State & Local Legislatures

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

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

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

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

Hemp

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

Asset Forfeiture

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

Bail Reform

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

Sentencing

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

Medical Marijuana Update

An Arizona Walmart worker wins a drug testing case, CBD bills are on the move, no edibles for North Dakota, and more. 

Alabama

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

Arizona

Arizona Federal Judge Rules for Medical Marijuana-Using Walmart Worker. An Arizona federal district court judge ruled March 19 that Walmart wrongfully fired a long-time employee who was a medical marijuana patient after a drug test returned positive results for marijuana because the company did not establish through expert evidence that she was impaired by marijuana at work. The court held that Walmart's action violated protections in the Arizona Medical Marijuana Act.

Georgia

Georgia Legislature Approves CBD Oil Access Bill. Both the House and the Senate have now approved HB 324, which makes it legal to possess CBD cannabis oil and bring it across state lines. The bill also sets up a framework for the growth and sale of CBD cannabis oil in the state. Currently, state law allows the use of CBD oil, but there is no way for patients to obtain it.

Kansas

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

New Mexico

New Mexico Regulators Reaffirm Support for Medical Marijuana for Opioid Users. The state's Medical Cannabis Advisory Board voted 4-0 Friday to reaffirm its support for making medical marijuana available for people struggling with opioid addiction. That increases the pressure on Gov. Michelle Lujan Grisham (D) to have the state's health secretary add opioid addiction as a qualifying condition.

North Dakota

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

South Carolina

South Carolina Senate Panel Advances Medical Marijuana Bill. A subcommittee of the Senate Medical Affairs Committee approved SB 366, the Compassionate Care Act, on a 5-1 vote on March 19. The vote came after the subcommittee accepted amendments aimed at easing law enforcement opposition to the bill, among them, banning certain transportation workers from participating, working toward a better method of detecting marijuana-impaired driving, and tightening the definition of a debilitating condition. The bill now goes before the full committee before heading for a Senate floor vote.

West Virginia

West Virginia Governor Vetoes Medical Cannabis Vertical Integration Bill, But Fix May Appear on Special Session Call. Gov. Jim Justice (R) has vetoed a bill that would allow vertical integration of medical marijuana businesses.  The measure, HB 2079, may, however, be taken up in a special session set to resume in May.

Chronicle AM: China Bans All Fentanyl Variants, DC Gets 76,000 Naloxone Kits, More... (4/2/19)

China bans all fentanyl variants, Sri Lanka is to resume drug executions, marijuana sentencing reform bills advance in Iowa and Texas, and more.

A lethal dose of fentanyl (dea.gov)
Marijuana Policy

Federal Bill Filed to Protect Legal Marijuana States. For the fifth consecutive congressional session, Rep. Diana DeGette (D-CO) has filed a bill to block the federal government from going after states that have legalized marijuana. The Respect States’ and Citizens’ Rights Act would amend the Controlled Substances Act to exempt states with legal marijuana from federal intervention. The bill is not yet available on the congressional website.

Arkansas Decriminalization Bill Filed. Rep. Charles Blake (D-Little Rock) and cosponsors filed HB 1972 on Monday. The measure would decriminalize the possession of up to an ounce of marijuana with a maximum $200 fine. Currently, possession of up to four ounces is a misdemeanor punishable by up to a year in jail.

Iowa Bill to Reduce Pot Penalties Advances. A bill that would reduce penalties for possessing five grams of weed or less passed the Senate Monday on a 40-8 vote. SF 378 would move possession of five grams or less from a serious misdemeanor to a simple misdemeanor. The bill now heads to the House.

Texas Decriminalization Bill Advances. A bill to decriminalize small-time pot possession was approved by the House Criminal Jurisprudence Committee on Monday. HB 63 would reduce criminal penalties for low-levels of marijuana possession, allowing a person carrying cannabis to receive two civil penalties before facing misdemeanor charges. The next step is a House floor vote.  

Harm Reduction

New Jersey Speeds Access to Opioid Addiction Medication. The state's Human Services Commissioner announced that beginning this week, Medicaid recipients will no longer have to wait for approval from an insurance company before a doctor can prescribe them medication-assisted treatments. Previously, people faced delays as doctors submitted paperwork and waited for an okay from the patient's Medicaid managed-care plan.

DC Police, Community Groups Will Get 76,000 Naloxone Kits. The city of Washington, DC, has purchased 76,000 kits of naloxone, the opioid overdose reversal drug. The kits will be distributed to police officers and community health organizations by September 30. Last year, the District saw more deaths from drug overdoses than from homicides.

International

China Bans All Types of Fentanyl. Chinese officials said Monday that the country is banning all variants of fentanyl by declaring them controlled substances under Chinese law. The move makes good a pledge Premier Xi Jinping made to President Trump late last year. The move could slow the supply of the drug and its variants to the US, where it is implicated in tens of thousands of overdose deaths. But the ban does not cover precursor chemicals, which are often sent to Mexico, where traffickers use them to produce fentanyl.

Sri Lanka Burns Cocaine Haul as President Announces First Executions in Decades. President Maithripala Sirisena used the public burning of seized cocaine to announce the first executions in decades as part of a crackdown on drugs. ’To curb the illegal drug menace, it is necessary to implement the death penalty," he said.  "The death penalty will be implemented in the coming days. The list has been prepared and we have decided on the date too. The move toward a drug crackdown has been criticized by human rights groups and the European Union. 

Chronicle AM: Israeli Pot Decrim Now in Effect, NY Legal Pot Push Hits Bump, More... (4/1/19)

Pot legalization fails to make the budget in New York, New Mexico regulators reaffirm their support for medical marijuana for people addicted to opioids, Israel pot decriminalization is now in effect, and more. 

Marijuana Policy

New York Budget Proposal Doesn’t Include Marijuana Legalization. Marijuana legalization will not be fast-tracked as part of the state’s budget because lawmakers could not reach agreement by April 1, but Gov. Andrew Cuomo says the state will pass it by June. "We will get marijuana done, it’s not a question of political desire, it’s a question of practical reality of how you put the new system in place," Cuomo said.

Medical Marijuana

Georgia Legislature Approves CBD Oil Access Bill. Both the House and the Senate have now approved HB 324, which makes it legal to possess CBD cannabis oil and bring it across state lines. The bill also sets up a framework for the growth and sale of CBD cannabis oil in the state. Currently, state law allows the use of CBD oil, but there is no way for patients to obtain it.

New Mexico Regulators Reaffirm Support for Medical Marijuana for Opioid Users. The state's Medical Cannabis Advisory Board voted 4-0 Friday to reaffirm its support for making medical marijuana available for people struggling with opioid addiction. That increases the pressure on Gov. Michelle Lujan Grisham (D) to have the state's health secretary add opioid addiction as a qualifying condition.

West Virginia Governor Vetoes Medical Cannabis Vertical Integration Bill, But Fix May Appear on Special Session Call. Gov. Jim Justice (R) has vetoed a bill that would allow vertical integration of medical marijuana businesses.  The measure, HB 2079, may, however, be taken up in a special session set to resume in May.

International

Israel Marijuana Decriminalization Now in Effect. Marijuana possession is decriminalized as of April 1. Under new guidelines, possession of small amounts of marijuana in private homes will no longer be treated as an offense, criminal or otherwise. Public possession will generate a fine of around $275, with that fine doubling for a second offense within five years. Only if someone commits a third public possession offense within seven years will he face the possibility of criminal prosecution. 

Chronicle AM: Fed Asset Forfeiture Reform Bill Filed, MT Legal Pot Bill Killed, More... (3/29/19)

A Michigan commission wisely recommends no de jure limit on THC in driver's blood, a Montana marijuana legalization bill gets killed in committee, a federal bill to end civil asset forfeiture is filed, and more.

Various states and the Congress are taking up asset forfeiture reform. (Creative Commons)
Marijuana Policy

Michigan Regulators Recommend No Legal Limit on THC in Drivers. The state's Impaired Driving Safety Commission has recommended that the state set no limit for the amount of THC in a driver's blood. Instead of setting a limit similar to that for blood alcohol, the commission recommending using roadside sobriety tests to measure impaired driving. "The only reasonable way to do this right now is to demonstrate that people are impaired," Norbert Kaminski, professor of pharmacology and toxicology at Michigan State University and commission member, said. 

Montana Legalization Bill Killed. A bill to legalize marijuana died in committee on Thursday. HB 770 was killed in the House Taxation Committee after law enforcement representatives called legalization "a nightmare" for state citizens.

Asset Forfeiture

Federal Asset Forfeiture Reform Bill Filed. Reps. Tim Walberg (R-MI) and Jamie Raskin (D-MD) filed the Fifth Amendment Integrity Restoration (FAIR) Act on Wednesday. The bill, HR 1895, would bring sweeping reforms to the federal use of civil asset forfeiture, most critically, it would end the equitable sharing program, which local and state law enforcement uses to evade restrictions on seizures under state laws.

Minnesota Asset Forfeiture Reform Bill Advances. The Senate Judiciary and Public Safety Finance and Policy Committee voted Tuesday to advance Senate File 2155, which would replace a number of state asset forfeiture laws with a single statewide law and repeal administrative forfeiture, an archaic process that allows assets to be seized without a court order.

South Carolina Asset Forfeiture Reform Bill Passes House. The House on Wednesday approved a bill that would require the State Law Enforcement Division to keep a database of seizures and disbursements. HB 590 faces one more routine vote before it is sent to the Senate.

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

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

Marijuana Policy

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

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

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

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

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

Medical Marijuana

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

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

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

Asset Forfeiture

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

Drug Policy

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

Chronicle AM: NJ Legal Pot Vote on Monday, Houston Police Tighten No-Knock Warrants, More... (3/22/19)

New Jersey legislators will vote on pot legalization on Monday, but the votes aren't quite there yet; Illinois legislators want to slow down on pot legalization, Houston cops restrict no-knock search warrants, and more.

In the wake of a deadly drug raid, Houston police are restricting the use of no-knock search warrants. (Creative Commons)
Marijuana Policy

Illinois House Majority Wants to Slow Down on Legalization. A majority of House members have signed on as cosponsors of a resolution to slow down the process of legalizing marijuana in the state. Sixty of 118 House members signed on to the resolution, which calls for more time to study the social impact of legalization and results from other states. A legalization bill will likely be introduced next month and could be voted on as early as May.

Montana Poll Has Narrow Majority for Legalization.  A University of Montana big Sky poll has support for marijuana legalization at 51%. About 80% of Democrats supported it, but only 33% of Republicans did.

New Jersey Legalization Vote Count Goes Down to Wire. The legislature is set to vote on a legalization bill, A 4497/S 2703, on Monday, and it's not clear yet whether it will pass. As of today, Gov. Phil Murphy (D) and legislative leaders say they are still a handful of votes short, but expect heavy lobbying to be going on between now and Monday morning.

Law Enforcement

Houston Police Announce Restrictions on No-Knock Search Warrants. In the wake of a February drug raid that left two civilians dead, the Houston Police have announced that any no-knock drug warrants must be signed off on by a district court judge. That would be after the request for the warrant is approved by the police chief or his designated representative, and only SWAT team members will execute those warrants.

Chronicle AM: NY Legal Pot Push Hits Bump, AZ Judge Rules for Fired Walmart MMJ-Using Worker, More... (3/21/19)

Southern California will see its first festival featuring legal pot sales and consumption this weekend, an Arizona federal judge slaps down Walmart for firing a medical marijuana patient without proving impairment at work, New York's governor acknowledges legalization isn't happening fast enough to be included in the budget, and more.

NY Gov. Andrew Cuomo (D) concedes that marijuana legalization isn't happening fast enough to make the budget. (Creative Commons)
Marijuana Policy

Southern California's First Festival with Legal Marijuana Sales and Consumption is This Weekend. The High Times Dope Cup High Desert festival set for the high desert town of Adelanto this weekend will be the first in Southern California where marijuana can be legally purchased and consumed. Pot smoking will be allowed in designated areas at the festival, and dozens of vendors will be selling weed to anyone 21 or over. The first Northern California festival allowing sales and consumption was Hempcon in San Francisco earlier this year.

New York Governor Drops Marijuana Legalization from Proposed State Budget. Gov. Andrew Cuomo (D) said Tuesday he was dropping his proposal to legalize marijuana from his proposed state budget. He said because he was unable to arrive at quick passage of a marijuana legalization bill he could no longer count on marijuana revenues in his budget forecast. Cuomo and legislative leaders said there is still a chance legalization could be passed after the budget is passed and before the June 19 end of the legislative session.

Medical Marijuana

Arizona Federal Judge Rules for Medical Marijuana-Using Walmart Worker. An Arizona federal district court judge has ruled that Walmart wrongfully fired a long-time employee who was a medical marijuana patient after a drug test returned positive results for marijuana because the company did not establish through expert evidence that she was impaired by marijuana at work. The court held that Walmart's action violated protections in the Arizona Medical Marijuana Act.

South Carolina Senate Panel Advances Medical Marijuana Bill. A subcommittee of the Senate Medical Affairs Committee has approved SB 366, the Compassionate Care Act, on a 5-1 vote. The vote came after the subcommittee accepted amendments aimed at easing law enforcement opposition to the bill, among them banning certain transportation workers from participating, working toward a better method of detecting marijuana-impaired driving, and tightening the definitiation of a debilitating condition. The bill now goes before the full committee before headed for a Senate floor vote.

Medical Marijuana Update

Floridians will finally be able to smoke their medical marijuana, Oklahoma rules get set, draft Missouri rules get posted, and more.

Arkansas

Arkansas Senate Committee Votes to Restrict Edible and Drinkable Medical Marijuana. The Senate Public Health Committee voted last Wednesday to approve SB 440, which was originally written to ban the manufacture or sale of medical marijuana edibles or potables. But the bill as passed by the committee was amended to not ban such products, but to require legislative changes that will mandate a cumbersome regulatory process the industry doesn’t want.

Florida

Florida Bill to Allow Smokable Medical Marijuana Heads to Governor’s Desk. With a final vote in the House last Wednesday, the legislature has approved SB 182, which repeals a prior legislative ban on smokable medical marijuana. Former Gov. Rick Scott (R) had supported the ban, appealing a lower court decision to end it, but current Gov. Ron DeSantis (R) had urged the legislature to end it, vowing to end the state’s appeal if lawmakers didn’t act by the end of this week.

Florida Governor Signs Smokable Medical Marijuana Bill into Law. Gov. Ron DeSantis (R) on Monday signed into law SB 182, which ends a legislatively-mandated ban on smoking medical marijuana. The ban had been thrown out in the courts, but former Gov. Rick Scott (R) had appealed to reinstate it. DeSantis had threatened to drop the appeal if the legislature didn't act, but the legislature has acted and now the ban is dead.

Missouri

Missouri Posts Draft Rules for Medical Marijuana Program. The Department of Health and Senior Services released more drafts of rules for the state's emerging medical marijuana system last Thursday. The rules cover marijuana cultivation facilities, manufacturing facilities and medical marijuana establishments in general. Click on the link for a detailed analysis of the proposed regulations.

Oklahoma

Oklahoma Governor Signs Medical Marijuana Rules into Law.  Gov. Kevin Stitt (R) last Thursday signed into law new regulations for the state’s nascent medical marijuana industry. The legislation sets guidelines for inventory testing and tracking, advertising, and packaging and labeling, among other things. It also allows employers to fire medical marijuana users in certain safety-sensitive positions, such as fire fighters and heavy machinery operators.

Chronicle AM: National Pot Poll Hits Record High, Mexican Opium Prices in Free Fall, More.... (3/20/19)

The annual General Social Survey has support for marijuana legalization at an all-time high, a federal marijuana banking bill will get a hearing next week, Mexican opium poppy farmers are getting squeezed hard by fentanyl, and more.

Marijuana Policy

New National Poll Shows Support for Marijuana Legalization Still Rising. A new General Social Survey poll, which has been measuring support for marijuana legalization since the 1970s, has support at 61% this year, up from 57% two years ago and an all-time high for this poll. Support cut across all demographic and political lines, with a majority of Republicans (54%) supporting legalization for the first time. In the first General Social Survey poll in 1973, only 19% of respondents supported legalization.

Federal Marijuana Banking Bill Has Markup Set for Next Week. The House Financial Services Committee will meet next Tuesday for a markup on the Safe Banking Act, HR 1595. The bill aims to remove barriers to access to financial services for the marijuana industry.

Hawaii Decriminalization Bill Nears Final Senate Vote. With favorable votes in two Senate committees Tuesday, HB 1383 now heads for a final Senate floor vote. The bill would decriminalize the possession of up to three grams of marijuana. It has already passed the House.

Rhode Island Senate Committees Hold Joint Hearing on Governor's Marijuana Legalization Proposal. The Senate Finance and Judiciary committees held a joint hearing Tuesday on Article 20 of Gov. Gina Raimondo’s proposed budget, which features a plan to legalize, regulate and tax marijuana for adult use. It also includes amendments to Rhode Island’s existing medical marijuana and hemp laws. The House Finance Committee will hold a hearing Wednesday.

International

Mexican Opium Prices in Freefall in Face of Fentanyl. Farmgate prices for Mexican opium plummeted dramatically last year because of the rise in demand for the synthetic opioid fentanyl about US drug users, according to a study from the Network of Researchers in International Affairs (Noria). They found that the price for opium gum, the raw material for heroin, dropped from just above $1,000 a kilo in 2017 to around $350 a kilo last year. The researchers noted that some farmers had reported rumors of prices going even lower, for a price drop of as much as 80%. The resulting decline in income "is causing a series of various serious secondary economic effects" in poppy-growing communities, Noria said. "Many local peasants are not even making back their investment on the product; many families are losing their sole source of income; the amount of money flowing into the local economy has dried up almost completely; and many are leaving their villages for temporary agricultural work or even to work directly for the cartels," the report said. "The Mexican opium crisis looks like it might ruin the poorest areas of rural Mexico for good."

Drug War Issues

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