The Supreme Court hands down a pair of rulings supporting law enforcement powers, the California and Arizona marijuana legalization efforts gain powerful endorsements, the feds give up on trying to bust Fedex for shipping prescription pills, and more.
[image:1 align:left]Marijuana Policy
Arizona Congressman Endorses Legalization Initiative. US Congressman Ruben Gallegos (D-Phoenix) announced Monday that he is endorsing the legalization initiative from the Arizona Campaign to Regulate Marijuana Like Alcohol. "Forcing sales of this plant into the underground market has resulted in billions of dollars flowing into the hands of drug cartels and other criminals," Rep. Gallegos said. "We will be far better off if we shift the production and sale of marijuana to taxpaying Arizona businesses subject to strict regulations. It will also allow the state to direct law enforcement resources toward reducing violence and other more serious crimes."
California Democratic Party Endorses Legalization Initiative. Meeting in Long Beach over the weekend, the executive committee of the state Democratic Party voted to endorse the Adult Use of Marijuana Act (AUMA). The initiative would legalize the possession of up to an ounce of weed, allow limited personal cultivation, and allow regulated commercial cultivation and sales.
Colorado Health Department Reports No Increase in Youth Use. Marijuana use among high school students in the state has not increased since legalization, the Health Department reported Monday. The report was based on a statewide student survey. It found that 21% of students had reported using marijuana, in line with earlier figures from the state and below the national average of nearly 22%.
Congressional Pot Fans, Foes Work Together on New Research Bill. Legalization opponent Rep. Andy Harris (R-MD) is joining forces with Congress's "top legal pot advocate," Rep. Earl Blumenauer (D-OR) to file a bill to overhaul federal policies on marijuana research. The bill would make it easier for scientists to conduct research on the medical use of marijuana. It hasn't been filed yet, but is expected this week.
Arkansas Initiative Campaign Hands in Signatures. Supporters of the Arkansans for Compassionate Care medical marijuana initiative handed in more than 110,000 raw signatures to state officials in Little Rock Monday. The initiative only needs some 67,000 valid voter signatures to qualify for the November ballot. If as many as 30% of the signatures are found invalid, organizers would still have enough signatures to qualify.
Oklahoma Governor Delays Using Card Readers to Seize Money. In the wake of a furious outcry over the Highway Patrol's recent use of ERAD card-reading devices to seize money from debit and credit cards, Gov. Mary Fallin (R) last Friday directed the secretary of safety and secure to delay using the the card-readers until the state can develop a clear policy for their use.
Supreme Court Opens Door to More Lawless Police Searches. In a pair of decisions released Monday, the US Supreme Court again demonstrated its deference to law enforcement priorities, in one case by expanding an exception to the long-standing ruling requiring that unlawfully gathered evidence be discarded and in another by holding that drug dealers, even those engaged only in street-corner sales, are engaged in interstate commerce.The two decisions expand the ability of local police to skirt the law without effective punishment on the one hand, and allow prosecutors to use the weight of the federal criminal justice system to come down on small-time criminals whose cases would normally be the purview of local authorities on the other. Taken together, the decisions show a high court that once again give great deference to the demands of law enforcement.
Feds Drop Drug Trafficking Case Against Fedex. Federal prosecutors in San Francisco last Friday suddenly moved to drop all criminal charges against the delivery service, which they had accused of knowingly delivering illegal prescription drugs. In court, presiding Judge Charley Breyer said the company was "factually innocent" and that the DEA had failed to provide it with the names of customers who were shipping illegal drugs. "The dismissal is an act, in the court's view, entirely consistent with the government's overarching obligation to seek justice even at the expense of some embarrassment," Breyr said, according to a transcript of the hearing.
Chronicle AM: Times of London Calls for Drug Decrim, Microsoft Enters MJ Business, More... (6/17/16)
Three reports on marijuana policy are released, Microsoft gets in the marijuana business, the Times of London calls for drug decriminalization and hints at legalization, a Thai minister reiterates his call for regulating meth, and more.
[image:1 align:right]Marijuana Policy
Brookings Institution Releases Research Papers on Legalization and Regulation. One paper is "Bootleggers, Baptists, bureaucrats, and bongs: How special interests will shape marijuana legalization," in which Brookings Senior Fellows Philip Wallach and Jonathan Rauch ask: Why did marijuana legalization recently break through in the face of what had long been overwhelming interest-group resistance? How might key social and bureaucratic actors reorganize and reassert themselves, and as legalization ushers in a "new normal" of marijuana-related regulation and lobbying, what kinds of pitfalls and opportunities lie ahead? The second paper is "Worry about bad marijuana -- not Big Marijuana," in which Rauch and Senior Fellow John Hudak examine a concern that many critics and proponents of marijuana legalization share: the potential emergence of Big Marijuana, a corporate lobby akin to Big Tobacco that recklessly pursues profits and wields sufficient clout to shape regulation to its liking. Hudak and Rauch ultimately argue against alarmism, concluding that "policy should concern itself with harmful practices, not with industry structure, and it should begin with a presumption of neutrality on issues of corporate size and market structure."
Transnational Institute Releases Report on Marijuana Regulation and UN Treaties. The report, "Cannabis Regulation and the UN Drug Treaties: Strategies for Reform," which was compiled by a group of experts in the United States, Mexico, the Netherlands, Canada, and the United Kingdom, makes clear that the problem is not that countries are pursuing reforms to legally regulate cannabis, but rather the antiquated drug treaty provisions that explicitly block such reforms. Overcoming that hurdle, the report argues, does not require a global consensus to rewrite the UN drug treaties -- a difficult task under current conditions -- but can be achieved by procedures available to individual countries and groups of countries under international law.
Microsoft Enters the Marijuana Business. The tech giant announced Thursday that is forming a partnership with a marijuana-focused software company called Kind Financial, which provides "seed to sale" services for marijuana growers. The move makes Microsoft the first major tech company to get involved with the growing legal marijuana industry.
Michigan Legalizers Sue Over 180-Window for Signatures. MI Legalize, the group seeking to get its legalization initiative on the November ballot, filed suit Thursday in the state Court of Claims seeking to overturn a new law and an old policy that render invalid any signatures gathered outside of a 180-day window. Michigan officials ruled that the campaign came up short after they rejected signatures from the beginning of the petition drive because they had been gathered outside that window.
New Jersey Assembly Passes PTSD Bill. The Assembly approved the bill Thursday, and a Senate committee approved a similar measure the same day. The bills would allow patients suffering from PTSD to use medical marijuana with a doctor's recommendation.
Delaware Legislature Passes Mild Asset Forfeiture Reform Bill. The Senate unanimously approved House Bill 309, which would force the state's Special Law Enforcement Assistance Fund to disclose the specific items and programs its civil asset forfeiture fund paid for. The measure has already passed the House and goes to the desk of Gov. Jack Markell (D). A bill that would have abolished civil forfeiture was filed, but never moved this year.
The Times of London Calls for Drug Decriminalization, Hints at Legalization. England's most prestigious newspaper has declared itself in favor of treating drug use and possession as a public health issue rather than a criminal one. In a leading article, "Breaking Good", the paper supported the call earlier this week from the Royal Society for Public Health for drug decriminalization. The newspaper said that although it is "radical advice," it is "sound" and ministers should "give it serious consideration." In an editorial in the same issue, the Times went a step further: "The government should be encouraged to think of decriminalization not as an end in itself but as a first step towards legalizing and regulating drugs as it already regulates alcohol and tobacco."
Thai Minister Defends Call for Legalizing Meth. Facing criticism, Justice Minister Paiboon Koomchaya held firm Friday to his call to regulate instead of prohibit methamphetamine. He said it is impossible to eliminate dangerous drugs, so there should be a proper way to live with them. He added that crackdowns on users and sellers had filled the country's prisons, but not prevented drug use.
Busy, busy: There's movement on marijuana banking, Gary Johnson picks up MPP's endorsement, a leading California cannabis oil producer gets busted, the AMA casts on leery eye on patient pain reports, a congresswoman wants to drug test the rich, British public health groups call for decrim, the Thai government wants to end the war on meth, and more.
[image:1 align:left caption:true]Marijuana Policy
Senate Committee Approves Measure to Ease Pot Businesses' Access to Financial Services. The Senate Appropriations Committee on Thursday voted 16-14 to approve an amendment that would bar the Treasury Department from punishing banks that do business with state-legal marijuana businesses. The amendment is part of the FY 2017 Financial And General Government Services Appropriations Act, which now heads for a Senate floor vote.
Marijuana Policy Project Endorses Libertarian Gary Johnson for President. MPP has formally endorsed Libertarian Party candidate Gary Johnson for president, saying he was the obvious choice as the most pro-marijuana legalization candidate on the ballot. The group said its endorsement was based solely on his marijuana policies.
New York Assembly Passes Bill to Seal Records for Misdemeanor Marijuana Convictions. The Assembly has passed Assembly Bill 10092, which will seal the conviction records of people charged with misdemeanor offenses. Assembly Speaker Carl Heastie said the move was in response to New York City police charging people with misdemeanors for possession of marijuana in public. Simple possession is decriminalized in the state.
Leading California Medical Marijuana Oil Maker Busted.Police, including DEA agents, raided five properties associated with a well-known medical marijuana products manufacturer in Northern California's Sonoma County Wednesday morning, detaining at least nine people and arresting one on suspicion of felony drug manufacture for his role in cannabis oil production.The operation raided was Care By Design (CBD Guild), which produces CBD-rich cannabis oils for use in sprays, gels, and cannabis oil cartridges for vaporizers. The company offers products with five different ratios of CBD to THC so "patients can adjust their cannabis medicine to suit their specific conditions and personal preferences." Police accused the operation of using dangerous and illegal butane extraction for their oils, but Care By Design says that is not the case.
Heroin and Prescription Opioids
AMA Resolutions Aim to Curb Opioid Abuse, Will Ignore Patients' Pain Reports. At its annual meeting in Chicago, the American Medical Association (AMA) approved a number of resolutions aimed at curbing the misuse of prescription opioids. One called for removing any barriers to non-opioid pain therapies, one calls for promoting increased access to the opioid overdose reversal drug naloxone (Narcan), but "the group also voted in favor of efforts to remove pain as a vital sign in professional standards, as well as disconnecting patient satisfaction scores from questions related to the evaluation and management of pain," a move that may not bode well for chronic pain patients.
Company Now Offers Asset Forfeiture Insurance to Cannabusinesses. CBZ Insurance Services is now offering coverage to protect state-legal marijuana businesses from the threat of seizure and asset forfeiture. The company's "search and confiscation" coverage applies only to entities that are state-legal and are found innocent of any raid-related charges. "A legally operating cannabis business has unique challenges other types of businesses don't have," said CBZ's Jeffrey Rosen. "One challenge is the threat of being shut down at any time by law enforcement. Whether you're a grower, distributor or manufacturer, search and seizure coverage is the best protection for a company's assets."
Congresswoman Wants to Drug Test the Rich Before Approving Tax Deductions. US Rep. Gwen Moore (D-WI) has called for requiring wealthy Americans to undergo a drug test before approving their tax deductions. Moore said she will file the bill because she is "sick and tired, and sick and tired of being sick and tired, of the criminalization of poverty," referring to efforts pushed by Republican governors and legislators to impose drug testing requirements on people seeking public benefits. "We're not going to get rid of the federal deficit by cutting poor people off SNAP. But if we are going to drug-test people to reduce the deficit, let's start on the other end of the income spectrum."
British Public Health Bodies Call for Drug Decriminalization. Two leading public health bodies say drug use is a health issue, not a criminal one, and have called for drug decriminalization. The Royal Society for Public Health and the Faculty of Public Health said that criminalizing drug use has not deterred people from using drugs, and that those harmed by drug use are harmed again by punishment. "We have taken the view that it is time for endorsing a different approach," said Shirley Cramer, chief executive of the Royal Society. "We have gone to our stakeholders and asked the public and tried to gain some consensus from our community and the public, because that is very important." The society has detailed in its new line in the aptly named report Taking a New Line on Drugs.
Thailand Government Proposes Ending War on Meth and Regulating It Instead. Thai Justice Minister Paiboon Koomchaya has suggested removing meth from the country's dangerous illicit drug list and putting it in the same category as medicinal drugs, with controls -- not bans -- on distribution, sale, and use of the drug. Current measures to suppress the drug have not worked, he said. Paiboon's comments came in a discussion of the UN General Assembly Special Session on Drugs (UNGASS), which met in April. "The world has now surrendered to drugs, and has come to think of how to live with drugs. It is like a man suffering from cancer and having no cure and he has to live a happy life with the cancer," Gen Paiboon said. The government has drawn up a bill that would do that, he said.
(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.)
Marijuana legalization in the states isn't pushing youth use up, April sets a pot sales record for Colorado, Ohio becomes the newest medical marijuana state, Canada's NDP wants decriminalization now, and more.
[image:1 align:right]Marijuana Policy
National Survey Finds Dip in Teen Marijuana Use, Dispels Anti-Legalization Myth. The results of a federal survey released Thursday by the US Centers for Disease Control once again casts doubt on the idea that rolling back marijuana prohibition laws will lead to an increase in teen marijuana use. According to the biennial National Youth Risk Behavior Survey (YRBS), 21.7% of U.S. high school students reported using marijuana in the past 30 days, down from 23.4% in 2013 and 26.2% in 1997, the year California implemented the first state medical marijuana law. From 1996-2015, four states and DC adopted laws making marijuana legal for adult use and 23 states adopted laws making marijuana legal for medical use. The 2015 YRBS results are available online here.
Alaska Marijuana Regulators Approve First Licenses. The Marijuana Control Board last Thursday approved the first licenses for legal marijuana cultivation and testing operations. The first retail licenses are expected to be issued later this year.
Colorado Saw a Record Month for Weed Sales in April. According to the state Department of Revenue, April was the biggest month yet for legal weed, with sales of $117.4 million of buds, concentrates, and edibles sold. Of that, $76.6 million was for recreational sales.
Ohio is the Newest Medical Marijuana State, But You Can't Smoke It. Gov. John Kasich (R) last Wednesday signed into law a medical marijuana bill that allows use of full plant material, but not in smokeable form. Under the new law, it should take up to two years for Ohioans to see the first medical marijuana dispensaries.
Federal Asset Forfeiture Reform Bill Filed. Last Thursday, Senate Judiciary Committee Chairman Charles Grassley (R-IA) and ranking member Patrick Leahy (D-VT) introduced the "Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act," or DUE PROCESS Act. The bill would raise the standard of proof from a "preponderance of the evidence" to the much higher "clear and convincing" standard, shift the burden of proof from innocent owners to the government, and guarantee indigent defense for property owners. The bill has not yet been assigned a bill number.
New Jersey Asset Forfeiture Reporting Bill Advances. A bill that would require county prosecutors to produce annual reports on assets seized through civil forfeiture was approved unanimously by a Senate committee last Thursday and awaits a Senate floor vote. The bill would require prosecutors to report the nature of the crime involved and the status of money or property seized.
Michigan Governor Signs Roadside Drug Testing Pilot Program Bill. Gov. Rick Snyder (R) has signed into law a bill that will allow state police to conduct a one-year pilot program to conduct roadside saliva drug testing on suspected drugged drivers. The program will be conducted in five counties by officers who have completed specialized training. The bill has been criticized by some lawmakers, who said the science is lacking when it comes to the impact of marijuana on driving.
Canada New Democrats Call for Pot Decriminalization Ahead of Legalization. The New Democrats have introduced a motion calling on the House of Commons to recognize the contradiction in continuing to give people criminal records for something the Liberal government should not be a crime. The motion calls for the immediate decriminalization of marijuana.
Dutch Cities Call Again for Regulated Marijuana Cultivation. In a vote at the meeting of the Association of Dutch Municipalities last week, nearly 90% supported a call on the government to allow experiments with regulated marijuana production. Under Dutch law, coffee shops call sell small amounts of marijuana to consumers, but there is no provision for legally supplying the coffee shops.
Israel Marijuana Decriminalization Bill Pulled… for Now. Member of the Knesset Sharren Haskel (Likud) has pulled her decriminalization bill after Public Security Minister Gilad Erdan agreed to form a special committee to examine marijuana policy. Erdan had opposed Haskel's bill, but the two agreed to form the committee to "examine enforcement policy towards personal use of cannabis without changing the existing social norms about cannabis and general drug use."
Moroccan Party Leaders Calls for Legalization of Hash Cafes. Ilyass El Omari, secretary general of the Authenticity and Modernity Party (PAM) said he supports allowing people in hash-growing regions "to be able to open cafes where they can legally sell cannabis to consumers in reasonable and specific amounts on a weekly basis." The PAM had previously called for decriminalization and regulated cultivation for medical uses, but El Omari is now taking it a step further.
Foes of marijuana legalization are in court today in Boston to try to block a pending initiative, medical marijuana expansion bills become law in Colorado and Vermont, a public summit on new psychoactive substances is coming to New York, and more.
[image:1 align:left caption:true]Marijuana Policy
Massachusetts Supreme Judicial Court Hears Challenge to Legalization Initiative. Opponents of the legalization initiative from the Maine Campaign to Regulate Marijuana Like Alcohol sought to block it Wednesday by arguing that it is fatally flawed because it doesn't explicitly say it would allow the use of marijuana edibles. Attorney John Scheft argued that voters were "significantly misled" when they were told the measure would legalize marijuana because it would legalize "marijuana, hashish, marijuana concentrates, and also food products." The summary language does refer to "marijuana products." But at least one justice expressed skepticism: "Having read your summary I would have no idea that the measure allows the infusion of a hallucinogen into food and drink at all," said Justice Robert Cordry.
Sheldon Adelson Buys Nevada Newspaper; Newspaper Reverses Support for Legalization. Las Vegas casino magnate Sheldon Adelson, a large contributor to conservative politicians and anti-marijuana efforts, bought the Las Vegas Review Journal last December. The paper had supported marijuana legalization, but no longer after Adelson "and his wife Miriam pressured editorial board members to visit a drug treatment center and reconsider the publication's support for legalization." A legalization initiative from the Nevada Campaign to Regulate Marijuana Like Alcohol will be on the ballot in November.
Colorado Governor Signs Medical Marijuana in Schools Bill. Gov. John Hickenlooper (D) Tuesday signed into law "Jack's Law," which allows for the use of medical marijuana in schools under strict conditions. The measure is House Bill 1373.
Vermont Governor Signs Medical Marijuana Expansion Bill. Gov. Peter Shumlin (D) Tuesday signed into law Senate Bill 14, which will expand the state's medical marijuana system. Shumlin used the occasion to emphasize medical marijuana as an alternative to opioid pain relievers: "At a time when opiate addiction is ravaging our state and drug companies continue to urge our doctors to pass out painkillers like candy, we need to find a more practical solution to pain management. This bill ensures that Vermonters who are suffering will have access to medicine that is high quality, laboratory tested, and most importantly non-addictive," he said.
Heroin and Prescription Opioids
Illinois Legislature Overrides Veto, Passes Opioid Overdose Access Reversal Drug Bill. Both the House and the Senate have voted to override a partial veto by Gov. Bruce Rauner (R) of House Bill 1, which will allow access to naloxone (Narcan) without a prescription, require private insurers to provide coverage for anti-overdose drugs, and expand drug courts.
New Psychoactive Substances
Senate Committee Holds Hearing on New Psychoactive Substances. The Senate Judiciary Committee Tuesday held a hearing on new psychoactive substances (NPSs) weighted heavily toward pushing for giving the DEA and the Justice Department greater latitude to prosecute people for selling and distributing NPSs. The hearing devoted little attention to policy approaches that could reduce demand for NPSs or harms associated with their use.
New York City Summit on New Psychoactive Substances Tomorrow and Friday. "New Strategies for New Psychoactive Substances: A Public Health Approach" is going on Thursday and Friday at the John Jay College of Criminal Justice. Click the link to get more info and to register.
Delaware House Approves Asset Forfeiture Reform With Big Loophole. The House Tuesday approved House Bill 309, which claims to bring public disclosure to the state's civil asset forfeiture fund. But the bill also allows law enforcement to apply for money from the fund in secret. Law enforcement said the language was necessary to not jeopardize ongoing investigations. The bill is now before the Senate Judiciary Committee.