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Chronicle AM: WY MedMJ Bill Killed, Ukraine Blocks Methadone to Rebel Regions, More (1/26/15)

Some pleasantly surprising poll results from Michigan, medical marijuana bills are popping up all over the place, the Baby Bou Bou SWAT raid is sparking bills to rein in over-the-top drug raiders, and more. Let's get to it:

Georgia bills seek to rein in over-the-top drug raiders.
Marijuana Policy

Michigan Poll Has Support for Taxing and Regulating Marijuana at 64%. A SurveyUSA poll released late last week has nearly two-thirds of respondents saying they would support legalizing, taxing, and regulating marijuana to increase school and road funding. That same set of respondents did not support increasing sales tax to increase school and road funding. Only 43% answered yes to that question. Click the link for more poll details.

South Carolina Decriminalization Bill Filed. Rep. Mike Pitts (R-Laurens) has filed House Bill 3117, which would decriminalize the possession of up to an ounce of weed.

Medical Marijuana

Pediatricians Call for Rescheduling Marijuana, Say Compassionate Use for Children Okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.

Georgia CBD Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon) today filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.

New Illinois Governor Stalling Medical Marijuana Licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.

South Carolina Medical Marijuana Bill Filed. House Minority Leader J. Todd Rutherford (D-Columbia) and several cosponsors have filed House Bill 3140, which would allow qualifying patients to grow and possess limited amounts of marijuana. Last year, the legislature passed a CBD-only medical marijuana bill.

Wyoming Medical Marijuana Bill Killed in House. The House Judiciary Committee last Thursday killed a medical marijuana bill on a 5-4 vote. The bill was House Bill 78.

Drug Testing

Wisconsin Governor Won't Fight Feds Over Food Stamp Drug Testing, But Will Seek Waiver. Gov. Scott Walker (R) had vowed to fight the Obama administration over requiring drug tests for food stamp recipients, but his forthcoming budget proposal now says he will seek waivers from the federal government. Federal law bars adding new eligibility requirements to the food stamp program.

Law Enforcement

Baby Bou Bou SWAT Raid Sparks Georgia Bill Regulating "No Knock" Raids. The May drug raid over a $50 meth sale that left a Georgia infant seriously injured by a flash bang grenade has sparked a reaction in the state legislature. Senate Bill 45, filed by Sen. Vincent Fort(D-Fulton County) this month, would require police to show probable cause that there is imminent potential for life endangerment or destruction of evidence if they knocked and declared their presence at a suspect's door prior to arrest. A separate House Bill 56 would end unannounced arrests between 10pm and 6am, unless a judge specifically grants a warrant.

International

Ukraine Blocking Delivery of Opiate Maintenance Drugs to Rebel Regions. The Kiev government is effectively blockading the pro-Russia regions under control of rebels, including supplies of buphrenorphine and methadone. Russia has been delivering other medical supplies to the region, but not the opiate maintenance drugs, which are illegal in Russia. In Donetsk, the last 52 patients on buphrenorphine ran out earlier this month, and the dwindling supply of methadone will be gone by March 1. There are nearly 400 methadone patients in the region.

Seven States That Are Next In Line to Legalize Marijuana [FEATURE]

Written in partnership with Alternet and originally published here.

President Obama is taking a pretty much laissez-faire approach to legalization experiments in the states. (whitehouse.gov
During a series of YouTube interviews Thursday, President Obama demonstrated a remarkably laissez-faire attitude toward marijuana legalization experiments in the states. And he signaled strongly that the Obama administration wouldn't be taking to the hustings to try to beat back legalization efforts, as previous administrations had been wont to do.

"What you're seeing now is Colorado, Washington through state referenda, they're experimenting with legal marijuana," the president said in response to a question from YouTube host Hank Green. "The position of my administration has been that we still have federal laws that classify marijuana as an illegal substance, but we're not going to spend a lot of resources trying to turn back decisions that have been made at the state level on this issue. My suspicion is that you're gonna see other states start looking at this."

Indeed. Legalization bills are already popping up in state legislatures around the country, and while it's unlikely -- though not impossible -- that any of them will pass this year, 2016 looks to be the breakout year for freeing the weed. One state is going to be the first to legalize it through the legislature, and next year seems reasonable. And the presidential election year is also likely to see successful legalization initiatives in several more.

Currently four states -- Alaska, Colorado, Oregon, and Washington -- and the District of Columbia have ended pot prohibition. But that's only about 18 million people. By the time they quit counting the votes on Election Day 2016, that number is likely to triple, and then some.

So, where's it going to happen? Here's where:

California

That California is the only state on the West Coast to not yet have legalized pot is an embarrassment to Golden State activists. They were first with medical marijuana in 1996, and they tried to be first to legalize it with Prop 19 in 2010, but came up short, garnering 46% of the vote on Election Day despite leading in the polls up until the final weeks. In 2012, with the big players sitting on their cash stashes, none of the competing initiative efforts even managed to make the ballot.

It will be different in 2016. The actors with deep pockets are all ready to get involved next year, the polling is good (if not great, hovering in the mid-50s), and the state's disparate and fractious cannabis community is already working to forge a unified front behind a community-vetted initiative. The main vehicle for activists is the California Coalition for Cannabis Law Reform, which has already started holding meetings statewide to try to a unified marijuana reform community.

California activists are laying the groundwork for 2016. (cannabispolicyreform.org)
With 38 million people, California is the big prize. It's also an expensive place to run an initiative, with the cost of getting on the ballot alone at around a million dollars. And it'll take several million more to pay for advertising in the key final weeks of the campaign. But the money is lining up, it'll take fewer signatures to qualify for the ballot (thanks to the dismal turnout in last year's midterms), and once it qualifies, it will have momentum from (by then) four years of legalization in Colorado and Washington and two years of it in Alaska and Oregon. California will go green in 2016.

Nevada

Nevada is the state that is actually furthest down the path towards legalizing it next year. The Marijuana Policy Project-backed Coalition to Regulate Marijuana Like Alcohol in Nevada has already qualified a legalization initiative for the 2016 ballot. It would legalize the possession of up to an ounce by adults 21 and over and allow for taxed and regulated marijuana commerce.

Under Nevada law, the legislature now has a chance to approve the initiative. If it does so, it would become law; if it rejects it or fails to act on it, it then goes to the voters on Election Day 2016.

Nevadans approved medical marijuana in 1998 (59%) and again in 2000 (65%), but voted down decriminalization in 2002 (39%) and legalization in 2006 (44%). But it has since then effectively decriminalized possession of less than ounce, and it's now been a decade since that last legalization initiative loss at the polls. Either marijuana will be legal by Election Day 2016 thanks to the legislature or the voters will decide the question themselves at the polls.

Arizona

In Arizona, possession of any amount of pot is still a felony, but polling in the last couple of years shows support for legalization either hovering around 50% or above it. Those aren't the most encouraging polling numbers -- the conventional wisdom is that initiatives want to start out at 60% support or better -- but a serious effort is underway there to put the issue before the voters in 2016.

The Marijuana Policy Project (MPP) is teaming with Safer Arizona and other state activist groups for the 2016 initiative campaign and has formed a ballot committee to begin laying the groundwork for a Colorado-style initiative.

The initiative language is not a done deal, and there are some signs that local activists aren't completely happy with MPP's proposed language, but that's why there are consultations going on.

Maine

The Marijuana Policy Project has been laying the groundwork for a statewide legalization initiative in 2016 with local initiative campaigns in some of the state's largest cities in 2014 and 2013 and is working on final initiative language now. But it is also seeing competition from a state-based group,Legalize Maine, that says it is crafting its own initiative and is criticizing both MPP and Maine politicians for advancing "out of state corporate interests" at the expense of Mainers.

Whether MPP and Legalize Maine can get together behind a single initiative remains to be seen. If they can, good; if they can't, well, Maine is a small and relatively inexpensive state in which to run a signature-gathering campaign. There could be not one, but two legalization initiatives in Maine next year.

Meanwhile, state Rep. Diane Russell has filed a legalization bill in the legislature this year. Maine is one of the states where the looming presence of legalization initiatives could actually move the legislature to act preemptively to craft a legalization scheme to its own liking.

Massachusetts

Massachusetts is another. As in Maine, but to a much greater degree, Bay State activists have been laying the groundwork for legalization for years. Groups such as MassCann/NORML and the Drug Policy Forum of Massachusetts have run a series of marijuana reform "public policy questions" in various state electoral districts each election cycle since 2000 -- and they have never lost! The questions are non-binding, but they're a clear indicator to state legislators where voter sentiment lies.

The state has also seen successful decriminalization and medical marijuana initiatives, in 2008 and 2012, respectively. In both cases, the initiatives were approved with 63% of the vote. And again as in Maine, the Marijuana Policy Project is organizing an initiative, but local activists with similar complaints to those in Maine are threatening to run their own initiative. Organized as Bay State Repeal, which includes some veteran Massachusetts activists, the group says it wants the least restrictive legalization law possible. Whether the two efforts can reach a common understanding remains to be seen.

Show Me Cannabis may pull off a surprise in Missouri.
Meanwhile, the issue could move in the legislature in the next two years. New Republican Gov. Charlie Baker says he's opposed to legalization, but is praising Democratic Senate President Stanley Rosenberg's decision to appoint a special Senate committee to examine issues around legalization. Rep. David Rogers (D-Cambridge) isn't waiting. He's filed a legalization bill, and while previous such bills have languished in the Joint Committee on the Judiciary, incoming committee head Sen. Will Brownberger (D-Boston) has said he will give it a hearing. Something could happen this year, although it's more likely next year, and the voters doing it themselves on Election Day 2016 is more likely yet.

Vermont

Vermont could be the best bet for a state to legalize it this year and for the first state to legalize it through the legislative process. There is no initiative process in the state, so that's the only way it's going to happen. And the state has already proceeded well down that path.

Gov. Peter Shumlin (D) has endorsed legalization in principle -- the devil is the details -- and the legislature last year approved a RAND study on the impacts of legalization, which was just released earlier this month. That study estimated that freeing the weed could bring the state $20 to $70 million in annual pot tax revenues.

Other state officials have expressed openness to the idea, and a May 2014 poll found 57% support for legalization. There's not a bill in the hopper yet this year, but one could move quickly in this state where a lot of the legislative groundwork has already been laid.

The Marijuana Policy Project has formed the Vermont Coalition to Regulate Marijuana to help push the process along. Stay tuned; this is one to watch.

Missouri

And there's a dark horse in the heartland. The Missouri activist group Show Me Cannabis has been running an impressive educational campaign about marijuana legalization for the past few years. The group tried to get an initiative on the ballot last year, but came up short.

They've already filed paperwork for 2016 for a constitutional amendment to make it legal to grow, sell, and use marijuana for people 21 and over.

One reason Show Me Cannabis came up short in 2014 was the lack of support from major players outside the state. Given the lack of polls showing strong support for legalization, the big players remain sitting on their wallets, but that could change if good poll numbers emerge. And there's still plenty of time to make the 2016 ballot.

Chronicle AM: WY Decrim Bill Killed, More MedMJ Bills, CDC Warns on Women and Pain Relievers, More (1/23/15)

Marijuana-related activity is ratcheting up at statehouses across the land, Massachusetts' governor rejects legalization, and the CDC issues a warning on opiate pain reliever use among women of childbearing age. Let's get to it:

Marijuana Policy

Massachusetts Governor Rejects Legalization. New Gov. Charlie Baker (R) said Thursday that while he supported Democratic Senate President Stanley Rosenberg's decision to create a special Senate committee to examine issues around marijuana legalization, he is "always going to be opposed to legalizing" the drug for recreational use. His stance and his veto power make a 2016 effort to legalize through the initiative process more likely.

Push for Virginia Decriminalization Bill. Supporters of a bill that would decriminalize pot possession in the Old Dominion held a press conference Thursday to rally support. The bill is SB 686, prefiled back in October by Sen. Adam Ebbin (D-Alexandria). Decrim bills have been a perennial feature of the legislature in recent years, but have never gone anywhere. But those bills were all in the House of Delegates, while this one is in the Senate.

Wyoming House Kills Decriminalization Bill. The House voted 38-22 to kill HB 29, which would have replaced criminal penalties for small-time pot possession with a civil fine. The measure had passed the House Judiciary Committee 7-2 last week.

Medical Marijuana

Kansas Medical Marijuana Opponents Testify. The Senate Public Health and Welfare Committee heard from opponents of pending medical marijuana legislation Thursday. Eric Voth, chairman of the Institute on Global Drug Policy, said marijuana is harmful and legalization measures would threaten public health, while a spokesman for the Kansas Association of Police Chiefs said marijuana has caused problems wherever states have reformed marijuana laws. Supporters of the bill testified earlier this week.

South Carolina Medical Marijuana Bill Filed. State Rep. Todd Rutherford (D-Columbia) last week formally introduced a full-blown medical marijuana bill, H3140, that he had prefiled back in October. It would allow registered patients to use medical marijuana for "a debilitating medical condition," and patients or caregivers could possess up to six plants and two ounces of usable marijuana. It is now before the House Judiciary Committee.

Texas CBD Medical Marijuana Bills Filed. State Rep. Stephanie Klick (R-Ft. Worth) and Sen. Kevin Eltife (R-Tyler) today introduced identical bills that would allow children with epilepsy to be treated with low-THC, high-CBD cannabis oils. The House version is HB 892.

Opposition to Messing With Washington Medical Marijuana System. Some patients and patient advocates, including Sensible Washington are not happy with efforts to fold the state's existing medical marijuana system into its new recreational marijuana system. Some spoke out against pending legislation at a hearing yesterday, while Sensible Washington said in a release that it believes the proposed changes "will increase prices, decrease access and ultimately put a heavy, unnecessary burden on patients." Click on the link for more.

Opiates

CDC Warns of High Number of Women of Childbearing Age Taking Opioid Pain Relievers. Too many women of childbearing age are using narcotic pain relievers, the Centers for Disease Control and Prevention warned Thursday. The CDC reported that 39% of women age 15-44 who were enrolled in Medicaid filled a prescription for opioids each year between 2008 and 2012, while 28% of privately insured women did so. "Taking opioid medications early in pregnancy can cause birth defects and serious problems for the infant and the mother," said CDC Director Tom Frieden, MD, MPH. "Many women of reproductive age are taking these medicines and may not know they are pregnant and therefore may be unknowingly exposing their unborn child. That's why it's critical for health care professionals to take a thorough health assessment before prescribing these medicines to women of reproductive age." Taking opioid pain medications during pregnancy can also expose mothers in some states to criminal liability if they have bad pregnancy outcomes.

Chronicle AM: VA Forfeiture Reform, Jamaica to Decriminalize, Supreme Court Drug Dog Case, More (1/22/15)

There's medical marijuana action in the states, the Supreme Court hears a case about drug dogs, Jamaica is about to decriminalize ganja, an asset forfeiture reform bill is moving in Virginia, and more. Let's get to it:

South Dakota Highway Patrol drug dog and trainer. How long can you be detained waiting for them to show up? (dps.sd.gov)
Marijuana Policy

Washington State "Comprehensive Marijuana Reform Act" Filed. State Sen. Jeanne Kohl-Welles (D-Seattle) is filing this week legislation designed to bring the state's existing medical and recreational marijuana systems into agreement. "The main intent of my bill is to simplify and unify the two systems so that complex gray areas and dangerous illicit markets will eventually cease to exist," she said. The bill would eliminate unregulated dispensaries and collective gardens, but it would also direct the state Liquor Control Board to increase the number of retail outlets by and adopting a competitive, merit- and experience-based licensing application system.

Medical Marijuana

Kansas Parents Get Senate Hearing on Medical Marijuana Bill. The Senate Public Health and Welfare Committee heard Wednesday from parents of chronically ill children were speaking in support of pending medical marijuana legislation, SB 9, introduced by Sen. David Haley (D-Kansas City). Click on the title link for hearing details.

Maine Bill Would Allow Medical Marijuana in Hospitals. State Sen. Eric Brakey (R-Auburn) has filed LD 35, which would allow registered patients to use medical marijuana in hospitals. It does so by adding hospitals to list of eligible primary caregivers, the list of places where patients can store and use medical marijuana, and barring hospitals from prohibiting the use of smokeless marijuana by patients.

Nebraska Medical Marijuana Bill Filed. State Sen. Tommy Garrett (D-Bellevue) has filed LB 643, a full-blown medical marijuana bill that allows patients or caregivers to grow up to 12 plants and possess up to six ounces, envisions a dispensary system, and allows the plant to be used for a specified list of diseases and conditions.

Opiates

New Jersey Legislators Tackle Package of Heroin and Pain Pill Bills. State Sen. Joseph Vitale (D-Woodridge), chairman of the Senate Health, Human Services and Senior Citizens Committee, announced Wednesday that legislators from both parties had introduced a package of 21 bills aimed at confronting widespread heroin and prescription pill use. The bills are designed to increase access to treatment and recovery. Click on the link for more details.

Asset Forfeiture

Virginia House Panel Approves Bill Ending Civil Asset Forfeiture. A bill that would require a criminal conviction before asset forfeiture could take place has passed the Criminal Law Subcommittee of the House Committee for Courts of Justice. HB 1287, sponsored by Del. Mark Cole (R-Spotsylvania) now heads for a full committee vote.

Criminal Justice

Vera Institute for Justice DC Event Next Week Features Sen. Cory Booker. The Vera Institute is hosting "Justice in Focus: The Path Forward," in Washington, DC, next Tuesday. The event will feature a keynote interview with Sen. Cory Booker (D-NJ), as well as panels with other major figures in criminal justice reform. Click on either link for more information and event details.

Drug Testing

Wisconsin Governor Moving Forward With Public Benefits Drug Testing Scheme. Republican Gov. Scott Walker today announced more details of his plan to require drug screening and testing of people seeking public benefits, including food stamps and unemployment benefits. He said that those who fail the drug test would get a chance for free drug treatment and receive job training. More details will come when he unveils his budget proposal on February 3.

Search and Seizure

Supreme Court Hears Arguments Over Roadside Detentions While Awaiting Drug Dogs. How long can a police officer detain you on the side of the highway while waiting for a drug-sniffing dog to come sniff your vehicle? That was the question before the Supreme Court Wednesday. The case is that of a man pulled over in Nebraska. He was issued a warning ticket and asked to consent to a search of his vehicle. He refused, but rather than allow him to go on his way, the officer detained him for eight more minutes until a drug dog arrived. From their questions, it doesn't appear the justices are inclined to side with the defendant; click the link to get the flavor of their comments. The case is Rodriguez v. US.

International

Jamaica is About to Decriminalize Ganja. The island nation most closely associated with marijuana is about to decriminalize it. The Jamaican cabinet Monday approved a bill that would do just that, as well as allow for the creation of medical marijuana and hemp industries. The bill, the Dangerous Drugs (Amendment) Act of 2015, goes to the Senate tomorrow and will be debated there next Friday. It would decriminalize the possession of up to two ounces of ganja; allow its use for religious, medical, scientific, and therapeutic purposes; prohibit smoking it in public places; and provide for the granting of licenses for the development of a legal hemp and medical marijuana industry.

Medical Marijuana Update

California localities continue to deal with medical marijuana, bills are showing up in the states, the Kettle Falls Five want their prosecutions ended, and more. Let's get to it:

Federal

On Monday, a member of the Kettle Falls Five sought dismissal of his federal marijuana case. The widely watched case out of Washington state has been proceeding despite passage of the "CRomnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

California

On Monday, Berkeley began accepting applications for a fourth dispensary. The deadline for applications is March 20. Click on the link for more details.

On Tuesday, the San Diego city council tightened dispensary rules. The council approved requiring employee background checks and testing of products for mold and pesticides, but didn't move to regulate deliveries or create stricter rules for edibles or concentrates. The rules come as the city's first permitted dispensary is supposed to open in the spring. Numerous un-permitted ones exist, but the city has been trying to shut them down.

Also on Tuesday, the Rancho Cordova city council approved a ban on outdoor grows and indoor grows if children are present. The measure was approved 5-0 and will take effect in 30 days.

Also on Tuesday, the Redding city council decided not to try to prohibit outdoor grows. Councilmembers said they wanted to wait for the state and the federal government to figure out their medical marijuana policies first.

Florida

On Monday, the state chose its medical marijuana rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Georgia

Last Friday, a CBD medical marijuana bill died. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Hawaii

On Wednesday, the Health Department took over the medical marijuana program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Kansas

Last Friday, medical marijuana supporters rallied in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Minnesota

Last Thursday, a Minnesota Indian tribe okayed a study on medical marijuana. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.

Rhode Island

On Saturday, the state's first vapor lounge opened. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Virginia

As of Wednesday, there were at least three medical marijuana or CBD bills before the legislature. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington

Last Monday, a state law banning medical marijuana advertising was ruled unconstitutional. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

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

Chronicle AM: DEA Settles Facebook Suit, WY Decrim Bill Advances, More (1/21/15)

The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:

A faked Facebook page will cost the DEA $134,000. (facebook.com)
Marijuana Policy

Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.

Medical Marijuana

Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."

Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.

Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.

Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.

Hemp

Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.

Sentencing

Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.

Law Enforcement

DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.

International

Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.

Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.

Chronicle AM: ME Mj Bills, OH Mj Init, VA Heroin Bills, WY Drug & Asset Forfeiture; More (1/20/15)

State legislative sessions are getting underway, and drug policy-related bills are popping up all over. There's good, bad, and ugly. Let's get to it:

Heroin is on the legislative agenda in a number of states, including Virginia. (wikimedia.org)
Marijuana Policy

Alaska Bill Would Delay Regulations for Marijuana Concentrates. Rep. Paul Seaton (R-Homer) last Friday filed House Bill 59, which would delay regulations for concentrates by up to a year. That conflicts with the language of the marijuana legalization initiative, and has legalization supporters unhappy. Click on the story link for more details.

A Big Batch of Pot Bills in Maine. There are at least 15 marijuana-related bills pending before the state legislature, including one that would legalize, tax, and regulate the weed. Rep. Dianne Russell (D-Portland), sponsor of the legalization bill, is also sponsoring four medical marijuana bills. Another bill, sponsored by the Department of Public Safety, would set a limit on the amount of THC drivers could have in their systems. Click on the link for more detail.

Nebraska Bill Would Make Pot Concentrates a Felony. The state decriminalized pot possession in the 1970s, but a bill being pushed by the state attorney general's office, LB 326, would begin to undo that by making possession of marijuana concentrates not just a misdemeanor, but a felony, punishable by up to five years in state prison. It's been referred to the Judiciary Committee.

Responsible Ohio Lays Out its Vision for Legalization. The group wants to put a constitutional amendment to legalize pot on the November 2015 ballot, and today announced details of its proposal. The initiative would create a Marijuana Control Commission, allow for 10 licensed commercial grows, allow for marijuana manufacturing facilities that would sell only to retailers, allow for nonprofit medical marijuana dispensaries, and would tax marijuana at a 15% rate. Click on either link for more.

Heroin

Virginia Legislature Sees Heroin Bills Filed. At least four bills have been filed that seek to address the toll of heroin addiction and overdoses. House Bill 1638 would make people who provided drugs that resulted in a fatal overdose liable for a second degree murder charge; House Bill 1500 is a limited 911 Good Samaritan bill; House Bill 1458 would expand access to the overdose reversal drug naloxone, and Senate Bill 817 would expand the state's prescription monitoring program to allow probation and parole officers to access the database.

Asset Forfeiture

Wyoming Asset Forfeiture Reform Bill Advances to Senate Floor. A bill that would bar police from seizing people's property unless they are charged with a felony drug crime passed out of the Senate Judiciary Committee Monday and now awaits a Senate floor vote. Senate File 14 drew late opposition from the offices of Gov. Matt Mead (R) and Attorney General Peter Michael (R), which claimed they would have to charge more people with felonies if they couldn't just take their money, but legislators expressed irritation at the late objections when the bill has been in process for months.

Drug Policy

Wyoming Bill Would Lighten Up on Repeated Drug Possession Punishments. Under current law, people convicted a third time in their lives for misdemeanor drug possession face felony penalties. House Bill 109 would change state law to make the felony penalties apply on the forth conviction, and the previous convictions would have to have happened in the past five years, instead of throughout the convict's lifetime, which is current law. There are at least three other bills relating to drug possession before the legislature; click on the title link to read more.

Drug Testing

Montana Food Stamps Drug Testing Bill Filed. Rep. Randy Pinocci (R-Sun River) Monday filed House Bill 200, which would require all applicants for the Temporary Assistance for Needy Families (TANF, the food stamps program) to be screened for evidence of drug abuse. Those whose screening suggests a possible issue would be required to undergo a drug test. People who test positive for drugs wouldn't be allowed to receive benefits unless they agreed to complete a 30-day drug treatment program.

Harm Reduction

Michigan Cops Start Carrying Overdose Reversal Drug. Deputies in Oakland County have begun carrying naloxone opioid overdose reversal kits in a bid to reduce overdoses. That was made possible by the passage last year of Senate Bill 1049, which allowed law enforcement agencies to distribute the drug to police who have been trained to use it.

International

German Cops Tired of Messing Around With Small Time Drug Crimes. The country's police union is calling for "soft" drug offenses and other minor crimes to be decriminalized so police can focus on serious crime and terrorism. German police are also faced with shrinking numbers due to mandatory retirement of officers.

Chronicle AM: NY Pot Legalization Bill, DEA Gathered Metadata, Indonesia Executions Reaction, More (1/19/15)

New York has a marijuana legalization bill, New Hampshire ponders a study of legalization, Rhode Island patients get a vapor lounge, the DEA has another means of surveilling Americans, Indonesia's resort to the death penalty for drugs stirs controversy, and more. Let's get to it:

The beach at Bali. Indonesia is a major tourist destination, but also has the death penalty for drug offenses. (wikimedia.org)
Marijuana Policy

New York Legalization Bill Filed. State Sen. Liz Krueger (D-Manhattan) has filed a bill to legalize marijuana. SO1747 would allow for the taxation and regulation of marijuana commerce. Notably, it also sets the age for legal marijuana use at 18, instead of the more common 21.

New Hampshire Hearing on Legalization Study Committee. A bill that would establish a study committee on marijuana legalization got a hearing today. The bill is HB 150.

Medical Marijuana

Florida Chooses Medical Marijuana Rulemakers. The state Office of Compassionate Use has selected a 12-member panel to craft rules for growing and distributing low-THC, high-CBD medical marijuana under a state law passed last year. The panel will meet during the first week of February to set up a regulatory structure for five nurseries that will be selected to grow, process, and distribute the medicine.

Rhode Island's First Vapor Lounge Opens. Rhode Island patients can now have a place where they can gather and enjoy their medicine together. The Elevated vapor lounge opened in Providence Saturday.

Asset Forfeiture

Colorado Bill Would End Civil Forfeiture. Freshman state Sen. Laura Woods (R-Arvada) has filed a bill that would stop police from seizing assets unless the owner is convicted of a crime. Senate Bill 2015-006 would end civil forfeiture without a conviction unless there is a settlement with all parties, including the owner, to agree to give up the property. Woods said the bill is an effort to block "policing for profit."

Law Enforcement

DEA Kept Secret Metadata Database. The DEA kept a secret database of telephone metadata -- entirely separate from the NSA program revealed by Edward Snowden -- covering calls between parties in the US and ones in other countries. The information, contained in a three-page,partially-redacted affidavit from a top DEA official, was revealed in a court filing last week in a case involving trade with Iran. The DEA used "administrative subpoenas" authorized under a federal drug trafficking statute to collect the data. The program was ended in 2013. Click on the link for much more detail.

International

Fury as Indonesia Executes Six Drug Traffickers, Including Five Foreigners. As promised by President Joko Widodo, Indonesia put to death six convicted drug traffickers Sunday, including citizens of Brazil, Malawi, Nigeria, the Netherlands, and Vietnam. Brazil and the Netherlands reacted angrily, with both countries recalling their ambassadors from Jakarta. Brazilin President Dilma Roussef said she was "distressed and outraged" after Indonesia ignored her last minute plea for clemency. "Using the death penalty, which is increasingly rejected by the international community, seriously affects relations between our countries," the Brazilian government said in a statement. The Dutch government called the executions "terribly sad" and emphasized that it remains opposed to the death penalty. But President Widodo defended the executions in a Facebook post: "The war against the drug mafia should not be half-hearted measures, because drugs have really ruined the good life of the drug users and their families," he said.

Chronicle AM: Major Asset Forfeiture Reform Move, NCAA Drug Policy Review, Indonesia Executions, More (1/16/15)

Attorney General Holder announces a major civil asset forfeiture reform move, the NCAA will review its drug policies, a Vermont report on the impact of pot legalization has been released, and more. Let's get to it:

"Policing for profit" just took a big hit thanks to Attorney General Holder. (wikimedia.org)
Marijuana Policy

No Marijuana Stores in Alaska's Capital Until October. The City and Borough of Juneau Assembly has approved a moratorium on marijuana-related businesses until October 19. City officials will not consider any land use or other permits until the moratorium expires, meaning pot businesses won't be able to grow crops or prepare for retail sales until then.

Report on Impact of Legalization in Vermont Released. Vermont could make tens of millions of dollars in marijuana revenues a year, according to a new comprehensive report released today. The report was commissioned by the state legislature and serves as a policy guide as the state considers legalization. It lays out various options for legalization.

Medical Marijuana

Georgia CBD Medical Marijuana Bill Dead. Rep. Allen Peake's House Bill 1, which would have allowed for the use of high-CBD cannabis oil to treat seizures in children, has died before even being introduced. The bill died after Gov. Nathan Deal (R) announced his support for another CBD bill, which is yet to be written.

Kansas Medical Marijuana Supporters Rally in Topeka. Several dozen medical marijuana supporters were joined by a pair of Democratic lawmakers at a statehouse rally today to call for legalizing the medicinal use of the herb. The two legislators, Rep. Gail Finney (D-Wichita) and Sen. David Haley (D-Kansas City), filed medical marijuana bills prior to the start of this year's legislative session. Similar measures have been filed since 2009, but none of them have made it to the discussion stage in committee.

Asset Forfeiture

Attorney General Holder Blocks Federal Asset Forfeiture Sharing Program. In the boldest civil asset forfeiture reform move in years, Holder has barred federal agencies from participating in the Equitable Sharing asset forfeiture program, under which state and local police seeking to circumvent state asset forfeiture laws would let federal agencies "adopt" the seizures. Under the program, the police agency got up to 80% of the proceeds, while state laws typically require them to be deposited in designated accounts, such as the general fund or education funds. Click on the link for the full story.

Drug Policy

NCAA to Consider Revamping Its Drug Policy. In the wake of criticism for suspending a University of Oregon football player for pot smoking just before the collegiate national championship game, and after its Committee on Competitive Safeguards and Medical Aspects of Sports informally recommended it, the NCAA will examine proposed changes to its policies for testing both performance-enhancing and recreational drugs. The NCAA's standard for marijuana, for instance, it 10 times that used for airline pilots.

International

Stratfor Report on Mexican Drug Trafficking. The Austin-based private intelligence group has released a free, condensed version of its annual Mexican drug cartel report. Check it out at the link.

Indonesia Set to Execute Six Drug Convicts Sunday. New President Joko Widodo appears to be living up to his vow to not grant clemency to death row drug prisoners. The Indonesian Attorney General's Office announced Friday that it will execute six convicted drug traffickers Sunday. Widodo signed off on the executions last month.

Chronicle AM: OR Marijuana Moves, No More UMass Snitches, Suboxone Bottlenecks, More (1/15/15)

Oregon marijuana regulators are going on a listening tour while consumers get organized, a Minnesota Indian reservation ponders producing medical marijuana, UMass ends its student snitch program, and more. Let's get to it:

This opiate maintenance drug could be in wider use. (bluelight.org)
Marijuana Policy

Oregon Liquor Control Board on Pot Policy Listening Tour. The board, which is charged with regulating marijuana as well as liquor, has set the first two stops on its statewide listening tour designed to elicit public comment on proposed rules and regulations. The first two stops will be next Thursday in Baker and Pendleton. Click on the link for event details.

NORML Forms Portland Chapter to Lobby for Marijuana Consumer Interests. The National Organization for the Reform of Marijuana Laws (NORML) has formed a Portland, Oregon, chapter to lobby for the interests of pot smokers as the state begins drafting rules for legal marijuana there. The Portland chapter is headed by radio host and long-time marijuana activist "Radical" Russ Bellville. The group will push to ensure that pot smokers are "provided the same rights, privileges, and responsibilities as adult alcohol and tobacco consumers, whenever practical."

Medical Marijuana

Minnesota Indian Tribe Okays Study on Medical Marijuana, Hemp. The tribal council for the Red Lake Band of Chippewa Indians has approved a study what economic benefits could accrue to the tribe by allowing the production of medical marijuana and hemp. Tribal leaders weren't interested in recreational marijuana, but saw job growth and economic development opportunities in producing medical marijuana or hemp. The federal government cleared the way for Indian reservations to participate in marijuana business last month, but so far, only one tribe, the Pinole Pomos in Northern California, has announced plans to move forward.

Harm Reduction

Obstacles to Wider Use of Suboxone. The Washington Post has a nice piece on bureaucratic bottlenecks blocking the wider use of the opiate maintenance medication suboxone, which is safer than methadone. Only doctors who have been trained and approved by the DEA can prescribe it, and only to a limited number of patients. Click on the link for much more.

Law Enforcement

Supreme Court Hears Deportation Case Hinging on Whether a Sock is Drug Paraphernalia. The US Supreme Court Wednesday held a hearing in the case of Moones Mellouli, a legal permanent US resident, who was ordered deported after being caught with four Adderall pills and eventually accepting a deal to plead guilty to possession of drug paraphernalia -- the sock in which the pills were hidden. His is the fourth case in which the high court has looked at deportations for minor drug offenses; in the first three, the court ruled against the government. Given the incredulous tenor of the questions from the justices, it looks like the government may lose this one, too. Click on the link for more.

UMass Amherst Will Quit Using Student Snitches. The school's chancellor has ended its program allowing campus police to use students as confidential informants. The move comes after a student used as a snitch by campus cops died of a heroin overdose. Chancellor Kumble Subbaswamy said using students as snitches is "fundamentally inconsistent with our core values."

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