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Chronicle AM: Trump Undercuts AG on Pot, Key GOP Pol Nixes Food Stamp Drug Tests, More... (4/16/18)

The president appears to leave his attorney general out to dry on marijuana policy, New York's governor is being pushed left on pot by a celebrity challenger, a key GOP lawmaker opposes the Trump push to drug test food stamp recipients, and more.

Donald Trump looks like he's hung Jeff Sessions out to dry when it comes to marijuana policy. (Wikimedia/Gage Skidmore)
Marijuana Policy

Trump Appears to Undercut Jeff Sessions' War on Weed. President Trump last week signaled a dramatic turnaround in administration marijuana policy, telling Colorado Republican Sen. Cory Gardner that the Justice Department would not go after state-legal marijuana in Colorado and that he would support moves to address the contradiction between legal marijuana states and federal pot prohibition. That puts Trump in line with his own campaign statements that marijuana should be a states' rights issue, but at odds with Attorney General Jeff Sessions, who has been a staunch opponent of marijuana legalization and who has explicitly told federal prosecutors they are free to go after the legal marijuana industry. Sessions, who is much abused by Trump for failing to protect him from the Mueller investigation, now finds himself on the outs on pot policy, too.

Maine Governor Says Legal Marijuana Implementation Bill Faces "Automatic" Veto. Tea Party Gov. Paul LePage is threatening an "automatic" veto of a compromise bill designed to get the state's legal marijuana commerce system up and running. He said he was unhappy with a provision that allows registered medical marijuana patients to avoid paying excise taxes, suggesting that people would register as patients just to avoid taxes. But the House has already passed the bill by a veto-proof majority and the Senate could do so this week.

Sex in the City Challenger Pushes New York Governor to the Left on Pot Policy. Actress Cynthia Nixon, best known for her role in Sex in the City, is pushing Gov. Andrew Cuomo to the left on marijuana policy. Nixon has announced her candidacy for the Democratic gubernatorial nomination and she has made marijuana legalization a banner issue. Cuomo has opposed legalization, although he shifted slightly in January, when he announced he would form a panel to explore freeing the weed. But now, with Nixon getting lots of attention for her pot stance, Cuomo is hinting at more movement. "The situation has changed drastically with marijuana," he said at a news conference last Thursday. "It's no longer a question of legal or not legal. It's legal in Massachusetts. It may be legal in New Jersey, which means for all intents and purposes, it's going to be here anyway. The majority of the legislature is, I would say, against legalizing it," he continued. "I said it's a new day; let's look at the facts. I know people have opinions -- and it's hard to get people to change opinions -- but opinions should be based on facts. So let's talk to the experts, let's put together the facts."

Drug Testing

Key GOP Lawmaker Opposes Drug Testing for Food Stamps. Rep. Mike Conway (R-TX), chairman of the House Agriculture Committee, said last Friday that he "generally opposes" drug testing food stamp recipients. The remarks were in reaction to a plan floated last week by the Trump administration to allow states to do just that. The Agriculture Committee has authority over the food stamp program and is currently crafting a bill that includes an overhaul of the program, but contains no provision for drug testing. "I'm generally opposed to drug testing because I think it hurts the children," Conway said. "Most of these folks who are on the program, if they've got children involved, the children would still get their SNAP benefits but the parents wouldn't, and you're hurting the kid." Conway said he'd rather "figure out a way to help them."

International

Australian Greens Call for Marijuana Legalization. The Australian Green Party has called for the full legalization of marijuana, with a new government agency to act as the sole wholesaler of packaged pot. The Green proposal also includes a provision for growing up to six plants at home. The Greens aren't considered a major party in Australia, but they do have federal representation. The call for legalization differentiates the Greens from Labor and the Liberal/National Coalition, both of which support a 2016 plan to legalize only medical marijuana.

Irish Greens Call for Marijuana Decriminalization, Dutch-Style Coffee Shops. The Irish Green Party has called for the decriminalization of small amounts of marijuana. The current law has "made criminals out of decent people," the party says. The Green proposal would decriminalize the possession of up to five grams, as well as contemplating a Dutch-style coffee shop system. The Irish Greens aren't considered a major political party, but they do have two people in the Dail, the Irish parliament.

(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 web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Four Ways Using Even Legal Marijuana Makes You a Second Class Citizen [FEATURE]

Marijuana is now legal in nine states constituting about one-fifth of the US population, and medical marijuana is recognized in a total of 29 states. That means people in those states can possess and use marijuana without fear of criminal prosecutions (if they have a doctor's recommendation in the medical marijuana-only states).

people enjoying marijuana (Darrin Frisby Harris/Drug Policy Alliance)
But even in legal marijuana states, pot smokers face restrictions that in effect turn them into second-class citizens, unable to do things non-drug users or users of legally sanctioned drugs, such as alcohol, can do, or somehow punished for doing them. While legalizing marijuana is a giant breakthrough, as long as marijuana users face stigma, discrimination, and worse over their choice of substances, the job is only half-done.

Here are four ways even legal marijuana users get screwed:

1. Employment Rights

You may be able to smoke pot legally, but it can still cost you your job. Even in legal marijuana states, legalization laws generally are careful not to intrude on the rights of employers to conduct drug testing for pot and to fire people who test positive -- even if they're not high or impaired at work.

Legal cases in California, Colorado, Montana, and Washington have all upheld the right of employers to fire or refuse to hire workers who test positive for marijuana even if they have a medical marijuana recommendation. But the law is rapidly evolving, and a recent case from Connecticut, a nursing home that refused to hire a medical marijuana patient after he tested positive for THC was ordered to reinstate the job offer.

A thriving economy and growing social acceptance of marijuana may also bring some solace to pot smokers. As Bloomberg noted just last month, we are now seeing a "slow decline in pre-employment drug screening," with some major employers abandoning the practice in the face of a tight job market. That trend, unsurprisingly, is being led by companies in the marijuana legal states. In Colorado, for instance, the percentage of employers using pre-employment drug tests declined from 77% in 2016 to 66% last year.

But still, if you smoked a joint on Friday night, Walmart still doesn't think you're fit to stock their shelves on Monday morning.

2. Gun Rights

If you smoke pot, you can't legally purchase or own a gun. As more states move toward legalization, the Bureau of Alcohol, Tobacco & Firearms (ATF) has clarified its Form 4473, the federal Firearms Transaction Record that purchaser must fill out to buy a gun: "Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?" the form asks.

And just so you stoners get it, ATF has added the following language: "Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside."

That means marijuana users who want to legally purchase a weapon have to lie on Form 4473. And that's a federal crime. (Unlikely to be caught and prosecuted, but still.)

In August 2016, a federal appeals court upheld the ban on gun sales to medical marijuana patients. The 9th US Circuit Court of Appeals in San Francisco ruled that the federal government's ban on gun sales to medical marijuana cardholders does not violate the 2nd Amendment. The decision came in the case of a Nevada woman turned away from a gun shop after obtaining a medical marijuana card. The ruling sets precedent for all nine states in the circuit, including California, Oregon, and Washington.

There have been proactive efforts by law enforcement in a handful of states to, for example, order registered medical marijuana patients to turn in their guns, but those have so far been aborted in the face of loud opposition. In Pennsylvania, the state Health Department is no longer providing the names of patients to law enforcement after newspapers there reported the patients would not be able to buy firearms; in Illinois, regulators removed a rule that would have barred legal gun owners from becoming patients; and in Hawaii, police had to walk back a plan to force patients to hand in their guns.

Still, as long as the federal government maintains marijuana prohibition and as long as ATF considers marijuana a controlled substance, pot smokers' gun rights are at risk. And the NRA doesn't seem to care.

3. Parental Rights

In both medical marijuana states and full-blown legal pot states, parents have lost custody of their children over their marijuana use. Part of the problem is that marijuana remains federally illegal, turning the pot-using parent into a criminal in the eyes of courts of child protective services workers. Another part of the problem is discrimination and subjectivity about what constitutes "the best interest of the child." If a child protective bureaucracy or even an individual case worker harbors anti-marijuana sentiments, even non-problematic recreational use of pot can be used to take children from the home or deny custody to the offending parent.

Marijuana use is especially likely to pop up in divorces where custody of the child or children is contested. If your spouse griped about your pot-smoking while you were married, be prepared for him or her to try to use it against you in a nasty divorce case. Divorce attorneys warn parents facing this prospect to quit smoking pot now, well ahead of any court dates and court-ordered drug tests.

That's another way pot-smoking parents get hammered. Courts may demand onerous drug testing for months or year or require that visits with children be supervised.

Medical marijuana support groups report hundreds of cases of parents losing custody of their kids, some merely for having registered as medical marijuana patients. But there are small signs of positive change on the horizon: California's Prop 64, for instance, includes a provision saying courts can no longer rescind or restrict a parent's custodial rights solely because they have a medical marijuana recommendation.

That's a start, but we still have a long way to go before pot-smoking parents can rest easy.

4. Housing Rights

You can be kicked out of your home for using marijuana if you are poor and live in HUD, Section 8, or other federally-subsidized housing. Under a 1999 HUD Memorandum Regarding Medical Marijuana in Public Housing still in effect, any activity relating to controlled substances, including even medical marijuana, can get you evicted.

And it doesn't have to be just you. If you live in federally-subsidized housing and your grandson gets caught smoking a joint in the parking lot, you can find yourself tossed out on the street.

Even people who don't live in federally-subsidized housing face problems, especially if they live in rental housing. Landlords can prohibit tenants from using marijuana, and rental apartment industry associations typically counsel their members that "banning the use or possession of marijuana on site does not violate any landlord/tenant or fair housing laws, even when marijuana has been legalized by local ordinance or state statute." Nor, they argue, is allowing the use or cultivation of medical marijuana a "reasonable accommodation" required by law, even if it's been medically recommended.

Marijuana is increasingly legal and accepted, but the progress is uneven, and the battle to be treated like normal citizens remains unfinished.

Montana Prosecutor Calls for "Immediate Crackdown" on Pregnant Drug and Alcohol Users [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Taking the war against pregnant women to a whole new level, a Montana prosecutor called this week for an "immediate crackdown" on women who use drugs or alcohol while pregnant; urged friends, family members, health care providers, and even strangers to turn in women they suspect to authorities; and warned drug- or alcohol-using pregnant women to "immediately self-report" to state health authorities to avoid criminal prosecution.

On the Crow Reservation, Big Horn County, Montana (Wikimedia)
Even though there is zero scientific evidence supporting policies of coercion and punishment directed to pregnant women, some jurisdictions, mainly in the South, have taken to prosecuting women who give birth to children with drugs in their system. That's not good enough for Big Horn County Attorney Gerald "Jay" Harris, who has concocted a toxic brew of anti-abortion and war on drugs ideology, along with a nice dollop of real world racial disparity, to call for prosecuting women while they are still pregnant -- and to go after them if they seek abortions to avoid prosecution.

In a Thursday press release, County Attorney Harris announced the crackdown, saying he will seek protection orders restraining pregnant women from any non-medically prescribed use of illicit drugs or alcohol, and those who violate the orders will be jailed to "incapacitate" them.

"It is simply not satisfactory to our community that the protection of innocent, unborn children victimized in this manner and subject to a potential lifetime of disability and hardship relies exclusively on social workers removing the child from the custody of the mother at birth," Harris explained. "This approach is not timely and has not proven to be a sufficient deterrent to this dangerous, unacceptable behavior and will no longer be the state's policy in Big Horn County."

Big Horn County, home to the Crow and Northern Cheyenne Native American reservations, is 60% Native American and only 33% white, including County Attorney Harris.

Harris called on both the reservations and other prosecutors in Montana to join him in his crusade, which National Advocates for Pregnant Women (NAPW) described in a statement as a "reckless call to hunt down pregnant women." The advocacy group said it was "shocked by this attack on the health, liberty, and basic human rights of women in Big Horn County."

Harris's statement "irresponsibly promotes medical and scientific misinformation, promotes an environment of fear and reflects a shocking disregard for the rights and well-being of women and families, NAPW charged.

NAPW warned that Harris has no legal authority to carry out such a policy, saying enforcement would violate state and federal law. It also had a heads-up for potential busy-bodies: "People who heed the prosecutor's call to report pregnant women and violate patient privacy and confidentiality may themselves be subject to legal action," the group advised.

As NAPW noted, policies of coercion and punishment directed at pregnant women are actually counterproductive. Such policies discourage them from seeking prenatal health care and may even drive some to seek abortions to avoid arrest. And this is where Harris's anti-abortion politics and view of women as essentially little more than incubators rears its head.

"In the event an expecting mother chooses to abort an unborn child instead of refraining from drug or alcohol use and litigation extends beyond our local courts, we trust Attorney General Fox will make the right decision on behalf of all Montanans and continue this fight to the extent necessary to ensure justice is afforded to the most vulnerable of our society," he warned.

The NAPW, for its part, is cautioning women against "self reporting" to government agencies that could incarcerate them and is further urging "every medical and public health provider in Big Horn County to immediately oppose this dangerous, unethical, and counterproductive policy." It is also encouraging everyone who supports the health, dignity, and human rights of pregnant women to contact Harris "to let him know you oppose this outrageous action."

Harris thoughtfully provided his office phone number on his press release. It is (406) 665-9721.

Chronicle AM: MA MJ Talks Resume, WI "Cocaine Mom" Law Back in Effect (For Now), More... (7/10/17)

Massachusetts lawmakers finally figured out their budget, so now maybe they can figure out how to implement the will of the voters on legal pot; the Supreme Court lets Wisconsin continue to enforce its "cocaine mom" law as the state appeals a lower court ruling it's unconstitutional; Colombian coca cultivation was way up last year, and more.

Colombian coca cultivation jumped last year, the UN Office on Drugs and Crime says. (unodc.org)
Marijuana Policy

Massachusetts Lawmakers Resume Talks on Implementing Legalization. A House-Senate conference committee was set for a closed door meeting Monday afternoon to restart negotiations over legislation that would implement the state's voter-approved marijuana legalization law. House and Senate negotiators are split over a number of issues, foremost among them taxation rates and whether localities can ban pot businesses without a popular vote.

Medical Marijuana

North Dakota Seeks Letters of Intent from Prospective Growers and Dispensaries. The Health Department last Friday asked prospective medical marijuana growers and dispensary operators to send in letters of intent to apply under the state's new medical marijuana law. The department said it wants a better idea of how many applications it will receive in coming months. Interested parties have until July 28 to send in their letters.

Drug Policy

US Supreme Court Lets Wisconsin "Cocaine Mom" Law Stay in Effect Pending Appeal. The Supreme Court last Friday issued an order lifting an injunction against Wisconsin's "cocaine mom" law imposed in April. The law allows state officials to detain pregnant women suspected of using drugs or alcohol. A federal district court judge ruled the law unconstitutionally vague and issued the injunction, but now the Supreme Court will allow the state to continue to use the law while it appeals the lower court ruling.

Sentencing

Report: Some Federal Prosecutors Ignored Obama Sentencing Recommendations. A report from the Justice Department's Office of the Inspector General released last Friday finds that at least 20 of the country's 94 federal prosecutorial districts did not follow Obama administration "Smart on Crime" sentencing recommendations aimed at reducing the number of mandatory minimum sentences for drug offenses. Still, the report noted, the initiative had an impact: Drug offenders sentenced without mandatory minimum sentences increased from 40% in 2014 to 54% in 2015.

International

UN Says Colombia Coca Cultivation Increased Dramatically Last Year. The UN Office on Drugs and Crime reports that the amount of land under coca cultivation jumped from 250,000 acres in 2015 to 363,000 acres last year, an increase of nearly 50%. The UNODC notes that most of the increase came in areas that had been under the control of the now demobilized FARC guerrillas. The Colombian military failed to take effective control of those areas, leaving a power vacuum filled by dissident guerrilla groups, rightist paramilitaries, and drug trafficking organizations.

Chronicle AM: SD Sued Over Forced Catheterization of Toddler for Drug Test, More... (6/30/17)

The ACLU sues South Dakota over the forced drug testing of a toddler, Detroit residents again sue the dope squad for killing dogs in pot raids, Pennsylvania's governor signs an asset forfeiture reform bill, and more.

Trump's EPA head stops California from setting pesticide regulations for marijuana crops.
Marijuana Policy

EPA Rejects California's Request to Recognize Allowable Marijuana Pesticides. Environmental Protection Agency head Scott Pruitt last week rejected the state's request to recognize acceptable pesticides for pot crops. Pruitt used the fact of marijuana's continuing illegality under federal law to justify the decision: "Under federal law, cultivation (along with sale and use) of cannabis is generally unlawful as a schedule I controlled substance under the Controlled Substances Act. The EPA finds that the general illegality of cannabis cultivation makes pesticide use on cannabis a fundamentally different use pattern."

Medical Marijuana

Pennsylvania Health Department Issues Dispensary Permits. The Health Department announced Thursday it had granted 27 medical marijuana dispensary permits. Each permit holder can open up to three dispensaries. They will be permitted to begin selling medical marijuana in six months. Click on the link for a list of permit recipients.

Asset Forfeiture

Pennsylvania Governor Signs Asset Forfeiture Reform Bill. Gov. Tom Wolf (D) signed into law Senate Bill 8 on Thursday. The bill does not end civil asset forfeiture, but does impose a higher burden of proof on law enforcement before forfeitures can take place, mandate a hearing before any seized real property is forfeited, and add protections for third-party property owners.

Drug Testing

South Dakota Sued Over Forced Catherization of 3-Year-Old for Drug Test. The ACLU of South Dakota has filed a pair of lawsuits over the forced use of a catheter to take a urine sample from a three-year-boy to test for drugs as part of a child welfare investigation. The suit comes in the case of a Pierre woman whose boyfriend violated probation by testing positive for illegal drugs. Child protective workers then told the women her children would be taken away if she did not submit them to a drug test. The federal lawsuit names as defendants the state of South Dakota and the hospital whose employees actually performed the procedure.

Law Enforcement

Detroit's Dog Killing Drug Cops Sued for Third Time. A Detroit couple has filed a civil rights lawsuit against Detroit Police alleging officers needlessly and maliciously killed their three dogs during a July 2016 marijuana raid after officers refused to let them retrieve the animals from the back yard. That brings to three the number of active lawsuits filed against Detroit cops for killing dogs during pot raids. The culprit is the department's Major Violators Unit, which conducts hundreds of raids a year in the city, and which has left a trail of dead dogs in its wake. One officer alone has killed 69 dogs.

Illinois Supreme Court Rules County DAs Can't Form Their Own Dope Squads. The state Supreme Court ruled Thursday the county prosecutors cannot form their own policing units to conduct drug interdiction efforts, including traffic stops. The ruling came in a case involving the State Attorney's Felony Enforcement (SAFE) Unit created by the LaSalle County district attorney. The unit operated for five years, mainly stopping cars on their way to and from Chicago. Previously, state appeals courts had ruled that the units were an overreach of prosecutorial authority, and now the state's highest court has backed them up.

Chronicle Book Review: This Side of Freedom: Life After Clemency, by Anthony Papa

After decades of the war on drugs and other "tough on crime" policies, America seems finally to have begun to come to its senses. The imprisonment rate has leveled off, and we're no longer seeing year after year after year of ever-increasing numbers of people behind bars in the land of the free.

We've seen that change at the federal level, with the Fair Sentencing Act, softening of the sentencing guidelines for drug offenses, and Justice Department instructions to prosecutors to avoid hitting bit players with mandatory minimum sentences. We've seen that at the state level, with sentencing reforms in dozens of states leading to an actual reduction in the number of state prisoners. And we've even seen it at the local level -- the nation's system of city and county jails -- through things like marijuana decriminalization and reforms in bail practices.

That's all well and good, but we're still the world's leading jailer, in both absolute and per capita term, with more than two million people locked up (China only has 1.5 million). Tens of thousands of them are non-violent drug offenders sentenced under draconian laws enacted before the fever broke -- confined not for years, but for decades -- and writing less brutal sentencing laws now isn't much help to them.

In his waning days in office, President Obama struck a bold blow for justice and made modern presidential history by granting clemency to more than 1,700 federal drug prisoners. Let's be crystal clear here: These were not pardons granted to people who had finished their sentences and long ago returned to society and now wanted their records wiped clean. Obama's commutations meant that people currently spending their lives behind prison walls walked free -- years or decades before they otherwise would have. Hundreds, mostly third time drug offenders serving life sentences, would have died in prison.

But the president can only grant pardons or commutations to people in the federal system, and the vast majority of American's prisoners are in state prisons. Each state governor holds a pardon power similar to the federal chief executive's, but it is used sparingly, some might even say stingily, and has certainly never been wielded in a mass fashion to achieve a social justice end like Obama did at the federal level.

That's a crying shame -- and a potential focus of reform organizing -- because a governor's signature can liberate a human being who not only deserves a chance to breathe the air of freedom, but who may actually make our world a better place by being in and of it instead of being locked away from it -- and us.

Ask Tony Papa. He was a young New York City family man with his own business who, short on cash, took an offer to make a few hundred bucks by delivering some cocaine back in the 1980s, when New York's draconian Rockefeller drug laws were still in full effect. It was a sting, and Papa got popped. Like thousands of others, the luckless he quickly entered the state's drug war gulag, sentenced to 15 years to life.

In an earlier work, 15 to Life, Papa told the story of his bust, his seeming eternity behind bars, his slammer-honed artistic talent, and how an anguished self-portrait that seemed to encapsulate the horror and madness of crushing drug prohibition resulted in some high-placed interest, followed by media attention, a public campaign on his behalf, and his release after 12 years when he was granted clemency by then-Gov. George Pataki. It is a remarkable tale of punishment, perseverance, and redemption.

And now, he's back with the rest of the story. In This Side of Freedom: Life After Clemency, the personable Papa tells the tale of his life after rebirth -- and makes achingly clear how the trauma of years-long incarceration lingers in the psyche of the freed. There is a clear public policy moral buried in these pages, too: Getting out of prison is only the first step, reentry into society is hard, society itself seems to make it even harder, a virtual obstacle course for people taking the baby steps of freedom, but if we as a society are smart, we will make the effort, for our own collective sake as well as out of a humanitarian impulse.

Compared to most newly freed prisoners, Papa had it good. The campaign for his release had made him connections, he could find work, he could revive his familial ties, yet still he struggled, and understandably so. When you've spent a dozen years being told what to do, freedom isn't easy.

Papa had his demons, and part of the way he fought them was by resolving not to forget the prisoners he left behind. Within a year of his release, inspired by the courageous years-long struggle of the Argentine Mothers of the Disappeared, those survivors of the thousands taken and killed by the military dictatorship of the 1970s, he and comic/political gadfly Randy Credico formed the New York Mothers of the Disappeared along with family members of the thousands imprisoned under the Rockefeller laws.

Papa, Credico, and the Mothers played a critical role in early efforts to overturn the Rockefeller drug laws, and his tales of feckless politicians, preening celebrity intervenors, and back room double-dealing are the inside dirt on the glacial process of bringing some sanity to the state's drug laws. It ain't pretty, but reform did happen -- eventually -- and Papa got his social justice payback. If that isn't redemption-worthy, I don’t know what is.

This Side of Freedom is one part memoir, one part social history, one part heart-felt manifesto. Papa is an effective, engaging writer who tells his story in discrete episodes and has a knack for jumping from the personal to the political like a quivering quantum particle. You'll meet a range of colorful characters and experience the gamut of human emotion -- the highs, the lows, the ennui -- as you follow Papa's path.

His is one portrait of life in turn-of-the-21st Century America: mindless cruelty and brutality, mixed with racial injustice, but leavened with the will to resist. Read and ask yourself: How many other Tony Papas are out there, watching their lives tick away as they're locked in the cells, when they could be out here helping the rest of us make our world a better, more just and humane place?

Chronicle AM: NFL Players Want Less Punitive MJ Approach, Israel MedMJ Research, More... (1/25/17)

NFL players want the league to ease up on weed, an Oregon bill seeks to declare a kratom "emergency" and study whether to ban it, the Israelis are funding medical marijuana research, and more.

Oregon is the second state this year to see moves toward banning kratom at the statehouse. It's happening in Florida, too.
Marijuana Policy

NFL Players Association Will Propose Less Punitive Approach to Pot. The NFLPA is working on a proposal to change the league's drug policy to take a softer line on marijuana. The association will take the proposal its board of representatives first, and if the board approves it, on to the league. Currently, players are subject to fines or suspensions for using marijuana, whether recreationally or medicinally.

Medical Marijuana

Arkansas Governor Signs Medical Marijuana "Fix" Bills. Gov. Asa Hutchinson (R) signed into law two bills aimed at modifying the state's new, voter-approved medical marijuana law. House Bill 1026 will extend the deadline for rulemaking from 120 days to 180 days, and House Bill 1058 removes the requirement that doctors certify in writing that the help benefits of marijuana would outweigh the risks to the patient.

Kratom

Oregon Bill Would Declare Emergency, Study Whether to Ban Kratom. The state Senate Interim Committee on the Judiciary has filed a measure, Senate Bill 518, which would declare a kratom "emergency" in the state and direct the state Board of Pharmacy to conduct a study to see if the plant and its derivatives should be scheduled as a controlled substance under state law. The DEA is currently weighing a similar move on the federal level, but has run into stiff opposition from users and advocates.

Heroin and Prescription Opioids

Maryland Governor Rolls Out Package to Fight Heroin. Gov. Larry Hogan (R) unveiled a package of proposals to deal with heroin and prescription opioid use in the state. He wants strict limits on doctors' ability to write prescriptions for opioids, stiff penalties for sellers of those drugs, and a new "command center" to coordinate the official response. In other states where such measures have been proposed, doctors have objected loudly to politicians placing legal limits on the care they provide. Democrats in the legislature are working on their own package of measures, but have released no details.

Drug Testing

New York Bill Would Require Drug Testing Children Whose Parents Get Arrested for Drugs. A bill named after an infant who died of a drug overdose would require hair follicle testing of children if their parent or guardian has been arrested on a drug charge. Kayleigh Mae's Law is not yet on the legislative website. Kayleigh Mae Cassell was found to have been given cocaine and heroin by her mother and live-in boyfriend, both of whom have pleaded guilty in her death.

International

Israel Will Fund Research for Medical Marijuana Crops. The Ministry of Agriculture and Rural Development will fund medical marijuana research in what it says is a pioneering step to aid researchers in developing a new generation of medical marijuana products. The ministry and the Health Ministry have allocated $2.1 million US for the project.

Medical Marijuana Update

A study finds medical marijuana associated with a decline in traffic fatalities, the Arizona courts stick up for medical marijuana, changes in state law will have impacts in Colorado and Oregon, and more.

National

On Monday, a study found that states with medical marijuana laws see a decline in traffic deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Arizona

Last Wednesday, a prosecutor said he will appeal a ruling telling him not to obstruct medical marijuana businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Last Thursday, the appeals court ruled that the state must prove patients were actually impaired before convicting them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Colorado

As of next Sunday, caregiver plant limits will drop dramatically. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Kansas

On Tuesday, a federal judge threw out a medical marijuana mom's lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Oregon

As of this coming Sunday, dispensaries will go back to selling only to patients. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Pennsylvania

Last Wednesday, regulators announced an initial round of planned dispensary permits. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

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

Chronicle AM: CO Caregiver Plant Limit to Drop Big-Time Next Week, Aussie Poll Has Pro-Pot Plurality, More... (12/27/16)

Colorado caregivers will have to dramatically trim their gardens beginning January 1, Kansas medical marijuana mom Shona Banda has a federal lawsuit thrown out, Australian public opinion is shifting in favor of marijuana legalization, and more.

Kansas medical marijuana mom Shona Banda's federal lawsuit got tossed.
Medical Marijuana

Colorado Caregiver Plant Limits Shrink Dramatically As of Next Week. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Federal Judge Throws Out Kansas Medical Marijuana Mom's Lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Heroin and Prescription Opioids

Top Maine Republican Wants Single Committee to Handle Opioid Crisis. Assistant House Minority Leader Ellie Espling (R-New Gloucester) is calling for a single committee to handle bills addressing the state's opioid problem. Drug policy current is handled by three main committees -- Health and Human Services, Judiciary, and Criminal Justice and Public Safety -- but Espling said she doesn't want solutions placed in "silos." But neither the Democratic House leadership nor the Republican Senate leadership has signed on to her idea.

International

Poll: More Australians Now Favor Pot Legalization Than Don't. According to data from the Australian National University, 43% of Australians polled support marijuana legalization, with 32% opposed, and the rest undecided. Support is up nine points since 2013, when only 34% favored legalization and 44% were opposed.

A Possession Arrest Every 25 Seconds: The Cruel Folly of the War on Drugs [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Nearly a half century after Richard Nixon inaugurated the modern war on drugs, to criticize it as a failure as so common as to be banal. Yet even as marijuana prohibition falls in some states, the drug war rolls on, an assembly line of criminalization and incarceration, dealing devastating blows to the lives of its victims that linger far beyond the jail or prison cell.

More than 1.25 million arrests for simple drug possession last year. (Creative Commons)
And most of its victims are not capos or kingpins, but simple drug users. According to a new report from Human Rights Watch (HRW) and the American Civil Liberties Union (ACLU), drug possession is the single offense for which the largest number of arrests are made in the US, totaling more than 1.25 million last year, and accounting for more than three-fourths of all drug arrests.

Based on analysis of national and state-level data, as well as more than 360 interviews with drug offenders, family members, past and present government officials, and activists conducted mostly in Texas, Florida, Louisiana, and New York, the 196-page report, "Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States," finds that enforcement of drug possession laws causes extensive and unjustifiable harm to individuals and communities across the country.

The long-term consequences can separate families; exclude people from job opportunities, welfare assistance, public housing, and voting; and expose them to discrimination and stigma for a lifetime. While more people are arrested for simple drug possession in the US than for any other crime, mainstream discussions of criminal justice reform rarely question whether drug use should be criminalized at all.

"Every 25 seconds someone is funneled into the criminal justice system, accused of nothing more than possessing drugs for personal use," said Tess Borden, Aryeh Neier Fellow at Human Rights Watch and the ACLU and the report's author. "These wide-scale arrests have destroyed countless lives while doing nothing to help people who struggle with dependence."

Among those interviewed was for the study was Corey, who is doing 17 years in Louisiana for possessing a half ounce of marijuana. His four-year-old daughter, who has never seen him outside prison, thinks she's visiting him at work.

The harmful consequences of a drug arrest extend far beyond prison walls (ussupremecourt.gov)
Another is "Neal," whose name was changed to protect his privacy. Also in Louisiana, he's doing five years for possessing 0.2 grams of crack cocaine. He has a rare autoimmune disorder and said he cried the day he pleaded guilty because he knew he might not survive his sentence.

Then there's Nicole, held for months in the Harris County Jail in Houston and separated from her three young children until she pleaded guilty to a felony -- her first. The conviction meant she would lose her student financial aid, the food stamps she relied on to feed her kids, and the job opportunities she would need to survive. All for an empty baggie containing a tiny bit of heroin residue.

"While families, friends, and neighbors understandably want government to take action to prevent the potential harm caused by drug use, criminalization is not the answer," Borden said. "Locking people up for using drugs causes tremendous harm, while doing nothing to help those who need and want treatment."

The report also emphasized the now all-too-familiar racial disparities in drug law enforcement, noting that while blacks use drugs at similar or lower rates than whites, they're more than two-and-a-half times more likely to arrested for drug possession and more than four time more likely to be arrested for pot possession. It's even worse in some localities, such as Manhattan, where blacks are 11 times as likely to be busted for drug possession as whites. That amounts to "racial discrimination under international human rights law," the two groups said.

Aside from the vicious cruelty of imprisoning people for years or decades merely for possessing a substance, that drug conviction -- and drug possession, even of tiny amounts, is a felony in 42 states -- also haunts their futures. Drug convicts face the loss of access to social welfare benefits, the stigma of criminality, the disruption of family life, the financial burden of paying fines and fees, and the burden of trying to find work with a felony record. And that harms society at large as well as the criminalized drug users.

And despite tens of millions of drug arrests over the past few decades, with all their collateral damage, the war on drugs doesn't achieve its avowed goal: reducing drug use. There has to be a better way, and Human Rights Watch and the ACLU have something to say about that.

report launch at National Press Club, Washington, DC, 10/12/16
"State legislatures and the US Congress should decriminalize personal use and possession of all drugs. Federal and state governments should invest resources in programs to decrease the risks associated with drug use and provide and support voluntary treatment options for people struggling with drug dependence, along with other approaches," the two groups recommended.

"Until full decriminalization is achieved, officials at all levels of government should minimize and mitigate the harmful consequences of current laws and practices," they added, providing detailed recommendations to state legislatures, police, prosecutors, and other state and local government entities, as well as the federal government.

"Criminalizing personal drug use is a colossal waste of lives and resources," Borden said. "If governments are serious about addressing problematic drug use, they need to end the current revolving door of drug possession arrests, and focus on effective health strategies instead."

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