Biden IRS Doesn't Support Pot Shop's Tax Fight, Myanmar Opium Down But Meth Is Up, More… (2/15/21)

South Dakota's Republican attorney general won't defend the state's voter-approved marijuana legalization amendment any further, a Michigan court rules people on probation can use medical marijuana, and more.

Marijuana Policy

Biden Administration Opposes Marijuana Dispensary's Tax Fight for Supreme Court Review. In one of the first actions regarding marijuana in the Biden administration, the IRS has argued against a Denver-based dispensary, Standing Akimbo LLC, having its case heard in the US Supreme Court. The dispensary is seeking to challenge an IRS rule that business tax deductions cannot be taken by marijuana businesses because marijuana remains illegal under federal law.

Delaware Marijuana Legalization Bill Coming Soon. State Rep Ed Osienski (D-Newark) says he plans to submit a marijuana legalization bill by the time lawmakers return from their February break on March 9 and that he is optimistic about its prospects. "It's close, it's close," he said. "We're talking one or two votes" away from approval in the House." Gov. John Carney (D) has consistently opposed legalization, but Osienski is suggesting Carney could let the bill become law without signing it.

South Dakota Attorney General Will Not Join Appeal of Ruling That Marijuana Legalization Amendment Is Unconstitutional. Although the attorney general's office generally defends state laws when they are challenged in court, SD Attorney General Jason Ravnsborg's (R) office will not help appeal a state judge's ruling that the marijuana legalization amendment passed by voters last November is unconstitutional. Ravnsborg's boss, Gov. Kristi Noem (R) opposes marijuana legalization. A deputy attorney general defended the amendment in lower court, and Ravnsborg's office says that satisfies the state law's requirements. An appeal to the state Supreme Court by attorneys associated with the campaign is ongoing.

(The South Dakota code states that ""… the attorney general shall… appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party.")

Medical Marijuana

Michigan Appeals Court Upholds Right of People on Probation to Use Medical Marijuana. The state Court of Appeals has ruled that judges cannot prevent people from using medical marijuana as a condition of probation. The ruling came after a Traverse County district court judge barred Michael Thue from using medical marijuana while on probation, saying it was a policy of circuit court judges in the county. But the appeals court ruled that anyone who has a state-issued medical marijuana card is immune to such penalties.

Criminal Justice

Key Senate Judiciary Subcommittee Gets Booker, Cotton as Chair, Ranking Member. The Senate Judiciary Committee announced Sunday that the Subcommittee on Criminal Justice and Counterterrorism, where issues extremely relevant to drug and sentencing policy are the focus, will be chaired Senator Cory Booker (D-NJ), with Senator Tom Cotton (R-AR) named ranking member. Booker is a criminal justice and drug law reform stalwart; Cotton is one of the most regressive members of the Senate on criminal justice.

International

UNODC Reports That Myanmar Opium Production Drops While Meth Surges. A UN Office on Drugs and Crime (UNODC) report released last Thursday finds that opium production has dropped in Myanmar, the world's second-larges poppy producer after Afghanistan has dropped to around 405 metric tons, about half the amount recorded in 2013. Instead, the Golden Triangle drug trade is now dominated by methamphetamine production. "Opium production is down 11 to 12% on the previous year," said Jeremy Douglas, UNODC Southeast Asia and the Pacific Regional representative. "This decline is intimately linked to the surge of synthetic drugs."