Court Rulings

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Chronicle AM: Senate Votes for Legal Hemp, State Department Pushes Aerial Coca Eradication, More... (6/29/18)

The US Senate votes to legalize hemp, the State Department gets behind Colombia's plan to reintroduce aerial fumigation of coca crops, an Arizona court rules that hash isn't medical marijuana, and more.

The Trump administration is down with dumping herbicides on the heads of these Colombian coca farmers. (DEA)
Medical Marijuana

Arizona Appeals Court Rules Patients Face Can Be Arrest For Hashish. The state Court of Appeals ruled Tuesday that medical marijuana patients can still be arrested for possessing hashish because it wasn't included by name in the voter-approved medical marijuana initiative in 2010. The ruling came in the case of card-carrying patient Rodney Jones, who was caught with 0.05 ounces of hash. After spending more than a year in jail, he waived his right to a jury trial, but not his right to appeal. "If the drafters wanted to immunize the possession of hashish they should have said so," the ruling said. "We cannot conclude that Arizona voters intended to do so." Arizona Attorneys for Criminal Justice, which is supporting Jones, said the ruling will be appealed to the state Supreme Court.

Oklahoma Sees First Medical Marijuana Clinic. That didn't take long. Just hours after the polls closed Tuesday and voters approved a medical marijuana initiative, the Tulsa Higher Care Clinic opened for business. The clinic provides doctors who will write medical marijuana recommendations, but it isn't selling any product… yet.

Hemp

US Senate Votes to Legalize Hemp. The Senate passed the omnibus Farm Bill Thursday, and that bill includes an amendment from Senate Majority Leader Mitch McConnell (R-KY) that legalizes the cultivation, processing, and sale of hemp. For years, the DEA has refused to recognize hemp as distinct from marijuana, but that distinction will be enshrined in law if the bill is signed into law. "Consumers across America buy hundreds of millions in retail products every year that contain hemp," McConnell said in a floor speech on Thursday. "But due to outdated federal regulations that do not sufficiently distinguish this industrial crop from its illicit cousin, American farmers have been mostly unable to meet that demand themselves. It's left consumers with little choice but to buy imported hemp products from foreign-produced hemp."

Asset Forfeiture

Idaho Civil Asset Forfeiture Reforms Go into Effect on Sunday. Reforms passed by the legislature and signed into law earlier this year go into effect on Sunday. The new law doesn't end civil asset forfeiture but does ban the seizure of vehicles for simple drug possession, requires that a connection is shown between seized property and a crime, and states that simple possession of a large amount of cash isn't grounds for it to be seized. The bill also requires for the first time statewide reporting of civil forfeitures and includes a provision allowing people accused of crimes to retain their property until found guilty.>

Foreign Policy

State Department Supports Resumption of Aerial Coca Eradication in Colombia. The US State Department Thursday expressed its support for resuming aerial coca spraying in Colombia. "The United States believes that all tools must be used to reverse the sharp increase in cocaine production," a department spokesperson said. Aerial fumigation was banned in 2015 because of environmental damage and health concerns for residents of areas being sprayed. Colombia produced a record amount of cocaine last year.

In Drug Case, Supreme Court Holds That Unauthorized Rental Car Drivers Have Rights, Too

Criminal Court & Legal Affair Investigative Journalist Clarence Walker can be reached at [email protected].

The US Supreme Court recently annulled a major search and seizure case around a rental car filled with heroin with a ruling that could impact the legal rights of Americans who may get stopped by police while driving a vehicle rented by another person. That case is U.S. v. Terence Byrd (#16-1371).

The Fourth Amendment applies even to unauthorized rental car drivers, the Supreme Court rules.
On May 14, Supreme Court Justices released their decision in Byrd's case, announcing when the Fourth Amendment was applied to the evidence in the case that Terence Byrd had "reasonable expectation of privacy while driving a car rented by another party."

Pennsylvania state troopers had arrested Byrd with a large cache of heroin in a car rented by his girlfriend. Police told Byrd he had no right to refuse to consent to a search because Byrd's name was not on the rental agreement. Byrd copped to ten years in federal prison when a district court ruled earlier that Byrd had no expectations of privacy while driving an unauthorized rental car.

The thorny issues the justices had to untangle was whether a second party driver of a rental car like Byrd could legally refuse a police request to search the rental vehicle unless police had a warrant or probable cause, and further whether Byrd was still entitled to protection the under Fourth Amendment. In a unanimous decision, the justices rejected the government's argument that Byrd had no expectation of privacy because he wasn't listed as a second party driver.

"People who borrow rental cars from friends or family are legally entitled to the same protection against police searches as the authorized driver," wrote Justice Anthony Kennedy in the majority opinion. "There may be countless innocuous reasons why an authorized driver might get behind the wheel of a rental car and drive it."

Justice Anthony Kennedy wrote the majority opinion. (USSC)
White House Solicitor General Noel J. Francisco had urged the justices to hold Mr. Byrd to the terms of the rental agreement. "It is common knowledge that car rentals are a personal transaction that does not make the car available for general enjoyment and that the straw man car rentals disserve society by frustrating law enforcement efforts to prevent smuggling and other crimes," he argued.

What is unusual about the Supreme Court ruling in this case is the fact the high court affirmed the defendant's conviction but the justices sent back to the lower appellate court to address important issues as it relates to whether the defendant was entitled to expectation of privacy and not be subjected to "unreasonable search and seizures."

Here are the remanded issues the appeals court, the 3rd Circuit Court of Appeals in Philadelphia, must now consider

(1) Whether an individual "who intentionally uses a third party to obtain a rental car by a fraudulent scheme for the purpose of committing a crime lacks a reasonable expectation of privacy in the rental car driven by the defendant."

(2) Whether the officers had probable cause to search the rental car, and whether these or other issues warrant further remand to the District Court or such issues should be addressed by the court in the first instance.

(3) And if police had any other probable cause to stop Byrd other than the original traffic stop.

New York criminal defense attorney Robert M. Loeb, who argued Byrd's case before the high court, told Drug War Chronicle, "Now we must revisit the same issues that the District Court and the Third Circuit have already decided in favor of the government," he explained. "If the lower court reiterates that officers had probable cause to stop and search the car and seize the drugs under their probable cause theory," Byrd stays in prison," because then the Fourth Amendment doesn't protect him," Loeb explained.

David Rudovsky, a Penn State Professor and search and seizure expert, told the Chronicle, "As the court stated, there is no bright-line rule for second drivers; my view is that long as the driver is not a thief or carjacker, there is a good claim to an expectation of privacy."

The ACLU and the National Criminal Defense Lawyer Association filed a friend brief in Byrd's case, claiming the Supreme court's ruling would likely have an outsized effect on black and Hispanic drivers. "There is a commonly held misconception that car rental is a luxury reserved for the wealthiest individuals," the ACLU filing said. To prove their facts, the ACLU noted that a 2010 tax study found "that more car rentals occur at neighborhood locations than at airport locations."

Studies have shown that black drivers are more likely than white ones to be pulled over by the police and more likely to be searched during the stop.

On appeal to the Supreme Court, Byrd's attorneys had argued: "Whether he was on the car rental agreement was actually irrelevant to whether he had a reasonable expectation of privacy under the Fourth Amendment."

Byrd's attorney had also previously argued before the Third Circuit and the Supreme Court that "millions of car rentals take place annually in the United States." They insisted that if the government won, "Police would have an incentive to pull over a rental car driver who commits a traffic violation because police would know they could search the car if the driver wasn't listed on the rental agreement."

Suspicious Traffic Stop

Terence Byrd's journey to the nation's Supreme Court began on September 17, 2014, at a Budget car rental in Wayne, New Jersey. While Byrd waited outside, Latasha Reed, his girlfriend with whom he sired five children, went into Budget and signed an agreement to rent a new Ford Fusion. Reed's car rental agreement explicitly stated that additional drivers would only be allowed with "prior written consent." Reed did not add Byrd or any other drivers onto the rental agreement.

Driving a rental doesn't mean you give up your rights (Creative Commons)
Once a Budget employee finalized the paperwork, Reed gave the keys to Byrd, who began his trek toward Pittsburg, Pennsylvania. While driving near Harrisburg, Pennsylvania, Byrd came upon State Trooper David Long who later claimed he stopped Byrd for either driving too long in an illegal left lane or while Byrd gripped the steering wheel at the "10 and 2" position, which is known as a "hand play" that many drivers use while holding a vehicle's steering wheel in an unsafe manner, notwithstanding an additional fact that Byrd's driver's seat was too far back reclined!

After running Byrd's driver's license the trooper discovered Byrd had given an alias name of James Carter, and also under Byrd's real name, he had a New Jersey arrest warrant. Ignoring Byrd's right to refuse to consent to a search--officers later claimed Byrd consented to the search--the officers searched the vehicle's trunk and hit the jackpot: 49 bricks of heroin and a police vest. Officers arrested Byrd and subsequently charged him with possession/intent to sell heroin and possession of body armor by a felon.

At a suppression hearing on June 16, 2015, held before Judge Caldwell, State Trooper David Long reiterated the suspicious events that led him to pull Byrd over, which included the officer saying he was unable to see Byrd due to the reclined seat, the "10 and 2" driving position, and the traffic violation.

Byrd's attorney was incredulous: "So the only reason you pulled out to stop my client was the fact he was at "10 and 2" -- and you couldn't see him in the car because his driver's seat reclined too far back?" the lawyer asked. Trooper Long nodded affirmatively.

Byrd's lawyer also drilled the officer about the notion that Byrd's race may have played a role for the officer to stop him. Then, surprisingly, Trooper Long mentioned a third factor that triggered the stop. "In a rental vehicle, he said. "That's what drew my attention to it, yes."

This is when the vehicle rental contract collided with the Fourth Amendment, which forbids unreasonable search and seizure. Trooper Long said he explained to Byrd that he was free to search the car without Byrd's consent because Byrd's name wasn't on the car rental agreement.

After a federal judge refused to throw out the evidence, Byrd accepted a plea bargain for a 10-year prison sentence in exchange for the right to appeal the conviction based on the argument the search violated Fourth Amendment protections against unreasonable search and seizure.

Whether Byrd prevails at the lower court during a hearing scheduled either later in June or July remains to be seen. Meanwhile, Byrd and his attorneys await the outcome with bated breath. Hopefully, the Fourth Amendment wins again. Stay tuned -- we will keep you informed of the outcome.

Chronicle AM: Canada Legalizes Marijuana! (6/20/18)

Canada has become the second country to legalize marijuana after final votes in parliament Tuesday, the Supreme Court agrees to hear an Indiana asset forfeiture case, Eleanor Holmes Norton files a bill to allow marijuana in public housing in states where it's legal, and more.

Marijuana Policy

Eleanor Holmes Norton Files Bill to Allow Marijuana Use in Public Housing Where It's Legal. Rep. Eleanor Holmes Norton (D-DC) has filed a bill that would allow residents of public housing in states and localities where marijuana is legal to use it at home without fear of being evicted. Under Norton's bill, a person may not be denied federally-assisted housing for the use of marijuana in jurisdictions where medical or recreational marijuana has been legalized. Under Norton's bill, smoking marijuana would be treated the same as smoking tobacco in federally-assisted housing. The bill is not yet available on the congressional website.

Asset Forfeiture

Supreme Court Agrees to Hear Indiana Civil Asset Forfeiture Case. The US Supreme Court has agreed to hear the case of an Indiana man who used the proceeds of his father's life insurance policy to buy a $42,000 Land Rover only to have the vehicle seized after he was caught selling heroin with it. When authorities moved to forfeit the vehicle, Tyson Timbs challenged the action and won in the Grant Superior Court, with the judge finding the vehicle was purchased legally and that its forfeiture would be "grossly disproportionate" to Timb's offense. The Indiana Court of Appeals agreed, noting that the maximum fine for Timbs' offenses was only $10,000 and suggested the seizure amounted to an "excessive fine." The state Supreme Court then reversed, Timbs appealed, and here we are.

Reproductive Rights

Federal Appeals Court Panel Rejects Wisconsin Woman's "Cocaine Mom" Lawsuit. A three-judge panel on the US 7th Circuit of Appeals on Monday dismissed a lawsuit challenging Wisconsin's "cocaine mom" law, which permits the detention of pregnant women who are suspected of abusing drugs. The panel dismissed the case because the woman, Tammy Loetscher, had moved out of the state. A US district court judge last year found the law unconstitutional and issued an injunction barring it from being enforced, but the law has remained in force while the state appealed. The appeals court panel's ruling leaves the law in force for now. "Today's decision means that all women in Wisconsin have to worry that when they seek health care, if there's even a chance they might be pregnant, the state can take them into custody, lock them up in a drug treatment program, a mental hospital or a jail -- whether or not drug treatment is really needed," said Nancy Rosenbloom, director of legal advocacy for the National Advocates for Pregnant Women, which represented Loertscher.

International

Canada Legalizes Marijuana. With final votes in the House of Commons and Senate on Tuesday, the Canadian parliament has approved the marijuana legalization bill, C-45. The bill legalizes the possession of up to 30 grams in public and allows the cultivation of up to four plants per household. It will also allow for regulated and taxed marijuana businesses, with regulations of sales left to the provinces. Provincial and territorial governments need s few weeks to prepare for retail sales, so the actual rollout of legalization is expected to happen in mid-September.

Australia Festival Pill Testing a Success, Should Be Emulated, Report Finds. A study released Wednesday by the Safety and Testing Advisory Service at Festivals and Events finds that pill testing at the Groovin the Moo festival in Canberra in April was "an overwhelming success" and the federal government should take a leadership role in introducing a plan for broader pill testing. "The pilot demonstrated that such an intervention is possible and that people are willing to use the service, despite the limitations arising from the tight timelines, inauspicious physical infrastructure and the lack of dissemination strategies on-site during the festival," the report said. Less than half the drugs tested at the festival were relatively pure.

Chronicle AM: Bangladesh Drug War Killings Draw UN Rebuke, Fed Pot Busts Way Down, More... (6/6/18)

The president commutes the life sentence of a drug offender, Michigan voters will decide whether to legalize weed in November, the UN's human rights head criticizes Bangladeshi drug war killings, and more.

There has been less of this going on in recent years, the USSC reports. (dea.gov)
Marijuana Policy

Federal Marijuana Cases Are Way Down. Federal marijuana cases have declined by nearly half (45.8%) since fiscal year 2013, falling 25% between 2015 and 2016, according to a new report from the US Sentencing Commission (USSC). There were 3,854 federal marijuana cases in 2016, the USSC said. But 2016 was still the Obama administration; there are no figures yet on whether federal pot busts went up last year under the Trump administration.

Michigan GOP Punts on Pot Vote, Voters Will Decide at the Polls. Republican lawmakers did not take the opportunity to pass a marijuana legalization initiative by Tuesday night's legislative deadline, even though there had been serious discussion of doing so in a bid to depress voter turnout in November. Now, the measure will go directly to the voters.

Medical Marijuana

Colorado Governor Vetoes Medical Marijuana for Autism, Wants More Study. Gov. John Hickenlooper (D) on Tuesday vetoed House Bill 18-1263, which would have allowed people with autism spectrum disorders to qualify as medical marijuana patients. "While we are very sympathetic with families advocating medical marijuana (MMJ) as a safer and more effective treatment for their children, we cannot ignore such overwhelming concerns from the medical community," Hickenlooper said in the veto letter. He went on to say, "In vetoing this bill, we do so on sole concern that medical efficacy on MMJ to treat ASD has yet to be fully studied by medical professionals and scientific experts entrusted to this role at the Colorado Department of Public Health and Environment (CDPHE)." Hickenlooper then signed an executive order directing CDPHE to study the efficacy of medical marijuana for children with autism.

Florida Judge Halts State's Effort to Block Patients Smoking Their Medicine. A Leon County circuit court judge on Tuesday lifted an automatic stay on her ruling that the state's ban on patient access to the smokable form of medical marijuana is unconstitutional. The state has until Monday to begin moving to make smokable medical marijuana available to patients.

Hemp

US Senate Unanimously Approves Hemp Resolution. For the third year in a row, the Senate has approved a resolution recognizing "the growing economic potential of industrial hemp" as well as its "historical relevance." The resolution is non-binding, but Senate Majority Leader Mitch McConnell (R-KY) is pushing an actual hemp legalization bill this year. He has said he intends to attach it to the larger farm bill expected to soon be taken up by Congress.

Pardons and Commutations

Trump Commutes Life Sentence of Grandma Whose Cause Was Championed By Kim Kardashian. President Trump on Wednesday commuted the life sentence of Alice Marie Johnson, a 63-year-old grandmother who has already served 21 years of a life sentence for a first-time drug trafficking offense. The move came after reality TV star Kim Kardashian met with Trump to plead for Johnson's release.

International

UN Human Rights Head Says Bangladesh Drug War Killings Must Stop UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein on Wednesday condemned the extrajudicial killing of suspected drug offenders and urged Bangladeshi authorities to immediately halt such human rights violations and bring the perpetrators to justice. The death toll has now risen to at least 130 since the government's crackdown began on May 15. "I am gravely concerned that such a large number of people have been killed, and that the Government reaction has been to assure the public that none of these individuals were "innocent" but that mistakes can occur in an anti-narcotics drive,"High Commissioner Zeid said. "Such statements are dangerous and indicative of a total disregard for the rule of law. Every person has the right to life. People do not lose their human rights because they use or sell drugs. The presumption of innocence and the right to due process must be at the forefront of any efforts to tackle crimes." Meanwhile, some 175 non-governmental organizations have signed onto a petition from the International Drug Policy Consortium urging two other UN entities, the UN Office on Drugs and Crime (UNODC) and the International Narcotics Control Board (INCB) to condemn the killings.

 

Medical Marijuana Update

There is no joy in Idaho, a California bill to protect patients' employment rights advances, Utah Democrats endorse medical marijuana, and more.

Arkansas

Last Friday, justices agreed to expedite the medical marijuana licensing case. The state Supreme Court has agreed to speed up its review of a ruling that has blocked the issuance of the state's first medical marijuana grow licenses. Some 220 medical marijuana dispensary applications are also on hold, and the state argued before the court that getting the licenses rolled out is a matter of significant public interest.

California

Last Wednesday, a bill to protect patients' employment rights advanced. The Assembly Labor and Employment Committee voted last Wednesday to approve Assembly Bill 2069, which aims to end employment discrimination against medical marijuana patients by treating medical marijuana the same way current law treats prescription opioids and other drugs, by granting it "reasonable accommodation" under the state's Fair Employment and Housing Act. The bill now goes to the Assembly Appropriations Committee.

Idaho

On Sunday, medical marijuana petitioners gave up. There will be no medical marijuana initiative in Idaho this year. The head of the Idaho Medical Marijuana Association says she has stopped collecting signatures and dissolved the group to care for her ailing son. The group needed 36,000 signatures by Monday and wasn't close.

Missouri

Missouri House Passes Smokeless Medical Marijuana Bill. The House on Tuesday approved House Bill 1554, which would allow terminal patients and patients suffering from debilitating conditions to use a smokeless form of medical marijuana. The bill now heads to the Senate.

Utah

On Saturday, the state Democratic Party made support for medical marijuana a platform plank. At the state party convention last weekend, the Democratic Party added medical marijuana to the party platform. A ballot initiative to legalize medical marijuana is likely to be on the ballot in November.

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

Chronicle AM: Opioid Prescriptions Drop, Trump Repeats False Border Wall Claims, More... (4/20/18)

A California marijuana banking bill advances, a Colorado marijuana deliveries bill dies, opioid prescriptions are declining, Trump repeats false claims about the border wall and drug smuggling, and more.

opioid prescriptions go down, down, down (IQVIA Institute)
Marijuana Policy

California Bill to Create Marijuana Banks Wins Committee Vote. A bill that would license special banks to handle billions of dollars from the legal marijuana market was approved by the Senate Banking and Financial Institutions Committee on a 7-0 vote Wednesday. The measure, Senate Bill 930, now heads to the Senate Government and Finance Committee. Companion legislation has been filed in the Assembly.

Colorado Marijuana Delivery Bill Killed. A bill that would have allowed pot shops to make deliveries got through the House only to die in a Senate committee Wednesday. House Bill 1092 was killed by a 3-2 vote of the Senate Judiciary Committee.

Ohio Attorney General Rejects Legalization Amendment Petition. State Attorney General Mike DeWine (R) rejected a petition for a proposed marijuana legalization amendment Thursday. DeWine wrote that he rejected the petition because its summary language did not match the actual amendment language. Campaign organizers can refile the petition if they wish.

Heroin and Prescription Opioids

Opioid Prescriptions Dropped In Every State Last Year. The number of opiod painkiller prescriptions dropped 10.2% in 2017, according to a new report from the ICVIA Institute, which collects data on pharmaceutical prescriptions from retail pharmacies. The number of high-potency opioid prescriptions declined even more, by 16.1% And using a measure called the morphine milligram equivalent saw a 12% decrease, the largest in a quarter century. "We're seeing declines across every state," said Murray Aitken, executive director of the IQVIA Institute. "The states that have the highest per capita consumption are also the states with the highest decline."

Drug Testing

Massachusetts High Court Rules Against State in PrisonVisitor Drug Dog Policy Fight. The state Supreme Judicial Court ruled Thursday that the Department of Corrections exceeded its authority when it started using drug dogs to search prison visitors without giving the public a chance to weigh in. The court held that the department should have followed a regulatory process that allows interested parties an opportunity to present their views. Still, the court is allowing the department to continue the drug dog searches while it follows the proper regulatory process.

Harm Reduction

Missouri Safe Injection Site Bill Filed. St. Louis state Rep. Karla May (D) has filed House Bill 2367, which "authorizes local health departments and community-based organizations to establish Safe Consumption Facilities." It is aimed at reducing overdoses and infectious diseases linked to injection drug use.

The Border

Trump Again Falsely Claims Border Wall Needed to Stop Drug Smuggling. The president is at it again: On Thursday, President Trump traveled to the Florida Keys to be briefed by the Joint Interagency Task Force South and said he received "a great education" about drugs flowing into the country, but then proceeded to make the errant claim that a border wall is needed to stop the flow of drugs. "Drugs are flowing into our country," Trump said. "We need border protection. We need the wall. We have to have the wall." But border experts, drug experts, and even the DEA all agree that the vast majority of drugs smuggled from Mexico go through ports of entry, not through the vast and barren unfenced expanses of the border.

International

Indonesia's New Anti-Drug Head Signals Softer Approach. New anti-drug chief Heru Winarko called Wednesday for an expansion of drug treatment centers in the country, signaling a new approach to the war on drugs there. Police would maintain their "stern" approach to drug traffickers and their "shoot to kill" policy toward armed suspects resisting arrest, he said, but added that Indonesia would not mimic the bloody drug policies of the neighboring Philippines under President Rodrigo Duterte.

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

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

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

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

Medical Marijuana

 

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

International

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

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

Medical Marijuana Update

Medical marijuana foes in Arizona take aim at pot doctors, a Michigan judge strikes down Detroit's medical marijuana initiative, Ohio's medical marijuana rollout hits a bump, and more.

Arizona

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

Michigan

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

Ohio

On Tuesday, a lawsuit challenged the grow license process. A lawsuit filed by would-be medical marijuana grow operators who weren't picked for the large grow licenses issued by the state Department of Commerce threatens to disrupt the rollout of the program. The growers are suing the department, the officials involved in grading application, and all the businesses that won licenses. They charge they weren't treated fairly in the licensing process.

West Virginia

On Tuesday, state regulators will recommend allowing smokeable medical marijuana. The state medical marijuana board announced that it plans to recommend to lawmakers that some patients be allowed to use marijuana in a smokeable form. The board will also recommend removing or increasing the cap on the number of growers, processors, and dispensaries in the state and allowing one company to take on more than one of those roles.

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

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

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

Marijuana Policy

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

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

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

Medical Marijuana

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

Industrial Hemp

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

Drug Testing

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

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

Drug Treatment

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

Heroin and Prescription Opioids

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

International

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

Medical Marijuana Update

The VA rejects pleas to study marijuana for PTSD, Illinois gets a couple of court rulings, a full-fledged medical marijuana bill is filed in Kentucky, and more.

National

On Tuesday, news came that the VA won't study marijuana's effects on PTSD. The Department of Veterans Affairs will not begin a study into marijuana's effects on PTSD despite pleas from congressman, veterans, and the nation's largest veterans' service organization. The news came in a letter to House Democrats from VA Secretary David Shulkin. The letter was actually written in late December, but only released Tuesday. "VA is committed to research and developing effective ways to help veterans cope with post-traumatic stress disorder and chronic pain conditions," Shulkin wrote. "However, federal law restricts VA's ability to conduct research involving medical marijuana, or to refer veterans to such research projects." The letter said a review of existing research found a link between marijuana use and increased risk of suicide, as well as mania and psychotic symptoms, a response Rep. Tim Walz (D-MN), a signer of the letter, called "disappointing" and "unacceptable."

Illinois

Last Wednesday, the parents of a sick child sued over medical marijuana access at school. The parents of an 11-year-old suffering from leukemia have sued the state and a suburban Chicago school district over a state law that bars her from taking her medicine at school. The medical marijuana law the state passed in 2014 prohibits the possession or use of marijuana on public school property. The family argues that provision of the law denies their child due process and violates the Individuals with Disabilities Education Act and the Americans with Disabilities Act. The school district involved is School District 54 in Schaumburg.

Last Friday, a federal judge okayed medical marijuana use at school for the sick girl. Two days after her parents filed a lawsuit against a school district and the state of Illinois over her school's refusal to allow her to use her medicine on school grounds, a federal judge ruled in her favor. The quick move came after the judge heard from the school district, which had concerns its employees could be subject to legal penalties for helping the 11-year-old. Lawyers for the state and the school district will meet with the judge next week to come up with a long-term solution.

On Tuesday, a state judge ordered the state to add intractable pain as a qualifying condition. Cook County Judge Raymond Mitchell has ordered the Department of Public Health to add intractable pain as qualifying condition for medical marijuana use. The decision comes after the department declined to add it, and the department says it will appeal the ruling. The state Medical Cannabis Advisory Board had recommended added the condition in January 2016, but the health department demurred, saying there was "a lack of high quality data" from clinical trials to establish that the benefits outweighed the risks.

Indiana

As of last Friday, the state saw a bevy of CBD bills, but only a restrictive one was set for a hearing. Responding to an attorney general's opinion last November that restricted the use of CBD to epileptics on a state registry, lawmakers have filed a number of bills to ease access to the substance, but the only one yet set for a hearing, Senate Bill 294, would actually make access even more restrictive. That bill, filed by Sen. Michael Young (R-Indianapolis), would mandate bar-coded cards for people on the registry and limit sales to card holders.

Kentucky

On Tuesday, a medical marijuana bill was filed. Secretary of State Allison Grimes announced that a bill to legalize medical marijuana in the state, House Bill 166, has been filed. The bill would allow people suffering from a qualifying list of conditions to use medical marijuana. It would also allow patients to grow up to 12 plants in a locked and closed facility.

Maryland

On Monday, the General Assembly took up racial justice in the marijuana industry. The General Assembly ran into controversy Monday as it took up the contentious issue of including marijuana companies led by African-Americans in the state's nascent medical marijuana industry. Under a compromise negotiated by legislative and industry leaders since last spring, the state would create five new growing licenses but also put a moratorium on further industry expansion for up to 10 years. But lawmakers worried that regulators could move fast enough to get minority firms off the ground and competitive with current growers. Another issue of concern was whether the 10-year moratorium gave too much protection to current growers. The Senate will hold a hearing on the proposal next week.

North Dakota

Last Thursday, the state set medical marijuana dispensary regions. The state Department of Health has established eight regions for where dispensaries can be located. State law allows for up to eight dispensaries, with more to be added if necessary. As of now, the eight regions include the state's largest cities and a 50-mile radius around them.

Pennsylvania

Last Friday, the state backed away from going after medical marijuana patients' guns. The state Health Department announced it will no longer provide the names of medical marijuana patients to law enforcement agencies. The move came after newspapers in the state reported that patients would not be able to buy firearms. Under state regulations, the department was required to post a database of patient names to an online portal accessed by law enforcement, but providing that information would have stopped a patient from buying a gun under federal gun control laws.

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

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