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Medical Marijuana Update

The Florida medical marijuana mess continues, a Nebraska medical marijuana initiative has submitted proposed language, and more.

Florida

Second Florida Bill to End Ban on Smoking Medical Marijuana Filed. State Sen. Jeff Brandes (R-St. Petersburg) has filed SB 182, which would end the state's ban on smoking medical marijuana. A similar bill, SB 372, was filed earlier this month by Sen. Gary Farmer (D-Fort Lauderdale). The ban has also been challenged in the courts, and GOP Gov. Ron De Santis has said that he will drop the state's appeal in the case if lawmakers don't eliminate the ban.

Florida Bill to End Ban on Smoking Gets Twisted. A bill from Jeff Brandes (R-St. Petersburg) that would end the ban on smoking medical marijuana, SB 182, was so altered in the Senate Health Policy Committee Monday that Brandes now says it would be worse for patients that doing nothing at all. At the behest of Chairwoman Gayle Harrell (R-Port St. Lucie), the committee voted to require that patients seeking to use smokable marijuana get a second opinion from a physician and to mandate that doctors would only be able to order smokable marijuana if it were the only route of administration that would benefit the patient. Brandes says the bill “will have to be significantly amended” before he would send it to the Senate floor for a full vote.

Florida Judge Again Strikes Down Cap on Dispensaries. For the second time in a month, Leon County Circuit Court Judge Karen Gievers has struck down a state law capping the number of dispensaries a medical marijuana business can operate. The limit on the number of storefronts was not contained in the state’s successful medical marijuana amendment but imposed by the legislature in 2017. In her opinion, Gievers harshly criticized the legislature and state health officials for failing to comply with the amendment. "The evidence clearly and conclusively establishes beyond any doubt that conveniently located medical marijuana dispensaries (as opposed to vehicle delivery, the only allowed alternative means of dispensing) promote authorized users’ improved access to medical marijuana products and related information and services, at lower cost, and promote public safety (the stated goals for regulation in the amendment)," Gievers wrote in Friday’s ruling.

Nebraska

Nebraska Medical Marijuana Initiative Backers File Proposed Language. A group calling itself Nebraskans for Sensible Marijuana Laws submitted its proposed language for a medical marijuana ballot initiative Tuesday. If approved for signature gathering, the initiative will need about 130,000 valid voter signatures to qualify for the 2020 ballot. The move comes after the state legislature has refused for years to pass legislation, but initiative organizers say they would prefer to achieve their goals by passing Legislative Bill 110, which is pending this session.

Wyoming

Wyoming Medical Marijuana Bill Filed. Republican House Majority Leader Eric Barlow has filed a bill to legalize medical marijuana, HB 278. The bill would create a strictly regulated system for the use and distribution of medical marijuana in the state.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Feds Move Against Philly Safe Injection Site, MA Heroin OD Death Case, More.... (2/6/19)

Pushback against marijuana legalization emerges in Illinois and New York, the federal prosecutor in Philadelphia has moved to block a supervised injection site, the Massachusetts Supreme Judicial Court will decide on whether an involuntary manslaughter charge is appropriate in a heroin overdose death case, and more.

Massachusett's highest court will decide if sharing heroin with someone who ODs is involuntary manslaughter. (Creative Commons)
Marijuana Policy

Illinois Catholic Bishops Oppose Marijuana Legalization. The bishops in charge of all six of the state’s Catholic dioceses have unsurprisingly come out against efforts in the state legislature to legalize marijuana. "As lawmakers consider this issue, it is important to remember they are not only debating the legalization of marijuana, but also commercialization of a drug into an industry the state will profit from," the bishops said in a statement. "In seeking the common good, the state should protect its citizens."

New York PTA Opposes Marijuana Legalization. The New York State Parent Teacher Association has Gov. Andrew Cuomo's (D) and the legislature's push to legalize marijuana.  is urging Gov. Andrew M. Cuomo and state lawmakers to rethink their push to legalize adult-use marijuana. "In 2017 the American Medical Association stated that marijuana is a dangerous drug, a serious public health concern and that the sale of marijuana for recreational use should not be legalized," State PTA Executive Director Kyle Belokopitsky said in a statement. "We need to listen to experts on this and must do more to protect our children from substance use disorders. This is the wrong move for New York state, our children and their families." The bill the governor has proposed requires New Yorkers to be at least 21 years of age to consume marijuana.

Medical Marijuana

Nebraska Medical Marijuana Initiative Backers File Proposed Language. A group calling itself Nebraskans for Sensible Marijuana Laws submitted its proposed language for a medical marijuana ballot initiative Tuesday. If approved for signature gathering, the initiative will need about 130,000 valid voter signatures to qualify for the 2020 ballot. The move comes after the state legislature has refused for years to pass legislation, but initiative organizers say they would prefer to achieve their goals by passing Legislative Bill 110, which is pending this session.

Asset Forfeiture

Hawaii Civil Asset Forfeiture Reform Bill Wins Senate Committee Vote. The Senate Judiciary Committee voted unanimously Tuesday to approve SB 1467, which would end civil asset forfeiture in the state. The bill now goes to the Senate Ways and Means Committee before heading to a Senate floor vote. 

Harm Reduction

Eastern Pennsylvania US Attorney Files Lawsuit to Block Philadelphia Supervised Injection Site. US Attorney for the Eastern District of Pennsylvania William McSwain announced at a Wednesday morning news conference that he had filed a lawsuit aimed at blocking Philadelphia from becoming the first city in the nation to host a supervised injection site. His lawsuit asks a federal judge to declare such a facility illegal under federal law. McSwain said that by seeking a civil ruling before the site became operational, his office could avoid having to resort to making criminal arrests and prosecutions and/or forfeiture proceedings. McSwain's move comes after city officials have spent more than a year preparing to get a site up and running.

Sentencing

Massachusetts Supreme Judicial Court to Decide on Appropriate Penalty for Supplying Heroin in Overdose Cases. The state's highest court will decide whether a UMass-Amherst student who jointly procured heroin with a friend who subsequently overdosed and died from the drug can be charged with involuntary manslaughter based on wanton or reckless conduct and drug distribution. In oral arguments Monday, the student's attorneys noted that while other had been charged with involuntary manslaughter in overdose deaths, their client had not injected the victim with heroin, supplied him with other drugs, or knew of any prior overdoses. The court is not expected to rule on the case for four or five months.

Chronicle AM: FL MedMJ Moves, CA Safe Injection Site Bill Filed, More... (2/5/19)

Florida courts and the legislature are both dealing with the legislature's previous efforts to mess with the voter-approved medical marijuana amendment, a pot legalization bill gets a hearing in New Hampshire, a Virginia trooper and a drug suspect are killed in the drug war, and more.

There's a battle over smokable medical marijuana in Florida. (Creative Commons)
Marijuana Policy

Guam's Governor Supports Marijuana Legalization Bill. Gov. Lou Leon Guerrero has come out in support of a marijuana legalization measure, Bill 32-35, the Guam Cannabis Industry Act of 2019. Her move came after meeting with bill author Sen. Clynt Ridgell last Friday, but her support is not surprising; she’s been in favor of legalization for some time. The bill would allow adults to possess and grow their own marijuana, as well as create a system of legal marijuana commerce.

New Hampshire Marijuana Legalization Bill Gets Hearing. A bill to legalize marijuana, HB 481, got a public hearing Tuesday. The bill, sponsored by Rep. Renny Cushing (D-Hampton), is opposed by Republican Gov. Chris Sununu.

Medical Marijuana

Florida Bill to End Ban on Smoking Gets Twisted. A bill from Jeff Brandes (R-St. Petersburg) that would end the ban on smoking medical marijuana, SB 182, was so altered in the Senate Health Policy Committee Monday that Brandes now says it would be worse for patients that doing nothing at all. At the behest of Chairwoman Gayle Harrell (R-Port St. Lucie), the committee voted to require that patients seeking to use smokable marijuana get a second opinion from a physician and to mandate that doctors would only be able to order smokable marijuana if it were the only route of administration that would benefit the patient. Brandes says the bill “will have to be significantly amended” before he would send it to the Senate floor for a full vote.

Florida Judge Again Strikes Down Cap on Dispensaries. For the second time in a month, Leon County Circuit Court Judge Karen Gievers has struck down a state law capping the number of dispensaries a medical marijuana business can operate. The limit on the number of storefronts was not contained in the state’s successful medical marijuana amendment but imposed by the legislature in 2017. In her opinion, Gievers harshly criticized the legislature and state health officials for failing to comply with the amendment. "The evidence clearly and conclusively establishes beyond any doubt that conveniently located medical marijuana dispensaries (as opposed to vehicle delivery, the only allowed alternative means of dispensing) promote authorized users’ improved access to medical marijuana products and related information and services, at lower cost, and promote public safety (the stated goals for regulation in the amendment)," Gievers wrote in Friday’s ruling.

Hemp

Mississippi Lawmakers Reject Move to Let Farmers Grow Hemp. The House Drug Policy Committee on Monday rejected on a tie vote an amendment that would have changed state law to allow farmers to grow hemp in the state. Congress last year approved the production of hemp in pilot programs.

Asset Forfeiture

North Dakota Civil Asset Forfeiture Reform Bill Gets Hearing. The House Judiciary Committee heard testimony Monday on HB 1286, which seeks to end civil asset forfeiture in the state. Law enforcement officials testified against ending civil forfeiture but appeared open to transparency and reporting requirements in the bill.

Harm Reduction

California Legislature to Consider Allowing Pilot Overdose Prevention ProjectsState Assemblymember Susan Talamantes-Eggman (D-Stockton) and State Senator Scott Weiner (D-San Francisco) on Monday filed a bill to allow the City of San Francisco to pilot and evaluate an “overdose prevention site” program. These sites would allow drug users could consume illegal drugs, including heroin, cocaine, or methamphetamine, under the supervision of staff trained to prevent and treat drug overdose and to help steer people who use drugs into drug treatment, housing, and other medical and social services. The bill is AB 362.

Law Enforcement

Virginia Trooper, Suspect Killed in Drug Raid. State Trooper Lucas Powell was shot and killed Monday night as he participated in a drug raid by the Piedmont Regional Gang and Drug Task Force in Cumberland County. The person whose home was being raided and who killed Powell, Corey Johnson, was then shot and killed by police.

International

Mexico to Try New Tactics in Search for Those Missing in Drug War. Mexican officials said Monday they have a new plan to search for the more than 40,000 people who have gone missing amidst the country’s drug wars. The government will create a new forensic institute and work more closely with families and international groups, interior ministry undersecretary for human rights Alejandro Encinas said at a press conference. In addition to the 40,000 missing, there are some 26,000 unidentified bodies in the forensic system, he said.

Chronicle AM: Denver Psilocbyin Init Will Go to Voters, White House Issues Drug Strategy, More... (2/4/19)

The White House belatedly released the National Drug Control Strategy, a Denver magic mushroom initiative has qualified for the May ballot, Northeastern marijuana legalizers are busy, and more.

Denver will vote on removing criminal penalties for psychedelic mushrooms. (Greenoid/Flickr)
Marijuana Policy

World Health Organization Urges Removal of Marijuana from Drug Treaties. The World Health Organization (WHO) last Friday published a letter to the United Nations advising that marijuana and cannabis resin should no longer be considered controlled substances under international drug treaties. WHO specifically asked that the substances be moved out of Schedule IV of the Single Convention on Narcotic Drugs, which includes drugs thought to have no therapeutic value.

Cory Booker Enters Presidential Race With Call for Marijuana Legalization, Criminal Justice Reform. Sen. Cory Booker (D-NJ) formally entered the race for the Democratic presidential nomination last Friday and called for marijuana legalization and broader criminal justice reforms. There is a need for "changing our drug laws," including "ending the prohibition against marijuana," he said. "We do not have equal justice under the law," Booker said of the disproportionate rate at which black people are incarcerated under the country's drug laws. I believe in redemption."

New York Governor Wants Marijuana Legalized by April 1. Gov. Andrew Cuomo (D) said last Friday he wanted to see marijuana legalized by the state budget deadline of April 1. His remarks came after Assembly Speaker Carl Heastie said that lawmakers might have to wait until after the budget to take up legalization. But Cuomo said Friday he isn't giving up on his timetable and that a lot can happen in the legislature in six weeks.

Pennsylvania Legalization Bill Coming. Rep. Jake Wheatley (D-Allegheny County) will file a legalization bill that expunges criminal records for past pot convictions, releases inmates currently serving time for such offenses, and allows people 21 and over to use, buy, and grow marijuana.

Vermont Attorney General Supports Legalizing Pot Sales. Vermont became the first state to legalize marijuana legislatively last year but did not legalize marijuana commerce. Now, there's an effort underway to do so with SB 54, and Attorney General TJ Donovan supports it. "We have to have a regulated market," he said last Thursday. "This is common sense." The bill is currently before the Senate Judiciary Committee.

Medical Marijuana

Wyoming Medical Marijuana Bill Filed. Republican House Majority Leader Eric Barlow has filed a bill to legalize medical marijuana, HB 278. The bill would create a strictly regulated system for the use and distribution of medical marijuana in the state.

Psychedelics

Denver Will Vote on Magic Mushroom Initiative in May. City officials announced last Friday that the Decriminalize Denver initiative to make adult use and possession the lowest law enforcement priority and bar the city from using its resources to arrest and prosecute people for the hallucinogenic fungi has qualified for the ballot and will go before voters in the May municipal election. This marks the first time any jurisdiction in the US will have voted on decriminalizing psychedelics.

Drug Policy

Trump Administration Unveils National Drug Control Strategy. The White House last Thursday released its long-awaited National Drug Control Strategy, which typically is released annually, but which the Trump administration failed to do last year. The document contains little new policy but instead emphasizes existing Trump priorities: reducing drug supply through stricter law enforcement, lowering first-time opioid prescription rates, and expanding access to addiction treatment. Despite its emphasis on supply reduction, it acknowledges the risk of reducing access for chronic pain patients. Although it talks about drugs coming across the Mexican border, the strategy does not contain the words "border wall."

Drug Testing

North Dakota School Board and Employee Drug Testing Bills Die. A pair of bills that would have mandated random, suspicionless drug tests for school employees and school board members have been killed in the Senate. SB 2310 was aimed at school employees, while SB 2337 was aimed at board members.

Sentencing

Mississippi Bill Targets People Who Provide Drugs in Fatal Overdoses. After a conviction for "depraved heart" murder in the case of a fatal overdose was overturned on appeal, state legislators have filed HB 867, which would allow sentences of 20 years to life without parole for people charged with selling drugs that result in the deaths of others. The bill would also increase penalties for the sale of heroin or fentanyl. The bill passed out of the House Judiciary Committee last week and is now headed for the House floor.

(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 website. 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: Baltimore to End Pot Possession Arrests, Deadly Houston Drug Raid, More... (1/29/19)

The attorney general-to-be puts his vow to not go after legal businesses in writing, Baltimore ends pot possession arrests, a Houston drug raid turns violent and deadly, and more.

Possessing a bud or two won't get you arrested in Baltimore anymore. (Creative Commons)
Marijuana Policy

Attorney General Nominee Puts Pledge to Leave Legal Pot Alone in Writing. The man nominated as the next US attorney general, William Barr, has now put his pledge earlier this month to not “go after” state-compliant legal marijuana operations in writing. Responding to written questions from senators, Barr wrote: "As discussed at my hearing, I do not intend to go after parties who have complied with state law in reliance on the Cole Memorandum." That memorandum, crafted in the Obama era, provided some security for legal marijuana businesses but was rescinded by then-Attorney General Jeff Sessions last year.

Minnesota GOP Senate Leader Just Says No to Legal Marijuana Bills. Senate Majority Leader Paul Gazelka said Monday that bills aiming to legalize marijuana had no chance of passing his chamber. “Legalizing marijuana is...not something I would consider a priority issue,” he said. Democrats control the House, but Republicans hold a two-seat majority in the Senate.

Baltimore To Stop Prosecuting Marijuana Possession, Vacate 5,000 Convictions. State's Attorney Marilyn Mosby announced Tuesday that the city will stop prosecuting pot possession cases and will move to vacate some 5,000 marijuana-related convictions. “Is the enforcement and prosecution of marijuana possession making us safer as a city? The answer is emphatically no,” she said. More than 95% of those arrested for simple possession in the city have been black.

Medical Marijuana

Second Florida Bill to End Ban on Smoking Medical Marijuana Filed. State Sen. Jeff Brandes (R-St. Petersburg) has filed SB 182, which would end the state's ban on smoking medical marijuana. A similar bill, SB 372, was filed earlier this month by Sen. Gary Farmer (D-Fort Lauderdale). The ban has also been challenged in the courts, and GOP Gov. Ron De Santis has said that he will drop the state's appeal in the case if lawmakers don't eliminate the ban.

Law Enforcement

Houston Drug Raid Leaves Two Suspects Dead, Four Officers Shot. A forced entry raid of a house where heroin sales were suspected resulted in four police officers shot and wounded and two people in the house shot dead by police. Police came under fire as soon as they knocked down the door and attempted to enter the residence. Investigators found no heroin, but they found marijuana and a white powder believed to be cocaine or fentanyl, Police Chief Art Acevedo said at a news conference. 

The 6 Worst Governors When it Comes to Marijuana Policy [FEATURE]

It's a fundamental of our political system that governors play a critical role in shaping policy at the state level—and even beyond. Governors can use their position as a bully pulpit to advance their agenda, they can use their budget proposals or empower commissions to shape legislation, and they have the power to kill legislation they don't like with their veto pens.

And because Congress has so far refused to act to end federal marijuana prohibition, the role of state governors in marijuana policy is even more important. While they can't simply wave a magic wand to enact their desires, gubernatorial support or opposition can make or break a marijuana reform bill.

With public opinion having shifted dramatically in favor of marijuana legalization—an October Gallup poll had support nationwide at 66 percent, including even a majority of Republicans—and several years worth of legalization to look at in pioneering states such as Colorado and Washington, more and more governors are getting on the legalization bandwagon.

Last week, the National Organization for the Reform of Marijuana Laws (NORML) released its 2019 US Governors Scorecard. It gave each governor a letter grade from A to F based on a combination of legislative history, policy positions taken, and public comments on the issue. NORML was pretty happy with what it found.

“There exists unprecedented political support among U.S. governors for marijuana policy reform,” the group noted, pointing to A grades going to nine governors, all of them Democrats. That's up dramatically from the two A grades handed out just last year. Similarly, seven governors, six of them Democrats, saw their grades improve over last year.

Several newly elected Democratic governors, such as Ned Lamont of Connecticut, J.B. Pritzker of Illinois, and Tim Walz of Minnesota actively campaigned on a pledge to legalize marijuana, while re-elected New York Gov. Andrew Cuomo has also broken dramatically toward legalization. It's a winning issue for Democrats.

But support for legalization is “more partisan than ever before,” NORML points out. “While almost half of all Democratic governors are now on record in support of adult use regulation, no Republican governors publicly advocate for this policy.”

NORML graded 46 governors, saying it had insufficient data to grade the other four. Of the 23 Republican governors only five (22 percent) received a passing grade of C or higher, while among the 23 Democratic governors all but one (96 percent) got at least a C. Of the nine governors getting an A, all were Democrats. Of the four governors getting an F, all were Republicans.

Here are the governors graded the worst by NORML. The list contains the four governors graded F as well as the two governors graded D-. They are all Republicans.

1. Arizona Gov. Doug Ducey: D-. Ducey opposed a 2016 marijuana legalization initiative, saying “I don't know how we make ourselves a stronger state or a better place through this initiative. Almost everything outside of our economy and education that I have to deal with in this state has a common culprit of drug abuse and addiction.” After the measure was narrowly defeated, he said. “Fortunately, Arizona is a place where common sense can still work. We fought very hard and we won this round.”

2. Idaho Gov. Brad Little: F. Little just took office this month, but is on record opposing marijuana legalization and supports only the most limited of pilot programs permitting the use of CBD, but not its broader legalization. He has also expressed concern that allowing hemp cultivation—which is now legal under federal law—would serve as “camouflage for the marijuana trade.”

3. Mississippi Gov. Phil Bryant: D-. While he allowed an extremely limited CBD bill to become law, that law provides no in-state supply for those products, and he remains vocally opposed to marijuana legalization: "We're not going to consider it in Mississippi as long as I'm governor," he said. At least he's term-limited out in 2020.

4. Nebraska Gov. Pete Ricketts: F. A firm foe of marijuana legalization, Ricketts has complained bitterly about neighboring Colorado's legal marijuana regime, saying it imposed a burden on western Nebraska law enforcement (which is presumably forced to sit on the side of highways coming out of Colorado and pull over people looking for pot). Ricketts also opposes medical marijuana absent any firm study by the Food and Drug Administration. He and his fellow Cornhuskers have apparently forgotten that the state was once a leader in progressive pot policy, having decriminalized it during that first wave in the 1970s.

5. Ohio Gov. Mike DeWine: F. DeWine just took office this month, but as state attorney general he declined to comment on whether the Justice Department should go after medical marijuana users and providers in the state. When running for governor, he opposed a statewide initiative that would have diverted many low-level drug users from prison and came out firmly “against the legalization of recreational marijuana,” even falsely claiming that its legalization in other states had led to increased use among youth.

6. South Dakota Gov. Kristi Noem: F. Noem hasn't been in office long enough to do any damage, but she thinks marijuana is “a gateway drug” and vowed that “As governor, I will oppose all attempts to legalize marijuana.” She has the distinction of governing over the only state in the country that makes it a crime to have used marijuana.  

Medical Marijuana Update

One company is offering free medical marijuana to federal workers impacted by the shutdown, a federal medical marijuana research bill has been filed, Florida's new governor looks to loosen the state's medical marijuana law, and more.

National

Federal Medical Marijuana Research Bill Reintroduced. Rep. Matt Gaetz (R-FL) last Wednesday refiled the Medical Cannabis Research Act. It is not yet available on the congressional website. The bill would require the Justice Department to approve more producers of research-grade marijuana, allow the Department of Veterans Affairs to inform patients about medical marijuana studies they can participate in, and protect medical marijuana research institutions. A provision in last year's version that barred people with drug convictions from growing research marijuana has been removed after Democrats complained about it last year.

Medical Marijuana Provider Offering Free Product to Government Workers Affected by Shutdown. BudTrader.com, which describes itself as “the largest online cannabis marketplace,” is offering free medical marijuana to federal workers who can't pay because of the shutdown. “I don’t think federal employees are getting enough love and support, in these tough times, we want to extend the offer of a donation of medical cannabis to any federal worker affected by the shutdown,” BudTrader CEO Brad McLaughlin said in a Tuesday news release. The company said it will donate “the maximum legal allowable amount of cannabis” to any affected government employees.

CBS Rejects Medical Marijuana Superbowl Ad. CBS has refused to air a Superbowl ad submitted by Acreage Holdings, an American marijuana company whose board of directors includes former House Speaker John Boehner. The ad would have focused on how medical marijuana helped people cope with pain. Acreage said it may sue over the issue.

Arizona

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.

Florida

Florida Governor Will End Fight to Block Smoking Buds. New Gov. Ron DeSantis (R) said last Thursday that if the legislature doesn't move to allow the smoking of medical marijuana by March, he will drop the state's appeal to keep the ban in place. A state court had blocked the ban, but DeSantis' predecessor, former Gov. Rick Scott, ordered the appeal.

Michigan

Michigan Will Allow Unlicensed Dispensaries to Reopen. The Medical Marihuana Licensing Board agreed last Wednesday to allow dispensaries that are in the process of applying for a license and who have local approval to stay open until March 31. The move comes amidst a medical marijuana shortage caused in part by the board's closure of 72 unlicensed dispensaries on January 1.

New Mexico

Federal Court Upholds First Amendment Rights of New Mexico Medical Marijuana Company. US District Court Judge James Parker has found in favor of Ultra Health, the state's largest medical marijuana provider, in a case that pitted it against the New Mexico State Fair. Fair officials had blocked the company from displaying an educational booth at the fair in 2017, and Ultra Health sued. The judge found that fair staff had infringed on Ultra Health's free speech and civil rights: “The State Fair’s restrictions ... as applied to Ultra Health’s 2017 State Fair application were unreasonable in light of the purpose of the forum and the surrounding circumstances and therefore violated Ultra Health’s First Amendment right to free speech,” Judge Parker wrote in his ruling.

US Virgin Islands

Virgin Islands Governor Signs Medical Marijuana Bill into Law. US Virgin Islands Gov. Albert Bryan Jr. signed the Medical Cannabis Patient Care Act into law last Tuesday, making the territory the latest U.S. jurisdiction to adopt an effective medical marijuana law. The bill, sponsored by Sen. Positive T.A. Nelson, received final approval from the Legislature on December 28.

Washington

Washington State Bill Would Allow Medical Marijuana Use in Schools. Rep. Brian Blake (D-Aberdeen) has filed HB 1060, which would make it legal for students to use medical marijuana on school campuses. Under the bill, schools would be able to decide whether to allow the use.

Wisconsin

Wisconsin Governor Ready to Move on Medical Marijuana. New Gov. Tony Evers (D) said he will include a “first step” toward legalizing medical marijuana in his state budget proposal. “I just want to make sure we do it correctly,” he said. He will face a tough fight in the legislature, where Republicans control both houses. Assembly Speaker Robin Vos has said she is open to addressing medical marijuana, but Senate Majority Leader Scott Fitzgerald has said he doesn't support it.  

 

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Mexico Murders Hit Record High, Free MedMJ for Federal Workers, More... (1/24/19)

One company is offering free medical marijuana to federal workers affected by the shutdown, New Mexico sees a pot legalization bill filed, Mexican murders hit an all-time high, and more.

One company is offering free medical marijuana to federal workers affected by the shutdown. (Creative Commons)
Marijuana Policy

New Mexico Legalization Bill Filed. Rep. Javier Martinez (D) and four cosponsors filed a marijuana legalization bill, HB 356, Thursday. The bill is not yet available on the legislative website. It would set up a regulated system of marijuana production and sales, automatically expunge certain marijuana offenses, and allow localities to opt out of marijuana sales, among other provisions.

Washington State Bill Would Allow Home Cultivation. A bipartisan group of legislators has filed HB 1131 and a companion measure in the Senate that would allow home cultivation of marijuana. Washington is the only legal state that so far does not allow it. The bills would allow adults to grow up to six plants at home, with a household limit of 15 plants.
Medical Marijuana

Medical Marijuana Provider Offering Free Product to Government Workers Affected by Shutdown. BudTrader.com, which describes itself as “the largest online cannabis marketplace,” is offering free medical marijuana to federal workers who can't pay because of the shutdown. “I don’t think federal employees are getting enough love and support, in these tough times, we want to extend the offer of a donation of medical cannabis to any federal worker affected by the shutdown,” BudTrader CEO Brad McLaughlin said in a Tuesday news release. The company said it will donate “the maximum legal allowable amount of cannabis” to any affected government employees.

CBS Rejects Medical Marijuana Superbowl Ad. CBS has refused to air a Superbowl ad submitted by Acreage Holdings, an American marijuana company whose board of directors includes former House Speaker John Boehner. The ad would have focused on how medical marijuana helped people cope with pain. Acreage said it may sue over the issue.

International

Driven by Drug Wars, Mexico's Murders Hit All-Time High. The Mexican Secretariat of Security and Citizen Protection reported Wednesday that the country saw a record 33,341 homicides last year, up more than 15% over 2017. Many of those killings are directly linked to violence among competing drug cartels and between cartels and the state. The dead included nine journalists, and another one has already been killed there this year.


 

Chronicle AM: CT Pot Legalization Bill Filed, MI Moving to Rein in Civil Asset Forfeiture, More... (1/22/19)

Marijuana reform bills are starting to pop in state legislatures, a federal court judge rules in favor of a New Mexico medical marijuana provider in a free speech case, and more. 

With Democrats in control in Michigan, civil asset forfeiture could be coming to an end

Marijuana Policy

Connecticut Legalization Bill Filed. A legalization bill cosponsored by 40 Democrat legislators has been filed. HB 5595 would allow for legal sales to adults, home cultivation of up to six plants, and give priority in licensing to existing medical marijuana businesses. The bill also contains a provision for the expungement of previous pot convictions, and it would make it illegal for anyone to drive with more than 5 nanograms of THC per milliliter of blood.

Kentucky Decriminalization Bill Filed. State Sen. Jimmy Higdon (R-Lebanon) has filed a bill to decriminalize small-time pot possession. The measure, SB 82, would define less than an ounce of marijuana as a “personal use quantity” punishable only by a fine. The bill would also exempt “personal use marijuana accessories” from the state's drug paraphernalia law. Under current law, possession of eight ounces or less is a misdemeanor.

Medical Marijuana

Federal Court Upholds First Amendment Rights of New Mexico Medical Marijuana Company. US District Court Judge James Parker has found in favor of Ultra Health, the state's largest medical marijuana provider, in a case that pitted it against the New Mexico State Fair. Fair officials had blocked the company from displaying an educational booth at the fair in 2017, and Ultra Health sued. The judge found that fair staff had infringed on Ultra Health's free speech and civil rights: “The State Fair’s restrictions ... as applied to Ultra Health’s 2017 State Fair application were unreasonable in light of the purpose of the forum and the surrounding circumstances and therefore violated Ultra Health’s First Amendment right to free speech,” Judge Parker wrote in his ruling.

Asset Forfeiture

Michigan Legislature Takes Up Ending Civil Asset Forfeiture. The Senate Judiciary and Public Safety Committee will on Thursday take up SB 002, a measure that would require police and prosecutors to win a criminal conviction before permanently seizing someone's property. Similar bills have failed in the past, but now Democrats control both the legislature and the governor's mansion, and both House Speaker Lee Chatfield and Attorney General Dana Nessel support the effort. 

Chronicle AM: Federal MedMJ Research Bill Re-Filed, VA Marijuana Reform Bills Killed, More... (1/17/19)

A federal medical marijuana research bill has been refiled without a bothersome provision, Wisconsin's new Democratic governor now supports marijuana legalization, a Virginia House panel kills decrim and legalization bills, and more.

Florida patients may be soon be able to legally smoke their medicine. (Creative Commons)
Marijuana Policy

Virginia House Panel Kills Marijuana Reform Bills. A House Courts of Justice subcommittee led by conservative Republicans killed a pair of marijuana reform bills Wednesday night. One of the bills would have decriminalized pot possession; the other would have legalized marijuana. They both died on 6-2 votes in the subcommittee.

Wisconsin Governor Endorses Marijuana Legalization. New Gov. Tony Evers (D), who campaigned in support of medical marijuana, has now gone a step further, saying he now supports recreational marijuana legalization. “At the end of the day do I favor legalization? Yes,” Evers said Tuesday. “I want it to be done correctly so we will likely have in our budget a first step around medical marijuana.” He also said he may call for a statewide referendum on legalization. Such a referendum would only be advisory but could put pressure on recalcitrant Republicans in the legislature.

Medical Marijuana

Federal Medical Marijuana Research Bill Reintroduced. Rep. Matt Gaetz (R-FL) on Wednesday refiled the Medical Cannabis Research Act. It is not yet available on the congressional website. The bill would require the Justice Department to approve more producers of research-grade marijuana, allow the Department of Veterans Affairs to inform patients about medical marijuana studies they can participate in, and protect medical marijuana research institutions. A provision in last year's version that barred people with drug convictions from growing research marijuana has been removed after Democrats complained about it last year.

Florida Governor Will End Fight to Block Smoking Buds. New Gov. Ron DeSantis (R) said Thursday that if the legislature doesn't move to allow the smoking of medical marijuana by March, he will drop the state's appeal to keep the ban in place. A state court had blocked the ban, but DeSantis' predecessor, former Gov. Rick Scott, ordered the appeal.

Michigan Will Allow Unlicensed Dispensaries to Reopen. The Medical Marihuana Licensing Board agreed Wednesday to allow dispensaries that are in the process of applying for a license and who have local approval to stay open until March 31. The move comes amidst a medical marijuana shortage caused in part by the board's closure of 72 unlicensed dispensaries on January 1.

Wisconsin Governor Ready to Move on Medical Marijuana. New Gov. Tony Evers (D) said he will include a “first step” toward legalizing medical marijuana in his state budget proposal. “I just want to make sure we do it correctly,” he said. He will face a tough fight in the legislature, where Republicans control both houses. Assembly Speaker Robin Vos has said she is open to addressing medical marijuana, but Senate Majority Leader Scott Fitzgerald has said he doesn't support it.  

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