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Chronicle AM: CA Cities Sue State Over Pot Deliveries, Fed Bill Targets Chinese Fentanyl, More... (4/8/19)

A Hawaii decriminalization bill nears passage, some California cities are suing the state over being forced to allow marijuana deliveries, the 3rd Circuit clarifies the law on intent to distribute, and more.

A bipartisan federal bill targeting Chinese fentanyl production has been filed. (Creative Commons)
Marijuana Policy

California Cities That Restrict Marijuana Sales Sue State Over Allowing Deliveries. Twenty-four cities that ban legal marijuana sales filed suit against the state last Thursday, arguing that allowing home deliveries in those locales violates the state's marijuana laws. The lawsuit comes after the California Bureau of Cannabis Control adopted a rule in January that permits state-licensed companies to deliver marijuana in cities that ban pot shops.

Florida Legalization Bill Killed. A bill that would have legalized marijuana in the Sunshine State is dead. HB 1117, filed by Rep. Carlos Guillermo Smith (D) was killed in the House Judiciary Committee, where, he said, "It got no hearing, no debate, no vote. Just like they always do."

Hawaii Senate Committee Approves Decriminalization Bill. The Senate Ways and Means Committee has approved a bill that would decriminalize the possession of up to three grams of marijuana, HB 1383. The bill has already passed out of the House and two other Senate committees and now heads for a Senate floor vote. If it passes there, it will then go to a conference committee to iron out differences between the House and Senate versions of the bill.

North Dakota Legalization Initiative Organizers to Try Again in 2020. Legalize ND, the folks behind the failed 2018 legalization initiative, will be back in 2020, the group said last Thursday. Organizers said they hoped to have initiative language in place by mid-summer. The new measure will include possession limits, growing limits, taxes on sales, banning of edible gummies, packaging and licensing requirements and wouldn't allow any type of advertising of products.

Medical Marijuana

New Mexico Governor Signs Omnibus Medical Marijuana Bill. Gov. Michelle Lujan Grisham (D) has signed SB 406 into law. The bill makes broad changes in the state's medical marijuana program, including allowing medical marijuana in schools and allowing licensed manufacturers to process home-grown marijuana. And it allows for reciprocity with other medical marijuana states and protects workers who are medical marijuana patients.

Prosecution

Third Circuit Tosses Heroin Dealer's Conviction, Clarifies Law on Intent to Distribute. The US 3rd Circuit Court of Appeals has thrown out the conviction of a heroin dealer, ruling that a conviction for intent to distribute 1,000 grams or more of heroin must be based on evidence that the defendant possessed or distributed that quantity at a single time and not based on adding up several smaller possessions and distributions during the indictment period.

Foreign Policy

Bipartisan Bill Targets China Over Fentanyl. Sens. Chuck Schumer (D-NY) and Tom Cotton (R-AR) led a bipartisan group of senators in filing a bill that would slap sanctions on China if it fails to live up to its recent promise to regulate fentanyl as a controlled substance. The Fentanyl Sanctions Act allots $600 million to law enforcement and intelligence officials to identify producers and traffickers of the drug and would block access to US markets for Chinese chemical and pharmaceutical companies if they are caught producing the drug.

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.

Chronicle AM: Supreme Court Slaps Down Asset Forfeiture, No More No-Knocks in Houston, More... (2/20/19)

The Supreme Court reins in civil asset forfeiture, Denver joins cities participating in LEAD, Houston ends undercover no-knock raids in the wake of a fatal encounter, and more.

The US Supreme Court (Creative Commons)
Marijuana Policy

Maryland General Assembly Creates Legalization Working Group. In a sign that marijuana legalization isn’t going to happen this year, the General Assembly has created a working group to study the issue. The bipartisan group will make recommendations in December that could be used to help guide bills during the 2020 legislative session.

South Carolina Poll Has Half Supporting Medical Marijuana, Nearly a Quarter for Legalization. A new poll from political strategist Robert Cahaly has support for marijuana legalization at 22.8%, with another 49.7% saying they supported legalizing marijuana "for people suffering illness and with a doctor’s approval."

Hemp

Ohio Hemp Bill Filed. Lawmakers have filed a bill to legalize hemp production in the state, SB 77. The bill would align state law with the framework of the 2018 farm bill, which legalized hemp nationwide.

Medical Marijuana

New Mexico Senate Passes Bill to Allow Medical Marijuana in Schools. A bill that allows medical marijuana to be given to students at public schools passed the Senate on Monday. SB 204 now heads to the House Human Services Committee.

Asset Forfeiture

U.S. Supreme Court Unanimously Reins in Civil Asset Forfeiture. In a victory for proponents of civil asset forfeiture reform, the U.S. Supreme Court ruled today in Timbs v. Indiana that the Eighth Amendment's Excessive Fines Clause applies to states, thereby prohibiting state and local governments from collecting excessive fines, fees and forfeitures. Justice Ruth Bader Ginsburg wrote the majority opinion. "The protection against excessive fines guards against abuses of government’s punitive or criminal law-enforcement authority," Ginsburg wrote. 

Law Enforcement

Denver Signs on to Law Enforcement Assisted Diversion. City officials unveiled a Law Enforcement Assisted Diversion (LEAD) pilot program on Tuesday. The program is designed to connect people accused of low-level drug crimes with support services rather than arresting them. LEAD programs operate in a number of other cities, including Philadelphia, Portland, and Seattle. The pilot program is funded through 2020 by a $561,000 grant paid for out of the state's marijuana tax cash fund.

Houston Ends No-Knock Raids in Wake of Fatal Encounter. With few exceptions, Houston undercover officers will no longer conduct no-knock raids. The move comes after four police officers were wounded and a Houston couple killed in a raid that was based on a police officer's lies. "The no-knock warrants are going to go away like leaded gasoline in this city," Chief Art Acevedo announced during a town hall meeting Monday. 

Chronicle AM: Hemp Moving in Red States, NJ to Expand Needle Exchange Programs, More... (2/13/19)

Hemp is hopping in the heartland, the effort to undo Florida's ban on smokable medical marijuana advances, New York City ponders barring pre-employment drug tests for marijuana, and more.

It's starting to feel like it'll be hemp fields from sea to shining sea. (VoteHemp.org)
Marijuana Policy

New York City Bill Would Ban Pre-Employment Marijuana Drug Testing. Councilman Jumaane Williams filed a bill Wednesday that would bar employers from testing job applicants for marijuana as a condition of employment. The bill is part of a broader package of marijuana reform legislation before the city council. "As we’re jettisoning toward legalization, it doesn't make sense that this would be something that would prevent someone from getting gainful employment," Williams said. "If you ingest weed in whatever manner a month ago, I'm not sure how that prevents you from doing your job now," he added.

Medical Marijuana

Florida Legislature Advances Plan to Allow Smokable Medical Marijuana. Committees in both the House and the Senate approved bills that would allow patients to smoke their marijuana, although the House plan would limit it to pre-rolled joints with filters. A less restrictive Senate bill to allow smoking, SB 182, passed out of the Innovation, Industry, and Technology Committee Tuesday. Movement on the bills suggests lawmakers could pass the legislation before a March 15 deadline set by Gov. Ron DeSantis (R).

Kentucky Senate Sees Medical Marijuana Bill Filed. State Sen. Stephen West (R-Paris) has filed SB 170 to legalize medical marijuana in the state. Companion legislation, HB 136, was introduced last month.

Hemp

Mississippi Hemp Bill Advances. An effort to legalize industrial hemp cultivation in the state got a big boost Tuesday when Rep. Dana Criswell (R-Olive Branch successfully offered an amendment to bill modifying the state's drug schedules, HB 1547, to include allowing hemp cultivation. The bill now heads for a House floor vote.

Nebraska Moving to Legalize Hemp Production. Lawmakers and state agency officials are working together to craft an industrial hemp bill. A hearing was held Tuesday on LB 657, which solons and farmers touted as a means of helping diversifying crops. The Agriculture Department testified that it supported legalizing hemp production but was concerned about proper regulations.

Harm Reduction

New Jersey to Expand Needle Exchange Programs. State Department of Health Commissioner Dr. Shereef Elnahal said this week that the state will enhance services at seven existing needle exchange programs and open new ones in the months to come. The plan is part of a broader effort to address opioid addiction and its side effects. 

Chronicle AM: El Chapo Convicted on All Counts, NY Legal Pot Politics Heats Up, More... (2/12/19)

The former leader of the Sinaloa Cartel has been found guilty on all counts at his trial in New York City, Sri Lanka advertises for hangmen as the president there vows to resume drug executions, South Dakota House members defy their governor and approve a hemp bill, and more.

Joaquin "El Chapo" Guzman being arrested in Mexico. He's now been found guilty in a court in New York. (sedena.gov.mx)
Marijuana Policy

New York Pot Legalization Foes Lobby in Albany. Groups opposed to marijuana legalization gathered at the Capitol Monday to urge lawmakers to reject the idea. Led by Kevin Sabet of Smart About Marijuana, foes warned that legalization would lead to increased use among schoolchildren—even though that hasn’t been the case in early legalization states such as Colorado and Washington. Sabet was joined at the Capitol by representatives of the state PTA, the Police Conference of New York and representatives of groups that deal with drug and alcohol addiction, all of which oppose legalization.

New York Coalition Urges Governor Cuomo to Improve Marijuana Legalization Bill to Center Racial and Economic Justice. Members of the Start SMART NY coalition (Sensible Marijuana Access through Regulated Trade) Tuesday laid out their vision for a just marijuana industry and demanded that Governor Andrew Cuomo incorporate the Marijuana Regulation and Taxation Act (A.1617) into his proposed recreational marijuana legalization plan. The act is model legislation to create a taxed and regulated adult-use marijuana market that not only creates economic opportunities for all New Yorkers but also addresses the harms of decades of prohibition. 

Hemp

South Dakota House Ignores Governor, Passes Hemp Bill. Rejecting advice from Gov. Kristi Noem (R) to leave hemp alone this year, the House on Monday voted 65-2 to pass HB 1191, which would give farmers and producers the green light on hemp production beginning July 1. The bill now heads to the Senate, where GOP leaders say it will likely pass.

Law Enforcement

El Chapo Convicted on All Counts. Joaquin Guzman Loera, known by various aliases, including “El Chapo” and “El Rapido,” was convicted today by a federal jury in Brooklyn, New York of being a principal operator of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy.  Guzman Loera was convicted of all 10 counts of a superseding indictment, including narcotics trafficking, using a firearm in furtherance of his drug crimes and participating in a money laundering conspiracy.  The verdict followed a 12-week trial before U.S. District Judge Brian M. Cogan.  Guzman Loera faces a mandatory sentence of life imprisonment. Sentencing has been set for June.

Pregnancy

Tennessee Bill Would Prosecute Mothers for Drug Use While Pregnant. A bill filed last week, SB 659, would authorize a woman to be prosecuted for assault based on the person using a narcotic drug illegally while pregnant if the child is born addicted to or harmed by the drug used. A woman could avoid prosecution under the bill if she was actively enrolled in an addiction recovery program before the child was born if she remained in the program after delivery and successfully completed the program. An identical bill has been filed in the House.

International

Sri Lanka Advertises for Hangmen as President Pushes for Harsher Drug War. The government has begun advertising for hangmen after President Maithripala Sirisena said last week he wanted to resume capital punishment for drug traffickers within 60 days. Although drug trafficking is already a capital offense in the country, no one has been executed for any crime there since 1976. Last month, during a visit to the Philippines, Sirisena praised President Rodrigo Duterte’s bloody war on drugs, which has resulted in the deaths of thousands.

Chronicle AM: Feds Move Against Philly Safe Injection Site, MA Heroin OD Death Case, More.... (2/6/19)

Pushback against marijuana legalization emerges in Illinois and New York, the federal prosecutor in Philadelphia has moved to block a supervised injection site, the Massachusetts Supreme Judicial Court will decide on whether an involuntary manslaughter charge is appropriate in a heroin overdose death case, and more.

Massachusett's highest court will decide if sharing heroin with someone who ODs is involuntary manslaughter. (Creative Commons)
Marijuana Policy

Illinois Catholic Bishops Oppose Marijuana Legalization. The bishops in charge of all six of the state’s Catholic dioceses have unsurprisingly come out against efforts in the state legislature to legalize marijuana. "As lawmakers consider this issue, it is important to remember they are not only debating the legalization of marijuana, but also commercialization of a drug into an industry the state will profit from," the bishops said in a statement. "In seeking the common good, the state should protect its citizens."

New York PTA Opposes Marijuana Legalization. The New York State Parent Teacher Association has Gov. Andrew Cuomo's (D) and the legislature's push to legalize marijuana.  is urging Gov. Andrew M. Cuomo and state lawmakers to rethink their push to legalize adult-use marijuana. "In 2017 the American Medical Association stated that marijuana is a dangerous drug, a serious public health concern and that the sale of marijuana for recreational use should not be legalized," State PTA Executive Director Kyle Belokopitsky said in a statement. "We need to listen to experts on this and must do more to protect our children from substance use disorders. This is the wrong move for New York state, our children and their families." The bill the governor has proposed requires New Yorkers to be at least 21 years of age to consume marijuana.

Medical Marijuana

Nebraska Medical Marijuana Initiative Backers File Proposed Language. A group calling itself Nebraskans for Sensible Marijuana Laws submitted its proposed language for a medical marijuana ballot initiative Tuesday. If approved for signature gathering, the initiative will need about 130,000 valid voter signatures to qualify for the 2020 ballot. The move comes after the state legislature has refused for years to pass legislation, but initiative organizers say they would prefer to achieve their goals by passing Legislative Bill 110, which is pending this session.

Asset Forfeiture

Hawaii Civil Asset Forfeiture Reform Bill Wins Senate Committee Vote. The Senate Judiciary Committee voted unanimously Tuesday to approve SB 1467, which would end civil asset forfeiture in the state. The bill now goes to the Senate Ways and Means Committee before heading to a Senate floor vote. 

Harm Reduction

Eastern Pennsylvania US Attorney Files Lawsuit to Block Philadelphia Supervised Injection Site. US Attorney for the Eastern District of Pennsylvania William McSwain announced at a Wednesday morning news conference that he had filed a lawsuit aimed at blocking Philadelphia from becoming the first city in the nation to host a supervised injection site. His lawsuit asks a federal judge to declare such a facility illegal under federal law. McSwain said that by seeking a civil ruling before the site became operational, his office could avoid having to resort to making criminal arrests and prosecutions and/or forfeiture proceedings. McSwain's move comes after city officials have spent more than a year preparing to get a site up and running.

Sentencing

Massachusetts Supreme Judicial Court to Decide on Appropriate Penalty for Supplying Heroin in Overdose Cases. The state's highest court will decide whether a UMass-Amherst student who jointly procured heroin with a friend who subsequently overdosed and died from the drug can be charged with involuntary manslaughter based on wanton or reckless conduct and drug distribution. In oral arguments Monday, the student's attorneys noted that while other had been charged with involuntary manslaughter in overdose deaths, their client had not injected the victim with heroin, supplied him with other drugs, or knew of any prior overdoses. The court is not expected to rule on the case for four or five months.

Medical Marijuana Update

One company is offering free medical marijuana to federal workers impacted by the shutdown, a federal medical marijuana research bill has been filed, Florida's new governor looks to loosen the state's medical marijuana law, and more.

National

Federal Medical Marijuana Research Bill Reintroduced. Rep. Matt Gaetz (R-FL) last Wednesday refiled the Medical Cannabis Research Act. It is not yet available on the congressional website. The bill would require the Justice Department to approve more producers of research-grade marijuana, allow the Department of Veterans Affairs to inform patients about medical marijuana studies they can participate in, and protect medical marijuana research institutions. A provision in last year's version that barred people with drug convictions from growing research marijuana has been removed after Democrats complained about it last year.

Medical Marijuana Provider Offering Free Product to Government Workers Affected by Shutdown. BudTrader.com, which describes itself as “the largest online cannabis marketplace,” is offering free medical marijuana to federal workers who can't pay because of the shutdown. “I don’t think federal employees are getting enough love and support, in these tough times, we want to extend the offer of a donation of medical cannabis to any federal worker affected by the shutdown,” BudTrader CEO Brad McLaughlin said in a Tuesday news release. The company said it will donate “the maximum legal allowable amount of cannabis” to any affected government employees.

CBS Rejects Medical Marijuana Superbowl Ad. CBS has refused to air a Superbowl ad submitted by Acreage Holdings, an American marijuana company whose board of directors includes former House Speaker John Boehner. The ad would have focused on how medical marijuana helped people cope with pain. Acreage said it may sue over the issue.

Arizona

Arizona Bill Would Clarify That Hash is Medical Marijuana. Rep. Tony Rivero (R-Peoria) has introduced HB 2149 to remove a provision of the state's criminal code that treats hashish differently than marijuana. The bill is in response to a state appeals court ruling that hashish is not considered to be medical marijuana under state law. That issue is currently before the state Supreme Court, but Rivero's bill would settle the matter once and for all.

Florida

Florida Governor Will End Fight to Block Smoking Buds. New Gov. Ron DeSantis (R) said last Thursday that if the legislature doesn't move to allow the smoking of medical marijuana by March, he will drop the state's appeal to keep the ban in place. A state court had blocked the ban, but DeSantis' predecessor, former Gov. Rick Scott, ordered the appeal.

Michigan

Michigan Will Allow Unlicensed Dispensaries to Reopen. The Medical Marihuana Licensing Board agreed last Wednesday to allow dispensaries that are in the process of applying for a license and who have local approval to stay open until March 31. The move comes amidst a medical marijuana shortage caused in part by the board's closure of 72 unlicensed dispensaries on January 1.

New Mexico

Federal Court Upholds First Amendment Rights of New Mexico Medical Marijuana Company. US District Court Judge James Parker has found in favor of Ultra Health, the state's largest medical marijuana provider, in a case that pitted it against the New Mexico State Fair. Fair officials had blocked the company from displaying an educational booth at the fair in 2017, and Ultra Health sued. The judge found that fair staff had infringed on Ultra Health's free speech and civil rights: “The State Fair’s restrictions ... as applied to Ultra Health’s 2017 State Fair application were unreasonable in light of the purpose of the forum and the surrounding circumstances and therefore violated Ultra Health’s First Amendment right to free speech,” Judge Parker wrote in his ruling.

US Virgin Islands

Virgin Islands Governor Signs Medical Marijuana Bill into Law. US Virgin Islands Gov. Albert Bryan Jr. signed the Medical Cannabis Patient Care Act into law last Tuesday, making the territory the latest U.S. jurisdiction to adopt an effective medical marijuana law. The bill, sponsored by Sen. Positive T.A. Nelson, received final approval from the Legislature on December 28.

Washington

Washington State Bill Would Allow Medical Marijuana Use in Schools. Rep. Brian Blake (D-Aberdeen) has filed HB 1060, which would make it legal for students to use medical marijuana on school campuses. Under the bill, schools would be able to decide whether to allow the use.

Wisconsin

Wisconsin Governor Ready to Move on Medical Marijuana. New Gov. Tony Evers (D) said he will include a “first step” toward legalizing medical marijuana in his state budget proposal. “I just want to make sure we do it correctly,” he said. He will face a tough fight in the legislature, where Republicans control both houses. Assembly Speaker Robin Vos has said she is open to addressing medical marijuana, but Senate Majority Leader Scott Fitzgerald has said he doesn't support it.  

 

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

Chronicle AM: CT Pot Legalization Bill Filed, MI Moving to Rein in Civil Asset Forfeiture, More... (1/22/19)

Marijuana reform bills are starting to pop in state legislatures, a federal court judge rules in favor of a New Mexico medical marijuana provider in a free speech case, and more. 

With Democrats in control in Michigan, civil asset forfeiture could be coming to an end

Marijuana Policy

Connecticut Legalization Bill Filed. A legalization bill cosponsored by 40 Democrat legislators has been filed. HB 5595 would allow for legal sales to adults, home cultivation of up to six plants, and give priority in licensing to existing medical marijuana businesses. The bill also contains a provision for the expungement of previous pot convictions, and it would make it illegal for anyone to drive with more than 5 nanograms of THC per milliliter of blood.

Kentucky Decriminalization Bill Filed. State Sen. Jimmy Higdon (R-Lebanon) has filed a bill to decriminalize small-time pot possession. The measure, SB 82, would define less than an ounce of marijuana as a “personal use quantity” punishable only by a fine. The bill would also exempt “personal use marijuana accessories” from the state's drug paraphernalia law. Under current law, possession of eight ounces or less is a misdemeanor.

Medical Marijuana

Federal Court Upholds First Amendment Rights of New Mexico Medical Marijuana Company. US District Court Judge James Parker has found in favor of Ultra Health, the state's largest medical marijuana provider, in a case that pitted it against the New Mexico State Fair. Fair officials had blocked the company from displaying an educational booth at the fair in 2017, and Ultra Health sued. The judge found that fair staff had infringed on Ultra Health's free speech and civil rights: “The State Fair’s restrictions ... as applied to Ultra Health’s 2017 State Fair application were unreasonable in light of the purpose of the forum and the surrounding circumstances and therefore violated Ultra Health’s First Amendment right to free speech,” Judge Parker wrote in his ruling.

Asset Forfeiture

Michigan Legislature Takes Up Ending Civil Asset Forfeiture. The Senate Judiciary and Public Safety Committee will on Thursday take up SB 002, a measure that would require police and prosecutors to win a criminal conviction before permanently seizing someone's property. Similar bills have failed in the past, but now Democrats control both the legislature and the governor's mansion, and both House Speaker Lee Chatfield and Attorney General Dana Nessel support the effort. 

Chronicle AM: Federal Marijuana Cases Decline, Oregon Ponders MJ Exports, More... (1/2/19)

Federal marijuana prosecutions are dropping as more states legalize, Oregon ponders legal marijuana exports, a South Carolina poll shows strong support for medical marijuana, and more.

Marijuana Policy

Federal Marijuana Prosecutions Are Declining. In a year-end report from the Supreme Court, Chief Justice John Roberts noted that while overall drug prosecutions increased during Fiscal Year 2018, marijuana prosecutions were down. "Drug crime defendants, who accounted for 28 percent of total filings, grew two percent, although defendants accused of crimes associated with marijuana decreased 19 percent," Roberts wrote.

New York Governor Vows Marijuana Legalization in Inaugural Address. Gov Andrew Cuomo (D) used his inaugural address Tuesday to reiterate his support for legalizing marijuana. "When they write the history books and ask what did we do -- in the face of anger and division, when people were disillusioned, let New York's answer be that in this defining moment we brought healing and light and hope and progress and action," he said. "That New York led on legalizing recreational marijuana, bringing justice and new economic opportunity not for rich corporations, but for the poor communities that paid too high a price for too long." He also promised to propose "the most progressive agenda this state has ever seen, period" within a hundred days, and included marijuana legalization as part of that.

Oregon Ponders Becoming First State to Export Legal Marijuana. The Craft Cannabis Alliance, led by Adam Smith, is working with legislators on a plan to let the state start exporting marijuana to other legal pot states by 2021. Under draft language for a proposed bill, the state would allow wholesalers to ship across state lines to other legal pot states once the governor had signed a pact with the importing state to allow those deliveries. But any proposed bill to allow such sales faces obstacles at the federal level, where marijuana is still illegal.

Medical Marijuana

South Carolina Poll Has Strong Support for Medical Marijuana. A new poll from Benchmark Research finds that nearly three-quarters of South Carolinians are ready for medical marijuana. The poll had support at 72%, with even 63% of Republicans behind it. Medical marijuana bills last year won some committee votes, but were unable to advance.

Chronicle AM: First Step Act Fight Continues, MI Gets Legal Marijuana December 6, More... (11/28/18)

Senate Republicans are trying to find a way to keep the First Step Act alive, marijuana use and possession becomes legal in Michigan next week, and more.

Will the First Step Act get a Senate vote this year? And if it does, will it pass? Stay tuned. (ussc.gov)
Marijuana Policy

Michigan Marijuana Legalization Goes into Effect December 6. As of a week from tomorrow, it will be legal to possess and use small amounts of marijuana. But it will probably take until sometime in 2020 for pot shops to open for business. The state says it will start taking business applications late in 2019.

Medical Marijuana

Michigan Unlicensed Dispensaries Can Stay Open Until Year's End. Medical marijuana dispensaries will be able to continue operating until at least December 31 as they await state licenses, the Bureau of Medical Marijuana Regulation announced Tuesday. Some 40 dispensaries have received state licenses so far; another 98 await licenses.

Psychedelics

Oregon Attorney General Approves Psilocybin Ballot Measure Language. An initiative that would allow licensed medical professionals to administer psilocybin for therapeutic purposes has had its ballot language approved. The next step is signature-gathering to get the measure on the 2020 ballot. The measure will need 140,000 valid voter signatures to qualify.

Drug Treatment

Massachusetts Federal Court Judge Orders Jail to Provide Methadone. A federal court in Massachusetts granted a preliminary injunction this week, requiring that the plaintiff in the case be provided continued access to methadone treatment for his opioid use disorder while incarcerated. The ruling requires a jail in Essex County to provide medication-assisted treatment (MAT) to a man who is about to be sentenced for conduct that occurred two years ago, before he first started his recovery. The court held that the plaintiff is likely to succeed on his claim that the jail's refusal to provide methadone treatment violates both the Americans with Disabilities Act (ADA) and the 8th Amendment of the US Constitution, which prohibits cruel and unusual punishment.

Sentencing Reform

Senate Republicans Seek Way to Get Sentencing Reform Bill Moving Again. Senate Republicans are pondering changing the First Step Act (S.2795) to make it more palatable for some conservatives, but which could blow up the bipartisan compromise that supports the bill as is. Some of the changes being discussed include tightening the safety valve provision, getting tougher on fentanyl offenders, and backing away from an ending the "stacking" regulation, which adds more time to sentences of people convicted of drug offenses while possessing a firearm. President Trump, meanwhile, continues to push Senate Majority Leader Mitch McConnell (R-KY) to bring the bill to a Senate vote.

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