Court Rulings

RSS Feed for this category

Chronicle AM: Trump Drug Czar Nominee Withdraws, NFL Endorses Sentencing Reform, More... (10/17/17)

Stories pile up when you spend a week at the drug reform conference: Trump's choice for drug czar is out, the NFL endorses sentencing reform, California's governor signs a sentencing reform bill, and more.

The National Football League has formally endorsed a federal sentencing reform bill. (Flickr)
Marijuana Policy

Mississippi Supreme Court Overturns Marijuana Conviction of Vehicle Passenger. The state Supreme Court last Thursday threw out the marijuana possession conviction of a car passenger, saying the mere fact that he was in the vehicle didn't mean he actually possessed the drug. Marvin Carver had been charged after the car his half-brother was driving was pulled over and marijuana was found. The half-brother said the marijuana was his, and prosecutors never proved that Carver knew about or intended to possess the pot, the court noted.

New Hampshire Marijuana Study Group Holds First Meeting, No Legalizers Included. A commission charged with studying the potential impact of marijuana legalization is holding its first meeting today. Created by the legislature, the commission includes lawmakers and representatives of several state agencies, including banking, law enforcement, and the medical community. Of the legislators, several have voiced opposition to legalization and none are on record in support of it.

Maine Legalizers Reject Legislative Rewrite of Marijuana Law. Legalize Maine, the group behind last year's successful legalization initiative, has come out against the proposed legislative rewrite of the law, saying it "isn't ready for prime time." The group strongly objects to bill language requiring localities to "opt in" to the legal marijuana business instead of having to "opt out." Such a provision will only create chaos and encourage the black market, the group says.

Pennsylvania ACLU Report Finds Large Racial Disparities in Marijuana Arrests. In an analysis of 2016 arrest data, the ACLU found that black adults in the state were eight times more likely to be arrested for pot possession than whites. Marijuana arrests in the state have increased in recent years, and so has the racial disparity in arrests. It was less than six to one in 2011. The arrest figures don't include Philadelphia, which decriminalized in 2014 and saw arrests plummet 88%. But even in Philly, blacks were still three times more likely to be arrested for pot than whites.

Medical Marijuana

Pennsylvania Issues First Medical Marijuana Grow License. The state Department of Health has approved Cresco Yeltrah's 40,000-plus-square-foot indoor grow operation, making it the first medical marijuana grow in the state to be approved. The planting of seeds should commence shortly, with the first crop ready in about four months.

Drug Policy

Trump Drug Czar Nominee Withdraws in Wake of Report He Pushed Bill to Hinder DEA Opioid Pill Enforcement Efforts. Pennsylvania US Rep. Tom Marino (R), who President Trump nominated last month to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office), has withdrawn his nomination in the wake of reports that he shepherded through Congress legislation lobbied for by drug companies and pharmaceutical chains that decreased the DEA's ability to stop suspect shipments of prescription opioids. Marino had come under fire from Democratic lawmakers after the report went public Sunday.

McCaskill Will File Bill to Undo 2016 Law Marino Pushed. Sen. Claire McCaskill said Monday she would fill a bill to repeal the 2016 law Rep. Marino shepherded through Congress at the behest of deep-pocketed drug companies and pharmaceutical chains.

Drug Testing

Wisconsin Moves a Step Closer to Drug Testing Food Stamp Recipients. The state Health Department announced last Friday that it has submitted its plans for the drug testing of food stamp recipients to the office of Gov. Scott Walker (R). Critics of the plan say it requires getting a waiver from the US Department of Agriculture, but the Walker administration disagrees. Look for a court challenge.

Law Enforcement

Justice Department Announces First Ever Indictments Against Chinese Fentanyl Makers. The DOJ announced Tuesday that federal grand juries in Mississippi and North Dakota had returned indictments against two Chinese nationals and their US-based traffickers and distributors for separate conspiracies to peddle large quantities of fentanyl, fentanyl analogues, and other opioids in the United States. These are the first indictments returned against Chinese nationals for manufacturing and distributing fentanyl destined for the US.

Florida Man Wins Cash Settlement After Police Field Drug Test Mistook Sugar for Meth. In 2015, police arrested Daniel Rushing for meth possession after they mistook glaze from a Krispy Kreme donut for methamphetamine. Rushing was held in jail for 10 hours before bonding out. The charges were dropped when subsequent tests showed the substance was indeed glazed sugar. Last week, the city of Orlando agreed to pay him $37,500 to settle his wrongful arrest lawsuit.

Sentencing

In Midst of National Anthem Controversy, NFL Endorses Federal Sentencing Reform Bill. In a letter sent Monday to leading senators, the National Football League offered "full support" for the Sentencing Reform and Corrections Act (S. 1917). "Over the last two seasons, one particular issue that has come to the forefront for our players and our teams is the issue of justice for all," the league noted, obliquely addressing the controversy surrounding NFL players kneeling during the national anthem to protest racial inequality in the criminal justice system, while at the same time supporting progressive sentencing reform.

California Governor Signs Major Drug Sentencing Reform. Last Thursday, Gov. Jerry Brown signed into law Senate Bill 180, authored by State Senators Holly Mitchell (D-Los Angeles) and Ricardo Lara (D-Long Beach). With his signature, Brown repealed a three-year sentence enhancement that added additional years to a sentence for prior drug convictions, such as drug sales and possession of drugs for sales. SB 180, the RISE (Repeal of Ineffective Sentencing Enhancements) Act, was part of Mitchell and Lara's Equity and Justice Package, bills intended to address racially biased sentencing.

Massachusetts Takes Aim at Mandatory Minimums. State Senate leaders are rallying around a sentencing reform bill that would repeal mandatory minimum sentences for small-time drug offenses, lower probation fees, and up the threshold for felony larceny. Supporters of the proposal from Sen. William Brownberger (D-Belmont) rallied last Thursday to champion the bill, which the Senate should be taking up in the next few weeks.

Medical Marijuana Update

It was a pretty quiet week on the medical marijuana front, with all the action taking place in the courts. A Florida farmer sues over grower licenses, a Montana dispensary operator sues over a local ban, and more.

Florida

Last Friday, the state's medical marijuana law was challenged by a black farmer. A state law designed to ensure that at least one medical marijuana cultivation license is reserved for a black farmer has been challenged by a black farmer. Panama City farmer Columbus Smith filed suit to challenge the law, arguing that it is so narrowly drawn that only a handful of black farmers in the state could qualify. The lawsuit names as a defendant the state Department of Health, which issues licenses, and seeks a temporary injunction blocking the issuance of licenses under that provision of the law.

Kentucky

Last Wednesday, a court dismissed a lawsuit aimed at the governor and attorney general. A lawsuit filed against Gov. Matt Bevin (R) and Attorney General Andy Beshear (D) seeking to force them to legalize medical marijuana in the state was thrown out. A Franklin circuit court judge ruled that legal precedent makes it clear that only the legislature can regulate the use of marijuana in the state -- not the executive branch and not the courts.

Montana

Last Friday, a Billings dispensary owner won a temporary restraining order to block a local ban. Richard Abromeit, the co-owner of Montana Advanced Caregivers in Billings, and a patient filed a temporary restraining order against the city in a bid to block city officials from enforcing its new ordinance banning medical marijuana businesses. Now, the city cannot enforce the ban until a future court hearing decides the issue. The dispensary has operated in Billings for a decade, but city fathers voted last month to approve an ordinance that bans all medical marijuana businesses.

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

Chronicle AM: MA Drug Lab Scandal Redux, PA MJ Support Strong and Rising, More... (9/22/17)

Pennsylvania support for marijuana legalization is strong and rising, Attorney General Sessions mixes drug and immigration policy, another federal court rules against Stingray, a second Massachusetts drug lab scandal could see thousands more cases dismissed, and more.

Massachusetts state drug testing labs continue to generate serious problems -- and thousands of case dismissals. (Wikimedia)
Marijuana Policy

California Will Issue Temporary Business Licenses. Regulators will introduce a temporary marijuana business licensing system to ensure a smooth start to regulated marijuana sales beginning on January 1, the state's top marijuana official announced Thursday. Businesses would only need to provide some "pretty basic information" for the temporary licenses, said Lori Ajax. The application will be available in early December, after temporary rulemaking is completed. "We don't have time to do regular rulemaking," she explained, adding that would come next year.

Pennsylvania Poll Shows Strong, Rising Support for Legalization. A Franklin & Marshall College poll released Thursday has support for marijuana legalization at 59%, with only 31% opposed and 9% undecided. The pro-legalization numbers are the highest ever in the poll, up three points since May and a whopping 19 points since June2015.

Immigration

Sessions Blames Lax Immigration Policies for Drug Gangs, Cartels. Attorney General Jeff Sessions used concerns over drug gangs and cartels to attack "loose" immigration policy in remarks in Boston Thursday. He specifically singled out MS-13 as an example, while failing to note the gang's origins among Salvadoran refugees fleeing a US-sponsored civil war there in the 1980s. He also attacked the Deferred Action for Childhood Arrivals (DACA) program, which offers protections to undocumented residents who were brought to the country as children. "The gangs use this program as a means to recruit members," Sessions said. "We cannot allow young people to be brought into this life of crime." Sessions did not mention that DACA participants are carefully vetted and must have no serious criminal records or that 90% of them are working or in college.

Law Enforcement

DC Court Latest to Rule Against Warrantless Stingray Searches. The DC Court of Appeals ruled Thursday that the warrantless use of a Stingray cell-site stimulator to monitor phone calls was unconstitutional. The ruling was only the latest in a string of recent federal appeals court judgments that ruled using the Stingray amounts to a search under the meaning of the Fourth Amendment. In the DC case, the court found the violation so egregious that it excluded all evidence derived from it, overturning the conviction of Prince Jones on drug charges.

ACLU Calls for Thousands More Massachusetts Drug Cases to Be Thrown Out in Drug Lab Scandals. Bay State judges have already dismissed more than 20,000 drug cases tainted by the misbehavior of state lab chemist Annie Dookhan, but now the ACLU is calling for judges and prosecutors to dismiss thousands more in a second case of lab tech misbehavior. Amherst state lab chemist Sonja Farak pleaded guilty in 2014 to stealing cocaine from the lab and admitted she was high nearly every day from 2004 to 2013 on cocaine, meth, and other stimulant drugs she pilfered from her job. The ACLU charges that prosecutors have sought to minimize Farak's misbehavior in a bid to preserve drug cases and convictions and failed to notify defendants that the evidence in their cases had been tainted. "Far worse than the Hinton scandal, the Amherst scandal combines a lab crisis with prosecutorial misconduct of unparalleled scope and irremediable consequence," the ACLU argued. "This latest systemic lapse in the justice system demands a most emphatic response." And that response would be mass dismissals.

International

Iceland Marijuana Legalization Bill Filed. Members of the Reform Party and the Pirate Party have banded together to file a bill that would legalize marijuana in the North Atlantic island nation. The bill would allow anyone 20 and over to possess and cultivate pot for personal use -- with a government permit. The bill would also allow retail sales and consumption lounges, but not at the same business.

Australia to See First Music Festival With On-Site Pill Testing. The Spilt Milk Festival in Canberra will provide on-site pill testing for attendees in a harm reduction move aimed at reducing overdoses and other bad drug interactions. The Australian Capital Territory government has given the okay for the project, which will be operated by the Safety Testing Advisory Service at Festivals and Events. That consortium consists of Harm Reduction Australia, the Australian Drug Observatory, the Noffs Foundation, DanceWize, and Students for Sensible Drug Policy.

Chronicle AM: CVS to Limit Opioid 'Scrips, Sessions Slams Legal Pot (Again), More... (9/21/17)

The attorney general makes clear yet again that he doesn't like legal weed, a Kentucky court throws out a medical marijuana lawsuit, one of the nation's largest pharmacy chains is moving to tighten up on opioid prescriptions, Rodrigo Duterte is ready to kill his own kid for the sake of the drug war, and more.

Attorney General Sessions reprises a favorite theme even as his underlings ponder what to do about legal cannabis. (senate.gov)
Marijuana Policy

Sessions Attacks Marijuana Legalization Again. "I've never felt that we should legalize marijuana," Sessions said Wednesday in San Diego in remarks reported by Reuters. "It doesn't strike me that the country would be better if it's being sold at every street corner," he added, noting that it remains prohibited under federal law. But despite the attorney general's repeated anti-legalization comments, the Justice Department has yet to move seriously against states where it is legal. Last week, Deputy Attorney General Rod Rosenstein said the Cole memo, which set the Obama administration's largely laissez-faire policy toward legal pot states, is now under review.

Maine Legislators Propose Online and Drive-Through Pot Sales. Proposed regulations from the legislature's marijuana committee would let adults buy pot over the Internet and at drive-through windows at licensed pot shops. The rules are not yet set, however, and opponents are seeking to tighten access. Stay tuned.

Las Vegas Gets First 24-Hour Pot Shop. The city council voted unanimously Wednesday to allow a pot shop, Oasis Cannabis, to stay open 24 hours a day. It will be the first 24/7 pot shop to be located near the Strip, but other pot shops in nearby North Las Vegas are already open around the clock. In approving the move, the council overrode its own city code, which requires pot businesses to shut down between 3:00am and 6:00am.

Medical Marijuana

Kentucky Court Dismisses Lawsuit Aimed at Governor, Attorney General. A lawsuit filed against Gov. Matt Bevin (R) and Attorney General Andy Beshear (D) seeking to force them to legalize medical marijuana in the state was thrown out Wednesday. A Franklin circuit court judge ruled that legal precedent makes it clear that only the legislature can regulate the use of marijuana in the state -- not the executive branch and not the courts.

Heroin and Prescription Opioids

CVS to Limit Opioid Prescriptions in Bid to Address Crisis. The national drug store chain announced Thursday it will take steps to limit initial prescriptions to seven-day supplies for new patients facing acute pain. It will instruct pharmacists to contact prescribing doctors if they see prescriptions with what they believe are more opioids than necessary. The chain will also cap daily dosages and require new patients to get medications that offer short-period pain relief instead of longer duration ones. CVS did not address how the moves would impact patients suffering from chronic pain.

Nevada Governor Sets Opioid Task Force Meeting. Gov. Brian Sandoval (R) has announced that the state's task force on opioid abuse is set to meet Monday. He said the task force will hear updates from state and federal agencies on their progress in fighting opioid abuse. The task force has already made the overdose reversal drug naloxone available to first responders, Sandoval noted.

Asset Forfeiture

lIllinois Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Bruce Rauner (R) signed House Bill 303 into law on Tuesday. The new law does not end civil asset forfeiture, but raises the bar for seizures, mandates the collection and reporting of seizure data, and imposes new sanctions for abuse or violations of asset forfeiture rules. Under the new law, the government's burden of proof standard rises from probable cause to a preponderance of the evidence. The law also provides that possession of small amounts of drugs will no longer be a legal basis for forfeiture.

International

Duterte Tells Cops to Kill His Own Son if Drug Smuggling Rumors Are True. In a not very reassuring effort to demonstrate that his own family is not above the law, Philippines President Rodrigo Duterte said in a speech Wednesday that police could kill his children if they prove to be involved in drugs. The remarks came amid reports that his 42-year-old son Paolo was involved in drug smuggling. According to the Sydney Morning Herald, Duterte said he warned his son: "My orders are to kill you if you are caught, and I will protect the police who kill you." That way, people wouldn't think the first family was getting special treatment. "That's better ... so I can say to the people: "There, you keep talking. That's my son's corpse,' he said.

Medical Marijuana Update

A white-haired conservative Mormon Republican senator from Utah files a medical marijuana research bill, the Arizona Supreme Court tells recalcitrant local officials they can't hide behind federal law to mess with the state's medical marijuana law, and more.

National

Last Wednesday, Orrin Hatch filed a medical marijuana research bill, complete with a pun-filled news release. Senator Orrin Hatch (R-UT) introduced the Marijuana Effective Drug Study Act of 2017, or MEDS Act, to improve the process for conducting scientific research on marijuana as a safe and effective medical treatment. In introducing this legislation, Senator Hatch was joined by Senator Schatz (D-HI) and cosponsors Senator Chris Coons (D-DE), Senator Cory Gardner (R-CO), and Senator Thom Tillis (R-NC). "It's high time to address research into medical marijuana," Hatch said. "Our country has experimented with a variety of state solutions without properly delving into the weeds on the effectiveness, safety, dosing, administration, and quality of medical marijuana. All the while, the federal government strains to enforce regulations that sometimes do more harm than good. To be blunt, we need to remove the administrative barriers preventing legitimate research into medical marijuana, which is why I've decided to roll out the MEDS Act. I urge my colleagues to join Senator Schatz and me in our joint effort to help thousands of Americans suffering from a wide-range of diseases and disorders. In a Washington at war with itself, I have high hopes that this bipartisan initiative can be a kumbaya moment for both parties." [Bolding done by Chronicle AM.]

Arizona

Last Tuesday, the state Supreme Court refused to let state officials use federal law to get around state medical marijuana laws. The high court on declined to review a Court of Appeals ruling that federal law does not trump the state's voter-approved medical marijuana law. The lower court had ruled that even though marijuana remains illegal federally, federal law does not preempt the state from allowing patients to use it. The case had been filed by recalcitrant Maricopa County Bill Montgomery (R), who didn't want to heed the will of the voters.

Arkansas

On Monday,a filing deadline saw a rush of applicants for grower and distributor licenses. A deadline for grower and distributor applications saw applicants flood the state office building where the paperwork is delivered. Firm numbers weren't available, but applicants overwhelmed the clerks on duty and faced hours-long waits to get processed.

Michigan

On Tuesday, a pair of Detroit municipal initiatives qualified for the November ballot. Two local ballot measures that would open up business opportunities for medical marijuana in the city will go before voters in November. One measure would formally have the city join the state medical marijuana regulatory system and the other would amend the city's cannabis business zoning laws. The two measures overcame a challenge from the Detroit Elections Commission and have now been approved by the county election commission.

Utah

On Wednesday, Ua poll showed high levels of support for a medical marijuana initiative. A proposed medical marijuana initiative from the Utah Patients Coalition has supermajority levels of support, according to a new UtahPolicy.com poll. The poll has support for the initiative at 74%, with only 22% opposed. More strikingly, it also has support among Mormon Church members at 63%, even the Mormon leadership has announced its opposition. The initiative push comes after the legislature has repeatedly refused to pass a medical marijuana bill.

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

Chronicle AM: Las Vegas MJ Lounges Hit Snag, Utah MedMJ Init Polling Well, More... (9/20/17)

The Bay State's highest court just made it harder for cops to charge people with marijuana-impaired driving, Las Vegas-area county commissioners put a stop to talk of pot lounges anytime soon, Colombia's president speaks out against the drug war (again) at the United Nations, and more.

Don't hold your breathing waiting for marijuana lounges in Vegas. It could be awhile. (Wikipedia)
Marijuana Policy

Massachusetts Court Rules Drivers' Field Sobriety Tests Not Valid for Marijuana. The state's Supreme Judicial Court ruled Tuesday that the field sobriety tests used in drunk driving cases cannot be used as conclusive evidence that a driver was driving high. Police officers could testify as non-expert witnesses about how drivers performed in the field sobriety tests, but cannot tell juries if a driver passed or failed the test, nor provide their own opinions about whether a driver was too high to drive, the court held. The court noted that there is no reliable scientific measure for marijuana impairment, as there is with blood alcohol content.

Nevada's Clark County Says Not So Fast to Las Vegas Pot Lounges. Clark County commissioners are in no hurry to give an okay for marijuana social consumption clubs in Las Vegas. In a Tuesday meeting, they voted 6-1 to hold off on moving to allow and regulate such clubs. The move comes after attorneys for the state legislature issued an opinion saying there is no state law prohibiting the establishment of pot social clubs. Commissioners said they had regulatory concerns, as well as fears of "inviting the feds" to intervene.

Medical Marijuana

Utah Poll has Very Strong Support for Medical Marijuana Initiative. A proposed medical marijuana initiative from the Utah Patients Coalition has supermajority levels of support, according to a new UtahPolicy.com poll. The poll has support for the initiative at 74%, with only 22% opposed. More strikingly, it also has support among Mormon Church members at 63%, even the Mormon leadership has announced its opposition. The initiative push comes after the legislature has repeatedly refused to pass a medical marijuana bill.

Detroit Initiatives Qualify for November Ballot. Two local ballot measures that would open up business opportunities for medical marijuana in the city will go before voters in November. One measure would formally have the city join the state medical marijuana regulatory system and the other would amend the city's cannabis business zoning laws. The two measures overcame a challenge from the Detroit Elections Commission and have now been approved by the county election commission.

International

Colombian President Uses UN Speech to Call for New Approach to Drugs. President Juan Manuel Santos used the occasion of his final speech before the United Nations to repeat his call for a change in the way the world wages the war on drugs. Saying that under drug prohibition, "the remedy has been worse than the disease," he argued that the drug war "has not been won, nor is being won and we require new approaches and new strategies." Santos' remarks came just days after President Trump criticized Colombia for an increase in coca and cocaine production and threatened to decertify the country as cooperating with US drug war aims.

Chronicle AM: Bill to End Federal Man Mins Filed, CA Calls for Pot Rescheduling, More... (9/18/17)

Bostonians celebrate marijuana legalization, California calls for its rescheduling, state attorneys general urge health insurers to reduce opioid prescriptions, Maxine Waters files a bill to end mandatory minimums for drug sentences, and more.

Marijuana Policy

California Officially Calls for Marijuana Rescheduling. The Assembly last Thursday passed a resolution calling on the federal government to reschedule marijuana. The Senate had approved the resolution earlier. "The Legislature urges the Congress of the United States to pass a law to reschedule marijuana or cannabis and its derivatives from a Schedule I drug to an alternative schedule, therefore allowing the legal research and development of marijuana or cannabis for medical use," reads the joint resolution.

Boston Freedom Rally Draws Thousands to Celebrate Legalization. For the first time since voters legalized marijuana last November, the annual event demanding legalization was held this past weekend. Thousands flocked to Boston Common for the 28th Annual Boston Freedom Rally for live music, speeches, educational panels, and -- of course -- plentiful pot-smoking. Even though public marijuana use is illegal, police reported no arrests.

Nevada Supreme Court Throws a Wrench in Marijuana Distribution Licensing. The state's highest court issued a temporary injunction last Friday barring the Department of Taxation from granting any more pot distribution licenses. This means supply chain issues will continue to plague pot shops in the near term. The initiative that legalized pot in the state reserved such licenses for liquor distributors for the first 18 months, but the Tax Commission had voted to allow other distributors to get in on the action after determining that the booze distributors couldn't keep up with demand. The liquor distributors took legal action to block the new licenses, and here we are. Oral arguments in the case are set for October 3.

Heroin and Prescription Opioids

State Attorneys General Urge Insurers to Seek Alternatives for Opioids. Attorneys general from 35 states, Washington, DC, and Puerto Rico announced a bipartisan coalition to fight opioid addiction on Monday and rolled out their effort by jointly calling on health insurers to review pain management treatment policies in a bid to promote more use of alternatives to prescription opioids. The AGs said they didn't want health insurers to unintentionally contribute to the crisis. News articles didn't indicate whether the AGs noted the need to ensure that patients who do need opioids receive them.

Harm Reduction

Philadelphia DA Candidates Are Open to Safe Injection Sites. Larry Krasner, the Democratic frontrunner to be the next district attorney, has come out in support of city-sanctioned safe injection sites for drug users. His Republican foe, Beth Grossman, wouldn't go that far, but said she is open to discussion on the issue. Safe injection sites were mentioned in Mayor Jim Kenney's opioid task force report in May, but they were the most controversial of the report's 18 recommendations. Although efforts are underway in several cities, including New York, San Francisco, and Seattle, no officially-sanctioned safe injection sites operate in the US, although one unsanctioned one is reportedly operating in an unnamed US city.

Sentencing

Maxine Waters Files Bill to End Mandatory Minimum Drug Sentences. Rep. Maxine Waters (D-CA) has filed House Resolution 3800 "to eliminate mandatory minimum sentences for all drug offenses." The bill text is not yet available on the congressional web site.

International

Toronto Pot Lounges Want Right to Exist Under Legalization. Faced with a provincial plan to impose a government monopoly on retail marijuana sales, Toronto's existing pot consumption lounges, some of which have been around since before the turn of the century, are asking the city's Municipal Licensing and Standards Committee to regulate them instead of shutting them down. They argue that the shops are needed in the city, which bans public pot smoking and where many renters and apartment dwellers have no legal place to indulge.

(This article was prepared by StoptheDrugWar.org's lobbying arm, 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.)

Medical Marijuana Update

Medical marijuana is getting some attention in Congress, Arizona PTSD patients are still out of luck, Michigan dispensaries have three months to shut their doors and get licensed, and more.

National

Last Wednesday, a bipartisan group of senators reintroduced the CARERS Act. Sens. Cory Booker (D-NJ), Al Franken (D-MN), Kirsten Gillibrand (D-NY), Lisa Murkowski (R-AK), and Rand Paul (R-KY) refiled the CARERS Act (Senate Bill 1764). The bill aims to "extend the principle of federalism to State drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana."

Last Thursday, the House GOP leadership blocked a vote to protect medical marijuana states. House GOP leaders won't allow a vote on an amendment to a spending bill that bars the Justice Department from spending money to go after state-compliant medical marijuana programs, several lawmakers said. The Farr-Rohrabacher amendment has protected those state programs for the past four years, but House leaders said "it splits the conference too much so we're not going to have a vote on it," The Hill reported. The move came despite pleas from Rep. Rohrabacher (R-CA) to allow the vote.

Last Friday, the budget deal Trump agreed to preserved medical marijuana protections -- for now. The budget deal agreed to between President Trump and congressional leaders extends federal protections to state-legal medical marijuana programs through December 8. This provides an opportunity for House GOP leaders to rectify their decision last week not to allow a vote on the amendment that for the past four years has blocked the Justice Department from spending federal funds to go after medical marijuana in states where it is legal.

Arizona

On Tuesday, the Supreme Court refused to lift restrictions on medical marijuana for PTSD. The state Supreme Court rejected without comment an argument from the Arizona Cannabis Nurses Association that the former state health director had illegally imposed restrictions on when doctors can recommend the drug for PTSD. The high court's decision leaves intact an earlier Court of Appeals ruling upholding the restrictions. Attorneys for the association say they may take the case to federal court on equal protection grounds.

Iowa

Last Friday, the attorney general cited fed fears to block CBD from out of state dispensaries. The attorney general's office has advised the Department of Public Health not to implement a part of the state's CBD medical marijuana law that would have licensed two dispensaries from bordering states to supply CBD to Iowa patients. "It is possible that state's program may come under increased scrutiny from the federal government," a spokesman told the Des Moines Register, adding that the halt would remain "until the federal government provides further guidance regarding state medical marijuana programs."

Michigan

On Monday, dispensaries were given three months to shut their doors. Existing unlicensed dispensaries must shut their doors by December 15, the state Department of Licensing and Regulatory Affairs said. On that date, the department begins accepting applications to operate under new medical marijuana regulations approved this year. While closing up shop and then applying for a license isn't exactly a thrill for existing dispensary owners, it's better than an alternative proposal that called for the dispensaries to be shut down immediately.

Pennsylvania

Last Friday, a lawsuit put the roll-out of the medical marijuana program in peril. A would-be medical marijuana operator who failed to win a permit to operate in an initial round of permit-issuing filed a lawsuit last challenging the process and seeking an injunction that would require the state to rescind all awarded permits and start over. That's raising concerns about medical marijuana supporters that it could cause needless suffering.

Texas

Last Thursday, the sttate issued its first CBD medical marijuana license. The state has issued a license to Cansortium Texas to grow, process, and sell CBD medical marijuana products to patients. Two other companies have applications in the pipeline. The move comes two years after the legislature approved a bill allowing for CBD use for epilepsy.

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

Chronicle AM: White House Seeks MA MedMJ Data, Ecstasy for PTSD Advances, More... (8/28/17)

The White House is sniffing around Massachusetts medical marijuana patient data, the FDA has granted breakthrough drug status for MDMA as a treatment of PTSD, the DEA warns of a looming tide of cocaine, the State Department's top anti-drug official calls it quits, and more.

Cocaine supplies and seizures are at record levels, the DEA says. (US CBP)
Medical Marijuana

White House Seeks Massachusetts Data On Medical Marijuana Users. The National Marijuana Initiative, part of the Trump administration's anti-drug task force, has asked the state Department of Public Health to provide data on the health conditions cited by medical marijuana users. The department has already provided data on patient by age and gender, but said it was considering whether to hand over additional data.

Tennessee Lawmakers to Study Whether to Legalize Medical Marijuana. Lt. Gov. Randy McNally (R) and House Speaker Beth Harwell (R-Nashville) announced in a letter last Friday that they are forming an ad hoc committee to study whether the state should legalize medical marijuana. The lawmakers said they would undertake a comprehensive review of the matter. The committee will consist of 10 legislators.

Ecstasy

FDA Grants Breakthrough Therapy Designation for MDMA-Assisted Psychotherapy for PTSD. The Multidisciplinary Association for Psychedelic Studies (MAPS) announced last Friday that Food and Drug Administration (FDA) has granted Breakthrough Therapy Designation to MDMA for the treatment of posttraumatic stress disorder (PTSD). MAPS and the FDA have also reached agreement under the Special Protocol Assessment Process (SPA) for the design of two upcoming Phase 3 of MDMA-assisted psychotherapy for patients with severe PTSD. MDMA-assisted psychotherapy is a novel treatment package that combines psychotherapeutic techniques with three administrations of MDMA as a pharmacological adjunct. By granting Breakthrough Therapy Designation, the FDA has agreed that this treatment may have a meaningful advantage and greater compliance over available medications for PTSD.

Drug Policy

State Department's Top Anti-Drug Diplomat Joins Exodus, Resigns. William Brownfield, the US Assistant Secretary of State for International Narcotics and Law Enforcement Affairs ("drugs and thugs"), has announced he is quitting at the end of September. Foreign Policy had reported that Secretary of State Rex Tillerson was considering Brownfield for a position as top envoy to Latin America, but instead Brownfield is leaving. His departure is only the latest of top officials from Foggy Bottom, including Brownfield's wife, Kristie Kenney, one of the department's senior foreign service officers, a few months back. Also resigning Friday, was Tracey Ann Jacobsen, the acting director of the Bureau of International Organization Affairs. Earlier in the week, Foreign Policy reported that the department's top official for European affairs, John Heffern, was forced out of his job, adding to "concerns of a growing wave of resignations by foreign policy professionals who are either being pushed out or resigning over frustration with an administration that has downgraded the importance of Washington's diplomatic corps."

Search and Seizure

Indiana Appeals Court Rules Genital Search for Blunt too Intrusive. The state Court of Appeals ruled last week that a police officer's search that included touching a woman's genitals was unconstitutional. Taccasia Porter had been convicted of marijuana possession, but appealed her conviction, arguing that the marijuana found in her underwear shouldn't have been admitted as evidence because it was the fruit of an unlawful search. The appeals court agreed, saying that while an initial search was lawful, the hands-down-the-pants search was not. "While the initial pat-down search was permissible, we find that the subsequent search ran afoul of both the federal and state constitutions," wrote appellate Judge John G. Baker. "All of this took place in a public area on the side of a road, with no evidence that any precautions were taken to protect Porter's privacy from pedestrian or vehicular passers-by or the two men on the scene," the opinion said. No word yet on whether prosecutors will appeal.

International

DEA Report Says Colombia Cocaine Expansion Fueling Rise in Use and Supply in the US. An August DEA Intelligence Brief notes that US cocaine supplies are at the highest levels since at least 2007 and the usage has jumped to the highest levels since 2009. The report also says that cocaine production and US border seizures "have reached the highest levels ever observed. The DEA argued that cocaine supply and us in the US will continue to rise barring a change in US drug habits, cartel behavior, or "a significant shift in the Government of Colombia's policies."

Trudeau Government Not Decriminalizing More Drugs Than Marijuana. Responding to calls from public health and political figures in British Columbia to decriminalize drugs in a bid to combat the opioid overdose epidemic, federal Health Minister Jane Philpott says no way. "Our government is currently working on the legalization, strict regulation, and restriction of access to cannabis, in order to keep it out of the hands of youth, and profits out of the hands of criminals," she said in a statement last week. "We are not looking to decriminalize or legalize other illicit substances at this time."

Mass March for Philippine Teen Drug War Victim.More than a thousand people joined the funeral procession last Saturday for Kian Delos Santos, 17, who was gunned down by Philippines police days earlier as part of their bloody anti-drug campaign. His killing has galvanized opposition to the year-long campaign undertaken by President Rodrigo Duterte upon his inauguration last year, which has resulted in thousands of deaths and increasing attention to charges that police are systematically executing suspected drug users and dealers.

Chronicle AM: Federal Judge Slams Indianapolis PD Car Seizures, More... (8/23/17)

It's slow in the dog days of August, but there is a bit of news out there: Indianapolis cops have to revise their vehicle seizure practices, Alaska regulators are seeking public comment on proposed on-site pot consumption regulations, and more.

Alaska wants to let pot buyers smoke their purchases where they got them. Public comments being sought now. (Sandra Yruel/DPA)
Marijuana Policy

Alaska Regulators Seek Public Comment on Onsite Marijuana Consumption. The state's Marijuana Control Board has created a draft proposal that would allow some pot shops to provide a space for on-premises consumption of products bought there. Now it's giving the public a chance to weigh in. People who want to comment have until October 27.

Nevada Gaming Commission to Discuss Marijuana-Related Issues. The state Gaming Commission will hold a special meeting Thursday to address problems the gambling industry may have to confront after the state legalized marijuana. The commission is likely to discuss ways to keep gaming companies from being associated with marijuana businesses, which are illegal under federal law.

Asset Forfeiture

Indiana Federal Judge Restricts Indianapolis Police Seizure Practices. The Indianapolis Metro Police Department may no longer hold seized vehicles for up to six months before deciding whether to file formal asset forfeiture paperwork, a federal district court judge ruled on Monday. The ruling came in a class action lawsuit challenging such seizures. "The Court concludes that the statutory provisions allowing for the seizure and retention of vehicles without providing an opportunity for an individual to challenge the pre-forfeiture deprivation are unconstitutional," US District Chief Judge Jane Magnus-Stinson ruled in remarks reported by The Indianapolis Star.

Harm Reduction

Kentucky First Responders Get Naloxone. Gov. Matt Bevin (R) joined officials from northern Kentucky and executives from Aetna to announce Wednesday that first responders in the northern and Appalachian regions will receive720 doses of the overdose reversal drug naloxone in a bid to prevent overdose deaths. Drug overdose deaths in the state were at record levels last year, up more than 7% over 2015.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School