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Illinois Governor Vetoes Heroin Bill Over Medicaid Treatment Funding [FEATURE]

Faced with a public health crisis related to heroin and prescription opioid use, the Illinois state government created a bipartisan Heroin Task Force in a comprehensive effort to address the problem from all angles. The task force created a set of policy recommendations that were embodied in House Bill 1, the Heroin Crisis Act.

Heroin is taking a toll not only in Chicago, but in its suburbs. (kirk.senate.gov)
The bill passed the House and Senate in May, and was sent to Gov. Bruce Rauner (R) in June, where it sat on his desk until this week. On Monday, Rauner finally acted -- not by signing the bill, but by vetoing critical sections of it that he says the state cannot afford. He has now sent the bill back to the legislature and asked it to remove the offending sections.

But saying, "People are dying," the measure's House sponsor, Rep. Lou Lang (D-Skokie), has vowed an effort to override the veto. An override could be within reach -- the bill passed by veto-proof majorities in both houses -- but for members of a governor's own party, a veto override is a hard vote to take.

Here's what the bill does:

  • It increases the availability of opiate overdose reversal drugs and requires private insurance to cover at least one of them, as well as acute treatment and stabilization services. It allows licensed pharmacists to dispense overdose reversal drugs, allows school nurses to administer them to students suffering from overdoses, and provides protection from civil liability for people who administer them in good faith.
  • It requires the Department of Human Services and the State Board of Education to develop a three-year pilot heroin prevention program for all schools in the state, requires the Department of Human Services to develop materials to educate prescription opiate users on the dangers of those drugs, and it requires the Department of Insurance to convene working groups on drug treatment and mental illness and on parity between state and federal mental health laws.
  • It intensifies the state's prescription monitoring program by tightening reporting requirements and it requires doctors to now document the medical necessity of any three sequential 30-day prescriptions for Schedule II opioids.
  • On the criminal justice front, it permits multiple chances at drug court and prevents prosecutors from unilaterally blocking entry to drug court, and it requires prosecutors and public defenders to undergo mandatory education on addiction and addiction treatment. It also increases criminal penalties for "doctor shopping" if fraud is involved.
  • It requires Medicaid coverage of all heroin treatment, including methadone and other opiate maintenance treatment, as well as all anti-overdose medications.

People lining up to buy heroin in Chicago. (Chicago PD)
It's the latter provision to which Rauner objects.

"I support all of the above measures and applaud the multifaceted approach to combating this epidemic in Illinois. Unfortunately, the bill also includes provisions that will impose a very costly mandate on the State's Medicaid providers. I am returning the bill with a recommendation to address that concern," he said in a veto statement.

"House Bill 1 mandates that fee-for-service and medical assistance Medicaid programs cover all forms of medication assisted treatment of alcohol or opioid dependence, and it removes utilization controls and prior authorization requirements," Rauner continued. "These changes would limit our ability to contain rising costs at a time when the State is facing unprecedented fiscal difficulties. Importantly, the State's Medicaid programs already cover multiple forms of medication necessary to treat alcohol and opioid dependence. But without adequate funding to support mandated coverage for all forms of treatment, regardless of cost, this change would add to the State's deficit."

His recommendation is simply to delete the language requiring Medicaid coverage.

Rep. Lang and other bill supporters aren't going for that.

"There's a human cost to not doing it," Lang said. "People are addicted, people are sick, people are dying. You want to talk about the costs of providing methadone and Narcan to addicts, but you forget totally that if you cure them or they get off the stuff, there's a savings to the Medicaid system on a different line item, because they're no longer in emergency rooms, they're no longer a burden to law enforcement."

Heroin and opiate addiction is a serious problem in Illinois. The rate of drug overdose deaths has nearly doubled since 1999, and in the Chicago suburbs, people have been dying of drug overdoses at a rate of three per day since 2012. In the state as a whole, 633 people died of heroin overdoses last year, with nearly half (283) in Chicago.

At the same time as the problem with heroin and prescription opioids has been deepening, the state's ability to provide treatment has been decreasing. According to a report this month from the Illinois Consortium on Drug Policy, the state's ranking for drug treatment capacity has fallen from 28th in the nation in 2009 to 47th this year. This as demand for heroin and opiate treatment statewide is increasing dramatically. In Chicago and the surrounding suburbs, 35% of drug treatment admissions are for heroin, more than twice the national average.

The consortium's director and the study's lead author, Kathleen Kane-Willis, noted that Illinois is one of only a few states nationwide that doesn't allow Medicaid coverage of opiate maintenance treatment.

"We're going to pay for not paying," she said.

But bill supporters could also find the votes to override the veto. Rep. Lang says that is what's he going to try to do, and with a 114-0 vote in the House and a 46-6 vote in the Senate the first time around, he has plenty of supporters to ask. If that happens, Illinois will get the drug treatment it needs, and Rauner will still be able to maintain his fiscally conservative credentials.

Springfield, IL
United States

Chronicle AM: DC AG Talks Decrim, IL Gov Vetoes Medicare Heroin Treatment Funding, More (8/25/2015)

Another South Florida community moves toward marijuana decrim, GOP primary state voters want the feds to stay out of state marijuana policies, DC's top prosecutor hints at drug decrim, Illinois's governor vetoes Medicaid heroin treatment funding, and more.

Heroin users lining up to score in Chicago. The governor has vetoed heroin treatment funding. (Chicago PD)
Marijuana Policy

Poll: GOP Voters in Early Primary States Want Feds to Butt Out on Marijuana. Roughly two-thirds of Republican voters in Iowa and New Hampshire says states should be able to design their own marijuana laws without federal interference. The figure was 64% in Iowa and 67% in New Hampshire. The poll was conducted by Public Policy Polling and was commissioned by Marijuana Majority. "We put these polls into the field because we want presidential candidates to understand that the voters in these key states -- who they need support from to win -- overwhelmingly want the next occupant of the Oval Office to scale back federal marijuana prohibition," said Tom Angell, chairman of Marijuana Majority.

Key West Latest South Florida City to Move Toward Decriminalization. Officials in Key West have given preliminary approval to municipal marijuana decriminalization; a final vote will come next month. The change comes on the heels of similar moves this summer in Miami-Dade County, Miami Beach, and Hallandale Beach. Lawmakers in Palm Beach County are now considering a similar proposal, as are lawmakers up the Gulf Coast in St. Petersburg.

Medical Marijuana

Michigan Group Drops Legalization Initiative Plans; Will Instead Focus on Medical Marijuana Reforms. The Michigan Responsibility Council, which had been considering running a third legalization initiative campaign in the state, has decided to instead focus on an initiative aimed at improving the state's medical marijuana law. Two other groups are continuing with legalization efforts.

Reno's First Dispensary Opens Wednesday. Sierra Wellness Connections opens near downtown Reno tomorrow. It is the first one in the city and the third one in the state. One in nearby Sparks opened earlier this month, and one in Las Vegas opened Monday.

Drug Policy

DC's Attorney General Hints He Could Support Drug Decriminalization. DC Attorney General Karl Racine responded to a caller who argued that drug prohibition created the recent wave of new psychoactive substance use during a C-Span interview last Friday by largely agreeing with him. "Law enforcement and over-criminalization of drug laws can cause more harm to society than benefit… With respect to the legalization of other substances, including marijuana, I think the caller makes an excellent point… I think that the 21st Century policing is such that smart prosecution means less of an emphasis on criminalizing conduct, more of an emphasis on mental health and substance abuse. With respect to marijuana, you know, my position is very clear. I think it should be legal and I think that the District of Columbia, like the State of Colorado should be able to regulate it."

Heroin and Opiates

Illinois Governor Cuts Drug Treatment Funding From Heroin Bill. Gov. Bruce Rauner (R) has partially vetoed a bill aimed at fighting heroin addiction and overdoses, cutting out a section that requires Medicaid coverage of all heroin treatment programs, as well as anti-overdose and heroin-treatment medications (methadone). Rauner said that he supports the efforts, but the state can't afford to pay for them. Bill supporters say the move is short-sighted, pennywise but pound-foolish, and that there is a real human cost to it. They also said they would fight to see the funding restored. The bill is House Bill 1.

International

Russian Censor Lifts Ban On Wikipedia for Marijuana Page. Russia's Internet censor, Roskomnadzor, said Tuesday it had lifted a ban on Russian-language Wikipedia after Wikipedia complied with a court order and edited an entry dealing with charas, a substance made from marijuana resins. Under Russian law, if a web site is banned via court order, as was the case here, the entire website is banned even if the offending material is only on one page. Russian Wikipedia was shut down for about 24 hours.

Chronicle AM: Christie Blames Obama for "Heroin Epidemic," CO Patients Sue Over PTSD, More (8/24/2015)

Pot isn't stinky enough for its odor to automatically qualify as disorderly conduct in Oregon, Colorado patients sue over the state's decision not to include PTSD in the medical marijuana program, Oklahomans will try again to get a medical marijuana initiative on the ballot, and more.

Chris Christie tries to make political hay off of opiate addiction. (nj.gov)
Marijuana Policy

Oregon Court Rules Pot Smell Not Inherently Offensive. The state Court of Appeals has thrown out the conviction of a man arrested on graffiti charges after police entered his home using the premise that he was committing disorderly conduct with the "physically offensive" odor of smoked marijuana. The court held that marijuana odors are not necessarily "physically offensive," writing that, "We are not prepared to declare that the odor of marijuana smoke is equivalent to the odor of garbage. Indeed, some people undoubtedly find the scent pleasing." The case is State v. Lang.

Medical Marijuana

Colorado Patients Sue Over State's Refusal to Include PTSD as Qualifying Condition. Five PTSD patients filed suit against the state Board of Health last Thursday over its decision not to include PTSD on the state's medical marijuana eligibility list. The board and the Department of Public Health and Environment, which is also named in the complaint, now have 21 days to respond.

Oklahoma Medical Marijuana Initiative Coming. Medical marijuana advocates filed papers with the state last Friday indicating they are preparing another initiative petition drive to put the issue before the voters. Once the initiative is approved for circulation, proponents will have 90 days to gather 123,000 valid voter signatures to qualify for the November 2016 ballot. A similar effort fell short in 2014. This one is being run by a group called Green the Vote.

Drug Policy

Chris Christie Campaign Ad Blames Heroin "Epidemic" on Obama. In a new campaign ad, the New Jersey governor and Republican presidential contender goes after "lawlessness in America and around the world under Barack Obama" and declares that "drugs are running rampant and destroying lives" as images of an apparent drug overdose and a hoodie-wearing addict shooting up show on the screen. Christie doubled down on the ad on MSNBC's Morning Joe this morning: "This president has set a standard in Washington of lawlessness," he said. "What I mean by that is this: If you don't like the law, don't enforce it. So if you don't like the immigration laws, don't enforce those and let there be sanctuary cities throughout the country and do nothing about it. If you don't like the marijuana laws, don't enforce the marijuana laws in certain states if they don't feel like enforcing them."

Ohio Bill Would End Automatic Drivers' License Suspension for Drug Offenses. Following an edict developed by the federal government in the 1990s, people convicted of drug offenses in Ohio face an automatic six-month suspension of their drivers' licenses, even if no vehicle was involved in their offense. The state told the federal government in December it wanted out of the program, and now a bill to do just that, Senate Bill 204, has been introduced. The bill would make the suspension discretionary instead of mandatory, and it has the support of state prosecutors. "It never made much sense to have a license suspension in connection with a drug offense unless there is a vehicle involved," said John Murphy of the Ohio Prosecuting Attorneys Association.

International

May Shootout in Mexico Now Looks Like a Massacre By Police. The Mexican National Security Commission told the public that an incident that left 42 alleged cartel gunmen and one police officer dead was an hours-long shootout, but evidence developed since then suggest that it was instead a massacre or summary execution of suspects. Now, the Mexican Attorney General's Office and local prosecutors in Michoacan say crime scene evidence doesn't match what the commission and the police reported. That evidence suggests that only 12 of the 42 dead narcos were killed in action. Twenty-three others had wounds consistent not with a gunfight, but with an execution. Federal police said they seized 43 firearms, but only 12 had been fired, and photographs of the scene showed bodies with muddy hands lying next to clean weapons. One victim was shot nine times in the back; another was beaten to death. The Attorney General's Office says it will take over the investigation once local investigators are done.

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

Chronicle AM: White House Focuses on Heroin, Peru Coca Tensions Rise, CO Pot Sales Hit Record, More (8/17/2015)

It's big bucks for the Colorado marijuana industry (and the state's tax revenues), there's more initiative news, the White House takes on heroin, Peruvian coca farmers are feeling the pinch of eradication, and more.

Heroin is on the White House agenda today. (wikimedia.org)
Marijuana Policy

Colorado Sold a Record $50 Million Worth of Recreational Marijuana in June. Recreational pot sales totaled $50.1 million in June, a record high, and up 7.6% over the previous month, according to the Colorado Department of Revenue. Medical marijuana sales also hit a record, with $35.2 million taken in. The state took in $10.9 million in combined marijuana taxes in June, putting the year's total tax haul to date at nearly $42 million. For all of last year, the total was $44 million.

Idaho Initiative Would Decriminalize, Allow Medical Marijuana and Hemp. Activists with New Approach Idaho have crafted a three-pronged initiative that would decriminalize up to three ounces, allow for medical marijuana, and allow for hemp. The group needs more than 47,000 valid voter signatures to qualify for the November 2016 ballot.

Illinois Governor Wants Changes in Marijuana Bills. Gov. Bruce Rauner (R) last Friday used his veto authority to alter two marijuana bills on his desk. A decriminalization bill would make possession of up to 15 grams punishable by a fine of between $55 and $125; Rauner wants to decrease the amount to 10 grams and increase the fines to between $100 and $200. A medical marijuana bill would extend the state's medical marijuana program; Rauner wants an extension of only four months. The bills now go back to the legislature.

With ResponsibleOhio on the Ballot, Organized Opposition Emerges. A coalition of business groups are organizing to defeat the ResponsibleOhio legalization initiative. The Greater Cleveland Partnership is one member, so are the Ohio Manufacturers Association and the Ohio Farm Bureau. The Cuyahoga County drug and alcohol abuse board is also opposing, as are all Republican state higher officeholders.

Wyoming Moves to Criminalize Marijuana Edibles. After rulings by state court judges that state felony marijuana laws only criminalize its possession in plant form, the legislature's Joint Justice Committee is pondering how to deal with edibles. One proposal is to make possession of more than three ounces of an edible a felony. The committee will hold further discussions on the issue in November.

Medical Marijuana

New Version of Michigan Dispensary Bill Could Throttle Medical Marijuana. The House Judiciary Committee will be presented with new versions of the Provisioning Centers Act and the Smoking Alternative Bills that failed to get through the legislature in the 2013-14 session. But advocates say the new versions are less patient-friendly than business-friendly. Click on the link to get the lowdown on the legislature's medical marijuana shenanigans.

Nebraska Medical Marijuana Initiative Could Be Coming. Families who don't trust the legislature to act are preparing to push for action through the initiative process. Nebraska Families 4 Medical Cannabis says it won't make a final decision until next month, but is exploring its options. Another, NORML-affiliated state group is already working on a medical marijuana initiative signature-gathering campaign, but said it could merge efforts.

Heroin

White House Focuses On Heroin. The White House announced today an initiative aimed at reducing heroin use by pairing public health and law enforcement in an effort to shift the focus from punishing addicts to treating them. The plan will pair drug intelligence officers with public health officials to increase epidemiological knowledge about heroin use. The plan is being criticized by some reform advocates. Look for a Chronicle feature story later this week about the initiative and the critique.

International

Peruvian Coca Farmers Take Financial Beating from Eradication, Start to Fight Back. Peru has eradicated more than 210 square miles of coca crops this year, winning kudos from the US, but impoverishing thousands of coca farmers and their families who have lost their livelihoods. Government eradicators are manually destroying the crops in the field. "This is what we live off," said one farmer, surveying what's left of her family plot after eradication. The Peruvian government says some 42,000 families received financial help or support with alternative crops last year, but another 53,000 affected families did not. Grower anger is rising, with a July protest by 5,000 people in Ciudad Constitution ending with one farmer killed by police and 23 wounded. It was the first violent cocalero protest since 2012.

South Australia Bans Synthetic Cannabinoids. State Attorney-General John Rau has added two new psychoactive substances, a pair of synthetic cannabinoids, sold as Full Moon and Sinsence, to the state's list of banned substances. The move comes after reports of deaths and other adverse effects.

Chronicle AM: OH Init Claims to Make Ballot, Clinton Talks Drug Abuse in NH, More (8/12/2015)

Legal marijuana states still have issues, an Ohio group says it has qualified a legalization initiative for the November ballot, a video game league institutes drug testing, Hillary Clinton talks drugs on the campaign trail, and more.

Hillary Clinton. The Democratic contender said people are telling her drug abuse is a big issue. (state.gov)
Marijuana Policy

Under Proposed Rules, Colorado Edibles Would Be Marked With Stop Sign. A working group tasked with finalizing labeling requirements for marijuana edibles is calling for such products to be marked with the letters "THC" inside a stop sign -- not only on the package, but on the product itself. Some people in the industry think that could be problematic. The working group has until the end of the month to finalize the rules. Click on the link for more details.

Ohio Legalization Initiative Campaign Says It Has Qualified for Ballot. Ohio officials haven't confirmed it yet, but ResponsibleOhio, the group behind this year's controversial legalization initiative, says it has handed in enough valid signatures to qualify for the November ballot. The group needed 305,000 valid voter signatures to qualify. It handed in nearly 700,000 last month, but came up some 30,000 short. Under state law, it had another 10 days to make up the shortfall, and it handed in 95,000 raw signatures last week. The group has been tracking the counting in each county in the state and now says: "It is with the greatest sense of humility that we let each of you know that we have crossed the signature threshold based on what the boards have reported so far!"

No Adult Pot Lounge at Hempfest This Year -- It Would Be a Felony. Last year, in keeping with the spirit of marijuana legalization, Seattle's Hempfest set up "adult lounges" where the over-21 set could toke up. Not this year. That's because the omnibus legislation to regulate legal marijuana that went into effect last month makes providing a place for public pot use a Class-C felony.

Medical Marijuana

New Jersey Girl Can't Be Give Her Edibles at School, Judge Rules. An administrative law judge has ruled that allowing a junior high student to be provided medical marijuana edibles at school would violate the Drug Free School Zone Act. The girls' parents had sued for the right and are vowing to appeal, but they said they also plan to test a portion of the ruling that said that, as her caregivers, they have the right to possess medical marijuana even on school grounds. "We are going to try to go to school to give Genny her medicine," Roger Barbour said. "If they say no, Lora will come bearing the judge's decision and will insist on it."

Asset Forfeiture

Wyoming Legislative Panel Ponders Reforms Today. The legislature's Joint Judiciary Committee is meeting today to consider tightening the state's asset forfeiture laws. One proposed bill would limit asset forfeiture by first requiring a felony conviction; another would raise the legal standard from "probable cause" to "clear and convincing evidence" that a crime had been committed. Earlier this year, Gov. Matt Mead (R) vetoed a bill that would have eliminated civil forfeiture by first requiring a conviction.

Drug Policy

At New Hampshire Forum, Hillary Clinton Pledges to Elevate Issue of Drug Abuse. After hearing from a variety of stakeholders, the Democratic presidential contender said drug abuse has emerged as a consistent issue as she travels the country. "I have to confess -- I was surprised," she said. "I did not expect that I would hear about drug abuse and substance abuse and other such challenges everywhere I went." She said advisers are speaking with medical professionals as the campaign develops policy proposal later this year, and that substance abuse should be treated as a health issue.

Drug Testing

Video Game League Announces Drug Testing Specifics. The Electronic Sports League (ESL), the premier professional video gaming organization, has announced that it will subject players to the possibility of saliva tests to detect the presence of banned substances, including opioid pain relievers, stimulants, and marijuana. ESL says marijuana use will only be banned during tournaments. Drug testing for the league has come about after a scandal this spring over the use of the stimulant Adderall by some gamers.

International

Canada's Harper Campaigns on Hard Line on Drugs. Facing an October election, Prime Minister Stephen Harper continues to reject marijuana legalization, saying that most Canadians agree with him even though a government opinion poll released a year ago had more than two-thirds supporting either legalization or decriminalization. Where marijuana is easily available and legal, "more people get addicted," he warned. "We just think that's the wrong direction for society and I don't think that's the way most Canadians want to deal with this particular problem." He also reiterated Tory opposition to safe injection sites.

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

Chronicle AM: Big CA Legalization Init Coming Soon, Italian Legalization Bill Filed, More (7/16/15)

We're waiting for the big one to drop in California, there's marijuana arrest expungement news from Jamaica and Ohio, Colorado rejects medical marijuana for PTSD, Chris Christie talks crime and drug policy, and more.

Jamaica will expunge the records of people with minor ganja convictions. (wikimedia.org)
Marijuana Policy

Big California Legalization Initiative About to Drop. A handful of marijuana legalization initiatives have already been filed in the Golden State, but many observers have been waiting for the one from the California Coalition for Cannabis Policy Reform, and now the group has announced it will file its initiative within the next few weeks.

Ohio Officials Approve Initiative to Expunge Marijuana Convictions. The Ohio Ballot Board voted 3-2 Wednesday to approve the Fresh Start Act for signature-gathering. The initiative would allow convictions to be expunged once marijuana is legal in the state. The initiative is another project of ResponsibleOhio, the people behind the controversial marijuana legalization initiative almost certainly headed to the ballot there this year.

Medical Marijuana

Colorado Rejects Medical Marijuana for PTSD. Colorado health officials voted Wednesday against adding PTSD to the list of qualifying ailments for medical marijuana. They cited scant research on the issue. "We can't have physicians counseling people in favor of it because we don't have data to show it's correct," said Jill Hunsaker-Ryan, one of the board members who voted no.

Hawaii Moves to Begin Licensing Dispensaries. After Gov. David Ige (D) signed a bill Tuesday allowing for eight dispensaries to operate in the state, state officials are moving forward with developing rules and regulations for the program. They say to they will begin accepting license applications early next year. The move comes 15 years after Hawaii became the first state to okay medical marijuana through the legislative process.

Heroin and Prescription Opiates

Connecticut Governor Signs Bill Aimed at Opiate Problems. Gov. Dannel Malloy (D) Wednesday signed into law House Bill 6856, which is meant to combat opiate addiction and overdoses by increased prescription drug monitoring and increased access to naloxone, the opiate overdose reversal drug. Prescribers must now report each opioid prescription to the state's Prescription Monitoring Program within 24 hours instead of the previous seven days.

Criminal Justice

Chris Christie Calls for "Fresh Approach" on Criminal Justice. The New Jersey governor and Republican presidential contender today unveiled criminal justice reform proposals, including allowing nonviolent drug offenders a better shot at rehabilitation. He also emphasized "community policing" in his policy speech in the crime-ridden city of Camden. "As governor, there are few things I've worked on harder, or that I believe as strongly as this: Drug addiction, just like cancer, is an illness," Christie said. "Instead of settling for jail time every time, we need to give people the chance to get help," he said. "Our drug court program works, and we've opened a new front in the fight against drugs -- one that saves money, keeps people out of prison, and is just good policy generally. There's no reason we can't replicate this nationally, and as president this is something I'll absolutely make happen."

International

Colombia Outpaces Peru in Coca Production, UNODC Says. The UN Office on Drugs and Crime (UNODC) reported Wednesday that Colombia had overtaken Peru in the sowing of coca crops. That's mainly because Peru reported a 14% drug in the area under cultivation in the face of aggressive measures by the government of President Ollanta Humala. But Peru may still be the world's largest cocaine producer, because its crop is more mature and higher yielding.

Jamaican Justice Minister Signs Order to Expunge Minor Marijuana Convictions. Justice Minister Mark Golding signed the expungement order Wednesday. The move comes after the island nation decriminalized marijuana earlier this year. Now, possession of less than two ounces is no longer a crime. Before that, an estimated 300 people a week were getting criminal records and possible life-long stigma for possession arrests.

Italian Marijuana Legalization Bill Filed. Benedetto Della Vedova, a junior minister for foreign affairs, Wednesday introduced a bill that would legalize the possession of up to a half-ounce of marijuana, allow for growing small quantities, and set up government-licensed marijuana retail outlets. The bill is cosponsored by more than 200 members of the country's 900-member parliament. The bill is supported by members of the governing Democratic Party and two opposition parties, the Left, Ecology and Freedom Party and the Five Star Movement.

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

Chronicle AM: Delaware Decriminalizes, Supremes Make Synthetic Convictions More Difficult, More (6/19/05)

The marijuana reform bandwagon rolls through Delaware, federal bills on opiates and racial profiling get filed, the Supreme Court issues an interesting decision on synthetic drug sales, and more.

The Supreme Court clarifies that criminal intent matters. (supremecourt.gov)
Marijuana Policy

Delaware Decriminalizes Marijuana Possession. With the signature of Gov. Jack Markell (D) Thursday night on House Bill 39, Delaware becomes the 20th state to either decriminalize the possession of small amounts of marijuana or make it legal for adults. The new law, which goes into effect in six months, removes the criminal penalties for the possession of up to an ounce by an adult, replacing them with a civil infraction punishable by a maximum $100 fine. For those between 18 and 21, a first offense would be a civil infraction, while any more would be misdemeanors. For people under 18, possession would remain a misdemeanor. Public use would be a misdemeanor punishable by a $200 fine and up to five days in jail. That includes moving vehicles, public areas, and outdoors on private property within 10 feet of street, sidewalk, or any other areas generally accessible to the public.

Missouri Cannabis Conference Next Weekend. Missouri advocacy groups Show Me Cannabis and Missouri NORML are holding a joint conference beginning next Friday in Kansas City. Click on the title link for all the details.

Heroin and Opiates

Federal Bill to Deal With Opiate Use Filed. A bipartisan group of six House members Thursday filed HR 2805 as a multi-pronged effort to grapple with opiate and heroin use. Several other bills on the topic have already been filed. This one would increase prescription monitoring requirements, create an inter-agency task to develop best practices for pain management, create a grant program to increase the number of first responders carrying the opiate overdose reversal drug naloxone, and direct the drug czar's office to establish a public awareness program.

New Synthetic Drugs

Supreme Court Rules People Can't Be Convicted for Selling Synthetic Drugs If It's Not Clear They're Illegal. A unanimous US Supreme Court ruled Thursday that people cannot be convicted for selling synthetic drugs unless prosecutors prove they knew the drugs were prohibited by law. Stephen McFadden had been convicted of violating the Controlled Substance Analog Enforcement Act for selling "bath salts," and a federal appeals court ruled that trial court jury instructions saying he could be convicted if the jury found he intended the drugs for human consumption. But the Supreme Court disagreed, saying prosecutors must prove the defendant knew the substance was either a controlled substance or an analog. The case is McFadden v. United States.

Law Enforcement

Federal Racial Profiling Bill Introduced. Sen. Ben Cardin (D-MD) Thursday filed S 1610, which would eliminate racial profiling by police officers and promote accountability for state and local law enforcement. The bill also has provisions to eliminate sentencing disparities and promote reentry programs. It has not yet been assigned to a committee.

Chronicle AM: TX Border Surge Flops, Belize Decrim Proposal, British Drugged Driving Law, More (3/2/15)

There will be a smoke-out in Trenton later this month, medical marijuana is moving in Utah, the Texas "border surge" accomplishes little, KY cops ignore asset forfeiture reporting, a tough, new British drugged driving law has gone into effect, and more.

Indiana has to try again to ban synthetic drugs. (MN Dept of Public Health)
Marijuana Policy

Indian Tribes Gather in Washington State to Talk About Marijuana Production. Representatives of at least 75 tribes attended a conference in Tulalip last Friday to discuss legalizing, regulating, and producing marijuana on their reservations. The move comes after the Justice Department announced that it would not block tribes from doing so. Many tribes are cautious or reluctant to consider the notion, but there appears to be plenty of interest, too.

Colorado's 2014 Marijuana Sales Numbers. According to a to new report from the state, nearly five million pot-infused edibles and nearly 75 tons of marijuana were legally sold in Colorado last year. And that's with only 67 of the state's 321 local jurisdictions allowing for the sale of recreational or medical marijuana. Of course, those 67 localities are where most of the people are. Medical marijuana accounted for nearly 110,000 pounds of marijuana sales, while recreational accounted for nearly 39,000 pounds.

New Jersey Legalization Advocates Plan "NJ Spring Smoke-Out Rally" in Trenton. A coalition of groups advocating legalization will hold a "Million Marijuana March" for legalization or "any progressive measures on marijuana" on March 21. The groups include the East Coast Cannabis Coalition, the Coalition for Medical Marijuana -- New Jersey, CB Delaware, Delaware NORML, Decarcerate the Garden State, The Legalize Marijuana Party, Legalize Cannabis in Atlantic City and Fully Baked Radio. Check the event's Facebook page for more details.

Medical Marijuana

New, Weaker CBD Cannabis Oil Bill Filed in Georgia Senate. The House last week passed a CBD cannabis oil bill, but now, Sen. Lindsey Tippins has filed a new bill that would not make the drug available, but would instead set up a four-year study. The Tippins bill is not yet up on the legislative website; the House bill that passed is House Bill 1.

Poll Shows Strong Support for Medical Marijuana in Iowa. A new Des Moines Register poll has support for medical marijuana at 70%, up from 59% a year ago. The state approved a CBD cannabis oil bill last year, but patient advocates say that law is useless because it doesn't provide for distribution of the medication.

Utah Medical Marijuana Wins Senate Committee Vote. The state Senate Judiciary Committee last Friday approved Senate Bill 259, a full-blown medical marijuana bill. The measure should go to the Senate for a floor vote this week.

Heroin & Prescription Opiates

Illinois Lawmakers File Omnibus Bill to Battle Opiate Addiction. House Assistant Majority Leader Rep. Lou Lang (D) and GOP Rep. John Anthony were set today to file a comprehensive, 240-page bill to deal with heroin and prescription opiate use and addiction. It would allow the overdose reversal drug naloxone to be distributed more widely, require the creation of a drug prevention program for schools, require that coroners report all overdose deaths to the Department of Public Health, require pharmacies to serve as drug "take back" sites, and limit pain reliever prescriptions.

Kentucky Senate Panel Hears House's Heroin Bill. Although the state Senate has already passed its own omnibus heroin bill, Senate Bill 5, the Senate Standing Committee on the Judiciary last Friday took up the House's omnibus heroin bill, which has lesser sentencing increases for heroin offenders, has a Good Samaritan provision, and allows for the broader use of the overdose reversal drug naloxone. The committee took no action on the bill.

New Synthetic Drugs

Indiana Supreme Court to Hear State's Appeal of Ruling Throwing Out Ban on Synthetic Drugs. The state's high court has agreed to hear an appeal from the state attorney general of a January Court of Appeals decision throwing out the state's ban on synthetic drugs as unconstitutionally vague. The appeals court explicitly rejected a list of more than 80 chemical compounds, look-alike substances, and synthetics as too difficult to understand.

Asset Forfeiture

Kentucky Cops Generally Ignore State's Asset Forfeiture Law. LEX 18 TV News has looked into state law enforcement agencies' compliance with asset forfeiture statutes and has found that "a state law designed to give oversight of Kentucky asset forfeiture practices is mostly ignored by Kentucky police agencies." According to the station, only 63 of about 400 law enforcement agencies in the state filed required annual reports on their drug-related seizures last year, "leaving potentially millions of dollars' worth of goods unaccounted for."

Law Enforcement

Texas "Border Surge" Accomplishes Little. Last year's "surge" on the Mexican border, which saw Texas National Guard troops, state troopers, and game wardens flood the border, has done little to stop the flow of drugs, state officials said Friday. But they still want another $815 million for two more years' worth of surging.

International

New British Drugged Driving Laws Now in Effect. New drugged driving laws went into effect yesterday in the UK. Officers can now do roadside tests for cocaine and marijuana with a "drugalyser." Previously, they had to arrest suspect and take them to a police station for a blood draw under medical supervision. Other drugs will still require going to the police station for a test. The law also covers prescription drugs. Under the law, police will not be required to prove impairment, only that the drugs were present.

Israeli Leftist Party Embraces Marijuana Legalization. With elections looming, the leftist Meretz Party is looking for a boost by embracing marijuana legalization. "Legalization and decriminalization have a political home, and that home is Meretz," said Tamar Zandberg in a video released on the party website last week. Zandberg is number five on Meretz's list for the Knesset.

CARICOM Agrees on Commission to Look at Pot Legalization. The Caribbean Community agreed over the weekend on the composition of a commission to look into marijuana legalization. Bahamas Prime Minister Perry Christie, currently chairman of the group, said members expect the commission to "soon begin its work to look into the economic, health and legal issues surrounding the use of marijuana and to consult with stakeholders to get a view on the issue." The move comes just days after Jamaica gave final approval to decriminalizing marijuana.

Belize Decriminalization of Marijuana Committee Issues Report, Calls for… Decriminalization. After nearly three years of pondering, the decriminalization committee has called for decriminalization. The committee is calling for possession of less than 10 grams to be subject only to administrative penalties.

Chronicle AM: Fed Sentencing Reform Bill Refiled, CT Governor Calls for Drug Defelonization, More (2/4/15)

There's Florida medical marijuana news, the federal Justice Safety Valve Act is reintroduced, Connecticut's governor wants to defelonize drug possession, an Oregon bill would let localities opt out of legal marijuana commerce, and more. Let's get to it:

At both the federal and the state level, efforts to reduce the prison population are underway. (nadcp.org)
Marijuana Policy

Oregon Bill That Would Let Localities Ban Pot Businesses Filed. A bill that would repeal parts of the Measure 91 legalization initiative to give local governments the power to regulate or prohibit marijuana businesses was filed Monday. The bill is Senate Bill 542. It is part of a package of bills before the Senate Implementing Measure 91 Committee.

Medical Marijuana

Colorado Bill to Allow Continued Medical Marijuana System Passes Senate. The bill would allow residents with medical marijuana cards to continue to use dispensaries until at least 2019. That means people with cards could continue to buy marijuana for a lower price than in the adult retail market because medical marijuana has lower taxes. The bill is Senate Bill 115, sponsored by Sen. Owen Hill (R- Colorado Springs).

Florida Poll Has Medical Marijuana Doing Well. A new Gravis Insights poll has support for medical marijuana at 64% in the Sunshine State. The poll comes as the legislature prepares to take up a medical marijuana bill, Senate Bill 528, and with the prospect of another initiative in 2016 looming. Last year's medical marijuana initiative won 57% of the vote, but was defeated because, as a constitutional amendment, it needed 60% of the vote to pass.

Florida Sheriffs Object to Medical Marijuana Bill. The Florida Sheriffs Association has come out against Senate Bill 528 while meeting at their winter conference in Tallahassee. The sheriffs, with all their medical expertise, say that "smoked marijuana is not medicine" and list the medical conditions for which medical marijuana can be used. They have other demands, too; click on the link to read their press release.

Ohio CBD Medical Marijuana Bill Filed. Rep. Wes Retherford (R-Hamilton) has filed House Bill 33, which would allow doctors to prescribe high-CBD, low-THC cannabis oil to treat seizure disorders. The bill would make the oil available at a limited number of hospitals in the state.

New Synthetics

Indiana Bill Seeks to Punish New Synthetics Like Other Drugs. After the Court of Appeals threw out the state's law banning synthetic drugs as overly broad and too complicated to be unconstitutional, lawmakers are responding by filing a bill that would increase the penalties for "dealing in a counterfeit substance if the person represents the substance to be cocaine, methamphetamine, LSD or a schedule I or II narcotic drug." The bill is Senate Bill 278, sponsored by state Sens. Jim Merritt (R-Indianapolis) and Randall Head (R-Logansport).

Drug Testing

Wisconsin Governor Makes it Official -- He Wants to Drug Test Public Benefits Recipients. Gov. Scott Walker (R) unveiled his budget proposal Tuesday, and it includes plans to require drug testing for those seeking a variety of public benefits. Walker would drug test not only people seeking food stamps, but also people seeking unemployment payments and people seeking Medicaid.

Sentencing

Federal Justice Safety Valve Act Reintroduced. A bipartisan group of legislators has reintroduced Senate Bill 353 (the House version is HR 706), the Justice Safety Valve Act. The Senate bill was filed by Sens. Rand Paul (R-KY) and Patrick Leahy (D-VT); the House version was filed by Reps. Thomas Massie (R-KY) and Bobby Scott (D-VA). The bill would give federal judges the ability to impose sentences below mandatory minimums in appropriate cases based upon mitigating factors.

Federal Drug Manufacturing Sentencing Enhancement Bill Filed. Sen. Orrin Hatch (R-UT) Tuesday filed Senate Bill 348, which would "impose enhanced penalties for conduct relating to unlawful production of a controlled substance on Federal property or... while intentionally trespassing on the property of another that causes environmental damage." That language is from the bill summary; the actual text is not yet available.

Connecticut Governor Calls for Drug Defelonization. Gov. Dannell Malloy Tuesday proposed rewriting the state's criminal law to make all simple drug possession arrests misdemeanors. Possession with intent to distribute would not be included. He would also eliminate mandatory minimum sentences for drug offenses and expand the state's pardon system. Under current state law, all drug possession arrests except for small amounts of marijuana are felonies, with sentences of up to seven years.

International

Senior British Cop Says Give Addicts Free Heroin. Mike Barton, chief constable for Durham, has called for an end to arresting heroin addicts and said it would be better to supply addicts with pharmaceutical heroin in a controlled setting. Targeting drug users is counterproductive, he said. "Their entrapment in criminal justice is a waste of police time and the state's money and dissuades addicts from revealing themselves for treatment for fear of criminal consequences," Barton said.

The Year's Top 10 Domestic Drug Policy Stories [FEATURE]

Whew, what a year! Two more states legalize it -- and DC, too -- decriminalization spreads, and more. But it wasn't all good news. Here's our Top 10:

1. Marijuana Legalization Wins at the Polls in Alaska, Oregon, and DC. In an Election Day clean sweep, voters in Alaska, Oregon, and Washington, DC, delivered a marijuana legalization trifecta. Legalization won with 53% of the vote in Alaska, 55% in Oregon, and a whopping 69% in Washington, DC, the highest percentage vote for legalization ever recorded. With victory in Oregon this year, every state that has had the chance to vote for legalization since 2012 has now done so.

2. The Sky Hasn't Fallen in Colorado and Washington. It's now been two years since the first two states to legalize marijuana did so, and the predicted horrible consequences have not materialized. While possession became legal almost immediately, legal sales commenced in January in Colorado and in July in Washington. Teen pot smoking declined this year, according to the annual Monitoring the Future survey, and Colorado teens in particular were consuming less weed, according to the state Department of Public Health and Environment. Neither have traffic fatalities increased, according to The Washington Post. Nor has crime increased. What has increased is state revenues from the taxation of marijuana, from zero before legalization to tens of millions of dollars annually now.

3. Big Eastern Cities Decriminalize Pot Possession. The city councils in Philadelphia and Washington, DC, this year approved the decriminalization of small-time pot possession. Although New York state decriminalized in 1978, New York City had been the marijuana arrest capital of the world, thanks to NYPD's habit of stopping people, telling them to empty their pockets, and then charging them with the misdemeanor office of public possession instead of the civil infraction. Now, thanks to Mayor Bill de Blasio, New York cops can't do that anymore. And let's not forget Baltimore; the state of Maryland decriminalized this year, too.

Phillip Seymour Hoffman's death by heroin overdose crystallized concerns over abuse of opiates. (wikimedia.org)
4. The Death of Phillip Seymour Hoffman Crystallizes Rising Concerns About Heroin and Prescription Opiates. The February overdose death of the acclaimed actor turned a glaring spotlight on the issues of heroin and prescription pain pill addiction and overdoses. Ever since, government at the federal, state, and local level has been moved by the urge to "Do something!" And it has -- with responses covering the gamut from harm reduction measures like 911 Good Samaritan laws and increased access to overdose reversal drugs to calls for more drug treatment to more-of-the-same drug war approaches and calls for more money for law enforcement.

5. California Defelonizes Drug Possession. With one fell swoop, California voters struck a big blow against mass incarceration when they approved Proposition 47 in November. The initiative makes drug possession and five other low-level, nonviolent offenses misdemeanors instead of felonies. It becomes the 14th state to do so, and by far the largest.

6. Congress Tells the Justice Department to Butt Out of Medical Marijuana States. In passing the omnibus spending bill last week, Congress approved an historic amendment barring the Justice Department from spending taxpayer funds to go after medical marijuana in states where it is legal. Passage does not promise an end to all federal interference -- it doesn't address taxing issues, for instance -- and it is only for this fiscal year, but this is still a landmark vote.

Attorney General Holder has striven to reduce overincarceration of drug offenders. (usdoj.gov)
7. Floridians Vote for Medical Marijuana, But It Still Loses. Florida should have been the first Southern state to approve medical marijuana, and 57% of Florida voters agreed in November. But because the Florida initiative was a constitutional amendment, it needed 60% of the vote to pass. Even with that high bar, the initiative still could have passed, if not for some campaign gaffes. Some $5 million worth of contributions to the "no" side by conservative casino magnate Sheldon Adelson didn't help, either.

8. Medical Marijuana Lite. Maryland passed a medical marijuana law and Minnesota and New York passed limited medical marijuana laws, but this was the year of low-THC, high-CBD medical marijuana laws. Such measures passed in a number of states where full-blown medical marijuana hasn't, including Alabama, Kentucky, North Carolina, and Utah. They typically provide access to high-CBD cannabis oils to a limited number of patients.

9. The Obama Administration Moves to Reduce the Federal Drug War Prison Population. It didn't do it all by itself -- the US Sentencing Commission deserves recognition for proposing sentencing reforms -- but the president and Attorney General Eric Holder spoke our vigorously and repeatedly against mandatory minimums and over-incarceration. It wasn't just talk; the Justice Department instructed US Attorneys to find ways to reduce the use of mandatory minimum sentencing, and exhorted federal drug prisoners to seek clemency.

10. But The Drug War Juggernaut Continues to Roll. Despite all the good news this year, the reality is that we are still nibbling around the edges. While marijuana arrests the previous year were down to just under 700,000 (the historic high was 872,000 in 2008) and overall drug arrests declined by about 50,000, there were still 1.5 million people arrested on drug charges. And the number of people arrested for drugs other than marijuana actually increased.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School