Chronicle AM: House Passes Unemployment Drug Test Bill, Houston Decriminalizes, More… (2/16/17)

The House appoves 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 pot possession (in most cases), and more.

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

Arizona PAC Plans to File 2018 Legalization Initiative. A political action committee called Safer Arizona was set to file a marijuana legalization initiative with state officials Thursday. Arizona voters narrowly devoted a similar measure last year, but organizers say this one will have some differences, including requiring that people be at least 21 before they can buy it. They will have to gather 150,000 valid voter signatures by July to qualify for the 2018 ballot.

Guam Legalization Bill Gets Hearing. In a hearing Tuesday on a marijuana legalization measure, Bill 8-34, representatives of the judiciary said they took no position on the bill, but cautioned that implementing legalization would require a review of the island territory's entire criminal code. Guam Customs and Quarantine acting chief, Maj. Phillip Taijeron also testified, saying he supported the will of the people. “If the will of the people is to enact Bill 8-34, then I am in support of Bill 8-34,” Taijeron said. 

New York State Assembly Passes Landmark Legislation to Seal Past Marijuana Possession Convictions. The Assembly voted Tuesday in favor of Assembly Bill 2142, which would seal the criminal records of people who have been unjustly and unconstitutionally arrested for simple possession of marijuana in public view. The vote was 95 in favor and 38 opposed.This sealing legislation has taken on increased importance amid the Trump Administration’s rhetoric and actions targeting immigrant communities. On the national level, simple marijuana possession is the fourth most common cause of deportation, according to the report “Secure Communities and ICE Deportations: A Failed Program?” Sealing records will provide a measure of protection for immigrants by making it difficult or impossible for immigration authorities to meet their legal burden of proof for a judge to find a lawful permanent resident deportable. Additionally, sealing will guard against the Trump administration’s Executive Order targeting noncitizens with any criminal arrests and/or convictions for deportation. If the arrest is also sealed and the sealed information is not shared with the FBI, these individuals may be at lower risk of becoming an enforcement target.

Houston to Decriminalize Pot Possession. The nation's fourth largest city is ready to decriminalize small-time pot possession. As of March 1, under a new “Misdemeanor Marijuana Diversion Program,” in most circumstances people caught with an ounce or less will face no jail, no tickets, no court appearances and no criminal record. Houston and surrounding Harris County have spent $200 million prosecuting 100,000 pot possession cases in the past decade, with “no tangible public safety benefit,” said District Attorney Kim Ogg (D), who took office this year.

Medical Marijuana

Indiana Senate Passes Limited CBD Bill. A measure that would allow people with epilepsy to use low-THC cannabidiol oil passed the Senate Tuesday. The measure, Senate Bill 15, now moves to the House.

Virginia Republicans Kill CBD Expansion Bill. Patient advocates burst into tears Wednesday night as six House Republicans voted to kill a major expansion of the state's CBD law, which limited its use to people with epilepsy. Senate Bill 1298 would have expanded the law to allow its use for treatment for 13 more conditions, but the bill was killed by a 5-6 party line vote in the subcommittee that writes criminal law.

Asset Forfeiture

Colorado Cops Lobby Hard, Defeat Asset Forfeiture Reform. A proposal to expand oversight of police seizures of property was defeated in a party line vote in a Senate committee Wednesday, with Republicans casting all the “no” votes. The measure, Senate Bill 17-136, would also have prevented law enforcement agencies from turning property over to the federal government to get around state restrictions unless the property was worth more than $50,000. The vote came after a parade of law enforcement officers testified against the bill.

Drug Testing

House Approves Measure Aimed at Expanding Drug Testing of People Who File for Unemployment Assistance. The House approved H.J. Res 42, which would repeal a recently finalized Department of Labor rule that interpreted a 2012 federal law that permits states to drug test people who file for unemployment insurance in certain circumstances. Advocates see the repeal of the Department of Labor rule as a first step by some Republicans in Congress at undoing federal restrictions on states conditioning receipt of unemployment and other forms of public assistance on a drug test. The measure now goes before the Senate.

Sentencing

Kentucky Senate Passes Bill Toughening Penalties for Heroin, Fentanyl Sales. The Senate voted unanimously Thursday to approve a bill increasing penalties for people trafficking even the smallest amounts of heroin and fentanyl. The measure, Senate Bill 14, rolls back sentencing reforms enacted in 2011. Under those reforms, trafficking less than two grams of the drugs is a Class D felony; under this bill, that gets bumped up to a Class C felony. A Class D felony is worth one to five years in prison; a Class C felony garners five to 10 years.

Ohio House Approves Bill to Restore Cocaine Sentencing Based on Filler Weight. The first bill to pass out of the House this session is

, which reverses a state Supreme Court ruling that only the weight of actual cocaine—not filler—be used when imposing stiffer sentences for possession and trafficking. Under the bill, prosecutors would be able to sentence defendants based on the weight of the entire mixture. Under the bill, a pound of powder that contained only a gram of cocaine would be considered a pound of cocaine for sentencing purposes. The bill now moves to the Senate.