Asset Forfeiture (STDW)
Chronicle AM: CA Polls 60% Support Legalization, Federal Forfeiture Reform Advances, More... (5/26/16)
It's looking good for California's marijuana legalization initiative, an Ohio medical marijuana bill heads for the governor's desk, a congressional committee approves federal asset forfeiture reform legislation, and more.
[image:1 align:left]Marijuana Policy
California Support for Legalization at 60%, New Poll Finds. Voters in the Golden State are poised to approve the Adult Use of Marijuana Act (AUMA) in November, according to a new poll from the Public Policy Institute of California. The poll had support for legalization at 55% among adults and an even higher 60% among likely voters. Support is up four points from the last PPIC poll in May. "Democrats (69%) and independents (65%) are much more likely than Republicans (45%) to say the use of marijuana should be legal. Two in three adults under age 35 favor legalization, while about half of older adults are in favor. Across racial/ethnic groups, strong majorities of blacks (78%) and whites (65%) favor legalization, while fewer Asians (50%) and Latinos (40%) do so. An overwhelming majority of those who say they have tried marijuana favor legalization (78%), while a solid majority of those who have never tried it are opposed (63%)."
West Virginia Decriminalization Bill Filed. Delegate Mike Pushkin (D-Kanawha) Tuesday filed House Bill 114, which would decriminalize the possession of up to 30 grams of marijuana and the growing up of to six plants. The bill includes language about protecting medical marijuana patients, but does not contain language limiting possession and cultivation prerogatives to patients.
Ohio Medical Marijuana Bill Awaits Governor's Signature.Both houses of the legislature gave final approval to the measure, House Bill 523, Wednesday. The bill barely cleared the Senate on an 18-15 vote and won final approval from the House on a 67-28 vote. Gov. John Kasich (R) has said he will review the bill when it gets to his desk.
House Judiciary Committee Approves Asset Forfeiture Reform Bill. The committee unanimously approved asset forfeiture reform legislation. Known as the DUE PROCESS Act (H.R. 5283) and sponsored by Crime Subcommittee Chairman Rep. F. James Sensenbrenner (R-WI), House Judiciary Committee Chairman Bob Goodlatte (R-VA), Ranking Member John Conyers (D-MI), Crime Subcommittee Ranking Member Sheila Jackson Lee (D-TX), Representative Tim Walberg (R-MI), Representative Peter Roskam (R-IL) and others, the bill makes important procedural reforms that will help give property owners fighting a federal civil asset forfeiture action greater leverage to contest a government seizure and increases the federal government's burden of proof in civil forfeiture proceedings. The DUE PROCESS Act, however, currently does not address the "policing for profit" incentive issue.
Chronicle AM: MD Gov Signs Forfeiture Bill, AZ Legalization Foes Get Alcohol Money, More... (5/20/16)
Maryland's Republican governor reverses course and signs an asset forfeiture bill, Arizona pot legalization opponents are getting significant alcohol industry funding, Michigan legalizers fight to keep an open time frame for signature gathering, and more.
[image:1 align:left caption:true]Marijuana Policy
Big Booze Donates Big Time to Campaign Against Arizona Legalization Initiative. Arizonans for Responsible Drug Policy (ARDP), the group leading the opposition to the state's legalization initiative, has received a $10,000 donation from the Arizona Wine and Spirits Wholesale Association (AWSWA) last month, according to campaign finance records. ARDP says it opposes legalization because of concern for children's safety, but hasn't yet said how taking money from the alcohol industry gibes with said concern.
Michigan Legalizers Urge Veto of Bill Limiting Signature Gathering Time Frame. The group working to get a legalization initiative before the voters in November is urging Gov. Rick Snyder (R) to veto a bill that would create a solid 180-day limit for signature gathering. The bill passed the House Wednesday. It's an issue for the legalization campaign because it wants to be able to count some signatures gathered early in its effort, even though they are now more than 180 days old. Under current law, those signatures can still be validated, albeit through a laborious process.
Maryland Governor Signs Asset Forfeiture Reform Bill. Gov. Larry Hogan (R) Thursday signed into law House Bill 336, which restricts, but does not abolish, civil asset forfeiture. It's something of a reversal for Hogan, who vetoed similar legislation last year.
Bulgaria Lawmakers Reject Medical Marijuana. The National Assembly Thursday voted down a measure that would have allowed the use of marijuana, hashish, cannabis oil, and opium and poppy straw for medical purposes.
Marijuana activists prepare to march on the White House, Congress moves on medical marijuana for veterans, Bernie Sanders endorses California's AUMA legalization initiative, and more.
[image:1 align:right caption:true]Marijuana Policy
Marijuana Legalizers, Veterans to Protest at White House Friday. A demonstration headed by the DC Cannabis Campaign and Weed for Warriors is set for the White House Friday after the Obama administration failed to respond to the groups' requests for "higher level consultations" following an initial meeting with White House staffers last month. Organizers are saying the event won't be a smoke-in, but it will come close. "This will be an unpermitted event with mass cannabis consumption and escalated civil disobedience," demonstration promotional materials say.
Bernie Sanders Endorses California's Legalization Initiative. Democratic presidential contender Sen. Bernie Sanders endorsed the Adult Use of Marijuana Act (AUMA) legalization initiative at a rally in Vallejo Wednesday. "I do not live in California," the Vermont senator told supporters. "But if I lived in California, I would vote 'yes' to legalize marijuana." Sanders has previously supported legalization in general, but hadn't taken a stand on the AUMA.
Illinois House Passes Decriminalization Bill. The House voted Wednesday to approve Senate Bill 2228, which would decriminalize the possession of up to 10 grams of marijuana. Offenders would be hit with fines of between $100 and $200. Currently, possession is a misdemeanor punishable by up to six months in jail.
Congress Moves to Allow VA Physicians to Recommend Medical Marijuana to Veterans. The House and Senate on Thursday approved amendments to the Military Construction and Veterans Affairs appropriations bill that should ease access to medical marijuana for veterans suffering from Post-Traumatic Stress Disorder (PTSD), serious wounds, and other debilitating conditions. The measure would bar the spending of federal funds to enforce a Veterans Health Administration policy that prohibits VA physicians from recommending medical marijuana, even in states where it is legal. Once the measure becomes law, VA docs would no longer face penalties for discussing medical marijuana with patients or for providing recommendations for patients to participate in state-legal medical marijuana programs.The House and Senate versions of the appropriations bill have to be reconciled by a conference committee and passed again by both chambers. The medical marijuana amendments passed 233-189 in the House and 89-8 in the Senate.
Louisiana Governor Signs CBD Cannabis Oil Bill. Gov. John Bel Edwards (D) Wednesday signed into law Senate Bill 271, which expands the state's existing cannabis oil program and expands the number of qualifying conditions. The bill also includes provisions for manufacturing cannabis oil in the state. Under the old law, there was no legal means of obtaining cannabis oil in Louisiana.
DEA Raids Montana's Largest Dispensary. The DEA, assisted by local law enforcement, has raided Montana Buds, the state's largest dispensary. Witnesses reported agents removing items from the dispensary. One woman was seen sitting hand-cuffed in front of the building. Agents had no comment other than to say that "this is now a federal investigation." The state Supreme Court ruled in February that dispensaries were illegal, but that ruling doesn't take effect until August. Earlier this week, state medical marijuana interests asked the US Supreme Court to overturn the state Supreme Court ruling.
Federal Bill to Reform Civil Asset Forfeiture Introduced. A bipartisan group of legislators Thursday introduced the Due Process Act, which would require that authorities in civil asset forfeiture cases prove there was "a substantial connection" between the property being seized and any criminal activity. Under current federal law, the burden of proof is on the owners of asset to show they are not derived from crime. The bill has not yet been assigned a number.
DC Expands Opioid Overdose Reversal Drug Access. The DC Department of Health has launched a pilot program to expand access to naloxone (Narcan), the overdose reversal drug. Previously, the drug had only been available at a single location in the city, but under the new plan, the drug will be available at two more locations, and harm reductionists will be handing them out at various other locations.
(This article was prepared by StoptheDrugWar.org's lobbying arm, the 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.)
Chronicle AM: Shocking Forfeiture Poll, Oakland Racial Balance in MJ Industry Bill, More... (5/18/16)
Organized opposition is trying to emerge in California, legalization in Oregon is creating jobs and payrolls, Oakland attempts to redress racial imbalance in the legal marijuana business but catches some flak, and more.
[image:1 align:left caption:true]Marijuana Policy
California Dems Tied to Law Enforcement Oppose Legalization Initiative. A pair of state Democratic lawmakers with "deep law enforcement ties" have come out in opposition to the Adult Use of Marijuana Act (AUMA) legalization initiative. Assemblyman Jim Cooper (D-Elk Grove), a former Sacramento County sheriff's official who regularly warns against drug liberalization, and Sen. Cathleen Gagliani (D-Stockton), "the Democratic senator most aligned with law enforcement," have joined with Republican colleagues to oppose the measure. The initiative is favored by many Democratic elected officials, including Lt. Gov. Gavin Newsom.
Oregon Legalization Creates Jobs, Payrolls. Retail cannabis employees will be paid nearly $46 million this year, and that number is set to increase in the future, according to a new report from local marijuana industry consulting firms. Legalization has also created at least 2,165 jobs, with more to come, the report said.
Oakland Passes Marijuana Ordinance Designed to Encourage Minority Participation. The city council Tuesday unanimously approved a medical marijuana ordinance with an "equity program" that would reserve half of the city's new cannabis permits for people who live in a designated high-crime police beat in East Oakland or were imprisoned for marijuana-related crimes in Oakland in the past 10 years. But the plan is coming under fire from industry leaders who say it may actually be counterproductive to encouraging minority participation and could undercut a pot economy expected to boom if and when the state legalizes marijuana.
Heroin and Prescription Opioids
New York State Senate Releases Heroin Report. The GOP-dominated body has released a report on heroin and prescription pain pill use that recommends 48 changes to state law and policy, including increased penalties for the sale and possession of opioids. The report also calls for increased prevention, treatment, and harm reduction measures. The report includes a package of bills that were expected to be passed Tuesday night. Stay tuned.
Southern California Poll Finds 10% Report Having Cash or Property Seized Without a Conviction. The survey, conducted by Public Policy Polling, looked at Los Angeles, Riverside, and San Bernardino counties, and also found that 19%o of respondents said they knew someone who had experienced the same. The poll, sponsored by the Drug Policy Alliance, comes as a push is underway to get a civil asset forfeiture reform bill, Senate Bill 443, through the Assembly. The bill passed the Senate last year, but was blocked in the Assembly by law enforcement lobbying. It is still alive, though, and hopes are that it can get through the Assembly this year.
Lots of Maine news today, Alaska could see "pot cafes," a New Hampshire asset forfeiture bill gets gutted under police pressure, and more.
[image:1 align:right caption:true]Marijuana Policy
Alaska Marijuana Draft Regulations Include Pot Cafes. Alaska could become the first legalization state to actually allow social marijuana smoking in designated businesses. The state's Marijuana Control Board has crafted draft regs that would allow users to toke up inside retail stores. The draft regs are now awaiting public comment. While "public" marijuana use is banned, the regs create an exemption for retail stores to seek an "onsite consumption endorsement" to their licenses. Stores with that endorsement could then set aside an area for people to consume marijuana.
California GOP Opposes AUMA Legalization Initiative. The state Republican Party voted at its convention over the weekend to oppose the Adult Use of Marijuana Act (AUMA) marijuana legalization initiative. "We must not turn this plague loose on our children and the people of California," said Sen. Jim Nielsen (R-Gerber, who also called marijuana an "entry-level" drug that leads to addiction. California Democrats have endorsed the initiative.
It's Official: Maine Will Vote on Legalization in November The final obstacle to a popular vote was removed last Friday, when state legislators punted on their chance to act on the citizen legalization initiative, opting instead to send the question to the voters instead. Earlier, the Campaign to Regulate Marijuana Like Alcohol, which organized the state's legalization initiative had to go to the courts to force recalcitrant state officials to properly count all the signatures, and they did so.
Vermont House Takes Up Marijuana Legalization Today. The House is considering legalization today, albeit in a roundabout fashion. One House committee rejected the legalization measure, Senate Bill 241, while another amended it to legalize possession and personal cultivation, but not regulated, legal marijuana commerce. The Senate responded by pasting SB 241 into another bill, House Bill 858, which the House is considering today. Stay tuned!
Alabama Passes CBD Medical Marijuana Bill. Both houses of the legislature have now approved "Leni's Law," which would allow people with seizure disorders or other debilitating medical conditions to use CBD cannabis oil to treat their ailments. Gov. Robert Bentley (R) is expected to sign the bill into law.
Connecticut Medical Marijuana Expansion Bill Passes Legislature. A bill that would allow children with certain debilitating medical conditions to use medical marijuana has passed out of the legislature after a final Senate vote last Friday. Gov. Dannel Malloy (D) is expected to sign House Bill 5450 into law.
New Hampshire's First Dispensary Opens. The Sanctuary Alternative Treatment Center opened in Plymouth last Saturday. It's the first dispensary in the state to open for business. It only took nearly three years after the state's medical marijuana law was approved for this to happen.
New Hampshire Asset Forfeiture Bill Scaled Back Under Police Pressure. The state Senate last Thursday stripped a provision from an asset forfeiture reform bill that would have directed funds seized by police to the state's general fund rather than to the agency that seized them. The move came after police chiefs said not letting them keep the goodies would "handcuff" them.
Oklahoma Governor Signs Asset Forfeiture Reform Bill. Gov. Mary Fallin (R) last Thursday signed into law a bill that will allow people whose property is subject to asset forfeiture to recover attorney fees when they challenge the seizures. The new law goes into effect November 1.
Maine Decriminalizes Drug Possession, Moves to Adopt Pre-Arrest Diversion Program. Last Thursday, a bill that would make simple drug possession a misdemeanor instead of a felony passed into law without the signature of Tea Party Gov. Paul LePage. The bill, LD 1554, decriminalizes the possession of up to 200 milligrams of heroin. Earlier this month, the legislature also approved a bill that would fund Law Enforcement Assisted Diversion (LEAD) programs, which have proven successful in Seattle and other cities.
Maine Legislature Overrides Governor's Veto of Overdose Reversal Drug Bill. The legislature voted last Friday to override gubernatorial vetoes of LD 1457 and LD 1552, which would allow access to naloxone without a prescription and provide public funding for needle exchange, respectively. Gov. Paul Le Page had claimed "naloxone does not save lives, it merely extends them until the next overdose" and complained that the $70 cost would not be repaid.
Canada Supreme Court Throws Out Mandatory Minimums for Drug Traffickers. In a decision last Friday, the high court ruled mandatory minimums for repeat drug offenders are unconstitutional. The case is R. v. Lloyd.
Chronicle AM: NE Ends Civil Asset Forfeiture, New England Pot Politics, Mexico Marijuana Reforms, More... 4/25/16
Marijuana policy is keeping state houses busy in New England, Nebraska becomes the 10th state to end civil asset forfeiture, Maine's Tea Party governor vetoes a Naloxone bill, Mexico's president expands marijuana reforms, and more.
[image:1 align:right]Marijuana Policy
DC Marijuana Activists Meet Today With White House. Two members of the DC Cannabis Campaign (DCMJ) were set to meet with Obama administration officials at the White House today. DCMJ head Adam Eidinger said he had been requesting a "Bud Summit" with Obama's leading drug advisors for years, but had no response until his group demonstrated in front of the White House on April 2. "This is an opportunity for the White House to meet with serious and committed cannabis activists and hear our case for why it's in President Obama's best interest to work with the attorney general to fully remove cannabis from the Controlled Substances Act," DCMJ co-founder Nikolas Schiller said in a statement.
Connecticut Legalization Bill Dies. There will be no marijuana legalization in Connecticut this year. Rep. Juan Candelaria (D-New Haven), sponsor of the legalization bill, withdrew it last Wednesday after first attempting to add it as an amendment to a related bill. The bill had been declared dead earlier in the session, and Candelaria's move last week was a last ditch effort to keep it alive.
Illinois Decriminalization Bill Advances. A bill that would decriminalize the possession of up to 10 grams of marijuana was approved by the Senate last week. A similar measure was approved by the legislature last year, only to be vetoed by Gov. Bruce Rauner (R). This year's bill lowers the decrim limit from 15 grams to 10 grams, making it a bit more palatable to the governor. A spokesman for Rauner said he was "encouraged" that legislators heard his concerns and would be monitoring the bill's progress. The bill now goes to the House.
New Hampshire Decriminalization Bill Dies. The Senate voted last week to kill House Bill 1631, which would have decriminalized the possession of up to half an ounce of marijuana. This is the seventh time the House has approved decriminalization, only to see it shot down by the Senate. New Hampshire is the only state in New England that has not decriminalized small time pot possession. This year, the legislation ran up against concern over heroin and prescription opioid abuse. "We are in a war, and the last thing we need is to tell our citizens it is OK to use a little marijuana or any other illegal substance," said Sen. Gary Daniels (R-Milford).
Rhode Island Poll Has Support for Legalization at 55%. A new Brown University Taubman Center for American Politics and Policy poll has two-thirds (67%) supporting medical marijuana and a solid majority (55%) in favor of marijuana legalization. This as a legalization bill has been stalled this year. "I know public officials are being very thoughtful and careful on this issue," pollster James Morone said. "But it's hard to see in the long run how legalization won't happen because there is so much strong support among young people. But I would emphasize 'in the long run.' I think anytime you have voters under 44 years old supporting something by 72 percent, it's just a question of time," he added. "Like same-sex marriage around the country, it's being driven by the demographics around the country. It's the exact same dynamic."
Vermont Legalization Bill Amended. The state's legalization bill, Senate Bill 241, faces an uncertain fate after the House Ways and Means Committee approved it, but only after amending it to allow residents to grow and possess small amounts of pot, but not to allow regulated sales. Another House committee had rejected legalization, and a third House committee now has it under consideration. If the House manages to pass some version of the bill, it will have to be reconciled with the version passed earlier by the Senate.
Senate Appropriations Committee Votes to Prevent DEA from Undermining State Medical Marijuana Laws. The committee voted last week 21-8 to approve an amendment offered by Senator Mikulski (D-MD) to protect state medical marijuana laws from federal interference by the Department of Justice and Drug Enforcement Administration. After decades of inactivity on marijuana reform, Congress has moved at lightning pace to advance marijuana reform in recent years. Last week the Senate Appropriations Committee voted to allow Veterans Administration doctors to recommend marijuana. The Committee approved similar amendments last year as well as an amendment to allow state-legalized marijuana businesses to access banks and other financial services. The Mikulski amendment is expected to pass the full Senate as well as the House. Similar amendments were passed by Congress last year and the year before.
DEA Approves Colorado-Funded Study on Marijuana and PTSD. The DEA gave the go-ahead for the ground-breaking study last week. It's the first time the agency has given permission to use raw marijuana in a controlled clinical trial for PTSD. Enrollment in the study could begin as early as next month. The study is one of nine funded by historic grants from the Colorado Health Department, which are in turn funded by medical and legal marijuana fees and tax revenues.
Connecticut House Approves Medical Marijuana for Kids. The House voted overwhelmingly last week to expand the state's four-year-old medical marijuana program to include children. The bill also includes a provision to create a Board of Physicians to review requests for new ailments to be added the list of qualifying conditions, which currently lists 17 diseases or syndromes. The bill now goes to the state Senate.
Nebraska Latest State to Institute to Abolish Civil Asset Forfeiture. Last week, Gov. Pete Ricketts (R) signed into law LB 1106, which eliminates civil forfeiture in the Cornhusker State. The bill had passed the legislature a week earlier on a vote of 38-6. Nebraska becomes the 10th state to eliminate civil asset forfeiture. Now, if Nebraska cops want to seize cash and property, they must first obtain a criminal conviction. The bill also imposes some limits on state law enforcement participation in the federal "equitable sharing" program, under which police can end run state laws directing where seized assets go by turning the busts over to the feds, who in turn give back 80% of the value of seized goods to the arresting agency.
Maine Governor Vetoes Bill Seeking to Increase Access to Life-saving Overdose Antidote Naloxone. Gov. Paul LePage last week vetoed the bill last week, arguing that "naloxone does not truly save lives; it merely extends them until the next overdose." Every state in the nation, with the exception of five, have either passed or are in the process of passing naloxone access legislation, and thirty states currently allow for sales of the overdose antidote without a prescription. The bill, LD 1547, could still be revived, though. On Friday, the legislature will take up all bills vetoed by Le Page, including LD 1547. Two-thirds votes in both the House and the Senate would be needed to override the veto.
Mexican President to Push Broader Marijuana Decriminalization, Medical Marijuana. President Enrique Pena Nieto used his speech before the UN General Assembly Special Session (UNGASS) on Drugs last week to call for decriminalizing up to an ounce of marijuana and legalizing the medicinal use of the plant. Currently, only up to five grams is decriminalized. "We Mexicans know all too well the range and the defects of prohibitionist and punitive policies, and of the so-called war on drugs that has prevailed for 40 years," Pena Nieto said. "Our country has suffered, as few have, the ill effects of organized crime tied to drug trafficking. Fortunately, a new consensus is gradually emerging worldwide in favor of reforming drug policies," he said. "A growing number of countries are strenuously combating criminals, but instead of criminalizing consumers, they offer them alternatives and opportunities."
Chronicle AM: GOP Govs Seek Fed Permission to Drug Test Food Stamp Recipients, MedMJ Moves, More... (4/14/16)
Republican governors seek federal permission to drug test food stamp recipients, a Tennessee marijuana reform bill dies, a pair of New York medical marijuana improvement bills advance, so does the long-awaited Pennsylvania medical marijuana bill, and more.
[image:1 align:right caption:true]Marijuana Policy
Tennessee Decriminalization Referendum Bill Dies. A bill that would have let state voters weigh-in on whether the state should decriminalize pot possession is dead. The bill, which would have authorized a non-binding referendum, was killed in the Senate Judiciary Committee Tuesday.
New York Medical Marijuana Fix Bills Advance. The Assembly Health Committee Monday approved two bills aimed at improving the state's medical marijuana system. The bills, authored by Assemblyman Dick Gottfried (D-Manhattan), chair of the committee and one of the architects of the state's medical marijuana law, would double the number of companies allowed to grow and distribute medical marijuana from four to eight and would end the requirement that they be vertically integrated. The bills now head for an Assembly floor vote.
Ohio Legislature Crafts Medical Marijuana Plan. Faced with two separate medical marijuana initiative campaigns, legislators are working to craft their own medical marijuana proposal. The bill, which is set to be announced this week, would create a medical marijuana commission to create rules within a year to regulate medical marijuana in the state. Patients with a doctor's recommendation could access raw marijuana, edibles, patches, and oils, but would not be allowed to grow their own.
Pennsylvania Senate Passes Medical Marijuana Bill. For the second time in less than a year, the Senate has approved Senate Bill 3, which would create a medical marijuana system in the state. The House sat on the bill for months after original Senate passage, then approved an amended version of the bill. The Senate then passed that bill, but only after amending the amendments to bring it make closer to the version originally passed by the Senate. Now, it's up to the House to agree to those changes and send the bill to Gov. Tom Wolf (D).
Utah Patient Advocates Give Up on 2016 Initiative. A group calling itself Truce that had called for a medical marijuana initiative this year after the legislature killed medical marijuana bills earlier this year has given up on 2016. The group says it would have had an extremely difficult time of gathering the 102,000 valid voter signatures required to get on the ballot. The group says it is now concentrating on getting a good bill through the legislature next year.
Poll: Nearly Nine Out of 10 Mississippians Want to End Civil Asset Forfeiture. A poll from the Mississippi Center for Public Policy has 88% opposed to allowing police to seize and permanently forfeit property taken from people not convicted of a crime. The poll comes as House Bill 1410, which would have increased asset forfeiture transparency, was passed by the House, but gutted by the Senate, which turned it into a study bill. The House is asking for a conference committee to hash out the differences.
A Dozen GOP Governors Ask Congress to Let Them Drug Test Food Stamp Recipients. The governors have sent a letter to Rep. Robert Aderholt (R-AL), head of the House Agriculture Committee , which administers the Supplemental Nutrition Assistance Program (SNAP—food stamps), urging him to change federal law to allow states to test program recipients. In a statement accompanying the governors' letter, Wisconsin Gov. Scott Walker characterized the drug testing proposal as a "common-sense reform" that will make it easier "for recipients with substance abuse to move from government dependence to true independence," but in the states that have actually done welfare drug testing, less than 1% of recipients have tested positive for drugs.
Poll: Iceland Far From Supporting Marijuana Legalization. Fewer than 25% of Icelanders support legalizing marijuana, according to a new MMR poll. Some 76.8% said they opposed legalization. The good news is that opposition figure is declining; five years ago, 87.3% were opposed. Older age groups were the least likely to support legalization, while young people were most likely to.
A Vermont House committee has changed the tax and regulate marijuana legalization bill into a two-plant cultivation decriminalization bill, medical marijuana bills get snuffed in Nebraska and South Carolina, interest in asset forfeiture reform continues, and more.
[image:1 align:right]Marijuana Policy
DEA to Review Marijuana Classification. The DEA will decide whether to reclassify marijuana "in the first half of 2016," the agency said in a letter to US senators. The agency was responding to a 2015 letter from Sen. Elizabeth Warren (D-MA) and seven other Democratic senators, who urged the federal government to make it easier to study marijuana 's medical benefits. Marijuana is currently placed in Schedule I, along with heroin and LSD, as a drug with a high abuse potential and no medical uses.
California Report Calls for Strict Rules on Growers, Drivers. The Public Policy Institute of California has released a report calling for tight regulatory oversight of legal marijuana cultivation, sales, and distribution as well as highlighting the need to ensure that drivers are not impaired. "California should err on the side of more restrictive regulation," said report co-author Patrick Murphy. But California NORML disagrees, saying that "restrictive regulations will only divert business to California's robust unregulated gray market."
Maine Court Rules in Favor of Legalization Initiative on Signatures Issue. A Kennebec County Superior Court judge ruled Friday that the state may have improperly invalidated thousands of petition signatures because it rejected petitions without actually reviewing all of them. The secretary of state's office must now review all the disputed petitions and place the measure on the November ballot if it finds enough signatures were gathered. The state had invalidated more than 17,000 voter signatures because it said the notary's signatures on the petitions didn't match the signature it had on file. That was enough to disqualify the initiative.
Vermont House Committee Changes Legalization Bill to Cultivation Decrim Bill. The House Judiciary Committee Wednesday dramatically rewrote Senate Bill 241, turning the tax and regulate legalization bill into one that would only decriminalize the cultivation of up to two marijuana plants. Committee Chair Rep. Maxine Grad (D-Moretown) said it became clear that she didn't have the votes to pass the Senate version. If the new House version passes, it would have to be reconciled with the Senate version. The Senate legalization bill had no provision for home cultivation.
Nebraska Medical Marijuana Bill Killed. The bill, LB 643, failed Tuesday night when it was filibustered on the second round of consideration and sponsor Sen. Tommy Garrett (D-Bellevue) fell three votes short of ending the filibuster.
South Carolina Senate Committee Kills Medical Marijuana Bill. The Senate Medical Affairs Committee voted 7-4 Thursday to kill Senate Bill 672, the Medical Marijuana Program Act. "This is a bad idea. It's a pathway to recreational usage," said Sen. Mike Fair (R-Greenville).
Alaska House Committee Rewrites Asset Forfeiture Bill. The House Judiciary Committee has approved a stripped-down civil asset forfeiture bill. The originally broad-ranging bill has now been reduced to only abolishing non-criminal forfeitures, and now heads to the House Finance Committee. The Judiciary Committee said it will work on a broader reform bill for the next session, but wanted to get something passed this year.
Delaware Bill to End Civil Asset Forfeiture Filed. A bipartisan group of legislators Wednesday filed a bill to end civil asset forfeiture in the state. "In America, the government should not be able to take your property unless they can prove you did something wrong," Sen. Colin Bonini, (R-Dover) said at a news conference.
Nebraska Asset Forfeiture Bill Stays Alive. A bill to restrict property seizures from people not convicted of a crime has won second-round approval after lawmakers amended it to address law enforcement concerns. The amendments will allow state law enforcement agencies to continue to participate in the Justice Department's Equitable Sharing program, which allows local police to end-run state laws that direct seized funds into the general fund or other specified funds. Under the federal program, the feds keep 20% and the local agency gets 80%. The bill is LB 1106.
An Oklahoma sheriff and his deputy went a bit too far with asset forfeiture efforts, a Louisiana sheriff and his narcs went a bit too far in mistreating prisoners, and more. Let's get to it:
[image:1 align:left]In Abingdon, Virginia, a Washington County jail guard was arrested March 22 on charges he was smuggling drugs into the jail. Guard Justin Andrew Brown, 22, went down after officials were tipped that a guard was smuggling contraband. Brown now faces charges of intent to distribute an imitation controlled substance, conspiracy to distribute a Schedule II drugs, and attempt to deliver drugs to a jail. He was jailed at the same place he worked until he made bail days later.
In Berkeley Township, New Jersey, an Ocean County juvenile justice officer was arrested last Tuesday as she allegedly prepared to make a heroin sale in parking lot near an elementary school. Erica Kotelnicki, 35, is charged with heroin distribution. A search of her home yielded more heroin, cocaine, scales, and cash. She has been suspended without pay.
In Columbus, Indiana, a former Columbus police narcotics supervisor was arrested last Wednesday on charges he stole drugs from the evidence room. Jeremy Coomes, 38, supervised the Columbus Police Narcotics Unit until October 2015, when an audit turned up various discrepancies, including missing drugs. An Indiana State Police investigation pointed to Coomes, who they said took drugs and sometimes replaced them with different items. He faces a number of charges, including possession of methamphetamine, possession of cocaine, theft, and official misconduct.
In Wagoner, Oklahoma, the Wagoner County sheriff and a deputy were arrested last Thursday over their efforts to use civil asset forfeiture to take $10,000 from a motorist. Sheriff Bob Colbert and Deputy Jeffrey Gragg claimed they were going by the book in seizing what they claimed were drug proceeds, but a grand jury disagreed, indicting them on conspiracy, bribery, and extortion charges. Colbert and Gragg pulled over a driver and his passenger, then arrested them for "possession of drug proceeds" when they declared they owned the cash. The driver then asked what he could do to stay out of jail and Gragg told him that the only way he was "going to go home was to disclaim his ownership in the $10,000." The sheriff and his deputy then released the pair and deleted records of their arrests. The money was placed in the sheriff's asset forfeiture fund.
In Edcouch, Texas, a former Edcouch police officer was arrested last Friday on charges he took cocaine from a March 2013 drug seizure. Vicente Salinas allegedly switched out four of 15 bundles of cocaine that had been turned over to the Hidalgo County Task force. No word on what the official charges are.
In New Orleans, a ninth Iberia Parish sheriff's deputy pleaded guilty last Thursday in a growing investigation into the sheriff's office. Deputy Jeremy Hatley pleaded guilty to deprivation of rights and making false statements in a case that centers around the repeated beating of inmates by deputies, including six former department narcotics agents. The deputies who copped pleas are expected to testify against Iberia Parish Sheriff Louis Ackal and Lt. Gerald Savoy, who had initial court appearances last week.
In Leesburg, Virginia,a former Loudon County sheriff's deputy was found guilty last Thursday of stealing $229,000 from the department's asset forfeiture program. Frank Pearson, 45, was found to have been sticking his hand in the cookie jar for more than a decade, even though he bizarrely claimed to have no memory of doing so. He's looking at up to 10 years in prison.
In Miami, a former Miami Police officer was sentenced last Friday to nearly four years in state prison for taking money for offering protection during drug deals. Jose Maldonaldo Dick, a seven-year veteran of the force, had been charged with two counts of armed cocaine trafficking, which is punishable by up to life in prison, but copped to a single count of providing protection for a drug dealer and being paid to do so. Dick has already spent 18 months behind bars awaiting trial.