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Chronicle AM: MedMJ Icon Dennis Peron Dies, ALEC Spurns Drug-Free Zone Laws, More... (1/29/18)

A pioneer of the medical marijuana movement is dead, the conservative group ALEC calls for reform of drug-free zone laws, the Trump administration is turning to private prisons, and more.

Dennis Peron, RIP (Pinterest)
Marijuana Policy

Florida Democratic Gubernatorial Candidate Calls for Marijuana Legalization. "Legalize it. Tax it. Use the revenue to fix Florida's public schools and move us up from 29th in the nation to #1." That's what Tallahassee Mayor Andrew Gillum tweeted last week in response to an NBC/Wall Street Journal poll showing 60% of Americans favor legalization. No other candidate supports legalization, but at least two have called for decriminalization. Although at least five Democrats are running, Gillum is one of the leading contenders.

Medical Marijuana

Dennis Peron, "The Father of Medical Marijuana," Dead at 72. A key player in California's groundbreaking embrace of medical marijuana has died. Dennis Peron, an AIDS activist whose partner, Jonathan West, died of the disease in 1990, argued for the benefits of medical marijuana for AIDS patients, opened the nation's first dispensary in San Francisco, and was a driving force behind the city's 1992 ordinance allowing medical marijuana. That was the first step toward the state's historic passage of Prop 215 four years later. Peron was 72. He died of lung cancer at a San Francisco hospital.

Asset Forfeiture

Kansas Civil Asset Forfeiture Reform Bill Filed. The House Judiciary Committee has filed House Bill 2459, which would not eliminate civil asset forfeiture, but would create a process for people to file a claim on seized property and assets. The bill was the result of an effort by the Kansas Judicial Commission to draft reform recommendations after eight different reforms bills were offered last year. In a hearing last week, the bill won the support of the Kansas Bureau of Investigation, although no vote was taken.

Drug Testing

South Dakota Bill to Allow Drug Testing of Infants Advances. The Senate Health and Human Services Committee voted 6-1 last week to approve Senate Bill 105, which would allow doctors to drug test newborns for up to 28 days for evidence of prenatal drug exposure. The measure would absolve health care workers from any civil or criminal liability related to the test. Doctors would be required to report positive test results to the state. The bill now heads to a Senate floor vote.

Sentencing Reform

ALEC Calls on States to Reform "Drug-Free Zone" Laws. The conservative, pro-business American Legislative Exchange Council (ALEC), which drafts model bills for state legislatures, passed a resolution last Friday calling on states to reform drug-free zone laws. Such laws impose stiffer penalties for drug offenses committed within such areas, typically around schools, churches, and parks. They have been criticized as unduly harsh and having a disproportionate racial impact. "Most Drug-Free Zone laws were established decades ago," the resolution says, "but have not been reformed despite evidence that Drug-Free Zones are arbitrary and often unnecessarily broad, are ineffective at deterring drug- related crime, and create significant unintended consequences, including unwarranted disparate impacts on minority defendants."

Trump Administration Seeks to Boost Use of Private Prisons.The Bureau of Prisons now has the goal of "increasing population levels in private contract facilities," a memo sent last week by the agency's Assistant Director for Correctional Programs Division Frank Lara said. The memo follows guidance from Attorney General Jeff Sessions to reverse an Obama-era policy to reduce reliance on private prisons. DOJ is also seeking to cut federal prison guard positions.

Chronicle AM: CA MJ Tax Bonanza, Mexico Legal MJ for Tourists, Corruption and Violence in Central American Drug Trade, More... (1/26/18)

California looks set to make big bucks from legalizing weed, Mexico's tourism minister suggests legalizing it at some of the country's biggest tourist beach resorts, the new Honduran national police chief has some explaining to do, and more.

Legal green will make the Golden State a bit more golden. (Wikimedia)
Marijuana Policy

California Will Reap $643 Million in Pot Taxes Next Year, Governor Estimates. Gov. Jerry Brown (D) estimated Wednesday that the state will take in $643 million in marijuana taxes in Fiscal Year 2018-2019, more than 10 times the cost of issuing licenses and enforcing new rules. The estimate comes in the governor's budget proposal for the next fiscal year. This year, with only five months remaining in the fiscal year and with sales just getting underway, the budget estimates $175 million in pot taxes. The high tax proceeds estimates are leading to calls from some consumers and the California Growers Association to lower the taxes.

Virginia House Panel Kills Decriminalization Bill. A subcommittee of the House Committee on Courts and Justice voted 7-1 Wednesday to kill a decriminalization bill, House Bill 1063. A bill that would lessen penalties for a first marijuana offense remains alive.

Medical Marijuana

Idaho CBD Bill Filed. Conservative Republican state Rep. Dorothy Moon has filed a bill that would allow the CBD cannabis oil for medicinal purposes. House Bill 410 would limit cannabis oils to less than 0.3% THC. It is now before the House Health and Welfare Committee.

International

Mexico Tourism Minister Calls for Legal Marijuana at Major Beach Resorts. Tourism Minister Enrique de la Madrid said Thursday that Mexico should legalize marijuana at two of the country's major beach resorts, Cancun and Los Cabos, in a bid to reduce criminal violence. "It's absurd we're not taking this step as a country," he told reporters in Mexico City. "Even if there's work to be done in the whole of the country, I'd like to see that it might be done in Baja California and Quintana Roo," the states where Los Cabos and Cancun, respectively, are located.

Mexican Military on Patrol in Reynosa in Wake of Cartel Violence. The military is out in force, on the ground and in the air, in the Mexican border city of Reynosa after days of gun battles between rival factions of the Gulf Cartel left at least a dozen people dead. The military patrols will continue indefinitely, the governor of Tamaulipas state said.

Honduras National Police Chief Reportedly Helped Cartel Rescue Cocaine Load. The new chief of National Police, Jose David Aguilar Moran, promised to continue reforming an agency stained by corruption and complicity with drug cartels, but the Associated Press reports that he helped a cartel leader successfully retrieve and deliver nearly a ton of cocaine after lower-ranking police stopped the truck it which it was being transported. That report is based on confidential Honduran government security reports obtained by the AP.

Georgian Protesters Demand Drug Law Reforms. Hundreds of people gathered outside the parliament building in Tbilisi Thursday to reiterate their demand that the country liberalize its drug laws. The rally was sparked by the Monday sentencing of actor Giorgi Giorganashvili to eight years in prison on drug charges. The protestors representing 20 civil society groups said the sentence "once again legitimized the inhumane and repressive drug policy in Georgia." The action comes as the parliament is considering a bill that would decriminalize the use and possession of small amounts of drugs.

Chronicle AM: RI MedMJ Expansion Proposed, Trump's Junior Drug Czar to Step Down, More... (1/25/18)

It's the time of year for marijuana to start popping up in state legislatures, Rhode Island's governor proposes expanding the state's medical marijuana system, Trump's wet-behind-the-ears deputy drug czar is stepping down, a new poll finds support for criminal justice reforms, and more.

Rhode Island Gov. Gina Raimondo (D) wants to quadruple the number of dispensaries in the state. (Wikimedia)
Marijuana Policy

US Senators and Reps Send Trump Letter Urging Respect for State Marijuana Laws. Some 54 US senators and representatives sent a letter Thursday to President Trump expressing their "urgent concern" about threats to legal marijuana states and urging him to uphold his campaign pledge to respect state marijuana laws.

Iowa Senate Subcommittee Advances Marijuana Sentencing Reform Bill. A Senate Judiciary Committee subcommittee has approved Senate File 342, which would reduce possession of five grams of marijuana or less from a serious misdemeanor to a simple misdemeanor. That would reduce possible jail time from a year to no more than 30 days and reduce fines from up to $1,000 to $65. The bill now goes before the committee as a whole.

New Mexico Marijuana Sentencing Reform Bill Filed. Sen. Joseph Cervantes (D-Las Cruces) has filed Senate Bill 141, which would reduce the penalties for the possession of small amounts of marijuana. Under the bill, people caught with less than an ounce would be subject to a fine of no more than $50 for a first offense and up to 15 days in jail. Possession would remain a misdemeanor. The Senate approved a similar bill last year, but it was never taken up in the House. Cervantes is seeking the Democratic gubernatorial nomination.

Medical Marijuana

Indiana House Calls for Study of Medical Marijuana. The House voted unanimously Thursday in support of a resolution calling for a legislative committee to study medical marijuana. If the Senate concurs, a special council comprised of lawmakers from both parties would do the study over the summer.

Kentucky House Calls for Feds to Remove Roadblocks to Marijuana Research. The House voted 73-5 Wednesday to approve a resolution calling on the DEA and the FDA to "expedite research on the safety and effectiveness of the use of marijuana for certain health purposes."

Rhode Island Governor Proposes Medical Marijuana Expansion. As part of her 2018-2019 budget plan, Gov. Gina Raimondo (D) is proposing quadrupling the number of dispensaries in the state from three to 12, adding "acute pain" to the list of qualifying conditions, and allowing Connecticut and Massachusetts cardholders to buy medical marijuana in the state.

Drug Policy

Trump's 24-Year-Old Deputy Drug Czar to Step Down. Taylor Weyeneth, the 24-year-old former Trump campaigner who was given a senior post in the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), will step down at the end of this month. Weyeneth's high-ranking position without any apparent qualifications for it, as well as the revelation that he had a habit of not showing up for work at a law firm where has was previously employed, aroused controversy earlier this month.

Sentencing

Poll Finds Broad Support for Reforming Criminal Justice System. A new Public Opinion Strategies poll finds that fully three-quarters of the American public believe the criminal justice system needs "significant improvements," with strong majorities in both parties in agreement on the issue. Similarly, strong majorities of both Democrats and Republicans don't want to spend money locking up nonviolent offenders and that the primary goal of the criminal justice system should be rehabilitation. Mandatory minimums for non-violent offenders are "toxic with voters across the political spectrum," the poll found, with 87% strongly supporting replacing them with a system that allows more judicial discretion.

Chronicle AM: VT Legalizes Without Sales, Sentencing Commission Proposes Upped Fentanyl Penalties, More... (1/22/18)

Vermont becomes the 9th legal marijuana state, Illinois lawmakers take up legalization, the US Sentencing Commission proposing increasing fentanyl penalties, and more.

Vermont just turned New England a little greener. (Wikimedia)
Marijuana Policy

Another National Poll Has a Strong Majority for Marijuana Legalization. A new poll from NBC News and the Wall Street Journal has support for marijuana legalization at 60% nationwide, up from 55% the last time the media outlets asked the question, in 2014.

Illinois Lawmakers Hold Hearing on Marijuana Legalization. A joint legislative committee began a hearing on marijuana legalization Monday morning. Cook County Board President Toni Preckwinkle told legislators she supported it: "Legalizing marijuana is an important step in right-sizing our criminal justice system, reducing racial disparities in prosecuting non-violent drug offenses, targeting our scarce resources on prosecuting violent crime and lessening the social dislocation we see in too many of our communities," Preckwinkle said. The only relevant bill currently before the legislator is Senate Bill 2275, which would authorize a non-binding statewide referendum on the topic of legalization.

Vermont Legalizes Marijuana; Becomes First State to Do So Via Legislative Process. With Gov. Phil Scott's (R) signature on House Bill 511 Monday, the state legalized the possession and cultivation of small amounts of marijuana, becoming the first state to free the weed via the legislature. The new law goes into effect July 1. The new law does not legalize the taxed and regulated commercial production and sale of marijuana. Instead, the bill calls for a task force appointed by the governor to study the issue and recommend "legislation on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market" by December 31. Then lawmakers would have to go to work again to get that passed.

Buffalo Campaigners Call for Police to Deprioritize Marijuana Possession Arrests. A nonprofit group called Open Buffalo has begun a petition campaign to urge Mayor Byron Brown to tell the police department to deprioritize enforcement of marijuana possession laws. The group is close to its goal of 600 signatures; when it hits that goal, it will deliver the petition to the mayor.

Sentencing

US Sentencing Commission Proposes Stiffening Fentanyl Penalties. Last Friday, the Sentencing Commission announced it was proposing to increase penalties for fentanyl offenses by setting the offense level for fentanyl equal to the higher offense level currently assigned to fentanyl analogs. The commission is also proposing a sentencing guidelines enhancement for misrepresenting fentanyl or fentanyl analogs as another substance. The commission also proposed a class-based approach to synthetic cathinones and cannabinoids and established a single marijuana equivalency for each class. Public comment on the proposals is open until March 6, and the commission will hold public hearings in February and March. The commission is expected to vote on the proposals before May 1.

Federal Marijuana Justice Act Filed in House [FEATURE]

Attorney General Sessions' announcement last week that he was rescinding Obama-era guidance to federal prosecutors to generally leave law-abiding marijuana operations alone in states where it is legal has paradoxically had the effect of energizing the movement to legalize marijuana at the federal level. The latest evidence of the reaction came Wednesday, as Congresswoman Barbara Lee (D-CA) and Congressman Ro Khanna (D-CA) filed a legalization bill in the House.

Oakland's Democratic Rep. Barbara Lee (Wikimedia)
And it's not just any legalization bill. Their Marijuana Justice Act would help correct decades of injustice surrounding the discriminatory enforcement of marijuana criminalization laws in the United States.

"We intend to end this destructive war on drugs, and this legislation will do that," said Lee at press conference rolling out the bill. "It's a roadmap for ending the drug war, but it also begins to address mass incarceration and disinvestment in communities of color. It is an essential step to correcting the injustices of the failed war on drugs, namely racial disparities in arrests and incarceration."

In addition to ending federal marijuana prohibition by removing the drug from the DEA's list of controlled substances, the bill would allow anyone currently serving a sentence for drug possession to appeal for judicial review of his or her sentence. It would also use federal spending to incentivize states to reform their marijuana laws "if those laws were shown to have a disproportionate effect on low-income people and/or people of color."

That last provision is especially striking given that nearly every state disproportionately arrests and imprisons blacks for marijuana. With this language, the federal government could become an engine for state-level marijuana legalization instead of an impediment to it.

"This would force states with records of racial bias in arrests and sentencing to clean up their acts by cutting funds to the worst offenders," said Lee.

But even that would only begin to repair the damage done by the drug war, the Oakland congresswoman explained.

"It's not enough to just expunge records and end over-incarceration," Lee said. "Restorative justice is extremely important, and these victims of our failed policies deserve our support during the reentry process, too."

Rep. Ro Khanna (D-CA)
For bill cosponsor Rep. Ro Khanna (D-CA), it's the economics, but not just in the traditional sense of increased economic activity and tax revenues. While he pointed to the potential economic gains of legalization, he also highlighted the opportunity costs of pot prohibition and underlined provisions in the bill that would spend federal funds to invest in communities ravaged by the drug war.

"The estimates are that legalization would lead to a $40 billion a year industry, with a million jobs and $7 billion tax revenues, which would more than offset the $500 million in the bill to help invest in communities of color. It's a net gain for government and for job creation," Khanna noted.

"But the economic impact is so much broader," he pointed out. "How many people of color got arrested at 19, 20, or 25? That represents hundreds of millions of dollars in lost economic potential. With this bill, we're not just talking about legalization, but about giving people a second chance.

The Marijuana Justice Act is the House version of the bill introduced in the Senate earlier this year by Sen. Cory Booker (D-NJ), Senate Bill 1689. Booker was at Wednesday's press conference for the House version.

"There is a rush of enthusiasm for legalization," he said, "but it seems like hypocrisy and injustice if you legalize it but don't ty to undo the damage of the war on drugs. You can't get a Pell grant or a business or professional license for doing something three out of our last four presidents have admitted doing. The war on drugs is one of the greatest assaults on people of color since Jim Crow, and that's why this is a very happy day for me. We're trying to make this nation live up to is promise of liberty and justice, not just for the privileged few, but for all.

Sen.Cory Booker (D-NJ) filed the Senate version of the bill last August.
"I think we are seeing momentum growing," Booker continued. "People who were skeptics are being converted. A lot of people are aware of how unjust this has been, and now there is more confidence from seeing early state like Colorado be so successful."

Indeed. One of the most politically striking moments since the Sessions announcement was Colorado Republican Sen. Cory Gardner -- not a supporter of legalization -- taking to the Senate floor to excoriate Sessions over the move and vow to block Justice Department nominees until Sessions reverses himself.

"More than 30 states have passed marijuana reforms," said Lee. "The grassroots and democracy is working. You will see members of the House and Senate move forward because the public supports this. It can't be stopped."

"We are at a tipping point, with nearly two-thirds supporting marijuana legalization and an overwhelming 91% supporting medical marijuana, said Queen Adesuyi of the Drug Policy Alliance, which has been working closely with Booker and Lee on the bills. "Eight states have already legalized it, with Vermont and New Hampshire on the cusp. Yet, Attorney General Sessions continues to threaten the states. It's time to legalize marijuana, protect patients, and end federal marijuana prohibition."

While momentum is building, the bills both face an uphill battle in their respective chambers. The Booker bill, introduced last August, still has only one cosponsor, Oregon Democrat Sen. Ron Wyden, and there is no indication it will get even a committee hearing this session. Lee and Khanna's House version of the bill already had a dozen cosponsors on day one, but again, it is unlikely to get a hearing under the House Republican leadership.

But the legalization bills could fare better next year if the Democrats manage to take back the House and/or the Senate. And Jeff Sessions' war on weed could help them to do just that.

(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 web site. 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: Govs Seek Fed Help for Opioid Crisis, KY GOP Leader Files Legal MJ Bill, More... (1/18/18)

Governors call for more help with the opioid crisis from the federal government, a Kentucky GOP leader files a marijuana legalization bill, the ACLU of Montana warns an overzealous prosecutor, and more.

The nation's governors want Trump and the Congress to step up on dealing with the opioid crisis. (Wikimedia)
Marijuana Policy

Congressmen Reintroduce Bill to Protect Marijuana from Civil Asset Forfeiture. Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) reintroduced the Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act on Wednesday. The bill would block seized funds from being used to in the DEA's Domestic Cannabis Eradication/Suppression program. This year's version of the bill is not yet available on the congressional website, but the 2015 version is available here.

Kentucky Republican Leader Files Marijuana Legalization Bill. State Sen. Dan Seum (R-Fairdale), a member of the Republican leadership team, filed a marijuana legalization bill on Wednesday. The bill would allow people 21 and over to legally use marijuana, and it would also legalize the production and sales of pot. The measure is Senate Bill 80.

New Jersey Legalization Bid Must Overcome Democratic Wavering. Newly seated Democratic Gov. Phil Murphy vowed to legalize marijuana in his first 100 days in office, but he's going to have to whip some Democratic senators into shape first. At least a half dozen Democratic senators say they plan to vote against any legalization bill. The state Senate has 40 seats; the Democrats hold 25 of them. If all six Democrats actually vote no, that means passage would depend on at least two Republicans voting yes. There are two GOP senators, Chris Brown of Atlantic and Dawn Addiego of Burlington, who have said they are leaning toward supporting the bill.

Wisconsin Democratic Gubernatorial Candidate Would Pardon Marijuana Offenders. A leading contender for the Democratic gubernatorial nomination, former state Democratic Party chairman Matt Flynn, said Wednesday he would pardon all low-level, non-violent marijuana offenders if elected. Flynn has repeatedly called for marijuana legalization in the state.

Medical Marijuana

Georgia Voters Ready for Full-Fledged Medical Marijuana Program, Poll Finds. A new poll from the Atlanta Journal-Constitution finds that more than three-quarters of those surveyed want to see the state's limited medical marijuana program expanded. Some 77% said they want greater access to medical marijuana. The poll comes as the legislature considers a measure, House Bill 645, that would allow for medical marijuana dispensaries. The poll also found that support for recreational marijuana was at an all-time high in the state, with 50% saying legalize it.

Heroin and Prescription Opioids

Governors Call on Trump, Congress to Do More to Solve Opioid Crisis. In its first coordinated response to the opioid crisis, the National Governors Association called Thursday for the administration and Congress to provide more money and coordination to fight against it. "While progress has been made, the consequences of opioid addiction continue reverberating throughout society, devastating families and overwhelming health care providers, law enforcement and social services," the governors said as they released a set of 22 recommendations. Among other suggestions, the governors are calling for increased access to the overdose reversal drug naloxone, increased efforts to block illicit fentanyl shipments into the country, and a requirement that drug prescribers undergo substance abuse training and register to use state prescription monitoring databases.

Law Enforcement

Montana ACLU Vows to Challenge County DA's Crackdown on Pregnant Drug and Alcohol Users The ACLU of Montana said Wednesday it will fight any action by Big Horn County Attorney Jay Harris to arrest or incarcerate pregnant women based on alleged harm to the fetus. Harris announced last week that he would seek protection orders barring pregnant women from using any non-prescribed drugs or alcohol and seek contempt orders and jail for any woman who violates them. The ACLU called Harris's move "an egregious abuse of power" and noted that a similar effort in Ravalli County in 2014 was killed in the courts. "If these reports are accurate, then Big Horn County's 'crackdown' on pregnant women is not only counterproductive, paternalistic and cruel, it is also illegal. If your office actively attempts to enforce such a policy, ACLU is prepared to challenge those actions in Court," the group said in a letter sent to Harris.

Sentencing

New Jersey Enacts Law to Examine Racial and Ethnic Impact of Sentencing Changes. On his last day in office, former New Jersey Governor Chris Christie signed racial and ethnic impact statement legislation this week that will provide an opportunity for lawmakers to address the state's high rate of racial disparity in incarceration. Similar to fiscal or environmental impact statements, racial impact statements provide legislators with a statistical analysis of the projected impact of criminal justice policy changes prior to enactment. Armed with the data analysis, policymakers can make more informed decisions about public safety issues without aggravating existing racial disparities. Four other states -- Connecticut, Iowa, Minnesota, and Oregon -- have similar policies.

Chronicle AM: NJ Governor Says Legalize It, Canada Liberals Want Drug Decrim, More... (1/17/18)

Incoming New Jersey Gov. Phil Murphy (D) becomes the first to call for marijuana legalization in his inauguration speech, the VA rejects calls to study marijuana for PTSD, Canada's Liberals push for drug decriminalization, and more.

Incoming New Jersey Gov. Phil Murphy (D) calls for marijuana legalization in his inaugural address. (Wikimedia)
Marijuana Policy

State Attorneys General Support Marijuana Banking Access Bill. Some 19 state attorneys general signed onto a letter sent Tuesday to congressional leaders urging them to move on the Secure and Fair Enforcement (SAFE) Banking Act (HR 2215), which would "provide a safe harbor" for banks and other financial institutions that provide services to state-legal marijuana businesses. The bill was filed by Rep. Ed Perlmutter (D-CO). The bill has been stuck in the House Finances Committee and the Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Maine Legislators Vote to Delay Social Marijuana Clubs Until 2023. In a concession to Gov. Paul LePage (R), the Marijuana Legalization Implementation Committee voted 5-1 Tuesday to delay the licensing of social use clubs for five years. The move is aimed at winning support for an implementation bill after opposition last year stopped progress. A final vote on implementation legislation isn't expected until next month.

New Jersey's New Governor Vows to Legalize Marijuana. Incoming New Jersey Governor Phil Murphy (D) made history yesterday as the first elected governor to commit to legalizing recreational marijuana in an inauguration speech. "A stronger and fairer New Jersey embraces criminal justice reform comprehensively, and that includes a process to legalize marijuana," Murphy pledged shortly after being sworn in as New Jersey's 56th governor.

Medical Marijuana

VA Won't Study Marijuana's Effects on PTSD. The Department of Veterans Affairs will not begin a study into marijuana's effects on PTSD despite pleas from congressman, veterans, and the nation's largest veterans' service organization. The news came in a letter to House Democrats from VA Secretary David Shulkin. The letter was actually written in late December, but only released Tuesday. "VA is committed to research and developing effective ways to help veterans cope with post-traumatic stress disorder and chronic pain conditions," Shulkin wrote. "However, federal law restricts VA&#=39;s ability to conduct research involving medical marijuana, or to refer veterans to such research projects." The letter said a review of existing research found a link between marijuana use and increased risk of suicide, as well as mania and psychotic symptoms, a response Rep. Tim Walz (D-MN), a signer of the letter, called "disappointing" and "unacceptable."

Illinois Judge Orders State to Add Intractable Pain as Qualifying Condition. Cook County Judge Raymond Mitchell has ordered the Department of Public Health to add intractable pain as qualifying condition for medical marijuana use. The decision comes after the department declined to add it, and the department says it will appeal the ruling. The state Medical Cannabis Advisory Board had recommended added the condition in January 2016, but the health department demurred, saying there was "a lack of high quality data" from clinical trials to establish that the benefits outweighed the risks.

International

Canada Liberals Push for Drug Decriminalization. A resolution developed for the ruling Liberal Party's national convention in April calls for decriminalizing the use and possession of all illicit drugs. The Liberal caucus resolution calls on the government to adopt the model instituted in Portugal in 2001, where criminal penalties for personal use and possession of drugs were eliminated and treatment and harm reduction services ramped up.

Thailand Prepares for Medical Marijuana. The government has announced that it is pondering the nation's first legal marijuana cultivation facility, a move that presages changes to the country's drug laws that will soon allow the medicinal use of marijuana. "For medical purposes, they will be able to get the marijuana, but only on a doctor's orders. They can't grow it on their own," Narcotics Control Board director Sirinya Sitdhichai said Tuesday Sirinya. "This is what we have put in the draft."

Chronicle AM: Major Iran Drug Death Penalty Reform, NJ Marijuana Legalization Bill Filed, More... (1/11/18)

Iran moves to put the brakes on drug executions, another national poll has strong support for marijuana legalization, a legalization bill gets filed in New Jersey, a medical marijuana bill gets filed in Kentucky, and more.

Iran drug executions. We will see many fewer after the Islamic Republic approved reforms. (Hands Off Cain)
Marijuana Policy

Quinnipiac Poll Has Strong Majority for Legalization, Opposition to Sessions Move. A Quinnipiac poll released Thursday had support for marijuana legalization at 58% nationwide, roughly in line with recent polls from the Pew Trust (61%) and Gallup (64%). The only demographic groups not embracing legalization were Republicans (33%) and people over 65 (41%). Hispanics were evenly divided with 48% opposed and 48% in favor. But every group said they opposed the push to enforce federal marijuana laws in states where it is legal, with 70% opposing such a move. Marijuana "is here to stay, either for fun or to provide medical comfort," said pollster Tim Malloy in a statement. "And the message to Attorney General Jeff Sessions: Hands off."

Study: Legal Marijuana Could Create a Million Jobs, More Than $100 Billion in Federal Taxes. A study from New Frontier Data, an analytics firm focused on the marijuana industry, estimates that if marijuana were legal nationwide, it would generate federal tax revenues of nearly $132 billion over the next eight years. The study also calculated that nationwide legalization would create nearly 800,000 jobs, with that number rising to more than 1.1. million by 2025.

Sessions, Gardner Meet Over DOJ's War on Weed: No Progress. Sen. Cory Gardner (R-CO) met Wednesday with Attorney General Jeff Sessions regarding their conflict over marijuana policy, but Gardner reported no progress. "Nobody changed their mind in today's meeting," he said. Gardner, who represents a legal marijuana state, has vowed to block Justice Department nominees until Sessions backs away from his order last week rescinding Obama-era guidance to federal prosecutors that law-abiding pot operations in legal marijuana states should be largely left alone.

New Jersey Legalization Bill Filed. State Sen. Nick Scutari (D-Middlesex) filed a marijuana legalization bill on Tuesday. The bill would allow for the possession of up to an ounce of weed, 16 ounces of infused pot products, and 72 ounces of liquid infused products, but would not allow for home cultivation. It would also allow for the licensing of commercial grows and pot shops within a year of the bill's passage. Incoming Gov. Phil Murphy (D) has said he supports legalization. The bill is not yet available on the legislative web site.

Norfolk, Virginia, Calls for Marijuana Decriminalization. The city council in Virginia's second largest city passed a resolution Tuesday calling on state lawmakers to decriminalize pot possession. The resolution also called on the legislature to expand the list of medical conditions for which doctors can recommend the use of CBD cannabis oil Incoming Gov.-elect Ralph Northam (D) made decriminalization a centerpiece of his compaign, often describing the issue in racial justice terms.

Medical Marijuana

Kentucky Medical Marijuana Bill Filed. Secretary of State Allison Grimes announced Tuesday that a bill to legalize medical marijuana in the state, House Bill 166, has been filed. The bill would allow people suffering from a qualifying list of conditions to use medical marijuana. It would also allow patients to grow up to 12 plants in a locked and closed facility.

North Dakota Sets Medical Marijuana Dispensary Regions. The state Department of Health has established eight regions for where dispensaries can be located. State law allows for up to eight dispensaries, with more to be added if necessary. As of now, the eight regions include the state's largest cities and a 50-mile radius around them. The state is no yet taking applications for dispensaries or grow operations.

Heroin and Prescription Opioids

Pennsylvania Governor Declares Opioid Epidemic a Statewide Disaster. Gov. Tom Wolf (D) signed a statewide disaster declaration Tuesday regarding the state's opioid and heroin crisis. "While we have made progress in combating the heroin and opioid abuse crisis and drastically expanded Pennsylvania's response, we are still losing far too many Pennsylvanians," Wolf said in a statement. "I am taking this step to protect Pennsylvanians from this looming public health crisis, and I am using every tool at my disposal to get those suffering from substance use disorders into treatment, save more lives, and improve response coordination." The disaster declaration includes 13 initial initiatives in three broad areas: enhancing coordination and data collection to bolster state and local response, improving tools for families and first responders to save lives, and speeding up and expanding access to treatment.

International

Iran Reforms Death Penalty for Drug Offenses; Could Spare 5,000 Death Row Prisoners. The head of the Iranian judiciary on Tuesday made it official: Iran has reformed its death penalty statutes and will radically reduce the number of people facing execution for drug offenses. It does so by raising the weight threshold for a death sentence. Under the earlier law, possession of 5 kilograms of opium of 30 grams of heroin merited the death sentence; under the new law, it will take 50 kilos of opium or 2 kilos of heroin. The new thresholds are to be applied retroactively, potentially saving the lives of thousands on death row.

Paraguay Legalizes Medical Marijuana. Paraguayan President Horacio Cartes signed into law a medical marijuana bill on Wednesday. The measure legalizes the medicinal use of marijuana and cannabis oils, allows for local production of medical marijuana, and allows for the import of cannabis oil. Paraguay now joins Mexico and the South American countries of Argentina, Chile, Columbia, and Peru in allowing medical marijuana. Uruguay has legalized marijuana for all uses.

Chronicle AM: VT Lawmakers Approve Marijuana Legalization, US Prisoner Numbers Drop Again, More... (1/10/18)

Vermont is just a governor's signature away from becoming the first state to legalize marijuana at the statehouse, Maine stakeholders reach agreement on a legalization implementation bill, the US prisoner population declines for the third straight year, and more.

Montpelier says yes to marijuana (Wikimedia)
Marijuana Policy

California Bill Would Ease Expungement of Old Convictions. Assemblyman Rob Bonta (D-Oakland) has filed a bill, Assembly Bill 1793, to make the expungement of past marijuana misdemeanors and the reduction of past marijuana felonies to misdemeanors automatic. The expungements and downgradings are part of the 2016 legalization initiative, Prop 64, but the initiative language required people to initiate proceedings themselves.

Maine Stakeholders Reach Agreement on Legalization Implementation Bill. The legislature's Marijuana Implementation Committee said Tuesday it has come up with a framework for regulating legal marijuana in the state. This marks the second effort to put the will of the voters into effect: Last year, Gov. Paul LePage vetoed the original effort. Under the agreement, legal sales will be taxed at 17.5% and localities will have to opt-in to participate. Now the committee needs to actually draft the bill and get it to the governor.

Vermont Legislature Approves Noncommercial Marijuana Legalization Bill. The Senate Wednesday took a final vote on a bill that would legalize the possession and cultivation of small amounts of marijuana, but not taxed and regulated sales. Gov. Phil Scott has said he will sign the bill into law. The bill, House Bill 511, legalizes the possession of up to an ounce of marijuana and the cultivation of two mature and four immature plants by persons 21 or over. It does not allow for legal commerce, instead "retaining criminal penalties for the possession, dispensing, or sale of larger amounts of marijuana." For now, anyway -- the bill also calls for a task force appointed by the governor to study the issue and recommend "legislation on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market" by December 31.

Medical Marijuana

Ohio Lawsuit Challenges "Racial Quota" in Medical Marijuana Program. A company that failed to win a slot in the state's medical marijuana program has filed a lawsuit claiming it lost out because of "an unconstitutional racial quota." PharmaCann Ohio Inc. said it finished 12th out of more than a hundred applicants for 12 cultivation licenses on the state's application ranking system, but that it lost out because a state quota system requires 15% of those licenses to go to minority-owned groups. That requirement gave an unfair boost to companies that scored lower in the rankings, the company argued, saying the racial requirement violates the Constitution's 14th Amendment equal protection clause.

Harm Reduction

Florida 911 Good Samaritan Overdose Bill Advances. The Senate Criminal Justice Committee voted Tuesday to advance a 911 Good Samaritan overdose bill, Senate Bill 970. The measure would grant immunity to drug possession charges to people who seek medical help for a drug overdose. Florida is one of only a handful of states that have yet to pass such a law. The measure still faces a vote in the Judiciary Committee before moving to a Senate floor vote.

Sentencing

State and Federal Prison Populations Declined for Third Straight Year in 2016. The number of state and federal prisoners declined for the third straight year in 2016, the Bureau of Justice Statistics reported Wednesday. At year's end 2016, the number of people in state and federal prison was 1,505,400, a 1% decrease from 2015. Federal prisons accounted for more than a third (34%) of the decrease, with the federal prison population dropping from 196,500 in 2015 to 189,200 in 2016. Nearly half (47%) of all federal prisoners are doing time for drug offenses.

Chronicle AM: Trump Touts "Very Harsh" Drug Policies, CA Marijuana "Sanctuary State" Bill, More... (1/8/17)

A California lawmaker revives his marijuana sanctuary state bill, President Trump lauds "very harsh" drug policies, Mexico's prohibition-related violence continues, and more.

President Trump seems to have a soft spot for "very harsh" drug policies and those who implement them. (Wikimedia/Gage Skidmore)
Marijuana Policy

San Francisco Begins Legal Adult Marijuana Sales. The city by the bay joined the legal recreational marijuana sales era last Saturday, as the Apothecarium on Market Street opened its doors to a line around the block. Sales in the state began on January 1 in locations where permits and licenses had been issued, but San Francisco wasn't quite ready on day one. Now it is.

California Bill Would Make State a Marijuana Sanctuary State. In the wake of US Attorney Jeff Sessions' announcement last week that he was rescinding Obama-era guidance to federal prosecutors to leave state law-abiding pot businesses alone, Assemblyman Reggie Jones-Sawyer (D-Los Angeles) is renewing efforts to pass a bill he filed last year, Assembly Bill 1578. Modeled on the state's law making it a sanctuary for undocumented immigrants, the measure would prevent state and local law enforcement agencies from helping the DEA target the state's marijuana industry without a federal court order. The bill passed the Assembly last year before being stalled in the Senate.

Medical Marijuana

Pennsylvania Okays First Dispensary. State regulators announced last Thursday that they had approved the state's first dispensary to begin selling medical marijuana once it becomes available from a licensed grow. The Keystone Canna Remedies dispensary in Bethlehem was the first out of the gate. The dispensary will open later this month for educational workshops and registration assistance, but doesn't expect to have product on hand until mid-February. Regulators said they expected more dispensaries to open in coming weeks.

Heroin and Prescription Opioids

Ohio Lawmaker Wants to Automatically Jail Parolees, Probationers Who Fail Drug Tests for Illicit Opioids. State Rep. Niraj Antani (R-Miami Valley) has proposed a bill that would automatically jail probationers or parolees who test positive for heroin, fentanyl, or carfentanil. The bill would also allow an option for treatment, but Antani said there are not enough treatment facilities and "until that time, jail is simply the safest place for someone to detox and to be safely placed if they are using heroin and fentanyl." The bill is not yet available on the legislative website, but some of Antani's other bills are, including one that says police body camera footage is not a public record and another that would toughen the requirements for getting initiatives on the ballot and for passing them.

Collateral Consequences

Indiana Bill Would End Food Stamp Ban for Drug Felons. State Sen. Mike Bohacek (R-Michiana Shores) has filed Senate Bill 11, which would lift a ban on residents with drug felony convictions from receiving Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). The ban derives from a federal law, but that law allows states to exempt themselves from using it, and a majority of states have done so. Under Bohacek's bill, drug felons who had completed probation or parole would be eligible.

Drug Policy

Trump Says Countries That Are "Very Harsh" on Drug Policy Do Better. Speaking at a Camp David press conference last Saturday, President Trump appeared to give a big thumbs up to drug war criminals such as Philippines President Rodrigo Duterte by saying countries that are "very harsh" on drug policy have fewer difficulties curbing the problem. His remarks came as he addressed the opioid crisis in the US. "We are going to do everything we can," said Trump. "It's a very difficult situation, difficult for many countries. Not so difficult for some, believe it or not, they take it very seriously, they're very harsh, those are the ones that have much less difficulty. But we are going to be working on that very, very hard this year, and I think we're going to make a big dent into the drug problem."

Harm Reduction

Maine's Tea Party Governor Blocks Easy Access to Overdose Reversal Drug. Gov. Paul LePage (R) continues to block new rules that would allow state residents to obtain the opioid overdose reversal drug naloxone (Narcan) without a prescription. The state Board of Pharmacy unanimously approved letting pharmacists dispense the lifesaving drug without a prescription in August, but ever since, the plan has been stalled, with the rules still at the governor's office pending review. LePage spokeswoman Julie Rabinowitz confirmed as much last Friday, but declined to offer any timeline or explanation regarding the delay. LePage vetoed a naloxone bill in 2016, only to be overridden by the legislature.

International

More Than 30 Killed in Mexico Drug Clashes. At least 32 people were killed in less than 24 hours late last week in the northern state of Chihuahua as rival drug gangs battled each other. The killings appear related to a dispute between La Linea, enforcers for the Juarez Cartel, and La Gente Neva, enforcers for the Sinaloa Cartel. At least seven were reported killing in Chihuahua City, with most of the others being killed in Ciudad Juarez. Among the dead were at least five women and children.

Drug War Issues

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