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Chronicle AM: South Africa Legalizes Pot Possession, Senate Passes Opioid Bill, More... (9/18/18)

South Africa just became the first country on the continent to legalize marijuana possession, New Jersey wants to be the next state to legalize marijuana, the Senate passes a limited opioid bill, and more.

South Africans celebrate Constitutional Court ruling legalizing private pot possession and use Tuesday. (The Smokers Club)
Marijuana Policy

Maryland Poll Has Strong Support for Marijuana Legalization. A new Goucher Poll has support for marijuana legalization at 62%. Only 33% were opposed. The poll also had majority support for a $15 an hour minimum wage, the Affordable Care Act, and single-payer health care, and 71% disapproving of President Trump. Expect the legislature to try again to pass legalization next year.

New Jersey Legalization Bill Almost Ready. A bill to tax and regulate legal marijuana commerce is "98% done," one of the state's leading marijuana advocates said Monday. Scott Rudder, head of the New Jersey CannaBusiness Association, said the remaining issue is whether to impose a 25% retail tax right away or to start with a lower tax rate that goes up over time. Gov. Phil Murphy (D) also expressed optimism about prospects for a bill. "I continue to believe it’s this year," Murphy said. "Doing it is important but doing it right is more important and that’s going to be key." Legislative leaders have vowed to get a bill to Murphy's desk by the end of the month, but the clock is ticking.

Medical Marijuana

Louisiana Lifts Limits on Number of Patients for Whom Each Doctor Can Recommend Medical Marijuana. The state Board of Medical Examiners on Monday got rid of a rule that limited the number of patients to whom doctors can recommend medical marijuana. The board also agreed to remove a restriction that would have required patients to see their doctor every 90 days in order to renew their order for medical cannabis.

Heroin and Prescription Opioids

Senate Passes Opioid Bill. The Senate on Monday approved legislation aimed at addressing the opioid crisis. The Opioid Crisis Response Act of 2018 (S.2680) The bill includes provisions increasing scrutiny of incoming international mail, eases the way for the National Institutes of Health to speed research on non-addictive pain relievers, allows the Food and Drug Administration to require pharmaceutical companies to package smaller quantities of opioids, and creates new federal grants for treatment, training emergency workers, and research on prevention. Funding for the anticipated spending will have to be provided in separate spending bills. The House passed its own opioid bill earlier this year. Now, congressional leaders will have to hammer out a compromise in conference committee.

Drug Policy Expert Says Senate Bill is Not Enough. While the opioid bill referenced above authorizes $500 million a year in grants states will have to compete over, the amount is well below the massive outlay of funds used to combat the AIDS crisis in the 1990s, and the Congressional Budget Office found that the bill would be revenue-neutral. That irked Stanford psychiatry professor and former Obama drug policy advisor Keith Humphreys. "How much money was Congress willing to spend on the worst opioid epidemic in US history? None," he said. "Given that there was no consensus in Congress in favor of a really big investment such as we employed for AIDS, the two sides did the next best thing, which was agree on many second-tier policies that were smaller bore," Humphreys said. "There are good things in the bill that will save lives, but it will not be transformational."

International

South Africa High Court Legalizes Marijuana Possession. In a case brought by three marijuana users who argued marijuana prohibition "intrudes unjustifiably into their private spheres," the country's Constitutional Court on Tuesday ruled that the private possession, cultivation, and consumption of marijuana is legal. >"It will not be a criminal offense for an adult person to use or be in possession of cannabis in private for his or her personal consumption," Deputy Chief Justice Raymond Zondo wrote in his ruling. It will, however, remain illegal to use cannabis in public and to sell and supply it. The ruling did not set allowable quantities, with the court saying parliament had two years to come up with a new law that reflected the ruling. Thousands of predominantly poor and black South Africans are arrested for marijuana offenses each year.

Will Denver Be the First Place in America to Legalize Magic Mushrooms?

Denver could essentially legalize psychedelic mushrooms by next spring if a group of local activists has its way. But they have a few hurdles to overcome first.

This week, members of Denver for Psilocybin handed in to city officials a pair of municipal initiatives aimed at removing penalties for possessing and consuming the fungi, which contain the psychoactive ingredient psilocybin. That's the first step in a process that could see the issue put before voters in the May 2019 local election.

One measure, the Denver Psychoactive Mushroom Decriminalization Initiative, reflects the activists' maximum program; the other, the Denver Psychoactive Mushroom Enforcement Deprioritization Initiative, is a less ambitious backstop.

Both initiatives would make enforcement of laws against magic mushrooms a low law enforcement priority by adopting language that would "prohibit the city from spending resources to impose criminal penalties for the personal use and personal possession of psychoactive mushrooms." Under both initiatives, the sale of magic mushrooms would remain illegal.

The initiatives differ in two important respects. The broader one allows for the "personal possessions, use, and propagation" of magic mushrooms; the backstop version only allows for possession and use, not propagation. And the broader version contains no limits on possession, while the backstop would limit possession to two ounces.

Kevin Matthews, campaign manager for Denver for Psilocybin, told Westword he hoped the broader measure would pass muster with both city officials and voters, but that allowing propagation may be a bridge too far.

"It’s a natural right. It’s a human right. This one is our Hail Mary victory shot," Matthews said. "It’s more a matter of public opinion," he said of the two-pronged approach. "Are people ready to accept that people are already propagating?"

The Denver City Council now has a week to schedule a comment and review hearing led by Council Executive Director Leon Mason and Assistant City Attorney Troy Bratton. While the hearing is open to the public, there is no opportunity for public comment.

If the council approves, the initiatives then go to the Denver Election Division, which will have three days to decide whether to accept or reject them. Denver for Psilocybin had earlier versions of the initiatives rejected by the Elections Division but hopes it has addressed those issues with the new versions. If approved by the Elections Division, the group will then have to come up with some 5,000 valid voter signatures by January to qualify for the May ballot. They are confident that if they can get the measures on the ballot, they can win.

"I am extremely optimistic. I think we’re gonna win. I think we’re going to pass this thing," he says. Even if voters don't side with the group, "simply getting on the ballot will be a victory."

Denver isn't the only place where moves to legalize or decriminalize magic mushrooms are afoot, but it may be the first place voters get a chance to weigh in. In Oregon, activists aiming at 2020 are working on an initiative that would legalize and regulate the therapeutic use of psilocybin, while just to the south, the California Psilocybin Legalization Initiative campaign tried to get their measure on the 2018 ballot, but came up short on signatures. They will be back.

Magic mushrooms remain illegal under the federal Controlled Substances Act. But so was marijuana when Coloradans voted to legalize it in 2012. And here we are. 

Chronicle AM: Federal Marijuana Research Bill Advances, ACLU Smart Justice Campaign, More... (9/13/18)

A federal marijuana research bill advances (although with an undesirable provision), the ACLU rolls out a national plan to reduce state prison populations by half, and more.

A federal marijuana research bill wouldn't let anyone with a pot conviction participate. (Creative Commons)
Marijuana Policy

North Dakota Officials, Lawmakers Make Huge Stretch in Estimating Legalization Initiative Costs. The state's Office of Management and Budget has released a report on the cost of implementing the Proposition 3 marijuana legalization initiative that vastly overstates the cost by including costs for an education program that the initiative does not mandate. OMB put the cost of implementation at $6.7 million, but $4.4 million would be for a youth education campaign that the state Health Department argued would be necessary. Legislative Democrats sought to approve the fiscal impact statement without the education campaign funding, but were defeated by House Republicans. The fiscal impact also includes $2.2 to pay for clerical costs in expunging some 18,000 marijuana arrest records but does not include any estimate of tax revenues from legal marijuana.

Medical Marijuana

Marijuana Bill Approved by Congressional Committee Approves Medical Marijuana Research Bill, Leaves in Provision Barring People with Drug-Related Misdemeanors. The House Judiciary Committee voted Thursday to approve the Medical Cannabis Research Act, HR 5634. The bill would require the Justice Department to begin issuing more licenses to grow marijuana for research purposes but was controversial with drug reformers because of a provision barring anyone with a "conviction for a felony or a drug-related misdemeanor" from any affiliation with research cultivation operations. "There is no legitimate health or public safety justification for the inclusion of this language and we urge you to strike this unnecessary, punitive ban on individuals with previous drug law violations," reads a letter sent to the committee's leaders on Wednesday by the American Civil Liberties Union, Human Rights Watch, #cut50, the Drug Policy Alliance and other groups. "To help lower recidivism rates and improve public safety, we should be making it easier for people with records to obtain jobs, not more difficult." An effort to amend the bill in committee to remove the provision was halted after Chairman Bob Goodlatte (R-VA) said he would not be opposed to changing the language before it goes to a House floor vote.

Sentencing

ACLU Launches "Smart Justice" Campaign with State-By-State Blueprints for Cutting Incarceration in Half. The American Civil Liberties Union's Campaign for Smart Justice today unveiled the Smart Justice 50-State Blueprints, a comprehensive, state-by-state analysis of how states can transform their criminal justice system and cut incarceration in half. The Smart Justice 50-State Blueprints are the first-ever analysis of their kind and will serve as tools for activists, advocates, and policymakers to push for transformational change to the criminal justice system. They are the result of a multi-year partnership between the ACLU, its state affiliates, and the Urban Institute to develop actionable policy options for each state that capture the nuance of local laws and sentencing practices. The 51 reports -- covering all 50 states and the District of Columbia -- will be released in multiple phases, beginning with an initial rollout of 24 state reports. The reports are all viewable on an interactive website that allows users to visualize the reductions in jail and prison population that would result from the policy decisions that states pursue. The interactive feature is here: https://50stateblueprint.aclu.org

Medical Marijuana Update

The Justice Department is sitting on marijuana research applications, Congress refuses again to let VA docs recommend medical marijuana to vets, a bizarre Arizona appeals court ruling gets appealed, and more.

National

Senate Bill Would Legalize Medical Marijuana For Military Veterans. Sens. Bill Nelson (D-FL) and Brian Schatz (D-HA) last Wednesday filed the Veterans Medical Marijuana Safe Harbor Act, under which Department of Veterans Affairs (VA) doctors could issue medical cannabis recommendations to veterans in states where it is legal. The bill is not yet available on the congressional web site.

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.

Congress Removes Military Veteran Medical Marijuana Provision from Funding Bill. A conference committee working on final details for the Veterans Affairs appropriations bill has decided not to include a provision allowing VA doctors to recommend medical marijuana to veterans. The Senate bill included the provision, but the House version did not. Two years ago, both houses passed VA spending bills that included versions of the provision, but that, too, was excised in conference committee.

Arizona

Arizona Patient Appeals Ruling That Edibles Are Illegal. Rodney Jones, who was convicted of possessing 0.05 ounces of hashish and sentenced to 2 ½ years in prison, is appealing a state Court of Appeals ruling that upheld his conviction. In that ruling, the appeals court held that hashish and edibles made from marijuana extracts are not covered by the state's medical marijuana law and their possession remains a crime. Jones spent a year behind bars awaiting trial and has since been released, but he still wants the conviction overturned and the appeals court's interpretation of the law thrown out.

Connecticut

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."

Mississippi

Mississippi 2020 Initiative Drive Gets Underway. A group called Medical Marijuana 2020 plans to start collecting signatures for a medical marijuana constitutional amendment next week, according to state Rep. Joel Bomgar, a Republican who is on the group's steering committee. The initial draft of the initiative appears very business-friendly, with no caps on the number of dispensaries or processors.

New Mexico

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.

Utah

New Utah Poll Shows Continuing Support for Medical Marijuana Initiative. Despite the Church of Latter Day Saints coming out against the Proposition 2medical marijuana initiative, support for the measure remains strong, a new poll finds. The poll had 64% either "somewhat" or "strongly" in support of the measure.

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

Chronicle AM: Denver Magic Mushroom Initiative; MI, NJ Pot Polls Looking Good, More... (9/12/18)

New polls show strong support for marijuana legalization in Michigan and New Jersey, the Manhattan DA throws out 3,000 pot cases, Denver mushroom activists are pushing a new initiative, and more.

The Denver magic mushroom people are trying another initiative, this one aimed at May 2019 local elections. (Creative Commons)
Marijuana Policy

Michigan Poll Has Marijuana Initiative Winning. Yet another poll has the Proposal 1 marijuana legalization initiative winning in November. A new Detroit News/WDIV-TV poll has the measure winning with 56% support, in line with earlier polls. "What's interesting is how consistent these numbers have been over two years," said pollster Richard Czuba of the Lansing-based Glengariff Group Inc., which conducted the survey. "There are hardly any undecided people left on this issue. It's baked into the electorate."

New Jersey Poll Has a Plurality for Legal Pot, A Majority If It Cuts Taxes. A private survey obtained by NJ Advance Media has support for legalization at 44%, with 31% opposed. But when asked if they supported legalization if it meant less of a tax burden on residents, 53% said yes. The poll comes as legislative leaders and Gov. Phil Murphy (D) prepare to try to push legalization through the legislature this fall.

Manhattan DA Throws Out 3,000 Marijuana Cases. Manhattan District Attorney Cyrus Vance Jr. on Wednesday dismissed more than 3,000 marijuana smoking and possession cases, some of them dating back to 1978. "Outstanding warrants for these low-level cases drive law enforcement and our communities apart," Vance said. "New Yorkers with warrants face unnecessary loss of employment, housing and immigration consequences, and because many of them fear they will be arrested for an open warrant, they don't collaborate with the (New York Police Department) and district attorneys to keep our communities safe." As of September 1, New York City residents are no longer subject to arrest for small-time pot offenses, and now, Vance is undoing some of the past damage.

Medical Marijuana

Arizona Patient Appeals Ruling That Edibles Are Illegal. Rodney Jones, who was convicted of possessing 0.05 ounces of hashish and sentenced to 2 ½ years in prison, is appealing a state Court of Appeals ruling that upheld his conviction. In that ruling, the appeals court held that hashish and edibles made from marijuana extracts are not covered by the state's medical marijuana law and their possession remains a crime. Jones spent a year behind bars awaiting trial and has since been released, but he still wants the conviction overturned and the appeals court's interpretation of the law thrown out.

Psychedelics

Denver Activists Look to May 2019 Magic Mushroom Initiative. Members of a group calling itself Denver for Psilocybin submitted two initiatives Monday that would essentially allow city residents to consume psychedelic mushrooms without facing legal trouble. Both initiatives would "prohibit the city from spending resources to impose criminal penalties for the person use and possession of psychedelic mushroom" and neither allows for the sale of the famous fungi. One initiative would decriminalize "the personal possession, use, and propagation" of magic mushrooms with no amount limits, while a second, backup initiative would only decriminalize use and possession -- not propagation -- and set a possession limit of two ounces. The initiatives must now be approved by city officials before they can go to the signature-gathering phase.

Chronicle AM: No MedMJ for Vets This Year, Senate Takes Up Opioid Package, More.... (9/11/18)

A congressional conference committee has killed medical marijuana for veterans, the Senate is set to take up a package of opioid bills, the West African Commission on Drugs releases a model law for drug decriminalization, and more.

West African Commission on Drugs founder Kofi Annan. He may be gone, but his work lives on. (Creative Commons)
Marijuana Policy

California Governor Vetoes Mandatory Minimum Penalties for Pot Shops That Sell to Minors. Gov. Jerry Brown (D) on Monday vetoed a bill that set mandatory minimum penalties for marijuana shops caught selling weed to minors. The bill would have imposed mandatory 15-day license suspensions for a first offense, 25-day suspensions for a second, and revocation for a third offense. But "this bill is not necessary," Brown said. "The bureau already has the authority to revoke, suspend, and assess fines if a licensee sells to a minor."

Medical Marijuana

Congress Removes Military Veteran Medical Marijuana Provision from Funding Bill. A conference committee working on final details for the Veterans Affairs appropriations bill has decided not to include a provision allowing VA doctors to recommend medical marijuana to veterans. The Senate bill included the provision, but the House version did not. Two years ago, both houses passed VA spending bills that included versions of the provision, but that, too, was excised in conference committee.

Heroin and Prescription Opioids

Senate Expected to Vote on Opioid Legislation This Week. Senate leaders announced late last week they had reached an agreement to bring a package of bills aimed at the opioid crisis to a Senate floor vote this week. The Senate will consider a substitute amendment to the opioids package that passed the House in June. Progress had stalled over Democratic concerns that a grant program would benefit only one addiction advocacy group. That has now changed. There remains a divergence between the House and Senate packages regarding requirements for Medicaid to cover treatment at more inpatient facilities and loosening privacy protections for medical records for substance abuse patients.

Sentencing Policy

Ohio Governor Candidates Clash Over Drug Possession Defelonization Initiative. Buckeye State voters will have a chance to vote to defelonize drug possession in November with the Issue 1 constitutional amendment initiative. The amendment would also bar any jail time for a first or second offense within 24 months. Mike DeWine, the Republican candidate for governor, opposes it, saying it "takes vital tools away from judges." Democratic candidate for governor Richard Cordray, however, supports it, saying its passage would "set the way toward a policy of being smart on crime in the future, smart on how we use taxpayers' dollars, smart on how we build people's potential to be productive citizens in our society."

International

Expert Group Publish Blueprint for West Africa Drug Decriminalization. The West Africa Commission on Drugs has published a "model law" for decriminalizing drug possession and reducing related harms in West Africa. The commission is currently chaired by former Nigerian President Olusegun Obasanjo, who said on Tuesday: "West Africa faces three dangers from drugs: organized crime, corruption, and harms to people who use drugs. Our current laws increase those harms rather than help,"

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: 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.

Medical Marijuana Update

A group of federal lawmakers asks the VA to study medical marijuana as an alternative to opioids, Michigan could loosen up a bit, Ohio sees delays, and more.

National

Lawmakers Ask VA Secretary to Research Marijuana as Alternative to Opioids. A bipartisan group of legislators sent a letter last Thursday to Veterans Affairs Secretary Robert Wilkie asking him to begin a "rigorous clinical trial" of medical marijuana for PTSD and chronic pain. "We believe VA has the authority, ability, and capacity to carry out such a study," they wrote. "Many of our nation's veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy." Signatories to the letter were Rep. Phil Roe (R-TN)., Sen. Dan Sullivan, (R-AK), along with Democrats Sen. Jon Tester of Montana and Rep. Tim Walz of Minnesota.

Connecticut

Connecticut Regulators Add New Qualifying Conditions. The General Assembly's Regulations Review Committee has released updated medical marijuana regulations that add new qualifying conditions for adults and children. The conditions include spasticity or pain associated with fibromyalgia, severe rheumatoid arthritis, post-herpetic neuralgia, hydrocephalus with intractable headache, neuropathic facial pain, and muscular dystrophy.

Michigan

Michigan Regulators Propose Allowing Online Orders, Home Delivery. The state's Bureau of Medical Marijuana Regulation has proposed a rule to allow online orders and home delivery. The rule is aimed at helping people who don't live near a marijuana supplier. A public hearing is set for next month.

Ohio

Ohio Regulators Say State Will Not Meet Saturday Deadline for Medical Marijuana. Officials with the State Medical Board, Board of Pharmacy, and Board of Commerce say they will not be able to meet a Saturday deadline for getting the state's medical marijuana program up and running. Some licenses have been issued, but no growers yet have crops ready to go to market.

Utah

Utah Initiative Campaign Files Election Complaint Over Opposition Radio Ad. The Utah Patients Coalition Tuesday filed a complaint with the lieutenant governor's office about an ad from Drug Safe Utah that declares "Prop 2 is actually about recreational use and not medical." "DSU has published a false statement in relation to Prop 2, a ballot measure, that will affect how people vote in the November election. We therefore request the Elections Division to order DSU to immediately cease and desist all such claims regarding Prop 2 being an attempt to legalize 'recreational use,'" the complaint reads. Drug Safe Utah said it stood by its ad.

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

Chronicle AM: Malaysia Death Sentence for Cannabis Oil, OH MedMJ Delays, More... (9/5/18)

A Malaysian court has sentenced a man to death for providing cannabis oil to patients, a group of lawmakers asks the VA to study medical marijuana as an alternative to opioids, and more.

Ohio medical marijuana patients will have to wait a little longer.
Medical Marijuana

Lawmakers Ask VA Secretary to Research Marijuana as Alternative to Opioids. A bipartisan group of legislators sent a letter last Thursday to Veterans Affairs Secretary Robert Wilkie asking him to begin a "rigorous clinical trial" of medical marijuana for PTSD and chronic pain. "We believe VA has the authority, ability, and capacity to carry out such a study," they wrote. "Many of our nation's veterans already use medicinal cannabis, and they deserve to have full knowledge of the potential benefits and side effects of this alternative therapy." Signatories to the letter were Rep. Phil Roe (R-TN), Sen. Dan Sullivan, (R-AK), along with Democrats Sen. Jon Tester of Montana and Rep. Tim Walz of Minnesota.

Ohio Regulators Say State Will Not Meet Saturday Deadline for Medical Marijuana. Officials with the State Medical Board, Board of Pharmacy, and Board of Commerce say they will not be able to meet a Saturday deadline for getting the state's medical marijuana program up and running. Some licenses have been issued, but no growers yet have crops ready to go to market.

Utah Initiative Campaign Files Election Complaint Over Opposition Radio Ad. The Utah Patients Coalition Tuesday filed a complaint with the lieutenant governor's office about an ad from Drug Safe Utah that declares "Prop 2 is actually about recreational use and not medical." "DSU has published a false statement in relation to Prop 2, a ballot measure, that will affect how people vote in the November election. We therefore request the Elections Division to order DSU to immediately cease and desist all such claims regarding Prop 2 being an attempt to legalize 'recreational use,'" the complaint reads. Drug Safe Utah said it stood by its ad.

International

Death Sentence for Malaysia Man Who Gave Patients Free Cannabis Oil. A Malaysian court has sentenced a man to death for processing cannabis oil and distributing it to patients. Muhammed Lukman was sentenced on August 30 after being convicted of possessing, processing, and distributing cannabis oil. There is no allegation that Lukman profited from his activities, but he was still found guilty of violating a provision of the country's Dangerous Drug Act that mandates the death penalty. Malaysia is one of at least 33 countries that resort to the death penalty for drug offenses.

Chronicle AM: Colombia Moves Backwards on Drug Policy, NYPD Pot Arrests Now Halted, More... (9/4/18)

Colombia's new president moves resolutely backward on drug policy, New York City's era of mass marijuana possession arrests is over, the California legislature has been busy, and more.

The era of New York City as the world's marijuana arrest capital has come to an end. (Creative Commons)
Marijuana Policy

California Lawmakers Pass Bill that Will Support Local Cannabis Equity Programs to Increase Representation in the Industry by Persons from Communities Most Harmed by Cannabis Prohibition. The legislature has approved Senate Bill 1294, which helps create equity in the cannabis industry through the distribution of grants to localities offering assistance to persons most harmed by cannabis prohibition and generational poverty. SB 1294 will offer grants to localities with existing equity programs -- such as Los Angeles, Oakland, Sacramento, and San Francisco -- to support them as they offer equity-qualifying applicants and licensees business loans and grants, regulatory compliance and technical assistance, and licensing fee waivers. SB 1294 reflects a nationwide movement to ensure that this growing industry is representative and accessible to all persons, no matter their financial or criminal history background. Advocates, entrepreneurs, and local governments now call on Gov. Jerry Brown (D) to sign this important measure.

Delaware Governor Signs Marijuana Expungement Bill Into Law. Gov. John Carney (D) last Friday signed into law Senate Bill 197, which "provides mandatory expungement eligibility to individuals who were convicted of the possession [of one ounce or less], use or consumption of marijuana prior to Delaware's decriminalization of these offenses." The provision only applies to people who have no other criminal convictions on their records.

New York City Change in Marijuana Arrest Policy Now in Effect. As of Saturday, the NYPD is no longer arresting people for small-time marijuana use or possession in most cases. The city arrested more than 10,000 people on such charges last year. Officials said the change came because the arrests had nothing to do with public safety and were racially disproportionate. "Our new policy, we're going to see a humongous drop in people in communities of color being arrested for marijuana," NYPD Chief Rodney Harrison said. "And that was one of the whole goals of this whole new policy."

New Psychoactive Substances

DEA Makes Synthetic Cathinone Schedule I Substance. The DEA last Friday announced it was placing the synthetic cathinone N-Ethylpentylone into Schedule I of the Controlled Substances Act. This is a temporary scheduling action good for up to 24 months, during which time research will be conducted to see if the drug should be permanently scheduled. DEA said the drug was linked to 151 deaths in the US since 2015.

Sentencing Policy

California Lawmakers Pass Bill Giving Judges the Power to Set Aside Ineffective and Punitive Five-year Sentence Enhancement. The legislature last Friday gave final approval to Senate Bill 1393, which would restore judicial discretion to the application of a five-year sentence enhancement for each prior serious felony on a person's criminal record. Current law requires judges to add an additional five-years to cases, even when the judge believes that the punishment is unjust and unwarranted. If signed into law, judges would have maximum flexibility during the penalty phase of a trail to impose, or not impose, the additional five-years. A coalition of people who are directly impacted, their families, service providers, and advocates now call on Gov. Jerry Brown (D) to sign this important measure.

International

Colombian President Moves to Recriminalize Drug Possession. President Ivan Duque announced on Sunday measures to give police the power to seize personal use quantities of drugs that had previously been legalized. "This week will sign the decree through which, in development of the police code 02 of the 2009 legislative act, we will give the authorities tools to confiscate any dose of drugs or hallucinogens in the streets of Colombia, and thus face the root of micro-trafficking problems," said Duque. The measures would appear to contradict rulings by the country's Constitutional Court, which in 2012 approved the decriminalization of small amounts of cocaine and marijuana for personal use.

Drug War Issues

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