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Chronicle AM: Fed Sentencing Reform Bill Looms, HHS Recommends Kratom Ban, More... (11/13/18)

Congress could move on both sentencing reform and industrial hemp in the lame duck session, HHS recommends banning kratom, Thailand moves to legalize and regulate both kratom and medical marijuana, and more.

Despite spending $8 billion to suppress the poppy crop, the situation in Afghanistan is "worse than ever," a new report finds.
Sentencing Reform

Federal Sentencing Reform Bill Set to Advance. Key senators have reached a tentative agreement on a major criminal justice reform bill that is being supported by presidential advisor and Trump son-in-law Jared Kushner. The proposed legislation would boost rehabilitation efforts for federal prisoners and give judges more discretion when sentencing nonviolent offenders, particularly for drug offenses. The measure has support from both liberal and conservative groups, ranging from the ACLU to the Fraternal Order of Police and groups supported by the Koch brothers.

Marijuana Policy

Michigan Prosecutors Start Dropping Marijuana Cases. Local prosecutors are beginning to announce the dropping of charges in pending marijuana cases after voters last week voted to legalize the drug. Genesee County Prosecutor David Leyton said last Friday that "there will no longer be any prosecutions for possession or use of marijuana" in his jurisdiction, and other DAs are expected to follow suit.

Texas Lawmaker Files Marijuana Decriminalization Bill. State Rep. Joe Moody (D-El Paso) has prefiled a marijuana decriminalization bill for the 2019 legislative session. "Civil penalty legislation is the first thing I've filed on the first day of filing for the 86th Session. There's been an incredible swell of bipartisan support since last session, and the official Texas Republican and Democratic platforms both approve of this kind of reform now," Moody said in a press release. "I'm optimistic that this will be the session we finally see smarter, fairer marijuana laws in Texas."

Medical Marijuana

Connecticut Adds Chronic Neuropathic Pain to List of Qualifying Conditions. The General Assembly's Regulations Review Committee has agreed that chronic neuropathic pain associated with degenerative spinal disorders is eligible for treatment with the drug. That makes it the 31st specific condition considered a qualifier for medical marijuana.

Industrial Hemp

McConnell Says Hemp Provision Will Be in Farm Bill. Senate Majority Leader Mitch McConnell (R-KY) said Friday that completing work on a new farm bill is a top priority and that a provision to fully legalize hemp cultivation will be included.

Kratom

HHS Recommends Banning Kratom. The Department of Health and Human Services has recommended that kratom be placed in Schedule I of the Controlled Substances Act. HHS sent a letter to the DEA saying that two chemicals in the herbal supplement should be Schedule I. The recommendation is in line with past public statements from FDA Commissioner Scott Gottlieb, who calls kratom "an opioid" and says it has been "associated" with dozens of deaths.

International

Thai Congress Proposes Legalizing Kratom, Medical Marijuana. The National Legislative Assembly has officially proposed allowing the licensed use of medical marijuana and kratom. The two drugs would be placed in a legal category that would allow their licensed possession and distribution. The Health Ministry will review the proposal before submitting it to the cabinet, which could amend it before returning it to the legislature. The entire process could be completed by year's end.

Foreign Policy

Afghan Opium Problem "Worse Than Ever," Inspector General's Report Finds. Despite the US spending more than $8 billion to reduce opium cultivation in Afghanistan, the problem is "worse than ever," a new report from the Special Inspector General for Afghanistan Reconstruction (SIGAR) finds. "No counterdrug program undertaken… by the United States, its coalition partners, or the Afghan government resulted in lasting reductions in poppy cultivation or opium production," the report stated.

Chronicle AM: MA Pot Shops to Open This Month, Coca Comes to Central America, More... (11/2/18)

A record number of gubernatorial candidates are endorsing marijuana legalization, Bay State pot shops will be open this month, cartels are experimenting with coca production in Central America, and more.

A cocaine lab discovered by Honduran authorities last year. (Honduran Prosecutor's Office)
Marijuana Policy

Record Number of Governor Candidates Call for Marijuana Legalization. A new analysis from Marijuana Moment finds that at least 21 major party gubernatorial candidates support legalizing marijuana, far more than any previous election cycle. But there are differences: Some candidates make legalization a centerpiece of their campaigns, while others embrace it only reluctantly or if pressed on the issue. For a list of those pro-legalization would-be governors, click on the link.

California Cities, Counties to Vote on Marijuana Taxes. More than two dozen cities and counties will have marijuana taxation proposals on their local ballots next week. Among the most controversial proposals is a San Francisco move to impose a 5% tax on gross sales receipts. That would come on top of the 15% state retail tax and the city's 8.75% sales tax, meaning pot sales would be taxed at a whopping 28.75%. The fear is the high levels of taxation will drive potential purchasers to the black market.

Massachusetts Legal Marijuana Sales to Begin This Month, State Says. The chairman of the state's Cannabis Control Commission said Thursday that legal marijuana sales would get underway "within the next week or two" after final inspections of pot shops are performed. "Everything is happening as quickly as we can," Chairman Steven Hoffman said. "There are no lags. We're working closely with the licensees so they understand the process. We're getting very close." It's been two years next week since Bay State voters approved marijuana legalization.

Medical Marijuana

First FDA-Approved Marijuana-Based Drug Now Available by Prescription. As of Thursday, the marijuana-based drug Epidiolex is now available by prescription in all 50 states. The FDA approved the drug in June, but manufacturer GW Pharmaceuticals had to wait for the DEA to reclassify its compounds out of Schedule I before it could begin selling it. That has now happened. Epidiolex is used for treating a rare form of epilepsy and a genetic btylerain dysfunction called Dravet syndrome, both of which can cause seizures.

International

Cocaine Production Beginning to Pop Up in Central America. Cocaine production is starting to pop up in Central America, a development that could bring the supply of the drug closer to the US. Officials in Guatemala and Honduras have found at least four separate coca plantings this year and last year. Although the total acreage involved -- about 125 acres -- is a tiny fraction of total coca planting, local officials said the fields constituted pilot projects by drug cartels exploring whether they can reduce transportation costs and risk by moving their product from major cocaine-producing countries to Central America.

(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.)

Medical Marijuana Update

The DEA last week rescheduled the marijuana-based drug Epidiolex, California's governor vetoes a compassionate access bill, Michigan dispensaries must have licenses by Halloween or be shut down, and more.

National

DEA Reschedules Marijuana-Derived Drug Epidiolex. The DEA has rescheduled Epidiolex, a marijuana-derived drug manufactured by GW Pharmaceutical. The move comes after the FDA approved the drug in June and clears the way for GW to begin selling the drug. Epidiolex is the first FDA-approved drug derived from marijuana.

Congresspersons Want to Know Why DEA is Importing Research Marijuana. Fifteen members of Congress led by Reps. Matt Gaetz (R-FL) and Eric Swalwell (D-CA) sent a letter Monday to the DEA and Attorney General Sessions expressing "deep concern" over delays in approving domestic marijuana cultivation for research purposes even as the DEA has approved the importation of marijuana from Canada for research purposes.

Protestors Target Rep. Andy Harris Over Opposition to Using Medical Marijuana as Opioid Treatment. Red-capped protestors affiliated with the marijuana reform group DCMJ protested outside the office doors of Rep. Andy Harris (R-MD) Tuesday. DCMJ said the protestors were there to protest his opposition to using medical marijuana as a treatment for the opioid crisis. After Harris refused to meet with them, as fellow protestors waved signs accusing Harris of working for "Big Pharma," two women laid down in the hallway to represent friends who had fatally overdosed. One of the women was temporarily handcuffed. The smell of marijuana wafted through the air. Harris later complained that: "Today's aggression by protesters who disagree with my position on the legalization of recreational marijuana demonstrates the problem with political discourse today. We all must agree to have a civilized debate when disagreement occurs. My parents fled communist Eastern Europe where people with different political opinions were harassed and punished, and it has no place in America."

California

California Governor Vetoes Compassionate Access Bill. Gov. Jerry Brown (D) has vetoed Senate Bill 829, which would have allowed licensed marijuana retailers to "offer free cannabis or cannabis goods" to low-income medical marijuana payments. In his veto statement, Brown said the bill would violate the state's recreational marijuana law, but that logic left advocates confounded. "Nowhere does Prop. 64 say that it is intended to impede free donations of medicine to needy patients," commented CA NORML head Dale Gieringer. "The purposes and intents section of the initiative is clear that it pertains only to adult-use marijuana, and does not override Prop 215 [California's original medical marijuana law, passed in 1996]."

Florida

Florida Moves to Block Licensing Lawsuit. The state Department of Health is asking an appeals court to block a district judge from moving forward with a lawsuit where a nursery operator who was denied a cultivation license. The appeals court on Friday put the case on hold temporarily, with the nursery operator given until the end of the month to respond to the state's arguments that the lawsuit should be thrown out.

Michigan

Michigan Dispensaries Must Have Licenses by Halloween, Regulators Say. The state Department of Licensing and Regulatory Affairs has issued new emergency rules for dispensaries saying that if they haven't received a license by Halloween they could be forced to shut their doors. Also, any product not received in compliance with the Marihuana Facilities Licensing Act will have to be destroyed.

Utah

Utah Medical Marijuana Initiative Opponents Pony Up Cash. Opponents of the Prop 2 medical marijuana initiative are ponying up big bucks in a bid to defeat the measure. As of last weekend, wealthy Utahns have contributed $230,000 to the opposition group Drug Safe Utah in recent months and $65,000 to another anti group, the Truth About Proposition 2, while initiative sponsors the Utah Patients Coalition has raised only $68,000, with $50,000 of that coming from the Marijuana Policy Project.

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

Chronicle AM: Jerry Brown Vetoes Marijuana Samples for Poor Patients, NJ Gov Says Legalization Soon, More... (10/2/18)

Some members of Congress want to know why the DEA approves research marijuana imports but not research marijuana here, New Jersey's governor says legal pot is coming, California's governor vetoes a bill that would have let dispensaries give free samples to poor medical marijuana patients, and more.

New Jersey Gov. Phil Murphy says marijuana legalization is coming "sooner than later." (Creative Commons)
Marijuana Policy

New Jersey Governor Says Legal Marijuana Coming Soon. Gov. Phil Murphy (D) said Monday that legalization is coming "sooner than later," with a vote possible within weeks. Last week, state Senate President Stephen Sweeney (D-Gloucester) said the Senate could vote by October 29, even though a new legalization bill hasn't been formally introduced yet. But the Assembly would have to vote to approve it, too, and there's no word on when that might happen.

Medical Marijuana

Congresspersons Want to Know Why DEA is Importing Research Marijuana. Fifteen members of Congress led by Reps. Matt Gaetz (R-FL) and Eric Swalwell (D-CA) have sent a letter to the DEA and Attorney General Sessions expressing "deep concern" over delays in approving domestic marijuana cultivation for research purposes even as the DEA has approved the importation of marijuana from Canada for research purposes.

California Governor Vetoes Compassionate Access Bill. Gov. Jerry Brown (D) has vetoed Senate Bill 829, which would have allowed licensed marijuana retailers to "offer free cannabis or cannabis goods" to low-income medical marijuana payments. In his veto statement, Brown said the bill would violate the state's recreational marijuana law, but that logic left advocates confounded. "Nowhere does Prop. 64 say that it is intended to impede free donations of medicine to needy patients," commented CA NORML head Dale Gieringer. "The purposes and intents section of the initiative is clear that it pertains only to adult-use marijuana, and does not override Prop 215 [California's original medical marijuana law, passed in 1996]."

Florida Moves to Block Licensing Lawsuit. The state Department of Health is asking an appeals court to block a district judge from moving forward with a lawsuit where a nursery operator who was denied a cultivation license. The appeals court on Friday put the case on hold temporarily, with the nursery operator given until the end of the month to respond to the state's arguments that the lawsuit should be thrown out.

Michigan Dispensaries Must Have Licenses by Halloween, Regulators Say. The state Department of Licensing and Regulatory Affairs has issued new emergency rules for dispensaries saying that if they haven't received a license by Halloween they could be forced to shut their doors. Also, any product not received in compliance with the Marihuana Facilities Licensing Act will have to be destroyed.

Chronicle AM: DEA Reschedules Marijuana-Based Drug, House GOP Blocks Pot Tax Reform, More... (9/27/18)

The House GOP once again blocks a marijuana reform, the DEA reschedules a marijuana-based drug, Ontario sets its pot sales rules, and more.

Marijuana Policy

House Committee Blocks Marijuana Tax Relief Bill. The House Rules Committee, led by Rep. Pete Sessions (R) has voted down an amendment that would allow marijuana businesses to deduct business expenses like any other businesses. The amendment would have exempted pot businesses from a federal tax provision -- 280E -- aimed at preventing drug cartel leaders from writing off yachts and other luxury items as business expenses, but now forces state-legal marijuana businesses to pay an effective tax rate of up to 70%.

California Bill to Allow Pot Sales, Consumption at Special Events Becomes Law. Gov. Jerry Brown (D) has signed into law Assembly Bill 2020, which "authorizes a state licensing authority to issue a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair or district agricultural association event, provided that certain other requirements are met."

New Hampshire Could Gain $58 Million a Year from Legal Pot. The state Department of Revenue Administration has released a new estimate of tax revenues if the state legalizes marijuana. The department said the state could take in $58 million a year, although it acknowledged actual revenues would depend on a range of factors, including how high taxes are set in the first place.

Medical Marijuana

DEA Reschedules Marijuana-Derived Drug Epidiolex. The DEA has rescheduled Epidiolex, a marijuana-derived drug manufactured by GW Pharmaceutical. The move comes after the FDA approved the drug in June and clears the way for GW to begin selling the drug. Epidiolex is the first FDA-approved drug derived from marijuana.

International

Canada's Largest Province Sets Rules for Retail Marijuana Sales. Officials in Ontario on Wednesday unveiled rules to govern retail marijuana sales in the country's most populous province. There will be no cap on the number of pot shops, but large marijuana producers will be limited to one shop each. Pot shops will be operated by private companies but will have to buy their marijuana from the provincial government. Ontario accounts for 40% of all Canadian pot sales, according to Statistics Canada.

Medical Marijuana Update

It's been pretty quiet on the medical marijuana front this week, but the DEA has okayed the importation of Canadian marijuana for research purposes, and more.

National

DEA Gives Green Light for Canadian Company to Import Research Marijuana to US. The DEA has granted permission to Canadian marijuana producer Tilray, Inc. to export medical marijuana to California for scientific research purposes. The Food and Drug Administration also signed off on the deal. The marijuana is headed for Dr. Fatta Nahab, an associate professor of neuroscience at the University of California San Diego medical school.

Michigan

Michigan to Allow Patients to Register, Renew Online. The state Bureau of Medical Marijuana Regulation announced Friday that as of next month, medical marijuana patients and physicians will be able to complete their registrations online. The new online registration is, for now, only available for patients without caregivers, although the bureau said it may expand online registration to include patients with caregivers in the future. 

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

Chronicle AM: Coalition to Fight House "Drug War" Provision, Colombia Coca Crop at Record High, More... (9/20/18)

A provision in the House opioid bill that would let the attorney general set sentences for synthetic drug offenses generates opposition, Colombia's coca production was at record levels last year, the DEA has okayed the import of Canadian marijuana for research purposes, and more.

Colombia peasand farmer in his coca field. (DEA)
Marijuana Policy

New Jersey Governor Calls for Sheriff's Resignation After Racist Weed Comments. Gov. Phil Murphy (D) is calling for the resignation of Bergen County Sheriff Michael Saudino after a tape emerged of him making racist comments about black people around the topic of marijuana legalization. Although Saudino's remarks were made back in January just after Murphy's inauguration, a recording of them just went public on Wednesday. Here's what he said, referencing Murphy's inaugural address: "He talked about the whole thing, the marijuana, sanctuary state…better criminal justice reform. Christ almighty, in other words, let the blacks come in, do whatever the fuck they want, smoke their marijuana, do this do that, and don’t worry about it," Saudino said. "You know, we’ll tie the hands of cops."

Medical Marijuana

DEA Gives Green Light for Canadian Company to Import Research Marijuana to US. The DEA has granted permission to Canadian marijuana producer Tilray, Inc. to export medical marijuana to California for scientific research purposes. The Food and Drug Administration also signed off on the deal. The marijuana is headed for Dr. Fatta Nahab, an associate professor of neuroscience at the University of California San Diego medical school.

Drug Policy

Left-Right Coalition Builds to Block House Opioids Bill's "Drug War" Provision. As the House and Senate seek to reconcile their versions of bills to address the nation's opioid crisis, groups on the left and right are uniting behind an effort to undo an especially egregious provision in the House version of the bill. Organizations such as the ACLU and Human Rights Watch are joining forces with right-leaning groups like FreedomWorks and the American Conservative Union to remove language that would give the attorney general the power to create a special category for synthetic drugs such as fentanyl and set penalties for those who make or sell them. That would essentially put sentencing policy for those drugs in the hands of the attorney general. "We don’t want any attorney general to have this kind of power," said Jasmine Tyler, advocacy director for the Human Rights Watch US Program. "But I think specifically when we have an attorney general who is so out of touch with this century’s expert thinking on these issues, there should be red flags for that."

International

UNODC Says Colombian Coca Cultivation at All-Time High. The amount of acreage devoted to coca growing in Colombia increased 17% last year to hit a new record high, the UN Office of Drugs and Crime said Wednesday. Some 423,000 acres were under cultivation last year, UNODC said, the largest figure since the UN began keeping records. That will produce more than 920 metric tons of cocaine, a US government report earlier this year said. The figures come as new conservative Colombian President Ivan Duque prepares to attack the drug trade, likely including aerial fumigation of crops with glyphosate. "Our goal in the next four years is to have concrete results," he said Wednesday. "So we can at least eradicate more than 70 percent of what we have today."

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

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

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

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

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

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

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

Sentencing Policy

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

Chronicle AM: 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.

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