DE Marijuana Legalization Advances in House, AL Fentanyl Test Strip Bill Nears Final Vote, More... (2/22/22)

Bills to end civil asset forfeiture and block "equitable sharing" with the feds are filed in Tennessee, a Delaware marijuana legalization bill advances, and more.

Trucker shortage? 60,000 are sidelined because of testing positive for marijuana. (Creative Commons)
Marijuana Policy

Delaware Marijuana Legalization Bill Advances in House. The House Appropriations Committee last Thursday quietly advanced a marijuana legalization bill, House Bill 305. The committee "walked the bill," which allows the bill to advance without a public hearing. The bill has already been approved by the House Health and Human Services Committee. The bill now heads for a House floor vote. The last time a legalization bill got that far, back in 2018, it lost on the House floor by four votes. HB305 would allow legal personal possession of 1 ounce of marijuana for adults ages 21 or older and set up a framework for its taxation and sale. It allocates 30 retail sale licenses, 30 manufacturing licenses, 60 cultivation licenses and five testing licenses to be issued within 16 months of the bill's approval.

Opiates and Opioids

Alabama Bill to Legalize Fentanyl Test Strips Faces Final House Vote. A bill that would legalize fentanyl test strips, Senate Bill 168, has passed the Senate and two House committee votes and now heads for a House floor vote. The bill aims to address the state's opioid overdose crisis by allowing users to test their substances for the presence of the powerful opioid.

Asset Forfeiture

Tennessee Bills Would End Civil Asset Forfeiture, Opt State Out of Federal Program. A pair of Republican lawmakers have introduced companion bills aimed at ending civil asset forfeiture in the state and blocking state law enforcement from evading the law by handing cases off to the federal government under what is known as the "equitable sharing" program. Rep. Jerry Sexton (R) introduced House Bill 2525 and Sen. John Stevens (R) introduced the companion, Senate Bill 2545 earlier this month.

The opt-out from "equitable sharing" is particularly important given that a policy directive issued in July 2017 by then-Attorney General Jeff Sessions greenlighting the practice remains in effect. The language in the bill on "equitable sharing" is quite direct: "A state or local law enforcement agency shall not transfer or offer for adoption property, seized under state law, to a federal agency for the purpose of forfeiture under the federal Controlled Substances Act, Public Law 91-513-Oct. 27, 1970, or other federal law." The bills are now in committee in their respective houses.

Drug Testing

Expert Blames Marijuana Testing for Drug Drivers as Leading Cause of Driver Shortage. Chris Harvey, the head of equity strategy at Wells Fargo, is blaming drug testing for making a major contribution to the truckdriver shortage that is causing problems in the supply chain and contributing to rising prices. "It's really about drug testing," Harvey said, speaking at an industry conference last week. "We've legalized marijuana in some states but, obviously, not all... What we've done is we're excluding a significant portion of that trucker industry."

More than 60,000 truckers have been sidelined for testing positive for marijuana as of December under industry drug testing policies that have become stricter even as marijuana is broadly legalized. Under a 2020 law, all truck drivers who have failed a drug test must be listed in a federal database to block them from being hired by other companies. Some 110,000 truckers have tested positive, with 56 percent of them for marijuana use. There is currently a shortage of about 80,000 truckers.

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