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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.

Chronicle AM: Prospects Dim for First Step Act, UT MedMJ Advocates File Suit, More.... (12/7/18)

The surgeon general suggests it's time to revise federal drug schedules, the First Step Act is being held hostage by Mitch McConnell, Utah patient advocates sue to block a legislative gutting of the voter-approved medical marijuana law, and more.

A prison and sentencing reform bill is running out of time on Capitol Hill. Blame Mitch McConnell. (nadcp.org)
Marijuana Policy

Missouri Legalization Bill Filed. Rep. Brandon Ellington (D) has pre-filed House Bill 157, which would allow adults to possess up to two ounces of marijuana and grow up to six plants, with three plants flowering at one time. The bill does not create a system of taxed and regulated marijuana commerce.

Medical Marijuana

Utah Advocacy Groups Sue to Block Compromise Agreement on Medical Marijuana. A pair of patient advocacy groups filed suit Thursday to block a legislative agreement that supersedes the voter-approved medical marijuana initiative passed in November. The groups accuse the Mormon Church of unconstitutional interference in a process that led to the gutting of the measure approved by voters. The lawsuit seeks an injunction to set aside the revised medical marijuana law approved by the legislature and to keep the original version in the initiative.

Drug Testing

Wisconsin Lame Duck GOP Legislature Pushes Through Food Stamp Drug Testing. As part of the GOP-dominated legislature's effort to weaken the incoming Democratic governor and other state officials, the legislature passed a sweeping measure imposing restrictions on welfare recipients, including a requirement for drug screening and testing of people apply for food stamps. If outgoing Gov. Scott Walker (R) signs the bill, Wisconsin will be the first and only state that requires drug testing for many non-felon food stamp applicants.

Law Enforcement

Surgeon General Says Federal Drug Classification Scheme Needs Changes. The country's drug classification needs an overhaul, but that doesn't mean drugs should simply be decriminalized, US Surgeon General Jerome Adams said Thursday. "Our scheduling system is functioning, but not as ideally as it could," he said of the federal schedule for controlled substances maintained by the Drug Enforcement Administration and the Food and Drug Administration. "Things aren't static. We have to continue to evolve. Just as we need to look at our criminal justice laws, we need to look at our health laws and regulations, and that includes the scheduling system," Adams said.

Sentencing Reform

The Door is Closing on the Federal Prison and Sentencing Reform Bill. Prospects for passage of the First Step Act (S. 3649) grow dimmer as the clock ticks down on the end of the congressional session later this month. Senate Majority Leader Mitch McConnell hasn't made it official, but he has told Republicans there is almost no time left to take up the bill, and Senate Republicans left town Thursday afternoon without taking up the topic at two party lunches this week. "Each passing day they get less," said Sen. Rand Paul (R-KY) of the bill's chances. "We're still lobbying Sen. McConnell. He has all the power to allow it or not allow it."

Georgia Nightmare: Jailed Four Months for Possession of Cotton Candy [FEATURE]

A Georgia woman has filed a federal lawsuit after she spent nearly four months in jail because a roadside drug test administered by untrained police officers falsely identified a bag of cotton candy as methamphetamine.

Meth or cotton candy? Georgia cops couldn't tell the difference. (Creative Commons)
Monroe County resident Dasha Fincher filed the lawsuit in mid-November against Monroe County, the two deputies who arrested her, and the company that makes the drug test. The lawsuit argues that the Monroe County Sheriff's Office was reckless and negligent and violated her civil rights.

According to the lawsuit, the car Fincher was riding in was pulled over on New Year's Eve 2016 because of a dark window tint, the deputies said, even though they later admitted the windows were legal. Deputies Cody Maples and Allen Henderson spotted a large open plastic bag inside the vehicle, and Fincher explained that it was cotton candy.

The deputies didn't believe Fincher and used a roadside field drug test which they said indicated there was meth in the bag. She was then arrested, hauled off to jail, and charged with meth trafficking and possession of meth with intent to distribute. Her bond was set at $1 million, which she was unable to come up with, so she sat in jail for the next four months.

In March 2017, Georgia Bureau of Investigation lab test results revealed that the substance was not an illegal drug, but Fincher sat in jail for another month before prosecutors finally dropped the charges.

The lawsuit says the drug test is the Nark II, manufactured by North Carolina-based Sirchie Acquisitions. That particular field drug test is known for producing errant results. In Georgia alone, police using the Nark II to field test drugs have wrongfully arrested at least 30 people, including a man with breath mints (positive for crack), a teacher with Goody's Headache Powder (positive for cocaine), and a couple with vitamins (positive for ecstasy).

In all those cases, as in Fincher's, lab test results from the Bureau of Investigation found no presence of illegal substances. But in all those cases, the exonerating results came only weeks or months later, after the harm to innocent Georgians had already been done.

The Nark II is still in wide use in Georgia. The manufacturer, Sirchie, defends itself by saying: "Our NARK presumptive drug tests are presumptive only. All samples should be sent to a crime lab for confirmation." But too many Georgia law enforcement agencies clearly don't bother to wait for confirmation before making life-changing arrests. And the state of Georgia doesn't even require police officers to be trained on how to do the tests. As a result, innocent Georgians are being wrongfully arrested and jailed. And now, perhaps, at least one of these law enforcement agencies, will have to pay for its wrongdoing.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: Mexico Supreme Court Ends Marijuana Prohibition, Feds Reject WI Medicaid Drug Tests, More... (11/1/18)

Mexico's Supreme Court strikes a fatal blow against marijuana prohibition, medical marijuana is now available by prescription in the United Kingdom, a Colorado jury rejects an effort to blow up the state's legal marijuana system, and more.

Marijuana Policy

Colorado Federal Jury Throws Out RICO Case Threatening State Marijuana Law. That didn't take long. A Denver federal court jury took only a few hours Wednesday to reach a verdict against a couple who claimed a marijuana cultivation operation was ruining their property values and threatening their lifestyle. The couple, aided by anti-marijuana attorneys, had attempted to use federal RICO statutes to undermine the state law, arguing that because marijuana is still federally illegal, its production violates federal racketeering laws. But the jury didn't buy it.

Drug Testing

Wisconsin Governor's Plan to Require Drug Testing for Medicaid Rejected. The federal Center for Medicare and Medicaid Services has rejected a proposal from Gov. Rick Scott (R) to require drug testing as a condition for receiving Medicaid benefits. Walker had proposed several changes to the state program, known as BadgerCare, and the administration approved requiring childless adults to work or lose coverage, but not the proposed drug testing. Instead of requiring drug screening and testing, Medicaid applicants will now have to complete a health assessment with questions about drug use. If the assessment indicates concerns about drug use, the applicant will be referred to treatment, but not required to go.

Harm Reduction

New York City Legislation Would Expand Opioid Treatment at Homeless Shelters. City Councilman Stephen Levin (D-Brooklyn) Wednesday filed legislation to increase access to opioid treatment at city homeless shelters. The bill would allow for easier access "We can't continue to sit by and do nothing," said Levin. "As we've seen in New York City and throughout the country, the status quo is not working. People are overdosing on opioids every day in New York City -- more than homicides and traffic fatalities combined."

International

Mexico Supreme Court Strikes Down Marijuana Prohibition. In a pair of rulings Wednesday, the Supreme Court of Mexico ruled that the country's ban on marijuana violates individual autonomy protections in the Mexican constitution. The court said adults have the right to grow, possess, and use marijuana, but that the government retains the right to regulate consumption. It also directed the federal health agency to begin to develop regulations reflecting the decision. The ruling does not legalize marijuana commerce; it would be up to the Mexican congress to take up that issue.

Medical Marijuana Now Legal in Great Britain. As of Thursday, November 1, some medical marijuana patients will be able to legally seek and obtain their medicine. Legal access to medical marijuana will be limited to patients who have "an unmet special clinical need that cannot be met by licensed products." It will be up to a special panel to determine who meets that condition, but there are worries that the system may prove too unwieldy to satisfy the needs of hundreds of thousands of potential patients.

Chronicle AM: NJ MJ Poll Shows Strong Support, IN Forfeiture Case Goes to Supreme Court, More... (10/31/18)

A new poll has support for marijuana legalization in New Jersey at 58%, Kansas gubernatorial candidates debate marijuana policy, truck drivers will face hair drug testing one of these years, and more.

Hair drug tests for truck drivers could be coming soon under an opioids bill signed into law this month. (Creative Commons)
Marijuana Policy

Kansas Gubernatorial Debate Highlights Sharp Differences on Marijuana Policy. In a pre-election debate Tuesday, gubernatorial candidates Kris Kobach (R) and Laura Kelly (D) differed on marijuana policy. Kobach said he opposed both medicinal and recreational marijuana while expressing some openness to using CBD. "With medical marijuana, I don't think the time is right," he said. Kelly said she supports marijuana legalization, and especially the legalization of medical marijuana. "There are many benefits for young children with severe seizure disorders and for end-of-life use," said Kelly. "It would also be incredibly helpful in helping to reduce the opioid crisis." She also called for sentencing reform for marijuana offenses. "We are destroying our families and costing the state of fortune," said Kelly. "We need treatment options, not incarceration." Independent candidate Greg Orman also said he supported legalization. The latest polls have the race between Kelly and Kobach too close to call.

New Jersey Poll Has Strong Support for Legalization. A new Rutgers Eagleton poll has support for marijuana legalization at 58% with only 37% opposed. Nearly four out of five of those supporting legalization said they viewed it as a social justice issue. The poll comes as the legislature tries to get its act together to advance marijuana legalization legislation next month.

Medical Marijuana

Michigan Judge Blocks Halloween Shutdown of Unlicensed Dispensaries. The same day state regulators ordered more than 200 unlicensed dispensaries to shut down by Wednesday, a Michigan judge blocked that order. Court of Claims Judge Stephen Borello granted a motion Tuesday that kills the state's latest attempt to shut down any medical marijuana dispensaries operating without a license. Borello issued a temporary injunction blocking the shutdowns and barring the state from imposing any other licensing deadlines until the court rules again.

Asset Forfeiture

Supreme Court to Hear Indiana Asset Forfeiture Case Next Month. The US Supreme Court will hear oral arguments on November 28 on whether Indiana officials in effect imposed "excessive fines" on a man who pleaded guilty to selling heroin by seizing his vehicle, which was valued at more than the maximum fine for his offense. Cops seized a $42,000 Land Rover belonging to Tyson Timbs, which he bought with an inheritance after his father's death. The maximum fine for dealing heroin in Indiana is $10,000..

Drug Testing

Congressional Opioid Bill Demands Hair Drug Testing for Truck Drivers. The omnibus opioid bill passed by Congress and signed into law by President Trump earlier this month calls for making progress on standards for hair drug testing of truck drivers. Drug testing of hair samples provides a much longer window to detect drug use than urine or blood tests. Hair testing was okayed in the 2015 FAST Act, but the Department of Homeland Security has so far failed to provide hair drug testing protocols. The new law requires DHS to provide guidelines and for the Substance Abuse and Mental Health Services Administration to report to Congress on progress in creating and issuing guidelines for hair drug testing.

(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: Trump Marijuana Plans, More Cases Thrown Out in MA Drug Lab Scandal, More... (10/12/18)

Rep. Dana Rohrabacher (R-CA) says the president will move on marijuana policy after the election, the Supreme Court will hear an important asset forfeiture case later this year, thousands more drug defendants will see drug charges dismissed in the Massachusetts drug lab scandal, and more.

Rep. Dana Rohrabcher (R-CA) says the Trump administration will move on marijuana policy after the election. (house.gov)
Marijuana Policy

Trump Plans To Back Legal Medical Marijuana After Midterms, GOP Congressman Says. In an interview with Fox Business on Thursday, Rep. Dana Rohrabacher (R-CA) said that he had been talking with people inside the White House about ending marijuana prohibition. Rohrabacher added that he's been "reassured that the president intends on keeping his campaign promise" to protect state marijuana policies from federal interference. He didn't point to any specific legislation but said details would begin to take shape after the election. "I would expect after the election we will sit down and we'll start hammering out something that is specific and real," he said. "It could be as early as spring of 2019, but definitely in the next legislative session," he said.

Asset Forfeiture

Supreme Court to Hear Asset Forfeiture Case Later This Year. The US Supreme Court is set to hear oral arguments in an important asset forfeiture case on November 28. The case is Timbs (and a 2012 Land Rover) v. Indiana, in which Tyson Timbs appeals the seizure of his vehicle after he was arrested for selling heroin to undercover police officers. Timbs bought the vehicle with proceeds from his late father's life insurance policy -- not drug profits -- and argues that seizing the vehicle amounts to a violation of the 8th Amendment's ban on excessive fines. A state appeals court had overturned the seizure, calling it "grossly disproportional," but the state Supreme Court vacated that decision on the grounds the ban on excessive fines does not apply to the states.

Criminal Justice

Massachusetts High Court Orders Dismissal of Thousands of Cases in Drug Lab Chemist Scandal. The state's Supreme Judicial Court on Thursday ordered the dismissal of thousands of additional drug convictions due to the misconduct of Amherst drug lab chemist Sonja Farak, some dating back as far as 2004. "We conclude that Farak's widespread evidence tampering has compromised the integrity of thousands of drug convictions apart from those the Commonwealth has agreed should be vacated and dismissed," wrote Justice Frank Gaziano in the court's 61-page unanimous decision. "Her misconduct, compounded by prosecutorial misconduct, requires that this court exercise its superintendence authority and vacate and dismiss all criminal convictions tainted by government wrongdoing." Farak has pleaded guilty to stealing drug samples to feed her addiction. State prosecutors had already agreed to dismiss some 8,000 cases. Now there will be thousands more, though an exact number is not immediately available.

International

Colombia Coca Farmers Protest Against Forced Crop Eradication. Coca-growing peasants set up roadblocks on Thursday to protest against the forced eradication of coca crops and fumigation measures. The farmers in several municipalities of Norte de Santander are demanding to be included in the program of crop substitution so they have an alternative to growing coca. Farmers in Cucuta and El Zulia blocked two main local highways. They are members of the National Coordination of Cultivators of Coca, Poppy and Marijuana and the Campesino Association of Catatumbo.

Chronicle AM: US Clarifies Canada Pot Worker Entry, Rendell Defends Safe Injection Sites, More... (10/11/18)

The US has clarified that Canadiana marijuana workers and investors can enter the US but not engage in business here, New Jersey's governor says a vote on marijuana legalization will happen before month's end, Pennsylvania's former governor sticks up for safe injection sites, and more.

New Jersey Gov. Phil Murphy says legislature should vote on legalization October 29. (Creative Commons)
Marijuana Policy

California Governor Signs Bill Banning CBD Cocktails and Beverages. Gov. Jerry Brown (D) has signed into law Assembly Bill 2914, which prohibits the sale of CBD beverages and alcoholic drinks. "This bill would prohibit an alcoholic beverage licensee from, at its licensed premises, selling, offering, or providing cannabis or cannabis products, including an alcoholic beverage that contains cannabis or cannabis products, and would provide that no alcoholic beverage shall be manufactured, sold, or offered for sale if it contains tetrahydrocannabinol or cannabinoids, regardless of source," says a legislative summary.

New Jersey Governor Says Legalization Coming at End of Month. Gov. Phil Murphy (D) says he and the legislature are looking at October 29 as the date the legislature will pass a bill legalizing marijuana. One issue yet to be settled, though, is how much to tax legal pot. Still, Murphy said, October 29 "feels about right."

Drug Testing

Pennsylvania Representative Proposes Bill to Add Drug Testing of Legislators to Bill to Drug Test Welfare Recipients. Philadelphia County Rep. Angel Cruz (D) has filed House Bill 620 as an amendment to Senate Bill 6. The Senate bill would mandate drug testing of welfare recipients; Cruz's bill would mandate drug testing of legislators. "If it's good for one, it's good for all," said Cruz. "The lawmakers are the lawmakers, and we're not above the law."

Foreign Policy

US Clarifies Policy on Entry of Canadian Marijuana Industry Workers. US Customs and Border Protection (CBP) has clarified its position on whether Canadians involved in the legal marijuana industry can enter the US. "A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the US for reasons unrelated to the marijuana industry will generally be admissible to the US," CBP said Tuesday. But there is a big but: "[I]f a traveler is found to be coming to the US for reason related to the marijuana industry, they may be deemed inadmissible," CBD said.

Harm Reduction

Former Pennsylvania Governor Challenges DOJ on Threats to Prosecute Safe Injection Site Operators. Former Gov. Ed Rendell (D) is not backing away from supporting a Philadelphia safe injection site despite threats from Justice Department Deputy Attorney General Rod Rosenstein. Rendell sits on the board of a nonprofit to run such a facility, and he said that if the Justice Department wants to crack down on the harm reduction move, it should start with him: "I have a message for Mr. Rosenstein: I'm the incorporator of the safe injection site nonprofit and they can come and arrest me first," Rendell said.

Chronicle AM: Senate Passes Opioid Bill, CA Cops Face Racial Profiling Charges, More... (10/4/18)

Congress sends an omnibus opioids bill to the president's desk, the DEA has another Colombia scandal, the San Francisco police and Los Angeles sheriff's deputies face charges of racial profiling, and more.

Congress has sent an omnibus opioids bill to the president's desk. (Creative Commons)
Medical Marijuana

Florida Judge Blocks Medical Marijuana License Process. A Tallahassee judge Wednesday agreed to block state health officials from moving forward with the application process for medical marijuana licenses. Leon County Circuit Court Judge Charles Dodson two months ago had found the state's licensing cap "directly contradicts" the amendment legalizing medical marijuana in the state and had set a Wednesday deadline for either health officials or the legislature to resolve deficiencies in the law. When that didn't happen, Dodson issued a verbal order halting the application process.

Utah Medical Marijuana Initiative Backers Reach Deal With Legislative Leaders, LDS Church Representatives, and Utah Medical Association. Backers of the Utah medical marijuana initiative joined other organizations and lawmakers at a press conference Thursday to announce they have reached an agreement on an alternative medical cannabis law that will be enacted in a special session following the election. Proposition 2 will still appear on the 2018 ballot, but it will no longer determine the final outcome for Utah medical cannabis patients. Instead, a compromise medical marijuana bill will be enacted during a special session after the 2018 election,

Heroin and Prescription Opioids

Senate Overwhelmingly Approves Sweeping Opioids Bill. The Senate Wednesday approved a sweeping opioids package on a 98-1 vote. The bill now goes to the desk of President Trump. The omnibus opioids bill combines dozens of smaller proposals and expands and reauthorizes programs and policies across the federal government, as well as creating new programs aimed at treatment, prevention, and recovery. One portion of the bill likely to have a big impact requires US postal inspectors to screen packages shipped from overseas -- mainly from China -- for fentanyl. The bill passed the House last week.

Law Enforcement

DEA Colombia Staff Facing Three Separate Misconduct Probes. At least three DEA agents based in Bogota have left in recent months amid separate investigations into alleged misconduct. One is accused of using government resources to hire prostitutes. Ironically, that agent, Robert Dobrich, the agency's top-ranking official in Latin American, was brought in in 2015 in the wake of a scandal about agents participating in sex parties with prostitutes. A former DEA agent assigned to Colombia, Jose Irizarry, is being investigated for passing information on to drug cartels. Irizarry resigned after his activities in Cartagena were curtailed earlier this year. Meanwhile, Dobrich's deputy, Jesse Garcia, is accused of having a sexual relationship with a subordinate.

ACLU Sues San Francisco Police Over Racially Motivated Drug Arrests. The ACLU of Northern California has filed a lawsuit on behalf of six black people arrested during anti-drug operations in the Tenderloin between 2013 and 2015. The six were among 37 arrested in the stings -- every one of whom was black -- and federal public defenders raised concerns over selective enforcement. The lawsuit cites a survey of Tenderloin drug users that found about half were black, but 20% were Latino and 17% were white. Charges against 12 of those arrested were dropped in January 2017 after a judge found there was "substantial evidence suggestive of racially selective enforcement, but the dropping of the charges meant a full accounting of police misconduct never happened.

Los Angeles County Deputies Accused of Racially Profiling Hispanics in I-5 Traffic Stop Drug Searches. LA County deputies stopped thousands of Latinos on the I-5 freeway in hopes of making their next drug bust, the Los Angeles Times reported Thursday. The sheriff's Domestic Highway Enforcement Team seized lots of drugs, but it also searched the vehicles of more than 3,500 drivers who had no drugs or other illegal items, the overwhelming majority of them Latino. Some of the teams' drug busts have been thrown out of federal court as the credibility of deputies came under fire and judges found they violated the rights of motorists by conducting unconstitutional searches. The Times examined data from every traffic stop done by the team from 2012 through 2017 -- more than 9,000 of them -- and found that Latinos accounted for 69% of stops, and that two-thirds of Latinos had their vehicles searched, compared to less than half of other drivers. Though Latinos were much more likely to be searched, deputies found drugs or other illegal items in their vehicles at a rate that was not significantly higher than that of black or white drivers. The sheriff's department said racial profiling "plays no role" in the deputies' work.

International

Canada Drug User, Advocacy Groups Call for Opioid Decriminalization. Some 93 groups representing drug users assembled in Edmonton this week have called for the federal government to move toward decriminalizing opioids. The coalition is calling for Ottawa to expand legal access to safe drugs for people with substance use disorder, decriminalize possession of all drugs for personal use, and expand the availability of harm reduction services.

Chronicle AM: MedMJ Researchers Stalled, MS Court Rejects Fatal Overdose Conviction, More... (9/10/18)

It's just about all medical marijuana news today, except for a Mississippi appeals court throwing out a drug-induced homicide-style conviction.

The DOJ is stalling medical marijuana research, and Congress is set to act on the issue, but perhaps too restrictively. (DPA)
Medical Marijuana

Marijuana Research Applications Go Nowhere at Justice Department. The DEA began accepting applications from researchers seeking to grow marijuana two years ago, but as of this week, none of the applications have been responded to. Some two dozen applications have been left in limbo by the Justice Department, the DEA's parent agency, during the tenure of anti-marijuana Attorney General Jeff Sessions.

Marijuana Research Bill Scheduled For Congressional Vote This Week. The House Judiciary Committee will vote Thursday on HR 5634, Rep. Matt Gaetz's Medical Cannabis Research Act. Gaetz says the bill will expand the amount of research-grade marijuana available to researchers, but drug reformers are calling foul over some provisions, including one that bars people with a felony or drug-related misdemeanor conviction from any affiliation with research cultivation operations and another that requires cultivators to get a letter of good standing from a local law enforcement agency. They argued that those provisions should be removed, but Gaetz doesn't look likely to do that.

Connecticut Federal Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination. A federal court in Hartford held last Wednesday that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state's medical marijuana law. Under the state's law, "[n]o employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person's or employee's status as a qualifying patient."

New Mexico Health Secretary Rejects Medical Marijuana for Opioid Addiction. Department of Public Health Secretary Lynn Gallagher has rejected the idea of treating opioid addiction with medical marijuana, saying there isn't enough research to justify using it for addiction treatment. Her decision overrides the state's Cannabis Advisory Board, which recommended 5-1 that it be approved.

Sentencing Policy

Mississippi Appeals Court Throws Out Dealer's Murder Conviction in Overdose Death. The state Court of Appeals has overturned the murder conviction of a man who had been convicted of the crime after a friend died from taking a new psychoactive substance provided by the man. "The evidence introduced at trial was insufficient to support a conviction for either depraved-heart murder or the lesser-included offense of culpable negligence manslaughter," Judge Jack Wilson wrote for an 8-2 majority of the court. The court found that even though the man had provided two doses of the drug to his friend, that wasn't enough to support the murder charges because there was no evidence the man believed the drug would put his friend at risk. The case could spark efforts in the legislature to pass a drug-induced homicide law.

Chronicle AM: CA Senate Passes SIS Bill, Black Vets More Likely to Be Drug Tested, More... (8/22/18)

Louisiana doctors could soon treat more medical marijuana patients, black VA patients on opioid therapy are more likely to be drug tested and have their treatment halted for illicit drug use than whites, a Georgia judge throws out a heroin murder conviction, and more.

A facility like Vancouver's InSite could be coming to San Francisco. A bill to make it happen is moving in Sacramento. (CC)
Medical Marijuana

Louisiana Regulators Weight Raising Limit on Number of Patients Doctors Can Treat. The state Board of Medical Examiners is set to boost the number of medical marijuana patients a single doctor can treat. The board set a limit of 100 patients per doctor in 2016, but Vincent Culotta, the board's executive director, said the limit will be raised at the board's meeting next month. "We realize we're going to have to increase that number," he said.

Oklahoma Judge Rules Implementation of Medical Marijuana Rules Can Proceed. Cleveland County District Court Judge Michael Tupper ruled Tuesday that the Board of Health can proceed with implementing the state's medical marijuana rules and regulations. He ruled against a lawsuit by more than a dozen Oklahoma patients and businesses who challenged the rules. The decision Tuesday does not end the case. The judge could still throw out some or all the challenged rules at a later date or choose to leave them alone again. Another legal challenge is still pending in Oklahoma County District Court.

Heroin and Prescription Opioids

Study Finds African-American VA Patients More Likely to Be Drug Tested, Have Prescriptions Stopped. Black VA patients on long-term opioid therapy are more likely to be drug tested by their doctors and much more likely to have their opioid prescriptions halted if any illegal drug use is found, a new study finds. About 25% of black patients were tested within six months of being prescribed opioids, while only 16% of whites were. Black patients were twice as likely as white ones to have their opioid therapy halted if they tested positive for marijuana and three times as likely if they tested positive for cocaine. The findings were published in the journal Drug and Alcohol Dependence.

Georgia Judge Dismisses Indictment in Heroin Overdose Death. A Georgia judge has dismissed a murder indictment against a man accused of injecting heroin into another man who overdosed and died. In the case, Superior Court Judge John Goger found that the defendant injected the fatal dose at the victim's request and that the victim had purchased the drug himself. Goger held that that didn't amount to heroin distribution by the defendant, and without the underlying drug felony, there is no felony murder.

Harm Reduction

California Senate Passes Bill to Permit Safe Injection Sites in San Francisco. The state Senate Wednesday approved Assembly Bill 186, which would allow San Francisco to implement a safe injection site. AB 186 permits San Francisco to establish facilities where individuals can use controlled substances under the supervision of staff that are trained to treat and prevent drug overdose and link people to drug treatment, housing, healthcare, and other services. Mayor London Breed, the San Francisco Board of Supervisors, as well as a significant majority of the San Francisco electorate, support piloting safe injection sites in San Francisco.

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