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Chronicle AM: SITSA Act Draws Opposition, Congress MedMJ Protections Advance, More... (6/15/18)

The Justice Department is once again likely to be barred from using its funds to go after state-legal medical marijuana, a broad coalition opposes the fast-moving SITSA Act, Portugal's parliament approves medical marijuana products, and more.

Congress is moving once again to bar the Justice Department from spending funds to go after state-legal medical marijuana.
Medical Marijuana

Senate Panel Approves Medical Marijuana Protections. The Senate Appropriations Committee on Thursday approved an amendment that shields legal medical marijuana operations from federal interference. The amendment to the Justice Department appropriations bill bars the department from using its funds to go after state-legal medical marijuana. A similar measure was approved in the House version of the bill.

Maine Supreme Court Rules Workmen's Compensation Doesn't Cover Medical Marijuana. In a ruling Thursday, the state Supreme Court held that employers do not have to pay for medical marijuana under the state's workers' compensation system. In a 5-2 ruling, the court held that federal law takes precedence and that making employers pay for medical marijuana would force them to violate federal law.

Drug Policy

Broad Coalition Opposes SITSA Act. A coalition of human rights, civil liberties, civil rights, religious, and drug policy reform groups have come out strongly in opposition to HR 2851, the Stop Importation and Trafficking of Synthetic Analogues (SITSA) Act of 2017. The fast-moving bill has already passed out of committee and awaits a House floor vote. The bill is an old-school drug war response to new psychoactive substances that relies heavily on the criminal justice system. "If passed, HR 2851 will broadly expand penalties for drug offenses, concentrate power within the Department of Justice, punish people who lack criminal intent, and overcriminalize certain behavior," the groups said in a letter released on Thursday. "The legislation attempts to address the very real problem of synthetic opioid overdoses in the United States, but we believe that its methods are misguided. Instead of punishing people who use drugs and low-level dealers, legislation should focus on expanding treatment opportunities and targeting the international drug trade."

Sentencing

Rhode Island House Passes Law Lengthening Prison Sentences for Dealers Who Sold Drugs in Fatal Overdoses. The House on Thursday approved "Kristen's Law," House Bill 7715, which creates a new crime of drug-related homicide and imposes penalties of up to life in prison for people who sell drugs linked to fatal drug overdoses. The bill now heads to the Senate.

International

Portugal Parliament Approves Marijuana-Based Medicines. The parliament on Friday overwhelmingly approved a bill to allow marijuana-based medicines, but only after earlier rejecting a proposal to allow patients to grow their own medicine. While Portugal decriminalized drug possession in 2001, it has lagged behind the US and other European countries when it comes to medical marijuana. The bill now goes to President Marcelo Rebelo de Souza to be signed into law.

Chronicle AM: No Home Grow for NH This Year, Australia Welfare Drug Test Plan, More... (5/8/17)

A new report finds legal marijuana makes a marginal contribution to state budgets, a major Las Vegas casino quits pre-employment testing for marijuana, an Australian Senate panel advances a controversial plan to drug test welfare recipients, and more.

A major Las Vegas strip casino gives up on pre-employment screening for marijuana. (Creative Commons)
Marijuana Policy

Report: Legal Marijuana Boostz Government Revenues, Somewhat. A new report from Moody's Investor Service finds that legalizing and taxing marijuana boost revenues, but not dramatically. In Colorado, the report found, marijuana taxes accounted for 2% of the state budget; in Washington state, 1.2%.

No Home Cultivation for New Hampshire This Year. Legal home cultivation is dead in the Granite State this year after the Senate refused to advance a bill approved by the House. The measure, House Bill 1476, would have allowed residents to grow two mature and 12 seedlings. The Senate Health and Human Services Committee voted to refer the bill to "interim study," where bills simply expire at the end of the session.

Major Las Vegas Casino Gives Up on Pre-Employment Marijuana Screening. In another sign of decreasing resort to drug testing for marijuana in a time of spreading legalization and low unemployment, Caesars Entertainment Group announced Monday that it has ended pre-employment drug testing for pot. "A number of states have changed their laws and we felt we might be missing some good candidates because of the marijuana issue and we felt that pre-screening for marijuana was on the whole, counterproductive," said Rich Broome, executive vice president of corporate communications and community affairs for Caesars. "If somebody is believed to be using or high at work, then we would continue to screen for marijuana and other drugs."

Medical Marijuana

Arkansas Supreme Court to Hear Oral Arguments on Licensing Imbroglio. The state Supreme Court agreed Monday to hear oral arguments on a judge's decision to prevent the state from licensing medical marijuana cultivation operators. The judge had ruled that the licensing program violated the voter-approved constitutional amendment that legalized medical marijuana after a complaint from a business that failed to get a license.

Georgia Governor Signs Bill Allowing CBD Cannabis Oil for PTSD, Intractable Pain. Gov. Nathan Deal (R) on Monday signed into law House Bill 65, which adds PTSD and intractable pain to the list of qualifying conditions that can be treated by CBD cannabis oil.

International

Australian Senate Committee Endorses Plans to Drug Test Welfare Recipients. The Australian federal government's Senate Community Affairs Legislation Committee issued a report Monday recommending passage of the government's highly controversial plan to impose drug testing on welfare recipients. The bill would create a trial program under which some 5,000 welfare recipients would face mandatory testing. People who test positive would be placed on "income management" for two years, while those who test positive twice within two years could be forced to undergo drug treatment. The plan has been condemned by medical and social welfare organizations, including the Australian Medical Association, which expressed "significant concern" about the plan. "Elements of the proposal are unnecessarily punitive and will increase stigmatisation among the most disadvantaged in the community," the AMA said.

Chronicle AM: Workplace Drug Testing for Marijuana Begins to Fade, NYC Safer Injection Site Rally, More... (5/3/18)

Pre-employment workplace drug testing for marijuana appears to be going out of style, a federal appeals court disappoints on scheduling cannabinoids, a Vermont saliva drug testing bill is killed, and more.

NYC protesters demand Mayor De Blasio move on a long-delayed safe injection site report. (Drug Policy Alliance)
Marijuana Policy

Clock Ticking on Connecticut Marijuana Legalization Study Bill. With the state's legislative session set to end next Wednesday, time is running out for House Bill 5394, which directs state agencies to develop a plan to legalize and regulate marijuana sales. The bill has passed out of the Appropriations Committee and awaits a House floor vote. Activists are urging state residents to contact their legislators this week to prod them.

Medical Marijuana

Federal Appeals Court Upholds DEA Rule on Marijuana Extracts. A three-judge panel on the US 9th Circuit Court of Appeals has upheld a DEA rule stating that marijuana extracts, including non-psychoactive CBD, are Schedule I substances. The Hemp Industries Association and others had challenged the rule, arguing that DEA overstepped its bounds by scheduling substances, such as cannabinoids, that were not classified as illicit under the Controlled Substances Act.

Louisiana Medical Marijuana Expansion Bill Advances. A bill that would allow the use of medical marijuana for children with severe autism has passed the House and, now, a vote in the Senate Health and Welfare Committee. House Bill 627 now heads for a Senate floor vote.

Heroin and Prescription Opioids

Iowa Legislature Approves Prescription Monitoring Bill. The House on Wednesday gave final approval to the legislature's policy response to the opioid crisis, passing a bill that will require doctors to register prescriptions with the state's drug monitoring program within 24 hours. The bill now goes to the governor's desk.

Drug Testing

Employment Drug Testing for Marijuana Going Out of Favor. The Associated Press is reporting that numerous employers are "dropping marijuana from the drug tests they require of prospective employees." Testing for pot excludes too many potential workers, employers told the AP. Companies in labor-intensive industries -- hoteliers and home health care providers and employers with many warehouse and assembly jobs -- are most likely to drop marijuana testing. By contrast, businesses that contract with the government or that are in regulated industries, like air travel, or that have safety concerns involving machinery, are continuing marijuana tests, employment lawyers said.

Vermont Saliva Drug Testing Bill Dies. A bill that would have allowed police to obtain saliva for testing from motorists suspected of drugged driving is dead for the year. House Bill 237 had passed the House with law enforcement support, but was killed on a 4-1 vote in the Senate Judiciary Committee Wednesday. Both the Vermont ACLU and the state's Defender General Office had threatened legal action if it became law.

Harm Reduction

NYC Council Member Arrested in Protest Calling for Action on Safer Injection Sites. Dozens of community activists, social advocates, and elected political figures rallied outside New York City's City Hall Wednesday to demand the long-delayed release of a feasibility study on safe injection sites in the city. As many as a dozen people were arrested for obstructing traffic, including NYC Council Member Stephen Levine.

Chronicle AM: Another Record Pot Poll, Brit Docs Call for Drug Legalization, More... (4/30/18)

A new Quinnipiac poll has the highest support yet for marijuana legaization, Maine's Tea Party governor again vetoes a legalization implementation bill, cartel murders spark a mass demonstration in Mexico, the British Royal College of Physicians calls for drug legalization, and more.

Marijuana Policy

New Quinnipiac Poll Has Support for Legalization Surging. Support for marijuana legalization has hit a new high in the latest Quinnipiac poll, released last Thursday. Pollsters found that 63% support federally legalizing marijuana, the highest number yet for this poll and in line with other recent polls showing support above 60%. "Voters are more favorable to legalizing marijuana than in any previous Quinnipiac survey," said Peter A. Brown, assistant director of the poll.

California Marijuana Banking Bill Advances. A bill that would make it easier for state marijuana businesses to use financial services has been approved by a second Senate committee. Senate Bill 930 would create a special class of state-chartered banks and credit unions that could process transactions from legal marijuana businesses. The bill won the approval of the Senate Banking and Financial Institutions Committee last week and now heads for an Appropriations Committee vote. A favorable vote there would take the bill to the Senate floor.

Illinois Bill to Expunge Old Possession Convictions Advances. A bill that would allow people convicted of possessing small amounts of marijuana or paraphernalia to expunge their criminal records has been approved by the House Restorative Justice Committee. House Bill 2367 now heads to the House Rules Committee.

Maine Governor Vetoes Marijuana Legalization Implementation Bill. Tea Party Gov. Paul LePage has for the second time vetoed a measure aimed at implementing the state's voter-approved law allowing for legal marijuana commerce. The veto came last Friday, with LePage complaining that he didn't want separate medical marijuana and recreational marijuana programs and worrying about highway safety. The bill passed both houses by veto-proof margins, but LePage's veto could erode GOP support, allowing the veto to stand. Stay tuned.

Vermont Effort to Revive Marijuana Legalization Bill Fails. A last-minute push to resurrect the state's marijuana legalization bill emerged last Thursday, but fizzled out on Friday. The end came when the House's Democratic leadership decided it had other, more important, priorities for the last days of the legislative session.

Seattle Moves to Vacate Past Misdemeanor Marijuana Convictions. The city of Seattle has filed a motion in municipal court to vacate all past misdemeanor marijuana convictions in the city. The motion would affect some 542 people. The city is also requesting the dismissal of all outstanding misdemeanor marijuana charges.

Medical Marijuana

Arkansas Justices to Expedite Medical-Marijuana 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 Bill to Protect Patients' Employment Rights Advances. 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 Medical Marijuana Petitioners Give 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.Utah Democrats Make Support for Medical Marijuana a Platform Plank. At the state party convention Saturday, 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.

Heroin and Prescription Opioids

Charleston, West Virginia, Gives Up on Needle Exchanges. Even though West Virginia is the epicenter of the American opioid crisis, Charleston has shut down the city's needle exchange program, at least for now. City officials called the program a "mini-mall for junkies and drug dealers," and the chief of police imposed onerous restrictions on it, prompting Health Department officials to suspend the program rather than comply with them. The city's move is suggestive of the problems needle exchanges have in winning public acceptance, particularly in the smaller cities of the interior, where they are a relatively new phenomenon.

Drug Testing

Federal Judge Throws Out DC Random Drug Screening of Teachers. A federal district court judge ruled last Thursday that the District of Columbia's random drug screening policy violates the Fourth Amendment rights of teachers. The language mandating drug testing was rooted in a 2004 law that was largely neglected until 2013, when DC school officials issued a memorandum saying the facilities would be subject to the rule. A private school, two teachers, and a private school advocacy group sued the city. Now, they've won.

International

Zimbabwe Legalizes Medical Marijuana. The African country has approved the production and cultivation of marijuana for medicinal and research purposes. The health ministry issued an order saying individuals and companies can apply for licenses.

Mexico Cartel Murder of Three Students Results in Massive Peace Demonstration. More than 10,000 people took to the streets of Mexico's second largest city, Guadalajara, last Thursday to call for peace and demand justice for three film students who were kidnapped and murdered by members of the Jalisco New Generation Cartel. "The absurd war on drugs is taking our classmates and we will not allow it anymore,"said Jesus Medina, a student leader from the University of Guadalajara.

British Royal College of Physicians Calls for Drug Legalization. The Royal College of Physicians, representing some 26,000 British doctors, has called for the legalization of both soft and hard drugs, saying the criminal justice system fails to serve the interests of addicts. Instead of arresting drug users, they should be given "timely" care and support, the group said. "The criminal justice system is not the place to address the often complex needs of people addicted to drugs," said Jane Dacre, president of the RCP. "We are committed to ensuring that all people who need to do so are able to access timely and appropriate prevention and care services." The RCP adopted the policy at meeting of its general council.

Four Ways Using Even Legal Marijuana Makes You a Second Class Citizen [FEATURE]

Marijuana is now legal in nine states constituting about one-fifth of the US population, and medical marijuana is recognized in a total of 29 states. That means people in those states can possess and use marijuana without fear of criminal prosecutions (if they have a doctor's recommendation in the medical marijuana-only states).

people enjoying marijuana (Darrin Frisby Harris/Drug Policy Alliance)
But even in legal marijuana states, pot smokers face restrictions that in effect turn them into second-class citizens, unable to do things non-drug users or users of legally sanctioned drugs, such as alcohol, can do, or somehow punished for doing them. While legalizing marijuana is a giant breakthrough, as long as marijuana users face stigma, discrimination, and worse over their choice of substances, the job is only half-done.

Here are four ways even legal marijuana users get screwed:

1. Employment Rights

You may be able to smoke pot legally, but it can still cost you your job. Even in legal marijuana states, legalization laws generally are careful not to intrude on the rights of employers to conduct drug testing for pot and to fire people who test positive -- even if they're not high or impaired at work.

Legal cases in California, Colorado, Montana, and Washington have all upheld the right of employers to fire or refuse to hire workers who test positive for marijuana even if they have a medical marijuana recommendation. But the law is rapidly evolving, and a recent case from Connecticut, a nursing home that refused to hire a medical marijuana patient after he tested positive for THC was ordered to reinstate the job offer.

A thriving economy and growing social acceptance of marijuana may also bring some solace to pot smokers. As Bloomberg noted just last month, we are now seeing a "slow decline in pre-employment drug screening," with some major employers abandoning the practice in the face of a tight job market. That trend, unsurprisingly, is being led by companies in the marijuana legal states. In Colorado, for instance, the percentage of employers using pre-employment drug tests declined from 77% in 2016 to 66% last year.

But still, if you smoked a joint on Friday night, Walmart still doesn't think you're fit to stock their shelves on Monday morning.

2. Gun Rights

If you smoke pot, you can't legally purchase or own a gun. As more states move toward legalization, the Bureau of Alcohol, Tobacco & Firearms (ATF) has clarified its Form 4473, the federal Firearms Transaction Record that purchaser must fill out to buy a gun: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" the form asks.

And just so you stoners get it, ATF has added the following language: "Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

That means marijuana users who want to legally purchase a weapon have to lie on Form 4473. And that's a federal crime. (Unlikely to be caught and prosecuted, but still.)

In August 2016, a federal appeals court upheld the ban on gun sales to medical marijuana patients. The 9th US Circuit Court of Appeals in San Francisco ruled that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.

There have been proactive efforts by law enforcement in a handful of states to, for example, order registered medical marijuana patients to turn in their guns, but those have so far been aborted in the face of loud opposition. In Pennsylvania, the state Health Department is no longer providing the names of patients to law enforcement after newspapers there reported the patients would not be able to buy firearms; in Illinois, regulators removed a rule that would have barred legal gun owners from becoming patients; and in Hawaii, police had to walk back a plan to force patients to hand in their guns.

Still, as long as the federal government maintains marijuana prohibition and as long as ATF considers marijuana a controlled substance, pot smokers' gun rights are at risk. And the NRA doesn't seem to care.

3. Parental Rights

In both medical marijuana states and full-blown legal pot states, parents have lost custody of their children over their marijuana use. Part of the problem is that marijuana remains federally illegal, turning the pot-using parent into a criminal in the eyes of courts of child protective services workers. Another part of the problem is discrimination and subjectivity about what constitutes "the best interest of the child." If a child protective bureaucracy or even an individual case worker harbors anti-marijuana sentiments, even non-problematic recreational use of pot can be used to take children from the home or deny custody to the offending parent.

Marijuana use is especially likely to pop up in divorces where custody of the child or children is contested. If your spouse griped about your pot-smoking while you were married, be prepared for him or her to try to use it against you in a nasty divorce case. Divorce attorneys warn parents facing this prospect to quit smoking pot now, well ahead of any court dates and court-ordered drug tests.

That's another way pot-smoking parents get hammered. Courts may demand onerous drug testing for months or year or require that visits with children be supervised.

Medical marijuana support groups report hundreds of cases of parents losing custody of their kids, some merely for having registered as medical marijuana patients. But there are small signs of positive change on the horizon: California's Prop 64, for instance, includes a provision saying courts can no longer rescind or restrict a parent's custodial rights solely because they have a medical marijuana recommendation.

That's a start, but we still have a long way to go before pot-smoking parents can rest easy.

4. Housing Rights

You can be kicked out of your home for using marijuana if you are poor and live in HUD, Section 8, or other federally-subsidized housing. Under a 1999 HUD Memorandum Regarding Medical Marijuana in Public Housing still in effect, any activity relating to controlled substances, including even medical marijuana, can get you evicted.

And it doesn't have to be just you. If you live in federally-subsidized housing and your grandson gets caught smoking a joint in the parking lot, you can find yourself tossed out on the street.

Even people who don't live in federally-subsidized housing face problems, especially if they live in rental housing. Landlords can prohibit tenants from using marijuana, and rental apartment industry associations typically counsel their members that "banning the use or possession of marijuana on site does not violate any landlord/tenant or fair housing laws, even when marijuana has been legalized by local ordinance or state statute." Nor, they argue, is allowing the use or cultivation of medical marijuana a "reasonable accommodation" required by law, even if it's been medically recommended.

Marijuana is increasingly legal and accepted, but the progress is uneven, and the battle to be treated like normal citizens remains unfinished.

Seven Occupations That Don't Require You to Take a Drug Test to Get Hired [FEATURE]

Widespread workplace drug testing -- a uniquely American phenomenon -- has generated controversy ever since Ronald Reagan pushed hard for it back in the 1980s. On the one hand, opponents see it as an invasion of workers' privacy protections; on the other, advocates believe it is the best means of preventing injuries that might occur when a worker is intoxicated.

Although workplace drug testing was rare prior to Reagan, 56% of all employers now require pre-employment drug tests, according to Statistic Brain. Some of this is mandated by law: Truck drivers, airline pilots and some other public transport positions face federal drug-testing requirements. But much pre-employment drug testing and random, suspicionless drug testing is not required by law; it is instead the employers' choice.

High levels of drug testing are to be found in industries such as health care, heavy manufacturing and construction, where being impaired on the job can lead to loss of life or limb or endanger the health and well-being of others. But drug testing is also popular in industries with no such apparent risk, such as retail. Whether that guy at the camera counter at Walmart smoked a joint over the weekend probably has no discernible impact on public safety.

Speaking of smoking joints, marijuana is by far the most commonly used illicit drug (though it's now legal in nine states). Positive workplace drug tests for marijuana are on the rise, reflecting broader popular acceptance of the drug, which is also leading some companies to quit testing for pot. In a low unemployment economy, employers may be increasingly reluctant to lose potential workers over a positive test for marijuana.

And some potential workers are reluctant to seek employment at places that are going to subject them to drug testing. Fortunately for them, there are some economic sectors where facing a pre-employment or random at-work drug test is not a real risk -- in fact, it's a rarity. But most of these jobs require a university degree. Like so many things in America, drug testing is a class thing.

That said, if you want to work in a field where you don't have to worry about peeing in a bottle to get or keep a job, here, thanks to Insider Monkey, are some options.

1. Management Positions

These relatively well-paying professional gigs tend to have drug testing levels approaching absolute zero. On the high end, if you can call it that, were general managers (1.8%) and project managers (1.6%), but office managers, business managers, and retail managers all came in under 1%, with event managers besting them all at a minuscule 0.01%. Average pay for these positions ranged from the mid-40s for retail and office managers to more than $70,000 for project managers. Ironically, the administrative assistant position, which can be an excellent entry-level job for people seeking careers as managers, is more likely to be subject to drug testing than any managerial position. Still, it's only 1.9% of administrative assistants.

2. Personal Services

You're not going to get rich in these jobs, but you're not likely to get drug tested, either. Because of the transient nature of jobs in these careers or because many people in these fields are self-employed, gig economy workers just don't get that drug test scrutiny. Cosmetologists, hairstylists and fitness trainers all face testing less than 1% of the time, while pet groomers and massage therapists come in under 3%. These jobs have median pay ranging from around $25,000 to $30,000.

3. Information Technology

These are the fields that are stereotypically the domain of the nerdy stoner. You wouldn't expect employers in the industry to turn down a budding genius because he gets high at home, and you would be right. Only 3% of web designers and IT consultants face the empty cup, and fewer than 3% of Java developers and front-end developers do. While not quite as drug testing-free as cosmetologists or pet groomers, IT workers make a lot more money. On the low end, web designers are pulling in a median $48,000, while pay is around $70,000 for the other positions listed.

4. Marketing

Those bright, shiny people trying to make us buy stuff are also largely exempt from drug testing, especially on the bottom rungs. Only 0.3% of marketing assistants are subject to pre-employment drug screens, and only 3.8% of marketing coordinators. The former positions average $36,000 a year, while the latter average $41,500.

5. Real Estate, Insurance and Financial Services

These white-collar jobs are all unlikely to see drug testing requirements. Fewer than 3% of loan processors and insurance agents face the prospect of peeing in a cup to win a job, while a minuscule 0.5% of real estate agents do. Real estate agents are also the highest paid in this group, averaging $47,000, while both loan processors and insurance agents come in at under $40,000.

6. Bartender

People whose job it is to mix and sell legal psychoactive substances are very unlikely to be tested for illegal ones. With only 3.2% of employers demanding pre-employment drug tests, bartenders are the least likely of restaurant and bar workers to be tested. Chefs face testing at a rate of 6.2%, while 4% of hostesses are likely to face it. The median salary for bartenders is $29,240.

7. Creative White Collar

Neither graphic designers nor copywriters are likely to face a pre-employment drug test. A big reason is that many of these are freelance gigs: No boss = no drug test. But even when working for employers, drug testing is unlikely in these fields. Copywriters came in at 3.2%, while graphic designers were at 3.9%.

Chronicle AM: No Legal Pot Sales Init for DC, DPA Drug Decrim Portugal Trip Coming, More... (3/8/18)

DC can't have pot shops, California pot shops better get a license, Democratic contenders for statewide office in the Midwest are hopping on the marijuana bandwagon, a Brazilian prosecutor's attempt to go after a prominent marijuana scientist for "inciting drug crime" is creating a backlash, and more.

A move to let DC residents vote on allowing legal marijuana sales just hit a major roadblock. (Wikimedia)
Marijuana Policy

California Regulator Warns 900 Unlicensed Pot Shops to Get Licenses. Lori Ajax, head of the state Bureau of Cannabis Control, has sent warning letters to some 900 pot shops suspected of operating without state licenses. Violations of state law could result in criminal, civil, or administrative penalties. She also sent a cease-and-desist notice to the marijuana-location service Weedmaps telling it to stop accepting advertising from sellers that lack a permit. "Your website contains advertisements from persons offering cannabis and cannabis products for sale that are not licensed to conduct commercial cannabis activity; therefore, you are aiding and abetting in violations of state cannabis laws," Ajax wrote.

District of Columbia Blocks Local Legal Marijuana Sales Initiative. The DC Board of Elections on Wednesday disallowed a proposed voter initiative that would have legalized marijuana sales and directed 40% of resulting tax revenues to black residents. The board said allowing the initiative on the ballot would violate city law, as well as a congressional ban on taking any additional steps to lower marijuana penalties. DC law does not allow initiatives to appropriate funds, and Congress acted in 2014 to bar the city from taking any additional steps to legalize or regulate marijuana. Voters approved the legalization of possession and personal cultivation in 2014. 

Michigan's Democratic Attorney General Contenders Both Say Legalize It. Pat Miles, a former federal prosecutor seeking the Democratic Party nomination for attorney general, has announced he now supports marijuana legalization: "After careful consideration, and dialogue with activists and voters across the state, I've decided to take a stronger stance on marijuana legalization," he said. "While I've said so far that this issue is up to the voters of Michigan, which it most certainly is, I've reviewed the language of the ballot initiative to regulate marijuana like alcohol, and find it to be very thoughtful and well-written, and I support it." His main rival for the Democratic nomination, lawyer and former Wayne County assistant prosecutor Dana Nessel, already supported the legalization and regulation of marijuana.

Ohio Democratic Gubernatorial Contender Kucinich Says Legalize It. Former Cleveland mayor and US representative Dennis Kucinich, who is seeking the Democratic gubernatorial nomination, unveiled a sweeping plan to legalize marijuana on Wednesday. He called for full legalization for adults, as well as allowing medical marijuana patients to grow their own, and legalizing the production of industrial hemp. Kucinich's main contender in the race, Richard Cordray, has said legalization should be left up to the voters, while two other leading candidates, former state Supreme Court Justice Bill O'Neill and State Sen. Joe Schiavioni, both also support legalization.

Medical Marijuana

Kentucky Medical Marijuana Bill Dies. Hopes for medical marijuana this legislative session were dashed Wednesday as the House Judiciary Committee voted 14-4 to "pass over" House Bill 166. That means the bill will not be voted on until some unspecified later date, but is typically a maneuver to bury bills for the rest of the session.

Maryland House Approves Adding More Grower, Processor Licenses. The House of Delegates on Thursday approved 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 now heads to the Senate.

Heroin and Prescription Opioids

West Virginia Legislature Kills Plan to Make Firms Report Opioid Sales. The House on Wednesday killed an amendment to an opioid bill that would have required pharmaceutical manufacturers and distributors to report the number of prescription pain relievers they shipped into the state. The amendment was offered to Senate Bill 273, which aims to curb the number of opioids prescribed in the state. That bill now awaits a final House floor vote.

Drug Testing

Rasmussen Poll Has Majority Support for Pre-Employment Drug Tests. A new Rasmussen Reports poll has 61% of respondents agreeing that drug testing should be required for applicants for all or most jobs. The poll was in response to recent news reports of a decline in pre-employment drug testing in some states due to marijuana legalization and a tighter job market. Rasmussen is often described as leaning conservative, so this number may be higher than other pollsters would report, but other pollsters haven't been asking this question.

International

Brazil's Most Prominent Marijuana Researcher Gets Targeted By Police, Protests Erupt. Veteran marijuana researcher Elisaldo Carlini, a retired professor of psychopharmacology, is under investigation for "suspicion of inciting drug crime" after a prosecutor in Sao Paulo said she saw "in theory, strong hints of incitement" in a symposium on marijuana he organized last year. He has not yet been arrested, but the investigation led to a March 1 demonstration by university students and staff to support Carlini and academic freedom. More than 50 scientific societies worldwide have signed a petition supporting him, as have 28,000 who signed on to a petition organized by the Brazilian Academy for the Advancement of Science. "In more than 60 years of an academic career, I had never been questioned by law agents — until last month," said Carlini. He said that last year’s meeting was scientific in nature and had nothing to do with inciting people to take drugs. "It’s a Kafkian situation. I wonder what they think an old man can do with marijuana."

US Delegation Heads to Portugal to Learn From Country’s Groundbreaking Drug Decriminalization Policy. A delegation of people organized by the Drug Policy Alliance who have been hit hardest by the U.S. war on drugs – from those who have been incarcerated for drug offenses to those who have lost loved ones to an overdose – are heading to Portugal March 19 – 21 to investigate the results of Portugal's nearly two-decade long experience with drug decriminalization and how those lessons might be applied here. Over 70 participants will be arriving from New York, Chicago, Los Angeles, San Francisco, North Carolina and other cities across the country, including representatives of more than 35 organizations and several media outlets that have been dedicated to covering the drug war and mass incarceration. Along for the ride will be yours truly and Stopthedrugwar.org executive director David Borden.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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

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

Marijuana Policy

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

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

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

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

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

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

Medical Marijuana

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

Psychedelics

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

Drug Testing

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

Law Enforcement

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

Chronicle AM: Marijuana Bills Popping Up, HRW Calls on Philippines to Support UN Inquiry, More... (2/1/18)

With the legislative season gearing up in the states, marijuana bills are everywhere. And Human Rights Watch has a message for the Philippine government.

Marijuana Policy

Alaska Bill Would Seal Public Records of Past Marijuana Convictions. Rep. Harriet Drummond (D-Anchorage) has filed House Bill 316, which would seal public records for past marijuana possession convictions. The bill has been referred to the House Judiciary Committee.

Georgia Bills Would Amend State Constitution, Codes to Legalize Marijuana. Lawmakers in Atlanta have not one, but two, marijuana legalization measures to deal with this year. Senate Resolution 614 proposes amending the state constitution to legalize it, while Senate Bill 344 would amend the state code to allow for the legalization and regulation of marijuana businesses. Since the measures are in the form of amendments to the constitution, they must first pass the General Assembly and then they would go to the voters on the November 2018 ballot.

Maine House Fails To Pass Short-Term Moratorium on Retail Marijuana Sales. The House has failed to extend a moratorium on recreational marijuana sales that expired today. Supporters had said that extending the moratorium would send a strong signal to would-be entrepreneurs that legal sales are still on hold, but failure to pass it will have little effect, since retail operations can't happen until there is a regulatory framework in place. It's now been more than 13 months since voters approved legalization.

New Mexico Bill to Legalize Marijuana Introduced. State Rep. Javier Martinez (D-Albuquerque) on Wednesday filed House Bill 312, which would legalize, tax, and regulate marijuana. Advocates don't expect the bill to pass this year, but said it would advance the conversation.

New Jersey Assembly Sees Marijuana Legalization Bill Filed. Assemblyman Reed Gusciora (D-Trenton) has filed a marijuana legalization bill, Assembly Bill 1348, that would allow a single household to grow up to 12 plants. The bill would also set a limit of 80 retail marijuana outlets in the state. If it passes the Assembly, it would need to be reconciled with a legalization bill in the Senate, Senate Bill 380, that doesn't allow home grows and does not cap the number of shops.

San Francisco to Wipe Out Thousands of Old Marijuana Convictions. City District Attorney George Gascon announced Wednesday that the city will retroactively apply the state's marijuana legalization to past marijuana cases going back to 1975. He said more than 3,000 misdemeanor cases dating back decades will be dismissed and sealed.

Medical Marijuana

Maine Governor Agrees to Delay New, More Restrictive Medical Marijuana Rules. Gov. Paul LePage (R) has agreed to delay the implementation of new, more restrictive rules that were set to go into effect Thursday. They would have allowed surprise inspections of caregivers and shut down markets for infused edibles, tinctures, and lotions. Now, the governor is giving the legislature another three months to draft a new law. "While I believe strongly that the medical marijuana program needs improved and increased regulation, waiting until May to ensure we do not create unnecessary confusion and complication is a reasonable approach," LePage said in a letter Wednesday.

Utah Medical Marijuana Bills Advance. Two bills taking the state down the path toward allowing medical marijuana advanced in the legislature Wednesday. House Bill 197 would allow marijuana cultivation for research purposes, while House Bill 195 would establish a "right to try" for terminally ill patients. Both bills were filed by Rep. Brad Daw (R-Orem). They passed the House Health and Human Services Committee and now head for a House floor vote. Meanwhile, an initiative for a full-blown medical marijuana program is now in the signature gathering phase.

Industrial Hemp

Indiana House Unanimously Passes Industrial Hemp Legalization Bill. The House on Wednesday approved House Bill 1137 on a vote of 90-0. The bill would allow farmers in the state to grow industrial hemp crops -- if the federal government issues the necessary permits and waivers. The bill now heads to the Senate.

Drug Testing

Maine Employee Drug Testing Bill Filed. Sen. Amy Volk (R-Scarborough) has filed a bill that would usher in a sweeping overhaul of the state's employee drug testing laws, giving employers new powers to test and discipline workers for drug or alcohol use. The bill is backed by GOP lawmakers and Gov. Paul LePage (R). The bill would remove probable cause requirements for drug tests and eliminate provisions mandating that employers provide access to drug treatment.

South Dakota Senate Panel Approves Bill Requiring Drug Tests for Legislators. Two days after a committee in the House voted to kill the bill, the Senate Judiciary Committee voted 4-3 to approve House Bill 1133, which would require legislators to submit to drug testing. The full Senate will now take up the bill.

Vermont Legislature Considers Saliva Test Ahead of Marijuana Legalization. The House Committee on Transportation is pondering whether to look into a saliva test for drivers as the state faces looming legalization. Legislators are also proposing a per se THC blood limit of .05 nanograms per milliliter. But as the Vermont ACLU noted, the presence of THC does not necessarily indicate impairment.

International

Human Rights Watch Calls on Philippines Government to Support UN Inquiry into Drug War Killings. The Philippine government should urgently support the creation of a United Nations-led investigation into the thousands of killings linked to its "war on drugs," Human Rights Watch said Thursday. A UN-led probe would both help clarify the disparity in official and independent estimates of killings in the anti-drug campaign and facilitate accountability for unlawful deaths. "The glaring disparity between the Philippine government's official death toll and those of credible independent observers underscores the urgent need for a UN-led independent investigation into killings since the drug war began in June 2016," said Phelim Kine, deputy Asia director. "The government should welcome a UN effort to establish an impartial and verifiable death toll as a crucial first step in accountability for wrongful deaths."

Chronicle AM: CA MJ Bank Plan, Israel Decrim Draft, No Drug Testing SD Lawmakers, More... (1/31/18)

California's treasurer wants to create a public bank for pot businesses, a New Jersey poll on legalization has mixed results, the Indiana House passes a CBD bill, Israel takes another step toward marijuana decriminalization, and more.

Marijuana decriminalization is coming to Israel.
Marijuana Policy

California Treasurers Lay Out Plan to Create Public Marijuana Bank. State Treasurer John Chiang on Tuesday laid out a plan to create a public bank for marijuana businesses, a defiant move in the face of the Trump administration's opposition to legal marijuana. "We are contending with the emergence of a multibillion-dollar cannabis industry that needs banking services, and a private banking industry that is stymied by federal law in meeting the needs of the new industry," said Chiang, who is seeking the Democratic gubernatorial nomination. "The current administration is out of step with the will of the people, not only those in California, but the 29 states that have legalized either or both medicinal and recreational-use cannabis."

New Jersey Pot Poll Has Mixed Results. A new poll from Fairleigh Dickinson University has strong support for further marijuana law reforms in the state, but only a minority in favor of outright legalization. The poll found 42% said legalize it, 26% said only decriminalize it, and 27% said it should be legal only for medical purposes. The poll comes as Gov. Phil Murphy (D) champions the cause of legalization and with one legalization bill already filed in the Senate and another set to be filed in the House.

Medical Marijuana

Indiana House Approves CBD Bill. The House voted 93-0 Tuesday to approve House Bill 1214, which would allow anyone to buy and use CBD cannabis oil, provided it contains less than 0.3% THC. The bill also gets around federal controlled substance prohibitions by designating CBD oil as an exempt hemp product. The bill now goes to the Senate.

Drug Testing

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants. As of Thursday, Maine becomes the first state to protect workers from adverse employer action because of their use of marijuana. The state Department of Labor has removed marijuana from the list of drugs for which employers can test in its model drug policy. The legalization initiative passed by voters bars employers from refusing to employ or otherwise penalizing any person age 21 or older based on that person"s "consuming marijuana outside the … employer's property. Employers can still discipline workers who are high on the job, but a positive drug test will not be deemed sufficient to conclude that a worker was under the influence at work.

South Dakota Lawmakers Reject Drug Testing Themselves. The House State Affairs Committee voted Wednesday to kill House Bill 1133, which would have required lawmakers to be drug tested within two weeks of taking office. The committee "deferred the bill to the 41st day," of the legislature's 40-day legislative session.

International

Israeli Ministry Releases Marijuana Decriminalization Draft Legislation. The Public Security Ministry on Tuesday published draft legislation to decriminalize the use and possession of small amounts of marijuana. Under the proposal, being caught with pot would lead to a $265 fine on a first offense, a $530 fine on a second offense, and possible prosecution for a third offense. The draft language doesn't specify the amount of marijuana being decriminalized, but it will likely be up to 15 grams. The draft legislation will be submitted to the Ministerial Committee for Legislation on February 18.

Drug War Issues

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