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Medical Marijuana Update

Florida battle brews over limiting THC in smokable marijuana, Michigan's unlicensed dispensaries get at least a temporary reprieve, Oregon growers get a heads up from regulators, and more.

Arizona

Arizona Prosecutor Still Prosecuting Medical Marijuana Patients, ACLU Charges. The Maricopa County Attorney's Office under ardent marijuana foe Bill Montgomery is continuing to prosecute medical marijuana patients for extracts even as the legality of that move is being litigated before the state Supreme Court. The state law is unclear on whether extracts and hashish are covered, but such products are widely available in the state, and the ACLU wrote to Montgomery that he needs to quit prosecuting patients "for possessing cannabis products sold at state-licensed dispensaries."

Florida

Florida House Committee Votes to Limit Strength of Smokable Marijuana. The House Health and Human Services Committee voted last Wednesday to cap the amount of THC allowed in smokable marijuana flowers at 10% despite the objections of patient advocates who noted that much stronger buds are already available on the market. The move comes less than a month after the legislature removed a ban on the use of smokable marijuana.

Florida Judge Rules Patients Have No Right to Grow Their Own. The 1st District Court of Appeals ruled last Wednesday that a Tampa patient does not have the legal right to grow his own medicine. The decision overturns a lower court ruling that held the patient could grow plants to be juiced as part of his treatment for cancer.

Florida House Committee Approves Limits on THC Levels in Smokable Marijuana After Contentious Hearing. Despite the angry complaints of veterans, patients, and activists, the House Appropriations Committee voted 19-7 Tuesday to approve HB 7117, which would cap the amount of THC in smokable marijuana at 10%, far under the levels normally found in commercially available marijuana. The bill now heads for a House floor vote, but prospects for passage aren't good because the Senate has yet to see a companion bill and the session ends in less than two months.

Michigan

Michigan's Unlicensed Dispensaries Can Stay Open for Now. Unlicensed dispensaries that were set to be shut down by March 31 can continue to operate as attorneys for the businesses meet with state regulators seeking to reach an agreement that will allow the 50 shops to stay open. Regulators had planned to send out cease and desist letters at the beginning of this month, but a Court of Claims judge has blocked that action -- at least until another court hearing set for next Thursday.

Missouri

Missouri Regulators Release Additional Draft Rules. The state Department of Health and Senior Services has released more draft rules for the state's medical marijuana program. The new draft rules for facility evaluation criteria and medical marijuana testing facilities can be viewed here. Draft rules must be finalized by June 4.

New Mexico

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.

Oregon

Oregon Medical Marijuana Growers Warned to Report Inventory. The Oregon Medical Marijuana Program has warned medical marijuana growers that they need to come into compliance with inventory reporting requirements or face stiff penalties. The program issued a bulletin reminding growers they need to use the Oregon Medical Marijuana Online System (OMMOS), and that they must report their onsite marijuana inventory and any sales.

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

Chronicle AM: Guam Legalizes Pot, New Mexico Decriminalizes Pot, Andrew Yang Talks Drug Pardons, More... (4/4/19)

A US territory legalizes weed, a US state decriminalizes it, Florida medical marijuana battles continue, and more. 

Marijuana Policy

Federal Lawmakers Reintroduce STATES Act. A bipartisan group of lawmakers has refiled the Strengthening the Tenth Amendment Through Entrusting States Act, or STATES Act, in both the House and Senate. Presidential contender Sen. Elizabeth Warren (D-MA) was joined by Sen. Cory Gardner (R-CO) in filing the Senate bill, while Reps. Earl Blumenauer (D-OR) and David Joyce (R-OH) sponsored the bill in the House.

Guam Legalizes Marijuana. Gov. Leon Guerrero (D) Thursday signed a marijuana legalization bill into law, making Guam the first entity to legalize marijuana this year and the second US territory to do so, after the Commonwealth of the Northern Marianas Islands. The law will create a system of taxed and regulated sales, with a 15% excise tax.

New Mexico Decriminalizes Marijuana. Gov. Michelle Lujan Grisham (D) has signed into law a bill decriminalizing the possession of up to a half ounce of marijuana. The maximum penalty will be a $50 fine. The legislation also reduces penalties for pot paraphernalia.

Medical Marijuana

Florida House Committee Votes to Limit Strength of Smokable Marijuana. The House Health and Human Services Committee voted Wednesday to cap the amount of THC allowed in smokable marijuana flowers at 10% despite the objections of patient advocates who noted that much stronger buds are already available on the market. The move comes less than a month after the legislature removed a ban on the use of smokable marijuana.

Florida Judge Rules Patients Have No Right to Grow Their Own. The 1st District Court of Appeals ruled Wednesday that a Tampa patient does not have the legal right to grow his own medicine. The decision overturns a lower court ruling that held the patient could grow plants to be juiced as part of his treatment for cancer.

Drug Policy

Democratic Presidential Contender Andrew Yang Calls for Legalized Marijuana, Commutations for Non-Violent Drug Offenders.  Presidential contender Andrew Yang said Wednesday he would issue mass commutations for imprisoned non-violent drug offenders on 4/20. "I would legalize marijuana and I would pardon everyone who's in jail for a non-violent, drug-related offense," Yang said. "I would pardon them all on April 20, 2021, and I would high-five them on their way out of jail."

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. 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.)

Medical Marijuana Update

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

Alabama

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

Arizona

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

Colorado

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

Georgia

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

Kansas

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

New Mexico

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

North Dakota

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

South Carolina

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

West Virginia

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

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

Medical Marijuana Update

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

Alabama

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

Arizona

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

Georgia

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

Kansas

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

New Mexico

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

North Dakota

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

South Carolina

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

West Virginia

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

Medical Marijuana Update

It's busy, busy in state legislatures, the Michigan Court of Appeals rules against workers' rights, and more.

Arizona

Arizona House Committee Approves Bill to Protect Edibles, Extracts. The House Committee on Public Safety voted 5-2 Wednesday to approve HB 2149. The measure would specify that the 2010 voter-approved medical marijuana law also includes any products made from its resins. In a case pending before state courts, the state has argued that edibles and hashish are not included in the law.

Florida

Florida Bill to Allow Smokable Medical Marijuana Heads for Senate Floor Vote. The Senate Rules Committee voted Wednesday to approve SB 182, which would end the state’s ban on smokable medical marijuana. That means the measure will head for a Senate floor vote weeks ahead of a March 15 deadline set by Gov. Ron DeSantis, who has threatened litigation if the legislature doesn’t act.

Maryland

Maryland Medical Marijuana Normalization Bills Get Senate Hearing. A raft of bills authored by Sen. Bobby Zirkin (D-Baltimore) and aimed at normalizing medical marijuana usage in the state got a Senate hearing Tuesday. One bill says medical marijuana patients should not be denied the right to purchase or possess firearms, another would prohibit landlords from denying leases to medical marijuana patients, and yet another would restrict employers’ right to fire or not hire medical marijuana users. No votes were taken.

Michigan

Michigan Appeals Court Rules Against Worker Not Hired for Medical Marijuana Use. The state Court of Appeals ruled Tuesday against a woman who had a job offer rescinded because she tested positive for marijuana—even though she had a medical marijuana card. The ruling is a boon for employers who apply zero-tolerance substance abuse policies.

Missouri

Missouri Publishes First Draft Medical Marijuana Rules. The state Department of Health and Human Services has posted its first draft rules for the state medical marijuana system approved by voters in November 2018. The first batch of draft rules deals with requirements for ID cards for the program. There will be public hearings before the rules are finalized. The state has until June 4 to begin taking applications for ID cards.

New Hampshire

New Hampshire Medical Marijuana Home Grow Bill Advances. The House Human Services and Elderly Affairs Committee voted to approve HB 364, which would allow medical marijuana patients to grow their own medicine. The bill called for allowing patients or caregivers to grow up to two mature plants and 12 seedlings but was amended in committee to allow up to three mature plants, three immature plants, and 12 seedlings.

Oklahoma

Oklahoma Medical Marijuana Regulatory Bill Advances. The House Rules Committee voted Thursday to advance HB 2612, the Oklahoma Medical Marijuana and Patient Protection Act. The bill sets up an extensive medical marijuana framework and is moving with bipartisan support.

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

Chronicle AM: FBI to Investigate Fatal Houston Drug Raid, NH Legal Pot Bill Advances, More... (2/21/19)

The fallout from that fatal January Houston drug raid continues, a New Hampshire pot legalization bill advances, so does a Florida bill to allow smokable medical marijuana, and more.

This could be legal soon in New Hampshire if that marijuana legalization bill keeps moving. (IRIN)
Marijuana Policy

Illinois Governor Uses Budget Address to Call for Legalization. As he unveiled his first annual budget Wednesday, Gov. J,B. Pritzker called for marijuana legalization and taxation to help pay for $1.1 billion in new spending. He also called for the legalization and taxation of sports betting, as well as raising money with new taxes on plastic bags, e-cigs, and raising the cigarette tax.

New Hampshire Legalization Bill Narrowly Wins House Committee Vote. The House Criminal Justice and Public Safety Committee voted 10-9 to recommend passage of HB 481, which would legalize up to an ounce for adults and create a system of taxed and regulated sales. Adults could also grow up to six plants. The narrow margin of victory in committee suggests a tough fight to pass it on the House floor.

North Dakota Decriminalization Bill Narrowly Defeated. A bill that would have decriminalized the possession of up to ounce was defeated on a 47-43 vote in the House Wednesday. HB 1155’s defeat means legalization proponents in the state will gear up for a legalization initiative next year.

Medical Marijuana

Arizona House Committee Approves Bill to Protect Edibles, Extracts. The House Committee on Public Safety voted 5-2 Wednesday to approve HB 2149. The measure would specify that the 2010 voter-approved medical marijuana law also includes any products made from its resins. In a case pending before state courts, the state has argued that edibles and hashish are not included in the law.

Florida Bill to Allow Smokable Medical Marijuana Heads for Senate Floor Vote. The Senate Rules Committee voted Wednesday to approve SB 182, which would end the state’s ban on smokable medical marijuana. That means the measure will head for a Senate floor vote weeks ahead of a March 15 deadline set by Gov. Ron DeSantis, who has threatened litigation if the legislature doesn’t act.

Michigan Appeals Court Rules Against Worker Not Hired for Medical Marijuana Use. The state Court of Appeals ruled Tuesday against a woman who had a job offer rescinded because she tested positive for marijuana—even though she had a medical marijuana card. The ruling is a boon for employers who apply zero-tolerance substance abuse policies.

Asset Forfeiture

North Dakota House Approves Civil Asset Forfeiture Bill. The House on Wednesday approved a civil asset forfeiture reform bill on a 57-33 vote. HB 1286 would not end civil asset forfeiture, but would raise the standard of proof from "a preponderance" of the evidence to "clear and compelling evidence." It would also require a criminal conviction before civil asset forfeiture could proceed. The bill now goes to the Senate, which defeated similar legislation in 2017.

Law Enforcement

Two House Republicans Urge State Department to Label Cartels as Terrorist Organizations. A pair of conservative House Republicans, Reps. Mark Green (TN) and Chip Roy (TX), sent a letter Wednesday to Secretary of State Mike Pompeo asking the State Department to label drug cartels as terrorist organizations. The proposal would "further stigmatize these groups both at home and abroad," the pair wrote. "These cartels have utilized barbaric tactics including those adopted by [the Islamic State in Iraq and Syria] ISIS and al Qaeda – murdering and torturing innocents, destabilizing countries and assassinating members of law enforcement," Green added in a statement. Drug cartels differ from terrorist organizations, though, in that they have no political agenda (other than being left alone to go about their business), a key component of the definition of terrorism.

FBI Opens Civil Rights Investigation into Deadly Houston Drug Raid. The FBI has opened a civil rights investigation into a January drug raid in Houston that left two people dead and five police officers wounded. The raid was based on falsified search warrant affidavits claiming informants had bought heroin at the house, but the homeowners, who were killed, possessed no heroin at all—only small, personal use amounts of marijuana and possibly cocaine. The fallout from the case has already resulted in one officer being suspended, an end to no-knock raids in the city, and the review of more than 1,400 cases linked to the lying officer. 

Medical Marijuana Update

The Florida medical marijuana mess continues, a Nebraska medical marijuana initiative has submitted proposed language, and more.

Florida

Second Florida Bill to End Ban on Smoking Medical Marijuana Filed. State Sen. Jeff Brandes (R-St. Petersburg) has filed SB 182, which would end the state's ban on smoking medical marijuana. A similar bill, SB 372, was filed earlier this month by Sen. Gary Farmer (D-Fort Lauderdale). The ban has also been challenged in the courts, and GOP Gov. Ron De Santis has said that he will drop the state's appeal in the case if lawmakers don't eliminate the ban.

Florida Bill to End Ban on Smoking Gets Twisted. A bill from Jeff Brandes (R-St. Petersburg) that would end the ban on smoking medical marijuana, SB 182, was so altered in the Senate Health Policy Committee Monday that Brandes now says it would be worse for patients that doing nothing at all. At the behest of Chairwoman Gayle Harrell (R-Port St. Lucie), the committee voted to require that patients seeking to use smokable marijuana get a second opinion from a physician and to mandate that doctors would only be able to order smokable marijuana if it were the only route of administration that would benefit the patient. Brandes says the bill “will have to be significantly amended” before he would send it to the Senate floor for a full vote.

Florida Judge Again Strikes Down Cap on Dispensaries. For the second time in a month, Leon County Circuit Court Judge Karen Gievers has struck down a state law capping the number of dispensaries a medical marijuana business can operate. The limit on the number of storefronts was not contained in the state’s successful medical marijuana amendment but imposed by the legislature in 2017. In her opinion, Gievers harshly criticized the legislature and state health officials for failing to comply with the amendment. "The evidence clearly and conclusively establishes beyond any doubt that conveniently located medical marijuana dispensaries (as opposed to vehicle delivery, the only allowed alternative means of dispensing) promote authorized users’ improved access to medical marijuana products and related information and services, at lower cost, and promote public safety (the stated goals for regulation in the amendment)," Gievers wrote in Friday’s ruling.

Nebraska

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.

Wyoming

Wyoming Medical Marijuana Bill Filed. Republican House Majority Leader Eric Barlow has filed a bill to legalize medical marijuana, HB 278. The bill would create a strictly regulated system for the use and distribution of medical marijuana in the state.

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

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.

Chronicle AM: FL MedMJ Moves, CA Safe Injection Site Bill Filed, More... (2/5/19)

Florida courts and the legislature are both dealing with the legislature's previous efforts to mess with the voter-approved medical marijuana amendment, a pot legalization bill gets a hearing in New Hampshire, a Virginia trooper and a drug suspect are killed in the drug war, and more.

There's a battle over smokable medical marijuana in Florida. (Creative Commons)
Marijuana Policy

Guam's Governor Supports Marijuana Legalization Bill. Gov. Lou Leon Guerrero has come out in support of a marijuana legalization measure, Bill 32-35, the Guam Cannabis Industry Act of 2019. Her move came after meeting with bill author Sen. Clynt Ridgell last Friday, but her support is not surprising; she’s been in favor of legalization for some time. The bill would allow adults to possess and grow their own marijuana, as well as create a system of legal marijuana commerce.

New Hampshire Marijuana Legalization Bill Gets Hearing. A bill to legalize marijuana, HB 481, got a public hearing Tuesday. The bill, sponsored by Rep. Renny Cushing (D-Hampton), is opposed by Republican Gov. Chris Sununu.

Medical Marijuana

Florida Bill to End Ban on Smoking Gets Twisted. A bill from Jeff Brandes (R-St. Petersburg) that would end the ban on smoking medical marijuana, SB 182, was so altered in the Senate Health Policy Committee Monday that Brandes now says it would be worse for patients that doing nothing at all. At the behest of Chairwoman Gayle Harrell (R-Port St. Lucie), the committee voted to require that patients seeking to use smokable marijuana get a second opinion from a physician and to mandate that doctors would only be able to order smokable marijuana if it were the only route of administration that would benefit the patient. Brandes says the bill “will have to be significantly amended” before he would send it to the Senate floor for a full vote.

Florida Judge Again Strikes Down Cap on Dispensaries. For the second time in a month, Leon County Circuit Court Judge Karen Gievers has struck down a state law capping the number of dispensaries a medical marijuana business can operate. The limit on the number of storefronts was not contained in the state’s successful medical marijuana amendment but imposed by the legislature in 2017. In her opinion, Gievers harshly criticized the legislature and state health officials for failing to comply with the amendment. "The evidence clearly and conclusively establishes beyond any doubt that conveniently located medical marijuana dispensaries (as opposed to vehicle delivery, the only allowed alternative means of dispensing) promote authorized users’ improved access to medical marijuana products and related information and services, at lower cost, and promote public safety (the stated goals for regulation in the amendment)," Gievers wrote in Friday’s ruling.

Hemp

Mississippi Lawmakers Reject Move to Let Farmers Grow Hemp. The House Drug Policy Committee on Monday rejected on a tie vote an amendment that would have changed state law to allow farmers to grow hemp in the state. Congress last year approved the production of hemp in pilot programs.

Asset Forfeiture

North Dakota Civil Asset Forfeiture Reform Bill Gets Hearing. The House Judiciary Committee heard testimony Monday on HB 1286, which seeks to end civil asset forfeiture in the state. Law enforcement officials testified against ending civil forfeiture but appeared open to transparency and reporting requirements in the bill.

Harm Reduction

California Legislature to Consider Allowing Pilot Overdose Prevention ProjectsState Assemblymember Susan Talamantes-Eggman (D-Stockton) and State Senator Scott Weiner (D-San Francisco) on Monday filed a bill to allow the City of San Francisco to pilot and evaluate an “overdose prevention site” program. These sites would allow drug users could consume illegal drugs, including heroin, cocaine, or methamphetamine, under the supervision of staff trained to prevent and treat drug overdose and to help steer people who use drugs into drug treatment, housing, and other medical and social services. The bill is AB 362.

Law Enforcement

Virginia Trooper, Suspect Killed in Drug Raid. State Trooper Lucas Powell was shot and killed Monday night as he participated in a drug raid by the Piedmont Regional Gang and Drug Task Force in Cumberland County. The person whose home was being raided and who killed Powell, Corey Johnson, was then shot and killed by police.

International

Mexico to Try New Tactics in Search for Those Missing in Drug War. Mexican officials said Monday they have a new plan to search for the more than 40,000 people who have gone missing amidst the country’s drug wars. The government will create a new forensic institute and work more closely with families and international groups, interior ministry undersecretary for human rights Alejandro Encinas said at a press conference. In addition to the 40,000 missing, there are some 26,000 unidentified bodies in the forensic system, he said.

Medical Marijuana Update

The Arizona Supreme Court will take up the vexing question of whether hashish should be considered medical marijuana, Ohio's first dispensary opens, a South Carolina medical marijuana bill has been filed, and more.

Arizona

Arizona Supreme Court Will Hear Appeal on Lower Court Ruling Hash Isn't Medical Marijuana. The state Supreme Court has agreed to hear the appeal of Rodney Jones, who was arrested, convicted, and imprisoned for possessing hash even though he was a registered medical marijuana patient. An appeals court upheld his conviction, saying the state's voter-approved medical marijuana law is “silent” on the issue.

Arkansas

Arkansas Regulators Approve 32 Companies to Sell Medical Marijuana, The state Medical Marijuana Commission voted unanimously last Thursday to approve 32 companies to sell medical marijuana. The commission has divided the state into eight zones, with each zone getting four dispensaries.

Ohio

Ohio Dispensary Sales Begin Today. A Sandusky dispensary initiated the era of legal medical marijuana sales in the Buckeye State on Wednesday, making its first sale to a card-carrying woman who suffers from multiple sclerosis. Four other dispensaries have received their final licenses but have not opened yet. Eventually, there should be 56 dispensaries statewide.

South Carolina

South Carolina Panel Advances Resolution Calling for Medical Marijuana Research. A legislative panel has advanced a resolution urging Congress to allow more research on medical marijuana. The measure asks Congress to "take immediate and additional steps to promote and actively pursue scientific research and testing into the potential use of cannabis to treat other medical conditions and illness by removing the federal statutory and regulatory barriers that prevent these scientific endeavors." The resolution now advances to the full Senate Medical Affairs Committee for consideration.

South Carolina Legislators Unveil Medical Marijuana Bill. A pair of Republican legislators, state Sen. Tom Davis and Rep. Peter McCoy, on Tuesday filed a medical marijuana bill, the Compassionate Care Act (S 366). “This is South Carolina, not California or Colorado, and what the vast majority of people in our state want is a socially conservative medical marijuana law, one that provides medical patients truly in need with relief but draws a bright line against recreational use by imposing strict penalties,” Davis said.

Tennessee

Tennessee Medical Marijuana Bill Coming Soon. State Sen. Janice Bowling (R-Tullahoma) and Rep. Ron Travis (R-Dayton) announced Thursday that they are working on a final draft of a bill to legalize medical marijuana in the state. The bill would create a new government commission to regulate the industry and allow qualifying patients to buy medical marijuana at state-licensed dispensaries.

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

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School