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Chronicle AM: Vets MedMJ Vets Advances in Senate, Drug War Bill Advances in House, More... (7/13/15)

Congress is dealing with medical marijuana and drug policy issues, legalization advocates call on New Hampshire's governor to kill a marijuana study commission bill, Rhode Island's governor issues an executive order dealing with the state's opioid crisis, and more.

VA docs could recommend medical marijuana for veterans under legislation moving in the Senate (Sonya Yruel/Drug Policy Alliance)
Marijuana Policy

Alaska's Largest City Wants Social Consumption at Pot Shops. The Anchorage Assembly on Tuesday urged the state Marijuana Control Board to allow tourists and locals to smoke or otherwise consume marijuana at retail stores. The move comes as the board is set to meet in Fairbank later this week. The board is expected to examine several proposals related to consumption in pot shops at that meeting.

Montana Man Challenges State's Standard for Marijuana DUIs. A Billings man facing a vehicular manslaughter charge for an accident while he was allegedly under the influence of marijuana is challenging the state's de jure standard of 5 nanograms of THC per milliliter of blood. Kent Roderick Jensen and his attorney argue that the standard is arbitrary and the charge should be dismissed. "There is no science to back up the 5 ng/mL level as a level that indicates impairment in a sizable enough portion of users to make it a standard for everyone," his attorney wrote in a motion seeking dismissal. The judge in the case has heard oral arguments and received written briefs, but has yet to make a decision.

New Hampshire Governor Should Veto Marijuana Study Commission, Reform Advocates Say. Advocates sent a letter to Gov. Chris Sununu (R) asking him to veto House Bill 215, a bill that would create a study commission to consider marijuana legalization and regulation. The letter, which was signed by leading advocates including the bill's prime sponsor, Rep. Renny Cushing (D-Hampton), notes that, "The commission envisioned by the final bill includes numerous vocal opponents, such as the Association of Chiefs of Police and New Futures, but it does not include any known supporters." The House version of the bill included a representative of the American Civil Liberties Union of New Hampshire and a representative from the Marijuana Policy Project, which would have added some balance to the commission, but the Senate removed those prospective members from the bill.

Wisconsin Lawmaker Files Legalization Bill. Rep. Melissa Sargent (D-Madison) on Thursday announced she would file a marijuana legalization bill. There are no details on it yet. This would be the fourth time she has filed a similar bill.

Medical Marijuana

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

Heroin and Prescription Opioids

Rhode Island Governor Signs Executive Order Dealing With Opioid Crisis. Gov. Gina Raimondo (D) was joined by White House acting drug czar Richard Baum on Thursday as she signed an executive order aimed at curbing the "alarming rate of deaths" due to opioid overdoses. The 18-point order includes directives calling for a family task force on impacts of opioid use, expanded access to "sober" homes for people in recovery, and the creation of diversion programs to keep people out of the criminal justice system, among others.

Drug Policy

House Judiciary Committee Approves Bill that Gives Attorney General Sessions Unchecked Power to Ban New Drugs and Set Criminal Penalties. The committee on Wednesday advanced legislation that greatly expands the penalties for new drugs and gives Attorney General Sessions unilateral new powers to schedule drugs. Opponents warned that the legislation is a counterproductive approach to the opioid crisis that will exacerbate mass incarceration and enable Attorney General Sessions to ban hundreds of substances and prosecute people with long federal prison terms in violation of the new drug laws. The measure is House Resolution 2851, the "Stop the Importation and Trafficking of Synthetic Analogues Act of 2017," or "SITSA."

International

Colombia's Coca Crop Substitution Program Faces Same Old Obstacles, Report Finds. A new report from the Colombian Ideas for Peace Foundation casts doubt on the government's ability to eradicate 250,000 acres of coca plantings, saying a vacuum left by the demobilization of leftist FARC guerrillas has not been filled by the state, but is instead being filled by illegal armed drug trafficking groups and paramilitary formations. That means the state is not providing adequate security measures and sustainable alternatives in areas historically hit hardest by decades of armed conflict.

Marijuana Legalization Dramatically Cuts Traffic Stop Searches

In states where marijuana has been legalized, traffic stops resulting in searches by state police are down dramatically, according to a new analysis from the Marshall Project and the Center for Investigative Reporting.

With marijuana possession being legal, police in legal states can no longer assume criminal activity merely because of the presence of pot, which would have given them probable cause to conduct a search. And that means fewer interactions between drivers and police, reducing the prospect of dangerous -- or even deadly -- clashes.

But even though the number of searches dropped for all racial groups, black and brown drivers are still being subjected to searches at a higher rate than whites, the study found. And because the report only studied state police (Highway Patrol) stops, not stops by local law enforcement, which patrols urban areas with higher minority population concentrations, it may understate the racial disparity in traffic stop searches.

The report is based on an analysis of data from researchers at Stanford University, who released a report this week studying some 60 million state patrol stops in 31 states between 2011 and 2015, the most thorough look yet at national traffic stop data. The results from the legal pot states of Colorado and Washington are striking.

In Colorado, the number of traffic stop searches dropped by nearly two-thirds for whites, 58% for Hispanics, and nearly half for blacks. In Washington, the search rate dropped by about 25% for whites and Hispanics, and 34% for African-Americans.

Still, racial disparities in search rates persisted in both states. In Colorado, the search rate for black drivers was 3.3 times that for whites, and the rate for Hispanic drivers was 2.7 times that for whites. In Washington, blacks were twice as likely to be searched as whites, while the search rate for Hispanics was 1.7 times that of whites.

The traffic stop search data parallels what happened with marijuana arrests in legal states. In Colorado, for instance, a 2016 Department of Public Safety report found that while the number of pot arrests dropped by nearly half after legalization, the arrest rate for blacks was still nearly three times that of whites.

"Legalizing marijuana is not going to solve racial disparities," said Mark Silverstein, legal director of the American Civil Liberties Union of Colorado. "We need to do a lot more before we get at that."

But legalizing marijuana does reduce the number of traffic stop searches, and given the fraught relationship between police and the citizenry, especially communities of color, that is a good thing in itself.

Chronicle AM: RI, VT to Study Legalization, Some NV Rec Sales to Begin July 1, More... (6/23/17)

After marijuana legalization comes up short this year, Vermont and Rhode Island will both have study commissions to examine the issue, Nevada's governor finds a way to get recreational sales going next week, Cuba says no to legal weed, and more.

Marijuana Policy

Study Finds No Increase in Traffic Fatalities After Marijuana Legalization. A study published Thursday in the American Journal of Public Health finds that vehicle crash fatality rates in Colorado and Washington were similar to those of control states both before and after the two states legalized marijuana. The study concluded: "Three years after recreational marijuana legalization, changes in motor vehicle crash fatality rates for Washington and Colorado were not statistically different from those in similar states without recreational marijuana legalization." (Another study was reported the previous day, which by contrast found increased collision claims.)

Massachusetts Legislature Names Conference Committee to Hammer Out Differences on Marijuana Bill. Legislative leaders on Friday named a six-member House-Senate conference committee to try to come up with a compromise bill to implement voter-approved marijuana legalization after the House formally rejected the Senate's version of the bill. The House version had higher taxes and allowed localities to ban pot businesses without a popular vote; the Senate version didn't.

Nevada Governor Signs Executive Order to Let Recreational Sales Begin July 1. Gov. Brian Sandoval (R) has signed an executive order creating an emergency regulation that will allow the state to issue recreational retail licenses next week even if it doesn't approve the distribution licenses caught up in a court battle. Under the emergency regulations, medical marijuana dispensaries could sell surplus product for recreational use effective July 1.

Rhode Island Gives Up on Legal Marijuana This Year, Will Create Study Commission Instead. Both the House and the Senate have now passed bills that would set up a 19-member joint legislative commission to study the effect of legalizing marijuana. The House already approved identical legislation, so only a final concurrence vote on Senate Bill 277A in the House remains.

Vermont Governor Will Appoint Commission to Study Legal Marijuana. Just a day after House Republicans blocked a last-ditch effort to get marijuana legalization passed this year, Gov. Phil Scott (R) announced Thursday he will appoint a commission to study legalization in the state. Last month, Scott vetoed a legalization bill that had passed both chambers, saying he had public safety concerns. A revamped bill addressing those concerns got through the Senate, but was snuffed out when the House refused to waive rules to allow a vote on it.

International

Cuba Says Marijuana Legalization is Fueling Drug Trafficking. The secretary of the Cuban National Drugs Commission said Friday that it will not follow the regional trend toward the liberalization of marijuana laws and that that trend is fueling drug trafficking. "Cuba is facing a very difficult situation at the moment with regards to drug trafficking," Antonio Israel Ibarra said at a news conference. "Firstly because in Latin America and the Caribbean, there is a group of countries trying to legalize, or that has legalized, the use of marijuana. We have not legalized it, nor will we."

Medical Marijuana Update

Iowa sees an expansion of its CBD cannabis oil law, a Delaware medical marijuana expansion bill stalls, Florida remains without medical marijuana regulations after the legislature couldn't get its act together, and more.

Delaware

On Tuesday, the medical marijuana expansion bill stalled for lack of support. A bill that would have expanded the list of qualifying conditions for medical marijuana stalled in the Senate Tuesday as lawmakers complained that a promised amendment to address concerns of the medical profession was never added. But sponsor Sen. Margaret Rose Henry (D-Wilmington) said Senate Bill 24 would be reintroduced at a later date. The bill would have added debilitating anxiety to the list of qualifying conditions and removed a requirement that a psychiatrist sign recommendations for people seeking medical marijuana for PTSD.

Florida

Last Thursday, calls grew for a special session to deal with medical marijuana. House Speaker Richard Corcoran has joined a growing number of people calling for a special legislative session to come up with rules for the state's voter-approved medical marijuana amendment. Senate President Joe Negron has also said the legislature should be responsible for crafting the rules. The session ended earlier last week without the legislature reaching agreement on how to regulate medical marijuana. If the legislature doesn't come back into session to deal with the issue, it will be left up to the state Health Department.

Iowa

Last Friday, the governor signed a CBD cannabis oil expansion bill. Gov. Terry Branstad (R) signed into law House File 524, which expands an existing law that allows people with certain conditions to use CBD cannabis oil, but did not allow for production or sale of the oil. The new law lets the state authorize up to two facilities to grow marijuana and produce cannabis oil to be sold in five state-approved dispensaries. It also expands the list of qualifying illnesses to include 15 chronic conditions.

Michigan

Last Thursday,a bill was filed to allow patients to transport their medicine. Rep. Peter Lucido (D-Macomb County) filed House Bill 4606, which would repeal a 2012 law making it illegal to transport marijuana unless it's in a container in the trunk of a vehicle. It's "ridiculous" that medical marijuana patients can't carry pot like any other prescription medication," Lucido said."It makes no sense to give out medical marijuana cards and force patients to put it in the trunk," he continued. "My God, it's not a gun -- being a lawyer, my law firm has taken on at least a dozen of these cases."

New Jersey

Last Friday, a review panel recommended adding chronic pain as a qualifying condition. The state Medical Marijuana Program Review Panel recommended that the Health Commissioner approve chronic pain related to a number of ailments as a qualifying condition for the use of medical marijuana. There will now be a 60-day comment period and a public hearing before the recommendations is finalized and sent to the commissioner.

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

Chronicle AM: NJ Legalization Bill Filed, Seattle Safe Injection Sites Face NIMBY, More... (5/15/17)

A new Jersey state senator wants to legalize marijuana, and so do Britain's Liberal Democrats; Seattle's proposed safe injection sites face NIMBY opposition, violence flares in Mexico and threatens to erupt in Colombia, and more.

Colombian President Juan Manuel Santos helps eradicating the first of many coca plants. (President’s Office)
Marijuana Policy

Nevada Legislature Approves Bill Outlawing Urine Testing of Suspected Pot-Impaired Drivers. Lawmakers last Thursday gave final approval to Assembly Bill 135, which would bar the use of urine tests for driving under the influence of marijuana because the science shows that urinalysis does not actually measure impairment -- merely the presence of marijuana metabolites. Under the bill, drivers suspected of being under the influence of pot would be subjected to a blood test, which actually measures THC levels (although not impairment). The bill does not change the state's per se DUID level of two nanogram of THC per milliliter, which presumes drivers are impaired at that level.

New Jersey Legalization Bill Rolled Out Today. State Sen. Nicholas Scutari (D-Linden) on Monday introduced a legalization bill, even though he conceded it was unlikely to become law while Gov. Chris Christie (R) is still around. Christie's term ends in January. The bill would allow the possession of up to an ounce, 16 ounces of edibles, and 72 ounces of marijuana-infused beverages, but would not allow personal cultivation. The bill would also create a Division of Marijuana Enforcement to regulate marijuana commerce, with a sales tax of 7%, rising to 25% over five years. The bill is not yet available on the legislative website.

Medical Marijuana

Iowa Governor Signs CBD Cannabis Oil Expansion Bill. Gov. Terry Branstad (R) last Friday signed into law House File 524, which expands an existing law that allows people with certain conditions to use CBD cannabis oil, but did not allow for production or sale of the oil. The new law lets the state authorize up to two facilities to grow marijuana and produce cannabis oil to be sold in five state-approved dispensaries. It also expands the list of qualifying illnesses to include 15 chronic conditions.

Harm Reduction

Seattle Supervised Injection Sites Face NIMBY Opposition. Opponents of proposed supervised injection sites -- one in Seattle and one possibly in suburban King County -- have organized a local initiative campaign to put the proposal to a county-wide vote. Initiative 27 needs some 47,000 valid voter signatures by July 31 to put the proposal to an up or down vote on the November 2017 ballot.

International

Colombian Government Begins Coca Eradication, Narcos Begin Fight-Back. President Juan Manuel Santos took part last Thursday in the kickoff of a campaign to eradicate coca crops and provide substitutes. The government wants to eradicate some 125,000 acres of coca -- more than three times the amount eradicated last year -- but with the FARC now demobilized, drug traffickers and militias are now waging a campaign of threats, intimidation, and violent attacks to protect their business, leaving coca growers caught between the government and the narcos. Nearly three dozen rural community leaders have been assassinated since the November peace deal, and the traffickers seems to be tailing government officials trying to sell the program. In one Putomayo town last week, anonymous pamphlets threatening cooperative leaders appeared the next day.

Mexican Cartel Fight Over Reynosa "Plaza" Leaves More Than Two Dozen Dead. As of late last week, at least 28 people had been killed in fighting among drug traffickers over who would control "la plaza" (the franchise) in the Mexican border town of Reynosa. The dead include cartel members, civilians, and members of the military. The combatants are variously described as either members of the Zetas and Gulf cartels or factions of the Zetas.

British Lib Dems Embrace Marijuana Legalization. The Liberal Democrats have adopted a platform that includes legalizing marijuana and marijuana commerce. The Lib Dems were the third force in British politics behind Labor and the Conservatives, but saw their number of MPs drop dramatically in the most recent elections after joining the Tories as a junior partner in a coalition government. The Lib Dems are now the fourth force in British politics, having been surpassed by the Scottish Nationalists in the last election.

Chronicle AM: Uruguay Legal Pot Sales to Start in July, ID Gov Vetoes Forfeiture Reform, More... (4/7/17)

The Uruguayan government sets the date for legal marijuana sales in pharmacies to begin, West Virginia is just a governor's signature away from becoming the 29th medical marijuana state, Idaho's Republican governor vetoes a broadly-supported asset forfeiture reform bill, and more.

Marijuana Policy

Montana Bill to Study Marijuana Legalization Filed. State Rep. Mary Dunwell (D-Helena) filed House Joint Resolution 35 on Thursday. The bill calls for "a study of the legalization and control of marijuana," with results to be reported to the next session of the legislature. The study would include input from the Departments of Public Health and Human Services, Justice, Revenue, and Agriculture, as well as local law enforcement, courts, schools, and lobbying groups.

Medical Marijuana

Arizona Appeals Court Strikes Down Criminal Ban on Possession of Medical Marijuana on College Campuses. The state Court of Appeals ruled on Thursday that even though colleges and universities can bar the possession of medical marijuana through administrative means, the state cannot make on-campus possession a criminal offense. The state's medical marijuana law barred its possession in prisons, schools, and on school buses, but the legislature in 2012 added college campuses to the list. Now, the appellate court has ruled the state couldn't do that. The case is Arizona v. Maestes.

Ohio Medical Marijuana Grower Applications Will Be Accepted Starting in June. The state Department of Commerce will begin accepting applications for 24 medical marijuana grow licenses beginning in June, the department announced on Friday. Once licenses are awarded, holders will have nine months to meet all requirements. Application forms and instructions should be released in the next two to three weeks, the department said.

West Virginia Medical Marijuana Bill Heads to Governor's Desk. The Mountaineer State is poised to become the 29th medical marijuana state after the legislature gave final approval to Senate Bill 386 Thursday, sending the measure to the desk of Gov. Jim Justice (D). The bill would set up a dispensary system, but does not authorize patients to smoke marijuana or grow their own.

Heroin and Prescription Opioids

Kentucky Bill to Raise Heroin, Fentanyl Penalties Awaits Governor's Signature. The General Assembly last week approved House Bill 333, which would increase penalties for the sale of heroin, fentanyl, or carfentanil. Under current laws, adopted as sentencing reform measures in 2011, traffickers face one to five years in prison. Under this bill, they would face five to 10 years in prison. The bill is currently on the desk of Gov. Matt Bevin (R).

Asset Forfeiture

Idaho Governor Vetoes Asset Forfeiture Reform. Gov. Butch Otter (R) on Thursday vetoed House Bill 202, a civil asset forfeiture reform bill that passed the legislature with broad bipartisan support. The bill would have ended asset forfeiture absent a criminal conviction, as well as imposing reporting and other requirements on law enforcement. The governor insisted there is no problem to fix, although lawmakers clearly disagreed.

Drug Policy

Beto O'Rourke Leads Bipartisan Bill that Repeals Federal Transportation Law Requiring States to Suspend Driver's Licenses for Drug Offenses. US Rep. Beto O'Rourke (D-TX) and five bipartisan cosponsors have filed House Resolution 1952, which would repeal a 26-year-old federal law that mandates states to automatically suspend driver's licenses for anyone convicted of a drug offense or risk losing federal highway aid money. Some 38 states have already opted out of that program, but 12 states -- including Texas, New York, Michigan, and Florida -- still comply with the requirement.

Rand Paul, Elijah Cummings File Bills to Seal Criminal Records for Federal Nonviolent Offenses. US Sen. Rand Paul (R-KY) and US Rep. Elijah Cummings (D-MD) have filed identical bills in the Senate and House to seal the federal criminal records of non-violent offenders, which includes tens of thousands of federal drug offenders. The measures are Senate Bill 827 and House Resolution 190, respectively.

International

Uruguay to Allow Marijuana Sales at Pharmacies Beginning in July. The office of President Tabare Vasquez said Thursday that legal marijuana sales through pharmacies will begin in July. That's the last step in implementing a 2013 law that made Uruguay the first country to legalize marijuana. While other parts of the law have been in place, pharmacy sales had been on hold under Vasquez, who isn't nearly as enthusiastic about legalization as was his predecessor, Jose "Pepe" Mujica, who shepherded the law to passage during his term. A gram of weed will go for $1.30.

Four Out of Five French Presidential Candidates Support Marijuana Reform. The leading candidate, centrist Emmanuel Macron, and the rightist candidate, Francois Fillon, both support decriminalizing marijuana possession, leftist candidates Jean-Luc Melenchon and Benoit Hamon have both called for marijuana legalization, while only far-right candidate Marine LePen favors the status quo, which calls for up to a year in jail for the possession of any drug.

Chronicle AM: N. Am. Illegal MJ Market $50+ Billion, AR/ND/ MedMJ Delay Bills, More... (1/18/17)

A new report finds illegal weed is a $50 billion business in North America, Denver begins working on its "social use" ordinance, state legislators move to slow the implementation of medical marijuana, and more.

Marijuana Policy

Estimate Puts Size of North American Pot Market at More Than $50 Billion. A new report from the Arcview Market Research group puts the size of the North American legal marijuana market at $6.9 billion, which is overwhelmed by the $46.4 billion dollar illicit market. Black market marijuana is bigger than wine, which comes in at $38 billion.

States' Effort to Undo Colorado Pot Law Revived. A panel of judges from the 10th US Circuit Court of Appeals in Denver heard arguments Tuesday in a case brought by the states of Nebraska and Oklahoma against Colorado's marijuana law. The hearing suggested judges were open to considering RICO charges against dispensary operators and marijuana cultivation operations. Any decision on the case could take months.

Nevada Governor Announces 10% Excise Tax on Recreational Marijuana. In his final budget speech, Gov. Brian Sandoval (R) announced a 10% excise tax on pot to help support his new budget, which is up 10% from last year's. There's already a 15% is already in place for wholesale purchases, and dispensary operators worry that additional taxes could make the black market stronger.

Denver Begins Work on Allowing Pot Use in Clubs, Other Businesses. A working group of Denver business owners, city regulators, and marijuana foes met together Wednesday to begin crafting regulations to implement the city's voter-approved "social use" ordinance, which will allow clubs, coffee shops, yoga studios, and other businesses to allow marijuana consumption on premises. There is no deadline for finalizing the rules, but advocates hope the city will start accepting applications by the summer.

Medical Marijuana

Arkansas House Approves Medical Marijuana Delay. The House voted Tuesday to approve a proposal that would delay implementation of the state's new medical marijuana law. The measure is House Bill 1026. The bill bumps back a 120-deadline from Election Day for the state to issue dispensary and cultivation licenses to 180 days.

Florida Regulators Issue Draft Medical Marijuana Rules; Initiative Backers Cry Foul. State health officials released draft rules Tuesday for the state's voter-approved medical marijuana program, but that draft largely leaves current vendors with a stranglehold on the state's industry by applying current laws to the constitutional amendment approved in November, and that isn't sitting well with the people who sponsored the Amendment 2 initiative. "The rule is basically ignoring the text of the constitutional amendment at almost every point of the way," said Ben Pollara, campaign manager of the political committee backing the amendment. The health department will hold public hearings to take input on the rule during the second week of February, with meetings in Jacksonville, Fort Lauderdale, Tampa, Orlando and Tallahassee.

North Dakota Senate Approves Medical Marijuana Delay Bill. The state Senate voted 45-0 Tuesday to approve Senate Bill 2154, which would delay some provisions of the state's voter-approved medical marijuana law. Senate leaders said the delay is necessary to develop rules and regulations for the program. The bill now goes to the House.

Law Enforcement

LEAP Changes Its Name, But Not Its Acronym. The drug reform police group Law Enforcement Against Prohibition (LEAP) has now changed its name to the Law Enforcement Action Partnership. "For more than a year, our board and staff have been hard at work to expand into the broader field of criminal justice reform while maintaining a keen focus on our drug policy work. Not only will this expanded scope be a natural fit for our speakers' criminal justice expertise, but it will also help us to become even more effective at moving the drug policy reform conversation forward. And, when you care about something, you want it to be the best it can be. With the right criminal justice reforms, we can do better, for ourselves and for our communities. Our new name reflects the core of our organization," the group said.

New Mexico Bill Would Expand DUI to Include Drugs. Rep. William Rehm (R-Albuquerque) has filed a bill that would target "drugged driving" by setting blood concentration levels similar to those for alcohol for five drugs: marijuana, cocaine, heroin, amphetamine, and methamphetamine. The measure is House Bill 22. But the Drug Policy Alliance, which has opposed similar bills in the past, is raising concerns about this one as well, saying it puts tens of thousands of medical marijuana patients at risk of arrest by setting THC limits unsupported by scientific research.

Medical Marijuana Update

A study finds medical marijuana associated with a decline in traffic fatalities, the Arizona courts stick up for medical marijuana, changes in state law will have impacts in Colorado and Oregon, and more.

National

On Monday, a study found that states with medical marijuana laws see a decline in traffic deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Arizona

Last Wednesday, a prosecutor said he will appeal a ruling telling him not to obstruct medical marijuana businesses. Maricopa County (Phoenix) Attorney Bill Montgomery said he will ask the state Supreme Court to review a ruling a day earlier from the Court of Appeals that rejected his argument that federal law preempts the state's medical marijuana and approve zoning for a medical marijuana dispensary in Sun City. He said the ruling against him undermines federalism and the "fundamental principle of the rule of law."

Last Thursday, the appeals court ruled that the state must prove patients were actually impaired before convicting them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Colorado

As of next Sunday, caregiver plant limits will drop dramatically. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Kansas

On Tuesday, a federal judge threw out a medical marijuana mom's lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Oregon

As of this coming Sunday, dispensaries will go back to selling only to patients. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Pennsylvania

Last Wednesday, regulators announced an initial round of planned dispensary permits. The state will authorize up to 27 dispensary permits during a process that begins with applications opening in mid-January and able to be submitted between February 20 and March 20. Each dispensary is allowed two secondary locations, meaning up to 81 medical marijuana shops could open in this first phase. The state medical marijuana law allows for up to 50 dispensary permits to be issued. State officials said they expected dispensaries to be open for business by mid-2018.

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

Chronicle AM: OR Dispensaries Patient Only, Only Pure Cocaine Weight for OH Sentences, More... (12/26/16)

A new study finds that traffic fatalities decline in medical marijuana states, the Ohio Supreme Court rules that only the weight of pure cocaine -- not filler -- can be used in sentencing determinations, the Republic of Georgia walks away from jailing pot smokers, and more.

Starting next week, Oregon pot buyers will need a patient card if they want to buy at dispensaries. (Creative Commons/Wikimedia)
Medical Marijuana

Study: States With Medical Marijuana Laws See Decline in Traffic Deaths. A new study from Columbia University's Mailman School of Public Health finds that states that have passed medical marijuana laws have seen an 11% reduction in traffic fatalities since those laws went into effect. And those states have seen a 26% reduction in traffic fatalities compared to states where marijuana remains illegal.

Oregon Dispensaries Go Back to Selling Only to Patients Next Week. As of January 1, dispensaries will revert to selling only to card-carrying patients. The state had allowed dispensaries to sell to any adult while it set up a licensing scheme for retail pot shops, but that now ends, and that means Oregon pot consumers who are not patients will have fewer places to legally buy pot. There are some 300 dispensaries in the state, but only a hundred retail pot shops. Some dispensaries are moving to be licensed as retail shops.

Sentencing

Ohio Supreme Court Rules Cocaine Sentences Must Be Based on Weight of Cocaine, Not Filler. In a decision that could reopen the sentencing of people who were sent to state prison for possessing more than a hundred grams of cocaine, the state Supreme Court has ruled that sentences must be based on the amount of pure cocaine suspects had, not the entire amount of suspected drugs. "The state must prove that the weight of the actual cocaine, excluding the weight of any filler materials, meets the statutory threshold," Justice Judith Ann Lanzinger wrote for the 4-3 majority. The decision was based on the legislature's 1995 and 2011 rewriting of the state's drug laws, which defined cocaine as a drug by itself without adding any "mixture."

International

Georgia Constitutional Court Strikes Down Jail for Marijuana Possession. The Constitutional Court ruled last Thursday that possession and consumption of marijuana is no longer a jailable offense. "The Constitutional Court found that the norms referring to the use of a small amount of marijuana, as well as its purchase, storage and product on, are unconstitutional," it said in a statement. The ruling came in response to a lawsuit filed by the Public Defender's Office, which called imprisoning people for pot "irrelevant, too strict, and degrading." Marijuana possession was not a criminal offense in Georgia until 2006, when then President Mikheil Saakashvili launched an anti-drug campaign. Last year, the Constitutional Court struck down a law that imposed a prison sentence of up to 12 years for possession.

Chronicle AM: MO Tech School Drug Testing Victory, AZ MedMJ DUID Victory, More... (12/23/16)

A federal appeals court sharply restricts mandatory drug testing at a Missouri technical college, an Arizona appeals court says prosecutors must actually prove impairment before convicting medical marijuana patients of DUID, the DEA seems to be a bit less busy than in years past, and more.

DEA is doing a little less of this these days, according to federal conviction numbers. (dea.gov)
Marijuana Policy

Connecticut Senate Leader Prioritizes Marijuana Legalization Bill. Marijuana legalization is a key part of state Senate President Martin Looney's (D-New Haven) legislative agenda for the session beginning next month. He has pre-filed a legalization bill that would legalize pot and tax its sale in a manner similar to Colorado as part of a 10-bill package representing his priorities. The bill is not yet available on the legislative website. The move comes despite Gov. Dannel Malloy's (D) rejection of legalization earlier this month and could set up a veto battle if the bill actually passes.

Medical Marijuana

Arizona Appeals Court Rules State Must Prove Patients Were Actually Impaired By Marijuana Before Convicting Them of DUID. Medical marijuana users can't be convicted of DUID solely for having marijuana in their systems absent proof they were actually impaired, the court ruled Thursday. Arizona is a zero-tolerance DUID state, and that's a problem, the judges said. "According to evidence here, there is no scientific consensus about the concentration of THC that generally is sufficient to impair a human being,'' appellate Judge Diane Johnsen wrote. The court also clarified that it is up to the state to prove impairment, not up to the defendant to disprove it. The ruling comes just two days after another division of the appellate court blocked Maricopa County Attorney Bill Montgomery in his bid to cite federal prohibition as a reason to refuse zoning requests for dispensaries.

Drug Testing

Missouri Technical College Can't Force Student Drug Tests, Appeals Court Rules. The State Technical College of Missouri violated the Constitution by forcing incoming students to submit to a drug test, the 8th US Circuit Court of Appeals has ruled. The school instituted the policy in 2011 despite no evidence of accidents being caused by drug use and required students to take a drug test within 10 days of the start of classes. Students shortly filed a class action lawsuit, which won in district court, but was overturned by a three-judge panel of the 8th Circuit. But now, that decision has been overturned by the 8th Circuit en banc, which held that drug testing can only be required in "safety-sensitive" programs.

Wisconsin Lawmaker Backs Away From Proposal to Impose High School Drug Testing. Rep. Joel Kleefisch (R-Oconomowoc) is retreating from a proposal to require school district to drug test student involved in extracurricular activities after the notion was panned by critics including Republican Gov. Scott Walker, who has no problems imposing drug testing on poor people. Now Kleefisch says he will instead ponder legislation that would require school districts to provide a way for parents to voluntarily have their children drug tested.

Law Enforcement

DEA Drug Convictions Continue to Drop. The Transactional Records Access Clearinghouse (TRAC) reports that convictions for drug cases referred by the DEA continue a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

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