A Colorado safe injection site bill gets pulled in the face of a gubernatorial veto threat, the New York Senate attempts to address issues hampering the rollout of the legal marijuana industry, and more.

Marijuana Policy

Late Polls Say Ohio Marijuana Legalization Initiative Poised to Pass Next Week. The Issue 2 marijuana legalization initiative is set to pass on Election Day next Tuesday if two recent polls are to be believed. A poll from Ohio Northern University has just under two-thirds support for legalization, while a Public Policy Polling survey has support at 59 percent.

The measure would allow adults to grow their own crop at home or resort to licensed market for the sale of marijuana products. But because it is a statutory question rather than a constitutional amendment, the legislature could attempt to amend it after it passes.

Early voting has been going on since October 23, and voter turnout is already well above normal levels. That is because even though this is an off-year election, not only marijuana legalization but also abortion rights is on the ballot. Both issues are generating enthusiastic support.

New York Senate Seeks Solutions to Marijuana Industry Hurdles. The state Senate Subcommittee on Cannabis held its first public hearing Monday as it looks to address complaints over consumer accessibility and licensing hurdles in the struggling nascent legal industry.

Sen. Jeremy Cooney (D) said that many of his constituents have been frustrated by the challenges of trying to get licensed and say they are drowning in a sea of red tape. The first licenses were issued last year, but the legal industry remains challenged by unlicensed operators and the number of legal retail outlets remains relatively small.

The state Office of Cannabis Management acknowledged those frustrations. "While we see clearly what New York cannabis will be, we have a long way to go before we say that the supply chain is functioning as intended," said Chris Alexander, head of the agency. "Small farmers are struggling and we need more retail shelves for their product. We are working to make that a reality and are committed to providing stability to a more volatile industry."

Harm Reduction

White House Calls on All Schools to Carry Opiate Overdose Reversal Drug. The Department of Education has sent a letter to every state education agency, intergovernmental groups, and local, state, and national education associations urging schools to "focus on measures to prevent youth drug use and ensure that every school has naloxone and has prepared its students and faculty to use it."

"Our schools are on the frontlines of this epidemic, but our teachers and students can be equipped with tools to save lives," Education Secretary Miguel Cardona, and White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) director Rahul Gupta wrote in the letter.

"Overdose deaths among adolescents doubled from 2019 to 2020 and continue to rise, even though youth rates of drug use have remained stagnant. That's because a teenager today can log onto social media with a smartphone and buy what they think is an opioid pain medicine or a prescription stimulant to help them study -- and instead die from one pill that actually has fentanyl in it. Just one pill," the letter said.

"And data show that two-thirds of adolescent drug poisoning deaths occurred with a potential bystander nearby, but naloxone was often not administered," it added, citing a recent study that found that among persons aged 14-18 years, overdose deaths increased 94% from 2019 to 2020 and 20% from 2020 to 2021.

The study also found that the median monthly overdose deaths among persons between 10 and 19 years old increased 109% from July-December 2019 to July-December 2021.

Colorado Safe Injection Site Bill Pulled in Face of Governor's Veto Threat. The legislature's Opioid and Other Substance Use Disorders Study Committee on Monday approved a slew of drug policy reforms to be considered during next year's legislative session but dropped plans to include approving safe injection sites in the face of a veto threat from Gov. Jared Polis (D).

Committee Chair Rep. Chris deGruy Kennedy said Polis' office issued the veto threat on the bill last week, three days before the committee was set to meet for a final time. Polis' office also called Sen. Kyle Mullica, a swing vote on the supervised use issue who had worked with deGruy Kennedy throughout the summer on a compromise.

The committee draft would have given the state oversight over safe injection sites and would have required local government approval before sites could open in any given jurisdiction. Mullica and one other Democrat joined with four Republicans on the committee to kill the measure.

"This isn't really a resource question with this bill," said deGruy Kennedy. "This is giving permission for an organization that's ready to do this, to go do it. And I'm incredibly disappointed that it's not going to be moving forward today… Here's to saving more lives next year."

But the committee approved four other drug reform measures aimed at preventing overdoses and improving drug treatment options statewide. The bills would ease access to opioid treatment medications, expand a proven meth treatment, increase fundings for health in prisons and jails, and broaden immunity for organizations that work with drug users. But they have to get through the legislature next year.

A MAGA marijuana legalization bill gets refiled, German parliamentarians finally get around to debating marijuana legalization, and more.

Marijuana Policy

Bipartisan Marijuana Legalization Bill Refiled in Congress. A bipartisan marijuana legalization bill first filed in 2021 by Rep. Nancy Mace (R-SC) that served as an alternative to a Democratic-led marijuana legalization bill that has twice passed the House has now been refiled. The first time around, Mace's bill, the States Reform Act, had only GOP support, but this time, a handful of Republicans and Democrats have already signed on.

Mace said she had secured a commitment from then Speaker-to-be Kevin McCarthy (R-CA) to hold a committee markup on her bill in return for her vote to raise the debt ceiling and cut certain federal programs. But Mace then became one of eight House Republicans to vote against keeping McCarthy is the leadership, his departure in turn endangering the prospects for any further progress on marijuana legalization after McCarthy was eventually replaced by anti-weed Rep. Michael Johnson (R-LA) as House Speaker.

The text of the new version of the bill is not yet available and it is not clear what changes -- if any -- have been made, but the original bill would have ended federal pot prohibition and, in a bid to win bipartisan support, incorporated equity provisions such as expungements for people with non-violent pot convictions and the imposition of an excise tax that would have supported community reinvestment, law enforcement, and Small Business Administration (SBA) activities.

The bill is primarily aimed at having the federal government treat marijuana in a similar manner to alcohol. Cannabis would be removed from the Controlled Substances Act (CSA), with retroactive effects for people previously punished.

Cosponsors of this year's bill include Rep. Tom McClintock (R-CA) and Rep. Matt Gaetz (R-FL), as well as Democrat Rep. Dean Phillips (D-MN) and Rep. David Trone (D-MD).

New Hampshire Legislative Panel Discusses Marijuana Legalization Recommendations. A bill signed into law in August established the Commission to Study With the Purpose of Proposing Legalization, State Controlled Sales of Cannabis and Cannabis Products with the intention of presenting draft state liquor store marijuana legalization bill recommendations by December 1. The commission has been busy, holding five meetings already, with one more set for early November.

"New Hampshire has an opportunity to safely regulate the sale of marijuana with a model few others can provide," said Gov. John Sununu (R) as he signed the bill. "By establishing a commission to study state-controlled sales, this bill will bring stakeholders from across New Hampshire together to ensure that preventing negative impacts upon kids remains our number one priority."

"We're not here to discuss legalization, we're here to discuss how to put a bill forward that would do legalization, but do it in the matter that is most protective of our citizens and our regulations," said Sen. Timothy Lang. "The charge of the commission is to put the best bill forward possible if legalization were to happen in a state-controlled model."

Look for the state legislature and the governor to advance a state liquor store-model bill before the year's end and to try to get it passed next year.

Opiates

Sen. Maggie Hassan Uses International Narcotics Control Hearing to Question Officials Over the Opioid Precursor Pipeline. Sen. Maggie Hassan (D-NH) questioned officials from the Department of State, Drug Enforcement Administration (DEA), Department of Justice, and the Department of Homeland Security during a Senate Caucus on International Narcotics Control hearing about how US agencies can use international partnerships to address the precursor chemical pipeline that cartels are using to produce fentanyl and other illicit synthetic drugs. Senator Hassan discussed her recent trip to China as part of a bipartisan Congressional Delegation, and how the U.S. can build on the conversations that they had in order to continue pushing Chinese President Xi Jinping and Chinese officials to limit the export of precursor chemicals.

First, Sen. questioned Maggie Nardi, the Acting Deputy Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs at the Department of State: "I was on a recent bipartisan congressional delegation trip to China where we met with a number of senior leaders. I pressed Chinese President Xi to crack down on the illicit trafficking of fentanyl precursors that are made in China and as you all have outlined, sold to cartels in Mexico… President Xi indicated that he might be willing to take action on this, he said he would look into appointing senior leadership to start communication with us and we obviously now have to hold him to this. What steps will the State Department take, can it take to proactively engage with its Chinese counterparts to push China more to address the development and sale of fentanyl precursors, and what specific goals or benchmarks will the State Department set to track progress?" asked Hassan.

Nardi thanked Hassan for the message she delivered to Chinese leaders and discussed how the State Department has encouraged China to participate in the Global Coalition to Address Synthetic Drug Threats and that Chinese officials have attended some meetings.

Senator Hassan also asked William Kimbell, the Chief of Operations for the Drug Enforcement Administration and Department of Justice, and Ricardo Mayoral, the Deputy Assistant Director for International Operations for the Department of Homeland Security, "What role can US law enforcement play in disrupting the precursor pipeline if China agrees to work with us? For instance, could US law enforcement work with China to stop illegal money laundering that bankrolls the production of fentanyl precursors?" Mr. Kimbell pointed to recent meetings with Chinese officials about companies that they believe are selling precursors for the manufacturing of fentanyl and said that "the DEA is ready and willing at any given time to share information with them and to provide them with intelligence it needs to stop these companies from this behavior."

International

Vancouver Police Crack Down on Unsanctioned Safe Supply Program. Vancouver Police on Thursday raided the offices of the Drug User Liberation Front (DULF) on Hastings Street on the Downtown Eastside, as well as two nearby homes, in a crackdown on unsanctioned "safe supply" drug sales amidst the city's ongoing overdose crisis. Two people were arrested.

DULF initiated the program of sales of lab-tested drugs in an effort to reduce fatal overdoses by ensuring that consumers knew what they were getting, something police acknowledged in a press release on the raid.

Even while noting DULF's harm reduction efforts, police said the group has "publicly admitted to trafficking controlled substances such as heroin, cocaine, and methamphetamines.

"We understand the magnitude of the ongoing overdose crisis and the impact drug toxicity deaths have in communities throughout the province," Insp. Phil Heard of the VPD's Organized Crime Section said in a statement. "While DULF's actions were intended to reduce the harms caused by toxic drugs, we have always warned that anyone who violates the Criminal Code or the Controlled Drugs and Substances Act could face enforcement and criminal charges. This group has knowingly operated illegally in the Downtown Eastside and we have now taken action to stop it."

DULF has said it has been selling tested drugs at cost for more than a year, and that its efforts had resulted in fewer overdoses, reduced drug use among some clients, and zero associated overdose deaths.

British Columbia has responded to the overdose crisis by embracing the decriminalization of the possession of personal use amounts of drugs, but that is not nearly enough, according to DULF.

"Decriminalization as a response to overdoses is a drop in the bucket," said group cofounder Jeremy Kalicum.

Marijuana Legalization Debate in Germany's Bundestag Heats Up. The federal legislature, the Bundestag, has for the first time debated a draft marijuana legalization bill proposed by the federal government. The deTbate had originally been set for last week but was delayed by the outbreak of war in Israel and Gaza.

The bill would legalize the use and possession of marijuana by adults, but was "scaled back" from full-blown commercial legalization following consultations with the European Union.

A Social Democratic Party member made the case for legalization, cited profits to organized crime and the fact that illegal marijuana "is often contaminated."

Both the rightist Union Party and the rightist Alternative for Germany spoke against the bill, arguing that it would turn the country "in the wrong direction" and arguing instead for only the legalization of medical marijuana.

Workers at Story Cannabis in Maryland's Mechansville are the latest in the industry to vote to unionize, Gavin Newsom signs a social media law that aims at cracking down on online drug sales, and more.

Marijuana Policy

GOP Sponsor of Marijuana Banking Bill Says No Senate Floor Vote Until House Passage Assured. According to a marijuana financing executive who spoke with Senate marijuana banking bill sponsor Sen. Steve Daines (R-MT) last week, the key senator said a planned vote on the bill, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860) is on hold until he is sure it can pass in the House.

While the Senate leadership has always factored the bill's prospects in the House into its thinking, Daines' comments to Pelorus Capital Group President Rob Sechrist make it clear that the bill will not move without that assurance. According to Sechrist, Daines said something to the effect that he is "going to slow this down until there's a clear path through on the House side."

Senate Majority Lader Chuck Schumer (D-NY) has said he want to bring the bill to a Senate floor vote "as quickly as possible," but has not said the vote would depend on the state of play in the House.

Daines' goal "is to make sure that this gets passed, and not just go and die in the House," Sechrist said. "He was passionate about making sure that I understood that this is not about a political win and just getting it over to the House. He is adamant that he wants to make sure that this gets done this time all the way through."

When told some industry members would be "disappointed" to hear the vote is being delayed, Daines replied that a negative view is "not the way to look at it -- I want to make sure this gets all the way done," Secrist said.

But with the House in chaos after Republicans defenestrated former, short-lived Speaker Kevin McCarthy (R-CA), it is unclear when the chamber might get around to voting on anything, let alone whether it is ready to pass the SAFER Banking Act.

Maryland Pot Shop Workers Vote to Unionize. Workers at the Story marijuana shop in Mechanicsville have voted overwhelmingly to unionize under the aegis of the United Food & Commercial Workers (UCFW), the latest victory in wave of union organizing in the industry.

"We are stoked on the outcome of our election, and it just further illustrates what we already knew: we are a team that works together to benefit our patients, our community, and ourselves as workers," the workers' organizing committee said after the vote. "We are excited to continue providing the best medicine and overall experience to our patients and our adult-use customers. We look forward to getting down to business and negotiating a contract."

Voting took place last Thursday, with workers voting 14-2 to unionize. The vote came after workers filed for a union election through the National Labor Relations Board in August, after most eligible employees signing authorization cards supporting unionizing. The union will represent 20 employees.

Story Cannabis is a multi-state operator with stores in Arizona and Ohio as well as Maryland. The Mechanicsville store will become the first union shop owned by Story.

In 2020, MaryMed LLC in Hurlock became the first unionized pot shop in the state, but this had already seen two more shops unionize, Zen Leaf in Germantown and PharmaCann Verilife in Westminster.

Drug Policy

California Governor Signs Social Media Drug Crackdown Bill. Gov. Gavin Newsom (D) last Friday signed into law a bill, Assembly Bill 1027, designed to increase cooperation between law enforcement and social media platforms in cracking down on the sale of fentanyl and other dangerous drugs.

The new law requires social media platforms to add controlled substances to the list of topics where they must submit terms of service to the state attorney general and to do so by January. Laws requiring the platforms to submit terms of service already exist, but this new law requires social media companies to keep a record of communications between platform users for seven days or face a civil penalty of up to $250,000. The bill also holds social media financially liable if a minor overdoses on fentanyl purchased on their platform.

X, the platform formerly known as Twitter, has filed a lawsuit seeking to block the law from going into effect.

More usual suspects come out against the Ohio marijuana legalization initiative, the FDA issues a warning about the home use of prescribed ketamine, and more.

Marijuana Policy

Ohio Senate Urges Voters to Reject Marijuana Legalization Initiative. On Wednesday, the day early voting began for next month's election, the Republican-led Senate passed a resolution urging voters to reject the Issue 2 marijuana legalization initiative. The measure, Senate Resolution 216, resorted to Reefer Madness-type arguments in its bid to scare voters into a "no" vote. "The proposed statute authored by the commercial marijuana industry," it says, "does not serve the best interests of the people of Ohio, will bring unacceptable threats and risks to the health of all Ohioans, especially children, will create dangers in the workplace and unacceptable challenges and costs to employers, will make Ohio's roads more dangerous, will impose significant new, unfunded costs to Ohio's public social services, and serves only to advance the financial interests of the commercial marijuana industry and its investors."

The resolution asserts that marijuana is "a gateway drug," that drug overdoses "have been the leading cause of injury and death in Ohio" since 2007 (but the 33,000 overdose deaths in a decade are fewer than the 42,000 people killed by COVID), and that a whole litany of dire consequences would arise from legalization, including more emergency room visits for children, increased risk of young people developing psychosis, lower intelligence and learning ability, more car crashes, higher crime rates, a bigger illicit cannabis market and "great risks at the workplace to employers, other workers, customers, and others."

Polling last month had the initiative at 59 percent.

Drug Policy

CDC Says Drug Overdose Deaths Hit All-Time High Last Year. The Centers for Disease Control and Prevention (CDC) has released an estimate of drug overdose deaths and projects that 112,024 people died in the 12 months ending in May of this year, some 2,700 more than the previous year. That is a 2.5 percent increase, which indicates a slight leveling off of the still-increasing overdose numbers.

Dr. Katherine Keyes, a professor of epidemiology at the Columbia University Mailman School of Public Health, noted that the increase is leveling off.

"We still have an extraordinary number of overdose deaths that is orders of magnitude higher than we've seen in previous years," said Dr. Katherine Keyes, a professor of epidemiology at the Columbia University Mailman School of Public Health. However, "the increase that we [saw] in 2021 has slowed down. There were extraordinary increases in 2020 and 2021 that have started to flatten out in 2022 -- now going into 2023. They're not declining yet," Keyes said. "But the pace of the increase is certainly slowing. So that is both good news and indicative of a continuing public health crisis."

The death toll rose especially sharply in Western states, with Washington seeing the biggest increase, a jump of 37 percent from the previous year. That increase is likely a function of the late introduction of fentanyl into drug markets in the Pacific Northwest.

Fentanyl and other synthetic opioids were involved in the vast majority of overdose deaths.

"Fentanyl is an unpredictable product, and people who use too much can rapidly have an overdose," Keyes said, adding that the drug is particularly dangerous for people who don't know they are consuming it. "Many people who use drugs are more tolerant to fentanyl and prefer it," she said. "Other people use it without knowing it, and that can be very dangerous because people who don't have a tolerance to opioids who are exposed to fentanyl only need a very small amount of exposure to rapidly induce an overdose."

FDA Issues Warning Over Home Consumption of Telemedicine-Prescribed Ketamine. The Food and Drug Administration (FDA) has issued an alert warning about the dangers of unsupervised use of compounded ketamine to treat psychiatric disorders. The drug, a powerful anesthetic, is increasingly popular for treating depression, anxiety, PTSD, and other difficult-to-treat mental health issues.

Compounded drugs are drugs created in pharmacies (as opposed to manufactured in pharmaceutical plants) that are modified for the specific needs of individual patients. Ketamine is often used under supervision as part of psychiatric therapy at clinics or "wellness centers," but is also prescribed by online marketers who prescribe it via telemedicine for unsupervised home use.

"Patients who receive compounded ketamine products from compounders and telemedicine platforms for the treatment of psychiatric disorders may not receive important information about the potential risks associated with the product," the FDA warned.

Ketamine is unapproved and unregulated for psychiatric use, but doctors can prescribe it "off label" for any condition they desire. The boom in telemedicine during the pandemic has seen large numbers of online prescribers emerge, who dispense the medication after a brief video interview. Some prescribe as many as 30 doses at a time.

"Whenever you have something new, there may be people who run ahead with it. And there will be people who do things based on less evidence rather than more," said Dr. Joshua Berman, medical director for interventional psychiatry at Columbia University, who helped develop the department's ketamine program.

"Our concern is that these online sellers are going to ruin it for everybody," said Peter Koshland, who runs a compounding pharmacy in San Francisco. "Our fear is that regulators, if they perceive a threat to public health, will move to take this amazing medicine away and leave patients at risk."

Law Enforcement

California Becomes First State to Ban "Excited Delirium" As Cause of Death in Police Encounters. Gov. Gavin Newsom (D) has signed into law Assembly Bill 360, which bars coroners or medical examiners from using the term "excited delirium" on death certificates.

The state becomes the first to ban the phrase, which medical associations have said is rooted in racism and which has often been used to justify the deaths of people in police custody, especially those using stimulant drugs.

The signing of the bill was a victory for "justice, police accountability, human rights and health," said Dr. Michele Heisler, the medical director of Physicians for Human Rights. "This baseless concept can no longer be used in California to absolve law enforcement for deaths in custody, misinform responses to people facing medical and behavioral crises, or block access to legal remedies."

Two years ago, the American Medical Association (AMA) announced its opposition to the use of the term, saying reports showed a pattern of using the term as "justification for excessive police force, disproportionately cited in cases where Black men die in law enforcement custody."

Some of the usual suspects line up against the Ohio marijuana legalization initiative, California's governor vetoes a "what about the kids?" marijuana labeling bill, and more.

Marijuana Policy

California Governor Vetoes Marijuana Labeling Bill Opposed by Industry. Gov. Gavin Newsom (D) has vetoed a labeling bill opposed by the industry as too onerous, Assembly Bill 1207, the Cannabis Candy Child Safety Act. The bill would have banned the sale, distribution or manufacturing of cannabis products with packaging and labeling deemed "attractive to children." That would have included promotional material displaying fictional humans, animals, fruits and vegetables.

The industry lobbied for the veto and instead supported Senate Bill 540, which also passed the legislature and which Newsom has now signed into law. That bill instructs the state Department of Cannabis Control to revisit packaging and labeling restrictions "in line with evolving science" and to create "a brochure encouraging responsible cannabis use."

"We're enormously grateful for the governor's thoughtful and nuanced approach to cannabis advertising," said Tiffany Devitt, who manages government affairs for CannaCraft, a Santa Rosa producer. "By vetoing AB 1207 and signing SB 540, he's taken a science-based approach to safeguarding consumers while preserving the ability of California cannabis companies to compete in the national market."

Ohio Business Groups Oppose Marijuana Legalization Initiative. Several influential state business organizations have come out against Issue 2, the marijuana legalization initiative that will appear on the ballot next month.

Citing concerns over workplace safety and company's ability to find workers who can pass drug tests, the Ohio Chamber of Commerce, the Ohio Business Roundtable and the Ohio Manufacturer’s Association are opposing the measure.

Legalization presents "No upside for businesses that I can see," said Steve Stivers, CEO of the Chamber of Commerce.

Tom Haren, a spokesperson for Ohio’s pro-legalization sponsor, the Campaign to Regulate Marijuana Like Alcohol, dismissed the business groups’ worries as "Reefer Madness type scare tactics."

Drug Policy

Oregon Supreme Court Rules Mere Possession of Large Quantities of Drugs Not Sufficient to Prove Intent to Sell. The state Supreme Court ruled last Thursday that mere possession of a large amount of drugs is not enough to justify charges of possession with intent to distribute drugs. The high court said more evidence was required to show "possession with intent to sell."

The ruling comes in the midst of growing debate over state drug policy, with a joint legislative committee reviewing drug treatment and enforcement efforts and two different initiative campaigns seeking to roll back or otherwise modify Measure 110, the 2020 initiative that decriminalized drug possession in the state.

One of initiatives proposed to change the 2020 law contains language to restore the "possession with intent to sell" standard established through a 1988 decision by the Court of Appeals. That standard had been sufficient to prove "attempt transfer" until the Supreme Court's ruling.

"It is sufficient for us to say what an ‘attempted transfer’ is not: It is not established by evidence that a person possessed a large quantity of a controlled substance and had a general intent to transfer it at an undetermined future time," the court held. "Some additional evidence that the person made an effort to engage in the act of transferring is required. The question of what sort of additional evidence might be sufficient is one that we decline to address in the abstract, as we expect that courts will face it in a great variety of fact patterns.

"In this case, the record is legally insufficient to prove that defendant made an effort to transfer fentanyl. The record shows that defendant possessed a nonuser amount of fentanyl and that some of the fentanyl was packaged in a manner consistent with an intent to deliver it. What the record lacks is evidence that defendant had taken additional steps to engage in conduct that would cause the fentanyl to change hands."

The Supreme Court did not dismiss the case but sent it back to Washington County Circuit Court, where prosecutors could present additional evidence.

International

Australia's New South Wales Joins Rest of Country in Relaxing Drug Laws. State government officials have announced that as of New Year's Day, people caught with small amounts of drugs will have the option of paying a fine or getting counselling rather than be arrested and subjected to court proceedings. That will bring the state in line with the rest of the country's states and territories.

The new policy will apply to the possession of up to a quarter-gram of MDMA and a gram of cocaine or methamphetamine. The state already applies the policy for up to 30 grams of marijuana.

Police still maintain the discretion to make an arrest, a move that activists denounced about data showed that the diversion scheme was applied less often for indigenous people.

Legislation to effect the change will be introduced in parliament this week.

Gov. Gavin Newsom (D) on Saturday vetoed a measure that would have decriminalized several natural psychedelics, Senate Bill 58. The substances that would have been decriminalized are psilocybin (the psychoactive ingredient in magic mushrooms), dimethyltryptamine (DMT -- found in ayahusca), and mescaline.

The bill would not have allowed for the legal sale of those substances, but it would have ensured that people would not be arrested or jailed for possessing or using the natural psychedelics.

[Editor's Note: This is the second cutting edge drug reform measure Newsom vetoed this year. In August, he vetoed a bill that would have allowed pilot program safe injection sites. One might wonder if he is sacrificing progressive drug reforms on the altar of ambition for national political office.]

In his veto message, Newsom said he was open to exploring the therapeutic benefits of natural psychedelics, but that guiderails needed to put in place first -- and he appeared to give short shrift to any uses other than medicalized therapeutic use.

"Both peer-reviewed science and powerful personal anecdotes lead me to support new opportunities to address mental health through psychedelic medicines like those addressed in this bill," Newsom wrote. "Psychedelics have proven to relieve people suffering from certain conditions such as depression, PTSD, traumatic brain injury, and other addictive personality traits. This is an exciting frontier and California will be on the front-end of leading it. California should immediately begin work to set up regulated treatment guidelines -replete with dosing information, therapeutic guidelines, rules to prevent against exploitation during guided treatments, and medical clearance of no underlying psychoses. Unfortunately, this bill would decriminalize possession prior to these guidelines going into place, and I cannot sign it."

Throwing a sop to the bill's supporters, Newsom urged them to send him a bill next year that includes therapeutic guidelines and added that he was "committed to working with the legislature and sponsors of this bill to craft legislation that would authorize permissible uses and consider a framework for potential broader decriminalization in the future, once the impacts, dosing, best practice, and safety guardrails are thoroughly contemplated and put in place."

The California Coalition for Psychedelic Safety and Education -- a project of the American Legion of California -- opposed the measure and lauded Newsom's veto.

"We're grateful that Gov. Newsom listened to some of the top medical experts, psychedelic researchers and psychiatrists in the country who all warned that legalization without guardrails was at best premature for both personal and therapeutic use," the coalition said Saturday. "Any move toward decriminalization will require appropriate public education campaigns, safety protocols and emergency response procedures to help keep Californians safe."

But bill sponsor Sen. Scott Wiener (D-San Francico), who spent two year shepherding the bill through the legislature, was not pleased, saying the governor had punted on a chance for the state to lead the nation on psychedelics.

"This is a setback for the huge number of Californians -- including combat veterans and first responders -- who are safely using and benefiting from these non-addictive substances and who will now continue to be classified as criminals under California law," Wiener said in a statement Saturday. "The evidence is beyond dispute that criminalizing access to these substances only serves to make people less safe and reduce access to help."

Wiener added that he would sponsor a new bill next year.

Dr. Bronner's, the California based and family-owned maker of the top-selling natural brand of soap in North America, which helped organize and finance a broad coalition of groups supporting the bill, was also disappointed but hopeful.

"Although the veto of SB 58 is a major disappointment to our coalition and a setback for all who are committed to criminal justice and mental health reform, Gov. Newsom's veto message shows there is still a path forward. Despite this delay, we are confident that we will soon decriminalize and achieve legal access to psychedelics in the state of California," said David Bronner, Cosmic Engagement Officer (CEO) of Dr. Bronner's and board member of the Multidisciplinary Association for Psychedelic Studies (MAPS). "I am grateful to Senator Wiener, all those in the CA Senate and Assembly who supported SB 58, as well as all the activists and advocates who worked on this legislation, including our coalition partners."

"Our world is grappling with epidemics of depression, anxiety, PTSD, and addiction that millions suffer from. Natural psychedelic medicines used responsibly are life-saving medicines that the world needs now, especially traumatized populations such as veterans and Black, Indigenous, and People of Color (BIPOC) communities," Bronner continued.

While the governor's veto has blocked the legislative path to psychedelic reform -- at least for now -- California voters may have a chance to do it themselves next year. Campaigns are underway to put two psychedelic initiatives on the ballot in 2024, one that would legalize the sale and use of magic mushrooms by people 21 and over and one that would seek voter approval of a $5 billion expenditure to create a state agency to research psychedelic therapies.

The state Senate on Monday approved Senate Bill 235 also known as "Tyler's Law" after an 18-year-old who died of a fentanyl overdose, which would impose a 10-year mandatory minimum sentence for some people convicted of providing illicit drugs that resulted in a fatal overdose. Mandatory minimums would apply if the person had two or more prior convictions related to drug delivery and if he received "anything of value" for providing the drugs.

The measure was sponsored by Sen. Doug Mastriano (R), a far-right election denier and conspiracy theorist whose views were so extreme he won the Republican nomination for governor in 2022 only to be blown out in the general election, losing by 15 points and handing the office to Democrat Josh Shapiro.

The bill as originally filed was more draconian that what eventually passed the Senate. As filed by Mastriano, the bill would have imposed the mandatory minimums -- 25 years in the original, not 10 -- if the person had two or more priors or he received "something of value," which would have effectively made a bill ostensibly aimed at preventing fatal drug overdoses into one that could see mandatory minimums for any drug sale resulting in a fatality, with or without prior offenses.

The original bill also had no provision exempting people who were sharing drugs from the mandatory minimums. But the Senate approved an amendment by Sen. Steve Santarsiero (D) that addressed both issues. It changed that or to an and, removing the possibility of people other than those twice-convicted of drug sales being hit with mandatory minimums, and it added explicit language exempting situations where "the person and the decedent intended to use the controlled substance or counterfeit controlled substance together or the person used the controlled substance or counterfeit controlled substance with the decedent."

Still, the bill would introduce new mandatory minimum sentences, and that is drawing the ire of groups such as the ACLU of Pennsylvania and Families Against Mandatory Minimums. As the bill awaits consideration in the Democratic-controlled House, the groups are raising the alarm.

"SB 235 would almost certainly incarcerate people with substance use disorders," said the ACLU of Pennsylvania as it came out against the measure. "Instead of reducing the instances of drug-related deaths, SB 235 has the real potential of punishing people for their substance use disorder. Mandatory minimum sentences fail to keep Pennsylvanians safe, while driving up prison populations and costs for taxpayers. Despite their best intentions, legislators should resist resorting to demonstrably failed policies of the past."

"It is 2023, yet some lawmakers continue to cling to the same failed approach to the War on Drugs from 1983," said Celeste Trusty, FAMM Pennsylvania State Policy Director. "We have decades of research proving mandatory minimums to be ineffective and wasteful policy. They have been a primary driver of Pennsylvania's unsustainable prison population which is now the second largest in the northeast. They perpetuate and exacerbate overwhelming racial disparities within our criminal justice system."

"We tried mandatory minimums before," Trusty continued. "They failed. The underlying case here is a tragedy, but this mandatory minimum bill won't prevent overdoses or make us safer or healthier. It won't stop people from using drugs or help people struggling with substance use. In fact, it will make us less safe by forcing judges to ignore effective alternatives and spend millions sending people to prison even if they don't need to be there. I am hopeful the House will focus on crafting legislative responses that actually lead to positive outcomes for our communities."

Crooked jail and prison guards from Saginaw to South Carolina. Let's get to it:

In Saginaw, Michigan, a state prison guard was arrested August 7 but the bust was kept quiet until this week as an investigation that netted two others wrapped up. Kernef Jackson, 61, a 20-year guard at St. Louis Correction faces thirteen charges, including possession and intent to deliver a number of controlled substances, including fentanyl. He is also charged with maintaining a drug house -- in this case, his vehicle (!). The other two arrested were an inmate at the prison and a woman who also faces drug house charges. The arrests came after a yearlong investigation by an area drug task force.

In Suffield, Connecticut, a state prison guard was arrested September 21 after she was caught carrying drugs into the MacDougall-Walker Correctional Institution. Guard Deserae Ortiz, 25, faces nine charges including conveyance of an electronic wireless communications device inside a correctional institution, illegal distribution of a narcotic substance, and illegal distribution of cannabis.

In Columbia, South Carolina, a Richland County sheriff's detention officer was arrested September 25 after being caught at work with loose tobacco, a phone charger, 87 grams of marijuana, and 56 grams of crack cocaine. Officer Taylor Smoaks, 27, is charged with misconduct in office, furnishing contraband, drug possession and drug trafficking. She went down after investigators received a tip that she was providing contraband to detainees.

A House committee has again blocked an amendment to stop pre-employment marijuana testing for federal job applicants, a Michigan ban on pre-employment marijuana testing of most state workers has gone into effect, and more. 

Marijuana Policy

House Rules Committee Again Blocks Amendments to End Marijuana Testing for Federal Job Applicants. Rep. Robert Garcia's ongoing attempt to end the practice of drug testing for marijuana for federal job applicants has again been blocked, this time by the GOP-led House Rules Committee, which declined to allow a floor vote on his amendments to the spending bills for the Departments of Energy and Water Development and Related Agencies, as well as for the legislative branch.

Garcia has tried repeatedly and to no avail to attach his amendment to various spending bills, including the departments of Homeland Security, Agriculture-Rural Development-FDA, State and Foreign Operations, and Veterans Affairs.

The amendments say that, with certain exceptions, the agencies and departments in question cannot use their funding "for testing applicants for marijuana."

Michigan Ban on Pre-Employment Drug Testing for State Workers Now in Effect. A new rule barring pre-employment drug testing for all state workers except those subject to random drug testing went into effect October 1.

Some safety-sensitive and other state positions are still subject to pre-employment testing and all state employees are still subject to drug testing based on impairment suspicion, random selection and post-accident, according to the commission.

Safety-sensitive positions include those operating certain vehicles, equipment and machinery. The ban also doesn’t apply to law enforcement positions, health care workers and prison employees.

Workers can still be disciplined or fired if they have impaired levels of drugs or alcohol, including marijuana, while at work. 

Harm Reduction

Sen. Markey, Rep. Lee Urge Biden Administration to Enact Comprehensive Fentanyl Harm Reduction Strategy, Including Safe Injection Sites. Senator Edward J. Markey (D-Mass) and Congresswoman Barbara Lee (CA-12) today led 18 of their colleagues in urging the Biden-Harris administration to develop and publicly announce a national fentanyl harm reduction strategy specifically focused on enhancing public health infrastructure and addressing the collateral consequences that stem from drug arrests and convictions.

The lawmakers emphasized that this strategy should support increased availability of local overdose prevention centers (OPCs) and expanded access to vital medical interventions, including naloxone, drug testing strips, sterile syringes and pipes, methadone, and buprenorphine.

The lawmakers urged the administration to:

• Deploy federal resources to enable agencies to better identify and repeal collateral consequences that result from drug possession arrests and convictions, such as the drug felony ban on federal food security programs;
• Improve equitable access to effective harm reduction services — which involves an examination of barriers that community-based syringe services programs may face in applying for federal funds, such as reporting requirements that incorporate personally identifiable information — and adopt policies that minimize those barriers; and,
• Close research gaps and undertake a comprehensive evidence review on the role of distribution of safer smoking supplies in harm reduction measures, including engagement and retention, risks for overdose and infectious diseases, referral and linkage to other services, and health equity.

"Furthermore, strong evidence indicates that OPCs reduce the transmission of HIV and hepatitis, prevent overdose deaths, reduce public injections and the volume of shared or discarded syringes, and increase the number of drug users who enter treatment programs. The Biden-Harris administration should set forth federal policy to support the availability and expansion of OPCs as effective harm reduction tools," the lawmakers wrote.

"Further criminalizing fentanyl and doubling down on punitive drug policies only complicates our efforts to address the overdose crisis; people are deterred from seeking needed medical help, and illicit drug manufacturers and sellers are incentivized to create new and increasingly deadly drugs that aren’t covered by existing criminal laws," they continued. "With the Biden-Harris administration’s recent announcement of a plan to address the growing threat of fentanyl, we urge you to take every opportunity to prevent fentanyl-related overdoses from claiming scores of American lives daily."

International

Afghan Opium Poppy Cultivation Drops 85 Percent, New Analysis Finds. A satellite analysis of the Afghan opium crop by the geographic information services company Alcis estimates that opium cultivation has declined by 85 percent since the Taliban re-took power and decreed a ban on it.

Poppy cultivation was nearly half a million acres in 2022 but dropped below 75,000 acres this year, leading experts to describe the ban "as the most successful counter-narcotics effort in human history."

The key opium-producing province of Helmand saw a whopping 99 percent reduction in cultivation, while Farah saw a 95 percent reduction, and Nimroz say a 91 percent reduction.

A former Michigan medical marijuana regulator heads to prison for bribery, the Jacksonville Sheriff's Office rejects cocaine field tests as "unreliable," and more. 

Medical Marijuana

Michigan Former Medical Marijuana Top Regulator Heads for Prison on Bribery Charges. The former head of the state's Medical Marihuana Licensing Board was sentenced to 55 months in federal prison Thursday after earlier pleading guilty to soliciting and accepting bribes. Rick Johnson, a Republican who is also the former Speaker of the House, headed the now defunct board, which was in charge of reviewing and granting licenses for people seeking to grow and sell medical marijuana.

"Today's sentence sends a very strong message that public corruption will not be tolerated in the state of Michigan," Mark Totten, US Attorney for the Western District of Michigan, said after the sentencing. "The length of this sentence reflects the seriousness of the offense."

Johnson admitted receiving at least $110,000 in payments, $20,000 in loans that did not have repayment terms, and "thousands of dollars" in services from a sex worker. Johnson chaired the board from 2015 to 2017. Gov. Gretchen Whitmer (D) dismantled the board in 2019.

Utah Dispensary Workers Vote to Unionize with UFCW. Workers at the Dragonfly Wellness medical marijuana dispensary in Salt Lake City voted Tuesday to join the United Food and Commercial Workers (UFCW). The unionization vote involved 30 employees, who become the first in the state's medical marijuana industry to unionize.

"Employees included in the newly formed cannabis union include Dragonfly Wellness associates, team leads, drivers, delivery leads, inventory specialists, pharmacists, and head trainers," according to a UFCW Local 99 news release.

Drug Policy

Seattle Mayor Issues Executive Order Guiding Implementation of New Law Prohibiting Public Consumption of Drugs. On Thursday, Mayor Bruce Harrell (D) issued Executive Order 2023-006, guiding implementation and data collection related to the Public Safety and Health Response to the Opioid Crisis Ordinance prohibiting public consumption of fentanyl and other drugs. This follows Mayor Harrell’s April Executive Order addressing fentanyl and the synthetic drug crisis, part of the City’s dual public health and public safety approach to the issue, including advancing innovative treatment solutions to help people access services and get well. 

"Fentanyl and other dangerous drugs are killing people, causing harm, and creating unsafe conditions Downtown and in neighborhoods across Seattle. This law gives us another tool to help those in need access treatment and to keep sidewalks and neighborhoods welcoming for all residents, and my Executive Order provides needed implementation guidance and ensures we are collecting data to measure effectiveness," said Harrell. "We are committed to learning lessons from the past, holding traffickers, dealers, and those causing the most harm accountable, and helping people access treatment and care through diversion services." 

The Executive Order provides direction to officers on how to enforce the ordinance, including examples of how public use and possession can be established and factors that will guide the threat of harm assessment. The Executive Order makes clear that harm pertains to the impact on the ability of others to use shared public space and identifies areas that have a high likelihood of the presence of other community members and where the use of controlled substances impacts public safety and security.  

Mayor Harrell’s Executive Order also reaffirms that diversion is the preferred response to public use and possession offenses and sets expectations for how officers will handle situations where a threat of harm to others is not present. Mayor Harrell’s budget, announced earlier this week, includes millions toward diversion programs and efforts to provide treatment and curb overdose deaths. 

Lastly, the Executive Order calls for the collection of data to assess the scope of public use and possession of controlled substances to both better understand the problems facing the City and to create a baseline to measure the effectiveness of the ordinance and its enforcement. This includes analyzing data from Public Health — Seattle & King County, SPD, and other sources. 

The legislation passed by the Council and signed by Mayor Harrell will take effect next month. In effect, it will:  

• Codify state law making public consumption of illegal drugs a gross misdemeanor in the City’s criminal code.   
• For the first time in the City’s history, designate diversion and treatment as the preferred approach to addressing substance use issues – connecting people with care and responding to a public health crisis with evidence-based health solutions.   
• Define a new threat of harm standard – differentiating between drug use that threatens others, recognizing the real and perceived danger of consumption of illegal drugs in public places, and aiming to support safe and welcoming neighborhoods by reducing public use. 

The ordinance, this Executive Order, and the forthcoming SPD policy are just one aspect of the City’s efforts to address the public health and safety concerns caused by synthetic narcotics.

Drug Testing

Florida Sheriff's Office Ends Use of "Unreliable" Cocaine Testing Kits. The Jacksonsville Sheriff's Office announced Wednesday it would stop using cocaine field tests after finding they generate false-positives for common over-the-counter medications. The office issued a memo ordering personnel to quit using the Scott Company cocaine kits immediately and return any unused ones.

Officers will now need to submit suspected cocaine to the Florida Department of Law Enforcement laboratory for formal testing. Only if it tests positive at the state lab should officers seek an arrest warrant.

While field test results are not by themselves sufficient evidence to prosecute a drug possession case, a positive field test had been enough for an officer to make an arrest, and defendants often plead in drug cases rather than take the cases to trial. Thus, it is possible false positives have resulted in wrongful arrests and convictions.

"Following a meeting this morning with law enforcement, we became aware that field test kits for cocaine have resulted in false positives. We immediately informed the Public Defender’s Office, Regional Conflict Counsel, the Chief Judge, and local Criminal Defense Bar of this development. We are conducting a thorough review of cases potentially implicated to determine what actions need to be taken moving forward to address this issue."

The office "is now exploring new product options for presumptive field-testing kits for cocaine for future use."

Pot prohibition in Pennsylvania is getting squeezed. Of its neighboring states, Maryland, New Jersey, and New York have already legalized marijuana, Ohio voters will have their chance to approve it in November, and only West Virginia shares the state's status as a medical marijuana-only state.

Efforts to advance adult use legalization in Harrisburg have been stymied for years by Republican control of the statehouse, but after last year's elections, the state now has a Democratic governor in Josh Shapiro, the House now has a Democratic majority, and cracks are now appearing in the Republican-led Senate, where at least two GOP senators are ready to get on board.

Gov. Shapiro in March proposed marijuana legalization as part of his 2023-2024 budget, and this year, there are once again are marijuana legalization bills before the legislature. Rep. David Delloso has once again filed a state liquor store model legalization bill, House Bill 1080, and one of those Republican Senate converts, Sen. Dan Laughlin, is the cosponsor of another legalization bill, Senate Bill 846.

"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin upon filing the bill in July. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."

The bill would legalize the possession of marijuana by people 21 and over and set up a system of taxed and regulated marijuana commerce. It would also address social equity by granting licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. It would also all non-violent marijuana convictions. Ensuring that minority communities disproportionately impacted by drug prohibition is critical, black legislators say.

"We have a unique and singular opportunity to correct decades of mass incarceration, disproportionate enforcement against marginalized communities, the criminalization of personal choice and the perpetuation of violence, which all materialized from the failed war on drugs," said Sen. Sharif Street, a Democratic cosponsor of the bill. "Legalizing the adult use of cannabis will help us fully and equitably fund education, lower property taxes, and address a variety of community needs throughout Pennsylvania."

Social equity was definitely on the mind of attendees at last week's Cannabis Opportunities Conference -- part of the Diasporic Alliance for Cannabis Opportunity's (DACO) Black Cannabis Week. The event was hosted by Sen. Street and covered by Marijuana Moment.

"This is going to be a multibillion-dollar industry," Street. "We need to make sure that we're inclusive… We need to make sure that folks can participate at every level of this industry."

Bill cosponsor Rep. Donna Bullock (D), who has previously spoken out against the dominance of large, multistate marijuana companies, was adamant that legalization come with strong social equity provisions.

"No bill will move with my name on it until I'm comfortable that we actually answer those questions," she said. "No bill will move with my name on it until I know for sure we're not repeating the mistakes of equity in name only. If you think you're going to get me with just some expungements, you got it wrong," she added.

"I think sometimes some people get scared to say 'Black,'" Rep. Darisha Parker (D) said. "If we're going to really do this for a legislative perspective, then all of us in the state need to make sure that we're actually doing it, making sure that we're actually supporting the individuals for this social equity bill that we're going to be putting forward. This is our reparations," she added. "Let's get busy."

These black lawmakers agreed that they were willing to take the time to ensure that some of the harms done by the drug war be redressed and that the communities that suffered them get recompense.

Lawmakers are "still taking inventory" to see what's worked in other states and what hasn't, Parker said.

"We've had… a hundred years of getting this wrong. I'm not in a rush to get it wrong again," said Bullock.

Street concurred, saying that in Pennsylvania "we're usually not the first to get anything done, but we'd like to be the first to get it right."

It looks like there is some work to be done to make sure marijuana legalization aids those communities harmed by the drug war, and it looks like there is a committed legislative contingent in Harrisburg ready to make sure that happens. Stay tuned.

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."