Tuesday, 11 December 2018

Chronicle AM: Fed Criminal Justice Bill Will Get Senate Vote, Hemp is in Farm Bill, More... (12/11/18)

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Mitch McConnell changes course and okays a Senate vote on the First Step Act, McConnell ensures the hemp provision remains in the farm bill, a Moscow court ruling could run the city's only harm reduction NGO out of business, and more.

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

Illinois Pot Conviction Expungement Bill Gets More Support. A bill filed by Rep. La Shawn Ford (D-Chicago) that would allow people to clear low-level marijuana convictions has picked up support from the legislative leadership. Assistant Majority Leader Kimberly Lightford (D-Chicago) announced last Friday that she was supporting the bill. The state decriminalized the possession of up to 10 grams in 2016, but that law didn't address those who had already been convicted of small-time pot possession.

Sentencing Reform

In Last Minute Switch, McConnell Says Reform Bill Will Get a Senate Vote. Senate Majority Leader Mitch McConnell (R-KY) said Tuesday that he will bring a prison and sentencing reform bill, S. 3649, to the Senate floor for a vote. "At the request of the president and following improvements to the legislation that has been secured by several members, the Senate will take up the recently revised criminal justice bill," McConnell said from the Senate floor. The move comes after McConnell just last week said there wasn't time to deal with the bill, and time remains a critical factor. The House earlier this year passed a prison reform bill that didn't include sentencing reforms, so if the bill passes the Senate, it will have to go back to the House for approval. This is by no means a done deal, but at least limited sentencing reform remains alive at this point.

Industrial Hemp

Final Version of Farm Bill Includes Hemp Provision. The omnibus farm bill set to be passed by the Senate this month includes the legalization of industrial hemp. That would allow US farmers to cultivate, process, and sell hemp. The hemp provision is being championed by Senate Majority Leader Mitch McConnell (R-KY). The bill had originally included a ban on people with felony drug convictions, but under a compromise, that ban would end after 10 years.

International

New Zealand Legalizes Medical Marijuana. The government has approved a bill that will make medical marijuana widely available for thousands of patients over time but will at first be limited to terminally ill patients. The move comes ahead of a nationwide referendum on recreational marijuana sometimes in the next two years.

Moscow Court Imposes Punishing Fine on City's Sole Harm Reduction NGO. A Moscow court has ordered the Andrey Rylkov Foundation, the city's only harm reduction non-profit, to pay a fine of $10,000 for publishing what it called "drug propaganda." The foundation aroused the ire of the court by publishing safety advice about synthetic cathinones ("bath salts") in a drug users' newsletter. The advice didn't recommend taking those drugs but urged users to be careful if they did. The fine, which Amnesty International has described as "suffocating," could drive the foundation out of business if it can't come up with the funds to pay it by Christmas, leaving Moscow without a single harm reduction NGO.


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Monday, 10 December 2018

Chronicle AM: Bill Barr's Drug Warrior Past, Iran Warns Sanction Could Bring "Deluge of Drugs," More... (12/10/18)

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Trump's sanctions could come back to bite us, Iran warns; Trump's new attorney general pick has some solid drug warrior credentials, the WHO postpones a recommendation on marijuana scheduling, and more.

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

Florida Governor-Elect to End Former Governor's Court Battles Over Medical Marijuana. Incoming Gov. Ron DeSantis (R) is parting ways with his predecessor, Rick Scott (R), when it comes to medical marijuana. A spokesman for DeSantis said last Friday that he is unwilling to continue Scott's court battles over the state's voter-approved medical marijuana law. "He is not interested in continuing that fight. I think he has a different perspective than Governor Scott," said spokeswoman Jeannette Nunez. "I think he wants the will of the voters to be implemented." 

Foreign Policy

US Sanctions Could Lead to "Deluge of Drugs," Iran Warns. If US sanctions imposed by the Trump administration weaken Iran's ability to contain the opium trade from neighboring Afghanistan, the result could be a "deluge" of drugs, President Hassan Rouhani warned in a speech carried on state television last Friday. "I warn those who impose sanctions that if Iran’s ability to fight drugs and terrorism are affected ... you will not be safe from a deluge of drugs, asylum seekers, bombs and terrorism, Rouhani said. "We spend $800 million a year to fight drugs which ensures the health of nations stretching from of Eastern Europe to the American West and North Africa to West Asia. Imagine what a disaster there would be if there is a breach in the dam," Rouhani said. "We don’t expect the West to pay their share, but they should know that sanctions hurt Iran's capacity to fight drugs and terrorism."

Law Enforcement

Trump's New Attorney General Pick Has Record as Drug Warrior. The president's pick to be the new attorney general, former Attorney General William Barr, may be less hostile to marijuana than Jeff Sessions, but as attorney general under George HW Bush, he pushed hard for more incarceration of drug offenders. More recently, he wrote a 2015 letter defending the criminal justice system as not in need of serious reform and defending mandatory minimum sentencing in particular, while encouraging Congress not to act on a sentencing reform bill. "It’s hard to imagine an Attorney General as bad as Jeff Sessions when it comes to criminal justice and the drug war, but Trump seems to have found one," Michael Collins, director of national drug affairs for the Drug Policy Alliance, said in a press release. "Nominating Barr totally undermines Trump’s recent endorsement of sentencing reform."

International

WHO Postpones Recommendation for Rescheduling Marijuana. Saying it needed more time to review findings, the World Health Organization (WHO) postponed making any recommendation on rescheduling marijuana. The recommendation was expected to be made at last Friday at the Commission on Narcotic Drugs meeting in Vienna, but that didn't happen. No new date has been provided.

Mexico's New Government Takes Aim at Cartel Finances. Mexican Financial Intelligence Unit head Santiago Nieto announced last Thursday that he had filed a complaint against three businesses and seven people linked to the Jalisco New Generation cartel. Nieto said that was only the opening salvo in the fight to stop organized crime from flourishing with impunity. 


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Oregon Initiative Would Decriminalize Psilocybin [FEATURE]

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An initiative that would decriminalize most psilocybin offenses and open the door to regulated production and therapeutic use of the psychedelic substance in Oregon is moving forward.

[image:1 align:left caption:true]Late last month, the secretary of state approved ballot title language for the Oregon Psilocybin Service Initiative. The next step is a signature-gathering drive to qualify the measure for the 2020 ballot. Some 117,578 valid voter signatures are required, and petitioners have until next July to obtain them.

Under the initiative, anyone possessing up to 50 grams of dried magic mushrooms or 10 doses of psilocybin would not be charged with a crime, but with a violation similar to a speeding ticket. The only punishment would be a fine. Similarly, distribution of up to 50 grams or 10 doses without a license would be a violation—unless that person has two or more prior felony convictions, in which case, he would be hit with a misdemeanor.

As quantities possessed increase, so do the potential penalties. Possession of more than 50 but less than 100 grams would still be a violation, except for the two prior felony folks, who would then face a misdemeanor. Possession of more than 100 grams but less than 500 would still be a violation, except for people with one or more previous felonies, who again would face a misdemeanor. Possession of more than 500 grams but less than a kilogram would be a misdemeanor for all. It would take possessing more than two kilograms to earn a felony charge for all.

Similarly, unlicensed sales of up to 50 grams or 10 doses would not be a crime but a violation punishable only by a fine-- unless that person has two or more prior felony convictions, in which case, he would be hit with a misdemeanor. Penalties gradually stiffen, but under the initiative, it would take the sale of more than 15 kilograms to trigger felony charges for anyone regardless of prior criminal history.

Under federal law, possession of any amount of psilocybin is a felony. Under Oregon state law, though, possession of small amounts is only a misdemeanor, although possession of "substantial amounts" (more than 60 grams) is a felony, as is distribution.

But while the changes in the state's criminal code would be significant, the primary goal of the petitioners is to clear the way for the therapeutic use of psilocybin via licensed and regulated producers, processors, and therapists.

"The intent of the 2020 Psilocybin Service Initiative of Oregon is to advance a breakthrough therapeutic model currently being perfected in research settings at top universities around the world," chief petitioners Tom and Sheri Eckert wrote on the campaign website. "The service model involves a sequence of facilitated sessions, including assessment and preparation, psilocybin administration, and integration afterward. We envision a community-based framework where licensed providers, along with licensed producers of psilocybin mushrooms, blaze trails in Oregon in accordance with evolving practice standards."

The move comes as both the public and the scientific community are shifting their opinions on marijuana and psychedelics. Recent studies have demonstrated the beneficial effects of therapeutic use, including reducing anxiety in people with cancer and as a treatment for depression and alcoholism. There is also new evidence that magic mushrooms are among the safest recreational drugs.

Oregon was a leader in marijuana decriminalization in the 1970s, medical marijuana legalization in the 1990s, marijuana legalization in 2014, and drug defelonization last year. Now, it's poised to lead the way on psychedelics. 


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Study: Crackdowns on Heroin, Pain Pills Gave Rise to Fentanyl Overdose Epidemic [FEATURE]

Friday, 7 December 2018

Chronicle AM: Prospects Dim for First Step Act, UT MedMJ Advocates File Suit, More.... (12/7/18)

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The surgeon general suggests it's time to revise federal drug schedules, the First Step Act is being held hostage by Mitch McConnell, Utah patient advocates sue to block a legislative gutting of the voter-approved medical marijuana law, and more.

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

Missouri Legalization Bill Filed. Rep. Brandon Ellington (D) has pre-filed House Bill 157, which would allow adults to possess up to two ounces of marijuana and grow up to six plants, with three plants flowering at one time. The bill does not create a system of taxed and regulated marijuana commerce.

Medical Marijuana

Utah Advocacy Groups Sue to Block Compromise Agreement on Medical Marijuana. A pair of patient advocacy groups filed suit Thursday to block a legislative agreement that supersedes the voter-approved medical marijuana initiative passed in November. The groups accuse the Mormon Church of unconstitutional interference in a process that led to the gutting of the measure approved by voters. The lawsuit seeks an injunction to set aside the revised medical marijuana law approved by the legislature and to keep the original version in the initiative.

Drug Testing

Wisconsin Lame Duck GOP Legislature Pushes Through Food Stamp Drug Testing. As part of the GOP-dominated legislature's effort to weaken the incoming Democratic governor and other state officials, the legislature passed a sweeping measure imposing restrictions on welfare recipients, including a requirement for drug screening and testing of people apply for food stamps. If outgoing Gov. Scott Walker (R) signs the bill, Wisconsin will be the first and only state that requires drug testing for many non-felon food stamp applicants.

Law Enforcement

Surgeon General Says Federal Drug Classification Scheme Needs Changes. The country's drug classification needs an overhaul, but that doesn't mean drugs should simply be decriminalized, US Surgeon General Jerome Adams said Thursday. "Our scheduling system is functioning, but not as ideally as it could," he said of the federal schedule for controlled substances maintained by the Drug Enforcement Administration and the Food and Drug Administration. "Things aren't static. We have to continue to evolve. Just as we need to look at our criminal justice laws, we need to look at our health laws and regulations, and that includes the scheduling system," Adams said.

Sentencing Reform

The Door is Closing on the Federal Prison and Sentencing Reform Bill. Prospects for passage of the First Step Act (S. 3649) grow dimmer as the clock ticks down on the end of the congressional session later this month. Senate Majority Leader Mitch McConnell hasn't made it official, but he has told Republicans there is almost no time left to take up the bill, and Senate Republicans left town Thursday afternoon without taking up the topic at two party lunches this week. "Each passing day they get less," said Sen. Rand Paul (R-KY) of the bill’s chances. "We’re still lobbying Sen. McConnell. He has all the power to allow it or not allow it."


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Thursday, 6 December 2018

Chronicle AM: Feds Warn on Denver Safe Injection Site, It's J-Day in Michigan, More... (12/6/18)

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Michigan became the first legal marijuana state in the Midwest today, the feds send a shot across the bow of an effort to get a safe injection site up and running in Denver, cartel violence challenges Mexico's new president, and more.

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

Michigan Marijuana Legalization Now in Effect. As of today, it is legal to possess up to 2.5 ounces of marijuana and grow up to 12 plants in Michigan. There is no public smoking allowed and driving under the influence will get you a ticket. The state's system of taxed and regulated marijuana sales, however, is not expected to be up and running until 2020.

New Yorkers Want to Legalize Marijuana to Fix the Subway. Lawmakers are eyeing legal marijuana tax revenues as a means of helping to modernize New York City's subway system. Subway officials say they'll need $40 billion to upgrade, and legal weed could help. "The biggest issue we hear about as elected officials is the state of the subway system," said Corey Johnson, the New York City Council speaker. "To be able to tie these things together is something that could be highly impactful and potentially transformative."

Harm Reduction

Denver DEA, US Attorney Warn City on Safe Injection Sites. As city and county officials move toward establishing a safe injection site for drug users, representatives of the federal government are warning that they are illegal and anyone involved could be looking at years in federal prison. In a joint statement, the feds were blunt: "Foremost, the operation of such sites is illegal under federal law.  21 U.S.C. Sec. 856 prohibits the maintaining of any premises for the purpose of using any controlled substance.  Potential penalties include forfeiture of the property, criminal fines, civil monetary penalties up to $250,000, and imprisonment up to 20 years in jail for anyone that knowingly opens, leases, rents, maintains, or anyone that manages or controls and knowingly and intentionally makes available such premises for use (whether compensated or otherwise).  Other federal laws likely apply as well." The feds also argued that safe injection sites don't actually produce claimed harm reduction benefits and that "these facilities will actually increase public safety risks" by "attracting drug dealers, sexual predators, and other criminals." Those claims are, at best, debatable.

International

Mexican Cartel Gunmen Kill Six Cops in Deadliest Attack of the AMLO Era. In the deadliest attack since President Andres Manuel Lopez Obrador (AMLO) took office last Saturday, gunmen of the Jalisco New Generation Cartel attacked police transporting a prisoner in Jalisco state, leaving six police officers dead. The attackers came in three vehicles and escaped, setting up roadblocks of burning vehicles they had commandeered. AMLO came into office pledging to quell widespread cartel violence. 


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Wednesday, 5 December 2018

Medical Marijuana Update

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Dispensaries come to Iowa, Utah's voter-approved medical marijuana law gets modified in the legislature, and more. 

[image:1 align:right]Iowa

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Minnesota

Minnesota Adds Alzheimer's to List of Qualifying Conditions. The state Department of Health announced Monday that it was adding the degenerative neurological disorder to the medical marijuana program, despite concerns about the effectiveness of treatment with marijuana. "Any policy decisions about cannabis are difficult due to the relative lack of published scientific evidence," said state Health Commissioner Jan Malcolm. "However, there is some evidence for potential benefits of medical cannabis to improve the mood, sleep and behavior of patients suffering from Alzheimer’s disease." Minnesota will become the 13th state to okay medical marijuana for Alzheimer's.

Pennsylvania

Pennsylvania to Consider Adding Qualifying Conditions. The state Medical Marijuana Advisory Board has approved a new process for expanding the state's list of qualifying conditions for medical marijuana and in coming weeks will begin accepting petitions for new qualifying conditions to be added to the list. Patient advocates are expected to petition for conditions such as depression, anxiety, and insomnia, among others.

Utah

Utah's Voter-Approved Medical Marijuana Law Amended. Lawmakers on Monday passed sweeping changes to the state's voter-approved medical marijuana law and Gov. Gary Herbert (R) immediately signed them into effect. The changes ban many marijuana edibles, prevent people from growing their own marijuana if they live far from a dispensary, and narrow the list of eligible medical conditions for which the drug can be obtained. Smoking medical marijuana wasn't allowed under the original ballot measure and still isn't. Opponents of the meddling with measure said the changes will create major obstacles for patients and are planning to sue to block the changes. "It's an almost complete disregard for the will of the people," attorney Rocky Anderson said.

 

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


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