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Drug War Chronicle #1191 - July 13, 2023

1. Biden Administration Rolls Out Plan to Confront Xylazine-Fentanyl Phenomenon [FEATURE]

The White House rolls out a National Response Plan for the emerging threat of fentanyl combined with xylazine.

2. Medical Marijuana Update

It looks like there will be no medical marijuana for North Carolina this year, Minnesota's program adds 19 new qualifying conditions to its already lengthy list, and more.

3. This Week's Corrupt Cops Stories

We have a pair of Customs and Border Patrol miscreants this week, and more.

4. Luxembourg Passes Limited Legal Weed Bill, FL Decriminalizes Fentanyl Test Strips, More... (6/29/23)

Amsterdam wants a city district to be part of a national regulated marijuana supply experiment, Florida's attorney general challenges a marijuana legalization initiative, and more.

5. WHO Calls Out Global Morphine Pain Relief Disparities, Vance Wants US Military Force Against Cartels, More... (7/3/23)

A British festival organizer is reaming the Home Office over its sudden requirement that pill testing efforts be licensed, another Republican politician wants to use the US military to fight Mexican drug cartels, and more.

6. Ohio Legalization Initiative Hands in Signatures, Mexico Violence Flares in Morelos, More... (7/5/23)

Maryland saw a big opening weekend for legal marijuana sales, Oklahoma medical marijuana operators are suing regulators over a new fee schedule, and more.

7. Delaware Fentanyl/Xylazine Test Strip Pilot, SAFE Banking Act Could Get Committee Vote, More... (7/6/23)

A bipartisan marijuana legalization bill is filed in Pennsylvania, New York puts legal weed sales at farmers markets on hold, and more.

8. Scotland Calls for Drug Decrim, Germany Unveils Draft Legalization Bill, More... (7/7/23)

Florida's governor signs a bill allowing medical marijuana patients to use telehealth, a trio of Pennyslvania medical marijuana bills is heading for a Senate floor vote, and more.

9. New Qualifying Conditions for MN MedMJ, PA Pot Poll Shows Declining Support, More... (7/10/23)

Virginia's GOP governor indicates he is not interested in legal marijuana sales, a New York city has to pay for firing a medical marijuana patient, and more.

10. MA Therapeutic Psychedelic Init, CA Pot Companies Used Fake Unions, More... (7/11/23)

Oregon's most populous county backs away from a widely criticized harm reduction program, California pot companies tied to fake labor unions could lose their licenses, and more.

Biden Administration Rolls Out Plan to Confront Xylazine-Fentanyl Phenomenon [FEATURE]

In its latest move to confront the rapidly rising incidence of overdose deaths and other deleterious consequences of the combination use of the veterinary tranquilizer xylazine ("tranq") and fentanyl, the Biden administration on Tuesday released a National Response Plan to coordinate a whole-of-government approach to the threat.

The plan calls for a public health campaign of increased testing and treatment and more data collection to see how the drug combo spreads and contributes to overdose numbers. But it also calls for looking into whether to schedule xylazine and includes the reflex resort to law enforcement to try to suppress supply.

This is just the latest in a series of steps the administration has taken since late last year to address the emerging phenomenon. Last December, Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Dr. Rahul Gupta hosted a listening session with public health and public safety leaders and subject matter experts from several states and territories about trends they are seeing related to xylazine and efforts to address these trends. In January, Dr. Gupta convened the Evolving and Emerging Threats Committee to discuss the emergence of fentanyl adulterated with xylazine in the illicit drug supply.

In February, the Food and Drug Administration took action to restrict the unlawful entry of xylazine active pharmaceutical ingredients and finished dosage form drug products into the country and in March, the Drug Enforcement Administration issued a public safety alert to warn the American public of a sharp increase in the trafficking of fentanyl mixed with xylazine. In April, Dr. Gupta named the xylazine-fentanyl combination an emerging public health threat, the first time such a designation has been used since Congress authorized it in 2018.

"Since we announced the emerging drug threat earlier this year, we've been working tirelessly to create the best plan of attack to address this dangerous and deadly substance head-on," said Dr. Gupta in a statement. "Now, with this National Response Plan, we are launching coordinated efforts across all of government to ensure we are using every lever we have to protect public health and public safety, and save lives. As a doctor, I have seen the devastating consequences of xylazine combined with fentanyl firsthand. And as President Biden's drug policy advisor, I am laser-focused on finding every tool we have and following the best evidence-based practices to take on this new challenge. This will be an all-hands-on-deck effort -- but I am confident we can take action together and eradicate this emerging threat."

Fentanyl first emerged as a significant actor in the illicit drug market in the early to mid-2010s, while xylazine entered the scene in the late 2010s. Now, xylazine has been detected in nearly every state in the country, and xylazine-involved overdose deaths are skyrocketing, albeit from very low initial levels. The Centers for Disease Control and Prevention (CDC) reported last month that the monthly percentage of fentanyl deaths with xylazine detected jumped from 2.9 percent in January 2019 to 10.9 percent in June 2022. CDC also found that the death rate from xylazine overdoses jumped 35-fold from 2018 to 2021.

Xylazine is a tranquilizer, not an opioid, and thus does not respond to opioid overdose reversal drugs such as naloxone. It also has other serious potential health effects, including wounds that may eventually require amputations, as well as breathing difficulties.

"If we thought fentanyl was dangerous, fentanyl combined with xylazine is even deadlier," Dr. Gupta said in a press call previewing the plan Monday.

But he warned that the plan will need Congress to step up with funding if it is to be be fully implemented. He noted that the Biden administration Fiscal Year 2024 budget request includes funding for emerging threats.

"We will do what we can with what we have until we get the resources from Congress," Dr. Gupta said. "It's a matter of utilizing what we have right now in order to save lives while we're encouraging Congress to pass the president's budget and provide those resources as quickly as possible. We're going to move ahead as quickly as possible because the fact is that lives are on the line."

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Medical Marijuana Update

It looks like there will be no medical marijuana for North Carolina this year, Minnesota's program adds 19 new qualifying conditions to its already lengthy list, and more.

Florida

Florida Governor Signs Bill Okaying Telehealth for Medical Marijuana. Gov. Ron DeSantis (R) has quietly signed into law a measure allowing the use of telehealth to renew medical marijuana recommendations, House Bill 387. To obtain a medical marijuana patient card, however, an in-patient examination by a physician is still required.

Minnesota

Minnesota Adds 19 New Qualifying Conditions, Waives Fees for Patients. Irritable bowel syndrome and obsessive-compulsive disorder are among the 19 different medical conditions just added to the state's very lengthy list of qualifying conditions for medical marijuana. That went into effect July 1.

Also in effect as of July 1 is the waiving of registration fees for patients. Until now, it cost $200 a year. And patients can now be certified by a health practitioner, expanding the number of medical personnel who can make recommendations.

"They will enter that into our patient registry and then you are sent a link to go ahead and register for the medical cannabis program," said Office of Medical Cannabis Director Chris Tholkes. "As of July 1st, there is no longer an annual fee of 200 dollars. It's now zero to participate in our program."

New York

New York Town Must Pay $200,000 After Firing Medical Marijuana Patient. The city of Amsterdam must pay almost $200,000 to a city worker fired after failing a drug screening for marijuana. A jury found that the city discriminated against Thomas Apholz, a wastewater treatment plant worker who was first suspended and then fired after the drug test.

The state legalized medical marijuana in 2014. State law grants registered medical marijuana patients disability status, which gives protection from employment discrimination for using medical marijuana.

After he was fired, he filed suit in state Supreme Court in Montgomery County, alleging unlawful employment discrimination and failure to accommodate his disability as required by the New York Humans Rights Law. And now he has won.

North Carolina

North Carolina Medical Marijuana Bill Probably Dead for This Year. Legislation that would legalize medical marijuana in the state is probably dead for the rest of this year's legislative session, House Speaker Tim Moore (R) said Tuesday. The Senate had passed a medical marijuana bill, Senate Bill 3, four months ago, but other than a single committee hearing, it has languished in the House.

Moore said he agreed with the assessment of House Majority Leader John Bell (R) that there was not enough support in the Republican caucus for the bill to advance further. The GOP caucus has a rule that a majority of its members must be willing to vote for a bill on the House floor for it to get heard, even if the measure could pass with support from Democrats.

Complying with the rule "would require a number of House members who've taken a position of 'no' to literally switch their position to want to vote for it, and I just don't see that happening," Moore said.

Pennsylvania

Pennsylvania Bill to Allow Medical Marijuana for Any Condition Advances. A bill that would loosen up the state's medical marijuana program, most notably by eliminating the requirement that a patient have a specified medical condition to qualify for its use, has passed the Senate Law & Justice Committee on a 10-1 vote.

Senate Bill 835 would also eliminate the expiration date on medical marijuana cards, allow medical marijuana to be sold in edible form, and give independent medical marijuana growers and processors additional retail dispensary permits.

The committee also passed Senate Bill 538, which also allows for medical marijuana edibles, as well as vaping, and Senate Bill 773, which also allows new licenses for growers and processors. All three bills now head for a Senate floor vote.

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This Week's Corrupt Cops Stories

We have a pair of Customs and Border Patrol miscreants this week, and more. Let's get to it:

In Indiantown, Florida, a prison guard at the local federal prison was arrested June 27 for peddling pills inside the walls. Guard Tamara Riche went down in a sting where she delivered what she thought was MDMA to a prisoner with whom she was having a romantic relationship. She is charged with the sale and distribution of narcotics.

In San Diego, a US Customs and Border Protection (CBP) officer was arrested Monday for taking bribes to allow vehicles carrying fentanyl, meth, and other drugs into the country. Officer Leonard Darnell George. He is one of seven people charged with conspiring to import cocaine, fentanyl, heroin, and meth into the country. George's charges include receiving bribes, conspiracy to import controlled substances, conspiracy to distribute controlled substances and possession of a firearm in a drug crime. If convicted, he could face up to life in prison.

In McAllen, Texas, a former US Customs and Border Patrol officer was convicted June 27 on drug smuggling charges. Juan Posas Jr., 51, got caught with 20 pounds of cocaine he picked up in Weslaco, Texas, and authorities had recordings of him helping to plan the smuggling attempt. He claimed he thought he was getting a box fruit and never looked in the box, but the jury did not buy that, convicting him of trafficking cocaine and conspiracy to do so. He's looking at a mandatory minimum 10-year sentence and up to life.

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Luxembourg Passes Limited Legal Weed Bill, FL Decriminalizes Fentanyl Test Strips, More... (6/29/23)

Amsterdam wants a city district to be part of a national regulated marijuana supply experiment, Florida's attorney general challenges a marijuana legalization initiative, and more.

Marijuana Policy

Florida Attorney General Files Challenge to Marijuana Legalization Initiative. Attorney General Ashley Moody (R) this week filed a challenge to the Smart & Safe Florida marijuana legalization initiative with the state Supreme Court, arguing that it should not appear on the November ballot.

In her brief filed with the court, Moody argued that the measure misleads voters because it fails to make plain that marijuana is and would remain illegal under federal law. Moody also told the court that although it had approved similar language in other marijuana legalization initiatives, it was wrong to do so: "In previously approving similarly worded ballot summaries, the court erred," she wrote.

The ballot summary does say that the initiative does not change federal law, but that statement is "inadequate to resolve the confusion," Moody wrote.

Supreme Court approval is the last step for the initiative before it can appear on the November ballot. If it does, it will need 60 percent of the vote to be approved.

Harm Reduction

Florida Governor Signs Fentanyl Test Strip Bill into Law. Gov. Ron DeSantis (R) has signed into law Senate Bill 164, which decriminalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Some 6,000 Floridians died of fentanyl overdoses in 2020, but a test strip decriminalization bill was defeated last year after some lawmakers said the move encouraged drug use.

International

Luxembourg Lawmakers Approve Marijuana Legalization Bill. Deputies approved limited marijuana legalization bill, Bill 8033, on Wednesday. The bill allows people to grow up to four plants at home and consume the fruits of their harvest at home. But use or possession of up to three grams outside the home can bring a fine of between 25 and 500 Euros, and offenses involving more than three grams can bring fines of up to 2500 Euros and jail terms ranging from eight days to six months.

The Pirate Party criticized the bill as "false legalization" because it does not address black market dealing.

Amsterdam Wants City District to Be Part of National Marijuana Cultivation Trial. Amsterdam has nominated the Amsterdam-Oost district to take part in a national experiment to regulate the supply of marijuana to coffeeshops, the city announced Wednesday. uring the experiment, which is expected to run for four to five years, coffeeshops will sell regulated, quality-controlled marijuana produced by selected growers.

Mayor Femke Halsema and city aldermen argued for the city to be included in the experiment because "the results of the experiment may eventually lead to changes in the tolerance policy, which may greatly affect the coffeeshops and cannabis market in Amsterdam." The city had initially been excluded from the trial because it had too many coffeeshops, but the cabinet recently decided to allow city districts to participate. With 100,000 inhabitants and 10 coffeeshops, Amsterdam-Oost now meets the qualifying conditions.

But the Ministers of Justice and Security and Health, Welfare, and Sport will have to decide whether the Amsterdam-Oost district can be included in the experiment. The other municipalities set to participate are Groningen, Almere, Arnhem, Nijmegen, Zaanstad, Hellevoetsluis, Breda, Tilburg, Maastricht and Heerlen.

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WHO Calls Out Global Morphine Pain Relief Disparities, Vance Wants US Military Force Against Cartels, More... (7/3/23)

A British festival organizer is reaming the Home Office over its sudden requirement that pill testing efforts be licensed, another Republican politician wants to use the US military to fight Mexican drug cartels, and more.

Medical Marijuana

Florida Governor Signs Bill Barring Medical Marijuana at Sober Living Facilities. Gov. Ron DeSantis (R) has signed into law Senate Bill 210, which bars sober living facilities from allowing residents to use or possess medical marijuana, even if that use is medically authorized. The law does not apply to any other doctor-approved drugs. Now, people seeking licenses to run recovery residences will need to certify that they don't allow the use of marijuana, "which includes marijuana that has been certified by a qualified physician for medical use."

He also signed Senate Bill 1676, which bars the sale of smokeless hemp products such as "snuff, chewing gum, and other smokeless products" to people under 21. Previously, hemp regulations only barred the sale of smokable hemp products to people under 21.

Foreign Policy

Senator JD Vance Endorses Use of Military Against Mexican Drug Cartels. Freshman Senator JD Vance (R-OH), an acolyte of former President Donald Trump, has suggested giving American presidents the power to use the US military to go after drug trafficking organizations in Latin America.

"I want to empower the president of the United States, whether that's a Democrat or Republican, to use the power of the US military to go after these drug cartels," Vance said on Meet the Press on Sunday. "We have to recognize the Mexican government is being, in a lot of ways, destabilized by the constant flow of fentanyl," Vance added.

Vance is only the latest Republican office holder to call for the US military to be deployed against the cartels. Florida Gov. Ron DeSantis, said last week that he supported using "deadly force" to fight them, and fellow Republican presidential contender Sen. Tim Scott (SC) said he would dispatch US special forces to fight the cartels.

Mexican President Andres Manuel Lopez Obrador is having none of it. "We are not going to permit any foreign government to intervene in our territory, much less that a government's armed forces intervene," he said at a news conference in March.

International

WHO Report Calls Out Global Disparities in Use of Morphine to Relieve Pain. The World Health Organization (WHO) has issued a report saying the use of morphine to treat pain, ease end-of-life experiences, and helping people get through medical emergencies is vital but suffers from great disparities. "Millions of people continue to suffer preventable pain," the report notes.

In the Western Hemisphere, for example, the US utilizes nearly 80 percent of the supply, leaving Latin America in the lurch. More broadly, wealthy countries consumed an estimated 125.9 does per million people a day in 2021, compared with just two doses per million people in low-income countries.

The report's authors recommend establishing affordable pricing policies worldwide, expanding access to people beyond those suffering from cancer and HIV/AIDS, and setting up distribution hubs.

"Leaving people in pain when effective medicines are available for pain management, especially in the context of end-of-life care, should be a cause of serious concern for policymakers," said Yukiko Nakatani, WHO assistant director general for medicines and health products.

British Festival Head Threatens Legal Action over Ban on Pill Checking. Sacha Lord, founder of the Parklife music festival, has formally threatened legal action against the government over its moves against checking pills and powders that attendees turn it at festivals and other events. The Home Office recently barred other festivals from doing pill checking, saying they needed licenses to do so, even though pill checking has gone on at festivals for the past 10 years.

Large festivals, such as Glastonbury and Reading, have used private companies to do the pill checking, while smaller festivals have relied on charities such as The Loop, which has agreements with local police and governments to be able to test at events.

In a letter to the Home Office, Lord said the Home Office was "well aware" of those arrangements and that former ministers had publicly stated that they would not interfere with them. He also chided the Home Office for announcing the licensing requirement just two days ahead of the Parklife festival, making it impossible to obtain in time and jeopardizing the health of festival-goers. The letter demands that the government allow testing without a license to proceed or to take steps to ensure festivals have enough time to comply with the license requirement.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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Ohio Legalization Initiative Hands in Signatures, Mexico Violence Flares in Morelos, More... (7/5/23)

Maryland saw a big opening weekend for legal marijuana sales, Oklahoma medical marijuana operators are suing regulators over a new fee schedule, and more.

Buckeye voters could finally vote on freeing the weed in November. (Creative Commons)
Marijuana Policy

Maryland Celebrates 4th of July Weekend with More Than $10 Million in Marijuana Sales. With legal weed going into effect on July 1, Marylanders embraced it enthusiastically over the holiday weekend, generating more than $10 million in sales over the 4th of July weekend. Adult use sales accounted for about 85 percent of that figure. Adult use sales are estimated to reach $275 million this year and $2.1 billion by 2027.

Ohio Marijuana Legalization Campaign Hands in Signatures. The Coalition to Regulate Marijuana Like Alcohol handed in more than 222,000 signatures Wednesday for its proposed marijuana legalization initiative. If the signatures are verified by state officials, legalization will appear on the November ballot.

This is the second round of signature gathering for the effort. A successful first round put the issue before the state legislature, which had four months to approve legalization but failed to do so. That provided the opening for the campaign to move to phase two: putting the issue directly before the voters -- provided they came up with enough signatures to qualify. It looks like they did: The campaign only needed 124,000 valid voter signatures and now has a cushion of 98,000 signatures. State officials will make that determination by July 20.

The initiative would legalization the possession of up to 2.5 ounces by people 21 and over, as well as allowing for the home cultivation of up to six plants, with a maximum of 12 per household. There would be a 10 percent tax on retail sales. Some licenses will be reserved for people who qualify under social equity provisions.

Medical Marijuana

Oklahoma Medical Marijuana Regulators Sued over New Fees. Several medical marijuana businesses have filed a lawsuit against the Oklahoma Medical Marijuana Authority (OMMA) over a new law that will increase fees for marijuana businesses. Legislators passed a package of bills designed to reign in the state's Wild West medical marijuana scene and eliminate "bad actors," including House Bill2179, which it broadens licensing requirements for medical marijuana dispensaries, commercial growers, and processors. In effect since last month, the bill mandated new fees ranging from $2,500 to $50,000, based on a tiered fee schedule.

Plaintiffs argue that while lawmakers aimed to weed out illegal grow operations, the new fees will only hurt legitimate businesses. "The state is hitting the good guys and it's only helping the bad guys," said plaintiff Jed Green.

The lawsuit charges that the fee increases are unconstitutional under state law because it passed with less than three-quarters majority support, which is required for any tax increases. It also notes that the bill passed during the last five days of the legislative session, even though the state constitution says revenue-related bills cannot be passed during that period.

International

Mexico's Morelos Sees Violence Flare After Anti-Cartel Vigilante Leader Killed. Morelos anti-cartel vigilante leader Hipolito Mora and two of his men were gunned down last Thursday, sparking a new round of violence in and around the city of Apatzingan, which has been embroiled in a long-running conflict between rival drug trafficking organizations, the Jalisco New Generation Cartel and the Viagras. Roads in and out of the city were blocked over the weekend as cartel gunmen pulled trucks and buses across roads. Shoot-outs also took place in and around the city, leaving at least one more person dead.

The Mexican government has tolerated Viagras control of Apatzingan as a means of keeping the Jalisco cartel out, but residents of the agricultural hub are left paying higher prices for goods than anywhere else in Mexico because Viagras extortion drives prices up. The Jalisco cartel is now battling the Viagras along the banks of river just 15 miles south of the city.

Mora was one of the last leaders of the citizens' anti-cartel armed movement that emerged in the area a decade ago. His death is likely the death knell of any hope of reviving armed civilian resistance to the cartels in the area.

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Delaware Fentanyl/Xylazine Test Strip Pilot, SAFE Banking Act Could Get Committee Vote, More... (7/6/23)

A bipartisan marijuana legalization bill is filed in Pennsylvania, New York puts legal weed sales at farmers markets on hold, and more.

Marijuana Policy

Senate SAFE Banking Act Committee Vote Could Come This Month. Key senators have said they want to hold a vote on the long-awaited Safe and Fair Enforcement (SAFE) Banking Act (S. 1323) this month as the Senate reconvenes after the 4th of July holiday. Senate Banking Committee Chairman Sherrod Brown (D-OH) said he would "like" to hold a vote this month but that "it depends" on whether unrelated bills the committee has already passed make it to a Senate floor vote.

Similarly, bill sponsor Sen. Jeff Merkley (D-OR) said legislators were "going to do a deep plunge now and try to set the stage, hopefully, for a markup when we return from break."

The bill, which repeatedly passed the House in previous years only to die in the Senate, would provide state-legal marijuana businesses with access to the financial system. Currently, the industry must deal almost exclusively with cash, leaving workers and owners vulnerable to theft and robbery.

New York Governor Delays Plan to Allow Legal Weed Sales at Farmers Markets. Gov. Kathy Hochul (D) is pausing a program to allow licensed marijuana growers and retailers to sell marijuana at farmers markets before it even got started. The Office of Cannabis Management (OCM) had announced the plan last month as part of an effort to help legal growers sitting on a mountain of weed -- more than 300,000 pounds -- because of the extreme slowness of opening up state-licensed retail outlets. Only 16 retailers and delivery services are open across the state.

But the Hochul administration made clear Wednesday that farmers market sales were not happening yet. "We are committed to the success of New York's equitable cannabis industry, and are always open to considering opportunities to strengthen the program. No final decisions have been made with respect to farmers markets," said Office of Cannabis Management spokesman Aaron Ghitelman.

The industry isn't happy: "The failure to roll out the farmer's market program is just the latest in OCM's long list of broken promises," said Rev. Kirsten John Foy, spokesman for the Coalition for Access to Regulated & Safe Cannabis. OCM has been ineffective at every turn; growers, CAURD licensees, disabled veterans, workers, consumers, medical cannabis patients and individuals harmed by cannabis prohibition are paying the price for its ineptitude -- all while the illicit market booms."

Pennsylvania State Senators File Bipartisan Marijuana Legalization Bill. Sens. Dan Laughlin (R-49) and Sharif Street (D-3) have introduced bipartisan legislation, Senate Bill 846, to legalize adult use of marijuana in Pennsylvania.

"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."

The legislation would grant licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. Moreover, it expunges non-violent marijuana convictions for medical marijuana patients, which has also been championed in a bipartisan fashion, and goes further to expunge all nonviolent marijuana convictions.

Harm Reduction

Delaware Begins Pilot Program to Test for Both Fentanyl and Xylazine. State health officials have launched a pilot program to test substances for the presence of both fentanyl and xylazine, the veterinary tranquilizer known as "tranq" that has now made its way into unregulated drug markets. The testing strips used detect the presence of either drug.

The test strip is the new HARMGuard FX test strip and cost about $3 each -- although the price could go down with bulk orders. The state initially ordered 500 of the test strips.

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Scotland Calls for Drug Decrim, Germany Unveils Draft Legalization Bill, More... (7/7/23)

Florida's governor signs a bill allowing medical marijuana patients to use telehealth, a trio of Pennyslvania medical marijuana bills is heading for a Senate floor vote, and more.

Medical Marijuana

Florida Governor Signs Bill Okaying Telehealth for Medical Marijuana. Gov. Ron DeSantis (R) has quietly signed into law a measure allowing the use of telehealth to renew medical marijuana recommendations, House Bill 387. To obtain a medical marijuana patient card, however, an in-patient examination by a physician is still required.

Pennsylvania Bill to Allow Medical Marijuana for Any Condition AdvancesA bill that would loosen up the state's medical marijuana program, most notably by eliminating the requirement that a patient have a specified medical condition to qualify for its use, has passed the Senate Law & Justice Committee on a 10-1 vote.

Senate Bill 835 would also eliminate the expiration date on medical marijuana cards, allow medical marijuana to be sold in edible form, and give independent medical marijuana growers and processors additional retail dispensary permits.

The committee also passed Senate Bill 538, which also allows for medical marijuana edibles, as well as vaping, and Senate Bill 773, which also allows new licenses for growers and processors. All three bills now head for a Senate floor vote.

International

Germany Unveils Draft Marijuana Legalization Bill. The Health Ministry has released a draft of its proposed marijuana legalization bill, providing it to state officials and the public for review. The bill would allow people over 18 to possess up to 25 grams of marijuana and grow up to three plants for personal use, but they would not be allowed to extract oils or more concentrates from their harvests. It would also set rules for the creation of social clubs where members could purchase marijuana.

Officials are also planning to introduce a complementary second measure that would establish pilot programs for commercial sales in cities throughout the country.While the first pillar of the draft law is expected to be taken up by the cabinet next month, the pilot program for commercial sales is set for later this year after consultations with European Union officials.

Scottish Government Calls for Drug Decriminalization, British Home Office Says No Way. Scotland's Drugs Policy Minister Elena Whitman has announced that the government is calling for drug possession to be decriminalized, saying people should be "treated and supported rather than criminalized and excluded." It is also calling for British law to be changed to allow for safe injection sites, as well as for more drug checking and more access to emergency treatment for drug overdoses.

"The war on drugs has failed," she said. "That's a fact. I don't think we can dispute that. Our current drug law does not stop people from using drugs, it does not stop people from experiencing the harm associated and, critically, it does not stop people from dying. "In fact, I would say today here, that criminalization increases the harms people experience. Criminalization kills."

The Tory Home Office in London, which controls drug policy across Britain, was having none of it: "Illegal drugs destroy lives and devastate communities," a Home Office spokesman said. "We are committed to preventing drug use by supporting people through treatment and recovery and tackling the supply of illegal drugs, as set out in our 10-year drugs strategy. We have no plans to decriminalize drugs given the associated harms, including the risks posed by organized criminals, who will use any opportunity to operate an exploitative and violent business model."

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New Qualifying Conditions for MN MedMJ, PA Pot Poll Shows Declining Support, More... (7/10/23)

Virginia's GOP governor indicates he is not interested in legal marijuana sales, a New York city has to pay for firing a medical marijuana patient, and more.

Marijuana Policy

Pennsylvania Poll Has Declining but Still Majority Support for Marijuana Legalization. A new poll from the Muhlenberg College Public Health Program has support for marijuana legalization at 50 percent, but that number also marks the a decline in support for legalization. Support peaked at 58 percent in 2021 and dropped to 56 percent in 2022. But the survey also has a relatively high margin of error, +/- 6 percentage points, meaning the drop could be a polling artifact instead of revealing a true decline.

The poll comes on the heels of the announcement last week that a bipartisan pair of state senators have introduced a marijuana legalization bill, Senate Bill 846.

Virginia's GOP Governor Says No to Legal Marijuana Sales. In 2021, Democratic lawmakers approved marijuana legalization but failed to reach an agreement on a legal marketplace, deferring resolution of the issue to the next legislative session. But that session flipped control of the legislature and the governorship to Republicans, who are much less interested in legalizing sales.

Now, the administration of Gov. Glenn Youngkin (R) has given its clearest indication yet that he is not interested in getting a retail market up and running. "Governor Youngkin has stated that he is not interested in any further moves towards legalization of adult recreational use marijuana," Joseph Guthrie, Youngkin's commissioner of the Department of Agriculture and Consumer Safety, said during a recent state meeting on marijuana.

Medical Marijuana

Minnesota Adds 19 New Qualifying Conditions, Waives Fees for Patients. Irritable bowel syndrome and obsessive-compulsive disorder are among the 19 different medical conditions just added to the state's very lengthy list of qualifying conditions for medical marijuana. That went into effect July 1.

Also in effect as of July 1 is the waiving of registration fees for patients. Until now, it cost $200 a year. And patients can now be certified by a health practitioner, expanding the number of medical personnel who can make recommendations.

"They will enter that into our patient registry and then you are sent a link to go ahead and register for the medical cannabis program," said Office of Medical Cannabis Director Chris Tholkes. "As of July 1st, there is no longer an annual fee of 200 dollars. It's now zero to participate in our program."

New York Town Must Pay $200,000 After Firing Medical Marijuana Patient. The city of Amsterdam must pay almost $200,000 to a city worker fired after failing a drug screening for marijuana. A jury found that the city discriminated against Thomas Apholz, a wastewater treatment plant worker who was first suspended and then fired after the drug test.

The state legalized medical marijuana in 2014. State law grants registered medical marijuana patients disability status, which gives protection from employment discrimination for using medical marijuana.

After he was fired, he filed suit in state Supreme Court in Montgomery County, alleging unlawful employment discrimination and failure to accommodate his disability as required by the New York Humans Rights Law. And now he has won.

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MA Therapeutic Psychedelic Init, CA Pot Companies Used Fake Unions, More... (7/11/23)

Oregon's most populous county backs away from a widely criticized harm reduction program, California pot companies tied to fake labor unions could lose their licenses, and more.

Marijuana Policy

California Pot Companies Tied to Fake Unions Could Lose Their Licenses. In a bid to evade state law that requires marijuana businesses to sign a "labor peace" agreement with a "bona fide" labor union, at least a dozen marijuana businesses signed agreements with a bogus "labor union." Now, they stand to lose their licenses. Those businesses have not yet been named.

Who has been named is a group calling itself Professional Technical Union Local 33 (ProTech), which the state Agricultural Labor Relations Board (ALRB) last Thursday designated as "not a bona fide labor organization." A bona fide labor organization demonstrates "a sincere and good faith intent to organize and represent employees as a collective bargaining representative, including the capacity or ability to do so," the ALRB wrote in its ruling. ProTech failed "to respond to basic inquiries," such as providing information on membership and organization, suggesting "impropriety," the ALRB added.

After the ALRB ruling last week, the Department of Cannabis Control on Monday issued a bulletin warning marijuana businesses that "any labor peace agreements entered into by licensees with (ProTech) are null and void" and any "(l)icensees who have entered into a labor peace agreement with (ProTech) will be notified that they are out of compliance with licensure requirements."

The ALRB said that, according to ProTech president Joe Senense, ProTech has signed between "20 and 100" labor peace agreement with state marijuana businesses.

Psychedelics

Massachusetts Therapeutic Psychedelic Initiative In the Works. A newly formed group calling itself Massachusetts for Mental Health Options has quietly submitted initial documents to the state Office of Campaign and Political Finance in a bid to put a therapeutic psychedelic initiative on the 2024 ballot.

An organization statement the group filed last week says its purpose is to "expand mental health treatment options in Massachusetts by providing new pathways to access natural psychedelic medicine therapy." The filing adds that the initiative would focus on "creating access to natural psychedelic medicine therapy and removing criminal penalties for personal possession of these medicines."

The effort appears to be backed by New Approach PAC, which played a major role in getting psychedelic initiatives on the ballot in Colorado and Oregon in 2022. At the Psychedelic Science conference in Denver last month, David Bronner of Dr. Bronner's Magic Soaps, a major contributor to New Approach PAC, said he was supporting reform efforts in Massachusetts, as well as Arizona.

The state already has active psychedelic reform groups that have waged successful campaigns to decriminalize psychedelics is six localities, and there are murmurs that New Approach PAC needs to be consulting with them. Bronner said initiative backers are trying to do that.

"Conversations are happening in all directions to see if it is viable, and if so the policy will reflect input from all stakeholders and iterate / learn from / improve on CO, on both decrim and regulated access, within Mass's single issue constraints," he said, referring to a rule that says ballot initiatives in the state must only cover a single subject.

Those conversations need to happen quickly. The deadline to submit an initiative petition is August 3.

Harm Reduction

Oregon's Multnomah County Suspends Distribution of Drug Paraphernalia in Wake of Backlash. The county, home to Portland, has suspended a harm reduction program that handed out drug paraphernalia, such as crack pipes, tin foil, and straw following intense criticism. County Chair Jessica Vega Pederson said the health department had proceeded with the program without "proper implementation protocols."

"In that light, I am suspending the program pending further analysis," she said in a statement. "My focus has been on saving lives. We've seen overdose deaths from fentanyl increase 8-fold since 2019, from 26 deaths to 209 deaths in 2022."

The health department said it will continue to push for the program: "For the time being, our focus will be on expanding our legal analysis to deepen our confidence and assurance in the scope of our operations. Additionally, we are collaborating with the chair's office and the full board of county commissioners to establish resources and communications to support the public's understanding of the roles of harm reduction in our communities," Multnomah County Health Communications Coordinator Sarah Dean said.

The policy faced opposition from the time it was announced, with Portland Mayor Ted Wheeler calling it "deeply misguided" and saying it encourages "illegal drug use." And the county buckled under the pressure.

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