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Chronicle AM: AZ Initiative Would Legalize All Drugs, DE Pot Legalization Bill Coming, More... (3/24/17)

Arizona initiative would legalize all drugs, Delaware will see a marijuana legalization bill this year, a West Virginia medical marijuana bill advances, and more.

Coca leaf. A Spanish court has refused to convict a man of drug trafficking for importing it. (YouTube)
Marijuana Policy

Arkansas Attorney General Rejects Marijuana Legalization Initiative Proposal. Attorney General Leslie Rutledge has rejected a proposed marijuana legalization initiative, saying the ballot title is ambiguous and that "a number of changes or additions" are needed "to more fully and correctly summarize" the proposal. The initiative came from Larry Morris of West Fork and would allow for the possession, cultivation, production, distribution, and sale of marijuana in the state.

Delaware Legalization Bill Coming. State Sen. Margaret Rose-Henry (D-Wilmington) is preparing a marijuana legalization bill that she says has support from law enforcement. "Law enforcement wants this bill. I'm pleased to tell you that there are police officers who think this is a good thing that we are going to reduce their having to arrest people who don't need to be arrested," said Rose-Henry. She is currently putting the finishing touches on the bill, she said.

Tennessee House Approves Bill to Undo Nashville's Decriminalization. The House on Thursday approved a bill that would take away Nashville's ability to issue civil citations for small amounts of marijuana instead of arresting people for it. House Bill 173 passed the House 65-28 and now goes to the Senate.

Medical Marijuana

Arkansas Senate Passes Two Medical Marijuana "Fix" Bills. The state Senate on Thursday approved two bills aimed at modifying the state's voter-approved medical marijuana law. The Senate approved House Bill 1400, which would ban the smoking of marijuana anywhere tobacco smoking is banned. That bill now goes to the governor's desk. The Senate also approved Senate Bill 721, which would require dispensaries to appoint a pharmacist director who would be available for consultations with patients during hours the dispensary is open. That bill now heads to the House.

Colorado Patient Plant Limit Rises to 24 as Bill Advances. A bill aimed at limiting marijuana home grows has been amended—again—in the House Judiciary Committee. In a Wednesday vote, the committee approved raising the plant limit under House Bill 1220 to 24 plants. The bill had originally set the number at 12, but lawmakers then upped the count to 16, and now 24—if patients register with the state. The bill now heads for a House floor vote.

West Virginia Medical Marijuana Bill Advances. The Senate Health and Human Resources Committee voted Friday to approve Senate Bill 386, the West Virginia Medical Cannabis Act. The bill would create a system of regulated cultivation sites and dispensaries and allow the use of medical marijuana by persons suffering from a list of qualifying conditions. The bill now heads to the Senate Judiciary Committee.

Industrial Hemp

West Virginia Hemp Bills Head for Floor Votes. Both the House and the Senate sent hemp-related measures to floor votes in their respective chambers Wednesday. The Senate Agriculture Committee advanced Senate Resolution 35, which calls on Congress to distinguish between hemp and marijuana by THC threshold. Meanwhile, the House Judiciary Committee advanced House Bill 2453, which would allow the state agriculture commissioner discretion to issue commercial hemp production licenses.

Drug Policy

Arizona Groups Files Initiatives to Legalize Marijuana, All Drugs. An organization called RAD Final has filed a pair of initiatives relating to drug policy. Initiative I-13-2018 would legalize all drugs and forbid government from taxing or regulating them, while I-14-2018 would legalize marijuana alone. Initiative organizers would have to gather 150,642 valid voter signatures for each initiative by July 2018 to qualify for the 2018 ballot.

Drug Testing

West Virginia Employee Drug Testing Bill Advances. A bill that would let employers require employees to undergo suspicionless drug tests passed the House of Delegates on Thursday. House Bill 2857. The bill now goes to the Senate.

International

Spanish Court Acquits Man of Importing Coca Leaf. The provincial court of Girona has acquitted a Colombian man of drug trafficking charges for importing coca leaf. The decision came after the defense presented evidence and testimony about the historical, cultural, social and medicinal value of the coca leaf. 

Chronicle AM: Philippines Prez in Hot Seat Over Bloody Drug War, WV Sees Pot Legalization Bill, More... (3/16/17)

The Philippines' bloody-handed president is facing harsh criticism as the UN Commission on Narcotic Drugs meets in Vienna, West Virginia gets a marijuana legalization bill, New York City Mayor Bill de Blasio rolls out a plan to fight opioid addiction and overdoses, and more.

Filipino President Rodrigo Duterte is under attack at home and abroad over drug war abuses. (The Fix)
Marijuana Policy

West Virginia Legalization Bill Filed. Delegate Sean Hornbuckle (D-Cabell County) introduced House Bill 3035 Tuesday. The bill would tax and regulate marijuana like alcohol. It has been sent to the House Health and Human Resource Committee. If it gets through there, it must then go to the House Judiciary Committee before heading for a House floor vote.

Medical Marijuana

Arkansas Bill to Ban Edibles, Public Smoking Wins Committee Vote. A bill that would bar medical marijuana patients from consuming edibles or from smoking their medicine in public was approved Wednesday by the House Rules Committee. But the measure, House Bill 1400, faces an uphill battle to win final approval because any changes to the voter-approved medical marijuana law require a two-thirds vote to pass.

Massachusetts Bills Would Protect Patients' Employment Rights. Even as the state Supreme Court Thursday heard a case on employment rights for medical marijuana patients, two bills alive in the state legislature would do just that. Rep. Frank Smizik (D-Brookline) has introduced House Bill 2385, which would explicitlyprotect the rights of a medical marijuana patient to use the drug without facing discrimination in hiring, firing or terms of employment. The bill would also protect medical marijuana patients from discrimination in education, housing and child welfare and custody cases. That bill is currently before the Committee on Marijuana Policy. A similar bill was filed last sessions, but didn't pass. A second bill, House Bill 113, is aimed mostly at updating state law to bring it in line with the Americans With Disabilities Act, but one provision clarifies that employers cannot take adverse employment action against someone for using medical marijuana. That bill is before the Joint Committee on Children, Families, and Persons with Disabilities.

Nebraska Medical Marijuana Bill Gets Charged Hearing. At a hearing in the Judiciary Committee Wednesday, law enforcement, the state attorney general's office, and the state's top doctor all came out in opposition to a medical marijuana bill, Legislative Bill 622, but legislators also heard emotional testimony in favor of the bill from Army veterans and others who said they would benefit from access to medical marijuana. Five of the bill's sponsors sit on the eight-member Judiciary Committee, so the bill is likely to make it to a House floor vote, where opposition has killed similar measures in past years.

Heroin and Prescription Opioids

New York City Mayor Reveals Plans to Fight Opioid Addiction. Mayor Bill de Blasio said Monday that the city planned to spend as much as $38 million a year on a broad array of measures aimed at reducing opioid addiction and overdoses. Among the measures mentioned were expanded methadone and buprenorphine treatment, the distribution of the overdose reversal drug naloxone to all 23,000 city patrol officers, a focus on city hospitals on dealing with addiction and overdoses, and increased prosecution of opioid dealers. De Blasio mentioned outreach, treatment, and law enforcement, but not harm reduction.

International

Bolivia Says It Does Not Need US or European Help to Fight Drug Trafficking. Bolivian Vice President Alvaro Garcia Lima said Wednesday that his country doesn't need help or advice from the US or Europe on its coca policies or its fight with drug traffickers. "We fight against drug trafficking with Bolivian money, we do not depend on the European Union (EU) to fight against drug trafficking. Before when we depended on the United States, Bolivia received about USD $100 million. We have set aside that aid," he said. Garcia Lima's remarks came in response to European Union criticism of a new Bolivian law nearly doubling legal coca cultivation. The EU suggested that perhaps its aid to Bolivia should be "refocused." Garcia Lima retorted that Bolivia is "not begging money" from the EU.

Philippines Vice-President Condemns Duterte's Drug War. In an interview with Time magazine ahead of a speech set for Thursday at the Commission on Narcotic Drugs in Vienna, Philippine Vice President Leni Robredo condemned President Rodrigo Duterte's bloody drug war and said she was "inspired" by growing opposition to it. She also said she was "encouraged" that the international community is speaking out. "We hope that in the next few months we, together with the international community, can convince the current administration to focus its efforts in ending human-rights violations and extrajudicial killings," she said.  "In addition, let us work together to strengthen the existing accountability mechanisms in the Philippines in order for us to have those responsible brought to justice. We hope that we can persuade the administration to concentrate more on the bigger war we are facing — the war on poverty."

Philippines Lawmaker Files Impeachment Complaint Against Duterte, Cites Drug War Killings. Philippines Rep. Gary Alejano has filed an impeachment complaint against President Rodrigo Duterte, calling for his removal for high crimes, abuses of power, and betrayal of public trust. The complaint lists drug-related murders, the operation of death squads while Duterte was mayor of Davao City, and conflicts of interest among the impeachable offenses. Pro-Duterte lawmakers said the complaint "will not fly," but Alejano was undaunted. ""Our goal with this complaint is to be a vehicle for Filipinos to have a voice to oppose and fight against the abuses and crimes of President Duterte," Alejano told a televised news conference."We know it's an uphill battle ... but we believe that many will support this."

Chronicle AM: US Senate Okays Unemployment Drug Testing, NM Pot Decrim Advances, More... (3/15/17)

The US Congress has voted to allow states to force drug tests on people seeking unemployment benefits, decriminalization bills get filed in Florida and advance in New Mexico, another mass grave is uncovered in Old Mexico, and more.

A bill that would decriminalize small-time pot possession is moving in Santa Fe. (irin.org)
Marijuana Policy

Florida Decriminalization Bills Filed. A pair of lawmakers have filed identical decriminalization bills. Rep. Carlos Guillermo Smith (D-Orlando) filed House Bill1403, while Sen. Jeff Clemens (D-Lake Worth) filed Senate Bill1662. Under the bills, possession of up to an ounce would be decriminalized, with a maximum $100 fine. Under current law, possession of up to an ounce is punishable by up to a year in jail and/or a $1,000 fine.

New Mexico Decriminalization Bill Advances. A bill that would decriminalize the possession of up to a half ounce of marijuana has passed out of the House Consumer and Public Affairs Committee and now faces only one more vote in the House Judiciary Committee before heading to the House floor. The measure, Senate Bill 258, has already passed the Senate.

Heroin and Prescription Opioids

Washington State Bill Would Force Heroin and Opioid Users into Treatment. State Sen. Steve O'Ban (R-University Place) has filed a bill that could force opioid users into involuntary drug treatment by declaring them "gravely disabled" under the Involuntary Treatment Act. The measure, Senate Bill 5811, had a hearing Tuesday in the Senate Committee on Human Services, Mental Health, and Housing, but no vote was taken, and O'Ban said he didn't think the bill was going anywhere this year.

Asset Forfeiture

Mississippi Governor Signs Civil Asset Forfeiture Reform Bill into Law. Gov. Phil Bryant (R) Monday signed into law House Bill 812, under which state law enforcement agencies will have to report their seizures, create a searchable website for seizure information, and submit civil seizure warrants to judges within 72 hours. The new law doesn't end civil asset forfeiture in the state, but advocates said "it's a start."

Drug Testing

Senate Votes to Allow States to Drug Test People Seeking Unemployment Benefits. The Senate voted 51-48 along party lines to roll back an Obama-era regulation that blocks states from demanding drug tests of people seeking unemployment benefits. Under a 2012 law, states can only drug test individuals applying for unemployment benefits if they were previously fired for drug use or work in jobs for which workers are regularly drug tested. The Obama rule specified a list of jobs that could be included under the law. The measure has already passed the House, and President Trump is expected to sign it.

International

Mass Grave Discovered in Mexico's Veracruz. Searchers have uncovered a series of mass graves on the outskirts of the city of Veracruz where scores, if not hundreds, of people believed to have been killed in drug gang violence have been buried. On Tuesday, local prosecutor Jorge Winkler told reporters that 250 human skulls had been found at the sites. An estimated 100,000 people have been killed in Mexico's drug wars in the past decade, and tens of thousands more have gone missing.

Colombia Coca Cultivation at Two-Decade High, US Says. The US estimates that coca production in Colombia increased 18% last year over 2015, with nearly half a million acres under production. The spike in production comes as the country begins implementing a peace accord with FARC rebels, and be the result of a "perverse incentive" for farmers to grow coca last year in order to qualify for subsidies for switching to substitute crops. 

Chronicle AM: OR Bill to Bar MJ Drug Tests Before Hiring Gets Rough Reception, More... (2/22/17)

An Oregon effort to protect marijuana using job seekers gets hammered by employers, the Arkansas commission charged with crafting rules and regs for medical marijuana has approved final rules, asset forfeiture reform has passed the North Dakota House, Bolivian coca farmers are unhappy, and more.

Drug testing that discriminates against marijuana users is an issue in pot-legal states. (Wikimedia)
Marijuana Policy

Oregon Bill to Block Employers From Firing Workers for Marijuana Use Gets Rough Reception. A bill that would protect workers from using state-legal marijuana during their off hours ran into a storm of opposition at a hearing Tuesday. Senate Bill 301 would bar employers from refusing to hire workers merely because of a positive test result for pot, but employers complained that the bill would violate federal law and that there is no scientific means of determining whether someone who tests positive is still under the influence. The hearing was before the Senate Judiciary Committee. No vote was taken.

Medical Marijuana

Arkansas Commission Approves Medical Marijuana Rules. The state Medical Marijuana Commission Tuesday approved final rules governing how the state's medical marijuana system will be regulated. Next comes a public hearing set for March 31, and then the rules must be approved by the state legislature, which must happen before May 8. After that, the commission will use the rules to determine who gets licenses to grow and sell medical marijuana.

Indiana CBD Bill Heads for Governor's Desk. The House passed Senate Bill 15 on a 98-0 vote Tuesday. The Senate had approved the bill last week, so it now goes to the desk of Gov. Eric Holcomb (R). The bill would allow people with epilepsy to use CBD cannabis oil.

South Carolina Medical Marijuana Bill Advances. A House panel voted 3-0 Tuesday to advance House Bill 3128, a full-fledged medical marijuana bill that includes provisions for dispensaries. The bill now goes to the full Medical Military and Municipal Affairs Committee.

Asset Forfeiture

North Dakota House Passes Asset Forfeiture Reform Bill. The House voted 50-42 Wednesday to approve House Bill 1170, which would end civil asset forfeiture by requiring a prior criminal conviction before property could be seized, and which would require that any revenues from seizures go to the state's general fund instead of to law enforcement. The measure now heads to the Senate.

International

Bolivian Coca Farmers Clash With Police Over Cultivation Limits. Angry coca farmers threw rocks, fireworks, and sticks of dynamite as they clashed with police outside the Palacio Quemado, the seat of government and official residence of President Evo Morales in La Paz. That was the second day of clashes sparked by the government's move to limit coca cultivation to 50,000 acres. The government says local demand only requires about 40,000 acres, but the farmers say that figure is too low.

Chronicle AM: House Passes Unemployment Drug Test Bill, Houston Decriminalizes, More... (2/16/17)

The House approves a bill that could open the door to states drug testing people seeking unemployment benefits, harsh sentencing bills advance in Ohio and Kentucky, Houston decriminalizes marijuana possession (in most cases), and more.

The House has approved a bill that would allow states to expand drug testing of people seeking unemployment benefits. (wikimedia
Marijuana Policy

Arizona PAC Plans to File 2018 Legalization Initiative. A political action committee called Safer Arizona was set to file a marijuana legalization initiative with state officials Thursday. Arizona voters narrowly devoted a similar measure last year, but organizers say this one will have some differences, including requiring that people be at least 21 before they can buy it. They will have to gather 150,000 valid voter signatures by July to qualify for the 2018 ballot.

Guam Legalization Bill Gets Hearing. In a hearing Tuesday on a marijuana legalization measure, Bill 8-34, representatives of the judiciary said they took no position on the bill, but cautioned that implementing legalization would require a review of the island territory's entire criminal code. Guam Customs and Quarantine acting chief, Maj. Phillip Taijeron also testified, saying he supported the will of the people. "If the will of the people is to enact Bill 8-34, then I am in support of Bill 8-34," Taijeron said.

New York State Assembly Passes Landmark Legislation to Seal Past Marijuana Possession Convictions. The Assembly voted Tuesday in favor of Assembly Bill 2142, which would seal the criminal records of people who have been unjustly and unconstitutionally arrested for simple possession of marijuana in public view. The vote was 95 in favor and 38 opposed.This sealing legislation has taken on increased importance amid the Trump Administration’s rhetoric and actions targeting immigrant communities. On the national level, simple marijuana possession is the fourth most common cause of deportation, according to the report "Secure Communities and ICE Deportations: A Failed Program?" Sealing records will provide a measure of protection for immigrants by making it difficult or impossible for immigration authorities to meet their legal burden of proof for a judge to find a lawful permanent resident deportable. Additionally, sealing will guard against the Trump administration's Executive Order targeting noncitizens with any criminal arrests and/or convictions for deportation. If the arrest is also sealed and the sealed information is not shared with the FBI, these individuals may be at lower risk of becoming an enforcement target.

Houston to Decriminalize Marijuana Possession. The nation's fourth largest city is ready to decriminalize small-time marijuana possession. As of March 1, under a new "Misdemeanor Marijuana Diversion Program," in most circumstances people caught with an ounce or less will face no jail, no tickets, no court appearances and no criminal record. Houston and surrounding Harris County have spent $200 million prosecuting 100,000 pot possession cases in the past decade, with "no tangible public safety benefit," said District Attorney Kim Ogg (D), who took office this year.

Medical Marijuana

Indiana Senate Passes Limited CBD Bill. A measure that would allow people with epilepsy to use low-THC cannabidiol oil passed the Senate Tuesday. The measure, Senate Bill 15, now moves to the House.

Virginia Republicans Kill CBD Expansion Bill. Patient advocates burst into tears Wednesday night as six House Republicans voted to kill a major expansion of the state's CBD law, which limited its use to people with epilepsy. Senate Bill 1298 would have expanded the law to allow its use for treatment for 13 more conditions, but the bill was killed by a 5-6 party line vote in the subcommittee that writes criminal law.

Asset Forfeiture

Colorado Cops Lobby Hard, Defeat Asset Forfeiture Reform. A proposal to expand oversight of police seizures of property was defeated in a party line vote in a Senate committee Wednesday, with Republicans casting all the "no" votes. The measure, Senate Bill 17-136, would also have prevented law enforcement agencies from turning property over to the federal government to get around state restrictions unless the property was worth more than $50,000. The vote came after a parade of law enforcement officers testified against the bill.

Drug Testing

House Approves Measure Aimed at Expanding Drug Testing of People Who File for Unemployment Assistance. The House approved H.J. Res 42, which would repeal a recently finalized Department of Labor rule that interpreted a 2012 federal law that permits states to drug test people who file for unemployment insurance in certain circumstances. Advocates see the repeal of the Department of Labor rule as a first step by some Republicans in Congress at undoing federal restrictions on states conditioning receipt of unemployment and other forms of public assistance on a drug test. The measure now goes before the Senate.

Sentencing

Kentucky Senate Passes Bill Toughening Penalties for Heroin, Fentanyl Sales. The Senate voted unanimously Thursday to approve a bill increasing penalties for people trafficking even the smallest amounts of heroin and fentanyl. The measure, Senate Bill 14, rolls back sentencing reforms enacted in 2011. Under those reforms, trafficking less than House Bill 4, which reverses a state Supreme Court ruling that only the weight of actual cocaine -- not filler -- be used when imposing stiffer sentences for possession and trafficking. Under the bill, prosecutors would be able to sentence defendants based on the weight of the entire mixture. Under the bill, a pound of powder that contained only a gram of cocaine would be considered a pound of cocaine for sentencing purposes. The bill now moves to the Senate.

Chronicle AM: House GOP Wants to Drug Test for Unemployment Benefits, More... (2/15/17)

Vermont's GOP governor throws up an obstacle to marijuana legalization, the House GOP is set to vote to force unemployed workers to take drug tests before receiving their earned benefits, the rightist mayor of South America's largest city turns his back on harm reduction, and more.

House Republicans want laid off workers to have to undergo suspicionless drug tests before receiving their earned benefits.
Marijuana Policy

Oregon Bill Would Limit Pipe, Bong Sales to Pot Shops. Minority whip Rep. Jodi Hack (R-East Salem) has filed a bill that would only allow pot paraphernalia to be sold a licensed marijuana shops. Hack said the measure, House Bill 2556, was aimed at stopping minors from buying the stuff at gas stations, minimarts, and tobacco shops. But smoke shop operators and other retailers are vowing a fight.

Vermont Governor Demands Tough Driving Provisions Before He Will Support Legalization. Gov. Phil Scott (R) says he will not support a legalization bill before the legislature unless it has provisions allowing police to determine is someone is driving while impaired. "Certainly it's still problematic from the standpoint of public safety," said Scott. "I want to make sure that we address those concerns I talked about on the campaign trail in terms of impairment on our highways." He also acknowledged that current tests don't provide clear evidence of impairment, but used that uncertainty to say Vermont should wait and see how other states deal with the issue.

Medical Marijuana

Arkansas Medical Marijuana "Fix" Bills Advance. The House voted Monday to approve two bills aimed at tidying up the state's new medical marijuana law. The measures, both authored by Rep. Doug House (R-North Little Rock) are House Bill 1371, which requires that Arkansans hold 60% ownership interest in pot businesses in the state, and House Bill 1298, which requires that persons, not corporations, hold the licenses. The bills now head to the Senate.

South Dakota CBD Bill Advances. The Senate Judiciary Committee voted Tuesday to approve Senate Bill 95, which would reschedule CBD as a Class 4 drug in the state and remove it from the definition of marijuana under state law. The bill would legalize the possession and use of CBD, but only upon approval by the FDA. That requirement was added in committee.

Drug Testing

House to Vote on Drug Testing the Unemployed. The House was prepared to vote as early as today on House Joint Resolution 42, which would undo Obama administration limits on drug testing people seeking unemployment benefits. Under a compromise to extend unemployment benefits in 2012, the Obama administration agreed to limited drug testing, but only once the Labor Department had identified industries and sectors that "regularly require drug tests." People receiving unemployment benefits are people who have been laid off from work, not people who have been fired for cause, including drug use. People who are fired for cause don't qualify for unemployment benefits.

Arkansas Senate Approves Bill Making Welfare Drug Testing Permanent. The Senate Tuesday approved Senate Bill 123, which would make permanent a welfare drug testing pilot program approved two years ago, even though the pilot program had only two people fail a drug test and 11 decline to take it out of more than 3,000 people who applied for welfare last year. Under the Arkansas law, the children of people who fail a drug test lose their benefits unless their parent undergoes drug treatment at his or her own expense. The bill now goes to the House.

International

Sao Paulo's New Mayor Turns Back on Successful Harm Reduction Program. New Mayor Joao Doria will scale back a successful harm reduction program that provided housing and jobs to people with problematic crack cocaine use and replace it with a coercive and abstinence-based program. The Restart program Doria likes involves the involuntary "hospitalization and confinement of those who are victims of crack so that with medical treatment, they can stay away from drugs," he explained.

Venezuela VP Shrugs Off US Drug Sanctions. The Venezuelan government Tuesday condemned US sanctions imposed a day earlier on Vice President Tareck El Aissami as a "highly dangerous" infringement of Venezuelan sovereignty, while El Aissami himself called it a "miserable and defamatory aggression" that wouldn't distract him from his job. The US accuses El Aissami of facilitating cocaine shipments while he was a provincial governor.

Chronicle Book Review: This Side of Freedom: Life After Clemency, by Anthony Papa

After decades of the war on drugs and other "tough on crime" policies, America seems finally to have begun to come to its senses. The imprisonment rate has leveled off, and we're no longer seeing year after year after year of ever-increasing numbers of people behind bars in the land of the free.

We've seen that change at the federal level, with the Fair Sentencing Act, softening of the sentencing guidelines for drug offenses, and Justice Department instructions to prosecutors to avoid hitting bit players with mandatory minimum sentences. We've seen that at the state level, with sentencing reforms in dozens of states leading to an actual reduction in the number of state prisoners. And we've even seen it at the local level -- the nation's system of city and county jails -- through things like marijuana decriminalization and reforms in bail practices.

That's all well and good, but we're still the world's leading jailer, in both absolute and per capita term, with more than two million people locked up (China only has 1.5 million). Tens of thousands of them are non-violent drug offenders sentenced under draconian laws enacted before the fever broke -- confined not for years, but for decades -- and writing less brutal sentencing laws now isn't much help to them.

In his waning days in office, President Obama struck a bold blow for justice and made modern presidential history by granting clemency to more than 1,700 federal drug prisoners. Let's be crystal clear here: These were not pardons granted to people who had finished their sentences and long ago returned to society and now wanted their records wiped clean. Obama's commutations meant that people currently spending their lives behind prison walls walked free -- years or decades before they otherwise would have. Hundreds, mostly third time drug offenders serving life sentences, would have died in prison.

But the president can only grant pardons or commutations to people in the federal system, and the vast majority of American's prisoners are in state prisons. Each state governor holds a pardon power similar to the federal chief executive's, but it is used sparingly, some might even say stingily, and has certainly never been wielded in a mass fashion to achieve a social justice end like Obama did at the federal level.

That's a crying shame -- and a potential focus of reform organizing -- because a governor's signature can liberate a human being who not only deserves a chance to breathe the air of freedom, but who may actually make our world a better place by being in and of it instead of being locked away from it -- and us.

Ask Tony Papa. He was a young New York City family man with his own business who, short on cash, took an offer to make a few hundred bucks by delivering some cocaine back in the 1980s, when New York's draconian Rockefeller drug laws were still in full effect. It was a sting, and Papa got popped. Like thousands of others, the luckless he quickly entered the state's drug war gulag, sentenced to 15 years to life.

In an earlier work, 15 to Life, Papa told the story of his bust, his seeming eternity behind bars, his slammer-honed artistic talent, and how an anguished self-portrait that seemed to encapsulate the horror and madness of crushing drug prohibition resulted in some high-placed interest, followed by media attention, a public campaign on his behalf, and his release after 12 years when he was granted clemency by then-Gov. George Pataki. It is a remarkable tale of punishment, perseverance, and redemption.

And now, he's back with the rest of the story. In This Side of Freedom: Life After Clemency, the personable Papa tells the tale of his life after rebirth -- and makes achingly clear how the trauma of years-long incarceration lingers in the psyche of the freed. There is a clear public policy moral buried in these pages, too: Getting out of prison is only the first step, reentry into society is hard, society itself seems to make it even harder, a virtual obstacle course for people taking the baby steps of freedom, but if we as a society are smart, we will make the effort, for our own collective sake as well as out of a humanitarian impulse.

Compared to most newly freed prisoners, Papa had it good. The campaign for his release had made him connections, he could find work, he could revive his familial ties, yet still he struggled, and understandably so. When you've spent a dozen years being told what to do, freedom isn't easy.

Papa had his demons, and part of the way he fought them was by resolving not to forget the prisoners he left behind. Within a year of his release, inspired by the courageous years-long struggle of the Argentine Mothers of the Disappeared, those survivors of the thousands taken and killed by the military dictatorship of the 1970s, he and comic/political gadfly Randy Credico formed the New York Mothers of the Disappeared along with family members of the thousands imprisoned under the Rockefeller laws.

Papa, Credico, and the Mothers played a critical role in early efforts to overturn the Rockefeller drug laws, and his tales of feckless politicians, preening celebrity intervenors, and back room double-dealing are the inside dirt on the glacial process of bringing some sanity to the state's drug laws. It ain't pretty, but reform did happen -- eventually -- and Papa got his social justice payback. If that isn't redemption-worthy, I don’t know what is.

This Side of Freedom is one part memoir, one part social history, one part heart-felt manifesto. Papa is an effective, engaging writer who tells his story in discrete episodes and has a knack for jumping from the personal to the political like a quivering quantum particle. You'll meet a range of colorful characters and experience the gamut of human emotion -- the highs, the lows, the ennui -- as you follow Papa's path.

His is one portrait of life in turn-of-the-21st Century America: mindless cruelty and brutality, mixed with racial injustice, but leavened with the will to resist. Read and ask yourself: How many other Tony Papas are out there, watching their lives tick away as they're locked in the cells, when they could be out here helping the rest of us make our world a better, more just and humane place?

Chronicle AM: CA Faces Plethora of Pot Bills, NM Legalization Bill Advances, More... (2/6/17)

Marijuana-related legislation is moving in several states, the HIA is suing the DEA over hemp foods, Philippines Catholic bishops speak out against drug war killings, and more.

The Hemp Industry Association is suing the DEA (again) over hemp foods. (thehia.org)
Marijuana Policy

Alaska On-Site Consumption Not Dead Yet. Last Wednesday, the Marijuana Control Board shot down a proposal that would have allowed for Amsterdam-style cannabis cafes, but a day later, the state's Department of Economic Development clarified in a press release that the decision didn't amount to a permanent ban on such businesses. The department encouraged marijuana businesses that want to allow on-site consumption to continue filing relevant paperwork, even though there is not yet an alternative proposal to regulate businesses allowing on-site consumption.

After Legalization, California Faces a Plethora of Pot Bills. The passage of Prop 64 appears to have left as many questions as answers, and legislators in Sacramento are working to address them with at least nine bills filed already. The proposals range from efforts to reconcile the medical marijuana and legal marijuana regulatory systems to protecting non-union workers to helping pot businesses gain access to financial services and beyond. Click on the link to see the full list of bills and accompanying discussion.

New Mexico Legalization Bill Wins House Vote. The House Consumer and Public Affairs Committee voted to allow a legalization measure, House Bill 89, to keep advancing through the House. The committee made no recommendation for or against. The bill still faces to more committee votes before it can head for a House floor vote. "This is the one thing we can do this year that will instantly inject a massive amount of money into our economy and create jobs right away," said bill sponsor Rep. Bill McCamley (D-Mesilla Park).

New York Legalization Bills Filed. A pair of identical bills to legalize marijuana for adults and allow for legal, taxed, and regulated marijuana commerce have been filed in Albany. They are Senate Bill 3040, with Sen. Liz Krueger (D-Manhattan) as primary sponsor, and Assembly Bill 3506, with Assemblymember Crystal Peoples-Stokes (D-Buffalo) as primary sponsor.

Wyoming House Votes to Cut Pot Penalties. The House voted Saturday to approve House Bill 197, which would reduce the penalty for possession of three ounces of marijuana or less. The bill now moves to the Senate.

Medical Marijuana

Washington Bill to Allow Medical Marijuana Use at School Wins Committee Vote. The House Health Care and Wellness Committee approved "Ducky's Bill," House Bill 1060, last Friday on a 13-3 vote. The bill is named after an elementary school student who can only attend half-days of class because of intractable epileptic seizures. It would require school districts to allow students to use medical marijuana on school grounds, on a school bus, or while attending a school-sponsored event. A companion measure has been filed in the Senate, but has not moved yet.

Hemp

Hemp Industries Association Sues DEA Over Illegal Attempt to Regulate Hemp Foods as Schedule I Drugs. The Hemp Industries Association (HIA) has filed a motion to hold the Drug Enforcement Administration (DEA) in contempt of court for violating an unchallenged, long-standing order issued by the U.S. Court of Appeals in San Francisco, prohibiting the agency from regulating hemp food products as Schedule I controlled substances. Specifically, the HIA asserts that the DEA continues to operate with blatant disregard for the 2004 ruling made by the Ninth Circuit Court of Appeals, which permanently enjoined the DEA from regulating hemp fiber, stalk, sterilized seed and oil, which are specifically exempted from the definition of "marijuana" in the federal Controlled Substances Act.

Asset Forfeiture

Colorado Bill Would Close Federal Asset Forfeiture Loophole in Most Situations. A bipartisan group of four senators has filed Senate Bill 136, which would require state law enforcement to comply with extensive reporting requirements, but would also prohibit them from entering into agreements to transfer seized property to the federal government unless it amounts to more than $100,000. Law enforcement agencies use federal sharing programs to get around state laws aimed at reining in asset forfeiture procedures. The bill is now before the Senate Judiciary Committee.

Drug Testing

Colorado Companies Shedding Marijuana Drug Tests. The Associated Press is reporting that in the past two years, seven percent of Colorado companies have dropped marijuana from pre-employment drug tests. Would you test someone for alcohol or something like that I mean it's legal like alcohol is. Why would you test someone for marijuana especially if it's legal?" said one small business owner.

Rhode Island Random Welfare Drug Testing Bill Filed. State Sen. Elaine Morgan last Thursday filed a bill that would allow the Department of Human Services to conduct random, suspicionless drug tests on welfare recipients. The bill heads to the Senate Judiciary Committee. It has yet to appear on the legislative website.

International

Israeli Ministers Endorse Bill to Allow Medical Marijuana Exports. The Ministerial Committee on Legislation has endorsed a draft bill to allow the export of medical marijuana. That means the measure will now move forward as a government bill.

Tel Aviv Marijuana Legalization Demonstration Draws Thousands. As the Knesset and the Israeli cabinet ponder marijuana decriminalization, thousands of Israelis gathered in Tel Aviv Saturday night to call for full legalization. At least two Knesset members, Likud's Sharren Haskel and Meretz's Tamar Zandberg, were present.

Philippines Catholic Bishops Issue Pastoral Statement Condemning Drug War Killings. The Catholic Bishops Conference of the Philippines issued a pastoral statement Sunday expressing opposition to President Rodrigo Duterte's campaign of killings of drug users and sellers. The bishops called on Filipinos to follow the basic teaching of the Church. The full text of the statement is available at the link.

Chronicle AM: Sessions AG Nomination Advances, FL Bill Would Fix MedMJ System, More... (2/2/17)

The Senate Judiciary Commitee has approved the nomination of Sen. Jeff Sessions to be attorney general, a legalization bill pops up in Wyoming, a Florida bill that would fix the state's medical marijuana system has the support of the folks behind the constitutional amendment, and more.

Marijuana foe Jeff Sessions is one step closer to being Attorney General (senate.gov)
Marijuana Policy

Wyoming Bill to Put Legalization to Popular Vote Filed. State Reps. James Byrd (D-Cheyenne) and Mark Baker (R-Rock Springs) have filed House Joint Resolution 11, which would allow the state's residents to vote on a constitutional amendment legalizing marijuana. The measure envisions legalizing up to three ounces and six plants, three of which can be mature. The bill's prospects are dim; the legislature has already defeated a decriminalization bill this year and is currently fighting over how much jail time pot possessors should face.

Medical Marijuana

Florida Bill Would Overhaul State's Medical Marijuana Laws. State Sen. Jeff Brandes (R-St. Petersburg) filed Senate Bill 614 Wednesday. The bill would scrap the state's existing system and replace it with a new set of rules. The move is supported by the people behind the successful Amendment 2 initiative. "Sen. Brandes' bill does an excellent job of establishing a comprehensive, tightly regulated medical marijuana system in Florida," said United For Care campaign manager Ben Pollara on Wednesday. "The two most essential pieces of implementation are maintaining the primacy of the doctor-patient relationship, and expanding the marketplace to serve patient access. SB 614 does both in a well-regulated, well thought out manner."

Asset Forfeiture

Kansas Legislature Punts on Asset Forfeiture. The House Judiciary Committee voted Wednesday to set aside five bills dealing with asset forfeiture issues until it could get input from an advisory committee. The bills have been referred to the Kansas Judicial Council, which Committee Chairman Blaine Finch said may "possibly draft legislation," but probably not this year.

Drug Testing

Iowa Workplace Hair Drug Testing Bill Passes Senate. A bill that would allow employers to conduct drug tests using hair samples passed the Senate 35-15 on Wednesday. Employers can already conduct drug tests using blood, urine, or saliva, but the hair tests can indicate drug use months in the past.

Drug Policy

The Senate Judiciary Committee Thursday approved the nomination of Sen. Jeff Session (R-AL) to be attorney general on a party line vote of 11-9. The nomination now goes before the full Senate.

Chronicle AM: MA Bills Subvert Legalization Init, OR MJ Bill Protects Workers, More... (1/23/17)

A Democratic Massaschusetts state senator is out to seriously undercut the state's new, voter-approved marijuana legalization law, an Oregon bill seeks to protect marijuana users' employment rights, El Chapo gets extradited to the US, and more.

Marijuana Policy

DC Activists Hand Out 8,000 Joints for Trump Inauguration. The same folks who brought you legal marijuana in the District were on hand Friday for the inauguration of the incoming president. DCMJ activists handed out nearly double the promised 4,200 joints they promised. A good time was had by all. "Oh yeah, there's 10,000 people who showed up for free marijuana today, so it's really busy," DCMJ founder Adam Eidinger said. "The goal is really to get Donald Trump talking about marijuana, to show the tremendous support. To show that you can have Trump supporters and non-Trump supporters together in unity."

Arizona Decriminalization, Legalization Bills Filed. State Rep. Mark Cardenas (D-Phoenix) filed a bill to decriminalize pot possession (House Bill 2002) and one to legalize marijuana (House Bill 2003). Previous similar bills have never won even a committee hearing, but the state's felony marijuana possession law may finally be out of step with the times enough to give the decrim bill a hearing.

Hawaii Marijuana Legalization Bill Filed.Speaker of the House Joseph Souki (D-District 8) has filed House Bill 205, which "authorizes persons 21 years of age or older to consume or possess limited amounts of marijuana for personal use. Provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, safety testing facilities, and retail stores" and "applies an excise tax on transactions between marijuana establishments."

Maryland Appeals Court Upholds Search Based on Pot Smell, Despite Decriminalization. Even though the possession of small amounts of pot has been decriminalized in the state, the state's highest court has ruled that it remains a banned substance and thus give police probable cause to search a vehicle if they smell it. "Simply put, decriminalization is not synonymous with legalization, and possession of marijuana remains unlawful," Court of Appeals Judge Shirley M. Watts wrote in a unanimous opinion issued Friday. Defendants had argued that police should be required to cite factors leading them to believe the amount they smelled was greater than the 10 grams decriminalized under state law. But the court didn't buy that argument.

Massaschusetts Bills Would Gut Legalization Law. Hardline marijuana foe state Sen. Jason Lewis (D-Winchester) has filed legislation that would deeply curb the ability of state residents to possess and grow marijuana and threaten the ability of recreational pot shops to begin selling a full range of products next year. Lewis would delay the ability of pot shops, now set to open in July 2018, to sell edibles and concentrates for at least two more years, and he would dramatically increase the ability of local governments to reject marijuana businesses. Under the legalization law, they must go to the voters, but Lewis's legislation would undo that. Groups that led the successful November legalization initiative are vowing a vigorous fightback. His package of 14 bills was filed last Friday, the last day to do so.

Oregon Bill to Prevent Pot Smokers From Getting Fired Filed. State Rep. Ann Lininger (D-Lake Oswego) has filed Senate Bill 301, which would override a state Supreme Court decision saying employers can fire marijuana users even though it is legal in the state. The bill would bar employers from requiring workers or prospective workers to "refrain from using a substance that is lawful to use under the laws of this state during nonworking hours."

Virginia Legislators Punt on Decriminalization Bills. A state Senate committee Monday refused to approve a pair of decriminalization bills, instead opting to delay them while the Virginia State Crime Commission studies decriminalization. The bills were Senate Bill 1269 from Sen. Adam Ebbin (D-Alexandria) and Senate Bill 908 from Sen. Louise Lucas (D-Portsmouth).

Asset Forfeiture

Illinois Bill Would End Civil Asset Forfeiture. State Rep. Al Riley (D-Hazel Crest) has filed House Bill 468, which would prohibit the state from seizing property without a criminal conviction. The measure would also block prosecutors from doing an end run around state law by passing cases off to the feds, who then return 80% of the money to the law enforcement agency involved. The bill has been referred to the House Rules Committee.

Drug Policy

California Bill Would Protect Immigrants from Deportation in Low-Level Drug Cases. Assemblywoman Susan Talamantes Eggman (D-Stockton) Monday filed a bill to shield immigrants from deportation for minor drug offenses -- as long as they seek drug treatment or counseling. The bill would adjust state law so that defendants without prior convictions within the last five years could enroll in drug treatment before entering a guilty plea and have those charges wiped from their record upon successful completion. That would prevent them from being considered drug offenders eligible for deportation under federal law. Gov. Jerry Brown (D) vetoed a similar bill last year. The bill is not yet available on the legislative website.

Drug Testing

Missouri College Appeals to US Supreme Court Over Student Drug Testing. Linn State Technical College has appealed to the Supreme Court to overturn federal appeals court rulings that its program requiring mandatory drug testing of all incoming students is unconstitutional. The college has lost at just about every turn in this case, with a federal district court judge issuing an injunction to block implementation of the program, and the 8th US Circuit Court of Appeals rejecting mass, suspicionless drug testing. The appeals court did allow the college to impose testing on students in five safety-sensitive programs.

International

El Chapo Extradited to the US. Longtime Sinaloa Cartel leader and repeat Mexican prison escapee Joaquin "El Chapo" Guzman was extradited to the US last Thursday to face drug and other charges in New York City. "The government of the republic today delivered Mr. Guzmán to the authorities of the United States of America," the Mexican foreign ministry said in a statement.

German MPs Vote to Approve Medical Marijuana. The lower house of parliament last Thursday approved a measure legalizing the medicinal use of marijuana. The law limits the use of medical marijuana to "very limited exceptional cases" and patients will not be allowed to grow their own. Instead medical marijuana will be imported until state-supervised grow operations are set up in Germany.

Drug War Issues

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