Asset Forfeiture

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Chronicle AM: VT Legalization Bill Advances, ID Senate Approves Forfeiture Reform, More... (3/22/17)

Legalization bills are still alive in Rhode Island and Vermont, Idaho (!) is on the verge of passing civil asset forfeiture reform, North Dakota activists are threatening to strike back if the legislature messes too much with the state's new voter-approved medical marijuana law, and more.

Marijuana legislation is on the move in Montpelier. (Creative Commons/Wikimedia)
Marijuana Policy

Rhode Island Legislators Say They Have Votes to Legalize Marijuana. Two state legislators who have spearheaded the effort to legalize marijuana said on Tuesday they have majority support in both chambers to pass marijuana legalization -- if the legislative leadership allows the bills to get to a vote. Rep. Scott Slater (D-Providence), sponsor of House Bill 5555, and Sen. Joshua Miller (D-Cranston), sponsor of companion measure Senate Bill 420, said at a press conference said the House bill is sponsored by one-third of House members and the Senate bill by 15 of 38 senators, and that others don't want to support the bill publicly, but have pledged their private support. Both bills are currently before their respective judiciary committees.

Vermont Legalization Bill Wins Committee Vote. The House Judiciary Committee approved a marijuana legalization bill on an 8-3 vote Wednesday. House Bill 170 would allow adults to possess and grow small amounts of marijuana, but does not contemplate legal marijuana commerce. The bill now heads for a House floor vote.

Medical Marijuana

North Dakota Advocates Threaten Lawsuit or New Initiative in Face of Legislative Meddling. The head of the committee that ran the state's successful medical marijuana initiative campaign warned legislators Tuesday that they could face a legal challenge or even another initiative campaign if they don't back away from changes contemplated in Senate Bill 2344, which has already passed the Senate. That measure bars patients and caregivers from growing their own plants and restricts the use of smoked medical marijuana to cases where a physician attests that no other form of marijuana would be effective. The comments came from Rilie Ray Morgan as he testified before the House Human Services Committee.

Tennessee Medical Marijuana Bill Dies. Rep. Jeremy Faison (R-Crosby) said Tuesday that his medical marijuana bill, House Bill 495, is dead because senators were afraid to vote for it. "The Senate, bless their heart, are just scared to death of their voters," Faison said Tuesday after the House Health Committee shelved the bill and instead approved a non-binding marijuana-related resolution to study the issue over the summer.

Hemp

Texas Hemp Bill Filed. Rep. Bill Zedler (R-Arlington) has filed House Bill 3587, which would legalize the production and processing of industrial hemp for commercial purposes. The bill would direct the state Agriculture Department to set up a licensing and regulation program for hemp.

Asset Forfeiture

Idaho Senate Approves Civil Asset Forfeiture Reform. The state Senate on Tuesday unanimously approved House Bill 172, which would limit civil asset forfeiture to cases involving drug trafficking -- not simple possession -- and would clarify that simply being in possession of large amounts of cash is not evidence drug trafficking. The bill has already passed the House, but must now go back for a concurrence vote after the Senate amended by heightening reporting requirements, among other things.

Chronicle AM: DEA Says CO Not New Crackdown, Tunisia Easing Cannabis Penalties, More... (3/17/17)

Yesterday's DEA raids in Colorado do not signal a new crackdown, the agency says; Georgia CBD cannabis oil legislation looks set to advance, Rand Paul reintroduces a federal asset forfeiture reform bill, and more.

Marijuana Policy

DEA Raids Targeting Illicit Colorado Pot Distribution Ring Hit 20 Locations. The DEA and state and local law enforcement agencies raided at least 20 sites Thursday in a crackdown aimed at what it called a "large-scale illegal marijuana grow and distribution operation." DEA said the operation was selling exclusively outside of Colorado, which would have put it under DEA scrutiny even under the Obama administration's policy or largely letting states do their own thing. The DEA said Thursday's raids were not part of a new crackdown.

Medical Marijuana

Georgia Lawmakers Reach Compromise on CBD Cannabis Oil Bill. Lawmakers appear to have reached an agreement that would add six illnesses and conditions to the state's list of qualifying medical conditions, allow the use of CBD cannabis oil in hospice care, and keep the allowable level of THC in cannabis oil at 5% or less. That means Senate Bill 16 should now be able to pass out of the House Human Services Committee and head for a House floor vote.

New Yorkers Suffering Chronic Pain Will Be Able to Use Medical Marijuana Starting Next Week. After announcing in December that it planned to add chronic paid to its list of qualifying conditions for medical marijuana, the Health Department said Thursday patients could start getting recommendations for chronic pain beginning next Wednesday. The department also announced that physicians' assistants can now recommend medical marijuana. "Improving patient access to medical marijuana continues to be one of our top priorities, as it has been since the launch of the program," Health Commissioner Howard Zucker said in a statement. "These key enhancements further that goal."

Hemp

Arizona Hemp Bill Advances. The House Land, Agriculture, and Rural Affairs Committee approved Senate Bill 1337 Thursday. The measure would authorize industrial hemp production and explicitly does not require federal approval. The bill has already passed the Senate, but it still faces votes in the House Rules and House Appropriations committees before heading for a House floor vote.

Asset Forfeiture

Rand Paul Files Federal Asset Forfeiture Reform Bill (Again). US Sen. Rand Paul (R-KY) has reintroduced Senate Bill 642, the Fifth Amendment Integrity Restoration (FAIR) Act. The bill would target and limit federal civil asset forfeiture. Paul introduced the same bill last year. A companion measure, House Resolution 1555, has been filed in the House by Rep. Tim Walberg (R-MI).

International

Tunisia to Ease Marijuana Penalties Beginning Monday. For years, anyone caught with any amount of cannabis faced a mandatory minimum jail term, but the National Security Council said Wednesday that beginning next week, first offenders caught with cannabis will be pardoned as soon as judgement is pronounced. The council action comes as legislation that would have pardoned the first two possession offenses remains tied up in parliament.

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

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

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

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

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

Heroin and Prescription Opioids

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

Asset Forfeiture

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

Drug Testing

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

International

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

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

Chronicle AM: CO Senate Passes Pot Club Bill, Pentagon Expands Recruit Drug Testing, More... (3/10/17)

The Pentagon adds a bunch of opioids and new synthetics to the drug panel it uses to test new recruits, a Colorado bill to allow social marijuana consumption advances, Canada doesn't take kindly to Marc and Jodie Emery's latest efforts, and more.

DOD is expanding the panel of drugs for which it tests new recruits. (Wikimedia)
Marijuana Policy

Colorado Senate Approves Bill to Allow Marijuana Social Clubs. The state Senate on Thursday voted to approve Senate Bill 184, which would allow local governments to permit BYOB cannabis clubs, as long as the businesses seeking them do not serve alcohol or food beyond light snacks. The bill doesn't specify whether indoor smoking would be allowed, which means a private club with no more than three employees could allow it under state smoking laws. The bill now goes to the House.

Medical Marijuana

West Virginia House Kills Surprise Bid to Reschedule Marijuana. Seeing that medical marijuana legislation was going nowhere in Charleston, Delegate Shawn Fluharty (D-Ohio) attempted to inset an amendment into a routine drug scheduling bill that would have moved marijuana from Schedule I to Schedule IV. The amendment excited several hours of debate, but was ultimately killed on a 35-64 vote. "Why are we so scared of helping people?" Fluharty argued in closing floor debate. "That's exactly what this does."

Asset Forfeiture

New Hampshire House Passes Bill to Close Federal Asset Forfeiture Loophole. The state House voted Thursday to approve House Bill 614, which would bar state law enforcement agencies or prosecutors from agreeing to transfer seized property to the federal government unless that seized property includes more than $100,000 in cash. That would end the loophole through which cops and prosecutors seek to end-run a 2016 law that barred civil forfeiture in most cases. The bill now heads to the Senate.

Drug Testing

Pentagon Announces Expanded Drug Testing of New Recruits. The Defense Department is expanding the drug testing of new recruits to include the same 26-drug panel used for active military members. The change will be effective April 3. Currently, recruits are only tested for four substances -- marijuana, cocaine, amphetamines, and MDMA -- but the new drug test will also look for heroin, codeine, morphine, hydrocodone, oxycodone, hydromorphone, oxymorphone, and a number of synthetic cannabinoids and benzodiazepine sedatives.

International

Canadian Cops Raid Marc and Jodie Emery's Cannabis Culture Stores. Police on Thursday morning raided Cannabis Culture stores in Ottawa, Toronto, and Vancouver, as owners Marc and Jodie Emery awaited bail hearings in Toronto. The well-known marijuana reform couple were arrested Wednesday night at the Toronto airport on their way to a cannabis expo in Spain. Police raided seven Cannabis Culture stores and two residences, Toronto police said. The Emerys have been selling marijuana at the shops without waiting for Canada to actually get around to legalizing it.

Filipino Lawmakers Approve Medical Marijuana. The Philippines House on Wednesday approved a bill to allow for the use of marijuana for medicinal purposes. The move comes as the government of President Rodrigo Duterte wages bloody war on other drug users and sellers. The legislation approved by the House would create a government-issued ID card for patients and designates certain qualifying diseases and conditions, as well as allowing for caregivers and dispensaries.

Chronicle AM: NH House Passes Decrim, FL GOP Files Restrictive MedMJ Bill, More... (3/8/17)

Marijuana policy continues to play out in state legislatures across the land, asset forfeiture reform is moving in Iowa, the Ohio Supreme Court reverses itself on cocaine sentencing, and more.

The bud is keeping state legislatures busy. (Flickr)
Marijuana Policy

Alaska Cannabis Cafes Are Back Under Consideration. The Marijuana Control Board met Tuesday afternoon in Anchorage and agreed to try again to come up with rules for on-site marijuana consumption at businesses. The notion was shot down at the last board meeting, but revived on a 4-1 vote.

Connecticut Legalization Bills Get Hearing. Lawmakers went into the evening hours Tuesday as they engaged in heated debate over several bills before the General Assembly that would legalize marijuana. Click the link to get the flavor of the dewbate.

New Hampshire House of Representatives Overwhelmingly Approves Bill to Decriminalize Marijuana Possession. The House voted 318-36 Wednesday to approve House Bill 640, which would decriminalize the possession of up to an ounce of marijuana. Similar bills have failed in years past, but opposition seems to have largely evaporated this year. The measure now heads to the Senate.

Los Angeles Voters Approved Marijuana Regulation Initiative. Voters in Los Angeles approved Measure M with nearly 80% voting in favor. The measure would allow the city to regulate legal marijuana businesses when the legal recreational commerce comes on line next year.

Medical Marijuana

Florida Bill Would Ban Smoking and Edibles. Florida voters overwhelmingly approved a medical marijuana initiative in November, but now Rep. Ray Rodrigues (R-Fort Myers) has filed a medical marijuana regulation bill that would ban people from smoking it or using it in edible form. The measure, House Bill 1397, is not yet available on the legislative website. Rodrigues is a member of the Republican House leadership, and the bill represents the Republican approach to expanding medical marijuana access in the state. "It goes further than the current statute in terms of restricting medical marijuana," says Ben Pollara, the medical marijuana initiative's campaign director. "There was unanimous agreement that the new amendment would expand use."

Utah Lawmakers Pass Medical Marijuana Study Bill; Advocates Call it a Trojan Horse. The House voted Wednesday to concur with earlier Senate amendments to House Bill 130 and sent it to the desk of Gov. Gary Herbert (R). The bill allows state universities to study cannabinoid products for their medicinal potential, but doesn't allow for any actual use. Medical marijuana advocates called the bill "a Trojan horse," saying it is merely a delaying tactic.

Wisconsin Legislature Passes CBD Bill. The Assembly voted Tuesday night to approve Senate Bill 10, which would allow for the use of CBD cannabis oil by children suffering seizures. The bill now goes to the desk of Gov. Scott Walker (R), who is expected to sign it.

Asset Forfeiture

Iowa Senate Committee Passes Bill Taking on Asset Forfeiture; Closes Federal Loophole. The Senate Judiciary Committee voted Monday to approve Senate File 446, which would severely limit asset forfeiture without a criminal conviction and which would bar prosecutors from doing an end run around state law by passing cases off to the feds. The bill now heads for a Senate floor vote.

Sentencing

Ohio Supreme Court Reverses Itself, Declares Filler Must Be Included in Drug Weights. Two months after ruling that prosecutors must prove the actual amount of pure cocaine possessed -- not inert filler -- to secure longer sentences, the state Supreme Court has done a U-turn. In a ruling Monday, the court sided with prosecutors and held that the total weight of drug plus filler must be used when determining sentences. The reversal comes after two new judges were named to the court earlier this year, and dissenting Justice Bill O'Neill said that was the only thing that changed. "The logic is unassailable. The possession of baby formula, talcum powder, or baking soda does not pose the same risk to the public's health and safety as possession of cocaine does," O'Neill wrote.

Chronicle AM: Israel Cabinet Approves MJ Decrim, NM Senate Approves MJ Decrim, More... (3/6/17)

Legalization bills are getting hearings on the East Coast, decriminalization advances in New Mexico and Israel, a Wyoming edibles penalty bill is dead, and more.

Marijuana Policy

Connecticut Legalization Bill Gets Hearing Tomorrow. The General Assembly's Public Health Committee has a hearing set for House Bill 5314, cosponsored by Rep. Melissa Ziobron (R-East Haddam). The bill would legalize marijuana for people 21 and over, set up a regulatory system for marijuana cultivation and sales, and set up a tax system for marijuana commerce. Other legalization bills proposed by Democrats are awaiting action.

Maryland Legalization Bills Get Hearing. Supporters and foes of marijuana legalization testified before the Senate Judicial Proceedings Committee last Thursday on Senate Bill 927, which would tax and regulate legal marijuana sales, and on Senate Bill 891, which would set up a referendum to amend the state constitution to allow people 21 and over to possess up to two ounces and grow up to six plants. No votes were taken.

New Mexico Senate Approves Decriminalization Bill. The Senate voted last Thursday to approve Senate Bill 258, which would decriminalize the possession of up to a half-ounce of marijuana. Between a half-ounce and eight ounces would remain a misdemeanor. The move comes after the legislature rejected outright legalization. The bill is now before the House Consumer and Public Affairs Committee.

North Dakota Legalization Initiative Supporters Will Try Again. Initiative campaigners gave up a few months ago on signature gathering, but now say they will try again and are aiming at getting a measure on the 2018 ballot. Campaigners said they would have a new petition later this spring or summer.

Wyoming Bill to Set Edibles Penalties Dies Amidst Discord. A conference committee of House and Senate members was unable to reach agreement on how to punish the possession of marijuana edibles, killing House Bill 197. The bill had sought to close a loophole in state law that left it unclear how to punish edibles possession, but originally also included sentencing reductions for marijuana in its plant form. That provision was intended to make the bill palatable to Democratic lawmakers, but it was stripped out of the bill in the Senate. The bill died when the House rejected the Senate version.

Medical Marijuana

Arkansas Medical Marijuana "Fix" Bills Are Moving. The Senate sent two medical marijuana bills to the governor's desk last Thursday, while the House passed three more bills and sent them to the Senate. Winning final legislative approval were House Bill 1556, which bars the use of teleconferencing to certify a patient for medical marijuana, and House Bill 1402, which would allow the state to reschedule marijuana if the federal government does it first. Meanwhile, the Senate will now take up House Bill 1580, which imposes a 4% sales tax on cultivation facilities and a 4% sales tax on dispensary sales; House Bill 1436, which sets an expiration date for dispensary licenses, and House Bill 1584, which would led regulators issue temporary dispensary or cultivation licenses when the original owner ceases to be in control of the business.

West Virginia Medical Marijuana Bills Filed. Sen. Patricia Rucker (R-Jefferson) and 11 cosponsors have filed Senate Bill 386 and companion legislation in the House that would allow for the medical use of marijuana by patients with one of a list of qualifying disorders.

Asset Forfeiture

Mississippi Senate Approves Asset Forfeiture Reform Bill. The Senate voted unanimously last Thursday to approve House Bill 812, which will require law enforcement to report on all forfeitures and creates a new asset forfeiture warrant system under which a judge would have to authorize seizures. The bill had already passed both houses, but had to go back to the Senate for a housekeeping vote. It now head to the desk of Gov. Phil Bryant (R).

International

Israeli Cabinet Approves Marijuana Decriminalization. The cabinet has approved the public safety minister's proposal to decriminalize pot possession. Under the proposal, people caught with marijuana would face only administrative fines for their first three offenses, but criminal charges for a fourth. The measure must still be approved by the Knesset.

Durham Police Will Become First in England to Implement Prescription Heroin and Supervised Injection Sites. Police in Durham are set to begin buying pharmaceutical heroin and providing it to addicts, who will inject it twice a day at a supervised injection site. The plan is currently being studied by public health authorities in the region.

Chronicle AM: Capitol Hill MJ Politics Heats Up, INCB Condemns Philippines Drug War, More... (3/3/17)

Eleven senators urge the Trump administration to leave legal marijuana alone, a federal legalization bill gets introduced, Justin Trudeau says yes to marijuana legalization but no to drug decriminalization, the INCB rips the Philippines' bloody drug war, and more.

Marijuana Policy

Eleven US Senators Urge Trump Administration Not to Mess With Legal Marijuana. Eleven senators, led by Lisa Murkowski (R-AL) and Elizabeth Warren (D-MA) sent a letter to Attorney General Jeff Sessions Thursday urging him to uphold the Obama administration policy of letting states implement their own marijuana laws. "We respectfully request that you uphold DOJ's existing policy regarding states that have implemented strong and effective regulations for recreational use," they wrote. "It is critical that states continue to implement these laws."

Republican Congressman Files Federal Marijuana Legalization Bill. Freshman Virginia Republican Rep. Thomas Garrett has filed a legalization bill, House Resolution 1227, that is identical to the one filed last year by Sen. Bernie Sanders (I-VT). Unlike the Sanders bill, which garnered no cosponsors, this one already has three. Garrett played up the states' rights angle in announcing the bill: "Virginia is more than capable of handling its own marijuana policy, as are states such as Colorado or California," he said.

New Mexico Senate Passes Bill Lowering Marijuana Penalties. The Senate Thursday approved Senate Bill 258, which would make possession of less than a half ounce an administrative offense punishable by no more than a $50 fine. Possession of between a half ounce and an ounce would be a misdemeanor, punishable by no more than a $100 fine. The bill now goes to the House.

Medical Marijuana

Mississippi Bill to Let Pharmacies Dispense CBD Cannabis Oil Goes to Governor. The House Thursday approved Senate Bill 2610, which would amend the state's existing CBD cannabis oil law to allow pharmacies to join the University of Mississippi Medical Center in dispensing the medicine. The bill has already passed the Senate and now heads to the desk of Gov. Phil Bryant (R).

Heroin and Prescription Opioids

Maryland Governor Declares Opioid State of Emergency. Gov. Larry Hogan (R) announced Wednesday that he is declaring a state of emergency around the state's heroin and opioid abuse problem. "I will be signing an executive order declaring a state of emergency in response to rapid escalation of the heroin and opioid crisis in our state," Hogan said. "With this continuing threat increasing at such an alarming rate, we must allow for rapid coordination with our state and local emergency teams." Hogan said issuing the emergency notice would give the state and local emergency agencies more flexibility to deal with the problem.

Asset Forfeiture

Idaho House Passes Civil Asset Forfeiture Reform Bill. The Republican-controlled House voted overwhelmingly Thursday to approve House Bill 202, which would bar police from seizing cash or property merely because it was in close proximity to an illegal substance. The bill also bans seizing vehicles unless they are connected to drug-dealing offenses, requires judicial approval for police to keep assets, and requires police to report on seizures. The bill passed despite opposition from the Idaho Sheriffs' Association. It now goes to the Senate.

International

US to Pressure Colombia to Cut Coca Crop. American drug officials will go to Bogota next week to "engage in serious discussions with the Government of Colombia" about the sharp increase in coca cultivation and cocaine production in the country in recent years, they said in a press briefing on Thursday. Colombia has seen a spike in coca cultivation in 2014 and 2015, the last years for which data is available. "We are working on the problem. It is a serious problem," said William R. Brownfield, assistant secretary of the US Bureau of International Narcotics and Law Enforcement Affairs, during Thursday's press briefing. "Both governments recognize this fact. Both governments realize that it is neither in the interest of Colombia, nor in the United States of America, nor, frankly, any country in the Western Hemisphere or the world, that there be more than a doubling of cocaine production coming from Colombia over the last four -- three or four years."

Justin Trudeau Says Marijuana Legalization Coming, But Rejects Drug Decriminalization for Canada. The Canadian prime minister said Thursday he hoped to have a marijuana legalization bill before parliament this summer, but rejected calls from British Columbia public health officials to decriminalize drug possession in a bid to reduce overdose deaths. "I have a tremendous amount of respect for anyone who is on the front lines," he said. "I always listen very carefully to what they have to say. But at the same time, I can absolutely confirm that we are moving forward on a framework to regulate and control marijuana to protect our kids and keep our communities safer from organized crime, and we are not planning on including any other illicit substances in the movement toward legalizing, controlling and regulating."

International Narcotics Control Board Rips Philippines Drug War. In its annual report, released Thursday, the INCB said President Rodrigo Duterte's bloody war on drug users and sellers violates international drug control treaties. "The Board wishes to bring once again to the attention of all Governments that extrajudicial action, purportedly taken in pursuit of drug control objectives, is fundamentally contrary to the provisions and objectives of the three international drug control conventions, under which all actions must be undertaken within the due process of law,"the report said. The INCB said that it had issued a statement calling on the Philippines government to issue an immediate and unequivocal condemnation and denunciation of the killings of individuals suspected of involvement in the illegal drug trade. It also called on the government to put an immediate stop to such actions and bring the perpetrators of such acts to justice.

Chronicle AM: Sessions Vows Drug Crackdown, State Forfeiture Bills Advance, More... (2/28/17)

Ominous noises from AG Sessions on marijuana and drug policy, asset forfeiture reform advances in three states, the feds threaten to shut down the Las Vegas Cannabis Cup, and more.

Attorney General Jeff Sessions has more than just weed on his mind. (theleafonline.org)
Marijuana Policy

Sessions Makes Ominous Noises on Marijuana Policy. Attorney General Jeff Sessions restated his opposition to marijuana use Monday and warned that marijuana legalization efforts could open states to "violence" and a response from the federal government. "I don't think America is going to be a better place when people of all ages, and particularly young people, are smoking pot," Sessions said to reporters Monday at the Department of Justice. "I believe it's an unhealthy practice, and current levels of THC in marijuana are very high compared to what they were a few years ago, and we're seeing real violence around that." He had more disturbing things to say Tuesday. See below.

Feds Threaten to Shut Down Las Vegas Cannabis Cup. Nevada US Attorney Daniel Bogden has sent a letter to the Moapa Paiute tribe warning that the Cannabis Cup trade show set for tribal lands next weekend would violate federal marijuana prohibition laws. "I am informed that the tribal council is moving forward with the planned marijuana event referred to as the 2017 High Times Cannabis Cup because it is under the impression that the so-called 'Cole Memorandum' and subsequent memoranda from the Department of Justice permit marijuana use, possession and distribution on tribal lands when the state law also permits it. Unfortunately, this is an incorrect interpretation of the Department's position on this issue," Bogden wrote in a February 16 letter.

New Mexico Legalization Bill Killed. An effort to legalize marijuana died Monday in the House Business and Industry Committee after members voted 9-1 to kill it. House Bill 89 went down at least in part because of uncertainty surrounding the Trump administration's posture toward legal marijuana. It would have created a 15% tax on marijuana sales from licensed shops, with revenues earmarked for schools, the judiciary, and drug treatment programs.

Asset Forfeiture

Idaho Civil Asset Forfeiture Reform Bill Advances. A bill to require police to demonstrate an actual connection between drugs and seized property before seizing it and to clarify that possession of cash alone is not grounds for seizure has passed the House Judiciary Committee. House Bill 202 now heads for a House floor vote.

Indiana Civil Asset Forfeiture Reform Bill Advances. A bill that would end asset forfeiture without a criminal conviction and would bar prosecutors from circumventing state law by passing cases off to the feds has passed the Senate Committee on Corrections and Criminal Law. Senate Bill 8 now heads for a Senate floor vote.

New Mexico Senate Passes Bill to Close Asset Forfeiture Loophole Used By Cities. The Senate has approved Senate Bill 202 on a unanimous vote. The state ended civil asset forfeiture in 2015, but police in Albuquerque and other cities claimed the law did not apply to their municipal asset forfeiture programs. This bill clarifies that it does. It is now before the House Judiciary Committee.

Drug Policy

Sessions Says DOJ Will Prioritize Drugs, Violent Crime. In remarks before the National Association of Attorneys General Tuesday, US Attorney General Jeff Sessions acknowledged that crime was at historically low levels, but vowed to pursue gun and drug offenses. "[I]llegal drugs flood across our southern border and into cities and towns across our country, bringing violence, addiction and misery. In particular, we've seen an increase in the trafficking of new, low-cost heroin by Mexican drug cartels working with local street gangs,"Sessions said. "As the market for this heroin expands, gangs fight for territory and new customers and neighborhoods are caught in the crossfire,"he continued. "In recent years, we've also seen a significant shift in the priority given to prosecuting gun and drug offenders at the federal level. While numbers don't tell the whole story, I still find the following statistics troubling: at the end of 2015 there were more than 7 percent fewer federal gun prosecutions than five years before. In that same five-year period, federal drug prosecutions declined by 18 percent. "Under my leadership at the Department of Justice, this trend will end,"he said.

Sentencing

West Virginia Bill Would Create Mandatory Minimum Sentences for Adults Who Make or Transport Drugs Around Minors. The House of Delegates' Committee on Prevention and Treatment of Substance Abuse has approved House Bill 2648, which would set a three-year mandatory minimum sentence for any adult found guilty of transporting or manufacturing drugs in front of a minor. The bill now heads to the House Judiciary Committee.

International

Poll Has Four of Five Danes Favoring Medical Marijuana. A new survey from Analyse Denmark has support for medical marijuana at 80%, "with the remainder saying they did not have an opinion." The poll comes as the country awaits a medical marijuana pilot project set to begin on January 1. The poll also asked about marijuana legalization, but only 36% were in favor, with 45% opposed.

Chronicle AM: Fatal Heroin ODs Quadrupled in Five Years, Trump MJ Threat Pushback, More... (2/27/17)

Fatal heroin overdoses have quadrupled in five years, elected officials in legal marijuana states push back on Trump threats, Philly civil asset forfeiture lawsuit wins class action status, and more.

Truth in advertising? Branded heroin seized by the New Jersey State Police.
Marijuana Policy

Elected Officials From Legal Marijuana States Slam Notion of Crackdown. White House press secretary Sean Spicer's announcement last Thursday that the Trump administration was thinking of going after legal marijuana continues to generate sharp pushback. On Sunday, Colorado Gov. John Hickenlooper (D) said now was "the wrong time to pull back" and that a federal crackdown would create "a level of conflict that's going to be very difficult." Meanwhile, Oregon Sen. Ron Wyden (D) called on the administration to "respect the decisions of Oregon voters."

Michigan Legalization Initiative a Compromise Effort, Draft Language Now Available. A number of Michigan marijuana legalization stakeholders have come together to create a draft of a proposed 2018 initiative. The draft includes a 12-plant personal cultivation limit, would limit initial business licenses to existing medical marijuana businesses, and would include "microbusiness" licenses for small commercial grows, among other provisions. The effort is being led by the Marijuana Policy Project, which has been consulting with MINORML, MILegalize 2018 (the folks behind a 2016 effort that came up just short on signature gathering), the Michigan Cannabis Coalition, the Michigan ACLU and others. MPP hopes to have a final draft to present to state officials by late April.

Virginia Legislature Approves Bill to End Driver License Suspensions for First-Time Marijuana Possession. The General Assembly passed House Bill 2051 last Friday. Under the bill, first-time pot possession offenders will not have their licenses automatically suspended for six month. Instead, a judge has the option of ordering them to do 100 hours of community service. Minors would still see their licenses automatically suspended, as would people caught indulging while driving. The bill now goes to the desk of Gov. Terry McAuliffe (D).

Medical Marijuana

Iowa CBD Expansion Bill Stalled. A bill that could have expanded the use of CBD cannabis oil ran into a brick wall in the House Public Safety Committee last Thursday. Committee Chair Rep. Clel Baudler (R-Greenfield) said he had to pull House Study Bill 132 because there wasn't enough support from Republicans to get it out of committee.

Heroin and Prescription Opioids

Fatal Heroin Overdoses Quadrupled in Five Years. A report from the Centers for Disease Control and Prevention (CDC) finds that fatal heroin overdoses jumped from 3,000 in 2010 to more than 12,000 in 2015, a four-fold increase. Heroin killed slightly more people than prescription opioids. The highest drug overdose death rates were in West Virginia, New Hampshire, Kentucky, and Ohio, the study found.

Asset Forfeiture

Lawsuit Challenging Philadelphia Civil Asset Forfeitures Wins Class Status. A federal judge has granted class certification to plaintiffs suing the city of Philadelphia over its civil asset forfeiture program. The plaintiffs are arguing that the program creates an unconstitutional conflict of interest for law enforcement agencies, and the granting of class certification "means that the four named plaintiffs can officially represent the tens of thousands of property owners with asset that have been seized in the past five years," said Institute for Justice attorney Darpana Sheth, who is representing the plaintiffs. Philadelphia prosecutors have filed more than 20,000 civil forfeiture actions since April 2012, the beginning date for the lawsuit.

Chronicle AM: Legal MJ Industry Reacts to Spicer Threat, VA Needle Exchange, More... (2/24/17)

The uproar is deafening in the wake of White House press secretary Sean Spicer's hint Thursday that Trump could crack down on legal weed, Virginia's governor signs a needle exchange bill into law, the Arizona House unanimously passes asset forfeiture reform, and more.

Needle exchange programs are coming to Virginia under a new law just signed by the governor. (Creative Commons/Wikimedia)
Marijuana Policy

Marijuana Industry, Advocates React to Spicer Threat. White House press secretary Sean Spicer's statement Thursday that he expects the Justice Department to crack down on recreational marijuana in states where it is legal has excited a firestorm in the industry and among advocates. "To have Mr. Spicer say in one sentence that they're a states' rights administration and in the very next sentence say they're going to crack down... it just defies logic," said Robert Capecchi, director of federal policies for the Marijuana Policy Project, an organization that lobbies for pot-friendly changes to drug-related legislation. Click on the link for more reaction.

Medical Marijuana

North Carolina Medical Marijuana Bill Filed. House Democrats Wednesday introduced House Bill 185, a full-fledged medical marijuana bill that contains generous provisions on the amount of marijuana patients may possess (up to 24 ounces or "an adequate supply" as determined by a physician) and grow (up to 250 square feet of canopy), as well as providing for caregivers and establishing a system of dispensaries and commercial medical grows. Similar bills died in the 2015-2016 session, with one issued an "unfavorable report," meaning its subject matter could not be considered by the House for two years.

Asset Forfeiture

Arizona House Unanimously Passes Asset Forfeiture Reform Bill. The House voted unanimously Thursday to approve House Bill 2477, which sets a higher evidentiary standard for prosecutors to overcome before they can seize cash or property under civil asset forfeiture. Currently, prosecutors need prove only "a preponderance of the evidence," but under this bill, they would have to provide "clear and convincing evidence" the property or cash was linked to a crime. The bill doesn't abolish civil asset forfeiture, but does tighten it. It would also bar prosecutors from doing an end-run around state laws by passing cases off to the feds. The bill now heads to the Senate.

Harm Reduction

Virginia Governor Signs Needle Exchange Bill. Gov. Terry McAuliffe (D) has signed into law House Bill 2317, which authorizes the state health commissioner to establish and operate needle exchange programs after declaring a public health emergency. Health Commissioner Dr. Marissa Levine and Gov. McAuliffe declared that emergency last year.

International

Bolivian Congress Approves Near Doubling of Legal Coca Cultivation.The lower house approved a bill Thursday that would nearly double the amount of land allowed for legal coca cultivation, and the Senate approved it Friday. The bill would allow farmers to plant up to about 50,000 acres with coca, up dramatically from the 30,000 acres currently allowed. Even that new, higher limit was too much for some coca farmers, who want no limits, and clashed violently with police earlier this week.

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