State & Local Legislatures

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Chronicle AM: NJ Gov Still Ready to Legalize It, Court Rejects OH MedMJ "Racial Quota," More... (11/16/18)

New Jersey Gov. Phil Murphy (D) is still committed to marijuana legalization, the Albany DA announces an end to low-level pot prosecutions, an Ohio court throws out a racial justice requirement in the state's medical marijuana licensing plan, and more.

Marijuana Policy

New Jersey Governor Reiterates Support for Legalization. In remarks to the state League of Municipalities Thursday, Gov. Phil Murphy (D) said he remains in favor of marijuana legalization. "I remain equally committed to sensible legislation to legalize adult use of marijuana, and to continue to expand our medical marijuana program, which can also be an important tool for fighting our opioid epidemic…."Legalization is the right thing to do, for safer communities, for protecting our kids, for erasing the stain that is keeping so many of our fellow New Jerseyans from a better future. Moreover, the overwhelming majority of New Jerseyans agree. We should listen to them. I am ready to work alongside the Legislature, and each of you, to get this done."

Albany, New York, DA Stops Prosecuting Low-Level Pot Cases. Albany County District Attorney David Soares has announced that as of December 1, his office will no longer prosecute anyone accused of possessing up to two ounces of marijuana. "We've been feeling the need to make this change for quite some time," Soares told reporters. But Soares warned that he would still prosecute low-level charges when someone is smoking in public, in a vehicle, or in front of children. 

Vermont Advisory Commission Recommends 26% Tax on Pot. A subcommittee of the governor's Marijuana Advisory Commission has recommended that if marijuana commerce is legalized, there should be a 20% excise tax on retail sales in addition to the state's 6% sales tax. The subcommittee also recommended earmarking marijuana tax revenues to the state education fund.

Medical Marijuana

Kansas Governor-Elect Supports Medical Marijuana. Laura Kelly, the Democrat who won a surprise victory in conservative Kansas, is ready to take the state down the path toward legal medical marijuana. "I think that there is some momentum in the legislature to pass, to legalize medical marijuana," she said. "I think we would do it Kansas-style, where it would be well-regulated. With a supporter in the governor's mansion, legislators no longer have to worry about coming up with supermajorities to overcome a gubernatorial veto.

Ohio Court Rules "Racial Quota" for Grow Licenses Unconstitutional. An Ohio district court has ruled unconstitutional the state's "racial quota" for selecting medical marijuana business licenses. The state's medical marijuana law requires 15% of all licenses to be awarded to businesses owned by racial minorities, and the state awarded two of 12 available licenses to minority-owned firms even though they scored lower than other applicants. One of the applicants who did not get a license sued. The ruling could prompt the state to award a provisional license to the plaintiff in order to make the case go away.

Utah Medical Marijuana Backers Threaten to Sue Over Mormon Church Involvement in Bill to Replace Prop 2. Medical marijuana supporters said Thursday they are exploring legal action to challenge the legislatures move to replace the voter-approved Prop 2 medical marijuana initiative "at the best" of the Mormon Church. Even though voters approved Prop 2 this month, lawmakers plan to meet in a December special sessions to replace the measure with a proposal more acceptable to opponents, including the church. "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the ... recognition in the Utah Constitution that the people are to have the power to enact legislative changes," attorney Rocky Anderson, former Salt Lake City mayor, wrote.

Chronicle AM: "Dozens" of Underground Safe Injection Sites in Seattle, NJ Pot Votes Coming, More... (11/15/18)

A local activist reveals that "dozens" of unpermitted safe injection sites are operating in the Seattle area, New Jersey legislative leaders say marijuana legalization will see votes this month, and more.

Vancouver's (legal) Insite safe injection site (vch.ca)
Marijuana Policy

GAO Scolds DEA over Marijuana Eradication Program. In a report released Wednesday, the Government Accountability Office (GAO) criticized the Drug Enforcement Administration (DEA) over failings in its marijuana eradication program. GAO charged that DEA failed to collect sufficient documentation from state and local law enforcement agencies that partnered with DEA in the program, a fault that could prevent DEA from accurately assessing program performance. Furthermore, DEA "has not clearly documented all of its program goals or developed performance measures to assess progress toward those goals," the report found.

New Jersey Legislative Leaders Say Vote on Marijuana Legalization Coming This Month. Assembly Speaker Craig Coughlin and Senate President Steve Sweeney said Wednesday the legislature would move on marijuana legalization this month. Coughlin said he had the votes in committee to pass legislation, while Sweeney said he needed help from Gov. Phil Murphy (D) to pick up necessary votes in the Senate. "The only way something like this gets passed legislatively is if all three of us work together," Sweeney said. "If (the governor's office is) not going to lobby any votes for us then it won't get done."

Wisconsin Legislator Will Be Back With a Legalization Bill Next Year. State Rep. Melissa Sargent (D-Madison) said Wednesday that she will once again file a marijuana legalization bill when the legislature convenes in January. Sargent has filed legalization bills every year since 2014 but has renewed momentum after voters in 16 counties and two towns voted for legalization in non-binding referenda in the midterms. "The facts clearly show that legalization is right for Wisconsin and that the most dangerous thing about marijuana is that it's illegal," she said.

Harm Reduction

"Dozens" of Underground Safe Injection Sites Are Operating in the Seattle Area. Harm reduction activist Shilo Jama has told a local media outlet that "dozens" of unpermitted safe injection sites are operating in Seattle and surrounding King County. "They're slowly developing their own culture and their own service. It's a lot like the speakeasies of old where you've got to know someone to be invited in. You need the password or some kind of information that you're not, kind of, out to get them," Jama said. Seattle and King County authorities are moving toward officially allowing such facilities, but local harm reduction activists aren't waiting.

Chronicle AM: Fed Sentencing Reform Bill Looms, HHS Recommends Kratom Ban, More... (11/13/18)

Congress could move on both sentencing reform and industrial hemp in the lame duck session, HHS recommends banning kratom, Thailand moves to legalize and regulate both kratom and medical marijuana, and more.

Despite spending $8 billion to suppress the poppy crop, the situation in Afghanistan is "worse than ever," a new report finds.
Sentencing Reform

Federal Sentencing Reform Bill Set to Advance. Key senators have reached a tentative agreement on a major criminal justice reform bill that is being supported by presidential advisor and Trump son-in-law Jared Kushner. The proposed legislation would boost rehabilitation efforts for federal prisoners and give judges more discretion when sentencing nonviolent offenders, particularly for drug offenses. The measure has support from both liberal and conservative groups, ranging from the ACLU to the Fraternal Order of Police and groups supported by the Koch brothers.

Marijuana Policy

Michigan Prosecutors Start Dropping Marijuana Cases. Local prosecutors are beginning to announce the dropping of charges in pending marijuana cases after voters last week voted to legalize the drug. Genesee County Prosecutor David Leyton said last Friday that "there will no longer be any prosecutions for possession or use of marijuana" in his jurisdiction, and other DAs are expected to follow suit.

Texas Lawmaker Files Marijuana Decriminalization Bill. State Rep. Joe Moody (D-El Paso) has prefiled a marijuana decriminalization bill for the 2019 legislative session. "Civil penalty legislation is the first thing I've filed on the first day of filing for the 86th Session. There's been an incredible swell of bipartisan support since last session, and the official Texas Republican and Democratic platforms both approve of this kind of reform now," Moody said in a press release. "I'm optimistic that this will be the session we finally see smarter, fairer marijuana laws in Texas."

Medical Marijuana

Connecticut Adds Chronic Neuropathic Pain to List of Qualifying Conditions. The General Assembly's Regulations Review Committee has agreed that chronic neuropathic pain associated with degenerative spinal disorders is eligible for treatment with the drug. That makes it the 31st specific condition considered a qualifier for medical marijuana.

Industrial Hemp

McConnell Says Hemp Provision Will Be in Farm Bill. Senate Majority Leader Mitch McConnell (R-KY) said Friday that completing work on a new farm bill is a top priority and that a provision to fully legalize hemp cultivation will be included.

Kratom

HHS Recommends Banning Kratom. The Department of Health and Human Services has recommended that kratom be placed in Schedule I of the Controlled Substances Act. HHS sent a letter to the DEA saying that two chemicals in the herbal supplement should be Schedule I. The recommendation is in line with past public statements from FDA Commissioner Scott Gottlieb, who calls kratom "an opioid" and says it has been "associated" with dozens of deaths.

International

Thai Congress Proposes Legalizing Kratom, Medical Marijuana. The National Legislative Assembly has officially proposed allowing the licensed use of medical marijuana and kratom. The two drugs would be placed in a legal category that would allow their licensed possession and distribution. The Health Ministry will review the proposal before submitting it to the cabinet, which could amend it before returning it to the legislature. The entire process could be completed by year's end.

Foreign Policy

Afghan Opium Problem "Worse Than Ever," Inspector General's Report Finds. Despite the US spending more than $8 billion to reduce opium cultivation in Afghanistan, the problem is "worse than ever," a new report from the Special Inspector General for Afghanistan Reconstruction (SIGAR) finds. "No counterdrug program undertaken… by the United States, its coalition partners, or the Afghan government resulted in lasting reductions in poppy cultivation or opium production," the report stated.

Chronicle AM: Legal MJ Shortages, Mexico to Move Toward Legal MJ Market, More... (11/3/18)

The Granite State has a new guide to marijuana legalization, ONDCP releases coca cultivation and cocaine production figures for Peru and Bolivia, Canada suffers legal pot shortages, and more.

North America is becoming a very weed-friendly continent. (Creative Commons)
Marijuana Policy

New Hampshire Commission Issues Marijuana Legalization Report. The Commission to Study the Legalization, Regulation, and Taxation of Marijuana has released its report, complete with 54 separate recommendations on how legalization should be implemented. Among them are creating a state-level Cannabis Commission to regulate it, similar to the way the state regulates alcohol. The group estimated that legalization could bring in revenue of $36.6 million a year once the market stabilizes, and possibly reaching $47 million. The report is designed to help guide any legislative moves toward legalization.

Medical Marijuana

Iowa Regulators Reject Bid to Raise THC Cap on New Medications. The state's Medical Cannabinoid Board voted unanimously last Friday to rebuff an effort to raise the 3% THC cap on new medications. Proponents argued that more THC is more effective in treating some conditions, while critics worried that lifting the limit could encourage abuse. "I'd like to get another year or two under our belts and see how people respond with the current THC cap," said board member Lonny Miller, a family physician from Creston.

Foreign Policy

ONDCP Releases Data on Coca Cultivation and Cocaine Production in Peru and Bolivia. The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) released the US government's annual estimates of coca cultivation and cocaine production for Bolivia and Peru last Friday. Although Peru produces more coca and cocaine than Bolivia, and although Peru's coca cultivation and potential cocaine production are trending up while Bolivia's are trending down, ONDCP was more critical of Bolivia. "The ongoing coca --cultivation in both Peru and Bolivia pose a threat for us as a nation, and aggravates our domestic drug addiction crisis," said ONDCP Deputy Director Jim Carroll. "It is important that our governments work together to take action against cultivation and production, and to save lives of those affected by drug trafficking. Peru continues to be a great partner and we have a shared responsibility to address this problem. In Bolivia, we would like to see real efforts against cultivation and production."

International

Canada Struggles to Meet Huge Demand for Legal Marijuana. Just two weeks after legal retail marijuana sales began, Canadian pot retailers -- both physical and online -- are having problems dealing with unexpectedly high demand. In much of the country, the legal supply has almost entirely dried up. "There is not enough legal marijuana to supply all of recreational demand in Canada," said Rosalie Wyonch, a policy analyst at the CD Howe Institute. "The shortages are happening faster than I would have expected, but our research suggested quite strongly that there would be shortages in the first year of legalization."

Colombia Announces New Strategy to Disrupt Drug Trade. Last Thursday, Colombian Attorney General Nestor Humberto Martinez announced a new "disruption policy" of going after the cocaine trade by cutting access to alkaloids and power sources in rural areas. He called for "petrochemical innovation" so that fuels stop yielding the factors needed to create cocaine hydrochloride, as well as restricting the sale of government-subsidized gasoline in cocaine and marijuana producing regions. But one analysis says the proposals "might sound innovative on paper but are unlikely to have a major impact on the drug trade and may end up hurting long-suffering residents."

Mexico's Ruling Party Plans Legislation To Legalize Marijuana Sales. Less than a week after the country's Supreme Court ruled that laws barring the personal use, possession, and cultivation of marijuana are unconstitutional, key figures in the ruling MORENA Party are already moving to craft legislation to create a legal marijuana market. First, they say, they will move to repeal the now null and void criminal laws against marijuana, and then, "We are going to take a step forward in the regulation that may already involve the production, marketing and distribution of marijuana," said Olga Sánchez Cordero, a senator who is expected to become interior secretary in the incoming government of President-elect Andrés Manuel López Obrador. "I say it from the heart: we celebrate it, the Court is setting a marvelous precedent for us to walk in that direction," Sánchez added.

Chronicle AM: Mexico Supreme Court Ends Marijuana Prohibition, Feds Reject WI Medicaid Drug Tests, More... (11/1/18)

Mexico's Supreme Court strikes a fatal blow against marijuana prohibition, medical marijuana is now available by prescription in the United Kingdom, a Colorado jury rejects an effort to blow up the state's legal marijuana system, and more.

Marijuana Policy

Colorado Federal Jury Throws Out RICO Case Threatening State Marijuana Law. That didn't take long. A Denver federal court jury took only a few hours Wednesday to reach a verdict against a couple who claimed a marijuana cultivation operation was ruining their property values and threatening their lifestyle. The couple, aided by anti-marijuana attorneys, had attempted to use federal RICO statutes to undermine the state law, arguing that because marijuana is still federally illegal, its production violates federal racketeering laws. But the jury didn't buy it.

Drug Testing

Wisconsin Governor's Plan to Require Drug Testing for Medicaid Rejected. The federal Center for Medicare and Medicaid Services has rejected a proposal from Gov. Rick Scott (R) to require drug testing as a condition for receiving Medicaid benefits. Walker had proposed several changes to the state program, known as BadgerCare, and the administration approved requiring childless adults to work or lose coverage, but not the proposed drug testing. Instead of requiring drug screening and testing, Medicaid applicants will now have to complete a health assessment with questions about drug use. If the assessment indicates concerns about drug use, the applicant will be referred to treatment, but not required to go.

Harm Reduction

New York City Legislation Would Expand Opioid Treatment at Homeless Shelters. City Councilman Stephen Levin (D-Brooklyn) Wednesday filed legislation to increase access to opioid treatment at city homeless shelters. The bill would allow for easier access "We can't continue to sit by and do nothing," said Levin. "As we've seen in New York City and throughout the country, the status quo is not working. People are overdosing on opioids every day in New York City -- more than homicides and traffic fatalities combined."

International

Mexico Supreme Court Strikes Down Marijuana Prohibition. In a pair of rulings Wednesday, the Supreme Court of Mexico ruled that the country's ban on marijuana violates individual autonomy protections in the Mexican constitution. The court said adults have the right to grow, possess, and use marijuana, but that the government retains the right to regulate consumption. It also directed the federal health agency to begin to develop regulations reflecting the decision. The ruling does not legalize marijuana commerce; it would be up to the Mexican congress to take up that issue.

Medical Marijuana Now Legal in Great Britain. As of Thursday, November 1, some medical marijuana patients will be able to legally seek and obtain their medicine. Legal access to medical marijuana will be limited to patients who have "an unmet special clinical need that cannot be met by licensed products." It will be up to a special panel to determine who meets that condition, but there are worries that the system may prove too unwieldy to satisfy the needs of hundreds of thousands of potential patients.

Chronicle AM: Brazil's New Leader is Bad News on Drug Policy, CO Legalization Faces RICO Suit, More... (10/30/18)

A lawsuit using federal RICO statutes to challenge Colorado marijuana legalization got underway today, North Dakota medical marijuana patients and caregivers can now apply to the registry, Brazil's president-elect is a giant step backward on drug policy, and more.

Brazilian President-Elect Jair Bolsonaro favors harshly repressive drug policies. (Creative Commons)
Marijuana Policy

Colorado Lawsuit Challenging State's Marijuana Law Goes to Trial. A lawsuit filed by two landowners who claim that a nearby marijuana grow has reduced their property values -- in part because the smell allegedly makes horse riding less attractive -- got underway in federal court in Denver Tuesday. The case is based on federal racketeering laws, and an adverse decision could have significant disruptive effects on the state's marijuana industry. The lawsuit was filed by Safe Streets Alliance, a national anti-marijuana group.

New Jersey Lawmakers Aim for Marijuana Hearings Next Month. State Senate President Stephen Sweeney (D-3rd District) told reporters Monday he had been meeting with Sen. Nicholas Scutari (D-22nd District) on advancing marijuana legalization legislation, and "I think we're real close." While Sweeney did not offer any firm timelines, Scutari said he has been looking at holding a hearing on November 26.

Medical Marijuana

More Than 200 Unlicensed Michigan Dispensaries Must Close Down By Wednesday. The state's Medical Marijuana Licensing Board has approved 14 more dispensary licenses, but some 215 pot businesses that have not obtained licenses, most of them in Detroit, received cease and desist letters Tuesday and must close their doors by Wednesday if they want any chance at getting a license in the future.

North Dakota Patients and Caregivers Can Now Register. The state Department of Health began accepting applications Monday for medical marijuana patients and caregivers, with registry cards to begin being mailed out in December. It costs $50 to apply. The move comes just under two years after voters there approved a medical marijuana initiative.

Heroin and Prescription Opioids

Massachusetts Governor Seeks $5 Million for Opioid Drug War. Gov. Charlie Baker (R) will file legislation seeking $5 million for a pilot program for a "regional, multi-agency approach to fentanyl interdiction and crime displacement," he said Monday. He said his proposal targets drug dealers who move from town to town to evade police crackdowns. "We want to give departments the resources to coordinate with each other across their districts, essentially flooding the zone against the drug dealers who are peddling addiction and death in their communities," Baker said. "We want to go after the dealers who too often evade authorities by moving to another nearby location in a different municipality." The $5 million would be used to "supplement surveillance work and overtime costs for units," he said.

International

Brazil's Presidential Election Winner is Bad News on Drug Policy. Jair Bolsonaro, the winner of Sunday's Brazilian presidential election and known as "the Trump of Brazil" for his right-wing populist views, is bad news for drug reform in Latin America's most populous country. He favors intensifying ongoing bloody crackdowns on people involved with drugs, he has said on repeated occasions that police should kill people suspected of drug trafficking, and he has openly praised Philippines President Rodrigo Duterte's bloody drug war, saying "he did the right thing for his country." He opposes marijuana legalization, saying it would "benefit traffickers, rapists, and hostage takers." And Bolosonaro isn't just bad on drug policy; he gets downright weird. He has also claimed, in a bizarre homophobic rant, that smoking pot makes people gay.

Chronicle AM: NY Senate Report on Opioids, WY Marijuana Poll, More... (10/25/18)

A new poll has marijuana legalization on the cusp of majority support even in Wyoming, the New York state Senate releases its report on the state's opioid crisis, and more.

Will Russia join the list of medicinal opium producers? (Creative Commons)
Marijuana Policy

New Jersey Marijuana Activists Urges Quick Action on Legalization. As the governor and the legislature work to find an agreement on a marijuana legalization bill, legalization supporters are growing impatient. "There's been hearings, there's been committee meetings, there's a lot of discussions, there's a lot of science behind it but right now it's getting very frustrating," said. New Jersey CannaBusiness Association President Scott Rudder. "We understand the process takes time -- but enough is enough. "We need to get past this, we need to resolve some of these issues. It's very frustrating." Gov. Phil Murphy (D) had called for legalization within 90 days of his January inauguration, then it was supposed to be voted on this month, and the latest is by year's end. Stay tuned.

Wyoming Poll Has Legalization on Cusp of Majority Support. A new poll from the Wyoming Survey and Analysis Center at the University of Wyoming shows nearly half of Wyoming residents -- 49 percent -- support legalization of marijuana for recreational use. That number is significantly higher when the question comes to medical marijuana, with 86 percent supporting legalization in that form. And 69 percent of residents think possession of a small amount of the drug shouldn't lead to jail time. The poll also notes that there has been a a statistically significant increase in positive views on marijuana legalization compared to polls from 2014 and 2016.

Heroin and Prescription Opioids

New York Senate Heroin Task Force Releases Recommendations, Findings in New Report. The State Senate Task Force on Heroin and Opioid Addiction on Wednesday released its 2017-2018 report, including 11 recommendations on ways the state should address the opioid crisis. The committee wants the state to create "Centers for Excellence on Substance Use Disorder" as a way to improve access to treatment in rural parts of the state, as well as increasing resources to healthcare workers trained to treat substance abuse disorders. The task force also calls for reducing the cost of Naloxone, limits on opioid prescriptions, and tougher penalties for dealers whose drug sales result in fatal overdoses.

International

Russia Moves Toward Allowing Medicinal Opium Planting. A government commission has approved a draft law that would allow the cultivation of opium for medicinal purposes, citing the fact that most legal medicinal opium producing countries are participating in sanctions against Russia. "It is proposed to abolish the existing ban and determine the order of cultivation of plants for the production for medical purposes and veterinary medicine of narcotic drugs and psychotropic substances," the government press service reported.

Chronicle AM: Opioid Overdoses Decline, But Cocaine ODs at Record High, CDC Reports, More... (10/24/18)

The CDC's latest drug overdose numbers are out, Arizona's attorney general retreats on hashish, the Justice Department clears the way for harm reduction measures at music venues, and more.

Overall drug overdose deaths are finally declining, but cocaine deaths are rising, the CDC reports. (Creative Commons)
Marijuana Policy

New Jersey Marijuana Legalization Delayed Again, New Target is By Year's End. Top lawmakers now say they are no longer aiming at approving marijuana legalization by October 29, but are now looking at doing so before year's end. State Senate President Stephen Sweeney (D-Woodstown) and state Assembly Speaker Craig Coughlin (D-Middlesex) say they still need to iron out differences with Gov. Phil Murphy (D). It's not clear what those differences are.

Medical Marijuana

Arizona Attorney General Withdraws Arguments Saying Hash Isn't Medical Marijuana. Citing fears of unintended consequences for patients, Attorney General Mark Brnovich (R) on Monday withdrew his agency's arguments that the state's medical marijuana law doesn't include hashish. The state was responding to an appeal by a medical marijuana patient who was convicted of a felony for possessing 0.05 ounces of hash. "The last thing the attorney general wants is to deny medicine to legitimate patients that may be ingesting their marijuana an in extract or a tincture-type of a form," said his spokesman Ryan Anderson.

Cocaine

Cocaine Overdose Deaths at Record High, CDC Reports. The Centers for Disease Control and Prevention report that 14,205 Americans died of overdoses involving cocaine in the past 12 months, an all-time high. The country is awash in Colombian cocaine after two years of large coca crops there, but the CDC also warned that more and more cocaine is being laced with fentanyl, which is likely driving up overdoses.

Heroin and Prescription Opioids

Opioid Overdose Deaths Finally Declining, CDC Reports. The Centers for Disease Control and Prevention report that from April 2017 to March 2018, the number of fatal opioid overdoses declined by 2.3 percent compared to the 12 months ending in September 2017. "There are two major takeaways," said Leo Beletsky, a drug policy expert at Boston-based Northeastern University. "One is that we are not out of the woods yet, since these rates are still sky high. [And] we need to be doing much more of what works to get the rates down further."

President Trump Signs Opioid Package Today; Drug Policy Alliance Responds. President Trump Wednesday signed into law the omnibus opioid package aimed at curbing the overdose crisis. The package is the product of bipartisan efforts to pass opioid legislation in both the House and Senate in recent months. "This legislation takes some critical steps toward making lifesaving medication-assisted treatment more accessible, but should be seen as only one small step toward addressing overdose deaths rather than a comprehensive plan," said Grant Smith, deputy director of national affairs for the Drug Policy Alliance. "Missing from the package is a sustained commitment from Congress and the Administration to deliver funding for evidence-based treatments, like methadone and buprenorphine, at the levels needed to meet the demand. For decades our nation's treatment infrastructure has been short-changed, while billions of dollars have been poured into arresting and incarcerating people who use drugs. Trump's opioid package doesn't even begin to close this gap. The opioid package could do much more to expand life-saving tools, like naloxone distribution and supervised consumption services. While Congress should be applauded for not including new mandatory-minimum sentences in this package, it doesn't reflect the kind of bold and innovative action needed to address the crisis."

Harm Reduction

Justice Department Clarifies That Harm Reduction Measures at Music Events Don't Violate Federal Drug Laws. The Justice Department has conceded that the Illicit Drug Anti-Proliferation (IDAP) Act of 2003, which aims to punish people who operate facilities that knowingly allow or facilitate drug use, does not prevent venue owners from providing harm reduction services at their events. The clarification came after Virginia US Sens. Tim Kaine (D) and Mark Warner (D), acting on the request of harm reduction activist Deirdre Goldsmith, whose daughter died of heat stroke after taking MDMA, asked the DOJ to clarify.

Chronicle AM: OH Dem Governor Candidate Resorts to Drug War Rhetoric, More... (10/19/18)

Take the time to comment on how marijuana should be classified under international drug treaties, an Indiana legislative committee rejects medical marijuana, Ohio's Democratic gubernatorial candidate resorts to drug war rhetoric, and more.

Ohio Democratic gubernatorial candidate Richard Cordray is using drug war rhetoric. (consumerfinance.gov)
Marijuana Policy

You Can Comment on How Marijuana Should Be Classified Under International Treaties. The Food and Drug Administration is accepting public comment until October 31 on how marijuana should be classified under international drug treaties. The World Health Organization will meet next month in Geneva to consider "the legitimate use, harmful use, status of national control and potential impact of international control," of marijuana and other substances, including synthetic cannabinoids and fentanyl.

Illinois Democratic Legislators Plan New Legalization Bill Next Year. State Sen. Heather Sterns (D-Chicago) and state Rep. Kelly Cassidy (D-Chicago) told a Des Plaines town hall Wednesday they are planning to reintroduce a revised draft of their Cannabis Regulation and Taxation Act when the legislature reconvenes in January.

Medical Marijuana

Indiana Study Committee Doesn't Recommend Medical Marijuana Legalization. After hearing hours of testimony Thursday, the legislature's GOP-dominated interim study committee on public health rejected a recommendation to the full legislature that medical marijuana be legalized to treat chronic health conditions. The committee also rejected any further study of medical marijuana. But one Republican lawmaker, state Rep. Jim Lucas (R-Seymour) said he planned to file a medical marijuana bill next year anyway. "I'm going to make it my mission as a legislator, as a fellow Hoosier, to make sure that this issue moves forward," Lucas said.

Drug Policy

Ohio Democratic Gubernatorial Candidate Resorts to "Tough on Drugs" Rhetoric. Democratic gubernatorial nominee Richard Cordray is resorting to old school war on drugs rhetoric as the clock ticks down on his tight race with Republican Mike DeWine winds down. Cordray has released a new ad featuring an Ohio sheriff boasting that Cordray "has called for longer sentences for drug dealers." The ad is true: Cordray has said that, as governor, he "will work with law enforcement to make sure drug dealers are convicted and serve long prison sentences." He's still not as pro-drug war as DeWine, who also wants longer sentences for drug dealers, but who opposes the state's Issue 1 ballot initiative that would defelonize drug possession. Cordray supports that.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. 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.)

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.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School