Court Rulings

DC’s mayor will fight for legalization, a Montana judge blocks most of a restrictive medical marijuana law, a New York county’s misdemeanor drug bust asset forfeiture law gets vetoed, Thailand will review drug sentences, and more. Let’s get to it:

DC Mayor Says She Will “Explore Every Option” to Get Legalization Enforced. Appearing on Meet the Press Sunday, new Washington, DC, Mayor Muriel Bowser stuck up for the District’s voter-approved marijuana legalization law. In the face of opposition in the Republican Congress, Bowser said the city will “explore every option,” up to and including a lawsuit against Congress, to ensure that the will of the voters is respected. She said the city would send the measure to Congress this month.

Washington State Bill Would Make Old Pot Convictions Go Away. People convicted of misdemeanor marijuana offenses in the past could have a chance to clear their records under a bill pre-filed for this year’s legislative session. House Bill 1041, sponsored by Rep. Joe Fitzgibbon (D-Vashon Island), would allow for the vacating of past pot offenses, but only if there are no pending criminal charges or any new charges since the misdemeanor pot conviction. Neither would people with a history of DUI charges, violent or obscene offenses, or domestic violence charges be eligible.

Medical Marijuana

South Dakota Medical Marijuana Billboard Go Up. Billboards pushing for medical marijuana and paid for by the Sioux Falls Free Thinkers are going up this week in South Dakota’s largest city. The move comes as advocacy groups, including South Dakota Against Prohibition, work to get a medical marijuana bill through the legislature this session. South Dakota legislators have consistently rejected medical marijuana, and so have the state’s voters. Past efforts to legalize medical marijuana at the ballot box failed in 2006 and 2010.

Montana Judge Blocks Some Restrictions on Medical Marijuana. A state district court judge last Friday dealt a death blow to provisions of a restrictive state medical marijuana law passed by the Republican-dominated legislature seven years after Big Sky voters approved a more open initiative allowing for medicinal use and a wide open dispensary scene. District Judge James Reynolds in Helena permanently enjoined the implementation of certain key provisions in the law. Those provisions have never actually taken effect because Reynolds blocked them with a temporary injunction back in 2011. Click on the title link for more details.

Asset Forfeiture

Orange County, NY, County Exec Vetoes Misdemeanor Asset Forfeiture Ordinance. Orange County Executive Steven Neuhaus has vetoed an asset forfeiture law that would have allowed for the seizure of cash and property from people arrested for misdemeanor drug offenses. “While the legislation’s concept to punish criminals who threaten public safety is something I am supportive of; still, the measure’s final result leaves open the possibility of affecting innocent individuals,” he said last Friday. “Moreover, the fact that revenue would largely go toward the general cost of government, rather than exclusively preventing future criminal activity is troubling to many.”

Sentencing

Obama’s Plan for Mass Commutations of Drug Sentences Hitting Roadblocks. President Obama’s announced goal of commuting thousands of federal drug sentences is running into problems. Although some 25,000 prisoners have applied for sentence cuts, only eight were handed out last month when Obama announced Christmas pardons and commutations. The Justice Department is struggling to determine which sentences have been influenced by the crack-powder cocaine sentencing disparity and it lacks the lawyers to make a significant dent in the backlog. Advocacy groups have formed the Clemency Project 2014 to recruit private attorneys to help, but that is creating its own sets of issues. Much, much more at the link.

Methamphetamine

Meth Pouring Across California-Mexico Border. US Customs and Border Protection reports that meth is coming across the Mexican border into California at unprecedented levels. Agents seized more than 14,000 pounds of the drug in FY 2014, accounting for nearly two-thirds of all meth seizures at the US border or points of entry. Seizures in California have increased nearly five-fold since 2009, when a US federal law made the procurement of precursor chemicals in this country more difficult.

International

Thailand to Review Drug Sentencing. The country’s Narcotics Control Board is meeting this week to consider revising drug sentences. Board Secretary-General Pempong Koomchaya said the laws are too stiff in many instances. “The imprisonment term for drug smugglers across the board is between 10-20 years although many smugglers are found with only 12 pills in their possession. About 60-70% of the arrested drug offenders have in possession less than 50 pills. Jailing them causes overcrowding at prisons also,” he said. Pempong said some sentences must be made more lenient and that revisions in the law should be ready by the end of the month.

Israeli Farmers Eye Expanded Medical Marijuana Opportunities. The Health Ministry is expected to announce later this month it will open bids for additional medical marijuana providers. The tender is set to be published January 31, with results expected in March. Some farmers see new opportunities for profit—and for lower prices for patients. Click on the link for more.