House Dems Reintroduce Weed Legalization Bill, San Francisco Mayor Wants Forced Treatment for Benefits, More... (9/22/23)

Wisconsin Democrats roll out a marijuana legalization bill, a Pennsylvania medical marijuana expansion bill passes the Senate, and more.

Marijuana Policy

House Democrats Reintroduce Comprehensive Marijuana Reform Legislation. House Judiciary Committee Ranking Member Jerrold Nadler (D-NY), along with Representatives Earl Blumenauer (D-OR), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX) and Nydia Velázquez (D-NY) have reintroduced the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 5601), one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.

Following efforts led by states across the nation, the MORE Act decriminalizes marijuana at the federal level. The bill also aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions. This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life. The MORE Act also ensures that all benefits in the law are available to juvenile offenders.

The bill:

• Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
• Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
• Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
  • The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, The Cannabis Opportunity Grant Program: youth recreation, mentoring, and substance use treatment.  
  • Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals
  • The Equitable Licensing Grant Program: Provides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
• Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
• Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
  • Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
  • Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
• Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry.

The MORE Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Leadership Conference on Civil and Human Rights, Drug Policy Alliance, NORML, Better Organizing to Win Legalization, and Minorities for Medical Marijuana, the Center for American Progress, and Students for Sensible Drug Policy.

Wisconsin Democrats File Marijuana Legalization Bill. State Sen. Melissa Agard and state Rep. Darrin B. Madison have introduced a marijuana legalization bill. This bill would allow Wisconsin to join thirty-eight states and the District of Columbia that have passed laws broadly legalizing cannabis in some form. Republican majorities in the legislature have blocked any progress on such bills in the past.

"I’ve said this time and time again – we know that the most dangerous thing about cannabis in Wisconsin is that it remains illegal," said Sen. Agard. "For the past decade, I have worked to undo Wisconsin’s antiquated and deeply unjust marijuana policies and put our state on a prosperous path forward.  

"Legalizing cannabis is a matter of public safety and racial justice here in Wisconsin," said Rep. Madison. "People in Wisconsin indulge in cannabis use and deserve the ability to buy safe cannabis and use it responsibly without being criminalized. According to the ACLU, Black people were 4.24 times more likely to be arrested than white people in Wisconsin during 2018. Similar disparities exist in convictions, leading to immeasurable harm to black communities in Wisconsin. The bill we’ve introduced today lays a solid foundation for those that have been harshly convicted for non-violent possession charges and the ramifications of those convictions." 

Under the proposal, adults in Wisconsin aged 21 and older could legally have marijuana in their possession. The measure would also lay the groundwork for a regulated cannabis market to launch in the state.

Medical Marijuana

Pennsylvania Senate Passes Bill to Expand Medical Marijuana Program. The Senate has approved a bill that would expand the state’s medical marijuana program by allowing growers to sell directly to patients despite ongoing federal cannabis prohibition. The bill was approved last Wednesday on a 44-3 vote.

Sen. Chris Gebhard and a bipartisan coalition of senators introduced Senate Bill 773  earlier this year. The current state medical law authorizes licenses for 25 businesses growing and processing medical marijuana, but only five of those licensees can sell directly to patients through vertically integrated dispensaries. SB773 would allow all medical marijuana growers and processes to sell directly to patients.

The bill now goes to the House, where it may become a vehicle for broader reforms, from allowing for patient home cultivation to converting the bill into a full-on legalization bill. But changes too profound could endanger an amended bill's prospects back in the Senate, which would have to address any changes.

"There will certainly be vigorous discussions there on what shape this bill will come back to the Senate in said Sen. Dan Laughlin (R). "If this becomes a vehicle for adult use, I doubt that it would pass this chamber. However, I think if they do add home-grown to this bill, it would strengthen the bill and I believe that we would be able to get it through this chamber as well."

Drug Policy

San Francisco Mayor Proposes Mandatory Drug Treatment for Cash Assistance Programs. Trying a new tack in the city's ongoing effort to get a grip on open air drug use and an overdose crisis, Mayor London Breed is now proposing that city residents with addiction issues who receive cash assistance be required to undergo drug treatment in order to keep receiving payments. The proposal would have to be approved by the Board of Supervisors.

Under the proposal, people who apply for County Adult Assistance Programs would have to undergo screening for substance use disorder and participate in a treatment program if they're found to have an addiction. People who refuse or who "do not successfully engage in treatment" would not be eligible for cash assistance.

"We fund a wide range of services, and we want to help people get the care they need but under current state law, local government lack tools to compel people into treatment," Breed said. "This initiative aims to create more accountability and help get people to accept the treatment and services they need."   

Some, but not all, supervisors are on board. Board President Aaron Peskin demurred, saying that Breed should focus on stopping dealers and open-air drug markets rather than "drug testing people on welfare."

"If she can't find the way to prevent several hundred brazen criminals from selling deadly drugs -- how does she think she will find the resources to drug test thousands of welfare recipients?" Peskin said

Drug Testing

Washington Department of Corrections Sued Over Faulty Drug Tests, Harsh Punishments. Columbia Legal Services (CLS) filed a class action complaint against the Washington State Department of Corrections (DOC), challenging the widespread practice of imposing harsh discipline on people in DOC facilities based on unreliable drug testing. People have faced months in solitary confinement, delays in release from prison, loss of visitation, and other cruel punishments after colorimetric tests have returned "presumptive" positive results on incoming mail and other possessions.

Clifton Bell, et al. v. Washington State Department of Corrections, filed in Thurston County Superior Court last Friday, alleges that DOC’s actions violate plaintiffs' rights under Washington State law and the Washington State Constitution.Plaintiff Gregory Hyde was placed in administrative segregation (another term for solitary confinement) for almost five months after a presumptive positive test result. The item that tested positive for drugs was a packet of crossword, word search, and Sudoku puzzle books sent by Mr. Hyde’s father and stepmother.

After facing months of irreversible disciplinary actions, DOC returned the books in question to Mr. Hyde with no explanation or expungement of the infraction. His father’s name remains on DOC’s records as having mailed drugs to the prison.

"I think DOC is using its power to punish people who can’t fight back," said Mr. Hyde."My elderly father just wanted to send me some puzzle books. Now they’re saying he’s a drug dealer. Now my father is too far away to see because I got transferred to a different facility. My father is impoverished and on a fixed income. I think it’s an abuse of power. I don’t think DOC should be doing this."

Manufactured by companies like DetectaChem and MMC International, the colorimetric tests (also called roadside tests or field tests) are designed to be initial screening testsand the manufacturers are clear that they require confirmatory testing to be valid. Similar test technologies have been found unlawful in many settings, including in other state prison systems. In 2021, a Massachusetts court forced that state’s DOC to stop using similar colorimetric tests from another manufacturer, with the court describing them as "only marginally better than a coin flip"at identifying drugs. The tests in that case were found to deliver false positives nearly 40 percent of the time.

International

Mexico's Sinaloa Cartel Lauded by Chiapas Townspeople for Rescuing Them from Jalisco New Generation Cartel. Townspeople in San Gregorio Chemic, Chiapas, near the Guatemalan border, cheered a 20-vehicle convoy of Sinaloa Cartel fighters as they paraded through the city after having driven out the rival Jalisco New Generation Cartel (JNGC).

JNGC fighters had seized the town and blocked the only highway access to it for nearly two weeks, killing and extorting local residents along the way. President Andres Manuel Lopez Obrador announced over the weekend that he was sending 800 National Guard troops to the area. He also implored local youth not to be seduced by the Sinaloa Cartel.

'It turns out that on the border with Guatemala, in Comalapa, towards Motozintla, there are organized crime groups that are fighting for the territory (Jalisco Nueva Generación Cartel and Sinaloa Cartel) to have spaces, to store drugs that enter from Central America, to have control of that territory and they will confront each other, fortunately there have not been many murders,' López Obrador said during his daily presser with the media.

A local Catholic priest said that local residents may have been intimidated into cheering on the Sinaloa Cartel. "Others will say that they have already allied themselves with drug traffickers. They line them up," he said. "It's not that they want to. There will be people who do it on their own, but people are being forced and that is not worth it. People are being forced to defend one cartel, to fight for another and they are being used as cannon fodder."