State & Local Legislatures

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Chronicle AM: Washington SIJs Win Court Ruling, Houston DA Goes Deep on Reform, More.. (10/19/17)

Hemp farming comes a step closer in Wisconsin, safe injection sites win a court battle in suburban Seattle, Houston's DA is proving to be a real criminal justice reformer, and more.

Harris County (Houston) District Attorney Kim Ogg is unleashing a wave of criminal justice reforms. (harriscountytx.gov)
Industrial Hemp

Wisconsin Hemp Bill Advances. The Senate Agriculture Committee unanimously approved an industrial hemp bill Wednesday. The measure, Senate Bill 119, would create state licenses for farmers seeking to grow hemp. Plants could not contain more than 1% THC. The bill is now ready for a Senate floor vote.

Bail Reform

New Mexico Governor Wants to Roll Back Bail Reform. Voters last year approved a constitutional amendment that aimed to ensure that low-level, non-violent offenders did not rot in jail awaiting trial, but now Gov. Susana Martinez (R) wants to repeal it. While lawmakers on both sides of the aisle have concerns about how the courts are implementing reform, actually repealing it would be a long shot.

Drug Policy

Houston DA Lays Out Reform Agenda. Harris County District Attorney Kim Ogg on Tuesday laid out plans for what she called "more diversion, less jail" for people struggling with drug use or mental illness. Ogg released eight reports based on her transition team's recommendations, around everything from police shootings to bail reform to equality in justice to diversion, and more. Ogg has already enacted a marijuana diversion program and ended the prosecution of cases where only trace amounts of drugs are found. But she's ready to go deeper.

Harm Reduction

Washington State Judge Rules in Favor of Safe Injection Sites. King County Superior Court Judge Veronica Alicea-Galvan ruled Monday that a NIMBY initiative aimed at blocking a site in suburban Seattle "interferes with the duties and obligations of the Health Board and County Council." If upheld, the ruling would kill the initiative, which is currently set for a February vote, but foes vow to appeal the ruling.

Chronicle AM: Dallas Ends Marijuana Possession Arrests, Drug Czar Nominee Names, More... (10/18/17)

Dallas gives up on arresting pot possessors, the DOJ gives up on prosecuting the Kettle Falls Five, there's a new list of possible drug czar nominees, and more.

No more small-time pot arrests in Big D. (Wikimedia Commons)
Marijuana Policy

Pro-Legalization Congressman Plans to Target Anti-Marijuana Lawmakers. Rep. Earl Blumenauer (D-OR), one of the leading advocates for marijuana legalization on Capitol Hill, told a cannabis industry meeting Tuesday that he is taking the offensive against lawmakers who try to block marijuana reform measures. And his first target is House Rules Committee Chair Rep. Pete Sessions (R-TX), who has used his position to block numerous marijuana measures. "We're going to be putting up some billboards in Pete Sessions's district. It's going to feature a veteran and ask the question why Pete Sessions doesn't want him to have access to his medicine," Blumenauer said in remarks reported by Marijuana Moment. "We're going to make the point that there are consequences. This is not a free vote. People are going to take a position one way or another. And if they are going to be part of an effort to deny people access to medicine that can be transformational… this is going to be part of the political landscape this year."

New Hampshire Legalization Commission Meets, Hears Criticism. At the first meeting of a legislative commission charged with studying the effect of marijuana legalization, advocates criticized the commission's makeup and said it was squandering an opportunity for an honest review of issues around legalization. "Sadly, the commission includes staunch opponents of reform such as the Association of Chiefs of Police and New Futures, but supportive organizations such as the ACLU-NH were excluded in the language of the final bill," said Matt Simon, New England Political Director for the Marijuana, in remarks reported by NH1. "Additionally, none of the six legislators who were appointed to the commission has ever publicly expressed support for ending marijuana prohibition."

Dallas to Join Other Major Texas Cities in Not Arresting Pot Possessors. A decade ago, the state legislature passed a law allowing police to ticket and release people caught with up to four ounces of marijuana, yet only a handful of localities have taken advantage of that law. Now, Dallas is one of them. The city council voted 4-1 Tuesday night to allow police to just issue tickets, joining Austin, Houston, and San Antonio.

Medical Marijuana

Justice Department Drops Kettle Falls Case, Concedes It Is Blocked From Prosecuting. The DOJ Tuesday filed a motion to stay the case of the Kettle Falls Five, a group of Washington state medical marijuana patients and producers who had been pursued and prosecuted after a 2012 raid. In the filing, Justice Department officials conceded that an amendment barring the use of federal funds to go after medical marijuana in states where it is legal blocked them from proceeding with the case.

Arkansas Regulators Swamped With Applications, May Push Back Licensing to 2018. Deluged with applications to grow and sell medical marijuana, the state Medical Marijuana Commission has set December 15 when it will start receiving applications, but says even that date could be pushed back as hundreds of applications come in. That means there's still no approximation of the data medical marijuana will actually be available on store shelves in the Razorback State.

Asset Forfeiture

Justice Department Sets Up Oversight Unit for Asset Forfeiture Program. Attorney General Sessions is setting up a Justice Department unit to oversee the equitable sharing asset forfeiture program, which allows state and local law enforcement to let the federal government "adopt" their cases so they can avoid state laws that limit where the proceeds go. Former Attorney General Eric Holder had stopped the controversial program, but Sessions reinstated it, calling it an "extremely valuable" tool for law enforcement. In a memo Tuesday, Sessions ordered Deputy Attorney General Rod Rosenstein to name a director to review the policy and take action if needed.

Drug Policy

With Marino Out, Here Are Possible Drug Czar Nominees. There's a short list of possible nominees to head the Office of National Drug Control Policy after Rep. Tom Marino (R-PA) was forced to withdraw over his championing of a bill blocking the DEA from going after opioid pain pills it suspected were being diverted from legitimate medicinal use. Among the possibilities are former New Hampshire Republican congressmen Frank Guinta, who headed a congressional heroin task force; Trump opioid commission member and Harvard psychiatrist Dr. Bertha Madras, outgoing New Jersey Gov. Christ Christie (R), who heads the opioid commission; Florida Republican Attorney General Pam Bondi, and acting ONDCP head Richard Baum.

Foreign Policy

Trump Extends US "Emergency" Regarding Colombia Drug Trafficking. The White House announced Monday that it is maintaining a national emergency over the "extraordinary threat to the national security, foreign policy, and economy" posed by Colombian drug traffickers. The "emergency" has been in effect since 1995, and allows the government to quickly free up funds to protect threatened interests. Colombia is the home of the vast majority of cocaine consumed in the US.

Chronicle AM: Trump Drug Czar Nominee Withdraws, NFL Endorses Sentencing Reform, More... (10/17/17)

Stories pile up when you spend a week at the drug reform conference: Trump's choice for drug czar is out, the NFL endorses sentencing reform, California's governor signs a sentencing reform bill, and more.

The National Football League has formally endorsed a federal sentencing reform bill. (Flickr)
Marijuana Policy

Mississippi Supreme Court Overturns Marijuana Conviction of Vehicle Passenger. The state Supreme Court last Thursday threw out the marijuana possession conviction of a car passenger, saying the mere fact that he was in the vehicle didn't mean he actually possessed the drug. Marvin Carver had been charged after the car his half-brother was driving was pulled over and marijuana was found. The half-brother said the marijuana was his, and prosecutors never proved that Carver knew about or intended to possess the pot, the court noted.

New Hampshire Marijuana Study Group Holds First Meeting, No Legalizers Included. A commission charged with studying the potential impact of marijuana legalization is holding its first meeting today. Created by the legislature, the commission includes lawmakers and representatives of several state agencies, including banking, law enforcement, and the medical community. Of the legislators, several have voiced opposition to legalization and none are on record in support of it.

Maine Legalizers Reject Legislative Rewrite of Marijuana Law. Legalize Maine, the group behind last year's successful legalization initiative, has come out against the proposed legislative rewrite of the law, saying it "isn't ready for prime time." The group strongly objects to bill language requiring localities to "opt in" to the legal marijuana business instead of having to "opt out." Such a provision will only create chaos and encourage the black market, the group says.

Pennsylvania ACLU Report Finds Large Racial Disparities in Marijuana Arrests. In an analysis of 2016 arrest data, the ACLU found that black adults in the state were eight times more likely to be arrested for pot possession than whites. Marijuana arrests in the state have increased in recent years, and so has the racial disparity in arrests. It was less than six to one in 2011. The arrest figures don't include Philadelphia, which decriminalized in 2014 and saw arrests plummet 88%. But even in Philly, blacks were still three times more likely to be arrested for pot than whites.

Medical Marijuana

Pennsylvania Issues First Medical Marijuana Grow License. The state Department of Health has approved Cresco Yeltrah's 40,000-plus-square-foot indoor grow operation, making it the first medical marijuana grow in the state to be approved. The planting of seeds should commence shortly, with the first crop ready in about four months.

Drug Policy

Trump Drug Czar Nominee Withdraws in Wake of Report He Pushed Bill to Hinder DEA Opioid Pill Enforcement Efforts. Pennsylvania US Rep. Tom Marino (R), who President Trump nominated last month to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office), has withdrawn his nomination in the wake of reports that he shepherded through Congress legislation lobbied for by drug companies and pharmaceutical chains that decreased the DEA's ability to stop suspect shipments of prescription opioids. Marino had come under fire from Democratic lawmakers after the report went public Sunday.

McCaskill Will File Bill to Undo 2016 Law Marino Pushed. Sen. Claire McCaskill said Monday she would fill a bill to repeal the 2016 law Rep. Marino shepherded through Congress at the behest of deep-pocketed drug companies and pharmaceutical chains.

Drug Testing

Wisconsin Moves a Step Closer to Drug Testing Food Stamp Recipients. The state Health Department announced last Friday that it has submitted its plans for the drug testing of food stamp recipients to the office of Gov. Scott Walker (R). Critics of the plan say it requires getting a waiver from the US Department of Agriculture, but the Walker administration disagrees. Look for a court challenge.

Law Enforcement

Justice Department Announces First Ever Indictments Against Chinese Fentanyl Makers. The DOJ announced Tuesday that federal grand juries in Mississippi and North Dakota had returned indictments against two Chinese nationals and their US-based traffickers and distributors for separate conspiracies to peddle large quantities of fentanyl, fentanyl analogues, and other opioids in the United States. These are the first indictments returned against Chinese nationals for manufacturing and distributing fentanyl destined for the US.

Florida Man Wins Cash Settlement After Police Field Drug Test Mistook Sugar for Meth. In 2015, police arrested Daniel Rushing for meth possession after they mistook glaze from a Krispy Kreme donut for methamphetamine. Rushing was held in jail for 10 hours before bonding out. The charges were dropped when subsequent tests showed the substance was indeed glazed sugar. Last week, the city of Orlando agreed to pay him $37,500 to settle his wrongful arrest lawsuit.

Sentencing

In Midst of National Anthem Controversy, NFL Endorses Federal Sentencing Reform Bill. In a letter sent Monday to leading senators, the National Football League offered "full support" for the Sentencing Reform and Corrections Act (S. 1917). "Over the last two seasons, one particular issue that has come to the forefront for our players and our teams is the issue of justice for all," the league noted, obliquely addressing the controversy surrounding NFL players kneeling during the national anthem to protest racial inequality in the criminal justice system, while at the same time supporting progressive sentencing reform.

California Governor Signs Major Drug Sentencing Reform. Last Thursday, Gov. Jerry Brown signed into law Senate Bill 180, authored by State Senators Holly Mitchell (D-Los Angeles) and Ricardo Lara (D-Long Beach). With his signature, Brown repealed a three-year sentence enhancement that added additional years to a sentence for prior drug convictions, such as drug sales and possession of drugs for sales. SB 180, the RISE (Repeal of Ineffective Sentencing Enhancements) Act, was part of Mitchell and Lara's Equity and Justice Package, bills intended to address racially biased sentencing.

Massachusetts Takes Aim at Mandatory Minimums. State Senate leaders are rallying around a sentencing reform bill that would repeal mandatory minimum sentences for small-time drug offenses, lower probation fees, and up the threshold for felony larceny. Supporters of the proposal from Sen. William Brownberger (D-Belmont) rallied last Thursday to champion the bill, which the Senate should be taking up in the next few weeks.

Chronicle AM: Fed Sentencing Reform Bill Filed, Colombia Coca Clashes, More... (10/6/17)

Leading senators roll out a federal sentencing reform bill, Jeff Sessions ramps up the Safe Neighborhoods program, the VA doubles down against medical marijuana, more clashes erupt in Colombia's coca producing areas, and more.

A newly filed Senate bill seeks to address prison overcrowding. (supremecourt.gov)
Marijuana Policy

Alaska Just Keeps On Selling More and More Legal Weed. The state broke its marijuana sales record for the sixth consecutive month in August, a trend that officials expect to continue when September figures come in. Farmers sold 734 pounds of buds and 444 pounds of other marijuana plant parts to retailers in August, generating nearly $700,000 in taxes for the state.

Kentucky State Senator Calls for Legalization to Ease Budget Crunch. With the state facing a $200 million budget deficit this year, state Sen. Dan Seum (R-Fairdale) has suggested that legalizing marijuana could help. "My argument is before any new taxes, let's explore the potential of new monies," he told WKYT Thursday.

Maine Legalization Bill Now Requires Town to Opt In, Not Opt Out. Under the latest iteration of the legislature's bill to implement voter-approved marijuana legalization, localities would have to act affirmatively to allow medical marijuana businesses. That's the opposite of what the legalization initiative intended, which was to make localities opt out of participation if they didn't want pot businesses. The latest version of the bill is now headed for a floor vote on October 23.

San Diego Sets Legal Marijuana Business Rules. California's second largest city has made itself ready for legal marijuana. The city has finalized rules for pot growing and manufacturing ahead of the scheduled January 1 start date for legal marijuana sales. It will allow both indoor cultivation and manufacturing, as well as testing labs.

Medical Marijuana

Veterans Department Reiterates Opposition to Medical Marijuana Use. VA policy has been to disallow government doctors from recommending medical marijuana, but now, the agency has updated its website to state that opposition more firmly -- and inaccurately. As Tom Angell at Marijuana Majority noted, the website's claim that "as long as the Food and Drug Administration classifies marijuana as Schedule I drug, VA health care providers may not recommend it or assist veterans to obtain it" is not technically true. There is no law barring the VA from allowing its doctors to recommend medical marijuana.

WADA No Longer Considers CBD a Prohibited Drug. The World Anti-Doping Authority (WADA) has removed CBD from its 2018 list of prohibited substances. "Cannabidiol is no longer prohibited," WADA said. But it emphasized that THC, the euphoric psychoactive chemical in marijuana, remains banned and that CBD products could contain actionable amounts of THC. "Cannabidiol extracted from cannabis plants may contain varying concentrations of THC," WADA noted.

Heroin and Prescription Opioids

Federal Bill to Increase Opioid Prescribing Requirements Filed. Rep. David Roe (R-TN) Thursday filed House Resolution 3964, "to amend the Controlled Substance Act to establish additional registration requirements for prescribers of opioids." The bill text is not yet available on the congressional web site.

Law Enforcement

Justice Department Ramps Up Safe Neighborhoods Program. Attorney General Jeff Sessions announced Thursday plans to ramp up efforts against drug trafficking and violent gangs through the Project Safe Neighborhoods initiative. In a memo, the country's top cop ordered federal prosecutors to emphasize violent crime reduction and develop plans to work with local police and prosecutors in the effort.

Sentencing

Senate Heavyweights File Sentencing Reform Bill. A bipartisan group of senators today reintroduced the Sentencing Reform and Corrections Act of 2017 to recalibrate prison sentences for nonviolent drug offenders, target violent and career criminals and save taxpayer dollars. The legislation permits more judicial discretion at sentencing for offenders with minimal criminal histories and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement. It is led by Senate Judiciary Committee Chairman Chuck Grassley (R-IA), Senate Democratic Whip Dick Durbin (D-IL) and senators Mike Lee (R-UT), Sheldon Whitehouse (D-RI), Lindsey Graham (R-SC), Patrick Leahy (D-VT), Jeff Flake (R-AZ), Cory Booker (D-NJ), Tim Scott (R-SC), Dianne Feinstein (D-CA) and Roy Blunt (R-MO). The bill is S. 1917. Check back for a Chronicle feature on the bill.

International

Four Killed in Colombia Clashes Between Coca Growers, Eradicators. Four people are dead and 14 wounded after somebody attacking protesting coca farmers in the municipality of Tumaco, along the Pacific Coast. The government blamed members of a dissident FARC faction that has refused to lay down its arms, but local activists blamed government security forces for opening fire. Clashes between coca growers and security forces have become more frequent as production of cocaine in Colombia surged to record levels in recent years.

Chronicle AM: MA Advocates Push for No Pot Tax $$$ for Towns That Ban Pot Ops, More... (10/5/17)

It's all marijuana today, with Washington state considering personal grows, Delaware pondering legalization, Massachusetts activists trying to put the screws to towns that ban stores, and more.

Marijuana Policy

Delaware Marijuana Task Force Meets, Hears Concerns. The state's Adult Cannabis Use Task Force met for the second time Wednesday and heard from the Department of Safety and Homeland Security. The department unsurprisingly wants strict regulations on marijuana if legislators decide to legalize it. Homeland Security Director John Yeomans said the department was against allowing personal cultivation because it could lead to a "grey market" and edibles should not be allowed because they could appeal to kids. The Chamber of Commerce also weighed in, expressing concerns about workplace injuries, unemployment claims, and how impairment would be defined. The task force will continue to meet on a monthly basis for the rest of the year and then make policy recommendations.

Massachusetts Advocates Say Towns With Pot Bans Shouldn't Enjoy Pot Tax Revenues. Pro-legalization advocates are working on a bill that would prevent towns that ban commercial marijuana operations from collecting a share of marijuana tax revenues. The Massachusetts Recreational Consumer Council is talking to legislators about the proposal, which comes as more than a hundred municipalities in the state have enacted bans, moratoria, or other tough restrictions on pot businesses. "Any sensible person would agree, why should you get tax money if you don't have it in your town, it just doesn't make any sense," council vice-president Kamani Jefferson said in remarks reported by the Daily Free Press. "I think it will catch on even to the people who may not be in love with marijuana. If you don't put any work in, you shouldn't get any benefits is what we're really proposing to the Commonwealth."

Washington Regulators Get Earful at Hearing on Allowing Personal Cultivation. A three-member panel of the state Liquor and Cannabis Board held a hearing Wednesday on allowing home grows in the only legalization state that doesn't allow them. Most of the three dozen people who testified support home cultivation, but not the options being studied because they have too many restrictions and allow localities to ban personal grows even if legalized in the state. The panel must issue a report with recommendations to the legislature by December 1.

International

Canada Legalization Bill Sheds Language Restricting Plant Height. The Commons Health Committee on Tuesday scrapped a clause in the bill that would have made growing a plant taller than one meter a criminal offense. The provision had been criticized as arbitrary and difficult to enforce, with even the Ontario police and corrections ministry noting that "people could be criminalized for small amounts of overproduction." Others pointed out that someone could have a legal plant, go on vacation for a couple of weeks, and come back to an illegal plant. The limit of four plants per household remains intact, though.

Medical Marijuana Update

Florida is slow getting out of the gate with cultivation licenses, a Georgia lawmaker is pushing to makes the state's CBD law workable, Michigan lawmakers are moving to keep dispensaries open during a year-end switchover, and more.

Florida

On Tuesday, the state missed its own deadline for issuing growing licenses. Florida officials were supposed to distribute ten medical marijuana cultivation licenses Tuesday, but that's not going to happen. Officials said last Friday said the delay would be brief and pointed fingers at Hurricane Irma and a recently-filed lawsuit from a black farmer challenging the state's effort to achieve racial diversity among growers. That farmer charged that the state's guidelines were too restrictive.

Georgia

Last Friday, a state lawmaker was mobilizing supporters to broaden the state's CBD law. State Rep. Allen Peake (R-Macon) is calling on families and advocates to contact their legislators ahead of the upcoming legislative session to lay the groundwork for expanding the state's CBD medical marijuana law to allow limited cultivation and manufacturing in the state. The state legalized the use of CBD cannabis oil in 2013, but there is no legal way to obtain it. Peake wants to let one or two growers and manufacturers operate in the state. They would be limited to creating CBD cannabis oil.

Kentucky

Last Wednesday, a court dismissed a medical marijuana lawsuit aimed at the governor and attorney general. A lawsuit filed against Gov. Matt Bevin (R) and Attorney General Andy Beshear (D) seeking to force them to legalize medical marijuana in the state was thrown out. A Franklin circuit court judge ruled that legal precedent makes it clear that only the legislature can regulate the use of marijuana in the state -- not the executive branch and not the courts.

Michigan

Last Thursday, lawmakers moved to keep dispensaries open during the changeover to the new medical marijuana regime. As the state prepares to shift to a new regime allowing licensed dispensaries, the Department of Licensing and Regulatory Affairs has tentatively asked all existing dispensaries to shut down by December 15 and seek licenses. But some legislators have filed House Bill 5014, which would allow dispensaries to stay open while their license applications are pending before the department. A Senate version of the bill is expected to be filed shortly.

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

Chronicle AM: Atlanta A Step Closer to MJ Decrim, Drug Treatment Privacy Threat, More... (10/3/17)

Atlanta is one step away from decriminalizing marijuana possession, patient advocacy and health care groups unite behind a campaign to protect the privacy of drug treatment patients, and more.

It was a 15-0 vote for marijuana decriminalization in the Atlanta city council chambers Monday.
Marijuana Policy

Delaware Panel Meets Again This Week, Has Issues. The state task force charged with examining issues around the legalization of marijuana is set to meet again on Wednesday. Members said that before legalization could occur, several issues would have to be addressed, including public and workforce safety, taxation and banking rules, insurance and liability issues, and concerns about the long-term effects of marijuana use.

Massachusetts Regulators Urged to Avoid "Walmart of Weed" Situation. State pot grower advocates urged regulators Monday to institute a tiered licensing system for marijuana cultivation to avoid out-of-state corporate control of the state's legal pot crops. Peter Bernard, president of the Massachusetts Grower Advocacy Council, said a 1 million square foot grow facility being funded by "Colorado money" makes his "New England blood boil" because it could signal that locals will be shut out in the nascent industry. Instead of a "Walmart of Weed" approach, Bernard said, the state should encourage craft cooperatives. "Craft cooperative grows will provide that top shelf product that commands a top shelf price, much like a fine bottle of wine commands a higher price than box wine. Only the tourists and occasional tokers will waste their money on Walmart Weed," he said in testimony reported by MassLive.

Atlanta City Council Unanimously Approves Decriminalization Ordinance. The city council voted 15-0 Monday to decriminalize the possession of up to an ounce of marijuana. The mayor now has eight days to sign or veto this bill. If the mayor does not act, the ordinance becomes law. State law allows for up to six months in jail for pot possession, but the Atlanta ordinance would limit punishment to a $75 fine.

Heroin and Prescription Opioids

As Opioid Crisis Rages, Campaign to Protect Patients' Privacy Rights Launched. More than a hundred of the nation's leading patient advocacy and health care organizations have launched the Campaign to Protect Patient Rights to advocate for maintaining the confidentiality of substance abuse disorder patients. The campaign comes as moves are afoot to eradicate existing protections in a misguided bid to address the crisis. Under federal substance abuse disorder confidentiality rules, treatment providers are barred from disclosing information about a patient's drug treatment without his or her consent. Proposals to replace those rules with the more relaxed HIPAA standards "would not sufficiently protect people seeking and receiving SUD treatment and could expose patients to great harm," the groups said.

Chronicle AM: Quebec To Have Gov't Pot Shops; Seattle, WA State Sue Pharma Cos, More... (9/29/17)

Nevada sets legal marijuana sales records, Quebec will go with government marijuana shops, Seattle and the state of Washington file lawsuits over the opioid crisis, and more.

If you want to buy legal marijuana in Quebec, a government employee will sell you it. (Sandra Yruel/DPA)
Marijuana Policy

Nevada Legal Sales Begin at Blistering Pace. Pot shops sold $27.1 million worth of products during July, the first month of legal sales in the state. That's nearly double what Colorado and Washington did in their first month of sales and nearly seven times what Washington did. And the state collected a cool $10.2 million in industry fees and taxes.

Rhode Island Appoints Members of Legalization Commission. The state has announced the naming of 19 members to the special legislative commission charged with studying the effects of potential marijuana legalization. The commission is the result of a bill passed by the legislature after legalization efforts fell short earlier this year. It will conduct a comprehensive review, study social and fiscal impacts, and make recommendations regarding pot policy.

Medical Marijuana

Georgia Lawmaker Mobilizes Supporters to Broaden State's Law. State Rep. Allen Peake (R-Macon) is calling on families and advocates to contact their legislators ahead of the upcoming legislative session to lay the groundwork for expanding the state's CBD medical marijuana law to allow limited cultivation and manufacturing in the state. The state legalized the use of CBD cannabis oil in 2013, but there is no legal way to obtain it. Peake wants to let one or two growers and manufacturers operate in the state. They would be limited to creating CBD cannabis oil.

Heroin and Prescription Opioids

Seattle, State of Washington Sue Opioid Manufacturers. The city and the state announced Thursday that they have filed two lawsuits against major drug companies they say fueled the opioid crisis by downplaying the risk of addiction with popular opioid pain pills. The city is suing Purdue Pharma, Teva Pharmaceuticals, Johnson & Johnson and Janssen Pharmaceuticals, among several others. The state named only Purdue, the maker of OxyContin, as a defendant. The state has seen a 60% increase in opioid-related hospitalizations between 2009 and 2014 and about 10,000 opioid overdose deaths since 2000.

International

Quebec Premier Sets Legal Pot Age at 18, Orders State Monopoly on Sales. Quebec Premier Philippe Couillard decided Thursday that the legal age for marijuana consumption in the province would be 18 and that the distribution and sale of marijuana will be under the control of the state. The province will create a crown corporation relying on the expertise of its alcohol regulators, the Société des alcools, to set up and run the system. Ontario, Canada's most populous province, has also opted for government monopoly pot shops, much to the dismay of entrepreneurs and some consumers.

Chronicle AM: Houston Quits Trying "Trace Amount" Drug Cases, US Chides Colombia, More... (9/28/17)

San Antonio quits arresting small-time pot violators, Houston quits prosecuting folks caught with trace amounts of drugs, Vermont begins pondering how to do pot legalization, the US chides Colombia on coca and the FARC, and more.

With moves in Houston and San Antonio, change is coming to the Lone Star State.
Marijuana Policy

Vermont Marijuana Commission Begins Legalization Study. The state Marijuana Advisory Commission is holding its first meeting today. The commission is charged with studying the best way to legalize marijuana in the state. Gov. Phil Scott (R) empaneled the commission after vetoing a legalization bill in May. In his veto message, Scott said he wasn't opposed to legalization, but had concerns about underage use and impaired driving. The commission is set to report back to the legislature in January.

San Antonio to Quit Arresting People for Pot Possession. Authorities in Bexar County (San Antonio) announced Wednesday that they will no longer arrest small-time marijuana and other misdemeanor offenders, instead issuing them citations. People cited must complete a program before charges are dismissed. San Antonio now joins Harris County (Houston) and Dallas in enacting policies to no longer arrest small-time pot offenders.

Medical Marijuana

Michigan Lawmakers Seek to Keep Dispensaries Open. As the state prepares to shift to a new regime allowing licensed dispensaries, the Department of Licensing and Regulatory Affairs has tentatively asked all existing dispensaries to shut down by December 15 and seek licenses. But some legislators have filed House Bill 5014, which would allow dispensaries to stay open while their license applications are pending before the department. A Senate version of the bill is expected to be filed shortly.

Law Enforcement

Houston Stops Prosecuting Cases of Trace Amounts of Drugs. Harris County (Houston) District Attorney Kim Ogg has quit pursuing thousands of "trace drug" cases, where people are charged with drug possession based on drug residues left in baggies or syringes. Ogg actually quietly implemented the policy in July, but has gone public with it now. The move will save the county the cost of prosecuting somewhere between 2,000 and 4,000 felony cases each year.

Sentencing

New House Bill Creates Incentives to Reduce Crime, Incarceration at Same Time. Rep. Tony Cardenas (D-CA) filed the Reverse Mass Incarceration Act of 2017 on Wednesday. Companion legislation, Senate Bill 1458, was filed in June by Sens. Cory Booker (D-NJ) and Richard Blumenthal (D-CT). The bill would essentially reverse the 1994 crime bill, which provided incentives to states to increase prison populations. It would instead pay states to decrease incarceration rates through incentivizing grants.

International

US Ambassador to Colombia Says FARC Has Not Complied With Peace Deal. "The FARC have not complied, in my opinion, with their obligations under the agreement," US Ambassador to Colombia Kevin Whitaker said during a recent interview with El Tiempo. Whitaker claimed the leftist rebels continued to encourage coca cultivation in some parts of the country and said they should not be involved in government-sponsored crop substitution programs. Whitaker's comments are in line with other US officials, who have become increasingly critical of the peace deal between the FARC and the government as coca and cocaine production have increased in the past two years.

Philippines Claims It Doesn't Allow Extrajudicial Killings in Drug War. In a statement released as Foreign Affairs Secretary Alan Peter Cayetano met in Washington with Secretary of State Rex Tillerson, the Philippines government denied it had a policy of killing suspected drug users and dealers. "Contrary to media reports, Cayetano also clarified to Tillerson that the Philippines does not have a state policy allowing extrajudicial killings, especially of illegal drug suspects," the statement read. The statement also welcomed further cooperation with Washington and reiterated the "seriousness" of the country's "drug problem." Thousands of people have been killed since President Duterte unleashed his drug war, but the Philippines claims it only kills suspects who were violently resisting arrest.

A Marijuana Drive-Through Could Be Coming to a Corner Near You

Voters in Maine narrowly approved marijuana legalization last November, and since then, the state legislature has been busily trying to come up with rules and regulations for the legal weed market. Now, they are envisioning something of a rarity: allowing customers to buy their weed at drive-up windows.

Of the five states that currently allow legal adult marijuana sales -- Alaska, Colorado, Nevada, Oregon, and Washington -- only Oregon and Colorado allow for drive-through sales. California, where sales are set to begin January 1, had drive-through sales written into draft regulations, but those proposed regs have had to be pulled and rewritten to comply with a state law merging the recreational and medical markets. Still, drive-through sales may survive the regulatory process there. Massachusetts hasn't directly addressed the issue, leaving it up to its Cannabis Control Commission to figure out before the state begins sales next summer.

For a measure whose mantra was "treat marijuana like alcohol," allowing drive-through pot sales seems like a no-brainer.

"If Maine allows it for alcohol, we see no reason why it shouldn't be allowed for marijuana, the safer substance, so long as Maine puts in place reasonable regulations to protect public safety and the consumer," David Boyer, director of the Maine chapter of the Marijuana Policy Project told the Portland Press Herald. "The voters want it regulated and taxed like alcohol. The rules should be the same."

But it's not a done deal yet. The legislature's Joint Select Committee on Marijuana Legalization Implementation is still considering the draft bill, and the coming week will be crucial. The bill gets a public hearing Tuesday and legislative debate is set for Wednesday and Thursday. If the committee approves it, it goes before the full legislature next month.

Drive-through sales is one of a subset of non-storefront sales possibilities facing legal pot regulators. Sales by delivery services and online sales are additional bones of contention. The proposed Maine legislation would allow both of those, too, but not all the other legal states do.

It is a sign of significant progress, or course, that the debate has shifted from how hard to punish pot smokers and dealers to how best to accommodate and regulate legal marijuana. But legal marijuana still has a ways to go before we can say it is treated like alcohol.

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, Safe 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