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Chronicle AM: Call to End New Medicaid Work Requirement, Israeli Pot Decrim Advance, More... (2/20/18)

Public health, mental health, and drug reform groups call for an end to a new policy requiring Medicaid recipients to work, a key congressional Democrat calls for a progress report from Trump's opioid commission, Israeli marijuana decriminalization crosses a major hurdle, and more.

Marijuana Policy

California Bill Would Bar Pot Shops From Selling Customer Data to Third Parties. Assemblyman Evan Low (D-San Jose) has filed Assembly Bill 2402, which would ban retail marijuana shops from selling customer data to third-party vendors without the customer’s consent."The focus of this piece of legislation is around privacy," Low said. "So, while now cannabis is legal in California, there are many individuals who want to make sure that cannabis and their use of cannabis is not made public for many reasons. If you shop at retail stores, you magically start to get emails and snail mail from other similarly focused retail stores," Low added. "And so we wanted to make sure that we don’t do that with cannabis without consent."

Maryland Legalization Constitutional Amendment Gets Hearing Today. The Senate Judicial Proceedings Committee held a hearing today on House Bill 1264, which, if approved, would set up a statewide referendum on marijuana legalization. The House bill was filed by Delegate David Moon (D-Takoma Park); the Senate version is sponsored by Sen. Bob Zirkin (D-Baltimore County), who heads the Senate committee hearing the bill.

Massachusetts Lawmaker Blasts Some Draft Regs. State Rep. Mark Cusack (D-Braintree), who helped write the state's legalization implementation law, has criticized the Cannabis Control Commission and some of its proposed draft regulations. He wrote to the commission saying he has "grave concerns" over draft regulations around social consumption, local control, and licensing for delivery services and micro-businesses. The local control regulations ignore state law requiring localities to first seek voter approval, he said. He also lambasted proposals for on-site consumption, saying a new referendum would have to be passed. Voters legalized marijuana in the state nearly 15 months ago now.

Medical Marijuana

Michigan Judge Strikes Down Detroit Medical Marijuana Initiative. A Wayne County circuit court judge last Friday overturned a voter-approved initiative that would have relaxed restrictive local controls on medical marijuana businesses in the city. Proposal B would have allowed pot shops and processing businesses in all business and industrial districts, including downtown and Midtown. The judge cited state court precedent that zoning questions could not be decided by voter initiatives.

Industrial Hemp

Alaska House Passes Hemp Bill. The House on Monday approved Senate Bill 6, which legalizes industrial hemp and establishes a pilot program for its growth and production. The Senate has already approved the bill, but since the House amended the bill, it now goes back to the Senate for a final concurrence vote.

Drug Testing

Massachusetts Lab Forfeits $1 Million for Unnecessary Drug Tests. State Attorney General Martha Healey (D) announced last Friday that Precision Testing Laboratories, Inc. will forfeit more than a million dollars to settle claims it billed for medically unnecessary drug tests. It paid $400,000 to Massachusetts and will pay more than $650,000 to Connecticut. The lab will also be barred from participating in the two states' Medicaid programs for the next 10 years. The company had promoted itself as providing urine drug testing services to people in recovery, but that it used very expensive drug tests and "aggressively marketed an expensive and unnecessarily complex drug testing package to sober houses, despite the fact that they knew that the tests were for residential sobriety monitoring, a violation of MassHealth regulations."

Missouri Bill Would Criminalize Synthetic Urine. State Rep. Nate Tate (R-St. Clair) has filed a bill that would make the sale of synthetic human urine a criminal offense. Under House Bill 1810, all drug test-cheating products would be banned, and anyone who provides them with the intent to defraud a drug test would be subject to a Class B misdemeanor. Prosecutors like the bill.

Drug Treatment

Public Health, Drug Reform Groups Protest Federal Policy Imposing Work Requirements on Medicaid Recipients. More than 160 organizations in the public health, mental health, addiction treatment, and drug reform fields have sent a letter to Health and Human Services Secretary Alex Aszar decrying the new federal policy. They argue the policy would hinder access to Medicaid by people with chronic health problems, especially those fighting substance abuse and mental health disorders. "This is deeply troubling given the devastating and escalating opioid overdose crisis that President Trump has designated as a national public health emergency," the letter said.

Heroin and Prescription Opioids

Leading Congressional Democrat Wants Hearing on Trump's Opioid Panel's Progress. Rep. Elijah Cummings (D-MD), the top Democrat on the House Oversight and Government Reform Committee, sent a letter to committee Chairman Rep. Trey Gowdy (R-NC) last Friday urging him to request that presidential counselor Kellyanne Conway brief the committee on the work done by the president's opioid commission."I understand that President Trump has designated Kellyanne Conway as his point person on this issue, so her input would help the Committee with its ongoing efforts to evaluate the status of the Commission’s recommendations," Cummings wrote.

International

Israeli Marijuana Decriminalization Advances. The Ministerial Committee for Legislation has approved a bill that would decriminalize the possession of small amounts of marijuana. Under the bill, people caught with pot would pay a $282 fine and would not be subject to arrest until a fourth offense. Legalizatin advocate MK Tamar Zandberg (Meretz), who heads the Knesset Committee on Drug and Alcohol Abuse, was pleased: "When we started our struggle, people disrespected us, but the Ministerial Committee’s decision today is proof that a real, persistent struggle succeeds in the end," said Zandberg."This bill is far from being perfect, but it is a foot in the door on the way to full legalization."

Chronicle AM: Senate Sentencing Reform Bill Under Attack, DEA Threatens SIJs, More... (2/15/18)

The Marijuana Justice Act gets a third cosponsor, the DEA threatens to go after safe injection sites, the attorney general and leading law enforcement groups target the Senate sentencing reform bill, and much, much more.

Jeff Sessions and major law enforcement groups are trying to kill the Senate sentencing reform bill. (senate.gov)
Marijuana Policy

Federal Judge Suggests He Will Defer to DEA, Congress on Rescheduling Lawsuit. At a hearing Wednesday over a lawsuit seeking to have marijuana de- or rescheduled from Schedule I of the Controlled Substances Act, US District Court Judge Alvin Hellerstein suggested he would rule in the government's favor. He dismissed plaintiffs' claims that marijuana prohibition was motivated by racism and political concerns when it was passed 80 years ago and he said he didn't think he had the authority to reschedule the drug. "The law is the law," the judge said. "I'm sworn to enforce the law."

Cory Booker's Marijuana Justice Act Gets Third Sponsor. Sen. Kirsten Gillibrand (D-NY) announced Wednesday that she had signed on as a cosponsor of Sen. Cory Booker's (D-NJ) Marijuana Justice Act (S. 1689). The bill is also cosponsored by Sen. Ron Wyden (D-OR).

Federal Bill Filed to Protect Legal Marijuana States and Businesses. Rep. Lou Correa (D-CA) has filed the Sensible Enforcement Of Cannabis Act (no bill number yet), which would essentially codify the protections for state-legal marijuana embodied in the now-rescinded Cole memo. "To date, eight states have legalized recreational cannabis, and twenty-nine states and the District of Columbia, representing more than half of the American population, have enacted legislation to permit the use of cannabis," Correa said. "Attorney General Sessions' decision to rescind the 'Cole Memo' created great uncertainty for these states and legal cannabis businesses, and put citizens in jeopardy for following their state laws."

Connecticut Legalization Bills Filed. Twenty-two lawmakers filed a marijuana legalization bill Wednesday. The bill, House Bill 5112, would authorize the retail sale and taxation of the herb. Separately, House Deputy Majority Leader Rep. James Albis (D-East Haven) filed another legalization bill, House Bill 5111. Similar bills last year failed to get a floor vote in either chamber. Both bills were referred to the Joint Committee on General Law.

Massachusetts Legalization Advocates Protest "Intimidation Campaign" Aimed at Forcing Restrictive Regulations. Legalization advocates are criticizing Gov. Charlie Baker (R) and other officials, saying they have conducted a "coordinated intimidation campaign" against the state body charged with crafting rules and regulations, the Cannabis Control Commission. In a series of letters to the commission, officials from the governor's office have raised public health and safety concerns and recommended it scale back its framework of rules. Advocates took their concerns to the State House Thursday, where they held a press conference.

New Jersey Lawmakers, Wary of Legalization, File Decriminalization Bill Instead. A bipartisan group of legislators urging caution on pot legalization has filed a bill that would decriminalize the possession of small amounts of marijuana. Senate Bill 472 would make the possession of up to 15 grams a civil offense. Gov. Phil Murphy (D) campaigned on legalizing marijuana, and legalization bills have already been filed in the Assembly and Senate.

Jackson, Mississippi, City Council Votes to Decriminalize Weed. The city council voted unanimously Tuesday to decriminalize the possession of up to 30 grams of marijuana. Violators would face no more than a $100 fine. Under current Mississippi state law, marijuana possession is illegal, so effective implementation will depend on local law enforcement discretion. The possession of any amount of marijuana can result in up to 60 days in jail, a fine of up to $250, and a litany of collateral consequences that impacts employment, housing, family and life opportunities.

Asset Forfeiture

Alabama Senate Committee Votes to End Civil Forfeiture by Police. The Senate Judiciary Committee voted Wednesday to approve a bill that would end civil asset forfeiture in the state. Senate Bill 213 would require a criminal conviction before cash or property could be seized. Senators said they expected the bill to face additional negotiations before it goes to a Senate floor vote.

Drug Testing

Wisconsin Bill to Block Employers from Testing for Marijuana to Be Filed. Rep. David Bowen (D-Milwaukee) said he plans to introduce a bill that would block employers from drug testing for THC or disqualifying people from jobs because of a drug test with positive results for marijuana. The bill would apply to both public and private sector workers, but not those operating heavy equipment. "Consuming THC weeks or months out from a job interview should not disqualify someone from finding employment any more than someone who drank a few beers on another date should be kept out of work" Bowen told the Isthmus in an email. "While I am in favor of the safe legalization and regulation of marijuana for both recreational and medicinal use, until that happens, people should not be stigmatized for using a substance whose effect on society is less negative than society's reaction to it."

Heroin and Prescription Opioids

Congressional Republicans Try to Blame Sanctuary Cities for Opioid Crisis. GOP lawmakers used a hearing of the House Judiciary Subcommittee on Immigration and Border Security to try to scapegoat sanctuary cities for the country's opioid crisis. "We have heard countless stories of sanctuary practices and the havoc they wreck on public safety, national security, and the sanctity of the rule of law," said Rep. Raúl Labrador (R-ID), the committee chair. "Our public safety and our public health are tied to eradicating opioids, which can never be accomplished when the force multiplier that is ICE is sidelined." But committee Democrats and analysts rejected the link. Rep. Pramila Jayapal (D-WA) said There was no "factual basis in connecting so called sanctuary city policies with the opioid crisis," said Rep. Pramila Jayapal (D-WA). "It would be laughable if it weren't so serious," she said. "If it weren't so hurtful to the characterization of immigrants across this country." Last month, Republicans tried to blame Obama's expansion of Medicaid for worsening the epidemic.

Harm Reduction

Trump Administration Threatens to Go After Safe Injection Sites. Several US cities are moving forward with plans to open safe injection sites, but the DEA has just fired a shot across the bow. In an interview with Buzzfeed, DEA spokeswoman Katherine Pfaff said the agency may take action against the facilities because they are federally prohibited. "Supervised injection facilities, or so-called safe injection sites, violate federal law," Pfaff said. "Any facilitation of illicit drug use is considered in violation of the Controlled Substances Act and, therefore, subject to legal action." She cited a 1980s crack house law that could be used. But in Seattle, at least, local prosecutors say they welcome a legal challenge and think they can convince the courts that public health powers are superior to criminal laws against drug dens run for profit.

New Mexico Passes Legislation to Examine Administering Pharmaceutical-grade Heroin or Other Opioids by Medical Practitioners to People Struggling with Long-term Addiction. The state House Tuesday approved House Memorial 56, which charges the Legislative Health and Human Services Committee to take testimony on supervised injectable opioid treatment as a feasible, effective and cost-effective strategy for reducing drug use and drug-related harm among long-term heroin users who have not been responsive to other types of treatment. The bill was sponsored by Rep. Deborah Armstrong (D-Albuquerque), chair of the House Health and Human Services Committee. This memorial does not need to pass the Senate or be signed by the governor.

Sentencing Reform

Attorney General Sessions Slam Senate Sentencing Reform Bill. Attorney General Jeff Sessions came out against a painstakingly cobbled-together Senate sentencing reform bill Wednesday, sparking a public food fight with Sen. Chuck Grassley (R-IA), the head of the Senate Judiciary Committee and the very face of dour Corn Belt conservatism.In a letter reported by Reuters, Sessions warned the committee not to approve the sentencing reform bill, S. 1917, claiming it would reduce sentences for "a highly dangerous cohort of criminals." Passage of the bill would be "a grave error," Sessions said. The measure is actually a mixed bag, a product of lengthy discussions among senators seeking a compromise that could actually pass the Senate. While it has a number of progressive sentencing reform provisions, mainly aimed at nonviolent drug offenders, it also includes new mandatory minimum sentences for some crimes, including some drug offenses. Those provisions provide political cover to conservatives fearful of being tagged "soft on crime," but tired of perpetuating failed drug war policies.

Police Groups Slam Senate Sentencing Reform Bill. The National Sheriffs' Association and the Fraternal Order of Police have both come out against the Senate sentencing reform bill, calling on President Trump to reject the bill and saying it will put violent drug dealers back out on the street. "Sheriffs will have to arrest most of them again at the county level and that will shift the cost and responsibility to us without fixing the underlying problems of violent crime and drug and human trafficking in the country," said a letter to Trump from the National Sheriffs' Association. "At a time when our nation is being ravaged by an epidemic of overdoses from the use of heroin and opioids, it seems at variance with common sense and sound policy to drastically reduce sentences for drug traffickers and then apply these reduced sentences retroactively," said the National Fraternal Order of Police.

Chronicle AM: Trump Drug Budget, NH Marijuana Bill Hearing, OR Opioid Emergency, More... (2/13/18)

The proposed FY 2019 Trump budget features more drug war and cutting the drug czar's office, a legal marijuana bill gets a hearing in New Hampshire, Oregon's governor declares a public health emergency over opioids, and more.

The president's proposed budget has billions for more drug war. (Creative Commons)
Marijuana Policy

Georgia Bills to Reduce Penalties Filed. A pair of bills filed in the legislature seek to reduce the criminalization of marijuana users. House Bill 865 would make possession of up to two ounces a misdemeanor. Under current law, possession of more than one ounce is a felony. Senate Bill 105 would decriminalize the possession of up to a half ounce. Legalization bills were filed earlier in the session, but they are not expected to go anywhere.

New Hampshire Legalization Bill Gets Hearing Today. The House Ways and Means Committee is holding a hearing on a limited legalization bill today. House Bill 656 would legalize the possession of up to a quarter ounce of weed and grow up to six plants, but would not set up a system of legal marijuana commerce.

Virginia Senate Approves Arrest Expungement Bill. The Senate voted 38-2 on Monday to approve Senate Bill 954, sponsored by Sen. Tommy Noment (R-James City). The bill would allow people charged with first-time possession to later pay $150 to have the charge expunged. The measure must now be approved by the House.

Medical Marijuana

Iowa Poll Has Overwhelming Support for Medical Marijuana. A new Selzer & Company poll has 78% in favor of medical marijuana, with 19% opposed, figures that are roughly unchanged over the past couple of years. What has changed is support for recreational marijuana, now at 39%, up from 28% four years ago.

New Mexico Lawmakers Eye Marijuana in Fight Against Opioids. Lawmakers and supporters gathered at the state capitol in Santa Fe Monday to urge state officials to add opioid addiction to the list of disorders qualifying for medical marijuana. And advisory panel has twice considered petitions seeking to add medical marijuana as a tool against opioid abuse, the most recent last November, but the state Health Department has yet to act.

Heroin and Prescription Opioids

Oregon Governor Declares Addiction a Public Health Crisis. Gov. Kathleen Brown (D) on Tuesday released an executive order declaring opioid addiction to be a public health crisis in the state. She said she would soon set a deadline for the state Alcohol and Drugs Policy Commission to come up with a plan to fight the problem.

Drug Policy

Trump Budget Doubles Down on Drug War. The Trump administration's proposed Fiscal Year 2019 budget is heavy on drug war spending, with an additional $400 million for the DEA, $334 million in the law enforcement-oriented Byrne Justice Assistance Grant program, $50 million for the once-discarded anti-drug media campaign, $43 million for drug courts, and a cut of $20 million in offender reentry programs. The budget includes $18 billion over two years for the Mexico border wall, which Trump justifies on both drugs and immigration grounds, which is more than the $13 billion the administration says it is allocating to fight opioid abuse.

Trump Budget Would Gut Drug Czar's Office. The Trump FY 2019 budget would also dramatically slash funding for the Office of National Drug Control Policy (ONDCP -- the drug czar's office), primarily by moving two grant programs elsewhere. Under the proposal, the Drug Free Communities Support Program and the High Intensity Drug Trafficking Areas program would be moved into the Health and Human Services Department and Justice Department, respectively. The move is opposed by some lawmakers and a coalition of more than 150 advocacy organizations, but more radical critics on both the left and the right would like to see the agency go away altogether.

Sentencing

New Jersey Governor Revives Sentencing Commission. Gov. Phil Murphy (D) is reviving the Criminal Sentencing and Disposition Commission, which was created by the legislature in 2009 to examine racial disparities in sentencing, but remained dormant under former Gov. Chris Christie (R). Christie never appointed any members to the commission. "We can and must do better," Murphy said in a statement. "A Criminal Sentencing and Disposition Commission can undertake the important review of our sentencing laws and recommend reforms necessary to ensure a stronger, fairer, and more just state." Murphy has already appointed two people to the commission's 13-member board, which must issue a report within a year of its first meeting.

Chronicle AM: New Drug Czar Nominee, Purdue Pharma Stops Marketing Opioids to Docs, More... (2/12/18)

Good marijuana polling in Florida and New York, record marijuana sales in Colorado, the White House nominates a new drug czar, Purdue Pharma makes a big announcement, and more.

Purdue Pharma, the manufacturer of Oxycontin says it will no longer market its opioid products to doctors. (Wikimedia.org)
Marijuana Policy

Sessions Slams Colorado GOP Senator in Fight Over Marijuana. Sen. Cory Gardner (R-CO) has been sticking up for his state by blocking Department of Justice nominees from consideration until Attorney General Sessions backs away from his decision to rescind Obama-era guidance to prosecutors allowing states to generally implement marijuana legalization without federal interference. And Jeff Sessions doesn't like it. He went after Gardner -- without mentioning his name -- in a speech at the National Sheriffs' Association Monday. "Too often, we've seen bad judgements, even politics enter into the work that we do," Sessions complained. "We're trying to confirm a number of important component heads at the Department of Justice. It's just getting to be frustrating, I've gotta tell you. Our nominee to the National Security Division -- the anti-terrorism division -- was approved unanimously in the committee. But because right now one senator's concerns over unrelated issues -- like reversing federal law against marijuana -- we can't even get a vote."

Colorado Sold a Billion and Half Dollars' Worth of Marijuana Last Year. It was a record-breaking year for the Rocky Mountain State. The Department of Revenue reported last Friday that legal marijuana sales topped $1.51 billion last year, with $1.09 billion coming from adult use sales and $416.52 million coming from medical marijuana sales. Those sales generated more than $247 million in taxes and fees for the state.

Florida Poll Has Healthy Majority for Legalization. A new poll from the University of North Florida finds that 62% of registered voters would back a state law regulating marijuana like alcohol, and 45% said they would "strongly support" such a law. The poll comes weeks after backers of a legalization initiative in the state conceded they did not have enough signatures to qualify for the ballot.

Massachusetts DAs Want Licenses Delayed for Cannabis Cafes, Delivery Services. In a letter last Friday to the Cannabis Control Commission, the Massachusetts District Attorneys Association called on the commission to hold off on issuing licenses for cannabis social clubs and delivery services. "We have security concerns for these businesses, their employees and their customers," the prosecutors wrote. "Moreover, these businesses heighten our concerns relative to such issues as operating under the influence, increased marijuana access by persons under the age of 21, theft and diversion to the black market." The DAs also warned that immediately licensing such businesses would be "irresponsible, ill-informed, and dangerous."

Michigan Legalization Initiative Campaign Sees Organized Opposition. A political action committee has been formed to oppose the state's legalization initiative, which is currently awaiting confirmation that it has met signature-gathering requirements to appear on the November ballot. The Healthy and Productive Michigan Committee has $150,000, courtesy of a donation from anti-legalization crusader Kevin Sabet and his group Smart Approaches to Marijuana. Sabet says there could be more money coming, too.

New York Poll Has Healthy Majority for Marijuana Legalization. A Siena College released Monday has support for marijuana legalization at 56%. The figure was 60% for New York City, 55% for downstate suburbs, and even 52% in conservative upstate. Three-quarters of voters under 35 supported legalization, while voters 55 and older were evenly split. The poll comes as Gov. Andrew Cuomo (D) is proposing a study to examine whether the state should legalize the weed.

Medical Marijuana

Utah House Fails to Pass Crucial Medical Marijuana Measure. The House last Friday voted to pass one medical marijuana bill, but failed to pass a crucial companion bill. The House passed House Bill 195, allowing terminally ill patients to use medical marijuana, but then failed to pass House Bill 197, which would have actually implemented the law by instructing the state Department of Agriculture and Food to write rules on growing marijuana and contract with a third party grower to grow the plant. "One is dependent on the other," said the bills' sponsor, Rep. Brad Daw (R-Orem), who is now second-guessing his decision to file the two bills separately. "Maybe it was the wrong policy, maybe it was the wrong decision." Meanwhile, a campaign to put a medical marijuana initiative before the voters in December is well underway.

Heroin and Prescription Opioids

Oxycontin Maker Will Quit Marketing Opioids to Doctors. Purdue Pharma, the manufacturer of Oxycontin, announced last Friday that it will stop marketing its opioid products to doctors. The move has been a key demand of numerous lawsuits blaming the company for helping to trigger the current wave of opioid misuse. Purdue said it had eliminated more than half its sales staff and will no longer send sales people to doctors' offices to discuss opioid drugs.

Drug Policy

Trump Nominates White House Staffer to Head Drug Czar's Office. The White House confirmed last Friday that White House staffer Jim Carroll has been nominated to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Carroll has been a top aide to White House chief of staff John Kelly. Before that, he was an executive at Ford Motor Company, and before that, he was an assistant state prosecutor in Fairfax, Virginia, where he prosecuted some drug cases. He appears to have no public health experience. The drug czar's office has been empty throughout the Trump administration -- a previous nominee, Tom Marino, was forced to step down after he was linked to a bill DEA officials said limited their ability to prosecute corporate opioid cases -- and just last week, the administration once again threatened to drastically cut its budget.

International

Philippine Senator Jailed for Opposing Duterte's Drug Crackdown Calls on Him to Support ICC Probe of Drug War Deaths. Sen. Leila de Lima, who has been imprisoned for a year now on trumped up charges for opposing President Rodrigo Duterte's bloody drug war, challenged Duterte in a statement Saturday to support a probe by the International Criminal Court into "the rash of extrajudicial killings" unleashed by Philippines police. "Thousands of Filipinos are getting killed, and sadly, President Duterte remains unperturbed," said De Lima. "He chooses to ignore reports of glaring human rights violations and abuses by police and security forces who put law in their hands instead of facing the issue head-on. If he has nothing to hide, then it's high time for the President to support the independent investigation into the human rights violations and abuses incessantly happening under his regime," she added.

Britain's West Midland Police Announce Plan for Prescription Heroin, Safe Injection Sites. West Midlands Police and Crime Commissioner David Jamieson has proposed allowing the provision of medicinal heroin to users unresponsive to other treatments, as well as a panoply of harm reduction measures, including "special consumption rooms," or safe injection sites. Jamieson said he hoped to see the proposals implemented by 2020.

Chronicle AM: Trump Nixed Israeli MedMJ Exports, Duterte Faces ICC Investigation, More... (2/8/18)

Israeli Prime Minister says he barred medical marijuana exports because of Donald Trump, the International Criminal Court begins a "preliminary examination" of the Philippines' bloody drug war, and more.

Israeli PM Netanyahu says he barred medical marijuana exports at Trump's request. (Gage Skidmore/Wikimedia)
Medical Marijuana

Florida Lawmakers Shame Regulators Over Medical Marijuana Program. A joint legislative oversight committee tore into state medical marijuana czar Christian Bax on Monday. The Joint Administrative Procedures Committee used four separate unanimous votes to clarify its displeasure with rules and regulations promulgated by the Office of Medical Marijuana Use. Lawmakers are also unhappy that the office failed to respond to more than a dozen letters from lawmakers over the past four months identifying problems with the rules.

Nebraska Poll Has Strong Support for Medical Marijuana. A new Nebraska poll has 77% of respondents saying they would support allowing doctors to prescribe medical marijuana. Some 52% said they would definitely vote yes, while 22% would probably vote yes, and 3% were undecided but leaning toward yes. The poll comes as the legislature ponders a bill that would allow voters to weigh in on a constitutional amendment allowing medical marijuana.

Texas Sees First Dispensary, But CBD Only. Compassion Cultivation opened Thursday in Austin. It's the first dispensary to open under the state's CBD cannabis oil medical marijuana law. The state saw its first cannabis oil delivery to a patient earlier this week.

Harm Reduction

Iowa Needle Exchange Bill Advances. A three-member panel of the Senate Judiciary Committee voted unanimously Wednesday to approve a bill that would legalize needle exchanges in the state. Senate File 219 now heads for a vote of the whole committee.

San Francisco Regulators Back Safe Injection Site. The city's Health Commission voted unanimously Tuesday to approve a resolution supporting supervised injection services. The resolution endorses the recommendations of the Safe Injection Services Task Force, which calls for safe injection sites in the city. The matter does not need to go before the Board of Supervisors. The first two supervised injection sites could open as soon as July 1, Health Director Barbara Garcia said.

International

International Criminal Court Begins Moving on Philippines Drug War Complaints. The ICC has begun "preliminary examinations" to determine whether there is sufficient evidence to establish a case before the court in connections with the thousands of killings perpetrated in the course of President Rodrigo Duterte's bloody war on drugs. The preliminary examination is the first step in the ICC prosecution process. Duterte said he welcomed the examination because he is "sick and tired of being accused," a spokesman said.

Israel Put Hold on Medical Marijuana Exports Because of Trump, Netanyahu Says. The Israeli prime minister said President Trump called him and expressed his objection to marijuana exports. Netanyahu nixed exports earlier this week, putting potential export earnings of $1 to $4 billion a year at risk.

Lesotho Becomes First African Nation to Allow Legal Marijuana Cultivation. Lesotho has granted the first licenses for commercial marijuana cultivation, but the licenses are restricted to two foreign-owned companies. On Tuesday, Corix Bioscience announced that it received "the first license issued by the Government of Lesotho that enables them to import and export cannabis and cannabis resin in various forms." The product would be exported to any country that permits it.

Chronicle AM: DEA Emergency Ban on Fentanyl Analogs, Fox Legalization Poll, More... (2/7/18)

A Fox poll has support for legalization at an all-time high, Colorado's governor ponders freeing marijuana prisoners, the DEA emergency bans fentanyl analogues, New York's governor bans synthetic cannabinoids, and more.

Marijuana Policy

Fox News Poll Has Support for Marijuana Legalization at Record High. A new Fox News poll has the poll's highest numbers yet in support of freeing the weed. Some 59% said legalize it, up from 51% in 2015, 46% in 2013, and 26% in 2001. The Fox poll results are in line with other national polls, which are now typically showing support for legalization in the high 50s or low 60s.

Colorado Governor Ponders Freeing Marijuana Prisoners. Gov. John Hickenlooper (D) is considering releasing nearly 40 prison inmates serving time for nonviolent marijuana offenses. "Right now, we have not enough room left in our prisons. So if what these people are serving serious time for wasn't violent -- is no longer illegal -- maybe we should be looking at (whether) it safe to release them," he said in an interview with The Denver Post. "We are talking about going out and finding people who are still in prison, and saying, 'If you want to apply we think your application will have favor,'" Hickenlooper said.

Virginia Poll Has Strong Support for Decriminalization. A new poll from the Wason Center for Public Policy at Christopher Newport University has support for decriminalization at 76%, with even 60% of Republicans in favor. The poll comes a week after Republicans in the state Senate killed a decriminalization bill.

Heroin and Prescription Opioids

DEA Emergency Schedules All Illicit Fentanyl Analogs. The US Drug Enforcement Administration this week placed all illicit fentanyl analogues not already regulated by the Controlled Substances Act into Schedule I -- the category for substances with no currently accepted medical use -- for two years, with the possibility of a one-year extension. The action is intended to reduce these substances' flow into the country and slow the alarming increase in overdose deaths linked to synthetic opioids, but time will tell.

Kratom

FDA Ramps Up Warnings on Kratom, Calls It "Opioid." The Food and Drug Administration on Tuesday ramped up its warnings about kratom, saying that new research says the herb has "opioid properties" and is linked to 44 deaths. "We feel confident in calling compounds found in kratom, opioids," FDA Commissioner Scott Gottlieb said in a statement. New data has reinforced the agency concerns about kratom's "potential for abuse, addiction and serious health consequences, including death."

New Synthetic Substances

New York Governor Uses Temporary Budget Amendment to Ban Sales of Synthetic Cannabinoids. Gov. Andrew Cuomo (D) announced Wednesday a 30-day budget amendment to add 36 different synthetic cannabinoids to the state's controlled substance list. While the substances are banned federally, only some New York counties had banned them. "As the manufacturers of this poison continue to evolve and find new and insidious ways to skirt the law, New York's statutes must continue to keep pace," Cuomo said. "With this action, we'll continue to identify and crack down on hazardous compounds that emerge in our communities, and give law enforcement the tools they need to end this public health threat."

International

Canada Legalization Rollout Could Be Delayed. Federal Health Minister Ginette Petitpas Taylor said Tuesday that recreational marijuana sales will only begin a few months after legalization later this year because the new legal sales system will take time to begin working properly. The Liberal government wants the new law in place by July 1, but if it takes until that date, legal sales could be pushed back to the fall.

Israel Prime Minister Blocks Medical Marijuana Exports, Calls for More Studies. Prime Minister Benjamin Netanyahu has suspended plans to allow Israeli medical marijuana growers to export their crops pending new reviews by the Health Ministry and the chairman of the National Economic Council. The move came after a Sunday meeting where Public Security Minister Gilad Erdan presented data on the diversion of medical marijuana into recreational markets.

Chronicle AM: San Francisco SIJs Coming Soon, House Dems Want Pot Hearing, More... (2/6/18)

Safe injection sites are coming to San Francisco, House Democrats want a hearing on Sessions' backwards-looking marijuana policies, CBD bills pass in Indiana and Virginia, and more.

Kellyanne Conway. This is who is effectively running White House opioid policy. (Twitter)
Marijuana Policy

House Judiciary Committee Democrats Demand Hearing on Sessions Marijuana Policy. In a letter to House Judiciary Committee Chair Rep. Bob Goodlatte (R-VA), eleven Democratic members of the committee called on him to hold a hearing of the full committee to discuss recent moves by Attorney General Sessions to roll back laissez-faire Obama-era policies regarding enforcement of federal drug laws in marijuana-legal states. In the letter, the Democrats said they feared new Justice Department policies "will promote an inefficient use of limited taxpayer resources and subvert the will of voters who have clearly indicated a preference for legalized marijuana in their states."

Delaware's Governor Remains Opposed to Marijuana Legalization. After months of meeting with legalization supporters, Gov. John Carney (D) has rebuffed their efforts to get him on board. "There are a lot of people who are pushing that. I don't think it's a good idea to be out ahead of that, [to be] one of the lead states there," Carney told WHYY-TV. "I've talked to my colleagues, governors from Colorado and the state of Washington, and they talk about some of the unintended negative consequences." While he did not say he would veto a legalization bill, he remains strongly opposed: "I just don't think we ought to be a leader there. Again, as we're trying to strengthen our workforce, create an environment where companies can be successful to make Delaware stronger, I don't think that will do it."

California Bill Would Allow For Consumption at Special Events. Assemblyman Bill Quirk (D-Hayward) has filed a bill that would allow for the sale and consumption at temporary special events. Assembly Bill 2020 would allow a state agency to issue temporary event licenses allowing sales and consumption. "These events support local economies and small businesses," Quirk said in a statement. "Despite the fiscal and communal benefits such events bring to a city or local community, current law prohibits local governments from approving applications for cannabis sales at special events if they are held anywhere but county property," he added. The measure is also sponsored by the city of Oakland.

Medical Marijuana

Indiana Senate Joins House in Passing CBD Bill. The Senate voted 35-13 Monday to approve Senate Bill 294, which would allow any state resident to purchase and use CBD cannabis oil. Similar legislation passed the House last week on a unanimous vote.

Virginia Senate Passes CBD Bill. The Senate voted unanimously Monday to approve Senate Bill 726, which would allow doctors to recommend the use of CBD cannabis oil or THC-A oil. The House passed a companion bill, also unanimously, last Friday. The bill now awaits the governor's signature.

Heroin and Prescription Opioids

Drug Czar's Office Frozen Out of Trump Administration's War on Opioids. White House counselor Kellyanne Conway has effectively taken control of the administration's opioids agenda, largely sidelining the Office of National Drug Control Policy (ONDCP -- the drug czar's office), according to a report in Politico. The report says Conway is "quietly freezing out drug policy professionals and relying instead on political staff to address" the opioid crisis. The main response so far has been to demand a border wall and to suggest a sort of "just say no" program. The administration is expected to propose massive cuts in the drug czar's office this month.

West Virginia Governor Sets New Plan, Names New Drug Policy Director. Gov. Jim Justice (D) said Monday the state will take a different approach to the opioid crisis by focusing a pilot program on two of the state's hardest hit counties. Justice said there wasn't enough funding to fight the crisis in all 55 counties, but that statewide efforts would continue. "We know that everything we've tried so far has failed," he said. Justice also announced the appointment of Dr. Michael Brumage as the new director of the state Office of Drug Control Policy.

Drug Testing

Vermont GOP Bill Would Require Drug Screening, Testing for Public Assistance. House Minority Leader Don Turner (R-Milton) has filed a bill, House Bill 866, that would require people seeking public assistance to undergo screening for substance abuse and undergo drug testing if the screening process suggests drug use. Those who failed drug tests cold still receive assistance if they agreed to and completed drug treatment, but refusing treatment or failing to complete it would result in loss of benefits.

Harm Reduction

San Francisco Should See Safe Injection Sites by July.San Francisco Department of Public Health Director Barbara Garcia said Monday the city is on track to open its first two safe injection sites around the beginning of the new fiscal year on July 1. She said she is working with six to eight nonprofits that already operate needle exchanges and other drug addiction services and will choose two of them to open safe injection sites. The sites will initially be privately funded, which will help the city avoid liability, since intravenous drug use is a crime under both state and federal law. Opening the sites will not require the approval of the city's Board of Supervisors or other city officials, she said.

International

British Columbia Sets More Legal Pot Rules. The provincial government announced Sunday that marijuana will not be sold in the same stores as alcohol and that in urban areas, licensed retailers would only be able to sell marijuana and accessories -- not other products, such as food, gas, clothing, and lottery tickets. Rural areas will qualify for exceptions to the general rule. Also, people 19 and over will be able to possess up to 30 grams in public, and smoking will generally be allowed in public spaces where smoking is allowed. Adults will be able to grow up to four plants per household, but landlords will be able to bar tenants from growing.

Colombia Says Armed Groups Impeding Coca Crop Substitution. Colombian Post-Conflict Minister Rafael Pardo said Sunday that illegal armed groups are impeding the country's efforts to replace illicit coca crops with legal ones. The comments came after a United Nations verification team was attacked last week by dissident FARC guerrillas. Pardo also pointed a finger at Marxist ELN guerrillas. Both groups, as well as rightist paramiitaries, continue to try to benefit from the illicit coca and cocaine trade.

Chronicle AM: Amnesty Warns on Philippines Drug War, NY Safe Injection Site Push, More... (1/30/18)

Republican legislators are gumming things up in Maine and Virginia, a big coalition calls for preserving the drug czar's office, Amnesty International warns the Philippines, and more.

Duterte's bloody drug war is drawing heat from Amnesty International, but not so much from the State Department. (Wikimedia)
Marijuana Policy

Maine Republicans Set to Delay Adult Use Sales. With a moratorium on legal marijuana sales set to expire Thursday, the state GOP is moving to push back the date legal sales can begin. The Senate Tuesday approved Republican Sen. Roger Katz's bill to delay sales until the spring, but Republican House Leader Ken Fredette is calling for a delay in recreational sales until next year. Gov. Paul LePage (R) has also been an obstacle to implementing the will of the voters, who approved legalization in November 2016, some 14 months ago now.

Virginia Senate Republicans Kill Decriminalization Bill. Nine Republicans on the Senate Courts of Justice Committee voted Monday to kill Senate Bill 111, which would have decriminalized the possession of small amounts of marijuana. The Senate action followed action in the House, where Republicans already killed a similar bill.

Asset Forfeiture

Idaho Civil Asset Forfeiture Reform Bill Filed. The House Judiciary and Rules Committee is taking up a bill that would reform, but not eliminate, civil asset forfeiture in the state. The bill would prevent forfeiture in cases of simple drug possession and would prevent forfeiture of large quantities of cash unless there is evidence of criminal activity. The measure is RS25826, which is not yet available on the legislative website. A similar bill passed the legislature last year, only to be vetoed by Gov. Butch Otter (R).

Drug Policy

Coalition Calls for Trump Not to Gut Drug Czar's Office. More than 150 groups have signed onto a letter sent Monday to the White House opposing the Trump administration's proposed plans to radically cut funding the Office of National Drug Control Policy (ONDCP -- the drug czar's office) and move its grant programs to other agencies. The move would "create an unnecessary distraction from efforts to save our lives," the groups said. Signatories include groups from the prevention, treatment, recovery and criminal justice communities, and more. "Not only would such a move drastically weaken these vitally important programs, and force them to compete for priority, direction, and funding in larger agencies with competing and higher priorities, but it would significantly impact ONDCP's ability to effectively carry out its mission," the groups, led by the Addiction Policy Forum, wrote.

Harm Reduction

New York Activists Press Lawmakers to Approve Safe Injection Sites. Drug policy reform advocates gathered in Albany Monday to urge lawmakers to act on a bill that would allow for the creation of safe injection sites in the state. Legislation was filed last year by Assemblywoman Linda Rosenthal (D-Manhattan), but never acted on. If state Sen. Fred Akshar (R-Binghamton), head of the Senate Heroin Task Force, has his way, it won't be acted on either. "Our state dollars should not be going to a facility that is allowing people to continuously inject drugs," he told the New York Daily News.

International

Amnesty International Demands Philippines Hold Police to Account for Unlawful Drug War Killings. Responding to news that the Philippine National Police have resumed their role in waging President Duterte's bloody war on drugs, Amnesty International warned that police killers must be held to account. "The Philippines neither can nor should try to solve its drug problems at gunpoint," said James Gomez, the group's director for Southeast Asia and the Pacific. "Since President Duterte came to power, police have unlawfully killed thousands of people, the vast majority of them from poor and marginalized communities, in attacks so extensive and brutal they may well amount to crimes against humanity. Now that police are once more returning to the forefront of anti-drug operations, the government must make sure that there is no repeat of the bloodshed seen during the past 18 months."

State Department Drug Agency Vows to Support Duterte's War on Drugs. The State Department's Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs"), says it will continue to support the Philippines drug war. "We are aware that the police are continuing the resumption of their operations. Many folks have been tracking the EJKs (extrajudicial killings) and the Philippines. There are some [encouraging things] that were seen, some of our human rights training [is] working and so I would describe [the] United States being cautiously optimistic... when it comes to a good, appropriate way of [carrying out the anti-]drug campaign," Deputy Assistant James Walsh said in a Tuesday press briefing. "And so we'll just monitor that and we'll continue supporting the government of the Philippines with our rule of law, our demand reduction programs and our maritime assistance," Walsh added.

Eight Things That Do (or Don't) Happen When We Legalize Marijuana [FEATURE]

The great social experiment that is marijuana legalization is now five years old, with six states already allowing legal marijuana sales, two more where legal sales will begin within months, and yet another that, along with the District of Columbia, has legalized personal possession and cultivation of the herb.

As a number of state legislatures -- including Connecticut, Delaware, New Hampshire, New Jersey, New Mexico, and New York -- seriously contemplate joining the parade this year, it's more important than ever to be able to assess just what impact marijuana legalization has had on those states that have led the way.

The prophets of doom warned of all manner of social ills that would arise if marijuana were legalized. From hordes of dope-addled youths aimlessly wandering the streets to red-eyed carnage on the highway, the divinations were dire.

So far at least, they were wrong. And while things will doubtless continue to evolve over the long term, as the industry matures, prices possibly drop, regulations change, and familiarity with legal marijuana grows, so far things are looking pretty encouraging. A report released Tuesday by the Drug Policy Alliance, From Prohibition to Progress, takes a long look at what has happened in the states have legalized it:

1. Marijuana arrests plummeted.

Well, of course. If there's one thing you could predict about legalizing marijuana, this is it. The decline in the number of pot arrests is dramatic: 98% in Washington, 96% in Oregon, 93% in Alaska, 81% in Colorado, 76% in DC. That means tens of thousands of people not being cuffed, hauled away, and branded with lifelong criminal records, with all the consequences those bring.

The savings in human dignity, liberty and potential are inestimable, but the savings to state criminal justice and correctional systems are not: The report puts them at hundreds of millions of dollars.

2. …But the racial disparities in marijuana arrests have not ended.

While marijuana legalization dramatically reduces the number of people arrested for marijuana offenses, it clearly does not end racially disparate policing. The vast disparities in marijuana arrests remain, even in legal states. Black and Latino people remain far more likely to be arrested for marijuana offenses than white people, despite similar rates of use and sales across racial groups. There is work to be done here.

3. A tide of teenage weed heads is not unleashed upon the nation.

High school kids in the earliest legalization states smoke pot at rates similar to kids in states that haven't legalized it, and those rates have remained stable. In the later legalization states, rates of teen use vary widely, but have mostly stabilized or declined in the years leading up to legalization. And in those latest states -- Maine, Massachusetts, Nevada, California -- regulatory programs are either not yet in place or so new they're unlikely to have effected youth use rates.

4. The highways remain safe.

In the earliest legalization states, Colorado and Washington, the total number of arrests for driving under the influence of alcohol and other drugs is down, and the crash rates in both states are statistically similar to states that haven't legalized it. In fact, there seems to be no correlation between legalization and crash rates.

5. States with legal marijuana have lower rates of opioid-related harms.

In Colorado, an upward trend in overdoses began to decline after 2014, the first year of retail pot sales in the state. Other positive indicia come from medical marijuana states, which report a nearly 25% drop in overdose death rates, a 23% reduction in opioid addiction-related hospitalizations and a 15% reduction in opioid treatment admissions.

6. Marijuana tax revenues are big -- and bigger than predicted.

Legalization states have collected more than a billion dollars in pot tax revenues -- and that's not counting the monster market in California, where recreational sales just began this month. Likewise, slow rollouts of taxed and regulated marijuana commerce in Maine and Massachusetts, mean no tax dollars have yet been generated there. In the states that do have legal pot sales, overall sales and tax revenues quickly exceeded initial estimates.

7. Marijuana tax dollars are going for good things.

Like $230 million to the Colorado Department of Education in two years to fund school construction, early literacy, school health, and bullying prevention programs. Likewise, schools in Oregon get 40% of the pot taxes and schools in Nevada will get $56 million in wholesale pot tax revenues. Oregon also allocates 20% of pot taxes for alcohol and drug treatment, while Washington kicks in 25%. In Washington state, 55% of pot tax revenues fund basic health plans.

8. Legal marijuana is a job creation engine.

The legal marijuana industry has already created an estimated 200,000 full- and part-time jobs, and that's before California, Maine, and Massachusetts come online. As marijuana moves from the black market to legal markets, weed looks like a growth industry and job generator for years to come.

"Marijuana criminalization has been a massive waste of money and has unequally harmed black and Latino communities," said Jolene Forrman, staff attorney at the Drug Policy Alliance and author of the report. "This report shows that marijuana legalization is working. States are effectively protecting public health and safety through comprehensive regulations. Now more states should build on the successes of marijuana legalization and advance policies to repair the racially disparate harms of the war on drugs."

In addition to reforming police practices to reduce racial disparities, the report also says there is more work to be done on fostering equity within the marijuana industry and points to models for doing so, such as the California provision that having a prior drug conviction can't be the sole basis for denying a marijuana license.

Having places where people can actually smoke legal marijuana also remains an issue, the report noted. Public consumption is not allowed in any of the legal states. It's a ticketable offense in some and a misdemeanor in others. Public use violations are also disproportionately enforced against people of color, and the imposition of fines could lead to jail time for poor people unable to pay for the crime of using a legal substance.

And what about the kids? The report notes that while legalization has generally resulted in reducing historically high numbers of young people being stopped and arrested for pot offenses, these reductions are inconsistent, and in some circumstances, young people now comprise a growing percentage of marijuana arrests. A model could be California, where kids under 18 can only be charged with civil infractions.

Legalizing marijuana may be necessary for achieving social justice goals, but it's not sufficient for achieving them. As this report makes clear, how we legalize marijuana matters, and that's still a work in progress. But so far, it's looking pretty good.

Chronicle AM: FL Voting Init Qualifies for Ballot, NYC Sues Big Pharma Over Opioids, More... (1/24/18)

More than a million Floridians would regain their right to vote in November after an initiative qualfied for the ballot, California small pot growers sue to stop concentration in the industry, New York City sues opioid manufacturers and seeks half a billion in damages, and more.

A Florida initiative that would restore the voting rights of felons is headed for the November ballot. (Wikimedia)
Marijuana Policy

California Growers' Group Sues to Block Huge Grow Operations. The California Growers Association, which represents small marijuana cultivators, filed suit in Sacramento Tuesday to block state rules it fears could open the way for huge commercial marijuana operations, driving its members out of business. Although the state has put a moratorium on large marijuana grows, state regulators are allowing businesses to acquire an unlimited number of licenses for smaller grows, which could lead to monopolization of the industry and have "a devastating effect" on small growers.

Maine GOP, Governor Seek to Delay Legalization Implementation. Tea Party Gov. Paul LePage (R) and legislative Republican leaders said Tuesday they want to extend a moratorium on the launch of legal pot businesses in the state until January 2019 and they will refuse to support a bill now before lawmakers that would extend the moratorium only until April 18. Voters approved marijuana legalization in November 2016. The proposed April 18 moratorium bill was unanimously approved by the Marijuana Legalization Implementation Committee last week, and is likely to come up for a vote Thursday on the Senate floor.

Massachusetts Marijuana Sanctuary State Bill Filed. Last Friday, Reps. Dave Rogers (D-Cambridge) and Mike Connolly (D-Cambridge) filed a bill that would prevent state and local authorities from cooperating with federal authorities attempting to enforce federal marijuana laws against state-legal marijuana businesses. The Refusal and Compliance Act would prevent police from handing over people in compliance with state marijuana laws unless federal authorities have a warrant.

Medical Marijuana

Another Utah Poll Shows Strong Support for Medical Marijuana Initiative. A new poll from the Salt Lake Tribune and the University of Utah's Hinckley School of Politics has support for a proposed medical marijuana initiative at 76%. That's nearly identical to the 75% approval polled in October. The poll comes as the Utah Patients Coalition, which is sponsoring the initiative, moves toward completing its signature-gathering campaign.

Heroin and Prescription Opioids

New York City Sues Big Pharma Over Opioid Crisis. The city filed suit against a handful of opioid manufacturers Tuesday in Manhattan Supreme Court. The lawsuit aimed at "corporate drug pushers" seeks $500 million from Johnson & Johnson, Cephalon, Purdue Pharma, Teva, and Janssen. The city saw more than a thousand opioid overdose deaths last year.

Asset Forfeiture

Alabama Asset Forfeiture Reform Bill Filed. Rep. Arnold Moore filed a bill Tuesday to curb the widespread use of civil asset forfeiture. House Bill 287 would effectively end civil asset forfeiture by requiring a criminal conviction before seizing someone's property.

Harm Reduction

Philadelphia Takes Step Toward Approving Safe Injection Sites. City officials announced Tuesday that they would allow a safe injection site as part of an effort to stem the rising tide of opioid overdose deaths. The city won't operate the site itself, but is now preparing to solicit operators interested in setting up such a site. There are no sanctioned safe injection sites in the US, although a number of other cities, including Denver, New York, San Francisco, and Seattle are considering them.

Voting Rights

Florida Initiative to Restore Voting Rights to Felons Qualifies for Ballot. The Voting Restoration Amendment, which would restore voting rights to more than a million Floridians with felony records, has qualified for the November ballot. Campaigners led by Floridians for Fair Democracy gathered more than the 799,000 valid voter signatures to qualify, state figures showed Tuesday. Because it is a constitutional amendment, the measure will need 60% of the vote to pass.

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