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In Bid to Defend Marijuana Arrests, NYC Mayor de Blasio Attacks Drug Reformers

Last month, the Drug Policy Alliance (DPA) released a report noting that marijuana arrests under New York City Mayor Bill de Blasio continue to be marked by shocking racial disparities, much as they were under his predecessors, Rudy Giuliani and Michael Bloomberg. Stung by the criticism, de Blasio is fighting back, but his response so far has consisted of attacking DPA as "legalizers" and comparing apples to oranges.

New York City still has a marijuana arrest problem under Mayor de Blasio. (Wikimedia)
The DPA report, Unjust and Unconstitutional: 60,000 Jim Crow Marijuana Arrests in Mayor de Blasio’s New York, noted that while marijuana possession arrests are down under de Blasio from the grotesque numbers achieved under Giuliani (more than 40,000 arrests in 2001) or Bloomberg (more than 50,000 arrests in 2011), NYPD still arrested made more than 18,000 of them last year. A whopping 86% of them were black or brown, maintaining the racial disparities so apparent in earlier administrations.

That's "a far cry from the Mayor's pledge to rein in NYPD's targeting of people of color," charged DPA New York State Director Kassandra Frederique in the report. That de Blasio had managed to bring pot arrests down to an average of only 20,000 a year during his tenure shouldn't be portrayed as progress, argued Frederique, instead describing it as "slower injustice, but slower injustice is still injustice delivered."

De Blasio struck back last Friday, releasing a statement that called the DPA report "misleading" and attacked DPA as "a group committed to legalization." De Blasio's statement emphasized that marijuana arrests had dropped significantly under his administration -- something DPA never disputed -- but failed to address the claim of continuing racial disparities in arrests. Instead, it merely noted that because arrests were down overall, arrests of black and brown people were down, too.

But the takeaway sentence in de Blasio's statement inadvertently makes DPA's case:

As a result of this new policy, arrests for marijuana possession are down 37%  -- from almost 29,000 in 2013 to approximately 18,000 in 2016. This has translated into approximately 9,600 fewer arrests of Black and Latino New Yorkers for marijuana possession in 2016 as compared to 2013.

In other words, a reduction of less than 11,000 total marijuana arrests between the two years resulted in about 9,600 people of color not being arrested. De Blasio's own data and arguments show that the city's minorities clearly take the brunt of marijuana law enforcement, his wriggling notwithstanding.

And now, DPA is returning fire at de Blasio.

"Mayor de Blasio is not disputing the data published in our report, he is trying to spin his poor record to look as though he has made some progress," Frederique said in a Friday press release. "In reality, New York City was the marijuana arrest capital of the world under Bloomberg and still holds that dubious title under de Blasio today. The 18,000 arrests in 2016 alone and outrageous racial disparities are a disgrace to the city and a blight on the mayor’s record. The unjust and racially-targeted arrests are devastating black and Latino communities across the city."

Frederique also applied some political ju-jitsu to de Blasio's "legalizer" attack.

"The mayor’s efforts to discredit the report and the Drug Policy Alliance by calling us legalizers, is a desperate attempt to distract the public from the facts of his abysmal record. Our report is based on data from the New York State Division of Criminal Justice Services. Rather than attack his critics, the mayor should attack the problem of racially-targeted arrests," she said. "For the record, the Drug Policy Alliance is committed to marijuana legalization to increase access for patients and end targeted policing in communities of color. And we’re not alone; nearly 60% of Americans also support legalization."

Instead of attacking critics, the mayor should fix the problem, Frederique added.

"It’s time for the mayor to get out of the spin cycle and back to work," she prescribed. "The mayor must end the biased policing practices that have ruined the lives of so many young black and Latino New Yorkers now."

New York, NY
United States

Chronicle AM: Secret Safe Injection Site in US City, VT "Blue Ribbon" MJ Panel, More... (8/8/17)

The body representing state legislatures again calls for marijuana reforms, Vermont's governor is about to empanel on commission to study legalization issues, a safe injection site has been operating secretly in a US city for the past three years, and more.

The Vancouver safe injection site has a hidden counterpart somewhere in the US. (vch.ca)
Marijuana Policy

National Conference of State Legislatures Urges De-Scheduling Marijuana. The National Conference of State Legislatures has approved a resolution calling for marijuana to be removed from the Controlled Substances Act. The resolution approved on Monday specifically references access to banking, saying such a move would result in "… enabling financial institutions the ability to provide banking services to cannabis related businesses." This marks the third year in a row the conference has passed a resolution on marijuana, going a bit further each time. In 2015, it resolved that federal laws should be amended to allow states to set their own pot policies, and last year, it resolved that marijuana should be down-scheduled.

Vermont Governor About to Convene "Blue Ribbon Commission" on Legalization. Gov. Phil Scott (R) says he will shortly convene a commission to study issues around marijuana legalization, but it looks like his emphasis will be on how to detect marijuana impairment in drivers rather than examining models for legalization. Earlier this year, Scott vetoed a legalization bill, citing concerns about driving and youth, and he says now that he will not sign a bill that doesn't have stringent standards on impaired driving.

Virginia Gubernatorial Candidates Split on Decriminalization. Democratic nominee Lt. Gov. Ralph Northam sent a letter Monday to the State Crime Commission, which is studying decriminalization, in support of the notion. That position contrasts with Republican nominee Ed Gillespie, who says he opposes legalization or decriminalization, but is open to exploring reforms to ensure that penalties are commensurate with the offense committed. Polling shows a majority of Virginians favor decrim. Libertarian candidate Cliff Hyra, meanwhile, says just tax and legalize it.

Medical Marijuana

Indiana Republican Will File Medical Marijuana Bill to Fight Opioid Overdoses. State Rep. Jim Lucas (R-Seymour) says he plans to file a medical marijuana bill in a bid to combat opioid abuse. He said he was acting after hearing from constituents. "People telling me their personal stories, how they've been helped by this product, how far behind Indiana is on this issue," he told the Indianapolis Star. "That right there, we have a responsibility to at least investigate it and determine the facts, and if there is something positive out there, we have to pursue that."

Asset Forfeiture

Arizona Asset Forfeiture Reforms Go Into Effect Wednesday. A new law limiting civil asset forfeiture reform goes into effect Wednesday. House Bill 2477 does not end civil asset forfeiture, but raises the standard of proof necessary for seizures from "a preponderance of the evidence" to "clear and convincing evidence."

Harm Reduction

Underground Safe Injection Site Has Been Operating in a US City for Three Years. In a report released Tuesday, two researchers revealed that they've been studying an unpermitted safe injection site in operation since 2014. They reported that no one died while using drugs at the site and that two overdoses were reversed by staff members administering naloxone. The report comes as pressure to authorize such sites is mounting, with lawmakers in states like California and New York and cities including San Francisco, Seattle, and Ithaca, New York, backing such efforts.

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

Chronicle AM: Sessions' Crime Task Force Doesn't Recommend Going After Legal Marijuana, More... (8/7/17)

The attorney general's crime task force has little new to say about grappling with legal marijuana, Sessions sends another letter to another governor, the US leans on Colombia over coca, and more.

Jeff Sessions is on a lonely crusade against marijuana legalization. (freethoughtproject.org)
Marijuana Policy

Sessions' Crime Task Force Refrains from Recommending Legal Marijuana Crackdown. The Justice Department's Task Force on Crime Reduction and Public Safety has failed to come up with policy recommendations that could weaponize Attorney General Sessions' efforts to wage war on legal marijuana, the Associated Press reported Friday. The task force report instead urges officials to continue to study whether they want to roll back the clock on the Obama-administration's laissez-faire approach to states that have legalized medical or recreational marijuana. The report did, however, call for officials to continue to oppose congressional moves to block funding for the department to go after medical marijuana in states where it is legal.

Sessions Sends Letter to Colorado Questioning State's Management of Legal Marijuana. Attorney General Sessions has sent a letter to Colorado officials accusing the state of failing to keep marijuana from being diverted out of state or keeping it away from kids. The letter was dated July 24 and cited a Rocky Mountain HIDTA report from last September to raise "serious questions" about the states oversight of its legal marijuana program. "Please advise as to how Colorado plans to address the serious findings in the Rocky Mountain HIDTA report, including efforts to ensure that all marijuana activity is compliant with state marijuana laws, to combat diversion of marijuana, to protect public health and safety, and to prevent marijuana use by minors," Sessions wrote in the letter obtained by the Cannabist. Sessions has sent similar letters to the governors of Oregon and Washington.

Maine Public Safety Panel Rejects Per Se DUID for Marijuana. A Department of Public Safety committee charged with addressing marijuana and driving has decided the state does not need a DUID law for pot that sets a blood-level limit for THC. Committee Chair Scot Maddox said the state's existing laws against impaired driving would suffice, but that lawmakers should provide more money to train police to recognize pot-impaired drivers.

Medical Marijuana

Texas Bill Would Expand Medical Marijuana Qualifying Conditions. State Sen. Jose Menendez (D-San Antonio) Senate Bill 79 last year, but it hoping it will be taken up during the legislature's special session, which still has 10 days left. Under current law, only people suffering from intractable epilepsy can use medical marijuana. This bill would expand the list of qualifying conditions to include PTSD, cancer, traumatic brain injury, and other "debilitating conditions."

International

US-Colombia Tensions Over Coca. At a congressional hearing last week, the State Department's Assistant Secretary for International Narcotics and Law Enforcement Affairs ("drugs and thugs") William Brownfield said the US could not support elements of Colombia's efforts at coca crop substitution and alternative development because the FARC is involved and the US considers the FARC a terrorist organization. But it is precisely the FARC with whom the Colombian government signed its peace deal. Brownfield also called for limits on voluntary coca eradication agreements and insisted the Colombian government implement "a robust forced manual eradication effort." In remarks to the press afterward, Brownfield threatened Colombia with "bilateral political problems" if a solution acceptable to Washington is not found, Insight Crime reported.

Chronicle AM: DEA to Cut Pain Pill Quotas Next Year, Sessions Eyes WA's Legal Pot, More...(8/4/17)

Attorney General Sessions is giving the hairy eyeball to Washington state's legal pot program, the DEA is moving to reduce prescription opioid production next year, the head of the Los Angeles city council wants the city to create a bank for the pot industry, and more.

The DEA is set to cut Schedule II opioid manufacturing by 20% next year.
Marijuana Policy

Sessions Criticizes Washington Legalization in Letter to State Officials. Attorney General Jeff Sessions sent a letter late last month to officials in Washington state challenging the way the state has implemented marijuana legalization and asking them to address concerns raised by a Northwest High Intensity Drug Trafficking Area (HIDTA) report critical of legalization. That report, Sessions wrote, "raises serious questions about the efficacy of marijuana 'regulatory structures' in your state." He cited portions of the report focusing on the diversion of legal weed out of state, drugged driving, and use by minors, all of which are areas flagged by the Obama administration's Cole memo as possibly being grounds for federal intervention.

Los Angeles City Council President Proposes Pot Bank. LA City Council President Herb Wesson called in a speech late last month for the city to create a bank that would serve the marijuana industry, as well as other social needs in the city. Citing images of pot shop owners lugging around sacks of cash, he argued that city officials had a responsibility to figure out a way to make legalization work and that access to banking was a key part of it.

Medical Marijuana

New Jersey Panel Advises Expanding List of Qualifying Conditions. In a report issued last week, the state's Medicinal Marijuana Review Panel said it was ready to approve 43 more qualifying medical conditions for medical marijuana. Among them are chronic pain, migraines, anxiety, opiate-use disorder, arthritis, Alzheimer's disease, autism, and Tourette syndrome. But it's not a done deal yet -- there's a two month public comment period now, and the state health commissioner makes the final decision, after that.

Heroin and Prescription Opioids

DEA Proposes Cutting Amount of Opioids Manufactured Next Year. In a Federal Register notice dated August 7, but available for viewing now, the DEA is proposing reducing the amount of Schedule II opioid pain relievers manufactured in the US by 20% in 2018. "Demand for these opioid medicines has dropped," the DEA, citing prescription data. "Physicians, pharmacists, and patients must recognize the inherent risks of these powerful medications, especially for long-term use," said Acting Administrator Chuck Rosenberg in a statement. "More states are mandating use of prescription drug monitoring programs, which is good, and that has prompted a decrease in opioid prescriptions."

Asset Forfeiture

Las Vegas Civil Asset Forfeiture Happens Mainly in Poor, Minority Neighborhoods, Report Finds. A new report from the Nevada Policy Research Institute shows that civil asset forfeiture in the city happens mostly in poor and minority neighborhoods. The report found that two-thirds of all seizures were made in zip codes where the nonwhite population averages 42% and the poverty rate was 27%. The report also found that more than half of all seizures were for cash or assets valued at less than $1,000. Las Vegas Metro Police seized more than $2.1 million last year, the report found. In recent years, seizures ranged from a high of $515,000 in one case to a low of $74 in another.

Chronicle AM: British Drug Deaths at Record High, Another Good Poll for Pot, More... (8/3/17)

A new poll shows extremely low support for marijuana prohibition, Maine lawmakers want to restrict how much pot landowners can allow for personal grows, drug deaths are up dramatically in the UK, and more.

Aging "trainspotters" are driving drug deaths in Britain, experts say. (Wikimedia)
Marijuana Policy

Poll: Fewer Than One Out of Seven Believe Marijuana Should Be Fully Illegal. A new Harvard-Harris poll finds that only 14% of Americans believe marijuana should be fully illegal, with a near majority 49% favoring legalization for recreational purposes and a supermajority of 86% in favor of legal medical marijuana. The 49% figure is lower than most recent polls, which have had support for legalization in the fifties, but still demonstrates a huge gap between support for and opposition to legalization.

Maine Lawmakers Propose Personal Grow Limit of 12 Plants Per Property. The legislative committee working to establish rules for marijuana legalization in the state have proposed limiting the number of personal use plants grown on a single property to 12 in a bid to prevent leakage to the black market. But the move is controversial: The state's pot law allows anyone to grow up to six mature plants on their own or someone else's property with the property owner's permission, and some rural landholders have plans to allow multiple people to do personal grows on their property. It's not a done deal; just a proposal at this point. It does not apply to commercial or medical marijuana grows.

Medical Marijuana

North Dakota Reports Heavy Interest in Medical Marijuana Industry. The Health Department's medical marijuana division reported Wednesday that it has received 97 nonbinding letters of intent from potential medical marijuana producers. The level of interest exceeded the division's expectations, and the director of the Health Department's medical marijuana division, Kenan Bullinger, told the Associated Press, "I'm pretty sure we're going to have the ability to have a dispensary in each part of the state." The department is looking to name final selections by November, and is eyeing a late spring or early summer timeline for dispensary sales to begin.

International

Drug Deaths in England and Wales at Record High. British government figures published on Wednesday show that deaths from heroin, cocaine, and ecstasy are at all-time highs and have more than doubled in the past five years. Some experts partially attributed the rise in drug deaths to an aging "trainspotting" generation, noting that the most deaths occurred in the 40-49 age group. Critics used the figures to assail the government's drug policies.

Medical Marijuana Update

The fight to defund federal law enforcement in medical marijuana states continues, the NFL is ready to work with players on medical marijuana for pain management, Puerto Rico is banking on medical marijuana to boost its economy, and more.

National

Last Thursday, a Senate panel approved an amendment defunding DOJ medical marijuana enforcement. The Senate Appropriations Committee voted to approve an amendment that would block the Justice Department from spending any funds to go after medical marijuana in states where it is legal. The amendment, which passed with strong Republican support, is a striking rebuke to Attorney General Jeff Sessions, who had personally requested that Congress kill the amendment. A House committee last Wednesday killed a similar amendment, but if the Senate amendment stays in the appropriations bill, it could be the basis for conference committee negotiations later.

On Monday, the NFL offered to work with the players' union on pot for pain management. The NFL has sent a letter to the NFL Players Association offering to work together with the union to study the possibility of marijuana as a pain management tool for players. The NFLPA is already conducting its own study and has yet to respond to the league's offer.

Nevada

Last Tuesday, the state Supreme Court upheld the medical marijuana registry. In its decision, the state Supreme Court unanimously upheld the constitutionality of the state's medical marijuana registry. The program had been challenged by a John Doe lawsuit, which complained that the registry and associated fees violated his due process rights. The lawsuit was rejected by lower state courts, and now the state's highest court has agreed.

Ohio

Last Friday, the state's medical marijuana rules got settled. A bipartisan legislative panel has decided not to modify more than a hundred separate rules proposed by the state Pharmacy Board and Department of Commerce to govern the state's nascent medical marijuana industry. That means medical marijuana growers, processers, sellers, testers, and users can now begin to get down to business. Growing operations are expected to start being licensed next month, and the whole system is supposed to be up and running by September 1, 2018.

Pennsylvania

Last Thursday, a medical marijuana job fair drug hundreds. Hundreds of people showed up for a chance to get a job at PurePenn's future production facility in McKeesport. The company will be growing pot plants and producing capsules, ointments, and oils. It is expected to be fully operational by January. Employees will be paid twice the minimum wage.

Puerto Rico

On Tuesday, the island was looking to medical marijuana as an economic boost. Economically ravaged Puerto Rico is counting on medical marijuana to boost its economy. The island's treasury secretary estimates the industry could generate up to $100 million a year and help reduce an unemployment rate currently around 12%. The US territory is in a fiscal crisis, facing billions in budgets cuts and a public debt load of $70 billion. David Quinones, operations director of the island's largest medical marijuana producer, Natural Ventures, told the Washington Post, "Name one new industry in Puerto Rico capable of generating millions and billions in capital and improving an economy in a mega-crisis. There is none."

Utah

On Sunday, a new poll found a "supermajority" in favor of medical marijuana. Nearly four out of five (78%) Utahns favor a medical marijuana initiative now in the signature gathering phase of its campaign, according to a Dan Jones & Associates poll commissioned by the Salt Lake Tribune. The campaign is headed by the Utah Patients Coalition, which is acting after the state legislature baling at approving medical marijuana.

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

Judge Forces First-Time Drug Offenders to Take Christian Drug Treatment Course

A municipal court judge in Louisiana with an apparently limited understanding of the US Constitution is forcing first-time drug offenders seeking probation to attend a Christian program called "Life Choices" offered by a local church.

The First Amendment's Establishment clause mandates that the government cannot in any way promote, advance, or otherwise endorse any religion, a principle well-established in federal jurisprudence. That bright dividing line between church and state also applies to court orders and terms of probation that require participation in religious programs, as can be seen in a line of cases decided in federal appeals courts over the past 20 years.

The fundamental principle behind Establishment cause jurisprudence is, as noted in Lee v. Weisman (1992), that government must remain neutral toward religion because "the preservation and transmission of religious beliefs and worship is a responsibility and a choice committed to the private sphere."

Not in the court of Sulphur City Court Judge Charles Schrumpf, though. As the Freedom From Religion Foundation noted in a July 20 complaint letter to Schrump and probation officer Barbarba Adam, Schrump's way of handling those cases is completely unconstitutional. Probationers in the program receive a Bible and have to complete homework that involves reading passages from scripture, as well as from the evangelical text "Made to Crave."

According to the letter, probationers who objected to participating in the Life Choices program because of its religious content have been told by Probation Officer Adam to "take it up with the judge" in a threatening tone and warned that failure to complete the program would result in the revocation of their probation.

According to the blog Friendly Atheist, which spoke with a person ordered to take the course, the course teacher said that while attendees weren't required to be Christian, that was the ultimate goal, and Probation Officer Adams responded to an attendee who said he was an atheist by saying, "We'll see how you feel after eight weeks [of class]."

The foundation is demanding that the practice be ended and that if the court is going to impose drug treatment or counseling as a condition of probation, it does so through programs that are "medical and secular, not religious in nature." At this point, the foundation is not threatening a lawsuit; only seeking notification "of the appropriate actions taken by the Court and the Probation Office to protect the right of conscience of probationers in their care."

There is no word yet on whether Judge Schrumpf will heed the foundation's complaint and restore the Constitution in his court or whether he will double down in defiance. In the meantime, if you get caught with drugs in Sulphur Springs, may God help you.

Chronicle AM: WH Opioid Panel Calls for Declaration of National Emergency, More... (8/1/2017)

Federal bills to legalize marijuana and allow drug testing of people seeking unemployment benefits get filed, the presidential commission on opioids issues a preliminary reports, the NFL offers to work with the players' union on medical marijuana, and more.

Marijuana Policy

With overdoses at record levels, Trump's presidential commission takes a largely public health approach to the crisis.
Corey Booker Files Federal Marijuana Legalization Bill. Sen. Cory Booker (D-NJ) filed the Marijuana Justice Act on Tuesday. The bill would remove marijuana from the Controlled Substances Act, punish states for disproportionately arresting or imprisoning poor people or minorities for marijuana offenses, prevent deportation for marijuana offenses, provide for resentencing of federal marijuana prisoners, and create a $500 million "Community Reinvestment Fund" for communities most negatively impacted by the war on drugs.

South Dakota Legalization Initiative Imperiled by Wording Error. A legalization initiative sponsored by New Approach South Dakota could be in trouble over a wording error. The way the measure is worded, it would, according to Legislative Council analysts, only legalize pot paraphernalia, not marijuana itself. The campaign said the problem is only a "typo" and can be fixed. Friendly legislators have offered to author a legislative fix if the initiative passes. Because of state initiative deadlines, it is too late for petitioners to start over in time to get on the November 2018 ballot.

Medical Marijuana

NFL Offers to Work With Players Union on Marijuana for Pain Management. The NFL has sent a letter to the NFL Players Association offering to work together with the union to study the possibility of marijuana as a pain management tool for players. The NFLPA is already conducting its own study and has yet to respond to the league's offer.

Ohio Medical Marijuana Rules Get Settled. A bipartisan legislative panel has decided not to modify more than a hundred separate rules proposed by the state Pharmacy Board and Department of Commerce to govern the state's nascent medical marijuana industry. That means medical marijuana growers, processers, sellers, testers, and users can now begin to get down to business. Growing operations are expected to start being licensed next month, and the whole system is supposed to be up and running by September 1, 2018.

Utah Poll Finds "Supermajority" Support for Medical Marijuana. Nearly four out of five (78%) Utahns favor a medical marijuana initiative now in the signature gathering phase of its campaign, according to a Dan Jones & Associates poll commissioned by the Salt Lake Tribune. The campaign is headed by the Utah Patients Coalition, which is acting after the state legislature baling at approving medical marijuana.

Drug Testing

Federal Unemployment Drug Testing Bill Filed. Rep. Buddy Carter (R-SC) has filed the Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act, which would require people applying for unemployment assistance to undergo substance abuse screening and possible drug testing to receive benefits. "Unemployment is not for people who are abusing drugs and using that money to buy drugs but instead to help them get back on their feet," said Rep. Carter. "And we want to make sure that is what they are doing with it." People applying for those benefits have been laid-off from jobs for lack of work, not let go for drug abuse.

Heroin and Prescription Opioids

Presidential Commission Issues Belated Preliminary Report, Calls for Declaration of National Emergency. The presidential Commission on Combating Drug Addiction and the Opioid Crisis led by Gov. Chris Christie (R-NJ) issued a preliminary report on Monday whose lead recommendation is for the president "to declare a national emergency under either the Public Service Act or the Stafford Act." The report largely takes a public health approach to the issue, calling as well for expanding drug treatment capacity under Medicaid, increasing the use of medication-assisted treatment for opioid disorders, mandating that all police officers carry the opioid overdose reversal drug naloxone, broadening Good Samaritan laws, and encouraging the development of non-opioid pain relievers.

Chronicle AM: Senate Keeps MedMj Language, Kansas SWAT Lawsuit Revived, More... (7/27/17)

A Senate panel has approved an amendment barring the DOJ from going after medical marijuana states, criminal justice reform groups want close scrutiny of US Attorney nominees, a federal appeals court reinstates a lawsuit over a SWAT raid that turned up only tomatoes and tea leaves, and more.

A Kansas SWAT team looking for a pot grow raided a couple who were only growing tomatoes. Now, their lawsuit can proceed.
Medical Marijuana

Senate Panel Approves Amendment Defunding DOJ Medical Marijuana Enforcement. The Senate Appropriations Committee voted Thursday to approve an amendment that would block the Justice Department from spending any funds to go after medical marijuana in states where it is legal. The amendment, which passed with strong Republican support, is a striking rebuke to Attorney General Jeff Sessions, who had personally requested that Congress kill the amendment. A House committee yesterday killed a similar amendment, but if the Senate amendment stays in the appropriations bill, it could be the basis for conference committee negotiations later.

Nevada Supreme Court Upholds Medical Marijuana Registry. In a Tuesday decision, the state Supreme Court unanimously upheld the constitutionality of the state's medical marijuana registry. The program had been challenged by a John Doe lawsuit, which complained that the registry and associated fees violated his due process rights. The lawsuit was rejected by lower state courts, and now the state's highest court has agreed.

Law Enforcement

Reform Groups Call on Senate to Closely Scrutinize Trump's US Attorney Nominees. A number of criminal justice reform groups on both the left and the right are calling on Senate Judiciary Chairman Sen. Chuck Grassley (R-IA) to have committee members actually question nominees, whether at hearings or in writing. The groups, which include Families Against Mandatory Minimums, Right on Crime, and the American Conservative Union, want nominees' positions on key issues such as asset forfeiture, sentencing policy, and respecting the authority of states to be made clear. "In view of the recent policies announced by the Department of Justice (DOJ), it is even more important that the Senate understand each nominee's views of the proper role government attorneys play in seeking justice rather than merely 'winning' the cases they bring," the groups wrote. The coalition made an initial request to Grassley in March, but got no response.

Federal Appeals Court Reinstates Lawsuit Against Kansas Cops Who Led SWAT Raid Against Couple Growing Tomatoes. In a blistering decision, the 10th US Circuit Court of Appeals reinstated a lawsuit filed by a suburban Kansas City couple after a SWAT-style raid based on the couple's visit to a garden supply shop and a faulty field drug test that said tea leaves in their trash were marijuana. There was no marijuana. The family sued the Johnson County Sheriff's Office after the 2012 raid. A federal judge dismissed the lawsuit in 2015, but now the 10th Circuit has overruled him.

Medical Marijuana Update

Medical marijuana for vets hits a bump in the House, a federal medical marijuana research bill is introduced, a bid to expand medical marijuana in the Lone Star State gets stymied, and more.

National

On Monday, a federal bill to facilitate medical marijuana research was filed. A bipartisan group of representatives led by marijuana reformer Rep. Earl Blumenauer (D-OR) and anti-legalization Rep. Andy Harris (R-MD) has filed House Resolution 3391, the Medical Marijuana Research Act of 2017. The bill would remove barriers inhibiting medical marijuana research.

On Tuesday, the House Rules committee blocked an effort to let VA docs recommend medical marijuana. A proposed amendment to the Veterans Administration appropriations bill to allow VA doctors to recommend medical marijuana has been bottled up in the House Rules Committee. The same amendment actually passed the House last year, but committee Chair Rep. Pete Sessions (R-TX) refused to even allow a vote on it. The Senate version of the amendment is still alive, though, and if the Senate approves it again this year, it could still make it into the final appropriations bill.

Texas

Last Wednesday, a bid to expand medical marijuana was defeated. An effort to expand medical marijuana in the state was stopped by the House State Affairs Committee Wednesday. Rep. David Knoll (R) had tried to add an amendment to a special session bill authorizing the Texas Medical Board and other agencies, but the amendment never got enough support to come up for a vote.

US Virgin Islands

On Monday, a bill to legalize medical marijuana was reintroduced. Territorial Sen. Positive Nelson has refiled his Virgin Islands Medical Cannabis Patient Care Act. A similar bill died in committee last year, and Nelson wants to avoid a similar fate this year. "I'm requesting that this measure be heard by the committee of the whole, and not the Health Committee, whose chair has exhibited an obvious bias against cannabis legalization in any form," Nelson said.

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

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