Colorado is rolling in the marijuana tax dollars, Washington state gets closer to licensing legal grows, a New Hampshire patient grow bill is moving, the Europeans are worried about some new drugs, and more. Let's get to it:
[image:1 align:left caption:true]Marijuana Policy
Colorado Governor Announces Marijuana Tax Revenues Plan. Gov. John Hickenlooper (D) Wednesday announced his plan to start spending tax revenues from legalized marijuana. He said he would spend $99 million next fiscal year, with half of it going to youth use prevention, another 40% going to substance abuse treatment, and more than $12 million for public health. His proposal must be approved by the legislature.
Washington State Regulators Announce Rules Modifications. The Washington State Liquor Control Board announced Wednesday that it will limit marijuana business applicants to one pot grow each, down from the three-license limit it originally set. The board also reduced by 30% the amount of grow space that licensees can use. The board is trying to address how to equitably distribute the two million square foot of grow space it has set as a statewide cap. The move also opens the way to the actual issuance of grow licenses, which could come as soon as early next month.
New Hampshire Patient Cultivation Bill Wins Committee Vote. A bill that would allow qualifying patients to cultivate a limited amount of medical marijuana in New Hampshire was approved this morning in a 13-3 vote by the House Committee on Health, Human Services, and Elderly Affairs. The bill will be considered by the full House sometime in March. Sponsored by Rep. Donald Wright (R-Tuftonboro), House Bill 1622 would patients or their designated caregivers to possess up to two mature plants and twelve seedlings. The cultivation location would have to be reported to the Department of Health and Human Services, and patients would lose their ability to cultivate when an alternative treatment center opens within 30 miles of their residence.
South Carolina CBD Medical Marijuana Bill Filed. Sen. Tom Davis (R-Beaufort) Wednesday introduced a bill to allow for the use of CBD cannabis oil for the treatment of epilepsy seizures. Senate Bill 1035 has been referred to the Committee on Medical Affairs.
Arizona Bill Would Use Medical Marijuana Fees to Fund Anti-Drug Campaigns. A bill approved Wednesday by the House Health Committee would set up a special fund using fees from medical marijuana user and dispensaries to "discourage marijuana use among the general population." House Bill 2333, sponsored by Rep. Ethan Orr (R-Tucson) is being derided by the Marijuana Policy Project, whose spokesman, Mason Tvert, said "It is remarkable how much money some government officials are willing to flush down the toilet in hopes of scaring adults away from using marijuana."
Vermont Law School Symposium Will Address Heroin Addiction and New Solutions. The Vermont Law Criminal Law Society is hosting a symposium on heroin and opiate addiction and responses to it on Monday. "This event is about new ideas from new sources," said Vermont Law JD candidate George Selby ', one of the panel organizers. "We need to fundamentally change the way we treat addicts and the opiates they fall victim to." Panelists will include addiction and pain specialists, a narcotics investigator, and an advocate for revolutionizing drug policy. They will discuss whether drug courts, replacement therapy, and support groups are enough, and tackle a controversial question: Should doctors be allowed to prescribe heroin to treat heroin addiction? One of the featured speakers is Arnold Trebach, JD, PhD, professor emeritus of public affairs at American University and founder of the Drug Policy Foundation, the precursor to the Drug Policy Alliance, who plans to call for action in Vermont. Click on the title link for more details.
Europeans Issue Alert on Four New Synthetic Drugs. The European Monitoring Center for Drugs and Drug Addiction has issued an alert and announced a formal risk assessment of four new synthetic drugs. They are the hallucinogenic phenethylamine 251-NBOMe ("N-Bomb," linked to three deaths), the synthetic opioid AH-7921 (15 reported deaths in Europe), the synthetic cathinone derivative MDPV ("legal cocaine," linked to 99 deaths), and the arylcyclohexamine drug Methoxetamine (linked to 20 deaths). Click on the link above for more details.
British Columbia Judge Rules Mandatory Minimum Drug Sentences Unconstitutional. A judge in Canada's British Columbia ruled Wednesday that mandatory minimum sentences for drug offenders under the federal 2012 Safe Streets and Communities Act are unconstitutional. In November, an Ontario judge struck down a similar sentence for a weapons offense, but BC is the first province to have the drug offense sentences quashed. Crown prosecutors are expected to appeal.
India Asset Forfeiture Bill Passes Lok Sabha. A bill that would increase the Indian government's ability to seize assets from drug traffickers was approved Wednesday by the Lok Sabha, the lower house of the country's bicameral parliament. The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2011 passed on a voice vote after members took turns worrying aloud about the spread of drug use in the world's most populous democracy.
Big news on a couple of fronts regarding federal sentencing and federal prisoners, the DC council is set to approve decriminalization, Minnesota's welfare drug testing law gets some pushback, and more. Let's get to it:
[image:1 align:right]Marijuana Policy
DC City Council to Vote on Decriminalization Bill Tuesday. The District of Columbia city council will vote Tuesday on the decriminalization bill, the Drug Policy Alliance said Thursday in an email to supporters. The link above is to the bill itself.
Missouri Marijuana Legalization Bill Introduced. Rep. Chris Kelly (D-Columbia) Wednesday introduced House Bill 1659, which would allow adults to possess and grow small amounts of marijuana and set up a taxed and regulated marijuana commerce regime.
Latest Poll Has Arizona Voters "Narrowly Opposing" Legalization. Marijuana legalization had the support of 43% of voters, with 51% in a Scutari and Cjeslak poll released Wednesday. That's the fourth poll in the last year on the topic, all conducted by different pollsters. Two show majorities for legalization; two don't.
Oregon Sees Conferences in Ashland, Portland This Week. Would-be marijuana entrepreneurs in Oregon have two conferences aimed at them this week. The two-day Oregon Medical Marijuana Business Conference began today in Ashland. The National Cannabis Industry Association is holding a one-day "Northwest Cannabusiness Symposium" in Portland on Saturday. An Oregon law allowing dispensaries goes into effect March 3.
Charlie Crist Will Vote for Florida Medical Marijuana Initiative. Florida Democratic gubernatorial candidate Charlie Crist said Wednesday he plans to vote for the state's pending medical marijuana initiative. "This is an issue of compassion, trusting doctors, and trusting the people of Florida," he said. "I will vote for it."
Minnesota Welfare Drug Test Law Draws Flak. Democratic Farm Labor (DFL) legislators, county officials and anti-poverty advocates are pushing back against the state's 2012 law mandating drug tests for welfare recipients with drug felonies. At a hearing Wednesday, Rep. Rena Moran (DFL-St. Paul) said she would propose a bill that would effectively overturn the law by giving counties the discretion to decide whether to apply it or not. County officials complained that the law is expensive to implement and actually affects few people. In one county, one county was forced to spend $1,500 in staff time to search out and test the one person to whom the law applied.
Search and Seizure
NYC Mayor DeBlasio Drops "Stop and Frisk" Appeal. The New York City mayor's office filed papers seeking to drop an appeal of a judge's decision ordering major reforms to the police department's stop-and-frisk policy. A judge ruled last year that the New York Police Department had discriminated against blacks and Hispanics with how it went about stopping, questioning and sometimes frisking people on the street. The judge ordered major reforms to the department's implementation of the policy. Then-Mayor Michael Bloomberg appealed the decision.
Senate Judiciary Committee Approves Smarter Sentencing Act. The Senate Judiciary Committee today approved the Smarter Sentencing Act on a 13-5 vote. It now goes to the Senate floor. Similar legislation is pending in the House.
Justice Department Calls for Drug Prisoners to Seek Clemency. In an unusual move, the Obama administration Thursday told defense lawyers they should suggest more inmates serving time on drug charges who might be deserving of clemency. In a speech to the New York State Bar Association, Deputy Attorney General James Cole told attendees that the Justice Department wanted more names to forward to the White House -- and that the defense bar could be of assistance.
Minnesota Synthetic Drug Bill Wins Committee Vote. Minnesota's House Select Committee on Controlled Substances and Synthetic Drugs Wednesday approved a bill that would toughen laws against new synthetic drugs by expanding the definition of "drug" under the law to include any "substance or derivative… when introduced into the body, induces an effect substantially similar to… controlled substance regardless of whether the substance is marketed for the purpose of human consumption." The legislation would also empower the Board of Pharmacy to execute "cease and desist" orders on stores that sell the substances.
Israeli Cops Keep Arresting Small-Time Hash Possessors, Despite Prosecutor's Instructions to Lay Off. Israeli police keep arresting people for small-time hashish and marijuana possession even though longstanding policy directives from the attorney general instruct them not to. The state prosecutor's office said Wednesday it hadn't instructed them to do so.
Bermuda Marijuana Reform Group Seeks Input. The Cannabis Reform Collaborative (CRC) is soliciting for public input and is inviting members of the community to submit their thoughts and research on the topic of cannabis reform. Click on either link for complete details.
Drug Prohibition Leads to Central America Deforestation, Study Finds. Drug trafficking threatens forests in remote areas of Honduras, Guatemala, Nicaragua, and other nearby countries, according to a research report in Science magazine. Most media outlets have portrayed the finding as "Drug Trafficking Leads to Central America Deforestation," but as the authors of the article note, "Drug policies are also conservation policies, whether we realize it or not. US-led militarized interdiction, for example, has succeeded mainly in moving traffickers around, driving them to operate in ever-more remote, biodiverse ecosystems. Reforming drug policies could alleviate some of the pressures on Central America's disappearing forests." The article is Drug Policy as Conservation Policy: Deforestation; available to members or subscribers.
The Senate Judiciary Committee Thursday gave its imprimatur to the Smarter Sentencing Act, approving the bill and sending it on to a Senate floor vote. The bill is designed to reduce the federal prison population and decrease racial disparities and, if passed by Congress, would mark the biggest federal sentencing reform in decades.
[image:1 align:left]The act, Senate Bill 1410, cuts mandatory minimum sentences for drug law violations, makes retroactive the crack cocaine sentencing reforms passed in 2010, and gives judges greater discretion to sentence below mandatory minimums when the facts of the case warrant it.
The act was cosponsored by a bipartisan group of senators from across the political spectrum, including Senators Mike Lee (R-Utah), Rand Paul (R-Kentucky), Jeff Flake (R-Arizona), Ted Cruz (R-TX), Patrick Leahy (D-VT), Dick Durbin (D-IL), Carl Levin (D-MI) and Sheldon Whitehouse (D-RI).
"The tide has turned against punitive drug policies that destroy lives and tear families apart," said Bill Piper, director of national affairs at the Drug Policy Alliance (DPA). "From liberal stalwarts to Tea Party favorites, there is now consensus that our country incarcerates too many people, for too much time, at too much expense to taxpayers."
The sentencing reform group Families Against Mandatory Minimums (FAMM) also welcomed the bill's progress, but said that it was not happy with some changes included as the bill made its way through the committee.
"We strongly support the underlying bill; however, we have deep concerns about changes made during markup. These changes include new mandatory minimums for domestic violence and sexual abuse that are unjustified and opposed by the very victims they are supposed to protect," the group noted.
"Although FAMM would prefer the total repeal of mandatory minimum sentences, this bill is a necessary compromise that will help address many of the drivers of our exploding prison populations. The reform package is bipartisan, reasonable, and will save taxpayers billions of dollars by locking up fewer nonviolent drug offenders for shorter periods of time. It also focuses on over-criminalization, a monster that no one has been able to get a handle on, but one that must be brought under control."
While the bill has passed out of the Senate Judiciary Committee, companion legislation is languishing in the Republican-controlled House. House Bill 3382, sponsored by Rep. Raul Labrador (R-ID) and 15 cosponsors, is currently before the House Judiciary Committee, chaired by Rep. Bob Goodlatte (R-VA). Advocates are calling on Goodlatte, who helped establish a House Over-Criminalization Task Force last year, to move on the Smarter Sentencing Act.
"Seven of the 10 members of the Over-Criminalization Task Force currently support mandatory minimum sentencing reform, and all of the Task Force members have shown interest in getting a handle on our enormous criminal code," said FAMM's Julie Stewart. "The interest is there, and the time is right -- this is something that Congress could actually do this year."
The favorable Senate Judiciary Committee vote -- it passed 13-5 -- came even as federal prosecutors came out in opposition to it. In a Monday letter to Attorney General Holder, the National Association of Assistant US Attorneys opposed reforms to mandatory minimums.
"We do not join with those who regard our federal system of justice as 'broken' or in need of major reconstruction," the organization said. "Instead, we consider the current federal mandatory minimum sentence framework as well-constructed and well worth preserving."
That sparked a tough rebuke from the Drug Policy Alliance.
"It is disgraceful that prosecutors continue to defend a criminal justice system that is profoundly racially unjust and cruel," said Piper. "While support for major reform is growing in both political parties, many prosecutors are still living in the dark ages."