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Chronicle AM: Harborside Loses Pot Tax Case, Hemp in Final Version of Farm Bill, More... (11/30/18)

The US Tax Court has ruled against Harborside being able to deduct standard business expenses, a hemp provision is in the final version of the farm bill, Mexico and the US disagree over Mexican heroin production levels, and more.

Pot shops can't deduct standard business expenses, the US Tax Court ruled in a case Thursday. (Sonya Yruel/DPA)
Marijuana Policy

California Dispensary Loses in US Tax Court. In a decision Thursday, the US Tax Court rejected a bid from Harborside Health Center to be able to declare normal business expenses on its taxes. The court held that Harborside was "engaged in only one trade or business, which was trafficking in a controlled substance" and since Section 280E of the internal revenue code bars criminal enterprises from taking the expense deduction, "Section 280E prevents [Harborside] from deducting ordinary and necessary business expenses."

Michigan Republican Lawmaker Files Bill to Ban Home Growing. Republican Senate Majority Leader Arlan Meekhof (R-West Olive) on Thursday filed a measure, SB 1243, which would ban the home grows included in the marijuana legalization initiative approved by voters earlier this month. Under the initiative, adults can grow up to 12 plants for personal use in their homes, but that's got Meekhof worried: "People don’t get to make alcohol and serve it in unregulated bars to anyone they want to. Homegrown marijuana is basically unregulated," he said. "It should be in some regulated form, so we have consistency and safety. It’s a mind-altering substance like alcohol. It should be somehow controlled." Meekhof seems to have forgotten that Michigan allows the unregulated home production of up to 200 gallons of beer a year.

Industrial Hemp

Hemp Legalization Included in Final Farm Bill. A provision to legalize industrial hemp will be included in the 2018 farm bill, Senate Majority Leader Mitch McConnell (R-KY) and top figures in the House Agriculture Committee confirmed Thursday. Legislators in the House and Senate agricultural committees said they had reached an agreement on principle on the bill and are now finalizing the language.

Law Enforcement

Houston Drug Sting Leaves Two Dead, Seven Arrested. A drug sting operation involving a multi-jurisdictional task force including the DEA, Houston Police, and a SWAT team left two men dead and seven under arrest. Task force agents met with several known drug dealers, one of whom allegedly fired on SWAT officers moving in to make arrests. He was shot and killed by a SWAT officer. A second man fled the scene, but was found by a police dog and brought back to the scene, where he complained of problems breathing and then died despite efforts by tactical medics to revive him. The seven men arrested face federal drug charges.

International

Mexico Disputes US Heroin Production Estimates. The Mexican government and the UN Office on Drugs and Crime said Thursday that opium poppy production in the country last year encompassed some 75,000 acres, far less than the 110,000 acres estimated by the US earlier this month. The Mexicans also said they had eradicated more than 90% of the crop, which would leave only enough for about 900 kilograms of heroin. The US estimated that Mexico produces 111 tons of heroin last year. 

Chronicle AM: MA First Day MJ Sales Draws Crowds, Afghan Opium Crop Down, More... (11/21/18)

People lined up to buy legal marijuana in Massachusetts Tuesday, Connecticut's governor says legalization is a priority for him, Afghan opium production is down, but still at high levels, and more.

Afghan opium cultivation is down 20% this year, but is still the second highest figure on record. (UNODC)
Marijuana Policy

Connecticut Governor Says Legalization a Priority. Incoming Gov. Ned Lamont (D) said Monday he intended to make marijuana legalization a priority next year. "We're going to have a legislative session. It's going to be one of the priorities we got," Lamont said. "It's something I would support, and I don't want the black market controlling marijuana distribution in our state. I think that's a lousy way to go. Canada, Massachusetts, others are doing it," he added. "That's going to lead to some enforcement things. In the meantime, we enforce Connecticut laws."

Massachusetts' First Day Legal Pot Sales Draws Crowds. Hundreds of marijuana lovers lined up before dawn Tuesday to be among the first people on the East Coast to be able to legally purchase recreational marijuana. The crowds brought gridlock to Leicester's Main Street as they gathered to buy weed. By noon there was an approximately three-hour wait in the cold, wet weather to get inside.

International

UNODC Says Afghan Opium Production Drops, But Still at High Levels. The UN Office on Drugs and Crime reported Wednesday that opium cultivation in Afghanistan is down 20% this year compared to 2017, but was still the second-highest measure of poppy cultivation since UNODC starting monitoring in 1994. UNODC cited a severe drought and declining opium prices for the decline.

Mexico's President Presents Plan for National Guard to Fight Drug War. President-elect Andres Manuel Lopez Obrador (AMLO) on Tuesday submitted a bill for a new national guard to replace the military in the fight against organized crime. The bill would create a force 50,000 strong drawn from the ranks of the armed forces and police, but critics point out to failed previous reorganizations of the anti-drug apparatus as well as warning the move could further militarize the country's drug war.

Chronicle AM: Judiciary Committee Change, Massachusetts Marijuana Sales, More... (11/19/18)

There's a changing of the guard at the top of the Senate Judiciary Committee, a Pennsylvania medical marijuana patient sues over gun access, a new report finds fake and counterfeit drugs killing tens of thousands each year in Africa, and more.

Massachusetts will see its first marijuana stores open this week. (Sondra Yruel/Drug Policy Alliance)
Marijuana Policy

Graham to Replace Anti-Marijuana Hardliner Grassley as Head of Senate Judiciary Committee. Sen. Chuck Grassley (R-IA) announced last Friday that he is stepping down as chairman of the Senate Judiciary Committee. He will be replaced by Sen. Lindsey Graham (R-SC), who, while not exactly a friend of marijuana law reform, is not nearly as oppositional as Grassley. While Grassley has stifled marijuana bills during his tenure as chair, Graham has cosponsored bills to protect legal medical marijuana states from federal interference, reschedule marijuana, and remove CBD from the list of banned substances. (Grassley has also been a champion late in his career for enacting at least modest criminal justice and sentencing reform.)

Massachusetts's First Marijuana Stores to Open Tuesday. Slightly more than two years after voters approved marijuana legalization, the state's first retail marijuana outlets are set to open their doors tomorrow. The state Cannabis Control Commission announced last Friday that retail shops in Leicester and Northampton had received final sign-offs to start selling recreational weed.

Medical Marijuana

Indiana Poll Finds Strong Support for Medical Marijuana. Even in red-state Indiana, they like their medical marijuana, a new poll finds. The poll from Ball State University finds that 81% of Hoosiers believe marijuana should be legal for medical reasons. The poll had support for full legalization at only 39%.

Pennsylvania Doctor and Medical Marijuana Patient Sues for Right to Own a Gun. A Philadelphia physician who is also a medical marijuana patient filed a lawsuit in federal court last Thursday challenging a federal law that prevents him from owning a firearm because he uses medical marijuana. Dr. Matthew Roman was blocked from buying a gun earlier this year when he honestly answered a question about marijuana use. Roman's lawsuit claims that the blanket prohibition against marijuana users violates the constitutional rights of tens of thousands of nonviolent, law-abiding American citizens. The filing, in US District Court for the Eastern District of Pennsylvania, claims the law violates both the Second and Fifth Amendments of the Constitution.

Harm Reduction

Opioid Reversal Drug Company Gouged Taxpayers With 600% Price Increase. A new report from the Senate's Permanent Subcommittee on Investigations finds that a pharmaceutical company "exploited the opioid crisis" to gouge taxpayers by increasing the price of its overdose reversal drug by 600% between 2014 and 2017. The report found that the company Kaléo raised the price of its drug EVZIO from $575 in 2014 to $4,100 in 2017. EVZIO is an auto-injector form of the drug naloxone. The price hikes cost taxpayers more than $142 million over the past four years in Medicare and Medicaid charges.

International

Fake and Counterfeit Drugs Are Killing Thousands in Africa, Report Finds. A new European Union-funded report finds that tens of thousands of Africans are dying because of fake and counterfeit drugs. Fake or substandard anti-malarial drugs alone were linked to anywhere between 64,000 and 158,000 deaths each year, the report found. The fake drugs are especially entrancing to the region's poor, who often cannot afford prescribed drugs and turn to the streets to buy cheaper alternatives. "So this is a criminal activity, you can focus on and try to find the source of this. The problem is also the access of the real medicine, the cost to buy them is too high so poor people are just despaired (they despair) to find something, anything that they think could help them," said Ruth Dreifuss, Chair of the Global Commission on Drug Policy.

Mexico Supreme Court Rejects Law Regulating Tr0ops Fighting Drug Cartels. In a 9-2 decision last Thursday, the nation's highest court threw out a new law aimed at regulating the use of the military to fight drug cartels. The law was meant to set out rules of engagement for the armed forces in their fight with organized crime, but human rights groups warned it could clear the way for more military human rights abuses. The court ruled that Congress does not have the power to legislate on "domestic security" and only the executive can dispatch troops. The court ruling came a day after incoming security minister Alfonso Durazo said there was "no way" to withdraw the military from the fight because it is more trustworthy than the police.

Chronicle AM: Fed Sentencing Reform Bill Looms, HHS Recommends Kratom Ban, More... (11/13/18)

Congress could move on both sentencing reform and industrial hemp in the lame duck session, HHS recommends banning kratom, Thailand moves to legalize and regulate both kratom and medical marijuana, and more.

Despite spending $8 billion to suppress the poppy crop, the situation in Afghanistan is "worse than ever," a new report finds.
Sentencing Reform

Federal Sentencing Reform Bill Set to Advance. Key senators have reached a tentative agreement on a major criminal justice reform bill that is being supported by presidential advisor and Trump son-in-law Jared Kushner. The proposed legislation would boost rehabilitation efforts for federal prisoners and give judges more discretion when sentencing nonviolent offenders, particularly for drug offenses. The measure has support from both liberal and conservative groups, ranging from the ACLU to the Fraternal Order of Police and groups supported by the Koch brothers.

Marijuana Policy

Michigan Prosecutors Start Dropping Marijuana Cases. Local prosecutors are beginning to announce the dropping of charges in pending marijuana cases after voters last week voted to legalize the drug. Genesee County Prosecutor David Leyton said last Friday that "there will no longer be any prosecutions for possession or use of marijuana" in his jurisdiction, and other DAs are expected to follow suit.

Texas Lawmaker Files Marijuana Decriminalization Bill. State Rep. Joe Moody (D-El Paso) has prefiled a marijuana decriminalization bill for the 2019 legislative session. "Civil penalty legislation is the first thing I've filed on the first day of filing for the 86th Session. There's been an incredible swell of bipartisan support since last session, and the official Texas Republican and Democratic platforms both approve of this kind of reform now," Moody said in a press release. "I'm optimistic that this will be the session we finally see smarter, fairer marijuana laws in Texas."

Medical Marijuana

Connecticut Adds Chronic Neuropathic Pain to List of Qualifying Conditions. The General Assembly's Regulations Review Committee has agreed that chronic neuropathic pain associated with degenerative spinal disorders is eligible for treatment with the drug. That makes it the 31st specific condition considered a qualifier for medical marijuana.

Industrial Hemp

McConnell Says Hemp Provision Will Be in Farm Bill. Senate Majority Leader Mitch McConnell (R-KY) said Friday that completing work on a new farm bill is a top priority and that a provision to fully legalize hemp cultivation will be included.

Kratom

HHS Recommends Banning Kratom. The Department of Health and Human Services has recommended that kratom be placed in Schedule I of the Controlled Substances Act. HHS sent a letter to the DEA saying that two chemicals in the herbal supplement should be Schedule I. The recommendation is in line with past public statements from FDA Commissioner Scott Gottlieb, who calls kratom "an opioid" and says it has been "associated" with dozens of deaths.

International

Thai Congress Proposes Legalizing Kratom, Medical Marijuana. The National Legislative Assembly has officially proposed allowing the licensed use of medical marijuana and kratom. The two drugs would be placed in a legal category that would allow their licensed possession and distribution. The Health Ministry will review the proposal before submitting it to the cabinet, which could amend it before returning it to the legislature. The entire process could be completed by year's end.

Foreign Policy

Afghan Opium Problem "Worse Than Ever," Inspector General's Report Finds. Despite the US spending more than $8 billion to reduce opium cultivation in Afghanistan, the problem is "worse than ever," a new report from the Special Inspector General for Afghanistan Reconstruction (SIGAR) finds. "No counterdrug program undertaken… by the United States, its coalition partners, or the Afghan government resulted in lasting reductions in poppy cultivation or opium production," the report stated.

Chronicle AM: Legal MJ Shortages, Mexico to Move Toward Legal MJ Market, More... (11/3/18)

The Granite State has a new guide to marijuana legalization, ONDCP releases coca cultivation and cocaine production figures for Peru and Bolivia, Canada suffers legal pot shortages, and more.

North America is becoming a very weed-friendly continent. (Creative Commons)
Marijuana Policy

New Hampshire Commission Issues Marijuana Legalization Report. The Commission to Study the Legalization, Regulation, and Taxation of Marijuana has released its report, complete with 54 separate recommendations on how legalization should be implemented. Among them are creating a state-level Cannabis Commission to regulate it, similar to the way the state regulates alcohol. The group estimated that legalization could bring in revenue of $36.6 million a year once the market stabilizes, and possibly reaching $47 million. The report is designed to help guide any legislative moves toward legalization.

Medical Marijuana

Iowa Regulators Reject Bid to Raise THC Cap on New Medications. The state's Medical Cannabinoid Board voted unanimously last Friday to rebuff an effort to raise the 3% THC cap on new medications. Proponents argued that more THC is more effective in treating some conditions, while critics worried that lifting the limit could encourage abuse. "I'd like to get another year or two under our belts and see how people respond with the current THC cap," said board member Lonny Miller, a family physician from Creston.

Foreign Policy

ONDCP Releases Data on Coca Cultivation and Cocaine Production in Peru and Bolivia. The White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) released the US government's annual estimates of coca cultivation and cocaine production for Bolivia and Peru last Friday. Although Peru produces more coca and cocaine than Bolivia, and although Peru's coca cultivation and potential cocaine production are trending up while Bolivia's are trending down, ONDCP was more critical of Bolivia. "The ongoing coca --cultivation in both Peru and Bolivia pose a threat for us as a nation, and aggravates our domestic drug addiction crisis," said ONDCP Deputy Director Jim Carroll. "It is important that our governments work together to take action against cultivation and production, and to save lives of those affected by drug trafficking. Peru continues to be a great partner and we have a shared responsibility to address this problem. In Bolivia, we would like to see real efforts against cultivation and production."

International

Canada Struggles to Meet Huge Demand for Legal Marijuana. Just two weeks after legal retail marijuana sales began, Canadian pot retailers -- both physical and online -- are having problems dealing with unexpectedly high demand. In much of the country, the legal supply has almost entirely dried up. "There is not enough legal marijuana to supply all of recreational demand in Canada," said Rosalie Wyonch, a policy analyst at the CD Howe Institute. "The shortages are happening faster than I would have expected, but our research suggested quite strongly that there would be shortages in the first year of legalization."

Colombia Announces New Strategy to Disrupt Drug Trade. Last Thursday, Colombian Attorney General Nestor Humberto Martinez announced a new "disruption policy" of going after the cocaine trade by cutting access to alkaloids and power sources in rural areas. He called for "petrochemical innovation" so that fuels stop yielding the factors needed to create cocaine hydrochloride, as well as restricting the sale of government-subsidized gasoline in cocaine and marijuana producing regions. But one analysis says the proposals "might sound innovative on paper but are unlikely to have a major impact on the drug trade and may end up hurting long-suffering residents."

Mexico's Ruling Party Plans Legislation To Legalize Marijuana Sales. Less than a week after the country's Supreme Court ruled that laws barring the personal use, possession, and cultivation of marijuana are unconstitutional, key figures in the ruling MORENA Party are already moving to craft legislation to create a legal marijuana market. First, they say, they will move to repeal the now null and void criminal laws against marijuana, and then, "We are going to take a step forward in the regulation that may already involve the production, marketing and distribution of marijuana," said Olga Sánchez Cordero, a senator who is expected to become interior secretary in the incoming government of President-elect Andrés Manuel López Obrador. "I say it from the heart: we celebrate it, the Court is setting a marvelous precedent for us to walk in that direction," Sánchez added.

Chronicle AM: MA Pot Shops to Open This Month, Coca Comes to Central America, More... (11/2/18)

A record number of gubernatorial candidates are endorsing marijuana legalization, Bay State pot shops will be open this month, cartels are experimenting with coca production in Central America, and more.

A cocaine lab discovered by Honduran authorities last year. (Honduran Prosecutor's Office)
Marijuana Policy

Record Number of Governor Candidates Call for Marijuana Legalization. A new analysis from Marijuana Moment finds that at least 21 major party gubernatorial candidates support legalizing marijuana, far more than any previous election cycle. But there are differences: Some candidates make legalization a centerpiece of their campaigns, while others embrace it only reluctantly or if pressed on the issue. For a list of those pro-legalization would-be governors, click on the link.

California Cities, Counties to Vote on Marijuana Taxes. More than two dozen cities and counties will have marijuana taxation proposals on their local ballots next week. Among the most controversial proposals is a San Francisco move to impose a 5% tax on gross sales receipts. That would come on top of the 15% state retail tax and the city's 8.75% sales tax, meaning pot sales would be taxed at a whopping 28.75%. The fear is the high levels of taxation will drive potential purchasers to the black market.

Massachusetts Legal Marijuana Sales to Begin This Month, State Says. The chairman of the state's Cannabis Control Commission said Thursday that legal marijuana sales would get underway "within the next week or two" after final inspections of pot shops are performed. "Everything is happening as quickly as we can," Chairman Steven Hoffman said. "There are no lags. We're working closely with the licensees so they understand the process. We're getting very close." It's been two years next week since Bay State voters approved marijuana legalization.

Medical Marijuana

First FDA-Approved Marijuana-Based Drug Now Available by Prescription. As of Thursday, the marijuana-based drug Epidiolex is now available by prescription in all 50 states. The FDA approved the drug in June, but manufacturer GW Pharmaceuticals had to wait for the DEA to reclassify its compounds out of Schedule I before it could begin selling it. That has now happened. Epidiolex is used for treating a rare form of epilepsy and a genetic btylerain dysfunction called Dravet syndrome, both of which can cause seizures.

International

Cocaine Production Beginning to Pop Up in Central America. Cocaine production is starting to pop up in Central America, a development that could bring the supply of the drug closer to the US. Officials in Guatemala and Honduras have found at least four separate coca plantings this year and last year. Although the total acreage involved -- about 125 acres -- is a tiny fraction of total coca planting, local officials said the fields constituted pilot projects by drug cartels exploring whether they can reduce transportation costs and risk by moving their product from major cocaine-producing countries to Central America.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: NY Senate Report on Opioids, WY Marijuana Poll, More... (10/25/18)

A new poll has marijuana legalization on the cusp of majority support even in Wyoming, the New York state Senate releases its report on the state's opioid crisis, and more.

Will Russia join the list of medicinal opium producers? (Creative Commons)
Marijuana Policy

New Jersey Marijuana Activists Urges Quick Action on Legalization. As the governor and the legislature work to find an agreement on a marijuana legalization bill, legalization supporters are growing impatient. "There's been hearings, there's been committee meetings, there's a lot of discussions, there's a lot of science behind it but right now it's getting very frustrating," said. New Jersey CannaBusiness Association President Scott Rudder. "We understand the process takes time -- but enough is enough. "We need to get past this, we need to resolve some of these issues. It's very frustrating." Gov. Phil Murphy (D) had called for legalization within 90 days of his January inauguration, then it was supposed to be voted on this month, and the latest is by year's end. Stay tuned.

Wyoming Poll Has Legalization on Cusp of Majority Support. A new poll from the Wyoming Survey and Analysis Center at the University of Wyoming shows nearly half of Wyoming residents -- 49 percent -- support legalization of marijuana for recreational use. That number is significantly higher when the question comes to medical marijuana, with 86 percent supporting legalization in that form. And 69 percent of residents think possession of a small amount of the drug shouldn't lead to jail time. The poll also notes that there has been a a statistically significant increase in positive views on marijuana legalization compared to polls from 2014 and 2016.

Heroin and Prescription Opioids

New York Senate Heroin Task Force Releases Recommendations, Findings in New Report. The State Senate Task Force on Heroin and Opioid Addiction on Wednesday released its 2017-2018 report, including 11 recommendations on ways the state should address the opioid crisis. The committee wants the state to create "Centers for Excellence on Substance Use Disorder" as a way to improve access to treatment in rural parts of the state, as well as increasing resources to healthcare workers trained to treat substance abuse disorders. The task force also calls for reducing the cost of Naloxone, limits on opioid prescriptions, and tougher penalties for dealers whose drug sales result in fatal overdoses.

International

Russia Moves Toward Allowing Medicinal Opium Planting. A government commission has approved a draft law that would allow the cultivation of opium for medicinal purposes, citing the fact that most legal medicinal opium producing countries are participating in sanctions against Russia. "It is proposed to abolish the existing ban and determine the order of cultivation of plants for the production for medical purposes and veterinary medicine of narcotic drugs and psychotropic substances," the government press service reported.

Chronicle AM: Opioid Overdoses Decline, But Cocaine ODs at Record High, CDC Reports, More... (10/24/18)

The CDC's latest drug overdose numbers are out, Arizona's attorney general retreats on hashish, the Justice Department clears the way for harm reduction measures at music venues, and more.

Overall drug overdose deaths are finally declining, but cocaine deaths are rising, the CDC reports. (Creative Commons)
Marijuana Policy

New Jersey Marijuana Legalization Delayed Again, New Target is By Year's End. Top lawmakers now say they are no longer aiming at approving marijuana legalization by October 29, but are now looking at doing so before year's end. State Senate President Stephen Sweeney (D-Woodstown) and state Assembly Speaker Craig Coughlin (D-Middlesex) say they still need to iron out differences with Gov. Phil Murphy (D). It's not clear what those differences are.

Medical Marijuana

Arizona Attorney General Withdraws Arguments Saying Hash Isn't Medical Marijuana. Citing fears of unintended consequences for patients, Attorney General Mark Brnovich (R) on Monday withdrew his agency's arguments that the state's medical marijuana law doesn't include hashish. The state was responding to an appeal by a medical marijuana patient who was convicted of a felony for possessing 0.05 ounces of hash. "The last thing the attorney general wants is to deny medicine to legitimate patients that may be ingesting their marijuana an in extract or a tincture-type of a form," said his spokesman Ryan Anderson.

Cocaine

Cocaine Overdose Deaths at Record High, CDC Reports. The Centers for Disease Control and Prevention report that 14,205 Americans died of overdoses involving cocaine in the past 12 months, an all-time high. The country is awash in Colombian cocaine after two years of large coca crops there, but the CDC also warned that more and more cocaine is being laced with fentanyl, which is likely driving up overdoses.

Heroin and Prescription Opioids

Opioid Overdose Deaths Finally Declining, CDC Reports. The Centers for Disease Control and Prevention report that from April 2017 to March 2018, the number of fatal opioid overdoses declined by 2.3 percent compared to the 12 months ending in September 2017. "There are two major takeaways," said Leo Beletsky, a drug policy expert at Boston-based Northeastern University. "One is that we are not out of the woods yet, since these rates are still sky high. [And] we need to be doing much more of what works to get the rates down further."

President Trump Signs Opioid Package Today; Drug Policy Alliance Responds. President Trump Wednesday signed into law the omnibus opioid package aimed at curbing the overdose crisis. The package is the product of bipartisan efforts to pass opioid legislation in both the House and Senate in recent months. "This legislation takes some critical steps toward making lifesaving medication-assisted treatment more accessible, but should be seen as only one small step toward addressing overdose deaths rather than a comprehensive plan," said Grant Smith, deputy director of national affairs for the Drug Policy Alliance. "Missing from the package is a sustained commitment from Congress and the Administration to deliver funding for evidence-based treatments, like methadone and buprenorphine, at the levels needed to meet the demand. For decades our nation's treatment infrastructure has been short-changed, while billions of dollars have been poured into arresting and incarcerating people who use drugs. Trump's opioid package doesn't even begin to close this gap. The opioid package could do much more to expand life-saving tools, like naloxone distribution and supervised consumption services. While Congress should be applauded for not including new mandatory-minimum sentences in this package, it doesn't reflect the kind of bold and innovative action needed to address the crisis."

Harm Reduction

Justice Department Clarifies That Harm Reduction Measures at Music Events Don't Violate Federal Drug Laws. The Justice Department has conceded that the Illicit Drug Anti-Proliferation (IDAP) Act of 2003, which aims to punish people who operate facilities that knowingly allow or facilitate drug use, does not prevent venue owners from providing harm reduction services at their events. The clarification came after Virginia US Sens. Tim Kaine (D) and Mark Warner (D), acting on the request of harm reduction activist Deirdre Goldsmith, whose daughter died of heat stroke after taking MDMA, asked the DOJ to clarify.

Chronicle AM: Trump Marijuana Plans, More Cases Thrown Out in MA Drug Lab Scandal, More... (10/12/18)

Rep. Dana Rohrabacher (R-CA) says the president will move on marijuana policy after the election, the Supreme Court will hear an important asset forfeiture case later this year, thousands more drug defendants will see drug charges dismissed in the Massachusetts drug lab scandal, and more.

Rep. Dana Rohrabcher (R-CA) says the Trump administration will move on marijuana policy after the election. (house.gov)
Marijuana Policy

Trump Plans To Back Legal Medical Marijuana After Midterms, GOP Congressman Says. In an interview with Fox Business on Thursday, Rep. Dana Rohrabacher (R-CA) said that he had been talking with people inside the White House about ending marijuana prohibition. Rohrabacher added that he's been "reassured that the president intends on keeping his campaign promise" to protect state marijuana policies from federal interference. He didn't point to any specific legislation but said details would begin to take shape after the election. "I would expect after the election we will sit down and we'll start hammering out something that is specific and real," he said. "It could be as early as spring of 2019, but definitely in the next legislative session," he said.

Asset Forfeiture

Supreme Court to Hear Asset Forfeiture Case Later This Year. The US Supreme Court is set to hear oral arguments in an important asset forfeiture case on November 28. The case is Timbs (and a 2012 Land Rover) v. Indiana, in which Tyson Timbs appeals the seizure of his vehicle after he was arrested for selling heroin to undercover police officers. Timbs bought the vehicle with proceeds from his late father's life insurance policy -- not drug profits -- and argues that seizing the vehicle amounts to a violation of the 8th Amendment's ban on excessive fines. A state appeals court had overturned the seizure, calling it "grossly disproportional," but the state Supreme Court vacated that decision on the grounds the ban on excessive fines does not apply to the states.

Criminal Justice

Massachusetts High Court Orders Dismissal of Thousands of Cases in Drug Lab Chemist Scandal. The state's Supreme Judicial Court on Thursday ordered the dismissal of thousands of additional drug convictions due to the misconduct of Amherst drug lab chemist Sonja Farak, some dating back as far as 2004. "We conclude that Farak's widespread evidence tampering has compromised the integrity of thousands of drug convictions apart from those the Commonwealth has agreed should be vacated and dismissed," wrote Justice Frank Gaziano in the court's 61-page unanimous decision. "Her misconduct, compounded by prosecutorial misconduct, requires that this court exercise its superintendence authority and vacate and dismiss all criminal convictions tainted by government wrongdoing." Farak has pleaded guilty to stealing drug samples to feed her addiction. State prosecutors had already agreed to dismiss some 8,000 cases. Now there will be thousands more, though an exact number is not immediately available.

International

Colombia Coca Farmers Protest Against Forced Crop Eradication. Coca-growing peasants set up roadblocks on Thursday to protest against the forced eradication of coca crops and fumigation measures. The farmers in several municipalities of Norte de Santander are demanding to be included in the program of crop substitution so they have an alternative to growing coca. Farmers in Cucuta and El Zulia blocked two main local highways. They are members of the National Coordination of Cultivators of Coca, Poppy and Marijuana and the Campesino Association of Catatumbo.

Chronicle AM: New Pew Pot Poll, UK MedMJ, Mexico Opium Talk, More... (10/8/18)

A new Pew poll shows continuing majority support for marijuana legalization, Mexico's president-elect talks legalizing opium production for the medical market, Texas's governor gets behind reducing pot penalties, and more.

Mexican President-Elect Andres Lopez Manuel Obrador is talking about legalizing opium production again. (Creative Commons)
Marijuana Policy

New Pew Poll Has Continued Strong Support for Marijuana Legalization. More than six out of 10 Americans (62%) say marijuana should be legalized, according to a new Pew Research Center survey. That's largely unchanged from last year when the figure was 61%. Among Democrats, 69% support legalization; among independents, the figure is 75%, but only 45% of Republicans support it.

Texas Governor Proposes Lessening Possession Punishments. Gov. Greg Abbott (R) announced last Friday that he favors dropping the maximum penalty for marijuana possession from six months in jail to a fine and no jail time. Such a move would not be decriminalization, though, because possession would remain a misdemeanor, although a less serious one.

International

Ireland Should Decriminalize Drugs, Report Says. A new report from the Ana Liffey Project and the London School of Economics says treating people caught with small amounts of drugs as criminals is "counter-productive". Instead, the report says, such offenses should be decriminalized. "The evidence is pretty clear that decriminalization is the smarter way to deal with this issue, that you shouldn't be giving young people, or anyone for that matter, criminal records for possessing certain substances or consuming certain substances," said Dr. John Collins from the London School of Economics International Drug Policy Unit. "That, ultimately, is just an ineffective way and an ineffective use of police resources."

United Kingdom to Allow Medical Marijuana by Prescription Starting Next Month. Beginning next month, people in the UK will be able to obtain cannabis oil containing THC through prescriptions. The Home Office will reportedly announce the rescheduling of marijuana in parliament within the next two weeks, and patients will be able to obtain prescriptions within a matter of weeks after that.

Mexico President-Elect Says He Will Look at Legalizing Some Drugs. President-Elect Andres Manuel Lopez Obrador said Sunday he would consider legalizing certain drugs as part of a broader strategy to fight crime and poverty. He also said he would consider paying farmers more for their corn as a means of reducing the planting of opium.

Mexico Defense Minister Says Legalizing Opium for Medical Use a "Way Out" of Violence. Defense Minister General Salvador Cienfuegos said last Friday that legalizing opium for medicinal use could help reduce violence among drug gangs fighting over control of poppy fields and trafficking routes in the country's southwest. Legalization "is already on the table. I think it can be a way out of the problem," Cienfuegos said when asked about violence in the state and proposals to regulate opium production.

Drug War Issues

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