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Medical Marijuana Update

Whew! There are medical marijuana bills all over the place, a leading Democratic politician gets targeted for her anti-medical marijuana stance, and the Kettle Falls Five (now Four) trial gets underway. Let's get to it:

National

Over the weekend, activists targeted Debbie Wasserman Schultz over her medical marijuana stance. Democratic National Committee Chair Debbie Wasserman Schultz wants to move over to the US Senate, but she won't be getting any help from medical marijuana supporters. She opposed last year's medical marijuana initiative, and that has angered advocates. "She's voted repeatedly to send terminally ill patients to prison. And we're certainly going to make sure Floridians know that -- not to mince words," said Bill Piper, national affairs director with the Washington-based Drug Policy Alliance (DPA). DPA has been joined by People United for Medical Marijuana in Florida, the Marijuana Policy Project, and Americans for Safe Access in coming out against Wasserman Schultz. She opposed last year's medical marijuana initiative.

California

Last Friday, Butte County hired six code enforcement officers to begin enforcement of Measure A, the voter-approved measure that restricts medical marijuana grows in the county. Code enforcement officers and deputies will go door-to-door in selected rural areas of the county to inform residents about the new restrictions.

Colorado

Last Wednesday, a bill to regulate medical marijuana got stripped down. Senate Bill 115, which seeks to make the state's medical marijuana system more like its recreational system, won preliminary approval in the Senate, but only after some of its more controversial proposals were stripped out. Now absent from the bill are a move to crack down on medical caregiver growers and rules requiring marijuana edibles to be refrigerated. The measure now renews the medical marijuana regulations that were passed in 2010.

Georgia

On Monday, a CBD cannabis oil bill won a committee vote. The House Judiciary Non-Civil Committee unanimously approved House Bill 1, sponsored by Rep. Allen Peake (R-Macon). The bill was amended to restore a maximum 5% THC level (up from 3%) and to limit the personal information police can access when verifying a medical marijuana authorization, but an amendment that would have reinstated illnesses removed at the request of law enforcement failed.

On Wednesday, the House passed the CBD cannabis oil bill. The House approved House Bill 1, which allows for the use of low-THC, high-CBD cannabis oil to treat seizures and other major health conditions. The measure now goes to the Senate.

Kansas

On Monday, a CBD cannabis oil bill won a House committee vote. For the first time, a measure allowing some form of medical marijuana has won a vote in the state legislature. The House Health and Human Services Committee Monday approved House Bill 2282, which would allow for the use of low-THC, high-CBD cannabis oil for seizure disorders.

Minnesota

On Monday, medical marijuana workers unionized. Workers at Minnesota Medical Solutions, which will operate four medical marijuana dispensaries, have signed a labor agreement with the company under the auspices of the United Food and Commercial Workers (UCFW), Local 1189. The union is also in discussions about representing workers at the other four planned dispensaries in the state, which will be operated by LeafLine Labs. The UFCW has also organized marijuana workers in California, Colorado, and Washington.

Missouri

On Monday, a medical marijuana bill was set for a hearing. Rep. Dave Hinson's (R-St. Clair) House Bill 800 would allow for medical marijuana for eligible patients.

New York

On Monday, there was talk of kosher medical marijuana coming to the state. Orthodox Jews in New York may soon be able to get kosher medical marijuana. Rabbi Moshe Elefant, head of the Orthodox Union's kosher certification agency said he has held "preliminary discussions" with several companies seeking to obtain a kosher seal of approval for medical marijuana. Click on the link for more.

North Dakota

Last Wednesday, the House killed a medical marijuana bill. A bill that would have brought medical marijuana to the Northern Plains was on a vote of 26-67. The bill, House Bill 1430, was opposed by Attorney General Wayne Stenehjem, who warned of public safety and regulatory concerns and called it a step backward in fighting impaired driving.

Tennessee

On Tuesday, a CBD cannabis oil bill was delayed. The House Criminal Justice Subcommittee is delaying a bill that would legalize low-THC, high-CBD cannabis oil. Lawmakers decided Tuesday to bump any action back by at least two weeks. The bill is House Bill 197.

Virginia

Last Wednesday, the legislature approved two CBD cannabis oil bills. The state Senate approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Washington

Last Thursday, the Kettle Falls Five became the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite pot being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

On Wednesday, the Kettle Falls Four trial got underway in Spokane. The trial of an Eastern Washington family accused of violating federal marijuana laws by growing their own medical marijuana legally under state law began today. The family is known as the Kettle Falls Five, but it's now the Kettle Falls Four after charges were dismissed against terminally ill patriarch Larry Harvey. The prosecution of the Harveys runs counter to Obama administration policy and congressional desire, but continues anyway.

West Virginia

On Monday, a medical marijuana bill was filed. On the last day to file Senate bills in the legislative session, Sen. Mitch Carmichael (R-Ripley) introduced Senate Bill 546, the "Creating Compassionate Use Act for Medical Cannabis." The bill would allow for medical marijuana for designated debilitating medical conditions and would require patients and caregivers to be registered with the state. The bill now goes before the Senate Health and Human Services Committee.

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

This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. 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: Federal Marijuana Bills, CO Legal Marijuana Battles, VA Cannabis Oil Bills Pass, More (2/20/15)

It's all marijuana news today: Federal legalization bills are filed, battles break out over legalization in Colorado, the Kettle Falls Five is now the Kettle Falls Four, Virginia CBD cannabis oil bills head to the governor's desk, and more. Let's get to it:

Congress action
Marijuana Policy

Federal Marijuana Legalization Bills Introduced. Two congressmen from two states where marijuana is already legal under state law today filed two separate bills to legalize marijuana at the federal level. Rep. Jared Polis (D-CO) introduced a bill that would allow states to legalize marijuana without fear of federal intervention, while Rep. Earl Blumenauer (D-OR) introduced a bill that would tax marijuana at the federal level, in addition to any state taxes. The bills were not yet available on congressional web sites as of this afternoon. Click on the link for more details and reaction.

Democratic Congressman Calls on Holder to Reclassify Marijuana. Rep. Steve Cohen (D-TN) this week sent a letter to Attorney General Eric Holder urging him to reclassify marijuana as a drug with medical benefits. "I urge you to in your remaining time in office to take action, under existing federal law, to reclassify marijuana," Cohen wrote.

Marijuana Policy Project Calls for Holiday Inn Boycott Over Colorado Lawsuit. The group is calling for the boycott because one of two new lawsuits filed in an effort to undo Colorado's legalization of marijuana is in behalf of a Holiday Inn in the mountain town of Frisco. The suit claims that a marijuana shop scheduled to open nearby will damage its business. While the boycott targets the Intercontinental Hotels Group (Holiday Inn's parent company), the hotel is actually operated by New Visions Hotel Two. MPP points out that pressuring the corporate chain could help pressure New Visions to drop its lawsuit.

Former DEA Heads All Sign Brief Opposing Colorado's Legal Marijuana Law. All nine former DEA administrators have signed onto an amicus brief filed Thursday in support of the lawsuit brought by Nebraska and Oklahoma to try to kill legalization in the state. Colorado's legal marijuana "gravely menaces… the health, comfort, and prosperity of the people" of Nebraska and Oklahoma, the former administrators claimed.

Medical Marijuana

The Kettle Falls Five is Now the Kettle Falls Four. Federal prosecutors have dropped charges against 71-year-old Larry Harvey, elder member of the Kettle Falls Five, Washington state medical marijuana patients being prosecuted despite marijuana being legal in the state and despite Justice Department policy guidance that would appear to preclude such prosecutions. The charges against Harvey were dropped because he's about to die of pancreatic cancer, which has spread to his liver. But his family members still face decades in prison for growing their own medicine. "I'm thankful the charges against me have been dropped so that I can focus on my battle with Stage 4 pancreatic cancer," Harvey said in a statement. "However, if the Department of Justice truly has concerns for my well-being, it will dismiss the case against my entire family. I thought the law passed by Congress and signed by President Obama was supposed to stop the DOJ from prosecuting my family, but so far, there's been little relief."

Virginia Legislature Approves CBD Cannabis Oil Bills. The state Senate Wednesday approved House Bill 1445, which would allow people suffering from epileptic seizures to use CBD and THC-A cannabis oils. It has already been approved by the House and now goes to the governor's desk. An identical companion bill introduced in the Senate, Senate Bill 1235, has also already passed both houses and is on the governor's desk.

Chronicle AM: VT MJ Legalization Bill, Texas Pot Lobby Day, Federal Sentencing Softens, More (2/17/15)

There's now a marijuana lhttp://www.kcrg.com/subject/news/iowans-plead-for-expanded-medical-marijuana-program-20150216egalization bill in Vermont, an Ohio initiative decides to allow home cultivation, Attorney General holder touts a softening in federal charging and sentencing policies, and more. Let's get to it:

It's marijuana lobby day at the Texas capitol in Austin Wednesday. (texasmarijuanapolicy.org)
Marijuana Policy

Responsible Ohio Revises Initiative, Will Allow for Home Grows. "After extensive conversations with experts and concerned citizens across the state and nation, Responsible Ohio has decided to include regulated and limited home growing as a part of our amendment," Responsible Ohio Spokesperson Lydia Bolander said in a press release Monday. "Combined with a lower tax rate for consumers, these changes will make our communities safer by smothering the black market." The group's original proposal had called for only 10 grow sites in the state. At least one other group, Responsible Ohioans for Cannabis, has a competing initiative campaign underway.

Texans to Lobby for Marijuana Reforms in Austin Wednesday. Texans will gather at the state capitol in Austin Wednesday to urge elected officials to support House Bill 507, which reduces the penalties for possession, and for establishment of a comprehensive medical marijuana program in the state. The lobbying effort is being led by Texans for Responsible Marijuana Policy. Click on the title link for event details.

Vermont Legalization Bill Filed. Sen. David Zuckerman has filed Senate Bill 95, which would legalize the possession of up to an ounce by adults, establish a regulatory system for marijuana commerce, and impose a $40 an ounce excise tax on marijuana sold in the state. Whether the bill will go anywhere remains to be seen; key legislative leaders said they did not plan to hold hearings on it this year.

Wyoming Legalization Study Bill Killed. A bill to study the impact of legalization in neighboring states was killed on the House floor late last week. House Bill 187 was defeated on a vote of 39-19. The governor's office has the money to do a study, and that may still happen, but it won't be tied to finishing before the next legislative session, as was the case with this bill.

Medical Marijuana

Iowans Plead for Expansion of Medical Marijuana Program. A small number of Iowa patients and family members appeared before state legislators Monday to ask for expansion of the state's medical marijuana program, which they say is effectively useless as is. Each speaker called on legislators to expand the law to allow them to legally produce and obtain the high-CBD cannabis oils that could aid them. A law passed last year allows Iowans to use the cannabis oils, but not to produce or import them.

Sentencing

Attorney General Holder Touts More Flexible Federal Sentencing. The attorney general today said federal prosecutors are changing the way drug defendants are charged and sentenced, and he cited US Sentencing Commission statistics to back himself up. The new figures show prosecutors pursued mandatory minimum sentences in only 51% of their cases, the lowest rate on record, and down from 64% last year. Federal drug trafficking cases also declined by 6%. Holder said that showed prosecutors are being more selective in which cases they bring.

International

Uruguay's Medical Marijuana Will Be More Expensive Than Recreational Marijuana. As the country moves slowly towards rolling out its legal marijuana program, officials there are saying that medical marijuana will be more expensive than recreational because it will have to be grown separately from recreational, it will be grown by different companies, and it will be grown under stricter -- more expensive -- controls than pot for the recreational market.

Chronicle AM: IA MJ Penalty Bill Moves, NM Hemp Bill Moves, MD Heroin OD Homicide Bill Filed, More (2/11/15)

Missouri's marijuana lifer may get a shot at freedom, Colorado is raking in the tax dollars from pot, the VA is pondering how to deal with medical marijuana for veterans, medical marijuana regulation bills pop up in California and Washington, and more. Let's get to it:

Dealers who sell dope that someone ODs on could be charged with murder under a Maryland bill. (wikimedia.org)
Marijuana Policy

Colorado Took in $76 Million in Marijuana Taxes and Fees Last Year. The state collected $44 million in recreational marijuana taxes and another $12 million in recreational pot fees last year. Taxes and fees on medical marijuana added another $19 million, bringing the total revenues to $76 million. The recreational pot tax bonanza is less than what was estimated before legalization, but is still a hefty chunk of change.

Iowa Bill to Cut Marijuana Penalties Wins Committee Vote. The Senate Judiciary Committee Tuesday approved Senate Study Bill 1121, which would make possession of less than five grams a simple misdemeanor with a maximum 30-day jail term. Currently, possession is punishable by up to six months in jail. Senators who approved the bill said it was an effort to address racial disparities in the state's criminal justice system. Iowa has one of the highest rates of racial disparity in pot busts of any state.

Missouri Governor Will Take "Hard Look" at Pardoning Marijuana Lifer. Gov. Jay Nixon (D) said Tuesday he will review the case of Jezz Mizanskey, 61, who is serving life in state prison for a marijuana conviction. Mizanskey has been behind bars for 21 years already after being convicted of a third nonviolent pot offense. "It's a very serious amount of time," Nixon said. "If the laws change after someone is sentenced, then you want to give those things a close look." An online petition seeking Mizanskey's release has more than 386,000 signatures.

Medical Marijuana

VA Tells House Committee It is Actively Exploring Medical Marijuana for Veterans. A top Department of Veterans Affairs official told the House Committee on Veterans' Affairs today "there are active discussions going on now" about how to deal with the growing number of vets seeking to use medical marijuana for their ailments. Dr. Carolyn Clancy, the VA's interim under secretary for health, told the House Committee on Veterans' Affairs on Wednesday "there's an incredible opportunity for us to learn from some of those experiences, but I think that we have to be careful given the variation in legal issues."

California Regulation Bill Supported by Cops and Cities Introduced. Assemblyman Ken Cooley (D-Rancho Cordova) Monday filed Assembly Bill 266 with the backing of the California League of Cities and the California Police Chiefs Association. The bill seeks to impose state-wide regulation on the Golden State's medical marijuana scene, but California NORML says it has some objectionable features, including too stringent transportation regulations, inadequate provision for the licensing of current growers, and a prohibition on licenses for people with prior drug offenses.

Florida Medical Marijuana Bill Filed; Would Not Allow Smoking It. Rep. Greg Steube (R-Sarasota) has filed House Bill 683, which would only allow people with eight specified medical conditions to use it and which bars the used of smoked marijuana. Sen. Jeff Brandes (R-St. Petersburg) earlier filed another, less restrictive medical marijuana bill. "The big differences are, it doesn't allow for smokeable marijuana," Steube said Tuesday of his bill and Brandes' bill. "Brandes, in his bill, says a doctor could prescribe (medical marijuana) if you had severe and persistent pain. That was taken out. We kept it to specific diseases."

Washington State Medical Marijuana Regulation Bill Introduced. Reps. Luis Moscoso (D-Kirkland) and Maureen Walsh (R-Walla Walla) have introduced House Bill 2058 to create a licensed and regulated medical marijuana system for the state. The bill is identical to legislation that passed both the House and Senate in 2011 only to be vetoed by then Gov. Christine Gregoire (D) over fears of federal intervention.

Hemp

New Mexico Hemp Bill Advances. The Senate Conservation Committee Tuesday voted 9-0 to approve the Industrial Hemp Farming Act (Senate Bill 94). Sponsored by Sen. Cisco McSorley (D-Albuquerque), the measure would allocate $100,000 for the regents of New Mexico State University, the state's land grant university, to establish a seed bank and seed certification program for hemp. An additional $50,000 would be appropriated under the bill for the state Department of Public Safety to train officers to identify industrial hemp. A similar bill has been filed in the House by Rep. Moe Maestas (D-Albuquerque).

Heroin

Maryland Bill Would Allow Heroin Dealers to Be Charged With Murder in ODs. Delegate Kathleen Dumais (D-Montgomery County) Tuesday filed House Bill 222, which would allow prosecutors to seek homicide charges in heroin or fentanyl overdose deaths that can be linked to a specific dealer. The maximum sentence would be 30 years in prison. The bill had a hearing in the House Judiciary Committee the same day.

Harm Reduction

North Carolina Heroin Summit Tomorrow. The North Carolina Harm Reduction Coalition (NCHRC) is hosting a summit on heroin in Raleigh tomorrow. "Together with law enforcement, members of the NC medical and public health community, NC legislators, and people who have used or been impacted by heroin, we will engage in a series of panel events focused on discussing legislative solutions to heroin use and heroin-related overdose in the state," the group says. Click on the title link for event details.

Maine Governor Won't Support Expanding Access to Overdose Reversal Drug. Gov. Paul LePage (R) said Tuesday that he would oppose efforts to expand access naloxone. Rep. Henry Beck (D-Waterville) has introduced HP 98, which would allow friends of drug users to carry the overdose reversal drug and has a Good Samaritan provision. A similar bill last year allowed family members and law enforcement to carry the drug, but the friends and Good Samaritan provisions were stripped out at LePage's insistence. Now, legislators will try again.

International

Transnational Institute Brief on Reforming Drug Law Enforcement in Latin America. The Institute has made available "Fixing a Broken System: Modernizing Drug Law Enforcement in Latin America," the latest of its series on legislative reform of drug policies. It argues that drug prohibition has mostly failed to reduce supply and demand while creating new problems and creating vast collateral damage. It has a number of recommendations; click on the link to read them.

Chronicle AM: More Pot Bills, Asset Forfeiture Action, Silk Road Conviction, Peru Coca "No Fly Zone," More (2/5/15)

The marijuana reform bills keep on coming, Oregon activists fight to protect legalization there, the feds get a conviction in the Silk Road case, there's news on the asset forfeiture front, and more. Let's get to it:

This message appeared when the feds busted Silk Road.
Marijuana Policy

New Approach Oregon to Fight to Defend Marijuana Legalization Law. The group that successfully managed the Measure 91 campaign to free the weed is now mobilizing to ensure that the legislature doesn't undo the will of the voters. The move comes as legislators contemplate various bills that would modify the initiative, including allowing localities to ban marijuana businesses. "We want a marijuana policy that reflects the will of the people," said Anthony Johnson, chief petitioner for Measure 91. "Instead of making major changes, the state first needs to get the basics of implementation right -- like childproofing, labeling, testing, packaging, auditing, inspecting, taxing, licensing and background checks."

Massachusetts Legalization Bill Filed. Rep. Dave Rogers (D-Cambridge) and at least 10 other legislators have introduced a bill to legalize marijuana for adults 21 and over and allow for marijuana commerce in the Bay State. The measure has not yet been assigned a bill number and is currently known as House Docket 3436, the "Cannabis Regulation and Tax Act of 2016."

Illinois Limited Legalization Bill Filed. State Sen. Michael Noland (D-Elgin) has introduced a bill that would legalize the possession of up to 30 grams of marijuana and the cultivation of up to five plants, but which would not allow for legal marijuana commerce. The measure is Senate Bill 753. A decriminalization bill, House Bill 218, was filed days earlier in the House.

Connecticut Legalization Bill Filed. House Deputy Majority Leader Rep. Juan Candelaria has filed a bill to "allow marijuana use for persons twenty-one years of age and older, and to regulate the sale, possession, use and growth of marijuana." That's all the bill says at this point. The measure is House Bill 6703. A bill introduced last month, House Bill 6473, would decriminalize it.

Medical Marijuana

Five Hawaii Bills to Get Hearing Saturday. The House Committee on the Judiciary and Committee on Health will hear five medical marijuana-related bills, including one that establishes dispensaries, one that allows patients to transfer marijuana to other patients and caregivers and increases quantity amounts, one that allows doctors to determine which medical conditions qualify, one that bars employers from punishing employees who are patients for a failed marijuana drug test, and one that bans infusing trademarked products with marijuana. Click on the link for bill and hearing details.

Virginia CBD Medical Marijuana Bill Passes Senate. The state Senate this afternoon approved Senate Bill 1235, which would allow for the use of high-CBD cannabis oil. A similar bill is before the House of Delegates.

Asset Forfeiture

New Institute of Justice Report on Civil Asset Forfeiture. The report is Seize First, Question Later: The IRS and Civil Forfeiture. "Federal civil forfeiture laws give the Internal Revenue Service the power to clean out bank accounts without charging their owners with any crime. Making matters worse, the IRS considers a series of cash deposits or withdrawals below $10,000 enough evidence of "structuring" to take the money, without any other evidence of wrongdoing. Structuring -- depositing or withdrawing smaller amounts to evade a federal law that requires banks to report transactions larger than $10,000 to the federal government -- is illegal, but more importantly, structured funds are also subject to civil forfeiture," says the report's executive summary.

Colorado Civil Asset Forfeiture Reform Bill Filed. State Sen. Laura Woods (R-Arvada) has filed House Bill 006, which would require a criminal conviction before civil asset forfeiture could take place. "I was spurred by complaints from citizens who are watching what's going on across the country. As there is more policing-for-profit and seizing-for-salaries -- as they say -- they were contacting me with concerns," Woods said. The bill would also set a $50,000 threshold for local law enforcement to be able to turn seizures over to the federal government in a bid to "de-incentivize" that practice.

Virginia Civil Asset Forfeiture Reform Bill Passes House. A bill that would require a criminal conviction before civil asset forfeiture can be undertaken passed the House of Delegates yesterday. The vote was an overwhelming 92-6. The measure, House Bill 1287, now goes to the Senate.

Harm Reduction

International Harm Reduction Conference 2015 Set for Malaysia in October. Click on the link for more details and registration information. There's a call for papers, but that ends March 27.

Drug Testing

Texas Food Stamp Drug Testing Bills Filed. State Sen. Jane Nelson (R-Flower Mound) has filed Senate Bill 54 and Rep. Ken King (R-Canadian) has filed House Bill 352. Both bills would require food stamp applicants to be screened for possible drug use, with those deemed likely drug users made to take and pass a drug test.

Law Enforcement

Silk Road Dark Web Drug Marketplace Operator Found Guilty. A federal jury in New York City Wednesday convicted Ross Ulbricht on federal drug trafficking charges for operating the Silk Road web site, where hundreds of millions of dollars worth of illegal drugs and other goods were sold. He is now looking at up to life in prison. Meanwhile, other dark web drug marketplaces continue to spring up.

International

Peru Declares "No-Fly Zone" Over Major Coca-Growing Region. Civilian aircraft are now barred from flying over the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM), Peru's largest and most lawless coca-producing region, without prior military approval. The government of President Ollanta Humala took the step in a bid to stop a growing number of small planes from smuggling cocaine to neighboring countries. The move brings Peru one step closer to reinstituting a policy of shooting down unauthorized airplane flights. That policy ended in 2001, when the military accidentally shot down a plane that wasn't carrying drugs, killing a US missionary and her baby.

Chronicle AM: MJ Decrim and Medical Bills Filed, Ramarley Graham Settlement, Jamaica Decrim Progess, More (2/2/15)

Decriminalization and medical marijuana bills are being filed left and right, Maine says pot patients can be unfit parents, Oregon says pot patients can't operate child care centers, New York City pays out big time for the killing of a black youth over weed, Jamaica's decrim bill advances, and more. Let's get to it:

Marijuana Policy

Delaware Decriminalization Bill Filed. State Rep. Helene Keeley (D-Wilmington) and several cosponsors have filed House Bill 39, which would make possession of up to an ounce a civil infraction punishable only by a fine. Public use would remain subject to jail time, but for no more than five days.

Maryland Push for Legalization Underway. Supporters of legalization held a press conference last Friday to push the idea forward. State legislators, including Del. Curt Anderson (D-Baltimore) were joined by a Colorado legislator and Seattle City Attorney Pete Holmes. The press conference came as legalization supporters prepared to brief legislative committees on the topic. Maryland decriminalized it last year.

Minnesota Poll Finds More Want to Legalize It Than Don't. A new Public Policy Polling survey finds just short of a majority for legalizing pot there. Some 49% said they thought marijuana should be legal and regulated, while 44% thought it "should remain illegal." Support for medical marijuana, meanwhile, was at 76%.

New Hampshire Decriminalization Bill Filed. Rep. Adam Schroadter (R-Newmarket) and seven cosponsors have introduced House Bill 618, which would decriminalize the possession of small amounts of marijuana. New Hampshire is the only New England state that has not decriminalized.

New Mexico Decriminalization Bill Filed. State Sen. Joseph Cervantes (D-Dona Ana County) has introduced Senate Bill 383, which would decriminalize the possession of up to four ounces and eliminate jail time for possession of up to eight ounces. Currently, possession of less than an ounce is a petty misdemeanor with possible jail time, while possession of between one and eight ounces is a misdemeanor with up to a year in jail.

Virginia Decriminalization Bill Dies in Senate Committee. A bill that would have decriminalized pot possession in the Old Dominion was killed last Wednesday in the Senate Courts of Justice Committee. Senate Bill 686, introduced by Sen. Adam Ebbin (D-Alexandria) died in a 9-5 party line vote.

Philadelphia Pot Arrests Drop 88% After Decriminalization. Philadelphia police arrested only 63 people for marijuana possession between October 20 and year's end, marking a massive decline in marijuana arrests after decriminalization. Last year during the same time period, there were 559 possession arrests.

Medical Marijuana

Connecticut State Commissioner Agrees to Expand Qualifying Ailments List. Consumer Protection Commissioner Jonathan Harris said this morning that he will follow the recommendation of the program's Board of Physicians and is drafting new regulations to include sickle cell disease, post-surgical back pain with a condition called chronic radiculopathy, and severe psoriasis and psoriatic arthritis to the list of qualifying conditions. But that's not the end of it. Now, the proposal must be approved by the state attorney general and then by the General Assembly's Regulation Review Committee. A vote there could come by spring.

Maine High Court Rules Using Medical Marijuana Can Make Parents Unfit. The Maine Supreme Judicial Court has ruled in a child custody case that even though medical marijuana is legal in the state, its use can make a person an unfit parent. "Determining what is in the best interest of the child necessarily involves considering whether a parent's ability to care for his or her child is impaired, including by his or her marijuana use. As with any medication or substance, the question of whether a parent's ingestion of marijuana is legal is only part of the equation. The more important question is whether that ingestion negatively affects, limits or impairs a parent's capacity to parent his or her child," Chief Justice Leigh Saufley wrote in the eight-page decision. The case is Daggett v. Sternick.

Mississippi Medical Marijuana Bill Filed. State Sen. Deborah Dawkins (D-District 48) has filed Senate Bill 2318, which would allow patients with specified conditions to use medical marijuana. The bill doesn't envision dispensaries, but would allow patients to grow their own with a physician's recommendation.

North Dakota Medical Marijuana Bill Filed. Rep. Pamela Anderson (D-Fargo) has introduced House Bill 1430, which would allow patients with qualifying conditions to use medical marijuana. But there is a big loophole. Patients could also qualify if they suffer "any persistent or chronic illness or condition that, in the opinion of a physician, substantially limits the ability of a person to conduct one or more major life activities; or may cause serious harm to the patient's safety or mental or physical health if not alleviated; if the illness or condition may be improved by the use of marijuana."

Oregon Bars Medical Marijuana Patients From Being Child Care Providers. The state Early Learning Council has voted to bar patients from being child care providers. The decision follows a six-month temporary rule that was issued last August and gave patients an ultimatum: your patient card or your child care business.

Tennessee Low-THC Cannabis Oil Bill Filed. State Rep. Jeremy Faison (R-District 11) today introduced House Bill 197, which would allow the use of cannabis oil with less than 0.9% THC for medical purposes.

Law Enforcement

Chicago Federal Prosecutors Drop "Stash House" Cases. The US attorney's office in Chicago has dropped dozens of serious drug conspiracy cases that were based on undercover stings where law enforcement agents enticed people into robbing non-existent drug stash houses. The law enforcement technique has come under strong criticism that it amounts to entrapment and is used disproportionately to target minorities. Clarence Walker has covered this issue for the Chronicle here and here.

New York City Pays to Settle Killing of Black Teenager Over Weed. The city has settled with the family of Ramarley Graham, an 18-year-old black teen who was shot dead in his own bathroom by an NYPD cop who had stormed into his apartment without a warrant after suspecting he had marijuana. The killer cop, Richard Haste, was indicted in the shooting in 2012, but a judge threw out that indictment and a second grand jury failed to indict. Police said they suspected he had a gun because of the way he moved his hands near his waist. No weapon was ever found. The city has now agreed to pay the Graham family $3.9 million.

National Sheriffs Association Wants Deputy Attorney General Nominee "Investigated" for Pro-Drug Reform Comments. The group is upset with Vanita Gupta, nominated to head the department's Civil Rights Division. She has called for the decriminalization of all drugs, and that "put her at odds with the goal of public safety," the sheriffs complain. How her publicly made remarks would be "investigated" remains to be seen.

International

Jamaica Senate Begins Debate on Decriminalization. The Senate last Friday began debating a bill that would decriminalize marijuana and establish a licensing authority for a marijuana industry on the island. The bill would also allow for Rastafarians to use ganja for religious purposes. Debate is expected to continue in the Senate in coming days before the bill is sent to the lower chamber. It is expected to pass, since the ruling party, which submitted it, controls both chambers and the opposition also supports its broad outlines.

Venezuela Shoots Down Suspected Drug Plane Off Aruba. The Venezuelan defense ministry confirmed last Friday that its fighter jets had shot down a civilian plane suspected of carrying drugs. The plane went down off Aruba. Aruban officials had reported a day earlier that a plane had come down in flames, and human remains and packages of drugs could be seen in the water. Venezuela has shot down a number of suspected drug planes in recent years.

Chronicle AM: NE Felony Pot Brownies, OK Pot Lawsuit Protest, Mexico Cop-Zeta Ties, More (12/26/14)

Some Nebraska counties are charging possession of marijuana brownies as a felony, Oklahoma activists will rally against the state's lawsuit against Colorado's marijuana law, San Diego closes more dispensaries, a new document reveals links between cartel gangsters and cops in Northern Mexico, and more. Let's get to it:

Kratom -- for adults only in Illinois starting next week. (wikimedia.org)
Marijuana Policy

Western Nebraska Counties Are Charging Possession of Some Marijuana Edibles as a Felony. Even though pot possession has been decriminalized in the state for decades, some counties near Colorado are now treating foods containing marijuana extracts as a Schedule I drug, possession of which is a felony punishable by up to five years in prison. Prosecutors in some Western counties say that pastries that contain actual marijuana will be treated like marijuana, but those containing concentrates will be treated as a Schedule I drug.

Nevada NAACP Leader Urges Legislators to Legalize It This Coming Session. Jeffrey Blanck, president of the Reno-Sparks chapter of the NAACP, has sent a letter to lawmakers urging them to legalize marijuana during the 2015 legislature. The Coalition to Regulate Marijuana Like Alcohol in Nevada already has a legalization initiative approved for the 2016 ballot. The legislature has the first 40 days of the session to approve the initiative; if it doesn't, it goes directly to the voters in 2016.

Oklahoma Activists to Protest Pot Lawsuit Against Colorado. Oklahoma marijuana legalization supporters have organized a protest against state Attorney General Scott Pruitt's decision to join Nebraska in suing Colorado to try to undo legalization there. Led by OK NORML and the Oklahoma Libertarian Party, activists have set up a Facebook invite to the January 8 rally. "Attorney General Scott Pruitt is suing Colorado for their marijuana laws," the page says. "This is a waste of taxpayer money and a clear violation of states' rights." Click on either link for more details.

Medical Marijuana

San Diego Officials Shut Down Five More Dispensaries. City Attorney Jan Goldsmith has shuttered five more unpermitted dispensaries ahead of the opening of the first permitted dispensaries early next year. Four are set to open then. More than 200 dispensaries have been shut down in the past four years under threat of legal action, but as many as 50 unpermitted dispensaries remain.

Kratom

Kratom Will Be for Adults Only in Illinois Beginning Next Week. As of January 1, a new state law will limit the use and possession of the Southeast Asian herb kratom to adults. Kratom is said to have a high similar to opiates, but is not a controlled substance under federal law. It is, however, on the DEA's list of "drugs of concern." It has been banned in neighboring Indiana.

Law Enforcement

Lawsuit in Deadly Massachusetts SWAT Drug Raid Can Continue, Judge Rules. A police officer who shot and killed unarmed black Framingham resident Eurie Stamps, 68, in a January 2011 drug raid may have used excessive force, violating his constitutional rights, a US District Court judge ruled as he allowed a lawsuit against the officer to move forward. Officer Paul Duncan shot and killed Stamps as the elderly man lay prone on the floor of his apartment during the raid. Duncan claims the shooting was accidental, but Stamps is still dead, and his family is suing.

International

Mexican Cops Worked Closely With Zetas, Declassified Document Shows. A document declassified by Mexican Attorney General Jesus Murillo Karam shows how police and traffic police in San Fernando, Tamaulipas, worked closely with the Zetas cartel in a series of killings of immigrants en route to the US known as the "San Fernando massacre," in which at least 72 immigrants were tortured and murdered.

Indonesian Ulama Supports President's Plan to Execute Drug Offenders. The Nahdlatul Ulama, Indonesia's largest Islamic organization, said Wednesday it supported President Joko Widodo's tough stance on drug traffickers. Widodo has refused to stop the execution of convicted drug offenders and is seeking support for his stance. He found it with the Ulama. "We support the death penalty for the drug dealers and the producers, but not the consumers," said Said Aqil Siradji, chairman of the Ulama's central board.

Chronicle AM: OR Marijuana Poll, Colombia Drug Accord, Big Philly Drug Case Dismissal, More (9/26/14)

A new poll is surely leading to nail-biting in Oregon, a dirty narc is costing Philadelphia prosecutors dozens of drug cases, Colombia reveals details on drug accords with the FARC, a Canadian drug policy rally is coming next week, and more. Let's get to it:

Marijuana Policy

Latest Oregon Poll Has Initiative at 44%. A new SurveyUSA poll has support for the Measure 91 marijuana legalization initiative at 44%, with 40% opposed, and 16% undecided. The high number of undecideds may be an artifact of the way the poll question was asked -- it asked if voters were "certain" to vote for or against the measure. An even split among undecideds would result in passage of the initiative. This is a decline from an August SurveyUSA poll, which had the measure at 51%, but the questions were worded slightly differently in the two polls. Click on the links for more poll details.

Law Enforcement

Philadelphia Judge Dismisses 59 Drug Cases Involving Dirty Narc. The cases involved former narcotics officer Jeffrey Walker, who has been convicted of plotting to rob drug dealers. That brings to 160 the number of cases involving Walker that have been vacated since he was indicted in May 2013. Another 58 cases remain open. Walker is now cooperating in a broader probe of the narcotics unit, where six officers were charged in July with robbing, beating, and kidnapping drug suspects.

International

Colombia Reveals Details on Drug Policy Treaty Provisions With FARC. Colombia Reports has an in-depth look at the drug provisions in the work-in-progress peace negotiations between the Colombian government and the leftist rebels of the FARC. A preliminary agreement was released Wednesday in the face of criticism over the lack of transparency in the process. The two sides have agreed on national-level programs to conduct consensual illicit crop substitution, address drug use through a public health approach, and beef up law enforcement to combat criminal groups involved in drug trafficking. Click on the link for much more.

Mexican Congressman Assassinated By Drug Cartel. Prosecutors in the state of Jalisco are saying they believe Dip. Gabriel Gomez Michel, who was abducted from a highway on the outskirts of Guadalajara on Monday, was most likely killed by a drug cartel. The bodies of Gomez and his driver were found in his burned out vehicle on Tuesday and positively identified on Wednesday. Prosecutors are pointing the finger at the Jalisco New Generation Cartel, a relatively new entrant in the cartel wars.

Mexico Arrests Eight Soldiers in Apparent Execution of Drug Gang Suspects. Seven soldiers and their commander have been arrested over the killing of 22 suspected drug gang members in a June 30 incident in the village of San Pedro Limon in Mexico state. The army had said the victims died in a fire fight with soldiers, but witnesses said they were killed in cold blood, and further suspicions were raised by the one-sided nature of the conflict. Only one soldier was slightly injured. Witnesses said only one person died in an initial confrontation; the rest were killed after surrendering. The army said they were members of La Familia Michoacana.

Canada First Annual National Drug Reform Rally Set for Tuesday. The first Annual National Rally for Canadian Drug Policy Reform will take place September 30 in Ottawa. A day earlier, proponents will meet with members of parliament to discuss evidence-based drug policy reforms. The rally is sponsored by the Canadian Drug Reform Network, the Canadian Harm Reduction Coalition, and Canada NORML, among others. Click on the link for more information.

Chronicle AM -- July 18, 2014

Tens of thousands of federal drug prisoners could get out early after the US Sentencing Commission votes to make guideline reductions retroactive, the Ohio Supreme Court moves to cut some crack sentences, FedEx gets indicted for shipping pills for Internet pharmacies (and not taking a deal with the feds), and more. Let's get to it:

Federal Correctional Institution, Englewood, CO. There may soon be room at the inn. (wikimedia.org)
Medical Marijuana

New York Medical Marijuana Business Alliance Formed. Albany-area medical marijuana lobbyists have formed a business alliance to jointly fight for their interests. The group is called the Medical Cannabis Industry Alliance of New York. Members will include growers, advocates, real estate interests, and other businesses associated with medical marijuana.

New Hampshire Advocates to Demonstrate at Statehouse Next Wednesday to Criticize Medical Marijuana Program Delays. Next Wednesday is the one-year anniversary of Gov. Maggie Hassan's signing of the state's medical marijuana bill, but the state's program is beset with needless delays, say advocates, who will gather at the statehouse in Concord next Wednesday to shine a media spotlight on the problem. Click on the link to RSVP.

Northern California Congressman Calls on US Attorney to Go After "Trespass" Marijuana Growers, Not People Complying With State Law. US Rep. Jared Hoffman (D-CA) sent a letter Wednesday to Northern California US Attorney Melinda Haag urging her "to focus prosecutorial and enforcement resources on trespass marijuana growers, not low-level marijuana offenders complying with state law." Hoffman called "trespass" growers "the greatest emerging threat to public safety and environmental health" in Northern California. Click on the link to read the letter in its entirety.

New Synthetic Drugs

Alaska Tries New Tactic in Battle Against Synthetics -- Fining Stores That Sell Them. Gov. Sean Parnell (R) Wednesday signed into law a bill designed to block the retail sale of synthetic drugs by defining them as products with "false or misleading labels" and imposing fines similar to traffic tickets on people who sell or possess them. The move comes after earlier efforts to suppress the new synthetics were undermined by manufacturers who adjusted their recipes to avoid lists of banned synthetics.

Law Enforcement

FedEx Hit With Criminal Indictment for Shipping Internet Pharmacy Drugs. A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments. Read the indictment here.

Sentencing

US Sentencing Commission Votes Unanimously for Retroactivity in Drug Sentencing, Could Affect 46,000 Federal Prisoners. The United States Sentencing Commission voted unanimously today at a public meeting to apply a reduction in the sentencing guideline levels applicable to most federal drug trafficking offenders retroactively, meaning that many offenders currently in prison could be eligible for reduced sentences beginning November 2015. Unless Congress disapproves the amendment, beginning November 1, 2014, eligible offenders can ask courts to reduce their sentences. Offenders whose requests are granted by the courts can be released no earlier than November 1, 2015. The Commission estimates that more than 46,000 offenders would be eligible to seek sentence reductions in court. These offenders' sentences could be reduced by 25 months on average. Click on the link for more information.

Ohio Supreme Court Rules Crack Defendants Sentenced After New Law to Reduce Disparities Went Into Effect Must Be Resentenced. The state Supreme Court ruled Wednesday that defendants convicted before laws reducing the penalty for possessing crack cocaine went into effect, but sentenced after they went into effect must be resentenced under the new law. The case is State v. Limoli.

International

Australia Drug Use Survey Released. The 2013 National Drug Strategy Household Survey, conducted by the Australian Institute of Health and Welfare, was released Thursday. Cigarette smoking is down, youth drinking is down, and so is the use of heroin, ecstasy, and GHB. The misuse of pharmaceuticals is up, and the use of meth remains steady.

Ending Moratorium, Singapore Executes Two Convicted Drug Dealers. Singapore today hanged two convicted drug dealers, the first executions for drug offenses since it imposed a moratorium on them in 2011. Tang Hai Liang, 36, had been convicted of trafficking 89.55 grams (3.2 ounces) of pure heroin and Foong Chee Peng, 48, had been found guilty of dealing 40.23 grams of the same illegal drug. Both are Singapore citizens. They had chosen not to seek resentencing under a 2012 law that abolished mandatory death sentences in some drug trafficking cases.

FedEx Indicted on Criminal Charges for Shipping Internet Pharmacy Drugs

A federal grand jury in San Francisco has indicted FedEx, the world's largest cargo company, on criminal charges of conspiracy to distribute controlled substances and distribution of misbranded drugs. Federal prosecutors are seeking to forfeit and seize at least $820 million in what they say are proceeds from such illegal shipments.

FedEx truck, Chicago (wikimedia.org)
Read the indictment here.

The move comes after FedEx rejected offers from federal prosecutors to cut a deal. FedEx's chief competitor, UPS, settled a similar case last year by agreeing to pay $40 million after being linked to the shipment of prescription drugs by illegal online pharmacies. Both cases were brought by US Attorney for the Northern District of California Melinda Haag. [Ed: Haag is loathed by the medical marijuana community for action taken against northern California providers.]

But unlike UPS, FedEx refused to settle. And now, it is vowing to fight the charges.

"FedEx is innocent of the charges," the company said in a statement. "We will plead not guilty. We will defend against this attack on the integrity and good name of FedEx and its employees."

In the past, the company has said it wouldn't settle because it doesn't believe it has done anything wrong. FedEx argues that it should not be held responsible for the contents of the tens of millions of packages it ships each year. The company has acknowledged that it has been under grand jury scrutiny for several years.

The grand jury indictment accuses FedEx of knowingly shipping prescription drugs for two different online pharmacy operations, both of which were prosecuted by the Justice Department. It accuses FedEx of ignoring warnings about doing so for years.

"The advent of Internet pharmacies allowed the cheap and easy distribution of massive amounts of illegal prescription drugs to every corner of the United States, while allowing perpetrators to conceal their identities through the anonymity the Internet provides," said US Attorney Haag. "This indictment highlights the importance of holding corporations that knowingly enable illegal activity responsible for their role in aiding criminal behavior."

The charges carry with them a sentence of up to five years probation and fines totaling "twice the gross gains derived from the offense," or $820 million. Because no individuals are named in the indictment, however, it's not clear who or what would be on probation if FedEx is tried and convicted.

San Francisco, CA
United States

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