Marijuana -- Personal Use

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Chronicle AM: AK OKs Pot Social Clubs, Vancouver Ponders "Safe Supply" of Hard Drugs, More... (12/21/18)

Vancouver ponders another cutting-edge drug policy move, Alaska okays on-site pot consumption space rules, the president signs the farm bill legalizing hemp, and more.

From Amsterdam to Alaska? Dutch-style on-site consumption spaces win approval in Juneau. (Creative Commons)
Marijuana Policy

Alaska Approves Rules for On-Site Marijuana Consumption. The state's Marijuana Control Board on Thursday approved rules for businesses that want to offer on-site consumption of pot products. Now, businesses that want in will have to apply for a special onsite use endorsement and come up with plans for meeting ventilation and other standards for on-site use. This makes Alaska the first state to develop a regulatory framework for on-site use at the state level.

Medical Marijuana

FDA Begins Process of Allowing Hemp-Based CBD Products. After President Trump signed the 2018 farm bill into law Thursday, the Food and Drug Administration (FDA) issued a press release pledging to pursue means of allowing businesses to legally market products containing hemp or non-psychoactive cannabinoids, such as CBD. FDA also asserted its right to regulate such products. "In view of the proliferation of products containing cannabis or cannabis-derived substances, the FDA will advance new steps to better define our public health obligations in this area," FDA Commissioner Scott Gottlieb said. "We'll also continue to closely scrutinize products that could pose risks to consumers."

Industrial Hemp

Trump Signs Farm Bill, Final Step to Making Hemp Legal. President Trump signed the 2018 farm bill into law Thursday, the final step in the legalization of hemp. The hemp provision of the farm bill, championed by Senate Majority Leader Mitch McConnell (R-KY), received bipartisan support and now ends a ban going back more than seven decades.

Drug Testing

Federal Appeals Court Upholds Florida School District's Suspicionless Drug Testing of Substitute Teachers. A three-judge panel of the 11th US Circuit Court of Appeals has rejected a constitutional challenge to the Palm Beach County School Board's policy requiring substitute teachers to undergo suspicionless drug testing. Federal courts have generally held drug testing to be a search under the Fourth Amendment and barred drug testing by government entities, but have carved out exceptions for students, people involved in safety-sensitive positions, and law enforcement personnel. Although this case doesn't appear to fall into any of those categories, the appeals court nonetheless ruled in the district's favor. "We think that the School Board has a sufficiently compelling interest in screening its prospective teachers to justify this invasion of the privacy rights of job applicants, and thus conclude that the School Board has not violated the constitutional mandate barring unreasonable searches and seizures," said the 54-page opinion, written by Judge Stanley Marcus and joined by Chief Judge Ed Carnes and Judge David Ebel. "As we see it, ensuring the safety of millions of schoolchildren in the mandatory supervision and care of the state, and ensuring and impressing a drug-free environment in our classrooms, are compelling concerns."

International

Vancouver Looks to Pioneer "Safe Supply" for Hard Drug Users. The city council met Thursday to discuss the Mayor's Overdose Emergency Task Force report and how and whether to implement its 23 specific recommendations for action. One key recommendation is to find a location in or near the epicenter of the city's Downtown Eastside hard drug scene for "a clinical space where we could evaluate and enroll people" for a "low-barrier dispersal program for pharmaceutical opioids." Supporters are using the phrase "safe supply" to describe the concept aimed at reducing skyrocketing overdose deaths linked to illicit fentanyl.

Chronicle AM: NYC Mayor Backs Legal Weed, Report Chides DEA & Drug Companies on WV Opioids, More... (12/20/18)

A report from congressional Democrats explores the economic benefits of marijuana legalization, a report from the House Energy and Commerce Committee scolds the DEA and drug distributors over massive shipments of opioids to West Virginia, New York City Mayor Bill De Blasio climbs on board the legalization bandwagon, and more.

Marijuana Policy

Congressional Democrats Release Report On Marijuana Legalization's Economic Benefits. Democratic members of the congressional Joint Economic Committee released a report Tuesday emphasizing the economic benefits legal marijuana can bring at both the state and federal levels. The report is The National Cannabis Economy, and it predicts marijuana sales revenues will jump from $8 billion last year to $23 billion by 2022. "It's time we legalize marijuana, but at the minimum, we must reduce the conflicts between federal and state laws so that the industry can continue to create jobs and bolster state economies," Senator Martin Heinrich, (D-NM), the ranking member of the panel, said in a press release. "This conflict hurts small businesses and constrains the economic benefits of legal cannabis -- an industry that is estimated to reach $11 billion in sales this year and $23 billion by 2022. But in order to realize the benefits, we must act on legislation such as the STATES Act to help these businesses thrive."

West Hollywood, California, Approves Cannabis Cafes, Consumption Lounges. The city announced Wednesday that it had approved licenses for eight edibles-only consumption cafes an eight consumption lounges where marijuana can be smoked, vaped, drunk, or eaten. The businesses now have a year to obtain a West Hollywood business license and a place to operate. The move could nearly double the number of consumption lounges nationwide: there are seven such facilities in San Francisco, one in Oakland, and one in Denver.

New York City Mayor Backs Marijuana Legalization. Just days after Gov. Andrew Cuomo (D) said he wants to legalize marijuana next year, New York City Mayor Bill De Blasio hopped on board the legal pot train, saying it represents "a once-in-a-generation opportunity to get a historic issue right for future New Yorkers." De Blasio's remarks came as the Mayor's Task Force on Cannabis Legalization released a report recommending that the city tax sales, automatically expunge old pot possession offenses, and work to ensure "diverse participants" get a shot in the legal industry.

Brooklyn, New York, District Attorney Throws Out Hundreds of Old Pot Convictions. Brooklyn DA Eric Gonzales appeared in court Wednesday to vacate outstanding warrants related to low-level pot offenses, as well as expunging past misdemeanor pot convictions. "To fail to address these past convictions would be hypocritical and it would be to turn a blind eye on all the harm caused by marijuana enforcement in prior years," Gonzalez said.

Pennsylvania Governor Suggests He Could Get Behind Marijuana Legalization. Gov. Tom Wolf (D) said Wednesday that it's time for the state to consider legalizing marijuana. "More and more states are successfully implementing marijuana legalization," he noted, adding that it's time for "a serious look" at doing it. The statements mark a change of heart for Wolf, who previously had shied away from legalization talk.

Medical Marijuana

Florida Legal Battle Over Medical Marijuana Takes Another Turn. A state appeals court this week agreed to stay a circuit court judge's ruling that the legislature and the Department of Health violated the state's voter-approved medical marijuana amendment. The ruling comes in a case involving a Tampa marijuana grower, which challenged caps placed on the number of medical marijuana licensees. While the 1st District Appeals Court approved the stay, it also said its final decision on the case would be "expedited."

Heroin and Prescription Opioids

Congressional Report Scolds DEA, Drug Distributors on Flood of Opioids to West Virginia. Massive shipments of prescription opioids to West Virginia -- 20.8 million pounds opioids sent to one town of 3,000 over a ten-year period, for example -- reflect failures by the DEA and drug distribution companies to conduct effective oversight of their customers and failures to recognize obvious red flags, a bipartisan report from the House Energy and Commerce Committee found. These lapses helped make the state "the epicenter of the nation's opioid epidemic and the state with the highest drug overdose death rate in the country," the report said. And it's not just West Virginia: "Taken all together, the Committee's report outlines a series of missteps and missed opportunities that contributed to the worsening of the opioid epidemic in West Virginia," the report said. "While focused on a narrow part of West Virginia, the report raises grave concerns about practices by the distributors and the DEA nationwide."

The Year in Drugs I: The Top Domestic Drug Policy Stories of 2018 [FEATURE]

This is a year that just about everybody is eager to see come to an end, but when it comes to drug policy, 2018 hasn't been half-bad, at least in the US. (Check back next week for our Top International Drug Policy Stories.)

We've seen marijuana legalization spread further, we're on the verge of seeing Congress pass major sentencing reform legislation, and the ban on domestic hemp cultivation is coming to an end, among other things.

A lot went on in drug policy in 2018. Here are eight stories that helped define the year:

1. Overdose Deaths Remain Unconscionably High But Appear to Have Leveled Off

That's enough fentanyl to kill you. It killed thousands this year. (dea.gov)
The nation's fatal drug overdose crisis is far from over, but it now looks like it at least didn't get any worse this year. Driven in large part by the rise of fentanyl, overdose deaths reached a stunning 72,000 in 2017, a figure ten times the number in 1980 and double that of only a decade ago.

But preliminary reports on the 2018 overdose numbers suggest that this may be the year the crisis began to ease. In June, the Centers for Disease Control and Prevention released provisional data showing that overdose deaths had declined for six straight months, dropping 2.8 percent from their 2017 peak. That report also found that opioid overdose deaths had declined by 2.3 percent.

With both heroin and prescription opioid deaths declining, fentanyl has emerged as the most common drug involved in overdoses, being implicated in about a quarter of all drug overdose deaths. While the apparent decline in opioid overdose deaths this year is good news, the recent increases in cocaine and methamphetamine overdose deaths is not. And while any break in a years-long climb in overdose deaths is certainly welcome, another 70,000 or so Americans will still have died from them this year. We have a long, long way to go.

2. Safe Injection Sites Draw Nearer, But Feds Fire Warning Shots

Safe injection sites -- also known as supervised consumption sites, among other names -- where drug users can consume their doses under medical supervision and with an opportunity to engage with social services are a proven harm reduction intervention. More than a hundred cities around the world, mainly in Europe, Canada, and Australia have resorted to such facilities as a means of providing better outcomes, not only for drug users but also for the communities in which they live.

There are no legally permitted safe injection sites in the United States (although some underground ones are reportedly operating in Seattle, and there may be more in hiding), but this year saw mounting pressure and serious efforts to get them up and running in a number of American states and cities. It also saw mounting resistance from federal officials.

At the state level, California, Colorado, Missouri, and New York all saw safe injection site bills filed. Only the bill in California made it out of the legislature, but to the great frustration of reformers, it was vetoed by Gov. Jerry Brown (D), who cited long outdated beliefs about substance use in his veto message. Still, the fact that bills are being filed shows the issue is gaining momentum.

The momentum is even stronger among a handful of major cities. Denver, New York City, Philadelphia, and Seattle have all taken steps to clear the way for safe injection sites this year, although none are yet in place.

While like California's Gov. Brown, some state and local level political figures are hesitant to embrace them, a major reason none is yet in place is federal hostility. As the clamor for the facilities grows louder, so does opposition from the Trump administration. As Denver publicly pondered opening one, the local DEA and the US Attorney loudly warned they would be illegal, and the Philadelphia US Attorney did the same thing. Early in the year, the DEA in Washington issued a warning against safe injection sites, and in August, Deputy Attorney General Rod Rosenstein authored an op-ed in the New York Times issuing similar dire threats.

3. A Major Federal Sentencing Reform Bill Is Set to Pass

A rare example of bipartisanship on the Hill. (Creative Commons)
The first major federal sentencing reform bill in eight years is now one vote away from passing Congress. The bill, known as the First Step Act (S.3649), is the culmination of years of work by the likes of Senate Judiciary Committee Chairman Charles Grassley (R-IA) and Sen. Dick Durbin (D-IL), and includes prison reform language as well as provisions that would reduce sentences for certain drug offenses. It very nearly died earlier this month when Senate Majority Leader Mitch McConnell (R-KY) announced he would not bring it to a Senate floor vote, but under broad pressure, including from President Trump, McConnell relented, and the bill passed the Senate Tuesday

The sentencing reforms include retroactivity for the Fair Sentencing Act (the 2010 law that reduced the crack/powder cocaine sentencing disparity), allowing the potential release of around 2,600 people; expansion of the "safety valve" allowing judges more discretion to sentence beneath mandatory minimum sentences; reform of the "three strikes" law, reducing the "second strike" mandatory minimum of 20 years to 15 years, and reducing the "third strike" mandatory minimum of life-in-prison to 25 years.

The late word is that the bill will pass the House easily, but that hasn't happened as of this writing. If and when it does, the country will have taken a significant step toward a more just and humane federal criminal justice system. The passage has also drawn major media attention as a rare example of bipartisanship in Washington today.

4. Marijuana Legalization Advances in the States

At the beginning of the year, marijuana for adult recreational use was legal in eight states, all in the West or New England and all thanks to the initiative process. As 2018 comes to a close, that number has jumped to ten, with Vermont in January becoming the first state to legalize it through the legislature and Michigan in November becoming the first Midwest state to legalize it.

The initiative process is available in only half the states, and when it comes to legalizing weed, the low-hanging fruit has already been picked. A legalization initiative in conservative Nebraska went down to defeat this year, and remaining initiative states like the Dakotas, Nebraska, Oklahoma, and Arkansas are among the most socially conservative and least likely to free the weed. But prospects are rosier in initiative states Arizona, Missouri, and Ohio. We are likely to see pot on the ballot in all three in 2020.

Vermont remains the sole state to legalize it legislatively, but a handful of states edged ever closer close this year. New Jersey Gov. Phil Murphy (D) wanted pot legalized in his first 100 days. That didn't happen, and legalization hasn't gotten through the legislature yet, but there is a small chance it could still happen this year and a very good chance it will be a done deal by early next year. Legislatures throughout the Mid-Atlantic states and Northeast grappled with the issue, laying the groundwork for next year and the year beyond, and just this week, New York Gov. Andrew Cuomo (D) called for legalization next year. The long march continues.

5. Marijuana Is Still Federally Illegal, But the Crackdown Never Came

As the year comes to end, legal weed is still here and Jeff Sessions isn't. President Trump's first attorney general was an avowed foe of marijuana (as well as drug and criminal justice reform in general), but despite rescinding the Obama-era Cole memo, which basically told federal prosecutors to leave state law-abiding pot businesses alone, the much-feared crackdown on the industry never came.

Federal prosecutors, for the most part, continue to view legal marijuana businesses as a low priority, especially when faced with much more serious drug problems, such as the opioid overdose epidemic. But Sessions was also undercut by his own boss, who in April arranged a deal with Colorado Republican Sen. Cory Gardner in which he agreed to support a bill protecting states that have broken with federal pot prohibition in return for Gardner's allowing Justice department appointments to move forward.

This year saw a plethora of federal marijuana reform bills, but with Republican leadership in both houses firmly opposed, the Capitol was where marijuana reform went to die. With Democrats in control of the House next year, things promise to be different next year, although the GOP-led Senate will remain an obstacle. But with pot consistently polling in the 60s, those Republican senators may grudgingly start coming on board.

6. Marijuana Legalization is Nice, But We Need Social Justice, Too

This year saw social justice concerns around marijuana legalization move front and center in two distinct ways: demands for the expungement of marijuana arrest records for people whose offenses are no longer crimes and demands for restorative racial justice from communities that have suffered the brunt of the war on drugs.

The year started with two major West Coast cities, San Francisco and Seattle, leading the way on expungement. The, in September, California became the first state to put state-level automatic expungement into effect. Delaware and Rhode Island, which have both decriminalized but not legalized pot, also passed expungement bills this year. Expungement is also a contentious issue in the ongoing battle to get legalization passed in New Jersey.

After a half-dozen years of legalization and well-heeled white guys making bank off legal weed, the call for racial justice, whether in terms of set-asides to guarantee minority participation in the industry or for funding streams aimed at restoring drug war-ravaged communities, is growing too loud to be ignored. This is an ongoing struggle now being played out not only in pot-legal states, but especially in states on the cusp of legalization. Moving forward, it's likely that every successful state legalization bill is going to have to address issues of social and racial justice. As they should.

7. Industrial Hemp Becomes Federally Legal

The sun rises on the American domestic hemp industry. (votehemp.org)
Finally, the absolutely most ridiculous aspect of federal marijuana prohibition is dead. Recreational marijuana's country cousin, hemp can't get anyone high, but is extremely useful in a broad range of industries, from foods to textiles and beyond. Thanks to a lawsuit from hemp interests more than a decade ago, hemp could be imported for American firms to use in their products, but because the DEA refused to recognize any distinction between hemp and recreational marijuana, American farmers were forced to stand on the sidelines as their competitors in China, Canada, and other countries raked in the rewards.

But having a hemp-friendly senator from a hemp-friendly state allowed hemp legalization to move this year. Senate Majority Leader Mitch McConnell (R-KY) actually fought for the hemp bill, shepherding it into the must-pass farm appropriations bill and keeping it in there through negotiations with the House. President Trump has signed the farm bill, including the hemp provision, into law.

8. Here Come the 'Shrooms

Initiative campaigns to legalize or decriminalize the use and possession of psilocybin-containing magic mushrooms began popping up in 2018. Actually, the first state-level initiative came last year in California, but this past summer it failed to qualify for the fall ballot.

Right now, there are two psilocybin initiatives in the signature-gathering phase, a municipal initiative in Denver that would decriminalize the use, possession, and cultivation of psilocybin-containing mushrooms, and the statewide Oregon Psilocybin Service Initiative, which would decriminalize possession of psilocybin, allow magic mushrooms to be grown with a license, and would allow for therapeutic use of psilocybin. The Denver initiative would go before voters in May 2019, while the Oregon initiative aims at the 2020 election.

If psilocybin initiatives follow the pattern set by marijuana legalization initiatives, the first time may not be the charm. But more will follow.

Chronicle AM: Federal Sentencing Bill Moving, No NJ Legalization This Year, More... (12/18/18)

The Senate is finally taking up the prison and sentencing reform bill, New Jersey's legalization push is stalled until next year, New Zealand is set to vote on legalizing marijuana in 2020, and more.

Things are getting busy at the Capitol in the last days of the congressional session. (Creative Commons)
Marijuana Policy

Colorado Senator Proposes States' Rights Amendment to Criminal Justice Reform Bill. Sen. Cory Gardner (R-CO) on Monday filed an amendment to the First Step Act (S.3649) that would incorporate some of the protections for state-legal marijuana that he has proposed in his own STATES Act (S.3032). The amendment's prospects aren't rosy, though: It will take unanimous consent to get the amendment considered, meaning an objection from a single senator can kill it.

New Jersey Legalization Bill Delayed Until Next Year. With the final voting day of the legislative session yesterday and no action on marijuana, marijuana legalization is now delayed until next year. Senate President Steven Sweeney (D-Glouchester) said legislators were unable to reach agreement with Gov. Phil Murphy (D) on how and how much to tax it, so they'll be back to work on in January.

Medical Marijuana

Pennsylvania Issues Permits for Phase II Medical Marijuana Dispensaries. The Department of Health Tuesday issued 23 dispensary permits for Phase II of the medical marijuana program. The permittees will now have six months in which to become operational before they can begin dispensing medical marijuana. "The permitting of these locations as part of Phase II of the medical marijuana program will ensure more people have access to medical marijuana close to home," Secretary of Health Dr. Rachel Levine said. "Medical marijuana is an essential form of treatment for Pennsylvanians suffering from one of 21 serious medical conditions. This step continues the growth of our scientific, medically-based medical marijuana program."

Sentencing Reform

Senate Ends Debate on First Step Act, Final Senate Vote Pending. The Senate voted 82-12 Monday to end debate on the prison and sentencing bill, the First Step Act (S.3649), paving the way for a final Senate vote as early as today. Twelve Republicans voted against advancing the legislation despite President Trump endorsing the bill in November: Before the final vote, though, the Senate will take up a number of amendments, including one from conservative Sens. Tom Cotton (R-AR) and John Kennedy (R-AL) that Democrats who favor the bill describe it as a "poison pill."

International

New Zealand Says Voters Will Decide Whether Cannabis Is Legalized. Justice Minister Andrew Little has announced that New Zealanders will vote in a binding referendum in 2020 on whether to legalize marijuana. That would make the country the first to put legalization to a nationwide vote. The latest polls on legalization have support at 46% with 41% opposed, but one analyst said the trend was moving "toward liberalization."

Chronicle AM: NY Gov Wants Legal Marijuana in 2019, UT Offenders' Drug Treatment Report, More... (12/17/18)

The governors of New Hampshire and New York have very different views on marijuana legalization, New Jersey doubles the number of dispensaries, a new report examines drug treatment for criminal offenders in Utah, and more.

New York Gov. Andrew Cuomo now says free the weed. (Creative Commons)
Marijuana Policy

Michigan Bill to Ban Marijuana Home Grows Defeated. A bid by the outgoing Republican Senate to undo the will of the voters by amending the state's new marijuana legalization law to ban home cultivation has failed by failing to obtain a supermajority. The bill sponsored by Senate Majority Leader Arlan Meekhof (R-Grand Rapids) needed three-quarters of the vote to pass. Meekhof is sad now: "I'm very disappointed. I knew it would be a heavy lift," he said. "What we're going to be allowing to happen is going to make our society less safe," he complained without explaining how or why.

New Hampshire Governor Rails Against Legalization. Gov. Chris Sununu (R) isn't exactly climbing on the marijuana bandwagon. In remarks over the weekend, he said preventing legalization would be one of the biggest fights for his administration, and that he would "absolutely" veto any legalization bill "regardless of what the language looks like." Still, he was cognizant that the trends aren't on his side. "But then there's a good chance that veto could get overruled," he conceded.

New York Governor Calls for Legalization in 2019. In a Monday speech outlining his 2019 agenda, Gov. Andrew Cuomo (D) called for freeing the weed. "Let's legalize the adult use of recreational marijuana, once and for all," Cuomo said. He is also reportedly exploring whether to make expungement part of the push.

Medical Marijuana

New Jersey Just Approved Six More Dispensaries. The state Department of Health on Monday effectively doubled the size of its medical marijuana program by approving six additional dispensaries. There are only six in the state right now. Click on the link to see the list.

Drug Treatment

Utah Report on Treating People in the Criminal Justice System. The Utah Foundation has released Rethinking Rehabilitation: Improving Outcomes for Drug-Addicted Offenders in Utah. The report explains efforts to address addiction within the context of the justice system in Utah and explores alternative approaches for people struggling with substance use disorders. It also sets forth policy guidance for future action. Among the report's key findings are that efforts to reduce the state prison population appear to be bearing fruit. However, the populations of local jails in Utah are rising, and local facilities often lack the drug treatment programs found in state prisons. Another key finding is that investments in drug rehabilitation for offenders can yield significant savings to taxpayers in the long run.

Chronicle AM: NJ Legalization Delayed, NM Court Rejects Albuquerque Car Seizures, More.. (12/14/18)

A national coalition of civil rights, labor, and civic groups calls for descheduling marijuana; New Jersey isn't quite there yet, France takes a step toward allowing medical marijuana, and more.

still waiting for Garden State marijuana legalization (Creative Commons)
Marijuana Policy

National Coalition Calls for Marijuana to Be Descheduled. A coalition of civil rights groups, labor unions, and other groups is calling not only for Congress to deschedule marijuana but also for it to ensure that communities most harmed by pot prohibition see benefits. The coalition includes AARP, the AFL-CIO, and the League of Women Voters. "Pass legislation de-scheduling marijuana with racial equity and justice reform components," the Leadership Conference on Civil and Human Rights said in a letter outlining priorities for the coalition in the 116th Congress that begins in January.

New Jersey Legalization May Not Happen Until Next Year. Senate President Steve Sweeney and Assembly Speaker Craig Coughlin met with Gov. Phil Murphy (D) Thursday for a closed-door meeting to discuss marijuana legalization but made no decision. The lawmakers now say a vote may not take place until next year, even though Murphy wanted it in the first 90 days of his term.

Asset Forfeiture

New Mexico Appeals Court Rules Against Albuquerque Asset Forfeiture Law. The state Court of Appeals has ruled that Albuquerque's municipal vehicle seizure program is not only pre-empted by the state's law governing seizures, it "completely contradicts it." The city can only seize vehicles after a criminal conviction, the court held. "While the language of the NMFA does not prohibit municipalities from enacting and enforcing criminal forfeiture proceedings, it restricts forfeiture to criminal proceedings, and imposes specific requirements on any criminal forfeiture proceedings that must comport with… the NMFA."

International

France Moves Toward Allowing Medical Marijuana. A government-appointed committee has given initial approval for the use of medical marijuana. The Agency for Drug Safety has concluded that it is "relevant to authorize the use of cannabis for therapeutic purposes for patients in certain clinical situations." If a patient is receiving insufficient relief from current therapeutics, cannabis represents a viable alternative, the committee decided.It said people with chronic pain, cancer patients, epilepsy, and multiple sclerosis sufferers and patients in palliative care could all benefit from cannabis use.

Chronicle AM: Congress Passes Hemp Bill, CDC Report on Overdose Deaths, More... (12/13/18)

Congress has passed a bill to legalize hemp, the CDC issues a new report on overdose deaths, St. Vincent and the Grenadines legalizes medical marijuana, and more.

Fentanyl is now the leading drug implicated in overdose deaths, according to the CDC. (Creative Commons)
Marijuana Policy

Colorado Senator Seeks to Add Marijuana Amendment to Criminal Justice Bill. Sen. Cory Gardner (R-CO) will try to add an amendment to the pending prison and sentencing reform bill that would effectively end federal marijuana prohibition. Gardner seeks to add his STATES Act (S.3032) as the amendment. That would allow states to implement their own pot laws without fear of federal interference.

California Regulators Issue Final Version of Regulations. California marijuana regulations are now set after regulators issued their third and final version of the rules. Among the highlights: Deliveries will be allowed statewide, contract manufacturing will be allowed (licensed companies make and package products for unlicensed companies), and regulations for childproof packaging have changed to place the burden on retailers.

St. Paul City Council Backs Resolution To Legalize Recreational Marijuana. Minnesota's second largest city now officially supports marijuana legalization. The city council voted 6-1 Wednesday to support a resolution calling for it. Governor-Elect Tim Walz (DFL) is also down with the idea.

Medical Marijuana

Nebraska Medical Marijuana Initiative Campaign Gets Underway. Two state senators, Anna Wishart, and Adam Morfeld, both Democrats from Lincoln, announced Thursday that they had created a campaign committee to put a medical marijuana constitutional amendment on the 2020 ballot. The committee is Nebraskans for Sensible Marijuana Laws.

Industrial Hemp

Congress Approves Industrial Hemp Legalization. Hemp, hemp, hooray! With a final vote in the House on Wednesday, the 2018 Farm Bill, complete with a provision legalizing domestic hemp production, was approved by Congress and now heads for the president's desk. The bill clears the way for American farmers to participate in what is already a billion-dollar domestic hemp industry that is currently reliant on foreign imports.

Opioids

Fentanyl Now the Most Common Drug in Fatal Overdoses, CDC Reports. Fentanyl is now the most commonly used drug involved in drug overdoses, according to a new report from the Centers for Disease Control and Prevention. Fentanyl was involved in more than 30,000 overdose deaths, while second place heroin was implicated in more than 27,000 deaths. There were some 63,000 overdose deaths in 2016, many of them involving multiple substances.

International

Saint Vincent and the Grenadines Pass Medicinal Marijuana Bill. Saint Vincent and the Grenadines (SVG) has become the first Organization of Eastern Caribbean States Member State to decriminalize marijuana for medical purposes and scientific research. "There is broad recognition and buy-in of the economic benefits this tightly controlled and regulated industry is expected to bring in terms of direct employment, the creation of support industries and foreign investment," said Agriculture Minister Saboto Ceaser.

Chronicle AM: Senate Approves Legal Hemp, NJ ACLU Asset Forfeiture Abuse Report, More... (12/12/18)

Industrial hemp takes a big step toward legalization, New York's governor is planning on legalizing weed next year, the ACLU of New Jersey has a disturbing new report out on civil asset forfeiture, and more.

The sun is rising on a new American hemp industry. (votehemp.org)
Marijuana Policy

New York Governor Readying Plan to Legalize Marijuana. Gov. Andrew Cuomo (D) will soon unveil a plan to legalize marijuana, his office said Tuesday. "The goal of this administration is to create a model program for regulated adult-use cannabis -- and the best way to do that is to ensure our final proposal captures the views of everyday New Yorkers," Cuomo spokesman Tyrone Stevens said. The proposal will come early next year, he added.

Medical Marijuana

Georgia Lawmakers Propose Hemp Farming, CBD Oil Distribution. Republican-led legislative committees are recommending that the state pass bills next year to allow hemp farming for CBD oil and the distribution of CBD. The state has had a law since 2015 allowing patients to use CBD, but state law still bars buying, selling, or transporting it. A separate proposal would allow for growing and selling THC oil containing less than 5% of the cannabinoid.

Industrial Hemp

Senate Approves Farm Bill With Hemp Provision Intact. The Senate on Tuesday approved the omnibus farm bill, including a provision to legalize industrial hemp. Senate and House agricultural committees had already reconciled their versions of the bill, so now it goes back to the House for final approval. In a late compromise, a lifetime ban on people with felony convictions from participating in the industry was reduced to a 10-year ban.

Asset Forfeiture

ACLU-NJ Report Reveals Abuse and Overuse of Civil Asset Forfeiture in New Jersey. A new report from the state ACLU finds disturbing racial disparities and other worrisome trends in local law enforcement's use of civil asset forfeiture. The report finds that these practices "disproportionately harm people of color." "The civil asset forfeiture system has proved prone to widespread abuse, but it's also ripe for sweeping reform," said ACLU-NJ Catalyst Fellow Liza Weisberg, who contributed to the report. "We see a path forward that can get us there."

International

UK Lawmakers Reject Marijuana Legalization In House Of Commons Vote. The House of Commons on Tuesday rejected a move to legalize marijuana on a vote of 66 to 52. The proposal was heard under parliament's "10-minute rule motion," which lets lawmakers conduct a brief debate before voting on whether to let the measure proceed. The proposal came from Liberal Democrat MP Norman Lamb, who said the government's recent move to ease access to medical marijuana didn't go far enough. "It is total hypocrisy that the most dangerous drug of all, in terms of harm to yourself and others, alcohol, is consumed in large quantities right here in our national Parliament, whilst we criminalize others for using a less dangerous drug -- with many using it for the relief of pain," Lamb said after the vote.

Chronicle AM: Fed Criminal Justice Bill Will Get Senate Vote, Hemp is in Farm Bill, More... (12/11/18)

Mitch McConnell changes course and okays a Senate vote on the First Step Act, McConnell ensures the hemp provision remains in the farm bill, a Moscow court ruling could run the city's only harm reduction NGO out of business, and more.

Mitch McConnell pushes hemp bill, okays sentencing reform (Flickr)
Marijuana Policy

Illinois Pot Conviction Expungement Bill Gets More Support. A bill filed by Rep. La Shawn Ford (D-Chicago) that would allow people to clear low-level marijuana convictions has picked up support from the legislative leadership. Assistant Majority Leader Kimberly Lightford (D-Chicago) announced last Friday that she was supporting the bill. The state decriminalized the possession of up to 10 grams in 2016, but that law didn't address those who had already been convicted of small-time possession.

Sentencing Reform

In Last Minute Switch, McConnell Says Reform Bill Will Get a Senate Vote. Senate Majority Leader Mitch McConnell (R-KY) said Tuesday that he will bring a prison and sentencing reform bill, S. 3649, to the Senate floor for a vote. "At the request of the president and following improvements to the legislation that has been secured by several members, the Senate will take up the recently revised criminal justice bill," McConnell said from the Senate floor. The move comes after McConnell just last week said there wasn't time to deal with the bill, and time remains a critical factor. The House earlier this year passed a prison reform bill that didn't include sentencing reforms, so if the bill passes the Senate, it will have to go back to the House for approval. This is by no means a done deal, but at least limited sentencing reform remains alive at this point.

Industrial Hemp

Final Version of Farm Bill Includes Hemp Provision. The omnibus farm bill set to be passed by the Senate this month includes the legalization of industrial hemp. That would allow US farmers to cultivate, process, and sell hemp. The hemp provision is being championed by Senate Majority Leader Mitch McConnell (R-KY). The bill had originally included a ban on people with felony drug convictions, but under a compromise, that ban would end after ten years.

International

New Zealand Legalizes Medical Marijuana. The government has approved a bill that will make medical marijuana widely available for thousands of patients over time but will at first be limited to terminally ill patients. The move comes ahead of a nationwide referendum on recreational marijuana sometimes in the next two years.

Moscow Court Imposes Punishing Fine on City's Sole Harm Reduction NGO. A Moscow court has ordered the Andrey Rylkov Foundation, the city's only harm reduction non-profit, to pay a fine of $10,000 for publishing what it called "drug propaganda." The foundation aroused the ire of the court by publishing safety advice about synthetic cathinones ("bath salts") in a drug users' newsletter. The advice didn't recommend taking those drugs but urged users to be careful if they did. The fine, which Amnesty International has described as "suffocating," could drive the foundation out of business if it can't come up with the funds to pay it by Christmas, leaving Moscow without a single harm reduction NGO.

Chronicle AM: Prospects Dim for First Step Act, UT MedMJ Advocates File Suit, More.... (12/7/18)

The surgeon general suggests it's time to revise federal drug schedules, the First Step Act is being held hostage by Mitch McConnell, Utah patient advocates sue to block a legislative gutting of the voter-approved medical marijuana law, and more.

A prison and sentencing reform bill is running out of time on Capitol Hill. Blame Mitch McConnell. (nadcp.org)
Marijuana Policy

Missouri Legalization Bill Filed. Rep. Brandon Ellington (D) has pre-filed House Bill 157, which would allow adults to possess up to two ounces of marijuana and grow up to six plants, with three plants flowering at one time. The bill does not create a system of taxed and regulated marijuana commerce.

Medical Marijuana

Utah Advocacy Groups Sue to Block Compromise Agreement on Medical Marijuana. A pair of patient advocacy groups filed suit Thursday to block a legislative agreement that supersedes the voter-approved medical marijuana initiative passed in November. The groups accuse the Mormon Church of unconstitutional interference in a process that led to the gutting of the measure approved by voters. The lawsuit seeks an injunction to set aside the revised medical marijuana law approved by the legislature and to keep the original version in the initiative.

Drug Testing

Wisconsin Lame Duck GOP Legislature Pushes Through Food Stamp Drug Testing. As part of the GOP-dominated legislature's effort to weaken the incoming Democratic governor and other state officials, the legislature passed a sweeping measure imposing restrictions on welfare recipients, including a requirement for drug screening and testing of people apply for food stamps. If outgoing Gov. Scott Walker (R) signs the bill, Wisconsin will be the first and only state that requires drug testing for many non-felon food stamp applicants.

Law Enforcement

Surgeon General Says Federal Drug Classification Scheme Needs Changes. The country's drug classification needs an overhaul, but that doesn't mean drugs should simply be decriminalized, US Surgeon General Jerome Adams said Thursday. "Our scheduling system is functioning, but not as ideally as it could," he said of the federal schedule for controlled substances maintained by the Drug Enforcement Administration and the Food and Drug Administration. "Things aren't static. We have to continue to evolve. Just as we need to look at our criminal justice laws, we need to look at our health laws and regulations, and that includes the scheduling system," Adams said.

Sentencing Reform

The Door is Closing on the Federal Prison and Sentencing Reform Bill. Prospects for passage of the First Step Act (S. 3649) grow dimmer as the clock ticks down on the end of the congressional session later this month. Senate Majority Leader Mitch McConnell hasn't made it official, but he has told Republicans there is almost no time left to take up the bill, and Senate Republicans left town Thursday afternoon without taking up the topic at two party lunches this week. "Each passing day they get less," said Sen. Rand Paul (R-KY) of the bill's chances. "We're still lobbying Sen. McConnell. He has all the power to allow it or not allow it."

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