Tuesday's election brought decidedly mixed results for marijuana legalization advocates with three out of five state-level campaigns going down in defeat, according to unofficial results early Wednesday morning.
Provided the results hold, Maryland and Missouri will become the 20th and 21st states to legalize marijuana, along with the District of Columbia. But Arkansas, North Dakota, and South Dakota will not be joining those ranks after voters in those three states gave legalization a thumbs down.
In Maryland, Question 4 was winning with 65.5 percent of the vote. The measure would amend the state constitution by adding an article that allows people 21 and over to use and possess marijuana and providing that the General Assembly "shall provide for the use, distribution, possession, regulation and taxation of cannabis within the state."
This is an amendment that came not from the people but from the legislature, which passed it as House Bill 1 in April. The legislature that same month also passed implementing legislation to go into effect if the measure passes. The legislation, House Bill 837, which would set legal possession limits at 1.5 ounces and allow for the home cultivation of two plants. The bill would also automatically expunge convictions for conduct that would be legal if the measure passes.
The amendment contains no language about regulation or taxation. That will be left up to the legislature.
"The result of Maryland's cannabis legalization measure is monumental," said Toi Hutchinson, President and CEO of the Marijuana Policy Project, which played a key role in building support for the measure. "With each state that successfully legalizes cannabis, we are one step closer to dismantling the federal prohibition of cannabis."
In Missouri, despite multi-sided opposition not only from the usual suspects in law enforcement and the political establishment but also from civil rights groups and marijuana industry insiders, with 89 percent of the vote counted, Amendment 3 was winning with 53.1 percent of the vote. The measure will allow people 21 and over to possess up to three ounces of marijuana and grow up to six flowering plants, as well as six immature plants and six clones.
It also provides for the automatic expungement of nonviolent marijuana-related offenses and "seeks to broaden industry participation by small business owners and among disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans, and those previously convicted of nonviolent marijuana offenses," according to Legalize Missouri 2022, the group behind the effort.
The initiative will tax retail sales at 6 percent, with localities allowed to add a 3 percent sales tax. It also gives cities and counties the option of disallowing retail sales via a popular vote. It will also allow existing medical marijuana operations to seek recreational sales licenses beginning December 8, with regulators allowed up to 60 days to approve them, giving them an effective head-start on newcomer competitors.
The news from Arkansas and the Dakotas was grimmer. The Arkansas Adult Use Cannabis Amendment garnered only 43.8 percent of the vote, while North Dakota's Initiated Statutory Measure No. 1 managed only 45.1 percent, and South Dakota's Initiated Measure 27 came up short with only 46.6 percent of the vote.
The South Dakota defeat was especially bitter, given that just two years ago, voters there approved a broader marijuana legalization initiative with 54 percent of the vote only to see it invalidated by the state Supreme Court.
That is it for a somewhat disappointing 2022 election, but there is already one state lined up and ready to vote on marijuana legalization next year. Organizers in Oklahoma gathered enough valid voter signatures to qualify for the ballot this year, but delays in signature counting by state contractors left it unable to be certified by the official deadline for Tuesday's ballot. It will get a vote either in a special election or the next general statewide election.
back to top
A South Texas cop goes down for escorting drug shipments, a Colorado prison guard gets nailed carrying pens full of dope, and more. Let's get to it:
In Canon City, Colorado, a former state prison guard was sentenced last Tuesday to two years' probation for trying to smuggle meth and opioids into the Fremont prison. Kyle Gotham Tatro, 33, pleaded guilty to one count of felony contraband after authorities stopped him on his way to work and seized four plastic pens. One contained 6 grams of meth, two contained 20 grams of opiates, and one contained nine blue oxycodone pills. Tatro admitted being paid $250 to deliver the drugs.
In Bessemer, Alabama, a guard at the William Donaldson Correctional Facility was arrested last Wednesday for his role in a conspiracy to smuggle drugs, cell phones, and other contraband into the jail. Wilson Brian Clemons, 32, faces one count of conspiracy and one count of using a facility in interstate commerce in furtherance of an illegal activity. He is accused of taking bribes to facilitate the smuggling and using a fake name to create an account on Cash App so he could accept bribes anonymously. Clemons went down in November 2021 after he tried to bring cell phones, marijuana, Xanax, cigars, and scales into the facility. Clemons also agreed to forfeit the money he made from the conspiracy. He's looking at up to five years in state prison.
In Brownsville, Texas, a former Brownsville police officer was sentenced Tuesday to eight years in federal prison for providing protection for what he thought was a load of methamphetamine being transported through the city. Jose Salinas had earlier pleaded guilty to trafficking at least one kilogram of meth over a March 2020 incident where he took $2,500 in cash for escorting drugs from a car lot he owed to a stash house he provided. He had parked a city police car in front of the stash house to protect the shipment.
back to top
The use of asset forfeiture funds to buy armored vehicles for the cops creates controversy in Norman, Oklahoma, a plan to create a "narco museum" in El Chapo's Mexican home town creates controversy too, and more.
Marijuana Policy
Immigration, Civil Rights Groups Call on Biden to Include Immigrants in Marijuana Pardons. More than 130 immigration and civil rights groups have sent a letter to President Joe Biden (D) asking him to include immigrants in his marijuana possession pardon proclamation. People who are not citizens or legal permanent residents were not included in the pardon proclamation announced last month.
The groups said they welcomed the pardon move as a "much-needed first step toward mitigating the harm" of the war on drugs. "However, as organizations working on racial justice, human rights, and immigrant rights issues, we are grimly disappointed at the explicit exclusion of many immigrants and at the absence of affirmative measures to ensure that all immigrants get meaningful relief from the immigration consequences that can follow marijuana convictions," the groups wrote. "Cutting people out of criminal policy reforms simply because of their place of birth casts a shadow over the White House's efforts to address the over-policing and mass incarceration of Black and Brown communities."
"Moving forward, we urge you to ensure that every step taken to remedy racial injustice includes relief to impacted immigrant communities," they continued, adding that the first thing Biden should do is "extend protection to all immigrants, regardless of immigration status, and to take necessary steps to ensure that immigrants do not suffer negative immigration consequences from marijuana convictions."
Psychedelics
Colorado Voters to Consider Legalization of Psychedelic Mushrooms. It is not just marijuana on the ballot this Election Day. Voters in five states will decide on whether to free the weed, but Colorado voters will be voting on an initiative, Proposition 122, the "Natural Medicine Health Act of 2022," that would decriminalize the use and possession of psychedelic mushrooms and other naturally occurring hallucinogen and would require the state to create a regulated system for accessing natural psychedelics for people 21 and over.
A poll last week had the measure under 50 percent but in a statistical dead heat, with 43 percent of respondents supporting it and 44 percent opposed. That means the measure must pick up the support of slightly more than half of the 13 percent undecided to get over the top.
Asset Forfeiture
Norman, Oklahoma, Controversy Over Use of Asset Forfeiture Funds to Purchase Armored Police Vehicle. A plan to use moneys from the "State Seizures and Restitution Fund" to purchase new equipment for the police department, including $353,000 for a large BearCat SWAT vehicle designed for military and law enforcement use was on hold after city council members expressed concern over the use of asset forfeiture funds for the purchase and a lack of public discussion. Another $700,000+ was to be used to buy tactical vests, helmets, gas masks, ballistic shields and other protective equipment for bomb threats.
Councilors for Ward 1 and 2, Brandi Studley and Helen Grant, respectively, took issue with the absence of committee and public discussion. "I am concerned with the lack of transparency and discussion with council and the public regarding any of the equipment," Studley said. Grant said more information about the department's needs and the city council's priorities was needed. "The public made it pretty clear in feedback about our failed water rate increase that they wanted us to focus on affordable housing and homelessness first, as 24% of respondents ranked it as a priority," Grant said. "Police and Fire along with a nebulous category called "other" came in second at 15% respectively."
Other council members accused the pair of having "a complete disregard for the safety" of community members, but then agreed to pull the proposal for further study.
International
Mexican Town's Plan for Narco Museum Stirs Controversy. Badiraguato, Sinaloa, in the hills outside of the state capitol, Culiacan, is the birthplace of imprisoned drug lord Joaquin "El Chapo" Guzman, and now, the current mayor has stirred up controversy by proposing that the town build a "narco museum" dedicated to the history of drug trafficking in the state.
Mayor Jose Paz Lopez said that Badiraguato needs to preserve its history, and that the museum be an economic boon for the town, attracting tourism and sharing an anti-drug message. He said it would include weapons, vehicles and other belongings from drug lords, and perhaps life-size wax figures of them. But Gov. Ruben Rocha Moya was not down with the idea, saying he emphatically opposes it.
In addition to El Chapo, Badiriguato is also the birthplace of famed cartel leaders Rafael Caro Quintero and current Sinaloa Cartel leader Israel "El Mayo" Zambada.
back to top
Five Texas cities pass marijuana decriminalization local measures, the National Park Service is asking tourists to not lick Sonoran desert toads in search of an hallucinogenic high, and more.
The Sonoran desert toad. The National Park Services asks people not to lick them to get high. (Pixabay)
Five Texas Cities Vote to Decriminalize Marijuana Possession. Voters in five Texas cities chose overwhelmingly to approve local ballot measures to effectively decriminalize small-time marijuana possession. The group Ground Game Texas pioneered the tactic in Austin earlier this year and expanded it to the five cities for the general election. The measure, which bars using city funds and staff to test for the presence of THC, passed with 82 percent of the vote in San Marcos, 75 percent in Elgin, 70 percent in Denton, 69 percent in Killeen, and 60 percent in Harker Heights.
Psychedelics
Colorado Magic Mushroom, Natural Psychedelic Initiative Leading, But Still Too Close to Call. An initiative todecriminalize the use and possession of psychedelic mushrooms and other naturally occurring hallucinogen and require the state to create a regulated system for accessing natural psychedelics for people 21 and over is narrowly ahead but has yet to officially called. Proposition 122, the Natural Medicine Health Act, has 51.07 percent of votes, with 48.93 percent opposed. Results are in from every county in the state, but not all votes have yet been counted in all counties.
National Park Service Tells Visitors to Please Stop Licking Hallucinogenic Toads. The National Park Service is warning visitors to stop licking the Sonoran desert toad in search of a high. The toad has glands that secrete a toxin that can create a hallucinogenic experience, but the Park Service is warning that touching or licking it can make people sick. The toad is known for producing hallucinations and euphoria, but the Park Service warns that it can also cause anxiety, nausea, seizures, and, rarely, death. "As we say with most things you come across in a national park, whether it be a banana slug, unfamiliar mushroom, or a large toad with glowing eyes in the dead of night, please refrain from licking," the service said in a Facebook post.
International
Cocaine Bar in Bolivia's Capital City Stays Open by Staying on the Move. The world's first cocaine bar, Route 36, is managing to stay open in the Bolivian city of La Paz by repeatedly changing its location and requiring potential customers to do some research to hunt it down. But don't count on Google; the reporting is that you are more likely to find its current location by asking a local cab driver. The cab driver is likely the only local you will encounter once you get to the bar, which operates primarily as a tourist destination with a $5 cover charge and sells grams of quite pure cocaine for $15.
back to top
The Treasury Department is using an executive order to go after dark web drug suppliers, the FDA is warning health care workers to watch out for an animal tranquilizer that appears to be getting into the illicit drug supply, and more.
Marijuana Policy
Wisconsin Towns and County Vote for Marijuana Legalization Referendum. The cities of Kenosha and Racine joined Milwaukee County Tuesday in voting in favor of non-binding referenda showing community support for marijuana legalization. The measure was approved by 76 percent of voter in Racine, 74 percent in Milwaukee County, and 72 percent in Kenosha. The state lacks an effective initiative process, and the Republican-controlled legislature has blocked consideration of even medical marijuana, let alone adult use marijuana.
Adulterants
FDA Warns Health Care Workers to Watch Out for Potentially Lethal Animal Sedative in Illicit Drug Supply. The Food & Drug Administration (FDA) on Tuesday issued a warning to health care workers to watch out for patients who may have been exposed to a potentially deadly animal sedative through illicit drug use. The sedative in question is xylazine, which is showing up in fentanyl, heroin, and other illicit drug supplies after being diverted from the legal animal drug supply or produced illegally, the FDA said. The drug, known as "tranq" on the street is approved as an animal tranquilizer and pain reliever, but not approved for use in humans.
"FDA is aware of increasing reports of serious side effects from individuals exposed to fentanyl, heroin, and other illicit drugs contaminated with xylazine," the agency announced in a news release. Those serious side effects can resemble those linked to opioid use, making it difficult to determine whether one is facing an opioid overdose or xylazine exposure.
Moreover, naloxone, which can reverse the effects of some opioid drug overdoses, may not have the same effect on xylazine, the agency said. FDA still advised health care workers to continue administering naloxone if they suspect an opioid overdose.
Dark Web
Treasury Sanctions Internet-based Suppliers of Illicit Fentanyl and Other Synthetic Drugs. Acting in conjunction with the governments of the Netherlands and the United Kingdom, the Treasury Department's Office of Foreign Assets Control (OFAC) designated two Dutch nationals, Alex Adrianus Martinus Peijnenburg, Martinus Pterus Henri De Koning, and one British national, Matthew Simon Grimm, and nine entities pursuant to Executive Order (E.O.) 14059 for supplying illicit fentanyl, synthetic stimulants, cannabinoids, and opioids to US markets through internet sales and a host of shell companies.
The action represents the first use of E.O. 14059 to target those involved in the sale of illicit drugs purchased online and via darknet marketplaces. "The Treasury Department will continue to deploy its counternarcotics authorities to disrupt those involved in the fentanyl global supply chain," said Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson. "Treasury is identifying over 50 virtual wallet addresses associated with this network's drug trafficking activities as we take further action to counter the abuse of virtual currency. I would like to thank our Dutch and UK partners and US law enforcement counterparts for their partnership and for enabling today's action."
back to top