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Chronicle AM: Bill Barr's Drug Warrior Past, Iran Warns Sanction Could Bring "Deluge of Drugs," More... (12/10/18)

Trump's sanctions could come back to bite us, Iran warns; Trump's new attorney general pick has some solid drug warrior credentials, the WHO postpones a recommendation on marijuana scheduling, and more.

Iran interdicts more opium and heroin than any other country. (UNODC)
Medical Marijuana

Florida Governor-Elect to End Former Governor's Court Battles Over Medical Marijuana. Incoming Gov. Ron DeSantis (R) is parting ways with his predecessor, Rick Scott (R), when it comes to medical marijuana. A spokesman for DeSantis said last Friday that he is unwilling to continue Scott's court battles over the state's voter-approved medical marijuana law. "He is not interested in continuing that fight. I think he has a different perspective than Governor Scott," said spokeswoman Jeannette Nunez. "I think he wants the will of the voters to be implemented."

Foreign Policy

US Sanctions Could Lead to "Deluge of Drugs," Iran Warns. If US sanctions imposed by the Trump administration weaken Iran's ability to contain the opium trade from neighboring Afghanistan, the result could be a "deluge" of drugs, President Hassan Rouhani warned in a speech carried on state television last Friday. "I warn those who impose sanctions that if Iran's ability to fight drugs and terrorism are affected... you will not be safe from a deluge of drugs, asylum seekers, bombs and terrorism, Rouhani said. "We spend $800 million a year to fight drugs which ensures the health of nations stretching from of Eastern Europe to the American West and North Africa to West Asia. Imagine what a disaster there would be if there is a breach in the dam," Rouhani said. "We don't expect the West to pay their share, but they should know that sanctions hurt Iran's capacity to fight drugs and terrorism."

Law Enforcement

Trump's New Attorney General Pick Has Record as Drug Warrior. The president's pick to be the new attorney general, former Attorney General William Barr, may be less hostile to marijuana than Jeff Sessions, but as attorney general under George HW Bush, he pushed hard for more incarceration of drug offenders. More recently, he wrote a 2015 letter defending the criminal justice system as not in need of serious reform and defending mandatory minimum sentencing in particular, while encouraging Congress not to act on a sentencing reform bill. "It's hard to imagine an Attorney General as bad as Jeff Sessions when it comes to criminal justice and the drug war, but Trump seems to have found one," Michael Collins, director of national drug affairs for the Drug Policy Alliance, said in a press release. "Nominating Barr totally undermines Trump's recent endorsement of sentencing reform."

International

WHO Postpones Recommendation for Rescheduling Marijuana. Saying it needed more time to review findings, the World Health Organization (WHO) postponed making any recommendation on rescheduling marijuana. The recommendation was expected to be made at last Friday at the Commission on Narcotic Drugs meeting in Vienna, but that didn't happen. No new date has been provided.

Mexico's New Government Takes Aim at Cartel Finances. Mexican Financial Intelligence Unit head Santiago Nieto announced last Thursday that he had filed a complaint against three businesses and seven people linked to the Jalisco New Generation cartel. Nieto said that was only the opening salvo in the fight to stop organized crime from flourishing with impunity.

Chronicle AM: Feds Warn on Denver Safe Injection Site, It's J-Day in Michigan, More... (12/6/18)

Michigan became the first legal marijuana state in the Midwest today, the feds send a shot across the bow of an effort to get a safe injection site up and running in Denver, cartel violence challenges Mexico's new president, and more.

[Errata: This article initially reported incorrectly that driving under the influence of marijuana under MIchigan's legalization law would result in a ticket. DUI remains a felony in Michigan.]

Today Michigan becomes the first legal marijuana state in the Midwest.
Marijuana Policy

Michigan Marijuana Legalization Now in Effect. As of today, it is legal to possess up to 2.5 ounces of marijuana and grow up to 12 plants in Michigan. There is no public smoking allowed and driving under the influence remains a crime. The state's system of taxed and regulated marijuana sales, however, is not expected to be up and running until 2020. [This article initially reported incorrectly that marijuana DUIs would result in getting a ticket. DUI remains a felony in Michigan.]

New Yorkers Want to Legalize Marijuana to Fix the Subway. Lawmakers are eyeing legal marijuana tax revenues as a means of helping to modernize New York City's subway system. Subway officials say they'll need $40 billion to upgrade, and legal weed could help. "The biggest issue we hear about as elected officials is the state of the subway system," said Corey Johnson, the New York City Council speaker. "To be able to tie these things together is something that could be highly impactful and potentially transformative."

Harm Reduction

Denver DEA, US Attorney Warn City on Safe Injection Sites. As city and county officials move toward establishing a safe injection site for drug users, representatives of the federal government are warning that they are illegal and anyone involved could be looking at years in federal prison. In a joint statement, the feds were blunt: "Foremost, the operation of such sites is illegal under federal law. 21 U.S.C. Sec. 856 prohibits the maintaining of any premises for the purpose of using any controlled substance. Potential penalties include forfeiture of the property, criminal fines, civil monetary penalties up to $250,000, and imprisonment up to 20 years in jail for anyone that knowingly opens, leases, rents, maintains, or anyone that manages or controls and knowingly and intentionally makes available such premises for use (whether compensated or otherwise). Other federal laws likely apply as well." The feds also argued that safe injection sites don't actually produce claimed harm reduction benefits and that "these facilities will actually increase public safety risks" by "attracting drug dealers, sexual predators, and other criminals." Those claims are, at best, debatable.

International

Mexican Cartel Gunmen Kill Six Cops in Deadliest Attack of the AMLO Era. In the deadliest attack since President Andres Manuel Lopez Obrador (AMLO) took office last Saturday, gunmen of the Jalisco New Generation Cartel attacked police transporting a prisoner in Jalisco state, leaving six police officers dead. The attackers came in three vehicles and escaped, setting up roadblocks of burning vehicles they had commandeered. AMLO came into office pledging to quell widespread cartel violence.

Medical Marijuana Update

Dispensaries come to Iowa, Utah's voter-approved medical marijuana law gets modified in the legislature, and more. 

Iowa

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Minnesota

Minnesota Adds Alzheimer's to List of Qualifying Conditions. The state Department of Health announced Monday that it was adding the degenerative neurological disorder to the medical marijuana program, despite concerns about the effectiveness of treatment with marijuana. "Any policy decisions about cannabis are difficult due to the relative lack of published scientific evidence," said state Health Commissioner Jan Malcolm. "However, there is some evidence for potential benefits of medical cannabis to improve the mood, sleep and behavior of patients suffering from Alzheimer’s disease." Minnesota will become the 13th state to okay medical marijuana for Alzheimer's.

Pennsylvania

Pennsylvania to Consider Adding Qualifying Conditions. The state Medical Marijuana Advisory Board has approved a new process for expanding the state's list of qualifying conditions for medical marijuana and in coming weeks will begin accepting petitions for new qualifying conditions to be added to the list. Patient advocates are expected to petition for conditions such as depression, anxiety, and insomnia, among others.

Utah

Utah's Voter-Approved Medical Marijuana Law Amended. Lawmakers on Monday passed sweeping changes to the state's voter-approved medical marijuana law and Gov. Gary Herbert (R) immediately signed them into effect. The changes ban many marijuana edibles, prevent people from growing their own marijuana if they live far from a dispensary, and narrow the list of eligible medical conditions for which the drug can be obtained. Smoking medical marijuana wasn't allowed under the original ballot measure and still isn't. Opponents of the meddling with measure said the changes will create major obstacles for patients and are planning to sue to block the changes. "It's an almost complete disregard for the will of the people," attorney Rocky Anderson said.

 

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

Chronicle AM: Dark Web Dealers Banning Fentanyl, Luxembourg Moves to Legalize Weed, More... (12/3/18)

China agrees to make fentanyl a controlled substance, Dark Web dealers begin banning fentanyl sales, Luxembourg could become the first European country to legalize marijuana, and more.

Fentanyl--too dangerous for the Dark Web? (DEA.gov)
Marijuana Policy

Michigan Bill Would Free Prisoners Doing Time for Marijuana Crimes. Democratic lawmakers have filed a bill, House Bill 6508, that would allow prisoners convicted of certain marijuana offenses to get out of prison. The release would apply to people imprisoned for use, possession, or distribution of marijuana if they meet certain conditions. It would also reduce sentences for other marijuana crimes.

Medical Marijuana

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Heroin and Prescription Opioids

Dark Web Drug Dealers Voluntarily Ban Fentanyl Sales. The British National Crime Agency reports that major dark web drug sellers have begun voluntarily banning the sale of fentanyl because it is both too dangerous and too likely to provoke police crackdowns. That would put the powerful opioid in the company of mass casualty firearms and explosives as commodities too dangerous to trade on the dark web.

Foreign Policy

China Agrees to Make Fentanyl a Controlled Substance After Talks With US. The Chinese Foreign Ministry said it had "decided to schedule the entire category of fentanyl-type substances as controlled substances, and start the process of revising relevant laws and regulations" after the meeting between President Trump and Chinese President Xi Jinping in Buenos Aires on Saturday. The two countries have "agreed to take active measures to strengthen cooperation on law enforcement and narcotics control," including the control of fentanyl-type substances, the statement said. The White House called the move "a wonderful humanitarian effort."

International

Luxembourg Moves Toward Legalizing Marijuana. In a joint press conference, the three political parties that constitute the country's governing coalition announced plans to legalize marijuana, including legal marijuana sales. The announcement came after an online petition calling for legalization generated enough support to be discussed in parliament. The petitioners asked for marijuana to be regulated, pointing to Canada as an example. A final agreement on the exact structure of legalization is expected to be finalized this week. 

Chronicle AM: Harborside Loses Pot Tax Case, Hemp in Final Version of Farm Bill, More... (11/30/18)

The US Tax Court has ruled against Harborside being able to deduct standard business expenses, a hemp provision is in the final version of the farm bill, Mexico and the US disagree over Mexican heroin production levels, and more.

Pot shops can't deduct standard business expenses, the US Tax Court ruled in a case Thursday. (Sonya Yruel/DPA)
Marijuana Policy

California Dispensary Loses in US Tax Court. In a decision Thursday, the US Tax Court rejected a bid from Harborside Health Center to be able to declare normal business expenses on its taxes. The court held that Harborside was "engaged in only one trade or business, which was trafficking in a controlled substance" and since Section 280E of the internal revenue code bars criminal enterprises from taking the expense deduction, "Section 280E prevents [Harborside] from deducting ordinary and necessary business expenses."

Michigan Republican Lawmaker Files Bill to Ban Home Growing. Republican Senate Majority Leader Arlan Meekhof (R-West Olive) on Thursday filed a measure, SB 1243, which would ban the home grows included in the marijuana legalization initiative approved by voters earlier this month. Under the initiative, adults can grow up to 12 plants for personal use in their homes, but that's got Meekhof worried: "People don’t get to make alcohol and serve it in unregulated bars to anyone they want to. Homegrown marijuana is basically unregulated," he said. "It should be in some regulated form, so we have consistency and safety. It’s a mind-altering substance like alcohol. It should be somehow controlled." Meekhof seems to have forgotten that Michigan allows the unregulated home production of up to 200 gallons of beer a year.

Industrial Hemp

Hemp Legalization Included in Final Farm Bill. A provision to legalize industrial hemp will be included in the 2018 farm bill, Senate Majority Leader Mitch McConnell (R-KY) and top figures in the House Agriculture Committee confirmed Thursday. Legislators in the House and Senate agricultural committees said they had reached an agreement on principle on the bill and are now finalizing the language.

Law Enforcement

Houston Drug Sting Leaves Two Dead, Seven Arrested. A drug sting operation involving a multi-jurisdictional task force including the DEA, Houston Police, and a SWAT team left two men dead and seven under arrest. Task force agents met with several known drug dealers, one of whom allegedly fired on SWAT officers moving in to make arrests. He was shot and killed by a SWAT officer. A second man fled the scene, but was found by a police dog and brought back to the scene, where he complained of problems breathing and then died despite efforts by tactical medics to revive him. The seven men arrested face federal drug charges.

International

Mexico Disputes US Heroin Production Estimates. The Mexican government and the UN Office on Drugs and Crime said Thursday that opium poppy production in the country last year encompassed some 75,000 acres, far less than the 110,000 acres estimated by the US earlier this month. The Mexicans also said they had eradicated more than 90% of the crop, which would leave only enough for about 900 kilograms of heroin. The US estimated that Mexico produces 111 tons of heroin last year. 

Medical Marijuana Update

Michigan's unlicensed dispensaries get a break, New Jersey is set to expand its medical marijuana program, and more.

Michigan

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

New Jersey

New Jersey Senate Health Committee Votes in Support of Medical Marijuana Expansion. The Senate Health, Human Services, and Senior Citizens Committee voted Monday to expand the state's medical marijuana program. But advocates had concerns: "Today's vote in support of expanding New Jersey's medical marijuana program is a step in the right direction," said Roseanne Scotti, New Jersey State Director of the Drug Policy Alliance. "However, we have concerns about the impact of this legislation on patients, as it will transfer oversight of medical marijuana from the New Jersey Department of Health, which has a long established, patient-centered program, to a new and relatively undefined commission."

Utah

Utah Medical Cannabis Act Revised Again. A bill aimed at replacing the voter-approved Prop 2 medical marijuana law has now been revised for a third time as legislators prepare to meet in special session to pass it. The newest version removes renter protections for patients, but increases the number of license for "cannabis pharmacies." Under the bill, a central pharmacy would ship marijuana to local health departments for patients to pick up, or patients could use the "cannabis pharmacies."

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

Chronicle AM: First Step Act Fight Continues, MI Gets Legal Marijuana December 6, More... (11/28/18)

Senate Republicans are trying to find a way to keep the First Step Act alive, marijuana use and possession becomes legal in Michigan next week, and more.

Will the First Step Act get a Senate vote this year? And if it does, will it pass? Stay tuned. (ussc.gov)
Marijuana Policy

Michigan Marijuana Legalization Goes into Effect December 6. As of a week from tomorrow, it will be legal to possess and use small amounts of marijuana. But it will probably take until sometime in 2020 for pot shops to open for business. The state says it will start taking business applications late in 2019.

Medical Marijuana

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

Psychedelics

Oregon Attorney General Approves Psilocybin Ballot Measure Language. An initiative that would allow licensed medical professionals to administer psilocybin for therapeutic purposes has had its ballot language approved. The next step is signature-gathering to get the measure on the 2020 ballot. The measure will need 140,000 valid voter signatures to qualify.

Drug Treatment

Massachusetts Federal Court Judge Orders Jail to Provide Methadone. A federal court in Massachusetts granted a preliminary injunction this week, requiring that the plaintiff in the case be provided continued access to methadone treatment for his opioid use disorder while incarcerated. The ruling requires a jail in Essex County to provide medication-assisted treatment (MAT) to a man who is about to be sentenced for conduct that occurred two years ago, before he first started his recovery. The court held that the plaintiff is likely to succeed on his claim that the jail's refusal to provide methadone treatment violates both the Americans with Disabilities Act (ADA) and the 8th Amendment of the US Constitution, which prohibits cruel and unusual punishment.

Sentencing Reform

Senate Republicans Seek Way to Get Sentencing Reform Bill Moving Again. Senate Republicans are pondering changing the First Step Act (S.2795) to make it more palatable for some conservatives, but which could blow up the bipartisan compromise that supports the bill as is. Some of the changes being discussed include tightening the safety valve provision, getting tougher on fentanyl offenders, and backing away from an ending the "stacking" regulation, which adds more time to sentences of people convicted of drug offenses while possessing a firearm. President Trump, meanwhile, continues to push Senate Majority Leader Mitch McConnell (R-KY) to bring the bill to a Senate vote.

Chronicle AM: NJ Legalization Bill Advances, NYC Times Square Ads Target Governor Over Overdoses, More... (11/27/18)

New Jersey's marijuana legalization bill is finally moving, activists in New York City target the governor over safe injection sites, South Korea becomes the first East Asian nation to approve medical marijuana, and more.

https://stopthedrugwar.org/files/times-square-overdose-campaign-november-2018-200px.jpg
Marijuana Policy

New Jersey Legalization Bill Advances. The long-awaited marijuana legalization bill, S2703, is moving in the legislature. It was voted out of a joint committee on Monday, with a 7-4 vote in the Senate Budget and Appropriations Committee and a 7-3 vote in the Assembly Budget Committee. Now the bill goes to the Senate and Assembly floors for any amendments and final votes. The measure would legalize the possession of small amounts of marijuana for adults and set up a statewide system of taxed and regulated production and sales.

Medical Marijuana

New Jersey Senate Health Committee Votes in Support of Medical Marijuana Expansion. The Senate Health, Human Services, and Senior Citizens Committee voted Monday to expand the state's medical marijuana program. But advocates had concerns: "Today's vote in support of expanding New Jersey's medical marijuana program is a step in the right direction," said Roseanne Scotti, New Jersey State Director of the Drug Policy Alliance. "However, we have concerns about the impact of this legislation on patients, as it will transfer oversight of medical marijuana from the New Jersey Department of Health, which has a long established, patient-centered program, to a new and relatively undefined commission."

Harm Reduction

Times Square Billboards Urge New York Governor to "Give the Gift of Life" by Authorizing Overdose Prevention Centers. Advocates and family members who have lost loved ones to overdose blasted Gov. Andrew Cuomo (D) in a series of electronic billboards that began airing throughout Times Square on Giving Tuesday, pressing the Governor to "Give the Gift of Life" this holiday season by authorizing Overdose Prevention Centers. The centers, also known as safer consumption spaces (SCS), are a proven tool for preventing unnecessary and tragic overdose deaths. As overdose deaths continue to increase across New York -- a New Yorker dies every 6 hours of a preventable overdose -- advocates in the EndOverdoseNY coalition are calling on Governor Cuomo to show his leadership and take immediate action to establish Overdose Prevention Centers.

International

South Korea Becomes First East Asian Nation to Approve Medical Marijuana. The South Korean National Assembly has voted to approve an amendment to the country's drug laws that will pave the way for the use of medical marijuana by prescription. Potential patients would be required to apply to the Korea Orphan Drug Center and approval would be granted on a case-by-case basis.

Chronicle AM: NJ Legalization Bill Unveiled, UT MedMJ Fight Continues, More... (11/23/18)

New Jersey embraces industrial hemp and moves toward passing a marijuana legalization bill, New York's governor says a legalization bill will likely pass there next year, and more.

Hemp is coming to New Jersey. (votehemp.org)
Marijuana Policy

New Jersey Legalization Bill Finally Unveiled. Lawmakers on Wednesday unveiled the latest version of a marijuana legalization bill, S2703. The bill would legalize up to an ounce for adults and set up a system of taxed and regulated marijuana production and distribution. The bill sets a 12% tax rate on marijuana sales, which includes the state's 6.625% sales tax, but also would allow localities to seek up to 2% in additional marijuana taxes.

New York Governor Says Recreational Marijuana Bill Will Pass Sometime in 2019. Gov. Andrew Cuomo (D) said Wednesday that he expects his state to legalize marijuana next year, but he offered few details beyond that. "We now have a working group that is putting together a piece of legislation that would do it, because the devil is in the details: How do you do it, where do you do it, what are the ages, etc.? What is New Jersey doing? What has Massachusetts done?" Cuomo said. "So that legislation is being crafted. I expect it to be introduced next year. The when and the how we're not clear."

Medical Marijuana

Utah Medical Cannabis Act Revised Again. A bill aimed at replacing the voter-approved Prop 2 medical marijuana law has now been revised for a third time as legislators prepare to meet in special session to pass it. The newest version removes renter protections for patients, but increases the number of license for "cannabis pharmacies." Under the bill, a central pharmacy would ship marijuana to local health departments for patients to pick up, or patients could use the "cannabis pharmacies."

Industrial Hemp

New Jersey Governor Signs Industrial Hemp Bill. Gov. Phil Murphy (D) has signed into law S3145, which will establish a pilot program for research and cultivation of hemp. The bill had received nearly unanimous support in the legislature. "This pilot program is a win for local farmers who need a diversity of opportunities to compete in the global agriculture market," said state senator Declan O'Scanlon. "Hemp is growing in value as a cash crop, and I am sure the New Jersey economy, and our farmers will benefit from this pilot program."

Medical Marijuana Update

A Pennsylvania patient challenges the federal gun ban, an Ohio court has thrown out the state's law requiring racial justice in licensing, and more.

Indiana

Indiana Poll Finds Strong Support for Medical Marijuana. Even in red-state Indiana, they like their medical marijuana, a new poll finds. The poll from Ball State University finds that 81% of Hoosiers believe marijuana should be legal for medical reasons. The poll had support for full legalization at only 39%.

Kansas

Kansas Governor-Elect Supports Medical Marijuana. Laura Kelly, the Democrat who won a surprise victory in conservative Kansas, is ready to take the state down the path toward legal medical marijuana. "I think that there is some momentum in the legislature to pass, to legalize medical marijuana," she said. "I think we would do it Kansas-style, where it would be well-regulated. With a supporter in the governor's mansion, legislators no longer have to worry about coming up with supermajorities to overcome a gubernatorial veto."

Ohio

Ohio Court Rules Racial Justice Requirement for Grow Licenses Unconstitutional. An Ohio district court has ruled unconstitutional the state's "racial quota" for selecting medical marijuana business licenses. The state's medical marijuana law requires 15% of all licenses to be awarded to businesses owned by racial minorities, and the state awarded two of 12 available licenses to minority-owned firms even though they scored lower than other applicants. One of the applicants who did not get a license sued. The ruling could prompt the state to award a provisional license to the plaintiff in order to make the case go away.

Pennsylvania

Pennsylvania Doctor and Medical Marijuana Patient Sues for Right to Own a Gun. A Philadelphia physician who is also a medical marijuana patient filed a lawsuit in federal court last Thursday challenging a federal law that prevents him from owning a firearm because he uses medical marijuana. Dr. Matthew Roman was blocked from buying a gun earlier this year when he honestly answered a question about marijuana use. Roman's lawsuit claims that the blanket prohibition against marijuana users violates the constitutional rights of tens of thousands of nonviolent, law-abiding American citizens. The filing, in US District Court for the Eastern District of Pennsylvania, claims the law violates both the Second and Fifth Amendments of the Constitution.

Utah

Utah Medical Marijuana Backers Threaten to Sue Over Mormon Church Involvement in Bill to Replace Prop 2. Medical marijuana supporters said last Thursday they are exploring legal action to challenge the legislature's move to replace the voter-approved Prop 2 medical marijuana initiative "at the behest" of the Mormon Church. Even though voters approved Prop 2 this month, lawmakers plan to meet in a December special sessions to replace the measure with a proposal more acceptable to opponents, including the church. "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the... recognition in the Utah Constitution that the people are to have the power to enact legislative changes," attorney Rocky Anderson, former Salt Lake City mayor, wrote.

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

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