Chronicle AM: Asset Forfeiture Reforms Blocked, AL Life Sentence for Pot, Ominous Afghan Opium News, More (2/18/15)
A New Jersey coalition for marijuana reform has formed, an Alabama judge sentences a man to life in prison over 2 1/2 pounds of pot, the Hawaii legislature advances a dispensary bill, asset forfeiture reform gets slapped down in Virginia and Wyoming, the opium trade is expanding in western Afghanistan, and more. Let's get to it:
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New Jersey Legalization Coalition Forms, Includes Prosecutors. Representatives from a number of groups, including the ACLU, the NAACP, and the New Jersey Municipal Prosecutor's Association held a news conference in Newark today to announce the formation of New Jersey United for Marijuana Reform. The groups are joining forces "in a broad-based campaign to legalize, tax and regulate marijuana, ending thousands of arrests per year in New Jersey."
Colorado Cannabis Chamber Supports Tightened Regulations on Caregivers. The chamber, which represents recreational marijuana business interests, has come out in support of Senate Bill 14, which would require medical marijuana caregivers to be licensed and registered with the state. The measure would help law enforcement maintain a tighter control on who is growing how much marijuana for whom. The chamber said the "caregivers system is being abused" by people who don't want to abide by the same regulations as the rest of the industry. The bill awaits a hearing in the House Public Health Care and Human Services Committee.
Hawaii Dispensary Bill Wins House Committee Vote. Fourteen years after the legislature approved medical marijuana, it may finally get around to approving dispensaries. A bill that would do that, House Bill 321, was approved by the House Committee on Health and the Judiciary Tuesday. It now goes before the House Committee on Finance. A similar proposal in the Senate was slated for a decision in a joint committee hearing today.
Virginia Civil Asset Forfeiture Reform Bill Killed in Senate Committee Vote. An asset forfeiture reform bill that passed the House of Delegates 92-6 earlier this month and passed the Senate Courts of Justice Committee 11-2 last week has been killed in the Senate Finance Committee. The measure, House Bill 1287, was opposed by law enforcement and prosecutors. Senate Majority Leader Tommy Norment (R-James County) said the bill will now be studied by the State Crime Commission.
Wyoming Governor Vetoes Civil Asset Forfeiture Reform Bill. Gov. Matt Mead (R) Tuesday vetoed a bill that would have made it more difficult for police and prosecutors to seize property from people they believe are involved in drug crimes. The bill, Senate File 14, would have required a criminal conviction before civil asset forfeiture could take place. Mead, a former US attorney, said he didn't believe asset forfeiture had been abused in the state. The measure passed both houses by a veto-proof margin, so stay tuned.
Virginia 911 Good Samaritan Bill Awaits Final Senate Vote. A bill that would provide protection from prosecution to people who report drug overdoses has passed the Senate and House of Delegates, but was amended in the House and now requires a final Senate concurrence vote before heading to the desk of Gov. Terry McAuliffe. The measure is Senate Bill 892.
Alabama Man Gets Life in Prison for Marijuana Distribution. A Houston County judge sentenced a 39-year-old man to life in prison Tuesday for trafficking 2 ½ pounds of pot. Richard Bolden was also hit with another eight years for bail-jumping -- to be served consecutively. Bolden had one prior federal drug conviction and was out on bail on a cocaine trafficking charge, but had not been convicted of that. He had also been arrested 37 times, but never actually convicted in any of those arrests. But prosecutors said he was "a habitual and dangerous criminal offender" and the judge agreed.
Minnesota Man Jailed on Three Meth Charges Freed After Tests Showed Powder Was Vitamins, Not Amphetamines. Joseph Ray Burrell, 31, spent three months in jail on meth charges after a Mankato police officer mistook his vitamins for meth. Burrell tried to tell the cops what the powder was, but they didn't believe him and jailed him on $250,000 bail. He was set for trial February 4, but test results came back two days before, and police were forced to admit he was telling the truth. The charges were dropped and Burrell was released. No mention of restitution.
Opium Booms in Western Afghanistan; Taliban, ISIS, Corrupt Officials Benefit. A weak government in Kabul is unable or unwilling to reign in rampant opium production and trafficking in remote western Farah province bordering Iran. Taliban insurgents control half the region, a former Taliban commander who has pledged allegiance to ISIS is roaming the area with a band of dozens of gunmen, and police and local government officials seem more interested in profiting off the crop than suppressing it. That bodes ill for the Kabul government. Much more at the link.
Chronicle AM: WA GOP Bill to Combine MedMJ, Recreational Pot Moves, KY Heroin Bill Passes House, More (2/16/15)
Colorado gets more time to defend its marijuana law, a possession legalization bill gets filed in Tennessee, a bill to combine medical and recreational markets in Washington passes the Senate over patient objections, the Russian drug czar could be losing his gig, and more. Let's get to it:
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Colorado Gets Extension to Respond to Nebraska, Oklahoma Lawsuit. The US Supreme Court has given the state an extra month to respond to a lawsuit that claims it is exporting pot problems to its neighbors. A response to the suit had been due today, but the court pushed that back to March 27. The lawsuit seeks to overturn Colorado's legal marijuana law.
Tennessee Possession Legalization Bills Filed. Companion bills that would legalize the possession and casual exchange of up to a half ounce of weed have been introduced in Nashville. The bills would also make possession and distribution of an ounce or more a misdemeanor punishable by only a $100 fine. Rep. Harold Love (D-Nashville) introduced HB 0873, while Sen. Jeff Yarbro (D-Nashville) introduced SB 1211.
New Mexico Medical Marijuana Program Revisions Proposed. The Health Department's hearing officer charged with making recommendations for changes in the state's medical marijuana program issued her report last Thursday. She is recommending increasing the allowable concentrations of THC in marijuana products from 60% to 70% and scrapping a rule requiring patients to submit biometric information when applying for registry cards. The department is now "in the process of reviewing" the recommendations. Click on the link for more detail and more recommendations.
Washington Senate Passes Republican Bill to Combine Recreational and Medical Marijuana. The state Senate has passed Senate Bill 5052, sponsored by Sen. Ann Rivers (R-La Center). It would combine medical and recreational in a single market, require medical marijuana users to enter their names on a state registry, reduce the number of plants patients could grow from 15 to six, and allow cultivation co-ops only if they are at least 15 miles from a retail store and everyone is on the registry. The bill was opposed by patient advocates. Sen. Jeanne Kohl-Welles (D-Seattle) had offered a competing bill, Senate Bill 5519, but that has not been voted on, and all of her amendments to the Republican bill were voted down.
Connecticut Governor to Propose Comprehensive Legislation on Prescription Drug, Heroin Use. Gov. Dannel Malloy (D) will later this month propose legislation that would increase utilization of prescription drug monitoring programs, increase education of doctors prescribing opiates, and increase access to overdose reversal drugs, such as naloxone. Click on the link for more detail.
Kentucky House Passes Heroin Bill; Competing Bill Already Passed Senate. The Republican-led Senate has already passed omnibus heroin legislation, and now the Democratic-led House has passed its own vision of how to combat heroin. The Democratic bill, House Bill 213, would increase both treatment and some punishments, but unlike the Republican bill, would allow for needle exchange. Now, the two bills must be reconciled.
Indiana Bill Would Require a Prescription for Sudafed. A bill that started out as a measure to bar people with meth convictions from purchasing pseudoephedrine products used as precursors in home meth cooking has now morphed into a bill that would require a doctor's prescription for anyone to purchase such products, which are common in cold medications. Senate Bill 536 is the measure.
Russian Anti-Drug Agency to Fall Prey to Budget Crisis. The Federal Drug Control Service is likely to be disbanded because of the country's economic crisis, according to official documents. The agency will shut down on March 1, and its functions will be redistributed among the Health and Interior ministries.
Chronicle AM: NM Legalization Vote, CA MedMJ Organ Transplant Bill, VA Harm Reduction Bills, More (2/12/15)
Marijuana reform and medical marijuana bills continue to move, a broad coalition urges Congress to enact real sentencing reforms, harm reduction measures are moving in Virginia, and more. Let's get to it:
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New Mexico Legalization Bill Wins Committee Vote. The Senate Rules Committee today 5-4 to approve a constitutional amendment that would legalize marijuana in the state, marking the first time any legalization measure there has won a legislative vote. The measure is SJR 2. The legislation heads to the Senate Judiciary Committee next.
North Dakota Decriminalization Bill Gets Committee Hearing. The House Judiciary Committee Wednesday held a hearing on House Bill 1394, introduced by Rep. Lois Delmore (D-Grand Forks). The bill would make possession of less than a half ounce a civil infraction; it is currently a Class B misdemeanor punishable by up to 30 days in jail. The committee took no action on the bill.
California Bill to End Organ Transplant Denials for Medical Marijuana Patients Filed. Assembly member Marc Levine (D-San Rafael) has introduced Assembly Bill 258, the Medical Cannabis Organ Transplant Act, a bill aimed at preventing medical marijuana patients from being denied organ transplants. The Medical Cannabis Organ Transplant Act is sponsored by Americans for Safe Access (ASA), which has long advocated for patients seeking organ transplants, including Norman B. Smith, a medical marijuana patient who died in 2012 after being denied a liver transplant at Cedars-Sinai Medical Center in Los Angeles.
Michigan Legislature Prepares to Take Up Dispensaries Legislation. Supporters of medical marijuana are readying themselves to push a dispensary bill through the legislature. Rep. Mike Callton (R-Nashville) announced today that he would sponsor a new bill to regulate "provisioning centers." The bill is not yet available on the legislative web site. Similar measures were expected to pass last year, but stalled at session's end.
Oklahoma CBD Cannabis Oil Bill Passes House. The House approved a CBD cannabis oil bill, House Bill 2154, on a 98-2 vote Wednesday. The bill would authorize an investigation into the use of cannabis oil for children with epilepsy. The bill now heads to the Senate.
House Panel Signals Support for Asset Forfeiture Reforms. Members of the House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations agreed at a hearing Wednesday that asset forfeiture reforms are needed. Lawmakers said they intended to go beyond reforms to the federal Equitable Sharing Program that Attorney General Holder announced last month. "There are systemic problems in the current system of civil forfeiture," said Rep. Bob Goodlatte (R-VA), chairman of the Judiciary Committee. His support will be crucial for bills to move.
Idaho Overdose Reversal Drug Bill Filed. The House Health and Welfare Committee Wednesday introduced a bill that would increase access to the opiate overdose reversal drug naloxone. The committee will now consider the bill. If it approves it, it will get a House floor vote. The bill is not yet available on the legislative website.
Virginia Harm Reduction Bills Moving. Three bills that would expand access to the opiate overdose reversal drug naloxone are moving in the General Assembly. HB 1833, which would expand naloxone access to law enforcement agencies, has passed the House Courts of Justice Committee and is awaiting consideration by the full House. HB 1458 and SB 1186, which would give first responders and the general public more access to naloxone, provide civil protection to those who administer the drug, and allow family and friends of opiate users to obtain prescriptions, are also moving. The House has passed HB 1458 and sent it to the Senate. The Senate Education and Health Committee unanimously endorsed SB 1186, which is now before the full Senate.
Broad Coalition Calls for Serious Criminal Justice Reforms in Congress. The current Congress is already seeing a flurry of bills aimed at reforming various aspects of the federal criminal justice system, and now, a broad coalition of faith, criminal justice reform, and civil and human rights groups is calling for the passage of legislation that will dramatically reduce the size of the federal prison system. The groups, which include the United Methodist Church, the NAACP, the ACLU, Human Rights Watch, the Drug Policy Alliance, and dozens of other organizations, this week sent a letter to the chairmen and ranking minority members of the House and Senate Judiciary committees setting out a statement of principles on what meaningful federal-level criminal justice reform should include. Click on the story link for more details.
UN Report Says Taliban Increasingly Relies on Criminal Financing. The Taliban is increasingly relying on heroin labs, illegal mining activities, kidnapping rings, and other criminal enterprises to finance its operations, according to a new report for the UN Security Council. The report says there is a new "scale and depth" to the group's integration with criminal networks, and that could make negotiating peace more difficult. "They are increasingly acting more like 'godfathers' than a 'government in waiting,'" a panel of experts who advise the Security Council on sanctions said in the report made public late on Tuesday. The report called for more sanctions.
Chronicle AM: IA MJ Penalty Bill Moves, NM Hemp Bill Moves, MD Heroin OD Homicide Bill Filed, More (2/11/15)
Missouri's marijuana lifer may get a shot at freedom, Colorado is raking in the tax dollars from pot, the VA is pondering how to deal with medical marijuana for veterans, medical marijuana regulation bills pop up in California and Washington, and more. Let's get to it:
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Colorado Took in $76 Million in Marijuana Taxes and Fees Last Year. The state collected $44 million in recreational marijuana taxes and another $12 million in recreational pot fees last year. Taxes and fees on medical marijuana added another $19 million, bringing the total revenues to $76 million. The recreational pot tax bonanza is less than what was estimated before legalization, but is still a hefty chunk of change.
Iowa Bill to Cut Marijuana Penalties Wins Committee Vote. The Senate Judiciary Committee Tuesday approved Senate Study Bill 1121, which would make possession of less than five grams a simple misdemeanor with a maximum 30-day jail term. Currently, possession is punishable by up to six months in jail. Senators who approved the bill said it was an effort to address racial disparities in the state's criminal justice system. Iowa has one of the highest rates of racial disparity in pot busts of any state.
Missouri Governor Will Take "Hard Look" at Pardoning Marijuana Lifer. Gov. Jay Nixon (D) said Tuesday he will review the case of Jezz Mizanskey, 61, who is serving life in state prison for a marijuana conviction. Mizanskey has been behind bars for 21 years already after being convicted of a third nonviolent pot offense. "It's a very serious amount of time," Nixon said. "If the laws change after someone is sentenced, then you want to give those things a close look." An online petition seeking Mizanskey's release has more than 386,000 signatures.
VA Tells House Committee It is Actively Exploring Medical Marijuana for Veterans. A top Department of Veterans Affairs official told the House Committee on Veterans' Affairs today "there are active discussions going on now" about how to deal with the growing number of vets seeking to use medical marijuana for their ailments. Dr. Carolyn Clancy, the VA's interim under secretary for health, told the House Committee on Veterans' Affairs on Wednesday "there's an incredible opportunity for us to learn from some of those experiences, but I think that we have to be careful given the variation in legal issues."
California Regulation Bill Supported by Cops and Cities Introduced. Assemblyman Ken Cooley (D-Rancho Cordova) Monday filed Assembly Bill 266 with the backing of the California League of Cities and the California Police Chiefs Association. The bill seeks to impose state-wide regulation on the Golden State's medical marijuana scene, but California NORML says it has some objectionable features, including too stringent transportation regulations, inadequate provision for the licensing of current growers, and a prohibition on licenses for people with prior drug offenses.
Florida Medical Marijuana Bill Filed; Would Not Allow Smoking It. Rep. Greg Steube (R-Sarasota) has filed House Bill 683, which would only allow people with eight specified medical conditions to use it and which bars the used of smoked marijuana. Sen. Jeff Brandes (R-St. Petersburg) earlier filed another, less restrictive medical marijuana bill. "The big differences are, it doesn't allow for smokeable marijuana," Steube said Tuesday of his bill and Brandes' bill. "Brandes, in his bill, says a doctor could prescribe (medical marijuana) if you had severe and persistent pain. That was taken out. We kept it to specific diseases."
Washington State Medical Marijuana Regulation Bill Introduced. Reps. Luis Moscoso (D-Kirkland) and Maureen Walsh (R-Walla Walla) have introduced House Bill 2058 to create a licensed and regulated medical marijuana system for the state. The bill is identical to legislation that passed both the House and Senate in 2011 only to be vetoed by then Gov. Christine Gregoire (D) over fears of federal intervention.
New Mexico Hemp Bill Advances. The Senate Conservation Committee Tuesday voted 9-0 to approve the Industrial Hemp Farming Act (Senate Bill 94). Sponsored by Sen. Cisco McSorley (D-Albuquerque), the measure would allocate $100,000 for the regents of New Mexico State University, the state's land grant university, to establish a seed bank and seed certification program for hemp. An additional $50,000 would be appropriated under the bill for the state Department of Public Safety to train officers to identify industrial hemp. A similar bill has been filed in the House by Rep. Moe Maestas (D-Albuquerque).
Maryland Bill Would Allow Heroin Dealers to Be Charged With Murder in ODs. Delegate Kathleen Dumais (D-Montgomery County) Tuesday filed House Bill 222, which would allow prosecutors to seek homicide charges in heroin or fentanyl overdose deaths that can be linked to a specific dealer. The maximum sentence would be 30 years in prison. The bill had a hearing in the House Judiciary Committee the same day.
North Carolina Heroin Summit Tomorrow. The North Carolina Harm Reduction Coalition (NCHRC) is hosting a summit on heroin in Raleigh tomorrow. "Together with law enforcement, members of the NC medical and public health community, NC legislators, and people who have used or been impacted by heroin, we will engage in a series of panel events focused on discussing legislative solutions to heroin use and heroin-related overdose in the state," the group says. Click on the title link for event details.
Maine Governor Won't Support Expanding Access to Overdose Reversal Drug. Gov. Paul LePage (R) said Tuesday that he would oppose efforts to expand access naloxone. Rep. Henry Beck (D-Waterville) has introduced HP 98, which would allow friends of drug users to carry the overdose reversal drug and has a Good Samaritan provision. A similar bill last year allowed family members and law enforcement to carry the drug, but the friends and Good Samaritan provisions were stripped out at LePage's insistence. Now, legislators will try again.
Transnational Institute Brief on Reforming Drug Law Enforcement in Latin America. The Institute has made available "Fixing a Broken System: Modernizing Drug Law Enforcement in Latin America," the latest of its series on legislative reform of drug policies. It argues that drug prohibition has mostly failed to reduce supply and demand while creating new problems and creating vast collateral damage. It has a number of recommendations; click on the link to read them.
Chronicle AM: Drug Czar Confirmed; ME, OH Pot Initiatives Get Going; WY Asset Forfeiture Reform, More (2/10/15)
2016 marijuana legalization initiative efforts are taking first steps in Maine and Ohio, Alaska lawmakers try to deal with implementing legalization there, Wyoming passes a bill ending civil asset forfeiture reform, CBD medical marijuana bills are moving in Virginia, we have a new drug czar, and more. Let's get to it:
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Alaska Lawmakers Continue to Struggle With Implementing Legalization. The Senate Judiciary Committee is now considering a new version of its bill to implement marijuana legalization after an earlier version was criticized for only providing a defense in court for marijuana possession instead of legalizing it outright, as voters envisioned when they passed the legalization initiative last fall. The new version simply removes marijuana, hash, and hash oil from the state's controlled substances laws. Use of marijuana would still be illegal in some circumstances, including while driving and on ski lifts. The committee was set to take up the bill today.
Maine Group Submits Legalization Initiative for 2016. One of the groups interested in putting a legalization initiative on the 2016 ballot has filed its initiative with the secretary of state's office. Legalize Maine is first off the blocks in the state and claims it will make Maine "the first state with a home grown group leading the charge to have local people and small farmers benefit from legalizing marijuana." Legalize Maine's initiative would allow adults 21 and older to possess 2.5 ounces of marijuana outside of their homes, require that 40% of cultivation licenses go to small-scale farmers, and allow marijuana social clubs, where people could buy and use the drug. It would also tax marijuana sales at 10%, a higher rate than the one that applies to prepared food, lodging and liquor. The Washington, DC-based Marijuana Policy Project is also looking at a legalization initiative in the state. Initiatives will need some 61,000 valid voter signatures to qualify for the ballot.
Ohio Legalization Group in First Phase of Initiative Signature-Gathering. Responsible Ohio has released summary petition language for its proposed 2016 legalization initiative. The group now needs to file 1,000 valid voter signatures with the attorney general's office for this first phase of the initiative process. The group's plan is for 10 sites in the state to be allowed to grow marijuana commercially. The marijuana would then be quality-tested and distributed to state-regulated dispensaries (for patients) and retail marijuana stores. Marijuana would be taxed at 15%. There appears to be no provision for home cultivation. If approved for general circulation, the petition would need 305,000 valid voter signatures to qualify for the November 2016 ballot.
Virginia House Approves CBD Cannabis Oil Bill. The House of Delegates today approved House Bill 1445 on a vote of 98-1. Similar legislation has already passed the Senate. The bills would allow for the use of cannabis oil for children suffering medical conditions that bring on life-threatening seizures.
Southern Oregon Farmer Gets First Hemp License. Edgar Winter, an Eagle Point farmer, has obtained the state's first license to produce industrial hemp and says he and a nonprofit group intend to plant 25 acres in hemp this spring. That's if they can get the seeds, which requires the approval of the DEA. Stay tuned.
Wyoming House Passes Bill Ending Civil Asset Forfeiture. A bill requiring that an individual be convicted of a drug felony before his property could be seized passed the House yesterday. Senate File 14 passed the Senate earlier in the session. It's the first bill to make it through the state legislature this year. No word yet on if the governor plans to sign or veto it.
Lives Saved By Miracle Drug Naloxone Pass 300 in North Carolina. The North Carolina Harm Reduction Coalition has received a report of the 300th state drug overdose reversed by the opiate overdose reversal drug naloxone. In the past year and a half, the coalition has distributed more than 7,300 naloxone kits through a network of staff, consultants, and volunteers. The coalition has also been instrumental in getting law enforcement on board with naloxone. Nine departments in the state currently carry naloxone.
Missouri Activists File Lawsuits Against Drug Task Forces. Show Me Cannabis has filed lawsuits against three Missouri drug task forces, accusing them of failing to comply with the state's Sunshine Law. "Missouri's drug task forces, who are trusted to enforce the law, routinely act as though they are themselves above it," plaintiff Aaron Malin said. "The citizens of Missouri have a fundamental right to know what their government is doing on their behalf, and that is why the Sunshine Law was enacted. Missouri's drug task forces have repeatedly ignored their legal obligations, and today we are taking them to court to force them to follow the law." Read the complaint and related documents here.
Michael Botticelli Confirmed as Drug Czar. The Senate last night confirmed acting drug czar Michael Botticelli as the new head of the Office of National Drug Control Policy. He had served as the office's deputy director and before that, he spent nearly two decades overseeing substance abuse programs for the state of Massachusetts. "Michael Botticelli represents, in many ways, a significant improvement on all his predecessors as drug czar," said Ethan Nadelmann, executive director of the Drug Policy Alliance. "It's not just that he comes from a public health background but that he seems truly committed to advancing more science-based and compassionate drug policies where the politics allow. What he most needs to do now is shed the political blinders that impel him both to defend marijuana prohibition and close his eyes to highly successful harm reduction measures abroad."
British Parliamentary Conference Will Discuss Drug Policy Alternatives. A conference next month hosted by the parliament's House of Commons Home Affairs Committee will discuss alternatives to Britain's much criticized drug laws and how to influence the looming international debate on drugs. It will feature a leading Liberal Democrat, officials from Mexico's foreign ministry, and harsh critics of the drug war status quo, including Danny Kushlick of Transform, and former Advisory Council on the Misuse of Drugs head Prof. David Nutt.
State legislatures are keeping us busy with lots of drug-related bills, New York's attorney general gets a deal on naloxone pricing, the feds will crack down on drug courts that don't allow opiate maintenance, and more. Let's get to it:
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New Mexico Legalization Bill Killed. The House Agriculture and Wildlife Committee voted 7-1 to table House Bill 160, which would have legalized marijuana and allowed for regulated and taxed sales. Opponents said it would lead to more drug use on the job and impair public safety.
Virginia CBD Bill Passes Senate. The Senate voted Thursday to approve Senate Bill 1235, which would allow patients with epilepsy to use CBD cannabis oil to control their seizures. The measure passed 37-1. A similar bill has already passed out of committee in the House and awaits a floor vote.
Federal Industrial Hemp Act Picks Up New Sponsors. The bill, HR 525, would remove hemp from the definition of marijuana under the Controlled Substances Act. The bill now has 52 cosponsors -- 34 Democrats and 18 Republicans. The newest are Rep. Ed Whitfield (R-KY) and Rep. Mark Sanford (R-SC).
New Hampshire Bill to Ban Synthetic Drugs Wins Committee Vote. The Senate Commerce Committee unanimously approved Senate Bill 106, which would restrict the sale and possession of all synthetic drugs. The bill would give the Department of Health and Human Services the ability to "add, delete, or otherwise revise" the list of substances included in the law and set a $500 fine for businesses caught distributing the drugs.
House Subcommittee to Hold Hearing on Federal Asset Forfeiture Next Week. The House Judiciary Committee's Subcommittee on Crime, Terrorism, Homeland Security, and Investigations will hold a hearing on federal asset forfeiture uses and reforms. The hearing is set for next Wednesday at 10:00am.
Colorado Asset Forfeiture Reform Bill Vote Stalled. A bill that would require a criminal conviction before asset forfeiture could take place has been stalled. Senate Bill 6 was supposed to have a committee hearing this week, but the hearing has been delayed, with no make-up date announced.
New York Attorney General Gets Deal to Reduce Price of Overdose Reversal Drug. State Attorney General Eric Schneiderman has reached an agreement with Amphastar Pharmaceuticals that will result in cheaper prices for the company's formulation of naloxone, which can reverse opiate overdoses. The company nearly doubled the price of the drug last fall as demand rose, giving rise to a chorus of complaints. The deal would give New York state naloxone buyers a $6 per dose rebate. But the company had increased the price of the drug by about $20 per dose.
Wisconsin Governor Narrows Public Benefits Drug Testing Proposal. Gov. Scott Walker (R) no longer plans to require drug screening and possible drug testing for all public benefits recipients; instead, now only childless adults will face the screening.
Feds to Crack Down on Drug Courts That Don't Allow Opiate Maintenance. Acting drug czar Michael Botticelli said during confirmation hearings Thursday that drug courts receiving federal funds will no longer be allowed to deny opiate addicts access to opiate maintenance treatments such as suboxone. Click on the link for more details.
New Cartel Violence in Matamoros Sends Newspaper Editor Fleeing to Texas. At least 15 people have been killed in the past week in confrontations between drug trafficking factions in Tamaulipas state, across the border from South Texas. And a newspaper editor from Matamoros has fled to Texas after being threatened upon publishing reports of a shootout that left nine people dead. Enrique Juarez Torres, editor of El Manana, said he had been kidnapped, beaten, and threatened with death for his reporting. The Thursday edition of the newspaper carried no news of his kidnapping or any other reports on cartel activity.
Laos Vows Crackdown on Drugs; Will Target Addicts as Well as Traffickers. Laotian security officials say they will be going after important drug rings and street dealers, but also drug users. "We're targeting the buyers, sellers, and consumers," a security official said. Laos has already ratcheted up drug law enforcement, with drug arrests up five-fold in 2014 over 2013. The moves come as opium production continues in the country and next door in Myanmar.
Chronicle AM: Fed Sentencing Reform Bill Refiled, CT Governor Calls for Drug Defelonization, More (2/4/15)
There's Florida medical marijuana news, the federal Justice Safety Valve Act is reintroduced, Connecticut's governor wants to defelonize drug possession, an Oregon bill would let localities opt out of legal marijuana commerce, and more. Let's get to it:
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Oregon Bill That Would Let Localities Ban Pot Businesses Filed. A bill that would repeal parts of the Measure 91 legalization initiative to give local governments the power to regulate or prohibit marijuana businesses was filed Monday. The bill is Senate Bill 542. It is part of a package of bills before the Senate Implementing Measure 91 Committee.
Colorado Bill to Allow Continued Medical Marijuana System Passes Senate. The bill would allow residents with medical marijuana cards to continue to use dispensaries until at least 2019. That means people with cards could continue to buy marijuana for a lower price than in the adult retail market because medical marijuana has lower taxes. The bill is Senate Bill 115, sponsored by Sen. Owen Hill (R- Colorado Springs).
Florida Poll Has Medical Marijuana Doing Well. A new Gravis Insights poll has support for medical marijuana at 64% in the Sunshine State. The poll comes as the legislature prepares to take up a medical marijuana bill, Senate Bill 528, and with the prospect of another initiative in 2016 looming. Last year's medical marijuana initiative won 57% of the vote, but was defeated because, as a constitutional amendment, it needed 60% of the vote to pass.
Florida Sheriffs Object to Medical Marijuana Bill. The Florida Sheriffs Association has come out against Senate Bill 528 while meeting at their winter conference in Tallahassee. The sheriffs, with all their medical expertise, say that "smoked marijuana is not medicine" and list the medical conditions for which medical marijuana can be used. They have other demands, too; click on the link to read their press release.
Ohio CBD Medical Marijuana Bill Filed. Rep. Wes Retherford (R-Hamilton) has filed House Bill 33, which would allow doctors to prescribe high-CBD, low-THC cannabis oil to treat seizure disorders. The bill would make the oil available at a limited number of hospitals in the state.
Indiana Bill Seeks to Punish New Synthetics Like Other Drugs. After the Court of Appeals threw out the state's law banning synthetic drugs as overly broad and too complicated to be unconstitutional, lawmakers are responding by filing a bill that would increase the penalties for "dealing in a counterfeit substance if the person represents the substance to be cocaine, methamphetamine, LSD or a schedule I or II narcotic drug." The bill is Senate Bill 278, sponsored by state Sens. Jim Merritt (R-Indianapolis) and Randall Head (R-Logansport).
Wisconsin Governor Makes it Official -- He Wants to Drug Test Public Benefits Recipients. Gov. Scott Walker (R) unveiled his budget proposal Tuesday, and it includes plans to require drug testing for those seeking a variety of public benefits. Walker would drug test not only people seeking food stamps, but also people seeking unemployment payments and people seeking Medicaid.
Federal Justice Safety Valve Act Reintroduced. A bipartisan group of legislators has reintroduced Senate Bill 353 (the House version is HR 706), the Justice Safety Valve Act. The Senate bill was filed by Sens. Rand Paul (R-KY) and Patrick Leahy (D-VT); the House version was filed by Reps. Thomas Massie (R-KY) and Bobby Scott (D-VA). The bill would give federal judges the ability to impose sentences below mandatory minimums in appropriate cases based upon mitigating factors.
Federal Drug Manufacturing Sentencing Enhancement Bill Filed. Sen. Orrin Hatch (R-UT) Tuesday filed Senate Bill 348, which would "impose enhanced penalties for conduct relating to unlawful production of a controlled substance on Federal property or... while intentionally trespassing on the property of another that causes environmental damage." That language is from the bill summary; the actual text is not yet available.
Connecticut Governor Calls for Drug Defelonization. Gov. Dannell Malloy Tuesday proposed rewriting the state's criminal law to make all simple drug possession arrests misdemeanors. Possession with intent to distribute would not be included. He would also eliminate mandatory minimum sentences for drug offenses and expand the state's pardon system. Under current state law, all drug possession arrests except for small amounts of marijuana are felonies, with sentences of up to seven years.
Senior British Cop Says Give Addicts Free Heroin. Mike Barton, chief constable for Durham, has called for an end to arresting heroin addicts and said it would be better to supply addicts with pharmaceutical heroin in a controlled setting. Targeting drug users is counterproductive, he said. "Their entrapment in criminal justice is a waste of police time and the state's money and dissuades addicts from revealing themselves for treatment for fear of criminal consequences," Barton said.
Some pleasantly surprising poll results from Michigan, medical marijuana bills are popping up all over the place, the Baby Bou Bou SWAT raid is sparking bills to rein in over-the-top drug raiders, and more. Let's get to it:
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Michigan Poll Has Support for Taxing and Regulating Marijuana at 64%. A SurveyUSA poll released late last week has nearly two-thirds of respondents saying they would support legalizing, taxing, and regulating marijuana to increase school and road funding. That same set of respondents did not support increasing sales tax to increase school and road funding. Only 43% answered yes to that question. Click the link for more poll details.
Pediatricians Call for Rescheduling Marijuana, Say Compassionate Use for Children Okay. In a new policy statement, the American Academy of Pediatrics is recommending that the DEA reschedule marijuana to ease research on it. The influential medical society is also proposing that medical marijuana be made available on a compassionate basis for children with serious illnesses who have not benefited from other medicines. Click the policy statement link for more detail.
Georgia CBD Medical Marijuana Bill Filed. Rep. Allen Peake (R-Macon) today filed House Bill 1, which would allow the use of CBD cannabis oil for qualifying patients. He had earlier considered a bill that would allow marijuana to be grown in-state, but he removed that language after objections from Gov. Nathan Deal (R). Peake said he hopes a deal can be struck that will allow for cannabis oil to be imported to the state.
New Illinois Governor Stalling Medical Marijuana Licenses. Former Gov. Pat Quinn (D) left behind a list of companies poised to be granted medical marijuana business licenses, but incoming Gov. Bruce Rauner (R) is in no hurry. Now he wants to conduct "a thorough legal review of the process" used to choose licensees. Medical marijuana patients will have to continue to wait.
South Carolina Medical Marijuana Bill Filed. House Minority Leader J. Todd Rutherford (D-Columbia) and several cosponsors have filed House Bill 3140, which would allow qualifying patients to grow and possess limited amounts of marijuana. Last year, the legislature passed a CBD-only medical marijuana bill.
Wisconsin Governor Won't Fight Feds Over Food Stamp Drug Testing, But Will Seek Waiver. Gov. Scott Walker (R) had vowed to fight the Obama administration over requiring drug tests for food stamp recipients, but his forthcoming budget proposal now says he will seek waivers from the federal government. Federal law bars adding new eligibility requirements to the food stamp program.
Baby Bou Bou SWAT Raid Sparks Georgia Bill Regulating "No Knock" Raids. The May drug raid over a $50 meth sale that left a Georgia infant seriously injured by a flash bang grenade has sparked a reaction in the state legislature. Senate Bill 45, filed by Sen. Vincent Fort(D-Fulton County) this month, would require police to show probable cause that there is imminent potential for life endangerment or destruction of evidence if they knocked and declared their presence at a suspect's door prior to arrest. A separate House Bill 56 would end unannounced arrests between 10 pm and 6 am, unless a judge specifically grants a warrant.
Ukraine Blocking Delivery of Opiate Maintenance Drugs to Rebel Regions. The Kiev government is effectively blockading the pro-Russia regions under control of rebels, including supplies of buphrenorphine and methadone. Russia has been delivering other medical supplies to the region, but not the opiate maintenance drugs, which are illegal in Russia. In Donetsk, the last 52 patients on buphrenorphine ran out earlier this month, and the dwindling supply of methadone will be gone by March 1. There are nearly 400 methadone patients in the region.