1. Maryland Governor Signs Legal Marijuana Commerce Bill Into Law [FEATURE]

Last November, Maryland voters made it abundantly clear that they wanted marijuana legalization by approving a referendum to that effect. On Wednesday, with the signing of enabling legislation by Gov. Wes Moore (D), the legislature and the executive branch have enacted the expressed will of the voters, laying the groundwork for a state system of taxed and regulated marijuana sales.

"The criminalization of marijuana harmed low-income communities and communities of color in a profound way," Moore said at a signing ceremony Wednesday. "We want to make sure that the legalization of marijuana lifts those communities now in a profound way." The new law will "ensure that the rollout of recreational cannabis in our state drives opportunity in an equitable way," he added.

Here are key provisions of the new law:

• A new, independent Maryland Cannabis Administration will be responsible for regulating the program.
• Sales will begin on July1, with existing medical marijuana dispensaries being licensed to sell to the adult recreational market. Licensing of additional marijuana businesses will come no later than July 1, 2024.
• Licenses will be capped at 300 retail shops, 100 processors, and 75 growers. Additionally, there will be 10 retail, 100 processor, and 100 grower licenses for "microbusinesses."
• Retail marijuana sales will be taxed at 9 percent, with 35 percent of those revenues going to a community reinvestment fund. Counties, the Cannabis Public Health Fund and the Cannabis Business Assistance Fund will each get five percent of revenues. Localities cannot impose additional taxes.
• Applicants claiming social equity status will have to have 65 percent ownership by people who lived at least half of the last decade in disproportionately impacted areas or who attended public school in one of those areas for at least five years. Social equity applicants will be eligible for a Capital Access Program to provide low interest loans and promote industry opportunities. Additionally, beginning in 2025, existing medical marijuana dispensaries that form "meaningful partnerships" with social equity applicants will be eligible for grants for which $5 million will be appropriated each year.
• Delta-8 hemp products will no longer be sold in the open market, but will have to be sold through licensed marijuana businesses.
• Medical marijuana patients will see the number of plants they can grow double from two to four, but only patients will be able to grow their own.
• New marijuana retailers will face geographic restrictions. They will have to be at least 1,000 feet apart from each other and cannot be within 500 feet of a school, childcare facility, playground, recreational center, library or public park.
• To avoid monopolization, a single business will not be able to operate more than four retail shops.
• Marijuana smoking will not be allowed indoors at consumption lounges, but only outdoors.
• Smoking will not be permitted indoors at on-site consumption facilities, but people could do so on outdoor patios at licensed facilities.

And Maryland now hops with both feet on the legal marijuana bandwagon.

2. Medical Marijuana Update

Senate Republicans play politics with a veterans' medical marijuana bill, and more.

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.

Oklahoma

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

3. Biden Commutes 31 Drug Sentences, MN Senate Approves Legal MJ, More... (5/1/23)

Three Colorado Senate Democrats joined with Republicans to kill a safe injection site bill, a Texas bill to impose harsher penalties on fentanyl dealers has passed both chambers, and more.

The president wields his pardon power. (whitehouse.gov)

Minnesota Senate Approves Marijuana Legalization Bill. The Senate last Friday narrowly approved its version of a marijuana legalization bill, Senate File 73. The vote was 34-33, with all Republicans voting against the bill. The House passed a slightly different version of the bill earlier last week. Now, the two chambers will attempt to negotiate their way to a merged bill they can send to DFL Gov. Tim Walz, who has strongly signaled he will sign it.

Harm Reduction

Colorado Safe Injection Site Bill Blocked. A bill that would have allowed municipalities to approve safe injection sites in their communities, House Bill 1202, has failed in the Senate after being approved in the House. The Democrat-sponsored bill easily passed the House 43-21, but was killed in the Senate Health and Human Services Committee last Wednesday on a 6-3 vote. Three of those "no" votes came from Democrats on the committee who raised concerns about "enabling" drug use and the lack of statewide rules and regulations in the bill.

"In spite of today's vote, overdose prevention centers remain the public health gold standard for addressing the crisis of overdose deaths faced by too many Colorado families," said the Colorado Drug Policy Coalition. "We are proud of the leadership from our many members in the House and our sponsors in the Senate who were able to put good policy backed by decades of research ahead of the politics of inaction."

Pardons and Commutations

Biden Commutes Drug Sentences for 31 People. The White House announced last Friday that President Biden has commuted the sentences of 31 people convicted of federal drug offenses. All 31 were serving time in home confinement and would have received shorter sentences if they were charged today with the same offense because the laws have been changed since they were sentenced.

The commutations come as the White House laid out a set of policy actions involving 20 different federal agencies aimed at improving the criminal justice system, which has disproportionate impacts on Blacks and other minority communities. Biden has commuted the sentences of 75 other people so far. He also pardoned thousands who were convicted of simple possession of marijuana under federal law, and others who have long since served out their sentences.

Sentencing Policy

Texas House Approves Bill to Increase Penalties for Dealing Fentanyl. The House last Friday overwhelmingly approved a bill to increase criminal penalties for people who distribute fentanyl, House Bill 6. The bill would do so by classifying fentanyl overdoses as "poisonings," which would trigger murder charges for people accused of providing a fatal dose of fentanyl. The bill also includes mandatory minimum 10- or 15-year sentences for distribution of more than 200 grams or 400 grams, respectively, with a maximum sentence of life in prison.

The House vote came after lawmakers ignored a small group of demonstrators in the gallery chanting "no more drug war." A companion bill has already passed the Senate, so lawmakers will now go to a conference committee to hammer out differences before it goes to the desk of Gov. Greg Abbott (R), who supports it. Meanwhile, a bill to decriminalize fentanyl test strips is stuck in committee in the Senate.

4. CA Natural Psychedelic Bill Heads for Senate Floor Vote, German Legal Weed Plan, More... (5/2/23)

An Ohio signature-gathering campaign to put marijuana legalization on the November ballot is about to get underway, Wisconsin Republicans kill the governor's marijuana legalization proposal and a whole bunch more, and more.

The DEA is rolling back a pandemic-era rule that eased access to buprenorphine, and doctors and advocates are worried.

Ohio Activists Ready for Marijuana Legalization Initiative Campaign. The legislature has until tomorrow to act on a petition to legalize marijuana. It is not expected to do so, clearing the way for the Coalition to Regulate Marijuana Like Alcohol to conduct a signature gathering campaign to put its marijuana legalization initiative on the November ballot. A successful initial round of signature gathering put the issue before the legislature, and the legislature's failure to approve it gives proponents one more chance to take the issue directly to the voters. The campaign will have until July 5 to come up with 124,000 valid voter signatures from at least half of the state's counties to qualify for the November ballot. The initiative would legalize and regulate marijuana commerce, allow for the home cultivation of six plants per adult or 12 per residence, and impose a 10 percent retail sales tax.

Wisconsin Republicans Kill Marijuana Legalization Amid Mass Slaughter of Democratic Governor's Budget Proposals. The legislature's Republican-controlled budget committee on Tuesday killed off more than 500 budget proposals from Gov. Tony Evers (D), including marijuana legalization, with a single vote Tuesday. The state has a $7 billion budget surplus, but the Republicans refused to allow it to be used for renovations to the Milwaukee Brewers' stadium, a paid family leave program, a 10 percent income tax cut targeting middle- and low-income earners, spending $270 million to add more mental health providers in schools, or to freeze enrollment in the state's private school voucher program, let alone marijuana legalization.

"These aren't fringe ideas, controversial concepts, or Republican or Democratic priorities -- they're about doing the right thing," Evers said as he listed more than a dozen items being killed. "With a historic surplus comes historic responsibility, and today, when we can afford to do more, this vote is foolish and a wasted opportunity."

Opiates and Opioids

DEA's Proposed Rollback of Pandemic-Era Loosening of Restrictions on Buprenorphine Has Doctors, Advocates Worried. With the pandemic public health emergency set to end in 10 days, doctors and advocates worry that a DEA proposal to roll back a pandemic policy allowing people taking the opioid substitute medication buprenorphine to get it prescribed remotely will harm people recovering from addiction. More than a million Americans use bupe to stop cravings for opiates and block withdrawal symptoms, and since 2020, the federal government has allowed them to have it prescribed via telehealth. The DEA wants to reimpose a requirement that an in-person visit first take place before allowing re-prescribing via telehealth. DEA has received more than 2,900 public comments on the proposed rule, and says it will consider them before it releases final rules after the public health emergency ends next week.

Psychedelics

California Natural Psychedelic Legalization Bill Heads for Senate Floor Vote. A bill that would legalize the possession of small amounts of natural psychedelics, Senate Bill 58, is now headed for a Senate floor vote after clearing the Senate Appropriations Committee without a hearing. The chairman of the committee invoked a rule allowing him to send it directly to the floor because it would have a negligible fiscal impact. The bill was earlier approved by the Senate Public Safety Committee. The bill would legalize the "possession, preparation, obtaining, transfer as specified, or transportation of" personal use amounts of psilocybin, psilocin, DMT, ibogaine, and mescaline, but not synthetics such as LSD or MDMA. A similar bill passed the Senate last session, only to be pulled by its sponsor, Sen. Scott Weiner (D-San Francisco) after being watered down in the Assembly.

International

German Officials Circulate Draft Bill for First Part of Marijuana Legalization Plan. German Health Minister Karl Lauterbach has distributed a draft bill to legalize marijuana possession, cultivation, and social clubs to cabinet officials. Once the cabinet weight in, the government will finalize the bill and send it to lawmakers. Under the proposal, adults could possess up to 25 grams via the social clubs and adults over 21 could purchase up to 50 grams a month. People 18 to 21 would be limited to 30 grams per month. People would also be allowed to grow up to three plants for personal use. The social clubs would not be allowed to offer on-site consumption but could distribute up to seven seeds or five clones per month to each member for home cultivation. Plans for a national legal commercial market for marijuana have been scaled back in the face of concerns from the European Union, but it is expected that a pilot program to allow marijuana sales in select jurisdictions will be a second phase of legalization.

5. Luxembourg Unveils Marijuana Legalization Plan, WA Governor Calls Special Session on Drug Charging, More... (5/3/23)

A Maryland bill implementing legal marijuana commerce is signed into law, an Oklahoma bill cracking down on illicit medical marijuana grows is signed into law, and more.

A change in DOT drug testing rules could eliminate marijuana false positives. (Creative Commons)

Maryland Governor Signs into Law Bill Implementing Marijuana Legalization. Gov. Wesley Moore (D) on Wednesday signed into law Senate Bill 516, which implements a voter-approved referendum to legalize marijuana. The bill allows currently operating medical marijuana dispensaries to apply for licenses to sell to the adult market beginning in July and mandates that licenses for up to 300 marijuana retailers by July 2024. The bill also sets a 9 percent sales tax on marijuana products, except for registered medical marijuana patients, who are exempt. The bill also allows patients to grow up to four plants at home and increases the amount of marijuana patients can possess.

Medical Marijuana

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

Drug Policy

Washington Governor Announces Special Session to Take Up Drug Possession Law. Gov. Jay Inslee (D) announced Tuesday that will call a special session to begin May 16. The session will focus on passing a new drug possession law. Inslee set the date after conversations with Democratic and Republican legislative leaders. In 2021, the Washington Supreme Court overturned the state's felony drug possession law in the Blake case. Legislators adopted a temporary misdemeanor policy that expires July 1. The so-called "Blake fix" was the only remaining must-do item legislators did not finish during the regular legislative session that ended April 23. In the absence of a statewide policy, several cities and counties have announced their intent to pass their own ordinances which would create a confusing patchwork of policies, treatment options and penalties.

Drug Testing

Department of Transportation Finalizes New Marijuana Testing Policies to Reduce False Positives. The US Department of Transportation (DOT) on Tuesday finished work on a rule that will allow oral saliva drug testing as an alternative to urine-based tests. Urine tests detect THC metabolites for weeks or months after consumption, leading to positive test results for people who are not actually impaired on the job. Oral testing, on the other hand, usually detects THC in saliva for no more than 24 hours after use.

"Allowing employers to use oral fluid testing may improve the effectiveness of drug testing," DOT said. "Oral fluid testing can detect the recent use of some drugs, including marijuana and cocaine, while urine drug testing has a longer window of detection." This will be good news for the trucking industry, which has suffered from driver shortages, including thousands of drivers who have been dismissed because of positive urine-based tests.

International

Luxembourg Releases Two-Phase Plan for Marijuana Legalization. A group of experts appointed by the government has released a report detailing plans for a legal marijuana regime. The report, "An Experimental System of Legal Access to Marijuana for Non-Medical Purposes," lays out the outlines of a legal marijuana market for those over 18. It would allow for possession of up to three grams, the home cultivation of up to four plants, and the development of a legal framework where adults could buy up to five grams a day, but no more than 30 grams in a month. Legalization will come in two phases, with the first requiring that the country's drug law be amended. Once that happens, home cultivation can commence. The second phase will be the development of a state system for the commercial cultivation and sale of marijuana. That will involve the launching of a pilot program to see how commercialization can work.

6. SAFE Banking Act Hearing Looms, FL Lawmakers Approve Fentanyl Test Strip Bill, More... (5/5/23)

A Vancouver man's experiment with "safe supply" drug sales is quickly ended by police, a Pennsylvania marijuana legalization bill is filed, and more.

The SAFE Banking Act could get a hearing as early as next week. (Creative Commons)

Key Senate Committee Chairman Says Marijuana Banking Bill Could Get Hearing Next Week. Sen. Sherrod Brown (D-OH), chair of the Senate Banking Committee, said Thursday that lawmakers are ready to "move quickly" on the Secure and Fair Enforcement (SAFE) Banking Act (S.1323)and that a hearing on it could be scheduled as early as next week. No hearing has yet been formally scheduled, but both Democratic and Republican senators are pushing for quick action on the bipartisan bill. The bill is aimed at providing state-legal marijuana businesses with access to financial services. Similar legislation failed in the Senate last year despite repeatedly passing the House.

Pennsylvania Lawmakers File Marijuana Legalization Bill with State-Run Stores. Rep. David Delloso (D) and 20 cosponsors have filed a bill that would allow legal marijuana sales through state-run stores, House Bill 1080. Delloso filed similar legislation last year. The bill would also provide permits for growers to cultivate marijuana once adult-use sales are approved. The bill sets a retail marijuana sales tax of 19 percent with all revenues going to the state's general fund. Gov. Josh Shapiro (D) has proposed marijuana legalization with a private commercial system as part of his budget request in March and has yet to take a position on this legislation.

Psychedelics

Washington County Effectively Decriminalizes Natural Psychedelics as State Grapples with New Drug Possession Laws. The Jefferson County Board of Commissioners voted earlier this week to pass a resolution effectively decriminalizing natural entheogens as the state faces a looming deadline to enact a new drug possession law after the state Supreme Court threw out the old one. Gov. Jay Inslee (D) has called a special session of the legislature to take up the matter after lawmakers failed to reach a consensus during the regular session. If lawmakers fail to act before July 1, the state will again have no drug possession law.

Harm Reduction

Florida Lawmakers Approve Fentanyl Test Strip Decriminalization Bill. With a final vote in the House Thursday, the legislature has approved a bill that decriminalizes fentanyl test strips by removing them from the state's list of drug paraphernalia, Senate Bill 164. More than 6,150 Floridians died of fentanyl overdoses in 2020. The bill now goes to the desk of Gov. Ron DeSantis (R).

International

Vancouver Man Opens Shop Selling "Safe Supply" Hard Drugs, Gets Arrested. Canadian activist Jerry Martin wanted to encourage a "safe supply" of drugs for the safety of drug users, so on Wednesday he opened a mobile storefront offering up to 2.5 grams of lab-tested drugs such as cocaine, methamphetamine, and heroin for sale. "Providing a safe, clean supply is going to hopefully stop a lot of the overdoses and a lot of the injuries and stop girls from having to do certain things just to get their drugs," he said.

With permission from the federal government, British Columbia has decriminalized the possession of up to 2.5 grams of those substances, but it has not okayed legal sales, and on Thursday Vancouver police arrested Martin. Martin and his supporters have responded to the arrest by starting a Go Fund Me campaign to finance a constitutional challenge to the federal drug laws.