Chronicle AM: Delaware Decriminalizes, Supremes Make Synthetic Convictions More Difficult, More (6/19/05)
The marijuana reform bandwagon rolls through Delaware, federal bills on opiates and racial profiling get filed, the Supreme Court issues an interesting decision on synthetic drug sales, and more.
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Delaware Decriminalizes Marijuana Possession. With the signature of Gov. Jack Markell (D) Thursday night on House Bill 39, Delaware becomes the 20th state to either decriminalize the possession of small amounts of marijuana or make it legal for adults. The new law, which goes into effect in six months, removes the criminal penalties for the possession of up to an ounce by an adult, replacing them with a civil infraction punishable by a maximum $100 fine. For those between 18 and 21, a first offense would be a civil infraction, while any more would be misdemeanors. For people under 18, possession would remain a misdemeanor. Public use would be a misdemeanor punishable by a $200 fine and up to five days in jail. That includes moving vehicles, public areas, and outdoors on private property within 10 feet of street, sidewalk, or any other areas generally accessible to the public.
Missouri Cannabis Conference Next Weekend. Missouri advocacy groups Show Me Cannabis and Missouri NORML are holding a joint conference beginning next Friday in Kansas City. Click on the title link for all the details.
Heroin and Opiates
Federal Bill to Deal With Opiate Use Filed. A bipartisan group of six House members Thursday filed HR 2805 as a multi-pronged effort to grapple with opiate and heroin use. Several other bills on the topic have already been filed. This one would increase prescription monitoring requirements, create an inter-agency task to develop best practices for pain management, create a grant program to increase the number of first responders carrying the opiate overdose reversal drug naloxone, and direct the drug czar's office to establish a public awareness program.
New Synthetic Drugs
Supreme Court Rules People Can't Be Convicted for Selling Synthetic Drugs If It's Not Clear They're Illegal. A unanimous US Supreme Court ruled Thursday that people cannot be convicted for selling synthetic drugs unless prosecutors prove they knew the drugs were prohibited by law. Stephen McFadden had been convicted of violating the Controlled Substance Analog Enforcement Act for selling "bath salts," and a federal appeals court ruled that trial court jury instructions saying he could be convicted if the jury found he intended the drugs for human consumption. But the Supreme Court disagreed, saying prosecutors must prove the defendant knew the substance was either a controlled substance or an analog. The case is McFadden v. United States.
Federal Racial Profiling Bill Introduced. Sen. Ben Cardin (D-MD) Thursday filed S 1610, which would eliminate racial profiling by police officers and promote accountability for state and local law enforcement. The bill also has provisions to eliminate sentencing disparities and promote reentry programs. It has not yet been assigned to a committee.
Marijuana's going to be legal in Oregon next month, and a new website will help explain things, the focus is on Gov. Cuomo now that an emergency access medical marijuana has passed the New York legislature, Vermont's top jailer comes out for decriminalization of drugs, and more.
[image:1 align:right caption:true]Marijuana Policy
With Legalization Looming, Oregon Regulators Launch Informational Website. The Oregon Liquor Control Commission has launched an educational website laying out what is and isn't allowed under the state's marijuana legalization law, which is set to go into effect July 1. Check it out at the link.
New York Early Access Medical Marijuana Bill Heads to Governor's Desk. A bill that would allow early access to medical marijuana passed the Senate Monday night after already being approved in the Assembly. The move comes as a year has gone by since Gov. Andrew Cuomo (D) signed the Compassionate Use Act into law, but not one patient has yet to be able to legally obtain any. This bill would provide expedited access to seriously ill patients.
Kentucky Legislators Ponder How to Spend $10 Million to Fight Heroin. Recently passed legislation allocated $10 million to fight heroin, and now legislators are trying to figure out where to put that money. Justice Secretary Michael Brown recommended spending it on jail treatment programs, mental health centers, transitional care for pregnant drug-using women, and faster prosecutions against heroin dealers. It will be up to the legislature to agree or not.
Vermont Corrections Commissioner Calls for Drug Decriminalization. Vermont Department of Corrections Commissioner Andy Pallito has said that drug possession should be decriminalized and the war on drugs declared a failure. "Possession of drugs for personal utilization -- if somebody is not hurting anyone [else], that should not be a criminal justice matter," Pallito said. "I don't think anybody can say that putting somebody with an addiction problem through the corrections system is a good idea. We should go to the Portugal model, which is to deal with the addiction and not spend the money on the criminal justice system," Pallito said. "We spend so much money on corrections that could be done differently. The only way to do it is spend less on corrections and more on treatment." There's much more at the link.
Putin Opposes Drug Legalization. Russian President Vladimir Putin said Wednesday he opposed drug legalization. "Of course, we must take into consideration in our current work that a range of governments have begun a true campaign on the legalization of certain types of narcotics, or so-called recreational drugs. We, of course, are against such approaches and this point of view needs to be more actively moved forward on all international platforms," Putin said during a government council meeting.
Chronicle AM: CA MedMJ Reg Bill Moves, IL Heroin Bill Passes House, Brits to Ban Legal Highs, More (6/1/15)
California could finally end up with statewide medical marijuana regulation as a compromise bill moves, asset forfeiture reform is moving in Michigan, an omnibus heroin bill moves in Illinois, and more.
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Maine Legalization Bill Rejected in Committee. The Criminal Justice Committee last Thursday rejected Rep. Diane Russell's legalization bill, LD 1380, but the bill is not yet dead, and supporters say the real battle will be on the House floor. Stay tuned.
California Medical Marijuana Regulation Bill Wins Committee Vote. The Assembly Appropriations Committee has approved a compromise regulation bill that combines features of two competing bills, Assembly Bill 34 and Assembly Bill 266. The bill would create a Governor's Office of Medical Marijuana Regulation, with three divisions. The Agriculture Department would handle cultivation, the Public Health Department would handle product safety and labeling, and the Board of Equalization would be responsible for licensing. The compromise bill is AB 266. A floor vote is expected later this week.
Illinois Bill to Add PTSD Moves Ahead. The House last Saturday approved a bill that would add PTSD to the list of qualifying medical conditions. The bill has already been approved by the Senate, but will have to go back there for approval after the House added language clarifying that patients are not prohibited from having a state firearms owner ID card.
Illinois Heroin Bill Passes House. The House last week approved House Bill 1, a comprehensive bill aimed at combating heroin use. Sponsored by Rep. Lou Lang (D-Skokie), the bill would expand access to the opiate overdose reversal drug naloxone, establish a prescription drug return program, expand Medicaid services to include rehabilitation, and expand the use of drug courts for people charged with simple possession. The bill now goes to the state Senate.
Michigan House Committee Approves Asset Forfeiture Reform Package. The House Judiciary Committee has passed a package of bills aimed at reforming the state's asset forfeiture laws. The package raises the standard of proof before goods can be seized and mandates increased reporting of seizures by law enforcement agencies. One of the bills would bar asset forfeiture in cases involving less than an ounce of pot.
California Assembly Committee Rejects Uber Driver Drug Testing Bill. The Appropriations Committee has voted down Assembly Bill 24, which would have required drug testing of Uber and Lyft drivers.
Silk Road Mastermind Gets Life in Prison. Ross Ulbricht, founder of the Dark Web's first widely-known drug sales website, was sentenced to life in prison Thursday, the harshest possible sentence he faced. With no chance at parole, Ulbricht will die in prison unless his sentence is overturned.
British Ban on Psychoactive Substances Could Cripple Brain Research. Last week, the British government announced it would ban all unregulated psychoactive substances via a new act, the Psychoactive Substances Bill, but some scientists are now saying the bill would cripple research on the brain. The bill would ban laughing gas, salvia, "poppers," and synthetic cannabinoids, among other things. Dr. David Nutt, the former top drug advisor to the government, said that such efforts could bring some areas of scientific research to a standstill. "It's going to end brain research in this country. It will be disastrous," he said.
British Lib Dem Leadership Candidate Says Legalize Marijuana. Norman Lamb, who is seeking to lead the Liberal Democrats after their poor showing in the last election, is calling for Britain to legalize, tax, and regulate marijuana commerce. Lamb said he is seeking immediate legalization for medical use and a swift, evidence-based policy change regarding recreational use.
Chronicle AM: MO Pot Lifer Wins Commutation, MD Gov Vetoes Drug Reform Bills, DEA Heroin Threat, More (5/26/15)
A second Arizona legalization initiative has been filed, a Missouri marijuana lifer gets a reprieve, Maryland's Republican governor vetoes drug reform bills, the DEA warns of the heroin threat, there's more violence in Latin American drug war zones, and more.
[image:1 align:left caption:true]Marijuana Policy
Second Arizona Legalization Initiative Filed. The Campaign to Legalize and Regulate Marijuana last week filed paperwork for a second legalization initiative in the state. The other initiative, filed by the Campaign to Regulate Marijuana Like Alcohol, which is affiliated with the Marijuana Policy Project, handed in its paperwork last month. Both would allow adults to possess up to an ounce of pot and propose a 15% tax, but the new initiative would make possession of more than eight ounces a misdemeanor, while the first one would make it a felony.
Maryland Governor Vetoes Marijuana Reform Bill. Gov. Larry Hogan (R) last Friday vetoed Senate Bill 517, which would have added some housekeeping measures to last year's decriminalization bill. The bill would have decriminalized public pot smoking and possession of pot paraphernalia. Hogan's explanation for the veto was that he is worried police won't be able to do anything about people smoking pot while driving.
Missouri Governor Commutes Sentence of Marijuana Lifer Jeff Mizanskey. Gov. Jay Nixon (D) last Friday commuted the life sentence meted out to 61-year-old Jeff Mizanskey, who had been the subject of a campaign led by Show-Me Cannabis to get him released. Nixon's action doesn't free Mizanskey, but does make him eligible for a parole hearing, after which he could be released.
Pennsylvania Medical Marijuana Bill Appears Blocked in House. A medical marijuana bill, Senate Bill 3, has passed the Senate, but appears to be bottled up in the House after being assigned to the Health Committee, which is headed by medical marijuana foe Rep. Matt Baker (R-Tioga County). He told local media last week he didn't see the bill moving any time soon. Bill supporters are exploring their options, including moving the bill to a different committee, adding it as an amendment to other legislation, and including it in a budget measure.
DEA Says Heroin Deaths Highest in a Decade. The number of heroin overdose deaths more than tripled between 2007 and 2013, according to a National Heroin Threat Assessment released last Friday by the DEA. Deaths totaled more than 8,200 in 2013. Meanwhile, the number of heroin users doubled from 161,000 in 2007 to 289,000 in 2013. Still, heroin overdose deaths pale in comparison with those from prescription drugs, with more than 30,000 people dying of prescription drug overdoses in 2013. [Ed: One cause of increased heroin use is the crackdown on prescription drugs, which has led some users to take to the streets.]
Maryland Governor Vetoes Asset Forfeiture Reform Bill. Gov. Larry Hogan (R) last Friday vetoed Senate Bill 528, which would have required police to establish that a property owner knew the property was connected to a crime, set a minimum amount of $300 for triggering seizures, and forbid police from transferring asset forfeiture cases to the federal government (to get around state asset forfeiture laws). Hogan's given reason for the veto was… heroin. "Maryland is currently facing a heroin epidemic," he said in a veto statement. "The individuals involved in the manufacture and sale of drugs are profiting from the deaths and ruined lives they are creating. The asset forfeiture law helps to ensure that these criminals do not reap any economic benefits from their crimes."
FARC Calls Off Ceasefire After Colombian Military Kills 26 Rebels. Colombia's leftist rebels have ended their unilateral ceasefire during protracted peace negotiations with the government after a government air and ground offensive killed 26 FARC fighters last Thursday. But the FARC said it will continue with peace talks. The Colombian military offensive began after the FARC killed 11 soldiers on patrol last month, but the FARC claims the military has been harassing it throughout the peace talks.
Mexican Cops Kill 42 Drug Suspects in "Shoot Out." At least 42 suspected drug cartel members and one federal police officer died last Friday in what authorities described as a fierce, three-hour gunfight between police and drug gang gunmen. The killings took place in Jalisco state, home of the up-and-coming Jalisco New Generation cartel, although authorities did not name the group. While authorities reported a fierce fight, the one-sided death toll is raising eyebrows.
Paris City Council Announces Location of France's First Safe Injection Site. The city council announced Monday that the country's first "drug consumption room" will be located at the city's Lariboisiere Hospital. The site was chosen after the plan for the original site was derailed by neighborhood opposition.