Chronicle AM: Obama Commutes More Sentences, ME Pot Opponents Give Up on Recount, More... (12/19/16)
President Obama has just commuted the sentences of another 153 drug offenders, Maine legalization foes concede their recount isn't going anywhere, Marc Emery's Montreal pot shops get raided in a hurry, and more.
[image:1 align:left caption:true]Marijuana Policy
Guam Governor Calls for Marijuana Legalization. Guamanian Gov. Eddie Calvo (R) says it's time to legalize it. "I want us to look at how states navigated into recreational marijuana," Calvo, a Republican, said in a Facebook post on Monday. "Let's figure it out and then tax the heck out of it and use those taxes to help fund our hospital, public safety and education." The comments come just days after Calvo vetoed a bill that would have allowed medical marijuana patients to grow their own, saying it would "impose new and different duties upon our health and law enforcement agencies that will deplete their already strained resources."
Maine Legalization Opponents Give Up on Recount. The anti-legalization group that challenged the narrow victory of Question 1 in last month's elections has given up the ghost. No on 1 said Saturday it was apparent that the recount would not change the outcome. "We promised folks that if we came to a point where we could not see any chance of reversing the result, we would not drag the process out,"said Newell Augur, legal counsel for the No on 1 campaign. "We are satisfied that the count and the result are accurate." Now, the election result can be certified by the secretary of state, and legalization should go into effect sometime next month.
Imprisoned California Dispensary Operators Seek Presidential Commutation. Luke Scarmazzo and Ricardo Montes operated a medical marijuana dispensary in Modesto, California, until their arrest by federal drug agents 10 years ago. They were prosecuted and convicted of federal drug crimes for their efforts and sentenced to 21 years 10 months and 20 years, respectively. Now, they are formally seeking sentence commutations from President Obama, who has cut the sentences of more than a thousand other federal drug prisoners so far this year. The pair point out that they would not have been prosecuted under current federal policies largely turning a blind eye to marijuana in states where it is legal, whether recreationally or merely for medical purposes.
Pardons and Commutations
Obama Issues Another Round of Sentence Commutations. The White House announced Monday that President Obama has commuted the sentences of another 153 federal prisoners, bringing the total this year to more than 1,100. A list of the prisoners and their offenses is not yet available, but Obama's earlier commutations had been directed almost entirely at people serving draconian drug sentences.
Marc Emery's Montreal Pot Shops Raided One Day After Opening. Long-time Canadian pot gadfly Emery and nine others were arrested after a series of raids Friday on his chain of Cannabis Culture pot shops. While Canada is moving to legalize marijuana, it hasn't done so yet, and authorities are working to keep the lid on the bubbling industry. Emery slammed Montreal Mayor Denis Coderre for the raids. "The mayor's behavior is despicable," he said. "If the mayor of Montreal wants to keep his city backward, behind and full of oppression, then that is the statement he just made to the world." As conditions of his bond, Emery cannot consume marijuana, communicate with anyone involved in the Cannabis Culture shops, or be in the province of Quebec except to show up for court dates.
China Denies Being Source of New Synthetic Drugs. Chinese officials have called assertions that China is the source of synthetic opioids linked to the deaths of thousands of drug users "unsubstantiated." Such statements "lack the support of sufficient numbers of actual, confirmed cases," China's National Narcotics Control Commission told DEA's Beijing office in a fax dated Friday. The DEA has said that China is the predominant source of fentanyl, the synthetic opioid many times more powerful than heroin, which has been implicated in thousands of drug overdose deaths.
The US moves -- again -- to signal its displeasure with Philippines drug war killings, a marijuana descheduling petition could use your help, easy-access naloxone comes to Georgia, and more.
[image:1 align:right caption:true]Marijuana Policy
Petition to Deschedule Marijuana Needs Your Signature. The medical marijuana group Patients Out of Time has organized a Change.org petition urging President Obama to direct Attorney General Loretta Lynch to immediately deschedule marijuana. If the petition garners 100,000 signatures by January 9, the White House will respond. The petition currently has slightly more than 6,000 signatures.
Ohio Pharmacy Board Issues Draft Rules for Dispensaries. The board has issued proposed rules governing medical marijuana distribution in the state. The rules envision up to 40 dispensaries operating, with applicants having to show they have at least $250,000 in liquid assets. Applicants would have to pay a $5,000 non-refundable application fee, and if approved, would have to pay an $80,000 annual fee. Dispensaries would also have to pay a $100 fee for each advertisement, which would have to be approved by the board. The rules are open for comment until January 13. The Board of Pharmacy is one of three state agencies tasked with regulating the nascent industry. The State Medical Board has already released rules for doctors, and the Commerce Department is charged with regulating growers and processors.
Heroin and Prescription Opioids
Georgia Governor Clears Path for Over-the-Counter Naloxone. Gov. Nathan Deal (R) Wednesday asked the state Department of Public Health to deregulate the opioid overdose reversal drug naloxone (Narcan), which would allow pharmacies to distribute the life-saving medication without a prescription. The state Board of Pharmacy has already removed naloxone from its dangerous drugs list. "Naloxone is a powerful weapon in the fight against the increasing epidemic of opioid abuse that poses a threat to public health in Georgia," DPH Commissioner Brenda Fitzgerald, M.D., said in a statement. "The governor's decisive action to make this drug accessible to anyone in a position to assist persons at risk of overdose will save countless lives."
US Defers Economic Aid to Philippines Over Drug War Killings. The US Embassy in Manila announced Thursday that it is holding up foreign economic assistance to the country because of "significant concerns around the rule of law and civil liberties in the Philippines" related to President Duterte's ongoing murderous campaign against alleged drug users and sellers. So far, some 6,000 have reportedly been killed in the purge since Duterte took office six months ago. The US had previously halted anti-drug training assistance and blocked the planned sale of some 26,000 assault rifles to the country.
Saudis Order Foreigners Wanting to Marry Saudi Women to Undergo Drug Tests. Under a newly announced law, foreigners wanting to marry Saudi women will have to pass a drug test before being married. "A drug test has been added to the compulsory marital medical test for foreigners seeking marriage with Saudi women," Mishaal Al-Rabian, head of communications and PR at the Ministry of Health explained. "The drug test is only for foreigners and, the test has been applied since the issuance of the circular a few months back." The move is being taken to discourage marriage with foreigners, to repress drug use, and to reduce divorce rates, officials said.
Marc and Jodie Emery Aren't Waiting to Open Montreal Pot Shops. Even though marijuana is still illegal in Canada, activists Marc "Prince of Pot" Emery and wife Jodie opened six retail marijuana outlets in Montreal Thursday. The stores carry the Emerys' Cannabis Culture brand. Local officials are vowing to shut them down, but in the meantime, business is brisk.
Montana's dispensaries are coming back to life, Michigan's medical marijuana fees have been funding aggressive anti-marijuana law enforcement, and more.
On Monday, members of the state's new medical marijuana commission were sworn in. In the first meeting of a commission established to create a state medical marijuana system after voters approved a constitutional amendment last month, five commissioners were sworn in. The members of the state Medical Marijuana Commission are Dr. Ronda Henry-Tillman of Little Rock, lobbyist James Miller of Bryant, Dr. Carlos Roman of Little Rock, pharmacy executive Stephen Carroll of Benton and attorney Travis Story of Fayetteville. Henry-Tillman was unanimously elected Monday afternoon as the commission's chairman.
On Tuesday, a medical marijuana bill was filed. State Sen. Perry Clark (D-Louisville) has filed the Cannabis Compassion Act of 2017 (BR 409), which would allow patients with a specified list of diseases and medical conditions access to their medicine. The bill would allow patients to possess up to three ounces and grow up to 12 plants and envisions a system of regulated cultivators and "compassion centers.
On Tuesday, news came that medical marijuana fees are funding the state's war on drugs.Medical marijuana fees have fattened the Michigan Medical Marijuana Fund, and state law enforcement has been tapping into that fund to aggressively go after marijuana. Local sheriffs in the Detroit area have spent more than $600,000 raiding dispensaries in the past year, and there's more where that came from since the fund has raised $30 million. "I really don't think it's appropriate to fund law enforcement on the backs of medical marijuana patients," medical marijuana attorney Matt Abel told the Detroit News. "… It's really a hidden tax on patients."
Last Wednesday, a state judge cleared dispensaries to reopen. A district court judge in Helena has ruled that a wording error in last month's successful medical marijuana initiative should not keep sick patients from having access to the plant now. The initiative undid a 2011 law that largely undid the original 2004 initiative allowing medical marijuana, but late changes to the initiative resulted in new sections being added, which in turn resulted in a change in section numbering that unintentionally pushed back the date dispensaries could open. "The folks that are maybe the most in need are the least able to provide, to grow their own," the judge said in making his ruling. "I think speed is more important than niceties."
[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]
New England marijuana policy is in flux, as Massachusetts legalizes it, Connecticut's governor disses it, and a key New Hampshire politician says "let's do it," the DEA clarifies that CBD cannabis oils are still illegal under federal law, and more.
[image:1 align:left]Marijuana Policy
Connecticut Governor Doesn't Want to Legalize It. Stopping just short of saying he would veto a legalization bill, Gov. Dannel Malloy (D) said Thursday the legislature shouldn't waste its time on considering the issue. "First of all, I think it's a mistake what Massachusetts has done and other states have done,'' Malloy told reporters in Hartford. "I think we should hit the pause button and watch how it works in the region... I think it's a mistake.''
Massachusetts Legalization Now in Effect. State officials have certified the results of the November 8 election, and that means Bay State residents can now legally possess up to an ounce of pot in public and 10 ounces at home, and they can start growing up to six pot plants per person, with a limit of 12 per house. Marijuana retail and related businesses will not be licensed, though, until January 2018 -- if there are no delays.
New Hampshire Democratic Leader Says It's Time to Create a Path to Legalization. State Sen. Jeff Woodburn (D-Dalton), the Senate Minority Leader, said Wednesday he plans to file a marijuana legalization bill. "I think it's important New Hampshire recognize what's going on around us, but also listen to what the people are asking for. It's important -- I'm a civics teacher by background -- that we have a legitimate government. That means the people have been asking in overwhelming surveys that they support marijuana being legalized and it's important that our elected officials listen to and respond to their desires," he said. New Hampshire is the only New England state that has not even decriminalized possession.
DEA Clarifies That, Yes, It Still Considers CBD to Be Illegal. The DEA Wednesday added a new code for marijuana extracts, including low-THC CBD cannabis oils, in the Federal Register. The code defines marijuana extracts as "an extract containing one or more cannabinoids that has been derived from any plant of the genus Cannabis, other than the separated resin (whether crude or purified) obtained from the plant." That means that marijuana extracts, even those derived from low-THC industrial hemp, are considered marijuana and are placed under Schedule I of the Controlled Substances Act.
Maine Governor Says State Should "Get Rid Of" Medical Marijuana After Legalization. Tea Party Republican Gov. Paul LePage called for an end to the state's medical marijuana program Thursday. "If you've got recreational marijuana, it's over the counter," he said. "Why do we need medical marijuana?" But initiative backers said the intent of the legalization initiative was to respect medical marijuana and have "dual programs running side by side."
Tennessee Republicans Roll Out Medical Marijuana Bill. State Sen. Steve Dickerson (R-Nashville) and state Rep. Jeremy Faison (R-Cosby) held a press conference Wednesday to introduce their "conservative proposal" to allow for the use of medical marijuana. Their draft bill would set a limit of 50 grow houses statewide, with each allowed to operate one on-site and two storefront dispensaries. It appears to make no provision for patient or caregiver grows. And it limits medical marijuana eligibility to a small list of specified conditions, including cancer, HIV/AIDS, ALS, PTSD, and Alzheimer's.
With the backing of the president, Mexico's Senate has approved medical marijuana; Kentucky's attorney general identifies the opioid epidemic as the state's biggest problem, Nevada drug dogs trained to sniff out marijuana face an uncertain future after legalization, and more.
[image:1 align:right caption:true]Heroin and Prescription Opioids
Kentucky AG Says Opioid Epidemic Should Be Legislature's Top Priority. Democratic Attorney General Andy Beshear said Tuesday that the opioid epidemic -- not a failing pension program -- is the state's biggest problem and the Republican-controlled legislature should make that its top priority. "We have a very important pension problem that we have to tackle, but a pension hasn't killed anyone's father or mother or taken a child from a parent," Beshear said. "This drug epidemic is the single largest threat to the lives of our citizens and also to our economy itself."
Wisconsin Lawmaker Wants to Impose Drug Testing on High School Students Statewide. Whether to drug test students is a question traditionally left to local school boards, but state Rep. Joel Kleefisch (R-Oconomowoc) is drafting a bill to impose drug testing on some students statewide. He said he will introduce a bill that will require private and public schools to have policies to randomly drug test students who participate in voluntary activities, such as sports or choir or the debate club. Only a handful of Wisconsin school districts currently have such policies.
After Pot Vote, Nevada Drug Dogs Face Uncertain Future. With legal marijuana looming in the state's near future, Nevada drug dogs trained to sniff marijuana could be out of a job. Drug dogs are trained to detect various substances and will alert on any of them, but after January 1, they could be alerting on a legal substance, and that means their usefulness to law enforcement is in question. They could be retrained (difficult and expensive) or replaced (expensive).
Mexico Senate Votes Overwhelmingly to Approve Medical Marijuana. The Mexican Senate voted 98-7 Tuesday to approve medical marijuana legislation. The move comes after President Enrique Pena Nieto earlier this year signaled his support. Some lawmakers said they were disappointed the bill didn't legalize marijuana outright.
Philippines President Admits Personally Killing People. Speaking Monday about his bloody war on drugs, which has left nearly 6,000 dead in six months, President Rodrigo Duterte admitted to personally killing people while mayor of Davao City, where he has long been accused of tolerating death squads. "In Davao I used to do it personally. Just to show to the guys [police officers] that if I can do it, why can't you. And I'd go around in Davao with a motorcycle, with a big bike around, and I would just patrol the streets, looking for trouble also. I was really looking for a confrontation so I could kill," he said.