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Medical Marijuana Update

The battle over medical marijuana in Utah continues, the battle over medical marijuana in Florida may be ending, and more.

Florida

Florida Governor-Elect to End Former Governor's Court Battles Over Medical Marijuana. Incoming Gov. Ron DeSantis (R) is parting ways with his predecessor, Rick Scott (R), when it comes to medical marijuana. A spokesman for DeSantis said last Friday that he is unwilling to continue Scott's court battles over the state's voter-approved medical marijuana law. "He is not interested in continuing that fight. I think he has a different perspective than Governor Scott," said spokeswoman Jeannette Nunez. "I think he wants the will of the voters to be implemented."

Georgia

Georgia Lawmakers Propose Hemp Farming, CBD Oil Distribution. Republican-led legislative committees are recommending that the state pass bills next year to allow hemp farming for CBD oil and the distribution of CBD. The state has had a law since 2015 allowing patients to use CBD, but state law still bars buying, selling, or transporting it. A separate proposal would allow for growing and selling THC oil containing less than 5% of the cannabinoid.

Utah

Utah Advocacy Groups Sue to Block Compromise Agreement on Medical Marijuana. A pair of patient advocacy groups filed suit last 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.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Senate Approves Legal Hemp, NJ ACLU Asset Forfeiture Abuse Report, More... (12/12/18)

Industrial hemp takes a big step toward legalization, New York's governor is planning on legalizing weed next year, the ACLU of New Jersey has a disturbing new report out on civil asset forfeiture, and more.

The sun is rising on a new American hemp industry. (votehemp.org)
Marijuana Policy

New York Governor Readying Plan to Legalize Marijuana. Gov. Andrew Cuomo (D) will soon unveil a plan to legalize marijuana, his office said Tuesday. "The goal of this administration is to create a model program for regulated adult-use cannabis -- and the best way to do that is to ensure our final proposal captures the views of everyday New Yorkers," Cuomo spokesman Tyrone Stevens said. The proposal will come early next year, he added.

Medical Marijuana

Georgia Lawmakers Propose Hemp Farming, CBD Oil Distribution. Republican-led legislative committees are recommending that the state pass bills next year to allow hemp farming for CBD oil and the distribution of CBD. The state has had a law since 2015 allowing patients to use CBD, but state law still bars buying, selling, or transporting it. A separate proposal would allow for growing and selling THC oil containing less than 5% of the cannabinoid.

Industrial Hemp

Senate Approves Farm Bill With Hemp Provision Intact. The Senate on Tuesday approved the omnibus farm bill, including a provision to legalize industrial hemp. Senate and House agricultural committees had already reconciled their versions of the bill, so now it goes back to the House for final approval. In a late compromise, a lifetime ban on people with felony convictions from participating in the industry was reduced to a 10-year ban.

Asset Forfeiture

ACLU-NJ Report Reveals Abuse and Overuse of Civil Asset Forfeiture in New Jersey. A new report from the state ACLU finds disturbing racial disparities and other worrisome trends in local law enforcement's use of civil asset forfeiture. The report finds that these practices "disproportionately harm people of color." "The civil asset forfeiture system has proved prone to widespread abuse, but it's also ripe for sweeping reform," said ACLU-NJ Catalyst Fellow Liza Weisberg, who contributed to the report. "We see a path forward that can get us there."

International

UK Lawmakers Reject Marijuana Legalization In House Of Commons Vote. The House of Commons on Tuesday rejected a move to legalize marijuana on a vote of 66 to 52. The proposal was heard under parliament's "10-minute rule motion," which lets lawmakers conduct a brief debate before voting on whether to let the measure proceed. The proposal came from Liberal Democrat MP Norman Lamb, who said the government's recent move to ease access to medical marijuana didn't go far enough. "It is total hypocrisy that the most dangerous drug of all, in terms of harm to yourself and others, alcohol, is consumed in large quantities right here in our national Parliament, whilst we criminalize others for using a less dangerous drug -- with many using it for the relief of pain," Lamb said after the vote.

Chronicle AM: Fed Criminal Justice Bill Will Get Senate Vote, Hemp is in Farm Bill, More... (12/11/18)

Mitch McConnell changes course and okays a Senate vote on the First Step Act, McConnell ensures the hemp provision remains in the farm bill, a Moscow court ruling could run the city's only harm reduction NGO out of business, and more.

Mitch McConnell pushes hemp bill, okays sentencing reform (Flickr)
Marijuana Policy

Illinois Pot Conviction Expungement Bill Gets More Support. A bill filed by Rep. La Shawn Ford (D-Chicago) that would allow people to clear low-level marijuana convictions has picked up support from the legislative leadership. Assistant Majority Leader Kimberly Lightford (D-Chicago) announced last Friday that she was supporting the bill. The state decriminalized the possession of up to 10 grams in 2016, but that law didn't address those who had already been convicted of small-time possession.

Sentencing Reform

In Last Minute Switch, McConnell Says Reform Bill Will Get a Senate Vote. Senate Majority Leader Mitch McConnell (R-KY) said Tuesday that he will bring a prison and sentencing reform bill, S. 3649, to the Senate floor for a vote. "At the request of the president and following improvements to the legislation that has been secured by several members, the Senate will take up the recently revised criminal justice bill," McConnell said from the Senate floor. The move comes after McConnell just last week said there wasn't time to deal with the bill, and time remains a critical factor. The House earlier this year passed a prison reform bill that didn't include sentencing reforms, so if the bill passes the Senate, it will have to go back to the House for approval. This is by no means a done deal, but at least limited sentencing reform remains alive at this point.

Industrial Hemp

Final Version of Farm Bill Includes Hemp Provision. The omnibus farm bill set to be passed by the Senate this month includes the legalization of industrial hemp. That would allow US farmers to cultivate, process, and sell hemp. The hemp provision is being championed by Senate Majority Leader Mitch McConnell (R-KY). The bill had originally included a ban on people with felony drug convictions, but under a compromise, that ban would end after ten years.

International

New Zealand Legalizes Medical Marijuana. The government has approved a bill that will make medical marijuana widely available for thousands of patients over time but will at first be limited to terminally ill patients. The move comes ahead of a nationwide referendum on recreational marijuana sometimes in the next two years.

Moscow Court Imposes Punishing Fine on City's Sole Harm Reduction NGO. A Moscow court has ordered the Andrey Rylkov Foundation, the city's only harm reduction non-profit, to pay a fine of $10,000 for publishing what it called "drug propaganda." The foundation aroused the ire of the court by publishing safety advice about synthetic cathinones ("bath salts") in a drug users' newsletter. The advice didn't recommend taking those drugs but urged users to be careful if they did. The fine, which Amnesty International has described as "suffocating," could drive the foundation out of business if it can't come up with the funds to pay it by Christmas, leaving Moscow without a single harm reduction NGO.

Chronicle AM: Bill Barr's Drug Warrior Past, Iran Warns Sanction Could Bring "Deluge of Drugs," More... (12/10/18)

Trump's sanctions could come back to bite us, Iran warns; Trump's new attorney general pick has some solid drug warrior credentials, the WHO postpones a recommendation on marijuana scheduling, and more.

Iran interdicts more opium and heroin than any other country. (UNODC)
Medical Marijuana

Florida Governor-Elect to End Former Governor's Court Battles Over Medical Marijuana. Incoming Gov. Ron DeSantis (R) is parting ways with his predecessor, Rick Scott (R), when it comes to medical marijuana. A spokesman for DeSantis said last Friday that he is unwilling to continue Scott's court battles over the state's voter-approved medical marijuana law. "He is not interested in continuing that fight. I think he has a different perspective than Governor Scott," said spokeswoman Jeannette Nunez. "I think he wants the will of the voters to be implemented."

Foreign Policy

US Sanctions Could Lead to "Deluge of Drugs," Iran Warns. If US sanctions imposed by the Trump administration weaken Iran's ability to contain the opium trade from neighboring Afghanistan, the result could be a "deluge" of drugs, President Hassan Rouhani warned in a speech carried on state television last Friday. "I warn those who impose sanctions that if Iran's ability to fight drugs and terrorism are affected... you will not be safe from a deluge of drugs, asylum seekers, bombs and terrorism, Rouhani said. "We spend $800 million a year to fight drugs which ensures the health of nations stretching from of Eastern Europe to the American West and North Africa to West Asia. Imagine what a disaster there would be if there is a breach in the dam," Rouhani said. "We don't expect the West to pay their share, but they should know that sanctions hurt Iran's capacity to fight drugs and terrorism."

Law Enforcement

Trump's New Attorney General Pick Has Record as Drug Warrior. The president's pick to be the new attorney general, former Attorney General William Barr, may be less hostile to marijuana than Jeff Sessions, but as attorney general under George HW Bush, he pushed hard for more incarceration of drug offenders. More recently, he wrote a 2015 letter defending the criminal justice system as not in need of serious reform and defending mandatory minimum sentencing in particular, while encouraging Congress not to act on a sentencing reform bill. "It's hard to imagine an Attorney General as bad as Jeff Sessions when it comes to criminal justice and the drug war, but Trump seems to have found one," Michael Collins, director of national drug affairs for the Drug Policy Alliance, said in a press release. "Nominating Barr totally undermines Trump's recent endorsement of sentencing reform."

International

WHO Postpones Recommendation for Rescheduling Marijuana. Saying it needed more time to review findings, the World Health Organization (WHO) postponed making any recommendation on rescheduling marijuana. The recommendation was expected to be made at last Friday at the Commission on Narcotic Drugs meeting in Vienna, but that didn't happen. No new date has been provided.

Mexico's New Government Takes Aim at Cartel Finances. Mexican Financial Intelligence Unit head Santiago Nieto announced last Thursday that he had filed a complaint against three businesses and seven people linked to the Jalisco New Generation cartel. Nieto said that was only the opening salvo in the fight to stop organized crime from flourishing with impunity.

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."

Medical Marijuana Update

Dispensaries come to Iowa, Utah's voter-approved medical marijuana law gets modified in the legislature, and more. 

Iowa

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Minnesota

Minnesota Adds Alzheimer's to List of Qualifying Conditions. The state Department of Health announced Monday that it was adding the degenerative neurological disorder to the medical marijuana program, despite concerns about the effectiveness of treatment with marijuana. "Any policy decisions about cannabis are difficult due to the relative lack of published scientific evidence," said state Health Commissioner Jan Malcolm. "However, there is some evidence for potential benefits of medical cannabis to improve the mood, sleep and behavior of patients suffering from Alzheimer’s disease." Minnesota will become the 13th state to okay medical marijuana for Alzheimer's.

Pennsylvania

Pennsylvania to Consider Adding Qualifying Conditions. The state Medical Marijuana Advisory Board has approved a new process for expanding the state's list of qualifying conditions for medical marijuana and in coming weeks will begin accepting petitions for new qualifying conditions to be added to the list. Patient advocates are expected to petition for conditions such as depression, anxiety, and insomnia, among others.

Utah

Utah's Voter-Approved Medical Marijuana Law Amended. Lawmakers on Monday passed sweeping changes to the state's voter-approved medical marijuana law and Gov. Gary Herbert (R) immediately signed them into effect. The changes ban many marijuana edibles, prevent people from growing their own marijuana if they live far from a dispensary, and narrow the list of eligible medical conditions for which the drug can be obtained. Smoking medical marijuana wasn't allowed under the original ballot measure and still isn't. Opponents of the meddling with measure said the changes will create major obstacles for patients and are planning to sue to block the changes. "It's an almost complete disregard for the will of the people," attorney Rocky Anderson said.

 

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Dark Web Dealers Banning Fentanyl, Luxembourg Moves to Legalize Weed, More... (12/3/18)

China agrees to make fentanyl a controlled substance, Dark Web dealers begin banning fentanyl sales, Luxembourg could become the first European country to legalize marijuana, and more.

Fentanyl--too dangerous for the Dark Web? (DEA.gov)
Marijuana Policy

Michigan Bill Would Free Prisoners Doing Time for Marijuana Crimes. Democratic lawmakers have filed a bill, House Bill 6508, that would allow prisoners convicted of certain marijuana offenses to get out of prison. The release would apply to people imprisoned for use, possession, or distribution of marijuana if they meet certain conditions. It would also reduce sentences for other marijuana crimes.

Medical Marijuana

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Heroin and Prescription Opioids

Dark Web Drug Dealers Voluntarily Ban Fentanyl Sales. The British National Crime Agency reports that major dark web drug sellers have begun voluntarily banning the sale of fentanyl because it is both too dangerous and too likely to provoke police crackdowns. That would put the powerful opioid in the company of mass casualty firearms and explosives as commodities too dangerous to trade on the dark web.

Foreign Policy

China Agrees to Make Fentanyl a Controlled Substance After Talks With US. The Chinese Foreign Ministry said it had "decided to schedule the entire category of fentanyl-type substances as controlled substances, and start the process of revising relevant laws and regulations" after the meeting between President Trump and Chinese President Xi Jinping in Buenos Aires on Saturday. The two countries have "agreed to take active measures to strengthen cooperation on law enforcement and narcotics control," including the control of fentanyl-type substances, the statement said. The White House called the move "a wonderful humanitarian effort."

International

Luxembourg Moves Toward Legalizing Marijuana. In a joint press conference, the three political parties that constitute the country's governing coalition announced plans to legalize marijuana, including legal marijuana sales. The announcement came after an online petition calling for legalization generated enough support to be discussed in parliament. The petitioners asked for marijuana to be regulated, pointing to Canada as an example. A final agreement on the exact structure of legalization is expected to be finalized this week. 

Chronicle AM: Supreme Court Hears IN Seizure Case, Filipino Cops Jailed for Drug War Crimes, More... (11/29/18)

The Supreme Court heard oral arguments in an Indiana asset forfeiture case, outgoing marijuana reform roadblock Rep. Pete Sessions (R-TX) has done it again, a North Carolina "decrim" bill gets filed, and more.

Three Philippine police are jailed for murder, marking a first in Rodrigo Duterte's bloody drug war. (Creative Commons)
Marijuana Policy

Pete Sessions Blocks Another Federal Pot Bill. Rep. Pete Sessions (R-TX) has consistently used his position as chair of the House Rules Committee to block marijuana reform measures, and he did it again Wednesday. This time he blocked an amendment from Rep. Jared Polis (D-CO) that aimed at providing tax relief for legal marijuana businesses. But Sessions' career as reform roadblock is coming to an end; he was defeated in the November midterms. Incoming Rules Committee Chairman Rep. James McGovern (D-MA) has already promised to allow marijuana amendments to move when he takes over in January.

North Carolina Legislators File Bill to Decriminalize Up to Four Ounces. Four legislators have co-sponsored a bill, S 791, which would essentially decriminalize the possession of up to four ounces of marijuana. Possession would remain a misdemeanor, but with no possible jail sentence, and the bill includes language that would allow people convicted of possessing less than four ounces to petition for expungement, which would be automatic if the amount actually was under four ounces.

Asset Forfeiture

Supreme Court Oral Arguments Suggest Indiana Will Be Slapped Down in Asset Forfeiture Case. The Supreme Court heard oral arguments Wednesday in the case of an Indiana man whose $42,000 Land Rover was seized after he pleaded guilty to small-scale heroin sales, and the justices' questioning strongly suggested they would rule against the state. The legal argument is whether the 8th Amendment's provisions against "excessive fines" applies to civil asset forfeiture at the state level. The case is Timbs v. Indiana.

Harm Reduction

San Diego Judge Orders Preliminary Injunction Closing Orange County Needle Exchange Program. A San Diego judge has issued a temporary injunction to shut down a mobile syringe exchange program run by the Orange County Needle Exchange Program (OCNEP), which is being sued by Orange County. A ruling issued in California Superior Court on Tuesday bars the mobile program from operating until a trial is held sometime in January 2019.

International

Brazilian Lawmakers Approve Medical Marijuana Bill. A bill that would allow the cultivation and use of marijuana for medical reasons was approved by a Senate committee on Wednesday. Patients with doctors' prescriptions would be able to grow, possess, and consume the drug. The Senate Social Affairs Committee advanced the bill, but it now has to be approved by the Commission on Constitution and Justice before going to a Senate floor vote. If it passes the Senate, it must then be approved by the Chamber of Deputies and signed by incoming President Jair Bolsonaro, who opposes legalization and has espoused a harsh approach to drugs.

Philippine Court Sentences Three Cops for Drug War Murder of Teen. The Caloocan City regional trial court on Thursday sentenced three police officers found guilty of murdering a 17-year-old high school student to 40 years in prison. They were the first police to be convicted in President Rodrigo Duterte's bloody war on drugs. "A shoot first, think later attitude can never be countenanced in a civilized society. Never has homicide or murder been a function of law enforcement. The public peace is never predicated on the cost of human life," said the ruling by Judge Roldolfo Azucena.

Medical Marijuana Update

Michigan's unlicensed dispensaries get a break, New Jersey is set to expand its medical marijuana program, and more.

Michigan

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

New Jersey

New Jersey Senate Health Committee Votes in Support of Medical Marijuana Expansion. The Senate Health, Human Services, and Senior Citizens Committee voted Monday to expand the state's medical marijuana program. But advocates had concerns: "Today's vote in support of expanding New Jersey's medical marijuana program is a step in the right direction," said Roseanne Scotti, New Jersey State Director of the Drug Policy Alliance. "However, we have concerns about the impact of this legislation on patients, as it will transfer oversight of medical marijuana from the New Jersey Department of Health, which has a long established, patient-centered program, to a new and relatively undefined commission."

Utah

Utah Medical Cannabis Act Revised Again. A bill aimed at replacing the voter-approved Prop 2 medical marijuana law has now been revised for a third time as legislators prepare to meet in special session to pass it. The newest version removes renter protections for patients, but increases the number of license for "cannabis pharmacies." Under the bill, a central pharmacy would ship marijuana to local health departments for patients to pick up, or patients could use the "cannabis pharmacies."

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: First Step Act Fight Continues, MI Gets Legal Marijuana December 6, More... (11/28/18)

Senate Republicans are trying to find a way to keep the First Step Act alive, marijuana use and possession becomes legal in Michigan next week, and more.

Will the First Step Act get a Senate vote this year? And if it does, will it pass? Stay tuned. (ussc.gov)
Marijuana Policy

Michigan Marijuana Legalization Goes into Effect December 6. As of a week from tomorrow, it will be legal to possess and use small amounts of marijuana. But it will probably take until sometime in 2020 for pot shops to open for business. The state says it will start taking business applications late in 2019.

Medical Marijuana

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

Psychedelics

Oregon Attorney General Approves Psilocybin Ballot Measure Language. An initiative that would allow licensed medical professionals to administer psilocybin for therapeutic purposes has had its ballot language approved. The next step is signature-gathering to get the measure on the 2020 ballot. The measure will need 140,000 valid voter signatures to qualify.

Drug Treatment

Massachusetts Federal Court Judge Orders Jail to Provide Methadone. A federal court in Massachusetts granted a preliminary injunction this week, requiring that the plaintiff in the case be provided continued access to methadone treatment for his opioid use disorder while incarcerated. The ruling requires a jail in Essex County to provide medication-assisted treatment (MAT) to a man who is about to be sentenced for conduct that occurred two years ago, before he first started his recovery. The court held that the plaintiff is likely to succeed on his claim that the jail's refusal to provide methadone treatment violates both the Americans with Disabilities Act (ADA) and the 8th Amendment of the US Constitution, which prohibits cruel and unusual punishment.

Sentencing Reform

Senate Republicans Seek Way to Get Sentencing Reform Bill Moving Again. Senate Republicans are pondering changing the First Step Act (S.2795) to make it more palatable for some conservatives, but which could blow up the bipartisan compromise that supports the bill as is. Some of the changes being discussed include tightening the safety valve provision, getting tougher on fentanyl offenders, and backing away from an ending the "stacking" regulation, which adds more time to sentences of people convicted of drug offenses while possessing a firearm. President Trump, meanwhile, continues to push Senate Majority Leader Mitch McConnell (R-KY) to bring the bill to a Senate vote.

Drug War Issues

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