Asset Forfeiture

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Chronicle AM: NJ Legal Pot Bill Moving, Trump Administration Backs Needle Exchange, More... (3/19/19)

Pot legalization bills advanced in the New Jersey legislature, an Oregon initiative would allow for social consumption spaces and protect workers, smokable medical marijuaan comes to Florida, Arkansas passes a civil asset forfeiture reform bill, and more.

The Trump administration doesn't like safe injection sites, but it's down with needle exchanges. (Creative Commons)
Marijuana Policy

New Jersey Legalization Bills Advance. Marijuana legalization bills advanced in the legislature Monday. The Assembly Appropriations Committee approved A 4497, while the Senate Judiciary Committee approved its companion measure, S 2703. The victories come a week after Gov. Phil Murphy (D) and legislative leaders reached an agreement on what legalization should look like. Final floor votes could come as early as next Monday.

Oregon Initiative Would Allow Indoor Pot Smoking, Protect Workers. Marijuana industry leaders have filed an initiative, the Legalization Justice Act of 2020, which would, among other things, allow for social consumption spaces, provide protections for workers who use marijuana off the job, and urge the state to protect its homegrown marijuana industry. Now, organizers must collect 1,000 signatures before the secretary of state's office drafts a ballot title. Once that step is completed, organizers will then have to gather 112,000 valid voter signatures to qualify for the November 2020 ballot.

Pennsylvania Legalization Bill Details Announced. State Sens. Daylin Leach (D) and Sharif Street (D) have released details of their pending legalization bill. The measure would allow for social consumption sites and the home cultivation of up to six plants. A tax rate has not been set, but the goal is a rate that "balances the need to undermine any illegal market and the needs to both pay for regulation of the industry and invest in those harmed by prohibition." There would be no cap on marijuana business licenses and their would be a tiered licensing system to help communities adversely affected by the war on drugs.

Medical Marijuana

Florida Governor Signs Smokable Medical Marijuana Bill into Law. Gov. Ron DeSantis (R) on Monday signed into law SB 182, which ends a legislatively-mandated ban on smoking medical marijuana. The ban had been thrown out in the courts, but former Gov. Rick Scott (R) had appealed to reinstate it. DeSantis had threatened to drop the appeal if the legislature didn't act, but the legislature has acted and now the ban is dead.

Asset Forfeiture

Arkansas Legislature Approves Asset Forfeiture Reform. The House last week unanimously approved SB 308, which will require police and prosecutors to win a criminal conviction in most cases before they can seize someone's property. The Senate approved it last month. It now is on the desk of Gov. Asa Hutchinson (R).

Harm Reduction

Trump Administration Backs Needle Exchange. Health and Human Services Secretary Alex Azar said Tuesday the Trump administration is backing needle exchange programs as part of its effort to end HIV transmission but will continue to oppose safe injection sites. The move represents a policy shift among Republicans, who have traditionally opposed needle exchanges, but Azar said they were necessary: "Syringe services programs aren’t necessarily the first thing that comes to mind when you think about a Republican health secretary, but we’re in a battle between sickness and health, between life and death," Azar said.

Chronicle AM: ND Gets First MMJ Dispensary, MI Asset Forfeiture Package Moving, More... (3/4/19)

No legal pakalolo for Hawaii this year, North Dakota sees its first medical marijuana dispensary, asset forfeiture reform advances in Michigan, and more.

The British Labor Party is calling for pilot safe injection sites like this one in Vancouver. (Creative Commons)
Marijuana Policy

Hawaii Legalization Bill Dies. A legalization bill sponsored by Senate Majority Leader J. Kalani English (D) and cosponsored by half the Democrats in the Senate died last Friday after the Senate Health Committee did not schedule a meeting to hear any bills that day. Friday was the deadline for bills to be considered by the full Senate, so the inaction effectively killed the bill.

Vermont Senate Approves Legalizing Marijuana Sales. The state Senate last Friday approved S.54, which would establish a taxed and regulated market for legal marijuana sales. The bill now goes to the House. This is the sixth time the Senate has passed a tax and regulate proposal, only to see them die in the House. But this year, 40 House members are supporting H. 196, a separate legalization bill that is slightly different from the Senate bill.

Medical Marijuana

Nebraska Medical Marijuana Initiative Cleared for Signature-Gathering. The secretary of state's office last Friday approved a medical marijuana initiative for signature gathering. The initiative would "amend the Nebraska Constitution to provide the rights to use, possess, access, and safely produce cannabis, and cannabis products and materials, for serious medical conditions as recommended by a physician or nurse practitioner," according to the ballot title. To qualify for the ballot, 10% of registered voters must sign the petition. It must also have signatures from at least five percent of registered voters in at least 38 out of the state's 93 counties.

North Dakota's First Medical Marijuana Dispensary Opens. The state's first dispensary opened last Friday in a mini-mall in Fargo. Voters approved medical marijuana in November 2016, but it took the state more than two years to create a regulatory structure.

Asset Forfeiture

Michigan House Approves Asset Forfeiture Reform Package. Two weeks after the state Senate passed an asset forfeiture reform package that would end civil forfeiture unless the assets are worth more than $50,000, the House has now passed a similar package. The two bodies will meet in conference committee to hash out minor differences before sending the legislation to Gov. Gretchen Whitmer (D).

Utah Asset Forfeiture Reform Bill Killed in House Committee. A bill that would reform asset forfeiture practices in the state breezed through the Senate only to die last Friday in a House committee after the DEA and Utah narcotics officers blasted the bill. SB 109 would have required law enforcement to file cases only in state court to prevent police from giving cases to the feds to avoid state laws.

International

British Labor Party Calls for Safe Consumption Site Pilot Programs. The Labor Party has come out will a call for pilot programs for safe consumption sites. Calls for their introduction have grown louder as the United Kingdom grapples with its own overdose death crisis. Some 4,678 people died of drug overdoses in the kingdom last year.

Chronicle AM: FL Bill Would End Mandatory Minimums, BC Plan for Heroin Buyers Clubs, More... (2/22/19)

The Philippines president vows even harsher drug war, the Mexican Senate approves a new national guard to fight drug crime, a Florida bill would end mandatory minimum drug sentences, and more.

Pharmaceutical heroin. Could it be coming to heroin buyers clubs in Vancouver? (Creative Commons)
Medical Marijuana

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

Asset Forfeiture

Missouri Bill to End Civil Asset Forfeiture Advances. The House Judiciary Committee has approved  HB 444, which would bar law enforcement from confiscating assets from someone unless and until that person is convicted of a criminal offense. The bill now heads to the House floor.

Sentencing

Florida Criminal Justice Reform Bill Would End Mandatory Minimums. A sweeping criminal justice reform bill that includes ending mandatory minimum sentences for drug offenses has been introduced in the Senate. SB 642, the Florida First Step Act must get past the Senate Appropriations Committee and the Senate Criminal Justice Committee before heading for a Senate floor vote.

International

British Columbia Plan for "Heroin Buyers Club" Unveiled. The BC Center of Substance Abuse Thursday unveiled a plan to create a heroin buyers club to sell pure, regulated heroin to people addicted to opioids.  The cooperative group would buy bulk medical grade heroin from Switzerland to sell to doctor-assessed club members. The plan is part of the effort to stem overdoses in Vancouver. Informal heroin buyers clubs are reportedly already operating in the city, but their supplies are iffy.

Mexican Senate Approves Plan for New National Guard to Fight Crime, Drugs. The Senate on Thursday approved President Andres Manuel Lopez Obrador’s plan to create a new national guard, a key part of the government’s strategy to address drug gang violence. But the Senate amended the legislation to ensure that the new security force is headed by civilians, not the military, which has been linked to numerous human rights violations.

Philippines President Vows "Harsher" Drug War in Coming Days. President Rodrigo Duterte vowed to ramp up his bloody anti-drug campaign in a speech Wednesday. The war on drugs will be "harsher in the days to come," he said. When asked by reporters if the crackdown would be even bloodier, he said: "I think so." The remarks were condemned by the Philippine Commission on Human Rights: "With thousands that have already been killed because of this campaign, ‘harsh’ is an understatement and a trivialization of the lives that were lost—it is irreversible and the suffering of families of victims can be lifelong," Jacqueline De Guia, CHR spokesperson, said. "To say that it will be ‘harsher’ insults the victims and their families while the drug trade has not seemingly waned."

Thai King Signs Decree Legalizing Medical Marijuana and Kratom. Thai King Maha Vajiralongkorn has signed a royal decree formalizing the legalization of medical marijuana and kratom. The move comes some two months after the military government’s parliament unanimously approved it. 

Chronicle AM: Supreme Court Slaps Down Asset Forfeiture, No More No-Knocks in Houston, More... (2/20/19)

The Supreme Court reins in civil asset forfeiture, Denver joins cities participating in LEAD, Houston ends undercover no-knock raids in the wake of a fatal encounter, and more.

The US Supreme Court (Creative Commons)
Marijuana Policy

Maryland General Assembly Creates Legalization Working Group. In a sign that marijuana legalization isn’t going to happen this year, the General Assembly has created a working group to study the issue. The bipartisan group will make recommendations in December that could be used to help guide bills during the 2020 legislative session.

South Carolina Poll Has Half Supporting Medical Marijuana, Nearly a Quarter for Legalization. A new poll from political strategist Robert Cahaly has support for marijuana legalization at 22.8%, with another 49.7% saying they supported legalizing marijuana "for people suffering illness and with a doctor’s approval."

Hemp

Ohio Hemp Bill Filed. Lawmakers have filed a bill to legalize hemp production in the state, SB 77. The bill would align state law with the framework of the 2018 farm bill, which legalized hemp nationwide.

Medical Marijuana

New Mexico Senate Passes Bill to Allow Medical Marijuana in Schools. A bill that allows medical marijuana to be given to students at public schools passed the Senate on Monday. SB 204 now heads to the House Human Services Committee.

Asset Forfeiture

U.S. Supreme Court Unanimously Reins in Civil Asset Forfeiture. In a victory for proponents of civil asset forfeiture reform, the U.S. Supreme Court ruled today in Timbs v. Indiana that the Eighth Amendment's Excessive Fines Clause applies to states, thereby prohibiting state and local governments from collecting excessive fines, fees and forfeitures. Justice Ruth Bader Ginsburg wrote the majority opinion. "The protection against excessive fines guards against abuses of government’s punitive or criminal law-enforcement authority," Ginsburg wrote. 

Law Enforcement

Denver Signs on to Law Enforcement Assisted Diversion. City officials unveiled a Law Enforcement Assisted Diversion (LEAD) pilot program on Tuesday. The program is designed to connect people accused of low-level drug crimes with support services rather than arresting them. LEAD programs operate in a number of other cities, including Philadelphia, Portland, and Seattle. The pilot program is funded through 2020 by a $561,000 grant paid for out of the state's marijuana tax cash fund.

Houston Ends No-Knock Raids in Wake of Fatal Encounter. With few exceptions, Houston undercover officers will no longer conduct no-knock raids. The move comes after four police officers were wounded and a Houston couple killed in a raid that was based on a police officer's lies. "The no-knock warrants are going to go away like leaded gasoline in this city," Chief Art Acevedo announced during a town hall meeting Monday. 

Chronicle AM: Good MD, NJ Pot Polls; Bad Houston Drug Raid; WV MedMJ Banking Bill, More... (2/19/19)

Good pot polls from the Mid-Atlantic, New Jersey edges closer to passing a pot legalization bill, the West Virginia House passes a medical marijuana banking bill, asset forfeiture reform advances in Michigan, and more.

Maryland and New Jersey residents are ready to free the weed, new polls say. (ShantisFavorites/Flickr)
Marijuana Policy

Maryland Poll Has Strong Support for Legalization. A new Goucher College poll released Monday has support for marijuana legalization in the state at 57%. Only 37% were opposed.

New Jersey Poll Has Strong Support for Legalization. A new Monmouth University poll released Monday has support for marijuana legalization at 62%. The poll comes as the governor and legislative leaders are reportedly on the verge of agreement on legalization legislation.

New Jersey Governor and Senate Leader Reach Agreement on Legalization Framework. Gov. Phil Murphy (D) and Senate President Stephen Sweeney (D) have found a compromise that could see a legalization bill voted on this month. The compromise centers on a new means of taxing legal pot. Instead of just levying a sales tax on purchases, the state would impose a flat rate of $42 an ounce. The other agreement would strengthen the governor’s control over the Cannabis Regulatory Commission.

Wisconsin Governor Calls for Pot Decriminalization. Gov. Tony Evers (D) is proposing in his state budget to decriminalize the possession, cultivation, and distribution of up to 25 grams of marijuana, as well as creating a state-regulated medical marijuana program. The proposal would also expunge the convictions of people convicted of marijuana offenses involving 25 grams or less.

Medical Marijuana

Missouri Expungement Bill for Medical Marijuana Patients Advances. The House Special Committee on Criminal Justice last Thursday approved HB341, which would provide for the expungement of past misdemeanor marijuana convictions from the records of registered medical marijuana patients. The legislation comes after voters last November approved medical marijuana.

North Dakota House Approves Medical Marijuana Bill Package. The House on Monday approved a package of four bills amending the state’s medical marijuana law, including one that would add 13 new conditions to the state’s list of approved medical conditions. Another bill would allow physician assistants to recommend medical marijuana, while yet another would allow a patient or caregiver to purchase “an enhanced amount” of medical marijuana beyond the 2.5 ounces every 30 days limit. The last bill would add marijuana edibles to the list of medical marijuana products available for purchase. The package now heads for the Senate.

West Virginia House Passes Medical Marijuana Banking Bill. The House passed a medical marijuana banking bill with no debate and no floor speeches last Friday. The measure, HB 2538, creates two state funds, one to received license fees, penalties, and taxes associated with the medical marijuana program, and the other to receive all fees charged to the financial institution by the treasurer. The vote was 89-7. The bill now heads to the Senate.

Asset Forfeiture

Michigan Senate Passes Bill to End Most Civil Asset Forfeiture. The Senate last Friday approved a bill that would bar asset forfeiture in most cases unless there is also a criminal conviction. The bill, SB 0002, would require a criminal conviction before law enforcement could seize through forfeiture any amount of goods or money valued at less than $50,000. Similar asset forfeiture reform bills are still in committee in the House, but House Speaker Lee Chatfield (R-Levering) supports civil asset forfeiture reform and introduced a bipartisan reform bill on the first day of the new session.

Drug Testing

Utah Bill to Criminalize Drug Test Cheating Passes House. The House voted 61-8 last Friday to approve HB 16, which would make it illegal to use synthetic urine to pass a drug test. Using either fake urine or someone else’s urine to pass a test would be an infraction. The state currently has no law against using such materials to pass drug tests.

Law Enforcement

Houston Narcotics Division Under Investigation After Officer’s Search Warrant Lies About Drug Dealing Got Two People Killed. The entire 175-person Houston Police Department Narcotics Division will be subjected to an “extensive audit” after a Houston couple and their pit bull were killed in a raid that was based on a fraudulent search warrant. A veteran narcotics officer, Detective Gerald Goines, is accused of lying about using two separate confidential informants to purchase heroin from the couple and will likely be charged with a crime, said Police Chief Art Acevedo. Another officer is accused of retrieving heroin from a police car and giving it to Goines, who claimed it matched heroin purchased during what turned out to be an imaginary drug buy. 

Chronicle AM: William Barr Confirmed as US AG, Congressional Marijuana Banking Hearing, More... (2/14/19)

The Senate has confirmed old drug warrior William Barr as attorney general, Congress holds a hearing on marijuana and banking, Ted Cruz wants El Chapo to pay for the wall, and more.

CA Gov. Gavin Newsom (D) is sending the National Guard after what are likely mythical cartel pot grows. (Creative Commons)
Marijuana Policy

Congress Urged to Open Banks to Marijuana Industry. At a House hearing Wednesday, bank officers and state officials urged Congress to fully open the US banking system to the legal marijuana industry. California Treasurer Fiona Ma said allowing access to banking was a critical step for the growth of the fledgling legal industry, while Gregory Deckard, speaking for the Independent Community Banks of America, said allowing financial access was a critical step.

California Governor Vows Crackdown on Illegal Pot Grows, Blames Cartels. In his State of the State address Tuesday night, Gov. Gavin Newsom (D) vowed to crack down on cartel-grown black market marijuana, even though it's not clear how great a role the Mexican drug gangs have in the state's huge illicit pot market. Newsom said he would pull state National Guard troops from the Mexican border, and they will be "redeploying up north to go after all these illegal cannabis farms, many of which are run by the cartels that are devastating our pristine forests and increasingly themselves becoming fire hazards." Dale Gieringer, long-time head of California NORML, scoffed at the cartel claims. "I don’t know about this old 'cartels' thing," he said. "Frankly we’ve seen very little at all about illegal activity in the way of growing in the wilderness the way we used to. Cartel involvement is a bugaboo they like to throw around."

North Carolina Marijuana Legalization Bill Filed. State Sen. Paul Lowe (D-Forsyth) filed a marijuana legalization bill, SB 58, on Wednesday. The bill would legalize the possession of up to three ounces, with possession of more than three ounces charged as a misdemeanor. Lowe introduced a similar measure last year, but it never made it out of the Senate Rules and Operations Committee.

Medical Marijuana

House, Senate Bills to Give Vets Access to Medical Marijuana Filed. Legislators in both the House and Senate filed companion bills to make it legal under federal law for military veterans to "use, possess, or transport medical marijuana" in compliance with state laws. Sponsored by Sen. Brian Schatz (D-HI) and Rep. Barbara Lee (D-CA), the bill, known as The Veterans Medical Marijuana Safe Harbor Act, would block veterans who use medical marijuana under state laws from being harassed by federal officials and would clarify that VA doctors can recommend medical marijuana to their patients. The bill is not yet available on the congressional website, but the text is available here.

Arkansas Medical Marijuana Expansion Bill Dies. A bill that would have added 13 qualifying conditions to the state's medical marijuana law was killed Wednesday after state health officials maintained the drug causes harm. More than a dozen people spoke in favor of  HB 1150, to no avail.

Asset Forfeiture

Ted Cruz Wants El Chapo to Pay for the Border Wall. Sen. Ted Cruz (R-TX) is using the conviction of Sinaloa Cartel head Joaquin "El Chapo" Guzman to flog a bill he introduced last month that would use assets seized from Mexican drug cartels to build a wall on the US-Mexico border. "America’s justice system prevailed today in convicting Joaquín Guzmán Loera, aka El Chapo, on all 10 counts. U.S. prosecutors are seeking $14 billion in drug profits & other assets from El Chapo which should go towards funding our wall to #SecureTheBorder," Cruz wrote in a tweet. The bill is S. 25, cutely titled the Ensuring Lawful Collection of Hidden Assets to Provide Order Act or the EL CHAPO Act. Companion legislation has also been filed in the House.

Law Enforcement

Old Drug Warrior William Barr Confirmed as US Attorney General. The Senate confirmed William Barr as attorney general Thursday on a 54-45 vote. Only three Democrats—Sens. Kyrsten Sinema (AZ), Doug Jones (AL), and Joe Manchin (WV) voted in favor of Barr, while Sen. Rand Paul was the only Republican to oppose his nomination. His nomination was opposed by drug reformers who cited his record as a drug war hardliner while serving as attorney general under President George HW Bush.

International

European Parliament Approves Resolution to Advance Medical Marijuana. The European Parliament voted Wednesday to approve a resolution aimed at advancing medical marijuana in countries that form the European Union. The non-binding resolution seeks to provide incentives to member states to increase access to medical marijuana and prioritize medical marijuana research and clinical studies.

Brazil Drug War "Shoot to Kill" Policy Bears First Fruit—13 Dead in Rio. Police engaged in drug raids under the aggressive policies of state Gov. Wilson Witzel, who campaigned on using "shoot to kill" tactics against armed drug gang members, killed at least 13 people in the Fallet/Fogueteiro favela in central Rio de Janeiro last Friday. But relatives of the dead and witnesses said some were gang members but had surrendered their weapons before being executed and two others were teenagers with no gang links who were tortured and executed in their own homes. The killings led to a heated public meeting to demand justice in the favela on Tuesday, but analysts said to expect more: "It’s a very symbolic operation," said Ignacio Cano, a professor of sociology at the State University of Rio, who said he expects police killings to rise: "Everything indicates there will be an increase because there is an open encouragement from both the federal and state government." Cano, compared the killings to the extrajudicial executions of drug users in the Philippines under Rodrigo Duterte and said there were indications of "summary executions."

Chronicle AM: Brazil Call for Drug Decriminalization, HI Legalization Bill Advances, More... (2/8/19)

The first state-level bill to legalize some psychedelics has been filed in Iowa, a marijuana legalization bill advances in Hawaii, so does asset forfeiture reform in New Jersey, a Brazilian committee of experts recommends drug decriminalization, and more.

An Iowa Republican has become the first legislator in the country to file a bill for the legalization of some psychedelics/
Marijuana Policy

US Senate Marijuana Legalization Bill S.420 Filed. Sen. Ron Wyden (D-OR) has filed a marijuana legalization bill, S.420. The bill would remove marijuana from the Controlled Substances Act, establish a federal excise tax on marijuana, and create a system for permitting legal marijuana commerce.

Hawaii Marijuana Legalization Bill Advances. The Senate Judiciary Committee voted unanimously Thursday to approve a marijuana legalization bill, SB 686. The bill would allow adults to grow, consume, and possess small amounts of marijuana, set up a regulated system of marijuana commerce, and enact a 15% excise tax. The bill will likely have to go through two more committees before heading for a Senate floor vote.

Oregon Bill to Allow Legal Marijuana Exports Gets Hearing. A bill that would open the way for Oregon to export surplus legal marijuana to adjoining states got a hearing in the in the legislature Thursday. The state is suffering from chronic legal marijuana surpluses, and SB 582 aims to address that by allowing for the export of surplus crops. There is little chance the bill will pass this year, but it should lay the groundwork for Oregon marijuana exports once the federal government ends pot prohibition.

Medical Marijuana

Colorado Bill to Protect Patients' Gun Rights Killed. A bill intended to protect the ability of medical marijuana patients to obtain and maintain concealed carry weapons permits died on a party-line vote Wednesday. SB 93, sponsored by Sen. Vicki Marble (R-Fort Collins), was killed in the Senate State, Veterans, and Military Affairs Committee. Marble said the Democrats' decision to kill the bill was unfair to medical marijuana users, but not unexpected. "They don’t want to pass a gun bill," Marble said of the committee, on which she also sits. "Anything to do with guns they’re not going to vote on."

Kansas Medical Marijuana Bill Filed. A bipartisan group of legislators has proposed a new medical marijuana bill, HB 2163. The bill would limit access to medical marijuana to only veterans for the first 60 days after the bill passes, but then open it up to the public.

Psychedelics

Iowa Bills Would Legalize Magic Mushrooms, Some Psychedelics for Medical Purposes. Rep. Jeff Shipley (R-Fairfield) has filed a pair of bills to open the door to the use of some psychedelics for medical purposes. One bill, HF 249, would allow the state board of pharmacy to reclassify such drugs for medicinal use, while the other bill, HF 248, would remove psilocybin and psilocin, the chemicals that put the magic in magic mushrooms, from the state's schedule of controlled substances. The filings mark the first time any legislature will have taken up the issue of legalizing drugs other than marijuana.

Asset Forfeiture

New Jersey Civil Asset Forfeiture Reform Package Advances. A package of bills that aim to increase fairness and transparency in civil asset forfeiture proceedings were approved by the Assembly Law and Public Safety Committee Thursday. AB 4969 would establish the “Fairness in Asset Forfeiture Proceedings Task Force” to study the nature, extent, and consequences of the lack of legal representation of certain New Jersey residents in asset forfeiture proceedings. AB 4970 would require a criminal conviction for forfeiture of certain seized property. AR 222 urges the New Jersey Supreme Court to study the reasonableness of lowering court fees in civil asset forfeiture cases, while AB 3442 establishes asset forfeiture reporting and transparency requirements. The legislation now heads to the Speaker for further consideration.

Harm Reduction

Maine Governor Moves to Increase Access to Medication-Assisted Treatment in Jails and Prisons. Gov. Janet Mills (D) issued an executive order Wednesday to increase access to medication-assisted treatment for opioid addiction among prisoners in the state's jails and prisons. Under Mills' predecessor, Tea Party Republican Paul LePage, the state Department of Corrections and most jails had policies explicitly prohibiting such treatment.

International

Brazil Committee Studying Country's Drug Laws Calls for Drug Decriminalization. A committee of legal scholars and health experts appointed last year by House Speaker Rodrigo Maia has presented its report, and the report calls for the decriminalization of up to 10 personal use doses of all illicit drugs. It also recommended what those amounts should be. The report is certain to stir controversy in what is now one of the most conservative legislatures in Brazilian history.

Chronicle AM: NY Cops Oppose Pot Legalization, MD Legal Pot Bills Filed, TX MedMJ Bills, More... (2/7/19)

A House committee will take up legal marijuana banking issues next week, NY cops oppose legalization there, Maryland sees pot legalization bills filed, Texas sees medical marijuana bills filed, and more.

Marijuana Policy

Marijuana Banking Issues to Get House Hearing Next Week. In a refreshing change from the era of Republican control of the House, the Democratic leadership is ready to move on marijuana-related issues. A subcommittee of the House Financial Services Committee will hold a hearing on "Challenges and Solutions: Access to Banking Services for Cannabis-Related Businesses" next Wednesday.

Georgia Pot Decriminalization Bill Gets Hearing. A bill to decriminalize the possession of small amounts of marijuana, SB 10, got a hearing in the Senate Judiciary Committee Wednesday. The bill would make possession of a half-ounce or less an offense punishable by no more than a $300 fine and possession of under two ounces would be a misdemeanor. Under current state law, possession of more than an ounce is a felony.

Maryland Pot Legalization Bills Filed. State lawmakers in both chambers filed legislation Wednesday that would end marijuana prohibition in Maryland. SB0771, sponsored by Sen. William C. Smith, Jr. (D-Takoma Park), and HB0656, sponsored by Del. Eric Luedtke (D-Silver Spring), would make marijuana legal for adults 21 and older and establish a system in which cannabis is regulated and taxed for adult use. Past convictions for cannabis possession and cultivation would be automatically expunged. Del. David Moon (D-Takoma Park) filed a constitutional amendment, HB0632, which would establish a similar system. If enacted, it would be placed on the ballot and decided by Maryland voters in November.

New York Police Unions Oppose Pot Legalization. The state association of police unions unanimously opposes efforts to legalize marijuana. "We wanted to be on the record that we oppose it because it's an act of total irresponsibility," Michael Palladino, head of the New York Association of Police Benevolent Associations said Wednesday. "The Governor and lawmakers are trading public safety for a money grab to plug a budget deficit arising from mismanagement of taxpayer funds. Jeopardizing the public’s safety is not something cops support."

Medical Marijuana

Arkansas Medical Marijuana Cards Valid Beginning Next Week. If you're a registered medical marijuana patient, the card is in the mail. The state Department of Health says more than 7,000 patient ID cards are being sent out now and will be active beginning next Friday.

Kansas Medical Marijuana Bill Filed. A bipartisan group of legislators filed a bill to legalize medical marijuana Wednesday. The measure, HB 2163, is not yet available on the legislative website but would provide registration for patients and licenses for medical marijuana growers and distributors and medical marijuana dispensaries. The bill would also establish the cannabis regulatory commission and taxation of cannabis.

Texas Medical Marijuana Bills Filed. The legislature will grapple with at least four different medical marijuana bills this session. The state already allows for the use of CBD cannabis oil for epilepsy, but these bills would all expand on that. Rep. Gina Hinojosa (D-Austin) has filed HB 122, which would legalize medical marijuana. Rep. Ron Reynolds (D-Missouri City) and Sen. José Menéndez (D-San Antonio) have proposed HB 209/SB 90. The bills would allow Texans with certain debilitating medical conditions to grow their own marijuana plants for personal use and would also create a licensing process for dispensaries and testing facilities. And Rep. Terry Canales (D-Edinburg) has filed HB 551. It would allow Texans who can currently use low-THC medical cannabis under the state's Compassionate Use Act to possess marijuana concentrate.

Asset Forfeiture

Utah Civil Asset Forfeiture Reform Bill Advances. Despite strong opposition from law enforcement, a bill that would require that all civil asset forfeiture cases be initially screened in state courts has advanced in the Senate. The measure, SB 109, passed the Senate Judiciary, Law Enforcement and Criminal Justice Committee Wednesday on a 4-1 vote. The bill would also mandate that seized funds go not to the seizing agency but to a grant fund operated by the state Commission on Criminal and Juvenile Justice.

Chronicle AM: Feds Move Against Philly Safe Injection Site, MA Heroin OD Death Case, More.... (2/6/19)

Pushback against marijuana legalization emerges in Illinois and New York, the federal prosecutor in Philadelphia has moved to block a supervised injection site, the Massachusetts Supreme Judicial Court will decide on whether an involuntary manslaughter charge is appropriate in a heroin overdose death case, and more.

Massachusett's highest court will decide if sharing heroin with someone who ODs is involuntary manslaughter. (Creative Commons)
Marijuana Policy

Illinois Catholic Bishops Oppose Marijuana Legalization. The bishops in charge of all six of the state’s Catholic dioceses have unsurprisingly come out against efforts in the state legislature to legalize marijuana. "As lawmakers consider this issue, it is important to remember they are not only debating the legalization of marijuana, but also commercialization of a drug into an industry the state will profit from," the bishops said in a statement. "In seeking the common good, the state should protect its citizens."

New York PTA Opposes Marijuana Legalization. The New York State Parent Teacher Association has Gov. Andrew Cuomo's (D) and the legislature's push to legalize marijuana.  is urging Gov. Andrew M. Cuomo and state lawmakers to rethink their push to legalize adult-use marijuana. "In 2017 the American Medical Association stated that marijuana is a dangerous drug, a serious public health concern and that the sale of marijuana for recreational use should not be legalized," State PTA Executive Director Kyle Belokopitsky said in a statement. "We need to listen to experts on this and must do more to protect our children from substance use disorders. This is the wrong move for New York state, our children and their families." The bill the governor has proposed requires New Yorkers to be at least 21 years of age to consume marijuana.

Medical Marijuana

Nebraska Medical Marijuana Initiative Backers File Proposed Language. A group calling itself Nebraskans for Sensible Marijuana Laws submitted its proposed language for a medical marijuana ballot initiative Tuesday. If approved for signature gathering, the initiative will need about 130,000 valid voter signatures to qualify for the 2020 ballot. The move comes after the state legislature has refused for years to pass legislation, but initiative organizers say they would prefer to achieve their goals by passing Legislative Bill 110, which is pending this session.

Asset Forfeiture

Hawaii Civil Asset Forfeiture Reform Bill Wins Senate Committee Vote. The Senate Judiciary Committee voted unanimously Tuesday to approve SB 1467, which would end civil asset forfeiture in the state. The bill now goes to the Senate Ways and Means Committee before heading to a Senate floor vote. 

Harm Reduction

Eastern Pennsylvania US Attorney Files Lawsuit to Block Philadelphia Supervised Injection Site. US Attorney for the Eastern District of Pennsylvania William McSwain announced at a Wednesday morning news conference that he had filed a lawsuit aimed at blocking Philadelphia from becoming the first city in the nation to host a supervised injection site. His lawsuit asks a federal judge to declare such a facility illegal under federal law. McSwain said that by seeking a civil ruling before the site became operational, his office could avoid having to resort to making criminal arrests and prosecutions and/or forfeiture proceedings. McSwain's move comes after city officials have spent more than a year preparing to get a site up and running.

Sentencing

Massachusetts Supreme Judicial Court to Decide on Appropriate Penalty for Supplying Heroin in Overdose Cases. The state's highest court will decide whether a UMass-Amherst student who jointly procured heroin with a friend who subsequently overdosed and died from the drug can be charged with involuntary manslaughter based on wanton or reckless conduct and drug distribution. In oral arguments Monday, the student's attorneys noted that while other had been charged with involuntary manslaughter in overdose deaths, their client had not injected the victim with heroin, supplied him with other drugs, or knew of any prior overdoses. The court is not expected to rule on the case for four or five months.

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

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

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

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

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

Medical Marijuana

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

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

Hemp

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

Asset Forfeiture

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

Harm Reduction

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

Law Enforcement

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

International

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

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