants to overturn that decision. While the court upheld the ban for now, it said it will be up to the national narcotics council to decide whether spraying can resume based on conditions it set in its 2017 ruling.

Columbus, Ohio, is moving to decriminalize up to seven ounces of weed, an expungement bill could clear the records of 235,000 Michigan pot offenders, Sri Lanka's president tells a whopper, and more.

Sri Lankan President Maithripala Sirisena makes up lies to support his plan to execute drug offenders. (Creative Commons)

Michigan Expungement Bill Could Clear Records for 235,000 People. State Sen. Jeff Irwin (D-Ann Arbor) is set to file a bill this week that would automatically clear misdemeanor convictions for small-time pot possession for some 235,000 people. "We would go in through the Michigan State Police's database and make changes to records electronically and administratively without having to go through all the time and expense of going through the courts," Irwin said. "This is so important to a large number of people in Michigan ... who when they’re applying for jobs or student loans, they're put in a position where their record can affect their future." Both Gov. Gretchen Whitmer (D) and Attorney General Dana Nessel (D) have said they favor clearing those low-level marijuana convictions.

Columbus, Ohio, Moves to Decriminalize Up to Seven Ounces. The city council on Monday unveiled a proposal to decriminalize the possession of up to seven ounces of marijuana. People caught with less than 100 grams would face a $10 fine, while those caught with between 100 and 200 grams would face a $25 fine. Possession of more than 200 grams would still be a felony. The council could vote on the ordinance as early as next Monday, with a public hearing set for this coming Thursday.

Medical Marijuana

Utah Delays Deadline to Award Medical Marijuana Licenses. The Utah Department of Agriculture and Food announced Saturday that it is delaying the announcement of who will grow the state’s medical marijuana to the end of the month. State officials had originally estimated a July 15 deadline for the decision. More than 80 farmers and businessmen have applied for the state's 10 grower licenses.

International

Scotland's Record Number of Drug Deaths Prompts Call for UK Drug Policy Reform. National Records of Scotland has reported that 1,187 people died of drug overdoses last year, the highest rate ever recorded and more than double the 574 drug deaths in 2008. The report is leading to calls for radical reforms of United Kingdom drug policies.

Sri Lanka President Falsely Blames Drug Gangs for Easter Church Attacks. President Maithripala Sirisena claimed Monday that international drug gangs orchestrated the deadly Easter Sunday church bombings that left 258 dead, contradicting his own earlier statements blaming the attacks on Islamists, as well as other statements from authorities clearly pointing the finger at the jihadist group Thowheeth Jamaath. Islamic State has claimed credit for the attacks as well. While Sirisena said the day after the attacks that local terrorists and international terror groups were responsible, he blamed "drug barons" on Monday. "Drug barons carried out this attack to discredit me and discourage my anti-narcotics drive. I will not be deterred," he said. Sirisena is fighting to reinstate the death penalty for drug offenses.

New data from the CDC suggests the overdose epidemic may have peaked, a new Gallup poll shows support for marijuana legalization remains strong, Oregon passes an interstate marijuana commerce bill, and more.

The latest Gallup poll has support for legalization at 64%, down two points from October. (Creative Commons)

Gallup Poll Has Support for Marijuana Legalization at 64% Nationwide. A Gallup poll released Wednesday has support for marijuana legalization at 64%, down two points from the last Gallup poll in October. The poll also asked why people opposed or supported legalization. The top reason for opposition was concern about impaired driving, while the top reason for support was because of its medical value to patients.

California Appeals Court Rules Prisoners Can Possess -- But Not Use -- Marijuana. The state Court of Appeals on Tuesday overturned the convictions of five state prisoners for marijuana possession, ruling that Proposition 64, which legalized marijuana in the state, made possession of under an ounce of marijuana legal -- even in prison. But smoking or ingesting marijuana in prison is still a felony.

Oregon Legislature Approves Bill for Interstate Marijuana Commerce. The House on Tuesday approved SB 582, which would allow the governor to enter into agreements with other states for the import and export of marijuana. The Senate has already approved the bill, so it now heads to the desk of Gov. Elaine Brown (D), who is expected to sign it. The bill moved in the House after a Republican representative from a prime marijuana-growing area urged its passage.

House Foe of DC Legalization Doesn't Bother to File Amendment Messing with City's Ability to Make Marijuana Policy. Rep. Andy Harris (R-MD) didn't bother to even propose his amendment to the DC appropriations bill on Tuesday, recognizing that it would go nowhere in the Democratically controlled House. For years, Harris has filed an amendment blocking the city from using its funds to implement marijuana commerce and taxation.

Medical Marijuana

New Mexico to Expand Medical Marijuana Production. The state Health Department on Tuesday proposed new rules for marijuana production that would increase a 450-plant limit per grower to 1,750 mature plants per grower. The move is designed to ensure adequate supplies of medical marijuana without flooding the market.

Hemp

Texas Governor Signs Hemp Bill. Gov. Greg Abbott (R) has signed into law HB 1325, which will create a state-regulated hemp industry. The law will allow hemp products, including CBD, to be sold as long as it contains no more than 0.3% THC.

Heroin and Prescription Opioids

Federal Data Suggests Overdose Epidemic Has Peaked. Provisional data from the Centers for Disease Control and Prevention (CDC) released Tuesday shows that the age-adjusted overdose mortality rate declined in the twelve months ending in the second quarter of 2018. The rate was 6.1 deaths per 100,000 people in 1999 and increased steadily over the past two decades to 21.7 per 100,000 in 2017. Now, it has declined to 20.8 per 100,000. This isn't a final figure, but it is an encouraging sign.

International

Canadian Commons Committee Urges Government to Study Portuguese Model. The House of Commons Health Committee has called on the federal government to study Portugal's drug decriminalization and see how the model could be "positively applied in Canada." The recommendation came in a committee report produced after members held hearings across the country on drug use and abuse. "Witnesses recommended that the federal government examine the implementation of the Portuguese model of decriminalization of the possession of illicit substances, which included a scaling-up of treatment programs and the creation of diversion programs for offenders who commit crimes related to their substance-use disorders," the report says.

It's a busy drug policy week in Colorado, New York lawmakers try a last ditch bid to legalize marijuana this session, Arizona's high court rules that hash is a form of marijuana, and more.

Hashish. Arizona's Supreme Court has clarified that hash is a form of marijuana and patients can use it. (DEA)

New York Lawmakers File New Marijuana Legalization Bill. With only three weeks to go before the session ends, a group of senators last Friday unveiled SB 1527A, which would legalize marijuana. The bill merges the progressive Marijuana Regulation and Tax Act (MRTA), which has been filed repeatedly since 2013, with legislation that is backed by Gov. Andrew Cuomo (D) but which failed to get passed as part of the budget.

Medical Marijuana

Arizona Supreme Court Rules Hash Is Medical Marijuana. The state Supreme Court ruled Tuesday that registered medical marijuana patients can use hashish without fear of legal consequence. The ruling comes in the case of a Phoenix man who was arrested with a tiny amount of hash and sentenced to two years in prison. An appeals court had ruled against him, but here's what the Supreme Court said: "We hold that the definition of marijuana in § 36-2801(8) includes resin, and by extension hashish, and that § 36-2811(B)(1) immunizes the use of such marijuana consistent with AMMA. We reverse the trial court's ruling denying Jones's motion to dismiss, vacate the court of appeals' opinion, and vacate Jones's convictions and sentences."

Iowa Governor Vetoes Medical Marijuana Bill. Gov. Kim Reynolds (R) last Friday vetoed a medical marijuana expansion bill, HF 732. The bill would have removed the 3% cap on THC and replaced it with a 25-gram limit per patient every 90 days. Reynolds said she vetoed the proposal because the cap of 25 grams over 90 days would allow an individual to consume more THC per day even than a recreational marijuana user. "If approved, it would drastically expand Iowa's medical CBD program far beyond its original scope of CBD-based treatments and could open the door to significant unintended consequences to the health and safety of Iowans," Reynolds said in a statement.

Missouri Medical Marijuana Rules Finalized. The state Department of Health and Human Services posted a list of 11 regulations for the medical marijuana industry on its web site. The revised rules will be implemented starting next week. Under an initiative passed by voters last fall, the state is required to license 60 growing facilities, 86 manufacturers and 192 dispensaries, 24 for each of the state's eight congressional districts.

Collateral Consequences

West Virginia Ban on Food Stamps for Drug Felons Ends. A law that would exempt the state from federal law prohibiting people with felony drug convictions from receiving Supplemental Nutrition Assistance Program (SNAP) benefits has now gone into effect. Only people whose drug convictions resulted in injury or death to another will remain banned from the program. West Virginia becomes the 48th state to authorize an exemption from the federal law.

Search and Seizure

Colorado Supreme Court Rules Drug Dog Sniffs are a Search. The state Supreme Court ruled last week that a sniff of a car by a police drug dog constitutes a search. The case was originally about whether a drug dog trained to recognize marijuana alerting on a car would constitute grounds for a search, but the court went beyond that question, ruling that any drug dog sniff is a search, meaning police would have to have probable cause to even do the drug sniff. "The dog's sniff arguably intrudes on a person's reasonable expectation of privacy in lawful activity," Justice William Hood wrote in the majority's ruling. "If so, that intrusion must be justified by some degree of particularized suspicion of criminal activity."

Pill Testing

Colorado Governor Signs Bill Saying Pill-Testing Kits are Not Drug Paraphernalia. As part of a package of bills aimed at easing the opioid crisis, Gov Jared Polis (D) has signed into law SB19-227, which amends state law to exclude testing kits used to identify controlled substances from being considered drug paraphernalia.

Sentencing Policy

Colorado Governor Signs Bill Making Most Drug Possession Felonies Misdemeanors. Gov. Jared Polis (D) signed a major drug policy reform bill into law Tuesday aimed at prioritizing treatment over incarceration and alleviating overcrowding in state prisons. HB19-1263 lowers the penalty for most low-level drug possession offenses from a felony to a misdemeanor beginning in March 2020, and it dedicates funds to substance abuse treatment services and diversion programs. Currently, possession of any amount of a schedule I or II drug is classified as a level 4 drug felony, which is punishable by six to 12 months in prison. After HB19-1263 takes effect, possession of up to four grams of a schedule I or II drug will be classified as a level 1 misdemeanor punishable by up to 180 days in jail and up to two years of probation. The punishment increases to up to 364 days in jail for a third offense, and a fourth or subsequent offense would be a level 4 drug felony. The legislation applies the same penalty reductions to possession of more than 12 ounces of marijuana or more than three ounces of marijuana concentrate. It does not make any changes related to drug distribution offenses.