House Passes Bill With SAFE Banking, Psilocybin Rescheduling Petition Filed, More... (2/4/22)

A key Maryland legislator rolls out a marijuana legalization bill, the Utah legislature approves employment protections for medical marijuana cardholders, and more.

The ACLU and NAPW are sticking up for pregnant women subjected to non-consenual drug testing again. (Creative Commons)

House Passes Manufacturing, Technology Bill That Includes SAFE Banking Act. For the second time this session, the House has voted to include the SAFE Banking Act in a larger bill it passed. It passed earlier as part of a defense spending bill only to be stripped out by Senate leaders seeking instead to promote full-on marijuana legalization legislation. The House approved the America COMPETES Act, complete with the SAFE Banking Act amendment, Thursday night by a vote 222-210, mainly along party lines. The Senate has already passed its version of the America COMPETES Act, which does not include the SAFE Banking Act language. It will now be up to House and Senate negotiators to decide whether to include it in the final bill.

Maryland Marijuana Legalization Bill Filed. A key member of the legislature, House Judiciary Committee Chair Luke Clippinger (D-Baltimore) filed a marijuana legalization bill, House Bill 837, on Thursday. Under the bill, Marylanders could possess up to 1.5 ounces of marijuana for recreational use. The bill would also automatically expunge convictions for simple possession. The bill also creates a plan for implementation of legalization, which is seen as a bridge to the House, whose leaders support a voter referendum on the issue. "While I feel strongly that the voters should decide this issue, it is the General Assembly that is charged with making sure we have a legally defensible, equity-driven plan in place should they choose legalization," said House Speaker Adrienne A. Jones (D-Baltimore County).

Virginia Coalition to Oppose Legal Marijuana Commerce Emerges. The usual suspects are back. A group of parents, substance abuse professionals, and law enforcement have created a coalition to try to block the state from establishing a legal marketplace for marijuana, as envisioned under the marijuana legalization bill passed last year. The doomsayers are being joined by Project SAM, a group that consistently opposes marijuana legalization. The new coalition claims that allowing legal marijuana sales will endanger Virginians. Their efforts may gain some traction in the legislature, which is now controlled by Republicans, as opposed to last year, when the Democrat-controlled body approved legalization.

Medical Marijuana

Utah Legislature Approves Bill Affirming That Medical Marijuana Should Be Treated Like Any Other Prescription Drug. With a final vote in the House on Wednesday, the legislature has approved Senate Bill 46, which reaffirms that medical marijuana cardholders are entitled to protections from job actions related to their medical marijuana use. The bill came after the Utah Patients Coalition complained that some first responders were having problems with local governments for even having a medical marijuana card. It is now up to Governor Spencer Cox (R) to sign or veto the measure.

Psychedelics

Seattle Doctors Files DEA Petition to Reschedule Psilocybin for Medical Use. Dr. Sunil Aggarwal, a Seattle end-of-life care specialist, has filed a formal petition with the DEA seeking to remove psilocybin from Schedule I of the Controlled Substances Act. The petition asks the DEA to reschedule as a less-restricted Schedule II drug. The substance has a low potential for abuse and shows "exceptional promise in relieving debilitating symptoms in those with intractable and otherwise untreatable illness," including the severe anxiety and depression that can result from a terminal illness. "The original placement of psilocybin," the document says, "was the result of a substantial overestimation of the risk of harm and abuse potential, not rigorous science."

Joining the suit, attorneys general from eight US states and the District of Columbia filed a friend-of-the-court brief in support of the patients, noting the therapeutic potential of not only psilocybin but also other currently illegal drugs, including as MDMA. "Here, dying patients seek access to promising new treatments still in the investigative process -- access expressly permitted under both state and federal law -- to help them live in peace," the amicus brief said.

Utah Psychedelic Study Bill Wins House Committee Vote. The House Health and Human Services committee on Thursday approved House Bill 167, which would create a task force to study the therapeutic potential of psychedelic drugs and make recommendations for their lawful use. The measure passed on a 10-1 vote and now heads for a House floor vote.

Drug Testing

Groups File Human Rights Complaint on Behalf of New Mother Over Non-Consensual Drug Test and False Positive. National Advocates for Pregnant Women (NAPW) and the ACLU of Illinois filed a charge of discrimination against Saint Alexius Hospital last week with the Illinois Department of Human Rights over a non-consensual drug test of a first-time mother before she went into labor. The test came back positive because of an Easter cake made with poppy seeds that the mother ate before entering the hospital, leading to the hospital initially holding the newborn in the Newborn Intensive Care Unit and then requiring the family to have someone besides the mother with the child at all times for three months.

"Saint Alexius violated [this mother's] civil rights by subjecting her to a non consensual and medically unnecessary drug test," said Emma Roth, staff attorney at NAPW. "She will never be able to get back those precious first months with her baby. The fact that Ms. F. was reported on the basis of a false positive due to poppy seed consumption highlights the absurdity of Saint Alexius's non consensual testing and reporting practices. Yet routine drug testing and reporting of pregnant patients is never justified in light of the harmful consequences for families."