Marijuana Legalization

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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.

Chronicle AM: DEA Seized $3.2 Billion from People Never Charged With a Crime, More... (4/11/18)

Maine moves a step closer to implementing legal pot sales, the Mormon Church takes a stand against a medical marijuana initiative, the DEA has seized tons of money from people it never charged with a crime, and more.

Seized money from a drug investigation. The DEA has seized $4 billion in the past decade, most of it with no criminal charges.
Marijuana Policy

Maine House Approves New Compromise on Legal Pot Sales. The House voted Tuesday to approve a measure designed to get the state's legal pot sales system up and running, and it did so with a veto-proof majority. Under the compromise legislation, the number of plants that individuals could grow at home would drop from six to three, there would be a 10% sales tax on legal weed, and there would be a $335 per pound tax imposed on growing facilities. The bill is expected to be on the Senate calendar today. An earlier effort to legislate implementation of the voter-approved 2016 law was vetoed by Gov. Paul Le Page.

Tennessee Poll Has Surprising Support for Marijuana. More than eight out of 10 Tennesseans believe marijuana should be legal in some form, a new Middle Tennessee State University poll finds. Some 44% said marijuana should be legal for medicinal use only, while another 37% said it should be legal for personal use. A medical marijuana bill was withdrawn earlier this month after its sponsor said it lacked the support to pass in the legislature.

Medical Marijuana

Utah Medical Marijuana Initiative Officially Opposed by Mormon Church. The Church of Jesus Christ of Latter-day Saints' First Presidency issued a statement Tuesday opposing the medical marijuana initiative, which is still in the signature gathering phase: "We commend the Utah Medical Association for its statement of March 30, 2018, cautioning that the proposed Utah marijuana initiative would compromise the health and safety of Utah communities. We respect the wise counsel of the medical doctors of Utah," the statement reads. "The public interest is best served when all new drugs designed to relieve suffering and illness, and the procedures by which they are made available to the public, undergo the scrutiny of medical scientists and official approval bodies."

Asset Forfeiture

DEA Has Taken More Than $3 Billion from People Never Charged With a Crime. A March report from the Justice Department's Office of the Inspector General finds that the DEA has seized more than $4 billion from drug suspects since 2007 --but that four out of five of the seizures were done administratively and did not lead to either civil or criminal charges. That means the DEA seized about $3.2 billion from people never charged with a crime. The report also scolded DEA, noting that it "does not collect or evaluate the data necessary to know whether its seizures and forfeitures are effective, or the extent to which seizures present potential risks to civil liberties." Also, the report warned: "When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution."

International

Colombia Arrests FARC Peace Negotiator on Drug Charges. Colombian federal police agents arrested one of the former rebel group's peace negotiators on Monday, sparking an angry reaction from the FARC. Seuxis Paucis Hernández Solarte, alias "Jesús Santrich," and three others face extradition to the U.S. on charges they conspired to import cocaine. The FARC, which has now transformed itself into a political party -- the Common Alternative Revolutionary Force (FARC, in its Spanish acronym) -- called the arrest "the worst moment" of the peace process. "This is a very delicate and dangerous situation. This, yet again, underscores what we have been complaining about in relation to the legal insecurity and lack of guarantees that we have as members of the FARC political party," former FARC commander Victoria Sandino said in a statement. "This is sabotage and an obstacle for those that have committed wholeheartedly to this process, starting with one of the main negotiators and signatory of the peace accord."

Hondurans Seize Second Coca Plantation, Raising Fears Cocaine Production is Shifting North. Last weekend, Honduran police seized a 70 acre coca plantation, the second one found in the country. Honduran authorities speculated that drug trafficking groups are experimenting with growing there in order to save on smuggling costs from South America. The country has long been a key transit point for cocaine headed north; now it could become a producer, too.

Chronicle AM: Hash Bash Looks to November, Philly Safe Injection Site Proposed, More... (4/9/18)

Marijuana social consumption gets delayed in Alaska and rebuffed in Colorado, Ann Arbor's annual Hash Bash draws politicians this year, the US is ramping up its bombing campaign against Taliban drug labs, and more.

Vancouver's InSite safe injection site. Could one be coming to Philadelphia? (Wikimedia)
Marijuana Policy

Alaska Regulators Postpone Discussion on Social Consumption. The state's Marijuana Control Board has postponed until June any further discussion of draft rules that would allow people to consume marijuana at authorized pot shops. Although the Alcohol and Marijuana Office had recommended that the board release the draft rules for public comment, the board decided to wait until it was back to full strength. One of the board's five members resigned last month.

Colorado Social Consumption Bill Killed. The General Assembly last week killed Senate Bill 211, which would have allowed businesses to obtain a marijuana consumption club license. The move came after both the Department of Revenue and the Marijuana Enforcement Division lobbied against it because of what they called "significant law enforcement challenges and health and safety risks." But the city of Denver is going ahead with licensing social consumption clubs.

Michigan's Hash Bash Becomes a Campaign Event. The 47th annual Hash Bash had a slightly different flavor this year: With a legalization initiative poised to appear on the November ballot and with opinion polls showing majority support for legalization, this year's event was all about imminent legalization -- and getting on the right side of the issue. Two Democratic gubernatorial candidates, Gretchen Whitmer and Abdul El-Sayed showed up to support the issue, as did Democratic attorney general candidate Dana Nessel.

Medical Marijuana

Pennsylvania Advisory Board Recommends Allowing Dry Leaf or Plant Form Medical Marijuana. The medical marijuana advisory board voted Monday to allow the use of "dry leaf or plant form for administration by vaporization." The vote is only a recommendation; the final decision is up to state Secretary of Health Dr. Rachel Levine. The vote was 11-0.

Heroin and Prescription Opioids

Democratic Senators Want to Know What Happened to Trump's Opioid Commission. Democratic Sens. Patty Murry (WA) and Elizabeth Warren (MA) sent a letter to the White House Monday asking the administration to update on progress made on implementing recommendations made by its opioid commission last November. "We are concerned by reports that in spite of the opioid epidemic's devastating impact on American communities, your Administration has failed to act aggressively to combat it," Warren and Murray wrote. "You declared the opioid epidemic a national public health emergency on October 26, 2017, but there has been little evidence that your Administration has taken advantage of the supplemental executive branch authorities and resources provided by this designation."

Foreign Policy

US Expands Air Strikes Aimed at Taliban Drug Labs. US and Afghan government forces have expanded their campaign of air strikes aimed at Taliban opium processing labs, hitting 11 sites in the past week. These latest strikes were in Farah and Nimroz provinces in western Afghanistan and were the first in the region. So far this year, the about of bombs dropped is triple the number dropped in the first part of last year. The strikes are aimed at hurting Taliban finances, but analysts warn the could kill or injure civilians and are unlikely to have a major impact on the Taliban.

Harm Reduction

Philadelphia Joins List of Cities Pondering Safe Injection Sites. City officials are moving to make the city one of the first in the country to have a safe injection site. A public hearing to discuss the notion took place last Wednesday. "We have a crisis here in Philadelphia," said Dr. Tom Farley, Philadelphia Health Commissioner. "These facilities look sort of like a clinic. If they're simply there to inject, they bring in their own drugs that they have bought on the street, they're given sterile equipment and they inject at the site. If they were to overdose on site, there are medical staff on site who can revive them." But this is just a first step; actually getting one or more up and running in the city could take months or years. Other US cities pondering the harm reduction move include Boston, New York, San Francisco, and Seattle.

(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: AZ Bill Would Speed Adoption of Drug-Exposed Babies, CT Pot Bill Advances, More... (4/5/18)

A Connecticut legalization bill advances, Michigan GOP lawmakers are worried a legalization initiative there will drive turnout and drive them from office, Tennessee lawmakers pass a bill to end civil asset forfeiture, and more.

In a historic first, a marijuana legalization bill wins a committee vote in Connecticut. (Wikimedia)
Marijuana Policy

Connecticut Legalization Bill Advances in Historic Committee Vote. For the first time, a marijuana legalization bill has won a committee vote in Hartford. The Assembly Appropriations Committee voted 27-24 Thursday to approve House Bill 5394, which calls for a developing a plan for legalization and regulation of sales, along with funding for drug prevention and treatment programs. The bill will now go before the full General Assembly.

Michigan's Looming Initiative Prompts GOP Lawmakers to Ponder Passing Preemptive Legalization Bill. There is a specter haunting the state's Republican lawmakers: The fear that a legalization initiative likely to appear on the ballot will encourage voter turnout and depress their chances of retaining control of the legislature. So now, GOP lawmakers are muttering about the possibility of approving marijuana legalization before the November election to thwart that possibility. Stay tuned.

Oregon County Sues State to Invalidate Legalization Law. Josephine County filed a lawsuit in US district court in Medford Tuesday challenging the state's marijuana legalization laws. The county seeks to invalidate the laws on the grounds they conflict with strict federal drug laws.

Medical Marijuana

Missouri Medical Marijuana Bill Killed in Committee. The Legislative Oversight Committee voted Wednesday to kill a medical marijuana bill, House Bill 1554. The bill would only have allowed some people suffering from terminal illnesses to use medical marijuana, but even that was too much for the committee. Show Me State residents will likely be able to vote directly on medical marijuana come November; a medical marijuana initiative campaign is now in the final stages of signature gathering and should qualify for the ballot.

Asset Forfeiture

Tennessee Legislature Passes Bill to End Civil Asset Forfeiture. The House on Wednesday and the Senate on Thursday have approved an asset forfeiture reform bill, Senate Bill 316. The bill ends civil asset forfeiture, requires "clear and convincing evidence" the asset is linked to a crime, and provides that all forfeited goods go into the state general fund. The bill now goes to the governor's desk.

Families

Arizona Legislature Passes Bill to Cut Off Parental Rights for Drug-Exposed Babies After One Year. The legislature has approved Senate Bill 1473, which would allow babies born exposed to drugs and whose parents have substance abuse problems to be put up for adoption by the first birthday. The bill would also let courts consider foster parents who have cared for an infant or toddler for at least nine months as equal to the child's family members when deciding who gets custody. Current law only allows adoption to take place after they are two years old. The bill is now on the desk of Gov. Doug Ducey (R).

International

France Apologizes to Italy Over Migrant Drug Test Incident. France apologized to Italy Wednesday after French border patrol agents used a train station in an Italian border town to conduct a drug test on a Nigerian immigrant. "I'm sorry for the misunderstanding," France's Budget Minister Gérald Darmanin, who is also responsible for customs, said in an interview with the Italian daily Corriere della Sera. "It was an unfortunate incident, which arose over a misunderstanding between French customs and Italian railways about the use of a facility located at Bardonecchia railway station."

Chronicle AM: NJ Opioid Fight Plan, WI Forfeiture Bill Signed, NJ Pot Poll, More... (4/4/18)

Alaska regulators return to the issue of social use, a Tennessee medical marijuana bill dies, New Jersey's governor outlines a plan to fight opioid abuse, and more.

New Jersey Gov. Phil Murphy (D) outlines a plan to take on the opioid crisis. (Wikimedia)
Marijuana Policy

Alaska Regulators Take Up Social Clubs Again. The state's Marijuana Control Board will be meeting the rest of this week to discuss whether to allow on-site marijuana use at authorized retail stores. The board adopted rules in 2015 to allow for such use, but never finalized them. Under the current proposal, use could only take place in a designated area of the store, and people could only use marijuana purchased at the store.

New Jersey Poll Shows Residents Evenly Split on Legalization. A new poll from the Stockton Polling Institute of the William J. Hughes Center for Public Policy has Garden Staters split nearly down the middle on pot legalization. The poll had 49% in favor, with 44% opposed. The poll also found that one out of four respondents would try the herb if it were legal, or continue to use it if they currently do.

Medical Marijuana

Tennessee Medical Marijuana Bill Dies. The sponsor of a medical marijuana bill has pulled it, saying he didn't have the support to move it in the Senate. Senate Bill 1710 sponsor Sen. Steve Dickerson (R-Nashville) was blunt: "Unfortunately, I do not have the votes." A companion measure is still alive in the House, but there will be no medical marijuana in the Volunteer State this year.

Heroin and Prescription Opioids

New Jersey Governor Outlines Plan to Fight Opioids. Gov. Phil Murphy (D) announced a plan to spend $100 million on a range of anti-addiction programs, including new funding for community-based treatment providers, as well as more housing and job training for residents with -- or without -- drug dependency problems. In terms of dollars, the proposal includes $56 million for front-line prevention, treatment and recovery programs; $31 million for job training and to address social risk factors like homelessness; and $13 million to improve data collection and other state infrastructure.

Asset Forfeiture

Wisconsin Governor Signs Asset Forfeiture Reform Bill into Law. Gov. Scott Walker on Wednesday signed into law Senate Bill 61, which does not end civil asset forfeiture, but puts limits on how long police can hold property before someone is charged and reduce the amount of money police can keep when they sell seized property.

Chronicle AM: Decrim Vote in Albuquerque, Bad "Fake Weed" in Illinois, More... (4/3/18)

A legalization bill fails in Arizona, another one sputters in Connecticut, a bad batch of synthetic cannabinoids is wreaking havoc in Illinois, and more.

Apparently contaminated synthetic cannabinoids in Illinois have left two dead, dozens injured. (Wikimedia)
Marijuana Policy

Arizona Legalization Fails Dies in Statehouse. There will be no legalization via the legislature in Phoenix this year after lawmakers refused to act on a measure that would have put the issue before the voters. HCR 2037 had been assigned to three different committees, but never got any action in any of them. Sponsors Reps. Todd Clodfelter (R-Phoenix) and Mark Cardenas (D-Phoenix) vow to try again next year.

Connecticut Legalization Bill Gets Committee Hearing. The House Finance, Revenue and Bonding Committee held a hearing on a legalization bill, House Bill 5582, on Monday, making it the fourth committee to hold a hearing on marijuana legalization this session. But the bill is unlikely to pass this year since one committee has already rejected it and another will not be voting on whether to advance it. At the hearing, the Office of Fiscal Analysis reported that the state could expect tax revenues from pot at between $30 million and $63 million, depending on the tax model used.

Albuquerque City Council Votes to Decriminalize Marijuana Possession. City council members voted Monday night on a party line vote to decriminalize the possession of up to an ounce of marijuana. Offenders would be hit with a $25 fine on a first offense. A similar measure passed in 2015, only to be vetoed by the mayor. But now there's a new mayor, so stay tuned.

New Psychoactive Substances

Illinois Sees Bad Synthetic Cannabinoids Kill Two, Leave Dozens Bleeding. Synthetic cannabinoids apparently cut with rat poison have killed two people in Illinois and left 56 others experiencing severe bleeding. The bad dope has shown up in Chicago and the central part of the state, the Department of Public Health said Monday.

Asset Forfeiture

Kansas Governor Signs Minor Asset Forfeiture Reform Bill. Gov. Jeff Colyer (R) has signed into law House Bill 2459, which would make small reforms in the state's civil asset forfeiture law. Under the bill, police who seize property will have to report on what they took and how they used the seized property.

Chronicle AM: Opioid 'Scrips Decline in Legal Weed States, Swiss Consider Legal MJ Sales Pilot Program, More... (4/2/18)

Two new studies find that opioid prescriptions and daily doses decline in legal marijuana states, the Swiss are on the verge of a legal marijuana sales pilot program, and more.

Southern California's Coachella music festival will have to allow marijuana, a state judge has ruled. (Flickr/Feverblue)
Marijuana Policy

After States Legalize Weed, Opioid Prescriptions Decline, Studies Find. Two papers published Monday in the JAMA Internal Medicine that analyzed more than five years of Medicare Part D and Medicaid prescription data found that the number of opioid prescription and the daily dose of opioids declined after states legalized marijuana. "In this time when we are so concerned -- rightly so -- about opiate misuse and abuse and the mortality that's occurring, we need to be clear-eyed and use evidence to drive our policies," said W. David Bradford, an economist at the University of Georgia and an author of one of the studies. "If you're interested in giving people options for pain management that don't bring the particular risks that opiates do, states should contemplate turning on dispensary-based cannabis policies."

Medical Marijuana

 

Maryland Senate Committee Approves Medical Marijuana Expansion Bill. The Senate Finance Committee voted last Friday to approve a bill that would increase the number of licenses for medical marijuana growers from 15 to 20 and the number of licenses for processors from 15 to 25 -- largely in a bid to increase minority business ownership in the industry. None of the companies licensed so far has a black owner. House Bill 0002 has already passed the House and now heads for a Senate floor vote.

International

Swiss Legislature Considers Legal Marijuana Sales Pilot Program. The country is the verge of approving a trial program that could allow up to a thousand people to purchase weed legally from government approved establishments. The measure has already passed the lower house with unanimous approval and is now headed to the National Council for final approval. Switzerland decriminalized the possession of small amounts five years ago.

Italy, France in Diplomatic Spat Over Forced Drug Test of Migrant. Armed French border patrol agents used an Italian train station to force a Nigerian passenger to provide a urine sample for a drug test, provoking the Italians to summon the French ambassador for consultations. The Italians said they had launched a "firm protest" and that border cooperation between the two countries was now undermined. France claimed it had the right to use the facility at the train station under a 1990 agreement, but Italy said it had told French authorities last month that the station was now off limits because it was being used by a humanitarian aid group.

Chronicle AM: Pot-Friendly States Want Sessions Meeting, Indonesia Regressing on Drugs, More... (3/30/18)

Treasurers from a handful of marijuana-friendly states ask for a meeting with Attorney General Sessions, Massachusetts pot shops can seek licenses beginning next week, Indonesia's latest draft criminal code reform is not exactly progressive on drug policy, and more.

Marijuana Policy

Marijuana-Friendly States Want Meeting With Sessions. State treasurers from California, Illinois, Oregon, and Pennsylvania sent a letter to Attorney General Jeff Sessions Thursday seeking a meeting in hopes of resolving conflicts between state and federal marijuana laws. The state treasurers are particularly concerned with the lack of clarity for businesses and banks. The absence of federal rules "leaves the industry and financial institutions in the dark," the treasurers said.

Massachusetts Pot Shops Can Start Applying for Licenses on Monday. The state Cannabis Control Commission made it official Thursday: Prospective marijuana purveyors can begin the process of applying for state licenses as of next Monday. "Starting on April 2, prospective licensees may begin applying for Priority Certification as Registered Marijuana Dispensaries (RMD) or Economic Empowerment Applicants, which provides eligibility to apply for a marijuana establishment license on April 17. All other license types will start the application process on May 1 or June 1, depending on the category," the commission announced Thursday. Retail stores will be able to open starting July 1, depending on whether local regulatory ordinances have been finalized.

Medical Marijuana

Georgia Lawmakers Approve Adding PTSD, Intractable Pain to List of Qualifying Disorders. The legislature has approved a measure, House Bill 65, that would add PTSD and intractable pain to the list of disorders that can be treated under the states CBD cannabis oil law.The bill now goes to Gov. Nathan Deal (R) for his approval or veto.

Michigan Orders More Than 200 Dispensaries to Close Their Doors. State regulators said Thursday they had ordered 210 medical marijuana dispensaries to shut down in the past two weeks largely because they failed to apply for a state license by mid-February or because they were not authorized by local authorities. More than 150 of the shops are in Detroit.

Utah Governor Announces Opposition to Medical Marijuana Initiative. Gov. Gary Herbert (R) has come out against a medical marijuana initiative that has broad popular support and is likely to be on the November ballot. Herbert argued that a limited bill he signed this year was "an important first step," but that the initiative could "potentially open the door to recreational use."

International

Indonesia Moving Firmly Backwards on Drug Policy. The country is revising its criminal code, and in doing so, is continuing to embrace drug war dogma, with proposed revisions that promote harsh penalties for drug use and possession, up to and including the death penalty for some drug offenses. The draft bill contains 22 articles on the use, possession, couriering, and smuggling of narcotics, all of which are treated as criminal offenses punishable with jail time, or in severe cases, death by firing squad. This isn't new for Indonesia, but it's not progressive change, either.

Chronicle AM: DEA Deploys Against Opioids, NY Gov's Criminal Justice Plan, More... (3/29/18)

Mucho medical marijuana, a Connecticut legalization bill gets a hearing, the DEA is deploying 250 agents to fight opioids, Louisiana could get a full-fledged needle exchange program, and more.

The DEA is ready to fight some more drug war.
Marijuana Policy

Third Connecticut Legalization Bill Gets Hearing. A marijuana legalization bill that also includes funding for drug treatment and prevention got a hearing in the House Appropriations Committee Wednesday. House Bill 5394 calls for drafting a plan to legalize and regulate weed by October 1, as well as requiring a treatment and prevention plan by the same date.  The bill did not get a vote. Two other legalization bills before the legislature do not contain the treatment and prevention funding provisions.

Medical Marijuana

Arkansas Judge Puts Hold on State Medical Marijuana Program. A state judge last week put the state's program on hold because of objections to the licensing process, but was apologetic for imposing the delay. "Amendment 98 to the Constitution of Arkansas, an initiative by the people, exists because Arkansans want to provide medical marijuana to persons who suffer from chronic, debilitating, and life-threatening health challenges," Pulaski County Circuit Judge Wendell Griffen wrote in his order last week. "The prospect that Arkansans must now endure more delay before gaining much needed access to locally grown medical marijuana should be unpleasant to anyone concerned about providing relief to people who suffer from serious illnesses."

Kansas House Votes Down Medical Marijuana. As they debated changes to the state's drug laws, lawmakers in the House voted down an amendment that would have allowed the use of medical marijuana. The amendment was offered by Rep. Cindy Holscher (D-Lenexa), who said her own daughter, who suffers from juvenile rheumatoid arthritis, could benefit from access to the medicine. "Please don’t make us lawbreakers," Holscher said. "Give us an option for something that has been proven to work." But the underlying bill contains a provision that allows for the limited use of CBD cannabis oil.

Louisiana House Committee Approves Medical Marijuana for Autism. The House Health and Welfare Committee on Wednesday approved a bill that would add certain types of autism to the list of qualifying conditions for medical marijuana. The move comes as dispensaries are set to open in the state just four months from now. The measure, House Bill 627, now goes to the full House.

New Hampshire Senate Approves Bill to Add More Dispensaries. The state Senate last week approved a bill that would allow for two additional dispensaries in the state.  The state currently has four medical marijuana outlets. The bill now goes to the House.

South Carolina Senate Committee Advances Medical Marijuana Bill. The Senate Medical Affairs Committee approved a medical marijuana bill on Thursday. The measure, Senate Bill 212, now heads for a Senate floor vote.  But advocates worry the bill will die for lack of action in the House. The House has declined to hear its own medical marijuana bill so far this year, and the deadline for doing so is April 10.

Tennessee Medical Marijuana Bill Wins Second House Committee Vote. The House Criminal Justice Committee on Wednesday approved House Bill 1749, which would allow for the use of medical marijuana for a dozen qualifying conditions.  The bill now heads for a House floor vote.

Utah Poll Shows Enduring Strong Support for Medical Marijuana. More than three-quarters (77%) of Utahns "strongly" or "somewhat" favor legalizing medical marijuana, according to a new poll from Dan Jones & Associates. The poll is in line with other recent state polls show high levels of support, undaunted by the legislature's passage of a bill that allows for a "right to try" medical marijuana for terminally ill patients. An initiative that would create a full-blown medical marijuana system in the state will likely be on the ballot in November.

Heroin and Prescription Opioids

Federal Spending Plan Has Nearly $5 Billion to Deal With Opioid Crisis. The omnibus spending bill signed into law by President Trump last week contains some $4.6 billion. The biggest chunk of the money will go to states and tribes, especially those with the highest overdose mortality rates. Some 63,000 Americans died of drug overdoses last year. The funding is less than the $7 billion for fighting AIDS, which killed 42,000 Americans last year.  

DEA Deploying 250 Additional Agents to Fight Opioid Crisis. The DEA announced Tuesday that it is deploying 250 additional task force officers and dozens of analysts across the country in a bid to crack down on opioids. The additional agents and analysts will go to areas hardest hit by the epidemic.

Oregon Governor Signs Opioid Bills into Law. Gov. Kate Brown (D) on Tuesday signed into law two bills and an order setting deadlines for a drug policy commission that has been plagued with staffing and other issues. The order declares addiction a public health crisis in the state. Two bills, House Bill 4137 and House Bill 4143, cover similar ground and require studying barriers to addiction treatment.

Criminal Justice

New York Governor Launches Campaign to Overhaul Criminal Justice System. Gov. Andrew Cuomo (D) on Monday launched a "Campaign to Restore Fairness in New York’s Criminal Justice System." The governor's package would eliminate cash bail for misdemeanor and non-violent felony offenses, ensure access to speedy trials, improve the disclosure of evidence, reform asset forfeiture, and improve reentry programs for people leaving prison.

Harm Reduction

Louisiana House Approves Needle Exchange Bill. A bill that would expand needle exchange programs by allowing them without seeking approval from local governments was approved by the House Committee on Administration of Criminal Justice on Wednesday. House Bill 661 also expands the types of materials and programs a needle exchange can offer, including access to naloxone. The bill now heads for a House floor debate and vote next week.

International

Colombia Coca Growers Threaten to Suspend Cooperation With Peace Process. The federation that represents coca growers, COCCAM, said in a statement on Tuesday it is consulting its members "to define whether to suspend our participation" with the government program that seeks to substitute legal crops for coca.  The federation cited continuing violence, noting that more than 200 coca farmers have been killed since the beginning of the peace process in December 2016. The growers are also unhappy with the government's response to their complaints with Justice Minister Enrique Gil for proposing a law shielding coca growers from criminal prosecution, but which excludes families that have already signed up for the program. The bill also more than halved the amount of land to be considered a small grower, changes the federation called a "flagrant betrayal of the peasants, Afro-descendants and indigenous people who put their trust in the peace process by joining the program."

Georgia Drug Decriminalization Bill on Hold After Controversial Rewrite. A bill that would decriminalize drug use and possession has been held up after an interagency commission expressed support for a new draft drug policy law that activists say no longer talks about decriminalization.  The new draft also fails to differentiate quantities of drugs for personal use from those for distribution except in eight cases, meaning people caught with any amount of other drugs face years in prison. "Nobody mentioned decriminalisation at today’s hearing, which is alarming," Guram Imnadze, a lawyer from local rights group the Human Rights Education and Monitoring Centre (EMC) said after it was over. The current draft doesn't address the key problem with the country's drug policy, which, he said, was that "people spend years in prison for drugs they intended for personal use."

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