Drug War Chronicle #1205 -- February 23, 2024

Germany's Parliament Votes for Marijuana Legalization Today [FEATURE]

(This article was updated following the Friday vote.)

Germany is on the cusp of legalizing marijuana, with the Bundestag approving through a vote on Friday. It now has to pass the country's Federal Council before becoming law.

The final bill is a watered-down version of the full commercial legalization that was originally envisioned, and it comes after long delays because of opposition from lawmakers inside the ruling "traffic light" coalition government. (The "traffic light" comes from the colors of the three parties in the coalition -- the Social Democrats [red], the Free Democrats [yellow], and the Greens/Alliance 90 [green]).

The country could enter the era of legal marijuana on April 1. According to the bill, as of that date, adults will be able to carry up to 25 grams of weed and grow up to three plants for their own use. Marijuana consumption will remain forbidden for those under 18.

With no legal marijuana sales (for now), people who cannot grow their own will have to resort to membership in nonprofit marijuana social clubs or collectives. The social clubs, which will be limited to 500 members each, will be allowed to grow and distribute marijuana to their members. But for people 18 to 21, that marijuana will be limited to a THC potency of no more than 10 percent, far lower than what is commercially available in the United States, where kind bud has THC levels in the 25-30 percent range.

Health Minister Karl Lauterbach has been spearheading efforts to get the bill done. Lauterbach said Tuesday that the object of legalization was to weaken the black market, reduce prohibition-related crime, and protect consumers from contaminated products.

"The likelihood that the black market for cannabis will significantly shrink is very high," he said, citing the example of Canada and studies that suggest that legalization will shrink the black market by two-thirds.

The legal marijuana system will reduce the role of criminals who target children and teens, he added. "We can hope that with this law we can end two-thirds of the black market, and in doing so we will solve a big problem, because the black market cannabis is now on the market in toxic concentrations that are very harmful. The criminal dealers specifically try to get children and young people addicted and then try to convert the users into other drugs… I believe that we are taking an important step away from a failed cannabis policy."

The Bundestag had a busy final stretch, with eight different parliamentary committees -- Finance; Health; Family, Seniors, Women, and Youth; Nutrition and Agriculture; Education, Research and Technology Assessment; Legal Affairs; Budget; and Transportation -- taking up the bill before the Friday vote.

Several of those committees will also heard an opposition motion from the Christian Democratic Union/Christian Social Union (CDU/CSU) parliamentary faction.

But Lauterbach was confident. There will "definitely" be enough support to get the bill enacted, he said. "The law will go through the Bundestag," he said. "There will definitely be an appropriate vote. We will get through this."

While the Germans started out with a vision of legalization that included commercial legalization, that excited strong opposition from the European Union and from within Germany itself. Instead, the German bill is now modeled after the legalization law approved in neighboring Luxembourg last year. There, each household can grow up to four plants, but possession and consumption are restricted to the home. People caught with small amounts of weed outside the home face a fine of $157, but no criminal prosecution.

There was also language that would have allowed for pilot programs in commercialization in the German bill, but even that was removed from the final bill. If Germany decides it is ready for full-blown commercial legalization, that will have to come later. Assuming final enactment, for now it will be grow your own and cannabis co-ops.

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Tom Cotton Files Bill to "Eliminate the Jalisco Cartel Leadership" [FEATURE]

In a fine bit of political performance art, Sen. Tom Cotton (R-AR) last week rolled out the Jalisco Cartel Neutralization Act, which would require the Department of Defense (DoD) to give Congress a briefing every 90 days on its efforts to eliminate the leadership of the Jalisco New Generation Cartel (NJGC). Rep. Morgan Luttrell (R-TX) filed companion legislation in the House.

It is not clear just exactly what US military involvement in efforts to "capture or kill" members of a Mexican drug trafficking organization consists of, but Cotton and company want to be briefed on it.

Cotton's press release announcing the legislation was even more dramatic -- "Cotton to Pentagon: Eliminate the Jalisco Cartel Leadership," it screamed, seeming to demand action by the military rather than, as the text of the bill indicates, demanding briefings. Cotton claimed that "the bill renews pressure on the administration to capture or kill the leaders of the Jalisco New Generation Cartel, the most brutal and dangerous cartel operating in Mexico," although, again, it only demands briefings.

"Mexican drug cartels continue to kill Americans at a rate higher than any terrorist group in history," Cotton said in his press release. "Even by the standards of drug cartels, the Jalisco New Generation Cartel is especially violent and poses a direct threat to the security of Americans in border states and beyond. It's past time that the Biden administration develops a strategy to hold these murderers accountable."

Rep. Lutrell weighed in, too, warning that "the Jalisco cartel cannot remain emboldened at our border and that the United States military must be ready to engage and eliminate the Jalisco cartel, should it be determined the best course of action is to use the Armed Forces of our great country."

Notably, Cotton and Lutrell fail to mention the root cause of both massive American drug overdose deaths in an unregulated market and the rise of bloody, ruthless drug traffickers: drug prohibition.

Cotton's bill is unlikely to go anywhere in the Democratic-controlled Senate, but that's not the point. The point is to do the hard right version of virtue-signaling (macho-signaling?) and score political points with the MAGA base by trumpeting how tough he can be on those villainous drug traffickers. He is by no means alone in the Republican ranks.

In the past year, Republican politicians and presidential candidates were in a heated competition this year to see who could be the most bellicose when it comes to confronting the Mexican drug trafficking organizations that supply our insatiable demand for cocaine, fentanyl, heroin, and meth.

Whether in the halls of Congress or on the campaign trail, attacking the cartels has proven much more appealing to those beating the war drums than coming up with policies that would actually ameliorate some of the harms of the illicit drug marketplace -- up to and including turning it into a licit, regulated drug marketplace.

They got off to an early start. Last March, Reps. Dan Crenshaw (R-TX) and Tim Walz (R-FL) filed a resolution, HJ Res. 18 "to authorize the use of United States Armed Forces against those responsible for trafficking fentanyl or a fentanyl-related substance into the United States or carrying out other related activities that cause regional destabilization in the Western Hemisphere."

That same month, House rightists led by Rep. Chip Roy (R-TX) filed a bill designating the cartels as foreign terrorist organizations. Sens. John Kennedy (R-LA) and Lindsey Graham (R-SC) filed companion legislation, the cutely named Ending the Notorious, Aggressive and Remorseless Criminal Organizations and Syndicates (NARCOS) Act of 2023 in April.

Also in March, Rep. Marjorie Taylor Greene (R-SC) added some unintentional levity to the mix when she told her two million Twitter followers that the cartels had planted bombs on US soil at the border to terrorize Americans and kill or injure Border Patrol agents and posted a photo of what she claimed was a "bomb." "This changes everything!" she hyperventilated as she called on the US military to "take action" and "end this Cartel led war against America!" But her bomb was only a bag of sand.

In April came reports that Donald Trump was seeking a plan to wage war on the cartels and had been briefed on options that include US troop deployments on Mexican territory and unilateral military strikes.

Trump's would-be challengers for the GOP presidential nomination were ready to one-up him, though, with Florida Gov. Ron DeSantis especially eager to get to shooting people. In June, he called for executing drug smugglers at the border.

Being tough on the border is a theme DeSantis has returned to repeatedly. In August, he doubled down on his vow of deadly force against the cartels. "Day one, we're declaring it to be a national emergency," DeSantis said. "I'm going to do what no president has been willing to do. We are going to lean in against the cartels directly, and we are going to use deadly force against them." And then he >tripled down: "We're authorizing deadly force. They try to break into our country? They will end up stone-cold dead," he said.Not to be outdone, former South Carolina governor Nikki Haley called for siccing US special forces on the cartels. "When it comes to the cartels, we should treat them like the terrorists that they are," Haley said. "I would send special operations in there and eliminate them just like we eliminated ISIS and make sure that they know there's no place for them. If Mexico won't deal with it, I'll make sure I deal with it," she added.

As for the Republican frontrunner, former president and current defendant in numerous criminal and civil cases Donald Trump has his own plans to deploy the US military against the cartels. As part of a broader strategy to crack down on immigration and the border that includes vetting migrants to ensure that no "Marxists" are let in, Trump plans at least two policies that take direct military aim at Mexican drug cartels. The first policy would deploy Coast Guard and US Navy ships to stop drug smuggling boats and the second would designate drug cartels as "unlawful enemy combatants," which would allow the US military to target them in Mexico. That is the same designation used to detain 9/11 suspects for decades at Guantanamo.

Tom Cotton's bill is only the latest iteration of Republican posturing about taking action against the cartels. As with the border security bill they insisted on for months until they got it and then rejected it, the Cotton bill is more theater than serious policy. And in this case, that's probably a good thing.

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Medical Marijuana Update

An Arkansas medical marijuana expansion initiative is cleared for signature-gathering, Wisconsin GOP lawmakers declare medical marijuana is dead for the session, and more.

Arkansas

Arkansas Attorney General Okays Medical Marijuana Expansion Initiative for Signature-Gathering. State Attorney General Tim Griffin (R) on Tuesday gave the official go-ahead for a medical marijuana initiative, the Arkansas Medical Marijuana Amendment of 2024, to begin signature-gathering in a bid to appear on the November ballot.

The measure would expand the state's existing medical marijuana program by allowing more healthcare providers to recommend the drug to patients and vastly expanding the number of conditions for which it could be used. It would also recognize patients from other states and make patient cards good for three years instead of the current one year. And it includes a provision that would legalize adult-use marijuana if federal pot prohibition ends.

Griffin rejected an earlier version of the initiative, saying there were ambiguities and "misleading" language, but the initiative backers have now satisfied his concerns.

They have July 5 to collect 90,704 valid voter signatures from registered voters to qualify for the November ballot.

Maryland

Maryland Senate Committee Approves Bill to Protect Patients' Gun Rights Under State Law. The Senate Judicial Proceedings Committee on Wednesday unanimously approved a bill meant to protect medical marijuana patients' right to bear firearms under state law, Senate Bill 348.

The bill passed without debate, except from bill sponsor and committee chair Sen. Mike McKay (R), who noted that "we've passed the bill like probably five times" over recent sessions, though the measure has not yet been enacted into law.

The bill would protect the rights of registered medical cannabis patients to buy, own, and carry firearms under Maryland law, even though they are still restricted from doing so under federal statute.

The measure now heads for a Senate floor vote. Companion legislation in the House, House Bill 296, has yet to move in committee.

Nebraska

Nebraska Poll Has Support for Medical Marijuana at 70 Percent. A new poll from the Neilan Strategy Group has support for legalizing medical marijuana at 70 percent in the Cornhusker State. Nebraskans for Medical Marijuana, which has been trying for years to get a medical marijuana initiative on the ballot, is trying again this year.

"Nebraskans are clearly ready to legalize medical marijuana," said Perre Neilan of Neilan Strategy Group.

Crista Eggers of Nebraskans for Medical Marijuana said Monday the poll results are similar to what they've seen in recent years and is not surprised "whatsoever."

"Nebraskans are obviously ready to legalize medicinal cannabis," she said.

The group needs valid voter signatures from about 86,000 state voters and they need at least 5 percent of voters from 38 of the state's 93 counties. Eggers said Monday that they already had 32,000 signatures and have qualified in 24 counties already and that they are "much farther ahead" than in 2020 or 2022.

"We're very excited about where we're at," she said. "This time, we're going to get it done or it is not going to happen."

South Carolina

South Carolina Senate Approves Medical Marijuana Bill. The state Senate on Wednesday approved a medical marijuana bill from Sen. Tom Davis (R), Senate Bill 423. The final vote was 24-19 and came a day after the Senate gave it initial approval.

The Senate passed an earlier version of the bill in 2022, only to see it stalled in the House. This bill now goes to the House.

Davis said his goal had always been to "come up with the most conservative medical cannabis bill in the country that empowered doctors to help patients -- but at the same time tied itself to science, to addressing conditions for which there’s empirically based data saying that cannabis can be of medical benefit."

He added that he thought his bill "can actually be used by several states that maybe regret their decision to allow recreational use, or they may be looking to tighten up their medical laws so that it becomes something more stringent."

The bill would allow patients to obtain medical marijuana from licensed dispensaries if they have a doctor's recommendation for treatment of specified qualifying conditions as well as for terminal illnesses and chronic diseases where opioids are the standard of care.

South Dakota

South Dakota: Lawmakers Roll Back Employment Protections for State-Registered Medical Marijuana Patients. House and Senate lawmakers have passed legislation, Senate Bill12, rolling back certain employment protections for state-authorized medical marijuana patients. The voter-approved 2020 initiative legalizing medical marijuana included those protections, but this bill would allow employers to either fire or refuse to hire patients for "safety-sensitive jobs" if they test positive for THC metabolites on a drug screen. The legislation also prohibits patients from suing an employer for wrongful termination if they fail an employer-mandated drug test.

Republic Gov. Kristi Noem is expected to sign the bill, affecting more than 8,500 South Dakotans who are registered with the state medical marijuana program.

Virginia

Virginia Bill to Protect Medical Marijuana-Using State Employees Passes House. A bill that would allow public sector employees to use medical marijuana without losing their jobs, House Bill 149, extends to state public employees' rights that already exist in the private sector. The bill passed with bipartisan support on a 78-20 vote.

Bill sponsor Del. Dan Helmer (D-Fairfax County) sponsored legislation three years ago to protect medical patients, but that bill "unintentionally did not protect public-sector employees," Helmer said. "The key was we left our brave first responders out of this," Helmer said. "That was never our intent and so this bill is meant to fix that."

Similar legislation in the Senate, Senate Bill 391, introduced by Sen. Stella Pekarsky (D-Fairfax County), also offers protection to public sector employees, except for law enforcement officers. The bill passed the Senate with a 30-10 vote.

Now, those two bills will have to be reconciled.

Wisconsin

Wisconsin Republican Medical Marijuana Effort Dead. Assembly Speaker Robin Vos (R) said Friday that the restrictive medical marijuana bill he was supporting is dead and that he is no longer willing to call a floor vote on it. He made the announcement after Senate Majority Leader Devin LeMahieu (R) had made clear that the bill was "a non-starter" for his caucus members.

LeMahieu said he and his members objected to the bill's adoption of state-run dispensaries. "Why would we let government grow the size of government?" he asked.

Vos had said last month he was unwilling to budge from his proposed bill, and now here we are.

"We see that the Senate wants to have a more liberal version than the one that we’re willing to pass," Vos said Thursday. He said he had the votes to pass the measure in the House but would not bring it up with no path to advance in the Senate.

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This Week's Corrupt Cops Stories

A Michigan narc developed a taste for the stuff he was supposed to be repressing, a San Diego detention deputy got caught with cocaine in his car in the jail parking lot, and more.

In San Diego, a former San Diego County sheriff's detention deputy was sentenced January 31 to two years' probation after being caught at a county jail with cocaine in his car. Allen Wereski, 49, pleaded guilty last year to a felony count of possessing drugs on jail property for having cocaine at the Vista Detention Facility. Wereski's arrest was the second of a San Diego County sheriff's deputy last year related to drugs. Cory Richey, a deputy who stole prescription medication from a drop-off box at a patrol station, later pleaded guilty and was sentenced last year to two years of probation.

In Roanoke, Virginia, a former city sheriff's detention deputy was sentenced Monday to four years in prison for taking bribes and smuggled marijuana into the city jail. Jonathan Hidalgo, 34, got caught accepting a $1,000 bribe to take weed into the jail, which he did by hiding it in cleaning supplies. He pleaded guilty in November to three felonies: delivering narcotics to a prisoner and two counts of bribery in a correctional facility.

In Lansing, Michigan, a former narcotics enforcement officer with the Houghton Police Department was sentenced Monday to 90 days in jail after pleading guilty to meth possession. Scott Monette, 55, had served on the Upper Peninsula Substance Enforcement Team (UPSET) when allegations of his meth possession and use first flared in 2021. An investigation by the State Police found methamphetamine and smoking pipes at Monette's residence and confirmed his DNA was present on the pipes. Monette pled guilty to the charge of one count of Possession of Methamphetamine on January 3rd of this year.

[Editor's Note: We do not typically include officers whose only offense was personal drug use or possession in our corrupt cops stories, but this guy's job was to arrest people for using the substances he himself enjoyed, which makes him at least morally corrupt in our book.]

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Germany Pot Legalization One Vote Away, SD Bill to Hike Sentences in Fatal ODs Advances, More...(2/5/24)

The US and China form an official counternarcotics working group to deal with fentanyl and its analogs, a Virginia bill to clear the way for retail marijuana sales advances, and more.

Marijuana Policy

Florida Bill to Cap THC Limits in Event of Legalization Wins Committee Vote. Lawmakers in the House Healthcare Regulation Committee have approved a bill that caps THC limits, in the event that voters approve a pending marijuana legalization initiative, House Bill 1269. But they amended it to raise the proposed cap from 10 percent to 30 percent for marijuana flower, which is in line with the most potent marijuana.

Both the original bill and the amendment came from Rep. Ralph Masullo (R).

"Due to a variety of reasons, we're only at the beginning of understanding the potential long-term benefits and harms of high-potency THC marijuana products," Massullo told subcommittee members, noting that his proposed limits "will only take affect if the constitutional amendment is adopted."

"I'm not going to tell you my opinion on recreational marijuana," he said before the panel vote, "but I will say this: We are tasked with keeping the public safe. It's important that we think about that with a long-term vision and not be reactive."

In addition to the revised restriction on smokable marijuana, Massullo's measure would also impose a 60 percent THC limit on all other marijuana products and set a 10-milligram THC serving size for edibles, with no more than 200 mg per package.

Virginia Senate Committee Approves Marijuana Retail Sales and Sentencing Bills. The Senate Courts of Justice Committee has approved a bill to legalize retail marijuana sales in the commonwealth, Senate Bill 448, from Sen. Aaron Rouse (D). It also approved a bill that would resentence people currently imprisoned for marijuana offenses, Senate Bill 696, from Sen. Angelia Williams Graves (D).

The retail sales bill would begin licensing some adult-use marijuana businesses in July of this year, though retail licenses wouldn't be available until 2025. Local governments would be able to ban commercial cannabis activity, but only with approval from voters.

"Essentially what this bill does is help set up a well regulated adult retail market for cannabis," Rouse told committee members. "We have been taking lots and lots of recommendations from a really broad bipartisan effort to get this just right."

The bill next heads to the Senate Finance and Appropriations Committee before heading for a Senate floor vote.

While the bill provides a framework for legal sales to begin, it would also create a number of new penalties for unlicensed sales. One that sparked considerable pushback from justice advocates is a proposed mandatory minimum sentence that would affect second and subsequent offenses of selling marijuana without a license.

"I came ready today to support this bill," said Chelsea Higgs Wise of Marijuana Justice. "I have to oppose this because of the new crimes and the mandatory minimums."

The resentencing bill would create "a process by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2024, may receive an automatic hearing to consider modification of such person's sentence. The bill also allows persons convicted of any felony offense committed prior to July 1, 2021, who remain incarcerated or on community supervision on July 1, 2024, and whose sentence may have been enhanced because of a previous felony marijuana offense or without the involvement of marijuana such felony offense conviction or felony sentence enhancement would not have been possible, as the involvement of marijuana was necessary to satisfy the elements of the charged offense or the sentence enhancement, to petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2026."

That bill now also heads to the Senate Finance and Appropriations Committee before heading for a Senate floor vote.

Drug Policy

South Dakota Bill to Harden Sentences in Drug Overdose Deaths Advances. The Senate Judiciary Committee has approved Senate Bill 6, which would raise penalties for sellers of Schedule I or II drugs in the event of a fatal overdose. The bill would raise the penalty in such cases to a Class II felony, or a Class I felony in the case of fentanyl. Class I felonies are punishable by up to life in prison.

"By enhancing this a further classification -- to Class I -- we're sending a message to distributors that if you are doing this, if you are using fentanyl and contributing to the deaths being caused by fentanyl overdoses, we are going to punish you more severely than other drug distributors," said Rep. David Wheeler (R-Huron).

Despite opposition to the bill focused on the sharp jump in penalties, the bill passed the committee unanimously and now heads for a Senate floor vote.

Foreign Policy

US, China Launch Counternarcotics Working Group. The State Department reports that: "On January 30, Deputy Assistant to the President and Deputy Homeland Security Advisor Jen Daskal led a US interagency delegation to Beijing, the People's Republic of China, to coordinate efforts to counter the global manufacturing and trafficking of illicit synthetic drugs, including fentanyl. The delegation included representatives from the Department of State, Department of Homeland Security, Department of Justice, Department of the Treasury, and White House Office of National Drug Control Policy.

"Assistant Secretary for International Narcotics and Law Enforcement Affairs Todd D. Robinson also met separately with PRC Ministry of Foreign Affairs Director General of the North American and Oceanian Affairs Department Yang Tao and Ministry of Public Security Director General of the International Cooperation Department Hu Binchen. In these meetings, Assistant Secretary Robinson discussed the need for deeper counternarcotics collaboration between the United States and the PRC at all levels, including policymaking, law enforcement coordination, and the sharing of technical information and best practices that can benefit both countries and the world."

"The US-PRC Counternarcotics Working Group complements other ongoing efforts by the State Department to counter the scourge of fentanyl, including the Global Coalition to Address Synthetic Drug Threats. It is a mechanism for ongoing bilateral communication and policy and law enforcement coordination to support and implement concrete enforcement actions and exchange information on counternarcotics efforts, which will help to save lives in the United States and around the world."

Harm Reduction

West Virginia Governor Signs Bill Legalizing All Drug Test Strips. Gov. Jim Justice (R) last Friday signed into law Senate Bill 269, which removes drug testing strips from the state's list of drug paraphernalia. Under previous state law, people caught with drug test strips could be charged with possession of drug paraphernalia.

Lawmakers in 2022 passed a bill that removed fentanyl test strips from the definition of paraphernalia; this bill extends that to any drug test strip.

This law will allow people to test for substances such as xylazine ("tranq"), which is increasingly showing up in the black market drug supply.

Illicit drug users can use test trips to verify their drugs aren't contaminated with something else more lethal like fentanyl or xylazine.

Proponents of the bill like Iris Sidikman (they/them), harm reduction program director for the Women's Health Center, say it could save lives.

They said while the fentanyl testing strips have been useful, the newest cutting agent, xylazine -- or tranq -- is the most requested test strip. Under current state law, it would be illegal for the clinic to distribute xylazine tests.

"The most immediate thing that this legislation would allow is for us to distribute xylazine test strips, which many people have asked me about here at the clinic as part of our Harm Reduction Program, people are interested in them," said Iris Sidikman, harm reduction program director for the Women's Health Center.

International

Germany's Governing Coalition Reaches Final Deal on Marijuana Legalization Bill. The Social Democratic Party (SDP), the Free Democratic Party (FDP), and the Greens released a joint statement saying they have reached a final agreement on a marijuana legalization bill. That clears the way for a final vote later this month and enactment into law in April.

The bill marks "a real milestone for a modern drug policy that strengthens prevention and improves health, child and youth protection," the parties said.

The final changes, which addressed concerns within the more conservative SDP mark slight revisions, mainly about expanded and expedited monitoring and reporting requirements related to the black market.

"We agreed on the final details cannabis of legalization last night. The fight against the black market, decriminalization and better protection of minors will come as announced," the health minister said on Thursday.

"The final die for a progressive drug policy in Germany has been cast!" SPD's Carmen Wegge said. We will now be entering the home stretch at the end of February!"

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Magic Mushroom Busts Jump, "Gas Station Heroin" Brand Recalled, More... (2/6/24)

Fifty members of Congress are worried that the Chinese Communist Party is profiting from illegal weed grows, Pennsylvania's governor calls (again) for marijuana legalization, and more.

Marijuana Policy

Fifty Members of Congress Demand DOJ Address Growing Number of Chinese-Run Illegal Marijuana Grow Operations. A bipartisan cohort of more than four dozen lawmakers has sent a second letter to Attorney General Merrick Garland expressing deep concerns about the involvement of Chinese organized crime in illegal marijuana grow operations and demanding that the Justice Department (DOJ) investigate any links to the Chinese Communist Party.

A first letter, signed by Maine lawmakers, went to DOJ last August amidst reports that 270 Chinese-run illegal grow operations worth an estimated $4.4 billion were found in the state.

The follow-up letter reiterates the concern about the Chinese and seeks specific information on DOJ's efforts to investigate the role of the Chinese Communist Party, the extent of unauthorized marijuana farms, the impact of state-level legalization on those operations, and the potential sending of funds from "CCP-funded" farms to China.

"We write to follow-up to our August 23, 2023, letter regarding reports of a memo that was produced and circulated by Border Patrol officials over alleged illegal Chinese marijuana growing operations in the state of Maine," the letter said.

"Since that time, there have been multiple raids across the state; since the beginning of this year, police have arrested eight people and seized more than 4,400 cannabis plants at four growing sites in Belgrade, China, and Cornville, Maine."

That's a far cry from 270 illegal grows and $4.4 billion in revenues.

The DOJ has until February 23 to respond to the questions posed in the letter.

Pennsylvania Governor Calls for Marijuana Legalization in Budget Message.

Gov. Josh Shapiro (D) called for marijuana legalization during his second budget address at the state capitol in Harrisburg Tuesday as he unveiled an ambitious broader plan to use a $14 billion budget surplus to expand services.

"Now is the time to invest some of that $14 billion surplus squirreled away here in Harrisburg," Shapiro told lawmakers. "It's not a badge of honor, nor is it something to be politically proud of for some lawmakers out there to say: I took more money from the good people of Pennsylvania than I needed and then bragged about how I just kept it in some bank account here in the capitol."

Shapiro renewed the call for legalizing marijuana that he first made as governor last year, with a proposal that would see adult-use legalization by July 1 and recreational sales by January 1, 2025. He also called for the expunging of records of those convicted of marijuana possession.

Shapiro noted that Pennsylvania is surrounded by states that have already legalized it and that the state is losing tax dollars to its legalizing neighbors. He said he hoped marijuana tax revenues would generate $250 million a year once the market is up and running.

Psychedelics

Magic Mushroom Seizures Jumped Dramatically in Recent Years -- Because of Increasing Popularity, Not Increasing Enforcement. The National Institute on Drug Abuse reports that: "Law enforcement seizures of "magic mushrooms" or "shrooms" containing the psychoactive component psilocybin increased dramatically in the United States between January 2017 and December 2022, according to a new study funded by the National Institute on Drug Abuse, part of the National Institutes of Health. The number of law enforcement seizures increased from 402 seizures in 2017 to 1,396 in 2022. In addition, the total weight of psilocybin mushrooms seized by law enforcement increased from 226 kg (498 lbs) seized in 2017 compared to 844 kg (1,861 lbs) in 2022.

"The researchers found that most seizures occurred in the Midwest (36.0%), followed by the West (33.5%). The greatest total weight in seizures came from the West (1,864 kg/4,109 lbs, representing 42.6% of all seizures), followed by the South (1,832 kg/4,039 lbs, representing 41.8%). Though there was a significant increase in the total weight of psilocybin mushrooms seized between 2017 and 2022 overall, the investigators found that the total weight seized peaked in 2021 (1,542 kg/3,400 lbs).

"The data used for the analysis were collected through the High Intensity Drug Trafficking Areas (HIDTA) program, a grant program aimed at reducing drug trafficking and misuse administered by the Office of National Drug Control Policy. Though law enforcement seizures do not necessarily reflect prevalence of use, they represent an indicator of the availability of illicit drugs."

"Self-reported data on the prevalence of their use is limited, though available research suggests that use of drugs like psilocybin that cause hallucinations has increased among adults aged 35-50 in recent years. In addition, research suggests that psilocybin is the most consumed plant-based psychedelic drug in the United States, with 11.3% of individuals aged 12 or older in the United States reporting having ever used psilocybin in 2022."

"We are in the middle of a rapidly evolving cultural, media, and legal landscape when it comes to psychedelics, and we need data to help shape informed and appropriate public health strategies," said NIDA Director Nora D. Volkow, M.D. "Moving forward, we must continue to track data on the availability of psychedelics, patterns in use, and associated health effects to guide efforts in promoting accurate education and reducing potential harms among people who do plan to use psychedelic drugs."

"While psilocybin is by no means the most dangerous drug, recreational use can come with unforeseen risks such as bad trips" said Joseph J. Palamar, PhD, MPH, associate professor at the NYU Grossman School of Medicine and co-investigator on the NIDA-funded National Drug Early Warning System (NDEWS) and lead author on the paper. "Research studies suggesting its effectiveness in treating mental health issues and extensive positive media coverage may lead some people to seek shrooms outside of medical contexts. People who use psilocybin outside of medical supervision need to be educated about risks associated with use."

"Most national surveys and studies don't capture self-reported data on psilocybin use specifically, so these findings help shed important light on an area where we've been largely left in the dark," said Linda B. Cottler, PhD, MPH principal investigator of NDEWS, University of Florida, and author on the paper.

Drug Policy

Neptune Brands of "Gas Station Heroin" Recalled. A supplement containing "gas station heroin," as the unscheduled substance tianeptine is known, has been pulled from the shelves after its manufacturer recalled the product.

Tianeptine is an antidepressant used in Europe but not approved for medicinal use in the US by the Food and Drug Administration (FDA). It has euphoric, opioid-like effects but has also been linked to severe illnesses.

Neptune Resources, the manufacturer of Neptune's Fix Elixir, Neptune's Fix Extra Strength Elixir and Neptune's Fix Tablets recalled all of those products on January 28 because they contain tianeptine.

The recall came weeks after lawmakers urged the FDA to review tianeptine, but days before he Centers for Disease Control and Prevention reported that it was linked to a "cluster of severe illness." According to the report, 20 cases of tianeptine ingestion were associated with "severe clinical effects" reported from June to November 2023.

As an unscheduled substance, tianeptine has become available in a number of products sold at gas stations, convenience stores, and head shops, thus earning the sobriquet "gas station heroin."

Several states have banned tianeptine: Alabama, Florida, Georgia, Indiana, Kentucky, Michigan, Mississippi, Ohio and Tennessee.

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ID Lawmakers Move to Ban Weed Advertising, CA Therapeutic Psychedelic Bill Filed, More... (2/7/24)

The DEA settles with another opioid distributor, Oklahoma's Republican governor calls for civil asset forfeiture reform, and more.

Marijuana Policy

Idaho Lawmakers Move to Ban Marijuana Advertising. Rep. Judy Boyle (R) and Sen. Chris Trakel (R) on Wednesday introduced a bill to criminalize the advertising of products or services that are illegal in the state -- like marijuana.

While the state remains staunchly prohibitionist, it borders four legal marijuana states -- Montana, Nevada, Oregon and Washington. Lawmakers cited a marijuana billboard near the Oregon-Idaho border and newspaper advertisements from North Idaho.

The bill would allow misdemeanor charges for "any person who willfully publishes any notice or advertisement, in any medium, of a product or service that is illegal under Idaho law."

The House State Affairs Committee voted Wednesday to introduce the bill. The bill text is not yet available on the state's legislative web site.

Asset Forfeiture

Oklahoma Governor Says Asset Forfeiture "Isn't Fair" and Calls for Reform. In his annual State of the State address Monday, Gov. Kevin Stitt (R) called for reforms of the state's civil asset forfeiture laws.

"We need to address civil asset forfeiture," Stitt said. "It's crazy to me that somebody can be pulled over and have their cash and truck taken for an alleged crime, get acquitted of that crime, but they still never get their property back. "That isn't fair, and we need to make sure it isn't happening anywhere in Oklahoma," Stitt continued.

Oklahoma is one of a shrinking number of states that have yet to embrace civil asset forfeiture reform. Civil asset forfeiture laws allow police to seize property and cash they believe is linked to criminal activity even if the owner is never charged with or convicted of a crime.

Opiates and Opioids

DEA Announces Settlement with Morris & Dickson Co., LLC. The US DEA announced a settlement with pharmaceutical distributor Morris & Dickson Co., LLC for "failing to maintain effective controls against diversion of controlled substances, including failure to report to DEA thousands of unusually large orders of oxycodone and hydrocodone."

Under the settlement, Morris & Dickson "admitted to all wrongdoing previously determined by the DEA Administrator and will surrender one of their two DEA Certificates of Registration (COR)." The settlement also includes the distributor maintaining a compliance program, doing increased reporting to DEA for five years, and paying $19 million.

DEA accuses Morris & Dickson of "long-term, egregious failures... to maintain effective controls against diversion of controlled substances," "fail[ing] to design and operate an adequate [suspicious order monitoring] system" and "fail[ing] to investigate or report potentially thousands of suspicious orders of oxycodone and hydrocodone to DEA."

Psychedelics

California Therapeutic Psychedelics Bill Filed. State Sen. Scott Wiener (D) and Assembly Members Josh Lowenthal (D) and Marie Waldron (D) have coauthored a bill to permit the use of psychedelic mushrooms and certain other psychedelics for therapeutic purposes, Senate Bill 1012. The bill was introduced in the Senate Tuesday.

Otherwise referred to as the "Regulated Psychedelic-Assisted Therapy Act," the proposed bill would authorize professionals to administer the consumption of psychedelics by individuals over the age of 21.

The bill would categorize dimethyltryptamine (DMT), mescaline, 3,4-methylenedioxymethamphetamine (MDMA), ibogaine, psilocybin, and psilocyn as "regulated psychedelic substances" and would create a regulatory entity "to license and regulate psychedelic-assisted therapy facilitators" who would supervise the administration of these substances.

The bill comes months after Gov. Gavin Newsom (D) vetoed a bill that would have legalized natural psychedelics. In his veto message, Newsom expressed his support of the potential therapeutic benefits of the substances once "regulated treatment guidelines" were designed. He also "urge[d] the legislature to send [him] legislation [in 2024] that includes therapeutic guidelines."

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OR Drug Recriminalization Debate, AR MedMJ Advocates Resubmit Ballot Initiative, More... (2/8/24)

A South Carolina medical marijuana bill is back, an eighth Massachusetts municipality endorses psychedelic reform, and more.

Marijuana Policy

Florida Bill to Cap THC Potency of Recreational Marijuana Advances. The Senate Health Committee voted Tuesday to approve a bill that would cap THC content in smokeable marijuana at 30 percent, Senate Bill 7050. Recreational marijuana is currently not legal in the state, but the bill was filed with an eye toward a pending marijuana legalization initiative likely to be on the ballot in the fall.

Committee Chairwoman Colleen Burton (R) of Lakeland said its aimed at beginning to create a separate regulatory structure for recreational marijuana, should the amendment be placed on the ballot and be approved.

"Should the amendment pass, we will continue to have a medical marijuana market and we would have a personal use market," Burton said. "The potencies and quantities that you see in the recommended language today are based upon keeping that separate."

The bill now heads to the Senate Fiscal Policy Committee before it can get a Senate floor vote.

Virgina Senate Committee Unanimously Approves Bill Barring Pot Use from Being Used as Evidence of Child Abuse. The Senate Courts of Justice Committee voted unanimously Wednesday to approve a bill that would bar the state from using marijuana alone as evidence of child abuse or neglect, Senate Bill 115. The aim is to prevent parents and guardians from being discriminated against based on marijuana use and possession, which has been legal in the commonwealth since 2021.

The bill also provides that drug testing in child custody and visitation matters "shall exclude testing for any substance permitted for lawful use by an adult" under the state’s alcohol, marijuana and drug laws.

A person’s "lawful possession or consumption" of those substances, the bill says, "shall not serve as a basis to restrict custody or visitation unless other facts establish that such possession or consumption is not in the best interest of the child."

The bill now heads for a Senate floor vote.

Medical Marijuana

Arkansas Medical Marijuana Expansion Advocates Resubmit Ballot Initiative. After state Attorney General Tim Griffin (R) rejected the language in their medical marijuana expansion ballot initiative last month, Arkansans for Patient Access has resubmitted the language for their initiative, The Arkansas Medical Cannabis Amendment of 2024.

Griffin had found that the ballot title for the measure was insufficient due to improper formatting and that there were ambiguities about how the proposed amendment would impact the state’s existing laws and regulations surrounding cannabis.

"The resubmission is focused on responses to issues raised in the attorney general’s rejection opinion," said Bill Paschall, executive director of the Arkansas Cannabis Industry Association. "Legal counsel believes Arkansans for Patient Access’ latest submission should satisfy those issues."

The initiative would allow patients and caregivers to grow up to seven mature and seven immature plants, broaden the categories of medical personnel who could certify patients, allow for the use of telemedicine, establish reciprocity with other states, and extend patient ID cards from one year to three years.

Provided they get the okay from the attorney general, petitioners will have until July 5 to come up with 90,704 valid voter signatures to qualify for the November ballot.

South Carolina Medical Marijuana Bill Is Back. The Senate has signaled it is ready once again to move on a medical marijuana bill, Senate Bill 423, also known as the Compassion Care Act, which was first filed more than a year ago. On Tuesday, the Senate voted 26-13 to set it for special order, meaning it will be fast-tracked for Senate debate.

The bill would legalize the medicinal use of marijuana in the state for certain specified ailments and conditions. Similar legislation passed the Senate in 2022, only to die in the House.

Bill sponsor Sen. Tom Davis (R) says the bill would be the "most conservative medical cannabis bill in the country" because it does not allow for smoking marijuana flowers and because of the tight list of specified conditions.

Psychedelics

Another Massachusetts City Embraces Psychedelic Reforms. The city council in Medford, Massachusetts, voted Tuesday night to approve a resolution to make investigation and arrests for entheogenic plants and fungi the lowest law enforcement priority. The resolution also calls for all controlled substances to be addressed primarily as a public health matter and for the Middlesex County District Attorney to cease prosecutions for noncommercial activities involving the psychedelics.

Medford becomes the eighth Massachusetts city to adopt  psychedelic reforms.

Drug Policy

Oregon Effort to Recriminalize Drug Possession Debated for Hours at Capitol. Lawmakers trying to figure out whether to leave the state's voter-approved drug decriminalization intact or not held an hours-long public hearing Wednesday on the controversial topic.

Advocates for retaining decriminalization argued that expanding drug treatment is and treating addiction as a public health matter is a smarter approach than criminalizing drug use, while proponents of recriminalizing drug possession said it must bee done to help police stop open drug use and the disorder playing out on some Portland streets.

"Please address drug addiction and homelessness, but do so with real solutions — not political theater," said Sandy Chung, executive director of the American Civil Liberties Union of Oregon. "For decades, lawmakers have fed unconscionable amounts of money and actual human beings into the criminal legal system."

"Measure 110 has failed," said House Minority Leader Jeff Helfrich (R-Hood River), a former Portland police sergeant. "We can see it on the streets. We can see it in the statistics. We can hear it in the voices of the victims."

The legislation at issue is House Bill 4002, drafted by Democratic lawmakers, which would make make possession of small amounts of drugs like fentanyl and heroin a Class C misdemeanor, the state’s least-severe crime classification punishable by 30 days in jail.

Among its many provisions, the bill would also create a new system by which drug users could opt to meet with a social services provider rather than face charges for possession, make it easier to seek harsh punishments for drug dealers, and expand access to medications that ease opioid withdrawal.

The public hearing is over, but the debate will continue.

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SF Mayor's Bid to Drug Screen Welfare Seekers Draws Opposition, PA Drug Courts to Allow Opioid Meds, More... (2/9/24)

A pair of Tennessee bills would allow voters to weigh in on marijuana policy questions, the European Union gives the go-ahead for a multi-national initiative campaign on medical marijuana and research, and more.

Marijuana Policy

Tennessee Bill Would Ask Voters to Weigh in on Marijuana Policy. The Republican-controlled state has yet to embrace even medical marijuana, but now, one lawmaker wants the state's voters to have a say. Rep. Jesse Chism (D-Memphis), has filed House Bill 2657, which would put three marijuana policy questions before the voters in the form of non-binding referenda.

If the bill were to pass, voters would be asked three yes or no questions: Should the state legalize medical marijuana, should it decriminalize the possession of less than an ounce of weed, and should it legalize and regulate commercial sales of recreational use of marijuana?

Chism filed a similar bill last year, but it was killed with opponents arguing that marijuana policy should be set at the federal level.

Sen. Raumesh Akbari (D-Memphis) is sponsoring identical legislation, Senate Bill 2726, in the upper chamber this year. Both bills are in committee.

Drug Policy

San Francisco Mayor's Proposal to Mandate Drug Screening for Welfare Recipients Draws Opposition Campaign. Mayor London Breed's (D) Proposition F ballot measure that would require people seeking welfare benefits in the city to undergo drug screening is part of her campaign to clean up the city's drug crisis. But it is also drawing opposition from addiction treatment providers and medical professionals who on Thursday launched an opposition campaign. They called the move "cynical ploy to shift blame onto the poorest San Franciscans

"Prop F’s potential for harm is undeniable," said Gary McCoy, a spokesperson for HealthRight 360, the city’s largest addiction treatment provider. "It blurs the line between care and punishment. It hurts people for their illness and dangerously undermines overdose prevention and recovery."

Under Prop F, which is on the March ballot, people seeking cash assistance would not only have to undergo a drug screening, they would have to enroll in a free drug treatment program if they are found to be drug users. Such people would not be required to test negative for drugs but would be required to actively participate in treatment.

State Assembly Member Matt Haney, the San Francisco Democratic Party and the League of Women Voters. They argue that coercing drug users into treatment is not effective and a waste of health care resources.  

"I have seen addiction and overdose worsen when people lose support systems and that is what Proposition F threatens to do," said Dr. Marlene Martin, director of the addiction care team at UCSF.

Harm Reduction

Pennsylvania Drug Courts Will Be Required to Allow Use off Opioid Addiction Medications. As part of the settlement of a federal lawsuit, drug courts in several counties will allow participants to use medications prescribed to control their opioid addiction, such as methadone and buprenorphine. Federal prosecutors had filed against the state's Unified Judicial System in 2022, charging that several county courts were unlawfully forbidding people in their drug courts from taking those to treat opioid addiction.

Under the terms of the settlement, courts in Blair, Jefferson, and Northumberland counties must adopt within 60 days a nondiscrimination policy that prohibits them from barring people taking prescribed medications for substance use disorder.

The suit was filed on behalf of several drug court participants who were forced off their addiction medications because judges overseeing the courts had adopted policies forbidding those medications.

Under the settlement, the state must also train all judges in criminal and state courts on federal antidiscrimination laws and opioid addiction medications, as well as encourage every county court to adopt the same nondiscrimination policy as Blair, Jefferson, and Northumberland counties.

International

European Union Commission Clears Way for Medical Marijuana and Research Initiative to Begin Signature-Gathering. The European Commission agreed on Tuesday to register a multi-national initiative to foster access to medical marijuana and promote research into the therapeutic potential of cannabis. That means signature-gathering can get underway. Petitioners will have six months to start the drive, then must gather one million signatures from at least seven members countries within a year to force the European Union to consider the proposal.

Activists had sought a three-pronged initiative, but the commission said it could only approve two. One approved objective asks the commission to "foster access to medical cannabis and allow the transportation of cannabis and its derivatives prescribed for therapeutic purposes to ensure the full enjoyment of the right to health." The other requests that EU allocate "the necessary resources for researching cannabis for its therapeutic purposes."

The commission declined, however, to register the third prong, which was to "convene a trans-European citizens’ assembly on cannabis policies, including sanctions and the consistency of Member States’ policies."

 

"The Commission had to refuse the registration of the first objective of the initiative, as it falls outside the Commission’s powers to submit a proposal for a legal act on this matter," it said. "The Commission has not analyzed the substance of the proposals at this stage," it added. "The decision to register the initiative insofar as its second and third objectives are concerned, is of a legal nature and it does not prejudge the final legal and political conclusions of the Commission on this initiative and the action it would intend to take, if any, in case the initiative obtains the necessary support."

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MA Therapeutic Psilocbyin Bill Advances, WA Home Grow Bill Dies Without a Vote, More... (2/12/24)

Virginia lawmakers keep moving toward approving a legal marijuana marketplace, Hawaii lawmakers now have a pair of complementary marijuana legalization bills to ponder, and more.

Marijuana Policy

Hawaii Attorney General's Marijuana Bill Now Filed in House and Senate. House Rep. David Tarnas (D) and Sen. Jarret Keohokalole (D) have introduced complementary marijuana legalization bills drafted by Attorney General Anne Lopez (D), House Bill 2600 and Senate Bill 3335. Both bills have substantial backing from lawmakers but face criticism from advocates.

The bills would allow people 21 and over to possess up to an ounce of weed and five grams of concentrates and allow for the home cultivation of up to six plants. The bills would also establish a Hawaii Cannabis Authority to regulate the industry, oversee licensing and impose a 10 percent tax on adult-use cannabis sales in addition to the state's 4 percent sales tax.

But they also contain provisions including new criminal penalties for minors that advocates see as excessively punitive.

"Legalization should mean fewer cannabis arrests, not more," said Karen O'Keefe, director of state policies for Marijuana Policy Project. Policy changes "should include the clearing of criminal records for cannabis and reinvestment in hard-hit communities. Instead, these bills ramp up cannabis-specific law enforcement and impose jail time for innocuous behavior that harms no one, including driving long after impairment wears off and having a previously opened jar of edibles in the passenger area of a car."

Virginia Marijuana Sales Bill Heads for House Floor Vote. In a vote of the whole House Friday, delegates laid the way for a final House floor vote on a bill that would create a retail marijuana market in the state, House Bill 698. The bill would allow current medical marijuana producers to begin selling adult-use marijuana on July 1 and require efforts to incubate marijuana microbusinesses for applicants with disadvantaged backgrounds.

"We only get one shot at rolling out a retail market in an orderly fashion and we have to get it right," said bill sponsor Del. Paul Krizek (D-Fairfax) while explaining his bill to the House.

A Senate bill to allow adult-use marijuana sales, Senate Bill 448, passed the upper house in January. That bill allows the issuing of retail licenses by July 1 but defers the advent of sales until January 1, 2025.

Both bills have grappled with finding a balance between competitive markets and promoting social equity, and both bills have been heavily amended in the process.

Washington Home Grown Bill Dies Without Ever Getting a Vote. The state is an outlier among legalization states because it does not allow for home cultivation, and it is going to stay that way for at least another year after a bill to allow home grows, House Bill 2194, died without a vote.

The bill had been assigned to the House Appropriations Committee but was not called for a vote before a February 5 deadline for bills to move out of financial committees. That means it is dead for this session.

Lawmakers have been trying to allow for home cultivation since 2015, to no avail.

Although the state legalized marijuana in 2012, growing marijuana without a medical marijuana card is a Class C felony, carrying up to five years in prison and up to $10,000 in fines.

Psychedelics

Massachusetts Therapeutic Psilocybin Bill Advances. The Joint Committee on Public Health has approved a bill, House Bill 3605, that would legalize psilocybin (the substance that puts the magic in magic mushrooms) for medical, therapeutic, and spiritual purposes.

Authored by Rep. Nicholas Boldyga (R), the bill would allow for the supervised use of psilocybin during sessions overseen "by a properly licensed facilitator."

The bill envisions the state Department of Public Health overseeing licensing of facilitators and the educational institutions training them. Facilitators would be required to undergo 20 and 300 hours of training from a licensed school, including at least 20 hours of in-person practice.

The bill has the support of Bay Staters for Natural Medicine and New Englanders for Plant Medicine. The bill now goes back to the House and Senate for floor votes in both chambers.

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NM Therapeutic Psilocybin Resolution Advances, Philippines MedMJ Bill Advances, More... (2/13/24)

Battles over what to do with Oregon's drug decriminalization continue, an Arizona bill ostensibly aimed at homelessness would heighten penalties for some drug crimes and create a new offense, and more.

Psychedelics

New Mexico Psilocybin Therapy and Research Resolution Advances. A bipartisan resolution -- SM 12 -- calling on state officials to research the therapeutic potential of psilocybin and explore the creation of a regulatory framework to provide access to the psychedelic has passed out of the Senate Health and Public Affairs Committee on a unanimous vote.

The "memorial" resolution from Senate Minority Whip Craig Brandt (R) and Sen. Jeff Steinborn (D) is not binding but represents a formal request that the state Department of Health "study the efficacy of using psilocybin mushrooms for therapeutic treatments and the establishment of a program for psilocybin mushrooms to be used for therapeutic medical treatments."

The resolution notes that the Food and Drug Administration (FDA) has designated psilocybin as a "breakthrough therapy" and says that the Department of Health should start thinking about a "necessary statutory or regulatory framework for developing" a state-level psilocybin program.

"This can help people very potentially, and so what we're trying to do in a bipartisan way is ask the Department of Health to recognize that we want them to get going to start looking at this," Steinborn said during debate.

The resolution now heads for a Senate floor vote. Last year, similar legislation won a House committee vote, only to die after that.

Drug Policy

Arizona Bill Would Tackle Homelessness by Increasing Some Drug Sales Penalties. Rep. Matt Gress (R-Phoenix) has filed legislation, House Bill 2782, that seeks to address homelessness but does so in part by cracking down on drug sales within declared "drug-free service zones" and by punishing any facility that allows drug use on its premises.

The "drug-free service zones" would surround any location that provides services to the homeless. The bill would heighten sentences for drug sales in the area by adding one year to any sentence and making that year mandatory -- without any chance for probation or deferred adjudication. And it would make it a misdemeanor to tolerate drug use on homeless service premises.

The bill also includes provision for a $75 million permanent fund for homeless shelters and services and modifies funding allocations for homeless service providers contingent upon meeting performance benchmarks.

"This legislation is an important step towards reducing chronic homelessness and drug-related crime, ensuring that Arizona's vulnerable populations are effectively supported while ensuring public safety," Gress said. "Establishing accountability within homeless service zones will help safeguard our communities from drug-related crime and offer a more structured and supportive environment for our homeless population to rebuild their lives."

The bill is before the House Appropriations Committee, but it is not on this week's meeting agenda. The bill would have to be heard in next week's meeting, the last for the committee to consider bills introduced in the House, if it is to advance.

Oregon Bill Would Make Public Drug Use a Misdemeanor. With the Democrats' bill to recriminalize drug use facing an uncertain future, some bipartisan members of the legislature are presenting another option: making public drug use a misdemeanor. Senate Bill 1553 would do just that.

State voters approved drug decriminalization in 2020 as part of Measure 110, which also dedicated marijuana tax revenues to treatment, prevention, and harm reduction services. But decriminalization has sparked a backlash, strengthened in part by high fatal overdose levels and visible public drug use, and lawmakers are now squabbling primarily not over whether to recriminalize drug possession but how to.

The Democrats, who control the legislature, have presented House Bill 4002 as their primary response. It looks to expand access to medications that ease opioid withdrawal, expand drug treatment services, and make it easier to prosecute drug dealers. It also makes drug possession a Class C misdemeanor, punishable by up to 30 days in jail. Many Republicans are arguing that is not tough enough and are demanding that it be a Class A misdemeanor punishable by up to a year in jail.

Meanwhile, the bill to make public drug use a misdemeanor got a hearing in the Senate Judiciary Committee Monday, but no vote was taken.

International

Philippines Medical Marijuana Bill Advances. A joint panel in the House of Representatives has in principle approved a bill to legalize the medicinal use of marijuana, but without removing it from the country's list of dangerous drugs. Meeting together, the Committee on Dangerous Drugs and the Committee on Health agreed to the measure, which consolidates a number of House bills.

The measure would legalize medical marijuana and create a Medical Cannabis Office to oversee the program.

After the joint panel vote, Committee on Dangerous Drugs Chair Rep. Robert Ace Barbers ordered that the committee report be approved and sent to the Rules Committee, which will need to approve it before sending it to the Appropriations Committee, which will then need to approve it before it goes for floor votes.

Under the draft law, an Medical Cannabis Office would be established to act as the "primary regulatory body for medical cannabis under the direct supervision and control of the Department of Health" which would work with the Dangerous Drugs Board and other related agencies for policy and programs coordination.

Medical marijuana could only be accessed through authorized and licensed hospitals, clinics, drugstores and other medical facilities. Only accredited physicians would be authorized to prescribe it to qualified patients, in quantities that would not last for over a year.

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HI Legal Marijuana Bill Advances, San Francisco Voters Ready for Crime Crackdown, More... (2/14/24)

Marijuana-related legislation is popping up at statehouses around the country, North Carolina lawmakers ponder banning "gas station heroin," and more.

Marijuana Policy

Hawaii Marijuana Reform Bills Are Moving. Lawmakers in the Aloha State are taking up marijuana with alacrity. In the House, the House Committee on Judiciary and Hawaiian affairs approved a pair of marijuana reform bills, House Bill1596, which reduces penalties involving the possession of marijuana (up to one ounce) and marijuana-related paraphernalia to a fine-only ($25) non-criminal offense, and House Bill1595, which facilitates state-initiated expungements for those with misdemeanor marijuana convictions. (Under existing law, only those convicted of possessing three grams of cannabis or less are eligible for expungement relief; moreover, those eligible must petition the courts themselves in order to have their conviction vacated.)

In the Senate, the Health and Human Services and Judiciary joint committee approved a marijuana legalization bill, Senate Bill 3335, which seeks to regulate the adult use cannabis market. Advocates have criticized some provisions of the bill, including sections that create a new criminal offense for minors in possession.

Idaho Bill Would Set Minimum $420 Fine for Small-Time Pot Possession. Rep. Bruce Skaug (R-Nampa) filed a bill Tuesday in the House State Affairs Committee that would create a minimum $420 fine for possession of any amount less than ounces of marijuana. The crime would be a misdemeanor.

Possessing more than three ounces of marijuana is a felony punishable by up to five years in prison.

The committee voted to introduce the bill, paving the way for it to be brought back for a public hearing.

US Virgin Islands Marijuana Legalization Gets Big Push. The US territory approved marijuana legalization more than a year ago, but progress had been stalled by ambiguities in the law's language an the lack of quorum on an advisory board charged with developing rules and regulations. But now that board has approved a list of proposed rules and regulations, and a 30-day public comment period on the proposed regulations will begin soon.

"We have been waiting a very long time for this," Dr. Catherine Kean, the advisory board's chairperson, said.

The board is also completing a registration system for people who use marijuana for medicinal or sacramental reasons, who should be able to legally access by April. Businesses will be able to register by this summer, but cultivation and manufacturing licenses likely will not be granted before the end of the year.

The law allows adults ages 21 and older to possess up to two ounces of marijuana, a half-ounce of cannabis concentrate and one ounce of products such as edibles for recreational, sacramental and other uses. Medical marijuana patients can have double those amounts.

Retail sales will be taxed at 18 percent, although medical marijuana patients are exempt.

Wyoming Marijuana Decriminalization Bill Filed. Rep. Karlee Provenza (D-Albany County) has filed a bill to decriminalize small-time pot possession, House Bill 204. It has one House cosponsor and two Senate cosponsors.

The bill would decriminalize the possession of up to three ounces, with a maximum fine of $100. Under current law, possession of less than three ounces of weed is a misdemeanor carrying a potential penalty of up to a year in jail, a $1,000 fine or both.

It would also make possession of more than three ounces a misdemeanor punishable by up to six months in jail and a maximum $1,000 fine. Current law makes possession felony, carrying penalties of up to five years in prison and a $10,000 fine or both.

Drug Policy

North Carolina Lawmakers Take Aim at "Gas Station Heroin.". A House committee on substance abuse issues met Tuesday to discuss the unscheduled drug tianeptine, which is marketed as a dietary supplement under brand names such as Za Za and Neptune's Fix. But tianeptine, and anti-depressant used medically in Europe, is also known as "gas station heroin" because it is often sold in gas stations and convenience stores because it is addictive and has been linked to medical emergencies.

Tianeptine is already banned in Georgia, Kentucky, and Tennessee, and the FDA has warned that it linked to seizures, overdoses, and even deaths.

"Tianeptine is not approved by the US Food and Drug Administration for any medical use," the agency said on its web site. "Despite that, some companies are illegally marketing and selling products containing tianeptine to consumers. They are also making dangerous and unproven claims that tianeptine can improve brain function and treat anxiety, depression, pain, opioid use disorder, and other conditions."

Rep. Wayne Sasser (R-Stanly) takes a prohibitionist approach, arguing that tianeptine should be added to pending legislation to regulate hemp products and other new drugs.

"We're outlawing kratom in that bill," he said. "And the Senate could add this drug to that bill very easily. I don't think we need to make it a controlled drug, we just need to outlaw it."

The legislature is now in recess and will not return until April, when the issue can be taken up again.

San Francisco Voters Appear Tired of Drugs and Crime. A new poll conducted by the city Chamber of Commerce ahead of local election on March 5 finds strong voter support for a pair of measures aimed at increasing police powers and requiring that people seeking cash welfare be drug tested and pushed toward drug treatment.

The poll found that a solid majority -- 61 percent -- would vote yes on Prop. E, which would expand the police department's surveillance capabilities and allow for more vehicle pursuits. And Prop. F, which would require screening and treatment for single adults suspected of being addicted to illegal drugs as a condition of receiving cash assistance, garnered similar support, with 61 percent approving.

"I think voters in San Francisco are looking for solutions to address the problems they see in the city," said Ruth Bernstein, CEO of EMC Research, which conducted 500 interviews for the poll. "They are seeing concerns about crime. They are seeing a number of challenges in the city. And they are open and supportive of changes that are going to address some of those problems."

"I think it's obvious that people are reacting to the news and information to the ongoing flash mob crimes event and the problem of open drug sales in the Tenderloin and SoMa areas," said University of San Francisco politics professor James Taylor. "And this was predictable, that the public would act in that particular way. It would be surprising if the public opposed any of the reforms."

"I suspect it reflects frustration and anger," said Stanford professor Keith Humphreys, an expert on drug addiction, about the public's support. "We're not a city overrun by right-wing people. They've just come to the end of their rope."

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NH Marijuana Legalization Bill Advances, Zelensky Signs Ukraine MedMJ Bill, More... (2/15/24)

It's all marijuana policy today, from Madison and Phoenix to Bonn and Kyiv.

Marijuana Policy

Arizona Bill to Allow Interstate Marijuana Commerce Wins Committee Vote. The House Commerce Committee on Wednesday first rejected and then reconsidered and approved a bill to authorize interstate commerce in marijuana once federal policy changes, House Bill 2770. The measure originally failed on a 5-5 vote before later passing on a 6-4 vote.

"The reason I’m running this is because I’m a big believer in interstate commerce," said Rep. Justin Wilmeth (R), who chairs the committee. "And my understanding is, if we don't do something like this before the feds legalize it, then we would have to wait a year, maybe two years, for our statute to catch up to whatever the feds do."

"They could legalize it next week or in ten years. We really don't know. But the point of me running this bill this year, this moment, is to be prepared so that when it does come, we can go off to the races and our marijuana industry can be successful and beneficial in every way possible," the chairman said.

The bill must now be approved by the House Rules Committee before heading for a House floor vote.

Three West Coast states -- California, Oregon, and Washington -- have already adopted laws that allow their governors to agree to allow marijuana imports and exports between consenting jurisdictions. All three rely on changes in federal marijuana laws or policies to go into effect.

New Hampshire House Committee Approves Marijuana Legalization Bill. The House Commerce and Consumer Affairs Committee voted Wednesday to approve a marijuana legalization bill, House Bill 1633. The measure would put in place "procedures for the legalization, regulation, and taxation of cannabis" and "the licensing and regulation of cannabis establishments."

The bill easily passed out of committee on a 17-3 vote. It would legalize the possession of up to four ounces for people 21 and over but would only allow home cultivation for registered medical marijuana patients.

The bill provides municipalities with the opportunity to ban marijuana sales, but offers protections to users with language saying that the odor of cannabis or burnt cannabis, or the possession of a quantity of cannabis that the officer does not have probable cause to believe exceeds the possession limit of cannabis, shall not constitute in part or in whole probable cause or reasonable suspicion and shall not be used as a basis to support any stop or search of a person or motor vehicle."

The bill now heads to the House Finance Committee.

Medical Marijuana

Maryland Senate Committee Approves Bill to Protect Patients' Gun Rights Under State Law. The Senate Judicial Proceedings Committee on Wednesday unanimously approved a bill meant to protect medical marijuana patients' right to bear firearms under state law, Senate Bill 348.

The bill passed without debate, except from bill sponsor and committee chair Sen. Mike McKay (R), who noted that "we’ve passed the bill like probably five times" over recent sessions, though the measure has not yet been enacted into law.

The bill would protect the rights of registered medical cannabis patients to buy, own, and carry firearms under Maryland law, even though they are still restricted from doing so under federal statute.

The measure now heads for a Senate floor vote. Companion legislation in the House, House Bill 296, has yet to move in committee.

South Carolina Senate Approves Medical Marijuana Bill. The state Senate on Wednesday approved a medical marijuana bill from Sen. Tom Davis (R), Senate Bill 423. The final vote was 24-19 and came a day after the Senate gave it initial approval.

The Senate passed an earlier version of the bill in 2022, only to see it stalled in the House. This bill now goes to the House.

Davis said his goal had always been to "come up with the most conservative medical cannabis bill in the country that empowered doctors to help patients -- but at the same time tied itself to science, to addressing conditions for which there’s empirically based data saying that cannabis can be of medical benefit."

He added that he thought his bill "can actually be used by several states that maybe regret their decision to allow recreational use, or they may be looking to tighten up their medical laws so that it becomes something more stringent."

The bill would allow patients to obtain medical marijuana from licensed dispensaries if they have a doctor's recommendation for treatment of specified qualifying conditions as well as for terminal illnesses and chronic diseases where opioids are the standard of care.

Wisconsin Republican Medical Marijuana Effort Dead. Assembly Speaker Robin Vos (R) said Friday that the restrictive medical marijuana bill he was supporting is dead and that he is no longer willing to call a floor vote on it. He made the announcement after Senate Majority Leader Devin LeMahieu (R) had made clear that the bill was "a non-starter" for his caucus members.

LeMahieu said he and his members objected to the bill's adoption of state-run dispensaries. "Why would we let government grow the size of government?" he asked.

Vos had said last month he was unwilling to budge from his proposed bill, and now here we are.

"We see that the Senate wants to have a more liberal version than the one that we’re willing to pass," Vos said Thursday. He said he had the votes to pass the measure in the House but would not bring it up with no path to advance in the Senate.

International

German Marijuana Legalization Votes Coming Next Week. It's official: A bill to legalize marijuana is officially on the legislative agenda for next week, although it will take three more votes to get it done. The Bundestag's Finance Committee will vote next Wednesday, followed by the Health Committee and then the full chamber.

The announcement came after a hiccup forced two weeks ago by the Social Democratic Party, which resulted in the bill being slightly revised to expand monitoring and reporting requirements related to the black market.

The bill would allow for the possession and cultivation of small amounts of marijuana beginning in April and for social clubs that could distribute marijuana to members beginning in July. The bill does not include commercial sales, but officials are planning to introduce a bill to establish pilot programs for commercial sales in select cities at a later date.

Ukrainian President Signs Medical Marijuana Bill into Law. President Vladamir Zelensky on Tuesday signed a bill into law that legalizes medical marijuana in the country. The legislation allows the prescribing of marijuana-based medicines for various conditions including, pain, cancer, and PTSD.

The Health Ministry estimates that the number of people who could benefit from treatments for those conditions has "tripled" since Russia invaded the country two years ago.

While advocates had been pushing for medical marijuana for years, the war and associated mental health crisis heightened the urgency of getting it passed.

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IL Therapeutic Psilocybin Bills Filed, Boise Police Raid Harm Reduction Offices, More... (2/16/24)

Medical Marijuana

South Dakota: Lawmakers Roll Back Employment Protections for State-Registered Medical Marijuana Patients. House and Senate lawmakers have passed legislation, Senate Bill12, rolling back certain employment protections for state-authorized medica marijuana patients. The voter-approved 2020 initiative legalizing medical marijuana included those protections, but this bill would allow employers to either fire or refuse to hire patients for "safety-sensitive jobs" if they test positive for THC metabolites on a drug screen. The legislation also prohibits patients from suing an employer for wrongful termination if they fail an employer-mandated drug test.

Republic Gov. Kristi Noem is expected to sign the bill, affecting more than 8,500 South Dakotans who are registered with the state medical marijuana program.

Virginia Bill to Protect Medical Marijuana-Using State Employees Passes House. A bill that would allow public sector employees to use medical marijuana without losing their jobs, House Bill 149, extends to state public employees' rights that already exist in the private sector. The bill passed with bipartisan support on a 78-20 vote.

Bill sponsor Del. Dan Helmer (D-Fairfax County) sponsored legislation three years ago to protect medical patients, but that bill "unintentionally did not protect public-sector employees," Helmer said. "The key was we left our brave first responders out of this," Helmer said. "That was never our intent and so this bill is meant to fix that."

Similar legislation in the Senate, Senate Bill 391, introduced by Sen. Stella Pekarsky (D-Fairfax County), also offers protection to public sector employees, except for law enforcement officers. The bill passed the Senate with a 30-10 vote.

Now, those two bills will have to be reconciled.

Psychedelics

Illinois Therapeutic Psilocybin Bill Filed. State Sen. Senator Rachel Ventura (D-Joliet) filed legislation that would legalize psilocybin for adult-supervised use in a licensed service center. The legislation, Senate Bill 3695, known as the CURE ACT (Compassionate Use and Research of Entheogens Act), aims to tackle treatment-resistant conditions such as anxiety, depression, PTSD, substance abuse, eating disorders, and other mental health conditions. Additionally, it facilitates research into the safety and efficacy of psilocybin through medical, psychological, and scientific studies.

"As mental health concerns rise throughout our state and nation, it's imperative to acknowledge that conventional treatments don't always suffice," stated. Psilocybin shows promise as a potential solution, particularly for those grappling with PTSD and other mental health disorders. The ongoing research and trials have yielded encouraging results."

The FDA has labeled psilocybin twice as a "breakthrough therapy" for treatment-resistant depression, indicating federal acknowledgment of its therapeutic promise. In June, the agency released its inaugural guidelines for researchers keen on investigating its potential for medical applications.

Representative LaShawn Ford (D-Chicago) introduced comparable legislation in the House under House Bill 1. Ventura and Ford are collaborating closely to develop robust legislation.

"Prohibition has always been bad public policy and dangerous for public health," stated Ford. "I’m proud to work with Senator Ventura to pass a law to help veterans struggling with PTSD and others seeking therapy to help with life challenges."

Drug Policy

Arizona House Committee Approves Legislation Designating Mexican Cartels as Terrorist Organizations. The House Government Committee on Thursday approved legislation declaring cartels terrorist groups and demanding that the Department of Homeland Security "do everything in its authority to address threats posed by drug cartels," House Concurrent Resolution 2038.

"We can no longer ignore some of the serious threats we have to our safety, to our security," bill sponsor Rep. Steve Montenegro (R). "The federal government is clearly refusing to do its job to secure our borders -- to secure the safety of our citizens."

Every committee member voted in favor of the resolution. If it passes both the House and the Senate, it will bypass the governor’s office and go to Arizona voters on the next general election ballot.

Harm Reduction

Idaho Fentanyl Test Strip Bill Wins House Committee Vote. The House Health and Welfare Committee voted Thursday to approve a bill removing fentanyl test strips from the state's drug paraphernalia statute, House Bill 441, filed by Rep. Marco Erickson (R-Idaho Falls) and House Minority Leader Ilana Rubel (D-Boise).

"This will be just very helpful for people to be able to cheaply and easily make sure they aren’t being inadvertently poisoned by fentanyl," Rubel said.

Erickson, who has worked in drug treatment and prevention, said Idaho is one of six states where the testing strips are criminalized. And yet, fentanyl strips can be ordered online through websites like Amazon, he said.

Boise Police Raid Idaho Harm Reduction Offices. Boise Police raided the Idaho Harm Reduction Project’s Caldwell and Boise offices on Tuesday as part of an ongoing investigation into the distribution of drug paraphernalia, according to a department spokesperson. Police had a search warrant for items related to the use of methamphetamine, opioids, and crack cocaine.

"Items seized were limited to packaged drug paraphernalia and electronic devices related to the ongoing investigation," said Boise Police spokesperson Haley Kramer.

The Idaho Harm Reduction Project provides services like naloxone, needle exchange and disposal, and home HIV and Hep C testing kits. It has a contract with the state to distribute Narcan kits across the state.

The Idaho Harm Reduction Project has not commented.

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New York Approves Draft Home Grow Rules, Idaho Resorts to Fentanyl Mandatory Minimums, More... (2/20/24)

Marijuana Policy

New York Regulators Approve Marijuana Home Grow Rules, Issue New Business Licenses. State marijuana regulators last Friday gave initial approval to draft rules for home cultivation and issued more than a hundred marijuana licenses, including 38 retail licenses. The home grow rules have a 60-day public comment window before they go into effect.

Under the proposed rules, people 21 and over will be able to grow up to six mature and six immature plants per residence -- no matter the number of people residing there. They also allow home growers to possess up to five pounds of "cannabis flower that has been trimmed from plants, which have been cultivated in or on the grounds of said person’s private residence."

And licensed marijuana retailers will be allowed to start selling pot plants to customers.

Home grow was included in the state's 2021 legalization law, but regulators were given 18 months from the first legal sales to come up with the rules. Now they are on the brink of doing so.

Psychedelics

Alaska Senate Committee Approves Therapeutic Psilocybin Task Force Bill. The Senate Labor and Commerce Committee has approved a bill to create a task force to study the therapeutic uses of psilocybin, Senate Bill 166, but only after amending it to get more in line with companion legislation in the House, House Bill 228.

Senate bill sponsor Sen. Forrest Dunbar (D) said despite changes "the overriding purpose of the task force is still the same: We are preparing Alaska -- hopefully preparing -- for what we see as the very likely legalization, in the medical context, of certain of these substances. To make clear, this bill does not legalize anything. It does not advocate for legalizing anything," Dunbar said.

Instead, the task force would be charged with proposing a regulatory and licensing framework "in anticipation" of federal approval and rescheduling.

Hawaii House Committee Approves Therapeutic Psilocybin Bill That Would Protect Patients. The House Consumer Protection and Commerce Committee voted last Wednesday to approve a measure that would create an affirmative defense for psilocybin use if approved by a doctor and done with a trained facilitator, House Bill 2630.

Filed by Rep. Della Au Belatti (D), the bill would not legalize psilocybin. It advanced on a 7-0 vote, with five members absent.

The bill has already passed two other House committees and now heads to the House Finance Committee. If it passes there, it will go to a House floor vote.

Drug Policy

Idaho Senate Approves Bill with Mandatory Minimums for Fentanyl Possession and Trafficking. The Senate voted 28-7 to approve a bill creating mandatory minimum sentences for possession of not-so-large amounts of fentanyl and for trafficking the drug, House Bill 406. The measure has already passed the House and is now just a governor's signature from becoming law.

Under the bill, possession of more than four grams of fentanyl or a hundred pills would have a mandatory minimum three-year sentence. The law does not require proof of intent to distribute. Dealing fentanyl that resulted in an overdose death could garner a penalty of up to life in prison.

Senate Minority Leader Melissa Wintrow, D-Boise, said she worried the law would snatch up drug users, not big-time traffickers. "These kinds of laws are not getting the kingpins, they’re unintentionally getting the folks that are maybe addicts or are shuffling," she said. "And that's who gets in trouble, the people who aren’t as good at crime."

International

Honduran Troops Destroy Another Coca Plantation. The Honduran Public Ministry said last Friday it had incinerated three fields of coca plants near Iriona in Colón. The raid was undertaken by the Anti-Drug Trafficking Directorate and the Special Forces of the Honduran Armed Forces.

Authorities said they also found barrels full of coca leaves in "a rustic building where the leaves of the hallucinogen were supposedly processed." The Public Ministry said it was investigating who was responsible and "the alleged route they use to transport the base paste."

Indigenous to the Andean region of South America, the coca plant has been carried into Central America by drug traffickers seeking to shorten their supply chain. In recent years, authorities have begun to discover coca plantations and primitive facilities for processing the plant into cocaine.

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VA Lawmakers Seek MJ Sales Compromise, AR MedMJ Expansion Init Approved for Signature-Gathering, More... (2/21/24)

Marijuana Policy

Arizona Marijuana Interstate Commerce Bill Filed. The three West Coast legal marijuana states have already adopted bills into law that would allow for interstate commerce in marijuana with the removal of the threat of federal prosecution, and now Arizona could be the next to get onboard that train. Lawmakers there have filed a bill to allow pot grown in the state to be sold across state lines, House Bill 2770.

"What this measure is trying to do i… get Arizona to that point to where they can be at the start line so that when the feds wave the flag they can start competing and start selling immediately across state lines," said Rep. Justin Wilmeth (R), the bill's sponsor and chair of the state House Commerce Committee.

In 2019, Oregon became the first state to pass an interstate commerce bill, followed by California in 2022, and Washington last year.

Virginia Lawmakers Seek Compromise on Competing Marijuana Sales Bills. A House panel has put its consideration of a Senate-approved legal marijuana sales bill, Sen. Aaron Rouse's (D) Senate Bill 448, on hold after the sponsor of a competing House bill, House Bill 698, announced that backers of the two bills are now trying to reach a compromise.

"We're working with Sen. Rouse right now on coming up with a compromise retail cannabis bill," said Del. Paul Krizek (D), sponsor of HB 698 and the chair of the House General Laws Committee. "To that end, we would like to have a motion to pass by for the week."

Stakeholders will be meeting Thursday to discuss a compromise bill, which could be before a Senate panel by Friday and a House panel by early next week.

"What we want is consensus," he said. "We want to be all on the same page."

At this point, both houses have passed a marijuana sales bill and sent it to the other chamber. While broadly similar, there are differences over issues such as the timeline for licensing and when sales begin, social equity provisions, tax rates, and whether outdoor marijuana cultivation will be allowed.

"Certainly the idea here is we are negotiating to come up with a consensus bill that both the House and the Senate can approve and we can avoid going into conference," said Krizek. "The most important part for my caucus -- for the House caucus -- is going to be on making sure the bill recognizes the decades of harm done to African American communities by the so-called war on drugs. Sen. Rouse is working to achieve pretty much the same goals as we are, which is really to combat the illegal cannabis market," he said. "We're in a good place. We're working towards that consensus."

Medical Marijuana

Arkansas Attorney General Okays Medical Marijuana Expansion Initiative for Signature-Gathering. State Attorney General Tim Griffin (R) on Tuesday gave the official go-ahead for a medical marijuana initiative, the Arkansas Medical Marijuana Amendment of 2024, to begin signature-gathering in a bid to appear on the November ballot.

The measure would expand the state's existing medical marijuana program by allowing more healthcare providers to recommend the drug to patients and vastly expanding the number of conditions for which it could be used. It would also recognize patients from other states and make patient cards good for three years instead of the current one year. And it includes a provision that would legalize adult-use marijuana if federal pot prohibition ends.

Griffin rejected an earlier version of the initiative, saying there ambiguities and "misleading" language, but the initiative backers have now satisfied his concerns.

They have until July 5 to collect 90,704 valid voter signatures from registered voters to qualify for the November ballot.

Medical Marijuana

Nebraska Poll Has Support for Medical Marijuana at 70 Percent. A new poll from the Neilan Strategy Group has support for legalizing medical marijuana at 70 percent in the Cornhusker State. Nebraskans for Medical Marijuana, which has been trying for years to get a medical marijuana initiative on the ballot, is trying again this year.

"Nebraskans are clearly ready to legalize medical marijuana," said Perre Neilan of Neilan Strategy Group.

Crista Eggers of Nebraskans for Medical Marijuana said Monday the poll results are similar to what they've seen in recent years and is not surprised "whatsoever."

"Nebraskans are obviously ready to legalize medicinal cannabis," she said.

The group needs valid voter signatures from about 86,000 state voters and they need at least 5 percent of voters from 38 of the state's 93 counties. Eggers said Monday that they already had 32,000 signatures and have qualified in 24 counties already and that they are "much farther ahead" than in 2020 or 2022.

"We're very excited about where we're at," she said. "This time, we're going to get it done or it is not going to happen."

Harm Reduction

Idaho House Approves Bill to Legalize Fentanyl Test Strips. Just days after lawmakers attempted to address the state's fentanyl crisis by passing new mandatory minimum sentences for some fentanyl offenses, the House took another tack Wednesday: It approved a bill to legalize fentanyl test strips, House Bill 441.

The bill would legalize the strips by removing them from the state's definition of drug paraphernalia.

"Considering that there were 188 lives lost last year in Idaho to fentanyl, if we're able to mitigate just one of those with this product and allowing it to get across the board, we've done our job here in this Legislature," said bill cosponsor Rep. Marco Erickson (R-Idaho Falls).

The House vote was 69-0 with one absence. The bill now heads to the Senate.

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Job Corps Eases Rules for Marijuana, OR Dems Agree to Drug Possession Recrim, More... (2/22/24)

Marijuana Policy

Job Corps Loosens Marijuana Testing Rules. In a bid to include more youngsters in its national job-training program instead of excluding them, the Job Corps has amended its drug screening protocols for marijuana. The program, which aims to be drug- and alcohol-free, requires testing for all new and readmitted students.

Under the old policy, which did not automatically reject someone with a positive drug test, if someone tested positive they would have to enroll for prevention and education services and take a second drug test 40 days later. If they failed that second test, they would be dismissed.

Under the new policy, if someone tests positive for marijuana on that second test, they would not be dismissed if "there is at least a 50 percent reduction in THC levels." Positive test results that showed more than a 50 percent reduction "will be considered a negative test" and attributed "to drug use prior to enrollment. The student will stay in the program and receive relapse prevention services," Job Corps said.

"We believe our new policy will help us better meet students wherever they may be in their own journeys and provide them with the platform and opportunity to make a change in their lives," officials said. "This change has long been requested by students, staff, and parents," officials said. "We believe these changes will allow us to better serve as many students as we can, and it means our policy will now screen students into the program rather than out of it."

New Hampshire House Approves Marijuana Legalization Bill. The full House on Thursday gave its approval to a marijuana legalization bill, House Bill 1633 on a vote of 239-141. If it can get through the Senate, New Hampshire will join the rest of New England in having freed the weed.

But first, the bill must go back to the House Finance Committee before returning for a second and final floor vote.

The bill legalizes the possession of up to four ounces by adults and sets up a system of taxed and regulated marijuana commerce. It envisions up to 15 marijuana retail outlets.

In recent years, the House has repeatedly passed legalization bills only to see them die in the Senate. But the politics around the issue may have changed after Gov. Chris Sununu (R), who had long opposed legalization, reversed his position and said he supported a limited regulated market.

Medical Marijuana

Utah Bill That Would Defund Cities That Refuse to Recognize Medical Marijuana Advances. After voters approved medical marijuana in 2018, the legislature mandated that it be treated like any other prescription drug, even though it is a federally controlled substance. But some localities have refused to do so, and now powerful lawmakers have filed Senate Bill 233, which would deny some state funding to those localities.

Backed by Senate Minority Leader Luz Escamilla (D-Salt Lake City) and Senate Majority Leader Evan Vickers (R-Cedar City), who are in charge of medical marijuana legislation in the Senate, the bill has already passed the upper chamber and is now before the House Rules Committee.

Escamilla said some cities in the state have refused to recognize that medical marijuana is legitimate and have questioned municipal workers about whether they have patient cards and punishing those that do.

"At the end of the day they are in violation of state law," Sen. Escamilla said. "It's very clear you don't get to force people to tell you they’re using controlled substances as a prescription. This is a recommended, prescribed medication and they're treating them differently. That’s what we're trying to prevent."

But now the bill is facing opposition from the Utah Eagle Forum, a social conservative group, which charges that it would allow patients to work while impaired.

Escamilla rejected that argument, noting that there are provisions to deal with on-the-job impairment.

Drug Policy

Oregon Democratic Lawmakers Reach Deal to Recriminalize Drug Possession. Democrats, who hold power in the state legislature, announced Wednesday that they had agreed to create a new misdemeanor offense for drug possession. Drug possession was decriminalized in the state by voters in 2020, but pressure to revert has been rising against a background of rising overdose death tolls, rising homelessness, and public drug use.

The new misdemeanor for possession of small amounts of drugs carries a potential jail sentence of 30 days for probation violations, but arrestees would be given a chance to enter a "deflection" program consisting of inpatient or outpatient drug treatment to avoid jail.

The new misdemeanor language will be added to House Bill 4002, the vehicle lawmakers are using this session to address the fentanyl-fueled drug overdose and addiction crisis. Democrats say its purpose is to give drug users plenty of chances to go to treatment and recovery instead of jail.

"You're going to see, when all this stuff settles, that we have lived up to the promise that we said we were going to do at the very beginning, which is we are going to have a robust housing package," said Senate Majority Leader Kate Lieber, (D-Beaverton). "And we are going to put a robust package together to try to solve the addiction crisis, and you're going to see that those two packages are working, aligned, and robust."

Proponents of decriminalization and recovery advocates are not pleased.

"Time and time again, the lived experiences of people who would be most harmed by criminalization was ignored," Oregonians for Safety and Recovery, a coalition that includes the ACLU of Oregon, Drug Policy Alliance, and Health Justice Recovery Alliance, said in a statement. "Time and time again, the evidence that recriminalization of addiction is a failure has been ignored."

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Vets' Groups Urge Quick Marijuana Rescheduling, German Parliment Votes to Legalize Weed, More... (2/23/24)

Marijuana Policy

Veterans Groups Join Calls for Biden Administration to Reschedule Marijuana. A number of the country's largest veterans' groups have sent a letter to the Justice Department urging the Biden administration to "expeditiously" reschedule marijuana. The move comes six months after the Department of Health and Human Services (HHS) recommended that it be removed from Schedule I of the Controlled Substances Act.

"The men and women who served in the US Armed Forces often face difficult physical and mental challenges upon returning home," wrote the groups. "As such, we hope that in treating the wounds of war -- both visible and invisible -- that our servicemembers and veterans would have access to the widest array of possible treatments."

Signatories to the letter included the Iraq and Afghanistan Veterans of America, AMVETS, the American GI Forum, the American Legion, the Blinded Veterans Association, and the Minority Veterans of America.

President Biden ordered a review of federal marijuana policy in the fall of 2022, and now that HHS has acted, it is up to the Drug Enforcement Administration (DEA) to make a formal decision. That could be happening in the coming weeks.

"We understand that the administrative scheduling process involves several steps, but the sooner the DEA moves forward with a reclassification of cannabis, the sooner it could potentially be integrated into the [Veterans Health Administration] -- our nation's largest healthcare system," the veterans' groups wrote.

Virginia Compromise Bill on Marijuana Sales Wins House Committee Vote. The House General Laws Committee on Thursday gave its approval to a compromise bill that would legalize and regulate retail marijuana sales. The bill they passed is an amended version of Senate Bill 448, which was originally one of two competing bills that aimed to achieve that goal.

SB 448 was up against a separate House measure sponsored by Del. Paul Krizek (D), but the committee amended it in an effort to close the gap.

"After these bills passed their respective bodies," Krizek told the House General Laws Committee on Thursday, "Sen. Rouse and I went to work immediately with stakeholders to harmonize them. Fortunately, there was already many areas of agreement, such as public safety, public health, enforcement, local land use referendum and regulatory oversight. We took up three policy areas where the bills differed," Krizek continued. "Thanks to creative and diligent efforts, the bills are now aligned with respect to those issues, which were: one, timing for market for the market; two, the canopy size and how it’s characterized; and three, what we kind of call equity."

Krizek's bill, House Bill 698, is expected to go before the Senate Rehabilitation and Social Services Committee today, where members are believed to be ready to amend it to align it with SB 448.

International

German Parliament Approves Limited Marijuana Legalization. The Bundestag voted Friday to approve a measure legalizing marijuana possession and home cultivation, as well as social clubs or co-ops where members could share the fruits of harvests, but not commercial marijuana sales.

The "traffic light" coalition of Free Democrats, Greens, and Social Democrats overcame the objections of parliamentary conservatives and police, judges, and doctors' lobbies, and the measure passed on a vote of 407-226.

The measure does not need to be approved by the Bundesrat, parliament's upper chamber, but some states may challenge it, potentially leading to delays in implementation.

Under the bill, as of April 1, people 18 and over can possess up to 25 grams of weed in public and twice that at home, and they can grow up to three plants at home. For those who cannot grow their own, nonprofit "cannabis clubs" will begin to open this summer. Each club will be limited to 500 members.

Germany now becomes the largest country in Europe to embrace marijuana legalization and the third to do so, after Malta and Luxembourg.

Mexico Cartel Violence Leaves 17 Dead in Guerrero. According to local authorities, at least a dozen members of La Familia Michoacana were killed, dragged into a pile, and set afire by members of a regional drug gang known as Los Tlacos. At the same time, authorities reported five charred bodies in the town of Las Tunas.

"Following the release of videos on social media of an alleged confrontation between criminal groups [….] state police, forensic experts and members of the Mexican army visited Las Tunas to corroborate the facts," the Guerrero Attorney General's Office said. "There they found the calcinated bodies of five people."

But while the Attorney General's Office downplayed the death toll, Mexican news reports put the toll at 17 and said not all the bodies had been burned.

The clashes come days after Catholic bishops in the state said they had met with cartel faction leaders in a bid to reach a peace accord as fighting between rival drug gangs has forced thousands of rural residents in Guerrero and neighboring Michoacan to flee rural districts for large cities.

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