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Chronicle AM: Trump Repeats Border Wall Drug Falsehoods, Malaysia Drug Policy Shift, More... (1/21/19)

The president is still misstating the impact of a border wall on drug smuggling, New York police chiefs oppose pot legalization, Malaysia to shift drug policies, and more.

Not overly troubled by facts when it comes to the border. (Gage Skidmore/Creative Commons)
Marijuana Policy

New York Police Chiefs Come Out Against Legalization. In a statement Friday, the New York State Association of Chiefs of Police formally came out against marijuana legalization. "As Police Officers, we are sworn to enforce Federal, State, and Municipal laws and to protect the public,” they wrote. “Marijuana is illegal under Federal law and is classified as a 'Schedule 1 drug which means that the federal government views cannabis as highly addictive with no medical value." They also cited health and traffic safety issues.

Medical Marijuana

Arizona Bill Would Clarify That Hash is Medical Marijuana. Rep. Tony Rivero (R-Peoria) has introduced HB 2149 to remove a provision of the state's criminal code that treats hashish differently than marijuana. The bill is in response to a state appeals court ruling that hashish is not considered to be medical marijuana under state law. That issue is currently before the state Supreme Court, but Rivero's bill would settle the matter once and for all.

Hemp

Federal Shutdown is Hurting Would-Be Hemp Farmers. In a statement released Friday, Sens. Jon Tester (D-MT) and Michael Bennett (D-CO) warned that the government shutdown has stalled the implementation of the recently passed farm bill, which legalized hemp cultivation nationwide. They called on the Bureau of Reclamation to update its water rights policies to reflect hemp legalization and ensure hemp farmers have access to water. The failure to act because of the shutdown has “hindered research, created economic hardships for the affected producers, and led to uncertainty across the West," they wrote.

Drug Testing

Alabama Bill Would Impose Drug Testing on Some Food Stamp Applicants. Rep, Tommy Hanes (R-Bryant) has filed HB 3, which would require drug testing of applicants for the Supplemental Nutritional Assistance Program (SNAP—food stamps) if there is “reasonable suspicion” the applicant is under the influence of drugs. That would include having had a drug conviction within the previous five years. A first positive test would result in a warning; a second in a denial of benefits. The bill has its critics: “For the state to pay to drug test that many people would be prohibitively expensive and be a real waste of state dollars and a real waste of taxpayer dollars, looking for an occasional recipient who does drugs,” said Carol Gundlach, a policy analyst with Alabama Arise, which works on poverty issues.

The Border

Trump Repeats Border Wall Drug Falsehoods. In his address Saturday on the need for a border wall, President Trump repeated demonstrable falsehoods about the impact it would have on drug smuggling, drug use, and crime. "We can stop heroin," he claimed. "If we build a powerful and fully designed see-through steel barrier on our southern border, the crime rate and drug problem in our country would be quickly and greatly reduced. Some say it could be cut in half." But the DEA has reported that “only a small percentage” of heroin seized by authorities is captured between ports of entry and most is found in vehicles coming through ports of entry. And the Centers for Disease Control and Prevention has reported that about 40% of opioid overdose deaths in 2016 involved prescription pain pills.

International

Malaysia to Focus on Health, Not Criminality, in New Drug Policy. The cabinet task force charged with addressing the nations' drug problems met last Thursday and has decided that the country's drug law needs to be reviewed and the drug use should be viewed primarily as a health issue. "Enforcement shouldn't hinge on trafficking of drugs and shouldn't rely on punishing those who are using the drugs," said Liew Vui Keong, a Minister in the Prime Minister's Department. Reliance on the criminal approach has been ineffective and expensive and endangered the health of addicts, he said.

Chronicle AM: Prospects Dim for First Step Act, UT MedMJ Advocates File Suit, More.... (12/7/18)

The surgeon general suggests it's time to revise federal drug schedules, the First Step Act is being held hostage by Mitch McConnell, Utah patient advocates sue to block a legislative gutting of the voter-approved medical marijuana law, and more.

A prison and sentencing reform bill is running out of time on Capitol Hill. Blame Mitch McConnell. (nadcp.org)
Marijuana Policy

Missouri Legalization Bill Filed. Rep. Brandon Ellington (D) has pre-filed House Bill 157, which would allow adults to possess up to two ounces of marijuana and grow up to six plants, with three plants flowering at one time. The bill does not create a system of taxed and regulated marijuana commerce.

Medical Marijuana

Utah Advocacy Groups Sue to Block Compromise Agreement on Medical Marijuana. A pair of patient advocacy groups filed suit Thursday to block a legislative agreement that supersedes the voter-approved medical marijuana initiative passed in November. The groups accuse the Mormon Church of unconstitutional interference in a process that led to the gutting of the measure approved by voters. The lawsuit seeks an injunction to set aside the revised medical marijuana law approved by the legislature and to keep the original version in the initiative.

Drug Testing

Wisconsin Lame Duck GOP Legislature Pushes Through Food Stamp Drug Testing. As part of the GOP-dominated legislature's effort to weaken the incoming Democratic governor and other state officials, the legislature passed a sweeping measure imposing restrictions on welfare recipients, including a requirement for drug screening and testing of people apply for food stamps. If outgoing Gov. Scott Walker (R) signs the bill, Wisconsin will be the first and only state that requires drug testing for many non-felon food stamp applicants.

Law Enforcement

Surgeon General Says Federal Drug Classification Scheme Needs Changes. The country's drug classification needs an overhaul, but that doesn't mean drugs should simply be decriminalized, US Surgeon General Jerome Adams said Thursday. "Our scheduling system is functioning, but not as ideally as it could," he said of the federal schedule for controlled substances maintained by the Drug Enforcement Administration and the Food and Drug Administration. "Things aren't static. We have to continue to evolve. Just as we need to look at our criminal justice laws, we need to look at our health laws and regulations, and that includes the scheduling system," Adams said.

Sentencing Reform

The Door is Closing on the Federal Prison and Sentencing Reform Bill. Prospects for passage of the First Step Act (S. 3649) grow dimmer as the clock ticks down on the end of the congressional session later this month. Senate Majority Leader Mitch McConnell hasn't made it official, but he has told Republicans there is almost no time left to take up the bill, and Senate Republicans left town Thursday afternoon without taking up the topic at two party lunches this week. "Each passing day they get less," said Sen. Rand Paul (R-KY) of the bill's chances. "We're still lobbying Sen. McConnell. He has all the power to allow it or not allow it."

Chronicle AM: Mexico Supreme Court Ends Marijuana Prohibition, Feds Reject WI Medicaid Drug Tests, More... (11/1/18)

Mexico's Supreme Court strikes a fatal blow against marijuana prohibition, medical marijuana is now available by prescription in the United Kingdom, a Colorado jury rejects an effort to blow up the state's legal marijuana system, and more.

Marijuana Policy

Colorado Federal Jury Throws Out RICO Case Threatening State Marijuana Law. That didn't take long. A Denver federal court jury took only a few hours Wednesday to reach a verdict against a couple who claimed a marijuana cultivation operation was ruining their property values and threatening their lifestyle. The couple, aided by anti-marijuana attorneys, had attempted to use federal RICO statutes to undermine the state law, arguing that because marijuana is still federally illegal, its production violates federal racketeering laws. But the jury didn't buy it.

Drug Testing

Wisconsin Governor's Plan to Require Drug Testing for Medicaid Rejected. The federal Center for Medicare and Medicaid Services has rejected a proposal from Gov. Rick Scott (R) to require drug testing as a condition for receiving Medicaid benefits. Walker had proposed several changes to the state program, known as BadgerCare, and the administration approved requiring childless adults to work or lose coverage, but not the proposed drug testing. Instead of requiring drug screening and testing, Medicaid applicants will now have to complete a health assessment with questions about drug use. If the assessment indicates concerns about drug use, the applicant will be referred to treatment, but not required to go.

Harm Reduction

New York City Legislation Would Expand Opioid Treatment at Homeless Shelters. City Councilman Stephen Levin (D-Brooklyn) Wednesday filed legislation to increase access to opioid treatment at city homeless shelters. The bill would allow for easier access "We can't continue to sit by and do nothing," said Levin. "As we've seen in New York City and throughout the country, the status quo is not working. People are overdosing on opioids every day in New York City -- more than homicides and traffic fatalities combined."

International

Mexico Supreme Court Strikes Down Marijuana Prohibition. In a pair of rulings Wednesday, the Supreme Court of Mexico ruled that the country's ban on marijuana violates individual autonomy protections in the Mexican constitution. The court said adults have the right to grow, possess, and use marijuana, but that the government retains the right to regulate consumption. It also directed the federal health agency to begin to develop regulations reflecting the decision. The ruling does not legalize marijuana commerce; it would be up to the Mexican congress to take up that issue.

Medical Marijuana Now Legal in Great Britain. As of Thursday, November 1, some medical marijuana patients will be able to legally seek and obtain their medicine. Legal access to medical marijuana will be limited to patients who have "an unmet special clinical need that cannot be met by licensed products." It will be up to a special panel to determine who meets that condition, but there are worries that the system may prove too unwieldy to satisfy the needs of hundreds of thousands of potential patients.

Chronicle AM: US Clarifies Canada Pot Worker Entry, Rendell Defends Safe Injection Sites, More... (10/11/18)

The US has clarified that Canadiana marijuana workers and investors can enter the US but not engage in business here, New Jersey's governor says a vote on marijuana legalization will happen before month's end, Pennsylvania's former governor sticks up for safe injection sites, and more.

New Jersey Gov. Phil Murphy says legislature should vote on legalization October 29. (Creative Commons)
Marijuana Policy

California Governor Signs Bill Banning CBD Cocktails and Beverages. Gov. Jerry Brown (D) has signed into law Assembly Bill 2914, which prohibits the sale of CBD beverages and alcoholic drinks. "This bill would prohibit an alcoholic beverage licensee from, at its licensed premises, selling, offering, or providing cannabis or cannabis products, including an alcoholic beverage that contains cannabis or cannabis products, and would provide that no alcoholic beverage shall be manufactured, sold, or offered for sale if it contains tetrahydrocannabinol or cannabinoids, regardless of source," says a legislative summary.

New Jersey Governor Says Legalization Coming at End of Month. Gov. Phil Murphy (D) says he and the legislature are looking at October 29 as the date the legislature will pass a bill legalizing marijuana. One issue yet to be settled, though, is how much to tax legal pot. Still, Murphy said, October 29 "feels about right."

Drug Testing

Pennsylvania Representative Proposes Bill to Add Drug Testing of Legislators to Bill to Drug Test Welfare Recipients. Philadelphia County Rep. Angel Cruz (D) has filed House Bill 620 as an amendment to Senate Bill 6. The Senate bill would mandate drug testing of welfare recipients; Cruz's bill would mandate drug testing of legislators. "If it's good for one, it's good for all," said Cruz. "The lawmakers are the lawmakers, and we're not above the law."

Foreign Policy

US Clarifies Policy on Entry of Canadian Marijuana Industry Workers. US Customs and Border Protection (CBP) has clarified its position on whether Canadians involved in the legal marijuana industry can enter the US. "A Canadian citizen working in or facilitating the proliferation of the legal marijuana industry in Canada, coming to the US for reasons unrelated to the marijuana industry will generally be admissible to the US," CBP said Tuesday. But there is a big but: "[I]f a traveler is found to be coming to the US for reason related to the marijuana industry, they may be deemed inadmissible," CBD said.

Harm Reduction

Former Pennsylvania Governor Challenges DOJ on Threats to Prosecute Safe Injection Site Operators. Former Gov. Ed Rendell (D) is not backing away from supporting a Philadelphia safe injection site despite threats from Justice Department Deputy Attorney General Rod Rosenstein. Rendell sits on the board of a nonprofit to run such a facility, and he said that if the Justice Department wants to crack down on the harm reduction move, it should start with him: "I have a message for Mr. Rosenstein: I'm the incorporator of the safe injection site nonprofit and they can come and arrest me first," Rendell said.

Chronicle AM: CA Legal Pot Draft Rules Unveiled, Opioid Crackdown Hurts Pain Patients, More... (7/16/18)

California regulators issue proposed draft regulations for the legal marijuana market, British police are "in effect" decriminalizing marijuana, the opioid crackdown is impacting chronic pain patients, and more.

Marijuana Policy

California Legal Marijuana Draft Regulations Unveiled. State regulators last Friday unveiled their much-anticipated draft of permanent regulations for the state's legal marijuana industry. Under the proposed regulations, pot shops would be able to deliver marijuana anywhere in the state, medical marijuana patients will likely be able to buy edibles more potent than currently permitted, but rules for advertising products could become more strict. The public now has 45 days to weigh in on the draft rules, either in writing or at one of 10 hearings to be held throughout the state.

Heroin and Prescription Opioids

Crackdown on Opioid Prescriptions Risks Leaving Pain Patients Out of Luck. With the country in the midst of a battle against opioid addiction and overdoses, policies to curtail the use of opioids are impacting chronic pain patients and making their lives more difficult. New prescribing guidelines from the Centers for Disease Control, new state laws, state medical board sanctions, and policy changes by managed-care and prescription plans have all contributed to what pain patients call "changes have ignored the treatment of their pain and have made it harder for many to find care."

Drug Testing

Minnesota Appeals Court Rules That People With Drug Convictions Can't Be Subjected to Drug Tests Forever to Receive Welfare Benefits. The state Court of Appeals ruled Monday that people with previous drug convictions cannot be permanently required to undergo drug testing as a condition of receiving welfare benefits. The ruling came in the case of a woman convicted of drug possession in 1997 who refused to take a drug test in 2016 and lost her benefits. Under a 1997 state law, people convicted of drug offenses are ineligible for benefits for five years after their sentences are over (unless they've completed drug treatment) and are subject to random drug tests in perpetuity. "Granting effect to the [Department of Human Services'] current interpretation of the statute would require persons receiving MSA or general-assistance benefits to undergo chemical testing indefinitely, even if decades have passed since the completion of a court-ordered sentence," Judge Roger Klaphake wrote on his opinion overturning a denial of benefits to the woman. "Those who, like appellant, have long since completed their court-ordered sentences and five-year period of ineligibility are not ''[p]ersons subject to the limitations of this subdivision' and are not required to undergo chemical testing for receipt of benefits under chapter 256D," he wrote on behalf of a divided three-judge panel.

International

Brazil Marijuana Legalization Bill Filed. The opposition Workers' /Party has filed a bill that would legalize marijuana in South America's largest and most populous country. The move comes a year after Supreme Court Justice Roberto Barroso called on lawmakers to legalize marijuana as a means of reducing gang violence. But given that the Workers' Party is the minority, this bill is unlikely to move this year.

British Police "In Effect" Decriminalizing Marijuana. British police are effectively decriminalizing marijuana by not bothering to arrest pot smokers, British arrest statistics show. Marijuana arrests have dropped 19% since 2015 and so have warnings, which declined 34% in the same period. "The fall in prosecutions and cautions for cannabis possession is a welcome trend and a victory for common sense," said Liberal Democrat MP David Lamb. "The 'war on cannabis' unfairly stigmatizes and criminalizes young people who are doing no harm to others, while tying up police resources which should be better used tackling harmful crimes. However, this issue should not be left to individual police forces. We cannot tolerate a postcode lottery where cannabis users may or may not be prosecuted depending on where they live. The government must bring forward proposals for a regulated cannabis market in the interests of public health, with strict controls on price and potency, and give parliament a free vote."

Chronicle AM: No Home Grow for NH This Year, Australia Welfare Drug Test Plan, More... (5/8/17)

A new report finds legal marijuana makes a marginal contribution to state budgets, a major Las Vegas casino quits pre-employment testing for marijuana, an Australian Senate panel advances a controversial plan to drug test welfare recipients, and more.

A major Las Vegas strip casino gives up on pre-employment screening for marijuana. (Creative Commons)
Marijuana Policy

Report: Legal Marijuana Boostz Government Revenues, Somewhat. A new report from Moody's Investor Service finds that legalizing and taxing marijuana boost revenues, but not dramatically. In Colorado, the report found, marijuana taxes accounted for 2% of the state budget; in Washington state, 1.2%.

No Home Cultivation for New Hampshire This Year. Legal home cultivation is dead in the Granite State this year after the Senate refused to advance a bill approved by the House. The measure, House Bill 1476, would have allowed residents to grow two mature and 12 seedlings. The Senate Health and Human Services Committee voted to refer the bill to "interim study," where bills simply expire at the end of the session.

Major Las Vegas Casino Gives Up on Pre-Employment Marijuana Screening. In another sign of decreasing resort to drug testing for marijuana in a time of spreading legalization and low unemployment, Caesars Entertainment Group announced Monday that it has ended pre-employment drug testing for pot. "A number of states have changed their laws and we felt we might be missing some good candidates because of the marijuana issue and we felt that pre-screening for marijuana was on the whole, counterproductive," said Rich Broome, executive vice president of corporate communications and community affairs for Caesars. "If somebody is believed to be using or high at work, then we would continue to screen for marijuana and other drugs."

Medical Marijuana

Arkansas Supreme Court to Hear Oral Arguments on Licensing Imbroglio. The state Supreme Court agreed Monday to hear oral arguments on a judge's decision to prevent the state from licensing medical marijuana cultivation operators. The judge had ruled that the licensing program violated the voter-approved constitutional amendment that legalized medical marijuana after a complaint from a business that failed to get a license.

Georgia Governor Signs Bill Allowing CBD Cannabis Oil for PTSD, Intractable Pain. Gov. Nathan Deal (R) on Monday signed into law House Bill 65, which adds PTSD and intractable pain to the list of qualifying conditions that can be treated by CBD cannabis oil.

International

Australian Senate Committee Endorses Plans to Drug Test Welfare Recipients. The Australian federal government's Senate Community Affairs Legislation Committee issued a report Monday recommending passage of the government's highly controversial plan to impose drug testing on welfare recipients. The bill would create a trial program under which some 5,000 welfare recipients would face mandatory testing. People who test positive would be placed on "income management" for two years, while those who test positive twice within two years could be forced to undergo drug treatment. The plan has been condemned by medical and social welfare organizations, including the Australian Medical Association, which expressed "significant concern" about the plan. "Elements of the proposal are unnecessarily punitive and will increase stigmatisation among the most disadvantaged in the community," the AMA said.

Chronicle AM: New SBA Rules Hurts Pot Industry, Aghan Opium Harvest Underway, More... (5/1/18)

The Trump administration gets creative in coming up with a new way to mess with legal marijuana-related businesses, a pair of Oklahoma marijuana initiatives get approved for signature gathering, Arkansas drug testing results are in -- and they're not impressive -- and more.

It's harvest time for Afghan opium poppies. (unodc.org)
Marijuana Policy

Trump Administration Finds New Way to Hurt Marijuana-Related Businesses. Under new rules issued last month by the Small Business Administration, companies doing business with the marijuana industry will find it more difficult to obtain SBA loans. Under the new rule, banks are prohibited from using SBA-backed loans to finance any business that works directly with the marijuana industry. The rule impacts not only marijuana businesses, but could extend to web designers, gardening suppliers, consultants, and others who derive even a small portion of their income from marijuana businesses.

Oklahoma Legalization and Medical Initiatives Can Start Collecting Signatures. The state is set to vote on one medical marijuana initiative next month, but a group called Green the Vote has now received approval from the state to start collecting signatures for a pair of initiatives that would legalize medical marijuana and recreational marijuana via a constitutional amendment. The medical marijuana initiative is Proposed SQ 796; the legalization initiative is Proposed SQ 797. The group will start collecting signatures on May 11 and will need 125,000 valid voter signatures by August 8 to qualify for the November ballot.

Medical Marijuana

Missouri House Passes Smokeless Medical Marijuana Bill. The House on Tuesday approved House Bill 1554, which would allow terminal patients and patients suffering from debilitating conditions to use a smokeless form of medical marijuana. The bill now heads to the Senate.

Hemp

Illinois Senate Approves Hemp Bill. The Senate has approved Senate Bill 2298, which would allow farmers to apply for permits to grow industrial hemp. The measure passed the Senate on a 50-0 vote and is now before the House.

Drug Testing

Arkansas Welfare Drug Testing Achieves Little. After two years of requiring people seeking Transitional Employment Assistance and/or food stamps to submit to drug screens and possible drug tests, the results are in: Out of 7,000 applicants, only 31 were considered to be likely to be using drugs and thus subject to a drug test. Of those, only 12 submitted drug tests, and of those, only four actually tested positive for drugs. That's four out of 7,000 people subjected to the demeaning and strigmatizing process.

International

Afghan Opium Harvest Gets Underway. Afghan farmers are out in the fields as the country's opium poppy harvest gets underway. The country produced a record crop of 9,000 tons of opium last year. Much of the poppy production takes place in areas outside central government control.

Chronicle AM: Trump Undercuts AG on Pot, Key GOP Pol Nixes Food Stamp Drug Tests, More... (4/16/18)

The president appears to leave his attorney general out to dry on marijuana policy, New York's governor is being pushed left on pot by a celebrity challenger, a key GOP lawmaker opposes the Trump push to drug test food stamp recipients, and more.

Donald Trump looks like he's hung Jeff Sessions out to dry when it comes to marijuana policy. (Wikimedia/Gage Skidmore)
Marijuana Policy

Trump Appears to Undercut Jeff Sessions' War on Weed. President Trump last week signaled a dramatic turnaround in administration marijuana policy, telling Colorado Republican Sen. Cory Gardner that the Justice Department would not go after state-legal marijuana in Colorado and that he would support moves to address the contradiction between legal marijuana states and federal pot prohibition. That puts Trump in line with his own campaign statements that marijuana should be a states' rights issue, but at odds with Attorney General Jeff Sessions, who has been a staunch opponent of marijuana legalization and who has explicitly told federal prosecutors they are free to go after the legal marijuana industry. Sessions, who is much abused by Trump for failing to protect him from the Mueller investigation, now finds himself on the outs on pot policy, too.

Maine Governor Says Legal Marijuana Implementation Bill Faces "Automatic" Veto. Tea Party Gov. Paul LePage is threatening an "automatic" veto of a compromise bill designed to get the state's legal marijuana commerce system up and running. He said he was unhappy with a provision that allows registered medical marijuana patients to avoid paying excise taxes, suggesting that people would register as patients just to avoid taxes. But the House has already passed the bill by a veto-proof majority and the Senate could do so this week.

Sex in the City Challenger Pushes New York Governor to the Left on Pot Policy. Actress Cynthia Nixon, best known for her role in Sex in the City, is pushing Gov. Andrew Cuomo to the left on marijuana policy. Nixon has announced her candidacy for the Democratic gubernatorial nomination and she has made marijuana legalization a banner issue. Cuomo has opposed legalization, although he shifted slightly in January, when he announced he would form a panel to explore freeing the weed. But now, with Nixon getting lots of attention for her pot stance, Cuomo is hinting at more movement. "The situation has changed drastically with marijuana," he said at a news conference last Thursday. "It's no longer a question of legal or not legal. It's legal in Massachusetts. It may be legal in New Jersey, which means for all intents and purposes, it's going to be here anyway. The majority of the legislature is, I would say, against legalizing it," he continued. "I said it's a new day; let's look at the facts. I know people have opinions -- and it's hard to get people to change opinions -- but opinions should be based on facts. So let's talk to the experts, let's put together the facts."

Drug Testing

Key GOP Lawmaker Opposes Drug Testing for Food Stamps. Rep. Mike Conway (R-TX), chairman of the House Agriculture Committee, said last Friday that he "generally opposes" drug testing food stamp recipients. The remarks were in reaction to a plan floated last week by the Trump administration to allow states to do just that. The Agriculture Committee has authority over the food stamp program and is currently crafting a bill that includes an overhaul of the program, but contains no provision for drug testing. "I'm generally opposed to drug testing because I think it hurts the children," Conway said. "Most of these folks who are on the program, if they've got children involved, the children would still get their SNAP benefits but the parents wouldn't, and you're hurting the kid." Conway said he'd rather "figure out a way to help them."

International

Australian Greens Call for Marijuana Legalization. The Australian Green Party has called for the full legalization of marijuana, with a new government agency to act as the sole wholesaler of packaged pot. The Green proposal also includes a provision for growing up to six plants at home. The Greens aren't considered a major party in Australia, but they do have federal representation. The call for legalization differentiates the Greens from Labor and the Liberal/National Coalition, both of which support a 2016 plan to legalize only medical marijuana.

Irish Greens Call for Marijuana Decriminalization, Dutch-Style Coffee Shops. The Irish Green Party has called for the decriminalization of small amounts of marijuana. The current law has "made criminals out of decent people," the party says. The Green proposal would decriminalize the possession of up to five grams, as well as contemplating a Dutch-style coffee shop system. The Irish Greens aren't considered a major political party, but they do have two people in the Dail, the Irish parliament.

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

Chronicle AM: ME Lawmakers Pass MJ Sales Bill, Amnesty Death Penalty Report, More... (4/12/18)

It's time to let the FDA know what you think about marijuana scheduling, Maine lawmakers pass a veto-proof pot sales bill, the Trump administration wants to drug test some food stamp recipients, Amnesty International reports on drug death penalty countries, and more.

Former Mexican President Vicente Fox calls for the legalization of opium poppy cultivation in Mexico. (Flickr/Gage Skidmore)
Marijuana Policy

FDA Accepting Public Comment on Marijuana Classification for Next Two Weeks. The Food and Drug Administration (FDA) is accepting public comment from "interested parties" regarding the classification of marijuana under the Controlled Substances Act. (CSA). The CSA places marijuana in Schedule I, a category reserved for drugs with no accepted medical use and high abuse potential. The FDA is acting now because the World Health Organization is set to review its own classification of marijuana and is seeking input from member nations, of which the US is the most influential. Public comment is open until April 23.

Former GOP House Speaker Boehner Now Supports Marijuana Legalization. Former House Speaker John Boehner (R-OH) said Wednesday he has had a change of heart regarding marijuana and will help promote marijuana legalization nationwide. He also announced that he and former Massachusetts Gov. William Weld (R) are joining the advisory board of Acreage Holdings, a national marijuana company. "I decided to get involved because of the struggles of our country's veterans and the opioid epidemic, after learning how descheduling the drug can potentially help with both crises," said Boehner.

Maine Legislature Passes Marijuana Legalization Implementation Plan by Veto-Proof Margin. After Gov. Paul LePage (R) vetoed a first effort to implement regulated and taxed marijuana commerce, the legislature has now approved a new measure to do so, this time by a veto-proof margin. The House passed the bill on Tuesday and the Senate followed on Wednesday. The bill will limit home cultivation to three plants, impose a 10% sales tax, as well as a $335 per pound tax on producers. It will also mandate that localities proactively opt-in before sales will be allowed.

Medical Marijuana

Arkansas Medical Marijuana Business Evaluations Halted after Court Ruling. The Department of Finance and Administration said Wednesday that the Medical Marijuana Commission's review of dispensary evaluations has been put on hold. The stoppage is the result of a ruling last week from a state circuit court judge that the licensing process for cultivators violated the 2016 voter-approved initiative legalizing medical marijuana. We are under an injunction that voids the method of cultivation scoring. Therefore, dispensary application review is on hold as we review the situation," Scott Hardin with DFA told KATV in Little Rock.

Drug Testing

Trump Administration Ponders Plan to Impose Drug Testing for Some Food Stamp Recipients. The administration is pondering a plan that would let states require that certain food stamp recipients undergo drug testing. The nose-under-the-tent proposal would mainly target able-bodied adults without children who apply for certain specialized job categories. That would be about 5% of all food stamp recipients. The move has long been desired by conservatives who seek ways to curb the safety net program.

International

Amnesty International Report: Four Countries Executed Drug Offenders in 2017. At least four countries executed people for drug offenses last year, Amnesty International said in a new report. Those countries are China, Iran, Saudi Arabia, and Singapore. "Despite strides towards abolishing this abhorrent punishment, there are still a few leaders who would resort to the death penalty as a 'quick-fix' rather than tackling problems at their roots with humane, effective and evidence-based policies," said Amnesty International Secretary General Salil Shetty.

Former Mexican President Calls for Legalization of Opium Production. Former Mexican President Vicente Fox called Wednesday for the legalization of opium production in the country as a means of weakening drug cartels. "The plants themselves are not harmful, we make them harmful, (especially) the criminals who use them for evil purposes," Fox said at a pro-marijuana event in the capital. Fox said legalizing poppies would curtail cartel profits and boost public safety in the violence-wracked southern state of Guerrero, which has been hit hard by prohibition-related violence in recent years. Fox also implored candidates in the July presidential election to openly debate drug legalization before the vote.

Four Ways Using Even Legal Marijuana Makes You a Second Class Citizen [FEATURE]

Marijuana is now legal in nine states constituting about one-fifth of the US population, and medical marijuana is recognized in a total of 29 states. That means people in those states can possess and use marijuana without fear of criminal prosecutions (if they have a doctor's recommendation in the medical marijuana-only states).

people enjoying marijuana (Darrin Frisby Harris/Drug Policy Alliance)
But even in legal marijuana states, pot smokers face restrictions that in effect turn them into second-class citizens, unable to do things non-drug users or users of legally sanctioned drugs, such as alcohol, can do, or somehow punished for doing them. While legalizing marijuana is a giant breakthrough, as long as marijuana users face stigma, discrimination, and worse over their choice of substances, the job is only half-done.

Here are four ways even legal marijuana users get screwed:

1. Employment Rights

You may be able to smoke pot legally, but it can still cost you your job. Even in legal marijuana states, legalization laws generally are careful not to intrude on the rights of employers to conduct drug testing for pot and to fire people who test positive -- even if they're not high or impaired at work.

Legal cases in California, Colorado, Montana, and Washington have all upheld the right of employers to fire or refuse to hire workers who test positive for marijuana even if they have a medical marijuana recommendation. But the law is rapidly evolving, and a recent case from Connecticut, a nursing home that refused to hire a medical marijuana patient after he tested positive for THC was ordered to reinstate the job offer.

A thriving economy and growing social acceptance of marijuana may also bring some solace to pot smokers. As Bloomberg noted just last month, we are now seeing a "slow decline in pre-employment drug screening," with some major employers abandoning the practice in the face of a tight job market. That trend, unsurprisingly, is being led by companies in the marijuana legal states. In Colorado, for instance, the percentage of employers using pre-employment drug tests declined from 77% in 2016 to 66% last year.

But still, if you smoked a joint on Friday night, Walmart still doesn't think you're fit to stock their shelves on Monday morning.

2. Gun Rights

If you smoke pot, you can't legally purchase or own a gun. As more states move toward legalization, the Bureau of Alcohol, Tobacco & Firearms (ATF) has clarified its Form 4473, the federal Firearms Transaction Record that purchaser must fill out to buy a gun: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" the form asks.

And just so you stoners get it, ATF has added the following language: "Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

That means marijuana users who want to legally purchase a weapon have to lie on Form 4473. And that's a federal crime. (Unlikely to be caught and prosecuted, but still.)

In August 2016, a federal appeals court upheld the ban on gun sales to medical marijuana patients. The 9th US Circuit Court of Appeals in San Francisco ruled that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.

There have been proactive efforts by law enforcement in a handful of states to, for example, order registered medical marijuana patients to turn in their guns, but those have so far been aborted in the face of loud opposition. In Pennsylvania, the state Health Department is no longer providing the names of patients to law enforcement after newspapers there reported the patients would not be able to buy firearms; in Illinois, regulators removed a rule that would have barred legal gun owners from becoming patients; and in Hawaii, police had to walk back a plan to force patients to hand in their guns.

Still, as long as the federal government maintains marijuana prohibition and as long as ATF considers marijuana a controlled substance, pot smokers' gun rights are at risk. And the NRA doesn't seem to care.

3. Parental Rights

In both medical marijuana states and full-blown legal pot states, parents have lost custody of their children over their marijuana use. Part of the problem is that marijuana remains federally illegal, turning the pot-using parent into a criminal in the eyes of courts of child protective services workers. Another part of the problem is discrimination and subjectivity about what constitutes "the best interest of the child." If a child protective bureaucracy or even an individual case worker harbors anti-marijuana sentiments, even non-problematic recreational use of pot can be used to take children from the home or deny custody to the offending parent.

Marijuana use is especially likely to pop up in divorces where custody of the child or children is contested. If your spouse griped about your pot-smoking while you were married, be prepared for him or her to try to use it against you in a nasty divorce case. Divorce attorneys warn parents facing this prospect to quit smoking pot now, well ahead of any court dates and court-ordered drug tests.

That's another way pot-smoking parents get hammered. Courts may demand onerous drug testing for months or year or require that visits with children be supervised.

Medical marijuana support groups report hundreds of cases of parents losing custody of their kids, some merely for having registered as medical marijuana patients. But there are small signs of positive change on the horizon: California's Prop 64, for instance, includes a provision saying courts can no longer rescind or restrict a parent's custodial rights solely because they have a medical marijuana recommendation.

That's a start, but we still have a long way to go before pot-smoking parents can rest easy.

4. Housing Rights

You can be kicked out of your home for using marijuana if you are poor and live in HUD, Section 8, or other federally-subsidized housing. Under a 1999 HUD Memorandum Regarding Medical Marijuana in Public Housing still in effect, any activity relating to controlled substances, including even medical marijuana, can get you evicted.

And it doesn't have to be just you. If you live in federally-subsidized housing and your grandson gets caught smoking a joint in the parking lot, you can find yourself tossed out on the street.

Even people who don't live in federally-subsidized housing face problems, especially if they live in rental housing. Landlords can prohibit tenants from using marijuana, and rental apartment industry associations typically counsel their members that "banning the use or possession of marijuana on site does not violate any landlord/tenant or fair housing laws, even when marijuana has been legalized by local ordinance or state statute." Nor, they argue, is allowing the use or cultivation of medical marijuana a "reasonable accommodation" required by law, even if it's been medically recommended.

Marijuana is increasingly legal and accepted, but the progress is uneven, and the battle to be treated like normal citizens remains unfinished.

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