Defelonization

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Chronicle AM: IL Governor Unveils Marijuana Legalization Bill, Mexico Ponders Drug Decrim, Legal Sales, More... (5/6/19)

Reform measures are piling up on the Colorado governor's desk, the Illinois governor rolls out a marijuana legalization bill, Denver votes on decriminalizing magic mushrooms tomorrow, and more.

Mexican President Lopez Obrador pushes forward with drug reform plans. (Creative Commons)
Marijuana Policy

Illinois Governor, Legislators Announce Marijuana Legalization Bill. Gov. JB Pritzker (D) and key legislators on Saturday announced a long-awaited marijuana legalization bill and were set Monday to introduce the measure as an amendment to an already filed Senate bill. The bill would legalize the possession of up to 30 grams for state residents (15 grams for non-residents) and allow up to five plants to be grown for personal use. Taxes would be 10% on pot with less than 35% THC, 20% on all infused products, and 25% on pot with more than 35% THC. The bill contains social equity provisions, including restrictions on ownership to prevent consolidation by a small number of businesses. It also has an expungement provision.

Medical Marijuana

Arkansas's First Dispensary Approved, Will Open Shortly. The Alcohol Beverage Control Commission, which regulates medical marijuana, has issued its first approval for a dispensary, Doctor's Orders RX in Hot Springs. The shop underwent final inspection last Friday and could be open for business as soon as the end of this week.

Colorado Medical Marijuana Bills Head to Governor's Desk. The legislature last week approved two medical marijuana bills and sent them to the governor. SB 19-013 would give physicians the option of recommending medical marijuana for any condition that is being treated by opioids, while SB 19-218 would allow dentists and advanced practice practitioners to recommend medical marijuana.

Hemp

Florida Legislature Approves Hemp Bill. A bill to legalize hemp production has unanimously passed both the House and Senate. SB 1020 now heads to the desk of Gov. Ron DeSantis (R), who is expected to sign the bill into law.

Psychedelics

Denver Votes on Decriminalizing Magic Mushrooms Tomorrow. Voters in the Mile High City go to the polls Tuesday to vote on Ordinance 301, the Denver Psilocybin Mushroom Initiative. If approved, the measure would make adult psilocybin possession the city's lowest law enforcement priority" and bar the city from criminally penalizing adults found in possession of the drug.

Asset Forfeiture

Alabama Asset Forfeiture Practices Challenged in Federal Court. Attorneys in Birmingham have filed a class-action lawsuit in federal court challenging the state's asset forfeiture laws and practices. The lawsuit seeks to have the laws declared unconstitutional because it allows civil courts to determine whether the law enforcement agency involved can keep the property. It also alleges that the state fails to provide notice of a hearing, fails to hold prompt hearings, allows excessive fines, and allows police to have a direct financial interest in proceedings that could profit them.

Sentencing

Colorado Drug Defelonization Bill Heads to Governor's Desk. A bill that would turn drug possession felonies into misdemeanors won final approval in the legislature last Thursday and now heads for the desk of Gov. Jared Polis (D). HB 19-1263 would, if signed into law, make the state the sixth to defelonize drug possession since 2014.

International

Mexico President Proposes Drug Decriminalization, Legal Drug Supply Via Prescription. President Andres Manuel Lopez Obrador has submitted to the Congress a plan to remove criminal penalties for drug possession and divert drug addicts into drug treatment programs. The plan also suggests providing drug users with a "supply of doses with prescription," indicating a form of legalization.

Chronicle AM: CO Drug Defelonization Bill Advances, Mexico Murders, Colombia Massacres, More... (4/23/19)

Drug prohibition is engendering new levels of violence in Mexico and Colombia, the Denver city council deals a blow to would-be social consumption business operators, the FDA approves generic naloxone, and more.

The black market in cocaine is fueling violence in Mexico and Colombia. (USCBP)
Marijuana

Denver City Council Rejects Easing Restrictions on Social Consumption. A resolution to make it easier for businesses offering on-premises consumption by halving the 1,000-foot buffer between them and daycare centers, drug treatment centers, and city-owned parks has failed in the city council. The council voted 7-5 to approve the measure, but because it would have amended the city's voter-approved 2016 social consumption, it needed nine votes to pass.

Harm Reduction

FDA Approves First Generic Naloxone. The Food and Drug Administration announced last Friday that it has approved the first generic formulation of naloxone, the opioid overdose reversal drug. The agency also said it will prioritize its review of other applications for generic variants of products intended to treat opioid overdoses. "In the wake of the opioid crisis, a number of efforts are underway to make this emergency overdose reversal treatment more readily available and more accessible. In addition to this approval of the first generic naloxone nasal spray, moving forward we will prioritize our review of generic drug applications for naloxone," the FDA said.

Sentencing Reform

Bipartisan Drug Defelonization Bill Advances in Colorado Senate. The Senate Judiciary Committee approved a bill 3-2 Monday that would reduce the penalties for drug possession offenses from felonies to misdemeanors. The bipartisan legislation, HB19-1263, which was approved by the full House on April 18, will now advance to the Senate Finance Committee.

International

UN Report Finds Massacres on the Increase in Colombia. The UN Office of the High Commissioner for Human Rights (OHCHR) has issued a report revealing a large increase in massacres carried out in Colombia, reflecting new criminal dynamics in key areas of the country. OHCHR noted just 11 massacres in 2017, but that number nearly tripled to 29 cases last year. Most of the massacres occurred in the departments of Antioquia, Cauca, Norte de Santander and Caquetá, areas particularly affected by Colombia's ongoing armed conflict. In the wake of the peace agreement between the FARC and the government, old and newly emerging criminal groups are fighting over who will control coca and poppy-growing areas and distribution.

Mexico Murder Rate Keeps Increasing. Data released this week from the National System for Public Security show that the homicide rate in the country has soared in the first two months of this year. Some 8,493 people were killed between January 1 and March 3, a 9.6% jump over the same period in 2018. Most -- but not all -- of the violence is related to fighting between rival cartels and clashes between cartels and members of the state security apparatus. The previous two years had both seen record numbers of killings, with some 33,341 reported last year, but if the rate seen in early numbers this year continues, the toll could reach 50,000 by year's end.

Chronicle AM: New CBS Pot Poll, CO Drug Defelonization Passes House, More... (4/19/19)

A new CBS poll has record support for marijuana legalization, Vermont's governor throws up an obstacle to the tax and regulate bill, the US immigration agency says using marijuana or even working in the state-legal industry makes immigrants "morally unfit" to become citizens, and more.

Marijuana is all over the news today. (Creative Commons)
Marijuana Policy

New CBS Poll Has Support for Legalization at All-Time High. The latest annual CBS news poll on attitudes toward marijuana legalization has support at 65% -- an all-time high for the poll. Most respondents also viewed marijuana as less dangerous than alcohol. Legalization is now favored even by Republicans (56%), and the only age group to not have majority support for legalization -- people 65 and older -- is now evenly split with support at 49%.

Federal Bill Would Let People Use Marijuana in Public Housing in Legal States. Rep. Eleanor Holmes Norton (D-DC) has filed the Marijuana in Federally Assisted Housing Parity Act, which would allow people who use marijuana in compliance with state laws to live in public housing. Current federal law prohibits people using federally illegal drugs from being admitted to public housing and allows their eviction if caught. The Norton bill is not yet available on the congressional web site.

Montana 2020 Legalization Initiative Planned. A new group calling itself Coalition406 has announced plans to create a 2020 ballot initiative to legalize marijuana in Big Sky Country. The latest polling has support for legalization at 51%. "Coalition406 will sponsor a statewide listening tour over the coming weeks to discuss preliminary thoughts for a November 2020 initiative to hear from real Montanans on this issue," said Coalition406 campaign manager Ted Dick, a former executive director of the Montana Democratic Party.

Vermont Governor Won't Support Regulated Marijuana Without Saliva Testing for Drivers. Gov. Phil Scott (R) said for the first time Thursday that he would not sign legislation to tax and regulate marijuana unless it had a provision that would allow saliva testing of motorists. The tests are opposed by many civil rights and liberties groups, but the House Judiciary Committee that same day reviewed a draft proposal for language around saliva testing that could be inserted in SB 54, the tax and regulate bill that has already passed the Senate.

Wisconsin Legalization Bill Filed. For the fourth time, Rep. Melissa Sargent (D-Madison) has filed a marijuana legalization bill. The bill would set up a system of taxed and regulated marijuana commerce as well as a process for expungement of old marijuana convictions. "Far too many lives and communities have been damaged by out of date and backwards cannabis policies, and we must take this important and necessary step towards rectifying these damages," Sargent said in a press release. "The simple truth is, the most dangerous thing about marijuana in Wisconsin is that it is illegal." A January Marquette University poll has support for legalization at 59%, but the Republican-controlled legislature does not favor the proposal.

Medical Marijuana

Texas Medical Marijuana Expansion Bill Heads to House Floor. A bill that would add over a dozen conditions that would qualify for medical marijuana, HR 1365, is heading for a House floor vote after passing its last committee hurdle on Wednesday. The bill would add cancer, autism, post-traumatic stress disorder, Alzheimer's, Parkinson's, Huntington's disease, amyotrophic lateral sclerosis, Tourette syndrome, Crohn's, ulcerative colitis, muscular dystrophy and multiple sclerosis to the list of qualifying conditions.

Drug Treatment

Pennsylvania Bill Would Bar Addiction Centers from Requiring Positive Drug Tests Before Treatment. State Rep. Jack Rader (R-Monroe County) has cosponsored a bill that would ban addiction treatment centers from requiring people to test positive for opioids or other drugs in order to get admitted for care. Rader said he cosponsored the bill after a constituent told him her son had applied for drug treatment but had been required to test positive for opioids in order to begin treatment. He had gotten off opioids while waiting for treatment, but then used some to qualify for treatment and instead overdosed and died. The measure is HB 1024.

Immigration Policy

Using State-Legal Marijuana or Working in the Industry Makes Immigrants Morally Unfit to Be US Citizens, Federal Agency Rules. In a rules clarification Friday, US Citizenship and Immigration Services held that using marijuana or working in the industry even in states where it is legal violates the requirement that immigrants demonstrate five years of "good moral character" before applying for citizenship. In a memo detailing the ruling, USCIS said that "violation of federal controlled substance law, including for marijuana, established by a conviction or admission, is generally a bar to establishing [good moral character] for naturalization even where the conduct would not be a violation of state law." That includes working in the state-legal marijuana and medical marijuana industries. There is an exception for one-time possession of less than an ounce.

Sentencing Policy

Colorado House Approves Bipartisan Bill to Lower Penalties for Drug Possession Offenses. The House on Thursday approved HB 19-1263, which would defelonize drug possession in the state. The measure passed the House on a 40-25 vote and now heads to the Senate.

Chronicle AM: CO Drug Defelonization Bill Advances, CT Legalization Bills Advance, More... (4/9/19)

A drug defelonization bill advances in Colorado, marijuana legalization bills advance in Connecticut, Oregon medical marijuana growers are put on notice, and more.

The Colorado legislature is taking up both marijuana expansion and drug possession defelonization in this session. (CC)
Marijuana Policy

Colorado Social Consumption, Marijuana Delivery Bills Advance. The House Finance Committee narrowly approved a pair of bills aimed at expanding access to legal marijuana Monday. HB 1230 would require the Marijuana Enforcement Division to create a licensing system for social marijuana consumption, while HB 1234 would allow delivery of medical marijuana only for the first year, expanding to the legal adult market in year two. The social consumption bill now goes to the House Appropriations Committee, while the delivery bill head for a House floor vote.

Connecticut Legalization Bill Package Advances. The Judiciary Committee approved a trio of bills Monday that would legalize marijuana and expunge old pot convictions. SB 1085 is the main legalization bill, while SB 1089 would ensure that employers could mandate marijuana could not be smoked at a workplace and HB 7372 would establish an equivalent of a DUI test for driving under the influence of marijuana.

Medical Marijuana

Missouri Regulators Release Additional Draft Rules. The state Department of Health and Senior Services has released more draft rules for the state's medical marijuana program. The new draft rules for facility evaluation criteria and medical marijuana testing facilities can be viewed here. Draft rules must be finalized by June 4.

Oregon Medical Marijuana Growers Warned to Report Inventory. The Oregon Medical Marijuana Program has warned medical marijuana growers that they need to come into compliance with inventory reporting requirements or face stiff penalties. The program issued a bulletin reminding growers they need to use the Oregon Medical Marijuana Online System (OMMOS), and that they must report their onsite marijuana inventory and any sales.

Sentencing Policy

Colorado House Panel Advances Drug Defelonization Bill. The House Finance Committee has approved HB19-1263, which would change the penalty for drug possession offenses from felonies to misdemeanors. The bill was approved by the House Judiciary Committee last week. The bill now goes to the House Appropriations Committee.

Chronicle AM: CO Drug Defelonization Bill Advances, ND Moves to End Civil Forfeiture, More... (4/3/19)

Drug defelonization is advancing in Colorado, asset forfeiture reform heads to the governor in North Dakota, New Jersey bail reforms are having a dramatic impact, and more.

North Dakota legislators are making it harder for cops to get their hands on cash and property. (Creative Commons)
Medical Marijuana

Colorado Governor Signs Medical Marijuana for Autism Bill. Gov. Jared Polis (D) on Tuesday signed into law HB 19-1028, which adds autism to the list of disabling medical conditions that qualify a person to use medical marijuana. A similar bill passed the legislature last year but was vetoed by then-Gov. John Hickenlooper (D), who cited concerns from medical professionals.

Hemp

Idaho Senate Approves Modified Hemp Bill, House Unhappy. The Senate on Monday approved a hemp bill, HB 122, but amended it to address law enforcement concerns, leaving House backers withdrawing their support from the bill. Rep. Dorothy Moon (R) withdrew as a sponsor, saying the amended bill effectively "makes hemp illegal to grow, possess and transport in Idaho."

Asset Forfeiture

North Dakota Senate Approves Bill Ending Civil Asset Forfeiture. The Senate voted 46-1 Monday to approve a bill requiring a criminal conviction before authorities can seize cash or valuables.  The House passed HB 1286 in February. The bill now goes to the governor.

Bail Reform

New Jersey Judiciary Releases Annual Bail Reform Report, with Additional Key Statistics. The New Jersey Judiciary released its second Annual Report to the Legislature and Governor on the state’s historic bail reform law. Key findings include that the state's pretrial jail population has declined 43.9 percent since December 31, 2015, and that last year, only 102 people had cash bail set for them out of more than 44,000 criminal defendants.

Sentencing

Colorado Proposal to Defelonize Drug Possession Offenses Advances. The House Judiciary Committee approved a bill 8-3 Tuesday that would reduce the penalties for drug possession offenses from felonies to misdemeanors. HB19-1263 will now advance to the House Finance Committee.

Chronicle AM: No Legal Pot for NJ (Yet), CO Drug Defelonization Bill Filed, Guam Legal Pot Bill, More... (3/28/19)

New Jersey doesn't yet have the votes to pass legalization, Guam sends a legalization bill to the governor, a Colorado drug defelonization bill gets filed, and more.

Marijuana Policy

Marijuana Banking Bill Advances in House. The House Financial Services Committee voted 45-15 Thursday to approve HR 1595, the Secure and Fair Enforcement (SAFE) Banking Act. The bill aims at ensuring that state-legal marijuana operations have access to banking and financial services. This marks the first time a marijuana banking bill has been approved by a congressional committee.

Connecticut Legalization Bill Wins Committee Vote. The General Law Committee voted 10-8 Monday to approve a bill that spells out many of the details of a proposed system of legal marijuana for adults. The bill is one of a number of bills aimed at legalizing pot this session and could eventually be combined with others to craft a comprehensive bill.

Guam Legalization Bill Heads for Governor’s Desk. Legislators in the US island territory voted to approve a marijuana legalization bill Wednesday. The bill would create a system of taxed and regulated marijuana commerce, as well as allowing adults to possess, grow, and consume their own. The measure, Bill 32-35, now goes to the desk of Gov. Lou Leon Guerrero (D), who is expected to sign it. If she does, Guam will become the first US state or territory to pass legalization this year.

New Hampshire Legalization Bill Wins Committee Vote. The House Ways and Means Committee voted 14-6 Wednesday to approve HB 481, which would legalize marijuana for adults and create a system of taxed and regulated marijuana commerce. The bill would also allow adults to grow and possess their own. The bill now goes to a House floor vote before heading to the Senate.

New Jersey Legalization Bill Stalled. A much anticipated Monday vote on the legalization bill, A 4497/S 2703, didn’t happen after legislative leaders realized they still didn’t have the votes in the Senate to pass it. "History is rarely made on the first try," Gov. Phil Murphy (D) said in a press conference announcing the postponement. "Certainly I’m disappointed but we are not defeated… We all remain committed to passing this bill and making our state a national model for justice and opportunity because ultimately this is the right thing to do for New Jersey, and we know the people of New Jersey are on our side."

Medical Marijuana

Alabama Medical Marijuana Bill Filed. More than a dozen legislators have filed HB 243, the CARE Act, which would create the Alabama Cannabis Commission, establish a patient registry system, and extend an earlier law that allowed the University of Alabama-Birmingham to study the effects of CBD on epileptic patients. This bill would allow for the use of medical marijuana, not just CBD.

Kansas CBD Oil Bill Passes House. The House passed HB 2244 on Wednesday. The bill would allow parents of minor patients to travel to Colorado to obtain CBD oil and bring it back to Kansas legally.

North Dakota Senate Rejects Allowing Edibles. The Senate on Monday narrowly rejected HB1364, which would have allowed medical marijuana patients to buy and use edible products. The measure had passed the House and actually won majority support in the Senate but fell short of the two-thirds majority required to amend a recent ballot measure. Senators expressed fears children would get access to the drug.

Asset Forfeiture

North Dakota Asset Forfeiture Bill Wins Senate Support. A civil asset forfeiture reform bill, HB 1286, that has already passed the House found support in the Senate Tuesday. Sen. Diane Larson (R-Bismarck), head of the Senate Judiciary Committee said after a hearing she was open to amending the bill to get it passed. As it stands, the bill would require a conviction before forfeiture proceedings could take place.

Drug Policy

Colorado Drug Defelonization Bill Filed. A bill to defelonize the possession of personal use amounts of all drugs, HB 19-1263, has been filed in the House. Under the bill, those convicted of simple drug possession would face misdemeanor charges with a maximum sentence of six months in jail. The current maximum sentence for simple possession is 18 months. The bill was introduced last Friday. 

Chronicle AM: CND Delays Vote on Pot Rescheduling, RI Drug Defelonization Push, More...(2/26/19)

San Francisco moves to expunge more than 9,000 pot convictions, Rhode Island's attorney general wants to defelonize drug possession, Peruvian farmers are leaving the coffee fields for the coca fields, and more.

Marijuana Policy

Baltimore Mayor Pressed to End Marijuana Arrests. Fourteen local advocacy groups have sent a letter to Mayor Catherine Pugh urging her to direct the police commissioner to stop arresting people for small-time pot offenses. The letter comes after Baltimore State's Attorney Marilyn Mosby announced a new policy of not prosecuting such cases, only to have interim Police Commissioner Gary Tuggle, a former DEA agent, refused to order police to stop making the arrests. Tuggle is gone now, but it's unclear what his replacement, Michael Harrison, will do, thus the letter to the mayor urging her to lead on the issue.

San Francisco Will Expunge More Than 9,000 Marijuana Convictions. City prosecutors announced Monday that they would move to expunge some 9,300 marijuana possession convictions dating back to 1976. The move comes after a yearlong review of pot convictions in the city. The effort was bolstered by the city's decision to work with a Code for America, a nonprofit that uses technology to make government more efficient. Coders created an algorithm that combed through the city's decades worth of criminal records in minutes—and automatically filled out the required forms to be turned in during the expungement process.

Medical Marijuana

Missouri Publishes First Draft Medical Marijuana Rules. The state Department of Health and Human Services has posted its first draft rules for the state medical marijuana system approved by voters in November 2018. The first batch of draft rules deals with requirements for ID cards for the program. There will be public hearings before the rules are finalized. The state has until June 4 to begin taking applications for ID cards.

Treatment

West Virginia House Approves Drug Treatment Bills. The House on Monday passed two bills related to drug treatment and amended a third. HB 3132 exempts certain providers from some of the medication-assisted treatment licensing requirements. HB 3133 would mandate that probationers with history or symptoms of addiction to attend support services for at least 60 days. The bill that was amended was HB 2991, which authorizes the continuation of an addiction prevention and recovery fund. That bill requires any proceeds from settlements with drug manufacturers or distributors to go into the fund; the amendment would allow state agencies to recover reasonable administrative costs.

Sentencing

Rhode Island Attorney General Plans Bill to Defelonize Drug Possession. State Attorney General Peter Neronha has announced plans to introduce legislation that would make possession of up to an ounce of any drug other than marijuana a misdemeanor. "There is a significant difference between those who traffic in drugs and those who possess them," explained Neronha at a press conference at the attorney general’s office in Cranston. "I learned how difficult it is for somebody getting out of prison, or somebody with a felony conviction to get back into the workforce. To get housing. To get back on their feet," he said.

International

UN Commission on Narcotic Drugs Delays Vote on WHO Marijuana Rescheduling Recommendation. The Commission on Narcotic Drugs will not vote on the World Health Organization's marijuana recommendations during its March session in Vienna That news comes after the release of the recommendations, which had been expected in December, was delayed. Several counties asked for more time to consider the recommendations saying they only received the rescheduling recommendation in late January. If the recommendations had come out in time, countries would have had three months to study them before the Vienna meeting.

Peru Farmers Are Abandoning Coffee Crops to Work in Coca Fields. Slumping coffee prices and delays in certifying organic beans are pushing Peruvian coffee growers out of the business and into the coca fields, the country's main coffee growers' association said Monday The Junta Nacional del Café said farmers started migrating to coca growing regions in December and hundreds have since abandoned their coffee fields. "Coffee ... exports are in real trouble, and we lack the support of the government with clear actions to overcome them," said the JNC’s head, Tomas Cordova. "This foments poverty, unemployment and the expansion of illegal crops."

Chronicle AM: Three of Four MJ Inits Win, Mexico Legal MJ Bill, FL Felony Disenfranchisement Repealed, More... (11/7/18)

Three out of four marijuana initiative pass, so does restoring the vote to ex-felons in Florida, but Ohio drug defelonization fails.

Marijuana Policy

 

Michigan Becomes First Midwest State to Legalize Marijuana. The Proposal 1 legalization initiative had 55.8 percent of the vote with 96 percent of the vote counted as of Wednesday morning. The measure will legalize, regulate, and tax marijuana in Michigan for adults aged 21 and older. It allows for the possession of up to 2.5 ounces of marijuana and cultivation of up to 12 plants for personal use, while also establishing a legal framework for the licensing and regulation of marijuana businesses and products.

North Dakota Marijuana Legalization Measure Fails. The Measure 3 legalization initiative was decisively defeated. It managed to garner only 40.5 percent of the vote. Measure 3 was a grassroots effort with little outside support and strong and deep-pocketed opposition.

Ohio Towns and Cities Vote to Decriminalize Pot Possession. Five out of six Ohio localities that had decriminalization measures on their local ballots approved them. Decriminalization won overwhelmingly in Dayton, Fremont, Norwood, Oregon, and Windham. It lost in only one town: Garrettsville.

Wisconsin Voters Approve Non-Binding Marijuana Advisory Questions. Voters in localities across the state signaled their support for medical marijuana, marijuana legalization, and decriminalization in a series of local non-binding advisory questions. In all 10 counties one city where voters were asked if marijuana should be legal, they said yes, by margins of better than two-to-one. Medical marijuana got even stronger support, and in Racine, a question on decriminalization won by a margin of two-to-one.

Medical Marijuana

Missouri Votes To Legalize Medical Marijuana. Two of three medical marijuana initiatives won. Amendment 3, which would have imposed a 15 percent tax and set up a research institute benefiting its author, was easily defeated, while Amendment 2 had 65.5 percent support, and Proposition C had 56.5 percent. Amendment 2 was backed by both the Marijuana Policy Project and the Drug Policy Alliance.

Utah Voters Approve Medical Marijuana. Despite the machinations of the Mormon Church and the state's Republican political establishment, which sought to blunt support for Proposition 2 by promising to pass some sort of medical marijuana bill later this year, voters weren't willing to wait. Prop 2 had 53.2 percent of the votes, with 76 percent of precincts reporting. Even in Deep Red Utah, medical marijuana wins. Under this measure, people with designated qualifying conditions can obtain a medical marijuana recommendation from a doctor, but patients whose conditions aren't listed have to go through a more rigorous process. Patients won't be allowed to smoke their medicine, either. It remains to be seen what will happen with medical marijuana in the legislature.

Sentencing

Ohio Drug Defelonization Initiative Defeated. Voters soundly rejected Issue 1, which would have made drug possession felonies into misdemeanors, by a margin of 65 percent to 35 percent. The move, aimed at reducing the state's prison population, was opposed by prosecutors, judges, coroners, and Republican Gov. John Kasich. Issue 1 had other proposals as well: reducing prison sentences by up to 25 percent for most prisoners if they complete educational, work or rehabilitative programs. Probation violations that weren't new crimes would not have resulted in prison.

Voting Rights

Florida Votes to Restore Voting Rights to Felons. There will be nearly 1.5 million potential new voters in the Sunshine State for the next election after voters Tuesday approved Amendment 4, which restores voting rights for people in the state convicted of felonies as long as they have completed their sentences, although anyone convicted of murder or felony sex offenses would be excluded. About 9.2 percent of the state voting-age population.

International

Mexico Marijuana Legalization Bill Filed. A key ally of incoming President Andres Manuel Lopez Obrador on Tuesday filed a bill to legalize marijuana cultivation and sales. Senator Olga Sanchez Cordero, who is expected to be named interior secretary, filed the General Law for the Regulation and Control of Marijuana. The move comes just days after the Mexican Supreme Court ruled that the prohibition of marijuana for personal use is unconstitutional.

[Drug Policy Alliance is a publisher of the organization that publishes this newsletter.]

Chronicle AM: Weed on the Ballot in 4 States This Election Day, OH Sentencing Reform, Too, More... (11/6/18)

Marijuana policy initiatives are on the ballot in four states today, so is sentencing reform in Ohio, the FDA approves a powerful new opioid, El Chapo goes on trial in New York, and more.

Do your civic duty today. (Creative Commons)
Marijuana Policy

Marijuana Legalization, Medical Marijuana on the Midterm Ballot Today. It's not just about control of the Congress. Four states are seeing statewide marijuana policy initiatives: In Michigan and North Dakota, legalization is on the ballot; in Missouri and Utah, medical marijuana in on the ballot. Also, a number of Ohio localities are voting on decriminalization, and in Wisconsin, a number of localities will be voting on non-binding referenda on whether to legalize marijuana. Come back tomorrow for results.

Heroin and Prescription Opioids

FDA Approves Opioid Pain Reliever 1,000 Times Stronger Than Morphine. The Food & Drug Administration has approved a new opioid pain reliever that is a thousand times stronger than morphine and ten times stronger than fentanyl. The new drug, Dsuvia, will be used as a fast-acting alternative to intravenously administered opioids in hospitals. Critics warned that the new drug could be abused, but FDA Commissioner Scott Gottlieb said in a statement that it will only be used with "very tight restrictions."

Law Enforcement

El Chapo Goes on Trial in New York City. Longtime Sinaloa Cartel leader Joaquin "El Chapo" Guzman has gone on trial in New York City this week. El Chapo was extradited to the US in 2017 after escaping from a Mexican prison and being recaptured months later, and now faces a 17-count federal indictment for his role heading the cartel, including money laundering, firearms, and multiple murder charges. Although El Chapo has been out of circulation for more than a year, the Sinaloa Cartel remains arguably the most powerful of Mexican drug trafficking organizations.

Sentencing

Ohio Votes on Whether to Defelonize Drug Possession Today. Voters in the Buckeye State will have a chance to approve the Issue 1 sentencing reform initiative. The initiative would move most drug possession charges from felonies to misdemeanors. It would also allow some nonviolent offenders to receive 25% sentence reductions and would also prohibit jail time as a sentence for using or possessing drugs until the third offense within 24 months. Come back tomorrow for results.

International

Israeli Finance Minister Criticizes Delay in Approving Medical Marijuana Exports. Finance Minister Moshe Kahlon blamed the Public Security Ministry for foot-dragging on allowing exports of the herb, thus "harming Israel's economy, farmers and local industry," and called for the cabinet to act to approve exports and advance legislation. "For more than six months, the Public Security Ministry has been preventing the plan from being put on the cabinet's agenda, thereby harming Israel's economy, farmers and local industry," Kahlon wrote in a memo Monday to the cabinet secretary. "During these months a number of countries around the world, including Australia and Canada, began to export medical cannabis."

How This Red State's Cruel Meth Laws Are Putting Women Behind Bars in Record Numbers [FEATURE]

Like other Great Plains states, South Dakota has a methamphetamine problem. But it's becoming increasingly evident that South Dakota also has a problem with the way it deals with meth.

South Dakota women's prison in Pierre (KELO-TV screen grab)
Because of its strict drug laws, the state is seeing a dramatic spike in women being sent to prison for meth. According to a new report from the nonprofit South Dakota News Watch, the number of women in prison in the state has jumped 35 percent since 2013, while the male prison population has increased at only one-quarter of that rate. Nearly two-thirds of all women prisoners in the state are there for nonviolent drug offenses. The state now has the fourth-highest incarceration rate for women in the country, trailing only Oklahoma, Wyoming, and Kentucky.

Overall, about one-third of all inmates in the state are doing time for drug-related offenses, the majority of them for simple drug possession. That's a higher percentage than most other states, where drug offenders tend to make up somewhere around 20 to 25 percent of the inmate population.

The high drug-related incarceration overall and for women in particular stems less from the prevalence of drug use than from the conservative, largely rural state's reaction to it. South Dakota has not responded to decades of failed war on drug policies by reforming them, but by doubling down on them.

The state has not moved toward the defelonization of drug possession, as at least 16 others have. Instead, it has moved in the opposite direction. South Dakota has mandatory sentencing laws that include prison for not only for the manufacture and distribution of meth but also for simple possession.

State lawmakers and cops have long favored tough drug laws, and they are still at it. This year, state Attorney General Marty Jackley (R) guided bills through the legislature that heighten penalties for meth dealing and increase sentences for dealers whose clients overdose and die.

But the state's most notorious and contentious drug law -- bone that is sending hundreds of people to prison -- is the state's "possession by ingestion" statute. Otherwise known as an "internal possession" law, the statute allows for a felony conviction if a drug test reveals the presence of illicit drugs in a suspect's system. (The law also applies to marijuana, but the penalty for testing positive for pot is only a misdemeanor.)

The strictest in the nation, that law was upheld by the state Supreme Court in 2004. Last year, a bipartisan group of lawmakers filed a measure that would have slightly tweaked the law by removing marijuana, but that bill was killed by a unanimous vote in the first committee that heard it.

As of August, about nine percent of the male prison population and an astonishing 21 percent of the female prison population was doing time for unauthorized ingestion of a controlled substance. That's right: More than one out of five women prisoners in South Dakota is behind prison bars for nothing more than having used drugs.

South Dakota law enforcement and lawmakers may be happy with the status quo, but the man who actually runs the prison system isn't. State Corrections Secretary Denny Kaemingk told South Dakota News Watch that the cops' and courts' proclivity for busting and imprisoning women on drug charges is creating an expensive and ineffective cycle of imprisonment, release, and recidivism.

"We seem to think that locking individuals up is going to solve their addiction problem," said Kaemingk, a former drug officer. "They're coming to us in corrections and we're thinking that solves the problem, and I think in many cases it makes the problem worse."

Criminalizing addiction, especially among women who are mothers, Kraemingk said, creates a situation where the children are more likely to end up in prison themselves. He pointed to national studies showing that up to 80 percent of children who have parents behind bars will end up there themselves.

"Imprisonment in South Dakota is generational," Kaemingk said. "The females behind prison walls have experienced that as a child. The generation we have back there now as inmates experienced the same things when they were children."

Kraemingk and other relatively enlightened actors in the state are pushing for enhanced treatment opportunities and expanding drug courts, among other measures, to better deal with the situation, but nobody seems to be talking about not involving these women in the criminal justice system in the first place. A first step would be getting rid of that hideous "possession by ingestion" statute. The next step would be defelonization or outright decriminalization of drug possession in the state. Drug use absent harm to others should not be the state's business.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

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