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Chronicle AM: Trump Wants to Execute Drug Dealers Again, USSC Pick is Hardliner, More.... (2/2/18)

The president goes public with previously only privately uttered remarks about wanting to execute drug dealers, one of his picks for the Sentencing Commission is horrid, and more.

Trump talks tough on drug dealers, but his Sentencing Commission pick may be a more serious threat. (Gage Skidmore/Wikimedia)
Marijuana Policy

Rhode Island Marijuana Legalization Commission Delays Report. A commission of lawmakers, medical marijuana patients, health providers, and law enforcement that was supposed to release its findings on March 1 didn't do so—and it won't do so this year. Instead, lawmakers are proposing a bill, House Joint Resolution 7529, to extend the commission's work for another year, with a report due out next February. While legalization at the state house was unlikely this year, now it's even more unlikely, although not impossible.

Medical Marijuana

West Virginia House Passes Medical Marijuana Expansion Bill. The House of Delegates on Wednesday approved House Bill 4345, which will increase the number of growers, processors, and dispensaries that can operate in the state. The bill also allows businesses to operate in all three sectors and allows patients to preregister before the anticipated July 2019 rollout. The bill does not include allowing the use of raw marijuana, but that could be added as an amendment in the Senate.

Drug Testing

Vermont House Approves Saliva Drug Testing for Drivers. The House on Friday gave preliminary approval to House Bill 237, which would allow police to drug test saliva during traffic stops. Approval came after an amendment to require that the accuracy of the devices be verified by at least two peer-reviewed studies. Under the bill, test results alone would not lead to arrest or conviction, but impairment would be determined by police. Some lawmakers said that because the saliva tests can detect metabolites for up to 30 days, unimpaired drivers could find themselves charged with drugged driving.

Law Enforcement

President Trump Comes Out and Almost Says It: Drug Dealers Should Be Executed. Reports earlier this week had the president privately calling for the execution of drug dealers, but he went on the record at the White House meeting on opioid policy Thursday. "Some countries have a very, very tough penalty. The ultimate penalty," he said. "And by the way they have much less of a drug problem than we do. So we’re going to have to be very strong on penalties. We have pushers and we have drug dealers that kill hundreds and hundreds of people and most of them don't even go to jail," he said. "If you shoot one person, they give you life, they give you the death penalty. These people [who sell drugs] can kill 2,000, 3,000 people and nothing happens to them."


One Trump Sentencing Commission Nominee Really Likes Imprisoning People. President Trump nominated five people to the US Sentencing Commission Thursday, and one of them is an absolute sentencing hardliner. Nominee Bill Otis, "a prominent pro-prosecution crusader" who "passionately defends the same law-and-order policies that created our current crisis of mass incarceration," according to Slate, which provides a comprehensive listing of his anti-reform positions and activities. "It’s easy to see why the Trump administration settled on Otis for the Sentencing Commission: He will be able to advocate for the draconian punishments that Trump and Sessions have championed." 

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.


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."

Eight Things That Do (or Don't) Happen When We Legalize Marijuana [FEATURE]

The great social experiment that is marijuana legalization is now five years old, with six states already allowing legal marijuana sales, two more where legal sales will begin within months, and yet another that, along with the District of Columbia, has legalized personal possession and cultivation of the herb.

As a number of state legislatures -- including Connecticut, Delaware, New Hampshire, New Jersey, New Mexico, and New York -- seriously contemplate joining the parade this year, it's more important than ever to be able to assess just what impact marijuana legalization has had on those states that have led the way.

The prophets of doom warned of all manner of social ills that would arise if marijuana were legalized. From hordes of dope-addled youths aimlessly wandering the streets to red-eyed carnage on the highway, the divinations were dire.

So far at least, they were wrong. And while things will doubtless continue to evolve over the long term, as the industry matures, prices possibly drop, regulations change, and familiarity with legal marijuana grows, so far things are looking pretty encouraging. A report released Tuesday by the Drug Policy Alliance, From Prohibition to Progress, takes a long look at what has happened in the states have legalized it:

1. Marijuana arrests plummeted.

Well, of course. If there's one thing you could predict about legalizing marijuana, this is it. The decline in the number of pot arrests is dramatic: 98% in Washington, 96% in Oregon, 93% in Alaska, 81% in Colorado, 76% in DC. That means tens of thousands of people not being cuffed, hauled away, and branded with lifelong criminal records, with all the consequences those bring.

The savings in human dignity, liberty and potential are inestimable, but the savings to state criminal justice and correctional systems are not: The report puts them at hundreds of millions of dollars.

2. …But the racial disparities in marijuana arrests have not ended.

While marijuana legalization dramatically reduces the number of people arrested for marijuana offenses, it clearly does not end racially disparate policing. The vast disparities in marijuana arrests remain, even in legal states. Black and Latino people remain far more likely to be arrested for marijuana offenses than white people, despite similar rates of use and sales across racial groups. There is work to be done here.

3. A tide of teenage weed heads is not unleashed upon the nation.

High school kids in the earliest legalization states smoke pot at rates similar to kids in states that haven't legalized it, and those rates have remained stable. In the later legalization states, rates of teen use vary widely, but have mostly stabilized or declined in the years leading up to legalization. And in those latest states -- Maine, Massachusetts, Nevada, California -- regulatory programs are either not yet in place or so new they're unlikely to have effected youth use rates.

4. The highways remain safe.

In the earliest legalization states, Colorado and Washington, the total number of arrests for driving under the influence of alcohol and other drugs is down, and the crash rates in both states are statistically similar to states that haven't legalized it. In fact, there seems to be no correlation between legalization and crash rates.

5. States with legal marijuana have lower rates of opioid-related harms.

In Colorado, an upward trend in overdoses began to decline after 2014, the first year of retail pot sales in the state. Other positive indicia come from medical marijuana states, which report a nearly 25% drop in overdose death rates, a 23% reduction in opioid addiction-related hospitalizations and a 15% reduction in opioid treatment admissions.

6. Marijuana tax revenues are big -- and bigger than predicted.

Legalization states have collected more than a billion dollars in pot tax revenues -- and that's not counting the monster market in California, where recreational sales just began this month. Likewise, slow rollouts of taxed and regulated marijuana commerce in Maine and Massachusetts, mean no tax dollars have yet been generated there. In the states that do have legal pot sales, overall sales and tax revenues quickly exceeded initial estimates.

7. Marijuana tax dollars are going for good things.

Like $230 million to the Colorado Department of Education in two years to fund school construction, early literacy, school health, and bullying prevention programs. Likewise, schools in Oregon get 40% of the pot taxes and schools in Nevada will get $56 million in wholesale pot tax revenues. Oregon also allocates 20% of pot taxes for alcohol and drug treatment, while Washington kicks in 25%. In Washington state, 55% of pot tax revenues fund basic health plans.

8. Legal marijuana is a job creation engine.

The legal marijuana industry has already created an estimated 200,000 full- and part-time jobs, and that's before California, Maine, and Massachusetts come online. As marijuana moves from the black market to legal markets, weed looks like a growth industry and job generator for years to come.

"Marijuana criminalization has been a massive waste of money and has unequally harmed black and Latino communities," said Jolene Forrman, staff attorney at the Drug Policy Alliance and author of the report. "This report shows that marijuana legalization is working. States are effectively protecting public health and safety through comprehensive regulations. Now more states should build on the successes of marijuana legalization and advance policies to repair the racially disparate harms of the war on drugs."

In addition to reforming police practices to reduce racial disparities, the report also says there is more work to be done on fostering equity within the marijuana industry and points to models for doing so, such as the California provision that having a prior drug conviction can't be the sole basis for denying a marijuana license.

Having places where people can actually smoke legal marijuana also remains an issue, the report noted. Public consumption is not allowed in any of the legal states. It's a ticketable offense in some and a misdemeanor in others. Public use violations are also disproportionately enforced against people of color, and the imposition of fines could lead to jail time for poor people unable to pay for the crime of using a legal substance.

And what about the kids? The report notes that while legalization has generally resulted in reducing historically high numbers of young people being stopped and arrested for pot offenses, these reductions are inconsistent, and in some circumstances, young people now comprise a growing percentage of marijuana arrests. A model could be California, where kids under 18 can only be charged with civil infractions.

Legalizing marijuana may be necessary for achieving social justice goals, but it's not sufficient for achieving them. As this report makes clear, how we legalize marijuana matters, and that's still a work in progress. But so far, it's looking pretty good.

Chronicle AM: Fed Bill to Protect State-Legal MJ, PA Protects MedMJ Gun Rights, More... (12/15/18)

Members of Congress moved in two different ways to protect state-legal marijuana, a leading Illinois gubernatorial candidate doubles down on support for legalization, Pennsylvania moves to protect the Second Amendment rights of medical marijuana patients, and more.

Efforts to protect state-legal marijuana heat up on Capitol Hill. (Wikimedia)
Marijuana Policy

Nearly 70 Congress Members Sign Letter Supporting Amendment to Protect State-Legal Marijuana. A letter sent last Friday to the House leadership asking it to include an amendment blocking the Justice Department from spending funds to go after state-legal marijuana came with the signatures of 69 US representatives. They want the McClintock-Polis Amendment included in "any forthcoming appropriations or funding bill."

Oakland Congresswoman Files Bill to Protect State-Legal Marijuana. Rep. Barbara Lee (D-CA) filed the Restraining Excessive Federal Enforcement & Regulations of Cannabis (REFER) Act of 2018 (HR 4779) last Friday. It would bar federal agencies from spending money to "detain, prosecute, sentence, or initiate civil proceedings against an individual, business or property, that is involved in the cultivation, distribution, possession, dispensation, or use of cannabis" when those actions comply with state law or local regulations.

Illinois Democratic Gubernatorial Candidate Will Make Marijuana Legalization Centerpiece of Campaign. Democratic gubernatorial candidate JB Pritzker signaled last Friday that he intends to make marijuana legalization central to his campaign. At a press conference, the businessman said he would "intentionally include black and brown entrepreneurs" in the state's legal marijuana business as a way of addressing "historically systemic racism." Embracing legalization helps draw a distinction between Pritzker and both one of his main Democratic competitor, Chris Kennedy, who more cautiously embraces decriminalization, and incumbent Gov. Bruce Rauner (R).

Medical Marijuana

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

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

Drug Policy

Pennsylvania Sued Over Taking Drivers' Licenses for Drug Offenses. Two men convicted only of minor drug offenses filed suit last Wednesday in Philadelphia against the state for its law mandating drivers' license suspensions for non-driving-related offenses. "Drug convictions are the only crimes for which the Department of Transportation suspends the driver's licenses of adults over 21," the complaint says. The state "thus punish[es] people found in possession of a small amount of marijuana (unrelated to driving) as harshly as those who have been convicted of aggravated assault while driving under the influence, vehicular manslaughter, or any other dangerous activity that results in the loss of one's ability to drive." Such laws were once the norm, but have now been abolished in 38 states.


Greece Moves Toward Allowing Medical Marijuana. A Greek government official said Sunday that the parliament is expected to approve a medical marijuana bill in coming weeks. "In a few weeks' time, an amendment will be brought to parliament to define the legislative framework for the cultivation and manufacturing of pharmaceutical products based on medical cannabis, which will open the way for Greek and foreign investments," deputy agricultural development minister Yannis Tsironis told AFP. Last year, the government authorized the import of several medical marijuana products; now it appears ready to take the next step.

(This article was prepared by'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: New CA Pot and Driving Laws, IL Black Heroin Problem, More... (12/27/17)

Getting caught using marijuana while driving will soon net you a $70 ticket in California, the Urban League charges that black heroin and opioid problems in Illinois don't get enough attention, pilots will soon face DOT testing for prescription opioids, and more.

people lining up to buy heroin in Chicago, 2016 (Chicago PD)
Marijuana Policy

New California Pot and Driving Laws Go into Effect Next Week. As the state enters the legal marijuana commerce era on January 1, residents and visitors should be aware of two bills related to marijuana and driving that go into effect on that date. Senate Bill 65, signed into law by Gov. Jerry Brown (D) in September, makes consuming marijuana while driving an infraction punishable by a $70 ticket. Another measure, Senate Bill 94, makes it illegal to possess an open container of cannabis or a cannabis product in an operating motor vehicle.

New Mexico Lawmaker to Try Again on Legalization Initiative Bill. State Sen. Jerry Ortiz y Pino (D-Albuquerque) has been trying to legalize marijuana for several years now and is vowing to get back to work on it when the legislature convenes next month. Ortiz y Pino has pre-filed a bill, Senate Joint Resolution 4, that would allow legalization to be put to a popular vote if approved by a two-thirds vote of the legislature. This year, a similar bill died in committee, but Ortiz y Pino is undaunted.

Heroin and Prescription Opioids

Urban League Charges Black Addiction and Deaths Get Short Shrift. In a new paper, Whitewashed: The African-American Opioid Epidemic, the Urban League finds that blacks make up a disproportionate amount of opioid overdose deaths in the state, but are less likely to get help because Cook County, where two thirds of the state's black population resides, has a relative scarcity of clinics offering buprenorphine. The report notes that such facts are too often missing in the debate over heroin, which is focused primarily on white users in rural and suburban areas. It also finds that while suburban areas have reacted by trying to guide users into treatment instead of jail, a hard-nosed drug war approach remains the rule in Chicago's poor neighborhoods.

Drug Testing

DOT to Begin Screening for Four Powerful Opioids in Pilot Drug Tests. Beginning January 1, the Department of Transportation will begin screening for four powerful prescription opioids in random drug tests of pilots, both private and commercial. They are hydrocodone, oxycodone, hydromorphone, and oxymorphone. That includes pharmaceuticals such as Oxycontin, Percocet, Percodan, Vicodin, Lortab, Nelco, and Dilaudid.

Chronicle AM: Wyden Signs On to Booker Pot Bill, Ithaca Safe Injection Site Talks, More... (12/19/17)

Cory Booker's federal marijuana bill finally finds another sponsor, Kentucky's ag commissioner pronounces himself "dumbfounded" at the DEA's recalcitrant position on industrial hemp, and more.

Cory Booker is feeling just a little less lonely after picking up Ron Wyden as a cosponsor for his marijuana bill. (Wikimedia)
Marijuana Policy

Wyden Signs On to Booker's Federal Marijuana Bill. Sen. Ron Wyden (D-OR) announced Monday that he is cosponsoring Sen. Cory Booker's Marijuana Justice Act, Senate Bill 1689. The bill would remove marijuana from the Controlled Substances Act, allowing states to legalize it without fear of federal interference. The bill would also withhold funds from states that continue to criminalize marijuana and disproportionately arrest and imprison minorities for marijuana offenses, as well as allowing people sentenced under racially biased marijuana law enforcement to file civil lawsuits against their states. Wyden is the only cosponsor of the bill so far.


Kentucky Ag Commissioner "Dumbfounded" at DEA Position on Hemp. Agriculture Commissioner Ryan Quarles has written a letter to the DEA requesting a meeting about hemp policy. "I was dumbfounded" to read about the DEA's position that hemp-derived CBD oils are illegal, even if they contain no THC," Quarles wrote. "Consumable hemp products are legal to buy," Quarles noted. But the DEA maintains that hemp is the same thing as marijuana, and DEA spokesman Melvin Patterson responded that Quarles is "knocking on the wrong door." Patterson said the DEA was simply enforcing the Controlled Substances Act, and if people want to change hemp policy, they need to talk to Congress.

Drug Testing

Illinois Roadside Drug Testing Pilot Program Coming Soon. Police in the northwestern town of Carol Stream will begin a pilot roadside drug testing program in February. Officers will use mouth swabs to screen for marijuana, cocaine, amphetamines, methamphetamines, and opiates. Testing will begin on a voluntary basis, with drivers asked if they will consent to giving a saliva sample. The test results could be used to help police build drugged driving cases, but since Illinois does not have a zero tolerance drugged driving policy, test results alone would not be sufficient to prove guilt.

Harm Reduction

Ithaca, New York, Continues Discussions on Safe Injection Site. County officials on Monday continued discussing a proposal from Mayor Svante Myrick to open a safe injection site for heroin users in the city. The county legislature's Health and Human Services Committee heard from proponents of the harm reduction measure in what is the second hearing on the topic in two months.

How Bigoted Pennsylvania Drug Warriors Turned This New York Man's Life into a Living Hell [FEATURE]

In June, 2014, Wilfredo Ramos was driving back to his Brooklyn home after visiting his mother in Lancaster, Pennsylvania when two Pennsylvania State Police troopers detoured him into a Kafkaesque nightmare from which he emerged only five months later.

The traffic stop from hell happened to Wilfredo Ramos -- and happened, and happened. (Sonoma County Sheriff's Office)
In the meantime, Ramos rotted in jail on bogus charges, losing his job, his car, and his apartment. Now, in a small gesture of redress, the State Police have agreed to pay Ramos $150,000 for his travails in a taxpayer-funded settlement, but the cops still admit no fault or liability.

According to the lawsuit that ended in the settlement, Ramos' nightmare began when he was pulled over by Troopers Justin Summa and Kevin Vanfleet on June 6, 2014. Neither trooper said why they stopped Ramos, and the suit alleged they were engaged in racial profiling because Ramos is Hispanic and was driving a car with New York plates.

Summa claimed he smelled alcohol, and Ramos replied that he had not been drinking. Summa then challenged Ramos, citing his ethnicity and place of residence. "We know you have drugs," Summa told him, "just tell us where they are." Ramos denied possessing any drugs.

Summa then administered a Breathalyzer test, which came back negative for alcohol, and ordered Ramos to perform field sobriety tests, which he completed without any problem. The encounter should have ended at that point, with Ramos being thanked for his cooperation and sent on his way, since there was no evidence he had committed any crime.

But that's not what happened. Instead, although Ramos had cleared all the tests and although they lacked probable cause, Troopers Summa and Vanfleet arrested Ramos for driving under the influence, giving them a pretext to search his vehicle in their quest to make a drug bust. Their search turned up nothing.

The troopers then took Ramos to state police headquarters where they administered yet another Breathalyzer test, which they described as "inconclusive." The next stop was the Lehigh County DUI center, where Ramos consented to have his blood drawn to be tested.

According to the lawsuit, typical practice in Lehigh County is that people arrested under suspicion of drunk driving who have no prior drunk driving arrests and where there was no accident or injuries are released pending blood test results. That didn't happen with Ramos. Instead, he was held under $10,000 cash bail -- an amount he could not raise.

As Ramos rotted in jail, his blood sample was tested twice by the Lehigh Valley Health Network Laboratory, which found on June 18, 2014, that it contained no drugs or alcohol. Trooper Summa then ordered a third test of the sample, this time for a broader spectrum of substances, but again the results were negative.

On the same day the test results came in, Summa testified in a preliminary hearing on Ramos' case that the results were not yet in. He did not tell the court about the negative test results. Ramos remained in jail for 158 days until he was found not guilty in Lehigh County Court after blood tests showed no illegal substances or alcohol in his system.

While Ramos was jailed, he was fired from his job and lost his home. He lost his car, too: The tow truck operator notified Ramos by mail about a deadline to retrieve his vehicle, but because Ramos was in jail, no one was at his residence to receive the letter.

Ramos' lawsuit charged that Troopers Summa and Vanfleet conspired to falsely arrest him despite finding no evidence that he was impaired or had drugs in his car. The lawsuit also named five state police supervisors, from the troop commander to former state police Commissioner Francis Noonan, as liable for racially motivated misconduct, unlawful seizure, violations of due process of law, denial of equal rights, conspiracy to interfere with civil rights, and other Civil Rights Act violations.

While the State Police admitted no fault or liability, their willingness to settle the case speaks for itself.

Attorney Joshua Karoly, who represented Ramos in the lawsuit, was magnanimous after the settlement was announced. "It was a mistake that this happened, and this resolution is going to go a long way toward getting his life back on track to where it was before this happened," Karoly told the Lancaster Morning Call. "It makes mistakes like that much less likely when they're brought to the public's attention."

Chronicle AM: MD Sees First MedMJ Sale, PA Pays for False Drugged Driving Arrest, More... (12/4/17)

Lots of medical marijuana news today, plus Pennsylvania has to pay out for a bogus drugged driving arrest that saw a man jailed for five months, and more.

Medical marijuana sales started last Friday in Maryland. (Creative Commons)
US Surgeon General Says Medical Marijuana Should Be Treated Like Other Drugs. Surgeon General Jerome Adams said last Friday that marijuana should be treated and studied like other pain relief drugs, but that he was opposed to recreational legalization. "Under medical marijuana, I believe it should be like any other drug," he said. "We need to let the FDA vet it, study it, vet it. The FDA has actually approved cannabidiol oil and some derivatives of marijuana, Marijuana is not one substance. It's actually over 100 different substances, some of which benefit, some of which are harmful."

Arkansas Regulators Set Timeline. The Arkansas Medical Marijuana Commission announced last Friday that medical marijuana cultivation licenses would be issued in about three months, and dispensary licenses would be issued three months after that. The date for announcing cultivation licenses is February 27; a firm date for dispensary licenses isn't set yet. The commission anticipates medical marijuana on dispensary shelves by the middle of next year.

Maryland Medical Marijuana Sales Begin. The first legal medical marijuana sale in the state took place last Friday, after years of delays. A handful of dispensaries have received shipments of medical marijuana, while others said they expected to come online soon. The state's first legal pot crop was grown this fall.

Montana Medical Marijuana Providers, Patients Oppose New Regulations. At a hearing last Thursday at the Department of Public Health and Human Services, patients and providers complained that proposed regulations would place significant cost and time burdens on them. Among provisions criticized were high licensing fees and requirements for extensive product-safety testing.

Ohio Gets Sued Over Commercial Grower Application Process. One day after the state announced its choices for a second batch of commercial cultivation licenses for medical marijuana, one of the losers in the process has filed a lawsuit challenging the scoring process for applications. The state law allowing medical marijuana sets a September 8, 2018 deadline for sales to begin, the timetable is already tight, and any further delays could put that date in doubt.


Wisconsin Governor Signs Hemp Bill. Gov. Scott Walker (R) last Thursday signed into law a bill that allows farmers in the state to grow hemp. Under the bill, hemp plants can't contain more than 0.3% THC, and no one with a drug conviction can be a hemp farmer.

Law Enforcement

Pennsylvania Pays $150,000 for Falsely Jailing Man as Suspected Drugged Driver. The State Police will pay $150,000 to a New York Hispanic man who was jailed for five months even though he passed Breathalyzer and field sobriety tests and subsequent blood testing showed no presence of alcohol or illegal drugs. Wilfredo Ramos sued for false imprisonment and false arrest. He lost his car, his job, and his apartment while sitting in the Lehigh County Jail for months even after test results came back.


Australia Federal Government Gives Up on Welfare Drug Testing Scheme. Federal Social Services Minister Christian Porter confirmed Monday that he was removing drug testing of welfare recipients from the government's welfare reform bill in the face of stiff opposition from experts and elected officials. Porter said he didn't want to sacrifice the entire welfare piece to controversy over the drug testing provision.

Swedish High Court Rejects Medical Necessity Defense for Growing Marijuana Plant. The Supreme Court has ruled against a man who grew marijuana to treat neuropathic pain from a motorcycle accident, as well as for anxiety and depression. The man had been acquitted of cultivation charges in August by a lower court, but an appellate court reinstated the conviction, and now the Supreme Court has echoed that decision. The court did suggest that the parliament could amend laws to allow for medical marijuana, and it went relatively lightly on the patient, fining him $616 and giving him no jail time.

Chronicle AM: MA Drops 6,000 More Tainted Drug Cases, German MJ Petition Scores, More... (12/1/17)

Washington state ponders allowing home marijuana cultivation, Michigan legalizers are drawing organized opposition, Ohio's medical marijuana program takes another step forward, and more.

The Michigan legalization initiative is getting organized opposition, including from medical marijuana interests.
Marijuana Policy

Michigan Legalization Initiative Drawing Organized Opposition. At least two groups are gearing up to fight the legalization initiative that now looks very likely to qualify for the November 2018 ballot. One group, Healthy and Productive Michigan, is led by a Republican-connected political consultant and claims to represent business, faith, and law enforcement groups opposed to legalization. The other group, the Committee to Keep Pot Out of Neighborhoods, appears to have a purely pecuniary interest: It is funded by the Michigan Responsibility Council, a group of businessmen who want to get into the medical marijuana business.

New Jersey Lawmaker Files Bill to Require Blood Samples of Suspected DUID Drivers. Assemblyman Anthony Bucco (R-Morris) has filed a bill that would require police officers to take blood samples from anyone arrested for drug-impaired driving. "This bill will be a useful tool for law enforcement in their efforts to prosecute and convict people who refuse to be tested and who are likely driving while impaired," Bucco said in a statement. "Driving under the influence of marijuana should be treated no differently than driving under the influence of alcohol." The move comes as a push for legalization is about to get underway in the legislature.

Washington State Regulators Release Report on Home Grow Issues. The state Liquor and Cannabis Board released a report Wednesday on the potential costs and challenges associated with allowing personal marijuana cultivation. Washington is the only legal marijuana state that does not allow for home cultivation. The report doesn't make any recommendations, but includes a list of concerns lawmakers will need to address if they do try to change the law.

Medical Marijuana

Ohio Licenses Another Dozen Large Medical Marijuana Grow Ops. State regulators licensed a final 12 medical marijuana cultivators Wednesday. They licensed a first dozen cultivators earlier this year. Each of the large growers can grow up to 25,000 square feet. They now have nine months to get up and running, with sales set to begin in September.

Heroin and Prescription Opioids

West Virginia Seeks Public Input on Opioid Policy. The state Department of Health and Human Resources Office of Drug Control Policy announced Thursday it had developed a plan to combat the opioid epidemic, but it is asking state residents to help develop the plan through public comment and recommendations through December 15. The office is also coordinating with a panel of public health experts from West Virginia University, Marshall University and Johns Hopkins University.

Law Enforcement

Massachusetts Prosecutors Drop Another 6,000 Tainted Drug Cases. Local prosecutors have dropped more than 6,000 drug cases tainted by former state public chemist Sonja Frank. The move comes months after prosecutors dropped another 21,000 cases tainted by another state public chemist, Annie Dookhan.


German Activist Petitions Will Force Bundestag Debate on Marijuana Legalization. A petition from the German Hemp Association has reached the required threshold of 50,000 signatures to trigger a debate in the Bundestag. That doesn't mean the Bundestag will legalize marijuana, but it does mean it will have to put the issue on its agenda.

. Scottish Parliamentarians Call for New Approaches to Stop Overdoses. Members of parliament from all five Scottish parties united to call on Scotland's Futures Forum, parliament's independent think tank, to come up with fresh policy solutions to stem a rising overdose toll. "Drugs and drugs policy is one of the biggest issues facing communities across Scotland," said Labor MP Neil Findlay. "None of the signatories to this letter has the answer but we are willing to say that whatever we are doing at the moment just isn't working."

Chronicle AM: Good NY Marijuana Poll, CT Governor Candidates to Talk Pot Tomorrow, More... (11/27/17)

A new New York poll has support for marijuana legalization at 62%, Michigan Libertarians protest a roadside drug testing program, Alberta will let hotels allow pot smoking in guest rooms, and more.

Marijuana Policy

First Connecticut Gubernatorial Debate Tuesday Night Will Focus on Marijuana. The state's first debate of the 2018 gubernatorial campaign will focus on marijuana. The debate is being hosted by Connecticut NORML and the Yale Students for Sensible Drug Policy chapter. Democratic candidates Dan Drew and Jonathan Harris, Republican candidate Prasad Srinivasa, and independent candidate Micah Welintukonis will all be there.

Nevada Gaming Policy Committee to Review Pot in Casinos. Beginning on Wednesday, the committee will begin reviewing whether there is some way the casino industry can find a way to coexist with legal marijuana businesses. The committee is not pondering whether to allow pot smoking among the slot machines, but whether casino properties could be used for marijuana-related business events.

New Hampshire Marijuana Legalization Committee Meets for Third Time. A legislative committee studying the legalization, regulation, and taxation of marijuana met for the third time Monday. It heard from representatives of the state banking and agriculture departments, as well as from the Marijuana Policy Project.

New York Poll Has Healthy Majority for Legalization. A poll commissioned by the Drug Policy Alliance and the Marijuana Policy Project has support for marijuana legalization at 62%, with only 28% opposed. Poll respondents also named legalizing marijuana as the most popular way of addressing the state's budget deficit, with 60% supporting that.

Drug Testing

Michigan Libertarians Protest Highway Drug Testing Program. A small group of Libertarians, including state US Senate candidate Brian Ellison, held up signs outside Michigan Stadium on Saturday morning protesting the newly inaugurated Preliminary Oral Fluid Analysis drug testing pilot program launched by the State Police. Under the program, officers can use a roadside mouth swab to test for the presence of controlled substances. "We just wanted to raise awareness," Ellison told the Michigan Daily. "It's unconstitutional, it's really a terrible program. You're forced to put something in your mouth on the side of the road. You don't have a choice. It's forced on you." Under the law, refusing to submit to the test is a civil infraction.


Alberta Will Allow Hotel Owners to Okay Marijuana Use in Rooms. The province is set to become the first in Canada to allow consumption of marijuana outside the confines of a private residence, and the move could lead to a boom in pot tourism. "We recognize that not all Albertans would necessarily have a place to legally consume cannabis if we limited consumption to private residences, and we aren't yet in a position to license cannabis cafes or lounges as we need direction on edibles from our federal partners," Alberta Justice Minister Kathleen Ganley told the Marijuana Business Daily.

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

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