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Chronicle AM: Canada Legal Marijuana Delayed, Federal Sentencing Reform Bill Advances, More... (2/16/18)

Conservative senators slow down Canada's move to marijuana legalization, the Senate Judiciary Committee passes the sentencing reform bill, an Arizona bill would make felons of doctors who are lax about medical marijuana rules and laws, and more.

We'll have to put that flag back in the closet for a few more weeks. (Wikimedia)
Marijuana Policy

GOP Senator Ends Hold on DOJ Nominees Over Sessions Policy. Sen. Cory Gardner (R-CO) announced Thursday he had ended a two-month hold on some Justice Department appointments he began to protest Attorney General Jeff Sessions' move to rescind Obama-era policies largely leaving state-legal marijuana alone. The announcement came after Gardner received unspecified assurances from DOJ officials about the enforcement of federal drug law. When asked what he got for lifting the holds, Gardner told the Denver Post: "We've had very good, positive conversations about protecting states' rights and protecting the voters of Colorado's wishes."

Philadelphia DA Enacts No Prosecution Policy for Small-Time Possession. District Attorney Larry Krasner has dropped about 50 outstanding marijuana possession cases and announced that he will no longer charge people caught with small amounts. Krasner cited racial disparities in making the move: "Because we all know that these laws are not getting enforced at the Wawa in Chestnut Hill. These laws are getting enforced in neighborhoods that are poor and predominately black and brown," said Krasner.

Medical Marijuana

Arizona House Committee Approves Bill to Make Felons of Lax Pot Docs. The House Health Committee voted 6-3 Thursday on party lines to approve a bill that would make doctors who sidestep rules for medical marijuana recommendations guilty of a felony. Under the bill, doctors who violate any rule or law could get up to a year in prison. Under current law, they face only discipline from county medical boards. The measure, backed by arch-foe of medical marijuana Yavapai County Attorney Sheila Polk, is House Bill 2067.

Sentencing Reform

Federal Sentencing Reform Bill Wins Committee Vote. In a rebuff to Attorney General Jeff Sessions, who on Wednesday urged the bill's defeat, the Senate Judiciary Committee on Thursday approved the federal sentencing reform bill, S. 1917. The question now is whether Senate Majority Leader Mitch McConnell (R-KY) will allow a floor vote.

International

Canada Postpones Marijuana Legalization a Few Weeks. The Pierre Trudeau government's plan to have legal marijuana up and running by July 1 has hit a bump, and the anticipated date for legal commerce to begin has been pushed back by a matter of a few weeks. The bump occurred in the Senate, which set a schedule to consider the legalization bill that would not allow the government to hit the July 1 date.

Chronicle AM: Senate Sentencing Reform Bill Under Attack, DEA Threatens SIJs, More... (2/15/18)

The Marijuana Justice Act gets a third cosponsor, the DEA threatens to go after safe injection sites, the attorney general and leading law enforcement groups target the Senate sentencing reform bill, and much, much more.

Jeff Sessions and major law enforcement groups are trying to kill the Senate sentencing reform bill. (senate.gov)
Marijuana Policy

Federal Judge Suggests He Will Defer to DEA, Congress on Rescheduling Lawsuit. At a hearing Wednesday over a lawsuit seeking to have marijuana de- or rescheduled from Schedule I of the Controlled Substances Act, US District Court Judge Alvin Hellerstein suggested he would rule in the government's favor. He dismissed plaintiffs' claims that marijuana prohibition was motivated by racism and political concerns when it was passed 80 years ago and he said he didn't think he had the authority to reschedule the drug. "The law is the law," the judge said. "I'm sworn to enforce the law."

Cory Booker's Marijuana Justice Act Gets Third Sponsor. Sen. Kirsten Gillibrand (D-NY) announced Wednesday that she had signed on as a cosponsor of Sen. Cory Booker's (D-NJ) Marijuana Justice Act (S. 1689). The bill is also cosponsored by Sen. Ron Wyden (D-OR).

Federal Bill Filed to Protect Legal Marijuana States and Businesses. Rep. Lou Correa (D-CA) has filed the Sensible Enforcement Of Cannabis Act (no bill number yet), which would essentially codify the protections for state-legal marijuana embodied in the now-rescinded Cole memo. "To date, eight states have legalized recreational cannabis, and twenty-nine states and the District of Columbia, representing more than half of the American population, have enacted legislation to permit the use of cannabis," Correa said. "Attorney General Sessions' decision to rescind the 'Cole Memo' created great uncertainty for these states and legal cannabis businesses, and put citizens in jeopardy for following their state laws."

Connecticut Legalization Bills Filed. Twenty-two lawmakers filed a marijuana legalization bill Wednesday. The bill, House Bill 5112, would authorize the retail sale and taxation of the herb. Separately, House Deputy Majority Leader Rep. James Albis (D-East Haven) filed another legalization bill, House Bill 5111. Similar bills last year failed to get a floor vote in either chamber. Both bills were referred to the Joint Committee on General Law.

Massachusetts Legalization Advocates Protest "Intimidation Campaign" Aimed at Forcing Restrictive Regulations. Legalization advocates are criticizing Gov. Charlie Baker (R) and other officials, saying they have conducted a "coordinated intimidation campaign" against the state body charged with crafting rules and regulations, the Cannabis Control Commission. In a series of letters to the commission, officials from the governor's office have raised public health and safety concerns and recommended it scale back its framework of rules. Advocates took their concerns to the State House Thursday, where they held a press conference.

New Jersey Lawmakers, Wary of Legalization, File Decriminalization Bill Instead. A bipartisan group of legislators urging caution on pot legalization has filed a bill that would decriminalize the possession of small amounts of marijuana. Senate Bill 472 would make the possession of up to 15 grams a civil offense. Gov. Phil Murphy (D) campaigned on legalizing marijuana, and legalization bills have already been filed in the Assembly and Senate.

Jackson, Mississippi, City Council Votes to Decriminalize Weed. The city council voted unanimously Tuesday to decriminalize the possession of up to 30 grams of marijuana. Violators would face no more than a $100 fine. Under current Mississippi state law, marijuana possession is illegal, so effective implementation will depend on local law enforcement discretion. The possession of any amount of marijuana can result in up to 60 days in jail, a fine of up to $250, and a litany of collateral consequences that impacts employment, housing, family and life opportunities.

Asset Forfeiture

Alabama Senate Committee Votes to End Civil Forfeiture by Police. The Senate Judiciary Committee voted Wednesday to approve a bill that would end civil asset forfeiture in the state. Senate Bill 213 would require a criminal conviction before cash or property could be seized. Senators said they expected the bill to face additional negotiations before it goes to a Senate floor vote.

Drug Testing

Wisconsin Bill to Block Employers from Testing for Marijuana to Be Filed. Rep. David Bowen (D-Milwaukee) said he plans to introduce a bill that would block employers from drug testing for THC or disqualifying people from jobs because of a drug test with positive results for marijuana. The bill would apply to both public and private sector workers, but not those operating heavy equipment. "Consuming THC weeks or months out from a job interview should not disqualify someone from finding employment any more than someone who drank a few beers on another date should be kept out of work" Bowen told the Isthmus in an email. "While I am in favor of the safe legalization and regulation of marijuana for both recreational and medicinal use, until that happens, people should not be stigmatized for using a substance whose effect on society is less negative than society's reaction to it."

Heroin and Prescription Opioids

Congressional Republicans Try to Blame Sanctuary Cities for Opioid Crisis. GOP lawmakers used a hearing of the House Judiciary Subcommittee on Immigration and Border Security to try to scapegoat sanctuary cities for the country's opioid crisis. "We have heard countless stories of sanctuary practices and the havoc they wreck on public safety, national security, and the sanctity of the rule of law," said Rep. Raúl Labrador (R-ID), the committee chair. "Our public safety and our public health are tied to eradicating opioids, which can never be accomplished when the force multiplier that is ICE is sidelined." But committee Democrats and analysts rejected the link. Rep. Pramila Jayapal (D-WA) said There was no "factual basis in connecting so called sanctuary city policies with the opioid crisis," said Rep. Pramila Jayapal (D-WA). "It would be laughable if it weren't so serious," she said. "If it weren't so hurtful to the characterization of immigrants across this country." Last month, Republicans tried to blame Obama's expansion of Medicaid for worsening the epidemic.

Harm Reduction

Trump Administration Threatens to Go After Safe Injection Sites. Several US cities are moving forward with plans to open safe injection sites, but the DEA has just fired a shot across the bow. In an interview with Buzzfeed, DEA spokeswoman Katherine Pfaff said the agency may take action against the facilities because they are federally prohibited. "Supervised injection facilities, or so-called safe injection sites, violate federal law," Pfaff said. "Any facilitation of illicit drug use is considered in violation of the Controlled Substances Act and, therefore, subject to legal action." She cited a 1980s crack house law that could be used. But in Seattle, at least, local prosecutors say they welcome a legal challenge and think they can convince the courts that public health powers are superior to criminal laws against drug dens run for profit.

New Mexico Passes Legislation to Examine Administering Pharmaceutical-grade Heroin or Other Opioids by Medical Practitioners to People Struggling with Long-term Addiction. The state House Tuesday approved House Memorial 56, which charges the Legislative Health and Human Services Committee to take testimony on supervised injectable opioid treatment as a feasible, effective and cost-effective strategy for reducing drug use and drug-related harm among long-term heroin users who have not been responsive to other types of treatment. The bill was sponsored by Rep. Deborah Armstrong (D-Albuquerque), chair of the House Health and Human Services Committee. This memorial does not need to pass the Senate or be signed by the governor.

Sentencing Reform

Attorney General Sessions Slam Senate Sentencing Reform Bill. Attorney General Jeff Sessions came out against a painstakingly cobbled-together Senate sentencing reform bill Wednesday, sparking a public food fight with Sen. Chuck Grassley (R-IA), the head of the Senate Judiciary Committee and the very face of dour Corn Belt conservatism.In a letter reported by Reuters, Sessions warned the committee not to approve the sentencing reform bill, S. 1917, claiming it would reduce sentences for "a highly dangerous cohort of criminals." Passage of the bill would be "a grave error," Sessions said. The measure is actually a mixed bag, a product of lengthy discussions among senators seeking a compromise that could actually pass the Senate. While it has a number of progressive sentencing reform provisions, mainly aimed at nonviolent drug offenders, it also includes new mandatory minimum sentences for some crimes, including some drug offenses. Those provisions provide political cover to conservatives fearful of being tagged "soft on crime," but tired of perpetuating failed drug war policies.

Police Groups Slam Senate Sentencing Reform Bill. The National Sheriffs' Association and the Fraternal Order of Police have both come out against the Senate sentencing reform bill, calling on President Trump to reject the bill and saying it will put violent drug dealers back out on the street. "Sheriffs will have to arrest most of them again at the county level and that will shift the cost and responsibility to us without fixing the underlying problems of violent crime and drug and human trafficking in the country," said a letter to Trump from the National Sheriffs' Association. "At a time when our nation is being ravaged by an epidemic of overdoses from the use of heroin and opioids, it seems at variance with common sense and sound policy to drastically reduce sentences for drug traffickers and then apply these reduced sentences retroactively," said the National Fraternal Order of Police.

Chronicle AM: MJ Rescheduling Lawsuit Hearing, IA Bill Seeks Medicaid Drug Screens, More... (2/14/18)

A legal challenge to marijuana's Schedule I status gets a hearing, some 18 senators call for protections for state-legal marijuana, Berkeley becomes a marijuana sanctuary city, and more.

Marijuana Policy

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Looking for Medicaid? You'd have to pass a drug screen first under an Iowa bill. (Wikimedia)
Marijuana Rescheduling Suit Gets Hearing Today. A lawsuit challenging the placement of marijuana in Schedule I of the Controlled Substances Act was being heard in federal court in New York City Wednesday. The suit names Attorney General Jeff Sessions and the DEA as defendants. Legal efforts to force the de- or rescheduling of marijuana have been underway since the 1970s; none have worked so far.

Bipartisan Group of Senators Call for Protections for State-Legal Marijuana. A bipartisan group of 18 senators sent a letter Tuesday to Senate Appropriations Committee Chair Thad Cochran (R-MS) and Vice Chair Patrick Leahy (D-VT) calling for protections for state-legal marijuana to be inserted into federal budget bills. "Doing so will provide the opportunity to pursue federal legislation that both protects the legitimate federal interests at stake and respects the will of the states -- both those that have liberalized their marijuana laws and those that have not," the letter said. The senators want language similar to the House's Rohrabacher-Blumenauer amendment inserted into Justice Department funding bills.

Berkeley Declares Itself a Marijuana Sanctuary City. The city council voted Tuesday to designate Berkeley as a "sanctuary city" for marijuana users. With that vote, city agencies and employees are now barred from providing information about legal marijuana use by adults or from helping to enforce federal marijuana laws. "I believe we can balance public safety and resisting the Trump administration," Mayor Jesse Arreguin (D) said at the council meeting Tuesday. "We're keeping with the strong position Berkeley is a sanctuary for people in our community."

St. Louis Aldermen Debate Lessening Pot Penalties. The city's governing body held a hearing on Alderwoman Megan Green's proposal to bar the city from expending resources to enforce marijuana laws. Public comment was overwhelmingly in favor, but some of Green's colleagues were less than enthused. No vote was taken.

Medical Marijuana

California Bill Would Provide Employment Protections for Medical Marijuana Patients. Assemblymen Rob Bonta (D-Oakland) and Bill Quirk (D-Hayward) have filed Assembly Bill 2069, which would "prohibit an employer from engaging in employment discrimination against a person on the basis of his or her status as, or positive drug test for cannabis by, a qualified patient or person with an identification card." The bill could get a hearing next month.

Iowa CBD Medical Marijuana Expansion Bill Advances. The Senate Judiciary Committee voted Tuesday to approve Senate Study Bill 3106, which would grant the state Medical Cannabidiol Board the authority to broaden the definition of medicinal CBD and to expand the list of qualifying conditions to use it. The bill now heads for a Senate floor vote.

Pennsylvania's First Dispensary Sales Begin Thursday. Gov. Tom Wolf (D) announced Tuesday that the state's first medical marijuana dispensary, in Butler County, will begin sales tomorrow. Five other dispensaries will open their doors by weeks' end, he added.

Utah House Revives, Passes Medical Marijuana Bill. Just days after it killed House Bill 197, the House brought it back and passed it Tuesday. The bill was part of a two-bill package aimed at creating a viable medical marijuana program in the state. The other bill in the package, House Bill 195, was approved last week.

Drug Testing

Iowa Bill Would Mandate Medicaid Drug Screens, Tests. Sen. Tom Greene (R-Burlington), who rode the Trump wave to office last year, has introduced Senate File 2158, which would impose special requirements on Medicaid recipients, including a requirement that if drug use is suspected, they "shall agree to participate in testing for illegal drugs."

In Trump and Sessions' Drug War, It's Bad Cop/Bad Cop [FEATURE]

The omens are not good. In a pair of speeches last week, the president and his attorney general made some very menacing comments about drug policy. While their last-century drug warrior rhetoric has not, for the most part, translated into regressive, repressive drug policy prescriptions -- yet -- it's probably not safe to assume that will continue to be the case.

Donald Trump, bad cop (Gage Skidmore/Wikimedia)
At the same time, the Trump White House appears to be approaching key aspects of the country's opioid crisis, which contributed mightily to a record 64,000 drug overdose deaths in 2016, with a mixture of indifference and incompetence.

Trump wants to drastically slash the budget of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), his White House opioid response is laughably led by pollster and counselor -- not drug policy or addiction expert -- Kellyanne Conway, and his budget proposals are for spending substantially less -- not more -- money on treatment and prevention.

An Obama-era law that designated a billion dollars to help states fight opioids runs out of money this year, with no sign Trump intends to ask Congress to renew it, and Trump's 2018 budget request has a $400 million cut to the Substance Abuse and Mental Health Services Administration, the lead federal agency for treatment.

Instead of proactive responses aimed at ameliorating the crisis, Trump and Attorney General Jeff Sessions are falling back on drug war rhetoric that would have been at home in Nixon's 1970s or Reagan's 1980s. (And the budget wouldn't even have flown under Nixon.)

Trump spent barely a minute talking about the opioid crisis in his State of the Union speech last week, and now he says he's focused on law enforcement, not treatment and prevention.

In a speech last week in Cincinnati, Trump said the opioid epidemic "has never been worse. People form blue ribbon committees. They do everything they can. And frankly, I have a different take on it. My take is you have to get really, really tough, really, really mean with the drug pushers and drug dealers."

Jeff Sessions, bad cop (senate.gov)
Attorney General Sessions, for his part, was on the same page this week. In a speech at the conservative Heritage Foundation for an event honoring Ronald Reagan's birthday, Sessions could have been channeling the Gipper himself, blaming the media, not enough drug war, and "permissive rhetoric" for problems with drug use in the US.

"We don't think illegal drug use is 'recreation,'' he said. "Lax enforcement, permissive rhetoric, and the media have undermined the essential need to say no to drug use. Don't start. That's what President Trump said to us the other day in a meeting. What did Nancy Reagan say? Just say no."

Sessions also reiterated his opposition to state-legal marijuana resorted to the discredited "gateway theory" to try to blame marijuana for the opioid epidemic.

"The DEA said that a huge percentage of heroin addictions starts with prescriptions. That may be an exaggerated number -- they had it as high as 80 percent -- we think a lot of this is starting with marijuana and other drugs," Sessions ventured.

"We are not going to pretend that there is not a law against marijuana. There is a federal law against marijuana," he said. "And we're not going to pretend that marijuana is good for you, either. I don't think it is."

bad cops
Drug war rhetoric is one thing; actual policy shifts is another. So far, despite the tough talk, about the only concrete action aimed at driving us back to the failed drug war policies of the past is Sessions' move last May to reverse an Obama-era policy of moving away from harsh mandatory minimum sentences in drug cases. Other than that, there's been a lot of sound and fury, but little in the way of actual policy proposals. Still, the remarks this week from the president and his chief law enforcement officer ought to be setting off alarm bells.

Meanwhile, Bernie Sanders has a better idea. The independent Vermont senator and 2016 Democratic presidential contender on Wednesday announced a petition calling on Congress to "end the failed war on drugs." "The criminal justice system is not the answer to drug abuse. Addiction is a health problem and we should start treating it that way," Sanders wrote. "While communities all across the country lack adequate resources for treatment or prevention, we are spending approximately $50 billion a year on the war on drugs. That's absurd. We need to get our priorities right."

Here is Sessions at the Heritage Foundation:

Chronicle AM: Trump Drug Budget, NH Marijuana Bill Hearing, OR Opioid Emergency, More... (2/13/18)

The proposed FY 2019 Trump budget features more drug war and cutting the drug czar's office, a legal marijuana bill gets a hearing in New Hampshire, Oregon's governor declares a public health emergency over opioids, and more.

The president's proposed budget has billions for more drug war. (Creative Commons)
Marijuana Policy

Georgia Bills to Reduce Penalties Filed. A pair of bills filed in the legislature seek to reduce the criminalization of marijuana users. House Bill 865 would make possession of up to two ounces a misdemeanor. Under current law, possession of more than one ounce is a felony. Senate Bill 105 would decriminalize the possession of up to a half ounce. Legalization bills were filed earlier in the session, but they are not expected to go anywhere.

New Hampshire Legalization Bill Gets Hearing Today. The House Ways and Means Committee is holding a hearing on a limited legalization bill today. House Bill 656 would legalize the possession of up to a quarter ounce of weed and grow up to six plants, but would not set up a system of legal marijuana commerce.

Virginia Senate Approves Arrest Expungement Bill. The Senate voted 38-2 on Monday to approve Senate Bill 954, sponsored by Sen. Tommy Noment (R-James City). The bill would allow people charged with first-time possession to later pay $150 to have the charge expunged. The measure must now be approved by the House.

Medical Marijuana

Iowa Poll Has Overwhelming Support for Medical Marijuana. A new Selzer & Company poll has 78% in favor of medical marijuana, with 19% opposed, figures that are roughly unchanged over the past couple of years. What has changed is support for recreational marijuana, now at 39%, up from 28% four years ago.

New Mexico Lawmakers Eye Marijuana in Fight Against Opioids. Lawmakers and supporters gathered at the state capitol in Santa Fe Monday to urge state officials to add opioid addiction to the list of disorders qualifying for medical marijuana. And advisory panel has twice considered petitions seeking to add medical marijuana as a tool against opioid abuse, the most recent last November, but the state Health Department has yet to act.

Heroin and Prescription Opioids

Oregon Governor Declares Addiction a Public Health Crisis. Gov. Kathleen Brown (D) on Tuesday released an executive order declaring opioid addiction to be a public health crisis in the state. She said she would soon set a deadline for the state Alcohol and Drugs Policy Commission to come up with a plan to fight the problem.

Drug Policy

Trump Budget Doubles Down on Drug War. The Trump administration's proposed Fiscal Year 2019 budget is heavy on drug war spending, with an additional $400 million for the DEA, $334 million in the law enforcement-oriented Byrne Justice Assistance Grant program, $50 million for the once-discarded anti-drug media campaign, $43 million for drug courts, and a cut of $20 million in offender reentry programs. The budget includes $18 billion over two years for the Mexico border wall, which Trump justifies on both drugs and immigration grounds, which is more than the $13 billion the administration says it is allocating to fight opioid abuse.

Trump Budget Would Gut Drug Czar's Office. The Trump FY 2019 budget would also dramatically slash funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office), primarily by moving two grant programs elsewhere. Under the proposal, the Drug Free Communities Support Program and the High Intensity Drug Trafficking Areas program would be moved into the Health and Human Services Department and Justice Department, respectively. The move is opposed by some lawmakers and a coalition of more than 150 advocacy organizations, but more radical critics on both the left and the right would like to see the agency go away altogether.

Sentencing

New Jersey Governor Revives Sentencing Commission. Gov. Phil Murphy (D) is reviving the Criminal Sentencing and Disposition Commission, which was created by the legislature in 2009 to examine racial disparities in sentencing, but remained dormant under former Gov. Chris Christie (R). Christie never appointed any members to the commission. "We can and must do better," Murphy said in a statement. "A Criminal Sentencing and Disposition Commission can undertake the important review of our sentencing laws and recommend reforms necessary to ensure a stronger, fairer, and more just state." Murphy has already appointed two people to the commission's 13-member board, which must issue a report within a year of its first meeting.

Chronicle AM: New Drug Czar Nominee, Purdue Pharma Stops Marketing Opioids to Docs, More... (2/12/18)

Good marijuana polling in Florida and New York, record marijuana sales in Colorado, the White House nominates a new drug czar, Purdue Pharma makes a big announcement, and more.

Purdue Pharma, the manufacturer of Oxycontin says it will no longer market its opioid products to doctors. (Wikimedia.org)
Marijuana Policy

Sessions Slams Colorado GOP Senator in Fight Over Marijuana. Sen. Cory Gardner (R-CO) has been sticking up for his state by blocking Department of Justice nominees from consideration until Attorney General Sessions backs away from his decision to rescind Obama-era guidance to prosecutors allowing states to generally implement marijuana legalization without federal interference. And Jeff Sessions doesn't like it. He went after Gardner -- without mentioning his name -- in a speech at the National Sheriffs' Association Monday. "Too often, we've seen bad judgements, even politics enter into the work that we do," Sessions complained. "We're trying to confirm a number of important component heads at the Department of Justice. It's just getting to be frustrating, I've gotta tell you. Our nominee to the National Security Division -- the anti-terrorism division -- was approved unanimously in the committee. But because right now one senator's concerns over unrelated issues -- like reversing federal law against marijuana -- we can't even get a vote."

Colorado Sold a Billion and Half Dollars' Worth of Marijuana Last Year. It was a record-breaking year for the Rocky Mountain State. The Department of Revenue reported last Friday that legal marijuana sales topped $1.51 billion last year, with $1.09 billion coming from adult use sales and $416.52 million coming from medical marijuana sales. Those sales generated more than $247 million in taxes and fees for the state.

Florida Poll Has Healthy Majority for Legalization. A new poll from the University of North Florida finds that 62% of registered voters would back a state law regulating marijuana like alcohol, and 45% said they would "strongly support" such a law. The poll comes weeks after backers of a legalization initiative in the state conceded they did not have enough signatures to qualify for the ballot.

Massachusetts DAs Want Licenses Delayed for Cannabis Cafes, Delivery Services. In a letter last Friday to the Cannabis Control Commission, the Massachusetts District Attorneys Association called on the commission to hold off on issuing licenses for cannabis social clubs and delivery services. "We have security concerns for these businesses, their employees and their customers," the prosecutors wrote. "Moreover, these businesses heighten our concerns relative to such issues as operating under the influence, increased marijuana access by persons under the age of 21, theft and diversion to the black market." The DAs also warned that immediately licensing such businesses would be "irresponsible, ill-informed, and dangerous."

Michigan Legalization Initiative Campaign Sees Organized Opposition. A political action committee has been formed to oppose the state's legalization initiative, which is currently awaiting confirmation that it has met signature-gathering requirements to appear on the November ballot. The Healthy and Productive Michigan Committee has $150,000, courtesy of a donation from anti-legalization crusader Kevin Sabet and his group Smart Approaches to Marijuana. Sabet says there could be more money coming, too.

New York Poll Has Healthy Majority for Marijuana Legalization. A Siena College released Monday has support for marijuana legalization at 56%. The figure was 60% for New York City, 55% for downstate suburbs, and even 52% in conservative upstate. Three-quarters of voters under 35 supported legalization, while voters 55 and older were evenly split. The poll comes as Gov. Andrew Cuomo (D) is proposing a study to examine whether the state should legalize the weed.

Medical Marijuana

Utah House Fails to Pass Crucial Medical Marijuana Measure. The House last Friday voted to pass one medical marijuana bill, but failed to pass a crucial companion bill. The House passed House Bill 195, allowing terminally ill patients to use medical marijuana, but then failed to pass House Bill 197, which would have actually implemented the law by instructing the state Department of Agriculture and Food to write rules on growing marijuana and contract with a third party grower to grow the plant. "One is dependent on the other," said the bills' sponsor, Rep. Brad Daw (R-Orem), who is now second-guessing his decision to file the two bills separately. "Maybe it was the wrong policy, maybe it was the wrong decision." Meanwhile, a campaign to put a medical marijuana initiative before the voters in December is well underway.

Heroin and Prescription Opioids

Oxycontin Maker Will Quit Marketing Opioids to Doctors. Purdue Pharma, the manufacturer of Oxycontin, announced last Friday that it will stop marketing its opioid products to doctors. The move has been a key demand of numerous lawsuits blaming the company for helping to trigger the current wave of opioid misuse. Purdue said it had eliminated more than half its sales staff and will no longer send sales people to doctors' offices to discuss opioid drugs.

Drug Policy

Trump Nominates White House Staffer to Head Drug Czar's Office. The White House confirmed last Friday that White House staffer Jim Carroll has been nominated to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Carroll has been a top aide to White House chief of staff John Kelly. Before that, he was an executive at Ford Motor Company, and before that, he was an assistant state prosecutor in Fairfax, Virginia, where he prosecuted some drug cases. He appears to have no public health experience. The drug czar's office has been empty throughout the Trump administration -- a previous nominee, Tom Marino, was forced to step down after he was linked to a bill DEA officials said limited their ability to prosecute corporate opioid cases -- and just last week, the administration once again threatened to drastically cut its budget.

International

Philippine Senator Jailed for Opposing Duterte's Drug Crackdown Calls on Him to Support ICC Probe of Drug War Deaths. Sen. Leila de Lima, who has been imprisoned for a year now on trumped up charges for opposing President Rodrigo Duterte's bloody drug war, challenged Duterte in a statement Saturday to support a probe by the International Criminal Court into "the rash of extrajudicial killings" unleashed by Philippines police. "Thousands of Filipinos are getting killed, and sadly, President Duterte remains unperturbed," said De Lima. "He chooses to ignore reports of glaring human rights violations and abuses by police and security forces who put law in their hands instead of facing the issue head-on. If he has nothing to hide, then it's high time for the President to support the independent investigation into the human rights violations and abuses incessantly happening under his regime," she added.

Britain's West Midland Police Announce Plan for Prescription Heroin, Safe Injection Sites. West Midlands Police and Crime Commissioner David Jamieson has proposed allowing the provision of medicinal heroin to users unresponsive to other treatments, as well as a panoply of harm reduction measures, including "special consumption rooms," or safe injection sites. Jamieson said he hoped to see the proposals implemented by 2020.

Chronicle AM: Bernie Sanders Marijuana Petition, Dutch Bank Gets Huge Money Laundering Fine, More... (2/9/18)

A Bernie Sanders petition calls for marijuana legalization and an end to the drug war, a Dutch bank gets hit with a massive fine for cartel money laundering, New York's governor takes flak from drug reform groups on a couple of fronts, and more.

Bernie Sanders launches a petition calling for marijuana legalization and end to the drug war. (Wikimedia)
Marijuana Policy

Bernie Sanders Petition Asks Congress to Legalize Marijuana. Sen. Bernie Sanders (I-VT) has sent out an online petition to his email list subscribers asking Congress to legalize marijuana and "end the war on drugs." In 2015, Sanders filed the first ever marijuana legalization bill in Congress. Even though the petition is unlikely to lead to any results while Republicans control the Congress, it will help Sanders burnish his credentials as a leader of the progressive wing of the Democratic Party.

Arizona Legalization Bill Filed. Reps. Mark Cardenas (D-Phoenix) and Todd Clodfelter (R-Tucson) filed a marijuana legalization bill Thursday. HCR 2037 would legalize the possession of up to an ounce of pot, allow for the cultivation of up to six plants, and create a system of taxed and regulated marijuana production and sales. Voters narrowly rejected a legalization initiative there in 2016.

New Jersey Legalization Hearing Set for Next Month. Assemblyman Joseph Danielsen (D-Somerset), chairman of the Assembly Regulatory Oversight and Reform and Federal Relations Committee, said Thursday the committee will hold a hearing on marijuana legalization on March 5. Gov. Phil Murphy (D) campaigned on marijuana legalization and reiterated that pledge during his inaugural address last month.

Seattle to Expunge Past Marijuana Convictions. Following the lead of San Francisco, Seattle Mayor Jenny Durkan said Thursday the city is moving to automatically clear past misdemeanor convictions for marijuana possession. "For thousands of people in Washington state, a misdemeanor marijuana conviction had huge implications: It could be a barrier to housing, to getting credit, to getting good jobs and education," Mayor Jenny Durkan told a news conference. "It is a necessary step to right the wrongs of what was a failed war on drugs." Voters in Washington state approved marijuana legalization in 2012.

Medical Marijuana

Illinois Bill to Let People Prescribed Opioids Get Temporary Medical Marijuana Cards Advances. The Senate Executive Committee approved Senate Bill 336 on Wednesday. The bill would allow people who have been prescribed opioids to apply for a temporary medical cannabis card. If passed, those prescribed opioids would be able to participate in the program if their applications are approved by the state. The background check and fingerprinting process normally required for applicants of the program would also be waived that first year because of the urgency of the crisis.

Heroin and Prescription Opioids

New York Drug Reform, Harm Reduction Groups Criticize Governor's Move to Stiffen Fentanyl Analog Penalties. The Harm Reduction Coalition, the Drug Policy Alliance, and VOCAL-NY are among the organizations calling out Gov. Andrew Cuomo (D) over his move to add 11 fentanyl analogs to the state's controlled substances schedule, a change that would increase the number of fentanyl varieties that would garner top felony charges. "The governor boasts about giving law enforcement the tools they need to make more arrests, but says nothing about providing people at risk of overdose the tools they need to survive," Daniel Raymond of the Harm Reduction Coalition said Thursday. "We won't end the overdose crisis by filling up jail cells."

New Synthetic Substances

New York Drug Reform Groups Criticize Governor's Move to Further Criminalize Synthetic Cannabinoids. The Manhattan-based Drug Policy Alliance and the drug user group VOCAL-NY are opposing Gov. Andrew Cuomo's (D) call to further criminalize the sale of synthetic cannabinoids, also referred to as "synthetic marijuana" or "K2." Such laws do little to curb use, do nothing to increase public health and safety in New York State, and undermine the ability of the state to effectively prevent minors from obtaining the substances, the groups said. The state should just legalize marijuana instead, the groups said.

International

Dutch Bank Hit With $369 Million Fine for Laundering Mexico Drug Cartel Money. The Dutch bank Rabobank has been fined $369 million by the US government after it admitted handling millions in illicit funds, the Justice Department announced Wednesday. The bank also pleaded guilty to obstructing the investigation in trying to avoid repeating sanctions imposed on it in 2006 and 2008 for "nearly identical failures," DOJ said. "When Rabobank learned that substantial numbers of its customers' transactions were indicative of international narcotics trafficking, organized crime, and money laundering activities, it chose to look the other way and to cover up deficiencies in its anti-money laundering program," Acting Assistant Attorney General John Cronan said. A former Rabobank vice president, George Martin, entered into a deferred prosecution agreement with the US concerning his role in the case, according to the DOJ. He admitted -- in a federal court in San Diego in December -- to playing a role in setting up the policies that prevented additional controls. The bank will also have to pay a $50 million penalty to the Office of the Comptroller of the Currency.

Chronicle AM: DEA Emergency Ban on Fentanyl Analogs, Fox Legalization Poll, More... (2/7/18)

A Fox poll has support for legalization at an all-time high, Colorado's governor ponders freeing marijuana prisoners, the DEA emergency bans fentanyl analogues, New York's governor bans synthetic cannabinoids, and more.

Marijuana Policy

Fox News Poll Has Support for Marijuana Legalization at Record High. A new Fox News poll has the poll's highest numbers yet in support of freeing the weed. Some 59% said legalize it, up from 51% in 2015, 46% in 2013, and 26% in 2001. The Fox poll results are in line with other national polls, which are now typically showing support for legalization in the high 50s or low 60s.

Colorado Governor Ponders Freeing Marijuana Prisoners. Gov. John Hickenlooper (D) is considering releasing nearly 40 prison inmates serving time for nonviolent marijuana offenses. "Right now, we have not enough room left in our prisons. So if what these people are serving serious time for wasn't violent -- is no longer illegal -- maybe we should be looking at (whether) it safe to release them," he said in an interview with The Denver Post. "We are talking about going out and finding people who are still in prison, and saying, 'If you want to apply we think your application will have favor,'" Hickenlooper said.

Virginia Poll Has Strong Support for Decriminalization. A new poll from the Wason Center for Public Policy at Christopher Newport University has support for decriminalization at 76%, with even 60% of Republicans in favor. The poll comes a week after Republicans in the state Senate killed a decriminalization bill.

Heroin and Prescription Opioids

DEA Emergency Schedules All Illicit Fentanyl Analogs. The US Drug Enforcement Administration this week placed all illicit fentanyl analogues not already regulated by the Controlled Substances Act into Schedule I -- the category for substances with no currently accepted medical use -- for two years, with the possibility of a one-year extension. The action is intended to reduce these substances' flow into the country and slow the alarming increase in overdose deaths linked to synthetic opioids, but time will tell.

Kratom

FDA Ramps Up Warnings on Kratom, Calls It "Opioid." The Food and Drug Administration on Tuesday ramped up its warnings about kratom, saying that new research says the herb has "opioid properties" and is linked to 44 deaths. "We feel confident in calling compounds found in kratom, opioids," FDA Commissioner Scott Gottlieb said in a statement. New data has reinforced the agency concerns about kratom's "potential for abuse, addiction and serious health consequences, including death."

New Synthetic Substances

New York Governor Uses Temporary Budget Amendment to Ban Sales of Synthetic Cannabinoids. Gov. Andrew Cuomo (D) announced Wednesday a 30-day budget amendment to add 36 different synthetic cannabinoids to the state's controlled substance list. While the substances are banned federally, only some New York counties had banned them. "As the manufacturers of this poison continue to evolve and find new and insidious ways to skirt the law, New York's statutes must continue to keep pace," Cuomo said. "With this action, we'll continue to identify and crack down on hazardous compounds that emerge in our communities, and give law enforcement the tools they need to end this public health threat."

International

Canada Legalization Rollout Could Be Delayed. Federal Health Minister Ginette Petitpas Taylor said Tuesday that recreational marijuana sales will only begin a few months after legalization later this year because the new legal sales system will take time to begin working properly. The Liberal government wants the new law in place by July 1, but if it takes until that date, legal sales could be pushed back to the fall.

Israel Prime Minister Blocks Medical Marijuana Exports, Calls for More Studies. Prime Minister Benjamin Netanyahu has suspended plans to allow Israeli medical marijuana growers to export their crops pending new reviews by the Health Ministry and the chairman of the National Economic Council. The move came after a Sunday meeting where Public Security Minister Gilad Erdan presented data on the diversion of medical marijuana into recreational markets.

Six States That Could Pass Marijuana Initiatives This Year [FEATURE]

While marijuana reform efforts continue at an excruciatingly slow pace in state legislatures -- Vermont became the first state to free the weed at the statehouse just last month -- the initiative and referendum process continues to serve as a direct popular vote alternative to the crap shoot that is trying to get a pot bill through two houses and signed by a governor.

There are at least six states with a serious shot at legalizing either recreational marijuana or medical marijuana via the initiative process this year. In one state, a medical marijuana initiative has already qualified for the ballot; in another, plentiful signatures have already been handed in for a legalization initiative; in three others, signature gathering campaigns are well underway; while in the last, a legalization initiative hasn't been officially filed yet, but already has serious financial backing.

By the time we get past election day, we should be looking at a legalization victory in at least one more state and medical marijuana victories damned near anywhere an initiative manages to get on the ballot. In the last election cycle, marijuana reform initiatives won in eight out of nine contests.

Here are the 2018 contenders:

1. Michigan -- Legalization

The Michigan Coalition to Regulate Marijuana Like Alcohol has already completed a petition campaign and handed in more than 365,000 raw signatures in November for its legalization initiative. It hasn't officially qualified for the ballot yet, but it only needs 250,000 valid voter signatures to do so, meaning it has a rather substantial cushion. If the measure makes the ballot, it should win. There is the little matter of actually campaigning to pass the initiative, which should require a million or two dollars for TV ad buys and other get-out-the-vote efforts, but with the Marijuana Policy Project on board and some deep-pocketed local interests as well, the money should be there. The voters already are there: Polling has shown majority support for legalization for several years now, always trending up, and most recently hitting 58% in a May Marketing Resource Group poll.

2. Missouri -- Medical

New Approach Missouri's Right to Medical Marijuana initiative would legalize the use of medical marijuana for specified medical conditions and create a system of taxed and regulated medical marijuana cultivation, distribution, and sales. The campaign is well into its signature gathering phase and reported this week that it already has 175,000 raw signatures. It only needs 160,000 verified valid voter signatures, but has set a goal of 280,000 raw signatures to provide a comfortable cushion. Signature gathering doesn't end until May 6. There is no recent state polling on the issue, but medical marijuana typically polls above 80% nationally.

3. New Mexico -- Legalization

The Land of Enchantment has a unique path to a popular vote on marijuana legalization: A measure before the legislature, Senate Joint Resolution 4, would, if approved, take the issue directly to the voters in November. New Mexicans would vote on a constitutional amendment to legalize weed, and if they approved it, the legislature would meet next year to promulgate rules and regulations. The measure passed one Senate committee on Friday, but still faces another Senate committee vote, a Senate floor vote, and action in the House, and the clock is ticking. Supporters have only about two weeks to move this bill before the session ends. If it can get before the voters, it could win: A poll last week had support at 61%.

4. Ohio -- Legalization

Responsible Ohio tried to legalize marijuana in 2015 via a "pay to play" initiative that would have created a growers' oligopoly limited to cash-heavy early supporters who financed the entire campaign. Ohio voters didn't buy that, so some of the players are back again with what they're calling the Regulate Marijuana Like Alcohol Amendment. It hasn't been officially filed yet, but would reportedly have a "free market" approach to a system of taxed and regulated cultivation, distribution, and sales, and it would allow for personal cultivation. Organizers say they have $3 million already for signature gathering and campaigning. They will need 305,592 valid voter signatures and they have a goal of July 4 for getting them.

5. Oklahoma -- Medical

The Oklahoma medical marijuana initiative, State Question 788, has already qualified for the ballot and will go before the voters during the June 26 primary election. The initiative legalizes the use, cultivation, and distribution of medical marijuana to qualified patients. A January Sooner poll had support at 62%, a fairly low level of support for medical marijuana, which typically polls above 80% nationwide. But this is Oklahoma.

6. Utah -- Medical

The Utah Medical Cannabis Act would allow patients with certain qualifying conditions to use medical marijuana. It limits the numbers of dispensaries and growers, and patients could only grow their own if they reside more than 100 miles from the nearest dispensary. Patients could not smoke their medicine, but they could vaporize it. The Utah Patients Coalition is currently in the midst of its signature gathering campaign. It needs 113,000 verified voter signatures by April 15, and it has the money in the bank, including $100,000 from the Marijuana Policy Project, to get it done. A series of polls last year had support levels ranging from 69% to 78%.

Chronicle AM: San Francisco SIJs Coming Soon, House Dems Want Pot Hearing, More... (2/6/18)

Safe injection sites are coming to San Francisco, House Democrats want a hearing on Sessions' backwards-looking marijuana policies, CBD bills pass in Indiana and Virginia, and more.

Kellyanne Conway. This is who is effectively running White House opioid policy. (Twitter)
Marijuana Policy

House Judiciary Committee Democrats Demand Hearing on Sessions Marijuana Policy. In a letter to House Judiciary Committee Chair Rep. Bob Goodlatte (R-VA), eleven Democratic members of the committee called on him to hold a hearing of the full committee to discuss recent moves by Attorney General Sessions to roll back laissez-faire Obama-era policies regarding enforcement of federal drug laws in marijuana-legal states. In the letter, the Democrats said they feared new Justice Department policies "will promote an inefficient use of limited taxpayer resources and subvert the will of voters who have clearly indicated a preference for legalized marijuana in their states."

Delaware's Governor Remains Opposed to Marijuana Legalization. After months of meeting with legalization supporters, Gov. John Carney (D) has rebuffed their efforts to get him on board. "There are a lot of people who are pushing that. I don't think it's a good idea to be out ahead of that, [to be] one of the lead states there," Carney told WHYY-TV. "I've talked to my colleagues, governors from Colorado and the state of Washington, and they talk about some of the unintended negative consequences." While he did not say he would veto a legalization bill, he remains strongly opposed: "I just don't think we ought to be a leader there. Again, as we're trying to strengthen our workforce, create an environment where companies can be successful to make Delaware stronger, I don't think that will do it."

California Bill Would Allow For Consumption at Special Events. Assemblyman Bill Quirk (D-Hayward) has filed a bill that would allow for the sale and consumption at temporary special events. Assembly Bill 2020 would allow a state agency to issue temporary event licenses allowing sales and consumption. "These events support local economies and small businesses," Quirk said in a statement. "Despite the fiscal and communal benefits such events bring to a city or local community, current law prohibits local governments from approving applications for cannabis sales at special events if they are held anywhere but county property," he added. The measure is also sponsored by the city of Oakland.

Medical Marijuana

Indiana Senate Joins House in Passing CBD Bill. The Senate voted 35-13 Monday to approve Senate Bill 294, which would allow any state resident to purchase and use CBD cannabis oil. Similar legislation passed the House last week on a unanimous vote.

Virginia Senate Passes CBD Bill. The Senate voted unanimously Monday to approve Senate Bill 726, which would allow doctors to recommend the use of CBD cannabis oil or THC-A oil. The House passed a companion bill, also unanimously, last Friday. The bill now awaits the governor's signature.

Heroin and Prescription Opioids

Drug Czar's Office Frozen Out of Trump Administration's War on Opioids. White House counselor Kellyanne Conway has effectively taken control of the administration's opioids agenda, largely sidelining the Office of National Drug Control Policy (ONDCP -- the drug czar's office), according to a report in Politico. The report says Conway is "quietly freezing out drug policy professionals and relying instead on political staff to address" the opioid crisis. The main response so far has been to demand a border wall and to suggest a sort of "just say no" program. The administration is expected to propose massive cuts in the drug czar's office this month.

West Virginia Governor Sets New Plan, Names New Drug Policy Director. Gov. Jim Justice (D) said Monday the state will take a different approach to the opioid crisis by focusing a pilot program on two of the state's hardest hit counties. Justice said there wasn't enough funding to fight the crisis in all 55 counties, but that statewide efforts would continue. "We know that everything we've tried so far has failed," he said. Justice also announced the appointment of Dr. Michael Brumage as the new director of the state Office of Drug Control Policy.

Drug Testing

Vermont GOP Bill Would Require Drug Screening, Testing for Public Assistance. House Minority Leader Don Turner (R-Milton) has filed a bill, House Bill 866, that would require people seeking public assistance to undergo screening for substance abuse and undergo drug testing if the screening process suggests drug use. Those who failed drug tests cold still receive assistance if they agreed to and completed drug treatment, but refusing treatment or failing to complete it would result in loss of benefits.

Harm Reduction

San Francisco Should See Safe Injection Sites by July.San Francisco Department of Public Health Director Barbara Garcia said Monday the city is on track to open its first two safe injection sites around the beginning of the new fiscal year on July 1. She said she is working with six to eight nonprofits that already operate needle exchanges and other drug addiction services and will choose two of them to open safe injection sites. The sites will initially be privately funded, which will help the city avoid liability, since intravenous drug use is a crime under both state and federal law. Opening the sites will not require the approval of the city's Board of Supervisors or other city officials, she said.

International

British Columbia Sets More Legal Pot Rules. The provincial government announced Sunday that marijuana will not be sold in the same stores as alcohol and that in urban areas, licensed retailers would only be able to sell marijuana and accessories -- not other products, such as food, gas, clothing, and lottery tickets. Rural areas will qualify for exceptions to the general rule. Also, people 19 and over will be able to possess up to 30 grams in public, and smoking will generally be allowed in public spaces where smoking is allowed. Adults will be able to grow up to four plants per household, but landlords will be able to bar tenants from growing.

Colombia Says Armed Groups Impeding Coca Crop Substitution. Colombian Post-Conflict Minister Rafael Pardo said Sunday that illegal armed groups are impeding the country's efforts to replace illicit coca crops with legal ones. The comments came after a United Nations verification team was attacked last week by dissident FARC guerrillas. Pardo also pointed a finger at Marxist ELN guerrillas. Both groups, as well as rightist paramiitaries, continue to try to benefit from the illicit coca and cocaine trade.

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