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Medical Marijuana Update

Congress sees a pair of medical marijuana bills filed, the New York legislature has voted to approve medical marijuana for PTSD, Kentucky residents sue the state over the medical marijuana ban, and more.

National

Last Thursday, the CARERS Act was reintroduced in the Senate. US Sens. Rand Paul (R-KY), Corey Booker (D-NJ), and Kirsten Gillibrand (D-NY) reintroduced a bill that would end the federal prohibition of medical marijuana. Sens. Mike Lee (R-UT) and Lisa Murkowski (R-AK) also signed on to the legislation as original cosponsors. The Compassionate Access, Research Expansion, and Respect States (or CARERS) Act of 2017 would allow individuals and entities to possess, produce, and distribute medical marijuana if they are in compliance with state medical marijuana laws. It would also open up avenues to medical marijuana research and allow physicians employed by the Department of Veterans Affairs to recommend medical marijuana to veterans in states where it is legal. The bill also proposes excluding cannabidiol, a non-psychoactive cannabinoid found in marijuana, from the federal government's definition of "marijuana."

Last Thursday, Corey Booker and Steve Cohen filed identical medical marijuana protection bills. Tennessee Democratic Rep. Steve Cohen has filed House Resolution 2920, "to extend the principle of federalism to drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana." New Jersey Democratic Sen. Cory Booker has filed a companion bill, Senate Bill 1374, in the upper chamber.

Arkansas

Last Friday, medical marijuana regulations took another key step. The Legislative Council, which serves as the legislature's governing body between sessions, approved draft rules from the Alcoholic Beverage Commission, the Department of Health, and the Medical Marijuana Commission aimed at regulating the state's nascent medical marijuana system. The state will begin accepting applications for licenses to operate marijuana cultivation centers and dispensaries June 30.

Kentucky

Last Wednesday, a lawsuit challenging the state's medical marijuana ban was filed. Three Kentuckians who say they have used marijuana to ease health problems have filed a lawsuit in state court charging that banning medical marijuana violates their constitutional privacy rights. The suit names as defendants Gov. Matt Bevin (R) and Attorney General Steve Beshear (D).

Michigan

Last Thursday, lawmakers filed bills to ban medical marijuana billboard ads. State Sen. Rick Jones (R) and Rep. Andy Schor (D) have filed identical bills that would effectively ban billboard for medical marijuana businesses. The bills are Senate Bill 463 and House Bill 4767. They are not yet available on the state legislative web site.

New Mexico

Last Friday, the state nixed medical marijuana for opioid addiction and Alzheimer's. Rejecting the recommendation of the state Medical Marijuana Advisory Board, Secretary of Health Lynn Gallagher declined to add opioid use disorder and Alzheimer's as qualifying conditions for medical marijuana.

New York

On Tuesday, the Senate approved medical marijuana for PTSD. The state Senate voted to approve Senate Bill 6092, which allows medical marijuana to be used to treat PTSD. The Assembly passed an identical measure earlier this year, so the bill now goes to the desk of Gov. Andrew Cuomo (D).

Pennsylvania

Last Thursday, the governor warned Attorney General Sessions not to interfere with medical marijuana. In a sharply worded letter, Gov. Tom Wolf (D) warned Attorney General Jeff Sessions not to interfere with medical marijuana in the state. "For a lot of patients, this is the only medicine that works. So for him to go after medical cannabis is kind of flying in the face of science and the facts," said a spokesman for the governor.

On Tuesday, the state issued the first medical marijuana permits. The Department of Health on Tuesday announced 12 medical marijuana grower permits, with the permits going to two companies in each of the six permitting regions the department established as part of the implementation of the state's medical marijuana law. The department will announce the allocation of 27 dispensary permits before the month ends, it said.

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

Chronicle AM: NV MJ Sales Could Be Delayed, Forfeiture Reform Goes to PA Gov, More... (6/21/17)

MPP loses bank accounts as the financial sector gets worried about a Trump crackdown on legal marijuana, Nevada's July 1 goal for legal pot sales hits a bump, a New York bill that would allow medical marijuana for PTSD goes to the governor, and more.

Las Vegas may have to wait a while longer for legal marijuana stores. (Wikimedia)
Marijuana Policy

Marijuana Policy Project Loses Bank Accounts. PNC Bank has notified the Marijuana Policy Project that it will close the group's bank accounts on July 7 in what is seen as "a sign of growing concerns in the financial industry that the Trump administration will crack down on the marijuana industry in states that have legalized it." Many financial institutions refuse to do business with marijuana companies while marijuana remains illegal under federal law, but policy groups like MPP have up until now been spared. In this case, PNC Bank said because MPP received money from marijuana businesses, it is cutting the cord.

Nevada July 1 Legal Marijuana Sales Date in Jeopardy After Court Ruling. A district judge in Carson City on Tuesday extended a temporary order barring the state from moving ahead with plans to issue marijuana distribution licenses to existing dispensaries so they can begin recreational sales on July 1. The order comes in a case brought by licensed liquor wholesalers, who say they should have exclusive rights to those licenses for the first 18 months. State officials said they remain committed to the July 1 date, but it's not clear how that's going to happen.

Medical Marijuana

New York Senate Approves Medical Marijuana for PTSD. The state Senate voted Tuesday to approve Senate Bill 6092, which allows medical marijuana to be used to treat PTSD. The Assembly passed an identical measure earlier this year, so the bill now goes to the desk of Gov. Andrew Cuomo (D).

Pennsylvania Issues First Medical Marijuana Permits. The Department of Health on Tuesday announced 12 medical marijuana grower permits, with the permits going to two companies in each of the six permitting regions the department established as part of the implementation of the state's medical marijuana law. The department will announce the allocation of 27 dispensary permits before the month ends, it said.

Asset Forfeiture

Pennsylvania Legislator Passes Timid Asset Forfeiture Reform Bill. With a unanimous vote in the House on Tuesday, the legislature has approved Senate Bill 8, which does not end civil asset forfeiture, but does require county governments to audit all asset forfeitures by local law enforcement agencies and send reports to the state attorney general and the General Assembly each year. The bill also establishes a higher legal threshold before police can seize high-value assets such as cars and houses and bars the seizure of real estate without a hearing. The bill originally would have ended civil forfeiture, but it was amended under pressure from district attorneys to be less strict.

Medical Marijuana Update

Despite everything, Attorney General Sessions has medical marijuana on his mind, Florida lawmakers approve a no-smoking medical marijuana implementation bill, Vermont's governor signs a medical marijuana expansion bill, and more.

National

On Monday, it was reported that Attorney General Sessions asked Congress to let him go after medical marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states "from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana." In a letter urging congress members to walk back the amendment, Sessions said the law would "inhibit [his department's] authority to enforce the Controlled Substances Act." Hat tip to Tom Angell at MassRoots, who first obtained the letter.

Arizona

Last Thursday, the state attorney general asked the state Supreme Court to reinstate a ban on campus medical marijuana. Attorney General Mark Brnovich (R) has asked the state Supreme Court to review an appeals court ruling that struck down a ban on medical marijuana on college campuses. The state is arguing that the legislature had the right to alter the voter-approved medical marijuana law so that college students with medical marijuana cards could face felony arrests for possession of any amount of marijuana.

Connecticut

Last Friday, the state took another step toward adding more qualifying conditions. Consumer Protection Commissioner Michelle Seagull announced that she would follow a recommendation from the Medical Marijuana Program Board of Physicians to include three new conditions among the list of qualifying conditions for medical marijuana use. They are hydrocephalus with intractable headaches, intractable migraines, and trigeminal neuralgia. Seagull will now draft a new regulation by the end of the month, and after that, there will be a 30-day public comment period, then a review by the office of the attorney general, and then the approval of the Regulation Review Committee of the General Assembly. The whole process could take another year.

Florida

Last Friday, the medical marijuana implementation bill passed the legislature. Lawmakers used a special session to come to an agreement on how to handle medical marijuana. Under the proposal approved by the legislature, which Gov. Rick Scott (R) says he will sign, the state will gain an additional ten medical marijuana operators within four months. Each operator can operate up to 25 dispensaries across the state. But the bill also bans the smoking of medical marijuana even though the constitutional amendment approved by voters last November expressly included a provision that allows smoking. That has led Orlando lawyer John Morgan, who largely bankrolled the amendment, to vow to sue the state over the no-smoking provision.

Vermont

Last Thursday, the governor signed a medical marijuana expansion bill. Gov. Phil Scott (R) signed into law Senate Bill 16, which expands the list of qualifying conditions for medical marijuana. The new conditions added are Parkinson's disease, Crohn's disease, and PTSD. The new law also increases the number of dispensaries in the state from four to five.

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

Chronicle AM: Sessions Sought Free Rein on MedMJ, VT Legalization Still Alive, More... (6/14/17)

Lots of marijuana policy news today, plus GOP Rep. James Sensenbrenner files a bill to reauthorize the Second Chance Act.

Marijuana Policy

California Pot Shops Could Sell Both Recreational and Medical Marijuana Under New Proposal. Gov. Jerry Brown (D) and state legislators proposed Monday to allow medical and recreational marijuana to be sold by the same shops. The move was one of dozens of new regulations aimed at merging the medical and recreational marijuana industries contained in budget bills released Monday.

Nevada Lawsuit That Threatens July 1 Sales Date Still Alive. A Carson City district court judge on Tuesday denied the state's motion to dismiss a lawsuit brought by liquor distributors seeking a cut of the action in the state's emerging legal marijuana industry. The liquor distributors have won a temporary restraining order holding up the implementation of the state's marijuana sales law until their lawsuit is settled. The distributors claim the state's regulations for licensing marijuana distributors are arbitrary and unfair. This means the state's early July 1 legal sales goal is in jeopardy.

Nevada Governor Signs Three Pot Bills, Vetoes One. Gov. Brian Sandoval (R) has signed a bill setting a 15% wholesale tax on both medical and recreational marijuana (Senate Bill 478), and bills adjusting medical marijuana regulations (Senate Bill 344 and Assembly Bill 422), but vetoed a bill that would have allowed those convicted of past marijuana-related crimes involving an equal or lesser amount of what's now legal to have that crime vacated from their criminal records (Assembly Bill 259).

Rhode Island Legislature to Vote on Study Bill, But Advocates Say No Thanks. Marijuana legalization supporters said Wednesday they will not participate in a legalization study commission if it is approved by the General Assembly, calling it "a flawed delay tactic." Instead, Regulate Rhode Island is calling on legislative leaders to vote on a bill that would legalize personal possession and cultivation, but include no immediate plans for taxed and regulated marijuana commerce.

Vermont Governor, Legislative Leaders Move Toward Compromise on Legalization. After Gov. Phil Scott (R) vetoed the legalization bill, Senate Bill 16, he said he didn't oppose legalization in principle, but had concerns about youth use and impaired driving. He also said he wanted a study commission in the bill to have more time to examine how the state could implement legal marijuana commerce. Now, legislative leaders say they have come up with compromise language that addresses his concerns, including tougher penalties for selling to children and longer sentences for smoking in a car when a child is present. A spokesman for the governor said "We're making good progress toward an agreement." Legislators will need Republicans to waive a rule to bring the issue up for consideration during a looming special session, but Scott said if an agreement on the bill could be reached, he would seek to persuade Republican legislators to allow it to be taken up.

Medical Marijuana

Attorney General Session Asked Congress to Let Him Go After Medical Marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states "from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana." In a letter urging congresspeople to walk back the amendment, Sessions said the law would "inhibit [his department's] authority to enforce the Controlled Substances Act." Hat tip to Tom Angell at MassRoots, who first obtained the letter.

Reentry/Rehabilitation

Rep. Sensenbrenner Files Second Chance Act Reauthorization Bill. Rep. Jim Sensenbrenner( R-WI) has filed House Resolution 2899 to reauthorize the Second Chance Act of 2007. That law provides funding to state, local, and tribal governments that are working to reduce recidivism and improve outcomes for people getting out of jail or prison.

Chronicle AM: LA County Deputies to Carry Naloxone, Florida MedMJ Bill Advances, More... (6/9/17)

New York lawmakers are beginning a new push for marijuana legalization, the Florida Senate has passed a medical marijuana implementation bill, LA County Sheriff's deputies begin carrying the overdose reversal drug Naloxone, and more.

The LA County Sheriff's Department becomes the largest police agency in the land to carry Naloxone. (pa.gov)
Marijuana Policy

New York Lawmakers Prepare Legalization Effort. State Sen. Liz Krueger (D-Manhattan) and Rep. Crystal Peoples-Stokes (D-Buffalo), along with advocates organized by the Drug Policy Alliance, will hold a press conference Monday to announce the reintroduction of the Marijuana Regulation and Taxation Act, Senate Bill 3040 and its Assembly companion, Assembly Bill 3506. The legislation would establish a legal market for adult-use cannabis in the state, with marijuana taxed and regulated in a fashion similar to how alcohol is regulated for adults over 21.

Rhode Island Legal MJ Backers Propose Compromise. Lawmakers trying to salvage a marijuana legalization effort have proposed a two-stage process where marijuana possession would be legalized first, but the legalization of marijuana commerce would come later. The proposal from Sen. Joshua Miller (D-Cranston) and Rep. Scott Slater (D-Providence) does not have the support of state Senate and House leaders, though. They are supporting a rival bill that would delay legalization by creating a legislative commission to study the issue.

Medical Marijuana

Arizona Attorney General Asks State Supreme Court to Reinstate Ban on Campus Medical Marijuana. Attorney General Mark Brnovich (R) has asked the state Supreme Court to review an appeals court ruling that struck down a ban on medical marijuana on college campuses. The state is arguing that the legislature had the right to alter the voter-approved medical marijuana law so that college students with medical marijuana cards could face felony arrests for possession of any amount of marijuana.

Florida Senate Passes Law Implementing Medical Marijuana. The state Senate on Friday approved a bill that would implement the state's constitutional amendment expanding the use of medical marijuana on a vote of 28-8. A similar bill fell apart during the legislature's regular session, but now, during a special session, it is moving. It must still past the House and be signed into law by Gov. Rick Scott (R) to become law. The bill would cap the number of medical marijuana cultivation operations at 25 statewide and it would not allow for the smoking of medical marijuana.

Harm Reduction

Los Angeles County Deputies to Start Carrying Naloxone. The Los Angeles County Sheriff's Department is about to become the largest law enforcement agency in the US to equip its members with the life-saving opioid overdose reversal drug. Some 600 Naloxone spray kits are being handed out this week, and the department plans to get the kits in the hands of 3,000 of its deputies by year's end.

Chronicle AM: NYT Says ODs at Record High, WI Gov Advances Medicaid Drug Testing, More... (6/7/17)

Drug overdoses are at an all time high, drug war dinosaur senators want to return to harsh sentencing, Wisconsin's GOP governor moves forward with first in the nation plan to drug test Medicaid applicants, and more.

Fatal drug overdoses totaled nearly 60,000 last year, the New York Times reports. (Wikimedia)
Marijuana Policy

Connecticut House Debates Legalization, But There is No Vote. The House debated the pros and cons of marijuana legalization Tuesday night, but Democratic leaders then ended debate without any vote. They said a legalization bill would have failed in the House, but the debate could increase the chances of legalization being included as part of a budget bill, although observers describe that prospect as "a long shot."

Wichita Reduces Pot Penalties. The city council voted Tuesday to adopt an ordinance that would reduce the penalty for possession of up to 32 grams (slightly more than an ounce) of marijuana to $50 plus court costs.

ACLU, Drug Policy Alliance Sue Southern California City Over Pot Cultivation Ordinance. The ACLU of California and the Drug Policy Alliance are suing Fontana, claiming that the city's marijuana ordinance conflicts with rights granted to all Californians under Proposition 64. Under Prop. 64, every Californian 21 or older has a right to cultivate up to six marijuana plants for personal use. But the law also says cities or counties can ban outdoor gardens and "reasonably regulate" indoor grows.Fontana -- a city of 200,000 people that sits 50 miles east of Los Angeles -- passed an ordinance in January that requires residents who want to cultivate up to six plants inside their home to first get a $411 permit from the city and not have any drug convictions within the past five years, a policy the groups describe as both illegal and "egregious."

Medical Marijuana

Arkansas Finalizes Process for Medical Marijuana Applications. In a meeting Tuesday, the state Medical Marijuana Commission finalized the process for accepting applications for medical marijuana growers and sellers. The move comes after the commission developed a more detailed scoring system for ranking applicants. The application period will open June 30 and go on for 90 days. The commission will distribute 32 dispensary licenses and five cultivation facility licenses.

Florida Lawmakers Reach Agreement on Implementing Medical Marijuana. Lawmakers on Wednesday came to agreement on how to implement the state's voter-approved medical law. Under the agreement, ten new growers will be licensed this year, with five licenses going to previous applicants, five going to new applicants, and at least one reserved for a black farmer. The state current licenses only seven commercial grows. The agreement also caps the number of dispensaries each grower can operate at 25.

Oregon Bill to Let Medical Growers Sell Up to 20 Pounds in Recreational Market Advances. A bill that seeks to reshape the state's medical marijuana program so it can coexist with legal recreational marijuana is advancing. House Bill 2198, which would let medical growers sell up to 20 pounds in the recreational market in a bid to stay viable, passed the Joint Committee on Marijuana Regulation last week and is now before Joint Committee on Ways and Means.

Heroin and Prescription Opioids

New York Times Investigation Finds Drug Overdose Deaths Reached All-Time High in 2016. The New York Times published on Monday an investigative report that found that drug overdose deaths last year reached an all-time high, suggesting that the country's long-term opioid crisis continues to worsen and that younger age groups in the U.S. are experiencing record numbers of opioid overdoses than in the past. The Times looked at preliminary overdose data for 2016 provided by hundreds of state and local health authorities, concluding: "Drug overdoses are now the leading cause of death among Americans under 50, and all evidence suggests the problem has continued to worsen in 2017." The report estimates that more than 59,000 people died from a drug overdose in 2016 -- an increase of 19% from 2015. The report does not elaborate on which drugs are behind the estimated jump in overdose deaths last year, nor does the report indicate which age groups under 50 saw the largest increase in overdose deaths over prior years.

Senate Drug Warriors Feinstein and Grassley Prepare Bill With Tough New Penalties for Synthetic Opioids. The senior members of the Senate Judiciary Committee are preparing a bill that would create tough new penalties for people caught with synthetic opioids. A draft of the bill would give the attorney general the power to ban all kinds of synthetic drugs and it would impose a 10-year maximum sentence on people caught selling them for a first offense. A second offense would see the sentence double. The bill would penalize people selling drugs at a low level in the US, critics said.

Drug Testing

Wisconsin Submits Request to Drug Test Medicaid Applicants. Gov. Scott Walker (R) on Wednesday officially submitted a request for a federal waiver to become the first state in the country to drug test applicants for Medicaid benefits. Walker said the plan would provide drug addicts with treatment and make them employable. "Healthy workers help Wisconsin employers fill jobs that require passing a drug test," Walker's administration said in a press release Wednesday announcing the waiver. But critics called the notion a waste of money and an insult to people who need Medicaid.

Chronicle AM: NH Decrim Goes to Governor, VA Secretary Open to MedMJ for PTSD, More... (6/1/2017)

A decriminalization bill is heading to the New Hampshire governor's desk, Vermont's governor holds out hope for a legalization bill, Trump's opioid addiction commission will meet in a couple of weeks, and more.

Marijuana Policy

Nevada Pot Shop Rollout Could Be Delayed By Lawsuit. A state district court judge on Tuesday issued a temporary restraining order prohibiting the state Department of Taxation from enforcing a Wednesday deadline for license applications for the state's program to get legal marijuana sales off to an early start. The order came in response to a lawsuit from the Independent Alcohol Distributors of Nevada, who complain that the ballot measure that legalized weed in the state gave liquor wholesalers exclusive rights to distribution licenses for the first 18 months of sales. Distributors are those responsible for transporting marijuana from grows and production facilities to dispensaries.

New Hampshire Legislature Gives Final Approval to Decriminalization Bill. The House on Thursday voted to accept Senate changes to House Bill 640, which will decriminalize the possession of up to three-quarters of an ounce of marijuana. The bill now goes to the desk of Gov. Chris Sununu (R) is expected to sign the bill into law within the next couple of weeks.

North Dakota Legalization Signature Drive Will Begin in Fall. Proponents of a 2018 legalization initiative campaign say they will begin a signature gathering campaign in the fall, once students return to classes. A core group of individuals is working on a draft to be submitted to the secretary of state's office later this summer.

Vermont Governor Says Talks Continue on Marijuana Legalization Bill. Gov. Phil Scott (R) said Wednesday he thought it was still possible to pass a marijuana legalization bill during a two-day veto session set for later this month. Republican legislative leaders have said they wouldn't allow a parliamentary maneuver necessary to pass a revised legalization bill, but Scott said that if his public safety concerns are addressed, he could reach out to GOP leaders.

Medical Marijuana

VA Secretary Says He's Open to Medical Marijuana for PTSD. Department of Veterans Affairs Secretary David Shulkin on Wednesday said he is open to expanding the use of medical marijuana to treat soldiers with post-traumatic stress disorder in states where it is legal. "There may be some evidence that this is beginning to be helpful and we're interested in looking at that and learning from that," Shulkin said during a press conference. "Right now, federal law does not prevent us at VA to look at that as an option for veterans... I believe that everything that could help veterans should be debated by Congress and by medical experts and we will implement that law."

Drug Policy

Trump Addiction Commission Set to Meet June 16. The Office of National Drug Control Policy (ONDCP -- the drug czar's office) has announced that the President's Commission on Combating Drug Addiction and the Opioid Crisis will hold an inaugural meeting on June 16. The commission, which is loaded with drug policy conservatives, is charging with providing "advice and recommendations for the President regarding drug issues." The meeting will be at 12:30pm ET and will be available for public viewing via live stream.

International

Peru Takes First Casualties in Offensive in Key Coca Growing Region. A week after Peru announced that security forces were entering the region known as the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM) in a bid to suppress the coca crop in the country's largest coca growing region, two policemen were killed in an ambush by presumed drug traffickers Wednesday. Police said they were killed in the Luricocha district, where traffickers have allegedly allied themselves with remnants of the Shining Path guerrillas.

Canada Tories Want to Remove Home Grow Provisions From Legalization Bill. Conservatives in parliament are criticizing a provision in the legalization bill that would allow adults to grow up to four marijuana plants per household. "Is there any easier way to get marijuana than if your parents and everybody have got plants in the kitchen?" Tory justice critic Rob Nicholson, a former attorney general, asked in a speech to the House. Another Tory MP, Marilyn Gladu, warned that children could eat the plants. "Kids eat plants all the time because their parents do not put them up in the cupboard,” she said, ignorant of the fact that THC in marijuana plants must be heated in order to convert non-psychoactive THCA to THC, the stuff that gets people high.

SD Attorney General Foiled in Bid to Prosecute Tribal Marijuana Industry Consultant

South Dakota Attorney General Marty Jackley (R) thought he had the perfect case to help burnish his tough-on-pot prosecutorial credentials as he eyes the governorship in the socially conservative state. It didn't work out that way, though.

Eric Hagen, who was set to be sacrificed on the altar of Jackley's ambitions, walked free last week after a jury in Flandreau refused to convict him of a marijuana trafficking conspiracy for his company's efforts to advise the Flandreau Santee Sioux Tribe on a marijuana cultivation operation and resort.

The tribe last year had announced plans for the operation after tribes across the country received an unsolicited okay from the federal government to pursue marijuana operations and hired Hagen's Colorado-based Monarch America to help get the operation up and running. But facing mixed signals -- including threats of possible raids -- from federal officials and staunch opposition from state and local officials, the tribe tore up its plants last fall.

State officials got what they wanted, the tribe gave up its plans, Monarch America closed up shop on the reservation, and the matter appeared to be settled. But nine months later, as Jackley geared up for his 2018 gubernatorial run, he brought marijuana trafficking charges against Hagen and Monarch Vice President Jonathan Hunt.

The move came even though state attorneys general can't prosecute non-Indians for crimes on reservations. In a novel move, Jackley argued that his office did have jurisdiction to prosecute victimless crimes committed by non-Indians.

Facing up to ten years in state prison, Hunt copped to one count of conspiracy in August and agreed to testify against his business partner, but Hagen decided to fight and went to trial beginning last Friday. As a witness, Hunt testified that he did not think he was really guilty of crime, but accepted a plea bargain because he didn't want to risk a prison sentence.

At the trial, jurors had to decide whether Hagen possessed or intended to possess marijuana and whether he engaged in a conspiracy. The state's case took a blow when Santee Sioux tribal officials, including Chairman Tony Reider, testified that it was the tribe's marijuana, not Hagen's, and that Hagen and Hunt were merely consultants.

Defense attorney Mike Butler also successfully challenged the conspiracy claim, noting in arguments and questions to witnesses that there was nothing secret about the tribe's plans. As Butler noted, the tribe and Monarch America had been very open about their plans and had invited media, lawmakers, and even the FBI to tour the grow operation.

Butler also alluded to the political subtext behind Jackley's prosecution of the consultants. "My client and Mr. Hunt are collateral damage," he said.

The jury agreed, finding Hagen not guilty after only two hours of deliberation Wednesday.

Hagen is a free man, but his company must now be rebuilt, and the Sioux Falls native is calling out Jackley for attempting to ride to higher political office on his back.

"He tanked our company by spreading lies and rumors," Hagen said. "It was 100% politically motivated. This was simply a media ploy for Jackley because he's running for governor in 2018."

Flandreau, SD
United States

Chronicle AM: France Marijuana Decrim, PA High Court Reins in Forfeiture, More... (5/26/17)

France is moving toward marijuana decriminalization, perhaps as early as September, Vermont legalization supporters still hold out hope, and more.

Vive la France!
Marijuana Policy

New Hampshire Senate Committee Votes to Establish Commission to Study Marijuana Legalization. The Senate Judiciary Committee voted Thursday to approve House Bill 215, which would create a 22-member commission to study"the possible impacts of changing state policy to treat marijuana in a manner similar to the way the state deals with alcohol and shall study the legalization, regulation, and taxation of marijuana including the specific issues related to growing, selling, taxing, limiting use, advertising, promoting, and otherwise regulating marijuana and marijuana-infused edible products." The bill has already passed the House and now heads for the Senate floor.

Vermont Legalization Supporters Seek Compromise. In the wake of Gov. Phil Scott's (R) veto of the Senate Bill 22 legalization measure, supporters are seeking to find a compromise that will make the governor comfortable signing off on legalization. Scott said he wanted more aggressive penalties for driving under the influence or smoking in front of children and clearer and harsher penalties for selling and providing marijuana to minors. But Senate Judiciary Committee Chair Sen. Richard Sears (D-Bennington), a legalization supporter, said while compromise was possible, it might not happen if Republicans don't agree to suspend legislative rules to allow the legislation to move more quickly during a two-day summer session.

Medical Marijuana

Prohibitionist Senators File CBD Research Bill. Two of the Senate's most ardent prohibitionists, International Narcotics Control caucus leaders Sens. Dianne Feinstein (D-CA) and Chuck Grassley (R-IA) filed a bill to expand research into the medical benefits of cannabidiol and marijuana Thursday. The bill has not yet been assigned a number, nor is the text available on the congressional website, but the text can be viewed here. Feinstein authored a similar bill last session that went nowhere.

Asset Forfeiture

Pennsylvania Supreme Court Reins in Prosecutors on Civil Asset Forfeiture. In a unanimous decision Thursday, the state's highest court ruled that before seizing a property, prosecutors must prove it played a significant role in committing a crime, and it's value must be proportionate to the offense. The ruling came in the case of a 72-year-old Philadelphia woman whose $54,000 home and used minivan were seized in 2012 after her son was investigated for selling small amounts of marijuana. Her case has now been sent back to the lower courts to be decided in compliance with this ruling.

Sentencing

Hakeem Jeffries Files Federal Drug Charge Expungement Bill. US Rep. Hakeem Jeffries (D-NY) has filed House Resolution 2617, which would allow first-time, low-level, nonviolent drug possession offenders a change to expunge their convictions and clean up their records upon completion of court imposed probation. The bill has been referred to the House Judiciary Committee.

International

France Could Decriminalize Marijuana Possession as Soon as September. Interior Minister Gerard Collomb said Wednesday that the ministry is set to issue new rules under which someone caught with small amounts of pot would be cited and fined -- not arrested. The new rules could be in place "within three or four months," he said. Collomb's boss, newly-inaugurated President Emmanuel Macron had campaigned in favor of decriminalization and described marijuana prohibition as "posing a security problem."

Medical Marijuana Update

The nation's leading veterans organization wants the Trump administration to open up medical marijuana research for vets, Maryland regulators grant first medical marijuana business licenses, the Utah GOP rejects a resolution in support of medical marijuana, and more.

National

Last Thursday, the American Legion asked Trump to allow medical marijuana research for veterans. In a letter to the White House, the conservative veterans' group asked for a meeting with Trump son-in-law and key advisor Jared Kushner, "as we seek support from the president to clear the way for clinical research in the cutting edge areas of cannabinoid receptor research," the letter said. "We are not asking for it to be legalized," said Louis Celli, the national director of veterans affairs and rehabilitation for the American Legion. "There is overwhelming evidence that it has been beneficial for some vets. The difference is that it is not founded in federal research because it has been illegal."

Florida

On Tuesday, a judge backed issued two more medical marijuana licenses. Administrative Law Judge John Van Laningham ordered the state to issue two new licenses to medical marijuana operators. That would boost from seven to nine the number of entities licensed by the state to grow, process, and distribute marijuana to patients.

Maryland

Last Wednesday, regulators granted the first medical marijuana grow licenses. More than four years after the state approved medical marijuana, the state Medical Cannabis Commission voted unanimously to grant final approval to the first firm licensed to grow medical marijuana, ForwardGro in Anne Arundel County. "A new industry in Maryland has been launched," said Patrick Jameson, executive director of the commission. "They can start to grow immediately." Fifteen companies were granted preliminary licenses last year, but none of the others have been granted final approval yet.

Missouri

On Tuesday, the ACLU sued a library over its refusal to allow activists to meet there. The ACLU filed a lawsuit Tuesday against the Rolla Public Library charging that it refused to allow a local man to hold a meeting in one of its rooms because he advocates for legalizing medical marijuana. Randy Johnson of New Approach Missouri had sought the room for a training session for initiative signature gatherers, but was unconstitutionally discriminated against because of his political views, the ACLU said.

Rhode Island

On Tuesday, a judge ruled a local company discriminated against a medical marijuana user. A Superior Court judge ruled that the Darlington Fabrics Corporation had discriminated against a woman when she was denied an internship because she used medical marijuana to treat her migraine headaches. The company's action violated the state's Hawkins-Slater Medical Marijuana Act, which bars discrimination against registered medical marijuana users.

Utah

On Sunday, Republicans rejected a resolution supporting medical marijuana. At its annual convention over the weekend, the Utah Republican Party overwhelmingly rejected a resolution in support of medical marijuana, defeating it by a margin of 70% to 29%. The Republican-controlled legislature has refused to enact a full-fledged medical marijuana law, and now the state GOP has made it clear it intends to stick to its guns. Advocates could undertake an initiative campaign next year in the face of legislative indifference or hostility.

[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, Safe 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