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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.


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: FL Voting Init Qualifies for Ballot, NYC Sues Big Pharma Over Opioids, More... (1/24/18)

More than a million Floridians would regain their right to vote in November after an initiative qualfied for the ballot, California small pot growers sue to stop concentration in the industry, New York City sues opioid manufacturers and seeks half a billion in damages, and more.

A Florida initiative that would restore the voting rights of felons is headed for the November ballot. (Wikimedia)
Marijuana Policy

California Growers' Group Sues to Block Huge Grow Operations. The California Growers Association, which represents small marijuana cultivators, filed suit in Sacramento Tuesday to block state rules it fears could open the way for huge commercial marijuana operations, driving its members out of business. Although the state has put a moratorium on large marijuana grows, state regulators are allowing businesses to acquire an unlimited number of licenses for smaller grows, which could lead to monopolization of the industry and have "a devastating effect" on small growers.

Maine GOP, Governor Seek to Delay Legalization Implementation. Tea Party Gov. Paul LePage (R) and legislative Republican leaders said Tuesday they want to extend a moratorium on the launch of legal pot businesses in the state until January 2019 and they will refuse to support a bill now before lawmakers that would extend the moratorium only until April 18. Voters approved marijuana legalization in November 2016. The proposed April 18 moratorium bill was unanimously approved by the Marijuana Legalization Implementation Committee last week, and is likely to come up for a vote Thursday on the Senate floor.

Massachusetts Marijuana Sanctuary State Bill Filed. Last Friday, Reps. Dave Rogers (D-Cambridge) and Mike Connolly (D-Cambridge) filed a bill that would prevent state and local authorities from cooperating with federal authorities attempting to enforce federal marijuana laws against state-legal marijuana businesses. The Refusal and Compliance Act would prevent police from handing over people in compliance with state marijuana laws unless federal authorities have a warrant.

Medical Marijuana

Another Utah Poll Shows Strong Support for Medical Marijuana Initiative. A new poll from the Salt Lake Tribune and the University of Utah's Hinckley School of Politics has support for a proposed medical marijuana initiative at 76%. That's nearly identical to the 75% approval polled in October. The poll comes as the Utah Patients Coalition, which is sponsoring the initiative, moves toward completing its signature-gathering campaign.

Heroin and Prescription Opioids

New York City Sues Big Pharma Over Opioid Crisis. The city filed suit against a handful of opioid manufacturers Tuesday in Manhattan Supreme Court. The lawsuit aimed at "corporate drug pushers" seeks $500 million from Johnson & Johnson, Cephalon, Purdue Pharma, Teva, and Janssen. The city saw more than a thousand opioid overdose deaths last year.

Asset Forfeiture

Alabama Asset Forfeiture Reform Bill Filed. Rep. Arnold Moore filed a bill Tuesday to curb the widespread use of civil asset forfeiture. House Bill 287 would effectively end civil asset forfeiture by requiring a criminal conviction before seizing someone's property.

Harm Reduction

Philadelphia Takes Step Toward Approving Safe Injection Sites. City officials announced Tuesday that they would allow a safe injection site as part of an effort to stem the rising tide of opioid overdose deaths. The city won't operate the site itself, but is now preparing to solicit operators interested in setting up such a site. There are no sanctioned safe injection sites in the US, although a number of other cities, including Denver, New York, San Francisco, and Seattle are considering them.

Voting Rights

Florida Initiative to Restore Voting Rights to Felons Qualifies for Ballot. The Voting Restoration Amendment, which would restore voting rights to more than a million Floridians with felony records, has qualified for the November ballot. Campaigners led by Floridians for Fair Democracy gathered more than the 799,000 valid voter signatures to qualify, state figures showed Tuesday. Because it is a constitutional amendment, the measure will need 60% of the vote to pass.

Federal Marijuana Justice Act Filed in House [FEATURE]

Attorney General Sessions' announcement last week that he was rescinding Obama-era guidance to federal prosecutors to generally leave law-abiding marijuana operations alone in states where it is legal has paradoxically had the effect of energizing the movement to legalize marijuana at the federal level. The latest evidence of the reaction came Wednesday, as Congresswoman Barbara Lee (D-CA) and Congressman Ro Khanna (D-CA) filed a legalization bill in the House.

Oakland's Democratic Rep. Barbara Lee (Wikimedia)
And it's not just any legalization bill. Their Marijuana Justice Act would help correct decades of injustice surrounding the discriminatory enforcement of marijuana criminalization laws in the United States.

"We intend to end this destructive war on drugs, and this legislation will do that," said Lee at press conference rolling out the bill. "It's a roadmap for ending the drug war, but it also begins to address mass incarceration and disinvestment in communities of color. It is an essential step to correcting the injustices of the failed war on drugs, namely racial disparities in arrests and incarceration."

In addition to ending federal marijuana prohibition by removing the drug from the DEA's list of controlled substances, the bill would allow anyone currently serving a sentence for drug possession to appeal for judicial review of his or her sentence. It would also use federal spending to incentivize states to reform their marijuana laws "if those laws were shown to have a disproportionate effect on low-income people and/or people of color."

That last provision is especially striking given that nearly every state disproportionately arrests and imprisons blacks for marijuana. With this language, the federal government could become an engine for state-level marijuana legalization instead of an impediment to it.

"This would force states with records of racial bias in arrests and sentencing to clean up their acts by cutting funds to the worst offenders," said Lee.

But even that would only begin to repair the damage done by the drug war, the Oakland congresswoman explained.

"It's not enough to just expunge records and end over-incarceration," Lee said. "Restorative justice is extremely important, and these victims of our failed policies deserve our support during the reentry process, too."

Rep. Ro Khanna (D-CA)
For bill cosponsor Rep. Ro Khanna (D-CA), it's the economics, but not just in the traditional sense of increased economic activity and tax revenues. While he pointed to the potential economic gains of legalization, he also highlighted the opportunity costs of pot prohibition and underlined provisions in the bill that would spend federal funds to invest in communities ravaged by the drug war.

"The estimates are that legalization would lead to a $40 billion a year industry, with a million jobs and $7 billion tax revenues, which would more than offset the $500 million in the bill to help invest in communities of color. It's a net gain for government and for job creation," Khanna noted.

"But the economic impact is so much broader," he pointed out. "How many people of color got arrested at 19, 20, or 25? That represents hundreds of millions of dollars in lost economic potential. With this bill, we're not just talking about legalization, but about giving people a second chance.

The Marijuana Justice Act is the House version of the bill introduced in the Senate earlier this year by Sen. Cory Booker (D-NJ), Senate Bill 1689. Booker was at Wednesday's press conference for the House version.

"There is a rush of enthusiasm for legalization," he said, "but it seems like hypocrisy and injustice if you legalize it but don't ty to undo the damage of the war on drugs. You can't get a Pell grant or a business or professional license for doing something three out of our last four presidents have admitted doing. The war on drugs is one of the greatest assaults on people of color since Jim Crow, and that's why this is a very happy day for me. We're trying to make this nation live up to is promise of liberty and justice, not just for the privileged few, but for all.

Sen.Cory Booker (D-NJ) filed the Senate version of the bill last August.
"I think we are seeing momentum growing," Booker continued. "People who were skeptics are being converted. A lot of people are aware of how unjust this has been, and now there is more confidence from seeing early state like Colorado be so successful."

Indeed. One of the most politically striking moments since the Sessions announcement was Colorado Republican Sen. Cory Gardner -- not a supporter of legalization -- taking to the Senate floor to excoriate Sessions over the move and vow to block Justice Department nominees until Sessions reverses himself.

"More than 30 states have passed marijuana reforms," said Lee. "The grassroots and democracy is working. You will see members of the House and Senate move forward because the public supports this. It can't be stopped."

"We are at a tipping point, with nearly two-thirds supporting marijuana legalization and an overwhelming 91% supporting medical marijuana, said Queen Adesuyi of the Drug Policy Alliance, which has been working closely with Booker and Lee on the bills. "Eight states have already legalized it, with Vermont and New Hampshire on the cusp. Yet, Attorney General Sessions continues to threaten the states. It's time to legalize marijuana, protect patients, and end federal marijuana prohibition."

While momentum is building, the bills both face an uphill battle in their respective chambers. The Booker bill, introduced last August, still has only one cosponsor, Oregon Democrat Sen. Ron Wyden, and there is no indication it will get even a committee hearing this session. Lee and Khanna's House version of the bill already had a dozen cosponsors on day one, but again, it is unlikely to get a hearing under the House Republican leadership.

But the legalization bills could fare better next year if the Democrats manage to take back the House and/or the Senate. And Jeff Sessions' war on weed could help them to do just that.

(This article was prepared by's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. 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.)

Senate Heavyweights File Sentencing Reform Bill [FEATURE]

A bipartisan group of Senate heavy-hitters have filed a bill aimed at reducing the swollen federal prison population by moving away from harsh mandatory minimum drug sentences, among other reforms. But it's not completely reformist.

Senate Judiciary Committee Chair Chuck Grassley -- the face of sentencing reform? (Official photo)
The measure is 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, it also includes new mandatory minimum sentences for some crimes, including some drug offenses. Those provisions will provide political cover to conservatives fearful of being tagged "soft on crime," but tired of perpetuating failed drug war policies.

The federal prison system has swollen dramatically since President Reagan reinvigorated Nixon's war on drugs. According to the federal Bureau of Prisons, the federal prison population has increased eight-fold since 1980, and while it peaked in 2012 and 2013, before Obama era sentencing reforms began to bite, there are still 192,000 people currently behind bars in the federal system.

The federal incarceration boom has largely been driven by the war on drugs. While the prison population jumped eight-fold, the number of drug prisoners jumped nearly 25-fold during the same period, according to the Sentencing Project. The nearly 81,000 people currently doing federal time for drug crimes constitutes nearly half (46.2%) of all federal prisoners.

The reform bill, S. 1917, was rolled out Wednesday by Senate Judiciary Committee Chairman Chuck Grassley (R-IA), ranking committee Democrat Dianne Feinstein (D-CA), and Democratic Senate Whip Dick Durbin (D-IL), along with cosponsors senators Mike Lee (R-UT), Sheldon Whitehouse (D-RI), Lindsey Graham (R-SC), Patrick Leahy (D-VT), Jeff Flake (R-AZ), Cory Booker (D-NJ), Tim Scott (R-SC), and Roy Blunt (R-MO).

"Our justice system demands consequences for those who choose to run afoul of the law, and law enforcement works hard to keep our communities safe," said Grassley. "This bipartisan compromise ensures that these consequences fit their crimes by targeting violent and career criminals who prey on the innocent while giving nonviolent offenders with minimal criminal histories a better chance to become productive members of society. This bill strikes the right balance of improving public safety and ensuring fairness in the criminal justice system. It is the product of much thoughtful deliberation, and we will continue to welcome input from stakeholders as we move forward."

"This compromise represents more than five years of work on criminal justice reform," said Durbin. "The United States incarcerates more of its citizens than any other country on earth. Mandatory minimum sentences were once seen as a strong deterrent. In reality they have too often been unfair, fiscally irresponsible and a threat to public safety. Given tight budgets and overcrowded prison cells, our country must reform these outdated and ineffective laws that have cost American taxpayers billions of dollars. This bipartisan group is committed to getting this done."

Given who is behind it and the senatorial compromise it represents, the measure actually has a chance of moving in the Republican-controlled body. Still, even if it were to pass there, sentencing reform faces murkier prospects in the House and, if the first months of the Trump administration are any indication, implacable hostility from the White House and the Justice Department.

According to a summary from the Senate Judiciary Committee, the bill:

  • Reduces enhanced mandatory minimums for certain non-violent drug offenders and eliminates the mandatory life provision for third strike offenders.
  • Increases judicial discretion by expanding existing the "safety valve" allowing judges to sentence beneath federal guidelines to include offenders with broader criminal histories, including people with prior felonies or violent or drug trafficking offenses if a court finds those offenses overstate a defendant's criminal history and recidivism risk. The bill also creates a second "safety valve" allowing judges to sentence some low-level drug offenders below the 10-year mandatory minimum.
  • Reforms sentences for drug offenses with firearms to clarify that enhanced mandatory minimums only apply for people who have previously been convicted and served a sentence for such an offense and gives judges the discretion to order lesser sentences if the firearm wasn't brandished or discharged during the commission of a drug or violent crime. This provision would prevent abominations like the case of Weldon Angelos, the Salt Lake city music producer who got nailed for selling $350 worth of marijuana to a police informant, but ended up being sentenced to 55 years because he had a pistol in an ankle holster when he did his pot deals. (He was released last year after winning a sentence reduction.)
  • Makes the Fair Sentencing Act and certain other sentencing reforms retroactive, which would allow some nonviolent offenders current serving time to seek sentence reductions upon a judicial review.
  • Establishes programs to reduce recidivism, including work and education programs, drug rehabilitation, job training, and faith-based programs. Prisoners who successfully complete those programs could get to serve up to the final quarter of their sentences under home confinement or in a reentry center.
  • Limits solitary confinement for juveniles in federal custody.
  • Creates a national criminal justice commission to undertake a comprehensive review of the criminal justice system.
  • Creates new mandatory minimums for interstate domestic violence and providing weapons and defense materials to prohibited countries or designated terrorist groups, and creates a five-year sentencing enhancement for trafficking heroin containing fentanyl.

There's plenty in there to appeal to sentencing reformers, and some sops to conservatives, but from a drug reform and anti-prohibitionist perspective, this is just some fixes on the back end. From that vantage point, instead of haggling over how many months to shave off some poor sap's sentence, we should be questioning why he was even arrested and prosecuted in the first place.

But you have to start somewhere, and ameliorating some of the cruelest injustices of the drug war is a good place to get going.

Chronicle AM: Fed Sentencing Reform Bill Filed, Colombia Coca Clashes, More... (10/6/17)

Leading senators roll out a federal sentencing reform bill, Jeff Sessions ramps up the Safe Neighborhoods program, the VA doubles down against medical marijuana, more clashes erupt in Colombia's coca producing areas, and more.

A newly filed Senate bill seeks to address prison overcrowding. (
Marijuana Policy

Alaska Just Keeps On Selling More and More Legal Weed. The state broke its marijuana sales record for the sixth consecutive month in August, a trend that officials expect to continue when September figures come in. Farmers sold 734 pounds of buds and 444 pounds of other marijuana plant parts to retailers in August, generating nearly $700,000 in taxes for the state.

Kentucky State Senator Calls for Legalization to Ease Budget Crunch. With the state facing a $200 million budget deficit this year, state Sen. Dan Seum (R-Fairdale) has suggested that legalizing marijuana could help. "My argument is before any new taxes, let's explore the potential of new monies," he told WKYT Thursday.

Maine Legalization Bill Now Requires Town to Opt In, Not Opt Out. Under the latest iteration of the legislature's bill to implement voter-approved marijuana legalization, localities would have to act affirmatively to allow medical marijuana businesses. That's the opposite of what the legalization initiative intended, which was to make localities opt out of participation if they didn't want pot businesses. The latest version of the bill is now headed for a floor vote on October 23.

San Diego Sets Legal Marijuana Business Rules. California's second largest city has made itself ready for legal marijuana. The city has finalized rules for pot growing and manufacturing ahead of the scheduled January 1 start date for legal marijuana sales. It will allow both indoor cultivation and manufacturing, as well as testing labs.

Medical Marijuana

Veterans Department Reiterates Opposition to Medical Marijuana Use. VA policy has been to disallow government doctors from recommending medical marijuana, but now, the agency has updated its website to state that opposition more firmly -- and inaccurately. As Tom Angell at Marijuana Majority noted, the website's claim that "as long as the Food and Drug Administration classifies marijuana as Schedule I drug, VA health care providers may not recommend it or assist veterans to obtain it" is not technically true. There is no law barring the VA from allowing its doctors to recommend medical marijuana.

WADA No Longer Considers CBD a Prohibited Drug. The World Anti-Doping Authority (WADA) has removed CBD from its 2018 list of prohibited substances. "Cannabidiol is no longer prohibited," WADA said. But it emphasized that THC, the euphoric psychoactive chemical in marijuana, remains banned and that CBD products could contain actionable amounts of THC. "Cannabidiol extracted from cannabis plants may contain varying concentrations of THC," WADA noted.

Heroin and Prescription Opioids

Federal Bill to Increase Opioid Prescribing Requirements Filed. Rep. David Roe (R-TN) Thursday filed House Resolution 3964, "to amend the Controlled Substance Act to establish additional registration requirements for prescribers of opioids." The bill text is not yet available on the congressional web site.

Law Enforcement

Justice Department Ramps Up Safe Neighborhoods Program. Attorney General Jeff Sessions announced Thursday plans to ramp up efforts against drug trafficking and violent gangs through the Project Safe Neighborhoods initiative. In a memo, the country's top cop ordered federal prosecutors to emphasize violent crime reduction and develop plans to work with local police and prosecutors in the effort.


Senate Heavyweights File Sentencing Reform Bill. A bipartisan group of senators today reintroduced the Sentencing Reform and Corrections Act of 2017 to recalibrate prison sentences for nonviolent drug offenders, target violent and career criminals and save taxpayer dollars. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. It is led by Senate Judiciary Committee Chairman Chuck Grassley (R-IA), Senate Democratic Whip Dick Durbin (D-IL) and senators Mike Lee (R-UT), Sheldon Whitehouse (D-RI), Lindsey Graham (R-SC), Patrick Leahy (D-VT), Jeff Flake (R-AZ), Cory Booker (D-NJ), Tim Scott (R-SC), Dianne Feinstein (D-CA) and Roy Blunt (R-MO). The bill is S. 1917. Check back for a Chronicle feature on the bill.


Four Killed in Colombia Clashes Between Coca Growers, Eradicators. Four people are dead and 14 wounded after somebody attacking protesting coca farmers in the municipality of Tumaco, along the Pacific Coast. The government blamed members of a dissident FARC faction that has refused to lay down its arms, but local activists blamed government security forces for opening fire. Clashes between coca growers and security forces have become more frequent as production of cocaine in Colombia surged to record levels in recent years.

Chronicle AM: MJ Policy Keeps Northeast Busy, Major Louisiana Sentencing Reforms, More.... (6/16/17)

Marijuana policy continues to roil statehouses across the Northeast, a US senator and a congressman file identical medical marijuana protection bills, Louisiana -- the lock 'em up state -- enacts comprehensive sentencing reforms, and more.

Marijuana Policy

Massachusetts to Get New Legalization Rewrite Bill on Monday. After criticism and errors in the text force the House leadership to pull its marijuana legalization rewrite bill this week, House committee chair Rep. Mark Cusack (D-Braintree) said a redrafted version of the bill would be released on Monday, with debate expected in the House on Wednesday. At issue are tax rates and a governance model for the industry.

New Jersey Arresting More People Than Ever for Marijuana, ACLU Report Finds. Marijuana arrests have climbed steadily in the state in recent years, with black residents three times more likely than whites to be targeted. The report, which analyzed FBI Uniform Crime Report and U.S. Census data from 2000 to 2013, comes as lawmakers are making a push to legalize marijuana in the state. The report found a steady increase in marijuana arrests over that period, from 19,607 in 2001 to 24,067 in 2013.

Rhode Island Legalization Advocates Offer Compromise Bill. Rep. Scott Slater (D-Providence) and Sen. Joshua Miller (D-Cranston), along with Regulate Rhode Island, have outlined a compromise bill that would legalize the possession of up to an ounce of marijuana starting July 1, 2018, with an advisory board to study the effects of legalization and report to the General Assembly next year on setting up a taxed and regulated system of marijuana commerce. Assembly leaders are pushing a bill that would defer legalization until a legislative commission studies the issue.

Vermont Governor Says Legalization Deal Still Possible. Gov. Phil Scott said Thursday an agreement with legislators on marijuana legalization is still possible this year. Scott vetoed the legalization bill last month, citing concerns about drugged driving and children. "We are still negotiating," Scott said. "They understand... what my reservations are in terms of what they're planning, but I still think it's workable." If an agreement is reached, House Republicans would have to agree to suspend the rules of the veto session to allow a vote on the pot bill. They do not sound very interested in that, but Scott has said that if he can reach agreement on a bill, he will try to persuade his GOP colleagues to allow a vote.

Medical Marijuana

Corey Booker, Steve Cohen File Identical Medical Marijuana Protection Bills. Tennessee Democratic Rep. Steve Cohen has filed House Resolution 2920, "to extend the principle of federalism to drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana." New Jersey Democratic Sen. Cory Booker has filed a companion bill, Senate Bill 1374, in the upper chamber.

Michigan Lawmakers File Medical Marijuana Billboard Ad Ban Bills. State Sen. Rick Jones (R) and Rep. Andy Schor (D) have filed identical bills that would effectively ban billboard for medical marijuana businesses. The bills are Senate Bill 463 and House Bill 4767. They are not yet available on the state legislative web site.

Pennsylvania Governor Warns Session Against Interfering with Medical Marijuana. In a sharply worded letter, Gov. Tom Wolf (D) warned Attorney General Jeff Sessions not to interfere with medical marijuana in the state. "For a lot of patients, this is the only medicine that works. So for him to go after medical cannabis is kind of flying in the face of science and the facts," said a spokesman for the governor.

Criminal Justice

Louisiana Enacts Comprehensive Criminal Justice Reforms. Gov. John Bel Edwards (D) on Thursday signed a package of 10 bills that shrink sentences, mostly for nonviolent offenders, and expand parole and probation and reentry opportunities for offenders. The state has the highest proportion of its population behind bars of any state, but Edwards predicts that the new laws will see the state's prison population falling by as much as 10% in the next decade. The bills are House Bills 116, 249, 489, 519, 680 681 and Senate Bills 16, 139, 220, 221. They can be viewed at the state legislative website.


British Columbia Court Throws Out Mandatory Minimums for Marijuana Producers. The BC Court of Appeals last week threw out the mandatory minimum sentence for people caught producing more than six marijuana plants, saying the law mandating it was unconstitutional. "I note that a six-month sentence is typical for a first-time trafficker involved in a relatively sophisticated commercial dial-a-dope operation. Imposing that sentence on a 19-year-old student or a migraine sufferer who is growing six plants intending to share them with friends would, in my view, be abhorrent to most Canadians," the trial court judge held, instead giving the man a suspended sentence. The government appealed, and lost last week.

Chronicle AM: Sessions Sought Free Rein on MedMJ, VT Legalization Still Alive, More... (6/14/17)

Lots of marijuana policy news today, plus GOP Rep. James Sensenbrenner files a bill to reauthorize the Second Chance Act.

Marijuana Policy

California Pot Shops Could Sell Both Recreational and Medical Marijuana Under New Proposal. Gov. Jerry Brown (D) and state legislators proposed Monday to allow medical and recreational marijuana to be sold by the same shops. The move was one of dozens of new regulations aimed at merging the medical and recreational marijuana industries contained in budget bills released Monday.

Nevada Lawsuit That Threatens July 1 Sales Date Still Alive. A Carson City district court judge on Tuesday denied the state's motion to dismiss a lawsuit brought by liquor distributors seeking a cut of the action in the state's emerging legal marijuana industry. The liquor distributors have won a temporary restraining order holding up the implementation of the state's marijuana sales law until their lawsuit is settled. The distributors claim the state's regulations for licensing marijuana distributors are arbitrary and unfair. This means the state's early July 1 legal sales goal is in jeopardy.

Nevada Governor Signs Three Pot Bills, Vetoes One. Gov. Brian Sandoval (R) has signed a bill setting a 15% wholesale tax on both medical and recreational marijuana (Senate Bill 478), and bills adjusting medical marijuana regulations (Senate Bill 344 and Assembly Bill 422), but vetoed a bill that would have allowed those convicted of past marijuana-related crimes involving an equal or lesser amount of what's now legal to have that crime vacated from their criminal records (Assembly Bill 259).

Rhode Island Legislature to Vote on Study Bill, But Advocates Say No Thanks. Marijuana legalization supporters said Wednesday they will not participate in a legalization study commission if it is approved by the General Assembly, calling it "a flawed delay tactic." Instead, Regulate Rhode Island is calling on legislative leaders to vote on a bill that would legalize personal possession and cultivation, but include no immediate plans for taxed and regulated marijuana commerce.

Vermont Governor, Legislative Leaders Move Toward Compromise on Legalization. After Gov. Phil Scott (R) vetoed the legalization bill, Senate Bill 16, he said he didn't oppose legalization in principle, but had concerns about youth use and impaired driving. He also said he wanted a study commission in the bill to have more time to examine how the state could implement legal marijuana commerce. Now, legislative leaders say they have come up with compromise language that addresses his concerns, including tougher penalties for selling to children and longer sentences for smoking in a car when a child is present. A spokesman for the governor said "We're making good progress toward an agreement." Legislators will need Republicans to waive a rule to bring the issue up for consideration during a looming special session, but Scott said if an agreement on the bill could be reached, he would seek to persuade Republican legislators to allow it to be taken up.

Medical Marijuana

Attorney General Session Asked Congress to Let Him Go After Medical Marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states "from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana." In a letter urging congresspeople to walk back the amendment, Sessions said the law would "inhibit [his department's] authority to enforce the Controlled Substances Act." Hat tip to Tom Angell at MassRoots, who first obtained the letter.


Rep. Sensenbrenner Files Second Chance Act Reauthorization Bill. Rep. Jim Sensenbrenner( R-WI) has filed House Resolution 2899 to reauthorize the Second Chance Act of 2007. That law provides funding to state, local, and tribal governments that are working to reduce recidivism and improve outcomes for people getting out of jail or prison.

Chronicle AM: France Marijuana Decrim, PA High Court Reins in Forfeiture, More... (5/26/17)

France is moving toward marijuana decriminalization, perhaps as early as September, Vermont legalization supporters still hold out hope, and more.

Vive la France!
Marijuana Policy

New Hampshire Senate Committee Votes to Establish Commission to Study Marijuana Legalization. The Senate Judiciary Committee voted Thursday to approve House Bill 215, which would create a 22-member commission to study"the possible impacts of changing state policy to treat marijuana in a manner similar to the way the state deals with alcohol and shall study the legalization, regulation, and taxation of marijuana including the specific issues related to growing, selling, taxing, limiting use, advertising, promoting, and otherwise regulating marijuana and marijuana-infused edible products." The bill has already passed the House and now heads for the Senate floor.

Vermont Legalization Supporters Seek Compromise. In the wake of Gov. Phil Scott's (R) veto of the Senate Bill 22 legalization measure, supporters are seeking to find a compromise that will make the governor comfortable signing off on legalization. Scott said he wanted more aggressive penalties for driving under the influence or smoking in front of children and clearer and harsher penalties for selling and providing marijuana to minors. But Senate Judiciary Committee Chair Sen. Richard Sears (D-Bennington), a legalization supporter, said while compromise was possible, it might not happen if Republicans don't agree to suspend legislative rules to allow the legislation to move more quickly during a two-day summer session.

Medical Marijuana

Prohibitionist Senators File CBD Research Bill. Two of the Senate's most ardent prohibitionists, International Narcotics Control caucus leaders Sens. Dianne Feinstein (D-CA) and Chuck Grassley (R-IA) filed a bill to expand research into the medical benefits of cannabidiol and marijuana Thursday. The bill has not yet been assigned a number, nor is the text available on the congressional website, but the text can be viewed here. Feinstein authored a similar bill last session that went nowhere.

Asset Forfeiture

Pennsylvania Supreme Court Reins in Prosecutors on Civil Asset Forfeiture. In a unanimous decision Thursday, the state's highest court ruled that before seizing a property, prosecutors must prove it played a significant role in committing a crime, and it's value must be proportionate to the offense. The ruling came in the case of a 72-year-old Philadelphia woman whose $54,000 home and used minivan were seized in 2012 after her son was investigated for selling small amounts of marijuana. Her case has now been sent back to the lower courts to be decided in compliance with this ruling.


Hakeem Jeffries Files Federal Drug Charge Expungement Bill. US Rep. Hakeem Jeffries (D-NY) has filed House Resolution 2617, which would allow first-time, low-level, nonviolent drug possession offenders a change to expunge their convictions and clean up their records upon completion of court imposed probation. The bill has been referred to the House Judiciary Committee.


France Could Decriminalize Marijuana Possession as Soon as September. Interior Minister Gerard Collomb said Wednesday that the ministry is set to issue new rules under which someone caught with small amounts of pot would be cited and fined -- not arrested. The new rules could be in place "within three or four months," he said. Collomb's boss, newly-inaugurated President Emmanuel Macron had campaigned in favor of decriminalization and described marijuana prohibition as "posing a security problem."

Chronicle AM: NM GOP Gov Vetoes MedMJ & OD Bills, Canada MJ Bill Thursday, More... (4/10/17)

Congressional drug policy reform bills are piling up, New Mexico's GOP governor vetoes medical marijuana and overdose prevention bills, Canada's Liberals roll out their marijuana legalization bill Thursday, and more.

A federal marijuana rescheduling bill has been filed. (Wikimedia)
Marijuana Policy

Congressmen Gaetz and Soto Propose Legislation to Reschedule Marijuana, Two Florida GOP congressmen, Reps. Matt Gaetz and Darren Soto, have filed House Resolution 2020, "to provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act." Rescheduling would make it easier to conduct research into medical marijuana, the congressmen said. "This drug should not be in the same category as heroin and LSD, and we do not need to continue with a policy that turns thousands of young people into felons every year," Gaetz added.

Medical Marijuana

Indiana Legislature Approves CBD Cannabis Oil Bills. Both houses of the legislature have approved measures allowing for expanded access to CBD cannabis oil But Senate Bill 15 and House companion legislation now have differences in the percentages of chemicals allowed, so the bills must go to conference committee to hammer out the differences.

New Mexico Governor Vetoes Medical Marijuana Changes. Gov. Susana Martinez (R) vetoed a measure that would have improved the state's medical marijuana law last Friday. House Bill 527 would have allowed people diagnosed with an opioid use disorder to use medical marijuana. In her veto message, Martinez wrote that allowing people addicted to opioids to seek medical marijuana "will likely cause a rapid increase in program enrollment, which the program is currently unable to sustain." But critics called that reasoning bogus, noting that the state Health Department sets the number of licensed producers and the amount they can grow.

Heroin and Prescription Opioids

West Virginia Legislators Approve Overdose Monitoring, Creation of Office of Drug Policy. The legislature has approved Senate Bill 2620, which would create a statewide program to monitor drug overdoses and establish an office of drug control policy to coordinate the response to the heroin and opioid crisis. The bill now goes to the desk of Gov. Jim Justice (D).

Harm Reduction

Kansas Governor Signs Naloxone Access Bill. Gov. Sam Brownback (R) last Friday signed into law House Bill 2217, which will allow first responders to administer the opioid overdose drug naloxone and which also allows pharmacists to dispense the drug without a prescription. Kansas was one of only three states without a naloxone access law, and the bill passed both houses unanimously.

New Mexico Governor Vetoes Overdose Prevention Bill. Gov. Susana Martinez vetoed Senate Bill 47, the 911 Good Samaritan Overdose Prevention Act, on Friday. The bill would have expanded the state's existing Good Samaritan law to include alcohol-related overdoses and to limit the prospect of arrest of people, who are on probation or parole or who have a restraining order, when they call 911 on behalf of someone experiencing a drug or alcohol overdose. The bill passed the Senate unanimously and the House by a 58-5 vote.

Law Enforcement

Sheila Jackson Lee Files Bill to Raise Evidentiary Standards for Federal Drug Offenses. US Rep. Sheila Jackson Lee (D-TX) has filed House Resolution 1979 "to increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes." The bill text is not yet available on the congressional website. The bill has been referred to the House Judiciary Committee.


Corey Booker, Elijah Cummings File Federal "Ban the Box" Bills. US Sen. Cory Booker (D-NJ) and US Rep. Elijah Cummings (D-MD) have filed identical bills in the Senate and House that would prevent employers from asking about applicants' criminal backgrounds until a job offer has been made. The bill would only apply to government agencies and federal contractors. The Senate measure is Senate Bill 842; its House companion is House Bill 1906. The bill text is not yet available on the congressional website.


Canada Marijuana Legalization Bill to Be Unveiled Thursday. The governing Liberals will roll out their marijuana legalization bill on Thursday, a "senior government source" said Monday. The government has said it wants legal marijuana to be a done deal on or before July 1, 2018.

Chronicle AM: Uruguay Legal Pot Sales to Start in July, ID Gov Vetoes Forfeiture Reform, More... (4/7/17)

The Uruguayan government sets the date for legal marijuana sales in pharmacies to begin, West Virginia is just a governor's signature away from becoming the 29th medical marijuana state, Idaho's Republican governor vetoes a broadly-supported asset forfeiture reform bill, and more.

Marijuana Policy

Montana Bill to Study Marijuana Legalization Filed. State Rep. Mary Dunwell (D-Helena) filed House Joint Resolution 35 on Thursday. The bill calls for "a study of the legalization and control of marijuana," with results to be reported to the next session of the legislature. The study would include input from the Departments of Public Health and Human Services, Justice, Revenue, and Agriculture, as well as local law enforcement, courts, schools, and lobbying groups.

Medical Marijuana

Arizona Appeals Court Strikes Down Criminal Ban on Possession of Medical Marijuana on College Campuses. The state Court of Appeals ruled on Thursday that even though colleges and universities can bar the possession of medical marijuana through administrative means, the state cannot make on-campus possession a criminal offense. The state's medical marijuana law barred its possession in prisons, schools, and on school buses, but the legislature in 2012 added college campuses to the list. Now, the appellate court has ruled the state couldn't do that. The case is Arizona v. Maestes.

Ohio Medical Marijuana Grower Applications Will Be Accepted Starting in June. The state Department of Commerce will begin accepting applications for 24 medical marijuana grow licenses beginning in June, the department announced on Friday. Once licenses are awarded, holders will have nine months to meet all requirements. Application forms and instructions should be released in the next two to three weeks, the department said.

West Virginia Medical Marijuana Bill Heads to Governor's Desk. The Mountaineer State is poised to become the 29th medical marijuana state after the legislature gave final approval to Senate Bill 386 Thursday, sending the measure to the desk of Gov. Jim Justice (D). The bill would set up a dispensary system, but does not authorize patients to smoke marijuana or grow their own.

Heroin and Prescription Opioids

Kentucky Bill to Raise Heroin, Fentanyl Penalties Awaits Governor's Signature. The General Assembly last week approved House Bill 333, which would increase penalties for the sale of heroin, fentanyl, or carfentanil. Under current laws, adopted as sentencing reform measures in 2011, traffickers face one to five years in prison. Under this bill, they would face five to 10 years in prison. The bill is currently on the desk of Gov. Matt Bevin (R).

Asset Forfeiture

Idaho Governor Vetoes Asset Forfeiture Reform. Gov. Butch Otter (R) on Thursday vetoed House Bill 202, a civil asset forfeiture reform bill that passed the legislature with broad bipartisan support. The bill would have ended asset forfeiture absent a criminal conviction, as well as imposing reporting and other requirements on law enforcement. The governor insisted there is no problem to fix, although lawmakers clearly disagreed.

Drug Policy

Beto O'Rourke Leads Bipartisan Bill that Repeals Federal Transportation Law Requiring States to Suspend Driver's Licenses for Drug Offenses. US Rep. Beto O'Rourke (D-TX) and five bipartisan cosponsors have filed House Resolution 1952, which would repeal a 26-year-old federal law that mandates states to automatically suspend driver's licenses for anyone convicted of a drug offense or risk losing federal highway aid money. Some 38 states have already opted out of that program, but 12 states -- including Texas, New York, Michigan, and Florida -- still comply with the requirement.

Rand Paul, Elijah Cummings File Bills to Seal Criminal Records for Federal Nonviolent Offenses. US Sen. Rand Paul (R-KY) and US Rep. Elijah Cummings (D-MD) have filed identical bills in the Senate and House to seal the federal criminal records of non-violent offenders, which includes tens of thousands of federal drug offenders. The measures are Senate Bill 827 and House Resolution 190, respectively.


Uruguay to Allow Marijuana Sales at Pharmacies Beginning in July. The office of President Tabare Vasquez said Thursday that legal marijuana sales through pharmacies will begin in July. That's the last step in implementing a 2013 law that made Uruguay the first country to legalize marijuana. While other parts of the law have been in place, pharmacy sales had been on hold under Vasquez, who isn't nearly as enthusiastic about legalization as was his predecessor, Jose "Pepe" Mujica, who shepherded the law to passage during his term. A gram of weed will go for $1.30.

Four Out of Five French Presidential Candidates Support Marijuana Reform. The leading candidate, centrist Emmanuel Macron, and the rightist candidate, Francois Fillon, both support decriminalizing marijuana possession, leftist candidates Jean-Luc Melenchon and Benoit Hamon have both called for marijuana legalization, while only far-right candidate Marine LePen favors the status quo, which calls for up to a year in jail for the possession of any drug.

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