Chronicle AM: Ted Cruz Flip-Flops on Pot, Mexico Captures "La Tuta," Asset Forfeiture Action, More (2/27/15)
Ted Cruz sees the light (or at least, which way the wind is blowing), a new poll has a majority for legalization in Maryland, asset forfeiture reform gets killed in two states, The Washington Post rethinks drug testing, and more.
[image:1 align:right caption:true]Marijuana Policy
Ted Cruz Changes His Mind on Marijuana Legalization. A year ago, the Texas Republican senator and possible GOP presidential candidate criticized President Obama for allowing Colorado and Washington to legalize marijuana, but now he's singing a different tune. "If the citizens of Colorado decide they want to go down that road, that’s their prerogative," he told Fox News host Sean Hannity on Thursday at the Conservative Political Action Conference (CPAC). "I personally don’t agree with it, but that’s their right."
Iowa Bill to Reduce Marijuana Possession Passes Senate. Earlier this week, the Senate approved Senate File 219, which would reduce the maximum sentence for possessing up to five grams from up to six months in jail to up to 30 days. The bill now goes to the House.
Maryland Poll Has Narrow Majority for Legalization.A new Goucher College poll has support for legalization at 52%, with 44% opposed. The poll comes as the legislature considers a legalization bill.
Pennsylvania Legalization Bill Filed. State Sens. Daylin Leach (D-Montgomery County) and Larry Farnese (D-Philadelphia) have filed Senate Bill 528, the "Regulate Marijuana Act." But they don't expect it to go anywhere this year.
Missouri Issues Licenses for CBD Cannabis Oil Production. The Department of Agriculture this week issued two licenses for the cultivation of low-THC marijuana to be used to make CBD cannabis oil for patients. The licenses went to two St. Louis-area non-profits.
Colorado Asset Forfeiture Reform Bill Killed in Committee. A bill that would have required a criminal conviction before civil asset forfeiture in the case of joint state and federal asset forfeiture proceedings has been killed in the Senate Judiciary Committee. The bill was Senate Bill 006.
Wyoming Attempt to Override Governor's Asset Forfeiture Reform Veto Fails. The state Senate voted today not to override Gov. Matt Mead's (R) veto of bill that would have required a criminal conviction before civil asset forfeiture reform could take place. The Senate voted 23-7 to uphold the veto. The bill had passed both houses with veto-proof majorities, but some senators changed their minds after the gubernatorial veto.
Under Federal Pressure, Kentucky Drug Courts Consider Allowing Opiate Maintenance. After federal drug czar Michael Botticelli said earlier this month that drug court programs that do not allow opiate maintenance therapy could lose federal funding, Kentucky drug courts are considering getting with the program. A court spokesperson confirmed the courts are looking into it, but that they haven't reached a firm decision.
Arkansas Welfare Drug Testing Bill Filed. State Sen. Blake Johnson (R-Corning) has filed Senate Bill 600, which would require people seeking government assistance to be screened for drug use. Those deemed at suspicion of using drugs after screening would have to be tested for drugs.
The Washington Post is Rethinking Its Employee Drug Testing Policy. "The Washington Post is reviewing its policy in light of the changes to DC law," the newspaper said Thursday without elaborating any further. It also ran an opinion piece by Gina Tron arguing that employers in general should quit such screening.
Mexico Captures "La Tuta," Most Wanted Drug Lord. Mexican authorities said today they had captured Servando "La Tuta" Gomez, head of the Michoacan-based Knights Templar cartel. The capture is a boon to the government of President Enrique Pena Nieto, which has been under fire for months for the disappearance and apparent murder of 43 teachers' college students by corrupt police in league with drug gangs.
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State legislatures are keeping us busy with lots of drug-related bills, New York's attorney general gets a deal on naloxone pricing, the feds will crack down on drug courts that don't allow opiate maintenance, and more. Let's get to it:
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New Mexico Legalization Bill Killed. The House Agriculture and Wildlife Committee voted 7-1 to table House Bill 160, which would have legalized marijuana and allowed for regulated and taxed sales. Opponents said it would lead to more drug use on the job and impair public safety.
Virginia CBD Bill Passes Senate. The Senate voted Thursday to approve Senate Bill 1235, which would allow patients with epilepsy to use CBD cannabis oil to control their seizures. The measure passed 37-1. A similar bill has already passed out of committee in the House and awaits a floor vote.
Federal Industrial Hemp Act Picks Up New Sponsors. The bill, HR 525, would remove hemp from the definition of marijuana under the Controlled Substances Act. The bill now has 52 cosponsors -- 34 Democrats and 18 Republicans. The newest are Rep. Ed Whitfield (R-KY) and Rep. Mark Sanford (R-SC).
New Hampshire Bill to Ban Synthetic Drugs Wins Committee Vote. The Senate Commerce Committee unanimously approved Senate Bill 106, which would restrict the sale and possession of all synthetic drugs. The bill would give the Department of Health and Human Services the ability to "add, delete, or otherwise revise" the list of substances included in the law and set a $500 fine for businesses caught distributing the drugs.
House Subcommittee to Hold Hearing on Federal Asset Forfeiture Next Week. The House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will hold a hearing on federal asset forfeiture uses and reforms. The hearing is set for next Wednesday at 10:00am.
Colorado Asset Forfeiture Reform Bill Vote Stalled. A bill that would require a criminal conviction before asset forfeiture could take place has been stalled. Senate Bill 6 was supposed to have a committee hearing this week, but the hearing has been delayed, with no make-up date announced.
New York Attorney General Gets Deal to Reduce Price of Overdose Reversal Drug. State Attorney General Eric Schneiderman has reached an agreement with Amphastar Pharmaceuticals that will result in cheaper prices for the company's formulation of naloxone, which can reverse opiate overdoses. The company nearly doubled the price of the drug last fall as demand rose, giving rise to a chorus of complaints. The deal would give New York state naloxone buyers a $6 per dose rebate. But the company had increased the price of the drug by about $20 per dose.
Wisconsin Governor Narrows Public Benefits Drug Testing Proposal. Gov. Scott Walker (R) no longer plans to require drug screening and possible drug testing for all public benefits recipients; instead, now only childless adults will face the screening.
Feds to Crack Down on Drug Courts That Don't Allow Opiate Maintenance. Acting drug czar Michael Botticelli said during confirmation hearings Thursday that drug courts receiving federal funds will no longer be allowed to deny opiate addicts access to opiate maintenance treatments such as suboxone. Click on the link for more details.
New Cartel Violence in Matamoros Sends Newspaper Editor Fleeing to Texas. At least 15 people have been killed in the past week in confrontations between drug trafficking factions in Tamaulipas state, across the border from South Texas. And a newspaper editor from Matamoros has fled to Texas after being threatened upon publishing reports of a shootout that left nine people dead. Enrique Juarez Torres, editor of El Manana, said he had been kidnapped, beaten, and threatened with death for his reporting. The Thursday edition of the newspaper carried no news of his kidnapping or any other reports on cartel activity.
Laos Vows Crackdown on Drugs; Will Target Addicts as Well as Traffickers. Laotian security officials say they will be going after important drug rings and street dealers, but also drug users. "We're targeting the buyers, sellers, and consumers," a security official said. Laos has already ratcheted up drug law enforcement, with drug arrests up five-fold in 2014 over 2013. The moves come as opium production continues in the country and next door in Myanmar.
The DEA will pay for using a woman's identity (and photos) to make a fake Facebook page, a Wyoming decrim bill is moving, Virginia is seeing CBD and medical marijuana bills, there's a hemp bill in Florida, the Vera Institute releases a report on New York sentencing reforms, and more. Let's get to it:
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Wyoming Decriminalization Bill Wins Committee Vote. The House Judiciary Committee has approved House Bill 29, which would decriminalize the possession of up to an ounce of pot. Fines would be $250 for less than a half ounce and $500 for more. The bill now awaits a House floor vote.
Kettle Falls Five Defendant Seeks Dismissal in Federal Medical Marijuana Case. The widely watched case out of Washington state has been proceeding despite passage of the "cromnibus" appropriations bill barring the use of federal funds to pursue medical marijuana patients and providers in states where it is legal. Now, Larry Harvey, 71, has filed a motion to dismiss the charges, with his attorney arguing that "federal prosecutions take away Washington's authority to determine for itself whether someone is in compliance with its laws or not."
Hawaii Health Department Takes Charges of Medical Marijuana Program. A 2013 law transferring control of the state's medical marijuana program from the Department of Public Safety to the Department of Health is now in effect. Although the program officially became part of the Health Department on January 1, it took until now for the transfer to be complete. For more detail on other program changes, as well as times for public hearings on new regulations, click on the link.
Virginia Legislature Sees CBD, Medical Marijuana Bills. There are at two new bills aiming to make the use of high-CBD, low-THC medical marijuana legal in the Old Dominion. Filed by Sen. David Marsden (D-Fairfax), Senate Bill 1235 would legalize CBD cannabis oil and THC-A oil. Delegate David Albo (R-Fairfax) has filed House Bill 1445, which would also legalize CDB cannabis oil. A third bill, House Bill 1605, filed by Delegate Kenneth Plum (D-Reston) would legalize marijuana.
Washington State Law Banning Medical Marijuana Advertising Unconstitutional, Court Rules. Pierce County Superior Court Judge Elizabeth Martin has ruled unconstitutional a state law that prohibits the advertising of medical uses of marijuana. The law was both vague and overly broad, she ruled, concluding that it violated both the state and federal constitutions. The case is Havsy v. Department of Health.
Florida Hemp Bill Filed. Rep. Michelle Rehwinkel-Vasalinda (D-Tallahassee) has introduced a bill that would legalize hemp production in the state. The bill is House Bill 363. Activists with the Florida Cannabis Action Network (CAN) are seeking a Senate sponsor.
Vera Institute of Justice Report on New York Sentencing Reforms. The report examines 2009 reforms to the Rockefeller drug laws that removed mandatory minimums for some drug offenses and expanded eligibility for treatment instead of incarceration. The report found a 35% percent increase in the rate of diversion to treatment; lower rates of re-arrest in such cases; which was associated with lower rates of rearrest, and fewer defendants sentenced to jail, time served, or "split sentence" -- a combination of jail and probation. However, most drug arrests still did not lead to diversion, and implementation varied widely across boroughs.
DEA Will Pay $134,000 to Woman It Used in Fake Facebook Page. The Justice Department has settled a civil suit brought against the DEA by a Watertown, New York, woman whose identity and photos were used by a DEA agent to create a fake Facebook page in her name to catch drug fugitives. Sondra Arquiett's phone had by seized by the Agenty Tim Sinnigen during a 2010 drug arrest, and the agent posed as her on Facebook without her consent. "The photographs used by Sinnigen included revealing and/or suggestive photographs of (Arquiett), including photographs of (her) in her bra and panties. Sinnigen also posted photographs of (Arquiett's) minor child and her minor niece to the Facebook page." The Justice Department will pay $134,000 to make this go away.
Vietnam Sentences Eight to Death for Heroin Trafficking. Eight people have been sentenced to die for trafficking 416 pounds of heroin in Vietnam. The trial in People's Court in Ho Binh province ended Monday. Six other defendants were sentenced to life in prison, and 17 others jailed for terms ranging from six to 20 years. Vietnam has some of the world's toughest drug laws.
Stratfor's Mexico Cartel Map. The private, Austin-based intelligence concern has released its latest map of Mexican cartel activity. Despite constant changes in the organized crime scene, Stratfor says, cartel activity remains based in three geographic locations: Sinaloa, Tamaulipas, and the Tierra Caliente in Michoacan and Guerrero. Click on the link for more.
Chronicle AM: Flurry of Federal Drug Reform Bills, AZ Legalization Demo, Heroin ODs Up Sharply, More (1/13/15)
Marijuana legalization battles start to heat up in the states, a flurry of federal drug reform bills are filed, heroin overdose deaths are up sharply, Mexican cartels seem to be switching from pot to meth and heroin, and more. Let's get to it:
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Maine Legalization Foes Get Organized. Maine isn't going to legalize weed without a fight. Two groups with "grave concerns" about legalization kicked off a year-long campaign to "educate" Mainers about the dangers of the herb. The two groups are Smart Approaches to Marijuana Maine and the Maine Alliance to Prevent Substance Abuse. The move comes as Rep. Diane Russell (D-Portland) said she will reintroduce her perennial legalization bill, and as state activists work toward a legalization initiative in 2016.
Arizonans Rally to Protest Pot Prohibition, Call for Legalization. More than a hundred people gathered outside the state capitol in Phoenix Monday to urge marijuana law reforms. They were led by Safer Arizona, which says it will protest on the first day of the legislative session until marijuana is legal. A legalization bill will be before the legislature this year.
Fight Over Georgia CBD Medical Marijuana Bill.Rep. Allen Peake (R-Macon) has said he will modify his CBD medical marijuana bill, House Bill 1, after Gov. Nathan Deal (R) objected to a provision that would allow production of the crop in the state. That has supporters of the bill unhappy. They say that because federal law prohibits transporting medical marijuana between states, their medicine will remain out of reach if it cannot be grown in-state.
Federal Hemp Bill Reintroduced. Oregon Sens. Ron Wyden (D) and Jeff Merkley (D) and Kentucky Sens. Mitch McConnell (R) and Rand Paul (R) have re-filed their bill to amend the Controlled Substances Act to exclude industrial hemp from the definition of marijuana. The bill, SB 134, has been referred to the Senate Judiciary Committee.
Heroin Overdose Deaths Jumped in 2013. The Centers for Disease Control and Prevention released data Monday showing that 8,257 people died of heroin-related deaths in 2013, up 39% from the 5,924 deaths the previous year. The number of overall drug overdose deaths also increased, to 43,982 in 2013 from 41,340 the year before. That's an overall increase of 6%.
First LSD Study in Decades Shows Promising Results. LSD can alleviate anxiety in terminally ill patients, according to the first clinical study of the drug in 40 years. The research was sponsored by the Multidisciplinary Associations for Psychedelic Studies (MAPS). The research results were published here.
Houston Congresswoman Files Trio of Criminal Justice Reform Bills. Rep. Sheila Jackson Lee (D-TX) has filed several criminal justice reform bills: HR 46 would increase the evidentiary standard required to convict someone for a drug offense and require screening of police participating in drug task forces; HR 51 would provide for collection of data on racial profiling in traffic stops; and HR 71 would provide earlier releases for certain nonviolent offenders.
Federal Medical Marijuana Asset Forfeiture Reform Bill Filed. Rep. Barbara Lee (D-CA) has filed HR 262, which would amend the Controlled Substances Act to exempt from civil forfeiture real property seized because of medical marijuana-related conduct in states where it is legal. The bill currently has no cosponsors.
Wisconsin Group Delivers Urine Specimen Cups to Legislators in Welfare Drug Test Protest. The Wisconsin chapter of the National Organization for Women (NOW) protested Gov. Scott Walker's (R) plan to impose drug testing on welfare recipients Monday by delivering urine sample cups -- unused -- to the offices of Republican legislators. The group says the plan won't achieve anything except demonizing the poor and that it may be unconstitutional.
Mexican Drug Traffickers Switching to Meth and Heroin. Marijuana legalization and decriminalization north of the border is having an impact south of the border, if US drug seizures are any indication. The amount of marijuana seized by state, local, and federal law enforcement has dropped 37% since 2011, while heroin seizures have increased three-fold and meth seizures have increased five-fold. Farmers in Mexico have reported switching from marijuana to opium in response to market trends.
Chronicle AM: DC Pot Foes Busted, VT Pot Legalization Coalition Forms, KY to Hand Out Naloxone Kits, More (1/7/15)
DC pot legalization foes get nailed for campaign finance violations, Vermont activists are joining forces to legalize it this year, the Congressional Black Caucus is going to concentrate on criminal justice reform, Kentucky is spending money to prevent opiate overdoses, and more. Let's get to it:
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Colorado Governor Says Legalization Off to Good Start, But He's Worried About the Kids. Gov. John Hickenlooper (D) told reporters Tuesday that despite his initial concerns, the state's marijuana industry is well-regulated and staying within the law "in almost every case." Still, said Hickenlooper, "The concern that we still have — that I still have — is whether young people will view this legalization as in some way saying to them that marijuana is safe."
DC Legalization Opponents Violated Campaign Finance Laws. The DC Office of Campaign Finance has concluded that the anti-Initiative 71 group TIE DC ("Two is Enough, DC") violated several campaign laws in its effort to defeat the successful legalization initiative. It failed to register as a political committee, failed to file a financial report, and failed to include proper language in its campaign literature, according to the campaign finance office report. The office is recommending that the group be fined $2,000.
Oregon Liquor Commission Seeking Public Comment on How to Proceed With Legal Marijuana. The commission, which is charged with implementing legalization, wants to hear from interested parties. It has posted a survey on its website asking the public for its input on how best to move forward. The commission is planning a series of "listening sessions" later this month.
Vermont Coalition to Regulate Marijuana Forms. Groups of Vermont legalization supporters have come together to form the Vermont Coalition to Regulate Marijuana with an eye toward getting a legalization bill passed this year. Coalition members include the Vermont ACLU, the state Libertarian and Progressive parties, other state groups, the Marijuana Policy Project and Law Enforcement Against Prohibition (LEAP). A legalization bill last year morphed into a study bill, whose report will be released next week, but Sen. David Zuckerman (P/D-Chittenden) said he plans to introduce a legalization bill this session.
Kentucky to Pay For 2,000 Take-Home Overdose Reversal Drug Kits. Gov. Steve Beshear (D) announced Tuesday that the state will provide $105,000 for three urban hospitals to buy 2,000 naloxone kits to send home with heroin overdose patients. "This project will allow us to get this medicine into the hands and homes of the people who need it most: heroin users and their families," Attorney General Jack Conway said at a Capitol news conference, standing with Beshear and first lady Jane Beshear. "They will be walking out (of the emergency room) with a medication that could save their lives." At least 723 Kentuckians died of drug overdoses in the first nine months of 2014; 27% of those cases involved heroin.
New Head of Congressional Black Caucus Promises Focus on Criminal Justice Reform. Incoming caucus head Rep. GK Butterfield (D-NC) said at his swearing in ceremony Tuesday that the group will focus on criminal justice reform this session. "Thjere is a well-founded mistrust between the African American community and law enforcement officers," Butterfield said. "The statistics are clear. Video clips are clear. We recognize that the overwhelming majority of law enforcement officers put their lives on the line every day to protect our communities. Unfortunately, there are some officers who abuse the sacred responsibility to protect and serve by using excessive and sometimes deadly force when a less severe response is warranted. The CBC will seek legislative action to reverse this terrible trend." The caucus will also work to reform sentencing laws, he said.
At White House, Obama Pledges to Support Mexico in Fight Against Drug Violence. Meeting with Mexican President Enrique Peña Nieto Tuesday, President Obama said the US will stand alongside Mexico as a "good partner" in its fight against violent drug traffickers and related problems. "Our commitment is to be a friend and supporter of Mexico in its efforts to eliminate the scourge of violence and drug cartels that are responsible for so many tragedies inside of Mexico," he said. Despite calls from groups such as Human Rights Watch and the Center for International Policy's America's Program for the US to hold Mexico's feet to the fire over human rights violations, corruption, and impunity, Obama did not publicly address those issues.