Chronicle AM: Trump AG Open to States Setting Pot Policy, Federal Reentry Bill Filed, More… (4/10/19)

Trump's attorney general is down with letting states decide their own pot policies, New York City bans most pre-employment drug testing for marijuana, a federal bill to increase educational opportunities for prisoners gets filed, and more.

Marijuana Policy

Attorney General Barr Says States Rights Marijuana Bill Better Than Status Quo. In remarks before the Senate Appropriations Committee Wednesday, Attorney General William Barr said he would rather Congress pass a bill allowing states to legalize marijuana than continue with the status quo, where federal law conflicts with legalization in a number of states. Asked about the STATES Act, which would protect legal marijuana states from federal interference, Barr said he preferred marijuana prohibition, but acknowledged that was a losing proposition. "The situation that I think is intolerable and which I'm opposed to is the current situation we're in, and I would prefer one of two approaches rather than where we are," Barr said. "Personally, I would still favor one uniform federal rule against marijuana but, if there is not sufficient consensus to obtain that, then I think the way to go is to permit a more federal approach so states can make their own decisions within the framework of the federal law and so we're not just ignoring the enforcement of federal law."

New York City Council Bans Employers from Drug Testing for Marijuana. The city council on Tuesday passed a bill that would ban most public and private employers from requiring job candidates to undergo a pre-employment test for the presence of THC. There are exceptions for workers in construction, caregiving professions, and law enforcement. "We need to be creating more access points for employment, not fewer," Public Advocate Jumaane Williams said in a release. "It makes absolutely no sense that we're keeping people from finding jobs or advancing their careers because of marijuana use."

Medical Marijuana

Arizona Prosecutor Still Prosecuting Medical Marijuana Patients, ACLU Charges. The Maricopa County Attorney's Office under ardent marijuana foe Bill Montgomery is continuing to prosecute medical marijuana patients for extracts even as the legality of that move is being litigated before the state Supreme Court. The state law is unclear on whether extracts and hashish are covered, but such products are widely available in the state, and the ACLU wrote to Montgomery that he needs to quit prosecuting patients "for possessing cannabis products sold at state-licensed dispensaries."

Florida House Committee Approves Limits on THC Levels in Smokable Marijuana After Contentious Hearing. Despite the angry complaints of veterans, patients, and activists, the House Appropriations Committee voted 19-7 Tuesday to approve HB 7117, which would cap the amount of THC in smokable marijuana at 10%, far under the levels normally found in commercially available marijuana. The bill now heads for a House floor vote, but prospects for passage aren't good because the Senate has yet to see a companion bill and the session ends in less than two months.

Michigan's Unlicensed Dispensaries Can Stay Open for Now. Unlicensed dispensaries that were set to be shut down by March 31 can continue to operate as attorneys for the businesses meet with state regulators seek to reach an agreement that will allow the 50 shops to stay open. Regulators had planned to send out cease and desist letters at the beginning of this month, but a Court of Claims judge has blocked that action — at least until another court hearing set for next Thursday.

Sentencing Reform

Bipartisan Federal Bill Would Boost Prisoner Reentry. Sen. Mike Lee (R-UT) and two Democratic colleagues, Brian Schatz of Hawaii and Dick Durbin of Illinois, unveiled a bill Tuesday aimed at boosting reentry prospects for newly released federal prisoners. The Restoring Education and Learning (REAL) Act would provide more educational opportunities for federal inmates, including access to college Pell Grants. "The REAL Act removes some federal impediments to allowing prisoners to participate in federal higher education funding, including the Pell Grants. This would allow for more federal inmates to have the opportunity to participate in these programs," Lee said. The REAL Act is endorsed by a number of stakeholder organizations including the NAACP Legal Defense and Educational Fund, the American Correctional Association and the Drug Policy Alliance.