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Chronicle AM: Senate Passes Sentencing Reform Bill, NM Sued Over MedMJ Rules and Fees, More... (12/19/18)

A major sentencing reform bill takes a major step toward becoming law, a New Mexico medical marijuana producer is suing the state over rules and fees, and more.

Some federal drug prisoners will get relief under the bill passed by the Senate Tuesday. (nadcp.org)
Medical Marijuana

Arkansas Delays Dispensary License Announcement. The state Medical Marijuana Commission announced Tuesday it would delay its meeting to announce licenses for state dispensaries. The commission was originally scheduled to meet today but postponed that meeting until January 9. The state plans to allow dispensaries to operate in somewhere between 20 and 32 sites.

New Mexico Sued Over Edibles Rules. The state's largest medical marijuana producer has filed a lawsuit against the state health department over regulations governing edibles, salves, lotions, and other products infuse with marijuana. Ultra Health argues that the department doesn't have the authority to license legal marijuana manufacturers and that the fees are too high.

Heroin and Prescription Opioids

DC Council Votes to Approves Opioid Treatment Bill. The DC Council voted Tuesday to advance the Opioid Use Disorder Treatment & Safe Access Amendment Act of 2018, legislation that would help curb the overdose crisis in the Nation's capital. The omnibus bill includes provisions that make the temporary emergency measure that decriminalizes drug checking kits permanent, removes restrictions on syringe exchange programs, and expands access to medication-assisted treatment in the District. The bill now goes to the mayor for final approval.

Sentencing Reform

Senate Passes Prison and Sentencing Reform Bill. The Senate approved the First Step Act (S.3649) on a vote of 87-12 on Tuesday. The bill contains prison reform language as well as provisions that would reduce sentences for certain drug offenses, including retroactivity for the Fair Sentencing Act (the 2010 law that reduced the crack/powder cocaine sentencing disparity), allowing the potential release of around 2,600 people; expansion of the "safety valve" allowing judges more discretion to sentence beneath mandatory minimum sentences; reform of the "three strikes" law, reducing the "second strike" mandatory minimum of 20 years to 15 years, and reducing the "third strike" mandatory minimum of life-in-prison to 25 years; and eliminating "stacking" for firearm offenses, meaning that prosecutors cannot add sentencing enhancements to individuals who may possess a firearm while committing their first federal offense. The bill now goes back to the House, which is expected to easily pass, and then to the desk of President Trump, who has vowed to sign it.

Chronicle AM: Federal Sentencing Bill Moving, No NJ Legalization This Year, More... (12/18/18)

The Senate is finally taking up the prison and sentencing reform bill, New Jersey's legalization push is stalled until next year, New Zealand is set to vote on legalizing marijuana in 2020, and more.

Things are getting busy at the Capitol in the last days of the congressional session. (Creative Commons)
Marijuana Policy

Colorado Senator Proposes States' Rights Amendment to Criminal Justice Reform Bill. Sen. Cory Gardner (R-CO) on Monday filed an amendment to the First Step Act (S.3649) that would incorporate some of the protections for state-legal marijuana that he has proposed in his own STATES Act (S.3032). The amendment's prospects aren't rosy, though: It will take unanimous consent to get the amendment considered, meaning an objection from a single senator can kill it.

New Jersey Legalization Bill Delayed Until Next Year. With the final voting day of the legislative session yesterday and no action on marijuana, marijuana legalization is now delayed until next year. Senate President Steven Sweeney (D-Glouchester) said legislators were unable to reach agreement with Gov. Phil Murphy (D) on how and how much to tax it, so they'll be back to work on in January.

Medical Marijuana

Pennsylvania Issues Permits for Phase II Medical Marijuana Dispensaries. The Department of Health Tuesday issued 23 dispensary permits for Phase II of the medical marijuana program. The permittees will now have six months in which to become operational before they can begin dispensing medical marijuana. "The permitting of these locations as part of Phase II of the medical marijuana program will ensure more people have access to medical marijuana close to home," Secretary of Health Dr. Rachel Levine said. "Medical marijuana is an essential form of treatment for Pennsylvanians suffering from one of 21 serious medical conditions. This step continues the growth of our scientific, medically-based medical marijuana program."

Sentencing Reform

Senate Ends Debate on First Step Act, Final Senate Vote Pending. The Senate voted 82-12 Monday to end debate on the prison and sentencing bill, the First Step Act (S.3649), paving the way for a final Senate vote as early as today. Twelve Republicans voted against advancing the legislation despite President Trump endorsing the bill in November: Before the final vote, though, the Senate will take up a number of amendments, including one from conservative Sens. Tom Cotton (R-AR) and John Kennedy (R-AL) that Democrats who favor the bill describe it as a "poison pill."

International

New Zealand Says Voters Will Decide Whether Cannabis Is Legalized. Justice Minister Andrew Little has announced that New Zealanders will vote in a binding referendum in 2020 on whether to legalize marijuana. That would make the country the first to put legalization to a nationwide vote. The latest polls on legalization have support at 46% with 41% opposed, but one analyst said the trend was moving "toward liberalization."

Chronicle AM: NY Gov Wants Legal Marijuana in 2019, UT Offenders' Drug Treatment Report, More... (12/17/18)

The governors of New Hampshire and New York have very different views on marijuana legalization, New Jersey doubles the number of dispensaries, a new report examines drug treatment for criminal offenders in Utah, and more.

New York Gov. Andrew Cuomo now says free the weed. (Creative Commons)
Marijuana Policy

Michigan Bill to Ban Marijuana Home Grows Defeated. A bid by the outgoing Republican Senate to undo the will of the voters by amending the state's new marijuana legalization law to ban home cultivation has failed by failing to obtain a supermajority. The bill sponsored by Senate Majority Leader Arlan Meekhof (R-Grand Rapids) needed three-quarters of the vote to pass. Meekhof is sad now: "I'm very disappointed. I knew it would be a heavy lift," he said. "What we're going to be allowing to happen is going to make our society less safe," he complained without explaining how or why.

New Hampshire Governor Rails Against Legalization. Gov. Chris Sununu (R) isn't exactly climbing on the marijuana bandwagon. In remarks over the weekend, he said preventing legalization would be one of the biggest fights for his administration, and that he would "absolutely" veto any legalization bill "regardless of what the language looks like." Still, he was cognizant that the trends aren't on his side. "But then there's a good chance that veto could get overruled," he conceded.

New York Governor Calls for Legalization in 2019. In a Monday speech outlining his 2019 agenda, Gov. Andrew Cuomo (D) called for freeing the weed. "Let's legalize the adult use of recreational marijuana, once and for all," Cuomo said. He is also reportedly exploring whether to make expungement part of the push.

Medical Marijuana

New Jersey Just Approved Six More Dispensaries. The state Department of Health on Monday effectively doubled the size of its medical marijuana program by approving six additional dispensaries. There are only six in the state right now. Click on the link to see the list.

Drug Treatment

Utah Report on Treating People in the Criminal Justice System. The Utah Foundation has released Rethinking Rehabilitation: Improving Outcomes for Drug-Addicted Offenders in Utah. The report explains efforts to address addiction within the context of the justice system in Utah and explores alternative approaches for people struggling with substance use disorders. It also sets forth policy guidance for future action. Among the report's key findings are that efforts to reduce the state prison population appear to be bearing fruit. However, the populations of local jails in Utah are rising, and local facilities often lack the drug treatment programs found in state prisons. Another key finding is that investments in drug rehabilitation for offenders can yield significant savings to taxpayers in the long run.

Chronicle AM: NJ Legalization Delayed, NM Court Rejects Albuquerque Car Seizures, More.. (12/14/18)

A national coalition of civil rights, labor, and civic groups calls for descheduling marijuana; New Jersey isn't quite there yet, France takes a step toward allowing medical marijuana, and more.

still waiting for Garden State marijuana legalization (Creative Commons)
Marijuana Policy

National Coalition Calls for Marijuana to Be Descheduled. A coalition of civil rights groups, labor unions, and other groups is calling not only for Congress to deschedule marijuana but also for it to ensure that communities most harmed by pot prohibition see benefits. The coalition includes AARP, the AFL-CIO, and the League of Women Voters. "Pass legislation de-scheduling marijuana with racial equity and justice reform components," the Leadership Conference on Civil and Human Rights said in a letter outlining priorities for the coalition in the 116th Congress that begins in January.

New Jersey Legalization May Not Happen Until Next Year. Senate President Steve Sweeney and Assembly Speaker Craig Coughlin met with Gov. Phil Murphy (D) Thursday for a closed-door meeting to discuss marijuana legalization but made no decision. The lawmakers now say a vote may not take place until next year, even though Murphy wanted it in the first 90 days of his term.

Asset Forfeiture

New Mexico Appeals Court Rules Against Albuquerque Asset Forfeiture Law. The state Court of Appeals has ruled that Albuquerque's municipal vehicle seizure program is not only pre-empted by the state's law governing seizures, it "completely contradicts it." The city can only seize vehicles after a criminal conviction, the court held. "While the language of the NMFA does not prohibit municipalities from enacting and enforcing criminal forfeiture proceedings, it restricts forfeiture to criminal proceedings, and imposes specific requirements on any criminal forfeiture proceedings that must comport with… the NMFA."

International

France Moves Toward Allowing Medical Marijuana. A government-appointed committee has given initial approval for the use of medical marijuana. The Agency for Drug Safety has concluded that it is "relevant to authorize the use of cannabis for therapeutic purposes for patients in certain clinical situations." If a patient is receiving insufficient relief from current therapeutics, cannabis represents a viable alternative, the committee decided.It said people with chronic pain, cancer patients, epilepsy, and multiple sclerosis sufferers and patients in palliative care could all benefit from cannabis use.

Chronicle AM: Congress Passes Hemp Bill, CDC Report on Overdose Deaths, More... (12/13/18)

Congress has passed a bill to legalize hemp, the CDC issues a new report on overdose deaths, St. Vincent and the Grenadines legalizes medical marijuana, and more.

Fentanyl is now the leading drug implicated in overdose deaths, according to the CDC. (Creative Commons)
Marijuana Policy

Colorado Senator Seeks to Add Marijuana Amendment to Criminal Justice Bill. Sen. Cory Gardner (R-CO) will try to add an amendment to the pending prison and sentencing reform bill that would effectively end federal marijuana prohibition. Gardner seeks to add his STATES Act (S.3032) as the amendment. That would allow states to implement their own pot laws without fear of federal interference.

California Regulators Issue Final Version of Regulations. California marijuana regulations are now set after regulators issued their third and final version of the rules. Among the highlights: Deliveries will be allowed statewide, contract manufacturing will be allowed (licensed companies make and package products for unlicensed companies), and regulations for childproof packaging have changed to place the burden on retailers.

St. Paul City Council Backs Resolution To Legalize Recreational Marijuana. Minnesota's second largest city now officially supports marijuana legalization. The city council voted 6-1 Wednesday to support a resolution calling for it. Governor-Elect Tim Walz (DFL) is also down with the idea.

Medical Marijuana

Nebraska Medical Marijuana Initiative Campaign Gets Underway. Two state senators, Anna Wishart, and Adam Morfeld, both Democrats from Lincoln, announced Thursday that they had created a campaign committee to put a medical marijuana constitutional amendment on the 2020 ballot. The committee is Nebraskans for Sensible Marijuana Laws.

Industrial Hemp

Congress Approves Industrial Hemp Legalization. Hemp, hemp, hooray! With a final vote in the House on Wednesday, the 2018 Farm Bill, complete with a provision legalizing domestic hemp production, was approved by Congress and now heads for the president's desk. The bill clears the way for American farmers to participate in what is already a billion-dollar domestic hemp industry that is currently reliant on foreign imports.

Opioids

Fentanyl Now the Most Common Drug in Fatal Overdoses, CDC Reports. Fentanyl is now the most commonly used drug involved in drug overdoses, according to a new report from the Centers for Disease Control and Prevention. Fentanyl was involved in more than 30,000 overdose deaths, while second place heroin was implicated in more than 27,000 deaths. There were some 63,000 overdose deaths in 2016, many of them involving multiple substances.

International

Saint Vincent and the Grenadines Pass Medicinal Marijuana Bill. Saint Vincent and the Grenadines (SVG) has become the first Organization of Eastern Caribbean States Member State to decriminalize marijuana for medical purposes and scientific research. "There is broad recognition and buy-in of the economic benefits this tightly controlled and regulated industry is expected to bring in terms of direct employment, the creation of support industries and foreign investment," said Agriculture Minister Saboto Ceaser.

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: 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.

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: Denver to Expunge Pot Convictions, Columnist Calls for Prescription Heroin, More... (12/5/18)

 A Washington Post columnist calls for prescription heroin, the federal hemp bill will apparently ban the participation of people with drug felonies, Denver joins the movement to expunge old pot convictions, and more.

Prescription heroin--Washington Post columnist suggests it could save lives in the face of fentanyl. (Creative Commons)
Marijuana Policy

Denver Becomes Latest City to Expunge Low-Level Marijuana Offenses. Mayor Michael Hancock announced Tuesday that his administration will "move to vacate low-level marijuana convictions for Denver residents." The move comes after months of preliminary work by the Office of Marijuana Policy and the City Attorney's Office. "For too long, the lives of low-income residents and those living in our communities of color have been negatively affected by low-level marijuana convictions," Hancock said in a press release. "This is an injustice that needs to be corrected, and we are going to provide a pathway to move on from an era of marijuana prohibition that has impacted the lives of thousands of people."

Industrial Hemp

Federal Bill to Legalize Hemp Bans Drug Felons from Participating. Congressional negotiators have agreed on compromise language for the hemp provision of the farm bill that would ban people with felony drug convictions from participating in the hemp industry. The ban was inserted into the Senate version of the bill late in the process and over the objections of drug policy reformers. It's not quite a done deal—the language could be changed in conference committee—but at this point, it looks like the ban is in.

Heroin and Prescription Opioids

Washington Post Columnist Calls for Prescription Heroin. In a piece published Tuesday, Washington Post columnist Megan McArdle has called for access to prescription heroin in a bid to prevent fentanyl-related overdose deaths. In the column titled An Incredibly Unpopular Idea That Could Stem Heroin Deaths, McArdle notes that "most people don't want addiction made safer or easier; they want it stopped, cold…but you don’t free slaves by killing them, and as long as fentanyl suffuses the illicit drug markets, that’s what a 'tough love' policy amounts to." Harm reduction measures and increased access to treatment would help, McArdle writes, but "lowering the death toll may well require a more drastic step: legalizing prescriptions of stronger opiates. Prescription heroin? Remember, I said you might not like the solution. I don’t like it, either — and frankly, neither do the drug policy researchers who told me it may be necessary. But when fentanyl took over the U.S. illicit drug markets, it also got a lot of addicts as hostages. We’ll never be able to rescue them unless we can first keep them alive long enough to be saved."

Asset Forfeiture

Nashville Bends to Police Pressure, Extends Federal "Equitable Sharing" Program. Under pressure from local law enforcement and seeking to avoid raising taxes, the Nashville Metro Council voted 25-5 to renew its participation in the federal asset forfeiture equitable sharing program, which allows state and local law enforcement agencies to divert drug-related cash seizures to the federal government, which in turn returns 80% of the booty back to the seizing agency. 

Drug War Issues

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