Marijuana Legalization

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Chronicle AM: Good IL, MI Pot Polls, Denver Psilocybin Initiative, ACLU Targets DAs, More... (3/6/18)

Pot polls in a pair of key Midwest states are looking good, the ACLU seeks to influence district attorney races around the nation,  a Denver magic mushroom initiative is getting underway, and more.

Marijuana Policy

Illinois Poll Has Strong Support for Marijuana Legalization. A new Paul Simon Public Policy Institute poll has support for marijuana legalization at 66%, with only 32% opposed. The poll comes as a measure to hold a non-binding public referendum on legalization moves through the legislature.

Michigan Poll Has Strong Support for Marijuana Legalization. A new EPIC-MRA poll has support for a pending marijuana legalization initiative at 61%. The initiative campaign has already handed in some 365,000 signatures; it only needs 252,253 valid voter signatures to qualify for the November ballot. State officials have been counting signatures since November, but it remains unclear when they will decide the measure has qualified for the ballot or not.

Nevada Gambling Regulators Reject Ties to Marijuana Businesses. The state's Gaming Policy Committee has recommended that the gambling industry not have any business relationship wit marijuana distributors. That recommendation reflects existing policy, but the issue came up again after the state legalized weed in 2016.

New Jersey Marijuana Legalization Hearing Reveals Deep Splits. The Assembly Oversight, Refom and Federal Relations Committee heard from dozens of witnesses for and against marijuana legalization during a day-long hearing Monday. The hearing was the legislature's first step toward addressing legalization this session. Even though Gov. Phil Murphy (D) supports legalization, there was no consensus emerging from the hearing and no vote taken.

Rhode Island Report on Marijuana Legalization Released. Advocacy groups the Marijuana Policy Project and Regulate Rhode Island have released a report on legalization in the state: "How should Rhode Island legalize marijuana: Asking the right questions." The 42-page document features detailed discussion of different models for regulating marijuana for adults based on other states’ experiences and urges policymakers to consider the benefits and costs of various approaches.

Albuquerque City Council Files Bill to Decriminalize Marijuana Possession. Albuquerque City Council members Pat Davis and Isaac Benton have filed a new bill to remove criminal sanctions pertaining to possession of marijuana and marijuana paraphernalia from the city’s municipal codes. The proposed ordinance makes one ounce or less of marijuana and possession of drug paraphernalia a civil infraction with a fine of $25. A civil infraction is not considered a criminal conviction. The ordinance also takes away the potential for jail time. Currently, a person can spend more than two weeks in jail for a first offense and 90 days for a subsequent offense.

Medical Marijuana

<Idaho Senate Panel Kills Bill Allowing Use of CBD. A last-ditch effort to pass a CBD medical marijuana bill, House Bill 577, was derailed Monday amidst legislative turmoil. Sen. Tony Potts (R) accused the Republican legislative leadership of blocking action on the bill and asked Senate Health and Welfare Committee Chair Lee Heider (R) to allow a vote. That didn't happen; instead the committee approved a motion to keep the bill in committee, killing it for the year.Pennsylvania Dispensaries Facing Product Shortages. Medical marijuana dispensaries are already running out of supply less than two weeks after sales began in the state. The main reason is that only one of the state's 12 licensed growers is actually shipping product. The other reason is unexpected demand.

Psychedelics

Denver Magic Mushroom Decriminalization Initiative Getting Underway. A group calling itself Coloradans for Psilocybin has met with Denver officials about putting an initiative on the municipal ballot that would decriminalize psilocybin possession and make it law enforcement's lowest priority. Anyone caught with less than two pounds of magic mushrooms would face only a $99 ticket. The group says it will have an initiative cleared for signature gathering soon.

Drug Testing

Faced With Legal Weed, Full Employment, Employee Drug Testing is Declining Pre-employment drug testing is in decline in the face of spreading marijuana legalization and a tightening job market. The change is most evident in pot-legal states, such as Colorado, where the number of companies doing the tests declined from 77% last year to 66% now. "The benefits of at least reconsidering the drug policy on behalf of an employer would be pretty high," said Jeremy Kidd, a professor at Mercer Law School, who wrote a paper on the economics of workplace drug testing. "A blanket prohibition can't possibly be the most economically efficient policy" he told McClatchy.

Law Enforcement

ACLU Using Soros Money to Target District Attorney Races. Backed by millions of dollars from financier George Soros's Open Society Foundations, the ACLU is making a major play to influence local prosecutor races around the country. The group is planning voter education and outreach campaigns in district attorney races in California, Florida, Maine, Massachusetts, Minnesota, Oklahoma, Oregon, Vermont and possibly North Carolina and Missouri. The ACLU says it will focus on big cities with large jail populations in what it's calling its Campaign for Smart Justice. The ACLU doesn't endorse candidates, but says its goal is to raise awareness of criminal justice issues.

Chronicle AM: HHS Sec Says "No Such Thing" as MedMJ, OR Opioid Treatment Bill, More... (3/5/18)

Seattle will join San Francisco is expunging past petty pot possession convictions, the HHS secretary denies the reality of medical marijuana, the DOJ wants to toughen up a bill aimed at opioid makers and distributors, Colombia and the US reach an agreement on drug policy goals, and more.

HHS Secretary Alex Azar, formerly of Eli Lilly, says "there is no such thing as medical marijuana." (Wikipedia)
Marijuana Policy

New Jersey Pot Legalization Hearing Today. The Assembly Oversight Committee is holding a hearing today on marijuana legalization, the first step in getting a legalization bill through the legislature. Sen. Nicholas Scutari (D) has filed Senate Bill 380, which would legalize the possession of small amounts of pot and allow for taxed and regulated sales, but other bills could also be filed, including bills that only decriminalize—not legalize—marijuana.

Oregon Senate Approves Bill to Fund Enforcement Against Black Market Operations. The state Senate voted last Friday to approve Senate Bill 1544, which would create the Illegal Marijuana Market Enforcement Grant Program within the Criminal Justice Commission. The program would offer $1.5 million a year over six years to help local governments with costs incurred in going after illicit cultivation and production. The bill now goes to the House of Representatives for consideration.

Seattle to Expunge Misdemeanor Pot Possession Convictions. Mayor Jenny Durkan and City Attorney Pete Holmes announced last Thursday that they will clear the records of people who were prosecuted for misdemeanor pot possession prior to the legalization of marijuana in 2012. The city estimates some 500 to 600 convictions dating back to 1977 will be overturned.

Medical Marijuana

Health and Human Services Secretary Says "No Such Thing" as Medical Marijuana. Health and Human Services Secretary Alex Azar refused last Friday to acknowledge that marijuana has any medicinal uses. In response to a question at an Ohio press conference about opioids about the role of medical marijuana in treating them, he replied: "There really is no such thing as medical marijuana," he said at an Ohio press conference on opioids. "There is no FDA-approved use of marijuana, a botanical plant. I just want to be very clear about that."

Heroin and Prescription Opioids

Justice Department Wants Congress to Stiffen Opioid Legislation. In a letter last Wednesday to the head of a congressional committee investigating the opioid industry, Assistant Attorney General Stephen E. Boyd urged Congress to rewrite a bill passed with the pharmaceutical industry's blessing that the DEA says undermines its efforts to go after companies suspected of violating the drug laws. The Ensuring Patient Access and Effective Drug Enforcement Act was pushed through Congress in 2016 by a small group of lawmakers backed by drug companies, including then Rep. Tom Marino (R-PA), who was forced to back away from a nomination to head the drug czar's office after a CBS News investigative report on the law last fall.

Oregon House Approves Opioid Treatment Access Bill. The House last Thursday approved House Bill 4143, which "requires Director of Department of Consumer and Business Services to study barriers to effective treatment for and recovery from substance use disorders, including addictions to opioids and opiates, and to report and make recommendations to Legislative Assembly not later than June 30, 2018." The bill now goes to Gov. Kate Brown (D) for her signature.

Pennsylvania Governor Says State Will Ease Access to Opioid Treatment Medications. Gov. Tom Wolf (D) announced last Thursday that the state is ending a policy that slowed treatment for people addicted to opioids. The state's Medicaid program will no longer require doctors to get prior approval when prescribing drugs such as Suboxone and Vivitrol, used in what's known as medication-assisted treatment (MAT). "MATs work — they’re part of an overall strategy that can help all kinds of people," Wolf said. "This step that I’m announcing today is going to increase access to this lifesaving treatment for those who suffer from substance use disorder across the commonwealth."

Foreign Policy

US, Colombia Agree to Expand Anti-Drug Cooperation, Set Goal of 50% Coca Reduction. The United States and Colombia reached an agreement last Friday on cooperation in their joint anti-drug campaigns. The two countries pledged to expand their anti-drug cooperation, which has as an expressed goal or reducing the country's coca and cocaine production by 50% by 2023.

Chronicle AM: Trump Wants to Execute Drug Dealers Again, USSC Pick is Hardliner, More.... (3/2/18)

The president goes public with previously only privately uttered remarks about wanting to execute drug dealers, one of his picks for the Sentencing Commission is horrid, and more.

Trump talks tough on drug dealers, but his Sentencing Commission pick may be a more serious threat. (Gage Skidmore/Wikimedia)
Marijuana Policy

Rhode Island Marijuana Legalization Commission Delays Report. A commission of lawmakers, medical marijuana patients, health providers, and law enforcement that was supposed to release its findings on March 1 didn't do so—and it won't do so this year. Instead, lawmakers are proposing a bill, House Joint Resolution 7529, to extend the commission's work for another year, with a report due out next February. While legalization at the state house was unlikely this year, now it's even more unlikely, although not impossible.

Medical Marijuana

West Virginia House Passes Medical Marijuana Expansion Bill. The House of Delegates on Wednesday approved House Bill 4345, which will increase the number of growers, processors, and dispensaries that can operate in the state. The bill also allows businesses to operate in all three sectors and allows patients to preregister before the anticipated July 2019 rollout. The bill does not include allowing the use of raw marijuana, but that could be added as an amendment in the Senate.

Drug Testing

Vermont House Approves Saliva Drug Testing for Drivers. The House on Friday gave preliminary approval to House Bill 237, which would allow police to drug test saliva during traffic stops. Approval came after an amendment to require that the accuracy of the devices be verified by at least two peer-reviewed studies. Under the bill, test results alone would not lead to arrest or conviction, but impairment would be determined by police. Some lawmakers said that because the saliva tests can detect metabolites for up to 30 days, unimpaired drivers could find themselves charged with drugged driving.

Law Enforcement

President Trump Comes Out and Almost Says It: Drug Dealers Should Be Executed. Reports earlier this week had the president privately calling for the execution of drug dealers, but he went on the record at the White House meeting on opioid policy Thursday. "Some countries have a very, very tough penalty. The ultimate penalty," he said. "And by the way they have much less of a drug problem than we do. So we’re going to have to be very strong on penalties. We have pushers and we have drug dealers that kill hundreds and hundreds of people and most of them don't even go to jail," he said. "If you shoot one person, they give you life, they give you the death penalty. These people [who sell drugs] can kill 2,000, 3,000 people and nothing happens to them."

Sentencing

One Trump Sentencing Commission Nominee Really Likes Imprisoning People. President Trump nominated five people to the US Sentencing Commission Thursday, and one of them is an absolute sentencing hardliner. Nominee Bill Otis, "a prominent pro-prosecution crusader" who "passionately defends the same law-and-order policies that created our current crisis of mass incarceration," according to Slate, which provides a comprehensive listing of his anti-reform positions and activities. "It’s easy to see why the Trump administration settled on Otis for the Sentencing Commission: He will be able to advocate for the draconian punishments that Trump and Sessions have championed." 

Chronicle AM: Non-Binding Legalization Votes, Iran Expecting Fewer Drug Executions, More... (3/1/18)

A non-binding referendum on marijuana legalization has been approved by the Illinois Senate, another such referendum bill has just been filed in Rhode Island, the Iranian justice minister said drug executions will drop dramatically, the president nominates members to the Sentencing Commission, and more.

Iran's new drug policies should result in a "dramatic" decrease in drug executions like this.
Marijuana Policy

Delaware Marijuana Report Fails to Win Task Force Approval for Release. A final report on issues surrounding marijuana legalization failed to win approval from a legislative and state official task force, but one Democratic legislator said it will be made available to the General Assembly anyway. Only 12 of the 25 task force members voted to release the report; all state cabinet representatives either were absent or abstained. Gov. John Carney (D) has said he opposes legalization.

Illinois Senate Approves Non-Binding Legalization Referendum. The Senate voted 37-13 Thursday to put a non-binding marijuana legalization referendum on the November ballot. The measure, Senate Bill 2275, now heads to the House. The question voters would be asked is: "Shall the State of Illinois legalize the cultivation, manufacture, distribution, testing, and sale of marijuana and marijuana products for recreational use by adults 21 and older subject to state regulation, taxation and local ordinance?"

Rhode Island Bill to Put Non-Binding Legalization Referendum Before Voters Filed. Rep. Scott Slater (D-District 10) filed a bill Wednesday that would put the question of legalizing marijuana before the voters in a non-binding referendum. House Bill 7883 would ask voters: "Do you support the legalization of possession and use of marijuana by persons who are at least 21 years of age, subject to regulation and taxation that is similar to the regulation and taxation of tobacco and alcohol?"

Baton Rouge Moves Toward Decriminalization. The East Baton Rouge Metro Council voted Wednesday night approved a measure that would direct police to only issue summonses to people caught with less than 14 grams of weed, with the only punishment being a $40 fine, with the fine going up $20 for each subsequent offense. Under current law, those folks are looking at six months in jail. If signed by Mayor-President Sharon Weston Broome, the new law goes into effect in 30 days.

Sentencing

Trump Nominates Sentencing Commission Members. On Thursday, President Trump announced he intended to nominate five people to the US Sentencing Commission, which sets guidelines for federal sentencing. He named Judge William Pryor of Arkansas, who already sits on the commission, to be Acting Chairman. Of the four other nominees, three are sitting federal judges and one is a Georgetown University law professor who has raised eyebrows for his support of mandatory minimums.

Rhode Island Bill Would Impose Life Sentences for Drug Overdose Deaths House Speaker Nicholas Mattiello has filed House Bill 7715, which could create life sentences for people convicted of providing drugs to persons who suffered a fatal overdose. Under current state law, anyone convicted of providing drugs to a minor who overdoses an dies can get a life sentence; this bill would expand that to include life sentences no matter the age of the victim. "Anyone who is preying on individuals with an addiction, regardless of age, should be held responsible. This is not a crime restricted to the sale of drugs to a minor," Mattiello said.>

Washington State County Will Stop Prosecuting Small-Time Drug Possessors. Snohomish County Prosecutor Mark Roe has announced that his office will no longer prosecute people caught with less than two grams of any illicit drug. He said the prosecutions are time-consuming, he doesn't have enough prosecutors to keep up, and the prosecutions do little to stop drug use. Snohomish County lies between Seattle and the Canadian border.

International

Iran Justice Minister Expects Fewer Executions Under Revised Drug Law. Justice Minister Ali Reza Avai told the UN Human Rights Council on Tuesday that he expects to see drug executions shrink after reforms in the Islamic Republic's criminal code aiming to be more efficient and safeguard the rights of the accused were adopted. "In this context the counter-narcotics law was amended. As a result, executions related to drug crimes will decrease remarkably," he predicted. Iran has been one of the world's leading drug executioners.

Mexican Police Accused of Death Squad Tactics Against Drug Suspects. Prosecutors in the state of Veracruz have charged 19 police officers, including some commanders of a special anti-drug unit, of kidnapping, torturing, and murdering at least 15 people in the area. Police in marked cars would pick up suspects, but not record the arrests, instead turning them over to specialized interrogation and torture squads working at the policy academy. They were later killed and their bodies disposed of. The charges are an important step in addressing festering impunity for official crimes in the drug war. "This is the first time they have charged people in significant numbers and of significant rank and demonstrated that there was an organized, structured governmental apparatus that had an agreed-on, systemic method to carry out a policy of disappearing people," said Juan Carlos Gutiérrez, a lawyer who specializes in human rights cases. The groundbreaking thing is that prosecutors built a case by demonstrating there was a whole governmental structure that was designed to disappear people," he told the Guardian.

Chronicle AM: Joint-Smoking IL US House Candidate, DEA Link to Mexico Murders, More... (2/28/18)

An Illinois Democratic congressional candidate goes bold on weed, New Jersey legalization efforts face an uphill battle in the Senate, congressional Democrats call for investigations into DEA-linked drug war deaths in Mexico, and more.

Illinois Democratic congressional contender Benjamin Thomas Wolf lights up in new ad. (wolfforcongress.com)
Marijuana Policy

Illinois Democratic Congressional Candidate Smokes Joint in Ad. Former FBI national security official and current Logan Park restaurateur Benjamin Thomas Wolfe is running for the Democratic nomination for Illinois' 5th congressional district -- and he's putting marijuana legalization front and center. A photograph Wolf released Monday features him sitting in front of an American flag painting. Above him, smoke rises from the joint he presumably just puffed on. "As a cannabis user, I think it's important we get out front and talk about it," Wolf said. "We realize that cannabis can bring billions of dollars to the state, it's medicine for millions of people around the country, it changes criminal justice reform and personally I think it's a wonderful recreational substance as well."

New Hampshire Poll Finds Strong Support for Legalization -- Without Sales. A new Granite State poll has across the board support for a bill that would legalize the possession and cultivation of small amounts of marijuana, but not sale or taxation of it. The poll had support at 56% overall, with 61% of Democrats, 56% of independents, and 49% of Republicans behind it.

New Jersey Senate Survey Suggests Hard Road Ahead for Legalization. A survey of all 40 state Senate members by NJ Cannabis Insider finds there is some work to be done before the body is prepared to pass a legalization bill. The survey found only five senators said they would vote yes, 20 would vote no, and 15 were either undecided or did not reply. A legalization bill, Senate Bill 830, awaits a hearing in the Senate Judiciary Committee.

Medical Marijuana

Tennessee Medical Marijuana Bill Advances. The House Criminal Justice Subcommittee narrowly approved a medical marijuana bill Tuesday. The committee voted 4-3 in favor of House Bill 1749, with the key vote provided by House Speaker Beth Harwell.

Harm Reduction

New York Advocates Call on Mayor de Blasio to Release Study on Safe Injection Sites. Advocates led by the Drug Policy Alliance, Housing Works, and Camelot gathered at city hall Tuesday to demand that Mayor Bill de Blasio release a $100,000 study on the feasibility of safe injection sites. De Blasio said last month he would release the results "relatively soon." On Tuesday, the Health Department again said "soon." The city council authorized safe injection sites two years ago.

Law Enforcement

Congressional Democrats Want Investigation into Mexico Murders Linked to DEA Activities. Democratic leaders in the House and Senate have sent a letter to the Justice and State departments asking that their inspectors general investigate DEA-led operations in Mexico that triggered violent retaliation from drug cartels, leading to the death or disappearance of dozens or even hundreds of people. The Democrats cited a 2010 cartel attack in Monterrey and a 2011 massacre by Zetas in the state of Coahuila. In both cases, the killings were linked to DEA surveillance activities, and in both cases, the DEA downplayed its involvement and didn't help investigate the killings.

(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.)

Rick Steves Has Three Must-Sees for a Jeff Sessions European Drug Policy Trip

PBS star and prolific travel guidebook author Rick Steves is a prominent advocate of marijuana legalization and drug reform. For years, he has advocated for freeing the weed and adopting a more moderate, European-style approach to drug policy.

Rick Steves dishes out some travel tips for the attorney general. (Wikimedia)
He has enjoyed successes, playing a leading role in bringing the public around in Washington state, which legalized weed in 2012, and continuing to make his high-profile calls for more enlightened drug policies. But now, the Trump administration, and Attorney General Jeff Sessions in particular, is trying to put the brakes on, and that got Steves thinking.

In response, as Rolling Stone reports, Steves has now combined his travel savvy and his drug reform advocacy in proposing an eye-opening, pot-centric European travel itinerary tailor-made for Sessions in the hope that some of the Old World tolerance would rub off on him.

Here are the three must-sees on Steves' Sessions European drug policy itinerary:

1. Switzerland. "I would take him to Switzerland and we'd go to a heroin maintenance clinic," Steves said, referring to the country's pioneering and non-criminal approach to opioid addiction.

2. Barcelona. Cannabis clubs are allowed there. "In Spain they can't sell marijuana but they can grow it. In practice, they don't want to grow it so they join a club that grows it collectively, and they can enjoy the harvest."

3. The Netherlands. Steves said he would take the attorney general to one of those famous Dutch "coffee shops" where adults can legally purchase small amounts of weed. "After the coffee shop, we'd visit a mayor and a policeman and have [Sessions] listen to the mayor and policeman explain why they'd rather have coffee shops than have marijuana sold on the street," Steves says.

Although he didn't mention it, there is one other European destination that could be an eye-opener for Sessions:

4. Portugal.The Iberian nation decriminalized the possession of all drugs in 2001. And not only is it still standing, it has drug use levels similar to other European countries, but without all the arrests.

Of course, Sessions is unlikely to take Steves up on his offer and even more unlikely to be convinced by saner European approaches, but Steves' point is still made: There are better ways of dealing with drug use and abuse. We just have to acknowledge them.

California's Marijuana Farmers Are Slow to Join the Legal, Regulated System

The vast majority of California's marijuana growers have yet to try to move into the state's new legal regulatory framework, leaving big questions looming around whether they can survive in the brave new world of legal weed, whether a substantial illicit market will remain, and whether that anticipated tax revenue windfall will actually materialize.

According to a report released Monday by the California Growers Association, representing mainly small-scale growers across the state, fewer than 1% of growers have been licensed so far. That's a measly 534 licensed growers out of an estimated 68,000 in the state.

The report, "An Emerging Crisis: Barriers To Entry In California Cannabis," identifies a number of obstacles for small producers and warns that those issues must be addressed if participation is to increase and a post-legalization law enforcement crackdown is to be avoided.

"Without broad participation, legalization will look a lot like prohibition," with many illicit growers, the report concludes. "The current system will not achieve its goals without fundamental and structural changes that allow small and independent businesses to enter into compliance."

Obstacles to participation include lack of access to the financial sector. the high costs of complying with regulatory and tax burdens, state regulations that seem perversely designed to weed out small competitors, slow-moving or sometimes hostile local governments, and a saturated market.

As one Sonoma County cultivator put it in the report:

The unintended consequence of making it so difficult at the local and state level to enter the regulated market is that 80-90% of those who were working with dispensaries prior to 1/1/2018 are being pushed to the black market. This is not only bad for the regulated market because so much high quality product is now flooding into the black market, but crime is increasing as a result as well.

I am truly heartbroken to see what the regulatory system has done to the artisan cultivators and manufacturers who were creating diverse, boutique products. These people who built this industry are not allowed to participate. I hope we can course correct this year.

State and local governments need to make course corrections now "or else a staggering number of businesses will fail, while staggeringly few enjoy significant growth," the report warned. "Many of the best growers -- the most dedicated and passionate artisans who can add tremendous value to the state marketplace -- are the ones being left behind."

It's unlikely all those pot farms are just going to dry up and blow away, though. The report notes that the state currently produces about 15 million pounds of marijuana each year, but that only 3 million pounds are consumed in-state. That means the vast majority of California-grown marijuana is already heading for out-state markets in prohibitionist states. Quick action to make California's legal markets more friendly to small producers may eventually entice more to fight their way into the regulated economy, but it's going to take the end of prohibition in the rest of the country to end California's black market marijuana exports.

Chronicle AM: Jail Populations Drop, Maine MJ Social Clubs Go Up in Smoke, More... (2/22/18)

An Arizona legalization poll has good numbers, asset forfeiture reform bills move in a couple of states, the Bureau of Justice Statistics reports on declining jail population numbers, Maine lawmakers appear ready to do away with pot social clubs the voters voted for, and more.

Jail populations have been declining for a decade. (Wikimedia)
Marijuana Policy

Arizona Poll Shows Strong Support for Legalization. A new poll from OH Predictive Insights and the Consumer Choice Center had support for marijuana legalization at nearly two-thirds. Some 62.9% of respondents supported taxing and regulating marijuana like alcohol, with 40.9% strongly supporting it. Voters in the state narrowly rejected a legalization initiative in 2016; efforts are underway to get one on the ballot this year.

Illinois Will Put Non-Binding Legalization Question on November Ballot. The Senate Executive Committee voted Wednesday to put a non-binding question on the ballot asking voters whether they would support marijuana legalization. Meanwhile, a legalization bill awaits action in the legislature.

Maine Lawmakers Erase Social Consumption. Lawmakers working to get the state's legal marijuana industry off the ground have eliminated any reference to social clubs where people can use marijuana, even though the initiative passed by voters in 2016 included them. "No other state has licensed social clubs," said Sen. Roger Katz, R-Augusta, co-chairman of the implementation committee. "This is clearly the law, but it passed by the narrowest of margins. We ought to go slow and be conservative." The move came in a straw vote Wednesday; a final committee vote is set for Friday.

West Virginia Legalization Bill Filed. A Democratic congressional candidate who is also a current state senator filed a legalization bill Monday. Sen. Richard Ojeda (D-Logan) filed Senate Bill 593, which would allow adults to possess up to four ounces at home and two ounces in public and grow up to four seedlings and four mature plants. The bill does not contemplate a system of taxed and regulated marijuana commerce.

Medical Marijuana

Indiana CBD Bill Wins Committee Vote. The House Courts and Criminal Code Committee voted Wednesday to approve Senate Bill 52, which would allow the legal sale of CBD cannabis oil with low THC levels. The bill is one of a number filed to address the state's CBD mess, which was created when the legislature passed a bill last year allowing for its use, but which left no means to legally obtain it.

Heroin and Prescription Opioids

Maryland Bill to Lengthen Prison Sentences for Opioid Overdose Deaths of Minors Gets Hearing. The House Judicial Committee held a hearing Tuesday on House Bill 649, which would impose a prison sentence of up to 30 years for anyone convicted of selling or giving heroin, fentanyl, or other opioids to a minor who then overdoses and dies. Under the bill, even sharing drugs that result in a fatal overdose by a minor could result in a conviction. No vote was taken. Similar bills have been introduced in recent years, but went nowhere.

Asset Forfeiture

Idaho House Approves Civil Asset Forfeiture Reform Bill. The House voted unanimously Wednesday to approve House Bill 447, which does not eliminate civil asset forfeiture, but does restrict it. The bill would ban police from seizing cash or property merely because it is in close proximity to an illegal substance and it would ban the seizure of vehicles unless they are connected to trafficking offenses. It also imposes new reporting requirements. The bill now goes to the Senate.

Kansas House Gives Preliminary Approval to Civil Asset Forfeiture Reform Bill. The House voted Wednesday to give preliminary approval to House Bill 2459, which doesn't end civil asset forfeiture, but would impose stricter reporting requirements on all law enforcement agencies. The bill was set for a final House vote Thursday.

Incarceration

Jail Incarceration Rate Has Declined. The Bureau of Justice Statistics announced Thursday that the percentage of US residents in jail has declined since 2012. At midyear 2016, the jail incarceration rate was 229 per 100,000 residents, down 3.4% from 2012 and down 11.2% from 2008, the year jail populations peaked. There were some 740,700 inmates in jails at midyear 2016. Nearly two-thirds (65%) of those in jail had not been convicted of a crime, but were awaiting trial.

Philadelphia DA Will Stop Jailing People Accused of Low-Level Crimes Who Can't Afford Cash Bail. District Attorney Larry Krasner said Wednesday his office will stop jailing people who can't afford to pay cash bail in minor criminal cases, including drug cases. The move is the latest in a growing movement that argues that the practice unfairly targets poor Americans. "There is absolutely no reason why someone who will show up for court, is not a risk of flight, is not a threat to their neighbors and community should sit in jail for days or weeks or months or years because they can't post a small amount of bail," said Krasner, a civil rights lawyer who ran on a liberal platform last year opposing mass incarceration. "We do not imprison the poor in the United States for the so called crime of poverty."

Chronicle AM: Call to End New Medicaid Work Requirement, Israeli Pot Decrim Advance, More... (2/20/18)

Public health, mental health, and drug reform groups call for an end to a new policy requiring Medicaid recipients to work, a key congressional Democrat calls for a progress report from Trump's opioid commission, Israeli marijuana decriminalization crosses a major hurdle, and more.

Marijuana Policy

California Bill Would Bar Pot Shops From Selling Customer Data to Third Parties. Assemblyman Evan Low (D-San Jose) has filed Assembly Bill 2402, which would ban retail marijuana shops from selling customer data to third-party vendors without the customer's consent. "The focus of this piece of legislation is around privacy," Low said. "So, while now cannabis is legal in California, there are many individuals who want to make sure that cannabis and their use of cannabis is not made public for many reasons. If you shop at retail stores, you magically start to get emails and snail mail from other similarly focused retail stores," Low added. "And so we wanted to make sure that we don't do that with cannabis without consent."

Maryland Legalization Constitutional Amendment Gets Hearing Today. The Senate Judicial Proceedings Committee held a hearing today on House Bill 1264, which, if approved, would set up a statewide referendum on marijuana legalization. The House bill was filed by Delegate David Moon (D-Takoma Park); the Senate version is sponsored by Sen. Bob Zirkin (D-Baltimore County), who heads the Senate committee hearing the bill.

Massachusetts Lawmaker Blasts Some Draft Regs. State Rep. Mark Cusack (D-Braintree), who helped write the state's legalization implementation law, has criticized the Cannabis Control Commission and some of its proposed draft regulations. He wrote to the commission saying he has "grave concerns" over draft regulations around social consumption, local control, and licensing for delivery services and micro-businesses. The local control regulations ignore state law requiring localities to first seek voter approval, he said. He also lambasted proposals for on-site consumption, saying a new referendum would have to be passed. Voters legalized marijuana in the state nearly 15 months ago now.

Medical Marijuana

Michigan Judge Strikes Down Detroit Medical Marijuana Initiative. A Wayne County circuit court judge last Friday overturned a voter-approved initiative that would have relaxed restrictive local controls on medical marijuana businesses in the city. Proposal B would have allowed pot shops and processing businesses in all business and industrial districts, including downtown and Midtown. The judge cited state court precedent that zoning questions could not be decided by voter initiatives.

Industrial Hemp

Alaska House Passes Hemp Bill. The House on Monday approved Senate Bill 6, which legalizes industrial hemp and establishes a pilot program for its growth and production. The Senate has already approved the bill, but since the House amended the bill, it now goes back to the Senate for a final concurrence vote.

Drug Testing

Massachusetts Lab Forfeits $1 Million for Unnecessary Drug Tests. State Attorney General Martha Healey (D) announced last Friday that Precision Testing Laboratories, Inc. will forfeit more than a million dollars to settle claims it billed for medically unnecessary drug tests. It paid $400,000 to Massachusetts and will pay more than $650,000 to Connecticut. The lab will also be barred from participating in the two states' Medicaid programs for the next 10 years. The company had promoted itself as providing urine drug testing services to people in recovery, but that it used very expensive drug tests and "aggressively marketed an expensive and unnecessarily complex drug testing package to sober houses, despite the fact that they knew that the tests were for residential sobriety monitoring, a violation of MassHealth regulations."

Missouri Bill Would Criminalize Synthetic Urine. State Rep. Nate Tate (R-St. Clair) has filed a bill that would make the sale of synthetic human urine a criminal offense. Under House Bill 1810, all drug test-cheating products would be banned, and anyone who provides them with the intent to defraud a drug test would be subject to a Class B misdemeanor. Prosecutors like the bill.

Drug Treatment

Public Health, Drug Reform Groups Protest Federal Policy Imposing Work Requirements on Medicaid Recipients. More than 160 organizations in the public health, mental health, addiction treatment, and drug reform fields have sent a letter to Health and Human Services Secretary Alex Aszar decrying the new federal policy. They argue the policy would hinder access to Medicaid by people with chronic health problems, especially those fighting substance abuse and mental health disorders. "This is deeply troubling given the devastating and escalating opioid overdose crisis that President Trump has designated as a national public health emergency," the letter said.

Heroin and Prescription Opioids

Leading Congressional Democrat Wants Hearing on Trump's Opioid Panel's Progress. Rep. Elijah Cummings (D-MD), the top Democrat on the House Oversight and Government Reform Committee, sent a letter to committee Chairman Rep. Trey Gowdy (R-NC) last Friday urging him to request that presidential counselor Kellyanne Conway brief the committee on the work done by the president's opioid commission. "I understand that President Trump has designated Kellyanne Conway as his point person on this issue, so her input would help the Committee with its ongoing efforts to evaluate the status of the Commission's recommendations," Cummings wrote.

International

Israeli Marijuana Decriminalization Advances. The Ministerial Committee for Legislation has approved a bill that would decriminalize the possession of small amounts of marijuana. Under the bill, people caught with pot would pay a $282 fine and would not be subject to arrest until a fourth offense. Legalizatin advocate MK Tamar Zandberg (Meretz), who heads the Knesset Committee on Drug and Alcohol Abuse, was pleased: "When we started our struggle, people disrespected us, but the Ministerial Committee's decision today is proof that a real, persistent struggle succeeds in the end," said Zandberg. "This bill is far from being perfect, but it is a foot in the door on the way to full legalization."

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

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

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

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

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

Medical Marijuana

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

Sentencing Reform

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

International

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

Drug War Issues

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