A bill banning minors from buying Delta-8 THC products is signed into law in Kentucky, a bill banning medical marijuana use by pregant or breast-feeding women is signed into law in South Dakota, and more.

Zaza, a product containing the opiate-like drug tianeptine, is now banned in Kentucky. (Creative Commons)

Kentucky Governor Signs Bill Barring Minors from Buying Delta-8 THC Products. Gov. Andy Beshear (D) on Thursday signed into law a bill making it illegal for people under 21 to buy products containing delta-8 THC, a naturally occurring compound typically extracted from hemp-derived CBD that has mild psychoactive effects compared to delta-9 THC and is known colloquially as "marijuana lite." House Bill 544 passed the legislature unanimously directs the Cabinet for Health and Family Services to "immediately begin the process of regulating delta-8 tetrahydrocannabinol and any other hemp-derived substances." It also prohibits "the sale, gift, or sother transfer of possession" of the products to people under 21 years old, and bars anyone under that age from possessing them.

Medical Marijuana

Oklahoma Senate Passes Pack of Medical Marijuana Bills. The Senate on Thursday approved multiple bills aimed at tightening regulations on the state's medical marijuana industry. Senate Bill 264 allows regulators to use ‘secret shoppers’ to discover businesses not following medical marijuana rules and laws. Senate Bill 437 directs the Oklahoma Health Care Authority (OHCA) to develop a registry of physicians following the agency’s original and continuing medical education requirements. All medical marijuana business employees will also need to complete the education requirements. Senate Bill 439  requires regulators to provide a list of qualifying medical conditions to receive a medical marijuana patient license. Physicians will need to hold in-person exams of all license applicants unless the patient is certified as home-bound. It also requires that the two recommending physicians able to prescribe medical marijuana for minors to not be located at the same physical address. Senate Bill 440 limits the THC potency of medical marijuana and related products sold in dispensaries to no more than 1,000 mg of delta-9 THC per package for edible products. Senate Bill 645 requires that any medical marijuana flower, trim, shake, kief, medical marijuana product, or other flower-based product not labeled as a concentrate, sold by licensed processors and commercial growers to licensed dispensaries be pre-packaged and weigh at least half of a gram and no more than three ounces. Flowers are allowed to be packaged in nonopaque materials. Senate Bill 813 allows the state to run a quality assurance lab to direct compliance testing of medical marijuana businesses. The bills now go to the House.

South Dakota Governor Signs Trio of Medical Marijuana Bills. Gov. Kristi Noem (R) on Thursday signed into law three bills dealing with medical marijuana: House Bill 1053 bars pregnant or breast-feeding women from being certified for medical marijuana. House Bill 1132 revises the duties of the Medical Marijuana Oversight Committee (MMOC), adding that the committee shall make recommendations regarding and medical and clinical aspects of the medical cannabis program. House Bill 1150 waives patient fees in some circumstances and requires practitioners to certify whether they have previously certified a patient for medical marijuana.

Drug Policy

Kentucky Governor Signs Emergency Order Making "Gas Station Heroin" a Controlled Substance. Gov. Andy Beshear (D) on Thursday issued an emergency order classifying products containing tianeptine, a previously unregulated drug colloquially known as "gas station heroin," as a Schedule I controlled substance under state law. The drug produces opioid-like effects and is sold in products such as ZaZa, Tianna, TD Red and Pegasus. "Today, Kentucky became a safer place," said Gov. Beshear. "Until now, someone looking for a heroin-like high could walk into certain places or buy this harmful product online. We’re committed to protecting Kentuckians from this kind of harm, and if someone is struggling with abuse, we’re here to help."

More than 60 years after coca and cocaine were banned internationally under the Single Convention on Narcotic Drugs, 1961, and more than a half-century since the commencement of the modern war on drugs under US President Richard Nixon, cocaine is more popular and more prevalent than ever before. That is according to the United Nations Office on Drugs and Crime (UNODC), which just provided the evidence in its new report, The Global Report on Cocaine 2023.

Despite a half-century of the modern war on drugs, the cocaine trade is booming. (Creative Commons)

"The COVID-19 pandemic had a disruptive effect on drug markets," UNODC found. "With international travel severely curtailed, producers struggled to get their product to market. Night clubs and bars were shut as officials ramped up their attempts to control the virus, causing demand to slump for drugs like cocaine that are often associated with those settings. However, the most recent data suggests this slump has had little impact on longer-term trends. The global supply of cocaine is at record levels. Almost 2,000 tons was produced in 2020, continuing a dramatic uptick in manufacture that began in 2014, when the total was less than half of today’s levels."

UNODC found that cultivation of coca, the plant precursor to cocaine, increased a whopping 35 percent between 2020 and 2021, a record high and the largest year-over-year increase since 2016. The production of cocaine itself has been boosted by innovations in coca cultivation leading to larger yields and innovations in converting the plant into cocaine, also leading to larger yields.

That supply increase "has been matched by a similar swelling in demand, with many regions showing a steady rise in cocaine users over the past decade," UNODC wrote.

That is a product that is looking for and finding new markets, leading UNODC analysts to warn of continued growth in consumption.

"The surging global cocaine market has the potential to trigger large expansions in new regions where cocaine use has been limited in the past, especially Africa and Asia,"  said Chloé Carpentier, Chief of the Drug Research Section, Research and Trend Analysis Branch at UNODC.

"There has been a continuing growth in demand, with most regions showing steadily rising numbers of users over the past decade," the report noted. "Although these increases can be partly explained by population growth, there is also a rising prevalence of cocaine use."

Cocaine use remains a largely Western phenomenon, but that is changing. North America constituted 30 percent of global demand in 2020, with South America and the Caribbean accounting for 24 percent, and Western Europe accounting for 21 percent. Africa was a distant fourth at nine percent.

But Africa is increasingly involved in the cocaine trade, leading to a "serious risk" of increased consumption there, UNODC warned. "The role of Africa, especially West and Central Africa, as a transit zone for cocaine on its way to markets in Europe has picked up substantially since 2019," the report said. "Both the total quantity seized in Africa and the number of large seizures appear to have reached record levels."

One impact of the pandemic was that the reduction is passenger flights lessened traffickers' ability to use drug mules, and UNODC found that the use of international parcel services for cocaine smuggling surged in response.

"Some countries in West Africa noted a significant increase in [parcel and courier] services to smuggle small quantities of cocaine to Europe and beyond. In Costa Rica, smaller quantities of cocaine were being mailed to Asia, Africa and Europe concealed in goods such as books, religious images, and vehicle spare parts,"  the report said.

"The pandemic may have accelerated the trend, but traffickers had already been increasing their use of international mail services to get cocaine into Europe," it said. "Evidence from Spain and Argentina points to a longer-term decline in the use of drug mules on passenger flights. Both countries recorded instances of larger shipments being concealed in unaccompanied luggage."

While the report discussed increased international cooperation to combat the cocaine trade, there is little indication so far that international cooperation has been able to stop it. In fact, the report itself suggests the opposite. But there is no consideration given to alternatives to the cocaine prohibition regime. 

That Minnesota marijuana legalization bill keeps rolling toward final passage, Colombia's president suspends a ceasefire with a rightist drug trafficking group, and more.

Taliban leader Mullah Hibatullah Akundzada announced on ban on cannabis cultivation Sunday. (CC)

Minnesota Marijuana Legalization Bill Advances Again, with Big Amendment. The House Commerce Finance and Policy Committee has approved the marijuana legalization bill, House File100, but only after members accepted an amendment that overhauls various aspects of the bill—mainly at the request of marijuana industry players. The industry is operating under a law enacted last years that allows low-THC edibles, and the amendment eliminates some of regulations in the current bill that don’t make sense in the low-dose hemp market. The Senate adopted a similar amendment last week, but there are differences that will have to be resolved in conference committee. For instance, the House bill now has a lower personal possession limit than the Senate bill and is more expansive when it comes to who qualifies as a social equity license applicant.

Opiates and Opioids

DEA Reports Widespread Threat of Fentanyl Mixed with Xylazine. The DEA is "warning the American public of a sharp increase in the trafficking of fentanyl mixed with xylazine. Xylazine, also known as "Tranq," is a powerful sedative that the U.S. Food and Drug Administration has approved for veterinary use. "Xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier," said Administrator Milgram. "DEA has seized xylazine and fentanyl mixtures in 48 of 50 States. The DEA Laboratory System is reporting that in 2022 approximately 23% of fentanyl powder and 7% of fentanyl pills seized by the DEA contained xylazine." Xylazine and fentanyl drug mixtures place users at a higher risk of suffering a fatal drug poisoning. Because xylazine is not an opioid, naloxone (Narcan) does not reverse its effects. Still, experts always recommend administering naloxone if someone might be suffering a drug poisoning. People who inject drug mixtures containing xylazine also can develop severe wounds, including necrosis—the rotting of human tissue—that may lead to amputation"

.[Editor's Note: This sounds like a good argument for a "safe drug supply," or a "legal and regulated supply of drugs with mind/body altering properties, as the Canadian Association of People Who Use Drugs put it in their "Safe Supply: Concept Document."]

International

Taliban Announces Ban on Marijuana Cultivation. Taliban leader Hibatullah Akhundzada announced on Sunday issued an official order prohibition marijuana cultivation across the country. According to the UN Office on Drugs and Crime, Afghanistan is the world's second largest cannabis producer, after Morocco. The ban includes non-psychoactive hemp. "Cultivation in the whole country is completely banned and if anyone grows them, the plantation will be destroyed. The courts have also been ordered to punish the violators as per Sharia laws,"the statement reads.

Colombia President Suspends Ceasefire with Gulf Clan. President Gustavo Petro on Sunday suspended a ceasefire with the Gulf Clan, the country's biggest drug trafficking organization, after accusing it of attacking civilians. "I ordered the security forces to resume all military operations against the Gulf Clan,"he said on Twitter. "I will not allow them to keep sowing distress and terror in the communities,"Petro added. At the end of last year, Petro had declared a bilateral ceasefire with several armed drug trafficking groups, including the Gulf Clan, as well as the National Liberation Army (ELN) and FARC dissidents. It was the first step in Petro's "total peace" plan to end decades of violence through negotiation with the criminal groups. The Gulf Clan consist of former rightist paramilitaries and is estimated to control between 30 percent and 60 percent of the drugs exported from the country.

Peru Clash with Shining Path Remnants in Coca Valley Leaves Six Dead. Five Shining Path members and one army soldier were killed in a clash between the remnants of the 1980s leftist Shining Path insurgency and a military patrol in a coca-growing valley in the VRAE (Valleys of the Apurimac and Ene Rivers). The army patrol was looking for Victor Quispe Palomino, alias Comrade Jose. They didn't find him. Since the Shining Path was defeated militarily in the early 1990s, remnants of the group have remained in coca-growing areas in the VRAE where they are allied to cocaine trafficking groups. 

The Texas Senate has approved a bill raising fentanyl penalties, a Delaware Senate committee advances a pair of marijuana legalization and regulation bills, and more.

Fentanyl. Texas is the latest state to experiment with charging sellers with murder if an overdose happens. (Creative Commons)

Delaware Senate Committee Approves Marijuana Legalization, Regulation Bills. Marijuana legalization is one step closer after the Senate Health and Social Services Committee approved a pair of House bills that would legalize marijuana ( House Bill 1) and regulate legal marijuana commerce (House Bill 2). Last year,a similarly bifurcated legalization effort came up short, with the House failing to pass the regulation bill and Gov. John Carney (D) vetoed the legalization bill. But this year, House bill sponsor Rep. Ed Osienski (D) says he is "optimistic" and feels "pretty good" about being able to override any veto. Meanwhile, HB 1 now heads for a Senate floor vote, while HB 2 must first get past the Senate Finance  Committee.

Drug Policy

Texas Senate Approves Bill to Increase Fentanyl Penalties. The Senate on Wednesday approved Senate Bill 645, which would open the door for prosecutors to charge people who make and sell fentanyl with murder. The bill does so by classifying fentanyl overdoses as "poisonings." The bill would also make delivery of less than one gram of fentanyl a third-degree felony. It is currently a lower-level state jail felony. If someone dies because of that delivery, it becomes a second-degree felony. State jail felonies have a maximum sentence of two years, third-degree felonies garner up to 10 years, and second-degree felonies can earn up to 20 years. The bill now heads to the House.

Foreign Policy

National Sheriff's Association Calls on Congress to Take Immediate Action Against Mexican Cartels. In the wake of the killing of two US citizens in Matamoros, Mexico, last weekend and the ongoing fentanyl overdose crisis, an association representing some 3,000 county sheriffs is calling on Congress to act now against Mexican drug cartels. "The nation’s sheriffs strongly support the American people’s continued demand that our federal government use whatever means appropriate to combat these deadly cartels," Sheriff Jim Skinner, chair of the National Sheriffs’ Association Government Affairs Committee, said in a statement. The group is calling on Congress to use its authority to create a "comprehensive system of further manpower and other tools that prevent any illicit drugs from being produced, smuggled and sold on American streets." Some members of Congress have been calling for more action, including designated the cartels as foreign terrorist organization and even calling for US military action inside Mexico. 

A Kentucky medical marijuana bill faces a looming Senate deadline, Vermont lawmakers file a number of drug reform bills, and more.

The Rio Grande River. There be cartels on the other side, and the GOP wants to call them "terrorists." (C)

Kentucky Medical Marijuana Bill Wins Senate Committee Vote, Must Pass Full Senate Tomorrow or Die. A bill to legalize medical marijuana in the state, Senate Bill 47, was approved by the Senate Licensing and Occupations Committee on Tuesday. It must pass the Senate by Thursday, the last day of the session before the veto period, or it dies. If it passes the Senate, it would then go to the House, which returns for a final day of legislative action on March 30. The House has passed medical marijuana bills twice in recent years and is thought to still have support for it.

Drug Policy

Vermont Lawmakers File Four Different Drug Policy Reform Bills. Drug policy reform is on the agent in Montpelier this session, with four separate drug policy reform bills already filed. House Bill 423 would decriminalize the possession of personal use amounts of all drugs, as would Senate companion legislation, Senate Bill 119. The bills would also decriminalize "dispensing" drug amounts below the personal use threshold as well as establishing a pilot drug checking program.

Two other bills focus specifically on psychedelics. House Bill 439 would effectively legalize the possession of psilocybin, mescaline, and peyote by removing them from the states definition of hallucinogenic drugs, while Senate Bill 114, would remove only psilocybin from the state’s definition of hallucinogens.

The first three bills are destined for judiciary committees in the respective chambers, while the fourth bill is before the Senate Health and Welfare Committee. If any of them pass out of the legislature, they face possible vetoes from Gov. Phil Murphy (R).

Foreign Policy

House Republicans File Bill Designating Mexican Drug Cartels Terrorist Organizations. Rep. Chip Roy (R-TX) and 20 House Republicans have introduced a bill designating four Mexican drug trafficking organizations as foreign terrorist organizations (FTOs). The four groups are the Gulf Cartel, the Cartel Del Noreste, the Cartel de Sinaloa, and the Cartel de Jalisco Nueva Generacion. The Drug Cartel Terrorist Designation Act would also require the Department of State to issue a report to Congress within 30 days of enactment on the cartels listed above and any additional cartels that meet the criteria for designation as an FTO. For each additional cartel that meets the criteria of an FTO, the Department of State is required to designate each of those cartels as an FTO within 30 days after the report is submitted to Congress. Sen. Lindsay Graham (R-SC) has threatened to file similar legislation in the Senate but has yet to do so.

International

Germany to Move Forward with Marijuana Legalization After "Very Good Feedback" from the European Union. Health Minister Karl Lauterbach said Tuesday that the government would bring a revised marijuana legalization proposal before legislators "in the next few weeks" after receiving "very good feedback" from European Union (EU) officials. Germany has conditioned its advance of marijuana legalization on approval from the EU to ensure it would not put it in violation of international obligations. Lauterbach said some changes would be made to the bill to "take into account European regulations and what should or should not be notified," but did not specify what those changes would entail. 

The Justice Department is open to Sentencing Commission marijuana guideline reforms, a Texas bill to remove jail time for pot possession advances, and more.

It's not just opiates. A settlement between drug distributors and states is leaving lots of patients in the lurch. (DEA)

Justice Department Backs Proposed Marijuana Sentencing Guideline Reform to Treat Past Convictions More Leniently. The Justice Department is in agreement with a US Sentencing Commission proposal to update sentencing guidelines to treat past marijuana possession offenses more leniently. Such a move would align with the Biden administration's "sentiment" toward reforming marijuana policy. The backing by DOJ came last Wednesday when a federal prosecutor testified at a public hearing on the proposal in support of it. The Sentencing Commission had made the recommendation back in January. The commission's proposal does not remove marijuana convictions as a criminal history factor, but it would "include sentences resulting from possession of marihuana offenses as an example of when a downward departure from the defendant’s criminal history may be warranted."

Bipartisan Bill Punishing Illegal Marijuana Grows Filed. Reps. Doug LaMalfa (R-CA) and Scott Peters (D-CA) have filed the Targeting and Offsetting Existing Illegal Contaminants (TOXIC) Act, which would provide funding to clean up toxic wastes at marijuana grows on federal lands and increase criminal penalties "for using banned pesticides in illegal cannabis cultivation to a maximum of 20 years in prison and $250,000 in criminal fines to establish parity with the criminal penalties for smuggling banned pesticides into the US." The same pair filed the same bill in the last Congress, but it went nowhere.

Maryland House Approves Legal Marijuana Regulation Bill. The House voted last Friday to approve a measure to create a legal framework and tax structure for legal marijuana sales, House Bill 556. The bill now goes to the Senate, which is also advancing its own separate regulatory measure. If the legislature can come to agreement, legal sales could begin as early as July 1. The bill passed by the House would allow existing medical marijuana dispensaries to obtain dual licenses to sell recreational marijuana. The bill also contains equity provisions giving licensing priority to minority owners in communities adversely affected by the war on drugs.

Texas Marijuana Decriminalization Bill Wins Committee Vote. The House Criminal Jurisprudence Committee voted unanimously last week to approve a bill to decriminalize the possession of up to an ounce of marijuana, House Bill 218. Possession of less than two ounces is currently a misdemeanor punishable by up to six months in jail. Under this bill, possession would still be a misdemeanor (so not technically decriminalization), but without the possibility of arrest of jail time. Instead, offenders would be cited and fined up to $500. The bill now awaits a House floor vote.

Opiates and Opioids

US Opioid Settlement Causing Problems for Patients. The $21 billion settlement between pharmaceutical distributors and attorneys general in 46 states over the companies' role in the early stages of this century's opioid epidemic is having unintended consequences not only for opioid patients, but also for people trying to obtain controlled substances to treat many conditions, including anxiety, attention deficit hyperactivity disorder and addiction. As a result of the settlement, the distributors are now tightening rules for these drugs, resulting in the cancellation of tens of thousands of drug orders and leaving patients in the lurch. The new controls have created "havoc in pharmacies, said Ilisa Bernstein, chief executive of the American Pharmacists Association. "They have patients coming in to get medication, and they can’t have it. It's disrupting patient care." 

Nevada lawmakers filed a bill to legalize magic mushrooms, bipartisan senators file a federal asset forfeiture reform bill, and more.

Mexican President Lopez Obrador flatly rejects calls from GOP lawmakers for US military force in Mexico. (Creative Commons)

Delaware House Passes Legal Marijuana Regulation Bill. The House on Thursday voted 27-13 to approve House Bill 2, which would set up a regulatory framework for adult-use marijuana sales. The move comes just days after the House approved House Bill 1, which would legalize possession of up to one ounce of cannabis for adults. Last year, the legislature passed marijuana legalization, only to see it vetoed by Gov. John Carney (D). This year, however, HB 1 passed with a veto-proof majority, and HB 2 passed with one fewer vote with one member absent. That single vote is the difference between a veto-proof majority and a lack of one. The bills must now pass the Senate being going to the governor.

Psychedelics

Nevada Magic Mushroom Legalization Bill Filed. State Sens. Rochelle Nguyen (D) and Fabian Donate (D) filed Senate Bill 242 Thursday. The measure would legalize the possession of up to four ounces of fungi containing psilocybin or psilocyn, the hallucinogenic compounds in magic mushrooms. The bill would also allow a research facility to ask for state approval to study the therapeutic effects of magic mushrooms as well as MDMA for mental health conditions. The bill also has two joint sponsors in the lower chamber, Assemblymembers Max Carter (D) and Elaine Marzola (D). It is currently pending in the Senate Health and Humau Services Committee.

Asset Forfeiture

Bipartisan Federal Asset Forfeiture Reform Bill Filed. US Reps. Jamie Raskin (D-MD)  and Tim Walberg (R-MI) on Thursday reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), a comprehensive reform to our nation's civil asset forfeiture laws. The FAIR Act raises the level of proof necessary for the federal government to seize property, reforms the IRS structuring statute to protect innocent small business owners, and increases transparency and congressional oversight. Joining Walberg and Raskin as original co-sponsors of the FAIR Act are Reps. Kelly Armstrong (R-ND), Tony Cárdenas (D-CA), Tom McClintock (R-CA), and Joe Neguse (D-CO). "The lawless seizure and ‘forfeiture’ of people’s private property by police officers is becoming standard operating procedure in many parts of the country," said Rep. Raskin. "We want to restore the presumption of innocence, fair judicial process, and the opportunity to be heard. I’m proud to introduce this important bipartisan legislation with my friend Rep. Walberg to rein in civil asset forfeiture and restore due process rights."

International

International Narcotics Control Board Warns on Marijuana Legalization. As it launched its annual report Thursday, the International Narcotics Control Board issued a press release emphasizing its concerns with marijuana legalization. "Moves by a small number of governments to legalize the non-medical use of cannabis have led to increased consumption without explaining the potentially serious health dangers that users face from the drug" the INCB warned. That is leading to "negative health effects and psychotic disorders," the drug watchdog continued. In all jurisdictions where cannabis has been legalized, data show that cannabis-related health problems have increased," INCB said. It pointed out that between 2000 and 2018, "global medical admissions related to cannabis dependence and withdrawal increased eight-fold. Admissions for cannabis-related psychotic disorders have quadrupled worldwide."

Mexico President Tells GOP Lawmakers Urging US Military Force Against Cartels in Mexico to Take a Hike. Aiming directly at Republican lawmakers who have urged the Biden administration to unleash the US military against Mexican drug cartels on their own territory, Mexican President Andres Manuel Lopez Obrador on Thursday flatly rejected the notion. "We are not going to allow any foreign government to intervene and much less foreign armed forces to intervene in our territory," López Obrador said, adding that he would ask Americans of Mexican and Hispanic origin not to vote for Republicans if their "aggression" continued. Lopez Obrador also downplayed Mexico's role in fentanyl production and said Americans needed to solve their drug problem on their side of the border. Pressure to do something about the cartels has only risen as the US overdose death toll has risen and was ratcheted up this week by the kidnapping of four Americans in Matamoros, two of whom were shot and killed by members of a Gulf Cartel-affiliated gang. 

Voters in Oklahoma resoundingly rejected the State Question 820 marijuana legalization initiative Tuesday in an election where it was the only thing on the ballot. With 99 percent of the vote in, it was losing 38.3 percent to 61.7 percent.   

The initiative should have been on last November's general election ballot. The group behind the measure, Oklahomans for Sensible Marijuana Laws, turned in 69,000 more signatures than needed in a timely fashion, but private contractors hired by the Secretary of State's office took an excessive amount of time to verify the signatures.

Between that and questionable legal challenges from opponents, approval of the measure was so delayed that the state Supreme Court ruled weeks before the election that the measure would have to wait for the 2024 general election or until the governor or legislature calls a special election. Gov. Kevin Stitt (R) then announced the March 7 date.

The measure would have allowed people 21 and over to possess up to an ounce of marijuana and eight grams of marijuana concentrates and grow up to six plants and six seedlings at home. It also would have protected parents from losing custody or visitation rights solely because of marijuana use and states that parolees and probationers cannot be punished for marijuana use. Nor could the odor of marijuana or burnt marijuana be used as probable cause for police to infer that a crime had been committed. And it included a provision for the expungement of some past marijuana offenses.

The measure would have up a system of taxed, licensed, and regulated marijuana commerce, but for the first two years, marijuana business licenses would go only to existing medical marijuana businesses that have been operating for at least a year. The state is now also under a moratorium on new grower, processor and dispensary licenses until August 2024, meaning any potential new pot business operators would have had to wait awhile to get in the game.

The state's robust—some would say Wild West—medical marijuana system may have convinced some voters that further moves were not necessary. Under Oklahoma law, medical marijuana can be recommended for just about any condition, and the state has nearly 400,000 enrolled patients—about 10 percent of all adults in the state. There are also already some 12,000 licensed medical marijuana businesses, some of which have been in the news for unsavory reasons.

Tuesday's defeat may embolden marijuana critics in the state legislature to move to tighten controls on the state's medical marijuana program.

"The anti-revolutionary forces want to return Oklahoma to their dream of this bygone era," said Lawrence Pasternack, a legalization advocate who’s written extensively about marijuana in the state.  "They see marijuana as anathema to that dream."

Those forces would include Republican Gov. Kevin Stitt and most of the state's Republican political establishment. Also prominent in the opposition camp was former Gov. Frank Keating, an ex-FBI agent, who headed the "no" campaign.

"Oklahoma is a law and order state," Stitt said after Tuesday's vote. "I remain committed to protecting Oklahomans and my administration will continue to hold bad actors accountable and crack down on illegal marijuana operations in our state."

It's been a tough run for marijuana legalization initiatives lately. Last November, Maryland and Missouri approved legal weed, but Arkansas, North Dakota, and South Dakota did not. And now Oklahoma has joined that red state rejectionist club, and the Republicans are casting the hairy eyeball on the existing medical marijuana system. 

The Oklahoma marijuana legalization initiative gets crushed at the polls, a bipartisan federal bill to ease the rescheduling of therapeutic psychedelics gets filed, and more.

A congressional resolution would authorize the use of military force against Mexican cartels on the Mexican side of the border.

Hawaii Senate Approves Marijuana Legalization Bill. The Senate voted overwhelmingly Tuesday to approve a marijuana legalization bill, Senate Bill 669. The bill would legalize the possession of up to 30 grams, allow for the home cultivation of up to six plants, expunge past possession convictions, and reduce penalties for unlicensed cultivation and sales. The bill also contemplates the existing medical marijuana industry morphing into a full-fledged adult use marijuana market under the aegis of a Hawaii Cannabis Authority. The bill is now before the House.

Oklahoma Marijuana Legalization Initiative Defeated. Voters on Tuesday decisively defeated a marijuana legalization initiative, State Question 820 by a margin of 62 percent to 38 percent. See out feature story later today for full coverage.

Psychedelics-                                                                                          

Bipartisan "Breakthrough Therapies Act" Updated and Filed. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) and Reps. Madeleine Dean (D-PA) and Nancy Mace (R-SC) on Thursday filed the "Breakthrough Therapies Act," which would streamline the federal rescheduling of drugs such as psilocybin and MDMA for therapeutic purposes. The bill would amend the Controlled Substance Act to create a pathway for current Schedule I drugs that could be deemed breakthrough therapies by the Food and Drug Administration (FDA) to qualify for a waiver under the Food, Drug, and Cosmetic Act and be moved to Schedule II, which is reserved for drugs with "currently accepted medical use with severe restrictions."

Missouri Therapeutic Psychedelic Bill Advances. The House Veterans Committee on Tuesday approved House Bill 1154, which would promote research into the therapeutic potential of psychedelics such as ketamine, MDMA, and psilocybin. The bill passed out of committee on a unanimous vote. The bill now awaits a possible House floor vote, which is yet to be scheduled.

Foreign Policy

.Reps. Dan Crenshaw (R-TX) and Tim Walz (R-FL) on Monday filed a resolution, HJ Res. 18 "to authorize the use of United States Armed Forces against those responsible for trafficking fentanyl or a fentanyl-related substance into the United States or carrying out other related activities that cause regional destabilization in the Western Hemisphere." The resolution is cutely titled "Authorization for the Use of Military Force to Combat, Attack, Resist, Target, Eliminate, and Limit Influence Resolution" or the "AUMF CARTEL Influence Resolution." The bill specifically lists nine Mexican drug trafficking organization to be targeted, including the Sinaloa Cartel, the Jalisco New Generation Cartel, the Gulf Cartel, and Los Zetas. 

A long-shot marijuana legalization bill is filed in Florida, a fentanyl test strip decriminalization bill gets a hearing in Arkansas, and more.

The Washington Senate has approved a bill upping sentences for drug possession, including short mandatory minimums. (Pixabay)

Florida Marijuana Legalization Bill with Home Grow Filed. State Sen. Victor Torres (D-Kissimmee) has filed a marijuana bill that includes both home cultivation and social consumption spaces. The measure, Senate Bill 1576, would legalize the possession of up to 2.5 ounces and allow for home grows of up to six plants. Usage would be allowed in a "non-public space" with violators subject to a $100 fine. A "Division of Cannabis Management" within the state Department of Agriculture and Consumer Services would regulate legal marijuana commerce. The bill has not yet received a committee assignment, and its prospects are dim in the Republican-controlled legislature. On a different track, a marijuana legalization initiative campaign is in the midst of signature gathering.

Hawaii Marijuana Legalization Bill Wins Committee Votes. A marijuana legalization bill, Senate Bill 669, is advancing in the Senate, having been approved by both the Consumer Protection and Ways and Means committees last Thursday. It now heads for a Senate floor vote. The bill emphasizes small operations, limiting grows to no more than 5,000 square feet. It includes a home grow provision, allowing for up to six plants, of which three can be flowering. The bill is expected to pass the Senate this week, but faces an obstacle in the House. House Speaker Scott Saiki (D) says the state is not ready for marijuana legalization and he plans on asking House committee chairs to work on it this summer—after the current session has ended. "It’s not as easy as just flipping a switch and saying marijuana is now legal," Saiki said. "There are a lot of issues related to how you set up the system how do you regulate the system."

Drug Policy

Washington Senate Approves Bill Upping Drug Possession Penalties. After hours of contentious debate, the Senate voted last Friday night to approve Senate Bill 5536, which increases penalties for drug possession. The bill is a response to a 2021 state Supreme Court ruling striking down the state's felony drug possession law because people could be prosecuted for unknowingly possessing drugs. Lawmakers responded by temporarily making drug possession a misdemeanor, but that measure expires in July. With this bill, drug possession remains a misdemeanor, but moves from a plain misdemeanor to a gross misdemeanor, meaning violators face stiffer penalties than under the current system. The bill includes options for diversion out of the criminal justice system at each stage of the judicial process, but also includes mandatory minimum sentences of 21 days for a second offense and 45 days for a second offense if the person "willfully abandoned" or consistently failed to apply with treatment. The measure passed on a 28-21 vote and now heads to the House.

Harm Reduction

Arkansas Fentanyl Test Strip Bill Gets Hearing Today. A bill to clarify that fentanyl test strips are not classified as drug paraphernalia, Senate Bill 40, is set for hearing today before the Senate Judiciary Committee. Under current state law, possession of fentanyl test strips is a felony. That has not stopped groups like Northwest Arkansas Harm Reduction from distributing hundreds of the test kits, but harm reductionists are seeking formal legal protections. 

California legal marijuana sales revenues decrease for the first time ever, a fourth Michigan city endorses natural psychedelic decriminalization, and more.

Attorney General Merrick Garland says DOJ is "still working" on marijuana policy. (DOJ)

Attorney General Says DOJ Still Working on Federal Marijuana Policy Approach. In an appearance before the Senate Judiciary Committee on Wednesday, US Attorney General Merrick Garland (D) said the Justice Department is "still working on marijuana policy" and that a broader review of marijuana's scheduling status was being led by federal health officials. "I think that it’s fair to expect what I said at my confirmation hearing with respect to marijuana and policy, that it will be very close to what was done in the Cole Memorandum," he said, referring to an Obama-era policy that directed federal prosecutors to generally not interfere with state cannabis laws but which was later rescinded by Trump Attorney General Jeff Sessions. "We’re not quite done with that yet,"Garland said of the marijuana policy review. Garland added that the Justice Department had prioritized finalizing a memo of crack cocaine prosecutions, which has now been completed.

In Sign of Legal Industry's Woes, California Marijuana Sales Declined for First Time Since Legalization. According to the state Department of Tax and Fee Administration, legal marijuana sales totaled $5.3 billion last year, down 8.2 percent from the $5.77 billion in 2021. That marks the first time sales have decreased since the state launched its recreational marijuana market five years ago. Industry observers point to high taxes and the limited number of pot shops for the decrease. As one Emerald Triangle pot farmer, Johnny Casali of Huckleberry Hill Farms explained: "Most of us farmers have been trying to tell the state [regulators] that the marketplace is imploding,"says Casali. "The drop in retail sales means the customer is tired of paying the exorbitant taxes and are now buying it from a friend of a friend or the guy on the corner."

Medical Marijuana

Tennessee Medical Marijuana Bill Killed in Committee. No medical marijuana for you, Tennesseans! At least not yet. The Senate Judiciary Committee voted on a near party-line vote Wednesday to kill Senate Bill 1104, which would have set up a system of medical marijuana access in the state. Meanwhile another medical marijuana bill, House Bill 172,was "taken off notice" last week, meaning it is effectively dead for this session. Maybe next time.

Psychedelics

Fourth Michigan City Decriminalizes Natural Psychedelics. Move over, Ann Arbor, Detroit, and Hazel Park—Ferndale has now joined the group of Michigan cities to embrace psychedelic reform. On Monday night, the city council voted unanimously to approve a resolution decriminalizing "entheogenic plants and fungi," such as psilocybin mushrooms, ayahuasca, and its chemical compound, DMT. The resolution makes the "investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants or plant compounds which are on the Federal Schedule 1 list" the lowest law enforcement priority for the city The ordinance was pushed by the local Decriminalize Nature affiliate, Decriminalize Nature Ferndale. 

A North Carolina medical marijuana bill is moving, an Idaho initiative campaign is not, and more.

Idaho Medical Marijuana Initiative Campaign Comes Up Short on Signatures. Kind Idaho, the group behind an effort to get a medical marijuana initiative on the 2024 ballot, announced Wednesday that it had come up short on signatures. The group said it had managed to collect only about 10 percent of the nearly 70,000 valid voter signatures needed to qualify for the ballot. It cited organizational problems and a lack of national support for the effort.

Kansas

Kansas Senate Committee Will Hold Informational Hearing on Medical Marijuana This Week. The Senate Committee on Federal and State Affairs will hold informational hearings Wednesday and Thursday on the legalization of medical marijuana. No bill has been filed yet this session, but pressure is mounting with neighboring Missouri having legalized recreational marijuana last November and neighboring Oklahoma set to vote on recreational legalization next month. "You know, Kansas, sometimes we're kind of behind on things and, you know, we hear about it all the time where people are going across the state line to purchase those items," said medical marijuana supporter Sen. Oletha Faust-Goudeau, the ranking Democrat on the committee.

North Carolina

North Carolina SenateGives Initial Approval to Medical Marijuana Bill. The state Senate on Tuesday voted to approve  Senate Bill 3, the North Carolina Compassionate Use Act, on a second reading. It still needs to be approved in a third reading before being sent to the House, and that is expected to happen within a few days. House leaders said they were positioned to pass the bill, too, despite having blocked a similar bill last year. The bill would allow patients with a specified list of ailments to use medical marijuana and buy it from licensed dispensaries. The bill contains neither home cultivation nor social equity provisions.

Pennsylvania

Pennsylvania GOP State Senator Pushes State to Reconsider Gun Restrictions on Medical Marijuana Patients. In the wake of a federal judge's recent ruling that the federal government's ban on gun ownership for marijuana users is unconstitutional, state Sen. Dan Laughlin (R) is calling on state law enforcement to protect the rights of medical marijuana patients by bringing state policy in line with that ruling Currently, the state bars people from obtaining a gun license if they acknowledge being "an unlawful user" of marijuana, and even medical marijuana use in states where it is legal remains technically illegal under federal law. "I believe Pennsylvania can take a measured approach to lifting the prohibition on otherwise qualified medical cannabis users from obtaining their license to carry," Laughlin wrote. Since the federal court ruling, it is time for "reconsideration of the question on these forms."