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Chronicle AM: Feds Cracking Down on Fentanyl OD Deaths, OK Revises MedMJ Rules, More... (7/30/18)

A bill to protect marijuana-using federal workers in states where it is legal is filed, federal prosecutors are going hard after dealers linked to fatal fentanyl overdoses, the Republic of Georgia ends administrative punishments for marijuana use, and more.

The feds are meting out stiff sentences to dealers of fentanyl whose product kills people. (Creative Commons)
Marijuana Policy

New Federal Bill Would Block Federal Government from Firing Workers for Positive Pot Test Results in States Where It Is Legal. US Reps. Charlie Crist (D-FL) and Drew Ferguson (R-GA) filed the "Fairness in Drug Testing Under State Law Act" last Thursday. The bill would protect federal workers from being fired for testing positive for marijuana if they reside "in a state where that individual's private use of marijuana is not prohibited." The bill is not yet available on the congressional website.

Oklahoma Legalization Initiative Campaign in Final Days of Signature-Gathering. Green the Vote announced Sunday that it now has more than 132,000 raw signatures aimed at earning a place on the ballot for its legalization initiative, State Question 797. The group needs about 124,000 valid voter signatures and has until August 8 to hand in more signatures. The rule of thumb is that 20% to 30% of raw signatures may be found invalid, meaning Green the Vote can't really rest easy until it has around 180,000 raw signatures. Even if the group comes up with enough valid signatures, it would still face timeline to being approved for the November ballot because it is bumping up against deadlines for getting the measure approved by the governor and the state supreme court.

Medical Marijuana

Oklahoma Health Officials Revise Proposed Medical Marijuana Rules. The Department of Health last Friday released new proposed medical marijuana rules that remove some of the most criticized provisions of its first swing at the issue. The rules no longer ban the sale of smokable marijuana or require female patients to get a pregnancy test (!). The department also ditched a rule that limited the amount of THC in marijuana products.

Asset Forfeiture

Coalition of Public Policy Groups Calls on House to Limit Civil Asset Forfeiture. A broad coalition of public policy organizations last Thursday submitted a letter to the US House of Representatives, urging members of Congress to limit civil asset forfeiture through amendments to the Commerce, Justice, Science, and Related Industries (CJS) appropriations bill. "Current law allows law enforcement to confiscate property from innocent Americans without charging anyone with a crime," the letter says. "When citizens object, they encounter a system that is stacked against them procedurally and that treats them as presumptively guilty. This unpopular practice, known as civil forfeiture, is an affront to property rights and civil liberties and must be banned or reformed as soon as possible, but the immediate priority should be to amend the CJS appropriations bill when it is considered in the House of Representatives in order to roll back the Department of Justice's unjustified expansion of this practice. Click on the link to a see a list of the signatory groups.

Heroin and Prescription Opioids

The Feds Are Prosecuting Fentanyl Overdose Deaths as Homicides in Crackdown on Opioid Dealers. Federal prosecutors are increasingly treating fentanyl overdose deaths as homicides as they crack down by punishing opioid dealers with ever more severe prison sentences. They are using charges that carry lengthy mandatory minimum sentences. In one case, a dealer charged with distributing fentanyl that resulted in the overdose of a New Hampshire man got a 20-year mandatory minimum sentence. Federal fentanyl prosecutions have nearly tripled, with 51 cases in FY 2016 to 181 in FY 2017. Last year, 95 people nationwide received federal prison sentences for distributing drugs resulting in death or serious injury, nearly double the number in 2014, according to the US Sentencing Commission.

International

Georgia Constitutional Court Outlaws All Punishment for Marijuana Consumption. The Constitutional Court ruled Monday that people can no longer be hit with administrative punishments, such as fines, for using marijuana. The decision goes into effect immediately and comes eight months after the same court abolished criminal penalties for marijuana use. Using marijuana is "an action protected by the right to a person's free development," the court held. Cultivation and distribution of marijuana remain criminal offenses.

New Jersey Suspends All Marijuana Prosecutions -- At Least Until Fall

State Attorney General Gurbir Grewal has shaken up New Jersey's marijuana politics with an announcement Tuesday that he has ordered county and municipal prosecutors to defer all marijuana-related cases until early September. The move was an unexpected response to a squabble over whether a city in the state could decriminalize pot possession on its own.

Last week, Jersey City Mayor Steven Fulop moved to unilaterally decriminalize small-time pot possession in his city. State Attorney General Gurbir Grewal told him he couldn't do that. In a letter last Friday, Grewal declared that his office "takes no position" on marijuana legalization or decriminalization, by warned Fulop he was exceeding his authority.

"I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal wrote. "Accordingly, I am instructing you that your memorandum is void and has no effect."

But by Monday, Grewal was singing a different tune -- one that will affect thousands of people currently facing marijuana charges in the state. According to Politico, Grewal met with Jersey City officials that day and then agreed to create a working group to set a statewide policy for prosecutors by the end of August. Both the Jersey City prosecutor and the Hudson County (home of Jersey City) prosecutor will be part of the group.

"In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court," Grewal wrote in a letter to prosecutors. "This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors."

The move comes as the legislature, with the encouragement of Gov. Phil Murphy (D), ponders a pair of legalization bills, S 2702 and S 2703, filed by Senate President Steve Sweeney (D-Gloucester) and Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland). On Monday, Sweeney announced he would combine the bills, tying legalization to an expansion of the state's medical marijuana program.

Murphy had vowed to legalize marijuana within 100 days of his January inauguration, but that hasn't happened yet. That's due in part to opposition from the likes of state Sen. Ronald Rice (D-Essex), head of the Legislative Black Caucus, who favors decriminalization over legalization, and who just last week was warning that legalization could lead to "sex toys and oils with marijuana," among other horrible consequences.

On Tuesday, Gov. Murphy reiterated that decriminalization wasn't enough. "On the surface, [decriminalization] is intoxicating," Murphy told reporters at a joint appearance with Sweeney. "You think it's a step in the right direction but it actually leaves the business in the hands of the bad guys. Your kids are exposed, it's not regulated, it's not taxed. So I'll leave the specifics of that to the attorney general, but that's a conceptual answer."

Legalization is "the bigger lift," Murphy said. "The Senate president is leading that. I'm all in. I think the Assembly speaker... is all in."

Whether the governor and the legislative leadership can get it done this year remains to be seen. And so does whether the era of prosecuting people for pot in New Jersey is over once and for all, and not just for the next couple of months.

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

Why Does the New York State Department of Health Want to Legalize Marijuana?

Acknowledging that his previous opposition to marijuana legalization was being undercut by popular opinion and the spread of legalization in nearby states such as Maine, Massachusetts, and Vermont, New York Gov. Andrew Cuomo (D) in January called for an assessment of the possible impact of legalizing the herb in the state. The state Health Department was charged with the task.

It reviewed the possible health, public health, public safety, criminal justice, economic, and educational impacts of shifting from pot prohibition to a system allowing for the legal, regulated production, distribution, and use of marijuana. To do so, the department examined the experience of legalization in other states as well as conducted an extensive analysis of peer-reviewed literature on the subject. It also consulted with other state agencies and experts in the fields of public health, mental health, substance use disorders, public safety, transportation, and economics to help come up with a comprehensive review.

Last week, the Health Department released itsreport. Here is its bottom line:

"The positive effects of a regulated marijuana market in NYS outweigh the potential negative impacts. Areas that may be a cause for concern can be mitigated with regulation and proper use of public education that is tailored to address key populations. Incorporating proper metrics and indicators will ensure rigorous and ongoing evaluation."

In other words: Just legalize it.

So, how did the Health Department support this conclusion? The report's executive summary lays out its findings in the realms of health, the criminal justice system, economic impact, and the impact of legalization in nearby states. (Click on the summary for a full explanation of the logic behind the bullet points below.)

Health

  • Regulating marijuana reduces risk and improves quality control and consumer protection.

  • Marijuana may reduce opioid deaths and opioid prescribing.

  • Marijuana has intrinsic health benefits and risks.

  • Marijuana can have effects on mental health.

  • Regulation leads to little or no increase in adult use, and there is little evidence that regulation leads to an increase in use by youth.

  • Regulating marijuana may lead to a reduction in the use of synthetic cannabinoids/novel psychoactive substances.

Criminal Justice

  • Marijuana prohibition results in disproportionate criminalization of racial and ethnic minority groups.

  • Incarceration has a negative impact on families and communities.

  • Research is varied on the impact of regulated marijuana on motor vehicle traffic crashes.

Economics

  • Regulating marijuana will create jobs.

  • Market size and potential State revenues. The department estimated annual state marijuana sales revenues at between $1.7 billion and $3.5 billion, with estimated state and local tax revenues at somewhere between $248 million and $677 million, depending on sales and tax rates.

  • Marijuana regulation could generate long-term cost savings.

Impact of Legalization in Surrounding Jurisdictions

  • Consumers are likely to cross borders to obtain marijuana, committing a federal felony in the process.

  • Legalization of marijuana causes a sharp increase in marijuana possession arrests in border counties of neighboring states.

  • Legalization in neighboring jurisdictions raises the likelihood of revenue flowing from New York into those jurisdictions.

In its conclusion, the report called for harm reduction principles to be an integral part of legalization and pointed out that legalization would allow regulation (which prohibition prevents) for "quality control and consumer protection." It also emphasized that tax revenues could "support community reinvestment" and that legalization would "reduce disproportionate criminalization and incarceration of racial and ethnic minority communities."

That last point is a fundamental justice issue. As the report notes, in the past 20 years, more than 800,000 people have been arrested just for pot possession in the state, the vast majority of them young people of color.

The Drug Policy Alliance (DPA), which has been advocating for marijuana legalization in the state (and elsewhere) for years, pronounced itself pleased with the report's conclusions and urged Albany to get moving. A legalization bill, theMarihuana Regulation and Taxation Act (S.3040), is currently under consideration by the legislature and should be acted on, the group said.

"We are pleased that the governor and the State Department of Health have fully studied the existing evidence and accurately concluded that legalizing marijuana for adult use is the right choice for New York. Marijuana prohibition has devastated our communities, saddled hundreds of thousands with criminal records, acted as an easily accessible tool for racially biased policing, and stunted the opportunities for entire generations of mostly New Yorkers of color," said DPA policy coordinator Chris Alexander.

"Now that the report has been released and its conclusions presented, we are hopeful that the Governor and the Legislature can fully shift to examining the 'how' and move on from the 'if.' Any movement to legalize marijuana must also include broad record clearing provisions, must create a diverse and inclusive industry, and guarantee significant community reinvestment to repair the harm that has been done. We look forward to engaging with the governor's office and the legislature on the ways to best move New York forward."

Will Albany act to make New York the next state to free the weed? It wouldn't take an act of political courage: Some 62 percent of New Yorkers support making marijuana use legal for adults over 21, and more than 60 percent support taxing and regulating marijuana as a way to address the state's looming budget deficit.

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

Medical Marijuana Update

Michigan's Court of Appeals issues a strange ruling and the fight over what Oklahoma's medical marijuana program will look like continues.

Michigan

Michigan Appeals Court Rules Freshly Harvested Marijuana is Illegal Under State Medical Marijuana Law. In a bizarre ruling, the state Court of Appeals held Tuesday that marijuana harvested but not yet fully dried is not "usable" and thus not covered by the state's medical marijuana law. That means a person can be arrested for having it even if he or she is a licensed grower.

Oklahoma

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said last Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced last Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana. "Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

Oklahoma Lawmakers to Begin Working on Medical Marijuana Rules Wednesday. A bipartisan group of 13 legislators is set to begin working on recommendations for medical marijuana regulations on Wednesday. The group was formed after the state Health Board created an uproar by adding two controversial rules, one barring the sale of smokable medical marijuana and the other requiring the presence of a pharmacist at dispensaries.

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

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

Chronicle AM: NJ AG Suspends Pot Prosecutions, Denver Magic Mushroom Init Stalled, More... (7/25/18)

In a surprise move, New Jersey's attorney general suspends marijuana prosecutions, an Oklahoma industry trade group releases proposed draft medical marijuana regulations, a Denver initiative to decriminalize magic mushrooms is delayed, and more.

No magic mushroom initiative for Denver this year. Maybe next year. (Flickr/Greenoid)
Marijuana Policy

New Jersey Attorney General Suspends All Marijuana Prosecutions Until September. State Attorney General Gurbur Gerwal announced Monday night that he had ordered county and municipal prosecutors to suspend marijuana-related cases at least until September. The surprise move came after Grewal met with Jersey City officials over that city's effort to decriminalize small-time possession. Grewal last week initially told the city it couldn't do that, but after the Monday meeting he announced that he was forming a working group to create a statewide policy for prosecutors and: "In the interim, I ask that all municipal prosecutors in New Jersey seek an adjournment until September 4, 2018, or later, of any matter involving a marijuana-related offense pending in municipal court. This adjournment will give my office sufficient time to develop appropriate guidance for prosecutors."

Washington State Felony Marijuana Busts Plummet After Legalization. Felony pot busts have fallen by 90% since the state legalized marijuana in 2012, according to the Washington State Caseload Forecast Council. More than 1,300 felony sentences were handed out in an 18-month period in 2008 and 2009, but only 147 such cases in an 18-month period following the opening of retail marijuana shops in 2014. "It's really heartening," said Alison Holcomb, the director of strategy for the ACLU of Washington who authored and sponsored the legalization initiative. "These are strong signs that this was the right policy choice for Washington state voters to make and we're really grateful that they had the courage to do it."

Medical Marijuana

Oklahoma Marijuana Trade Group Releases Proposed Regulatory Framework for New Medical Marijuana Law. With parts of the state's new medical marijuana law set to take effect this weekend, an industry group has released its own proposed regulatory framework for implementing the new law. New Health Solutions Oklahoma says its intent is to provide a resource for a legislative panel reviewing restrictive recommendations made by the state Board of Health. That panel was set to meet Wednesday.

Psychedelics

Denver Magic Mushroom Initiative Won't Be on 2018 Ballot. A proposed initiative to decriminalize magic mushrooms will not be on the ballot this year. Advocates were thwarted by the Denver elections division, which has yet to approve ballot language. That means the group has almost no time to gather signatures before the city's mid-August deadline for the November election. They will now aim for the city's May 2019 ballot.

Chronicle AM: No Marijuana "Gifting" for Vermont Businesses, Duterte Vows More Drug War, More... (7/23/18)

Attorneys General in New Jersey and Vermont lay down the law on pot, Oklahomans rally against restrictive medical marijuana rules, Filipino President Duterte vows more drug war, and more.

The bloody-handed Philippines president vows even more carnage in his war on drug users and sellers. (Creative Commons)
Marijuana Policy

New Jersey Attorney General Says Jersey City Can't Decriminalize. State Attorney General Gurbir Grewal said last Friday that Jersey City doesn't have the power to decriminalize marijuana. The move came a day after the city decriminalized possession by decree. Grewal wrote that his office "takes no position" on marijuana legalization or decriminalization, "rather, I write to advise that, as a municipal prosecutor, you do not have the legal authority to decriminalize marijuana or otherwise refuse to criminally prosecute all marijuana-related offenses in the municipal courts of Jersey City," Grewal writes. "Accordingly, I am instructing you that your memorandum is void and has no effect."

Vermont Attorney General Rules That Businesses Can't "Give" Marijuana in Connection with Other Purchases. State Attorney General T.J. Donovan provided guidance Monday to clarify that trying to get around the state's no marijuana sales legalization law by providing pot as a "gift" when purchasing some other item remains illegal. The move came after some Burlington businesses began a delivery service that "gifted" marijuana with the purchase of a courier service. They had argued that they were operating under a loophole in the law, but Donovan disagreed.

Medical Marijuana

Oklahoma Medical Marijuana Advocates Rally Against Emergency Rules. Medical marijuana supporters rallied Saturday at the state capitol amid frustration over emergency rules promulgated by the state Board of Health and said they would be back again Tuesday. The board on July 10 approved emergency rules that would, among other things, ban the sale of smokable marijuana products and require a pharmacist to be on site at dispensaries. Last week, Attorney General Mike Hunter (R) said the board overstepped its authority, and the board now says it will meet again soon to reevaluate the proposed rules.

International

British Poll Finds First Majority for Marijuana Legalization. For the first time, a public opinion in the United Kingdom shows a majority in favor of marijuana legalization. A new BMG Research poll had 22% strongly supporting legalization and another 29% somewhat supporting legalization, bringing total support to 51%. Some 35% were opposed, and 14% had no opinion. A second question regarding decriminalization yielded a similar 52% approval.

Mexican Opium Growers Ask AMLO to Legalize Cultivation. A group of community leaders from the poppy-producing region of Guerrero state has appealed to president-elect Andres Manuel Lopez Obrador (AMLO) to legalize the cultivation of opium poppies for use in the manufacture of legal pharmaceutical drugs. "As a priority, we are seeking the legalization of the cultivation of poppies for medicinal purposes so that farmers in the Sierra are no longer criminalized," Arturo López Torres, a member of a local union that advocates for economic and social development, told the newspaper El Universal. The growers also want AMLO to clarify whether poppy farmers who have been jailed for growing the crop would qualify under the government's proposed amnesty law.

Philippines' Duterte Vows to Continue "Relentless and Chilling" Drug War. Philippine President Rodrigo Duterte on Monday vowed to continue his bloody war on drugs, telling a joint session of Congress the fight would be as "relentless and chilling" as it has been during his first two years in power, which have seen thousands of people killed. He also took a swipe at critics, saying "your concern is human rights, mine is human lives." But not, apparently, the lives of accused drug users or sellers.

Chronicle AM: OK Health Board Retreats on MedMJ, UK ACMD Supports MedMJ, More... (7/20/18)

The battle over Oklahoma's new medical marijuana law continues, the British Advisory Committee on the Misuse of Drugs calls for medical marijuana legalization, the Pennsylvania auditor calls for marijuana legalization, and more.

Medical marijuana is at issue in Oklahoma and Great Britain. (Creative Commons)
Marijuana Policy

Pennsylvania Auditor, Pittsburgh Mayor Call for Legalization. Auditor General Eugene DePasquale on Thursday released a report saying marijuana could be a $1.7 billion industry in the state, generating more than $500 million in tax revenues. Joining DePasquale was Pittsburgh Mayor Bill Peduto. "This issue not only has a revenue side to it, but it also has a personal side to it -- people whose lives are thrown out of balance because of the penalization of cannabis not being legal, people who are not able to have access to housing or access to jobs or access to an opportunity in life," Peduto said.

Jersey City Decriminalizes Possession. The city becomes the first in the state to decriminalize small-time pot possession. A decriminalization ordinance went into effect Thursday. Under the ordinance, the city's assistant prosecutors will have discretion in which cases to pursue.

Medical Marijuana

Oklahoma Health Board to Reconsider Restrictive Rules on Medical Marijuana. The state Board of Health said Wednesday it will meet "as soon as possible" to reconsider restrictive rules it imposed on the state's new voter-approved medical marijuana law. The move comes after a storm of opposition arose in response to its rules requiring pharmacists to be present at dispensaries and banning the sale of smokeable marijuana at dispensaries. "The Board of Health will call a special meeting to consider these changes as soon as possible," board president Jim Starkey said in a news release. "The Oklahoma State Health Department staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program."

Oklahoma Legislature Forms Bipartisan Group to Work on Medical Marijuana Implementation. Senate Pro Tempore-designate Greg Treat and House Speaker Charles McCall announced Thursday they would form the committee after the State Board of Health added two controversial amendments to the rules regulating marijuana."Oklahoma voters made their choice, and the Senate will work to ensure State Question 788 is implemented efficiently, effectively and safely in accordance with the voters' choice." Treat said.

International

British Drug Advisory Committee Calls for Legal Medical Marijuana. The Advisory Committee on the Misuse of Drugs (ACMD) has called for the legalization of medical marijuana. In a "short-term advice," the group said the plant had medicinal benefits and doctors should be able to prescribe it. The ACMD also called for marijuana to be down-scheduled in the country's drug classification scheme.

Chronicle AM: Warren Slams Trump on Opioids, White House Says No Drug Legalization, More... (6/19/18)

A leading Democratic senator scolds the White House on the opioid crisis, the White House rejects drug legalization, the Lebanese consider legalizing marijuana cultivation for medicine, and more.

A Lebanese hash field. It could be turned into medical marijuana soon. (Creative Commons)
Marijuana Policy

Alaska Marijuana Festival Investigated for Allowing Marijuana Consumption. The Alaska Hempfest held last month allowed attendees who wanted to indulge on-site to smoke marijuana in a tent on the festival grounds, and that now has the festival in hot water with the state Alcohol and Marijuana Control Office. State law and industry regulations prohibit public consumption of marijuana. Festival organizers have been notified that an investigation is underway and that they will likely face a fine of several thousand dollars.

Heroin and Prescription Opioids

Elizabeth Warren Slams Trump on Lame Response to Opioid Crisis. Sen. Elizabeth Warren (D-MA) has ripped into President Trump over his lack of effective responses to the opioid crisis. In a letter released Thursday, Warren wrote: "Experts and observers have concluded that your efforts to address the crisis are 'pathetic' and 'ambiguous promises' that are falling far short of what is needed and not… addressing the epidemic with the urgency it demands. I agree and urge to move quickly to address these problems."

Drug Policy

White House Rejects Drug Legalization. In response to a question about Mexico's incoming president's openness to discussing drug legalization as an alternative to the bloody status quo south of the border, White House press secretary Sarah Huckabee Sanders made clear Wednesday that the Trump administration wasn't interested in anything like that. "I don't have a specific policy announcement on that front," Sanders said at the daily White House press briefing. "However, I can say that we would not support the legalization of all drugs anywhere and certainly wouldn't want to do anything that would allow more drugs to come into this country."

International

Lebanon's Parliament Will Take Up Legalizing Marijuana Cultivation for Medical Purposes. Parliament Speaker Nabih Berri said Wednesday the parliament is considering legalizing marijuana cultivation for medical purposes in a bid to boost the economy. "The Lebanese Parliament is preparing to study and adopt the legislation necessary to legislate the cultivation of cannabis and its manufacture for medical uses in the manner of many European countries and some US states," Berri's office said, reporting on comments made in a meeting with the US ambassador in Beirut.

Medical Marijuana Update

A medical marijuana battle royale is raging in Oklahoma, New York will allow medical marijuana as an opioid replacement, and more.

Hawaii

Hawaii Governor Vetoes Bill Allowing Medical Marijuana for Opioid Addiction. Gov. David Ige (D) has vetoed a bill that would have allowed medical marijuana treatment for opioid and substance abuse disorders. Senate Bill 2407 passed the legislature with large majorities in May, but Gov. Ige announced in June he planned to veto it. Now he has.

New York

New York Enacts Emergency Rules Allowing Medical Marijuana as Opioid Replacement. State regulators have moved to allow patients who would normally be prescribed opioids to use medical marijuana instead. "Medical marijuana has been shown to be an effective treatment for pain that may also reduce the chance of opioid dependence," New York State Health Commissioner Dr. Howard said. "Adding opioid replacement as a qualifying condition for medical marijuana offers providers another treatment option, which is a critical step in combatting the deadly opioid epidemic affecting people across the state."

Ohio

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma

Oklahoma Governor Signs Strict Medical Marijuana Rules. Gov. Mary Fallin (R) on Wednesday signed rules regulating medical marijuana that include banning the sale of smokable marijuana at dispensaries and requiring a pharmacist at dispensaries. "These rules are the best place to start in developing a proper regulatory framework for medical marijuana, with the highest priority given to the health and safety of Oklahomans. They are also the quickest and most cost-efficient way to get the process actually started as required by the law passed by the people. I expect modifications could occur in the future. I know some citizens are not pleased with these actions," Fallon said in a statement.

DEA Says Oklahoma Pharmacists Dispensing Marijuana Would Violate Federal Law. Although Gov. Mary Fallin (R) on Wednesday signed into law regulations requiring that a pharmacist be present at medical marijuana dispensaries, the DEA's Special Agent in Charge in Oklahoma, Rich Salter, warned that the medical marijuana program as a whole violates federal law. Any pharmacist who dispensed an illegal drug would be at risk of losing his or her license, he added.

Oklahoma Medical Marijuana Groups Vow To Take Action In Last-Minute Regulation Changes. The Oklahoma Cannabis Trade Association and the Oklahomans for Health, the group that spearheaded the successful medical marijuana initiative, held a news conference Wednesday to decry regulations imposed by the state Board of Health and signed into law by Gov. Mary Fallin (R). "Those are not reasonable," said medical marijuana advocate Nora Sapp. "We the people spoke on July 26th. We didn't ask permission. We told them what we are going to do." The two groups said they would fight the regulations.

Oklahoma Advocates File Lawsuits Over Medical Marijuana Rules. Green the Vote, the people behind the successful June medical marijuana initiative, filed two lawsuits Friday against the state over its restrictive rules and regulations. "The lawsuit filed today is our endeavor to undo the wrongful acts of the Oklahoma Department of Health in adopting amendments to the regulations implementing State Initiative 788. It is our hope that this lawsuit will quickly resolve the improper regulations and allow Oklahoma citizens to exercise their rights to manage their own health care," the group announced in a news release.

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

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

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

Chronicle AM: MX Minister Talks Legalizing Drugs, BC Nurses in Canada Decrim Call, More... (7/18/18)

BC nurses talk drug decriminalization, a Mexican minister talks drug legalization, House Republicans on a key committee once again block House votes on marijuana amendments, and more.

Mexico's incoming government is talking about legalizing drugs. (Creative Commons)
Marijuana Policy

House Rules Committee Once Again Blocks Marijuana Reform Votes. The Rules Committee, chaired by Rep. Pete Sessions (R-TX), has once again blocked marijuana reform amendments from being voted on by the full House. On Monday night, the committee blocked votes on two amendments, bringing the total of amendments it has blocked to 36 in this session.

Arizona Federal Prosecutors Now Charging Marijuana Smugglers With Illegal Entry, Too. Federal prosecutors in Arizona have announced a policy shift in which they will now charge the hundreds of people caught each year smuggling marijuana across the border with immigration violations as well as drug charges. Under the new policy, prosecutors will now seek six-month sentences for misdemeanor illegal entry as well as six-month sentences for marijuana violations. While the sentences would run concurrently, a conviction for crossing the border illegally could be used as a sentencing enhancement in future convictions.

Medical Marijuana

Ohio Medical Marijuana Patient Registry Delayed. The patient registry has been put on hold as regulators try to figure out when medical marijuana when actually be available to patients. The registry was supposed to go online last week. The state Department of Commerce has yet to set a date when it expects medical marijuana to be available.

Oklahoma Attorney General Advises Health Board to Change Restrictive Rules on Medical Marijuana. The office of the state attorney general is advising the Board of Health to revisit its restrictive rules for the state's new voter-approved medical marijuana law. On Monday, Attorney General Mike Hunter said his office would review legal challenges to the rules, and on Wednesday, the office announced it was calling on the board to convene a special meeting to amend the rules it passed last week. "The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them," Attorney General Hunter said. "Although I didn't support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general. Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature."

International

British Columbia Nurses Join Call for Canada Drug Decriminalization. The BC Nurses Union said in a press release Tuesday that the federal government should declare the opioid crisis a national public health emergency and that the possession of personal amounts of opioids should be decriminalized. The move comes just days after the Toronto board of health made a similar call.

Mexico Will Consider Drug Legalization, Interior Minister Says. Interior Minister Olga Sanchez Cordero said Tuesday that that incoming President Andres Manuel Lopez Obrador (AMLO) had given her "carte blanche" to consider legalizing drugs. "On the subject of decriminalizing drugs, Andres Manuel told me, and I quote: 'Carte blanche. Whatever is necessary to restore peace in this country. Let's open up the debate,'" Sanchez Cordero said. She pointed to the bloody violence of the past decade: "What no one can deny with hard data is that, at least in the past ten years, the Mexican government has been incapable of stopping violence and responding to it with institutional mechanisms," she said.

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