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Chronicle AM: Trump AG Open to States Setting Pot Policy, Federal Reentry Bill Filed, More... (4/10/19)

Trump's attorney general is down with letting states decide their own pot policies, New York City bans most pre-employment drug testing for marijuana, a federal bill to increase educational opportunities for prisoners gets filed, and more.

Hashish. At least one Arizona prosecutor claims this doesn't qualify as medical marijuana. (DEA.gov)
Marijuana Policy

Attorney General Barr Says States Rights Marijuana Bill Better Than Status Quo. In remarks before the Senate Appropriations Committee Wednesday, Attorney General William Barr said he would rather Congress pass a bill allowing states to legalize marijuana than continue with the status quo, where federal law conflicts with legalization in a number of states. Asked about the STATES Act, which would protect legal marijuana states from federal interference, Barr said he preferred marijuana prohibition, but acknowledged that was a losing proposition. "The situation that I think is intolerable and which I'm opposed to is the current situation we're in, and I would prefer one of two approaches rather than where we are," Barr said. "Personally, I would still favor one uniform federal rule against marijuana but, if there is not sufficient consensus to obtain that, then I think the way to go is to permit a more federal approach so states can make their own decisions within the framework of the federal law and so we're not just ignoring the enforcement of federal law."

New York City Council Bans Employers from Drug Testing for Marijuana. The city council on Tuesday passed a bill that would ban most public and private employers from requiring job candidates to undergo a pre-employment test for the presence of THC. There are exceptions for workers in construction, caregiving professions, and law enforcement. "We need to be creating more access points for employment, not fewer," Public Advocate Jumaane Williams said in a release. "It makes absolutely no sense that we're keeping people from finding jobs or advancing their careers because of marijuana use."

Medical Marijuana

Arizona Prosecutor Still Prosecuting Medical Marijuana Patients, ACLU Charges. The Maricopa County Attorney's Office under ardent marijuana foe Bill Montgomery is continuing to prosecute medical marijuana patients for extracts even as the legality of that move is being litigated before the state Supreme Court. The state law is unclear on whether extracts and hashish are covered, but such products are widely available in the state, and the ACLU wrote to Montgomery that he needs to quit prosecuting patients "for possessing cannabis products sold at state-licensed dispensaries."

Florida House Committee Approves Limits on THC Levels in Smokable Marijuana After Contentious Hearing. Despite the angry complaints of veterans, patients, and activists, the House Appropriations Committee voted 19-7 Tuesday to approve HB 7117, which would cap the amount of THC in smokable marijuana at 10%, far under the levels normally found in commercially available marijuana. The bill now heads for a House floor vote, but prospects for passage aren't good because the Senate has yet to see a companion bill and the session ends in less than two months.

Michigan's Unlicensed Dispensaries Can Stay Open for Now. Unlicensed dispensaries that were set to be shut down by March 31 can continue to operate as attorneys for the businesses meet with state regulators seek to reach an agreement that will allow the 50 shops to stay open. Regulators had planned to send out cease and desist letters at the beginning of this month, but a Court of Claims judge has blocked that action -- at least until another court hearing set for next Thursday.

Sentencing Reform

Bipartisan Federal Bill Would Boost Prisoner Reentry. Sen. Mike Lee (R-UT) and two Democratic colleagues, Brian Schatz of Hawaii and Dick Durbin of Illinois, unveiled a bill Tuesday aimed at boosting reentry prospects for newly released federal prisoners. The Restoring Education and Learning (REAL) Act would provide more educational opportunities for federal inmates, including access to college Pell Grants. "The REAL Act removes some federal impediments to allowing prisoners to participate in federal higher education funding, including the Pell Grants. This would allow for more federal inmates to have the opportunity to participate in these programs," Lee said. The REAL Act is endorsed by a number of stakeholder organizations including the NAACP Legal Defense and Educational Fund, the American Correctional Association and the Drug Policy Alliance.

Chronicle AM: NY Legal Pot Push Hits Bump, AZ Judge Rules for Fired Walmart MMJ-Using Worker, More... (3/21/19)

Southern California will see its first festival featuring legal pot sales and consumption this weekend, an Arizona federal judge slaps down Walmart for firing a medical marijuana patient without proving impairment at work, New York's governor acknowledges legalization isn't happening fast enough to be included in the budget, and more.

NY Gov. Andrew Cuomo (D) concedes that marijuana legalization isn't happening fast enough to make the budget. (Creative Commons)
Marijuana Policy

Southern California's First Festival with Legal Marijuana Sales and Consumption is This Weekend. The High Times Dope Cup High Desert festival set for the high desert town of Adelanto this weekend will be the first in Southern California where marijuana can be legally purchased and consumed. Pot smoking will be allowed in designated areas at the festival, and dozens of vendors will be selling weed to anyone 21 or over. The first Northern California festival allowing sales and consumption was Hempcon in San Francisco earlier this year.

New York Governor Drops Marijuana Legalization from Proposed State Budget. Gov. Andrew Cuomo (D) said Tuesday he was dropping his proposal to legalize marijuana from his proposed state budget. He said because he was unable to arrive at quick passage of a marijuana legalization bill he could no longer count on marijuana revenues in his budget forecast. Cuomo and legislative leaders said there is still a chance legalization could be passed after the budget is passed and before the June 19 end of the legislative session.

Medical Marijuana

Arizona Federal Judge Rules for Medical Marijuana-Using Walmart Worker. An Arizona federal district court judge has ruled that Walmart wrongfully fired a long-time employee who was a medical marijuana patient after a drug test returned positive results for marijuana because the company did not establish through expert evidence that she was impaired by marijuana at work. The court held that Walmart's action violated protections in the Arizona Medical Marijuana Act.

South Carolina Senate Panel Advances Medical Marijuana Bill. A subcommittee of the Senate Medical Affairs Committee has approved SB 366, the Compassionate Care Act, on a 5-1 vote. The vote came after the subcommittee accepted amendments aimed at easing law enforcement opposition to the bill, among them banning certain transportation workers from participating, working toward a better method of detecting marijuana-impaired driving, and tightening the definitiation of a debilitating condition. The bill now goes before the full committee before headed for a Senate floor vote.

Chronicle AM: NM Legal Pot Bill Advances, House Dems Slam Trump Drug Policies, More... (3/11/19)

Another Democratic presidential contender gets behind a federal marijuana legalization bill, pot legalization is moving in New Mexico but faces a ticking clock, the Florida smokable medical marijuana bill advances, and more.

The Land of Enchantment is on the verge of becoming even more enchanting. (Creative Commons)
Marijuana Policy

Reps. Tulsi Gabbard, Don Young File Bill to End Federal Pot Prohibition. Democratic presidential contender Rep. Tulsi Gabbard (D-HI) has partnered with Rep. Don Young (R-AK) to file a bill to remove marijuana from the list of federally controlled substances. The Ending Federal Marijuana Prohibition Act would leave marijuana policy to the states. The bipartisan pair of legislators also filed the Marijuana Data Collection Act, which would evaluate the effects of marijuana legalization in states that have already legalized it. Neither of the bills is yet available on the congressional website.

Hawaii House Approves Decriminalization Bill. The House last Thursday passed HB 1383, which would decriminalize the possession of up to three grams of weed. Under current state law, possession is a misdemeanor punishable by up to 30 days in jail. The bill would also expunge criminal convictions for people caught with less than three grams in the past. It now goes to the Senate.

New Mexico House Approves Legalization Bill. The House voted last Thursday to approve HB 356, which would legalize marijuana for adults and set up a system of taxed and regulated production and sales. The bill now heads to the Senate, where progress is possible but faces a ticking clock. The session ends on Thursday.

New Mexico Senate Committee Approves Legalization Bill. The Senate Judiciary Committee on Saturday approved SB 577, the companion bill to the legalization bill approved by the House. The bill must still get through two more committees and a floor vote by Thursday to pass because the session ends then.

Medical Marijuana

Florida Senate Approves Bill Allowing Smokable Medical Marijuana. The Senate last Thursday overwhelmingly approved SB 182, which would repeal the legislature's ban on smokable medical marijuana. The effort is being pushed by Gov. Ron DeSantis (R), who has vowed to act if the legislature fails to. The measure now goes to the House, which must approve it by Friday or DeSantis will drop the state's appeal of a lower court ruling ending the ban.

Drug Policy

House Democrats Blast Trump Administration's Lack of National Drug Control Strategy. Democrats on the House Oversight and Government Reform Committee blasted the Trump administration for failing to release a drug control strategy in either 2017 or 2018, even as the nation battled the opioid crisis. "It is absolutely inexcusable that the administration did not bother to issue a National Drug Control Strategy during the first two years that he was in office," said Rep. Carolyn Maloney (D-NY). "More than 70,000 Americans have died from drug overdoses in 2017 alone," she said. "As many as 140,000 Americans have died from overdoses in the first two years of the Trump administration."

Drug Testing

Alabama Bill Would Require Drug Testing for Food Stamps. Rep. James Haynes (R-District 23) has filed HB 3, which would require applicants for food stamps to be screened for possible drug use and subjected to pre-approval drug testing if there is a "reasonable suspicion that the person uses or is under the influence of a drug." That reasonable suspicion would include having a drug conviction within the previous five years. A first failed test would result in a warning a re-test. A failed second test would result in temporary ineligibility for food stamps. A third failed drug test would result in permanent ineligibility. The bill is currently before the House Judiciary Committee.

International

Colombia's Rightist President Wants to Return to Aerial Spraying of Coca Crops. President Ivan Duque has asked the country's Constitutional Court to ease restrictions on spraying coca crops with glyphosate, a weed killer that has been linked to cancer. Former President Juan Manuel Santos banned the use of glyphosate to destroy illegal crops after the World Health Organization classified it as a likely carcinogen. But Duque says that expanding coca production has consequences to significant for the country for the government to limit the tools it has available to fight the crop.

(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: Hemp Moving in Red States, NJ to Expand Needle Exchange Programs, More... (2/13/19)

Hemp is hopping in the heartland, the effort to undo Florida's ban on smokable medical marijuana advances, New York City ponders barring pre-employment drug tests for marijuana, and more.

It's starting to feel like it'll be hemp fields from sea to shining sea. (VoteHemp.org)
Marijuana Policy

New York City Bill Would Ban Pre-Employment Marijuana Drug Testing. Councilman Jumaane Williams filed a bill Wednesday that would bar employers from testing job applicants for marijuana as a condition of employment. The bill is part of a broader package of marijuana reform legislation before the city council. "As we’re jettisoning toward legalization, it doesn't make sense that this would be something that would prevent someone from getting gainful employment," Williams said. "If you ingest weed in whatever manner a month ago, I'm not sure how that prevents you from doing your job now," he added.

Medical Marijuana

Florida Legislature Advances Plan to Allow Smokable Medical Marijuana. Committees in both the House and the Senate approved bills that would allow patients to smoke their marijuana, although the House plan would limit it to pre-rolled joints with filters. A less restrictive Senate bill to allow smoking, SB 182, passed out of the Innovation, Industry, and Technology Committee Tuesday. Movement on the bills suggests lawmakers could pass the legislation before a March 15 deadline set by Gov. Ron DeSantis (R).

Kentucky Senate Sees Medical Marijuana Bill Filed. State Sen. Stephen West (R-Paris) has filed SB 170 to legalize medical marijuana in the state. Companion legislation, HB 136, was introduced last month.

Hemp

Mississippi Hemp Bill Advances. An effort to legalize industrial hemp cultivation in the state got a big boost Tuesday when Rep. Dana Criswell (R-Olive Branch successfully offered an amendment to bill modifying the state's drug schedules, HB 1547, to include allowing hemp cultivation. The bill now heads for a House floor vote.

Nebraska Moving to Legalize Hemp Production. Lawmakers and state agency officials are working together to craft an industrial hemp bill. A hearing was held Tuesday on LB 657, which solons and farmers touted as a means of helping diversifying crops. The Agriculture Department testified that it supported legalizing hemp production but was concerned about proper regulations.

Harm Reduction

New Jersey to Expand Needle Exchange Programs. State Department of Health Commissioner Dr. Shereef Elnahal said this week that the state will enhance services at seven existing needle exchange programs and open new ones in the months to come. The plan is part of a broader effort to address opioid addiction and its side effects. 

Chronicle AM: Denver Psilocbyin Init Will Go to Voters, White House Issues Drug Strategy, More... (2/4/19)

The White House belatedly released the National Drug Control Strategy, a Denver magic mushroom initiative has qualified for the May ballot, Northeastern marijuana legalizers are busy, and more.

Denver will vote on removing criminal penalties for psychedelic mushrooms. (Greenoid/Flickr)
Marijuana Policy

World Health Organization Urges Removal of Marijuana from Drug Treaties. The World Health Organization (WHO) last Friday published a letter to the United Nations advising that marijuana and cannabis resin should no longer be considered controlled substances under international drug treaties. WHO specifically asked that the substances be moved out of Schedule IV of the Single Convention on Narcotic Drugs, which includes drugs thought to have no therapeutic value.

Cory Booker Enters Presidential Race With Call for Marijuana Legalization, Criminal Justice Reform. Sen. Cory Booker (D-NJ) formally entered the race for the Democratic presidential nomination last Friday and called for marijuana legalization and broader criminal justice reforms. There is a need for "changing our drug laws," including "ending the prohibition against marijuana," he said. "We do not have equal justice under the law," Booker said of the disproportionate rate at which black people are incarcerated under the country's drug laws. I believe in redemption."

New York Governor Wants Marijuana Legalized by April 1. Gov. Andrew Cuomo (D) said last Friday he wanted to see marijuana legalized by the state budget deadline of April 1. His remarks came after Assembly Speaker Carl Heastie said that lawmakers might have to wait until after the budget to take up legalization. But Cuomo said Friday he isn't giving up on his timetable and that a lot can happen in the legislature in six weeks.

Pennsylvania Legalization Bill Coming. Rep. Jake Wheatley (D-Allegheny County) will file a legalization bill that expunges criminal records for past pot convictions, releases inmates currently serving time for such offenses, and allows people 21 and over to use, buy, and grow marijuana.

Vermont Attorney General Supports Legalizing Pot Sales. Vermont became the first state to legalize marijuana legislatively last year but did not legalize marijuana commerce. Now, there's an effort underway to do so with SB 54, and Attorney General TJ Donovan supports it. "We have to have a regulated market," he said last Thursday. "This is common sense." The bill is currently before the Senate Judiciary Committee.

Medical Marijuana

Wyoming Medical Marijuana Bill Filed. Republican House Majority Leader Eric Barlow has filed a bill to legalize medical marijuana, HB 278. The bill would create a strictly regulated system for the use and distribution of medical marijuana in the state.

Psychedelics

Denver Will Vote on Magic Mushroom Initiative in May. City officials announced last Friday that the Decriminalize Denver initiative to make adult use and possession the lowest law enforcement priority and bar the city from using its resources to arrest and prosecute people for the hallucinogenic fungi has qualified for the ballot and will go before voters in the May municipal election. This marks the first time any jurisdiction in the US will have voted on decriminalizing psychedelics.

Drug Policy

Trump Administration Unveils National Drug Control Strategy. The White House last Thursday released its long-awaited National Drug Control Strategy, which typically is released annually, but which the Trump administration failed to do last year. The document contains little new policy but instead emphasizes existing Trump priorities: reducing drug supply through stricter law enforcement, lowering first-time opioid prescription rates, and expanding access to addiction treatment. Despite its emphasis on supply reduction, it acknowledges the risk of reducing access for chronic pain patients. Although it talks about drugs coming across the Mexican border, the strategy does not contain the words "border wall."

Drug Testing

North Dakota School Board and Employee Drug Testing Bills Die. A pair of bills that would have mandated random, suspicionless drug tests for school employees and school board members have been killed in the Senate. SB 2310 was aimed at school employees, while SB 2337 was aimed at board members.

Sentencing

Mississippi Bill Targets People Who Provide Drugs in Fatal Overdoses. After a conviction for "depraved heart" murder in the case of a fatal overdose was overturned on appeal, state legislators have filed HB 867, which would allow sentences of 20 years to life without parole for people charged with selling drugs that result in the deaths of others. The bill would also increase penalties for the sale of heroin or fentanyl. The bill passed out of the House Judiciary Committee last week and is now headed for the House floor.

(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: NM Drug Defelonization Bill Filed, Egypt to Hang Drug Smugglers, More... (1/31/19)

Illinois police chiefs don't want home marijuana cultivation, legislators in the Dakotas in drug test legislating frenzy, Egypt is set to begin executing drug smugglers, and more.

New Mexico legislators cite prison overcrowding as a reason to defelonize drug possession. (supremecourt. us)
Marijuana Policy

Illinois Police Chiefs Say No Home Cultivation. The Illinois Association of Chiefs of Police said Monday their top priority regarding marijuana legalization is to ensure that it does not allow for personal home cultivation. “It’s dangerous and we’re not trying to be alarmist. It’s just what’s happened in other states,” said Director Ed Wojcicki. “If the bill has home-grown, it’ll make any type of regulation impossible,” said Wojcicki. The legislation being drafted this year does include home cultivation.

Drug Testing

North Dakota Senate Committee Holds Hearing on School Employee Drug Testing Bills. The Senate Human Services Committee held a hearing Tuesday on a bill that would require random, suspicionless drug testing of school board members and school employees. Critics said SB 2337 was unconstitutional, but bill sponsor Sen. David Clemens (R-West Fargo) said it was meant as a “safeguard to eliminate drugs from our schools.” The committee took no action on the bill.

South Dakota Senate Committee Advances Bill to Drug Test Legislators. The Senate Judiciary Committee voted 4-1 Thursday to advance SB 104, which would impose random drug testing on legislators. The bill would require that between three and 10 legislators be subjected to random drug tests each week the legislature is in session.

Sentencing

New Mexico Bill Would Defelonize Drug Possession. Sen. Jacob Candelaria of Albuquerque and Rep. Andrea Romero of Santa Fe, both Democrats, have filed a bill that makes possession of all drugs without intent to distribute a misdemeanor instead of a felony. SB 408 and its House counterpart are aimed at not burdening drug users with felony records. “A felony conviction leads to what we call ‘civil death,’ ” he said. “You are ostracized from the community; you have a difficult time accessing any services, any public support, including public housing; the doors to higher education are shut closed to you almost forever,” he added.

International

Egypt's Cabinet Approves Bill to Execute Drug Smugglers. The cabinet on Wednesday approved a bill that mandates the death penalty for those who "import or export synthetic substances that cause harm to the body, mind or the nervous system." Under current law, such offenses are punishable by up to life in prison. Under the new law, even simple drug possession would lead to a one-year mandatory minimum prison sentence.

Philippines House Approves Medical Marijuana. The House of Representatives approved the Philippine Compassionate Medical Cannabis Act on Tuesday. Under the bill, medical marijuana would only be available at Department of Health hospitals and private hospitals licensed for medical marijuana purposes. The bill does not allow the use of marijuana in its raw form.  

Chronicle AM: Trump Repeats Border Wall Drug Falsehoods, Malaysia Drug Policy Shift, More... (1/21/19)

The president is still misstating the impact of a border wall on drug smuggling, New York police chiefs oppose pot legalization, Malaysia to shift drug policies, and more.

Not overly troubled by facts when it comes to the border. (Gage Skidmore/Creative Commons)
Marijuana Policy

New York Police Chiefs Come Out Against Legalization. In a statement Friday, the New York State Association of Chiefs of Police formally came out against marijuana legalization. "As Police Officers, we are sworn to enforce Federal, State, and Municipal laws and to protect the public,” they wrote. “Marijuana is illegal under Federal law and is classified as a 'Schedule 1 drug which means that the federal government views cannabis as highly addictive with no medical value." They also cited health and traffic safety issues.

Medical Marijuana

Arizona Bill Would Clarify That Hash is Medical Marijuana. Rep. Tony Rivero (R-Peoria) has introduced HB 2149 to remove a provision of the state's criminal code that treats hashish differently than marijuana. The bill is in response to a state appeals court ruling that hashish is not considered to be medical marijuana under state law. That issue is currently before the state Supreme Court, but Rivero's bill would settle the matter once and for all.

Hemp

Federal Shutdown is Hurting Would-Be Hemp Farmers. In a statement released Friday, Sens. Jon Tester (D-MT) and Michael Bennett (D-CO) warned that the government shutdown has stalled the implementation of the recently passed farm bill, which legalized hemp cultivation nationwide. They called on the Bureau of Reclamation to update its water rights policies to reflect hemp legalization and ensure hemp farmers have access to water. The failure to act because of the shutdown has “hindered research, created economic hardships for the affected producers, and led to uncertainty across the West," they wrote.

Drug Testing

Alabama Bill Would Impose Drug Testing on Some Food Stamp Applicants. Rep, Tommy Hanes (R-Bryant) has filed HB 3, which would require drug testing of applicants for the Supplemental Nutritional Assistance Program (SNAP—food stamps) if there is “reasonable suspicion” the applicant is under the influence of drugs. That would include having had a drug conviction within the previous five years. A first positive test would result in a warning; a second in a denial of benefits. The bill has its critics: “For the state to pay to drug test that many people would be prohibitively expensive and be a real waste of state dollars and a real waste of taxpayer dollars, looking for an occasional recipient who does drugs,” said Carol Gundlach, a policy analyst with Alabama Arise, which works on poverty issues.

The Border

Trump Repeats Border Wall Drug Falsehoods. In his address Saturday on the need for a border wall, President Trump repeated demonstrable falsehoods about the impact it would have on drug smuggling, drug use, and crime. "We can stop heroin," he claimed. "If we build a powerful and fully designed see-through steel barrier on our southern border, the crime rate and drug problem in our country would be quickly and greatly reduced. Some say it could be cut in half." But the DEA has reported that “only a small percentage” of heroin seized by authorities is captured between ports of entry and most is found in vehicles coming through ports of entry. And the Centers for Disease Control and Prevention has reported that about 40% of opioid overdose deaths in 2016 involved prescription pain pills.

International

Malaysia to Focus on Health, Not Criminality, in New Drug Policy. The cabinet task force charged with addressing the nations' drug problems met last Thursday and has decided that the country's drug law needs to be reviewed and the drug use should be viewed primarily as a health issue. "Enforcement shouldn't hinge on trafficking of drugs and shouldn't rely on punishing those who are using the drugs," said Liew Vui Keong, a Minister in the Prime Minister's Department. Reliance on the criminal approach has been ineffective and expensive and endangered the health of addicts, he said.

Chronicle AM: US Virgin Island Approves MMJ, Portugal Parliament Debates Legal Pot, More... (1/18/19)

The Portuguese take up marijuana legalization, the US Virgins Island becomes a medical marijuana entity, an Indiana lawmaker wants to mandate statewide random drug testing of high school athletes, and more.

Portuguese parliamentarians in Lisbon debated marijuana legalization on Thursday. (Creative Commons)
Medical Marijuana

Washington State Bill Would Allow Medical Marijuana Use in Schools. Rep. Brian Blake (D-Aberdeen) has filed HB 1060, which would make it legal for students to use medical marijuana on school campuses. Under the bill, schools would be able to decide whether to allow the use.

Virgin Islands Governor Signs Medical Marijuana Bill into Law. US Virgin Islands Gov. Albert Bryan Jr. signed the Medical Cannabis Patient Care Act into law Tuesday, making the territory the latest U.S. jurisdiction to adopt an effective medical marijuana law. The bill, sponsored by Sen. Positive T.A. Nelson, received final approval from the Legislature on December 28.

Asset Forfeiture

New Jersey Assembly Committee Holds Informational Hearing on Civil Asset Forfeiture Reform. The Assembly Law and Public Safety Committee held an informational hearing on civil asset forfeiture laws in the state Thursday. The move is part of preparations for an effort to reform or end civil asset forfeiture in the state.

Drug Testing

Indiana Lawmaker Wants to Mandate High School Athlete Drug Testing Statewide. State Sen. Jean Leising has introduced a bill, SB 147, that would mandate random drug tests for high school athletes statewide. "If you want to play on your school's athletic team, you have to be willing to take a drug test,” she said. But the Indiana High School Athletic Association doesn't think the bill is necessary."I think our member schools are doing a pretty good job enforcing their substance abuse policies that they've already authored themselves," said association commissioner Bobby Cox."I don't know that adding this type of an expense and mandating this on our high schools is the answer that's going to detour young people from participating in things they shouldn't be doing."

International

Portugal Parliament Debates Competing Marijuana Legalization Bills. Members of parliament on Thursday debated two separate bills that would legalize marijuana. One bill is sponsored by the Left Bloc, while the other is sponsored by the People-Animals-Nature (PAN) Party. Votes on the bills could come as early as today, but it's not clear that they would pass. The Socialists have said they will abstain, while the Communists, the People's Party, and the Social Democrats reportedly oppose the move.

Chronicle AM: AZ Groups Want Needle Exchange, DE Judge Rules for Fired MedMJ User, More... (12/24/18)

A Delaware judge says a medical marijuana user fired for failing a drug test can sue his former employer, Arizona public health advocates want the governor to approve needle exchanges, and more.

Marijuana Policy

Incoming House Rules Committee Chairman Becomes Cosponsor of Marijuana Justice Act. What a difference an election makes! Outgoing House Rules Committee Chair Pete Sessions (R-TX) reliably blocked any marijuana reform legislation, but things are going to be different under incoming Chair Jim McGovern (D-MA). McGovern has already said he is "not going to block marijuana amendments like my predecessor has done," and now he has just signed on as a cosponsor of the Marijuana Justice Act (HR 4815).

Indiana Governor Not Down With Marijuana Legalization. Gov. Eric Holcomb (R) has made it clear he will oppose any legislative moves to legalize marijuana. "I'm just not willing to look at that, especially since it is illegal right now according to the federal government," Holcomb said.

South Dakota Marijuana Legalization Initiative Filed. Attorney General Marty Jackley (R) has filed a statement on the language of an initiative to legalize marijuana, the first step in the process of getting the measure on the ballot. According to the attorney general's statement, the measure would allow anyone 21 and over to grow, possess, use, and sell marijuana. Localities would be barred from taxing or regulating marijuana businesses. And, the attorney general says, "it forbids prosecutions for driving under the influence of ingested marijuana," but the language of the initiative only bars prosecution for "consumed cannabis metabolites."

Medical Marijuana

Delaware Judge Rules Fired Medical Marijuana User Can Sue Former Employer. A factory worker fired from his job after failing a drug test can sue his former employer, Superior Court Judge Noel Primos ruled on Monday. Jeremiah Chance claims his firing violated the anti-discrimination provision of the state's medical marijuana law and that he was targeted for retaliation after pointing out safety issues with railroad ties manufactured by the Kraft Heinze plant in Dover. The company had argued that the anti-discrimination clause was preempted by the federal Controlled Substances Act, but the judge disagreed. The law does "not require employers to participate in an illegal activity... but instead merely prohibits them from discriminating based upon medical marijuana use," Primos wrote.

Oregon to Allow Medical Marijuana Deliveries in Areas That Ban Dispensaries. State regulators have approved medical marijuana deliveries in areas where dispensaries are banned effective December 28. The rules were approved last week after patient advocates voiced concern about rules that limited access to medical marijuana.

Drug Testing

Utah Bill Would Criminalize Using Fake Urine to Pass Drug Tests. Under a bill already approved by an interim legislative committee, it would be "a criminal offense to distribute, possess, or sell an adulterant or synthetic urine;" or "to defraud an alcohol or drug test using an adulterant, bodily fluid of another person, or bodily fluid expelled or withdrawn before collection for the test." The measure would make violations a misdemeanor.

Harm Reduction

Arizona Public Health Advocates Urge Governor to Legalize Needle Exchange Programs. In a letter delivered last week to Gov. Doug Ducey (R), more than 30 organizations involved in public health and addiction recovery called on him move to legalize the proven harm reduction intervention. "Arizona has fallen behind in its response to this national crisis, states like North Carolina, Indiana, and Kentucky have all implemented syringe service legislation and are seeing the benefits in their communities," the letter says. "Too many lives are on the line to continue with the status quo."

Chronicle AM: AK OKs Pot Social Clubs, Vancouver Ponders "Safe Supply" of Hard Drugs, More... (12/21/18)

Vancouver ponders another cutting-edge drug policy move, Alaska okays on-site pot consumption space rules, the president signs the farm bill legalizing hemp, and more.

From Amsterdam to Alaska? Dutch-style on-site consumption spaces win approval in Juneau. (Creative Commons)
Marijuana Policy

Alaska Approves Rules for On-Site Marijuana Consumption. The state's Marijuana Control Board on Thursday approved rules for businesses that want to offer on-site consumption of pot products. Now, businesses that want in will have to apply for a special onsite use endorsement and come up with plans for meeting ventilation and other standards for on-site use. This makes Alaska the first state to develop a regulatory framework for on-site use at the state level.

Medical Marijuana

FDA Begins Process of Allowing Hemp-Based CBD Products. After President Trump signed the 2018 farm bill into law Thursday, the Food and Drug Administration (FDA) issued a press release pledging to pursue means of allowing businesses to legally market products containing hemp or non-psychoactive cannabinoids, such as CBD. FDA also asserted its right to regulate such products. "In view of the proliferation of products containing cannabis or cannabis-derived substances, the FDA will advance new steps to better define our public health obligations in this area," FDA Commissioner Scott Gottlieb said. "We'll also continue to closely scrutinize products that could pose risks to consumers."

Industrial Hemp

Trump Signs Farm Bill, Final Step to Making Hemp Legal. President Trump signed the 2018 farm bill into law Thursday, the final step in the legalization of hemp. The hemp provision of the farm bill, championed by Senate Majority Leader Mitch McConnell (R-KY), received bipartisan support and now ends a ban going back more than seven decades.

Drug Testing

Federal Appeals Court Upholds Florida School District's Suspicionless Drug Testing of Substitute Teachers. A three-judge panel of the 11th US Circuit Court of Appeals has rejected a constitutional challenge to the Palm Beach County School Board's policy requiring substitute teachers to undergo suspicionless drug testing. Federal courts have generally held drug testing to be a search under the Fourth Amendment and barred drug testing by government entities, but have carved out exceptions for students, people involved in safety-sensitive positions, and law enforcement personnel. Although this case doesn't appear to fall into any of those categories, the appeals court nonetheless ruled in the district's favor. "We think that the School Board has a sufficiently compelling interest in screening its prospective teachers to justify this invasion of the privacy rights of job applicants, and thus conclude that the School Board has not violated the constitutional mandate barring unreasonable searches and seizures," said the 54-page opinion, written by Judge Stanley Marcus and joined by Chief Judge Ed Carnes and Judge David Ebel. "As we see it, ensuring the safety of millions of schoolchildren in the mandatory supervision and care of the state, and ensuring and impressing a drug-free environment in our classrooms, are compelling concerns."

International

Vancouver Looks to Pioneer "Safe Supply" for Hard Drug Users. The city council met Thursday to discuss the Mayor's Overdose Emergency Task Force report and how and whether to implement its 23 specific recommendations for action. One key recommendation is to find a location in or near the epicenter of the city's Downtown Eastside hard drug scene for "a clinical space where we could evaluate and enroll people" for a "low-barrier dispersal program for pharmaceutical opioids." Supporters are using the phrase "safe supply" to describe the concept aimed at reducing skyrocketing overdose deaths linked to illicit fentanyl.

Drug War Issues

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