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Chronicle AM: TX MJ Legalization Bill Wins Committee Vote !); Decrim Advances in DE, IL, More (5/7/15)

Thu, 05/07/2015 - 20:47

Holy Cow! A marijuana legalization bill wins a committee vote in Texas! Also, decrim bills are moving in Delaware and Illinois, welfare drug testing gets shot down by Democrats in Iowa, but advances thanks to Republicans in Wisconsin, and more.

[image:1 align:right]Marijuana Policy

Fourth California Legalization Initiative Filed. Busy, busy. Jason Porter and Lara Marie Collinsworth have filed the 2016 California Bipartisan Decriminalization of Cannabis Act. That's the fourth so far this year, and we're still waiting for the big one to drop. This one would legalize up to five pounds for personal possession and allow a 500 square foot garden. It would also force medical marijuana into a pharmacy system. There is a handy spreadsheet on the various proposals here.

Delaware Decriminalization Bill Heads for House Floor Vote. A bill to decriminalize the possession of up to an ounce of pot has passed the House Public Safety and Homeland Security Committee after its sponsor, Rep. Helene Keeley (D-Wilmington), said she would revise to address law enforcement concerns. It now includes language making public pot smoking or smoking in a vehicle a misdemeanor with a maximum $200 fine. The cops still oppose it, though. The bill is House Bill 39.

Illinois Decriminalization Bill Wins Senate Committee Vote. A bill that would decriminalize the possession of up to 15 grams of pot passed the Senate Criminal Law Committee Wednesday. House Bill 218 has already passed the House and now heads for a Senate floor vote.

Texas House Committee Approves Legalization Bill. In a surprise move, the House Criminal Jurisprudence Committee approved an outright legalization bill on a 5-2 vote. The bill, House Bill 2165 now awaits a chance at a House floor vote.

Medical Marijuana

Illinois Medical Marijuana Extension Heads for Senate Floor Vote. A bill to extend the state's long-delayed medical marijuana pilot program is now headed for a final Senate vote. House Bill 3299 passed the House last month. It would extend the program for four years after the first dispensary opens.

Texas Senate Approves CBD Cannabis Oil Bill. The Senate today approved Senate Bill 339, the "Texas Compassionate Use Act," which would allow people with severe epileptic conditions to use CBD cannabis oil. The bill now goes to the House. The House is considering a companion bill, but it has not had a floor vote yet.

New Synthetic Drugs

New Hampshire House Approves Synthetic Drug Bill. The House voted Wednesday to restrict synthetic drugs. The bill, Senate Bill 106, would impose fines on persons who sell synthetic drugs and fines and other penalties on businesses that sold them, but would not penalize personal possession of the substances. The bill has already passed the Senate, but was amended in the House, so it needs to go bac for a final Senate vote.

Texas Senate Approves Synthetic Drug Bill. The Senate Wednesday passed Senate Bill 1582, which would allow the state health department to designate new synthetics as "hazardous controlled substances" until the legislature has time to ban them. The bill now goes to the House.

Asset Forfeiture

Oklahoma Civil Asset Forfeiture Reform Bill Filed. Sen. Kyle Loveless (R-Oklahoma City) today filed Senate Bill 838, the "Personal Asset Protection Act." The bill would require a criminal conviction before asset forfeiture can be undertaken. Although the bill is being filed late in the session, Loveless said it was an important issue and that he would hold an interim study to examine the issue.

Drug Testing

Iowa Welfare Drug Testing Defeated. Senate Democrats stood firm to defeat a welfare drug testing amendment proposed as part of a health and human services budget bill Wednesday. The amendment was defeated on a party-line vote, 26-23. The Senate also rejected an amendment that would have required drug testing for lawmakers.

Wisconsin Welfare Drug Testing Bill Moves. A bill that would require some public benefits recipients to undergo drug testing was approved by the Assembly Committee on Public Benefit Reform Wednesday. The Republican-backed measure is Assembly Bill 192

Categories: Asset Forfeiture

Chronicle AM: AZ AG Lets Officials Flout Election Laws, MT Gov Signs Forfeiture Reform Bill, More (5/6/15)

Wed, 05/06/2015 - 22:08

Lots of marijuana policy at the statehouse today, a Texas CBD cannabis oil bill moves, Montana's governor signs asset forfeiture reform into law, Vermont heads in the opposite direction on asset forfeiture, and more.

[image:1 align:right caption:true]Marijuana Policy

Arizona Attorney General Says Elected Officials Can Campaign Against Legalization. Attorney General Mark Brnovich (R) says elected officials can engage in "public education campaigns" against looming marijuana legalization initiatives as long as they don't go as far as telling voters not to vote for them. That's an idiosyncratic interpretation of the state's electioneering laws, and the Marijuana Policy Project, which is backing an initiative there, is threatening to sue.

Iowa Senate Approves Marijuana Bill With Multiple Provisions. The Senate voted Tuesday to approve a bill originally designed to go after synthetic drugs, but which was amended to lessen penalties for possession of five grams or less and to reclassify marijuana from Class I to Class 2. The bill, House File 567, already passed the House, but has to go back for members to vote on the changes made in the Senate.

Louisiana Bill to Lessen Marijuana Penalties Moves. A bill that would decrease maximum sentences for repeat marijuana possession offenders was approved by the House Administration of Criminal Justice Committee today. House Bill 149, from Rep. Austin Badon (D-New Orleans) would make a second offense punishable by only two years in prison instead of five and a third offense punishable by only five years instead of 20. Passage of the bill would move Louisiana's marijuana sentencing from the insanely draconian to the merely harshly draconian. It now heads to the House floor.

Rhode Island House Approves Bill to Bar Disclosure of Minor Marijuana Offenses. With no debate, the House voted 67-1 Tuesday to bar the public disclosure of the names of people who had been busted only once or twice for marijuana possession. The move addressed two conflicting provisions of the state's 2012 decriminalization law, one of which said records would be sealed 18 months after the payment of fines and another of which said they were to stay sealed.

East Lansing, MI, Votes to Legalize Marijuana. Voters there approved a local legalization initiative with 65% of the vote. The initiative legalizes up to an ounce for people 21 and over on private property. It also allows for the transfer of up to an ounce. Marijuana possession remains illegal under state law.

Rhode Island Activists Put Up Billboard. As the legislature contemplates legalization, Regulate Rhode Island has unveiled a billboard aimed at getting solons' attention and showing them legalization could bring jobs and cash to the state.

Medical Marijuana

Texas CBD Cannabis Oil Bills Move. Bills that would allow people suffering from epilepsy to use CBD cannabis oil won committee votes in both chambers Monday. Senate Bill 339 passed out of the Senate Committee on Health and Human Services on an 8-1 vote, while its companion measure, House Bill 892, was approved by the House Public Health Committee, also on an 8-1 vote. A Senate floor vote come could next week.

Asset Forfeiture

Montana Governor Signs Civil Asset Forfeiture Reform Bill. Gov. Steve Bullock (D) Tuesday signed into law HB 463, which would require police to win a conviction before undertaking asset forfeiture proceedings. It also raises the bar for seizures, requiring police to show "clear and convincing evidence" that the property was not legally obtained. Civil asset forfeiture reform has also become law this year in New Mexico.

Vermont House Approves Bill Making Asset Forfeiture Easier. Going against the asset forfeiture reform grain, the House Tuesday gave preliminary approval to a bill that makes it easier for prosecutors to seize the assets of those involved in drug crimes. The bill is S.102 and is supported by law enforcement. The bill was set for a third reading today, and if approved, it would go back to the Senate for approval of changes, or the Senate could call for a conference committee.

Drug Testing

California Roadside Drug Testing Bill Killed. A bill that would have let police use a device similar to a breathalyzer to test drivers for the presence of drugs died in the Assembly Public Safety Committee Tuesday. The bill, Assembly Bill 1356, was supported by law enforcement, but opposed by defense attorneys and the Drug Policy Alliance.

Categories: Asset Forfeiture

Chronicle AM: MT Forfeiture Reform Passes Legislature, IL Pot Decrim Passes House, More (4/24/15)

Fri, 04/24/2015 - 22:17

Decrim advances in Illinois, an Ohio legalization initiative is rolling along, asset forfeiture reform passes in Montana and is now under consideration in Michigan, Vancouver will regulate its dispensaries, and more.

[image:1 align:left caption:true]Marijuana Policy

Illinois House Passes Decriminalization Bill. The House Thursday approved House Bill 218, sponsored by Rep. Kathy Cassidy (D-Chicago). The bill would make possession of 15 grams or less an infraction punishable only by a fine of no more than $125. Under current law, people face up to a year in jail for simple possession. The bill now goes to the state Senate.

Ohio Legalization Initiative Making Progress on Signature-Gathering. The Responsible Ohio legalization initiative campaign has gathered more than 180,000 signatures in its effort to put its initiative before voters in November. Buckeye State initiatives need 305,000 valid voter signatures to qualify for the ballot, so the group probably needs to gather something like 400,000 signatures to ensure that disqualifications don't knock it off the ballot. Responsible Ohio says it is aiming even higher -- for 700,000 signatures. They have until July to gather them. A second legalization initiative, aiming at 2016, Ohioans To End Prohibition, is just in the initial phase of its campaign, while a third effort, led by the Ohio Rights Group, says it will not manage to qualify this year and has filed Election Commission complaints claiming that people associated with Responsible Ohio have interfered with its efforts.

Heroin

Heroin Use Up Sharply in Past Decade, SAMSHA Says. The number of heroin users in the country was stable at around 400,000 between 2002 and 2007, but began increasing in 2008 and reached 681,000 by 2013, according to the Substance Abuse and Mental Health Services Administration (SAMSHA). But that's still less than one-third of 1% of the population. Another 11 million people, or 4% of the population, used prescription pills for off-label reasons.

Asset Forfeiture

Michigan Asset Forfeiture Reform Bill Package Filed. A bipartisan package of eight asset forfeiture reform bills was filed Wednesday with support from the legislature's Republican leadership. One bill would create uniform, mandatory reporting requirements and raise the standard of evidence needed for a seizure from "a preponderance" to "clear and convincing." Another bill would bar seizures of vehicles used by someone buying an ounce of pot or less. The package doesn't include a bill to ban civil asset forfeiture outright, but it's a start.

Montana Legislature Passes Bill Ending Civil Asset Forfeiture. A bill that would end civil asset forfeiture passed the House Thursday. House Bill 463 had already passed the Senate and now heads for the governor's desk. New Mexico and Wyoming have both passed similar laws this year; the New Mexico governor signed hers, but the Wyoming governor vetoed his.

Drug Testing

Florida ACLU Targets Police Field Drug Tests. The ACLU of Florida is investigating the presumptive field test kits police use to make drug arrests. The move comes just a day after Hillsborough County Public Defender called them "faulty" and "inaccurate." Scientists have reported that kits like the Nark 2 are unreliable, but thousands of people have been arrested on the basis of their field test results.

Louisiana Bill Would Let Employers Drug Test Hair. The House Health Committee Wednesday approved House Bill 379, which would allow employers to use hair drug tests on potential hires. Hair drug tests can detect use going back as far as three months. The bill now heads for a House floor vote.

Law Enforcement

Seattle Doing Mass Arrests to Clean Up Downtown Drug Dealing Police in Seattle have arrested more than a hundred people in two days in a push to clean up open-air drug dealing downtown. The arrests involved undercover officers making marijuana, heroin, meth, and cocaine buys. Prosecutors said they would seek judicial orders barring those people from returning to the area, but that they would seek diversion programs in other cases.

International

Vancouver Moves to Regulate Marijuana Stores; Ottawa Not Happy. Vancouver has announced plans to regulate the more than 80 unlicensed medical marijuana dispensaries operating in the city, making it the first city in Canada to do so. But the federal Health Minister is warning the city not to do it, saying it would "normalize" marijuana sales.

Drug Cartel Violence Flares in Mexican Border State. Gun battles and arson attacks flared for the second time in a week in Tamaulipas, just across the Rio Grande River from Texas border towns such as Harlingen and Brownsville. The brouhaha broke out after police captured four alleged Gulf Cartel members and included blockades in the town of Altamira. At least two people were killed. Earlier this month, major violence broke out in Reynosa after the arrest of a Gulf Cartel leader. More than 100,000 people are estimated to have been killed in prohibition-related violence since 2006.

Categories: Asset Forfeiture

Chronicle AM: Another CA Init Filed, AL MedMJ Advances, Irish Ponder Decrim, More (4/23/15)

Thu, 04/23/2015 - 22:15

The legalization initiatives are piling up in California, and we're still waiting for the big one; Rick Perry talks states' rights on pot, an Alabama medical marijuana bill is actually moving, so is a California asset forfeiture reform bill, and more.

[image:1 align:right caption:true]Marijuana Policy

Third California Legalization Initiative Filed. And then there were three. Two previously unknown activists, Chad and Marinda Hanes, have filed The Responsible Use Act of 2016 with state officials. It would allow for the personal possession of up to 24 ounces and the cultivation of up to 12 mature plants. The initiative also envisions marijuana commerce regulated by a Cannabis Control Board. If qualified for signature-gathering, the initiative would need slightly more than half a million valid voter signatures to qualify for the ballot.

Rick Perry Says Marijuana Legalization is a States' Rights Issue. The former Texas governor and potential GOP presidential contender told conservative talk radio host Hugh Hewitt Tuesday that legalization should be up to the states. "Well, I'm a big believer in the 10th Amendment," he said. "I don't agree with those decisions that were made by... the state of Colorado or Washington, but I will defend it to my death, if you will, to allow them to make those decisions. So you know, I think I'm closer to Ted [Cruz] there than I am to Chris [Christie]. I just happen to think that that's one of those that maybe the federal government got wrong to begin with from the standpoint of you've got to have some, you've got to have, you either believe in the 10th Amendment or you don't, is kind of where I come down on it."

Pacific Northwest Voters Still Happy With Legalization. A new Oregon poll has 53% of voters still supporting legalization, while a Washington poll has support at 51%. In both states, support has declined slightly from Election Day (56% in Oregon and 54% in Washington), but is still above 50%.

Medical Marijuana

Alabama Medical Marijuana Bill Wins Committee Vote. The Senate Judiciary Committee approved a medical marijuana bill Wednesday on a 4-3 vote. The measure is Senate Bill 326, sponsored by Sen. Bobby Singleton (D-Greensboro).

Florida Medical Marijuana Effort Dead for This Session. Sunshine State patients will get no relief from Tallahassee this year. Sen. Jeff Brandes (R-St. Petersburg), who has been pushing to quicken the implementation of last year's CBD cannabis oil law, said Wednesday that even that effort is dead. The Senate postponed Senate Bill 7066 Wednesday, and Brandes said he didn't think either chamber would take it up again this year.

Asset Forfeiture

California Asset Forfeiture Reform Bill Wins Committee Vote. The Assembly Public Safety Committee Tuesday approved Senate Bill 443, which would rein in civil asset forfeiture abuses. It now goes to the Assembly Appropriations Committee. The sponsor is Sen. Holly Mitchell (D-Los Angeles).

International

Ireland to Consider Marijuana Decriminalization. Incoming Minister of State with Responsibility for the Drug Strategy Aodhan O'Riordain will examine the possibility of decriminalizing marijuana, he said today. "I think people -- guards, the prison service -- will probably agree with me on that," he said. "We have an opportunity through the legislation that is forthcoming the Misuse of Drugs Act to investigate that. I am going to make any hard calls on that but the difference between decriminalization and legalization is quite different. We need to have a proper discussion before we set up alarm bells in people's heads."

(This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Categories: Asset Forfeiture

Chronicle AM: Supreme Court Nixes Roadside Waits for Drug Dogs, DEA Head to Resign, More (4/21/15)

Tue, 04/21/2015 - 22:53

The DEA head is on her way out, the Supreme Court rules on making motorists wait for drug dogs to arrive, Indiana's governor extends an emergency needle exchange, a new report on asset forfeiture abuses in California is out, and more.

[image:1 align:left caption:true]Marijuana Policy

Washington State Legal Pot Price Declines to $12 a Gram. Pot prices averaged nearly $30 a gram—well above black market prices—when the state's first marijuana retail outlets opened, but that has changed dramatically, according to the State Liquor Control Board. Now, the average retail price of a gram is about $12, as supply expands to meet demand. That's still $336 an ounce, though.

Medical Marijuana

Wyoming Medical Marijuana Initiative Getting Underway. Activists with Wyoming NORML submitted their initiative application with the secretary of state's office Monday. If and when the application is approved, organizers will have until next February to gather 25,673 valid voter signatures to place it on the 2016 general election ballot. A recent poll had support for marijuana at 72% in the Cowboy State.

Asset Forfeiture

New Report Details California Asset Forfeiture Abuses. The Drug Policy Alliance today released a new report, Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California, a multi-year, comprehensive look at asset forfeiture abuses in the state that reveals the troubling extent to which law enforcement agencies have violated state and federal law. The report finds that a handful of LA County cities lead the state in per capita seizures, that some departments rely on asset forfeiture for funding themselves, and that some departments were providing false or incomplete reports to the Justice Department.

Drug Testing

Indiana Welfare Drug Testing Bill Dead. The legislator who unexpectedly proposed adding a welfare drug testing proposal to a social services spending bill has withdrawn it after learning how few people would be tested and how little support there is for it. Rep. Terry Goodin (D-Crawfordsville) said today he would instead seek a study committee to examine how best to fight drug abuse.

Florida Governor Settles on State Employee Drug Testing. Gov. Rick Scott (R) has formally given up on his effort to subject state employees to random, suspicionless drug testing. He reached an agreement Monday with the employees' union that will only allow drug testing in a relative handful of safety-sensitive positions. Of the 1,400 job classifications Scott originally wanted covered, only 267 will be covered.

Harm Reduction

Indiana Governor Extends Emergency Needle Exchange Program. Gov. Mike Pence (R) Monday extended an emergency needle exchange program in Scott County for another 30 days in a bid to get a handle on an injection drug-related HIV outbreak there. The move comes as the legislature heard testimony supporting a bill that would allow similar exchanges elsewhere in the state.

Law Enforcement

DEA Administrator Michele Leonhart Set to Resign. DEA Administrator Michele Leonhart is expected to resign soon, a unnamed "senior administration official" told CBS News this morning. The embattled DEA head has been under fire for years over her leadership of the scandal-ridden agency, but it was her performance at a Capitol Hill hearing last week that sealed her fate. Click on the link to read our feature story on this.

Supreme Court Says Detaining Motorists to Wait for Drug Dogs to Arrive is Not OK. In a 6-3 decision today, the US Supreme Court held that detaining motorists on the side of the highway to await the arrival of a drug dog violates the Fourth Amendment's proscription against unlawful searches and seizures. Writing for the majority, Justice Ruth Bader Ginsburg noted that police may request drivers licenses, vehicle registrations, proof of insurance, and check for outstanding warrants because all those investigatory actions are aimed at enforcing traffic laws and ensuring that vehicles are operating safely—the ostensible reason for the stops. "A dog sniff, unlike those stock inquiries, lacks the same tie to roadway safety," she said. Prolonging the stop, even for a few minutes, to allow for the arrival of a drug dog was improper, Ginsburg wrote. "A traffic stop becomes unlawful if prolonged beyond the time in fact needed to complete all traffic-based inquiries," Ginsburg said. Click on the link to read our newsbrief and view the ruling itself.

International

Mexicans Capture Gulf Cartel Leader. Mexican authorities confirmed over the weekend that they had captured Jose Tiburcio Hernandez Fuentes, who they described as a Gulf Cartel leader responsible for much of the recent violence in the border city of Reynosa. He was caught despite a shootout between Mexican soldiers and police and around 60 cartel gunmen who tried to rescue him. The Mexicans caught a key Juarez Cartel leader just a day earlier. 

Categories: Asset Forfeiture

Chronicle AM: Obama on MedMJ; Chicago, NYC Drug Policy Reform Moves, CA Legalization Funds Begin to Flow, More (4/20/15)

Mon, 04/20/2015 - 22:33

The president suggests he could get behind congressional medical marijuana efforts, a second California legalization initiative has been filed, Weedmaps puts up $2 million for legalization, two of the nation's largest cities are moving toward drug reform, and more. 

[image:1 align:left caption:true]Marijuana Policy

Alaska Marijuana Control Board Bill Passes. The state Senate last Saturday approved House Bill 123, which would create a Marijuana Control Board. It had already passed the House, but now needs to go back for a concurrence vote after the Senate made changes in the bill. But House Bill 75, which would allow for municipal regulation got stalled on a tie vote. Senate Majority Leader John Coghill (R-North Pole) has asked that the bill be held for reconsideration, and the Senate will again take it up before the session ends.

Weedmaps Kicks In $2 Million for California Legalization Efforts. The marijuana store locator app company has donated $1 million to Californians for Sensible Reform, a campaign committee that says it will back the strongest legalization initiative next year. And it's matched that with another $1 million to Californians for Sensible Reform PAC, which says it will support marijuana-friendly candidates.

Second California Legalization Initiative Filed. Proponents of an open-source legalization initiative, the Marijuana Control, Legalization and Revenue Act of 2016 (MCLR), filed the effort with state officials in Sacramento today. The effort is being spearheaded by Americans for Policy Reform, which includes San Jose dispensary operator Dave Hodges and Sebastopol marijuana attorney Omar Figueroa, among others. Figueroa is also one of two proponents for another legalization initiative, the California Craft Cannabis Act, filed last week. More proposed initiatives are expected to follow. The recommended deadline for beginning signature-gathering is in early July. Stay tuned.

Medical Marijuana

Obama Suggests Support for Senate Medical Marijuana Bill. In an interview aired Sunday night on CNN's Weed 3 special with Dr. Sanjay Gupta, Gupta asked the president if he would get behind the CARERS Act, which would reschedule marijuana and allow states with medical marijuana laws to proceed without threat of federal punishment. "You know, I think I’d have to take a look at the details," Obama replied, "but I’m on record as saying that not only do I think carefully prescribed medical use of marijuana may  in fact be appropriate and we should follow the science as opposed to ideology on this issue, but I’m also on record as saying that the more we treat some of these issues related to drug abuse from a public health model and not just from an incarceration model, the better off we’re going to be."

Asset Forfeiture

Wyoming Legislative Committee Studies Civil Asset Forfeiture Reform. Gov. Matt Mead (R) vetoed an asset forfeiture reform bill earlier this year, but the legislature isn't giving up. The Joint Judiciary Committee met in Riverton last week and has directed staff to draft bills for next year's legislative session.

Drug Policy

Chicago Prosecutor Will Stop Prosecuting Simple Drug Possession. Cook County State's Attorney Anita Alvarez said today she intends to quit prosecuting people arrested for simple drug possession and instead link them to social agencies "for treatment rather than pursuing criminal penalties." Those drug possession felonies accounted for one-quarter of all felonies in the county last year. She also said she is not going to bother to prosecute misdemeanor marijuana possession cases, either.

New York City Legislation Would Create New Office of Drug Strategy. A proposal just offered by New York City council members would create the new office to coordinate official, expert, and community responses to drug use. It would enhance evidence-based drug education and public health interventions and simplify access to medical, social, and psychological services to drug users seeking help. The idea is to reduce the morbidity, mortality, crime, and racial disparities in law enforcement created by a one-sided law enforcement approach to the issue.

Harm Reduction

Indiana Governor Signs Bill to Ease Access to Overdose Reversal Drug. Last Friday, Gov. Mike Pence (R) signed into law SEA 406, which allows family members and friends of drug users to obtain the opiate overdose reversal drug naloxone. Previously, only health professionals could administer the drug.

International

Two More Big Australian States Announce Medical Marijuana Trials. Victoria and Queensland have now joined New South Wales in a clinical trial for medical marijuana. The three most populous states will hold clinical trials of cannabis oil for the treatment of chemotherapy-related nausea, severe epilepsy, and in palliative care.

Mexico Captures Top Juarez Cartel Leader. Federal troops last Friday captured Juarez Cartel head Jesus Aguayo in the town of Villa Ahumada in Chihuahua state. Aguayo took over leadership of the organization after authorities captured his predecessor, Vicente Carillo in October. 

Categories: Asset Forfeiture

Chronicle AM: Pot Legalization Inits Filed in AZ, MA; ID Gov Vetoes CBD Oil Bill, China Wages Drug War, More (4/17/15)

Fri, 04/17/2015 - 21:02

Legalization efforts in Arizona and Massachusetts get rolling, there's more good polling, Idaho's governor vetoes a CBD cannabis oil bill over fears of "misuse and abuse," China is waging a major drug war, and more. 

[image:1 align:left]Marijuana Policy

Bloomberg Poll Has 58% Saying Pot Will Be Legal Within 20 Years. Nearly one-third (32%) think marijuana would never be legal, but two-thirds think it will, and the majority think it will happen in all 50 states within the next 20 years. Just 17% thought it would be legal within five years, but more than one-quarter (26%) thought it would be legal within 10 years and 13% said it would take the whole 20 years. Some very excitable folks (2%) thought legalization everywhere would happen in the next year.

Arizona Legalization Initiative Filed Today. The Marijuana Policy Project-backed Campaign to Regulate Marijuana Like Alcohol filed its initiative to tax and regulate marijuana with the secretary of state this afternoon. The initiative would allow adults 21 and over to possess, consume, and grow limited amounts of pot and would create a system of licensed and regulated marijuana commerce. It would let local governments opt out of allowing pot businesses and it would set a 15% tax on retail sales beyond the sales tax. Now, initiative backers must collect signatures from 150,642 registered Arizona voters by June 2016 in order to qualify the initiative for the November 2016 ballot.

Massachusetts Legalization Initiative Filed TodayBay State Repeal today filed with the attorney general's office a first draft of its proposed 2016 legalization initiative. The measure would repeal the state's marijuana laws and replace them with a system of taxed and regulated legal commerce. Adults 21 and over would be allowed to possess, consume, and grow limited amounts of marijuana for their personal use.

Medical Marijuana

Idaho Governor Vetoes CBD Cannabis Oil Bill. Gov. "Butch" Otter Thursday vetoed a bill that would have allowed the use of CBD cannabis oil to treat children suffering from epileptic seizures. Senate Bill 1146 had passed the House 39-30 and the Senate 22-12. Otter said the bill asked the state to ignore the potential for abuse and misuse, even though the oils don't contain enough THC for anyone to get high.

Asset Forfeiture

Texas Legislator Modifies Asset Forfeiture Bill to Counter Law Enforcement Objections. Rep. David Simpson (R-Longview) said Thursday he is amending his civil asset forfeiture reform bill to address concerns raised by law enforcement. He said he would change it to allow the state to keep seized money if the person from whom it was seized absconds and to allow the seizure of vehicles valued at under $10,000. The bill is House Bill 3171.

International

China in Midst of Full-Blown Drug Crackdown. More than 133,000 people have been arrested and more than 43 tons of drugs seized in an ongoing six-month anti-drug campaign, the Ministry of Public Security announced. Authorities also announced that they had handled 115,000 "drug related" crimes, mostly robberies, and 606,000 cases of drug use. Officials said drug trafficking had suffered "a heavy blow" and drug users "forcefully regulated," but added that nine police had been killed in the campaign.

Stratfor Quarterly Update on Mexican Cartels. The Austin-based private intelligence and research firm has issued its quarterly update on the Mexican drug wars. It's quite detailed. Click on the link to read it. 

Categories: Asset Forfeiture

Chronicle AM: Jamaica Decrim Now in Effect, First CA 2016 Legalization Init Filed, GA Gov Signs CBD Bill, More (4/16/15)

Thu, 04/16/2015 - 22:43

A Northern California attorney is first out of the gate with a 2016 legalization initiative, a CBD cannabis oil bill becomes law in Georgia, and another awaits the governor's signature in Oklahoma, congressmen say they have "no confidence" in DEA head Leonhart, decrim is now in effect in Jamaica, and more. 

[image:1 align:left caption:true]Marijuana Policy

First 2016 California Legalization Initiative Filed.  Sebastopol marijuana attorney Omar Figueroa and attorney Heather Burke have filed the California Craft Cannabis Initiative, the first of what are expected to be several measures seeking to legalize marijuana in the state next year. Proponents say it is an inclusive effort designed to protect the state's legacy of artisanal marijuana growers. To make the ballot, initiatives must see their language approved by the state Attorney General's office, and then they have 180 days to gather more than half a million valid voter signatures.

Frustrated Vermont Legislators Propose Treating Alcohol Like Marijuana. A pair of House members Wednesday filed a bill that would ban alcohol and treat it like marijuana. The move was a frustrated reaction to stalled efforts to legalize marijuana and treat it like alcohol.  The bill is House Bill 502, and lead sponsor Rep. Chris Pearson (P-Burlington) said he doesn't really want to ban alcohol, but that the bill is a symbolic step "recognize recent scientific studies that demonstrate that alcohol use is significantly more dangerous than marijuana."

Medical Marijuana

2016 California Medical Marijuana Initiative Filed. A group of medical marijuana activists have filed the Compassionate and Sensible Access Act, which is designed to protect a doctor's right to recommend medical marijuana and limit officials' ability to regulate cultivation, distribution, and transportation of the plant. To make the ballot, the language must first be approved by state officials, then campaigners will have to gather more than half a million valid voter signatures within 180 days of starting.

Georgia Governor Signs CBD Cannabis Oil Bill. Gov. Nathan Deal (R) today signed into law House Bill 1, which allows for the use of CBD cannabis oil for a list of specified diseases and medical conditions. The bill allows patients to possess the oil, but has no provision for obtaining it in the state.

Oklahoma Legislature Approves CBD Cannabis Oil Bill. The Senate Wednesday unanimously approved House Bill 124, which would allow for the use of the oil to treat seizure disorders in children. The bill passed the House in February and now heads to the desk of Gov. Mary Fallin (R).

Asset Forfeiture

Iowa House Committee Hearing on Asset Forfeiture Reform Gets Heated. Law enforcement squared off against civil libertarians in a House Government Oversight Committee hearing Wednesday. No bill was on the agenda, but committee Chair Rep. Bobby Kaufman (R-Wilton) said after the hearing he planned to author reform legislation next year. Click on the link for more detail.

Drug Policy

Federal Western Hemisphere Drug Policy Commission Bill Filed. Rep. Elliot Engel (D-NY) has reintroduced the bill, HR 1812. It's been referred to the House Committee on Foreign Affairs.

Law Enforcement

House Oversight Committee Has "No Confidence" in DEA Head Leonhart. Fed up with DEA Administrator Michele Leonhart over a long litany of scandals in the drug-fighting agency she heads, 22 members of the House Oversight and Government Reforms Committee issued a statement yesterday saying they had "no confidence" in her leadership. "After over a decade of serving in top leadership positions at DEA, Administrator Leonhart has been woefully unable to change or positively influence the pervasive 'good old boy' culture that exists throughout the agency," the statement said. "From her testimony, it is clear that she lacks the authority and will to make the tough decisions required to hold those accountable who compromise national security and bring disgrace to their position. Ms. Leonhart has lost the confidence of this Committee to initiate the necessary reforms to restore the reputation of a vital agency."

Sordid Philadelphia Police Drug War Corruption Trial Underway. This one is a doozy! A trial now in its third week is ripping the lid off scandalously criminal behavior by the police department's dope squad. Stolen drug money, planted evidence, perjured testimony, beaten suspects, it's got it all. Click on the link for more detail.

International

Jah Herb is Now Decriminalized in Jamaica. Marijuana decriminalization went into effect Wednesday in the island nation. Anyone, including foreign tourists, can now possess up to two ounces of ganja and face only a $5 fine. And any household can now grow up to five plants. And adult Rastafarians can now use the herb for religious purposes. Irie.

Elite Texas Cops "Spied on Mexico," Report Says. Department of Public Safety documents show that an elite reconnaissance team formed by Gov. Rick Perry did aerial surveillance of Mexican drug cartel targets on the Mexican side of the border. Aircraft were used to track suspected Zeta cartel members and passed that information on to Immigration and Customs Enforcement (ICE), which in turn worked with Mexican military forces to target them. 

Categories: Asset Forfeiture

Chronicle AM: Pro-Legalization Majority in Pew Poll, DEA Chief on Hot Seat Over Sex Scandals, More (4/15/15)

Wed, 04/15/2015 - 22:20

Another poll has a national majority for legalization, the DEA head gets skewered over taxpayer-funded sex scandals, the Senate Judiciary Committee eyes civil asset forfeiture reform, and much, much more.

[image:1 align:left]Marijuana Policy

New Pew Poll Has Support for Legalization Nationwide at 53%. Advocates for legalization are winning the battle for public opinion, according to this new poll. Not only does it have a majority for legalization, but the poll also finds that while a fifth of respondents (21%) have switched from opposing to favoring legalization, only 7% have gone from supporting to opposing legalization. The poll also had 78% saying federal marijuana laws should not be enforced in states where pot is legal.

Federal Judge Rejects Motion to Reschedule Marijuana. US District Court Judge Kimberly Mueller declined today to remove marijuana from Schedule I of the Controlled Substances Act. The move came in a marijuana cultivation case where defense attorneys challenged pot's placement on the schedules. Mueller said during a brief hearing that she was initially inclined to grant the motion, but decided "this was not the court and this was not the time." She said it was up to Congress to change the law if it so desires.

Chris Christie Says He Will "Not Permit" Legal Marijuana if Elected. New Jersey's Republican Gov. Chris Christie, a potential 2016 GOP presidential candidate, said Tuesday that if elected he would "crack down" on states that have legalized the weed. "I will crack down and not permit it," he said. "States should not be permitted to sell and profit" from legalization, he added, citing "enormous addiction problems."

Alaska House Passes Bill to Create Marijuana Control Board. The House Tuesday approved legislation to create a five-member marijuana control board to regulate the state's looming legal marijuana industry. The board would craft regulations by November, with the first licenses to be issued in May 2016. The measure is House Bill 123.

District of Columbia City Council Approves Two Marijuana Bills. The first bill, B21-0025, bars employers from testing job applicants for marijuana since it is legal in the city. The second bill, B20-0678, increases the number of plants medical marijuana providers can grow from 95 to 1,000.

Medical Marijuana

Federal Bill to Allow Children Access to Medical Marijuana Filed. Reps. Morgan Griffith (R-VA) and Earl Blumenauer (D-OR) Tuesday filed the Compassionate Access Act, which would "allow the states to provide appropriate access to patients needing these legitimate, medical treatments under the supervision of their physician," the congressmen said in a statement. The bill is not yet available on the congressional website.

Hawaii Senate Approves Dispensary Bill. The Senate Tuesday approved a bill that would establish a system of medical dispensaries for the state's 13,000 medical marijuana patients. The measure is House Bill 321. The bill now has to go back to the House for reconciliation.

Iowa Senate Approves Medical Marijuana Expansion Bill. The Senate voted today to approve Senate File 484, which allows the production and distribution of medical marijuana. The bill would allow for up to a dozen independent dispensaries. It now goes to the House.

Washington Legislature Approves Medical Marijuana Overhaul. A bill that seeks to end unregulated medical marijuana dispensary sales and fold medical marijuana into the recreational marijuana system is now headed for the desk of Gov. Jay Inslee (D). Senate Bill 5052 would create a database of patients (voluntary, but patients won't get tax-free medicine unless they sign up), allow patients to possess three times more marijuana than recreational users, and eliminate the current collective garden structure, replacing it with cooperatives limited to four patients.

Asset Forfeiture

Sparks Fly at Senate Judiciary Committee Asset Forfeiture Hearing. Committee Chair Sen. Charles Grassley (R-IA) had a heated exchange with Fraternal Order of Police President Chuck Canterbury over civil asset forfeiture reform in a hearing today. Canterbury opposed ending civil asset forfeiture because doing so would deprive police of "hundreds of millions" of dollars to fight crime and terror, but Grassley dismissed that argument, saying such laws have created a "perverse incentive" for police to abuse them. Police opposition to reform "dismisses the need for real reform and demonstrates the absurdity of a system of justice in which some in law enforcement appear to value funding their own operations over protecting civil rights," Grassley said. The hearing is part of a broad push this year to reform federal civil asset forfeiture laws.

Virginia Senate Kills Civil Asset Forfeiture Reform. The Senate today set aside efforts to enact civil asset forfeiture reform. The decision came during the legislature's annual reconvene session, when solons meet to consider responding to gubernatorial vetoes and amendments to bills passed during the session that ended last month. The legislature had passed a bill requiring only that police provide an inventory of property seized, and some legislators had hoped to get Gov. Terry McAuliffe (D) to add more substantial reforms, but they gave up on that effort today. Instead, they will leave it for the state crime commission to study.

Law Enforcement

DEA Head Gets Scalded in Hearing Over Agents' Sex Parties. DEA Administrator Michele Leonhart was on the hot seat Tuesday as the House Oversight Committee took aim at revelations of taxpayer-funded sex parties involving DEA agents and prostitutes in Colombia. Members scoffed at her claims that she was unable to fire anyone involved and harshly questioned the agency's (lack of) response to the incidents. Click on the link for juicy details.

Sentencing

California Bill to Refelonize "Date Rape" Drugs Advances. A bill that would give prosecutors the option of charging possession of Rohypnol, ketamine, and GHB as a felony passed the Assembly Public Safety Committee today. Assembly Bill 46 is an attempt to partially roll back last year's voter-approved Proposition 47, which defelonized simple drug possession.

Connecticut Bill Would Dramatically Shrink "Drug Free" Zones. The legislature's Judiciary Committee voted last Friday to amend a bill aimed at reducing the number of drug prisoners in the state by shrinking the area of sentence-enhancing "drug free" zones to just schools and day care centers, eliminating the 1,500-foot zone around the buildings. The vote came as an amendment to Senate Bill 952, part of Gov. Dannel Malloy's (D) "Second Chance Society."

(This article was prepared by StoptheDrugWar.org's lobbying arm, Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Categories: Asset Forfeiture

Chronicle AM: IA & VA Pot Polls; Ecuador Reform Bill, New Federal Cosponsors, More (4/14/15)

Tue, 04/14/2015 - 21:02

Congress is back and reform bills are picking up new cosponsors, new polls have Iowa dead even on pot legalization and Virginia favoring it, a major medical marijuana conference is coming, Ecuador begins debating a groundbreaking drug reform bill, and more.

[image:1 align:right caption:true]Marijuana Policy

Federal Marijuana Prohibition Repeal Bill Picks Up New Cosponsor. Rep. Jan Schakowsky (D-IL) is the latest sponsor of HR 1013, the Regulate Marijuana Like Alcohol Act. The bill now has 14 cosponsors -- 13 Democrats and one Republican. Click the link to for more bill information.

Iowa Poll Has State Split on Legalization, Strong Support for Medical. A new Quinnipiac University poll has Iowans split 47% to 47% on legalizing pot, but overwhelmingly in favor of medical marijuana, with 86% saying they support it.

Virginia Poll Has Majority for Legalization.A new Quinnipiac University poll has Virginians backing marijuana legalization, with 54% in favor and only 41% opposed. The poll also had support for medical marijuana above 80%.

Medical Marijuana

Federal Medical Marijuana Bill Picks Up New Cosponsors. The CARERS Act, HR 1538, which would end federal interference in states with medical marijuana laws, has picked up new sponsors over the recess. The latest are Reps. Justin Amash (R-MI), Donald Beyer (D-VA), Earl Blumenauer (D-OR), and Joseph Heck (R-NV). The bill now has 12 cosponsors, evenly divided among Democrats and Republicans. Click the link for more bill information.

Federal CBD Medical Marijuana Bill Picks Up New Cosponsors. The Charlotte's Web Medical Access Act, HR 1635, which would remove cannabidiol (CBD) and CBD-rich marijuana plants from the Controlled Substances Act, has picked up new cosponsors. The latest are Reps. Paul Ryan (R-WI) and Mick Mulvaney (R-SC). The bill now has 20 cosponsors, evenly divided among Democrats and Republicans. Click on the link for more bill information.

9th Annual Clinical Cannabis Conference Next Month in Florida. The medical marijuana advocacy group Patients Out of Time is hosting this premier event. Click on the link for all the details and registration information.

Tennessee Lawmakers Approve CBD Cannabis Oil Bill. Both the House and the Senate unanimously approved a bill to allow the use of CBD cannabis oil for the treatment of seizures in children Monday night. House Bill 197 now awaits the signatures of Gov. Bill Haslam (R).

Hemp

Federal Hemp Bill Picks Up New Cosponsor. The Industrial Hemp Farming Act, HR 525, which would remove hemp from the Controlled Substances Act, has picked up a new cosponsor. The latest is Rep. Ed Perlmutter (D-CO). The bill now has 55 cosponsors -- 36 Democrats and 19 Republicans. Click on the link for more bill information.

Asset Forfeiture

Senate Judiciary Committee Hearing on Civil Asset Forfeiture Reform Tomorrow. The committee will hear from an asset forfeiture abuse victim and an attorney for the Institute for Justice, which has been fighting to rein in such abuses, as well as a representative of the Fraternal Order of Police. Sen. Rand Paul (R-KY) will also address the panel.

Drug Testing

Indiana Welfare Drug Testing Bill Filed. Rep. Terry Goodin (D-Crothersville) today filed an amendment to Senate Bill 465 that would require welfare recipients to undergo screening for drug use and require those identified as high-risk to undergo drug testing.

Sentencing

House Version of Federal Sentencing Reform Bill Picks Up New Cosponsors. The House version of the Smarter Sentencing Act, HR 920, has picked up new cosponsors. The latest are Reps. Steve Cohen (D-TN) and Peter DeFazio (D-OR). The bill now has 26 cosponsors -- 20 Democrats and six Republicans. Click on the link for more bill information.

International

Ecuador Debates Bill That Would Regulate, Not Prohibit, Controlled Substances. Last Thursday, legislators in Quito began debating a new Organic Law on Comprehensive Drug Prevention. The bill, supported by the ruling PAIS Alliance, would "control" more than a hundred substances, including alcohol and tobacco and calls for a Technical Secretariat of Drugs to "regulate and control the activities related to the import, export, cultivation, production, marketing, distribution, transportation, and use" of those substances. Under current Ecuadorian law, cultivation or sale of banned substances garners prison sentences of 12 to 16 years; under the new law, that would be replaced by fines and seizures of the substances. Debate on the bill is expected to happen intermittently over the next few months.

Categories: Asset Forfeiture

Chronicle AM: Obama Talks Ganja in Jamaica, NM Ends Policing for Profit, More (4/10/15)

Fri, 04/10/2015 - 22:06

President Obama talks ganja in Jamaica, a federal banking official talks shop in Colorado, New Mexico takes a historic step to end civil asset forfeiture, and more.

[image:1 align:left]Marijuana Policy

Rastaman Queries Obama on Marijuana Policy. At a town hall event in Kingston, Jamaica, a dreadlocked Rastafarian asked President Obama about legalizing marijuana. "Give thanks! Yes greetings Mr. President," said the man, "Life and blessings on you and your family. My name is Miguel Williams but you can call I and I 'steppa'... That is quite sufficient, ya man." Williams then set out the case for legalization and asked if Obama would champion it. "How did I anticipate this question?" was Obama's joking response. "Well, there is the issue of legalization of marijuana and then there is the issue of decriminalizing or dealing with the incarceration in some cases devastation of communities as a consequence of nonviolent drug offenses," Obama said. "I am a very strong believer that the path that we have taken in the United States in the so-called 'war on drugs' has been so heavy in emphasizing incarceration that it has been counterproductive," he said to some applause. But he didn't address the question of whether the US should legalize, only whether it would. "I do not foresee, any time soon, Congress changing the law at a national basis," he said.

Federal Banking Official Meets With Colorado Pot Shops. Kansas City Federal Reserve President Esther George met with marijuana business owners in Denver Thursday to discuss vexing access to banking issues with proprietors. But she gave no indication that the industry is on the verge of gaining increased access to financial services. Click the link for more details.

Kansas Attorney General Asks State Supreme Court to Undo Wichita Decriminalization Vote. Attorney General Derek Schmidt has asked the high court to strike down the decriminalization ballot measure approved by Wichita voters on Tuesday. In a court filing Thursday, Schmidt argued that the ordinance would conflict with state law, that it would give unlawful direction to police and judges, and that the initiative was not properly filed because it did not contain a "be it ordained" clause required by state law.

Oregon Edibles Could Be Delayed. Oregon pot shops should be open by early next year, but don't expect to find any edibles in them, at least at first. The Oregon Liquor Control Commission has asked the legislature for the okay to delay licensing of edibles manufacturers, citing the complexities around the issue. Edibles may not be available until 2017.

Medical Marijuana

Colorado Bill to Let Parolees, Probationers Use Medical Marijuana Advances. The House Judiciary Committee unanimously approved a bill Thursday that would allow people on probation or parole use to medical marijuana. The change wouldn't apply, however, to people whose crimes were related to marijuana. The measure is House Bill 1267.

Los Angeles City Attorney Says 500 Unpermitted Dispensaries Shut Down. City Attorney Mike Feuer said Thursday that his office has closed down 500 unpermitted dispensaries since the city voted two years ago to cap their number at about 130. But he conceded that hundreds more still operate.

Asset Forfeiture

New Mexico Ends Civil Asset Forfeiture. In a historic move, New Mexico Gov. Susana Martinez (R) today signed into law a bill that will end civil asset forfeiture by law enforcement in the state, a practice widely known as "policing for profit." The measure is House Bill 560. Click on the title link for more details.

Law Enforcement

California Bill Would Allow Immigrant Drug Offenders to Get Treatment, Avoid Deportation. A bill proposed by Assemblywoman Susan Talamantes Eggman (D-Stockton) would let people charged with drug possession and other low-level drug offenses to opt for drug treatment ahead of taking a plea and see their charges dropped if they complete treatment. The bill is designed to block the deportation under federal law of long-time resident immigrants because they have a drug conviction. The bill is Assembly Bill 1351. It is currently before the Assembly Public Safety Committee.

Categories: Asset Forfeiture

New Mexico Ends Civil Asset Forfeiture

Fri, 04/10/2015 - 20:35

This article was written in collaboration with AlterNet and originally appeared here.

[image:1 align:right]In a historic move, New Mexico Gov. Susana Martinez (R) today signed into law a bill that will end civil asset forfeiture by law enforcement in the state, a practice widely known as "policing for profit." The measure is House Bill 560.

Under civil asset forfeiture, police and prosecutors can seize someone's property without ever charging them with a crime, let alone convicting them. Police can then funnel many of those assets, including cash seizures, back to their own departments, creating a vicious cycle of more profit-driven law enforcement providing more resources to law enforcement for more profit-driven law enforcement.

"This is a good day for the Bill of Rights," said ACLU-NM Executive Director Peter Simonson. "For years police could seize people's cash, cars, and houses without even accusing anyone of a crime. Today, we have ended this unfair practice in New Mexico and replaced it with a model that is just and constitutional."

The practice of asset forfeiture has been coming under increasing scrutiny and criticism in recent years as cases of abuse become more widely known. The Obama administration Justice Department has in the past few months taken steps to address asset forfeiture abuse at the federal level, and asset forfeiture reform bills have been introduced in a number of states this year. The governor of Wyoming vetoed one last month.

New Mexico is the first state where such a bill has passed, and it now has the strongest asset forfeiture protections in the county. The bill passed the legislature unanimously.

Under the new law, civil asset forfeiture will be replaced with criminal forfeiture, forcing authorities to actually convict someone of a crime before taking his property.

"With this law, New Mexico leads the nation in protecting the property rights of innocent Americans," said Paul Gessing, President of the Rio Grande Foundation. "Convicted criminals will still see the fruits of their crime confiscated by the state, but innocent New Mexicans can now rest easy knowing that their property will never be seized by police without proper due process."

"New Mexico has succeeded today in reigning in one of the worst excesses of the drug war," said Emily Kaltenbach, State Director for Drug Policy Alliance's New Mexico office. "Like other drug war programs, civil asset forfeiture is disproportionately used against poor people of color who cannot afford to hire lawyers to get their property back. This law is an important step towards repairing some of the damage the drug war has inflicted upon our society and system of justice."

Categories: Asset Forfeiture

Chronicle AM: Third MI Init, TX MJ Bill Hearings, Drug Czar Touts Needle Exchanges, More (4/9/15)

Thu, 04/09/2015 - 23:02

An Alaska marijuana regulation bill continues its slow advance, another Michigan legalization initiative effort emerges, Texas pot bills get a hearing, the DEA recommends tripling the federal research marijuana crop, and more.

[image:1 align:right caption:true]Marijuana Policy

Alaska Marijuana Regulation Bill Advances. The House Judiciary Committee Wednesday approved a bill to create a marijuana control board to govern the state's soon-to-be legal pot industry. The committee advanced the bill, House Bill 123, without adopting amendments that would have barred people with felony convictions within the past five years or misdemeanor drug convictions within the past three years from getting licenses. The bill now goes to the House Finance Committee.

Michigan Legalization Initiative Group Files Proposed Language. The Michigan Cannabis Coalition today submitted proposed language to state officials for review. The coalition is one of three groups considering a 2016 legalization initiative. If approved for signature-gathering, initiatives would have to come up with some 250,000 valid voter signatures within 180 days to qualify for the 2016 ballot.

Texas Marijuana Reform Bills Get Hearing. The House Criminal Jurisprudence Committee ran late into the night last night hearing impassioned testimony on a set of bills aimed at decriminalizing marijuana. The main bill is House Bill 507, by Rep. Joe Moody (D-El Paso), which would make possession of less than an ounce a civil infraction. Another bill, House Bill 325, from Rep. Gene Wu (D-Houston) would make possession of less than a third of an ounce a Class C misdemeanor, the least serious criminal offense. Yet another bill, House Bill 414, from Rep. Harold Dutton (D-Houston) would make possession of less than an ounce a Class C misdemeanor, while House Bill 1115, from Rep. Senfronia Thompson (D-Houston) would keep pot possession a misdemeanor, but would require police to cite and release anyone caught with less than four ounces. Finally, House Bill 2165, from Rep. David Simpson (R-Longview) would remove all marijuana prohibition laws from the books. No votes were taken.

Wichita Seeks Court Ruling on Legality of Local Decriminalization. The city has filed a petition for declaratory judgment in local district court asking the court to rule on the legality of enacting a decriminalization ordinance approved Tuesday by voters. State Attorney General Derek Schmidt said last month that the ordinance would have no effect, and he's also warned the city that he would be required to sue to enforce state law.

Medical Marijuana

DEA Recommends Government Triple Amount of Marijuana Grown for Research. The DEA recommended Wednesday that the government produce nearly 900 pounds of marijuana for research this year, more than three times the amount the agency had estimated it would need. The increase is because of "unanticipated medical, scientific, research, and industrial needs of the United States," the agency said in a notice published in the Federal Register.

Tennessee Medical Marijuana Bill Dead for This Year. Both the Senate Health and Welfare Committee and the House Health Committee voted to kill pending medical marijuana bills this week. Both committees, however, agreed to create summer study committees to look at the legislation.

Asset Forfeiture

Florida Senate Panel Takes Up Asset Forfeiture Bill. The Senate Appropriations Subcommittee on Criminal and Civil Justice today took up Senate Bill 1534, from Sen. Jeff Brandes (R-Tampa). The bill would limit law enforcement to using seized funds only to reimburse themselves for the cost of holding seized property, with the rest going into the Crimes Compensation Trust Fund.

Harm Reduction

Drug Czar Touts Needle Exchange Programs in Kentucky Visit. Director of the Office of National Drug Control (ONDCP -- the drug czar's office) Michael Botticelli touted needle exchange programs as a means of reducing the spread of infectious diseases and to steer drug users toward treatment in a visit to Kentucky Wednesday. He said the program also reduce the danger of law enforcement getting stuck with dirty needles. Kentucky lawmakers just passed an anti-heroin bill that will allow for needle exchanges, and a nearby Ohio county just started an emergency needle exchange to combat an HIV outbreak.

International

Chile Harvests First Medical Marijuana Crop. TV cameras were on hand in Santiago Wednesday as the country's first permitted medical marijuana crop was harvested. Chilean health officials last fall gave the okay. The therapeutic Daya Foundation will produce cannabis oils from the plants and provide them to 200 selected cancer patients.

Categories: Asset Forfeiture

Chronicle AM: DOJ Says It Can Still Prosecute Dispensaries, GA Forfeiture Bill Passes, More (4/2/15)

Thu, 04/02/2015 - 21:11

A Tennessee "decrim" bill moves, an Idaho CBD cannabis oil bill is back from the dead, a Georgia asset forfeiture reform bill passes, the Justice Department says it can still prosecute California dispensaries, and more.

[image:1 align:right]Marijuana Policy

Tennessee Bill to Lessen Marijuana Penalties Wins Committee Vote. A bill that would make possession of up to an ounce a misdemeanor punishable only by a $100 fine was approved by the House Criminal Justice Committee Wednesday. The bill, House Bill 873, now goes before the House Finance and Ways and Means Committee. Companion legislation, Senate Bill 1211, is set to be heard by the Senate Judiciary Committee next week. Under current law, possession of between a half-ounce and 10 pounds is a felony.

Medical Marijuana

Justice Department Says It Can Still Prosecute California Dispensaries. A Justice Department spokesman said Wednesday that the congressional ban on the agency interfering with medical marijuana in states where it is legal does not apply to California dispensary prosecutions. Patrick Rodenbush said the department does not believe the amendment to a spending bill applies to cases against individuals, but only stops Justice from "impeding the ability of states to carry out their medical marijuana laws."

Florida CBD Implementation Bill Faces More Challenges. A bill trying to get the state's CBD cannabis oil law, passed last year, actually implemented is now facing a new challenge: how to give black farmers a fair shot at growing the new crop. The existing law only allows farms that have been in existence for at least 30 years and that grow 400,000 plants or more to apply for one of five licenses to cultivate and distribute the crop. But hundreds of black farmers say they are being cut out of the deal because 30 years ago, they were still fighting with the US Department of Agriculture over discriminatory lending practices and weren't yet in business. The sponsor of both last year's successful bill and this year's implementation bill, Sen. Rob Bradley (R-Fleming Island), said he would attempt to address the issue. The bill is Senate Bill 7066.

Idaho CBD Cannabis Oil Bill is Back from the Dead. The bill, Senate Bill 1146, was killed on a tie vote in the House State Affairs Committee Monday, but the committee has agreed to reconsider it and was set to meet today for further discussion on it. If it passes the committee, it could go to a House floor vote tomorrow.

Prescription Opiates

FDA to Help Drug Makers Develop Abuse-Deterrent Opiates. "The science of abuse-deterrent medication is rapidly evolving, and the FDA is eager to engage with manufacturers to help make these medications available to patients who need them," Dr. Margaret A. Hamburg, the FDA's commissioner, said in a press release. "We feel this is a key part of combating opioid abuse. We have to work hard with industry to support the development of new formulations that are difficult to abuse but are effective and available when needed." The agency also issued a document called "Guidance for Industry: Abuse-Deterrent Opioids -- Evaluation and Labeling," outlining how future studies can decide whether a new drug has abuse-deterrent properties.

Asset Forfeiture

Georgia Asset Forfeiture Reform Bill Passes Senate. A bill that would standardize asset forfeiture procedures easily passed the Senate Tuesday. The bill is House Bill 233. It has already passed the House and now goes to the desk of Gov. Nathan Deal (R). The bill creates safeguards for owners of seized assets, requires regular accounting, and prohibits law enforcement agencies from using seized goods for anything other than law enforcement.

Categories: Asset Forfeiture

Chronicle AM: Holder Takes on Forfeiture Again, NY Medical Marijuana Final Rules, More (4/1/15)

Wed, 04/01/2015 - 20:42

It's mainly medical marijuana news today, but there's also another move on asset forfeiture from Attorney General Holder.

[image:1 align:left caption:true]Medical Marijuana

Florida CBD Medical Marijuana Bill Wins Committee Vote. The Senate Health Policy Committee approved a bill that would expand the list of qualifying conditions for the use of CBD cannabis oil, quadruple the number of dispensing organizations to 20, and establishe a time frame for issuing licenses.

Idaho CBD Cannabis Oil Bill Killed in Committee. The House State Affairs Committee listened to hours of tearful testimony from supporters of Senate Bill 1146, which would allow for the use of CBD cannabis oil to treat epileptic seizures in children, then voted to kill it Monday.

Missouri Medical Marijuana Bill Moves. The House Select Committee on General Laws has approved House Bill 800, which would allow for the use of medical marijuana for a handful of specified diseases. It would also allow for up to 30 dispensaries.

New York Issues Final Regulations for Medical Marijuana Program; Advocates Upset. The state has issued final regulations for the program, and they are very similar to the heavily-criticized draft regulations it started out with several months ago. The regs limit the number of dispensaries to 20 and don't add any new qualifying conditions. Assemblyman Richard Gottfried (D-Manhattan), the law's sponsor, said the final regs are needlessly restrictive and "gratuitously cruel."

Tennessee Medical Marijuana Bill Moves. The House Health Subcommittee unanimously approved Tuesday a medical marijuana bill sponsored by Rep. Ryan Williams (R-Cookville). The measure, which would not allow for the smoking of marijuana, now goes to the full House Health Committee.

Asset Forfeiture

Attorney General Holder Announces New Curbs on Civil Asset Forfeiture. Federal authorities will only seize bank accounts when serious illegalities have been documented, he said Tuesday. The guidance focuses on Justice Department and IRS agents who have made seizures related to "structuring," or intentionally limiting the size of deposits to avoid scrutiny. "With this new policy, the Department of Justice is taking action to ensure that we are allocating our resources to address the most serious offenses," Holder said in a statement. "Appropriate use of asset forfeiture law allows the Justice Department to safeguard the integrity, security and stability of our nation's financial system while protecting the civil liberties of all Americans."

Categories: Asset Forfeiture