As Saturday night turned into Sunday morning, Delaware became the 22nd state to legalize marijuana. That is because Gov. John Carney (D), who is skeptical of legalization and who had vetoed a legalization bill last year, decided to no longer stand in the way after the legislature approved it again this year, allowing it to take effect without his signature.
The Delaware state capitol, where lawmakers and the governor came together to legalize marijuana. (Creative Commons)
The state's legalization effort came in a two-bill package, with
House Bill 1, sponsored by Rep. Ed Osienski (D), making possession of a limited amount of marijuana legal for adults 21 and older under Delaware state law. A separate measure,
House Bill 2, will legalize and regulate cultivation and sales. The latter bill, which was sent to the governor a few days behind the former, will go into effect on Thursday.
In allowing the bills to become law without his signature, Gov. Carney bowed to political reality: This year, the two bills passed with supermajorities that could potentially have overcome his veto. But he still wasn't happy about it.
"As I've consistently said, I believe the legalization of recreational marijuana is not a step forward," Carney said in a Friday afternoon statement announcing he would let the bills become law. "I support both medical marijuana and Delaware's decriminalization law because no one should go to jail for possessing a personal-use quantity of marijuana. And today, they do not. I want to be clear that my views on this issue have not changed. And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation. I came to this decision because I believe we've spent far too much time focused on this issue when Delawareans face more serious and pressing concerns every day. It's time to move on."
Bill sponsor Rep. Osienski thanked the governor for listening to the voice of the people.
"After five years of countless meetings, debates, negotiations and conversations, I'm grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use. We know that more than 60% of Delawareans support the legalization of marijuana for adult recreational use, and more than two-thirds of the General Assembly agreed," he said in a Friday afternoon statement. "After five years of countless meetings, debates, negotiations and conversations, I'm grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use," Osienski said.
"I understand the governor's personal opposition to legalization," he continued, so I especially appreciate him listening to the thousands of residents who support this effort and allowing it to become law. I am committed to working with the administration to ensure that the effort to establish the regulatory process goes as smoothly as possible."
While legalization is in effect now, having a working system of legal marijuana commerce in place is more than a year down the road even though House Bill 2 becomes law Wednesday. The state will issue up to 30 retail marijuana licenses, 30 manufacturing licenses, 60 commercial cultivation licenses, and five testing licenses,but none of them before August 2024. Between now and then, state officials will be adopting regulations for the nascent industry and evaluating applications.
The new law contains social equity provisions with social equity licenses going to people who have lived at least five of the last 10 years in "a disproportionately impacted area" or who have or have family members who have previous marijuana convictions (except for delivery to a minor or possession of very large quantities). In another bid to promote equity in the industry, it also includes provisions for "microbusiness" licenses.
There is no provision for home cultivation.
Still, the members of the Delaware Cannabis Policy Coalition, who have been working with lawmakers for years to get this done, pronounced themselves pleased.
"With this move, Delawareans can finally celebrate the long-awaited end of cannabis prohibition!," said Toi Hutchinson, president and CEO of the Marijuana Policy Project in an emailed statement. "We applaud Gov. Carney for not standing in the way of progress. With every new state that rises to the challenge and legalizes cannabis, we are one step closer to ending cannabis prohibition nationwide."
"After years of advocacy, collaboration, and grassroots organizing, we are thrilled to see cannabis legalization become a reality in our state. This victory is a result of the tireless work of thousands of volunteers, dozens of lawmakers, and with the support of a huge majority of our Delaware community. So many have championed this righteous cause and recognized the need for sensible cannabis policy reform," said Delaware NORML Executive Director Laura Sharer.
"This is a significant step towards creating a fair system that respects personal freedom, promotes public health and safety, generates economic growth, and addresses social justice issues. Delaware lawmakers have taken a progressive and equitable approach to cannabis policy," said Sharer.
"We are incredibly grateful for the hard work of all of the Delaware Cannabis Policy Coalition, all the state legislators who voted to make this happen, including every single one that we have endorsed, with special thanks to Rep. Ed Osienski who has been leading this crusade for a decade," said Jonathan Tate, co-chair of the Delaware Democratic Socialists of America. "Cannabis legalization is exactly the type of revolutionary reform that we fight for -- it empowers working-class people to make their own decisions about what they consume and it disempowers the state from punishing, brutalizing, incarcerating, and splitting up families over it."
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The SAFE Banking Act is back. Bipartisan legislation to increase public safety through statutorily authorizing state-legal marijuana businesses access to the financial sector was reintroduced in both the House and the Senate on Thursday.
Reps. Earl Blumenauer (D-OR) and Dave Joyce (R-OH) and Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT) are the lead sponsors of the
Secure and Fair Enforcement (SAFE) Banking Act of 2023, which also has more than three dozen cosponsors in the Senate.
The bill addresses the inconsistent and costly access that state-legal medical and recreational marijuana businesses contend with as a result of marijuana's continuing illegality under federal law. Because pot is still federally illegal, banks fear they could run afoul of regulators or even prosecutors under the complex anti-money laundering rules in place for controlled substances. SAFE Banking would bar federal banking regulators from:
- Prohibiting, penalizing or discouraging a bank from providing financial services to a legitimate state-sanctioned and regulated cannabis business, or an associated business (such as a lawyer or landlord providing services to a legal cannabis business);
- Terminating or limiting a bank's federal deposit insurance primarily because the bank is providing services to a state-sanctioned cannabis business or associated business;
- Recommending or incentivizing a bank to halt or downgrade providing any kind of banking services to these businesses; or
- Taking any action on a loan to an owner or operator of a cannabis-related business.
This legislation would also create a safe harbor from criminal prosecution and liability and asset forfeiture for banks and their officers and employees who provide financial services to state-sanctioned cannabis businesses, while maintaining banks' right to choose not to offer those services. The bill also provides protections for hemp and hemp-derived cannabidiol (CBD) related businesses.
For the first time, it explicitly extends the safe harbor to Community Development Financial Institutions (CDFI) and Minority Depository Institutions (MDI). CDFIs and MDIs support underserved communities who face challenges in accessing capital and provide affordable access to financial services.
"This legislation will save lives and livelihoods. It is past time that Congress addresses the irrational, unfair, and unsafe prohibition of basic banking services to state-legal cannabis businesses," said Rep. Blumenauer, founder and co-chair of the Congressional Cannabis Caucus. "The House has passed the SAFE Banking Act on a bipartisan basis seven times. I am delighted that the Senate is joining us in making it a priority."
Last year, much to the ire of the marijuana industry, although the House indeed repeatedly passed the measure, it was stalled in the Senate by Majority Leader Chuck Schumer (D-NY) and Sen. Cory Booker (D-NJ), who were holding out for a full-blown marijuana legalization bill or other broad reform measures. By the time they realized they did not have the votes for legalization and were ready to move the bill in the Senate, Minority Leader Mitch McConnell (R-KY) was in a position to kill it -- and did so.
"Forcing legal businesses to operate in all-cash is dangerous for our communities; it's an open invitation to robbery, money laundering, and organized crime -- and it's way past time to fix it," said Senator Merkley. "For the first time, we have a path for SAFE Banking to move through the Senate Banking Committee and get a vote on the floor of the Senate. Let's make 2023 the year that we get this bill signed into law so we can ensure that all legal cannabis businesses have access to the financial services they need to help keep their employees, their businesses, and their communities safe."
(Regarding the dangerousness of forcing pot businesses to deal in cash, see the report from StoptheDrugWar.org Executive Director David Borden, Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies.)
"As it stands, the federal government has denied state-legal cannabis companies the same access to financial services as every other legal business across the Buckeye State and our country," said Rep. Joyce, co-chair of the Congressional Cannabis Caucus. "Not only does this distort the market in a growing industry, but it also forces businesses to operate in all cash, making them and their employees sitting ducks for violent robberies. The bipartisan SAFE Banking Act will allow cannabis businesses to operate legally without fear of punishment by federal regulators, making our communities safer."
Splits in the drug reform community last year over whether to support the SAFE Banking Act or hold out for a "SAFE Plus" or legalization bill with social equity components appear to have abated somewhat. The Drug Policy Alliance (DPA), which had been in the latter camp previously, is not endorsing the bill, but is not opposing it either, citing strengthened data collection among other provisions in the new version.
"The improvements to the study and data collection provisions in the SAFE Banking Act are a welcome addition to the bill," said Maria Perez Medina, DPA Director of the Office of Federal Affairs. "These minor modifications to the bill will ensure that timely and more comprehensive data collection takes place to measure whether banking services are being provided in a fair way. While there remains much more work to be done and we remain neutral on the legislation, the changes are an encouraging sign that the bill is headed in the right direction," she added.
"As this legislation moves forward, more should be done to lessen the barriers to entry small marijuana businesses face in obtaining commercial lending. Without this, it remains impossible for them to compete with large, multi-state operators," Perez Medina continued. "As such, we look forward to continuing working with stakeholders to improve this bill in a way that most benefits the communities that have been disproportionately impacted by prohibition."
And while the National Organization for the Reform of Marijuana Laws (NORML) naturally wants legalization, it has consistently supported SAFE as well, and continues to.
"If cannabis businesses are to have any hope of operating safely, transparently, and in a manner that is competitive with the existing underground market, Congress must pass SAFE Banking now," said NORML Political Director Morgan Fox. "It is irresponsible to shut this heavily regulated industry out of the US financial system. Every day that Congress fails to act further endangers small businesses and consumers, puts regulators and law enforcement at a disadvantage, and facilitates the activities of unlicensed operators and criminal organizations."
Now, let's see if this thing can pass Congress this year.
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Senate Republicans play politics with a veterans' medical marijuana bill, and more.
NationalSenate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42. Republicans cited several reasons for the "no" vote, including that passage of the bill could be seen as a win for Sen. Jon Tester (D-MT), chair of the Veterans Affairs Committee, who is up for re-election next year in red state Montana. Sen. John Cornyn (R-TX), ranking minority member on the committee, said negotiations on the bill will continue and described Wednesday's vote as "hitting the pause button."
Georgia
Georgia Medical Marijuana Dispensaries Finally Coming, Maybe Next Month. Nearly eight years after the state first approved a medical marijuana program, dispensaries are finally set to open their doors within weeks, as early as late May. But the state's 26,000 registered patients will be limited in their purchases to "low THC oil" with less than 5 milligrams of THC. Buds, edibles, and vaping cartridges are banned under the state's limited program. The state issued production licenses to two firms last September, but legislators and regulators have been slow to pass laws to implement the program. Under rules approved in January, the state will eventually license up to six companies to make and sell the oil.
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An Oklahoma cop ripped off both the department and his fellow officers, an Arizona prison guard takes the whole family along for a smuggling trip, and more.
In Warner Robbins, Georgia,
the entire drug unit of the Warner Robins Police Department was put on leave Monday as an investigation into allegations of misconduct unwinds. Houston County officials said they were notified of the allegations involving members of the Narcotics Investigation Unit, prompting the DA's office to begin the investigation. No details of the investigation have been released so far "due to this being a pending investigation," but any evidence of criminal misconduct will be referred to a county grand jury. The Georgia Bureau of Investigation is assisting with the investigation.
In Irvine, California, an Arizona prison guard was arrested last Friday after he got caught smuggling drugs with his wife and kids along for the ride. Fernando Urratiaguillen, 34, was arrested in Irvine after officers found 23 kilograms of methamphetamine and one kilogram of heroin inside the vehicle's gas tank on Tuesday. He also served as an Army National Guardsman. He is charged with with two felony counts of possession of a controlled substance with intent to sell, two counts of sale or transport of a controlled substance, two felony enhancements of a controlled substance in excess of 20 kilograms and two enhancements of possession of a substance exceeding one kilogram. At last report, he was still in jail with bail set at $3 million.
In Omaha, Nebraska, a former Omaha police officer was arrested Monday for allegedly helping two gangs move drugs, trading drugs for sex, and tipping off drug dealers to investigations. Johnny Palermo was arrested along with another Omaha police officer and a city council member. He is being held without bond because the federal judge said he cannot be trusted and is facing 15 felony counts, including multiple counts of wire fraud, conspiracy and abusing the public trust.
In Durant, Oklahoma, a former Durant police lieutenant was arrested Monday on charges he stole tens of thousands of dollars in seized drug money and in funds belonging to the Fraternal Order of Police (FOP). Billie Joe Jones, 47, allegedly made off with $67,000 in his role as a narcotics officer and pocketed another $37,000 in FOP funds over the four years he was at the department. He was the financial officer for the FOP. He went down, when, upon his retirement, the FOP became aware of "financial discrepancies" and alerted the police department, which then found seized drug money missing. He faces two counts of felony embezzlement. If convicted, he faces up to eight years in prison and a $10,000 fine on each count.
In Brooklyn, New York, a former New York City prison guard was sentenced Tuesday to a year and a day in federal prison for taking more than $34,000 in bribes in exchange for smuggling contraband including drugs and cell phones into the Rikers Island prison where she worked. Katrina Patterson went down after the Department of Corrections found cell phones and drugs in a prisoner's cell and recovered text messages incriminating her. She had earlier pleaded guilty to bribery.
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Dispensaries are finally coming to Georgia (though product choice is limited), a trio of 4/20 week polls show continuing strong support for marijuana legalization, and more.
Marijuana Policy
Three New Polls Show Continuing Strong Support for Marijuana Legalization. Polls from CBS News, YouGov, and Civic Science released during 4/20 week all show continuing strong support for marijuana legalization. CBS News had 64 percent of respondents wanting marijuana legalized in their states, including 73 percent of Democrats, 66 percent of independents, and even 53 percent of Republicans. YouGov had support for legalization in the respondents' state at 58 percent, while Civic Science had 64 percent supporting legalization.
South Carolina Bill Would Pardon One-Fifth of Marijuana Possession Inmates Each Year. Introduced on informal marijuana holiday 4/20, a bill from Rep. JA Moore (D-Berkeley, Charleston), House Bill 4358, would pardon one fifth of people convicted of simple marijuana possession each year on 4/20. Under state law, simple possession is possessing less than an ounce and typically involves a jail sentence of no more than 30 days, but a second offense can garner up to six months. "We need to make sure that people that are doing petty crimes, like simple possession of marijuana, aren't filling up our justice system; we need to save those spaces for violent criminals or people that are victimizing our community," Moore says. The state has the second-highest marijuana possession arrest rate in the country, and Black people are 3.5 times more likely to be arrested for it.
Medical Marijuana
Georgia Medical Marijuana Dispensaries Finally Coming, Maybe Next Month. Nearly eight years after the state first approved a medical marijuana program, dispensaries are finally set to open their doors within weeks, as early as late May. But the state's 26,000 registered patients will be limited in their purchases to "low THC oil" with less than 5 milligrams of THC. Buds, edibles, and vaping cartridges are banned under the state's limited program. The state issued production licenses to two firms last September, but legislators and regulators have been slow to pass laws to implement the program. Under rules approved in January, the state will eventually license up to six companies to make and sell the oil.
Sentencing
Washington Drug Sentencing Deal Fix Falls Apart. After the state Supreme Court threw out the state's felony drug possession law, legislators had until July to come up with a replacement. They thought they had one in Senate Bill 5536, which would have made simple drug possession a gross misdemeanor, but the bill unexpectedly failed in the House Saturday night as several Democrats joined 40 Republicans in voting no. The dissident Democrats felt that the bill was too harsh, while the Republicans thought it was too soft. Now, with no chance of passing the bill before the regular legislative session ends, pressure is mounting on Gov. Jay Inslee (D) to call a special session to clean up the mess. Without legislative action, the state would no longer have a uniform policy on drug possession, leaving localities to set their own laws.
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Another year of no marijuana legalization for Louisiana, the European Union sanctions Syrian officials and entities for trafficking in a Middle Eastern amphetamine, and more.
The Middle Eastern amphetamine Captagon. The EU sanctions Syrian officials for their role in the trade. (narcanon.us)
Louisiana Marijuana Legalization Bill Killed in Committee. A bill that would have legalized marijuana, House Bill24, is dead after failing to win support in the House Criminal Justice Committee Tuesday. The measure garnered only three "yes" votes in the committee. Bill sponsor Rep. Candace Newell (D-New Orleans) has introduced the bill for the last several sessions and has vowed to continue filing it until it passes.
Minnesota House Votes to Legalize Marijuana; Senate Vote Coming Friday. The House on Tuesday gave final approval to a marijuana legalization bill, House File 100, on a vote of 71-59. The Senate is set to vote on its version of the bill on Friday. There are some differences between the two bills which will have to be ironed out in conference committee if and when the Senate bill also passes.
Drug Testing
Missouri Measure to Outlaw "Drug Masking Products" Gets Senate Committee Hearing. A measure that has already cleared the House as part of a larger crime bill, House Bill 1108, would make it harder to cheat on drug tests by criminalizing the distribution and sale of synthetic urine or any other "drug masking product." The bill would make the offense a Class A misdemeanor with a maximum one year in jail and $2,000 fine. The bill get a hearing Monday in the Senate Judiciary and Civil and Criminal Jurisprudence Committee, where it heard testimony from a lobbyist for Quest Diagnostics, the largest drug testing company in the country. No vote was taken.
International
UN Asks Singapore to Halt Execution of Man for Two Pounds of Marijuana. The United Nations Human Rights Office called Tuesday for Singapore to "urgently reconsider" the looming Wednesday execution of a man convicted of abetting a conspiracy to distribute two pounds of marijuana. Tangaraju Suppiah, 46, was convicted in 2017 and sentenced to death in 2018. Under Singapore law, crimes involving more than one pound of marijuana merit the death penalty.
"The death penalty is still being used in a small number of countries, largely because of the myth that it deters crime," the UN Human Rights Office said. "We have concerns around due process and respect for fair trial guarantees. The UN Human Rights Office calls on the authorities not to proceed with his execution," it added.
British billionaire Richard Branson, who sits on the Global Commission on Drug Policy, has also called on Singapore to halt the execution, prompting the Singapore Home Affairs Ministry to push back, saying Branson showed "disrespect for Singapore's judges and our criminal justice system with such allegations." Singapore resumed executions in March 2022 after a hiatus of more than two years. If Tangaraju is hanged, it would be the country's first execution in six months. Eleven executions were carried out last year, all for drug offenses.
Council of Europe Sanctions Syrian Officials, Companies over Captagon Trafficking. The Council of Europe, the executive organ of the European Union, has issued sanctions against 25 individuals and eight entities for their role in the production and trafficking of illicit drugs, notably Captagon, an amphetamine popular in the Middle East and North Africa.
"The trade in amphetamine has become a regime-led business model, enriching the inner circle of the regime and providing it with revenue that contributes to its ability to maintain its policies of repression against the civilian population," the Council said. "For this reason the Council designated various members of the Assad family - including multiple cousins of Bashar al-Assad, leaders and members of regime-affiliated militias and businesspeople with close ties to the Assad family, as well as persons associated with the Syrian army and the Syrian military intelligence."
Sanctions on Syria were first introduced in 2011 in response to the violent repression of the civilian population by the Assad regime. EU sanctions in place regarding Syria target the Assad regime and its supporters, as well as sectors of the economy from which the regime was making profit.
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A bipartisan bill addressing xylazine gets filed, Texas Republican senators block a fentanyl test strip bill, and more.
Fentanyl test strips. Texas GOP senators are blocking a bill to decriminalize them. (Creative Commons)
Colorado Senate Advances Psychedelic Regulation Bill Without Local Ban Authority. The Senate on Tuesday approved Senate Bill 23-290, which amends the regulatory framework created by the voter-approved Natural Medicine Act. The bill creates regulations for unlicensed psychedelic facilitators, restrictions on home mushroom and natural medicine cultivation, and criminal penalties for the unlicensed sale of those substances. Under the bill, the Department of Revenue, which already oversees the state's liquor, marijuana, and gambling industries, would regulate licensed psychedelic manufacturing, distribution, and other business activities. The bill does not include language allowing local governments to ban psychedelic businesses. The bill now goes to the House, where it first heads to the House Finance Committee.
Drug Policy
Senators Cruz and Welch File Bill Targeting Xylazine. Senators Ted Cruz (R-TX) and Peter Welch (D-VT) on Wednesday filed the Testing, Rapid Analysis, and Narcotic Quality (TRANQ) Research Act to address the rapid rise of the veterinary tranquilizer as a drug used in conjunction with street narcotics. The Office of National Drug Control Strategy (ONDCP -- the drug czar's office) designated xylazine mixed with fentanyl as an "emerging threat" earlier this month.
While xylazine has some opioid-like properties, it is not an opioid and is not responsive to opioid overdose reversal drugs. It is also linked to physical ailments such as necrosis, which can result in the loss of limbs.
The TRANQ Research Act "directs the National Institute of Standards and Technology (NIST) to take steps to enhance understanding of tranq and other novel synthetic drugs, develop new tests for detection, and establish partnerships with front-line entities that are often the first points of contact with new street drugs." It does not contain any criminal provisions. Companion legislation has also been filed in the House.
Harm Reduction
Texas Fentanyl Test Strip Decriminalization Bill Stalled in Senate. Even as the state faces a fentanyl overdose crisis, Senate Republicans are blocking action on a bill to decriminalize fentanyl test strips, House Bill 362, that has already passed the House. Senate Criminal Justice Committee Chairman Sen. John Whitmire (D-Houston) said Republican members of the committee fear that the move will encourage drug use. "It's just illogical, but there's a belief by some members that it might safeguard the use," he said Tuesday. Gov. Greg Abbott (R) supports the legislation, and the legislative session still has a few more weeks left, so supporters continue to hope it can still pass this year.
International
Singapore Ignores International Appeals, Executes Man for Two Pounds of Marijuana. Singapore hung Tangaraju Suppiah, 46, on Wednesday after he was convicted of conspiring to traffic two pounds of marijuana. The execution came despite an international campaign to spare his life, including an appeal from the UN Human Rights Commission and another from Global Drug Policy Commission member Richard Branson. While many other countries, including some of Singapore's neighbors are moving towards a more lenient approach to drugs and rejecting the death penalty, Singapore remains unmoved. "Tangaraju was accorded full due process under the law and had access to legal counsel throughout the process," the Central Narcotics Bureau said, adding without a hint of irony that the death penalty is "part of Singapore's comprehensive harm prevention strategy."
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The Texas House gives preliminary approval to a marijuana decriminalization bill, Senate Republicans block a veterans' medical marijuana bill, and more.
The Insite safe injection site in Vancouver. Pennsylvania GOPers want to criminallize such facilities. (vch.ca)
California Bill to Crack Down on Illegal Marijuana Grows Advances. The Senate Public Safety Committee voted unanimously Wednesday to approve Senate Bill 820, which would authorize law enforcement to seize cultivation and manufacturing equipment from unpermitted marijuana operations. The bill from Sen. Marie Alvarado-Gil would not only allow for asset forfeiture; it would also invest the proceeds in the Cannabis Control Fund to support equity programs.
"It is critical to ensure that the limited resources used to enforce against unlicensed cannabis operations be impactful, and removing the equipment they use is a big step towards that goal," said Alvarado-Gil. "We must support those cannabis manufacturers who operate in a lawful manner and adhere to producing a safe consumable product." The bill comes as the state's legal marijuana industry struggles to compete with the illicit market.
Texas House Gives Initial Approval to Marijuana Decriminalization Bill. The House on Wednesday gave initial approval to a marijuana decriminalization bill, House Bill 218. The bill now heads for a second, final vote in that chamber. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor, removing the risk of jail time and instead imposing a maximum fine of $500. It also specifies that possession of up to two ounces of marijuana would not result in arrest and that people with simple marijuana convictions could seek to have their convictions expunged after paying a small fee.
Medical Marijuana
Senate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans'' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42.
Republicans cited several reasons for the "no" vote, including that passage of the bill could be seen as a win for Sen. Jon Tester (D-MT), chair of the Veterans Affairs Committee, who is up for reelection next year in red state Montana. Sen. John Cornyn (R-TX), ranking minority member on the committee, said negotiations on the bill will continue and described Wednesday's vote as "hitting the pause button."
Psychedelics
Minnesota House Passes Omnibus Health Bill That Includes Creation of Psychedelic Task Force. After an omnibus health passed the Senate earlier this session, it was amended in the House to include a provision creating a task force to prepare the state for the possible legalization of psychedelic substances. Now, the House has also approved that omnibus health bill with the psychedelic task force provision intact. Since it was amended in the House, the bill will now go to conference committee, where members will attempt to reconcile differences between the House and Senate versions of the bill.
Harm Reduction
Pennsylvania Bill to Criminalize Safe Injection Sites Advances. A bill that would make it a felony punishable by up to 20 years in prison for people operating safe injection sites, Senate Bill 165, is advancing in the Republican-controlled legislature. The bill would make it a crime for any clinic or other establishment to allow people to "inject, ingest, inhale or otherwise introduce into the person's body a controlled substance" and also includes a $500,000 fine for individuals and $2 million for establishments.
The bill advanced out of the Senate Judiciary Committee on Tuesday and is now before the Senate Appropriations Committee. The ACLU of Pennsylvania notes that the criminal penalties in the bill "EXCEED the statutory maximum penalties for a first-degree felony. In other words, the penalty for providing a space that can save people from deadly overdoses is more severe than the punishment for murder."
Sentencing Policy
Federal Smart Sentencing Adjustments Act Filed. Sen. Cory Booker (D-NJ) and Rep. Tony Cárdenas (D-CA) have introduced the Smart Sentencing Adjustments Act in the Senate and House. The bill would provide federal funding as an incentive to state governments to reduce incarceration while reducing crime. State prisons hold 87% of the nation's prison population. The Smart Sentencing Adjustments Act would provide funding for states to identify and address the sources of unnecessary incarceration in their systems, while investing in ways to lower crime and keep people safe.
The act would create a $2 billion grant program to reward states that shrink their prison populations by 20% over three years. It would offer participating states a wide variety of policies and programs for supporting people who have been in prison so they don't return, making communities safer, providing alternatives to incarceration, and more. For the length of the funding period, the bill would prohibit participating states from enacting excessively punitive sentencing legislation, such as mandatory minimums, truth-in-sentencing laws, and habitual offender laws.
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