Friday, 16 June 2017

Chronicle AM: Pot Policy Keeps Northeast Busy, LA Enacts Major Sentencing Reforms, More.... (6/16/17)

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Pot 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:right]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 Pot, 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 website.

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 re-entry 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 Pot 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. 


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Wednesday, 14 June 2017

This Week's Corrupt Cops Stories

Medical Marijuana Update

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Despite everything, Attorney General Sessions has medical marijuana on his mind, Florida lawmakers approve a no-smoking medical marijuana implementation bill, Vermont's governor signs a medical marijuana expansion bill, and more.

[image:1 align:right]National

On Monday, Ait was reported that Attorney General Sessions asked Congress to let him go after medical marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states "from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana." In a letter urging congresspeople to walk back the amendment, Sessions said the law would "inhibit [his department's] authority to enforce the Controlled Substances Act." Hat tip to Tom Angell at MassRoots, who first obtained the letter.

Arizona

Last Thursday, the state attorney general asked the state Supreme Court to reinstate a ban on campus medical marijuana. Attorney General Mark Brnovich (R) has asked the state Supreme Court to review an appeals court ruling that struck down a ban on medical marijuana on college campuses. The state is arguing that the legislature had the right to alter the voter-approved medical marijuana law so that college students with medical marijuana cards could face felony arrests for possession of any amount of marijuana.

Connecticut

Last Friday, the state took another step toward adding more qualifying conditions. Consumer Protection Commissioner Michelle Seagull announced that she would follow a recommendation from the Medical Marijuana Program Board of Physicians to include three new conditions among the list of qualifying conditions for medical marijuana use. They are hydrocephalus with intractable headaches, intractable migraines, and trigeminal neuralgia. Seagull will now draft a new regulation by the end of the month, and after that, there will be a 30-day public comment period, then a review by the office of the attorney general, and then the approval of the Regulation Review Committee of the General Assembly. The whole process could take another year.

Florida

Last Friday, the medical marijuana implementation bill passed the legislature. Lawmakers used a special session to come to an agreement on how to handle medical marijuana. Under the proposal approved by the legislature, which Gov. Rick Scott (R) says he will sign, the state will gain an additional ten medical marijuana operators within four month. Each operator can operate up to 25 dispensaries across the state. But the bill also bans the smoking of medical marijuana even though the constitutional amendment approved by voters last November expressly included a provision that allows smoking. That has led Orlando lawyer John Morgan, who largely bankrolled the amendment, to vow to sue the state over the no-smoking provision.

Vermont

Last Thursday, the governor signed a medical marijuana expansion bill. Gov. Phil Scott (R) signed into law Senate Bill 16, which expands the list of qualifying conditions for medical marijuana. The new conditions added are Parkinson's disease, Crohn's disease, and PTSD. The new law also increases the number of dispensaries in the state from four to five.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]


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Chronicle AM: Sessions Sought Free Rein to Go After MedMJ, VT Pot Legalization Still Alive, More... (6/14/17)

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Lots of marijuana policy news today, plus GOP Rep. James Sensenbrenner files a bill to reauthorize the Second Chance Act. 

[image:1 align:left]Marijuana Policy

California Pot Shops Could Sell Both Recreational and Medical Marijuana Under New Proposal. Gov. Jerry Brown (D) and state legislators proposed Monday to allow medical and recreational marijuana to be sold by the same shops. The move was one of dozens of new regulations aimed at merging the medical and recreational marijuana industries contained in budget bills released Monday.

Nevada Lawsuit That Threatens July 1 Sales Date Still Alive. A Carson City district court judge on Tuesday denied the state's motion to dismiss a lawsuit brought by liquor distributors seeking a cut of the action in the state's emerging legal marijuana industry. The liquor distributors have won a temporary restraining order holding up the implementation of the state's marijuana sales law until their lawsuit is settled. The distributors claim the state's regulations for licensing marijuana distributors are arbitrary and unfair. This means the state's early July 1 legal sales goal is in jeopardy.

Nevada Governor Signs Three Pot Bills, Vetoes One. Gov. Brian Sandoval (R) has signed  a bill setting a 15% wholesale tax on both medical and recreational marijuana (Senate Bill 478), and bills adjusting medical marijuana regulations (Senate Bill 344 and Assembly Bill 422), but vetoed a bill that would have allowed those convicted of past marijuana-related crimes involving an equal or lesser amount of what’s now legal to have that crime vacated from their criminal records (Assembly Bill 259).

Rhode Island Legislature to Vote on Study Bill, But Advocates Say No Thanks. Marijuana legalization supporters said Wednesday they will not participate in a legalization study commission if it is approved by the General Assembly, calling it "a flawed delay tactic." Instead, Regulate Rhode Island is calling on legislative leaders to vote on a bill that would legalize personal possession and cultivation, but include no immediate plans for taxed and regulated marijuana commerce.

Vermont Governor, Legislative Leaders Move Toward Compromise on Legalization. After Gov. Phil Scott (R) vetoed the legalization bill, Senate Bill 16, he said he didn't oppose legalization in principle, but had concerns about youth use and impaired driving. He also said he wanted a study commission in the bill to have more time to examine how the state could implement legal marijuana commerce. Now, legislative leaders say they have come up with compromise language that addresses his concerns, including tougher penalties for selling to children and longer sentences for smoking in a car when a child is present. A spokesman for the governor said "We're making good progress toward an agreement." Legislators will need Republicans to waive a rule to bring the issue up for consideration during a looming special session, but Scott said if an agreement on the bill could be reached, he would seek to persuade Republican legislators to allow it to be taken up.

Medical Marijuana

Attorney General Session Asked Congress to Let Him Go After Medical Marijuana. Attorney General Sessions sent a letter to Congress last month asking leading members to reject a federal law letting medical marijuana states set their own policies. The Rohrabacher-Farr amendment to the Justice Department budget bars the use of federal funds to prevent states "from implementing their own State laws that authorize the use, distribution, possession or cultivation of medical marijuana." In a letter urging congresspeople to walk back the amendment, Sessions said the law would "inhibit [his department's] authority to enforce the Controlled Substances Act." Hat tip to Tom Angell at MassRoots, who first obtained the letter.

Re-entry/Rehabilitation

Rep. Sensenbrenner Files Second Chance Act Reauthorization Bill. Rep. Jim Sensenbrenner( R-WI) has filed House Resolution 2899 to reauthorize the Second Chance Act of 2007. That law provides funding to state, local, and tribal governments that are working to reduce recidivism and improve outcomes for people getting out of jail or prison. 


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