The MORE Act is back, and the effort to end federal marijuana prohibition in Congress this year is now underway.
Amid increasing warnings from officials of the International Criminal Court about insufficient resources and a need to prioritize, the ICC's Chief Prosecutor on the second-to-last day of her term sought authorization from the court's pretrial chamber to proceed with an investigation into the Philippine drug war killings.
Mississippi's Republican governor says the legislature should create a medical marijuana program, a Pennsylvania court upholds the unemployment claims of a patient fired for off-the-job medical marijuana use, and more.
A dope-slinging Michigan detective gets popped, a Tennessee constable was seizing drugs and training his drug dogs with it instead of turning it in, and more.
Louisiana is one signature away from marijuana decriminalization, Colorado's governor signs a bill tightening up medical marijuana regulations, and more.
Connecticut's marijuana legalization bill gets bumped to a special session later this month, Washington state marijuana regulators allow pot shops to hand out free joints to people who get vaccinated in-store, and more.
Marijuana legalization bills in Delaware and Rhode Island get delayed, Morocco's parliament has approved the legalization of hemp and medical marijuana, and more.
Brazil's lower chamber of parliament approves a hemp and medical marijuana bill, a federal appeals court hears arguments in marijuana rescheduling case, and more.
Connecticut lawmakers will meet in special session this week in a bid to get marijuana legalization done, Wyoming activists began initiative campaigns for marijuana decriminalization and medical marijuana, and more.
House Judiciary Committee Chairman Jerrold Nadler (D-NY) took to the House floor last Friday to begin the push to end federal pot prohibition this year with the introduction of the Marijuana Opportunity Reinvestment and Expungement (MORE) Act.
Can marijuana legalization get through Congress this year? And would Biden sign it? (Creative Commons)
"For far too long, we have treated marijuana as a criminal justice problem instead of as a matter of personal choice and public health. Whatever one's views are on the use of marijuana for recreational or medicinal use, the policy of arrests, prosecution, and incarceration at the federal level has proven unwise and unjust,"
Nadler said as he addressed his colleagues. "In my view, applying criminal penalties, with their attendant collateral consequences for marijuana offenses is unjust and harmful to our society. The MORE Act comprehensively addresses this injustice, and I urge all of my colleagues to support this legislation."
The bill's initial cosponsors are Representatives Earl Blumenauer (D-OR), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX), Hakeem Jeffries (D-NY) and Nydia Velázquez (D-NY. A similar version of the MORE Act passed the House last year, only to die from inaction in the Republican-controlled Senate. But this year, the Democrats are in control, and Senate Majority Leader Chuck Schumer (D-NY) has said he is preparing to file a bill in the upper chamber soon.
"Last year, we saw more progress toward cannabis legalization than ever before. This has been driven by unprecedented reforms at the state level. Now, Congress must deal with the problems created by the failed federal policy of prohibition," said Rep. Blumenauer, founder and co-chair of the Congressional Cannabis Caucus in a press release. "With a strong base of support in the House and in the Senate, the table is set. It's past time that we stop federal interference with cannabis banking and research, as well as the terrible pattern of selective enforcement that has devastated communities of color. The MORE Act will help address all of these problems and more."
The MORE Act has three main provisions:
- It removes marijuana from the Controlled Substances Act, making it legal at the federal level and clearing the way for states to legalize it at home.
- It mandates that federal courts must expunge past marijuana convictions and allows them to hold resentencing hearings for those still behind bars or under non-custodial supervision.
- It makes an effort to redress drug war wrongs and racially disparate enforcement by assessing a 5 percent sales tax on marijuana and pot products, which will be used fund three different grant programs for drug war victims, loans to small businesses "owned and controlled by socially and economically disadvantaged individuals," and to eliminate licensing and employment barriers for people "most adversely impacted" by drug prohibition.
The bill would also make legal marijuana businesses eligible for Small Business Administration funding, bar discrimination against people who use or possess marijuana (such as in federal housing) and require the Bureau of Labor Statistics to collect data on industry demographics to monitor how much poor people and minorities are actually participating in the industry.
"The MORE Act would not only decriminalize marijuana federally, but also take steps to address the harmful impacts of federal prohibition, particularly on communities of color," said Rep. Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security. "We need to pass the MORE Act as an important component of a broader effort to reform our drug laws, which disproportionately harm racial minorities and fuel mass incarceration. That is why I am also working to advance additional legislation to achieve comprehensive reform of our criminal justice system."
The Drug Policy Alliance (DPA) is part of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups (155 organizations in all) that are backing the bill. It worked closely with Rep. Nadler on the original language of the bill last year and has been closely involved ever since.
"It is clear, by the overwhelming extent to which they passed the MORE Act last session, that the House understands this for the urgent racial and social justice issue it is," DPA Director of the Office of National Affairs Maritza Perez said in a statement. "Our communities that have borne the brunt of marijuana prohibition have waited long enough for justice. We urge House leadership to move swiftly to bring the bill back to the floor this session, so that we can continue the momentum and move a marijuana justice bill in the Senate as well."
Unsurprisingly, the Marijuana Policy Project (MPP) is also onboard.
"It's clear that Americans overwhelmingly support ending cannabis prohibition. Reintroducing the MORE Act is a powerful way to reorient negotiations around legalization that gives our entire nation the power to choose cannabis for medical and adult use, strengthens a blossoming industry that is creating jobs and fueling economic growth, and begins to rectify the harms of the racially motivated war on cannabis and its disproportionate impact on vulnerable communities through criminal justice reform and social equity initiatives, MPP Executive Director Steve Hawkins said in a statement. "We endorse this bill and urge Congress to pass it."
But the leader of the loudest anti-marijuana reform group in the country, Dr. Kevin Sabet, president of Smart Approaches to Marijuana, also unsurprisingly, thinks it's a bad idea.
"As we have said since the initial introduction of this short-sighted bill two years ago, the MORE Act is a complete non-starter and the wrong approach we need when it comes to federal drug policy," he said in a statement warning of Big Pot. "This bill would fully legalize marijuana; it will not simply decriminalize the drug -- which would only remove criminal penalties for possession. Rather, it's nothing less than the wide-scale commercialization and normalization of a drug that does not resemble the old marijuana of the 1970s."
It's pretty lonesome where Sabet is, though. The most recent Gallup poll had more than two-thirds (68 percent) favoring legalization and still trending up. Now, if somebody will just tell the Senate. And the president, who is so far standing firm not for legalization but for decriminalization. The question is: What will Biden do if he MORE Act lands on his desk?
back to top
Dear friends,
ICC headquarters, The Hague, Netherlands
Today the Office of the Prosecutor of the International Criminal Court
announced it has sought authorization from the court's pretrial chamber to conduct an investigation into the Philippine drug war killings. The announcement comes a day before ICC Chief Prosecutor Bensouda completes her nine-year term.
It was three years ago last February when Bensouda announced a preliminary examination by the Office of the Prosecutor (OTP) into the Philippine drug war killings. That March, as you likely know, President Rodrigo Duterte transmitted a withdrawal notice from the Philippines from the ICC's Rome Treaty. In March of this year, the Supreme Court of the Philippines dismissed court challenges to the withdrawal which argued that Duterte had overstepped his bounds and that the Senate of the Philippines had to ratify the move for it to take effect. Regardless, the court maintains jurisdiction over crimes within its scope committed prior to one year from Duterte's withdrawal notice, meaning through March 2019.
The announcement also comes amid increased warnings by OTP and other ICC officials as well as advocates that the budget provided them by states parties to the treaty is insufficient for its mission, including its current workload of investigations, cases and examinations. In December Bensouda announced a finding in her office's Ukraine preliminary examination that called for an investigation, but OTP has yet to seek the actual legal authorization needed from the court's pretrial chamber to conduct one. So it is encouraging (and a relief) to see her send such a request in the Philippines case. (You can watch our December 2020 expert forum discussing the ICC's resources and other challenges online here.)
Our October 2020 "Autocrat Fair" protest, pro-ICC sign at right.
Perhaps such an announcement will come out today or tomorrow about Ukraine. If not, we can only speculate right now as to the reasons for the different handling. One possible reason is that the Philippines case involves a situation of ongoing atrocities being committed, whereas the Ukraine case involves allegations from 2013 and 2014. Another is President Duterte's withdrawal of Philippines from the Rome Treaty, an attack on the viability if not the very existence of the court itself, and an act that could encourage other rights-abusing leaders to follow suit, if not strongly answered.
How the Office of the Prosecutor will prioritize the Philippines investigation is a question that the incoming prosecutor, Karim Khan, will have to decide. ICC cases are a years-long endeavor under the best of circumstances, much less with the court's tightly-constrained budget, and the current Philippine presidency's hostility toward the investigation. Still, today's news is a major step forward in the process, and one that will make an impact in the court of public opinion.
Prosecutor Bensouda's announcement of the authorization request is online here. An article in the Philippine news outlet Rappler is online here.
back to top
Mississippi's Republican governor says the legislature should create a medical marijuana program, a Pennsylvania court upholds the unemployment claims of a patient fired for off-the-job medical marijuana use, and more.
ColoradoColorado Governor Signs Medical Marijuana Restrictions Bill. Gov. Jared Polis (D) on Monday signed into law House Bill 1317, which includes added medical and mental health reviews during patient applications, an expanded medical marijuana tracking system, and a required dosage amount.
Mississippi
Mississippi Governor Says Legislature Should Create Medical Marijuana Program. In the wake of a state Supreme Court decision invalidating the state's voter-approved medical marijuana law, Governor Tate Reeves (D) says he wants lawmakers to craft a medical marijuana program. "I support the will of the voters... I think we will have a medical marijuana program in Mississippi," he said. "It is imperative that we get it done, and get it done quickly."
New Jersey
New Jersey Patient Sues Former Employer for Firing Him for Off-Duty Medical Marijuana Use. A medical marijuana patient, Jamal Campbell, is suing his former employer, Watco Companies and Watco Transloading LLC, in federal court for firing him for using doctor-recommended medical marijuana to treat an injury he got at work. Campbell says the state's medical marijuana law should protect him. The state's top court ruled last year that employers cannot fire medical marijuana patients for marijuana use as long as they don't use it at work.
Pennsylvania
Pennsylvania House Approves Making Medical Marijuana Pandemic Revisions Permanent. The House on Monday approved a bill which would make permanent changes temporarily put in place during the coronavirus pandemic. Under the bill, patients could continue to pick up their medicine outside a dispensary instead of coming into the building and could purchase a three-month supply instead of a one-month supply. The measure now heads to the Senate.
Pennsylvania Court Oks Unemployment Claim After Medical Marijuana Firing. A state appeals court ruled Tuesday that a warehouse worker fired from his job testing positive for marijuana is entitled to unemployment benefits because his employer was aware he was a medical marijuana patient. With its ruling, the court upheld an earlier decision by the state Unemployment Compensation Board of Review.
back to top
A dope-slinging Michigan detective gets popped, a Tennessee constable was seizing drugs and training his drug dogs with it instead of turning it in, and more. Let's get to it:
In Highland Park, Michigan,
a Highland Park detective was arrested last Wednesday on federal charges for allegedly selling fentanyl-laced heroin while on duty and in uniform. Detective Tiffany Lipkovitch, 45, went down after the FBI used an informant wearing a wire to record drug transactions with her. She is charged with distributing a controlled substance and conspiring to distribute controlled substances, and is looking at up to 20 years in prison.
In Rogersville, Tennessee, the Hawkins County Constable was indicted last Thursday for using drugs seized during traffic stops to train drug detection dogs. Constable William Creasy went down after the local DA sicced the Tennessee Bureau of Investigation on him, and agents found that he had taken drugs from people during traffic stops, but didn't turn them in, instead using them to train drug dogs. He is charged with official misconduct and drug possession.
In Brownsville, Texas, a Cameron County jail guard was arrested Monday for allegedly trying to smuggle drugs into the jail. Guard Juliet Gallardo went down after the state Criminal Investigation Department was called in. She is charged with attempted smuggling of contraband.
back to top
Louisiana is one signature away from marijuana decriminalization, Colorado's governor signs a bill tightening up medical marijuana regulations, and more.
Vermont Gov. Phil Scott (R) has just signed a bill designed to bring social equity to the state's retail pot sector. (CC)
Connecticut Senate Approves Marijuana Legalization Bill. The Senate early Tuesday approved a marijuana legalization bill, Senate Bill 1118. The House is set to take up the bill Wednesday, the end-of-session deadline. The bill is the product of weeks of negotiations between Gov. Ned Lamont (D) and legislative leaders, and final language was only introduced on Saturday.
Louisiana Marijuana Decriminalization Bill Goes to Governor's Desk. With a final vote in the Senate Monday, a bill to decriminalize the possession of up to 14 grams of marijuana, House Bill 652, is now headed for the desk of Gov. John Bel Edwards (D).
Nevada Governor Signs Bill Legalizing Marijuana Consumption Lounges. Gov. Steve Sisolak (D) last Friday signed into law a bill that paves the way for marijuana consumption laws in the state, Assembly Bill 341. It creates two new licensing categories for marijuana businesses, "retail cannabis consumption lounge" and "independent cannabis consumption lounge."
Vermont Governor Signs Marijuana Social Equity Bill. Gov. Phil Scott (R) has signed into law Senate Bill 25, which will establish a fund to help people of color and others affected by past marijuana laws open businesses in the new marijuana market. Retail marijuana sales are set to begin in October 2022 after a bill allowing them passed last year.
Medical Marijuana
Colorado Governor Signs Medical Marijuana Restrictions Bill. Gov. Jared Polis (D) on Monday signed into law House Bill 1317, which includes added medical and mental health reviews during patient applications, an expanded medical marijuana tracking system, and a required dosage amount.
Pennsylvania House Approves Making Medical Marijuana Pandemic Revisions Permanent. The House on Monday approved a bill which would make permanent changes temporarily put in place during the coronavirus pandemic. Under the bill, patients could continue to pick up their medicine outside a dispensary instead of coming into the building and could purchase a three-month supply instead of a one-month supply. The measure now heads to the Senate.
back to top
Connecticut's marijuana legalization bill gets bumped to a special session later this month, Washington state marijuana regulators allow pot shops to hand out free joints to people who get vaccinated in-store, and more.
Marijuana_joint wikim_23.jpg
Connecticut Marijuana Legalization Bill Delayed to Special Session. Facing threats of a filibuster from Republican House members on the last day of the regular session, House Speaker Matt Ritter (D) said he was delaying a planned vote on Senate Bill 1118 and would take up the topic during a special session later this month. That means the bill, which passed the Senate on Tuesday, will technically die at midnight tonight and will have to pass both chambers during the special session.
Washington State Regulators Okay Joints for Jabs. The state Liquor and Cannabis Board announced Monday it will allow licensed dispensaries to provide a free joint to customers who get vaccinated at in-store clinics. "Participating cannabis retailers may only provide a pre-roll joint, and no other product may be provided as part of this allowance," the board said. The temporary allowance will expire on July 12.
Medical Marijuana
New Jersey Patient Sues Former Employer for Firing Him for Off-Duty Medical Marijuana Use. A medical marijuana patient, Jamal Campbell, is suing his former employer, Watco Companies and Watco Transloading LLC, in federal court for firing him for using doctor-recommended medical marijuana to treat an injury he got at work. Campbell says the state's medical marijuana law should protect him. The state's top court ruled last year that employers cannot fire medical marijuana patients for marijuana use as long as they don't use it at work.
Pennsylvania Court Okays Unemployment Claim After Medical Marijuana Firing. A state appeals court ruled Tuesday that a warehouse worker fired from his job testing positive for marijuana is entitled to unemployment benefits because his employer was aware he was a medical marijuana patient. With its ruling, the court upheld an earlier decision by the state Unemployment Compensation Board of Review.
Psychedelics
Connecticut Governor Signs Therapeutic Psilocybin Study Bill. Gov. Ned Lamont (D) on Monday signed into law Senate Bill1083, which includes a provision mandating that the state carry out a study into the therapeutic potential of psilocybin mushrooms. "Such study shall include, but need not be limited to, an examination of whether the use of psilocybin by a person under the direction of a health care provider may be beneficial to the person's physical or mental wellbeing," the text of the measure states.
Drug Policy
On 50th Anniversary of "War on Drugs," New Poll Shows Majority of Voters Support Ending Criminal Penalties for Drug Possession, Think Drug War is a Failure. Wednesday, ahead of the 50th anniversary of when President Richard Nixon declared the "war on drugs," the American Civil Liberties Union (ACLU) and the Drug Policy Alliance (DPA) released a Bully Pulpit Interactive (BPI) poll showing strong support for eliminating criminal penalties for drug possession and replacing it with a new approach centered in public health. The poll found 66% of voters support "eliminating criminal penalties for drug possession and reinvesting drug enforcement resources into treatment and addiction services," 63% say drug use should be addressed as a public health issue while only 33% say it should be addressed as a criminal justice issue, 65% support ending the "War on Drugs," 64% support repealing mandatory minimums for drug offenses, 61% support commuting sentences of drug war prisoners, and a whopping 83% say the "War on Drugs" has failed.
back to top
Marijuana legalization bills in Delaware and Rhode Island get delayed, Morocco's parliament has approved the legalization of hemp and medical marijuana, and more.
Even though coca planting in Colombia was down last year, cocaine production was up, UNODC says. (Creative Commons)
Federal Bill to Let Researchers Study Marijuana from Dispensaries Wins Committee Vote. Tucked inside an omnibus transit bill is a provision that would let researchers study marijuana from state-legal marijuana shops instead of relying on marijuana from the only currently federally authorized source. That bill and its marijuana research provision passed the House Transportation and Infrastructure Committee this week and now heads for a House floor vote.
Delaware Marijuana Legalization Vote Delayed. The House was set to vote on a marijuana legalization bill, House Bill 150, Thursday, but that didn't happen. Bill sponsor Rep. Edward Osienski (D) said lawmakers needed more time to consider proposed changes in the bills. "House Bill 150 is an extremely important piece of legislation with many complicated moving parts," he said. "In recent days, a number of amendments have been filed by myself and other legislators that would make significant changes to the bill as written. Accordingly, my colleagues and I need time to consider the implications of these various amendments before bringing the bill to the House floor for a vote."
Rhode Island House Speaker Says Marijuana Legalization Bill Could Be Taken Up in Summer or Fall. Marijuana legalization won't be taken up during the remaining days of the regular legislative session, House Speaker Joseph Shekarchi (D) said. "Marijuana legalization will not be decided until after the budget is adopted this month," Shekarchi said Wednesday. "It is possible we will return sometime in the summer or fall."
Harm Reduction
New York Senate Approves Bill Decriminalizing Needle Possession. The state Senate this week approved Senate Bill 2523, which would decriminalize the sale and possession of needles for injecting drugs. The bill now goes to the Assembly, where it is expected to pass.
International
Colombia Coca Planting Shrank Last Year but Cocaine Output Increased, UNODC Says. The UN Office of Drugs and Crime (UNODC) says in a new report that Colombia managed to reduce the area of coca planting by 7% in 2020, but that the potential production of cocaine derived from coca grew by 8%. That means the country produced more than 1,228 metric tons of cocaine last year. UNODC said the increase in production despite the decrease in cultivation was because farmers are sowing more productive varieties of coca, using more efficient agricultural techniques, and planting multiple crops in the same year.
Morocco Parliament Approves Hemp, Medical Marijuana Legalization -- But Not Recreational Marijuana. The upper house of Parliament has approved a bill to legalize the cultivation and sale of cannabis for industrial and medicinal purposes, but as Interior Minister Abdeluafi Laftit said, "the illegal use and consumption of marijuana is still prohibited in the country." The bill has already passed the lower house.
Portuguese Parliament to Debate Proposed Marijuana Legalization Bills. Portugal decriminalized drug possession two decades ago, but has never gotten around to legalizing marijuana. That could be about to change. Parliament will meet soon to debate two draft laws that would legalize marijuana.
back to top
Brazil's lower chamber of parliament approves a hemp and medical marijuana bill, a federal appeals court hears arguments in a marijuana rescheduling case, and more.
The global pandemic boosted meth production in Asia, a new UNODC report finds. (DEA)
Federal Appeals Court Hears Marijuana Rescheduling Arguments in Case Against DEA. A three-judge panel of the 9th US Circuit Court of Appeals heard oral arguments Thursday in a case pitting a group of scientists and military veterans against the DEA. The plaintiffs seek to force the DEA to formally reconsider marijuana's classification as a Schedule I drug.
Idaho Activists Eye Two 2022 Marijuana Initiatives. Gem State activists are aiming to get two marijuana-related initiatives on the 2022 ballot. One, called the Idaho Medical Marijuana Act, would set up a system of dispensaries for patients, who would not generally be allowed to grow their own. The other, the Personal Adult Marijuana Decriminalization Act, would allow for people to possess up to three ounces of marijuana on private property or while driving in one's vehicle back from a legal weed shop in another state. Both initiatives face major challenges in what is arguably the most anti-marijuana state in the county.
International
Asian Meth Industry Boomed During Pandemic, UNODC Reports. Asian drug trafficking organization flooded markets with meth and other synthetic drugs even as the global economy ground to a halt last year because of the pandemic, the UN Office on Drugs and Crime (UNODC) said in a report Thursday. "While the pandemic has caused the global economy to slow down, criminal syndicates that dominate the region have quickly adapted and capitalized. They have continued to aggressively push supply in a conscious effort to build the market and demand," Jeremy Douglas, the UNODC regional representative for Southeast Asia and the Pacific, said in a statement provided to CNN.
Brazil Lower House Approves Bill Legalizing Hemp, Medical Marijuana Cultivation. The Chamber of Deputies' Special Commission on Tuesday approved a bill that would allow for the cultivation of marijuana for medicinal, veterinary, scientific, and industrial use despite the best efforts of allies of anti-reform President Jair Bolsonaro. Marijuana could be grown only by companies, patient associations, or NGOs -- not individuals. The bill now goes to the Senate.
back to top
Connecticut lawmakers will meet in special session this week in a bid to get marijuana legalization done, Wyoming activists began initiative campaigns for marijuana decriminalization and medical marijuana, and more.
ICC Prosecutor Fatou Bensouda has requested authorization to open a formal investigation of Phiiippines drug war abuses. (ICC)
Connecticut Lawmakers to Take Up Marijuana Legalization in Special Session This Week. After failing to reach agreement on marijuana legalization legislation during the regular legislative session, lawmakers are set to return to Hartford this week to take up the issue. Democrats say they have the votes to pass it, despite Republican concerns.
Wyoming Marijuana Advocates Roll Out Medical Marijuana, Decriminalization Initiative Campaigns. Marijuana advocates and Libertarian Party members held a press conference outside the state capitol in Cheyenne as they turned in two ballot initiatives, one that would legalize medical marijuana and one that would decriminalize the possession of small amounts of marijuana.
Sentencing
Supreme Court Rejects Reduced Charges for Low-Level Crack Cocaine Offenders. The Supreme Court on Monday ruled that the First Step Act does not apply to low-level crack cocaine offenders, even though supporters of the law said it was intended to do so. The court held that the language of the law meant it applied only to people convicted of possessing larger amounts of cocaine, not those arrested with only a small amount. The decision was unanimous.
International
International Criminal Court Likely to Proceed with Official Investigation of Philippine Drug War Killings. The Office of the Prosecutor of the International Criminal Court (ICC) has concluded its preliminary examination into drug war-related abuses in the Philippines and decided there is sufficient evidence to request judicial authorization to proceed with an official investigation. "The situation in the Philippines has been under preliminary examination since 8 February 2018," said Prosecutor Fatou Bensouda. "During that time, my Office has been busy analyzing a large amount of publicly available information and information provided to us under article 15 of the Statute. On the basis of that work, I have determined that there is a reasonable basis to believe that the crime against humanity of murder has been committed on the territory of the Philippines between 1 July 2016 and 16 March 2019 in the context of the Government of Philippines 'war on drugs' campaign."
back to top
