Drug Testing

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Chronicle AM: WH Opioid Panel Calls for Declaration of National Emergency, More... (8/1/2017)

Federal bills to legalize marijuana and allow drug testing of people seeking unemployment benefits get filed, the presidential commission on opioids issues a preliminary reports, the NFL offers to work with the players' union on medical marijuana, and more.

Marijuana Policy

With overdoses at record levels, Trump's presidential commission takes a largely public health approach to the crisis.
Corey Booker Files Federal Marijuana Legalization Bill. Sen. Cory Booker (D-NJ) filed the Marijuana Justice Act on Tuesday. The bill would remove marijuana from the Controlled Substances Act, punish states for disproportionately arresting or imprisoning poor people or minorities for marijuana offenses, prevent deportation for marijuana offenses, provide for resentencing of federal marijuana prisoners, and create a $500 million "Community Reinvestment Fund" for communities most negatively impacted by the war on drugs.

South Dakota Legalization Initiative Imperiled by Wording Error. A legalization initiative sponsored by New Approach South Dakota could be in trouble over a wording error. The way the measure is worded, it would, according to Legislative Council analysts, only legalize pot paraphernalia, not marijuana itself. The campaign said the problem is only a "typo" and can be fixed. Friendly legislators have offered to author a legislative fix if the initiative passes. Because of state initiative deadlines, it is too late for petitioners to start over in time to get on the November 2018 ballot.

Medical Marijuana

NFL Offers to Work With Players Union on Marijuana for Pain Management. The NFL has sent a letter to the NFL Players Association offering to work together with the union to study the possibility of marijuana as a pain management tool for players. The NFLPA is already conducting its own study and has yet to respond to the league's offer.

Ohio Medical Marijuana Rules Get Settled. A bipartisan legislative panel has decided not to modify more than a hundred separate rules proposed by the state Pharmacy Board and Department of Commerce to govern the state's nascent medical marijuana industry. That means medical marijuana growers, processers, sellers, testers, and users can now begin to get down to business. Growing operations are expected to start being licensed next month, and the whole system is supposed to be up and running by September 1, 2018.

Utah Poll Finds "Supermajority" Support for Medical Marijuana. Nearly four out of five (78%) Utahns favor a medical marijuana initiative now in the signature gathering phase of its campaign, according to a Dan Jones & Associates poll commissioned by the Salt Lake Tribune. The campaign is headed by the Utah Patients Coalition, which is acting after the state legislature baling at approving medical marijuana.

Drug Testing

Federal Unemployment Drug Testing Bill Filed. Rep. Buddy Carter (R-SC) has filed the Ensuring Quality in the Unemployment Insurance Program (EQUIP) Act, which would require people applying for unemployment assistance to undergo substance abuse screening and possible drug testing to receive benefits. "Unemployment is not for people who are abusing drugs and using that money to buy drugs but instead to help them get back on their feet," said Rep. Carter. "And we want to make sure that is what they are doing with it." People applying for those benefits have been laid-off from jobs for lack of work, not let go for drug abuse.

Heroin and Prescription Opioids

Presidential Commission Issues Belated Preliminary Report, Calls for Declaration of National Emergency. The presidential Commission on Combating Drug Addiction and the Opioid Crisis led by Gov. Chris Christie (R-NJ) issued a preliminary report on Monday whose lead recommendation is for the president "to declare a national emergency under either the Public Service Act or the Stafford Act." The report largely takes a public health approach to the issue, calling as well for expanding drug treatment capacity under Medicaid, increasing the use of medication-assisted treatment for opioid disorders, mandating that all police officers carry the opioid overdose reversal drug naloxone, broadening Good Samaritan laws, and encouraging the development of non-opioid pain relievers.

Chronicle AM: Congress Takes Up MJ This Week, Colombia Coca Violence Flares, More... (7/25/17)

Congress will take up several amendments relating to marijuana policy this week, Maine is getting closer to agreement on how to implement legalization, fighting in Colombia's coca country is generating refugee flows, and more.

Fighting at the edge of coca country in Colombia generated refugee flows last week. (dea.gov)
Marijuana Policy

Congress Takes Up Marijuana Issues This Week. The Congress will take up several marijuana-related amendments this week. The House will take up amendments seeking to allow veterans to get medical marijuana recommendations through the Department of Veterans Affairs. A similar measure has already passed the Senate Appropriations Committee. The Senate Appropriations Committee will take up renewing a federal ban on spending to interfere with state marijuana laws. The House version of the amendment has already passed the House Appropriations Committee. And the House Rules Committee will take up an amendment protecting water rights for state-legal marijuana growers.

Maine Lawmakers Near Agreement on Legal Pot Rules. The special legislative panel overseeing implementation of the state's voter-approved pot legalization law has nearly finished its work. It has already agreed to remove the cultivation cap in the initiative and to block regulators from setting limits on cultivators, while adding a six-month state residency requirement for growers and sellers aimed at limiting out-of-state companies from dominating the market. The panel is leaving local control alone, meaning localities could ban pot businesses. And while it hasn't agreed on a final tax rate yet, it looks like it will be relatively low compared to other legalization states, coming in at between 10% and 20%.

Drug Testing

Maine Labor Department Tells Employers Not to Test for Pot Pending Changes in State Law. The Labor Department said most businesses should not test workers and job applicants for marijuana because the state does not have laws on the books. The Labor Department urged the legislative panel charged with implementing legalization to write laws that would clearly spell out what testing regimes would be allowed.

International

Fighting in Colombian Coca Zones Displaces Hundreds. Colombian security forces and an "unidentified illegal armed group" have been engaged in armed clashes in the municipality of Hacari in Norte de Santander state for several days, according to the United Nations. As a result, more than 200 locals have fled. The area is near Catatumbo, where there is more coca than government presence, and where dissident leftish guerillas and rightist paramilitary forces have been active.

Chronicle AM: US Lawmakers Rip Duterte, Harris/Paul Senate Bail Reform Bill, More... (7/21/17):

A congressional panel ripped into Philippines President Duterte and his bloody drug war Thursday, Kamala Harris and Rand Paul file a bail reform bill, a South Carolina Republican congressman files a bill to allow drug testing of unemployment applicants, and more.

US Rep. Jim McGovern (D-MA) at hearing of congressional Tom Lantos Human Rights Commission Thursday. (TLHRC)
Marijuana Policy

Maine House Approves Bill Requiring Marijuana Be Tested for Safety. The House on Thursday overwhelmingly approved a bill that would require the state Agriculture Department to set up testing facilities for marijuana before it could be sold. This is the first bill from a special select committee of legislators charged with creating a regulatory regime for legal pot. It goes against the wishes of Gov. Paul LePage (R), who wants the Bureau of Alcoholic Beverages and Lottery Operations to be in charge of all legal marijuana regulations.

Criminal Justice

US Sens. Kamala Harris, Rand Paul File Federal Bail Reform Bill. Sens. Kamala Harris (D-CA) and Rand Paul (R-KY) filed the Pretrial Integrity and Safety Act of 2017 on Thursday. The purpose of the bill is "to encourage states to reform or replace the practice of money bail, the requirement that individuals awaiting trial remain in jail unless they pay for their release." Without being able to make bail, people charged -- but not convicted -- with a crime can spend weeks or months behind bars, with devastating consequences for employment, finances, and families. The bill is not yet available on the congressional web site.

Drug Testing

South Carolina Rep Files Federal Unemployment Drug Testing Bill. US Rep. Buddy Carter (R-SC) filed a bill on Thursday that would let states screen unemployment applications for drug use and force them to undergo drug testing in some circumstances. The bill would deny unemployment benefits for 30 days to anyone testing positive for drug use, and a second positive drug test would result in a year-long ban. The bill is not yet available on the congressional website.

International

US Lawmakers Rip Philippines Drug War Abuses. At a hearing of the Congress's Tom Lantos Human Rights Commission on Thursday, American lawmakers ripped into Philippines President Rodrigo Duterte over drug war abuses, including the killing of thousands of drug suspects, and called on President Trump to condemn Duterte -- and to rescind an invitation to visit the White House. Rep. Jackie Speier (D-CA) said she was "troubled" by the invite, while Rep. Jim McGovern (D-MA) said he would "lead the protest" if Duterte shows up. "President Duterte, by all accounts, seems to not have a high regard for human rights," McGovern said. "The United States government cannot afford any degree of complicity with the kinds of human rights violations that are occurring," he said. "No other country -- I repeat that, 'no other country' -- comes to mind where people are assassinated on the streets in the name of fighting drugs, and leaders brag about it as a good thing," he added.

UN Says Bolivia Coca Cultivation on the Rise. The UN Office on Drugs and Crime (UNODC) has expressed concern about what it says is a 14% increase in land under coca cultivation. "This increase is a concern for us," said UN Drugs and Crime Representative of Bolivia, Antonio De Leo. Bolivian President Evo Morales expressed regret at the report, but noted that much more illicit coca is being grown in Colombia and Peru.

Medical Marijuana Update

A measure that would allow VA docs to issue medical marijuana recommendations advanced in the Senate, Massachusetts' highest court rules in favor of a worker fired for using medical marijuana, and more.

National

Last Thursday, a Senate panel approved medical marijuana for veterans. The Senate Appropriations Committee voted to adopt an amendment that would allow military veterans to get medical marijuana recommendations through the Department of Veterans Affairs. The bipartisan measure picked up four more votes than last year, when it was approved by the full House, but killed in conference committee.

Massachusetts

On Monday, the state's high court ruled for a woman fired for using medical marijuana. The state Supreme Judicial Court ruled that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada

On Sunday, medical marijuana patients complained of higher prices after recreational sales began. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

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

Chronicle AM: Houston Cops Drop Faulty Field Drug Tests, AK Pot Clubs Coming, More... (7/17/17)

Houston police will quit using faulty field drug tests that sent hundreds of innocents to jail, a Colorado appeals court rules a drug dog alert on marijuana in a vehicle is not sufficient grounds for a vehicle search, the Massachusetts high court sides with an employee fired for medical marijuana use, and more.

The Massachusetts Supreme Judicial Court has ruled in favor of an employee fired for medical marijuana use. (Creative Commons)
Marijuana Policy

Alaska Regulators Advance Social Consumption Proposal. At its meeting last week, the state Marijuana Control Board voted 3-2 to approve draft rules for on-site marijuana consumption at retail outlets. Now there will be a 60-day public comment period before the rules come back to the board, most likely at its November meeting.

Colorado Appeals Court Rules Marijuana Scent Not Enough to Search Vehicle. An appeals court ruled last Thursday that a drug dog's detection of the scent of marijuana in a vehicle does not give police the authority to search the vehicle. "Because Amendment 64 legalized possession for personal use of one ounce or less of marijuana by persons 21 years of age or older in Colorado, it is no longer accurate to say, at least as a matter of state law, that an alert by a dog which can detect marijuana -- but not specific amounts -- can reveal only the presence of "contraband,'" he wrote.

Medical Marijuana

Massachusetts High Court Rules for Woman Fired for Using Medical Marijuana. The state Supreme Judicial Court ruled Monday that a woman fired after testing positively for legally recommended medical marijuana can sue her former employer for handicap discrimination. The employer had argued that the use shouldn't be allowed because marijuana remains illegal under federal law, but the high court disagreed. If a doctor concludes medical marijuana is the most effective treatment for a debilitating condition, "an exception to an employer's drug policy to permit its use is a facially reasonable accommodation" and "the fact that the employee's possession of medical marijuana is in violation of federal law does not make it per se unreasonable as an accommodation."

Nevada Medical Marijuana Patients Facing Higher Prices With Legalization. Medical marijuana patients are complaining of "price gouging" in the wake of the advent of legal recreational marijuana sales in the state. "Our prices have almost doubled in some places," patient Emily Wilson said. Some patients are reportedly resorting to the black market because of high legal prices.

Drug Testing

Houston Cops End Use of Field Drug Tests That Sent Innocent People to Jail. Police in the nation's fourth largest city have ended the use of $2 chemical field drug tests, whose use have led to hundreds of wrongful convictions in recent years. Police announced the move as an officer safety measure in the face of dangerous new drugs, but did not mention the faulty tests' role in the recent scandal over convictions based on false positives.

Chronicle AM: Canada Expanding Safe Injection Sites, FL Sued Over MedMJ Smoke Ban, More... (7/6/17)

Canada is expanding the use of safe injection sites, the man behind Florida's successful medical marijuana constitutional amendment is suing the state over a smoking ban enacted by lawmakers, Massachusetts lawmakers continue to struggle with how to implement marijuana legalization, and more.

Vancouver's Insite supervised injection facility (vch.ca)
Marijuana Policy

Massachusetts House Speaker Wants Marijuana Talks Suspended Until Budget is Passed. Legislators locked in a battle over how to implement the state's voter-approved pot legalization law are being told to put the issue on hold until solons can get a budget passed. House Speaker Roberto DeLeo (D), whose chamber is backing a plan that radically increases taxes and would allow localities to ban marijuana businesses without a popular vote, called Wednesday for setting the issue aside to take on the budget. But Senate President Stan Rosenberg (D) countered that the Senate could work on both bills and that "mischief makers are once again at work."

Nevada Opening Pot Sales Exceed Store Owners' Expectations. Legal marijuana sales that began just after midnight Saturday have exceeded the expectations of pot shop operators. Long lines formed in the wee hours Saturday morning, and shops are continuing to report heavy interest, with lines forming again before shops opened for business on Monday. "I'm very happy with the way sales have gone and continue to go, especially when you consider that the word didn't really get out ahead of time," Andrew Jolley, president of the Nevada Dispensary Association and a store owner told Leafly. "The public really only had a couple of weeks' notice, whereas Colorado had a full year to prepare."

Medical Marijuana

Florida Sued Over No Smoking Provision in Medical Marijuana Law. Orlando attorney John Morgan, the mastermind and chief funder of the state's voter-approved medical marijuana law, filed a lawsuit Thursday challenging a legislative ban on smoking medical marijuana. He is asking the courts to throw out the implementing law, saying legislators violated the will of the voters by altering the constitutional amendment they approved last November. "Inhalation is a medically effective and efficient way to deliver Tetrahydrocannabinol (THC), and other cannabinoids, to the bloodstream," the lawsuit argues. "By redefining the constitutionally defined term 'medical use' to exclude smoking, the Legislature substitutes its medical judgment for that of 'a licensed Florida physician' and is in direct conflict with the specifically articulated Constitutional process."

West Virginia Medical Marijuana Law Now in Effect. The state's Medical Cannabis Act went into effect Wednesday, but it could still be months or years before Mountain State patients are able to medicate with marijuana. But now an advisory board has been appointed to create a regulatory framework for medical marijuana regulations, and it could be 2019 before patients are able to legally purchase their medicine.

Drug Testing

Colorado Employers Begin to Walk Away from Testing for Marijuana. Changing social attitudes and a tight labor market are pushing employers in the state to drop screenings for marijuana from pre-employment drug tests, said a spokesman for the Mountain States Employers Council. "We're finding that for employers, it's such a tight labor market, that they can't always afford to have a zero-tolerance approach to somebody's off-duty marijuana use, Curtis Graves told Colorado Public Radio.

Harm Reduction

Mississippi Law Easing Naloxone Access Now in Effect. As of July 1, health care providers can write "standing prescriptions" for the opioid overdose reversal drug for family members of people strung out on opioids. "This will save many lives," said Rep. Tommy Reynolds (D-Water Valley).

International

Canada Expanding Safe Injection Sites. Once there was only InSite, the Vancouver safe injection site under constant assault from the Conservative federal government. But now, the Liberals are in power, and the number of safe injection sites has expanded to seven, including three in Montreal and another in Vancouver. Another Montreal site is set to open soon, and so are three in Toronto, with more than a dozen other potential sites being considered.

"Shocks the Conscience": South Dakota Forcibly Catheterizes Three-Year Old in Drug War [FEATURE]

The state of South Dakota is practicing a form of drug war excess tantamount to torture, according to a pair of federal lawsuits filed by the ACLU on June 28. One suit charges that law enforcement and medical personnel subject drug suspects to forcible catheterization if they refuse to submit to a drug test.

Welcome to the Forced Catheterization State
The second suit charges even more outrageous conduct: State social workers and medical personnel subjecting a screaming toddler to the same treatment.

Let's be clear here: We are talking about a person having a plastic tube painfully inserted in his penis without his consent and with the use of whatever physical force is necessary by agents of the state. In the name of enforcing drug laws.

Law enforcement has an incentive to coerce people into consenting to warrantless drug tests -- with the realistic threat of forced catheterization -- because its state laws punish not just possession of drugs, but having used them. Under the state's "internal possession" or "unlawful ingestion" statutes, testing positive for illicit drugs is a criminal offense.

"Forcible catheterization is painful, physically and emotionally damaging, and deeply degrading," said ACLU of South Dakota executive director Heather Smith in a statement announcing the filings. "Catheterization isn't the best way to obtain evidence, but it is absolutely the most humiliating. The authorities ordered the catheterization of our clients to satisfy their own sadistic and authoritarian desires to punish. Subjecting anyone to forcible catheterization, especially a toddler, to collect evidence when there are less intrusive means available, is unconscionable."

In the case of the toddler, the ACLU is suing on behalf of Kirsten Hunter of Pierre and her thee-year-old son. According to the complaint, their ordeal began on February 23, when police arrived to arrest her live-in boyfriend for failing a probationary drug test. Accompanying the cops was Department of Social Services (DSS) caseworker Matt Opbroeck, who informed Hunter that she and her children would have to take drug tests, and that if she failed to agree, her two kids would be seized on the spot.

Under such coercion, Hunter agreed to take herself and her kids to St. Mary's Avera Hospital to be tested the next day. Here, in the dry language of the legal filing, is what happened next:

Ms. Hunter was met by [SMA medical staff] and told that she and her children needed to urinate in cups on orders of DSS.

At the time, A.Q., was not toilet-trained and could not produce a sample in a cup.

Even though other methods, such as placing a bag over his penis, would have yielded a urine sample, [SMA medical staff] immediately began to hold him down and to catheterize him.

At the time, [they] did not inform Ms. Hunter of altemative methods of getting a urine sample or explain the risks associated with catheterizing a child.

Ms. Hunter did not know that she could object nor was she given any opportunity to object. Ms. Hunter did not speak with or see a doctor.

A.Q. was catheterized and screamed during the entire procedure.

On information and belief, A.Q. was catheterized with an adult-sized catheter.

Ms. Hunter was humiliated and upset about A.Q.'s catheterization.

A.Q. was injured physically and emotionally.

In the aftermath of the state-sanctioned assault, three days later, A.Q. had to be taken to a hospital emergency room 100 miles away in Huron for constipation and pain and discomfort in his penis, and he had to return again to ASM two days after that, where he was diagnosed with a staph infection in his penis.

Hunter and the ACLU are suing DSS caseworker Opbroeck, Opbroeck's bosses, Department of Social Services Secretary Lynn Valenti and DSS Division of Child Protective Services Director Virginia Wieseler, and St. Mary's Avera, Registered Nurse Katie Rochelle, Nurse Practitioner Teresa Cass, and four unnamed SMA medical employees.

The ACLU argues that forcible catheterization of A.Q. violates the Fourth Amendment's proscription against warrantless searches, the Fifth Amendment's right not to be forced to testify against oneself, and the 14th Amendment's due process clause because "it shocks the conscience, it was not medically necessary, and it was not reviewed by a judge." The lawsuit seeks monetary relief as well as declaration that the procedure is unconstitutional.

"The Fourth Amendment guarantees people the right to be free from unreasonable government searches," said Courtney Bowie, ACLU of South Dakota Legal Director. "There is nothing reasonable about forcibly catheterizing a child. The Constitution's purpose is to protect people from government intrusions exactly like this."

There is nothing reasonable about forcibly catheterizing drug defendants, either -- especially when the only drug use suspected is of marijuana -- but the second lawsuit filed by the ACLU alleges the practice is widespread among law enforcement agencies in the state, including repeated allegations of forced catheterizations after the victims have agreed to provide urine samples, the sole reason being that police involved could "gratify their sadistic desires," the complaint says.

"State agents, including law enforcement officers, in multiple cities and counties in South Dakota have conspired to attempt to rationalize, justify, and illegally forcibly catheterize drug suspects, and illegally coerce drug suspects to provide urine samples by threatening them with illegal forcible catheterization if they will not voluntarily provide a urine sample," the complaint says.

The conspiracy violates the civil rights not only of those subjected to forced catheterization, but those threatened with, the ACLU argues.

The lawsuit has five plaintiffs, all of whom were subjected to the procedure, and lists 20 unnamed police officers from Pierre, Sisseton, and the Highway Patrol, as well as one named Pierre officer, and the cities of Pierre and Sisseton. The lawsuit seeks injunctive relief to stop the practice, as well as "compensatory and punitive damages."

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

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

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

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

Medical Marijuana

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

Asset Forfeiture

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

Drug Testing

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

Law Enforcement

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

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

Chronicle AM: Americans Want Trump to Leave MJ States Alone, MA Legal MJ Battle, More... (6/22/17)

The Massachusetts House and Senate have different ideas about how to implement marijuana legalization, a new poll finds a strong majority of Americans want Trump to butt out of legal marijuana states, Wisconsin Gov. Rick Walker's Medicaid drug testing plan has virtually no public support, and more.

They're battling in Boston over the shape of legal marijuana in Massachusetts. (MPP)
Marijuana Policy

Poll: Strong Majority of Americans Want Trump to Respect State Marijuana Laws. A new Survey USA poll commissioned by Marijuana Majority finds that a whopping 76% of Americans want the Trump administration to respect state medical marijuana and marijuana legalization lies. There was majority support for the position about Democrats, Republicans, independents, and every age group. The 76% figure is three points higher than in a Quinnipiac poll asking a similar question in April.

Auto Insurance Study Links Increased Car Crash Claims to Legalized Marijuana. The Highway Loss Data Institute, an insurance research group, released a study Thursday saying collision claims increased 2.7% in Colorado, Oregon, and Washington after legalization when compared to neighboring non-legal states. "We believe that the data is saying that crash risk has increased in these states and those crash risks are associated with the legalization of marijuana," said Matt Moore, senior vice president with the institute, which analyzes insurance data to observe emerging auto-safety trends. But legalization advocates pointed out that comparing claims in largely rural states such as Idaho, Montana, and Wyoming to rates in more urbanized Colorado, Oregon, and Washington may be problematic.

Massachusetts House Passes Bill to Repeal and Replace Voter-Approved Legalization Law. The House on Wednesday approved a bill that would raise the retail tax on marijuana from 12% to 28%, impose stringent background checks and fingerprinting for all people who own or work in licensed marijuana-related businesses, and allow localities to ban marijuana businesses without first getting voter approval. The Senate is poised to take up its own version of the bill with more modest revisions to the voter-approved law, setting the stage for a compromise in the coming week. Legalization advocates attacked the House bill as setting taxes too high and ignoring the will of the voters.

Drug Testing

Wisconsin Governor's Plan to Drug Test Medicaid Recipients Has Virtually No Public Support. Gov. Scott Walker's (R) plan to drug test Medicaid recipients and increase premiums has garnered a grand total of five fully positive comments out of more than a thousand submitted by the public -- and one of them is from his own lieutenant governor. That's a support rate of one half of one percent. "Drug testing has been determined to be expensive, ineffective, and illegal," wrote Bobby Peterson, executive director of ABC for Health, a nonprofit Madison law firm that helps people get health care. "You have espoused Jesus and are embracing the devil and demons that have gained control of the political process," said another email, the name of the sender redacted. "May God have mercy on you in this time of reckoning for surely you are cursed." Walker needed to give the public 30 days to comment before seeking approval from the Trump administration to move forward with its plan.

Chronicle AM: NYT Says ODs at Record High, WI Gov Advances Medicaid Drug Testing, More... (6/7/17)

Drug overdoses are at an all time high, drug war dinosaur senators want to return to harsh sentencing, Wisconsin's GOP governor moves forward with first in the nation plan to drug test Medicaid applicants, and more.

Fatal drug overdoses totaled nearly 60,000 last year, the New York Times reports. (Wikimedia)
Marijuana Policy

Connecticut House Debates Legalization, But There is No Vote. The House debated the pros and cons of marijuana legalization Tuesday night, but Democratic leaders then ended debate without any vote. They said a legalization bill would have failed in the House, but the debate could increase the chances of legalization being included as part of a budget bill, although observers describe that prospect as "a long shot."

Wichita Reduces Pot Penalties. The city council voted Tuesday to adopt an ordinance that would reduce the penalty for possession of up to 32 grams (slightly more than an ounce) of marijuana to $50 plus court costs.

ACLU, Drug Policy Alliance Sue Southern California City Over Pot Cultivation Ordinance. The ACLU of California and the Drug Policy Alliance are suing Fontana, claiming that the city's marijuana ordinance conflicts with rights granted to all Californians under Proposition 64. Under Prop. 64, every Californian 21 or older has a right to cultivate up to six marijuana plants for personal use. But the law also says cities or counties can ban outdoor gardens and "reasonably regulate" indoor grows.Fontana -- a city of 200,000 people that sits 50 miles east of Los Angeles -- passed an ordinance in January that requires residents who want to cultivate up to six plants inside their home to first get a $411 permit from the city and not have any drug convictions within the past five years, a policy the groups describe as both illegal and "egregious."

Medical Marijuana

Arkansas Finalizes Process for Medical Marijuana Applications. In a meeting Tuesday, the state Medical Marijuana Commission finalized the process for accepting applications for medical marijuana growers and sellers. The move comes after the commission developed a more detailed scoring system for ranking applicants. The application period will open June 30 and go on for 90 days. The commission will distribute 32 dispensary licenses and five cultivation facility licenses.

Florida Lawmakers Reach Agreement on Implementing Medical Marijuana. Lawmakers on Wednesday came to agreement on how to implement the state's voter-approved medical law. Under the agreement, ten new growers will be licensed this year, with five licenses going to previous applicants, five going to new applicants, and at least one reserved for a black farmer. The state current licenses only seven commercial grows. The agreement also caps the number of dispensaries each grower can operate at 25.

Oregon Bill to Let Medical Growers Sell Up to 20 Pounds in Recreational Market Advances. A bill that seeks to reshape the state's medical marijuana program so it can coexist with legal recreational marijuana is advancing. House Bill 2198, which would let medical growers sell up to 20 pounds in the recreational market in a bid to stay viable, passed the Joint Committee on Marijuana Regulation last week and is now before Joint Committee on Ways and Means.

Heroin and Prescription Opioids

New York Times Investigation Finds Drug Overdose Deaths Reached All-Time High in 2016. The New York Times published on Monday an investigative report that found that drug overdose deaths last year reached an all-time high, suggesting that the country's long-term opioid crisis continues to worsen and that younger age groups in the U.S. are experiencing record numbers of opioid overdoses than in the past. The Times looked at preliminary overdose data for 2016 provided by hundreds of state and local health authorities, concluding: "Drug overdoses are now the leading cause of death among Americans under 50, and all evidence suggests the problem has continued to worsen in 2017." The report estimates that more than 59,000 people died from a drug overdose in 2016 -- an increase of 19% from 2015. The report does not elaborate on which drugs are behind the estimated jump in overdose deaths last year, nor does the report indicate which age groups under 50 saw the largest increase in overdose deaths over prior years.

Senate Drug Warriors Feinstein and Grassley Prepare Bill With Tough New Penalties for Synthetic Opioids. The senior members of the Senate Judiciary Committee are preparing a bill that would create tough new penalties for people caught with synthetic opioids. A draft of the bill would give the attorney general the power to ban all kinds of synthetic drugs and it would impose a 10-year maximum sentence on people caught selling them for a first offense. A second offense would see the sentence double. The bill would penalize people selling drugs at a low level in the US, critics said.

Drug Testing

Wisconsin Submits Request to Drug Test Medicaid Applicants. Gov. Scott Walker (R) on Wednesday officially submitted a request for a federal waiver to become the first state in the country to drug test applicants for Medicaid benefits. Walker said the plan would provide drug addicts with treatment and make them employable. "Healthy workers help Wisconsin employers fill jobs that require passing a drug test," Walker's administration said in a press release Wednesday announcing the waiver. But critics called the notion a waste of money and an insult to people who need Medicaid.

Drug War Issues

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