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Chronicle AM: Biden Criminal Justice Plan, Kamala Harris Pot Bill, Vancouver Call for Safe Drug Supply, More... (7/23/19)

Democratic presidential contenders stake out marijuana and criminal justice positions, a North Dakota legalization initiative is approved for signature-gathering, Vancouver wants a safe drug supply of illicit opioids, and more.

Joe Biden seeks to make political amends for his past criminal justice history. (Creative Commons)
Marijuana Policy

Kamala Harris, Jerry Nadler File Federal Decriminalization Bill. Sen. Kamala Harris (D-CA), a contender for the Democratic presidential nomination, and House Judiciary Committee Chair Rep. Jerrold Nadler (D-NY) have filed legislation that would decriminalize marijuana possession at the federal law, impose a 5% federal marijuana sales tax, and use some of the proceeds to fund programs that help individuals and communities disproportionately impacted by marijuana prohibition. The bill is not yet available on the congressional web site.

Arizona Attorney General Calls on Legislature to Legalize Marijuana in Bid to Avoid Initiative That Can't Be Altered by Politicians. Attorney General Mark Brnovich (R) wants the state legislature to enact marijuana legalization so that it can have a say in making any future changes to the law. Browder said he fears an industry-crafted measure winning at the ballot box. He is also concerned that if marijuana for adults is legalized by voters, it will be constitutionally protected against legislative fixes.

North Dakota Legalization Initiative Approved for Signature-Gathering. Secretary of State Al Jaeger said Monday he had approved a constitutional amendment to legalize marijuana for signature-gathering. Supporters of the effort will need to come up with 26,904 valid voter signatures by February 10 to qualify for the November 2020 ballot. A separate group is planning a statutory initiative to legalize marijuana. That group is expected to submit its petition to Jaeger late this month or next.

Criminal Justice

Joe Biden Unveils Criminal Justice Plan. Former vice president and current Democratic presidential contender Joe Biden rolled out a 21st Century criminal justice policy in a speech in New Orleans Tuesday. In it, he called for an end to the powder/crack cocaine sentencing disparity, and end to the federal death penalty, the creation of a $20 grant program to states to reduce incarceration as long as they eliminate mandatory minimum sentencing, the expansion of the Justice Department's role in rooting out institutional misconduct by police departments, and more. His rivals say it doesn't make up for what they say is Biden's role in creating and perpetuating mass incarceration.

International

Vancouver Overdose Task Force Calls for Safe Supply of Drugs. The Canadian city's overdose emergency task force is calling for expanded access to a safe supply of illicit drugs for drug users. The task force is calling on the city council to approve a motion advocating for a regulated supply of "opioids or other substances." It also calls on the federal government to "expand access to safe supply by proactively supporting all doctors, health authorities, provinces and all relevant professional colleges, including physicians and surgeons across Canada, to safely provide regulated opioids or other substances through a free and federally available pharmacare program."

(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.)

Chronicle AM: First Step Sentence Cut Prisoners Walk Free, Drug Czar Touts OD Decline, More... (7/19/19)

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)
Marijuana Policy

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.

Chronicle AM: CDC Says Drug ODs Declined Last Year, El Chapo Gets Life in Prison, More... (7/18/19)

The CDC reports that the overdose crisis may have peaked in 2017, El Chapo is sentenced to life in prison for exporting tons of cocaine and other drugs to the US, North Carolina lawmakers want to ban smokable hemp, and more.

Joaquin "El Chapo" Guzman gets life in prison, but somebody has already replaced him. (SEDENA}
Marijuana Policy

More Than 100 Marijuana Businesses Urge Congress to Include Social Equity in Legalization. A coalition representing more than a hundred marijuana businesses and industry associations sent a letter to the congressional leadership Thursday, urging them to ensure that provisions promoting social equity are part of any marijuana reform legislation. The signatories said they feared people from communities that suffered a disproportionate impact from the drug war would be "left behind because a previous [cannabis] conviction often is a disqualifying factor to become an owner or employee in the new legal 'green-rush'' and also because "they are unable to come up with the capital necessary to break into the industry."

West Hollywood Okays First Cannabis Cafe. The city of West Hollywood, California, has approved a space for what would be the first cannabis café in the city. The council Tuesday approved a business license for Lowell Farms, which promises cannabis cuisine and a smoking area. Since state law forbids the consumption of alcohol and marijuana on the same site, alcohol will not be served. The doors could open within months.

Medical Marijuana

Bipartisan Lawmakers File Federal Bill to Break Medical Marijuana Research Logjam. A bipartisan group of lawmakers led by Rep. Earl Blumenauer (D-OR) has filed the Medical Marijuana Research Act, which aims to accelerate medical marijuana research by creating a less cumbersome registration process, reforming production and distribution regulations, and allowing for private manufacturing and distribution of marijuana for research purposes. "Forty-seven states have legalized some form of cannabis, yet the federal government is still getting in the way of further progress on the potential for research," said Blumenauer.

Hemp

North Carolina House Committee Votes to Define Smokable Hemp as Marijuana. Acting at the behest of law enforcement, the House Judiciary Committee on Wednesday amended SB 352 to classify smokable hemp as a controlled substance like marijuana. The move came after police complained that allowing smokable hemp would make enforcing laws against marijuana smoking unenforceable and that it would cause police to lose probable cause for vehicle searches based on the smell of marijuana smoke or a drug dog's alert. "If this bill passes without the ban, we will put 800 of our law enforcement dogs and their handlers out of business," said Rep. Jimmy Dixon (R-Duplin).

Ohio House Votes to Approve Hemp Bill. The House on Wednesday voted 88-3 to approve SB 57, which clears the way for legal hemp production in the state. The Senate had already approved the bill, but because the House amended it, the Senate voted later Wednesday to concur in those amendments. The bill now goes to the desk of Gov. Mike DeWine (R).

Drug Overdoses

CDC Says Drug Overdoses Fell Last Year for First Time in Decades. The Centers for Disease Control and Prevention (CDC) reported Wednesday that preliminary data showed nearly 68,000 drug overdose deaths last year, a 5% decline over 201, which saw a record of more than 70,000 deaths, and the first decline since the beginning of the current opioid use wave beginning in 1995. But the rate is still about seven times higher than it was then.

Law Enforcement

El Chapo Sentenced to Life in Prison. Mexican drug lord Joaquin "El Chapo" Guzman was sentenced Wednesday to life in prison plus 30 years in federal court in Manhattan. He had been convicted in February of smuggling tons of cocaine and other drugs into the US. He is headed for the federal maximum security prison in Florence, Colorado.

Chronicle AM: MI Pot Expungement Bill Filed, Sri Lanka President Blames Drug Gangs for Terror Attacks, More... (7/16/19)

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)
Marijuana Policy

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.

Chronicle AM: Malaysia Moves Toward Drug Decriminalization, Cocaine Production at Record High, More... (6/28/19)

In a dramatic change of course, Malaysia is moving toward drug decriminalization; the UN says cocaine production hit an all-time high in 2017, Cory Booker files a bill to protect immigrants with marijuana convictions, and more.

Sen. Cory Booker has filed a bill to protect immigrants from being deported for marijuana offenses. (Creative Commons)
Marijuana Policy

Cory Booker Files Bill to Protect Immigrants from Being Deported for Marijuana. Democratic presidential contender and New Jersey Sen. Cory Booker filed a bill Thursday that would bar the US from deporting immigrants and denying citizenship to people convicted of marijuana offenses. More than 34,000 people were deported for marijuana offenses between 2012 and 2017, according to Human Rights Watch. The bill is the Remove Marijuana from Deportable Offenses Act. It is not yet available on the congressional web site.

Congressional Bill Would Allow Marijuana Imports and Exports Between Legal States. Sen. Ron Wyden (D-OR) and Rep. Earl Blumenauer (D-OR) on Thursday filed a bill to allow states to legally export and import marijuana. The bill would allow states that have legalized marijuana to enter into mutual agreements to engage in interstate pot commerce. "As more and more states legalize cannabis, the gap between state and federal laws will only grow more confusing for both legal businesses and consumers," Wyden said in a press release.
The solution is clear: the federal government needs to end its senseless and out of touch prohibition. As we fight for that ultimate goal, however, Congress can and should immediately act to protect the will of Oregonians and voters in other states from federal interference -- and that should include interstate cannabis commerce," he said. Read the text of the bill here.

California Legislature Approves Bill Extending Provisional Permits. The Assembly voted 57-11 Thursday to approve Assembly Bill 97, which will extend the lifespan of provisional business licenses for marijuana operations until 2022. Since the measure passed the Senate on Monday, the bill now goes to the desk of Gov. Gavin Newsom (D), who is expected to sign it. The measure is a bid to bolster the state's flagging legal marijuana industry.

Harm Reduction

New Jersey to Allow Paramedics to Initiate Buprenorphine. State Health Commissioner Shereef Elnahal signed an executive order this week that will allow paramedics to administer buprenorphine, an opioid addiction medication. The aim is to encourage people who have been administered naloxone to reverse an opioid overdose to go right to buprenorphine in the wake of the overdose recovery. Buprenorphine is considered the gold standard for opioid treatment drugs.

International

UN Says Cocaine Production at Record Levels in 2017. The UN Office on Drugs and Crime (UNODC) reported Thursday that cocaine production jumped 13% in 2017 to 1,275 tons, the largest quantity ever reported. Although Colombia accounts for about 70% of total production, output was also increasing in both Bolivia and Peru. Colombian cocaine manufacture has quadrupled between 2013 and 2017.

Malaysia Moving Toward Drug Decriminalization. Malaysia plans to drop criminal penalties for the use and possession of small amounts of drugs, Health Minister Dzulkefly Ahmad said Thursday. The country currently has some of the world's toughest penalties for drug possession and more than 1,200 prisoners on death row, most for drug offenses. Less than half a pound of marijuana can merit a death sentence under current law. Ahmad said drug addiction is a complex, relapsing medical condition and throwing an addict into jail will not cure him. "Drug decriminalization will indeed be a critical next step toward achieving a rational drug policy that puts science and public health before punishment and incarceration," Dzulkefly said. "An addict shall be treated as a patient, not as a criminal, whose addiction is a disease we would like to cure."

(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.)

Chronicle AM: Drug ODs May Have Peaked, New Gallup Marijuana Poll, More... (6/12/19)

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)
Marijuana Policy

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.

Chronicle AM: New York Weed Wars, Huge NJ Dispensary Expansion, More... (6/4/19)

Tensions over the fate of marijuana legalization in New York are heating up as the legislative clock ticks down, Nevada becomes the latest state to enact an expungement law, a Vermont bid to decriminalize buprenorphine gets sidetracked, and more.

Governor Cuomo is getting some heat over stalled marijuana legalization. (Creative Commons)
Marijuana Policy

Nevada Governor Signs Measure Sealing Past Marijuana Convictions. Gov. Steve Sisolak (D) has signed into law a bill helping those with past marijuana convictions get their records sealed. Assembly Bill 192 permits those convicted of marijuana-specific activities which have since been decriminalized or legalized to submit a written request to the court to have those records sealed. Petitioners may not be charged a fee for submitting such a request, and any objections to the request must be filed within ten judicial days. The new law takes effect on July 1.

New York Governor Says Marijuana Legalization Unlikely This Year. Gov. Andrew Cuomo (D) said Monday he doesn't think there is sufficient support in the state Senate to pass a pending marijuana legalization bill. But Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) said legislators are still working to find a compromise. While there is broad support for legalization, there is disagreement over regulatory details and expunging past low-level marijuana convictions. The session ends June 19.

New York Reform Groups Say Governor Failing to Deliver on Marijuana Legalization. In a joint statement released Monday, organizations including the Drug Policy Alliance, Citizen Action and New York Communities for Change blamed Gov. Andrew Cuomo (D) for blocking proposals that he claims to support, such as legalizing marijuana. "Governor Cuomo, we demand that you cease your reckless efforts to block and water down these issues," the groups wrote in their statement. Other organizations signing on to the statement included VOCAL-NY, the Alliance for Quality Education, the Long Island Progressive Coalition and Make the Road New York. "Move. Act. Lead," suggested Kassandra Frederique, New York state director for the Drug Policy Alliance. "Do what we as the voters asked you to do."

Medical Marijuana

New Jersey Announces Massive Dispensary Expansion. The state Department of Health announced Monday plans to dramatically increase the number of dispensaries in the state -- from the currently existing six to more than a hundred! The move comes as the legislature is nearing passage of its own measure to expand the medical marijuana system.

Heroin and Prescription Opioids

Vermont Bid to Decriminalize Buprenorphine Stalled. A bill that would have decriminalized the possession of the opioid treatment drug buprenorphine, HB 162, has stalled in the statehouse. While proponents argued that it would save lives by making the medication more available to users and deter them from using deadlier substances, the bill was opposed by Gov. Phil Scott (R) and US Attorney Christina Nolan. It passed out of the House Judiciary Committee, but the chair of the House Human Services Committee, Rep. Ann Pugh (D-Burlington) refused to move it, so it sits there until next year.

Chronicle AM: AZ High Court Rules Hash is Marijuana (Doh!), IA Governor Vetos MMJ Bill, More... (5/28/19)

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)
Marijuana Policy

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.

Chronicle AM: NJ Marijuana Moves, IL Needle Exchange Bill Filed, More... (5/20/19)

The state treasurers' association wants banking access for legal weed, New Jersey sees a sudden decriminalization and expungement bill, a Texas CBD medical marijuana bill gets expanded, and more.

Welcome to New Jersey, where legalization is stalled but other marijuana reform is happening. (Creative Commons)
Marijuana Policy

State Treasurers Call on Congress to Pass Marijuana Banking Legislation. The National Association of State Treasurers adopted a resolution last Friday calling on Congress to pass legislation to allow the legal marijuana industry access to financial services. The association "supports common sense federal laws and regulations to provide essential banking services to state legalized cannabis businesses, promote public safety and financial transparency, and facilitate local, state and federal tax and fee collection." The group cited public safety and regulatory concerns. The resolution comes after 17 state treasurers sent a similar letter earlier this month.

New Jersey Marijuana Decriminalization and Expungement Bill Suddenly Emerges. As the push to legalize weed falters in Trenton, lawmakers have come up with a new bill that would decriminalize the possession of up to two ounces and reduce penalties for other marijuana offenses. It would also allow people with existing marijuana convictions to apply for expungement of their records and dismiss pending criminal cases against anyone caught with less than two ounces. This new bill cleared the Senate Health Committee Monday and a vote in the Assembly Appropriations Committee Monday afternoon.

Medical Marijuana

New Jersey Medical Marijuana Expansion Bill Advances. As the legalization push falters in Trenton, a bill that would greatly expand the state's medical marijuana system is now moving. The Jake Honig Compassionate Use Medical Marijuana Act, S 10, was advanced by committees in both the Senate and the Assembly on Monday and could head for floor votes as early as Thursday. The bill increases the amount of medicine patients can buy each month from two to three ounces and legalizes edible forms of medical marijuana.

Texas Senate Committee Expands CBD Medical Marijuana Bill to Include More Patients. The Senate Committee on Health and Human Services last Friday voted to advance HB 3703, which would expand the state's CBD-only Compassionate Use Act. The bill originally expanded the list of qualifying conditions to include multiple sclerosis, epilepsy and spasticity, but the committee amended the bill to add even more conditions: ALS, terminal cancer, and autism. The bill now heads for a Senate floor vote.

Harm Reduction

Illinois Needle Exchange Bill Filed. State Sen. Melinda Bush (D-Chicago) last Friday filed SB 1828, which would legalize needle exchange programs statewide under regulation by the Department of Public Health. The bill also provides criminal immunity for needle exchange workers. Some counties in the state currently have needle exchange programs, but workers fear being subject to arrest under ambiguous current state laws.

Chronicle AM: Biden for Decrim Not Fed Legalization, Heroin ER Visits Decline, More... (5/17/19)

Joe Biden comes out for marijuana decriminalization, a legalization bill gets introduced in Delaware, heroin-related emergency room visits are declining, Brazil's Congress just approved a retrograde drug law, and more.

Joe Biden moves his marijuana policy partially into the 21st Century. (Creative Commons)
Marijuana Policy

Joe Biden Supports Decriminalization, But Not an End to Federal Prohibition. Democratic presidential contender Joe Biden supports decriminalizing pot, telling a crowd in New Hampshire Tuesday that "Nobody should be in jail for smoking marijuana." When pressed on whether Biden supports legalizing marijuana, campaign spokesman Andrew Bates told CNN: "As he said [Tuesday], Vice President Biden does not believe anyone should be in jail simply for smoking or possessing marijuana. He supports decriminalizing marijuana and automatically expunging prior criminal records for marijuana possession, so those affected don't have to figure out how to petition for it or pay for a lawyer," Bates said. "He would allow states to continue to make their own choices regarding legalization and would seek to make it easier to conduct research on marijuana's positive and negative health impacts by rescheduling it as a schedule 2 drug," he added. Most other Democratic presidential candidates have come out in favor of legalization.

California Pot Tax Relief Bill Fails in Committee. A bill designed to jumpstart the state's legal marijuana industry by temporarily reducing some taxes appears dead for this session. AB 286, sponsored by Democratic Assemblyman Rob Bonta, couldn't get past the Assembly Appropriations Committee by a legislative deadline Thursday, even after Bonta had amended the bill to attract more votes. The bill now will not get a floor vote, even though it is possible it could be revived using legislative maneuvers later in the year.

Delaware Marijuana Legalization Bill Introduced. State Rep. Ed Osienski (D-Newark) and cosponsors have filed HB 110, the Delaware Marijuana Control Act, which would legalize the possession of up to an ounce of weed by adults, but which would not allow for home cultivation. The bill envisions a taxed and regulated legal marketplace, with a 15% retail tax. "There is a market for safe and legal marijuana in Delaware, which will have numerous benefits for our state," Osienski said. "We would be establishing a new industry that would create good-paying jobs for Delawareans while striking a blow against the marijuana black market."

Massachusetts Moves Toward Allowing Social Consumption Spaces. The state's Cannabis Control Commission adopted a policy Thursday to launch a pilot program for cannabis cafes. In something of a retreat from a December 2017 plan, licenses will not be available for existing non-marijuana businesses that want to incorporate marijuana, but only for full-fledged cannabis cafes and special events.

Medical Marijuana

Nebraska Legislature Kills Medical Marijuana Bill. Rather than voting on a medical marijuana bill, LB 110, after hours of debate, the unicameral legislature voted to table the bill, effectively killing it. The move came even after the bill's sponsor agreed to suggested amendments limiting available products and delivery methods.

Heroin and Prescription Opioids

Emergency Visits for Heroin Overdoses Decline in Some States. Researchers from the Centers for Disease Control and Prevention report that heroin overdose-related emergency room visits declined by 21.5% between April 2017 and June 2018, and that a number of states have also posted declines. Nine mostly eastern states and the District of Columbia reported "significant decreases," the CDC said. CDC speculates that the decline may be tied to less fentanyl-laced heroin and increased availability of overdose-reversing drugs.

Psychedelics

Oakland City Council Hearing on Psychedelic Decriminalization Set for Later This Month. The city council's Public Safety Committee is set to consider a resolution that would bar the use of city funds to "assist in the enforcement of laws imposing criminal penalties for the use and possession" of psychedelic substances. The resolution would also make psychedelics the "lowest law enforcement priority." The hearing is set for May 28. If approved in committee, the resolution would head to the full council for a final vote.

International

Brazil Congress Approves Forced Rehab for Drug Users. The Senate has approved a measure that will require drug users to undergo treatment at private or religious centers, as well as toughening penalties for drug trafficking. The Chamber of Deputies had approved the bill earlier this year, and the Senate approved it Wednesday. Drug policy specialists criticized the bill for moving away from a public health approach: "It is a perfect example of how this government seeks to resolve complex issues with simple and wrong solutions," said Leon Ribeiro, a public health psychiatrist and former member of Brazil's National Secretariat for Drug Policy.

(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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