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Chronicle AM: Trump Plans UN Meeting to Push Drug War, NJ Pot Bill Details Unveiled, More.... (9/19/18)

President Trump is headed to the UN to rally global drug warriors, New Jersey's long-awaited marijuana legalization bill is just about ready, Philadelphia settles a massive asset forfeiture lawsuit, and more.

President Trump will address a UN side meeting of hard-line drug war counties next week. (Creative Commons)
Marijuana Policy

New Jersey Marijuana Legalization Bill Just About Ready, Draft Released. Legislators have sent a draft legalization bill to Gov. Phil Murphy's (D) office and legislative leaders say they aim to pass it next month. NJ Advance Media obtained a copy of the draft. Bill features include taxed and regulated marijuana commerce; set asides for minorities, women, and areas with high unemployment; social consumption spaces, delivery services, but no home cultivation.

Medical Marijuana

Florida Fight Over Medical Marijuana Doses. A "negotiated rulemaking" panel of the Department of Health spent hours Monday arguing about how much medical marijuana doctors should be able to recommend for patients. The state currently has no caps on how much pot patients can consume or their doctors prescribe. Some physicians are arguing for controls, saying they underestimated the dangers of opioid prescribing and didn't want to repeat that mistake. But other physicians argued that equating marijuana with opioids is "problematic" for a number of reasons. In the end, the panel agreed to set daily limits at a total of 1,550 milligrams for THC and 2,250 for CBD, or about five to six times the average recommended dosages for medical marijuana patients.

Asset Forfeiture

Philadelphia to Roll Back Civil Forfeiture, Pay $3 Million to Victims. To settle a lawsuit filed by the Institute for Justice, the city of Philadelphia agreed Tuesday to stop allowing law enforcement from profiting from asset forfeiture and to set up a $3 million fund to compensate people victimized by past asset forfeiture actions. The plaintiffs were Philadelphia residents who had property seized through civil asset forfeiture, including one man whose home was seized after his son made a $40 drug sale. Under the settlement, the city agreed to not seize property for minor drug crimes like possession, not forfeit cash in amounts less than $250, and not use any proceeds to pay police officers or prosecutors, to name a few conditions.

Foreign Policy

Trump Administration Plans UN Side Meeting to Ramp Up Global Drug War. The Trump administration will hold an invitation-only event at the UN next week to push for tougher global drug law enforcement. The "Global Call to Action on the World Drug Problem" is limited to countries that have signed onto a US "action plan."  Among the signatories are countries with some of the world's harshest drug policies, including China, Saudi Arabia, and Singapore, as well as Russia, the United Arab Emirates, the United Kingdom, India, and Costa Rica. Countries who signed on will "receive an invitation to attend this High-Level Event" with the US president. "The purpose of this event is to demonstrate international political will to enhance efforts to effectively address and counter the serious threats posed by the world drug problem," says the so-called diplomatic note.

Chronicle AM: MedMJ Researchers Stalled, MS Court Rejects Fatal Overdose Conviction, More... (9/10/18)

It's just about all medical marijuana news today, except for a Mississippi appeals court throwing out a drug-induced homicide-style conviction.

The DOJ is stalling medical marijuana research, and Congress is set to act on the issue, but perhaps too restrictively. (DPA)
Medical Marijuana

Marijuana Research Applications Go Nowhere at Justice Department. The DEA began accepting applications from researchers seeking to grow marijuana two years ago, but as of this week, none of the applications have been responded to. Some two dozen applications have been left in limbo by the Justice Department, the DEA's parent agency, during the tenure of anti-marijuana Attorney General Jeff Sessions.

Marijuana Research Bill Scheduled For Congressional Vote This Week. The House Judiciary Committee will vote Thursday on HR 5634, Rep. Matt Gaetz's Medical Cannabis Research Act. Gaetz says the bill will expand the amount of research-grade marijuana available to researchers, but drug reformers are calling foul over some provisions, including one that bars people with a felony or drug-related misdemeanor conviction from any affiliation with research cultivation operations and another that requires cultivators to get a letter of good standing from a local law enforcement agency. They argued that those provisions should be removed, but Gaetz doesn't look likely to do that.

Connecticut Federal Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination. A federal court in Hartford held last Wednesday that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state's medical marijuana law. Under the state's law, "[n]o employer may refuse to hire a person or may discharge, penalize or threaten an employee solely on the basis of such person's or employee's status as a qualifying patient."

New Mexico Health Secretary Rejects Medical Marijuana for Opioid Addiction. Department of Public Health Secretary Lynn Gallagher has rejected the idea of treating opioid addiction with medical marijuana, saying there isn't enough research to justify using it for addiction treatment. Her decision overrides the state's Cannabis Advisory Board, which recommended 5-1 that it be approved.

Sentencing Policy

Mississippi Appeals Court Throws Out Dealer's Murder Conviction in Overdose Death. The state Court of Appeals has overturned the murder conviction of a man who had been convicted of the crime after a friend died from taking a new psychoactive substance provided by the man. "The evidence introduced at trial was insufficient to support a conviction for either depraved-heart murder or the lesser-included offense of culpable negligence manslaughter," Judge Jack Wilson wrote for an 8-2 majority of the court. The court found that even though the man had provided two doses of the drug to his friend, that wasn't enough to support the murder charges because there was no evidence the man believed the drug would put his friend at risk. The case could spark efforts in the legislature to pass a drug-induced homicide law.

Chronicle AM: NJ Firm Can Drug Test MedMJ Patient, Egypt Bans "Synthetic Hashish," More... (8/17/18)

A federal judge sides with a New Jersey company against a medical marijuana-using worker, Egypt bans "synthetic hashish," a Mexican state advances a bill to decriminalize opium production, and more.

Bolivian President Evo Morales says he wants to return to coca farming, but the people demand him. (Creative Commons)
Medical Marijuana

New Jersey Business Can Drug Test Medical Marijuana Patient, Federal Court Rules. A federal district court judge has ruled that a New Jersey business does not have to waive its requirement for mandatory drug testing to accommodate a worker who uses medical marijuana. The worker had sued the company after it wouldn't allow him to return to work unless he submitted to drug testing. "New Jersey law does not require private employers to waive drug tests for users of medical marijuana," Judge Robert Kugler wrote in his decision. He also noted that "unless expressly provided for by statute, most courts have concluded that the decriminalization of medical marijuana does not shield employees from adverse employment actions."

International

Bolivia President Says He Wants to Return to Coca Farming, But Country Wants Him. President Evo Morales said Thursday he will seek a fourth term in office, citing broad popular support. "The people ask me to return, I do not want to... I want to return to my region to harvest coca, that's the great desire I have, but it is not easy to reject it when the people push you," Morales said. Morales has led the country since 2006, during which period poverty levels have fallen by 3.5%.

Egypt "Synthetic Hashish" Ban. The Health Ministry this week officially banned six forms of "synthetic hashish," or synthetic cannabinoids. The ministry said the ban applied to six "extremely addictive" substances, but it did not provide the technical names for the banned substances.

Mexican State Moving to Legalize Opium Production for Pharmaceutical Purposes. A legislative committee in the state of Guerrero, Mexico's opium production epicenter, has approved a draft bill to decriminalize the production and sale of opium for pharmaceutical purposes. If the bill is approved by the state legislature, it would then be sent to the federal congress for approval. The law is designed to reduce the impact of federal law enforcement on local producers, but critics worry such a law could be used fraudulently by drug cartels supplying heroin to the US.

Chronicle AM: PA Pot Bill Coming, Philippines Police Vow "Surgical, Chilling" Drug War, More... (7/31/18)

A Pennsylvania lawmaker will file a marijuana legalization bill, Canada moves toward roadside saliva drug testing, the Philippines police vow more drug war, and more.

Philippines President Rodrigo Duterte's bloody drug war will continue.(Creative Commons)
Marijuana Policy

Pennsylvania Lawmaker to File Legalization Bill. Citing a recent report from state Auditor General Eugene DePasquale that legalizing marijuana could create more than half a billion annually in tax revenues for the state, Rep. Jake Wheatley (D-Allegheny) says he will introduce a bill to legalize marijuana. "States from coast to coast have embraced legalization and those states are reaping the economic and criminal justice benefits," Wheatley said in a statement. "It is time Pennsylvania joins with those states in leaving behind the ugly stigma of marijuana."

Dark Web

Imprisoned Silk Road Founder Sees Some Charges Dismissed. Federal prosecutors in Maryland have dismissed an indictment against imprisoned Silk Road founder Ross Ulbricht. The indictment contained the only charge that Ulbricht ever engaged in a murder-for-hire scheme. Despite the fact that those charges were never proven, or even tried, they were cited by his sentencing judge in handing down a draconian double life without parole sentence for online drug dealing. Ulbricht is currently appealing his sentence to the US Supreme Court.

International

Canada Set to Approve First Device for Testing Drivers' Saliva for Weed. The federal Justice Department has approved the first device designed to drug test drivers' saliva for the presence of marijuana. Attorney General Jody Wilson-Raybould has now given a 30-day notice of a ministerial order to approve the Draeger DrugTest 5000, produced by a company based in Germany. The device is already approved in other countries, including the United Kingdom and Germany.

Philippines Police Vow "Surgical and Chilling" Drug War. Philippine police vowed Monday to revamp and ratchet up their fight against crime and drugs just a week after President Rodrigo Duterte promised to keep the bloody campaign going. "Surgical and chilling will be the trademark of the reinvigorated anti-illegal drugs and anti-criminality campaign," police chief Oscar Albayalde told a news conference. Tends of thousands of purported drug dealers and users have been killed in Duterte's crusade, which is now under preliminary investigation by the International Criminal Court.

Chronicle AM: Fed Judge Tired of Jailing Pot People, AI to Vote on New Drug Policy, More... (7/6/18)

There will be no marijuana legalization measure on the Arizona ballot this year, a federal judge is sick of sending probationers to jail for marijuana, Amnesty International is set to vote on a new drug policy stance, and more.

Is Philippines President Duterte using the war on drugs to assassinate political foes? Human rights watchers say yes.
Marijuana Policy

Federal Judge Says Enough Already on Punishing Marijuana Users. Brooklyn, New York, US District Court Judge Jack Weinstein said Thursday he has been too hard on marijuana users, and that's going to end. He criticized federal probation officers for demanding sentences of supervised release for people caught with small amounts of marijuana. His comments came in his ruling in a case where a 22-year-old on probation got caught with marijuana. Instead of sending him to jail, Weinstein cut short his probation sentence.

Arizona Legalization Initiative Comes Up Way Short on Signatures. A legalization initiative from Safer Arizona will not be on the November ballot after organizers missed the Thursday deadline to hand in signatures. The group needed 150,000 valid voter signatures to qualify and had planned to gather 225,000 to provide a cushion, but admitted it had only come up with 75,000 raw signatures so far.

International

Amnesty International to Vote on New Positions on Drug Policy. One of the world's leading human rights groups will be debating proposals to tackle the devastating human rights consequences of "misguided attempts" by countries to criminalize and punish people for using drugs. The proposed new policy "would call for a shift away from the current 'scorched-earth' approach of heavy-handed criminalization, to an approach where protection of people's health and rights are at the center." The question will be taken up during the group's Global Assembly later this year.

Report Calls for Coca Leaf to Be Legalized in Colombia. A new report from Open Society Foundations, "Coca Industrialization: A Path To Innovation, Development and Peace In Colombia," calls for coca to be legalized and calls on the Colombian government to guarantee small farmers protection from prosecution, support research into coca's nutritional properties, and promote the use of coca among indigenous communities.

Philippines Rights Group Say Duterte Is Assassinating Political Opponents Under Cover of Drug War. At least ten Filipino mayors have been killed since President Rodrigo Duterte took office in 2016, including two in the past week. Human rights groups said Duterte is using the drug war to crack down on political opponents. The deaths of the mayors strikes fear into the hearts of "politicians, especially in the provinces, who are then forced to toe Duterte's line," said Carlos Conde, Philippines researcher for Human Rights Watch.

In Drug Case, Supreme Court Holds That Unauthorized Rental Car Drivers Have Rights, Too

Criminal Court & Legal Affair Investigative Journalist Clarence Walker can be reached at [email protected].

The US Supreme Court recently annulled a major search and seizure case around a rental car filled with heroin with a ruling that could impact the legal rights of Americans who may get stopped by police while driving a vehicle rented by another person. That case is U.S. v. Terence Byrd (#16-1371).

The Fourth Amendment applies even to unauthorized rental car drivers, the Supreme Court rules.
On May 14, Supreme Court Justices released their decision in Byrd's case, announcing when the Fourth Amendment was applied to the evidence in the case that Terence Byrd had "reasonable expectation of privacy while driving a car rented by another party."

Pennsylvania state troopers had arrested Byrd with a large cache of heroin in a car rented by his girlfriend. Police told Byrd he had no right to refuse to consent to a search because Byrd's name was not on the rental agreement. Byrd copped to ten years in federal prison when a district court ruled earlier that Byrd had no expectations of privacy while driving an unauthorized rental car.

The thorny issues the justices had to untangle was whether a second party driver of a rental car like Byrd could legally refuse a police request to search the rental vehicle unless police had a warrant or probable cause, and further whether Byrd was still entitled to protection the under Fourth Amendment. In a unanimous decision, the justices rejected the government's argument that Byrd had no expectation of privacy because he wasn't listed as a second party driver.

"People who borrow rental cars from friends or family are legally entitled to the same protection against police searches as the authorized driver," wrote Justice Anthony Kennedy in the majority opinion. "There may be countless innocuous reasons why an authorized driver might get behind the wheel of a rental car and drive it."

Justice Anthony Kennedy wrote the majority opinion. (USSC)
White House Solicitor General Noel J. Francisco had urged the justices to hold Mr. Byrd to the terms of the rental agreement. "It is common knowledge that car rentals are a personal transaction that does not make the car available for general enjoyment and that the straw man car rentals disserve society by frustrating law enforcement efforts to prevent smuggling and other crimes," he argued.

What is unusual about the Supreme Court ruling in this case is the fact the high court affirmed the defendant's conviction but the justices sent back to the lower appellate court to address important issues as it relates to whether the defendant was entitled to expectation of privacy and not be subjected to "unreasonable search and seizures."

Here are the remanded issues the appeals court, the 3rd Circuit Court of Appeals in Philadelphia, must now consider

(1) Whether an individual "who intentionally uses a third party to obtain a rental car by a fraudulent scheme for the purpose of committing a crime lacks a reasonable expectation of privacy in the rental car driven by the defendant."

(2) Whether the officers had probable cause to search the rental car, and whether these or other issues warrant further remand to the District Court or such issues should be addressed by the court in the first instance.

(3) And if police had any other probable cause to stop Byrd other than the original traffic stop.

New York criminal defense attorney Robert M. Loeb, who argued Byrd's case before the high court, told Drug War Chronicle, "Now we must revisit the same issues that the District Court and the Third Circuit have already decided in favor of the government," he explained. "If the lower court reiterates that officers had probable cause to stop and search the car and seize the drugs under their probable cause theory," Byrd stays in prison," because then the Fourth Amendment doesn't protect him," Loeb explained.

David Rudovsky, a Penn State Professor and search and seizure expert, told the Chronicle, "As the court stated, there is no bright-line rule for second drivers; my view is that long as the driver is not a thief or carjacker, there is a good claim to an expectation of privacy."

The ACLU and the National Criminal Defense Lawyer Association filed a friend brief in Byrd's case, claiming the Supreme court's ruling would likely have an outsized effect on black and Hispanic drivers. "There is a commonly held misconception that car rental is a luxury reserved for the wealthiest individuals," the ACLU filing said. To prove their facts, the ACLU noted that a 2010 tax study found "that more car rentals occur at neighborhood locations than at airport locations."

Studies have shown that black drivers are more likely than white ones to be pulled over by the police and more likely to be searched during the stop.

On appeal to the Supreme Court, Byrd's attorneys had argued: "Whether he was on the car rental agreement was actually irrelevant to whether he had a reasonable expectation of privacy under the Fourth Amendment."

Byrd's attorney had also previously argued before the Third Circuit and the Supreme Court that "millions of car rentals take place annually in the United States." They insisted that if the government won, "Police would have an incentive to pull over a rental car driver who commits a traffic violation because police would know they could search the car if the driver wasn't listed on the rental agreement."

Suspicious Traffic Stop

Terence Byrd's journey to the nation's Supreme Court began on September 17, 2014, at a Budget car rental in Wayne, New Jersey. While Byrd waited outside, Latasha Reed, his girlfriend with whom he sired five children, went into Budget and signed an agreement to rent a new Ford Fusion. Reed's car rental agreement explicitly stated that additional drivers would only be allowed with "prior written consent." Reed did not add Byrd or any other drivers onto the rental agreement.

Driving a rental doesn't mean you give up your rights (Creative Commons)
Once a Budget employee finalized the paperwork, Reed gave the keys to Byrd, who began his trek toward Pittsburg, Pennsylvania. While driving near Harrisburg, Pennsylvania, Byrd came upon State Trooper David Long who later claimed he stopped Byrd for either driving too long in an illegal left lane or while Byrd gripped the steering wheel at the "10 and 2" position, which is known as a "hand play" that many drivers use while holding a vehicle's steering wheel in an unsafe manner, notwithstanding an additional fact that Byrd's driver's seat was too far back reclined!

After running Byrd's driver's license the trooper discovered Byrd had given an alias name of James Carter, and also under Byrd's real name, he had a New Jersey arrest warrant. Ignoring Byrd's right to refuse to consent to a search--officers later claimed Byrd consented to the search--the officers searched the vehicle's trunk and hit the jackpot: 49 bricks of heroin and a police vest. Officers arrested Byrd and subsequently charged him with possession/intent to sell heroin and possession of body armor by a felon.

At a suppression hearing on June 16, 2015, held before Judge Caldwell, State Trooper David Long reiterated the suspicious events that led him to pull Byrd over, which included the officer saying he was unable to see Byrd due to the reclined seat, the "10 and 2" driving position, and the traffic violation.

Byrd's attorney was incredulous: "So the only reason you pulled out to stop my client was the fact he was at "10 and 2" -- and you couldn't see him in the car because his driver's seat reclined too far back?" the lawyer asked. Trooper Long nodded affirmatively.

Byrd's lawyer also drilled the officer about the notion that Byrd's race may have played a role for the officer to stop him. Then, surprisingly, Trooper Long mentioned a third factor that triggered the stop. "In a rental vehicle, he said. "That's what drew my attention to it, yes."

This is when the vehicle rental contract collided with the Fourth Amendment, which forbids unreasonable search and seizure. Trooper Long said he explained to Byrd that he was free to search the car without Byrd's consent because Byrd's name wasn't on the car rental agreement.

After a federal judge refused to throw out the evidence, Byrd accepted a plea bargain for a 10-year prison sentence in exchange for the right to appeal the conviction based on the argument the search violated Fourth Amendment protections against unreasonable search and seizure.

Whether Byrd prevails at the lower court during a hearing scheduled either later in June or July remains to be seen. Meanwhile, Byrd and his attorneys await the outcome with bated breath. Hopefully, the Fourth Amendment wins again. Stay tuned -- we will keep you informed of the outcome.

Chronicle AM: Canada Legalizes Marijuana! (6/20/18)

Canada has become the second country to legalize marijuana after final votes in parliament Tuesday, the Supreme Court agrees to hear an Indiana asset forfeiture case, Eleanor Holmes Norton files a bill to allow marijuana in public housing in states where it's legal, and more.

Marijuana Policy

Eleanor Holmes Norton Files Bill to Allow Marijuana Use in Public Housing Where It's Legal. Rep. Eleanor Holmes Norton (D-DC) has filed a bill that would allow residents of public housing in states and localities where marijuana is legal to use it at home without fear of being evicted. Under Norton's bill, a person may not be denied federally-assisted housing for the use of marijuana in jurisdictions where medical or recreational marijuana has been legalized. Under Norton's bill, smoking marijuana would be treated the same as smoking tobacco in federally-assisted housing. The bill is not yet available on the congressional website.

Asset Forfeiture

Supreme Court Agrees to Hear Indiana Civil Asset Forfeiture Case. The US Supreme Court has agreed to hear the case of an Indiana man who used the proceeds of his father's life insurance policy to buy a $42,000 Land Rover only to have the vehicle seized after he was caught selling heroin with it. When authorities moved to forfeit the vehicle, Tyson Timbs challenged the action and won in the Grant Superior Court, with the judge finding the vehicle was purchased legally and that its forfeiture would be "grossly disproportionate" to Timb's offense. The Indiana Court of Appeals agreed, noting that the maximum fine for Timbs' offenses was only $10,000 and suggested the seizure amounted to an "excessive fine." The state Supreme Court then reversed, Timbs appealed, and here we are.

Reproductive Rights

Federal Appeals Court Panel Rejects Wisconsin Woman's "Cocaine Mom" Lawsuit. A three-judge panel on the US 7th Circuit of Appeals on Monday dismissed a lawsuit challenging Wisconsin's "cocaine mom" law, which permits the detention of pregnant women who are suspected of abusing drugs. The panel dismissed the case because the woman, Tammy Loetscher, had moved out of the state. A US district court judge last year found the law unconstitutional and issued an injunction barring it from being enforced, but the law has remained in force while the state appealed. The appeals court panel's ruling leaves the law in force for now. "Today's decision means that all women in Wisconsin have to worry that when they seek health care, if there's even a chance they might be pregnant, the state can take them into custody, lock them up in a drug treatment program, a mental hospital or a jail -- whether or not drug treatment is really needed," said Nancy Rosenbloom, director of legal advocacy for the National Advocates for Pregnant Women, which represented Loertscher.

International

Canada Legalizes Marijuana. With final votes in the House of Commons and Senate on Tuesday, the Canadian parliament has approved the marijuana legalization bill, C-45. The bill legalizes the possession of up to 30 grams in public and allows the cultivation of up to four plants per household. It will also allow for regulated and taxed marijuana businesses, with regulations of sales left to the provinces. Provincial and territorial governments need s few weeks to prepare for retail sales, so the actual rollout of legalization is expected to happen in mid-September.

Australia Festival Pill Testing a Success, Should Be Emulated, Report Finds. A study released Wednesday by the Safety and Testing Advisory Service at Festivals and Events finds that pill testing at the Groovin the Moo festival in Canberra in April was "an overwhelming success" and the federal government should take a leadership role in introducing a plan for broader pill testing. "The pilot demonstrated that such an intervention is possible and that people are willing to use the service, despite the limitations arising from the tight timelines, inauspicious physical infrastructure and the lack of dissemination strategies on-site during the festival," the report said. Less than half the drugs tested at the festival were relatively pure.

Medical Marijuana Update

A pair of Missouri medical marijuana initiative campaigns have handed in lots and lots of signatures, a federal appeals court upheld a DEA rule that CBD is a Schedule I controlled substance, the Utah initiative campaign gets organized opposition, and more.

National

Last Wednesday, a federal appeals court upheld a DEA rule on marijuana extracts. A three-judge panel on the US 9th Circuit Court of Appeals has upheld a DEA rule stating that marijuana extracts, including non-psychoactive CBD, are Schedule I substances. The Hemp Industries Association and others had challenged the rule, arguing that DEA overstepped its bounds by scheduling substances, such as cannabinoids, that were not classified as illicit under the Controlled Substances Act.

On Tuesday, House committee advanced a Veterans Affairs medical marijuana research bill. The House Veterans Affairs Committee Tuesday unanimously approved a measure that aims to increase VA research on medical marijuana. The bill would specify that the agency has the ability to research the herb for conditions including PTSD. The measure is part of a package of bills lawmakers hope to pass this month.

Arkansas

On Monday, the state Supreme Court agreed to hear oral arguments on the licensing imbroglio. The state Supreme Court agreed Monday to hear oral arguments on a judge's decision to prevent the state from licensing medical marijuana cultivation operators. The judge had ruled that the licensing program violated the voter-approved constitutional amendment that legalized medical marijuana after a complaint from a business that failed to get a license.

Georgia

On Monday, the governor signed a bill allowing CBD cannabis oil for PTSD, intractable pain. Gov. Nathan Deal (R) on Monday signed into law House Bill 65, which adds PTSD and intractable pain to the list of qualifying conditions that can be treated by CBD cannabis oil.

Louisiana

Last Thursday, the House killed a medical marijuana expansion bill. The House on Thursday voted down House Bill 826, which would have allowed any pharmacist in the state to open a medical marijuana dispensary. Instead, the state will maintain the status quo, which allows only nine pharmacies in the state to dispense medical marijuana.

On Monday, a medical marijuana for autistic children bill advanced. A bill that would allow the use of medical marijuana for children with severe autism has passed the House and, now, a vote in the Senate Health and Welfare Committee. House Bill 627 now heads for a Senate floor vote.

Michigan

On Monday, state regulators recommended approving 10 new qualifying conditions. The state's Medical Marihuana Review Panel has recommended the approval of 10 new conditions that could qualify people to use medical marijuana. That's out of a list of 22 conditions people had asked the panel to review. The conditions include obsessive compulsive disorder, arthritis and rheumatoid arthritis, ulcerative colitis, inflammatory bowel diseases, Parkinson's, Tourettes, spinal cord injury, autism, and chronic pain. The recommendations now go to Shelly Edgerton, the director of the Department of Licensing and Regulatory Affairs, who has until July 10 to make a final decision.

Missouri

On Tuesday, the Senate gave initial approval to a medical marijuana bill. The Senate Tuesday gave initial approval to House Bill 1554, which would allow people suffering from specified serious illnesses to use non-smokeable medical marijuana. The bill has already passed the House and now goes to the Senate Committee on Health and Pensions for a second reading. If it survives that, it then goes to the full Senate for a floor vote.

Last Friday, two initiative campaigns handed in lots and lots of signatures. New Approach Missouri and Find the Cure, the folks behind a pair of medical marijuana initiatives (they differ only on how regulations would work and where tax dollars would go), announced last Friday that they had handed in roughly double the number of signatures they need to come up with 160,000 valid voter signatures. Find the Cure said it had handed in more than 300,000 signatures, while New Approach Missouri said it had handed in more than 370,000. Although initiative petitions occasionally see half of their signatures get disqualified, it's far more typical for them to lose a third. If both initiatives make the ballot, the one with the most votes on election day wins.

New Hampshire

Last Thursday, the Senate effectively killed a bill to allow patients to grow their own. The Senate on Thursday refused to pass a bill that would allow medical marijuana patients to grow their own plants. Instead, the body voted to send House Bill 1476 to interim study, effectively killing it for the session.

Utah

On Monday, organized opposition to the medical marijuana initiative emerged, including the DEA. Organized opposition to the Utah Patients Coalition's medical marijuana initiative has emerged, and it includes a local DEA task force, raising questions about a federal agency interfering in a state-level ballot question. Drug Safe Utah is recruiting paid canvassers to try to get voters who signed initiative campaigns to retract their signatures. Its members include the Utah Medical Association and the DEA's Salt Lake City Metro Narcotics Task Force.

On Tuesday, the "Right To Try" CBD medical marijuana law is now in effect. A limited medical marijuana law is now in effect. Under House Bill 195, which passed in March, terminally ill patients will be able to access CBD cannabis oil under a provision that expands the state's 2015 Right to Try Act. Also now in effect is House Bill 197, which establishes a medical marijuana cultivation program in the state. Both of these laws could soon be irrelevant, though: A much broader medical marijuana initiative will be on the ballot in November.

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

Chronicle AM: MO MMJ Inits Hand in Beaucoup Signatures, OH Racial Profiling Drug Dogs, More... (5/7/18)

Two separate Missouri medical marijuana initiatives appear set to qualify for the November ballot, the Utah medical marijuana initiative is generating organized opposition -- including the DEA -- Canada's prime minister says it's full steam ahead for marijuana legalization, and more.

Black drivers in Ohio are more likely to get drug dogs sicced on them than white ones, official data shows. (Wikimedia)
Medical Marijuana

Missouri Initiative Campaigns Hand in Many Signatures. New Approach Missouri and Find the Cure, the folks behind a pair of medical marijuana initiatives (they differ only on how regulations would work and where tax dollars would go), announced last Friday that they had handed in roughly double the number of signatures they need to come up with 160,000 valid voter signatures. Find the Cure said it had handed in more than 300,000 signatures, while New Approach Missouri said it had handed in more than 370,000. Although initiative petitions occasionally see half of their signatures get disqualified, it's far more typical for them to lose a third. If both initiatives make the ballot, the one with the most votes on election day wins.

Michigan Regulators Recommend Approving 10 New Qualifying Conditions. The state's Medical Marihuana Review Panel has recommended the approval of 10 new conditions that could qualify people to use medical marijuana. That's out of a list of 22 conditions people had asked the panel to review. The conditions include obsessive compulsive disorder, arthritis and rheumatoid arthritis, ulcerative colitis, inflammatory bowel diseases, Parkinson's, Tourettes, spinal cord injury, autism, and chronic pain. The recommendations now go to Shelly Edgerton, the director of the Department of Licensing and Regulatory Affairs, who has until July 10 to make a final decision.

Utah Medical Marijuana Initiative Gets Organized Opposition, Including the DEA. Organized opposition to the Utah Patients Coalition's medical marijuana initiative has emerged, and it includes a local DEA task force, raising questions about a federal agency interfering in a state-level ballot question. Drug Safe Utah is recruiting paid canvassers to try to get voters who signed initiative campaigns to retract their signatures. Its members include the Utah Medical Association and the DEA's Salt Lake City Metro Narcotics Task Force.

Heroin and Prescription Opioids

Three Democratic Senators Urge FDA to Pull High-Dose Opioids from Market. Sens. Joe Manchin (D-WV), Dick Durbin (D-IL), and Ed Markey (D-MA) are urging the Food and Drug Administration (FDA) to remove ultra-high dose opioids from the market because of concerns about "accidental ingestion, borrowed medication, and recreational use." The senators said patients who need high dose opioids could just take more pills, patches, or other formulations. "We believe these ultra-high dose opioids can be removed from the market without imposing hardship on those with legitimate pain needs," the senators wrote. But the Academy of Integrative Pain Management disagreed, saying the pulling the high dose opioids would "in some situations, create a greater danger because patients would be required to have several times more pills available to meet their needs. The burden of this would fall on the sickest patients, including those with cancer and/or receiving palliative/hospice/end-of-life care, whose quality of life would be diminished."

Racial Profiling

Ohio Highway Patrol More Likely to Use Drug Dogs on Black Drivers. The Associated Press has examined records on highway stops that show the state Highway Patrol uses drug-sniffing dogs on black drivers at a disproportionate rate. Blacks account for about 13% of the state population and 14% of drivers stopped by troopers, but 28% of stops where drug dogs were used. The AP made the records request after a federal appeals court criticized the arrest of a black driver on the Ohio Turnpike in 2014 and threw out the evidence used to convict him.

International

Canadian PM Says Marijuana Legalization Plan Will Proceed Without Delay. Prime Minister Justin Trudeau said last Thursday that his plan to legalize marijuana this summer will proceed without delay, despite misgivings being voiced in the Senate. "We're going to continue to move forward. We're going to bring in legalization as we've committed to this summer on schedule," Trudeau said.

Nigeria Bans Codeine. Responding to the rising recreational use of codeine-based cough syrups, the Nigerian federal government last week banned further imports of codeine into the country. The move comes as the country attempts to rewrite its drug and mental health policies.

Chronicle AM: Workplace Drug Testing for Marijuana Begins to Fade, NYC Safer Injection Site Rally, More... (5/3/18)

Pre-employment workplace drug testing for marijuana appears to be going out of style, a federal appeals court disappoints on scheduling cannabinoids, a Vermont saliva drug testing bill is killed, and more.

NYC protesters demand Mayor De Blasio move on a long-delayed safe injection site report. (Drug Policy Alliance)
Marijuana Policy

Clock Ticking on Connecticut Marijuana Legalization Study Bill. With the state's legislative session set to end next Wednesday, time is running out for House Bill 5394, which directs state agencies to develop a plan to legalize and regulate marijuana sales. The bill has passed out of the Appropriations Committee and awaits a House floor vote. Activists are urging state residents to contact their legislators this week to prod them.

Medical Marijuana

Federal Appeals Court Upholds DEA Rule on Marijuana Extracts. A three-judge panel on the US 9th Circuit Court of Appeals has upheld a DEA rule stating that marijuana extracts, including non-psychoactive CBD, are Schedule I substances. The Hemp Industries Association and others had challenged the rule, arguing that DEA overstepped its bounds by scheduling substances, such as cannabinoids, that were not classified as illicit under the Controlled Substances Act.

Louisiana Medical Marijuana Expansion Bill Advances. A bill that would allow the use of medical marijuana for children with severe autism has passed the House and, now, a vote in the Senate Health and Welfare Committee. House Bill 627 now heads for a Senate floor vote.

Heroin and Prescription Opioids

Iowa Legislature Approves Prescription Monitoring Bill. The House on Wednesday gave final approval to the legislature's policy response to the opioid crisis, passing a bill that will require doctors to register prescriptions with the state's drug monitoring program within 24 hours. The bill now goes to the governor's desk.

Drug Testing

Employment Drug Testing for Marijuana Going Out of Favor. The Associated Press is reporting that numerous employers are "dropping marijuana from the drug tests they require of prospective employees." Testing for pot excludes too many potential workers, employers told the AP. Companies in labor-intensive industries -- hoteliers and home health care providers and employers with many warehouse and assembly jobs -- are most likely to drop marijuana testing. By contrast, businesses that contract with the government or that are in regulated industries, like air travel, or that have safety concerns involving machinery, are continuing marijuana tests, employment lawyers said.

Vermont Saliva Drug Testing Bill Dies. A bill that would have allowed police to obtain saliva for testing from motorists suspected of drugged driving is dead for the year. House Bill 237 had passed the House with law enforcement support, but was killed on a 4-1 vote in the Senate Judiciary Committee Wednesday. Both the Vermont ACLU and the state's Defender General Office had threatened legal action if it became law.

Harm Reduction

NYC Council Member Arrested in Protest Calling for Action on Safer Injection Sites. Dozens of community activists, social advocates, and elected political figures rallied outside New York City's City Hall Wednesday to demand the long-delayed release of a feasibility study on safe injection sites in the city. As many as a dozen people were arrested for obstructing traffic, including NYC Council Member Stephen Levine.

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