Court Rulings

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Chronicle AM: Senate Keeps MedMj Language, Kansas SWAT Lawsuit Revived, More... (7/27/17)

A Senate panel has approved an amendment barring the DOJ from going after medical marijuana states, criminal justice reform groups want close scrutiny of US Attorney nominees, a federal appeals court reinstates a lawsuit over a SWAT raid that turned up only tomatoes and tea leaves, and more.

A Kansas SWAT team looking for a pot grow raided a couple who were only growing tomatoes. Now, their lawsuit can proceed.
Medical Marijuana

Senate Panel Approves Amendment Defunding DOJ Medical Marijuana Enforcement. The Senate Appropriations Committee voted Thursday to approve an amendment that would block the Justice Department from spending any funds to go after medical marijuana in states where it is legal. The amendment, which passed with strong Republican support, is a striking rebuke to Attorney General Jeff Sessions, who had personally requested that Congress kill the amendment. A House committee yesterday killed a similar amendment, but if the Senate amendment stays in the appropriations bill, it could be the basis for conference committee negotiations later.

Nevada Supreme Court Upholds Medical Marijuana Registry. In a Tuesday decision, the state Supreme Court unanimously upheld the constitutionality of the state's medical marijuana registry. The program had been challenged by a John Doe lawsuit, which complained that the registry and associated fees violated his due process rights. The lawsuit was rejected by lower state courts, and now the state's highest court has agreed.

Law Enforcement

Reform Groups Call on Senate to Closely Scrutinize Trump's US Attorney Nominees. A number of criminal justice reform groups on both the left and the right are calling on Senate Judiciary Chairman Sen. Chuck Grassley (R-IA) to have committee members actually question nominees, whether at hearings or in writing. The groups, which include Families Against Mandatory Minimums, Right on Crime, and the American Conservative Union, want nominees' positions on key issues such as asset forfeiture, sentencing policy, and respecting the authority of states to be made clear. "In view of the recent policies announced by the Department of Justice (DOJ), it is even more important that the Senate understand each nominee's views of the proper role government attorneys play in seeking justice rather than merely 'winning' the cases they bring," the groups wrote. The coalition made an initial request to Grassley in March, but got no response.

Federal Appeals Court Reinstates Lawsuit Against Kansas Cops Who Led SWAT Raid Against Couple Growing Tomatoes. In a blistering decision, the 10th US Circuit Court of Appeals reinstated a lawsuit filed by a suburban Kansas City couple after a SWAT-style raid based on the couple's visit to a garden supply shop and a faulty field drug test that said tea leaves in their trash were marijuana. There was no marijuana. The family sued the Johnson County Sheriff's Office after the 2012 raid. A federal judge dismissed the lawsuit in 2015, but now the 10th Circuit has overruled him.

Chronicle AM: Ominous DOJ MJ Report, Indonesia Prez Says Shoot Dealers, More.... (7/24/17)

A key Justice Deparatment report is slated to drop this week, so is a federal hemp bill, Indonesia's leader seems to be following in Duterte's footsteps, and more.

What is Attorney General Sessions cooking up for pot policy? We should know this week. (senate.gov)
Marijuana Policy

Justice Department Report to Be Released This Week Could Include Crackdown on Marijuana. A Justice Department Task Force on Crime Reduction and Public Safety, led by Attorney General Jeff Sessions, is set to release its report this, and reformers and industry insiders worry the report will try to link marijuana to violent crime, laying the basis for a crackdown on marijuana users and purveyors.

Massachusetts Local Control Compromise Could Face Legal Challenge. A legislative compromise that would let elected leaders in some communities ban marijuana businesses without a popular vote could be challenged as unconstitutional under state law. Under the compromise, if a majority of a local jurisdiction opposed the 2016 legalization initiative, local leaders could ban without a popular vote, but if the majority voted for the initiative, a ban would require a popular vote. The initiative itself called for no bans without a popular vote. Senate Minority Leader Bruce Tarr (R-Essex) warned that the compromise language could be challenged on the basis it violates equal protection laws.

Medical Marijuana

Virgin Islands Medical Marijuana Bill Reintroduced. Territorial Sen. Positive Nelson has refiled his Virgin Islands Medical Cannabis Patient Care Act. A similar bill died in committee last year, and Nelson wants to avoid a similar fate this year. "I'm requesting that this measure be heard by the committee of the whole, and not the Health Committee, whose chair has exhibited an obvious bias against cannabis legalization in any form," Nelson said.

Hemp

Federal Hemp Bill to Be Filed This Week. US Rep. James Comer (R-KY) is expected to introduce the Industrial Hemp Farming Act this week. The bill, versions of which have been introduced in each Congress since 2009, would remove industrial hemp from the definition of marijuana under the Controlled Substances Act and would allow research on hemp with up to 0.6% THC -- up from 0.3% in earlier bills.

Immigration

Permanent Resident Set to Be Deported for Marijuana Wins in Federal Appeals Court. The US 7th Circuit Court of Appeals in Chicago has ruled in favor of permanent resident Ming Wei Chen, who had been ordered deported from the country after a marijuana conviction. The court ruled that the Board of Immigration Appeals misapplied Supreme Court rulings when it held his conviction constituted an "aggravated felony."

International

Indonesia's President Tells Police to Shoot Drug Dealers. President Joko Widodo has told police to shoot drug traffickers as part of his efforts to fight a "narcotics emergency" in the country. "Be firm, especially to foreign drug dealers who enter the country and resist arrest. Shoot them because we indeed are in a narcotics emergency position now," Widodo said in a speech last Friday. The remarks drew comparisons with statements from Philippines President Rodrigo Duterte, who has overseen a drug crackdown that has left thousands dead there.

Amidst Violent Gun Battles, Mexico City Sees First Narco-Blockade. Mexican marines engaged in a gun battle with drug gangsters in the capital's Tlahuac neighborhood, leaving eight gunmen, including Tlahuac Cartel leader Jesus Perez Luna dead. During the shoot-out, dozens of people blocked streets in the area, setting on fire a truck and two stolen minibuses in a "narco-blockade" aimed at preventing the arrival of police and military reinforcements. That's a first for Mexico City.

Poland Legalizes Medical Marijuana. Polish President Andrzej Duda has signed a bill legalizing medical marijuana in the country. Patients will not be able to grow their own, but will be able to obtain imported marijuana products at pharmacies. The law allows people with severe illnesses to use medical marijuana if approved by a physician, but has no list of qualifying conditions. The law will go into effect in October.

Medical Marijuana Update

A measure that would allow VA docs to issue medical marijuana recommendations advanced in the Senate, Massachusetts' highest court rules in favor of a worker fired for using medical marijuana, and more.

National

Last Thursday, a Senate panel approved medical marijuana for veterans. The Senate Appropriations Committee voted to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year, when it was approved by the full House, but killed in conference committee.

Massachusetts

On Monday, the state's high court ruled for a woman fired for using medical marijuana. The state Supreme Judicial Court ruled that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada

On Sunday, medical marijuana patients complained of higher prices after recreational sales began. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

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

Chronicle AM: SD Sued Over Forced Catheterization of Toddler for Drug Test, More... (6/30/17)

The ACLU sues South Dakota over the forced drug testing of a toddler, Detroit residents again sue the dope squad for killing dogs in pot raids, Pennsylvania's governor signs an asset forfeiture reform bill, and more.

Trump's EPA head stops California from setting pesticide regulations for marijuana crops.
Marijuana Policy

EPA Rejects California's Request to Recognize Allowable Marijuana Pesticides. Environmental Protection Agency head Scott Pruitt last week rejected the state's request to recognize acceptable pesticides for pot crops. Pruitt used the fact of marijuana's continuing illegality under federal law to justify the decision: "Under federal law, cultivation (along with sale and use) of cannabis is generally unlawful as a schedule I controlled substance under the Controlled Substances Act. The EPA finds that the general illegality of cannabis cultivation makes pesticide use on cannabis a fundamentally different use pattern."

Medical Marijuana

Pennsylvania Health Department Issues Dispensary Permits. The Health Department announced Thursday it had granted 27 medical marijuana dispensary permits. Each permit holder can open up to three dispensaries. They will be permitted to begin selling medical marijuana in six months. Click on the link for a list of permit recipients.

Asset Forfeiture

Pennsylvania Governor Signs Asset Forfeiture Reform Bill. Gov. Tom Wolf (D) signed into law Senate Bill 8 on Thursday. The bill does not end civil asset forfeiture, but does impose a higher burden of proof on law enforcement before forfeitures can take place, mandate a hearing before any seized real property is forfeited, and add protections for third-party property owners.

Drug Testing

South Dakota Sued Over Forced Catherization of 3-Year-Old for Drug Test. The ACLU of South Dakota has filed a pair of lawsuits over the forced use of a catheter to take a urine sample from a three-year-boy to test for drugs as part of a child welfare investigation. The suit comes in the case of a Pierre woman whose boyfriend violated probation by testing positive for illegal drugs. Child protective workers then told the women her children would be taken away if she did not submit them to a drug test. The federal lawsuit names as defendants the state of South Dakota and the hospital whose employees actually performed the procedure.

Law Enforcement

Detroit's Dog Killing Drug Cops Sued for Third Time. A Detroit couple has filed a civil rights lawsuit against Detroit Police alleging officers needlessly and maliciously killed their three dogs during a July 2016 marijuana raid after officers refused to let them retrieve the animals from the back yard. That brings to three the number of active lawsuits filed against Detroit cops for killing dogs during pot raids. The culprit is the department's Major Violators Unit, which conducts hundreds of raids a year in the city, and which has left a trail of dead dogs in its wake. One officer alone has killed 69 dogs.

Illinois Supreme Court Rules County DAs Can't Form Their Own Dope Squads. The state Supreme Court ruled Thursday the county prosecutors cannot form their own policing units to conduct drug interdiction efforts, including traffic stops. The ruling came in a case involving the State Attorney's Felony Enforcement (SAFE) Unit created by the LaSalle County district attorney. The unit operated for five years, mainly stopping cars on their way to and from Chicago. Previously, state appeals courts had ruled that the units were an overreach of prosecutorial authority, and now the state's highest court has backed them up.

Chronicle AM: NV MJ Sales Could Be Delayed, Forfeiture Reform Goes to PA Gov, More... (6/21/17)

MPP loses bank accounts as the financial sector gets worried about a Trump crackdown on legal marijuana, Nevada's July 1 goal for legal pot sales hits a bump, a New York bill that would allow medical marijuana for PTSD goes to the governor, and more.

Las Vegas may have to wait a while longer for legal marijuana stores. (Wikimedia)
Marijuana Policy

Marijuana Policy Project Loses Bank Accounts. PNC Bank has notified the Marijuana Policy Project that it will close the group's bank accounts on July 7 in what is seen as "a sign of growing concerns in the financial industry that the Trump administration will crack down on the marijuana industry in states that have legalized it." Many financial institutions refuse to do business with marijuana companies while marijuana remains illegal under federal law, but policy groups like MPP have up until now been spared. In this case, PNC Bank said because MPP received money from marijuana businesses, it is cutting the cord.

Nevada July 1 Legal Marijuana Sales Date in Jeopardy After Court Ruling. A district judge in Carson City on Tuesday extended a temporary order barring the state from moving ahead with plans to issue marijuana distribution licenses to existing dispensaries so they can begin recreational sales on July 1. The order comes in a case brought by licensed liquor wholesalers, who say they should have exclusive rights to those licenses for the first 18 months. State officials said they remain committed to the July 1 date, but it's not clear how that's going to happen.

Medical Marijuana

New York Senate Approves Medical Marijuana for PTSD. The state Senate voted Tuesday to approve Senate Bill 6092, which allows medical marijuana to be used to treat PTSD. The Assembly passed an identical measure earlier this year, so the bill now goes to the desk of Gov. Andrew Cuomo (D).

Pennsylvania Issues First Medical Marijuana Permits. The Department of Health on Tuesday announced 12 medical marijuana grower permits, with the permits going to two companies in each of the six permitting regions the department established as part of the implementation of the state's medical marijuana law. The department will announce the allocation of 27 dispensary permits before the month ends, it said.

Asset Forfeiture

Pennsylvania Legislator Passes Timid Asset Forfeiture Reform Bill. With a unanimous vote in the House on Tuesday, the legislature has approved Senate Bill 8, which does not end civil asset forfeiture, but does require county governments to audit all asset forfeitures by local law enforcement agencies and send reports to the state attorney general and the General Assembly each year. The bill also establishes a higher legal threshold before police can seize high-value assets such as cars and houses and bars the seizure of real estate without a hearing. The bill originally would have ended civil forfeiture, but it was amended under pressure from district attorneys to be less strict.

Medical Marijuana Update

Despite everything, Attorney General Sessions has medical marijuana on his mind, Florida lawmakers approve a no-smoking medical marijuana implementation bill, Vermont's governor signs a medical marijuana expansion bill, and more.

National

On Monday, it was reported that Attorney General Sessions asked Congress to let him go after medical marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states "from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana." In a letter urging congress members to walk back the amendment, Sessions said the law would "inhibit [his department's] authority to enforce the Controlled Substances Act." Hat tip to Tom Angell at MassRoots, who first obtained the letter.

Arizona

Last Thursday, the state attorney general asked the state Supreme Court to reinstate a ban on campus medical marijuana. Attorney General Mark Brnovich (R) has asked the state Supreme Court to review an appeals court ruling that struck down a ban on medical marijuana on college campuses. The state is arguing that the legislature had the right to alter the voter-approved medical marijuana law so that college students with medical marijuana cards could face felony arrests for possession of any amount of marijuana.

Connecticut

Last Friday, the state took another step toward adding more qualifying conditions. Consumer Protection Commissioner Michelle Seagull announced that she would follow a recommendation from the Medical Marijuana Program Board of Physicians to include three new conditions among the list of qualifying conditions for medical marijuana use. They are hydrocephalus with intractable headaches, intractable migraines, and trigeminal neuralgia. Seagull will now draft a new regulation by the end of the month, and after that, there will be a 30-day public comment period, then a review by the office of the attorney general, and then the approval of the Regulation Review Committee of the General Assembly. The whole process could take another year.

Florida

Last Friday, the medical marijuana implementation bill passed the legislature. Lawmakers used a special session to come to an agreement on how to handle medical marijuana. Under the proposal approved by the legislature, which Gov. Rick Scott (R) says he will sign, the state will gain an additional ten medical marijuana operators within four months. Each operator can operate up to 25 dispensaries across the state. But the bill also bans the smoking of medical marijuana even though the constitutional amendment approved by voters last November expressly included a provision that allows smoking. That has led Orlando lawyer John Morgan, who largely bankrolled the amendment, to vow to sue the state over the no-smoking provision.

Vermont

Last Thursday, the governor signed a medical marijuana expansion bill. Gov. Phil Scott (R) signed into law Senate Bill 16, which expands the list of qualifying conditions for medical marijuana. The new conditions added are Parkinson's disease, Crohn's disease, and PTSD. The new law also increases the number of dispensaries in the state from four to five.

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

Chronicle AM: Supreme Court Restricts Forfeiture, Rejects College Drug Test Bid, More... (6/6/17)

The Supreme Court makes two good drug policy-related rulings in one day, the California Assembly approves both a marijuana "sanctuary" bill and a supervised injection site bill, last-ditch efforts to free the weed in Connecticut hit a bump, and more.

The Supreme Court rules favorably on two drug policy-related issues. (Wikimedia)
Marijuana Policy

California Assembly Passes Marijuana "Sanctuary" Bill. The Assembly has approved Assembly Bill 1578, which would prohibit state resources from being used to help enforce federal marijuana laws that conflict with state law. The bill from Assemblyman Reggie Jones-Sawyer (D-Los Angeles) now goes to the state Senate.

Connecticut Legalization Measure Still Stalled. The last-ditch effort to get legalization passed through the budget process broke down early Monday just minutes before a press conference announcing a compromise was to be announced. Rep. Melissa Ziobron (R-East Haddam) complained that she didn't see a copy of the legalization amendment until just minutes earlier, when she learned that Rep. Josh Elliot (D-Hamden) and other Democrats had been crafting the measure since last Friday. "This isn't about headlines. This isn't about a news conference," Ziobron said. "This is about what's good for the state of Connecticut, and doing it last-minute, doing it in a way that is not bipartisan, is very worrisome and should be for every single person in this state."

Nevada Republicans Kill Governor's Pot Tax Bill. A bill supported by Gov. Brian Sandoval (R) that would have imposed a 10% tax on recreational marijuana sales has been defeated in the Senate after Republicans refused to support it because of unrelated budget issues. The vote was 12-9 in favor, but because it was a budget bill, it needed a two-thirds majority, or 14 votes, to pass.

Medical Marijuana

Florida Governor Uses Line-Item Veto to Kill Medical Marijuana Research Projects. Gov. Rick Scott (R) used his line-item veto power to kill three line items that would have provided more than $3 million dollars to the Moffitt Cancer Center and the University of Florida for medical marijuana research. In his veto message, Scott wrote that the institutions had plenty of money to fund the research on their own.

Asset Forfeiture

Supreme Court Restricts Asset Forfeiture in Drug Cases. In a decision handed down Monday, the US Supreme Court has moved to restrict prosecutorial efforts to seize money or goods from drug defendants. In Honeycutt v. US, brothers Terry and Tony Honeycutt were convicted of selling methamphetamine precursor chemicals, and the feds then swooped in to seize $200,000 of the estimated $270,000 profits from the sales. But they then sought to seize the remaining $70,000 from Terry Honeycutt, who was only an employee at his brother's hardware store, and that crossed a line, the court said. "Congress did not authorize the government to confiscate substitute property from other defendants or coconspirators," Sotomayor said. "It authorized the government to confiscate assets only from the defendant who initially acquired the property and who bears responsibility for its dissipation."

Drug Testing

Supreme Court Refuses to Hear Appeal from Missouri Tech College That Wanted to Drug Test All Students. The US Supreme Court on Monday declined to hear an appeal from the State Technical College of Missouri of an appeals court ruling that its mandatory drug testing policy is unconstitutional when applied to all students. Lower courts had upheld mandatory suspicionless drug testing of only a handful of the school's disciplines where safety was a key element. "This case establishes -- once and for all -- that under the Fourth Amendment, every person has the right to be free from an unreasonable search and seizure, including college students," the ACLU, which filed the class-action lawsuit in 2011, said in a statement Monday.

Harm Reduction

California Assembly Passes Supervised Injection Sites Bill. The Assembly last Thursday approved Assembly Bill 186, which would allow for the provision of supervised drug consumption sites. The pioneering harm reduction measure sponsored by Assemblywoman Susan Talamantes Eggman (D-Stockton) now moves to the state Senate. "California is blazing a new trail toward a policy on drug addiction and abuse that treats it as the medical issue and public health challenge that it is, and not as a moral failing," said Talamantes Eggman. "We are in the midst of an epidemic, and this bill will grant us another tool to fight it -- to provide better access to services like treatment and counseling, to better protect public health and safety, and to save lives."

SD Attorney General Foiled in Bid to Prosecute Tribal Marijuana Industry Consultant

South Dakota Attorney General Marty Jackley (R) thought he had the perfect case to help burnish his tough-on-pot prosecutorial credentials as he eyes the governorship in the socially conservative state. It didn't work out that way, though.

Eric Hagen, who was set to be sacrificed on the altar of Jackley's ambitions, walked free last week after a jury in Flandreau refused to convict him of a marijuana trafficking conspiracy for his company's efforts to advise the Flandreau Santee Sioux Tribe on a marijuana cultivation operation and resort.

The tribe last year had announced plans for the operation after tribes across the country received an unsolicited okay from the federal government to pursue marijuana operations and hired Hagen's Colorado-based Monarch America to help get the operation up and running. But facing mixed signals -- including threats of possible raids -- from federal officials and staunch opposition from state and local officials, the tribe tore up its plants last fall.

State officials got what they wanted, the tribe gave up its plans, Monarch America closed up shop on the reservation, and the matter appeared to be settled. But nine months later, as Jackley geared up for his 2018 gubernatorial run, he brought marijuana trafficking charges against Hagen and Monarch Vice President Jonathan Hunt.

The move came even though state attorneys general can't prosecute non-Indians for crimes on reservations. In a novel move, Jackley argued that his office did have jurisdiction to prosecute victimless crimes committed by non-Indians.

Facing up to ten years in state prison, Hunt copped to one count of conspiracy in August and agreed to testify against his business partner, but Hagen decided to fight and went to trial beginning last Friday. As a witness, Hunt testified that he did not think he was really guilty of crime, but accepted a plea bargain because he didn't want to risk a prison sentence.

At the trial, jurors had to decide whether Hagen possessed or intended to possess marijuana and whether he engaged in a conspiracy. The state's case took a blow when Santee Sioux tribal officials, including Chairman Tony Reider, testified that it was the tribe's marijuana, not Hagen's, and that Hagen and Hunt were merely consultants.

Defense attorney Mike Butler also successfully challenged the conspiracy claim, noting in arguments and questions to witnesses that there was nothing secret about the tribe's plans. As Butler noted, the tribe and Monarch America had been very open about their plans and had invited media, lawmakers, and even the FBI to tour the grow operation.

Butler also alluded to the political subtext behind Jackley's prosecution of the consultants. "My client and Mr. Hunt are collateral damage," he said.

The jury agreed, finding Hagen not guilty after only two hours of deliberation Wednesday.

Hagen is a free man, but his company must now be rebuilt, and the Sioux Falls native is calling out Jackley for attempting to ride to higher political office on his back.

"He tanked our company by spreading lies and rumors," Hagen said. "It was 100% politically motivated. This was simply a media ploy for Jackley because he's running for governor in 2018."

Flandreau, SD
United States

Chronicle AM: VT Gov Vetoes Legalization Bill, UCSB Ecstasy Pill Testing, More... (5/24/17)

Vermont's bid to be the first state to legalize marijuana through the legislative process gets derailed or at least delayed by the governor, a judge rules a Rhode Island company discriminated against a medical marijuana patient, UC Santa Barbara students start an ecstasy pill-testing program, and more.

What's in your ecstasy tablet? Students at UCSB will be able to find out. (Erowid.org)
Marijuana Policy

Vermont Governor Vetoes Legalization Bill, But Leaves Door Open. Vermont Gov. Phil Scott (R) today vetoed a marijuana legalization bill, ending for now an effort that would have seen the state become the first to legalize pot through the legislative process. But Scott left open a "path forward" for passing the bill later this year, saying that if a handful of changes were made in the bill, he could support it. He said he thought the legislature still has time to incorporate them and pass a revised bill during this summer's veto session.

Medical Marijuana

Florida Judge Backs Issuing Two More Medical Marijuana Licenses. Administrative Law Judge John Van Laningham ordered the state to issue two new licenses to medical marijuana operators. That would boost from seven to nine the number of entities licensed by the state to grow, process, and distribute marijuana to patients.

Missouri Library Sued Over Refusal to Allow Activists to Meet. The ACLU filed a lawsuit Tuesday against the Rolla Public Library charging that it refused to allow a local man to hold a meeting in one of its rooms because he advocates for legalizing medical marijuana. Randy Johnson of New Approach Missouri had sought the room for a training session for initiative signature gatherers, but was unconstitutionally discriminated against because of his political views, the ACLU said.

Rhode Island Judge Rules Company Discriminated Against Medical Marijuana User. A Superior Court judge ruled Tuesday that the Darlington Fabrics Corporation had discriminated against a woman when she was denied an internship because she used medical marijuana to treat her migraine headaches. The company's action violated the state's Hawkins-Slater Medical Marijuana Act, which bars discrimination against registered medical marijuana users.

Drug Testing

Wisconsin Republicans Advance Welfare Drug Testing Plan. The GOP-controlled legislature's Joint Finance Committee voted 12-4 Tuesday to include a provision in the budget that would impose drug screening and testing requirements on some 14,000 parents who apply for Wisconsin Works job programs. A bill that would do the same thing has already passed the Assembly. The state already has similar requirements for four state-run work programs. In those programs, some 1,837 people were screened, 42 of those were referred to drug testing, and nine were referred to drug treatment. That's about one half of one percent.

Harm Reduction

University of California at Santa Barbara Students Roll Out Free Ecstasy Test Kits. UCSB Associated Students Off-Campus Senator Patrick Dohoney and the campus Students for Sensible Drug Policy (SSDP) chapter are providing test kits for students to test their pills for purity and contamination. "Me and a group of students, who are a part of SSDP, wanted to find a way to reduce the amount of drug-related emergencies," Dohoney said. "When people intend to take molly, it is often cut with other drugs, like amphetamines or bath salts. We wanted to make sure that if students decided to use drugs, they could do it in the safest, most responsible way possible."

Chronicle AM: No Fed $$$ for Anti-MedMJ, MA Docs Call for Safe Injection Sites, More... (5/2/17)

Congress won't fund federal medical marijuana enforcement in states where it's legal, the Massachusetts Medical Society calls for a pilot safe injection site, a Wisconsin federal judge throws out that state's "cocaine mom" law, and more.

Chris Christie is back to attacking marijuana legalization. (Creative Commons/Wikimedia/Gage Skidmore)
Marijuana Policy

Chris Christie Accuses Democrats of Wanting to "Poison Our Kids" With Pot to Raise Tax Revenues. New Jersey Gov. Chris Christie (R) on Monday criticized efforts to legalize marijuana and claimed Democrats were willing to "poison our kids" to get marijuana tax revenues. A reference to a recent report saying the state could earn $300 million in pot taxes set him off. "This is the part that liberals love the most: We can tax it. Sweet Jesus, we can tax it! More money for us!" Christie exclaime. "I can say this now because I'm not running for anything again: $300 million is nothing. We have a $35.5 billion budget; $300 million is a rounding error. I'm sorry. It's true. Think about it, that's 1 percent, less than 1 percent, of the entire state budget for a year. And we're going to poison our kids for 1 percent more money that they can spend on some God awful, stupid program that they can put in the mailer and send out and say, 'I delivered $300 million more for this.'" There's more, too; just click on the link.

Medical Marijuana

Congress Rolls Out Interim Budget With No Funding for Medical Marijuana Enforcement. The budget bill crafted by Congress to keep the federal government working in the short term includes the Farr-Rohrabacher amendment language barring the spending of federal dollars to enforce federal pot prohibition in states that have legalized medical marijuana. The language is only good through September, though.

Federal CBD Bill Filed. US Rep. Scott Perry (R-PA) on Monday filed House Resolution 2273, which would amend the Controlled Substances Act to exclude cannabidiol (CBD) and CBD-rich plants from the definition of marijuana. It's been referred to the House Judiciary, Financial Services, and Energy and Commerce committees.

Florida House Passes Medical Marijuana Implementing Bill. The House on Tuesday approved a medical marijuana regulation measure, House Bill 1397, after altering several provisions opposed by patients and the industry. The measure removes the ban on using low-THC marijuana products in public, increases the number of dispensaries to 17 statewide, and allows patients to only have to see a doctor once every seven months to get renewed. The bill now goes to the Senate.

Heroin and Prescription Opioids

Baltimore Cops Begin Investigating Overdoses in Bid to Nail Dealers. A task force of five Baltimore police detectives have begun investigating drug overdoses in an effort to build criminal cases against drug dealers. But with 800 fatal overdoses in the city las year, five detectives may not be able to keep up. The state lacks a law allowing prosecutors to charge dealers in the death of an overdose victim, but prosecutors say there exists "a wide range" of ways they can bring related charges.

Harm Reduction

Massachusetts Docs Call for Supervised Drug Consumption Sites. The Massachusetts Medical Society has endorsed lobbying state and federal policymakers to allow the state to begin a safe injection site pilot program. At the group's annual meeting last Saturday, the membership adopted a policy calling for "a pilot supervised injection facility program in the state, to be under the direction and oversight of the state" as well as wider use of naloxone and more treatment for substance use disorder. The policy calls for the organization to lobby for a federal exemption and state legislation to allow such a facility.

Law Enforcement

Federal Judge Blocks Wisconsin "Cocaine Mom" Law. A US district court judge in Madison ruled last Friday that the state's "cocaine mom" law, which allows the state to detain a pregnant woman suspected of drug or alcohol abuse, is so vague as to be unconstitutional. The law is "void for vagueness," Judge James Peterson held. "Erratic enforcement, driven by the stigma attached to drug and alcohol use by expectant mothers, is all but ensured." The law allowed the state to treat fetuses like children in need of protection if the "expectant mother habitually lacks self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, to the extent that there is a substantial risk that the physical health of the unborn child, and of the child when born, will be seriously affected or endangered." But Peterson ruled that such terminology is not "amenable to reasonably precise interpretation."

International

Uruguay Begins Registering Users to Buy Pot in Pharmacies. The first country to legalize marijuana took another step toward implementing that decision on Tuesday as it opened a registry for people who wish to buy marijuana from pharmacies beginning in July. All potential pharmacy pot customers must register before availing themselves of the service. Pot will go for about $1.30 a gram, with each user limited to 10 grams per week.

Drug War Issues

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