Are the police in this southern Oregon city protecting public safety, or chilling political expression?
A Georgia pharmacy challenges the DEA, and more.
A Virginia prosecutor turns pot peddler, an Illinois cop gets caught with weed, cash, and testosterone, and more.
The Illinois Supreme Court rules the odor of burnt weed is not probable cause to search a vehicle, Mexico's president says the US shares the blame for cartel violence in Sinaloa, and more.
New Hampshire lawmakers are already rolling out marijuana reform proposals for next year, peace has come -- at least for now -- to a troubled Colombian coca-producing province, and more.
The death toll keeps rising in Sinaloa Cartel factional fighting, Germany's move to legal marijuana commerce is increasingly in doubt, and more.
A pair of Democratic senators file a bill to keep fentanyl out of federal prisons, President Biden addresses the Global Coalition to Address Synthetic Drug Threats, and more.
Another bill aimed at combatting the fentanyl trade advances in the House, the Florida marijuana legalization initiative campaign is getting very spendy, and more.
Are the police in this southern Oregon city protecting public safety, or chilling political expression?
The Stabbin' Wagon's schedule.
An Oregon state law -- ORS 181A.250 -- prohibits police from collecting or maintaining information about the political, religious, or social views, and associations or activities of people who are not reasonably suspected of criminal activity. But in a lawsuit filed last month, the ACLU of Oregon accuses police in the Rogue Valley city of Medford of violating that law by conducting social media surveillance on various activists, including a harm reduction group and its locally high-profile founder.
That statute, enacted by the legislature in the 1980s, came in response to a history of state "law enforcement agencies using their power to monitor, silence and criminalize the protected speech of those whose views they disagree with or find distasteful, unorthodox, or politically inconvenient," the complaint said. That history goes at least as far back as the Portland Police Bureau's "Red Squad," which spent most of the 20th Century monitoring and targeting the constitutionally protected speech and protest activities of people and groups whose viewpoints challenged prevailing political and social norms.
Thanks to a public records request by the group Information for Public Use, the ACLU was able to find numerous records showing MPD employees engaging in monitoring the social media activity of the three plaintiffs. The plaintiffs are the Rogue Valley Pepper Shakers, a LGBTQ rights group loudly critical of police misconduct; the Stabbin' Wagon, a harm reduction outfit that has a history of recording conflicts with the MPD; and Stabbin' Wagon founder Melissa Jones, who "works to address racist and classist issues within the war on drugs by advocating for decriminalization, safe supply and safe consumption sites, and social justice work through an equity, equality, and abolition lens."
MPD wanted to keep an eye on these "troublemakers," but that is against state law, the complaint argues.
"Documents show the Medford Police Department has systematically violated ORS 181A.250 by targeting civilian activists, advocates, and grassroots organizations -- including Plaintiffs and like-minded people and groups throughout the Rogue Valley -- for covert surveillance and monitoring, outside of any criminal investigation, and based upon the content of their protected political activities," the complaint reads.
"Simply put, MPD is abusing its power to spy on activists whose views it dislikes -- and, not only that, building and maintaining files about such people and organizations without any justifiable law enforcement purpose, a blatant violation of Oregon law. The Court's intervention is necessary to declare MPD's surveillance activities unlawful and to put a stop to them -- once and for all."
The city of Medford and the MPD say they are not breaking the law. In a statement, Medford City Attorney Eric Mitton said police were not breaking the law because they were monitoring online activity for potential public safety concerns -- not to collect information on political views.
"Incidents at public events, such as the conflicts and traffic disruptions in Medford on June 1, 2020 [during George Floyd protests], exemplify why being prepared is essential," said Mitton. "[T]he City was able to reroute traffic and help mitigate conflicts between counter-protesters and protesters."
Medford Police Chief Justin Ivens said in a statement that his department upholds the constitutional rights of citizens.
"We use publicly accessible information to plan and staff events impacting public safety," said Ivens. "This ensures our ability to address potential safety concerns while safeguarding those exercising their constitutional right to free speech."
But the ACLU of Oregon wasn't buying it.
"These aren't public safety threats. People aren’t engaged in crime," said Kelly Simon, the group's legal director. "But the police are being distracted by useless information and that sort of waste of resources that detracts from real public safety concerns in the community… should concern everyone."
MPD's online surveillance can discourage protected political activity, she said.
"I think that's what makes this kind of invasive surveillance so chilling," said Simon. "[Y]ou don't know you're being followed or you're being watched or people are kind of infiltrating your group until you know. And then once you know, it's quite terrifying."
The lawsuit seeks an injunction to stop MPD monitoring of gay activists and the harm reductionists and "other relief as the Court deems just and proper."
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A Georgia pharmacy challenges the DEA, and more.
GeorgiaGeorgia Pharmacy Defies DEA, Begins Selling Medical Marijuana to Patients. Lawmakers passed a law under which pharmacies would sell medical marijuana to qualified patients, But the DEA then sent letters to dozens of state pharmacies warning them that dispensing medical marijuana would put them in violation of the Controlled Substances Act, which limits pharmacies licensed by the agency to only selling controlled substances in schedules I-V.
That warning largely put the kibosh on pharmacy medical marijuana sales -- until now. A drug store in Augusta, the Living Well Pharmacy, began selling medical marijuana to registered patients last month.
"It's a new frontier," said pharmacy owner Vic Johnson. "I really think pharmacies are an ideal outlet for dispensing medical cannabis, because if you come to my pharmacy already, we can talk about what medications you already are taking."
He also said that many patients are already taking highly addictive drugs, "and the quality of life that can happen when they come off those medications is just incredible."
Living Well sells products from Botanical Sciences, one of two licensed producers in the state. Botanical Sciences had been providing products to at least three pharmacies before the DEA warning letter last October scared them off.
"All DEA registrants, including DEA-registered pharmacies, are required to abide by all relevant federal laws and regulations," said the letter from Matthew J. Strait, a DEA deputy assistant administrator in the agency's Diversion Control Division. "A DEA-registered pharmacy may only dispense controlled substances in Schedules II-V of the Controlled Substances Act. Neither marijuana nor THC can lawfully be possessed, handled, or dispensed by any DEA-registered pharmacy."
What sanctions Johnson could face is unclear. DEA could revoke his license to dispense federally controlled substances, or he could face other civil or even criminal charges. He says he is considering relinquishing his DEA license, which would mean he could no longer sell other substances in Schedules II-V of the Controlled Substances Act (CSA), including painkillers, sleeping pills, and even some cough medicines.
Pennsylvania
Pittsburgh Bans Workplace Discrimination Against Medical Marijuana Patients. On Tuesday, the city council gave final approval to an ordinance that bars many employers in the city from discriminating against registered medical marijuana patients. The ordinance blocks employers from drug testing registered patients for THC during prior to and during employment and brings patients into the city's existing anti-discrimination code for workers -- with some exceptions.
Under the ordinance, city employers can no longer "discriminate in hiring or employment against any employee or prospective employee because of the individual's lawful status as a medical marijuana patient, including by requiring pre-employment testing for marijuana and such testing during employment as a condition of the employee's employment."
Among the exceptions, however, are workers in the state or federal transportation departments and those who carry firearms as part of their jobs. The ordinance also controversially carves out an exception for workers who are part of collective bargaining agreements.
Employers can still bar workers from using medical marijuana on the job and they can still test workers if there is a suspicion of onsite impairment.
"Gainful employment should be accessible to everyone regardless of the type of medical treatment they receive," said Commission on Human Relations Executive Director Rachel Shepherd. "Taking a prescribed medication for a qualifying disability should not diminish trust in a person's ability to be a reliable and productive employee, nor should it affect their ability to be considered in the hiring process."
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A Virginia prosecutor turns pot peddler, an Illinois cop gets caught with weed, cash, and testosterone, and more. Let's get to it:
In Springfield, Illinois, a former Springfield police officer was indicted on drug charges last week after a July 31 search of his home turned up three pounds of marijuana, multiple vials of testosterone, and $5,000 in cash. While marijuana is legal in limited amounts in the state, Clayton Hadley was indicted for possession of larger than legal amounts of marijuana as well as possession of testosterone. Hadley went down after police went to his home on a domestic disturbance call and found evidence of criminal activity. Hadley was placed on administrative leave on July 23 and resigned on August 2.
In Portsmouth, Virginia, a former prosecutor pleaded guilty Tuesday to federal marijuana charges. Former Portsmouth Assistant Commonwealth's Attorney Matthew Taylor Morris, who resigned upon being indicted in the case last week, was one of four people charged with selling large quantities of weed in Hampton Roads. One of the conspirators bought "wholesale quantities" of marijuana, THC vape pens, THC wax, and edibles outside the state and distributed them to the three others, including Morris, who sold 15 pounds a month, including to his legal clients. Morris also allowed his Virginia Beach law office to be used to store about a thousand pounds of weed and pot products and helped tote drugs in and out in duffel bags. Morris faces up to 10 years behind bars and a $500,000 fine when sentenced on January 22.
In New Haven, Connecticut, a former state prison guard was sentenced on September 13 to three years behind bars for smuggling drugs into the prison for an inmate on multiple occasions. Former guard Nicholas Kosa, 29, had pleaded guilty in June to one count of sale or possession with intent to sell a controlled substance. Kosa went down after the Department of Correction grew suspicious that he was carrying drugs into the New Haven Correctional Center. Investigators confronted Kosa at work and found 31 Suboxone strips and 3.7 grams of cocaine in his duffel bag. He also admitted bringing Suboxone to the jail for an inmate the previous week, too but claimed he was not seeking compensation for his deliveries.
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The Illinois Supreme Court rules the odor of burnt weed is not probable cause to search a vehicle, Mexico's president says the US shares the blame for cartel violence in Sinaloa, and more.
The odor of burnt marijuana is not sufficient probable cause to search a vehicle, the Illinois Supreme Court has ruled.
Illinois Supreme Court Rules Smell of Burnt Marijuana Not Probable Cuse for Vehicle Search. The state Supreme Court ruled Thursday that the smell of burnt marijuana alone does not give police probable cause to search a vehicle. The opinion, which cited recent changes in the state's marijuana laws (i.e. legalization), was unanimous.
The case arose from a 2020 traffic stop by a state police officer for an improperly secured license plate. The officer smelled burnt marijuana when the driver rolled down his window. The officer then searched the car and found a gram of weed in a plastic bag in the center console. The driver was charged with marijuana possession by a driver.
In the trial court, the officer testified that he searched the car because of the odor of burnt marijuana because Interstate 80 was "a known drug corridor," and because the driver admitted driving from Des Moines to Chicago -- cities that he described as "hubs of criminal activity."
The appeals court found the officer's probable cause explanation unpersuasive.
Under the state's marijuana legalization law, it is legal to possess marijuana in a vehicle if it is secured and inaccessible. No evidence was presented that the driver was smoking weed as he drove.
"We hold that the odor of burnt cannabis alone is insufficient to provide probable cause for police officers to perform a warrantless search of a vehicle," Neville wrote. "We also hold that the totality of the facts and circumstances known to [the officer] did not provide probable cause to search [the driver's] vehicle."
Medical Marijuana
Georgia Pharmacy Defies DEA, Begins Selling Medical Marijuana to Patients. Lawmakers passed a law under which pharmacies would sell medical marijuana to qualified patients, but the DEA then sent letters to dozens of state pharmacies warning them that dispensing medical marijuana would put them in violation of the Controlled Substances Act, which limits pharmacies licensed by the agency to only selling scheduled controlled substances.
That warning largely put the kibosh on pharmacy medical marijuana sales -- until now. A drug store in Augusta, the Living Well Pharmacy, began selling medical marijuana to registered patients last month.
"It's a new frontier," said pharmacy owner Vic Johnson. "I really think pharmacies are an ideal outlet for dispensing medical cannabis, because if you come to my pharmacy already, we can talk about what medications you already are taking."
He also said that many patients are already taking highly addictive drugs, "and the quality of life that can happen when they come off those medications is just incredible."
Living Well sells products from Botanical Sciences, one of two licensed producers in the state. Botanical Sciences had been providing products to at least three pharmacies before the DEA warning letter last October scared them off.
"All DEA registrants, including DEA-registered pharmacies, are required to abide by all relevant federal laws and regulations," said the letter from Matthew J. Strait, a DEA deputy assistant administrator in the agency's Diversion Control Division. "A DEA-registered pharmacy may only dispense controlled substances in Schedules II-V of the Controlled Substances Act. Neither marijuana nor THC can lawfully be possessed, handled, or dispensed by any DEA-registered pharmacy."
What sanctions Johnson could face is unclear. DEA could revoke his license to dispense federally controlled substances, or he could face other civil or even criminal charges. He says he is considering relinquishing his DEA license, which would mean he could no longer sell other substances in Schedules II-V of the Controlled Substances Act (CSA), including painkillers, sleeping pills, and even some cough medicines.
Drug Policy
Methadone Dispensing Will Be Eased Beginning Next Month. It is about to get much easier for people relying on methadone as an opioid maintenance medication under new rules set to go into effect October 2 -- except in states that have tighter restrictions.
For decades, most methadone patients had to line up at special clinics each day to sip their dose of the medication in liquid form while being observed by staff. The rules, created by the stigma surrounding addiction, were supposed to prevent overdoses and diversion but also made life more difficult for people using methadone.
During the COVID pandemic, however, those rules were loosened to allow patients to take their medicine at home, and later research showed the looser rules did not result in increased overdose deaths or diversion. And people stayed in treatment longer. The federal government approved permanently loosening those restrictions earlier this year.
That will happen in less than two weeks. Under the new rules, patients will be able to take home a 28-day supply of methadone. Many states are updating their regulations to comport with the new federal flexibility. Still, some, including West Virginia and Tennessee -- states with some of the nation's highest overdose death rates -- have not done so.
"Where you live matters," said University of Arizona researcher Beth Meyerson, who studies methadone policy.
International
Mexican President Says US Shares Blame for Cartel Violence in Sinaloa. Outgoing President Andres Manuel Lopez Obrador (AMLO), whose relationship with the US around drug policy has always been fraught, said Thursday that the US was partially to blame for the wave of violence sweeping the northwestern state of Sinaloa as Sinaloa Cartel factions battle each other.
There has been a power struggle within the cartel since Joaquin Guzman Lopez, the son of imprisoned cartel leader Joaquin "El Chapo" Guzman kidnapped cartel leader Ismael "El Mayo" Zambada and delivered him to waiting US authorities in Texas. Guzman also turned himself in to US authorities there. Now, "Los Chapitos" and "Los Mayos" are at each other's throats.
The state capital, Culiacan, has been the scene of shootouts and vehicle burnings, and the death toll in the clashes has risen to at least 30. Hundreds of Mexican police and soldiers have been deployed to the state.
At his morning briefing, a reporter asked if the US government was "jointly responsible" for the violence, and Lopez Obrador responded, "Yes, of course... for having carried out this operation."
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New Hampshire lawmakers are already rolling out marijuana reform proposals for next year, peace has come -- at least for now -- to a troubled Colombian coca-producing province, and more.
Harvesting coca crops in Colombia. The Segunda Marquetalia guerrilla faction has imposed peace in Narino. (DEAMuseam.net)
New Hampshire Lawmakers File Initial Proposals on Marijuana Legalization, Expungement. Granite State lawmakers have filed about 170 Legislative Service Requests (LSR), which are precursors to actual bills, including at least two dealing with marijuana reforms. Rep. Kevin Verville (R-Deerfield) has filed an LSR to legalize cannabis for people over 21 and Rep. Jonah Wheeler (D-Peterborough) has filed a proposal to help people clear their record of marijuana possession offenses.
The House and Senate do not convene until January, but lawmakers can submit their proposals months in advance. The LSR's have titles but no actual legislative wording.
Last session, the Senate approved a marijuana legalization bill only to see it narrowly defeated in a 178-173 vote in the House.
Psychedelics
DEA Calls for Increased Production of Some Psychedelics For Research. The DEA has issued new quotas for the production of Schedule I and Schedule II controlled substances for research purposes. The new quotas would increase the production of ibogaine, psilocybin, and psilocyn, but would maintain current levels for marijuana, THC, and MDMA.
The news came in a pair of notices the agency will publish in the Federal Register on Wednesday. They outline its Aggregate Production Quotas (APQs) for controlled substances that can be used in approved studies.
For marijuana, the quota sits at 6.675 million grams, the same as it has been since 2023. Ditto for DMT (11,000 grams), MDMA (12,000 grams), LSD (1,200 grams), and mescaline (1,200 grams), for example.
But for psilocybin, the quota rises from 20,000 grams last year to 30,000 this year, and for psilocyn, the quota rises from 24,000 grams to 26,000 grams. Ibogaine went from 150 grams to 210 grams.
"These proposed increases are to support research and clinical trials by DEA-registered schedule I researchers," the notice about the new 2024 revisions says, "These proposed increases demonstrate DEA's support for research with schedule I controlled substances. The proposed increases reflect research and development needs as part of the process for seeking the FDA approval of new drug products."
"DEA is proposing a higher APQ for ibogaine than DEA granted for 2024 to support manufacturing activities related to the increased level of research and clinical trials with this schedule I controlled substance," the 2025 notice says.
International
Colombia Dissident FARC Faction Consolidates Control over Key Coca Growing Area. Segunda Marquetalia, a dissident faction of the leftist FARC guerilla group that refused to lay down its arms after a 2016 peace accord with the government, has consolidated control over Narino, one of the country's key coca-producing regions.
The area had been among the most violent in the country, but now Segunda Marquetalia has imposed calm in the area roughly the size of Belgium which produces about 40 percent of the country's coca crop.
"The change has been spectacular, the groups have united, the violence has reduced considerably," said Jerson David, the president of a local association of subsistence farmers who work in the coca fields. "Here, people grow coca according to the rules of the Segunda Marquetalia," he added.
Up until 2016, the main body of the FARC dominated the region, but after it agreed to the peace accord, "there was a rush to occupy this space and Narino became a cauldron of violence and competition around drug trafficking," explained Elizabeth Dickinson, an analyst for the International Crisis Group (ICG).
Formed by the chief FARC peace negotiator, Luciano Morin (AKA Ivan Marquez), one of the group's commanders had links with Mexican cartels that provided the cash to recruit fighters from other regions.
"The Segunda Marquetalia, with that influx of money and fighters, swept through Narino with remarkable speed," in the last two years, she said, defeating another FARC dissident faction, the Central General Staff (EMC) last year.
More than 30 massacres have occurred in Narino since 2016 and more than 130 community leaders have been killed. But now, under Segunda Marquetalia, peace has come to the region.
"What interests them is local control to facilitate illegal economic activity. Rather than fighting the army, they want to control the population," said Dickinson.
Mexican Cartel Faction Fight Sees Rising Death Toll. The death toll in factional fighting within the Sinaloa Cartel has risen to 53, with another 51 people missing since clashes began on September 9.
The fighting pits factions led by Ismael "El Mayo" Zambada against "Los Chapitos," a faction controlled by the sons of cartel founder Joaquin "El Chapo" Guzman. "El Chapo" has been imprisoned in the US for several years, and "El Mayo" has been in US custody since July, when he was kidnapped and delivered to the US by one of "El Chapo's" sons, who also turned himself in.
For the past two weeks, life in the state capital, Culiacan, has been disrupted by shootouts, vehicle blockades, and school and business closings linked to the violence. And brutalized bodies appear on the streets and roadsides.
The Mexican government has deployed hundreds of soldiers and police to the state, and Gov. Ruben Rocha Moya said last Friday at least 40 people had been arrested. (Rocha's role in the imbroglio is mysterious. Zembrada was allegedly kidnapped at Rocha's mansion, where a political rival was also reportedly killed the same day.)
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The death toll keeps rising in Sinaloa Cartel factional fighting, Germany's move to legal marijuana commerce is increasingly in doubt, and more.
Pittsburgh. The city council has just approved an ordinance barring job discrimination against medical marijuana patients.
Medical Marijuana
Pittsburgh Bans Workplace Discrimination Against Medical Marijuana Patients. On Tuesday, the city council gave final approval to an ordinance that bars many employers in the city from discriminating against registered medical marijuana patients. The ordinance blocks employers from drug testing registered patients for THC during prior to and during employment and brings patients into the city's existing anti-discrimination code for workers -- with some exceptions.
Under the ordinance, city employers can no longer "discriminate in hiring or employment against any employee or prospective employee because of the individual's lawful status as a medical marijuana patient, including by requiring pre-employment testing for marijuana and such testing during employment as a condition of the employee's employment."
Among the exceptions, however, are workers in the state or federal transportation departments and those who carry firearms as part of their jobs. The ordinance also controversially carves out an exception for workers who are part of collective bargaining agreements.
Employers can still bar workers from using medical marijuana on the job and they can still test workers if there is a suspicion of onsite impairment.
"Gainful employment should be accessible to everyone regardless of the type of medical treatment they receive," said Commission on Human Relations Executive Director Rachel Shepherd. "Taking a prescribed medication for a qualifying disability should not diminish trust in a person's ability to be a reliable and productive employee, nor should it affect their ability to be considered in the hiring process."
International
Czech Justice Ministry Proposes Legalization of Home Marijuana Cultivation, Possession of up to 50 Grams. On Monday, the Justice Ministry released a draft marijuana reform proposal that would legalize the possession of up to 50 grams of weed at home and 25 grams outside the home, and allow for the home cultivation of up to three plants. There is no provision for legal marijuana commerce.
"The legalization only concerns growing and possession for one's own needs by people older than 21," the draft says.
Under the draft, possession of four or five plants or between 51 and 100 grams of marijuana would be a minor offense. In contrast, possession of a higher number of plants or a greater amount of marijuana would still be a crime.
The draft amendment must still be approved by the government and the parliament and signed into law by the president.
German Elections Throw Legal Marijuana Commerce Plan into Doubt. Key pilot programs for the legal sale of marijuana -- the so-called Pillar 2 of the country's move toward marijuana reform -- are in doubt after recent elections and amid concerns raised by the European Commission.
The current "traffic light coalition" government of Social Democrats, the Free Democratic Party, and the Greens has yet to pass the necessary legislation to secure Pillar 2's future. That bill was expected last summer but was delayed and was then expected in April but was again delayed.
The Federal Ministry of Health has yet to finalize the draft legislation, which has frustrated cities that are ready to participate in pilot sales projects. Wiesbaden recently announced plans to move ahead with model projects, while Bremen, Frankfurt, and Munich have also expressed interest.
Meanwhile, right-leaning political parties which have been ascendant in recent state elections, including the Christian Democrats, have been open about their intent to reverse marijuana reforms if they gain more power in pending federal elections.
The European Commission is also slow-walking its review of the law, which means a less marijuana-friendly could be in place before that review is done.
Mexico Sinaloa Cartel Civil War Death Toll Keeps Rising. At least 70 people have been killed in the past two weeks of open combat between rival factions of the Sinaloa Cartel -- that's another 20 dead since we reported yesterday. Another 51 have been reported missing.
The factional fighting follows the arrest of cartel leader Ismael "El Mayo" Zambada by US authorities after he was kidnapped and delivered to them by one of the sons of imprisoned cartel founder Joaquin "El Chapo" Guzman. Guzman's sons lead the other cartel faction, "Los Chapitos."
Clashes broke out in the state capital, Culiacan, on September 9, and shootouts continue to roil the city. Shops and restaurants have closed their doors early and some schools have stayed closed for days.
The Mexican government has sent hundreds of police and soldiers to the state and police have made 40 arrests, including the head of security for Ivan Archibaldo Guzman, head of "Los Chapitos." But the general in charge of the state says it is up to the factions -- not the army -- to end the violence.
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A pair of Democratic senators file a bill to keep fentanyl out of federal prisons, President Biden addresses the Global Coalition to Address Synthetic Drug Threats, and more.
At least 200,000 people were busted for pot last year. That's down from around 900,000 a year two decades ago. (Creative Commons)
Marijuana Policy
More Than 200,000 Arrested for Marijuana Last Year, FBI Reports. The latest FBI data shows that at least 200,000 people were arrested on marijuana charges in 2023, with, as usual, simple possession accounting for the vast majority of the cases. However given inconsistencies in the federal data and questions about the agency's methodology, these figures probably understate the actual number of arrests.
According to NORML, marijuana arrests spiked in the late 1960s and early 1970s to nearly 500,000 per year, then declined to about 300,000 a year in the mid-1990s before climbing dramatically in the late 1990s and early 2000s, peaking at about 900,000 a year in 2006.
The decline in arrests is attributable to marijuana decriminalization and legalization. Marijuana is now legal in 24 states, three US territories, and the District of Columbia. It is decriminalized in seven other states, Medical marijuana is now legal in 38 states, and 10 more states have laws allowing access to low-THC CBD products.
The FBI also reported a total of 879,000 "drug/narcotic" arrests in one spot, but in a breakdown by region reported 742,000, and in a report on historical trends, put the number at 635,000.
The FBI said marijuana accounted for 23 percent of all drug arrests, but that only two percent of marijuana arrests were for selling or growing marijuana.
The FBI data showed continuing racial disparities in drug arrests. Black people account for 13.6 percent of the US population but made up 29 percent of drug arrests last year.
California Emergency Ban on Hemp THC Products Goes into Effect. The state Office of Administrative Law on Monday approved Gov. Gavin Newsom's emergency ban on all hemp THC products, shutting down a thriving product category within the state's struggling legal marijuana market. In its order, the office said the emergency rules are "deemed to be an emergency."
The ban bars retailers from selling products such as drinks made with hemp THC, as well as medicinal products made with CBD from hemp.
Newsom said the ban was necessary because law rules have allowed minors to get access to intoxicating products. Earlier this month, he filed the emergency rules to ban the products.
Both the hemp industry and the medical marijuana community are displeased with the move. The hemp ban has reportedly caused "panic buying" of thousands of dollars worth of hemp before the rules went into effect. Some medical marijuana practitioners have warned that the ban could leave patients sick or even dead if they cannot get the hemp THC. The US Hemp Roundtable said earlier this month it would sue to end the ban if it went into effect.
Drug Policy
Pair of Senate Democrats File Bill to Keep Fentanyl Out of Prisons. Sens. Martin Heinrich (D-NM) and Bob Casey (D-PA) have introduced legislation "to protect prison officers, staff, and inmates from fentanyl and other illicit substances entering the Federal Prison System through inmate mail," according to a joint press release.
The Interdiction of Fentanyl at Federal Prisons Act would protect officers, staff, and inmates by requiring the Bureau of Prisons (BOP) to develop a strategy to intercept and interdict illicit substances, including fentanyl, mailed to federal correctional facilities. It would also require BOP to "acquire and deploy equipment and technology to achieve 100 percent scanning capacity of postal and legal mail arriving at federal correctional facilities."
Under the bill, prisoners would receive digital copies of mail addressed to them, and contraband-free mail would be delivered once screened.
The senators said at least one BOP employee had died after being exposed to fentanyl arriving in the mail and that others had been injured.
The bill is endorsed by several law enforcement and related entities, including the Fraternal Order of Police (FOP), R Street Institute, National Association of Police Organizations, National District Attorneys Associations, Community Anti-Drug Coalitions of America, and Voices of JOE ("dedicated to all fallen law enforcement officers").
President Biden Addresses Global Coalition to Address Synthetic Drug Threats. During the meeting of the UN General Assembly in New York this week, President Joe Biden spoke to the Global Coalition to Address Synthetic Drug Threats, a grouping of 150 nations created by the Biden administration as part of its fight against fentanyl.
After relating the story of a family who lost a young daughter to a fentanyl overdose, Biden warned that "Opioids are the deadliest drug threat in our history. I've been working on drug control for a long, long time -- since the days I was a senator, but this is the deadliest of them all."
He then pointed to efforts his administration has undertaken to address the problem, including the expansion of naloxone access, the allocation of $80 billion across the 50 states to expand access to treatment and support, an executive order aimed at cartel leader finances, and the deployment of advanced scanning machines at ports of entry. Because, he said, "this is a national security threat."
But he also said he sees it as an international threat and pointed to actions on that front as well: "We established the Trilateral Fentanyl Committee with Canada and Mexico to stop narcotics from crossing our border," he said. "I reignited counternarcotics cooperation with China to increase law enforcement cooperation and tackle the supply chains of precursor chemicals and pill presses. And I directed my team to build this coalition -- this Global Coalition to Address Synthetic Drugs."
He pointed to increased fentanyl seizures and the arrests of "dozens of major cartel leaders" as signs of progress, and proudly announced that "for the first time in five years, overdose deaths are actually coming down across America. The latest data shows a ten percent drop. That's the largest decrease on record."
Biden called for continued struggle on the fentanyl front: "Folks, this matters. These aren't just facts and figures. They're families -- families who don't have to bear the loss of a child, a parent, a spouse -- families who are kept whole. But there are too many that are still dying. There's so much more that needs to be done. So, my message today is very simple: We can't let up. We cannot let up."
He called on the group's member nations to do all they can "to seize more drugs, stop more cartels, save more lives."
He did not mention the idea of using alternatives for controlling drugs like fentanyl through regulating rather than strictly prohibiting opioid sales and manufacture.
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Another bill aimed at combatting the fentanyl trade advances in the House, the Florida marijuana legalization initiative campaign is getting very spendy, and more.
Poppy seed bagels play a role in a New Jersey lawsuit against a healthcare provider that drug tested pregnant women without their consent. (Pixabay)
Marijuana Policy
Hemp Companies Sue California over Hemp Product Ban. An emergency ban on intoxicating hemp products that won official approval on Monday was met with a lawsuit from hemp industry players on Tuesday. The lawsuit claims that Gov. Gavin Newsom's (D) emergency declaration was faulty and blames state officials for failing to effectively implement regulatory legislation for hemp passed in 2021.
The emergency ban prohibits the sale of hemp products with "any detectable amount of THC," limits hemp products that do not contain THC to five servings per package, and limits the sales of those products to people 21 and over.
The trade industry group the US Hemp Roundtable and a handful of hemp businesses, including Cheech and Chong's Cannabis Company filed the lawsuit. It charges that regulators' "inaction over the last three years hardly serves as a sufficient basis for declaring a sudden emergency and circumventing the meticulous procedures of regular rulemaking."
Plaintiffs argued that a "draconian" regulation to ban any hemp product with detectable THC "goes far beyond the limits" of state law and "will essentially devastate an emerging industry that consists largely of small business owners. It's akin to requiring candy to stop containing sugar… starting tomorrow.
"Whatever the merits of the general issues addressed by these emergency regulations, the Department has acted entirely outside the boundaries of California’s applicable law to adopt and issue them," the suit says. "Plaintiffs and their members will suffer losses in the millions of dollars over existing products, pending manufacturing, and future sales of hemp and hemp products that legally contained THC, as per existing California and federal law, but have now been banned overnight by the emergency regulations."
The ban "will eliminate nearly every ingestible hemp product currently for sale in California, including the vast majority of non-intoxicating products, and even though some products subject to the emergency regulations are not sold in California," the complaint continued. "Many small businesses will have to close operations immediately with millions in losses."
But Gov. Newsom pointed a finger right back at the industry. Standing before a display of hemp products containing THC that were being sold in gas stations, convenience stores, and other outlets, he defended the emergency ban.
"It's a disgrace and it's a shame and the industry bears full responsibility for not policing itself, for the proliferation of these intoxicating products that are hurting our children."
On this issue, Newsom has the support of the California Department of Public Health (CDPH) and marijuana regulators at the Department of Cannabis Control (DCC). They're also backed by the California Cannabis Industry Association, which represents mostly marijuana businesses, and by an alcohol trade group.
Florida Marijuana Legalization Backers Have Pumped More Than $100 Million into the Amendment 3 Campaign. The campaign to legalize marijuana via the Amendment 3 ballot initiative has seen corporate backers with dollar signs in their eyes pump more than $100 million into the effort. One of the nation's largest marijuana multistate operators, Trulieve, has kicked in $93 million, while another, Curaleaf Holdings, has accounted for most of the rest.
Trulieve, which operates 155 of the 627 licensed medical marijuana dispensaries in the state, stands to benefit financially from the initiative, which gives existing dispensary operators a head start on recreational marijuana sales.
Under the initiative, which needs 60 percent of the vote to be approved, existing dispensaries would be allowed to sell recreational marijuana beginning in May 2025, while new potential competitors in the adult-use market would have to wait for licensing to happen before they could enter the marketplace.
The business-friendly initiative would legalize the possession of up to three ounces but would not allow for home cultivation. It also does not contain any social equity provisions.
Drug Policy
Federal Bill to Combat Fentanyl Traffic Wins House Committee Vote. The House Homeland Security Committee has unanimously approved a bill aimed at the cross-border traffic in fentanyl, the Contraband Awareness Technology Catches Harmful (CATCH) Fentanyl Act (HR 9722).
The bill would create a pilot program using next-generation technology at border checkpoints aimed at stopping drug trafficking and making commercial trade more efficient. It would allow the Department of Homeland Security (DHS) and the US Customs and Border Protection (CBP) to use Non-Intrusive Inspection (NII) technology to screen and detect drugs, currency, illegal contraband, and people being smuggled into the country.
The bill was sponsored by Rep. Clay Higgins (R-LA), most recently in the news for a now-deleted post on X invoking racist tropes against Haitian immigrants. In between hyper-partisan attacks on the Biden administration, Higgins stated, "This common-sense legislation gives CBP the technology necessary to streamline legitimate commercial transit while enhancing narcotics detection."
Drug Testing
New Jersey Sues Health Care Chain for Drug Testing Pregnant Women Without Their Consent. The state Attorney General's Office and the Division of Civil Rights have filed a lawsuit against a South Jersey healthcare operator that charges that its drug testing policy unfairly targets pregnant women.
"In parts of our country, the rights of pregnant individuals are being eroded. This action illustrates our commitment to ensuring that doesn't happen in New Jersey," said Attorney General Platkin in a press release. "Whether it means preserving the right to reproductive freedom or ensuring that a pregnant person doesn't undergo tests or procedures without their knowledge and consent, we will defend our residents' rights."
The complaint says that two pregnant women faced months-long child abuse investigations after Virtua Health subjected them to urine tests without their consent and the tests incorrectly indicated recent drug use.
Both patients had assumed they were being tested for protein levels to rule out a pregnancy complication called preeclampsia. They were not told they were being tested for drug use, and both had eaten foods containing poppy seeds before being tested. Poppy seeds can set off false positive test results for opioids.
The lawsuit accuses Virtua Health of regularly failing to get informed consent for drug testing, which exposes pregnant patients to "significant harm."
Virtua said it would not comment on pending legal matters but that it remains "steadfast in continuing to create safe" maternity experiences.
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