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Drug War Chronicle

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Federal Marijuana Cases Continue to Decline, Britain Plans to Ban Nitrous Oxide, More... (3/28/23)

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

"Whippets"--used nitrous oxide containers. Laughing gas could soon be banned in Britain. (CC)
Marijuana Policy

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also establishes a new, alternative registration process for Schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban. 

HI Legal Pot Bill Dead for This Year, CA Psychedelic Decrim Bill Advances, More... (3/27/23)

Hawaii's Democratic House speaker pumps the brakes on marijuana legalization, and Idaho medical marijuana bill emerges, and more.

Increased coca and cocaine production in Colombia is leading to paradoxical hard times for coca growers. (dea.gov)
Marijuana Policy

Hawaii Marijuana Legalization Bill Dies for Lack of House Hearing. A marijuana legalization bill, Senate Bill 669, that already passed the Senate and had the support of Gov. Josh Green (D) appears dead for the year after it failed to get a House hearing before a legislative deadline last week. The House leadership earlier this year killed off three other legalization bills in the same fashion, and House Speaker Scott Saiki (D) said  he preferred that lawmakers spend the summer "studying" legalization rather than acting now. The bill may be dead for this year, but the session extends into next year, so the bill could still arise again.

Medical Marijuana

Idaho Restrictive Medical Marijuana Bill Filed. A bill that would allow for the use of medical marijuana "for substantial health conditions," including AIDS, ALS, cancer, and more was filed in the House last Friday. Medical marijuana could not be smoked or vaped but is defined as "ingestible cannabis processed to a tablet, chewable, droplet or pill." The measure, House Bill 370, was introduced by Rep. John Vander Woude (R).

Psychedelics

California Psychedelic Drug Decriminalization Bill Passes Senate Public Safety Committee. The Senate Public Safety Committee has approved a measure to decriminalize the possession of plant- and fungi-based psychedelic drugs, Senate Bill 58. The bill would also remove bans on having psilocybin or psilocyn spores that can produce mushrooms and on having drug paraphernalia associated with all decriminalized drugs. The bill is the brainchild of Sen. Scott Weiner (D-San Francisco) and is a pared down version of broader psychedelic decriminalization he first introduce in 2021. That bill would have applied to synthetic psychedelics, including LSD and MDMA, as well, but was gutted until all that was left was a study bill. This year's bill continues the paring back; it removes peyote from the list of natural psychedelics to be decriminalized in a nod to the concerns of the Native American Church, which seeks to protect a scarce supply of peyote for spiritual purposes.

International

 

. Coca farmers from around the country are complaining that cocaine sales have collapsed after production of the drug hit record levels last year. The situation is causing a food crisis in Catatumbo, where the economy depends almost entirely on the coca and cocaine trade, said coca farmers' representative Leidy Diaz. "Coca paste has not been purchased for several months and this causes many families to be unable to meet their basic needs, such as food," she said. The situation is similar in other coca-growing regions, such as Narino and Cauca in the southeast and southern Putumayo province. 

KY Governor Bans "Gas Station Heroin," OK, SD MedMJ Bills, More... (3/24/23)

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)
Marijuana Policy

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."

OR Issues First Psilocybin License, AZ Nonprofits Can Now Get Marijuana Justice Funds, More... (3/23/23)

Memphis cops really like seizing people's cars, the Swiss will have a summer of marijuana legalization pilot projects, and more.

Therapeutic psilocybin is coming to Oregon. The first license has just been issued. (Pixabay)
Marijuana Policy

Arizona Nonprofits Can Now Apply for Justice Reinvestment Grants Funded by Marijuana Taxes. Nonprofit groups that run justice reinvestment programs—helping incarcerated and formerly incarcerated people—are now eligible to apply for the first round of state marijuana funds for those programs. When voters legalized marijuana in 2020, they initiative they approved included a Justice Reinvestment Fund, setting aside 10 percent of marijuana taxes and fees to fund it. Most of that money is set aside for state and county public health departments, but nonprofits are eligible for the remainder. According to the Department of Health Services, $5.9 million will be available to the nonprofits during this grant round.

Psychedelics

Oregon Issues State's (and Nation's) First Psilocybin License. The Oregon Health Authority on Wednesday issued the state's first psilocybin license as part of the nation's first regulatory framework for therapeutic psilocybin services. The license was for producing psilocybin and was issued to Satori Farms PDX LLC in Portland. Meanwhile, in southern Oregon, the city of Medford has received its first two applications for psilocybin-related licenses, one for production and one for a service center where the drug would be administered to clients. The Oregon Psilocybin Services team started taking applications for four license types in January, and more licenses to laboratories, service centers, and facilitators are expected in the coming months.

Asset Forfeiture

Memphis Police Had Practice of Seizing Vehicles for Minor Offenses, Including Drug Offenses. Seizing the vehicles of minor offenders, including drug offenders, has become a favored policing tactic in the city, where the elite anti-crime Scorpion unit, the unit responsible for the beating death of Tyre Nichols in January, was only one of several police teams in the city making widespread use of vehicle seizures. Tennessee has some of the loosest asset forfeiture laws in the nation, and many people whose vehicles were seized were never convicted of a crime. Even those who were not convicted of a crime were forced to pay large fees to recover their vehicles. The Scorpion unit, now disbanded, was especially prolific in seizing vehicles, seizing 270 of them in its first few months of operation. Shawn Douglas Jr. was one of the victims. He was stopped by police who found two clear bags of marijuana in his backpack. He was arrested and his car impounded. The charges were later dropped, but Douglas had to pay $925 in fees.

International

Swiss Pilot Projects on Marijuana Set for This Summer. The city of Zurich is among several Swiss jurisdictions that will launch pilot project studies of the regulated sale and consumption of marijuana this summer. Other studies with universities are also set for Basel, Bern, Lausanne, Geneva, Biel, Thun, Olten, and Winterthur. The country has allowed for the use of low-THC medical marijuana since 2011 and decriminalized pot possession in 2013, but people still face fines if caught and there is no legal source of supply. These pilot projects are expected to lay the groundwork for eventual legalization.

After the Pandemic, Cocaine Has Come Roaring Back Worldwide [FEATURE]

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)
While the report covers a number of aspects of cocaine production and consumption, its most striking finding is that after hiccups caused by global shutdowns during the pandemic, cocaine has come roaring back.

"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. 

OK Senate Passes Bill to Rein In Illicit MedMJ Grows, Blinken Says Cartels Control Parts of Mexico, More... (3/22/23)

A Republican senator is calling on the banking industry to step up for a marijuana banking bill, the Oklahoma Senate moves to tighten up rules around medical marijuana grows, and more.

US Secretary of State Blinken agrees with Lindsay Graham that cartels control parts of Mexico. (state.gov)
Marijuana Policy                        

GOP Marijuana Banking Bill Sponsors Calls on Bankers to "Unleash An Army" of Lobbyists to Get It Passed. Sen. Steve Daines (R-MT), the lead Republican sponsor of the Secure and Fair Enforcement (SAFE) Banking Act, used a speech at the American Bankers Association Washington Summit Tuesday to call on the industry to "unleash an army" of lobbyists to push the bill through Congress. He said there "a chance" the bill could pass by going through the committee process. "This bill has been out there a long time," he said. "I think with each passing year, there’s a greater number of people who understand that the problem—forcing businesses to operate in all cash—is only getting worse. We need to be very clear: this is a public safety bill, and the longer we go without addressing this issue, the worse the situation on the ground becomes." He told the bankers he is "very thankful" for their support, adding that "we could unleash an army of you all in this room on Capitol Hill" to advocate for the passage of the cannabis banking bill.

Medical Marijuana

Oklahoma Senate Approves Bill Targeting Illegal Medical Marijuana Grows. The Senate on Tuesday voted 41-1 to approve Senate Bill 806, which seeks to crack down on illicit marijuana grows by limiting how many marijuana business licenses could use the same address for their applications. "Those who regulate our medical marijuana industry are running into problems when they raid a facility only to learn that there are numerous licensees who utilize that one address and all have product stored there," the bill’s author, Sen. Brent Howard, (R-Altus) said. "This makes it nearly impossible for law enforcement to know what product is actually illegal and to properly investigate the case. This measure would limit the number of licenses that can be listed under one address to help improve regulation and shut down illegal business activity." The bill was requested by Oklahoma Medical Marijuana Authority (OMMA), the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) and the Attorney General’s Office. The bill now heads to the House.

Foreign Policy

Blinken Says Cartels Control Parts of Mexico. Secretary of State Antony Blinken said appeared before the Senate Foreign Relations Committee Wednesday and was asked by ranking member Sen. Lindsay Graham (R-SC) whether there are places in Mexico the government does not control, and he answered in the affirmative. "I think that's fair to say, yes," he replied. He also agreed with Graham "that fentanyl coming from Mexico is killing Americans by the tens of thousands." Graham also asked if the cartels should be declared foreign terrorist organizations. A House bill to do that has been filed, while a Senate bill has been threatened. "Yes we’d certainly consider that," Blinken replied. The exchange came after Mexican President Andres Manuel Lopez Obrador largely blamed the United States for its drug problems and denied that Mexico was a source of fentanyl.

International

 

. Two Mexican soldiers and five gunmen from La Familia Michoacana were killed when a military unit was ambushed in the state of Guerrero last Friday. The military unit "was the target of an attack by approximately 18 armed civilians aboard two vehicles," the Mexican military said. The attack came in the mountain town of El Pescado, which has seen frequent clashes between cartel members and the authorities. La Familia Michoacana, once powerful, had been decimated by the arrest or killing of its leaders, but has been trying to stage a comeback. It is currently locked in combat with the Los Tequileros gang for control of the area. 

DEA Warns on Fentanyl Laced with "Tranq," Taliban Bans Marijuana Cultivation, More... (3/21/23)

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)
Marijuana Policy

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. 

Global Drug Executions Jumped Last Year, the Border Bomb That Wasn't, More... (3/17/23)

Medical marijuana is killed in Kansas but survives in Kentucky, cocaine production hits an all-time high, and more.

The border "bomb" turned out to be a ball stuffed with sand wrapped in duct tape. (CBP)
Medical Marijuana

Kansas GOP Lawmakers Kill Medical Marijuana Bill. Medical marijuana is dead for this session after Republicans in the Senate Federal and State Affairs Committee voted to "table" the medical marijuana bill, Senate Bill 135. Both Democrats on the committee voted to keep the bill alive. The vote came after two days of hearings on the bill, including a full opposition slate of Republican state leaders, health officials, and law enforcement on Thursday.

Kentucky Senate Passes Medical Marijuana Bill. On the last day to keep the bill alive, the Senate voted Thursday to approve a medical marijuana bill, Senate Bill 47. The bill allows for the use of medical marijuana for a list of specified medical conditions, but does not allow for smokeable marijuana. It does set up a system of taxed and regulated medical marijuana production and sales. The House could vote on the bill when the legislature returns for a one-day session at the end of the month.

Foreign Policy

Marjorie Taylor Greene Claims Cartels Left Bomb at Border; It Was a Ball of Sand. MAGA political arsonist Rep. Marjorie Taylor Greene (R-GA) told her two million Twitter followers Wednesday that Mexican drug cartels had planted bombs on US soil at the border to terrorize Americans and kill or injure Border Patrol agents. She posted a picture of what turned out to be a ball stuffed with sand and covered with duct tape and claimed it was "explosive" and a "bomb," adding that "this changes everything" and calling on the US military to "take action" and "end this Cartel led war against America!" But Border Patrol Chief Raul Ortiz quickly shot down Greene's incendiary claim, tweeting that "During a Jan. briefing, leadership was notified that Agents found a duct-taped ball filled with sand that wasn't deemed a threat to agents/public." Greene has not deleted her post and instead doubled-down on her theory in response to the fact check. "That’s not what the border patrol agents are telling me," she retorted on Twitter. But the "bomb" is still just a bag of sand.

Harm Reduction

Mississippi Governor Signs Fentanyl Test Strip Decriminalization Bill into Law. Gov. Tate Reeves (R) has signed into law House Bill 722, which decriminalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Use of the strips is aimed primarily at reducing drug overdoses by letting users know what is in their drug supply. As Reeves signed the bill into law, he could not resist taking a jab at the Biden administration: "I’ve signed HB 722 which decriminalizes fentanyl testing strips," he said. "It’s a sad reality that fentanyl overdoses are skyrocketing as a result of an open border." In reality, .fentanyl's role in fatal drug overdoses began about a decade ago and has increased steadily through both the Trump and the Biden administrations.

International

Cocaine Production at Highest Level Ever, UNODC Says. In a new report, the UN Office on Drugs and Crime (UNODC) finds that cocaine production is at its highest level ever as demand rebounded after the pandemic and new trafficking hubs emerged. Production rose a whopping 35 percent between 2021 and 2022, at least in part because of innovations in cultivating the coca plant and in converting coca leaf into cocaine. "The Covid-19 pandemic had a disruptive effect on drug markets. 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," the report said. "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," it said. UNODC said nearly 2,000 tons of cocaine were produced in 2020, a continuation of a "dramatic uptick in manufacture that began in 2014, when the total was less than half of today’s levels."

Last Year Saw a Surge in Drug Executions Worldwide. The number of people executed for drug offenses surged in 2022, according to a new report from drug policy reform group Harm Reduction International (HRI). The 1 cited at least 285 executions for drug offenses last year, more than double the 131 people executed in 2021. The number of people being handed out death sentences for drug offenses also grew, with at least 303 people in 18 countries facing the ultimate sanction. That is a 28 percent increase over 2021. The number of people currently on death row for drugs globally is now more than 3,700. HRI warned that the figures are low-balled because of the extreme secrecy surrounding the death penalty in countries that frequently resort to it, such as China, North Korea, and Vietnam.  

Sheriffs' Group Call on Congress to Act Against Cartels, DE Legal Pot Bill Advances, More... (3/16/23)

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)
Marijuana Policy

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. 

This Week's Corrupt Cops Stories

An East Texas police chief breaks bad, and there's trouble on the task forces. Let's get to it:

In Payne Springs, Texas, the Payne Springs police chief and a town police officer were arrested last Thursday for dealing drugs seized by the Payne Springs Police Department. Chief April Dawn Meadows and Reserve Officer Jonathan Paul Hutchinson went down after Henderson County Sheriff's Office investigators got a tip that they were peddling seized dope. The tip came from a snitch who had been making controlled buys for Hutchinson when Hutchinson still worked as a narcotics investigator for the sheriff's office. Deputies found drugs when they executed search warrants at the pair's homes. They both face charges of delivery of a controlled substance and money laundering. Hutchison and Meadows’ bond amounts are $1.5 million for each charge.

In Jacksonville, Florida, a former Nassau County Sheriff’s Office sergeant was arrested last Friday for stealing drugs and money seized during investigations and selling the drugs to someone who ended up ratting him out. James Hickox, 37, was part of a DEA task force. He and another, as yet unidentified (but also a task force member who has been arrested) officer, were in on the scheme. When federal agents raided his home last Friday, they found "large quantities" of cocaine, MDMA, and fentanyl, as well as nearly $200,000 in cash. When they reviewed his bank records, they found he routinely deposited thousands of dollars a day at multiple ATMS over a three-year period. He is charged with possession of cocaine, MDMA, and fentanyl with intent to distribute.

In Harrisburg, Pennsylvania, the former commander of the Lancaster County Drug Task Force pleaded guilty last Thursday to stealing nearly $171,000 in seized drug money between 2015 and 2020. John Burkhart admitted that he stole seized cash, failed to deposit funds, and falsified deposit records during the civil asset forfeiture process in criminal cases investigated by the Lancaster County Drug Task Force. Burkhart stole seized cash from the Lancaster County Drug Task Force safe over which he had nearly exclusive control and recorded false deposit amounts before they could be recorded by the treasurer, skimming thousands of dollars from 2015 through 2020. He pleaded guilty to theft by deception and theft by failure to make required disposition of funds. 

House GOP Members File Bill Designating Cartels as Terrorist Groups, Germany to Move Ahead With Legal Pot Proposal, More... (3/15/23)

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)
Medical Marijuana

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. 

Bolivia to Seek End to UN Ban on Coca Leaf, Biden Budget Keeps Ban on DC Pot Sales, More... (3/14/23)

A trio of psychedelic research bills is filed in Texas, a Maine bill would allow for marijuana consumption at pot shops, and more.

Coca leaf chewing is a traditional practice in Bolivia. (Creative Commons)
Marijuana Policy

Biden Budget Maintains Ban on Allowing DC Marijuana Sales. The Biden administration's Fiscal Year 2024 proposed budget retains an appropriations rider blocking the Justice Department from interfering in legal marijuana states, but also, for the third year in a row, retains a rider blocking the District of Columbia from allowing legal marijuana sales. The rider blocks the District from using local tax dollars to implement a system of regulated adult marijuana sales. "For the third time in his presidency, the president’s proposed budget would, unfortunately, block D.C. from spending its own local funds to commercialize marijuana," said Del. Eleanor Holmes (D).

Maine Bill Would Allow Social Consumption Lounges. A bill that would allow people to consume marijuana products in stores that sell them, LD 839, got a hearing Monday in the Committee on Veterans and Legal Affairs. No vote was taken. Current state law allows only for marijuana use on private property, and businesses are not included. Use in public places is prohibited. When voters approved marijuana legalization in 2016, on-site consumption was included, but legislative action removed that. "In that citizen's initiative, there was a component for onsite consumption, social clubs. Unfortunately, that got voted away in the legislative process but it’s time to restore that," Rep. David Boyer (R-Poland) said.

Psychedelics

Texas Lawmakers File Trio of Psychedelic Research Bills. The legislature has a trio of psychedelic research bills before it. House Bill 4288, sponsored by Rep. Richard Peña Raymond (D), would amend an existing state law mandating a study of the risks and benefits of ketamine, MDMA, and psilocybin for therapeutic use in veterans; House Bill 4423, sponsored by Rep. Josey Garcia (D), would create a Psilocybin Research Advisory Council to advise the Health and Human Services Commission and the legislature on psilocybin research and treatment; and House Bill 4561, sponsored by Rep. Julie Johnson (D), would create a new Alternative Mental Health Therapy Research Consortium that would be charged with researching "the efficacy of providing mental health care through the provision of psychedelic drugs and ketamine, focusing on the provision of mental health care to veterans in this state through the use of those alternative therapies."

International

Bolivia Tells UN It Will Launch Bid to End International Coca Leaf Prohibition. Bolivia told a United Nations drug policy meeting in Vienna that it will move to end the international prohibition on the coca leaf, which has traditionally been used by people in the Andes to combat hunger and altitude sickness for thousands of years, but was banned by the 1961 Single Convention on Narcotic Drugs. "A historic mistake was made in 1961," Bolivian Vice President David Choquehuanca said at the 66th session of the United Nations Commission on Narcotic Drugs (CND). Choquehuanca said Bolivia will exercise its right as a signatory to that treaty and seek a "critical review" of the coca leaf's properties and its classification. Colombia has already said it will support Bolivia in its effort.

Opioid Settlement Causing Problems for Patients, MD Legal Pot Regulation Bill Passes House, More... (3/13/23)

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)
Marijuana Policy

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." 

Fractures: Rule of Law Challenges in the Global Drug War (EVENT)

Posted in:

Fractures: Rule of Law Challenges in the Global Drug War

side event at the 66th session of the UN Commission on Narcotic Drugs, Friday March 17, 2023
2:10-3:00pm CET | 9:10pm PHST/HKT | 9:10am ET
Vienna International Centre, Room M6 (UN access required)

online participation:
https://bit.ly/fractures-reg -- advance registration on Zoom (requested but not required)
https://bit.ly/fractures-noreg -- direct link to meeting (no registration)
or watch the live stream on Facebook or YouTube

Drug war campaigns present challenges to human rights. Extrajudicial killings, unjust or unlawful detentions, and denial of essential medicines, are among the ills faced in the global drug war, some of them large enough to risk fracturing world rule of law efforts. This session will review various rule of law in drug policy situations, and national and international advocacy efforts to address them.

Organized by DRCNet Foundation AKA StoptheDrugWar.org, with Asian Human Rights Commission, Associazone Luca Coscioni and Forum Droghe.

speakers:

  • Father Albert Alejo, Faculty, Pontifical Gregorian University
  • Md. Ashrafuzzaman, Programme Coordinator, Asian Human Rights Commission
  • Natalia Kubesch, Legal Officer, Redress (via Zoom)

Moderated by David Borden, Executive Director, DRCNet Foundation. For further information about our programs, visit https://stopthedrugwar.org/global. For further information or assistance, email [email protected].

https://stopthedrugwar.org/files/fractures-flyer.jpg

DE House Approves Marijuana Regulation Bill, Federal Asset Forfeiture Reform Bill Filed, More... (3/10/23)

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)
Marijuana Policy

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. 

MN Marijuana Legalization Bill Advances Again, WA Senate Approves Psychedelic Research Bill, More... (3/9/23)

Indiana marijuana reform bills appear dead in the water, Lindsay Graham will file a bill designating Mexican cartels as terrorists organizations, and more.

Sen. Lindsey Graham (R-SC) is ready to go to war with Mexican cartels. (senate.gov)
Marijuana Policy

Indiana Marijuana Legalization, Medical Marijuana Bills Not Moving. Lawmakers filed both a marijuana legalization bill, House Bill 1039 and a medical marijuana bill, Senate Bill 237, in January, but neither of them is moving. The legalization bill has been referred to the House Committee on Public Health, and the medical marijuana bill has been referred to the House Committee on Health and Provider Services, but neither has seen any action and none is scheduled.

Minnesota Marijuana Legalization Bill Wins Two More Committee Votes. The marijuana legalization bill, House File 100, has been approved by the House Economic Development Finance and Policy Committee, marking the 12th committee it has passed. Meanwhile, the Senate version of the bill, passed its ninth committee, bringing the bill ever closer to final floor votes in each chamber. Gov. Tim Walz (D) is pushing lawmakers to get it done this session, and lawmakers are confident it will happen.

Psychedelics

Washington Senate Approves Scaled-Back Psychedelic Research Bill. The Senate has approved Senate Bill 5623, which originally would have set a therapeutic psychedelic services regime similar to the one now in place in Oregon, but was amended to merely creating a task force to promote research into psilocybin and developing a path toward legal access to the drug. After being amended, the bill passed the Senate on a 41-7 vote, and now heads to the House.

Foreign Policy

Lindsay Graham to File Bill Designating Cartels as Terrorist Groups, Setting Stage for Military Force. Sen, Lindsay Graham (R-SC) said Monday that he plans to file a Senate bill that would designate Mexican drug trafficking organizations as terrorist groups, clearing the way for the US to use military force against the heavily-armed cartels. Appearing on Fox New in the wake of the killing of two Americans by apparent drug gang members in Matamoros last weekend, Graham said: "I would do what Trump did. I would put Mexico on notice. If you continue to give safe haven to fentanyl drug dealers, then you’re an enemy of the United States. Seventy to one hundred thousand people have died from fentanyl poisoning coming from Mexico and China and this administration has done nothing about it," he claimed falsely. Citing an op-ed in the Wall Street Journal last week by former Trump Attorney General Bill Barr, Graham unveiled his plan for the bill: "[Following Bill Barr’s idea,] I’m going to introduce legislation, to make certain Mexican drug cartels foreign terrorist organizations under U.S. law and set the stage to use military force if necessary to protect America from being poisoned by things coming out of Mexico." Barr's op-ed called for "a far more aggressive American effort inside Mexico, including a significant U.S. law-enforcement and intelligence presence, as well as select military capabilities."

Oklahoma Marijuana Legalization Initiative Defeated [FEATURE]

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.   

Because marijuana was the only item on the ballot, the number of people voting was much smaller than in lost November's general election. Then, more than 1.1 million people cast ballots, but this week, only 566,000, or about half as many voters, turned out.

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. 

Medical Marijuana Update

A fairly quiet week on the medical marijuana front, but there was action in two states.

South Dakota

South Dakota House Approves Medical Marijuana Expansion Bill. In a narrow vote, the House on Monday approved Senate Bill 1, which expands the list of qualifying conditions for medical marijuana use to include people afflicted with cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, aids, and HIV. The bill has already passed the Senate, but must go back for one more concurrence vote because it was modified in the House. If it wins that vote, it would then go to the desk of Gov. Kristi Noem (R).

Tennessee

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 last 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.

DE House Approves Marijuana Legalization, Anti-Cartel Resolution Filed in House, More... (3/8/23)

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.
Delaware House Approves Marijuana Legalization Bill; Marijuana Regulation Bill Pending. The House on Tuesday gave final approval to House Bill 1, which legalizes the possession of up to an ounce by adults. Bill sponsor Rep. Ed Osienski (D) is also sponsoring House Bill 2, which would set up a regulatory system for marijuana commerce. That bill has passed out of committee and is awaiting a House floor vote. Last year, Osienski took a similar bifurcated path, with the legalization bill passing but the regulatory bill failing. Gov. John Carney (D) then vetoed the legalization bill. This year, the legalization bill passed with a veto proof majority.

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. 

DOJ Now Accepting Pot Pardon Applications, OR House OKs Naloxone Expansion, More... (3/7/23)

The Justice Department signals it will appeal a federal court ruling invalidating the federal ban on guns for pot users, Colombia calls for coca leaf decriminalization, and more.

Naloxone opioid overdose reversal kit. The Oregon House has voted to expand access to them. (hr.org)
Marijuana Policy

Justice Department Now Accepting Applications for Pardons for Federal Marijuana Possession Offenders. Nearly five months after President Biden called for pardons for federal marijuana possession offenders, the Justice Department has begun accepting applications for those pardons. The move comes after a series of friendly public statement from the administration about the drug from both Attorney General Garland and the president. Last week, Garland said that Justice is working on a review of marijuana policy, and just days before that, President Biden mentioned the pardons in a Black History Month speech, saying "too many minorities are in prison" for marijuana use.

Justice Department Appeals Federal Court Ruling Striking Down Gun Ban for Marijuana Users. The Justice Department last Friday filed paperwork in US District Court for the Western District of Oklahoma informing the court that it intends to appeal a judge's ruling there that found unconstitutional the federal prohibition on gun ownership for marijuana users. The Friday filing did not make a substantive argument but served primarily as a notification that an appeal was coming. In that district court ruling, Trump-appointed Judge Patrick Wyrick held that a recent Supreme Court ruling where the high court created a higher standard for policies that aim to restrict gun rights made the ban on gun possession unconstitutional.

Oklahoma Votes on Marijuana Legalization Today. In an election with no other issues or races on the ballot, voters will decide whether or not to approve a marijuana legalization initiative, State Question 820. The measure is opposed by law enforcement and most of the state's Republican political establishment. It would allow 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 protects 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 includes a provision for the expungement of some past marijuana offenses. It also sets a 15 percent excise tax on retail marijuana sales.

Medical Marijuana

South Dakota House Approves Medical Marijuana Expansion Bill. In a narrow vote, the House on Monday approved Senate Bill 1, which expands the list of qualifying conditions for medical marijuana use to include people afflicted with cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, aids, and HIV. The bill has already passed the Senate, but must go back for one more concurrence vote because it was modified in the House. If it wins that vote, it would then go to the desk of Gov. Kristi Noem (R).

Harm Reduction

Oregon House Approves Bill to Expand Naloxone Access. The House has approved a bill to more widely distribute the opioid overdose reversal drug naloxone (Narcan), House Bill 2395, on a vote of 48-9. The bill declares a health emergency and will make overdose reversal kits available in libraries, churches, and other public buildings. It also allows police, firefighters, and EMTs to distribute the kits to drug users and their friends and family members, and it decriminalizes fentanyl test strips. The bill now heads to the Senate.

International

Colombia Vice President Calls for Coca Leaf Decriminalization at UN. Vice President Francia Marquez used an address at the UN Permanent Forum on Indigenous Issues to petition for the decriminalization of the coca leaf in the country's indigenous territories. "The time has come to sincerely put the debate on decriminalizing the use of coca leaf in ethnic and indigenous territories, continuing to criminalize the use of coca leaf will not allow Colombia to achieve total peace," she said. "Because we know that it has been this criminal, racial policy that has us as peoples suffering terrible humanitarian crises, it is the drug trafficking imposed from that criminal policy that today is generating armed conflicts in ethnic territories." Colombia will join Bolivia in petitioning the UN Commission on Narcotic Drugs to remove coca leaf from its list of prohibited substances. 

HI Marijuana Legalization Bill Advances, WA Senate Approves Bill Upping Drug Sentences, More... (3/6/23)

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)
Marijuana Policy

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. 

BC Company Awarded License to Make and Sell Cocaine, Voting Underway for OK Pot Initiative, More... (3/3/23)

A Florida marijuana legalization initiative is about halfway home on signature gathering, Arizona politics is roiled by an unsubstantiated charge that the Sinaloa Cartel is bribing state and county officials, and more.

A BC company has been awarded a license to make and distribute cocaine. (Pixabay)
Marijuana Policy

Florida Marijuana Legalization Initiative Campaign Nears Halfway Point on Signature Gathering. Smart & Safe Florida, the group behind a marijuana legalization constitutional amendment, is nearing the halfway point in signature gathering, according to the state Division of Elections. The campaign had 420,000 valid voter signatures as of the end of February; it needs 891,589 valid voter signatures by February 1, 2024 to qualify for the 2024 ballot. That is, provided that the initiative passes muster with the state Supreme Court. In January, the campaign handed in enough signatures to trigger a Supreme Court review to ensure that the text does not violate the state's single subject rule and does not mislead voters. That analysis is still pending.

Early Voting Now Underway for Oklahoma Marijuana Legalization Initiative. Early voting is now underway for the State Question 820 marijuana legalization initiative. Election Day itself is next Tuesday. SQ 820 would allow 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 protects 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 includes a provision for the expungement of some past marijuana offenses.

Politics

Bizarre Charge That Arizona Governor, Other State Leaders Are Taking Bribes from Sinaloa Cartel. Last week, the Joint Elections Committee led by Republican election conspiracy theorist Sen. Wendy Rogers heard completely unsupported testimony from a local insurance agent that Democratic Gov. Katie Hobbs, Democratic Attorney General Adrian Fontes, and the Republican-led Maricopa County Board of Supervisors were among state officials taking bribes from the Sinaloa Cartel. Since then, even Republican officials have been distancing themselves from the charge, while Democrats are blasting Republicans for turning the legislature into a "circus show" that provides a forum for outrageous election fraud conspiracies. "It is dangerous," Hobbs said. "It makes the legislature, quite honestly, a laughing stock, and Arizona by extension, and I hope folks are held accountable for this."

International

Health Canada Issues License to British Columbia Company to Make and Sell Cocaine. Health Canada has issued a license to a British Columbia company, Adastra Labs, to produce, sell, and distribute cocaine. The agency said Adastra is licensed to use cocaine for "scientific and medical purposes only" and that it "cannot sell products to the general public." Last week, Adastra announced that it had received approval to "interact with" up to 250 grams of cocaine and to import coca leaves to manufacture and synthesize the drug. It said it is exploring "commercialization" of cocaine to provide a safe supply of the drug. But Health Canada said Adastra can only sell cocaine to other controlled drug dealer's license holders, such as pharmacists, practitioners, hospitals, or researchers. The province has decriminalized the possession of up to 2.5 grams of cocaine and other drugs, but BC's decriminalization does not envision legal cocaine sales. 

Attorney General Garland Talks Pot on Capitol Hill, TN MedMJ Bill Killed, More... (3/2/23)

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)
Marijuana Policy

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. 

Chronicle Book Review: "Shielded: How the Police Became Untouchable"

Shielded: How the Police Became Unaccountable by Joanna Schwartz (2023: Viking Press, 308 pp., $30 HB)

As Donald Trump laid out his fascistoid law and order platform last month, he vowed to bring back stop-and-frisk, railed against "radical Marxist prosecutors," warned of civil rights investigations of "radical leftist prosecutors" for alleged race-based policing, and promised the death penalty for drug dealers, among other fearsome fulminations. But the first bullet point of his manifesto regarded cops: Not only would he fund record hiring levels; he would also "increase vital liability protection for America's law enforcement."

With that pledge, the not-yet-indicted former president played to longstanding but unproven concerns that citizens' ability to seek civil redress for police mistreatment under civil rights laws would force police officers into bankruptcy if they were found liable for heat-of-the-moment lapses. Equally to be feared -- and equally unproven -- is the notion that being able to hold police liable will inhibit them from fully exercising their crime-fighting powers and protecting public safety.

Not to worry, officer! As UCLA law professor Joanna Schwarz makes clear in Shielded, her new book on (the lack of) police accountability, cops get away with murder. And rape. And torture. And beatings. And various other forms of street-tough thuggery. Schwartz has spent years researching how our legal system protects police at all costs through the accretion over decades of Supreme Court decisions interpreted by a non-representative federal bench with cases tried by juries filled with people who have never had a bad encounter with police. (In federal civil cases, felons cannot be jurors, and the voir dire process eliminates potential jurors with negative perceptions of law enforcement.)

Over the course of decades, the Supreme Court first opened the door to civil rights litigation to address police violation of constitutional rights, then, in case after case, effectively pushed it back until it is now barely open a crack. It is no accident that this has occurred under a Supreme Court that has been sliding to the right for the last 50 years and is now the most reactionary court in a century. One technique is to require plaintiffs to show sufficient evidence of patterns of police misconduct before they are allowed to undertake discovery, the process by which both sides in a case are allowed to see and seek relevant evidence. In the case of rogue police departments, this would be records of officer infractions, incident reports, and the like. But under current Supreme Court precedent, federal judges summarily dismiss cases before discovery because plaintiffs have not produced the evidence they have not yet been allowed to seek. That's a hell of a Catch-22.

Another huge hurdle in front of people seeking redress for police misconduct is qualified immunity, a notion constructed out of thin air by the Supreme Court in 1967 and turned into another Catch-22 by the Supreme Court in 1982. Qualified immunity is a defense to civil rights claims that is granted if the law the cop violated is not "clearly established," and if qualified immunity applies, plaintiffs cannot collect monetary damages. Under the 1982 decision, the federal courts find that qualified immunity applies unless the plaintiff can show a previous case with the exact same facts has been decided in federal court.

But Schwartz shows that the Supreme Court is only one of the "shields" protecting police. At the institutional level, police Internal Affairs bureaus generally do not punish nor track misbehavior. At the municipal level, budgets anticipate having to pay out damages for police behavior, with the taxpayers—not the miscreant officers—paying up. At the state level, legislators pass laws that further protect police. And there are more obstacles that Schwartz elucidates, from the makeup of the federal judiciary and federal juries to financial disincentives for attorneys to spend their careers litigating civil rights cases where they could spend thousands of hours preparing cases only to have them settled and end up being paid a pittance for their efforts.

This is not a book about the war on drugs, but the war on drugs is implicated throughout.  Many, many of the encounters between police and citizens that result in civil rights violation complaints arise from the prosecution of the drug war, and many, many of the victims are drug users or suspected drug users.

Schwartz lucidly and cogently explores the mountain of obstacles people seeking justice for police mistreatment face, as well as the obstacles facing people who want to remake the system into something nearer to common notions of justice. Given the current makeup of the Supreme Court and the stalemated state of play in Congress, relief is unlikely to come from the federal government. The problem seems intractable.

But Schwartz sees opportunities for positive change at the state and local levels, and she cites Colorado's 2020 passage of a bill ending qualified immunity, requiring officers found to have operated in bad faith to pay something out of their own pockets (as opposed to being indemnified by the city or state, which pays the judgement), and allows plaintiff attorneys to recover their fees when they prevail.

This is an important, eye-opening work. If you are concerned about who will guard us from the guardians (and how), it is indispensable.

Medical Marijuana Update

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

Idaho

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."

Drug War Issues

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