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Categories: Mandatory Minimums

Chronicle AM: CT Ends Civil Forfeiture, Sessions Calls for More Drug War (Again), More... (7/12/17)

Mandatory Minimum Sentencing (STDW) - Wed, 07/12/2017 - 19:20

Connecticut has become the 14th state to end civil asset forfeiture, Nevada's state government is moving to ease a potential marijuana shortage, Jeff Sessions gives another drug war speech, and more.

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

Massachusetts Governor Says Deal on Legalization Close. Gov. Charlie Baker (R) said Thursday lawmakers are close to reaching a deal on a bill that will regulate legal marijuana in the state. The House had favored a 28% tax and allowing localities to ban pot businesses without a popular vote, while the Senate held to the 12% tax included in the voter-approved legalization initiative and wouldn't allow pot shop bans without a popular vote. "I'm told there are only a couple minor things that are outstanding. I hope they get them done because if they don't get them done, I think at some point, we're going to have to go forward with the law as it was written," said Baker.

Nevada Regulators Set to Approve Emergency Regs to Avoid Pot Shortage.State tax officials are set to vote Thursday on an emergency regulation that they hope will allow marijuana stores to avoid running out of supply. The regulation would allow the state to issue distribution licenses that are currently being held up by a legal challenge from liquor distributors, who want a cut of the action. Because of heavy demand since legal sales started July 1, some shops are "running on fumes," said Nevada Dispensary Association President Andrew Jolley.

Asset Forfeiture

Connecticut Governor Signs Bill Ending Civil Asset Forfeiture. Gov. Dannel Malloy (D) on Monday signed into law House Bill 7146, which ends property or cash seizures in the state without a criminal conviction. Connecticut becomes the 14th state to require a criminal conviction in most or all forfeiture cases.

Drug Policy

Attorney General Sessions Again Attacks Drug, Sentencing Reforms. In a speech at the Drug Abuse Resistance Education (DARE) training conference in Dallas on Tuesday, Attorney General Jeff Sessions called the country's drug problem "unprecedented" and generally blamed it on Obama-era sentencing reforms that led prosecutors "not to charge the most serious offenses." Sessions said a new Justice Department police directing prosecutors to seek mandatory minimum sentences was the way to go. "We are going to trust our prosecutors again," Sessions said Tuesday. "This policy empowers trust in professionals to apply the law fairly and exercise discretion when appropriate."

Categories: Mandatory Minimums

Chronicle AM: MA MJ Talks Resume, WI "Cocaine Mom" Law Back in Effect (For Now), More... (7/10/17)

Mandatory Minimum Sentencing (STDW) - Mon, 07/10/2017 - 19:52

Massachusetts lawmakers finally figured out their budget, so now maybe they can figure out how to implement the will of the voters on legal pot; the Supreme Court lets Wisconsin continue to enforce its "cocaine mom" law as the state appeals a lower court ruling it's unconstitutional; Colombian coca cultivation was way up last year, and more.

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

Massachusetts Lawmakers Resume Talks on Implementing Legalization. A House-Senate conference committee was set for a closed door meeting Monday afternoon to restart negotiations over legislation that would implement the state's voter-approved marijuana legalization law. House and Senate negotiators are split over a number of issues, foremost among them taxation rates and whether localities can ban pot businesses without a popular vote.

Medical Marijuana

North Dakota Seeks Letters of Intent from Prospective Growers and Dispensaries. The Health Department last Friday asked prospective medical marijuana growers and dispensary operators to send in letters of intent to apply under the state's new medical marijuana law. The department said it wants a better idea of how many applications it will receive in coming months. Interested parties have until July 28 to send in their letters.

Drug Policy

US Supreme Court Lets Wisconsin "Cocaine Mom" Law Stay in Effect Pending Appeal. The Supreme Court last Friday issued an order lifting an injunction against Wisconsin's "cocaine mom" law imposed in April. The law allows state officials to detain pregnant women suspected of using drugs or alcohol. A federal district court judge ruled the law unconstitutionally vague and issued the injunction, but now the Supreme Court will allow the state to continue to use the law while it appeals the lower court ruling.

Sentencing

Report: Some Federal Prosecutors Ignored Obama Sentencing Recommendations. A report from the Justice Department's Office of the Inspector General released last Friday finds that at least 20 of the country's 94 federal prosecutorial districts did not follow Obama administration "Smart on Crime" sentencing recommendations aimed at reducing the number of mandatory minimum sentences for drug offenses. Still, the report noted, the initiative had an impact: Drug offenders sentenced without mandatory minimum sentences increased from 40% in 2014 to 54% in 2015.

International

UN Says Colombia Coca Cultivation Increased Dramatically Last Year. The UN Office on Drugs and Crime reports that the amount of land under coca cultivation jumped from 250,000 acres in 2015 to 363,000 acres last year, an increase of nearly 50%. The UNODC notes that most of the increase came in areas that had been under the control of the now demobilized FARC guerrillas. The Colombian military failed to take effective control of those areas, leaving a power vacuum filled by dissident guerrilla groups, rightist paramilitaries, and drug trafficking organizations.

Categories: Mandatory Minimums

Chronicle AM: Drug Warriors Push Back on Sentencing Criticisms, Mexico Violence, More... (7/7/17)

Mandatory Minimum Sentencing (STDW) - Fri, 07/07/2017 - 18:59

There's medical marijuana news from Maryland, drug warriors defend Sessions' harsh sentencing approach, Mexico's prohibition-related violence is ticking upward, and more.

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

Maryland Regulators Approve First Dispensary. The Maryland Medical Cannabis Commission approved a dispensary license for the Wellness Institute of Maryland in Frederick on Wednesday. The store began seeing patients Thursday for "pre-orders," but won't actually have a crop to harvest for several months.

Maryland Governor Overhauls Medical Cannabis Commission. Gov. Larry Hogan (R) on Thursday overhauled the commission, which had come under fire for its launch of the state's medical marijuana program. He replaced six members whose terms on the 16-member panel had expired and filled three vacancies. The new appointments doubled the number of minority commissioners from two to four, responding to calls from the Legislative Black Caucus and others to create more diversity in the program.

Sentencing

Drug Warriors Defend Sessions' Hard Line on Drug Sentencing. The heads of professional groupings committed to punitive, prohibitionist drug policies penned an op-ed Wednesday defending Attorney General Sessions' return to harsh sentencing practices and charging that Obama administration efforts to reduce drug sentences had left "a devastating mark downstream on the safety of communities across the nation." The piece was a direct response to an op-ed last month by former Assistant Attorney General Sally Yates, who noted that violent crimes rates are still at historic lows and accused Sessions of "stoking fear" with an argument that "just isn't supported by the facts."

International

Cartel Clashes in Northern Mexico Leave 26 Dead. At least 26 people were killed in a predawn gun battle between warring cartels Wednesday in Las Varas, Chihuahua, as members of La Linea squared off against a Sinaloa cartel faction. The violence in Chihuahua comes just days after a firefight with police near the resort town of Mazatlan, Sinaloa, left 19 suspected cartel members dead. Violence is surging in Mexico, with 2,186 homicide investigations opened in May, the most in any month since the government began publishing homicide statistics in the 1990s.

Honduras Destroys First Coca Crop. Honduran Army units on Friday destroyed a coca plantation containing 12,000 plants near the town of Esquipulas del Norte in Olancho province, marking the first time a coca crop had been found and eradicated in the country. Authorities had discovered the planting in late April. They also found a crude coca processing lab nearby and are investigating "the possible involvement of foreigners."

Categories: Mandatory Minimums

Chronicle AM: Groups Oppose New Fed Bill, Still no DEA Research Grow Licenses, More... (7/5/17)

Mandatory Minimum Sentencing (STDW) - Wed, 07/05/2017 - 20:28

Drug reformers and others are trying to stop a bill that would give Attorney General Sessions new powers to criminalize new drugs and craft new penalties, after a year the DEA still hasn't issued any new marijuana research grow licenses, and more.

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

DEA Still Hasn't Issued Any New Marijuana Grower Licenses. Almost a year after the DEA announced it would allow more organizations to produce marijuana for research purposes, it has yet to do so. Although DEA has received 25 applications for research grows, it says it is still processing them and has no estimate for when any applications may be granted. There is increasing demand for research marijuana, as well as for more potent, more diverse, and higher quality marijuana than is being produced by the University of Mississippi under a NIDA monopoly it has enjoyed since 1968.

Massachusetts Lawmakers Get Back to Work on Crafting Legalization Implementation. The legislature missed a self-imposed Friday deadline for reaching agreement on competing legalization implementation bills in the House and Senate and the marijuana conference committee was set to meet today to try to seek agreement. Two big issues of dispute are tax rates and whether localities can ban pot businesses without a popular vote.

Industrial Hemp

West Virginia Joins the Ranks of Legal Hemp States. As of Tuesday, state residents can apply to the agriculture commissioner for a license to grow hemp for commercial purposes. Some growers grew hemp crops last year, but those were licensed research grows. Now, those growers can be licensed as commercial growers, too.

Drug Policy

Dozens of Reform Groups Send Letter to Congress Opposing New Drug War Bill. More than 60 civil rights, human rights, faith, criminal justice, and drug policy reform organization have sent a letter to the House Judiciary Committee opposing House Resolution 2851, the Stop the Importation and Trafficking of Synthetic Analogues Act of 2017. The measure is part of Attorney General Sessions' effort to reenergize the war on drugs and would give him sweeping new powers to schedule new drugs and set corresponding penalties, including new mandatory minimums. Similar legislation by Sens. Grassley and Feinstein has been filed in the Senate.

Categories: Mandatory Minimums

US: Pot Is Legal In Some States, But Not Others

Mandatory Minimum Sentencing (MAP) - Wed, 07/05/2017 - 07:00
Lexington Herald-Leader, 04 Jul 2017 - On a cool, rainy day, more than 200 people crowd under a tarp in the parking lot of Big Mama's Restaurant, bidding on bicycles, air rifles and marijuana posters to raise money to support a jailed local legend. They have a lot of work to do, because Cornbread Mafia leader Johnny Boone, captured in Canada and returned to Kentucky after eight years as a fugitive, faces life in prison if convicted on his third strike, for growing 2,421 marijuana seedlings on a farm. In 29 states and the District of Columbia, marijuana is legal for recreational or medicinal purposes, or both. But the federal government, while giving a virtual free pass to growers in states where marijuana is legal, continues to seek long mandatory minimum penalties against defendants in Kentucky and other states where it is not.
Categories: Mandatory Minimums

Chronicle AM: MJ Policy Keeps Northeast Busy, Major Louisiana Sentencing Reforms, More.... (6/16/17)

Mandatory Minimum Sentencing (STDW) - Fri, 06/16/2017 - 21:32

Marijuana policy continues to roil statehouses across the Northeast, a US senator and a congressman file identical medical marijuana protection bills, Louisiana -- the lock 'em up state -- enacts comprehensive sentencing reforms, and more.

[image:1 align:left]Marijuana Policy

Massachusetts to Get New Legalization Rewrite Bill on Monday. After criticism and errors in the text force the House leadership to pull its marijuana legalization rewrite bill this week, House committee chair Rep. Mark Cusack (D-Braintree) said a redrafted version of the bill would be released on Monday, with debate expected in the House on Wednesday. At issue are tax rates and a governance model for the industry.

New Jersey Arresting More People Than Ever for Marijuana, ACLU Report Finds. Marijuana arrests have climbed steadily in the state in recent years, with black residents three times more likely than whites to be targeted. The report, which analyzed FBI Uniform Crime Report and U.S. Census data from 2000 to 2013, comes as lawmakers are making a push to legalize marijuana in the state. The report found a steady increase in marijuana arrests over that period, from 19,607 in 2001 to 24,067 in 2013.

Rhode Island Legalization Advocates Offer Compromise Bill. Rep. Scott Slater (D-Providence) and Sen. Joshua Miller (D-Cranston), along with Regulate Rhode Island, have outlined a compromise bill that would legalize the possession of up to an ounce of marijuana starting July 1, 2018, with an advisory board to study the effects of legalization and report to the General Assembly next year on setting up a taxed and regulated system of marijuana commerce. Assembly leaders are pushing a bill that would defer legalization until a legislative commission studies the issue.

Vermont Governor Says Legalization Deal Still Possible. Gov. Phil Scott said Thursday an agreement with legislators on marijuana legalization is still possible this year. Scott vetoed the legalization bill last month, citing concerns about drugged driving and children. "We are still negotiating," Scott said. "They understand... what my reservations are in terms of what they're planning, but I still think it's workable." If an agreement is reached, House Republicans would have to agree to suspend the rules of the veto session to allow a vote on the pot bill. They do not sound very interested in that, but Scott has said that if he can reach agreement on a bill, he will try to persuade his GOP colleagues to allow a vote.

Medical Marijuana

Corey Booker, Steve Cohen File Identical Medical Marijuana Protection Bills. Tennessee Democratic Rep. Steve Cohen has filed House Resolution 2920, "to extend the principle of federalism to drug policy, provide access to medical marijuana, and enable research into the medicinal properties of marijuana." New Jersey Democratic Sen. Cory Booker has filed a companion bill, Senate Bill 1374, in the upper chamber.

Michigan Lawmakers File Medical Marijuana Billboard Ad Ban Bills. State Sen. Rick Jones (R) and Rep. Andy Schor (D) have filed identical bills that would effectively ban billboard for medical marijuana businesses. The bills are Senate Bill 463 and House Bill 4767. They are not yet available on the state legislative web site.

Pennsylvania Governor Warns Session Against Interfering with Medical Marijuana. In a sharply worded letter, Gov. Tom Wolf (D) warned Attorney General Jeff Sessions not to interfere with medical marijuana in the state. "For a lot of patients, this is the only medicine that works. So for him to go after medical cannabis is kind of flying in the face of science and the facts," said a spokesman for the governor.

Criminal Justice

Louisiana Enacts Comprehensive Criminal Justice Reforms. Gov. John Bel Edwards (D) on Thursday signed a package of 10 bills that shrink sentences, mostly for nonviolent offenders, and expand parole and probation and reentry opportunities for offenders. The state has the highest proportion of its population behind bars of any state, but Edwards predicts that the new laws will see the state's prison population falling by as much as 10% in the next decade. The bills are House Bills 116, 249, 489, 519, 680 681 and Senate Bills 16, 139, 220, 221. They can be viewed at the state legislative website.

International

British Columbia Court Throws Out Mandatory Minimums for Marijuana Producers. The BC Court of Appeals last week threw out the mandatory minimum sentence for people caught producing more than six marijuana plants, saying the law mandating it was unconstitutional. "I note that a six-month sentence is typical for a first-time trafficker involved in a relatively sophisticated commercial dial-a-dope operation. Imposing that sentence on a 19-year-old student or a migraine sufferer who is growing six plants intending to share them with friends would, in my view, be abhorrent to most Canadians," the trial court judge held, instead giving the man a suspended sentence. The government appealed, and lost last week.

Categories: Mandatory Minimums
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