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Drug War Chronicle, Issue #961 -- 2/18/17
Phillip S. Smith, Editor,psmith@drcnet.org http://stopthedrugwar.org/chronicle/961

A Publication of StoptheDrugWar.org
David Borden, Executive Director,borden@drcnet.org
"Raising Awareness of the Consequences of Drug Prohibition"

Table of Contents:

1. IN THE TIME OF TRUMP, CAN CONGRESS TAKE THE LEAD ON MARIJUANA POLICY? [FEATURE]
The Trump administration may be an opportunity for Congress to take charge on marijuana policy.
http://stopthedrugwar.org/chronicle/2017/feb/13/time_trump_can_congress_take_lea

2. TRUMP GOES FULL NIXON ON LAW-AND-ORDER, VOWS 'RUTHLESS' WAR ON DRUGS AND CRIME [FEATURE]
"We have no choice" but to double down on failed drug war and crime-fighting strategies, the president claims.
http://stopthedrugwar.org/chronicle/2017/feb/13/trump_goes_full_nixon_lawandorde

3. MEDICAL MARIJUANA UPDATE
It's all red state medical marijuana news this week, reflecting the slow spread of acceptance to even the most conservative corners of the country.
http://stopthedrugwar.org/chronicle/2017/feb/15/medical_marijuana_update

4. THIS WEEK'S CORRUPT COPS STORIES
A dozen TSA agents get popped in a massive, long-term cocaine smuggling scheme, a former DEA Special Agent-in-Charge gets his hand slapped for lying about owning a strip club, and more.
http://stopthedrugwar.org/chronicle/2017/feb/15/weeks_corrupt_cops_stories

5. CHRONICLE AM: STATES' RIGHTS MARIJUANA BILL FILED, TROUBLE IN MOROCCO'S RIF, MORE... (2/8/17)
A federal bill to let states experiment with marijuana policy is back, CBD cannabis oil and medical marijuana study bills advance at the statehouse, trouble is bubbling up in Morocco's hash-producing regions, and more.
http://stopthedrugwar.org/chronicle/2017/feb/08/chronicle_am_states_rights_marij

6. CHRONICLE AM: DRUG WARRIOR JEFF SESSIONS IS AG, NY GOV CALLS MARIJUANA GATEWAY DRUG, MORE... (2/9/17)
A man who thinks marijuana users aren't "good people" is now the US attorney general, New York's Democratic governor cites the gateway theory as he opposes marijuana legalization, North Dakota lawmakers kill a welfare drug testing bill, and more.
http://stopthedrugwar.org/chronicle/2017/feb/09/chronicle_am_drug_warrior_jeff_s

7. CHRONICLE AM: TRUMP ROLLS OUT CRIME & DRUG WAR, BRAZIL TOP JUDGE SAYS LEGALIZE, MORE... (2/10/17)
Donald Trump takes a hard line on crime and drugs, a new Michigan poll has support for marijuana legalization at an all time high, a Brazilian Supreme Court justice calls for an end to the drug war there, and more.
http://stopthedrugwar.org/chronicle/2017/feb/10/chronicle_am_trump_rolls_out_cri

8. CHRONICLE AM: LOS ANGELES POT SHOP VOTE LOOMS, NM LEGALIZATION BILL STALLS, MORE... (2/13/17)
Los Angeles voters go to the polls next month to decide on permitting dispensaries and pot shops, a New Mexico legalization bill hits a bump in committee, an Ohio bill would restore tough cocaine sentences based on the weight of filler -- not actual
cocaine -- and more. http://stopthedrugwar.org/chronicle/2017/feb/13/chronicle_am_los_angeles_pot_sho

9. CHRONICLE AM: NM SENATE ON MEDMJ & HARM REDUCTION; IOWA STUDENTS WIN SPEECH CASE, MORE... (2/14/17)
Medical marijuana and harm reduction measures advance in New Mexico, a police drug field test kit maker is being sued by a Florida man busted for the glaze on his Krispy Kreme donuts, Idaho considers ending mandatory minimums for drug offenses, and more.
http://stopthedrugwar.org/chronicle/2017/feb/14/chronicle_am_nm_senate_medmj_har

10. CHRONICLE AM: HOUSE GOP WANTS TO DRUG TEST FOR UNEMPLOYMENT BENEFITS, MORE... (2/15/17)
Vermont's GOP governor throws up an obstacle to marijuana legalization, the House GOP is set to vote to force unemployed workers to take drug tests before receiving their earned benefits, the rightist mayor of South America's largest city turns his back
on harm reduction, and more. http://stopthedrugwar.org/chronicle/2017/feb/15/chronicle_am_house_gop_wants_dru

11. CHRONICLE AM: HOUSE PASSES UNEMPLOYMENT DRUG TEST BILL, HOUSTON DECRIMINALIZES, MORE... (2/16/17)
The House approves a bill that could open the door to states drug testing people seeking unemployment benefits, harsh sentencing bills advance in Ohio and Kentucky, Houston decriminalizes marijuana possession (in most cases), and more.
http://stopthedrugwar.org/chronicle/2017/feb/16/house_passes_unemployment_drug_testing

12. CHRONICLE AM: AL BILL HAS MANDATORY LIFE W/O PAROLE FOR POSSESSING OUNCE OF FENTANYL, MORE... (2/17/17)
The Alabama legislature ponders harsh drug sentences not seen since the last century, decriminalization is picking up some support in Texas, China announces scheduling controls on fentanyl, and more.
http://stopthedrugwar.org/chronicle/2017/feb/17/chronicle_am_al_bill_has_mandato

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================

1. IN THE TIME OF TRUMP, CAN CONGRESS TAKE THE LEAD ON MARIJUANA POLICY? [FEATURE]
http://stopthedrugwar.org/chronicle/2017/feb/13/time_trump_can_congress_take_lea

This article was produced in collaboration with AlterNet and first appeared here (http://www.alternet.org/drugs/time-trump-can-congress-take-lead-marijuana-policy).

While the marijuana community -- consumers, industry, and advocates alike -- eyes with trepidation the reign of avowed drug warrior Jeff Sessions at the Justice Department, the Trump executive branch isn't the only game in town when it comes to making
marijuana policy. Congress is back in session, and after last November's legalization and medical marijuana victories at the polls, the pot state delegation is larger than ever.

And at least some of those senators and congressmen and women representing the 28 states (and the District of Columbia) that have embraced medical marijuana and the eight states plus DC that have so far gone for adult legalization, are gearing up to
fight for reform at the Capitol.

A nascent congressional Cannabis Caucus formed in December is preparing a plethora of bills for the current session, and its members say they are optimistic about their chances, even in the time of Trump -- and Republicans holding every committee chair
in both houses. It's because Congress is riding the marijuana wave, too, said caucus founder and co-chair Rep. Earl Blumenauer (D-OR).

"This Congress is going to be a little better than last Congress, and last Congress was better than the one before that," he said in an interview this week with The Cannabist (http://www.thecannabist.co/2017/02/06/congress-marijuana-legislation-cannabis-
caucus/72897/). "It's very interesting watching the momentum build."

That momentum derives from public opinion polls consistently showing nationwide majorities favoring legalization and, more importantly, the actual victories at the polls in November, where legalization went four for five and medical marijuana went four
for four.

"It's easier for people to embrace much of what we're doing legislatively," he said. Fixing industry-critical concerns such as the lack of operating expense deductions or access to financial services for state-legal businesses or barriers to medical
marijuana research are now mere "housekeeping" issues, he added.

Nonetheless, fixes still have to get through the Congress. They haven't so far, and it's a long way between filing a bill and seeing it signed into law. Still, Blumenauer and colleagues will be pushing harder than ever.

He is joined in the Cannabis Caucus by co-chairs Reps. Jared Polis (D-CO), Dana Rohrabacher (R-CA), and Don Young (R-AL). The bipartisan grouping is notably made up of representatives from vanguard legalization states, but by no means all of them --
California alone has 53 House members -- and there is certainly room for more to come on board.

"I'm more hopeful than ever before that we can move legislation like the Regulate Marijuana Like Alcohol Act," Polis told The Cannabist, referring to last session's H.R. 1013 (https://www.congress.gov/bill/114th-congress/house-bill/1013/text), which
picked up 19 cosponsors and was referred to a slew of subcommittees, but never even got a hearing.

That bill was one of about two dozen pot-related proposals filed in the last session, and they're already starting to pile up again this session. While Blumenauer told The Cannabist more were to come, here's what's on the table so far:

H.R. 331 (https://www.congress.gov/bill/115th-congress/house-bill/331) -- Filed by Rep. Barbara Lee (D-CA), the States' Medical Marijuana Rights Protection Act would block federal civil asset forfeiture aimed at the owners of state-legal medical
marijuana operations.

H.R. 714 (https://www.congress.gov/bill/115th-congress/house-bill/714) -- Filed by Rep. H. Morgan Griffith (R-VA), the Legitimate Use of Medicinal Marihuana Act would move marijuana to the Controlled Substance Act's Schedule II, opening the door to more
research and, potentially, doctors' ability to prescribe (as opposed to recommend) marijuana for patients. It would also bar the use of that act or the Food, Drug, and Cosmetic Act to interfere with medical marijuana in states where it is legal.

H.R. 715 (https://www.congress.gov/bill/115th-congress/house-bill/715) -- Also filed by Rep. Griffith, the Compassionate Access Act would reschedule marijuana, provide for its medical use under state laws, and remove CBD (cannabidiol) from the definition
of marijuana.

H.R. 975 (https://www.govtrack.us/congress/bills/115/hr975) -- Filed by Cannabis Caucus co-chair Rep. Rohrabacher, the Respect State Marijuana Laws Act would exempt people and entities from certain provisions of the Controlled Substances Act if they are
acting in compliance with state laws. Rohrabacher authored similar legislation in the last Congress, garnering 20 cosponsors, including seven Republicans.

There is no outright federal marijuana legalization bill out there yet this session, but expect to see Rep. Polis come back with his bill or perhaps Bernie Sanders reviving his bill to end federal marijuana prohibition, or both. Given political realities
on the Hill, though, the Cannabis Caucus will likely save its political capital for fights it might be able to win, such as fixing the tax and banking problems facing the industry.

Another key battleground -- and one where marijuana advocates have actually won before -- is the appropriations process. The Justice Department and the DEA can't go after marijuana in legal states if Congress bars them from spending any federal funds to
do so, and that's exactly what Congress did when it approved the Rohrabacher-Farr Medical Marijuana Amendment (http://www.thecannabist.co/tag/rohrabacher-farr-medical-marijuana-amendment/) last session.

If a similar amendment were to succeed again, even if Attorney General Sessions wanted to call out the cavalry, he couldn't buy the horse feed, and it wouldn't matter how many nasty memos his deputies wrote.

And while his past pronouncements are indeed worrisome, he was quite coy at his nomination hearings, saying that he "won't commit to never enforcing federal law," but adding that enforcement priorities are "a problem of resources for the federal
government."

Sessions did add later in the hearings that it's not "the attorney general's job to decide what laws to enforce," but suggested that his former colleagues could settle things once and for all.

"I think one obvious concern is that the United States Congress has made the possession of marijuana in every state and distribution of it an illegal act," he said. "If that something is not desired any longer, Congress should pass the law to change the
rule."

And then there's Sessions' boss, President Trump. While he projects a law and order image and has campaigned against "drugs," the drugs he seems most concerned about are heroin and the prescription opioids -- not pot. He's also suggested in the past a
willingness to let states experiment on marijuana policy, and he has a lot of other things on his plate. It's not at all clear he would let Sessions unleash a war on weed even if he wanted to.

Earl Blumenauer doesn't think Trump wants to charge into this particular melee.

"This is a struggle and will continue to be, but this is something where I honestly don't think the new administration, which has probably enough controversy on its hands, is going to knowingly pick a fight with what, almost without exception, was
approved by local voters," Blumenauer said.

To ensure that Sessions doesn't strike out, "we need to make the case directly to Trump" about the economic potential of the marijuana industry, said Polis. But until federal marijuana prohibition is ended, "the industry really exists at the discretion
of the president and the attorney general, and that's a dangerous place to be," he added.

Well, and Congress, too. It holds the purse strings, after all.

Marijuana policy is going to be at play in the 115th Congress. Ending federal prohibition remains the Holy Grail, but in the meantime, there are concrete actions Congress can take to protect medical and legal marijuana and the industry it's creating. Now,
let's see if the Cannabis Caucus can lead the way to some victories.



================ ...


___________________

It's time to correct the mistake:
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Cops say legalize drugs--find out
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Stoners are people too: <http://www.cannabisconsumers.org>
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