Jamaica to Allow Psilocybin Products in Pharmacies, AR MedMJ Init Gets More Signature-Gathering Time, More... (8/1/24)

Minnesota employers can now add oral fluid drug testing to their panoply of surveillance technologies, the Sentencing Project rips the Biden Administration fentanyl analog and xylazine scheduling proposal, and more.

Psilocybin-based products will soon be coming to a pharmacy near you--if you live in Jamaica. (Greenoid/Flickr)

Arkansas Medical Marijuana Expansion Initiative Campaign Gets 30 More Days to Gather Signatures. Backers of the Arkansas Medical Cannabis Amendment have 30 days to come up with more signatures after coming up short during the initial effort, Secretary of State John Thurston's (R) office said Wednesday. To appear on the November ballot, proposed constitutional amendments must come up with 90,704 valid voter signatures, and Arkansans for Patient Access has so far gathered only 77,000 valid signatures.

The proposed amendment would expand on a 2016 medical marijuana initiative approved by the voters. It would expand the range of health care professionals who could recommend medical marijuana, expand the definition of qualifying conditions, make medical marijuana ID cards good for three years and allow reciprocity for out-of-state cardholders, and allow patients to grow their own medicine -- up to 14 plants, seven of which could be mature.

The campaign was pleased with its initial effort.

"This strong show of support reflects Arkansans' enthusiasm for an amendment that will reduce barriers to accessing medical marijuana and lower the costs associated with obtaining and maintaining a medical marijuana card," Bill Paschall with Arkansans for Patient Access said in a statement.

Opiates and Opioids

The Sentencing Project Condemns White House Fentanyl Analogue and Xylazine Scheduling Proposal. On Wednesday, the White House released a statement and factsheet calling for all fentanyl-related substances (FRS) to be permanently placed on Schedule I of the Controlled Substances Act (CSA) and for xylazine to be placed on Schedule III of the CSA, among other proposals.

Currently, Congress has temporarily preemptively placed all fentanyl-related substances on Schedule I of CSA as a class -- even those that do not yet exist and with respect to whether they are harmful. Fentanyl-related substances are also criminalized via the Federal Analogue Act. Xylazine is a prescription drug widely used for veterinary purposes not currently subject to scheduling.

Liz Komar, Sentencing Reform Counsel with The Sentencing Project, released the following statement:

"The overdose crisis has claimed the lives of too many Americans, and our communities deserve solutions, not a repeat of the failures of the Drug War. If scheduling drugs more harshly and toughening penalties saved lives, the overdose crisis would be over."

"Instead, the Drug War has taught us that the burden of harsher drug sentencing laws will overwhelmingly fall on people struggling with substance use disorder, especially individuals living in poverty and communities of color. Subjecting more people to draconian mandatory minimum sentences fractures families rather than saves lives."

"Federal authorities already have powerful tools at their disposal to prosecute drug trafficking, including the Federal Analogue Act. Legislators have also offered more balanced options for addressing FRS, such as the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2023 (TEST Act -- S. 1950)."

The TEST Act would allow the Drug Enforcement Administration (DEA) to place new FRS in Schedule I for up to four years, during which time the Department of Justice (DOJ) and Health and Human Services (HHS) would have to conduct a scientific and medical evaluation of each substance and publicly report the finding.

"We urge Congress to remember that America cannot incarcerate its way out of a public health crisis. Communities deserve evidence-based solutions, not failed strategies from the past."

Drug Testing

Minnesota Employers Can Now Use Oral Fluid Drug Tests. As of August 1, employers in the state can use oral fluid drug testing in place of urine or hair testing. They detect very recent drug use, are easier to administer, and are difficult to tamper with.

The change results from a bill passed by lawmakers earlier this year. It does not mandate that employers use oral drug testing, only that they can.

"It's just opening the door," said Rep. Kelly Moller (DFL). "The state's not requiring any particular kind of company. It's my understanding there are a couple of different companies out there that offer these tests. So it'll be up to the employers," she said.

The bill on which the law is based originally would have allowed oral drug testing only during hiring but was amended to allow employers to use oral testing at any time.

The State Patrol is running a pilot program using oral fluid drug testing to check for roadside impairment, but that program is separate from the new law.

International

Jamaica Will Allow Pharmacy Sales of Psilocybin Products. A Jamaican psychedelic consumer goods company, PATOO, has announced that it has reached a partnership with the island's largest pharmacy chain, Fontana Pharmacy, so sell the first psilocybin-infused products in the national market. Psilocybin is the main psychedelic compound in magic mushrooms.

"Jamaica has evolved into a sanctuary for those pursuing inner healing, and we are honored to offer our meticulously crafted products as alternative plant-based remedies to consumers. We prioritize safety and quality, rigorously testing each batch to ensure the utmost standards," said Kevin Bourke, cofounder of PATOO.

PATOO will offer microdose capsules, handcrafted microdose honey, premium chocolate bars and vegan psilocybin gummies, all presented in childproof packaging.

Under Jamaica's regulatory model, such products can be purchased without a prescription, unlike Australia and Canada, which allow their use only with a prescription. The Jamaican government is actively promoting the country as a psychedelic research and development destination.