Mississippi's medical marijuana law gets thrown out and the will of the voters denied on a technicality.
It's time for a better Good Samaritan law in North Carolina, and advocates are working to make it happen.
The marijuana industry makes a major contribution to greenhouse gas emissions, but there are some obvious ways to change that.
Mississippians rallied Tuesday to demand a legislative special session to restor the voter-approved medical marijuana law, a New Mexico patient sues over purchase and plant limits, and more.
A Minnesota deputy cops a plea for being on fentanyl during a deadly high-speed pursuit, a small town Maine police offcer's problems just got much worse, and more.
The Louisiana House rejected marijuana legalization but is now considering a legalization study resolution, Arizona's governor signs into law a bill legalizing fentanyl test strips, and more.
The House could see a marijuana legalization bill as early as next week, an Illinois marijuana social equity bill heads for a state House floor vote, and more.
An Illinois marijuana equity bill heads for a House floor vote, a loosening of medical marijuana regulations during the pandemic may be made permanent in Pennsylvania, the Texas legislature advances bills to reduce penalties for pot concentrates and to study the therapeutic use of psychedelics, and more.
A new poll shows strong support for marijuana legalization in the Mountaineer State, a Louisiana bill to end the threat of jail time for pot possession advances, and more.
Little Rock makes small-time pot possession the lowest law enforcement priority, a Texas medical marijuana expansion bill is now one House vote away from passing, and more.
The proposed Biden budget retains the ban on selling and taxing marijuana in Washington, DC, marijuana consumption lounge bills are moving in California and Nevada, and more.
Mississippians want medical marijuana. They said so at the polls last November when 74% of them voted for Amendment 65, the medical marijuana initiative that had jumped through all the procedural hoops to make it onto the ballot. They also said they wanted that specific language, rejecting a watered-down Alternate Amendment 65A sponsored by the Republican-dominated state legislature in a bid to seize control over the issue.
Mississippi Supreme Court (mississippi.org)
But before the voters had spoken, long-time Republican Madison Mayor Mary Hawkins Butler filed suit to have the initiative thrown out on what can fairly be described as a technicality. And last Friday, the state Supreme Court,
consisting of five justices appointed by Republican governors and four selected in nonpartisan elections, agreed, overturning the clear will of the voters because the legislature has failed to act for two decades on a constitutional housecleaning issue.
Under a provision of the state constitution added in the 1990s, Section 273, initiative campaigns are required to get one-fifth of signatures from each of five congressional districts, which seems straightforward enough. The only problem is that since congressional reapportionment after the 2000 census, the state only has four districts, making it impossible for any initiative to comply with the constitutional language.
Since 2000, the state has seen numerous initiatives, with many, including a 2011 voter ID initiative, becoming state law. None of them have been thrown out because of the conflict between the Section 273 language and reality. Until now.
In its 6-3 decision in Butler v. Watson (Watson being the secretary of state), the Supreme Court rejected the argument that the state's loss of a congressional seat renders the Section 273 language "unworkable and inoperable on its face," and instead pronounced itself bound to find Amendment 65 "insufficient" because it cannot meet the five district requirement. And it pointed a finger back at the legislature:
"Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot-initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress," the court held. "To work in today's reality, it will need amending -- something that lies beyond the power of the Supreme Court."
The decision is not going over well, and not only with medical marijuana advocates, but also in the state legislature, where this week calls arose among lawmakers for a special session to deal with medical marijuana and with the constitutional initiative problem.
"The Mississippi Supreme Court just overturned the will of the people of Mississippi," Ken Newburger, executive director for the Mississippi Medical Marijuana Association, said in a statement. "Patients will now continue the suffering that so many Mississippians voted to end. The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people's constitutional right. It's a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn't matter."
"The Supreme Court's decision effectively told the people of Mississippi: 'You have no voice, no vehicle for voter initiative, y'all's power is over,'" said Diesoul Blankenship of Mississippians for Medical Marijuana. "It's nothing short of erroneous and illegal."
"228,000 Mississippians signed petitions to put medical marijuana on the ballot last year, and an overwhelming majority of the state voted to approve it in November," said Angie Calhoun, Board Member of the Mississippi Medical Marijuana Association. "In addition to silencing the votes of three-fourths of the state, today the Supreme Court squashed the hope of thousands of patients like my son, who will now not be able to find relief through medical marijuana. As a mother of a patient, I am heartbroken and outraged that this was allowed to happen."
National supporters of Amendment 65 chimed in, too.
In a statement last Friday, Marijuana Policy Project deputy director Matthew Schweich called it a "cruel and tragic day" for Mississippi patients and described the court decision as "deeply flawed."
"As a result, tens of thousands of Mississippians with debilitating health conditions will be denied safe, legal access to something that can alleviate their pain and improve their quality of life. Instead, they will once again be treated as criminals under the law, Schweich said. "To add insult to injury, this decision not only nullifies the will of hundreds of thousands of voters, it also effectively eliminates Mississippians' right to bring forward ballot initiatives to amend their state's constitution. The legislature must take action to fix the ballot initiative requirements and honor the will of their constituents by enacting Amendment 65 into law through the legislative process."
"Our hearts are broken for the patients in Mississippi who need access to medical cannabis, as well as their families who will continue to watch their loved ones needlessly suffer. We stand with them. The fight for a compassionate medical cannabis law in Mississippi will continue."
There are growing bipartisan calls for a special session to rectify the situation.
Republican House Speaker Phillip Gunn said Monday he is open to the special session. "If the legislature does not act on an issue that the people of Mississippi want, then the people need a mechanism to change the law. I support the governor calling us into a special session to protect this important right of the people," the Republican representative said in a statement.
Democratic state Rep. John Hines told said Tuesday the court's decision against the electorate was shocking and Reeves needed to act. "The governor's in the driver's seat when we're out of session," he said. "It's his prerogative to call a session or not call a session."
A poll released Tuesday could add to the mounting pressure on the governor. It found 60% of respondents disapproved of the Supreme Court ruling and wanted Reeves to call a special session.
Reeves, though, is so far noncommittal. In remarks Tuesday, he said: "The people have spoken. They made their voice heard and voted overwhelmingly to have a (medical marijuana) program and Mississippi should have that."
But when asked directly about calling a special session, his response was: "We are a long way from being able to make that decision."
And the people of Mississippi wait, thwarted.
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The push is on in Raleigh to overhaul the state's Good Samaritan law, which protects from prosecution people who report a drug overdose to medical authorities. The state passed a limited Good Samaritan bill in 2013, but the North Carolina Harm Reduction Coalition calls it "currently one of the weakest in the country."
The current Good Samaritan law is unclear on whether its protective provisions apply to the person actually suffering the overdose, and as a result, people like Jordan Dean end up being
arrested for suffering a heroin overdose. Dean, 27, and a buddy were both passed out in a car in a grocery store parking lot, an employee called it in, and although both EMS and police came to the scene, Dean ended up in the back of a squad car on the way to jail.
As North Carolina Health News reported, his case is not the only one. The state-level health media outlet cited similar cases of overdoses followed by arrests in Vance and Franklin counties.
Groups such as the North Carolina Harm Reduction Coalition (NCHRC) and the North Carolina AIDS Action Network (NCAAN) are now getting behind an effort to strengthen the law with House Bill 852. The bill specifies that immunity from prosecution applies to the overdose victim as well as the person who reports the overdose.
Similar legislation passed the Senate in 2019, but failed to get through the House.
HB 852 also extends that immunity to include all drug possession offenses. Under the current law, people who overdose and are in possession of more than one gram of heroin or cocaine can still be charged with drug possession. And it includes a broader range of substances, including most significantly, fentanyl, that would be subject to those same protections.
"Our [current] law is actually one of the most limited in the country," said NCAAN executive director Lee Storrow, who, along with members of the Department of Health and Human Services opioid overdose prevention team, is helping lead the push for the bill. "When the Good Samaritan Law was enacted, our drug supply looked very different," he added. "Right now the main case of drug overdose in North Carolina is fentanyl -- but possession of fentanyl is not protected under our Good Samaritan Law, so it's a real barrier for people calling 911."
Another provision in the bill applies those same protections to overdose calls involving underage drinking.
The two groups joined with family members of overdose victims for a press conference and rally outside the General Assembly on Tuesday to call on lawmakers to save lives by advancing the bill.
"If people fear that they're still going to be arrested, the idea that they're protected from prosecution doesn't necessarily feel all that helpful," said Lee Storrow, head of the North Carolina AIDS Action Network.
Families who have suffered overdose deaths also spoke out.
"There can't be any question when people are together and someone overdoses of whether or not they should dial 911," said Randy Abbott, who lost his 24-year-old daughter to a drug overdose in 2015, when her friends panicked instead of seeking help.
"We know they panicked, and we know the things that happened when they panicked, like getting stuff out of the house, putting it in her car, lots of different things that the detectives were able to figure out," Abbott said. "But they didn't dial 911."
"As a nurse practitioner that works in addiction medicine and who lost my younger brother to overdose, I felt called to come to the General Assembly to support HB 852. This bill would save countless lives," said Charlotte resident Elisa Edgerton.
NCHRC and the other advocates at the Tuesday press conference are working to make it so. After the media event, they headed inside to lobby members of the House Judiciary Committee.
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Your cannabis consumption has a carbon footprint, and when everybody's cannabis consumption is added up, that carbon footprint gets mighty big. But most of that climate-changing impact is coming from marijuana grown under lights indoors with extensive heating, air conditioning, and electrical requirements. Marijuana grown outdoors, or in greenhouses or hoop houses, doesn't require any of that, and has virtually no impact on greenhouse gas emissions.
It would appear that the ethical thing for marijuana consumers to do when it comes to addressing climate change is to rely on outdoor, sun-grown marijuana. But that is just for starters. Environmentally conscious consumers can get really serious and demand marijuana that is sun-grown, organic, and produced in a sustainable and regenerative fashion.
Before getting to solutions, let us first come to grips with the scope of the problem. Given that much of the marijuana grown in the United States goes into the black market, no one is quite sure just how much weed we produce. But a 2019 study from industry analysts New Frontier Data estimated that we are closing in on 35 million pounds a year, a figure that we could hit as early as 2025. (California alone accounted for more than 12 million pounds of illegal exports in 2019, according to the report.) A 2012 report from researchers at the University of California at Berkeley estimated 30 million pounds nationwide.
That is a lot of weed, and it has an environmental impact. That same UC Berkeley study found that marijuana cultivation accounts for at least 1 percent of all the electricity consumed in the country, at a cost of $6 billion a year. (Note that outdoor grows can be done without any electricity.) That translates into greenhouse gas emissions equivalent to 3 million cars, the researchers estimated.
A 2018 report New Frontier Data found that each gram of harvested indoor flower comes at a cost of one pound of carbon emissions, or 2.6 million tons of carbon dioxide each year. That same report found that growing indoors creates nearly 25 times more carbon and uses 18 times more electricity than outdoor grows.
More recently, researchers at Colorado State University published a March study showing how shifting grows from indoors to outdoors could almost eliminate the industry's carbon footprint. Going outdoors would reduce greenhouse gas emissions from the industry in the state by 96 percent, reducing Colorado's total emissions by 1.3 percent.
The industry is headed in that direction, but at an achingly slow pace.
That 2019 New Frontier Data study found that only 44 percent of marijuana cultivation operations were outdoor grows. A Cannabis Business Times 2020 State of the Industry Report had similar numbers. It found that 42 percent of grows were outdoor, 41 percent were greenhouse, and 60 percent were indoor. (The numbers exceed 100 percent because many operators rely on two or even all three methods.)
The good news, according to Cannabis Business Times, is that the number of indoor operations declined steadily over the past five years, dropping from 80 percent to 60 percent, while greenhouse grows increased by 7 percent and outdoor grows by 5 percent.
Dale Gieringer, the longtime head of California NORML, has been following the evolution of marijuana growing for decades, back to the 1980s, when raids on northern California pot growers helped prompt the move toward indoor cultivation. It was just easier to hide the crop from the cops, but that required artificial lights and all the other inputs for an indoor crop.
"Indoor never made any sense to us, any more than indoor wheat or any other indoor agricultural crop," Gieringer told the Chronicle. "That's the whole beauty of marijuana: Unlike pharmaceutical drugs, you can make it with pure sunlight; it's very carbon neutral and energy efficient when you do it that way."
Nowadays, said Gieringer, it is not the need to hide from law enforcement but the need to comply with stringent regulatory requirements that induces growers to go under the lights.
"All those security precautions the government puts on to protect us have driven a lot of people indoors," he said. "One of the weird things that happened in California was that authorities got real skittish about outdoor growing in a lot of places and so, early on, we had these towns out in the desert that opened up huge indoor grow facilities that have to be air conditioned. None of that makes any sense to me; it's just the way things have been regulated."
One group that encourages not just outdoor cultivation but outdoor cultivation with the best practices in Sun+Earth Certified, the leading nonprofit certification for regenerative organic cannabis.
Sun+Earth Certified was founded two years ago on Earth Day by cannabis industry leaders, experts, and advocates with a common commitment to regenerative organic agriculture, farmer and farmworker protections, and community engagement.
To earn the Sun+Earth seal, marijuana farms must be not only organic (no chemical fertilizers or toxic pesticides), but also use sustainable methods that regenerate the soil, such as using cover crops, composting, reduced soil tillage, and planting the crop alongside food crops. All of these practices suck carbon out of the atmosphere.
"The multi-billion dollar cannabis industry has an important obligation to shift away from high levels of energy consumption and chemical-intensive farming practices, and Sun+Earth has the blueprint for how to do that," said Sun+Earth Executive Director Andrew Black during an Earth Day virtual press conference marking the organization's two-year anniversary.
"In two years, we've grown to 33 cannabis farms and hope to finish the year with 60 total certifications," said Sun+Earth executive director Andrew Black. "This shows demand at both the farmer and consumer level for high-bar certifications for regenerative sustainable cannabis production."
The group is striving to set the gold standard for more-than-organic marijuana production.
"Our certification is tougher than normal USDA organic farming requirements," Black said. "Farmers must build soil fertility using natural resources from the farm itself to create living, bio-rich soil. And there are written contracts to protect farm labor and on how to engage with and uplift the local community. Those aren't part of any other organic standard."
Sun+Earth certified farmers are a world away from industrial cannabis production indoors and under lights.
"I credit the plant with bringing me into the consciousness of being in a living system on a living planet," said Tina Gordon of Moon River Farm, a Sun+Earth certified grower in southeast Humboldt County. "We do less than half an acre, in the ground in full air under the sun. The plants are exposed to the elements. You think about how the plants are grown and how they react to the natural environment, and you ask yourself what does the land around us offer? What is the responsible way to live? You have to do this in the best possible way with the best possible practices, not just for the plant, but for the people and the community. That's why Sun+Earth resonates so deeply for me. We can care for and heal the planet and ourselves with cannabis."
As Gordon and fellow Sun+Earth certified grower Chrystal Ortiz, founder of High Water Farm, demonstrate, best practices means adapting to the land, not trying to bend it to one's will.
"We're in an oak grove and we chip the oak for mulching," Gordon said. "We mulch on top of where the plants grow and also beside them, and the mycelium starts eating the wood, and we flip that back into the soil, so it's soil-building. The mycelium is also breaking down a thick layer of leaves, making humus; this is how trees grow. We start with what feeds these native plants, and then we start tuning in on the essentials. We use rainwater from the top of the property, and of course, we utilize the sun. When this plant goes indoors, the opportunity to understand how and where this plant is grown is lost."
Ortiz's High Water Farm occupies a different growing environment, and that makes for a different growing method.
"What is unique about farming here is that it is way different than Tina's experie of mulching and mycelium. I'm working in a beautiful, silty canvas in the Eel River watershed that fills with water every winter, a zen canvas that is rebuilt every year. Farming in the silt is different from forest cultivation. I'm learning new ancient traditions," the second-generation grower said.
"We do dry farming with a cover crop, and we till the cover crop, run sheep that eat the cover, till the sheep poop and composted cover crop into the ground, and then we plant our plants directly into the ground," she elaborated. "There is no water or fertilizer added whatsoever for the entire cycle. We just look at the ancient redwoods with their wide shallow root systems; they figured it out, and we follow the same process. We have wide plant spacing, the sunshine hitting this native soil and the evaporation of the water table. It's a very unique, faithful way to grow. When the plant gets the strength and resilience it needs, we're off to the races for another beautiful season."
Sun+Earth fills only a tiny niche in the massive marijuana economy, but it is a niche that is growing and one that can begin to shift practices in the industry.
"We're trying to build a truly green cannabis economy, and that means educating at the dispensary level about why Sun+Earth cannabis is important and how consumers can support farmers by buying their products," said Black. "If we want to keep these farms on the land, they have to be supported in the marketplace."
"Right now, the expansion of Sun+Earth is happening organically," Black said. "We're creating demand in California, where we have an active campaign to promote Sun+Earth at point of sale. And we're trying to create campaigns that attract more of a national audience. For instance, last fall, we had a fundraising campaign where Dr. Bronner's Magic Soaps created a cannabis-scented soap made from hemp extract from a Sun+Earth certified farm in Oregon."
Those campaigns are getting the word out beyond California, Black added, pointing to four farms in Oregon, two in Washington, a hemp farm in Wisconsin, and an urban medical marijuana grow in Detroit.
"We're working on expanding to the Eastern Seaboard, too, maybe soon in Massachusetts, where local ordinances allow for outdoor grows, In some jurisdictions, they don't allow outdoor production, which is crazy."
What's really crazy, though, is contributing to the global climate crisis by smoking indoor-grown, high carbon footprint weed. As the example of Sun+Earth shows, conscious consumers can make a difference by supporting conscientious producers.
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Mississippians rallied Tuesday to demand a legislative special session to restor the voter-approved medical marijuana law, a New Mexico patient sues over purchase and plant limits, and more.
ColoradoColorado Bill to Restrict Concentrates Causes Uproar. A bill that would bring new medical marijuana restrictions, House Bill 21-1317, is generating resistance from parents of child medical marijuana patients, who say it would cause severe barriers to their care. The bill would require physicians to include THC potency level, daily quantity, and directions for use. The bill also imposes new restrictions on medical marijuana for young adults in the 18-to-20 group, who would be required to see two physicians from different practices in order to qualify.
Minnesota
Minnesota Governor Signs into Law Bill Legalizing Smokable Medical Marijuana. Governor Tim Walz (D) on Tuesday signed into law a medical marijuana expansion bill that includes allowing adult patient to use smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state's cannabis commissioner authorizes it.
Mississippi
Mississippians Rally to Demand Special Session to Pass Medical Marijuana. Protestors marched Tuesday from the Supreme Court to the governor's mansion calling for a special session of the legislature after the state Supreme Court last week threw out a voter-approved medical marijuana law. The measure had passed with 74% of the vote, but the court tossed it because the state constitution requires signature gathering requirements in five US representative districts and the state has only had four of them since 2000.
New Mexico
New Mexico Patient Sues State Over Medical Marijuana Purchase Limits, Plant Counts. Medical marijuana patient and activist Jason Barker is suing the state over limits on medical marijuana purchases. Under the state's new marijuana legalization law, people can buy up to two ounces at a time, but under state rules, patients may only purchase eight ounces every 90 days. "The law is clear, all medical cannabis patients may purchase at least two-ounces of medical cannabis at any one time, tax free, beginning on June 29, 2021," Barker's lawyer said. Barker also alleges the state's 1,750-plant cap on medical marijuana producers infringes on patients' rights by reducing supply and increasing prices.
Pennsylvania
Pennsylvania Bill to Make Pandemic-Era Lessening of Delivery Restrictions Permanent Wins House Committee Vote. The House Health Committee on Monday approved a proposal to make permanent pandemic-related loosening of the state's medical marijuana rules permanent, House Bill 1024 The state Health Department allowed curbside pickups and the purchase of three-month supplies during the pandemic, and this bill would retain those changes. It now heads for a House floor vote.
Texas
Texas Senate Committee Approves Medical Marijuana Expansion Bill. The Senate State Affairs Committee voted Monday to approve House Bill 1535, which would expand the state's medical marijuana program to include all forms of PTSD and cancer, but not chronic pain. The bill still needs to pass the Senate, and if it does, then go back to the House for approval of changes made in the Senate. since 2000.
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A Minnesota deputy cops a plea for being on fentanyl during a deadly high-speed pursuit, a small town Maine police offcer's problems just got much worse, and more. Let's get to it:
In Muleshoe, Texas,
a former Bailey County sheriff's deputy was arrested last Friday on unspecified drug charges. Ex-Deputy Jorge Torres was arrested along with two other people. All three are charged with possession of a controlled substance between 3 and 400 grams. The charge is a first-degree felony. Torres was a deputy until he was fired upon arrest.
In Bangor, Maine, a former Calais police officer arrested in February was indicted last Friday on 35 counts, including multiple counts of stealing drugs and guns from the police department. Jeffrey Bishop, 53, was originally arrested for providing drugs to a teenage girl in a high school parking lot, but now is in much deeper trouble. He now faces five counts of stealing drugs from the department and 24 counts related to 16 stolen guns police found in his home in February. He also was indicted on four charges of aggravated furnishing of drugs and one charge of unlawful trafficking in drugs.
In Fergus Falls, Minnesota, an Otter Tail County sheriff's deputy signed a plea agreement Sunday after being found to be under the influence of fentanyl during a police pursuit that resulted in the deaths of two innocent people. Deputy Kelly Douglas Backman, 43, went down after the post-crash investigation revealed he had fentanyl in his system and had failed to submit evidence in narcotics cases. He will plead guilty to official misconduct and serve 30 days of electronic home monitoring. A misdemeanor DUI charge was dismissed. Prosecutors dismissed several drug cases Backman investigated because he would be considered an unreliable witness in court.
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The Louisiana House rejected marijuana legalization but is now considering a legalization study resolution, Arizona's governor signs into law a bill legalizing fentanyl test strips, and more.
magic mushrooms (Creative Commons)
Louisiana House Committee Approves Resolution Calling for Study of Marijuana Legalization. Days after a marijuana legalization bill died in the House, a House committee has approved a resolution calling for the creation of a committee to study the impacts of legalization. The committee would include legislative leaders, prosecutors, sheriffs, medical marijuana industry representatives, criminal justice reform advocates, LSU, and Southern Ag.
Medical Marijuana
New Mexico Patient Sues State Over Medical Marijuana Purchase Limits, Plant Counts. Medical marijuana patient and activist Jason Barker is suing the state over limits on medical marijuana purchases. Under the state's new marijuana legalization law, people can buy up to two ounces at a time, but under state rules, patients may only purchase eight ounces every 90 days. "The law is clear, all medical cannabis patients may purchase at least two-ounces of medical cannabis at any one time, tax free, beginning on June 29, 2021," Barker's lawyer said. Barker also alleges the state's 1,750-plant cap on medical marijuana producers infringes on patients' rights by reducing supply and increasing prices.
Harm Reduction
Arizona Governor Signs Bill Legalizing Fentanyl Test Strips. Gov. Doug Ducey (R) on Wednesday signed into law a bill that legalizes fentanyl test strips in a bid to reduce drug overdoses in the state. The bill is SB1486. Drug use claims far too many lives each year," Ducey said in a signing statement. "We want everyone who is using drugs to seek professional treatment. But until someone is ready to get "help, we need to make sure they have the tools necessary to prevent a lethal overdose."
Psychedelics
California Psychedelic Decriminalization Bill Heads for Senate Floor Vote. A bill that would decriminalize the possession of psychedelics, Senate Bill 519, has passed out of the Senate Appropriations Committee and is now headed for a Senate floor vote. The bill would remove criminal penalties for possessing or sharing numerous psychedelics -- including psilocybin mushrooms, DMT, ibogaine, LSD and MDMA -- for adults 21 and older. Mescaline derived from peyote is not included because of concerns about its scarcity for Native American Church religious purposes.
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The House could see a marijuana legalization bill as early as next week, an Illinois marijuana social equity bill heads for a state House floor vote, and more.
Marijuana PolicyHouse Marijuana Legalization Bill Could Be Filed as Early as Next Week. House Judiciary Chairman Rep. Jerrold Nadler (D-NY) could refile the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act as soon as next week, according to Capitol Hill sources. This year's version omits language that would have barred people with marijuana convictions from being able to operate in the legal industry. And it adds language that broadens help for economically disenfranchised people.
Colorado Governor Signs Bill Doubling Legal Possession Amounts. Governor Jared Polis (D) on Thursday signed into law House Bill 21-1090, which doubles the amount of marijuana adults can legally possess from one ounce to two ounces. It also streamlines the record-sealing process for past marijuana possession convictions and expands record-sealing eligibility to include additional marijuana offenses. The new law takes effect immediately.
Illinois Marijuana Social Equity Bill Heads for House Floor Vote. A bill designed to increase participation in the legal marijuana industry for people from distressed communities, House Bill 1443, is now headed for a House floor vote. "The bill will correct a flawed license lottery system that has prevented minorities from ownership in the industry," Rep. La Shawn Ford (D-Chicago) the bill's chief sponsor, said during a news conference Thursday.
Medical Marijuana
Colorado Bill to Restrict Concentrates Causes Uproar. A bill that would bring new medical marijuana restrictions, House Bill 21-1317, is generating resistance from parents of child medical marijuana patients, who say it would cause severe barriers to their care. The bill would require physicians to include THC potency level, daily quantity, and directions for use. The bill also imposes new restrictions on medical marijuana for young adults in the 18-to-20 group, who would be required to see two physicians from different practices in order to qualify.
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An Illinois marijuana equity bill heads for a House floor vote, a loosening of medical marijuana regulations during the pandemic may be made permanent in Pennsylvania, the Texas legislature advances bills to reduce penalties for pot concentrates and to study the therapeutic use of psychedelics, and more.
The Shining Path is suspected of massacring villagers in a coca-producing region of Peru. (Pixabay)
Illinois Marijuana Equity Licensing Bill Heads to House Floor. A bill designed to get more people from drug war-ravaged communities involved in the legal marijuana industry, House Bill 1443, has passed out of the House Rules Committee and is now headed for a House floor vote.
Louisiana House Passes Marijuana Study Resolution. The House on Monday approved House Resolution 1, which directs the House Criminal Justice Committee to conduct a study of the impact of the use and legalization of marijuana. The move comes after efforts to approve legalization stalled in the legislature last week.
Texas Legislature Approves Bill to Lessen Penalties for Marijuana Concentrates. The Senate has approved House Bill 2593, which would reduce the penalty for the possession of up to two ounces of marijuana concentrates to a class B misdemeanor. The measure has already passed the House and now heads to the desk of Gov. Greg Abbott (R).
Medical Marijuana
Pennsylvania Bill to Make Pandemic-Era Lessening of Delivery Restrictions Permanent Wins House Committee Vote. The House Health Committee on Monday approved a proposal to make permanent pandemic-related loosening of the state's medical marijuana rules permanent, House Bill 1024. The state Health Department allowed curbside pickups and the purchase of three-month supplies during the pandemic, and this bill would retain those changes. It now heads for a House floor vote.
Texas Senate Committee Approves Medical Marijuana Expansion Bill. The Senate State Affairs Committee voted Monday to approve House Bill 1535, which would expand the state's medical marijuana program to include all forms of PTSD and cancer, but not chronic pain. The bill still needs to pass the Senate, and if it does, then go back to the House for approval of changes made in the Senate.
Methampheamine
Oregon Bill Would Re-Legalize Over-the-Counter Pseudoephedrine Sales. In 2006, Oregon became the first state to ban OTC sales of cold and allergy remedies because they contain pseudoephedrine and could be used in home meth manufacture. Now, a new bill, House Bill 2648, would end the ban and allow anyone over 18 to buy products containing pseudoephedrine without a prescription, has been filed. It is currently before the Senate Health Care Committee.
Psychedelics
Texas Senate Approves Therapeutic Psychedelic Study Bill. The Senate has approved House Bill 1802, which would require the state to study the therapeutic potential of psychedelic substances such as psilocybin and MDMA. The bill now goes back to the House for approval of a budget-neutrality amendment passed in the Senate.
International
Peru Coca Zone Massacre Leaves 14 Dead. At least 14 men, women, and children were killed in a massacre in the Ene River Valley, one of the country's most important coca-growing areas. Pamphlets from a Shining Path splinter group were left at the scene, and authorities were pointing the finger at the group. Shining Path, a Maoist-inspired guerrilla group, led a brutal insurgency that left 70,000 dead in the 1980s, but had largely been eliminated since 1992. But remnants remain in the Valleys of the Apurimac, Ene, and Mantaro Rivers (VRAEM), where they have morphed into coca and cocaine traffickers.
Philippines Senator Lobbies for Death Penalty for Drug Offenses. Senator Ronald dela Rosa, who once led the Duterte administration's bloody war on drugs, argued that the death penalty for drug offenses should be reinstated Tuesday during a hearing on a bill that aims to toughen the Dangerous Drugs Act of 2002. He complained that imprisoned Chinese drug lords were still running their businesses from behind bars, saying "the frustration of law enforcement is that had these drug lords been executed, we would not have these problems now." But drug reform advocate Dr. Lee Edson Yarcia pointed out that under the proposed bill, the death penalty is not imposed on top drug lords or syndicates: "This was included in the provision about persons who are in possession of dangerous drugs during parties, social gatherings, or meetings," he noted. The House passed a reform bill last year, but the Senate has yet to file one. This was a preliminary hearing.
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A new poll shows strong support for marijuana legalization in the Mountaineer State, a Louisiana bill to end the threat of jail time for pot possession advances, and more.
Minnesota medical marijuana patients will soon be able to smoke their medicine. (Creative Commons)
Illinois House Passes Marijuana Equity Bill. The House on Tuesday passed House Bill 1443, which would revamp the state's system for awarding marijuana dispensary licenses with an eye toward increasing minority participation in the legal industry. The bill would create two new lotteries for dispensary licenses creating 110 new licenses in addition to the 75 already licensed. The bill now heads to the Senate, which has until Monday's legislative deadline to pass it with a simple majority.
Louisiana House Panel Advances Bill to Lower Marijuana Penalties. The Senate Judiciary C Committee voted on Tuesday to approve House Bill 652, which would remove the threat of jail time for low-level marijuana possession offenses. Pot possession would remain a misdemeanor, but punishable only by a $100 fine. The bill has already passed the House and now heads for a final Senate floor vote.
West Virginia Poll Has Strong Support for Marijuana Legalization. A new poll from Change Research finds strong support for marijuana legalization in the state. Some 70% of registered voters supported marijuana legalization, 77% supported Congress doing it this year in light of legalization in other countries, and 89% supported allowing medical marijuana to be dispensed in VA facilities.
Medical Marijuana
Minnesota Governor Signs into Law Bill Legalizing Smokable Medical Marijuana. Governor Tim Walz (D) on Tuesday signed into law a medical marijuana expansion bill that includes allowing adult patient to use smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state's cannabis commissioner authorizes it.
Mississippians Rally to Demand Special Session to Pass Medical Marijuana. Protestors marched Tuesday from the Supreme Court to the governor's mansion calling for a special session of the legislature after the state Supreme Court last week threw out a voter-approved medical marijuana law. The measure had passed with 74% of the vote, but the court tossed it because the state constitution requires signature gathering requirements in five US representative districts and the state has only had four of them since 2000.
International
Mexico's Head of State Police in Sinaloa Gunned Down. Presumed cartel gunmen ambushed Joel Ernesto Soto, director of the Sinaloa State Police, on Monday, killing him. He was found dead in his bullet-riddled car on the outskirts of Culiacan, the state capital. Sinaloa is the home of the Sinaloa cartel, which is now embroiled in internecine violence as well as armed conflict with the rival Jalisco New Generation cartel.
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Little Rock makes small-time pot possession the lowest law enforcement priority, a Texas medical marijuana expansion bill is now one House vote away from passing, and more.
Marijuana legalization has overwhelming support in new polls from New Hampshire and Utah. (Creative Commons)
New Hampshire Poll Has Strong Support for Marijuana Legalization. A new poll from the University of New Hampshire has 75% support for marijuana legalization, with even a slightly higher number (78%) saying they supported letting people by it from licensed retailers if it is legalized. Support for Governor Chris Sununu (R), who opposes legalization, by contrast, is at 51%.
Utah Poll Has Strong Support for Marijuana Legalization. A new poll from Change Research and released by the US Cannabis Council had support for regulating and taxing marijuana like alcohol at 73% and support for federal marijuana legalization at 66%.
Little Rock Makes Marijuana Possession Lowest Law Enforcement Priority. City directors approved a municipal ordinance to make misdemeanor marijuana offenses the lowest law enforcement priority on a 7-3 vote Tuesday. Although the police chief said the department hasn't sent anyone to jail for small-time pot possession for several years, directors said without a formal policy there was a risk of selective enforcement.
Medical Marijuana
Texas Senate Approves Medical Marijuana Expansion Bill. The Senate late Tuesday approved House Bill 1535, which would expand the state's medical marijuana program to include all forms of PTSD and cancer, but not chronic pain. The bill now goes back to the House for approval of changes made in the Senate.
Drug Policy
Maine Joint Committee Advances Drug Decriminalization Bill. The Joint Criminal Justice and Public Safety Committee on Tuesday approved a drug decriminalization bill, LD 967, but was split on how to handle decriminalization as the bill goes forward. The bill would make drug possession a civil violation punishable by a $100 fine, which could be waived if they submit to an "evidence-based assessment for proposed treatment for substance use disorder."
International
Morocco House Votes to Legalize Hemp, Medical Marijuana. The House on Wednesday approved a bill legalizing hemp and medical marijuana. The bill would allow for "the legal uses of cannabis, medical, cosmetic and industrial," with the aim of "converting illicit crops that destroy the environment into sustainable legal activities that generate value, money and employment." The bill must still be approved by the legislature's upper house.
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The proposed Biden budget retains the ban on selling and taxing marijuana in Washington, DC, marijuana consumption lounge bills are moving in California and Nevada, and more.
Maryland Gov. Larry Hogan (R) has vetoed a bill that would decriminalize the possession of drug paraphernalia. (Creative Commons
Federal Marijuana Legalization Bill Introduced in House. House Judiciary Committee Chair Jerry Nadler (D=NY) reintroduced a marijuana legalization bill Friday morning, the Marijuana Opportunity Reinvestment & Expungement (MORE) Act. The House passed a similar version of the bill last year, only to see in die in the GOP-led Senate. This year, Senate Majority Leader Chuck Schumer (D-NY) says he will filed a legalization bill shortly.
Biden Budget Keeps Ban on DC Marijuana Sales. President Biden's first proposed budget retains congressionally imposed on selling and taxing marijuana in the nation's capital. House Democrats could ignore that that proposal and vote to undo the budget rider that blocks the District from moving forward, but that could get complicated in the evenly divided Senate.
California Assembly Approves Bill to Allow Food and Drink Sales at Marijuana Consumption Lounges. The Assembly on Thursday approved Assembly Bill 1034, which would alter the state's marijuana laws, which already allow consumption lounges, to allow those lounges to sell non-marijuana foods and drinks. The bill now heads to the Senate.
Nevada Assembly Approves Marijuana Consumption Lounge Bill. The Assembly on Thursday approved Assembly Bill 341 on a 29-12 vote. The bill would allow existing pot retailers to open a consumption lounge at one of its facilities. The bill now heads to the Senate.
Medical Marijuana
Colorado Bill with Stricter Rules for Medical Marijuana Wins Committee Vote. After a lengthy hearings, the House Public& Behavioral Health & Human Services Committee unanimously approved a bill, House Bill 1317, proposing stricter rules for medical marijuana patients and physicians, as well as new packaging requirements for commercial marijuana concentrate and state-funded research into the mental-health effects of potent marijuana products. The bill now goes before the House Finance Committee.
Florida Supreme Court Upholds Restrictive Medical Marijuana Rules. In a ruling Thursday, the state Supreme Court upheld the state's restrictive medical marijuana rules, rejecting a challenge from a grower who was denied a license. The grower had argued that the state's regulation did not comply with the 2016 constitutional amendment allowing medical marijuana. A 2017 law created steep barriers to entry in the industry by mandating that licensees had to operate in every aspect of the business.
Drug Policy
Federal Bill to Make Fentanyl Schedule I Filed in House. A bipartisan pair of congressmen filed the Federal Initiative to Guarantee Health by Targeting (FIGHT) Fentanyl Act on Thursday. The drug and its analogs have been temporarily placed in Schedule I, a classification that was set to expire earlier this month, but was extended to October 2022. This bill, and companion legislation already filed in the Senate, would make the move permanent.
Illinois Legislature Approves Bill Restoring Food Stamp Benefits for Drug Felons. With a vote in the Senate Thursday, the legislature has approved House Bill 88, which would provide that a conviction for a drug crime would no longer make people ineligible for Temporary Assistance for Needy Families (food stamps) benefits. The ban is federally imposed, but contains a provision allowing states to opt out from enforcing it, and nearly all states have.
Harm Reduction
Maryland Governor Vetoes Drug Paraphernalia Decriminalization Bill. Governor Larry Hogan (R) vetoed a bill that would have decriminalized the possession of drug paraphernalia on Wednesday, Senate Bill 420. He cited public safety concerns in his veto message. But bill sponsor Senator Jill Carter (D-Baltimore) has vowed to override the veto. The bill passed with a veto-proof majority in the House, but not the Senate.
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