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Chronicle AM: OK Medical Marijuana Muddle, Toronto Health Board Says Decriminalize, More... (7/17/18)

The uproar in Oklahoma grows louder after the state health board messes with the medical marijuana initiative, Toronto's health board endorses drug decriminalization, and more.

A battle is brewing in Oklahoma after the state health board messes with the voter-approved medical marijuana initiative. (DPA)
Medical Marijuana

Oklahoma Pressure Mounts for Special Session on Medical Marijuana. Amid growing outrage over the Board of Health's imposition of restrictive and controversial changes to State Question 788, approved last month by voters, legislators and others are demanding Gov. Mary Fallin (R) call a special session of the legislature to ensure the will of the voters is upheld. Among other changes, the Board banned the sale of smokable marijuana and required pharmacists to be present at dispensaries. "This is not what the voters voted for," said state Rep. Jason Lowe (D-Oklahoma City). "We must adhere to the will of the people. The governor's signing of the emergency rules adopted by the Oklahoma State Health Department is an affront to democracy, an insult to the law-abiding citizens that showed up to vote for this initiative."

Drug Testing

Massachusetts High Court Holds Judges Can Require Drug Users to Remain Drug-Free. The state's Supreme Judicial Court ruled Monday that a judge can require a drug user to stay drug-free as a condition of probation. The case involved Julie Eldred, who was on probation for a larceny charge when she was jailed for failing a drug test. Her attorney argued that her relapse was a symptom of her disease of addiction and that it was unconstitutional to punish someone for a medical condition. But the court disagreed: "In appropriate circumstances, a judge may order a defendant who is addicted to drugs to remain drug-free as a condition of probation, and that a defendant may be found to be in violation of his or her probation by subsequently testing positive for an illegal drug."

International

Toronto Public Health Board Calls for Drug Decriminalization. The health board in Canada's largest city has called on the federal government to decriminalize all drugs. The board voted unanimously Monday to endorse the recommendation from the city's top health officer, Dr. Eileen de Villa. "The potential harms associated with any of these drugs is worsened when people are pushed into a position where they have to produce, obtain and consume those drugs illegally, so that's what we're trying to address," de Villa said, with a call for a "public health approach" focused on treatment and harm minimization rather police, courts and jail. Officials in Vancouver have also called for drug decriminalization, but the federal government of Prime Minister Justin Trudeau hasn't shown any appetite for it.

Chronicle AM: CA Legal Pot Draft Rules Unveiled, Opioid Crackdown Hurts Pain Patients, More... (7/16/18)

California regulators issue proposed draft regulations for the legal marijuana market, British police are "in effect" decriminalizing marijuana, the opioid crackdown is impacting chronic pain patients, and more.

Marijuana Policy

California Legal Marijuana Draft Regulations Unveiled. State regulators last Friday unveiled their much-anticipated draft of permanent regulations for the state's legal marijuana industry. Under the proposed regulations, pot shops would be able to deliver marijuana anywhere in the state, medical marijuana patients will likely be able to buy edibles more potent than currently permitted, but rules for advertising products could become more strict. The public now has 45 days to weigh in on the draft rules, either in writing or at one of 10 hearings to be held throughout the state.

Heroin and Prescription Opioids

Crackdown on Opioid Prescriptions Risks Leaving Pain Patients Out of Luck. With the country in the midst of a battle against opioid addiction and overdoses, policies to curtail the use of opioids are impacting chronic pain patients and making their lives more difficult. New prescribing guidelines from the Centers for Disease Control, new state laws, state medical board sanctions, and policy changes by managed-care and prescription plans have all contributed to what pain patients call "changes have ignored the treatment of their pain and have made it harder for many to find care."

Drug Testing

Minnesota Appeals Court Rules That People With Drug Convictions Can't Be Subjected to Drug Tests Forever to Receive Welfare Benefits. The state Court of Appeals ruled Monday that people with previous drug convictions cannot be permanently required to undergo drug testing as a condition of receiving welfare benefits. The ruling came in the case of a woman convicted of drug possession in 1997 who refused to take a drug test in 2016 and lost her benefits. Under a 1997 state law, people convicted of drug offenses are ineligible for benefits for five years after their sentences are over (unless they've completed drug treatment) and are subject to random drug tests in perpetuity. "Granting effect to the [Department of Human Services'] current interpretation of the statute would require persons receiving MSA or general-assistance benefits to undergo chemical testing indefinitely, even if decades have passed since the completion of a court-ordered sentence," Judge Roger Klaphake wrote on his opinion overturning a denial of benefits to the woman. "Those who, like appellant, have long since completed their court-ordered sentences and five-year period of ineligibility are not ''[p]ersons subject to the limitations of this subdivision' and are not required to undergo chemical testing for receipt of benefits under chapter 256D," he wrote on behalf of a divided three-judge panel.

International

Brazil Marijuana Legalization Bill Filed. The opposition Workers' /Party has filed a bill that would legalize marijuana in South America's largest and most populous country. The move comes a year after Supreme Court Justice Roberto Barroso called on lawmakers to legalize marijuana as a means of reducing gang violence. But given that the Workers' Party is the minority, this bill is unlikely to move this year.

British Police "In Effect" Decriminalizing Marijuana. British police are effectively decriminalizing marijuana by not bothering to arrest pot smokers, British arrest statistics show. Marijuana arrests have dropped 19% since 2015 and so have warnings, which declined 34% in the same period. "The fall in prosecutions and cautions for cannabis possession is a welcome trend and a victory for common sense," said Liberal Democrat MP David Lamb. "The 'war on cannabis' unfairly stigmatizes and criminalizes young people who are doing no harm to others, while tying up police resources which should be better used tackling harmful crimes. However, this issue should not be left to individual police forces. We cannot tolerate a postcode lottery where cannabis users may or may not be prosecuted depending on where they live. The government must bring forward proposals for a regulated cannabis market in the interests of public health, with strict controls on price and potency, and give parliament a free vote."

In Drug Case, Supreme Court Holds That Unauthorized Rental Car Drivers Have Rights, Too

Criminal Court & Legal Affair Investigative Journalist Clarence Walker can be reached at [email protected].

The US Supreme Court recently annulled a major search and seizure case around a rental car filled with heroin with a ruling that could impact the legal rights of Americans who may get stopped by police while driving a vehicle rented by another person. That case is U.S. v. Terence Byrd (#16-1371).

The Fourth Amendment applies even to unauthorized rental car drivers, the Supreme Court rules.
On May 14, Supreme Court Justices released their decision in Byrd's case, announcing when the Fourth Amendment was applied to the evidence in the case that Terence Byrd had "reasonable expectation of privacy while driving a car rented by another party."

Pennsylvania state troopers had arrested Byrd with a large cache of heroin in a car rented by his girlfriend. Police told Byrd he had no right to refuse to consent to a search because Byrd's name was not on the rental agreement. Byrd copped to ten years in federal prison when a district court ruled earlier that Byrd had no expectations of privacy while driving an unauthorized rental car.

The thorny issues the justices had to untangle was whether a second party driver of a rental car like Byrd could legally refuse a police request to search the rental vehicle unless police had a warrant or probable cause, and further whether Byrd was still entitled to protection the under Fourth Amendment. In a unanimous decision, the justices rejected the government's argument that Byrd had no expectation of privacy because he wasn't listed as a second party driver.

"People who borrow rental cars from friends or family are legally entitled to the same protection against police searches as the authorized driver," wrote Justice Anthony Kennedy in the majority opinion. "There may be countless innocuous reasons why an authorized driver might get behind the wheel of a rental car and drive it."

Justice Anthony Kennedy wrote the majority opinion. (USSC)
White House Solicitor General Noel J. Francisco had urged the justices to hold Mr. Byrd to the terms of the rental agreement. "It is common knowledge that car rentals are a personal transaction that does not make the car available for general enjoyment and that the straw man car rentals disserve society by frustrating law enforcement efforts to prevent smuggling and other crimes," he argued.

What is unusual about the Supreme Court ruling in this case is the fact the high court affirmed the defendant's conviction but the justices sent back to the lower appellate court to address important issues as it relates to whether the defendant was entitled to expectation of privacy and not be subjected to "unreasonable search and seizures."

Here are the remanded issues the appeals court, the 3rd Circuit Court of Appeals in Philadelphia, must now consider

(1) Whether an individual "who intentionally uses a third party to obtain a rental car by a fraudulent scheme for the purpose of committing a crime lacks a reasonable expectation of privacy in the rental car driven by the defendant."

(2) Whether the officers had probable cause to search the rental car, and whether these or other issues warrant further remand to the District Court or such issues should be addressed by the court in the first instance.

(3) And if police had any other probable cause to stop Byrd other than the original traffic stop.

New York criminal defense attorney Robert M. Loeb, who argued Byrd's case before the high court, told Drug War Chronicle, "Now we must revisit the same issues that the District Court and the Third Circuit have already decided in favor of the government," he explained. "If the lower court reiterates that officers had probable cause to stop and search the car and seize the drugs under their probable cause theory," Byrd stays in prison," because then the Fourth Amendment doesn't protect him," Loeb explained.

David Rudovsky, a Penn State Professor and search and seizure expert, told the Chronicle, "As the court stated, there is no bright-line rule for second drivers; my view is that long as the driver is not a thief or carjacker, there is a good claim to an expectation of privacy."

The ACLU and the National Criminal Defense Lawyer Association filed a friend brief in Byrd's case, claiming the Supreme court's ruling would likely have an outsized effect on black and Hispanic drivers. "There is a commonly held misconception that car rental is a luxury reserved for the wealthiest individuals," the ACLU filing said. To prove their facts, the ACLU noted that a 2010 tax study found "that more car rentals occur at neighborhood locations than at airport locations."

Studies have shown that black drivers are more likely than white ones to be pulled over by the police and more likely to be searched during the stop.

On appeal to the Supreme Court, Byrd's attorneys had argued: "Whether he was on the car rental agreement was actually irrelevant to whether he had a reasonable expectation of privacy under the Fourth Amendment."

Byrd's attorney had also previously argued before the Third Circuit and the Supreme Court that "millions of car rentals take place annually in the United States." They insisted that if the government won, "Police would have an incentive to pull over a rental car driver who commits a traffic violation because police would know they could search the car if the driver wasn't listed on the rental agreement."

Suspicious Traffic Stop

Terence Byrd's journey to the nation's Supreme Court began on September 17, 2014, at a Budget car rental in Wayne, New Jersey. While Byrd waited outside, Latasha Reed, his girlfriend with whom he sired five children, went into Budget and signed an agreement to rent a new Ford Fusion. Reed's car rental agreement explicitly stated that additional drivers would only be allowed with "prior written consent." Reed did not add Byrd or any other drivers onto the rental agreement.

Driving a rental doesn't mean you give up your rights (Creative Commons)
Once a Budget employee finalized the paperwork, Reed gave the keys to Byrd, who began his trek toward Pittsburg, Pennsylvania. While driving near Harrisburg, Pennsylvania, Byrd came upon State Trooper David Long who later claimed he stopped Byrd for either driving too long in an illegal left lane or while Byrd gripped the steering wheel at the "10 and 2" position, which is known as a "hand play" that many drivers use while holding a vehicle's steering wheel in an unsafe manner, notwithstanding an additional fact that Byrd's driver's seat was too far back reclined!

After running Byrd's driver's license the trooper discovered Byrd had given an alias name of James Carter, and also under Byrd's real name, he had a New Jersey arrest warrant. Ignoring Byrd's right to refuse to consent to a search--officers later claimed Byrd consented to the search--the officers searched the vehicle's trunk and hit the jackpot: 49 bricks of heroin and a police vest. Officers arrested Byrd and subsequently charged him with possession/intent to sell heroin and possession of body armor by a felon.

At a suppression hearing on June 16, 2015, held before Judge Caldwell, State Trooper David Long reiterated the suspicious events that led him to pull Byrd over, which included the officer saying he was unable to see Byrd due to the reclined seat, the "10 and 2" driving position, and the traffic violation.

Byrd's attorney was incredulous: "So the only reason you pulled out to stop my client was the fact he was at "10 and 2" -- and you couldn't see him in the car because his driver's seat reclined too far back?" the lawyer asked. Trooper Long nodded affirmatively.

Byrd's lawyer also drilled the officer about the notion that Byrd's race may have played a role for the officer to stop him. Then, surprisingly, Trooper Long mentioned a third factor that triggered the stop. "In a rental vehicle, he said. "That's what drew my attention to it, yes."

This is when the vehicle rental contract collided with the Fourth Amendment, which forbids unreasonable search and seizure. Trooper Long said he explained to Byrd that he was free to search the car without Byrd's consent because Byrd's name wasn't on the car rental agreement.

After a federal judge refused to throw out the evidence, Byrd accepted a plea bargain for a 10-year prison sentence in exchange for the right to appeal the conviction based on the argument the search violated Fourth Amendment protections against unreasonable search and seizure.

Whether Byrd prevails at the lower court during a hearing scheduled either later in June or July remains to be seen. Meanwhile, Byrd and his attorneys await the outcome with bated breath. Hopefully, the Fourth Amendment wins again. Stay tuned -- we will keep you informed of the outcome.

Chronicle AM: STATES Act Gets New Backers, Federal Hemp Bill to Be Debated, More... (6/12/18)

The week-old STATES Act picks up a pair of new cosponsors, Mitch McConnell's hemp bill will be debated on Wednesday, Mexican human rights group ask the ICC to investigate drug war crimes by the military, and more.

hemp fields (votehemp.com)
Marijuana Policy

Alaska Senators Sign Up to Back STATES Act. Alaska US senators Dan Sullivan (R) and Lisa Murkowski (R) have added their names as cosponsors of the Strengthening the Tenth Amendment Through Entrusting States Act (STATES Act), which was introduced last week. The bill would make the marijuana prohibition provisions of the Controlled Substances Act inapplicable in states that have their own laws allowing the production, sale, possession, and consumption of marijuana.

Hemp

Federal Bill to Legalize Hemp Up for Debate on Wednesday. Senate Majority Leader Mitch McConnell's (R-KY) Hemp Farming Act of 2018 (S. 2667) will be debated in the Senate on Wednesday. The bill legalizes industrial hemp production and removes hemp from the Controlled Substances Act.

International

Mexican Human Rights Groups Call for International Criminal Court Investigation of Military Drug War Atrocities. Human rights organizations called Monday for the International Criminal Court (ICC) to investigate abuses committed by the Mexican military in a crackdown on drug crime in Chihuahua state. The rights groups provided a dossier to the ICC documenting slayings, torture, rapes, and forced disappearances involving at least 121 victims during a period between 2008 and 2010. This is the third case the human rights groups have asked the ICC to open. Earlier, they presented cases from Coahuila and Baja California, but the ICC has yet to open a preliminary investigation on any of them.

Australia NSW Festival Drug Dog Policy Challenged. A new policy by New South Wales policy that denies entry to music festivals to anyone "indicated on" by a drug dog -- even if a search reveals no drugs -- is being challenged by the NSW Greens. The Greens's Sniff Off campaign sought an injunction last Friday in the NSW Supreme Court to try to block police from carrying out the new practice. The court rejected that effort, saying the issue was "hypothetical," but now, after some festival goers were denied entry this past weekend, the Greens plan to challenge the policy anew.

Illinois Cop's Warning: If You Legalize Weed, We'll Have to Kill Our Drug Dogs

As the state legislature ponders a bill that could make Illinois the 10th state to legalize marijuana, law enforcement is getting nervous. Old anti-marijuana shibboleths have lost their potency, but the Macon County Sheriff's Office has a brand new reason not to free the weed: They will have to kill their drug dogs.

drug dog at work (Creative Commons)
As the Daily Pantagraph reported in an article about what happens to marijuana-sniffing drug dogs in states where it is legal, the dogs typically are trained to detect a number of drugs and it is difficult to retrain them not to alert on marijuana. Other states that have legalized it have either retired their pot-sensitive dogs, tried to retrain them, or used them to search for large, illicit amounts of marijuana.

But Chad Larner, training director of the K-9 Training Academy in Macon County, scoffed at the notion of retraining, saying it would be "extreme abuse" to try to do so, and "Larner said a number of dogs would likely have to be euthanized."

That claim is a ridiculous "red herring," Illinois NORML executive director Dan Linn told the Pantagraph. "The idea that legalizing for adults to have an ounce on them will equal… all these dogs being euthanized, that seems kind of ridiculous and hyperbolic," he said.

Other Illinois drug dog cops contacted by the Pantagraph largely agreed with Linn. They said retired drug dogs "typically live with their handlers" and they "dismissed the idea that any would be euthanized because of retirement."

The Macon County sheriff doesn't go as far as his drug dog trainer, but he is a staunch opponent of marijuana legalization because… drug dogs.

"The biggest thing for law enforcement is, you're going to have to replace all of your dogs," said Macon County Sheriff Howard Buffett. "So to me, it's a giant step forward for drug dealers, and it's a giant step backwards for law enforcements and the residents of the community."

Sheriff Buffett isn't just any sheriff. He's the son of Omaha billionaire investor Warren Buffett, and he's used his family wealth both to finance law enforcement spending in the county and to basically buy his way into the sheriff's office. Earlier this year, he announced that his Howard G. Buffett Foundation was donating $1.4 million to the county to pay for everything from new records systems to new guns and ballistic vests. He was appointed to his position by retiring Sheriff Thomas Schneider last September and will serve until a new sheriff is elected in November.

Buffett also financed drug dogs across the state. His foundation paid $2.2 million in 2016 to support drug dog units in 33 Illinois counties. No wonder he and his employees are doing the 2018 version of the classic National Lampoon cover: "Buy This Magazine or We'll Kill This Dog."

Chronicle AM: No Home Grow for NH This Year, Australia Welfare Drug Test Plan, More... (5/8/17)

A new report finds legal marijuana makes a marginal contribution to state budgets, a major Las Vegas casino quits pre-employment testing for marijuana, an Australian Senate panel advances a controversial plan to drug test welfare recipients, and more.

A major Las Vegas strip casino gives up on pre-employment screening for marijuana. (Creative Commons)
Marijuana Policy

Report: Legal Marijuana Boostz Government Revenues, Somewhat. A new report from Moody's Investor Service finds that legalizing and taxing marijuana boost revenues, but not dramatically. In Colorado, the report found, marijuana taxes accounted for 2% of the state budget; in Washington state, 1.2%.

No Home Cultivation for New Hampshire This Year. Legal home cultivation is dead in the Granite State this year after the Senate refused to advance a bill approved by the House. The measure, House Bill 1476, would have allowed residents to grow two mature and 12 seedlings. The Senate Health and Human Services Committee voted to refer the bill to "interim study," where bills simply expire at the end of the session.

Major Las Vegas Casino Gives Up on Pre-Employment Marijuana Screening. In another sign of decreasing resort to drug testing for marijuana in a time of spreading legalization and low unemployment, Caesars Entertainment Group announced Monday that it has ended pre-employment drug testing for pot. "A number of states have changed their laws and we felt we might be missing some good candidates because of the marijuana issue and we felt that pre-screening for marijuana was on the whole, counterproductive," said Rich Broome, executive vice president of corporate communications and community affairs for Caesars. "If somebody is believed to be using or high at work, then we would continue to screen for marijuana and other drugs."

Medical Marijuana

Arkansas Supreme Court to Hear Oral Arguments on Licensing Imbroglio. The state Supreme Court agreed Monday to hear oral arguments on a judge's decision to prevent the state from licensing medical marijuana cultivation operators. The judge had ruled that the licensing program violated the voter-approved constitutional amendment that legalized medical marijuana after a complaint from a business that failed to get a license.

Georgia Governor Signs Bill Allowing CBD Cannabis Oil for PTSD, Intractable Pain. Gov. Nathan Deal (R) on Monday signed into law House Bill 65, which adds PTSD and intractable pain to the list of qualifying conditions that can be treated by CBD cannabis oil.

International

Australian Senate Committee Endorses Plans to Drug Test Welfare Recipients. The Australian federal government's Senate Community Affairs Legislation Committee issued a report Monday recommending passage of the government's highly controversial plan to impose drug testing on welfare recipients. The bill would create a trial program under which some 5,000 welfare recipients would face mandatory testing. People who test positive would be placed on "income management" for two years, while those who test positive twice within two years could be forced to undergo drug treatment. The plan has been condemned by medical and social welfare organizations, including the Australian Medical Association, which expressed "significant concern" about the plan. "Elements of the proposal are unnecessarily punitive and will increase stigmatisation among the most disadvantaged in the community," the AMA said.

Chronicle AM: MO MMJ Inits Hand in Beaucoup Signatures, OH Racial Profiling Drug Dogs, More... (5/7/18)

Two separate Missouri medical marijuana initiatives appear set to qualify for the November ballot, the Utah medical marijuana initiative is generating organized opposition -- including the DEA -- Canada's prime minister says it's full steam ahead for marijuana legalization, and more.

Black drivers in Ohio are more likely to get drug dogs sicced on them than white ones, official data shows. (Wikimedia)
Medical Marijuana

Missouri Initiative Campaigns Hand in Many Signatures. New Approach Missouri and Find the Cure, the folks behind a pair of medical marijuana initiatives (they differ only on how regulations would work and where tax dollars would go), announced last Friday that they had handed in roughly double the number of signatures they need to come up with 160,000 valid voter signatures. Find the Cure said it had handed in more than 300,000 signatures, while New Approach Missouri said it had handed in more than 370,000. Although initiative petitions occasionally see half of their signatures get disqualified, it's far more typical for them to lose a third. If both initiatives make the ballot, the one with the most votes on election day wins.

Michigan Regulators Recommend Approving 10 New Qualifying Conditions. The state's Medical Marihuana Review Panel has recommended the approval of 10 new conditions that could qualify people to use medical marijuana. That's out of a list of 22 conditions people had asked the panel to review. The conditions include obsessive compulsive disorder, arthritis and rheumatoid arthritis, ulcerative colitis, inflammatory bowel diseases, Parkinson's, Tourettes, spinal cord injury, autism, and chronic pain. The recommendations now go to Shelly Edgerton, the director of the Department of Licensing and Regulatory Affairs, who has until July 10 to make a final decision.

Utah Medical Marijuana Initiative Gets Organized Opposition, Including the DEA. Organized opposition to the Utah Patients Coalition's medical marijuana initiative has emerged, and it includes a local DEA task force, raising questions about a federal agency interfering in a state-level ballot question. Drug Safe Utah is recruiting paid canvassers to try to get voters who signed initiative campaigns to retract their signatures. Its members include the Utah Medical Association and the DEA's Salt Lake City Metro Narcotics Task Force.

Heroin and Prescription Opioids

Three Democratic Senators Urge FDA to Pull High-Dose Opioids from Market. Sens. Joe Manchin (D-WV), Dick Durbin (D-IL), and Ed Markey (D-MA) are urging the Food and Drug Administration (FDA) to remove ultra-high dose opioids from the market because of concerns about "accidental ingestion, borrowed medication, and recreational use." The senators said patients who need high dose opioids could just take more pills, patches, or other formulations. "We believe these ultra-high dose opioids can be removed from the market without imposing hardship on those with legitimate pain needs," the senators wrote. But the Academy of Integrative Pain Management disagreed, saying the pulling the high dose opioids would "in some situations, create a greater danger because patients would be required to have several times more pills available to meet their needs. The burden of this would fall on the sickest patients, including those with cancer and/or receiving palliative/hospice/end-of-life care, whose quality of life would be diminished."

Racial Profiling

Ohio Highway Patrol More Likely to Use Drug Dogs on Black Drivers. The Associated Press has examined records on highway stops that show the state Highway Patrol uses drug-sniffing dogs on black drivers at a disproportionate rate. Blacks account for about 13% of the state population and 14% of drivers stopped by troopers, but 28% of stops where drug dogs were used. The AP made the records request after a federal appeals court criticized the arrest of a black driver on the Ohio Turnpike in 2014 and threw out the evidence used to convict him.

International

Canadian PM Says Marijuana Legalization Plan Will Proceed Without Delay. Prime Minister Justin Trudeau said last Thursday that his plan to legalize marijuana this summer will proceed without delay, despite misgivings being voiced in the Senate. "We're going to continue to move forward. We're going to bring in legalization as we've committed to this summer on schedule," Trudeau said.

Nigeria Bans Codeine. Responding to the rising recreational use of codeine-based cough syrups, the Nigerian federal government last week banned further imports of codeine into the country. The move comes as the country attempts to rewrite its drug and mental health policies.

Chronicle AM: Workplace Drug Testing for Marijuana Begins to Fade, NYC Safer Injection Site Rally, More... (5/3/18)

Pre-employment workplace drug testing for marijuana appears to be going out of style, a federal appeals court disappoints on scheduling cannabinoids, a Vermont saliva drug testing bill is killed, and more.

NYC protesters demand Mayor De Blasio move on a long-delayed safe injection site report. (Drug Policy Alliance)
Marijuana Policy

Clock Ticking on Connecticut Marijuana Legalization Study Bill. With the state's legislative session set to end next Wednesday, time is running out for House Bill 5394, which directs state agencies to develop a plan to legalize and regulate marijuana sales. The bill has passed out of the Appropriations Committee and awaits a House floor vote. Activists are urging state residents to contact their legislators this week to prod them.

Medical Marijuana

Federal Appeals Court Upholds DEA Rule on Marijuana Extracts. A three-judge panel on the US 9th Circuit Court of Appeals has upheld a DEA rule stating that marijuana extracts, including non-psychoactive CBD, are Schedule I substances. The Hemp Industries Association and others had challenged the rule, arguing that DEA overstepped its bounds by scheduling substances, such as cannabinoids, that were not classified as illicit under the Controlled Substances Act.

Louisiana Medical Marijuana Expansion Bill Advances. A bill that would allow the use of medical marijuana for children with severe autism has passed the House and, now, a vote in the Senate Health and Welfare Committee. House Bill 627 now heads for a Senate floor vote.

Heroin and Prescription Opioids

Iowa Legislature Approves Prescription Monitoring Bill. The House on Wednesday gave final approval to the legislature's policy response to the opioid crisis, passing a bill that will require doctors to register prescriptions with the state's drug monitoring program within 24 hours. The bill now goes to the governor's desk.

Drug Testing

Employment Drug Testing for Marijuana Going Out of Favor. The Associated Press is reporting that numerous employers are "dropping marijuana from the drug tests they require of prospective employees." Testing for pot excludes too many potential workers, employers told the AP. Companies in labor-intensive industries -- hoteliers and home health care providers and employers with many warehouse and assembly jobs -- are most likely to drop marijuana testing. By contrast, businesses that contract with the government or that are in regulated industries, like air travel, or that have safety concerns involving machinery, are continuing marijuana tests, employment lawyers said.

Vermont Saliva Drug Testing Bill Dies. A bill that would have allowed police to obtain saliva for testing from motorists suspected of drugged driving is dead for the year. House Bill 237 had passed the House with law enforcement support, but was killed on a 4-1 vote in the Senate Judiciary Committee Wednesday. Both the Vermont ACLU and the state's Defender General Office had threatened legal action if it became law.

Harm Reduction

NYC Council Member Arrested in Protest Calling for Action on Safer Injection Sites. Dozens of community activists, social advocates, and elected political figures rallied outside New York City's City Hall Wednesday to demand the long-delayed release of a feasibility study on safe injection sites in the city. As many as a dozen people were arrested for obstructing traffic, including NYC Council Member Stephen Levine.

Chronicle AM: Feinstein Comes Around on Legalization, Synthetic Opioids Fuel ODs, More... (5/2/18)

Maine's legislature overrides a veto to pass a bill implementing legal marijuana sales, California's senior senator finally comes on board with legalization, Canada's legalization push faces some hiccups, and more.

Dianne Feinstein. California's senior senator finally hops on the marijuana train. (Wikimedia Commons)
Marijuana Policy

Dianne Feinstein Drops Opposition to Legal Marijuana. California's senior US senator, Democrat Dianne Feinstein, a longtime foe of marijuana legalization, has seen the light. In an interview Tuesday with McClatchy, she said she was now open to considering federal protection for state-legal marijuana. "Federal law enforcement agents should not arrest Californians who are adhering to California law," said Feinstein, who is facing a primary challenge from Kevin de Leon, who supports marijuana legalization.

Maine Legislature Overrides Governor's Veto of Marijuana Legalization Implementation Bill. Both the House and Senate voted Wednesday to override Gov. Paul LePage's (R) veto of LD 1719, the bill designed to allow the state's legal marijuana industry to get up and running. The bill would establish a system of licensed retail marijuana outlets to sell marijuana to adults. Recreational marijuana sales would be taxed at 20%, while medical marijuana patients would continue to pay a 5.5% tax.

Heroin and Prescription Opioids

Synthetic Opioids Fueling Rise in Overdose Deaths. Synthetic opioids such as fentanyl are now the most common drug involved in fatal drug overdoses, researchers from the Substance Abuse and Mental Health Services Administration (SAMHSA) reported Tuesday. Fatal overdoses involving synthetic opioids accounted for 14% of all overdose death in 2010, but 46% in 2016. Of more than 42,000 opioid-related overdose deaths, synthetics were implicated in more than 19,000, prescription opioids in more than 17,000, and heroin in more than 15,000. The numbers add up to more than 42,000 because many ODs involve multiple drugs.

Drug Testing

Trucking Industry Wants Hair Testing for Drivers. The Alliance for Driver Safety & Security, also known as the Trucking Alliance, has announced it will push for a new federal drug testing law to undergo drug testing to prove they have been free of opioids or other illegal drugs for at least 30 days. That means testing hair follicles, which allows drug use dating back weeks or months to be spotted. The industry complains that urinalysis drug testing isn't catching enough opioid addicts or "lifestyle" drug users.

International

Canada Prime Minister Leaves Door Open for Possible Legalization Delay. Faced with calls from two Senate committees to delay the marijuana legalization bill, Prime Minister Justin Trudeau left the door open for a possible slowdown in enacting the government's marijuana legalization bill. The Senate aboriginal peoples committee has called for a one-year delay for broader consultations with indigenous communities, and a separate committee has called for a delay to clarify what will happen to Canadians trying to enter the US. Trudeau didn't reply directly when asked about a possible delay, but said, "We'll continue to consult a broad range of Canadians, and as our parliamentary secretary Bill Blair says regularly, legalization is not an event, it's a process. And that process will continue," he said.

Colombia Coca Eradication Falls Far Short of Goal. The government will successfully eradicate only about 60% of the coca plantings it pledged to eradicate last year, President Juan Manuel Santos said Tuesday. And it will take longer than the government first announced. Colombia had vowed to eradicate 125,000 acres of coca planting by the end of last year, but Santos said it would only eradicate about 75,000 acres, and that would be by the of this month.

(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: New SBA Rules Hurts Pot Industry, Aghan Opium Harvest Underway, More... (5/1/18)

The Trump administration gets creative in coming up with a new way to mess with legal marijuana-related businesses, a pair of Oklahoma marijuana initiatives get approved for signature gathering, Arkansas drug testing results are in -- and they're not impressive -- and more.

It's harvest time for Afghan opium poppies. (unodc.org)
Marijuana Policy

Trump Administration Finds New Way to Hurt Marijuana-Related Businesses. Under new rules issued last month by the Small Business Administration, companies doing business with the marijuana industry will find it more difficult to obtain SBA loans. Under the new rule, banks are prohibited from using SBA-backed loans to finance any business that works directly with the marijuana industry. The rule impacts not only marijuana businesses, but could extend to web designers, gardening suppliers, consultants, and others who derive even a small portion of their income from marijuana businesses.

Oklahoma Legalization and Medical Initiatives Can Start Collecting Signatures. The state is set to vote on one medical marijuana initiative next month, but a group called Green the Vote has now received approval from the state to start collecting signatures for a pair of initiatives that would legalize medical marijuana and recreational marijuana via a constitutional amendment. The medical marijuana initiative is Proposed SQ 796; the legalization initiative is Proposed SQ 797. The group will start collecting signatures on May 11 and will need 125,000 valid voter signatures by August 8 to qualify for the November ballot.

Medical Marijuana

Missouri House Passes Smokeless Medical Marijuana Bill. The House on Tuesday approved House Bill 1554, which would allow terminal patients and patients suffering from debilitating conditions to use a smokeless form of medical marijuana. The bill now heads to the Senate.

Hemp

Illinois Senate Approves Hemp Bill. The Senate has approved Senate Bill 2298, which would allow farmers to apply for permits to grow industrial hemp. The measure passed the Senate on a 50-0 vote and is now before the House.

Drug Testing

Arkansas Welfare Drug Testing Achieves Little. After two years of requiring people seeking Transitional Employment Assistance and/or food stamps to submit to drug screens and possible drug tests, the results are in: Out of 7,000 applicants, only 31 were considered to be likely to be using drugs and thus subject to a drug test. Of those, only 12 submitted drug tests, and of those, only four actually tested positive for drugs. That's four out of 7,000 people subjected to the demeaning and strigmatizing process.

International

Afghan Opium Harvest Gets Underway. Afghan farmers are out in the fields as the country's opium poppy harvest gets underway. The country produced a record crop of 9,000 tons of opium last year. Much of the poppy production takes place in areas outside central government control.

Drug War Issues

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