It is just a little over two months until Election Day, and the picture around marijuana legalization in the states is becoming clear. Six states -- Arkansas, Maryland, Missouri, North Dakota, Oklahoma, and South Dakota -- have seen initiative campaigns came up with sufficient signatures to qualify for the ballot, and if all of them succeed, that would bring the number of states where marijuana is legal to 25 -- half the states in the country.

But a couple of those states should come with asterisks: The Arkansas initiative will be voted on, but the votes may not count as the state Supreme Court weighs whether to uphold the state election commission's decision not to certify the ballot title and popular names on the grounds that they are "misleading." And the Oklahoma initiative may be pushed back to a later special election or the next general election after delays in signature counting by a state contractor left it unable to be certified by the official deadline for the November ballot. The state Supreme Court is currently considering whether to allow the initiative onto the ballot.

The Missouri initiative is also facing a legal challenge from prohibitionists, but that initiative is still on the ballot at this point, so no asterisk here.

Those caveats aside, here is a rundown of the legalization initiatives in the six states that could free the weed in November:

Arkansas

The Arkansas Adult Use Cannabis Amendment from Responsible Growth Arkansas would legalize the possession of up to an ounce of marijuana by people 21 and over and create a system of licensed marijuana cultivation, processing, distribution, and retail sales. It would also allow existing medical marijuana infrastructure (dispensaries, grow operations, etc.) to be integrated into the new adult use market. The Arkansas Beverage Control Board would be the regulatory agency.

Retail sales would face normal sales taxes plus an additional 10 percent tax. Fifteen percent of tax revenues would go to law enforcement, 10 percent to the University of Arkansas for Medical Sciences, five percent to fund drug courts, and the remainder to go into the general fund. There are no provisions for home cultivation or to promote social equity, although there is language deferring a criminal background check for people owning less than five percent of a marijuana business.

The most recent poll, from February, had support for legalization at 53.5%. That is a majority, but not a comfortable one.

Maryland

Question 4 would amend the state constitution by adding an article that allows people 21 and over to use and possess marijuana and providing that the General Assembly "shall provide for the use, distribution, possession, regulation and taxation of cannabis within the state."

This is an amendment that came not from the people but from the legislature, which passed it as House Bill 1 in April. The legislature that same month also passed implementing legislation to go into effect if the measure passes. The legislation, House Bill 837, which would set legal possession limits at 1.5 ounces and allow for the home cultivation of two plants. The bill would also automatically expunge convictions for conduct that would be legal if the measure passes.

The amendment contains no language about regulation or taxation. That will be left up to the legislature.

A March poll had support for legalization at a healthy 62 percent.

Missouri

Sponsored by Legalize Missouri 2022, Amendment 3 would allow people 21 and over to possess up to three ounces of marijuana and grow up to six flowering plants, as well as six immature plants and six clones. The measure also provides for the automatic expungement of nonviolent marijuana-related offenses.

The initiative also "seeks to broaden industry participation by small business owners and among disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans, and those previously convicted of nonviolent marijuana offenses," according to Legalize Missouri 2022.

The initiative would tax retail sales at 6 percent, with localities allowed to add a 3 percent sales tax. It also gives cities and counties the option of disallowing retail sales via a popular vote.

It would also allow existing medical marijuana operations to seek recreational sales licenses beginning December 8, with regulators allowed up to 60 days to approve them, giving them an effective head-start on newcomer competitors.

The measure had drawn organized opposition from within the cannabis community, with critics saying it does not do enough to promote social equity, that it favors existing operators, and that because it is a constitutional amendment, the legislature would have little say. Still, despite the dissension, a July poll has support for legalization at a healthy 62 percent.

North Dakota

Sponsored by New Approach North Dakota, Initiated Statutory Measure No. 1 would allow people 21 and over to possess up to an ounce of marijuana, four grams of concentrates and infused products, and grow up to three plants at home, but not to consume it in public.

The measure includes specific child custody protections for parents who use marijuana in accord with state law, but employers could continue to prohibit marijuana use and there is no provision for expungement. New Approach North Dakota says it intends to address that in the legislature next year. The measure would also allow cities and counties to opt out of allowing marijuana businesses.

The initiative also creates a regulatory framework for commercial production and sales of marijuana with the Department of Health and Human Services (or a different agency designated by the legislature) developing rules and regulations and overseeing licensing of marijuana businesses. Regulators would have until October 1, 2023, to come up with rules for advertising, labeling, packaging, security, and testing standards.

There would be no new tax for marijuana, but the state's 5 percent retail sales tax would apply to marijuana sales. Those tax revenues are not designated for any particular fund. Commercial cultivators would have to pay an annual $110,000 registration fee and retailers would have to pay an annual $90,000 fee.

The number of retailers would be limited to 18 and the number of grow facilities limited to seven. In a bid to reduce monopolistic tendencies in the industry, no one person or entity could own more than one grow facility or four retail stores.

Just four years ago, state voters rejected a marijuana legalization initiative by a margin of 59 percent to 41 percent, but that was a more wide-open measure. There is no recent polling data for this measure.

Oklahoma

State Question 820 would legalize the possession, transport, and distribution of up to an ounce of marijuana, eight grams of concentrate, or eight grams of marijuana-infused products for people 21 and over. People would be allowed to grow up to six mature plants and six seedlings.

The Oklahoma Medical Marijuana Authority would be the regulatory agency for legal marijuana commerce, and retail marijuana sales would be taxed at 15 percent. Tax proceeds would go to the general fund (30 percent), public school programs (30 percent), drug treatment and overdose prevention programs (20 percent), the judicial revolving fund (10 percent), and municipalities or counties where marijuana is sold (10 percent).

The measure also would create a process for people to seek expungement of certain marijuana-related conviction or modification of sentences currently being served.

There is no recent polling on SQ 820.

South Dakota

Two years ago, voters approved a marijuana legalization initiative with 54 percent of the vote, only to see it thrown out in the state Supreme Court for violating the state's one-subject rule for initiatives. (It legalized marijuana and contained tax and regulatory provisions). Initiated Measure 27 seeks to get past that hurdle by not establishing a tax or regulatory structure for commercial sales. Instead, it would those issues for the legislature to decide.

It would legalize the possession, transport, and distribution of up to an ounce of marijuana by people 21 and over. It would also legalize the home cultivation of up to three plants -- but only in localities where there is no retail marijuana outlet, and there will not be any retail marijuana outlets unless and until the legislature acts to allow them.

An August poll had the initiative failing with only 44 percent of the vote, but that poll may be a fluke. It had support in the state's most liberal and populous region, the Sioux Falls metro area at only 38.6 percent. But in 2020, the Sioux falls metro area state Senate districts all reported at least 57 percent approval for legalization and one had the highest support of any district in the state at 72.7 percent. Maybe there has been a radical shift away from supporting legalization in two years, but most likely not.

As in the other five states, the real test comes on November 8.

Nebraska medical marijuana initiative campaigners make a last gasp effort to get on the November ballot, and more.

Florida

Florida Sets Limits on Medical Marijuana Dosage, Supply. State health officials have released a rule setting THC dosage amounts and supply limits on medical marijuana products. The emergency rule sets a 70-day cap of 24,500 milligrams of THC for non-smokable marijuana. It also sets dosage caps for other forms of ingestion, such as edibles, inhalation, and tinctures. The rule additionally caps purchases of smokable marijuana at 2.5 ounces over a 35-day period. It also creates a process for doctors to seek an exemption to quantity limits for patients they believe need to exceed those limits.

Nebraska

Nebraska Secretary of State Agrees to Review More Signatures After Medical Marijuana Initiative Comes Up Short. There is still a tiny sliver of hope for backers of a pair of medical marijuana initiatives who came up short on signatures after Secretary of State Bob Evnen (R) agreed Thursday to review some signatures that were not reviewed earlier. Nebraskans for Medical Marijuana asked for the review after analyzing information about the signature checking process. The campaign was about 10,000 signatures short in the initial count. It also fell short on meeting requirements that it reach a 5 percent threshold of signatures in 38 of the states 93 counties. Signature verification must be completed by September 16 in order for the initiative to make the November ballot.

Residents of La Paz, Bolivia, are growing weary of coca grower clashes, Colombia's new president calls for a regional assembly to plot alternatives to the war on drugs, and more.

Medical Marijuana

Florida Sets Limits on Medical Marijuana Dosage, Supply. State health officials have released a rule setting THC dosage amounts and supply limits on medical marijuana products. The emergency rule sets a 70-day cap of 24,500 milligrams of THC for non-smokable marijuana. It also sets dosage caps for other forms of ingestion, such as edibles, inhalation, and tinctures. The rule additionally caps purchases of smokable marijuana at 2.5 ounces over a 35-day period. It also creates a process for doctors to seek an exemption to quantity limits for patients they believe need to exceed those limits.

Harm Reduction

California Governor Signs Bill Decriminalizing Fentanyl Test Strips. Gov. Gavin Newsom (D) on Monday signed into law Assembly Bill 1598, which er decriminalizes the possession of fentanyl test strips. The bill from Assemblymember Laurie Davies (R-Laguna Niguel) amends the state's controlled substances law by removing drug testing equipment from its definition of drug paraphernalia. Similar bills have passed in numerous states this year. 

International

Bolivia Coca Conflict Spurs Protests by Residents Tired of Clashes. Activists and residents of the La Paz neighborhoods of Villa El Carmen, Villa Fatima, and Periferica were set to hit the streets to day to demand an end to the coca grower conflict that has disrupted normal life there for nearly the past month. The conflict pits two factions of the Adepcoca coca growers union, one pro-government and one anti-government, against each other and has resulted in weeks of clashes on the streets of the capital, especially around a disputed coca market in Villa El Carmen. Residents were planning to stage protests and erect roadblocks in all three neighborhoods today. They are demanding the government resolve the coca grower dispute.

Colombian President Seeks Regional Assembly to Rethink Drug Policy. At the Andean Presidential Council in Lima on Monday, Colombian President Gustavo Petro called for a regional assembly to come up with alternatives to what he called the "failed" war on drugs. "We have failed in something called the war on drugs and its toll is a million dead Latin Americans, most of them Colombians, and more and more Mexicans and Central Americans," he said. “If we project further forward, we would have another million Latin Americans killed by homicide, millions of Latin Americans and North Americans in prison, most of black race, and there would be 2,800,000 Americans dying of overdoses from something we don't produce: fentanyl," he warned. Instead Petro proposed convening an assembly of Latin American countries to discuss alternative drug policies. In addition to the Colombian president and his Peruvian host, the leaders of two of the world's largest coca and cocaine producing countries, the Lima meeting was also attended by the presidents of Ecuador an Bolivia, the third largest coca and cocaine producer. 

A strike in British Columbia is impacting retail marijuana shops, there is still a sliver of hope for Nebraska's medical marijuana initiataive, and more. 

Marijuana Policy

New York Starts Taking Applications for Legal Pot Shops. The state began accepting applications Thursday from people wanting to open legal recreational marijuana retail outlets, and it is making a strong social equity statement by reserving the first 150 licenses for people with past marijuana convictions or their family members. It is a "unique strategy that we’re implementing to try to make sure that those most impacted have real opportunity to participate here," state Office of Cannabis Management Executive Director Chris Alexander said. "It's really about writing a wrong," he added. There is not yet a firm date for when the first shops will open their doors. After this initial batch of licenses is issued, more licenses will be issued, with a focus on people of color, women, struggling farmers, disabled veterans and people from communities that endured heavy pot policing. The state is seeking to issue half of all licenses to such applicants.

Medical Marijuana

Nebraska Secretary of State Agrees to Review More Signatures After Medical Marijuana Initiative Comes Up Short. There is still a tiny sliver of hope for backers of a pair of medical marijuana initiatives who came up short on signatures after Secretary of State Bob Evnen (R) agreed Thursday to review some signatures that were not reviewed earlier. Nebraskans for Medical Marijuana asked for the review after analyzing information about the signature checking process. The campaign was about 10,000 signatures short in the initial count. It also fell short on meeting requirements that it reach a 5 percent threshold of signatures in 38 of the states 93 counties. Signature verification must be completed by September 16 in order for the initiative to make the November ballot.

International

Bolivia Coca Grower Conflict Continues to Fester. Clashes among competing groups of coca growers and with police in La Paz continued for a third week Tuesday even as pro-government coca union leader Arnold Alanes, who manages a "parallel market" in coca that is not officially sanctioned, filed a complaint against the leader of the rival coca growers, Freddy Machicado, for "public instigation to commit a crime." Both men claim to be leaders of Departmental Association of Coca Producers (Adepcoca) of La Pa, with Alanes assumed to be the legitimate leader of the union but Machicado leading a bloc that considers itself independent—both of the union leadership and the government.  "We have been victims of harassment, violence and dynamite blows and we are presenting (the complaint) in an emergency, given all the violence we have suffered, Alanes said as he delivered the complaint to the local prosecutor's office. The conflict dates back to last September when Alanes was elected leader of Adepcoca and recognized as such by the government. Some sectors of the union rejected him because of those government ties and took over one of the two legal markets for the sale of coca leaves, so the Alanes faction opened a new market near the traditional one in La Paz. The anti-government faction has been mobilizing this past month to pressure the government to close down Alanes' "parallel market," and that is what has been leading to weekly street clashes.

British Columbia Pot Shops Shutting Down Because of Lack of Supply Due to Unrelated Labor Action. The British Columbia General Employees' Union (BCGEU) has been on strike at government distribution warehouses for the past 10 days, and now the province's 400 retail marijuana outlets are facing shortages, with some of them already shutting their doors. The pot shop chain Burb shuttered stores in Port Coquitlam and Port Moody and lay-offs of pot shop workers have already begun. A provincial initiative to let retailers buy directly from BC producers was supposed to start last week, but did not, and the BC Ministry of Finance have not responded to questions about that initiative. The BCGEU, which represents 33,000 workers, agreed Tuesday to resume bargaining at the request of the province. What it will take to reach a settlement isn’t clear. In the meantime, it's hard times for legal marijuana retailers. 

A bipartisan coalition of senators is demanding justice for another American medical marijuana user imprisoned in Russia, a Nebraska senator vows to file a medical marijuana bill next year after an initiative campaign came up short, and more.

Marijuana Policy

Oklahoma's Use of Private Vendor to Count Signatures Could Cause Marijuana Legalization Initiative to Miss November Ballot. Yes on 820, the group behind the state's marijuana legalization initiative, is warning that the state's use of a private vendor for the first time to count signatures caused delays that may result in the measure being bumped from the November ballot. The initiative has met the signature threshold to qualify, but the count must now be approved by the state Supreme Court, and after that, a 10-day period for anyone to challenge the signatures. That is running up against a Friday election board deadline, and could keep the initiative off the ballot. "The last petition Oklahomans voted on took 17 days to count 313,000 signatures," Yes on 820 said. "In contrast, we submitted half that amount and it has taken three times as long. This delay means the election board may not receive the green light to print the ballot in time for voters to vote on it in November."

Medical Marijuana

Nebraska State Senator Pledges to Introduce Medical Marijuana Bill After Initiative Campaign Come up Short. After a campaign to put a medical marijuana initiative on the November ballot came up short on signatures, state Sen. Jen Day (D-Gretna) vowed to file a medical marijuana bill in the 2023 legislative session. She said she was also exploring the possibility of calling a special session this fail to take up the issue. "We will exhaust every measure possible to get Nebraskans the medical freedom they deserve and want," Day said. "We know that Nebraskans strongly support this."

Foreign Policy

Bipartisan Senators Demand Justice for Another US Citizen Imprisoned in Russia for Medical Marijuana. A bipartisan coalition of senators have sent a letter to Secretary of State Anthony Blinken calling on the State Department to classify imprisoned US medical marijuana patient Marc Fogel as "wrongfully detained" in Russia, the same status that has been afforded to WNBA basketball player Brittney Griner. "Mr. Fogel's recent 14-year sentence to a maximum-security penal colony for possession of less than an ounce of medical marijuana can only be understood as a political ploy by Vladimir Putin's authoritarian regime," the senators wrote. "Mr. Fogel, a 61-year-old with severe medical conditions, has already been detained for a year. The United States cannot stand by as Mr. Fogel wastes away in a Russian hard labor camp. As the US highlights Griner's unjust detention, Fogel's case "warrants the same degree of political attention and diplomatic intervention," the senators said.

Harm Reduction

San Francisco Could Still Move Ahead with Safe Injection Sites Despite Veto of Bill. Although Gov. Gavin Newsom (D) vetoed a bill to allow safe injection site pilot programs in Los Angeles, Oakland, and San Francisco on Monday, San Francisco City Attorney David Chiu said that he would support a nonprofit opening such a site in the city. "To save lives, I fully support a non-profit moving forward now with New York's model of overdose prevention programs," Chiu said in the statement. New York City has a nonprofit group running two safe injection sites. Two city nonprofits, HealthRight360 and the AIDS Foundation, said they are willing to operate sites, but need a location and funding, either from the city or from private donors, as is the case in New York City.

Despite past comments that he was "very open" to allowing safe injection sites to operate in the state, California Gov. Gavin Newsom (D) on Monday vetoed a bill that would do just that, Senate Bill 57. He cited "concerns" about its implementation.

Sponsored by Sen. Scott Wiener (D-San Francisco), the bill would have allowed for safe injection pilot programs in Los Angeles, Los Angeles County, Oakland, and San Francisco. In each of those jurisdictions, city councils or boards of supervisors had requested inclusion in the bill and were prepared to begin to implement the proven harm reduction intervention.

California embracing safe injection sites would have been a tremendous advance for harm reduction in the United States, where the first safe injection sites opened just months ago in New York City, and Rhode Island is the only other state to have okayed them. Such facilities have been operating for decades in Europe, Canada, and Australia and have a proven safety track record. At the 170 safe injection sites that have operated around the world, not a single overdose death has been reported. In New York City, in the first three months of operation, staff at these sites were able to halt over 150 overdoses.

The bill was supported by a broad coalition of organizations including the Drug Policy Alliance, San Francisco AIDS Foundation, California Society of Addiction Medicine, National Harm Reduction Coalition, Healthright 360, Tarzana Treatment Center, and the California Association of Alcohol & Drug Program Executives.

Support for the bill was also heightened by significant increases in drug use and overdoses since the beginning of the coronavirus pandemic. San Francisco saw a record number of overdose deaths in 2020, with 711 deaths in total. In 2021, 640 people died of overdoses, and the city is on track to exceed that number this year. Statewide, approximately 10,000 people died of drug overdoses from April 2020 to April 2021.

In his veto message, Gov. Newsom maintained that he has "long supported the cutting edge of harm reduction strategies," but was "acutely concerned about the operations of safe injection sites without strong, engaged local leadership and well-documented, vetted, and thoughtful operational and sustainability plans."

He also left open the possibility that he could support similar legislation in the future, saying "We should strive to ensure our innovative efforts are well planned, even when they start as pilots, to help mitigate the potential for unintended impacts. Therefore, I am instructing the Secretary of Health and Human Services to convene city and county officials to discuss minimum standards and best practices for safe and sustainable overdose prevention programs. I remain open to this discussion when those local officials come back to the legislature with recommendations for a truly limited pilot program -- with comprehensive plans for siting, operations, community partnerships, and fiscal sustainability that demonstrate how these programs will be run safely and effectively."

Sen. Wiener and his allies, however, were not assuaged by Newsom's leaving the door open for future action.

"Today, California lost a huge opportunity to address one of our most deadly problems: the dramatic escalation in drug overdose deaths. By rejecting a proven and extensively studied strategy to save lives and get people into treatment, this veto sends a powerful negative message that California is not committed to harm reduction," Wiener said in a statement Monday. "SB 57 is not a radical bill by any stretch of the imagination. It simply gives permission to cities -- each of which has requested that permission -- to pilot safe consumption sites and get people into treatment."

California risks being left in the lurch as other cities and states move to embrace the harm reduction intervention, he said.

"Other states and cities in the US are already moving forward with this proven health model. New York City, with the vocal support of Mayor Eric Adams, has successfully implemented safe consumption sites. Indeed, Mayor Adams is advocating to expand the sites to operate 24 hours a day, due to their success in reducing public drug use. Rhode Island passed a law authorizing safe consumption sites, and Massachusetts is moving in that direction. Philadelphia is on the verge of settling with the Biden administration to potentially allow it to open safe consumption sites consistent with federal law," Wiener said.

"Today's veto is tragic," Wiener continued. "For eight years, a broad coalition has worked to pass this life-saving legislation. Each year this legislation is delayed, more people die of drug overdoses -- two per day in San Francisco alone. While this veto is a major setback for the effort to save lives and connect people to treatment, we must not -- and will not -- let it end this movement. We'll continue to fight for an end to the War on Drugs and a focus on drug use and addiction as the health issues they are."

Wiener's allies in the coalition pushing for safe injection sites were equally appalled by Newsom's veto.

"We are incredibly disappointed and heartbroken that Gov. Newsom has put his own political ambitions ahead of saving thousands of lives and vetoed this critical legislation," said Jeannette Zanipatin, California state director for the Drug Policy Alliance, which sponsored the bill. "Despite the governor's remarks, LA, San Francisco and Oakland have already designated this a priority by authorizing the programs locally and have been standing ready to implement them quickly. We have already engaged local stakeholders in a robust process and they have taken active steps towards implementation in order to be part of the pilot SB 57 would have put in place. We don't need additional processes. What we need is action. Without action, people are going to die," she said.

"While Newsom plays on the fears that an 'unlimited' number of Overdose Prevention Programs could have been opened, this would have been a limited pilot program that was only for five years and three jurisdictions, with an extremely thorough evaluation process. In 2021 alone, California lost over 10,000 residents to the overdose crisis, and we are continuing to see it disproportionately claim the lives of people of color throughout the state. Make no mistake, these deaths are 100 percent avoidable through common-sense, cost-effective measures, like SB 57, but because of his veto, people will continue to die alone and in the shadows."

"Harm reduction programs in three California cities were poised and ready to implement overdose prevention programs. Oakland, Los Angeles and San Francisco have done the groundwork, have local support, and this veto leaves entire communities of people who use drugs, the majority of them unhoused, without an essential lifesaving tool," said Laura Guzman, senior director of Capacity Building and Community Mobilization at the National Harm Reduction Coalition. "Newsom's veto of SB 57 comes at a time when we lose over 10,000 Californians every year to overdose and have skyrocketing racial disparities in deaths. This veto is completely unjustified."

"We are outraged that Governor Newsom has vetoed SB 57," said Tyler TerMeer, PhD, CEO of San Francisco AIDS Foundation. "Given the number of fatal overdoses that continue to happen every day in San Francisco and across California, now is the time for us to take bold action in establishing lifesaving overdose prevention programs. We are sending an urgent message to our elected officials that preventing these programs from operating will cost lives."

The coalition formed to pass SB 57 isn't going anywhere, and this fight is far from over. Look for renewed efforts on both the legislative and consultative fronts to make California safe injection sites a reality.

Wisconsin's Republican legislative majority is out of step with the people when it comes to freeing the weed, an Idaho medical marijuana initiative campaign takes a first step, and more.

Marijuana Policy

Wisconsin Poll Shows Very Strong Support for Marijuana Legalization. A new poll from the Marquette Law School shows support for marijuana legalization in the state at an all-time high of 69 percent of registered voters. That's an eight-point jump since the school's last poll just five months ago. Eighty-one percent of Democrats, 75 percent of independents, and 51 percent of Republicans said they back legalization in the latest poll. A GOP legislative supermajority entrenched through gerrymandering does not care. It hasn't even approved medical marijuana except for low-THC cannabis oil.

Medical Marijuana

Idaho Activists Launch Medical Marijuana Ballot Push for 2024. Activists organized as Kind Idaho have filed a proposed 2024 medical marijuana ballot initiative that is essentially identical to one it filed two years ago but which did not end up qualifying for the ballot. The measure would allow patients with qualifying conditions to buy medical marijuana at state-licensed dispensaries or grow up to six plants at home if a dispensary were unavailable or getting to one would impose a hardship on the patient. "Now the waiting game begins," said Joseph Evans, the group's treasurer. "We will be in contact again in five weeks when we come in to pick up and review the changes the [attorney general] suggests."

Psychedelics

Oakland Church That Uses Psychedelic Mushrooms as Sacrament Sues over Police Raid. The Zide Door Church of Entheogenic Plants, an assembly of the Church of Ambrosia, has filed a lawsuit alleging civil rights violations against the city of Oakland and the Oakland Police Department after police raided the church, which used magic mushrooms as a sacrament, in 2020. The suit charges that the police raid violated its 1st and 14th Amendment rights and that the city's land use code bars them from conducting religious ceremonies and sacraments with psychedelics and marijuana inside the church.

Oakland Police say the church was operating as a dispensary, and they acted after receiving a complaint. One officer, John Romero, applied for church membership, signed an agreement acknowledging the church is not a dispensary and bought 3.5 grams of marijuana, which the church says is intended for on-site consumption as part of its sacrament. Romero returned with a search warrant, damaged five safes, seized paperwork, inventory logs, $200,000 worth of marijuana and mushroom inventory, a computer, and $4,500 in cash. The church says it is about spirituality, not dope dealing."This is not just an excuse for selling drugs," church founder Dave Hodges said. "This is a sincere faith, and the work that I personally do with mushrooms is with the really high doses. There's no doubt in my mind that mushrooms were the first way our ancient ancestors understood there was more to this existence. They raided us like we were some kind of crime family they were taking down or a meth house," Hodges said. "They came in guns blazing, which they didn't need to do. They could've accomplished the same thing with two officers without their guns drawn. This was a classic smash-and-grab scenario where they took our sacrament, they took our money and they never filed any charges." The church is seeking a permanent injunction forcing the city to approve its land use application and to exempt religious use of entheogenic plants as part of the application process. "We would like for the Oakland PD to leave us alone and for the city of Oakland to consider us legitimate," Hodges said.

International

Thai Health Minister Says Pot-Smoking Tourists Not Welcome. Thai Health Minister Anutin Charnvirakul discouraged people from visiting the country only to smoke weed. "We don't welcome those kinds of tourists," Anutin Charnvirakul told reporters when asked about recreational marijuana use among foreign visitors. The comments come just two months after Thailand largely decriminalized marijuana, leading to an influx of tourists and the opening of "cannabis cafes." Marijuana tourism could be a boon to the country's important tourism industry, which was badly wounded by the coronavirus pandemic, but the government says recreational use of the drug is not okay. But that could change, Anutin said: "It might come in the near future."

And then there were five: With an announcement Monday by the secretary of state that a New Approach North Dakota marijuana legalization initiative had qualified for the ballot, the number of states where legalization is on the ballot climbs to five. The others are Maryland, Missouri, North Dakota, and South Dakota. (Another legalization effort in Oklahoma is awaiting confirmation that it has gathered sufficient valid voter signatures to qualify for the ballot.)

New Approach North Dakota easily cleared the state's signature requirement of 15,582 valid voter signatures, with the secretary of state's office reporting the group had 23,368 valid signatures.

Now officially known as Initiated Statutory Measure No. 1, the initiative would allow people 21 and over to possess up to an ounce of marijuana, four grams of concentrates and infused products, and grow up to three plants at home, but not to consume it in public.

The measure includes specific child custody protections for parents who use marijuana in accord with state law, but employers could continue to prohibit marijuana use and there is no provision for expungement. New Approach North Dakota says it intends to address that in the legislature next year. The measure would also allow cities and counties to opt out of allowing marijuana businesses.

The initiative also creates a regulatory framework for commercial production and sales of marijuana with the Department of Health and Human Services (or a different agency designated by the legislature) developing rules and regulations and overseeing licensing of marijuana businesses. Regulators would have until October 1, 2023, to come up with rules for advertising, labeling, packaging, security, and testing standards.

There would be no new tax for marijuana, but the state's 5 percent retail sales tax would apply to marijuana sales. Those tax revenues are not designated for any particular fund. Commercial cultivators would have to pay an annual $110,000 registration fee and retailers would have to pay an annual $90,000 fee.

The number of retailers would be limited to 18 and the number of grow facilities limited to seven. In a bid to reduce monopolistic tendencies in the industry, no one person or entity could own more than one grow facility or four retail stores.

"Measure 1 is a conservative approach to cannabis legalization based on legislation passed by the North Dakota House of Representatives. It balances personal freedom with personal responsibility," said state Rep. Matthew Ruby (R), a member of the campaign's sponsoring committee. "Adults will no longer be punished for using cannabis -- but only if they do so safely and responsibly. As voters have a chance to review the measure in detail, I'm confident a majority will agree this is the right approach for North Dakota."

Just four years ago, state voters rejected a marijuana legalization initiative by a margin of 59 percent to 41 percent, but things will be different this time around, argued New Approach North Dakota campaign chairman David Owen.

"So, the biggest difference between now and Measure 3 of 2018… is this is restricted, regulated, controlled, legal marijuana," Owen said.

"I served as a police officer in Bismarck for over five years and have defended those accused of marijuana offenses for the last twenty years, said Mark Friese, an attorney and former police officer who is the campaign treasurer. "There is no public safety benefit from arresting adults for small amounts of marijuana. It is a waste of taxpayer resources and a distraction from serious public safety concerns. Cannabis causes far less harm than alcohol. Many people find therapeutic benefits from it. The government shouldn't be in the business of punishing adults who use cannabis responsibly."

Up to now, 19 states and the District of Columbia have legalized marijuana, and in 11 of them and DC, it was via the initiative process. We are likely to pick up several more in November. In the best-case scenario, when the dust settles after Election Day, half the states in the country will have legalized it.

A South Dakota marijuana legalization initiative draws organized opposition, Mexico's week of cartel violence raises questions, and more.

Marijuana Policy

North Dakota Becomes Fifth State to Put a Marijuana Legalization Initiative on the Ballot This Year. The secretary of state's office announced Tuesday that a marijuana legalization initiative sponsored by New Approach North Dakota has qualified for the November ballot. Similar measures have already qualified for the ballot in Arkansas, Maryland, Missouri, and South Dakota, while an effort in Oklahoma awaits a final signature count. The initiative would legalize marijuana for people 21 and over. They would be able to purchase, possess, transport, and distribute up to an ounce and 500 milligrams of THC. There is also a home grow provision allowing for up to three plants. The initiative also envisions a commercial sector licensed by the Department of Health and Human Services.

South Dakota Marijuana Legalization Initiative Campaigns Sees Organized Opposition Emerge. Even as the sponsors of the IM 27 marijuana legalization initiative gear up to free the weed for the second time in two years (the 2020 victory was annulled by the state Supreme Court at the behest of GOP Gov. Kristi Noem), organized opposition is emerging. In late July, a group calling itself Protecting South Dakota's Kids filed paperwork with the state as a statewide ballot question committee. It is led by Jim Kinyon, with Fred Deutsch as treasurer. Deutsch is a Republic legislator who is fiercely anti-marijuana.

"Legal marijuana will destroy our communities," says the group's web site. "Protecting South Dakota Kids is a grassroots coalition made up of concerned citizens, healthcare professionals, pastors, educators, treatment providers, law enforcement, and other professionals." But IM 27 backers don't seem too concerned: "Quite a few politicians, including Governor Noem, have realized that disrespecting the will of the people is not a great political strategy," said campaign spokesman Matt Schweich. "We want to earn every vote we can and we want to exceed the 54% outcome in 2020."

Law Enforcement

Appalachian Senators Call for More Drug War. In a Tuesday letter to Dr.Rahul Gupta, Director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), a bipartisan group of senators from Appalachian states called for "additional assistance to combat drug-trafficking in the Appalachian region." The letter was signed by U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), Sens. Joe Manchin (D-WV) and Shelley Moore Capito (R-WV), and Sens. Marsha Blackburn and Bill Hagerty (both R-TN). They want more resources and more designations of High Intensity Drug Trafficking Areas (HIDTAs).

"These additional federal resources, allocated to areas deemed as critical drug trafficking regions, are essential in eliminating drug trafficking and its harmful consequences. ONDCP has the statutory authority to create new HIDTAs and add new counties to existing HIDTAs once it has received a formal petition from a coalition of law enforcement agencies," the senators said in a press release. "Despite the enormous need, historically the Appalachian HIDTA has only gained approval for approximately 30 percent of petitions submitted. In the most recent round of designations, no counties within the Appalachian HIDTA -- which encompasses Tennessee, Kentucky, West Virginia, and Southwest Virginia -- received the sought-after designation. This fact, juxtaposed with the region's manifest need, suggests strongly that the process of awarding needs to be revisited."

International

Mexico's Week of Cartel Violence Shakes Administration. Last week was a week of chaos as Mexican drug cartels ran amok in Tijuana and Ciudad Juarez as well as in the states of Coahuila, Guanajauto, and Jalisco, and that has left the government of President Andrés Manuel Lopez Obrador (AMLO) looking for answers. AMLO himself suggested the attacks were part of a political conspiracy: "I don't know if there was a connection, a hidden hand, if this had been set up," he said. "What I do know is that our opponents, the corrupt conservatives, help in the black propaganda."

Defense Secretary Luis Crescencio Sandoval claimed the cartels lashed out because they feel they have been weakened. That may be a more plausible explanation than AMLO's. While AMLO took office in 2018 pledging "hugs not bullets" for violent drug trafficking organizations, in the past year his strategy has shifted Last year, Mexican soldiers were criticized for simply sitting in their bases and watching as cartels battled each other, but this year has seen more attempt to capture major traffickers, including the capture of Rafael Caro Quintero, and more meth lab busts.

"There has been a change in the strategy in fighting drug cartels. Andrés Manuel has been very much criticized recently for his 'hugs, not bullets strategy," security analyst David Saucedo said. "I think that due to pressure from Joe Biden, he is changing that and agreeing to capture high-profile drug traffickers. The narco-terrorism of the Jalisco New Generation Cartel is a reaction to the president's change in strategy," Saucedo said. "If the Mexican president continues with this strategy of capturing high-ranking members of the Jalisco cartel, the Jalisco cartel is going to respond with acts of narcoterrorism in the states it controls as part of its vast empire."

Maryland officials finalize the ballot language for a marijuana legalization referendum, a Florida marijuana legalization bill dies without a hearing, and more.

Marijuana Policy

Arkansas Supreme Court Puts Marijuana Legalization Initiative Back on the Ballot, But Votes May Not Be Counted Pending Final Ruling. The state Supreme Court on Wednesday ordered the secretary of state to certify a marijuana legalization initiative for the November ballot. The ruling came after the initiative's sponsor, Responsible Growth Arkansas, sued the state Board of Election Commissioners for removing it from the ballot even though it had garnered enough valid voter signatures to qualify. The board said it declined to certify the measure because the ballot title and popular name for the measure was misleading. While voters will have the chance to vote on it come November, their votes may not count. The court has not made a final decision on the merits of the election board's refusal to certify the initiative, and if it rules in favor of the board, those votes will be null and void.

Florida Marijuana Legalization Bill Dies Without Hearing. A marijuana legalization bill filed state Reps. Carlos Guillermo Smith (D) and Michael Grieco (D) has died in the House without a hearing. House Bill1117would have legalized up to 2.5 ounces for people 21 and over and allowed for the home cultivation of up to six plants. "It's no surprise the Republican controlled legislature doesn't want to legalize adult-use cannabis," Smith says. "They didn't want medical cannabis either, but 71% of voters disagreed. And just like they did with medical cannabis, eventually the voters will overrule the legislature. It's not if, but when. Unless of course, the legislature succeeds in making it harder for voters approve citizen-led constitutional amendments, as they are currently trying to do with HB 7111 and HJR 57. Floridians need to get woke."

Maryland Officials Certify Final Text of Marijuana Legalization Ballot Question. After the legislature approved two marijuana bills earlier this year, voters will have the chance to vote on marijuana legalization in November, and now election officials have finalized the language of the ballot question that voters will be asked: "Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1, 2023, in the State of Maryland?" Meanwhile, the Department of Legislative Services has published a summary of the question for the ballot that describes its legislative history, details current marijuana laws, and notes that 18 other states have already legalized marijuana.

Massachusetts: Governor Signs Bill Creating "Social Equity Trust Fund" for Aspiring Marijuana Businesses. Gov. Charlie Baker (R) has signed into law Senate Bill 3096, which seeks to promote greater diversity among those participating in the state's licensed marijuana industry and lays the groundwork for the establishment of on-site marijuana consumption facilities. Specifically, the measure creates a "Cannabis Social Equity Trust Fund to encourage the full participation… of entrepreneurs from communities that have been disproportionately harmed by marijuana prohibition and enforcement." Money in the fund "shall be used to make grants and loans, including no-interest loans and forgivable loans, to social equity program participants and economic empowerment priority applicants." In addition, the bill provides guidance for the eventual licensing of onsite adult-use consumption facilities.

Psychedelics

California Bill to Legalize Some Psychedelics Set for Assembly Floor Vote. A bill that would legalize some psychedelic substances, including DMT and psilocybin mushrooms, and which has already passed the Senate is now headed for an Assembly floor vote. Senate Bill 519, filed by Sen. Scott Wiener (D-San Francisco), passed its final hurdle before a floor vote by being approved in the Assembly Appropriations Committee Thursday. The bill would legalize the possession of 2 grams of DMT, 15 grams of ibogaine, 0.01 grams of LSD, 4 grams of mescaline, 2 grams of psilocybin or 4 grams of psilocybin mushrooms, and 4 grams of MDMA.

San Francisco Supervisors File Lowest Law Enforcement Priority Psychedelic Measure. City lawmakers have filed a measure that would effectively move the city toward psychedelic decriminalization. It is not a legalization or decrim bill, but a lowest priority bill. The measure reads as follows: "City resources not be used for any investigation, detention, arrest, or prosecution" related to use of Entheogenic Plants listed on the Federally Controlled Substances Schedule 1 list." The bill is sponsored by Supervisors Dean Preston (District 5) and cosponsor Supervisor Hillary Ronen (District 9).

Missourians will be voting on whether to free the weed in November. On Tuesday, Secretary of State John Ashcroft certified that an initiative in the form of a constitutional amendment to legalize marijuana had turned enough valid voter signatures in to qualify for the ballot.

That means voters in a trio of states will have their say on marijuana legalization in November. Similar initiatives in Maryland and South Dakota have already been approved. And there could be more: Signatures for initiatives have already been turned in and are awaiting verification in North Dakota and Oklahoma, and Arkansas activists qualified for the ballot, too, only to see their efforts thrown out over the ballot title. They are appealing that decision.

"I encourage Missourians to study and educate themselves on any ballot initiative," Ashcroft said in a press release. "Initiative 2022-059 that voters will see on the November ballot is particularly lengthy and should be given careful consideration."

According to Legalize Missouri 2022, the group behind the initiative, it would allow "Missourians 21 years and older to possess, purchase, consume and cultivate marijuana," as well as providing for the automatic expungement of nonviolent marijuana-related offenses. People would be able to possess up to three ounces and grow up to six flowering plants, along with six immature plants, and six clones.

The initiative would tax retail sales at 6 percent, with localities allowed to add a 3 percent sales tax. It also gives cities and counties the option of disallowing retail sales via a popular vote.

The measure also "seeks to broaden industry participation by small business owners and among disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans, and those previously convicted of nonviolent marijuana offenses." It would also allow existing medical marijuana operations to seek recreational sales licenses beginning December 8, with regulators allowed up to 60 days to approve them, giving them an effective head-start on newcomer competitors.

"Our statewide coalition of activists, business owners, medical marijuana patients and criminal justice reform advocates has worked tirelessly to reach this point, and deserves all the credit," said John Payne, Legal Missouri 2022 campaign manager said in a press release on Tuesday. "Our campaign volunteers collected 100,000 signatures, on top of paid signature collection. That outpouring of grassroots support among Missourians who want to legalize, tax and regulate cannabis made all the difference."

The National Organization for the Reform of Marijuana Laws (NORML) and its state chapter supported the initiative and were part of that coalition.

"NORML's Chapter leaders in Missouri played a major role in writing this initiative so that cannabis consumers' interests are protected," Missouri NORML Coordinator and Legal MO '22 Advisory Board Chair Dan Viets said.

And national NORML was optimistic about November.

"Recent polling reveals that a majority of Missouri residents are ready and eager to end their state's failed marijuana prohibition," NORML Executive Director Erik Altieri said. "That is because Missourians, like the overwhelming majority of all Americans, recognize that prohibition is a disastrous and draconian practice best cast into the waste bin of history. Voters in the Show Me State want a sensible policy of legalization and regulation, and that is why we expect that they will overwhelmingly vote 'yes' on this initiative this fall."

But not everybody in the Missouri marijuana community is happy. The pro-legalization and criminal justice reform group Great State Strategies, led by lobbyist Eapen Thampy, has come out against the measure because it includes some criminal penalties, such as for smoking in a public place, and because of complaints over licensing.

"We oppose this initiative because it would create constitutional criminal penalties for marijuana possession and use and furthermore excludes those with felony marijuana charges from automatic expungement or release from prison," Thampy said in a statement. "Their licensing scheme is racist and offensive: instead of opening up the free market they create a second class, Jim Crow licensing structure that will be easily rigged by the major industry players."

Similarly, the Missouri Marijuana Legalization Movement said it planned to campaign against the initiative, also citing the criminal penalties, as well as fears that giving the existing medical marijuana industry the first crack at recreational licenses would give it too much control over adult-use marijuana.

"Here we are still putting people in jail over dime bags while these rich men are making millions of dollars under these dispensaries and grow facilities," group founder Tim Gilio said.

Whether the concerns of the disgruntled activists will resonate with the voters remain to be seen, but now, the Show Me state has the chance to show the rest of the country where it stands.

A Florida marijuana legalization initiative campaign aimed at 2024 gets underway, a Colorado natural psychedelic initiative comes up short, and more.

Report: Spike in Marijuana Positives Fueling Truck Driver Shortage, Supply Chain Disruptions. Amid chronic shortages of long-haul truck drivers, federal data from the Department of Transportation (DOT) shows that more than 10,000 truck drivers have been ordered off the road after testing positive for marijuana just between January 1 and April 1 of this year. That is a 33 percent increase over the same period in 2021. DOT's Federal Motor Carrier Safety Administration has also doubled the frequency of drug testing of truck drivers. Under federal law, CDL licensed drivers are not permitted to consume cannabis under any circumstances, regardless of whether marijuana use is legal where they live. Currently, more than 89,000 commercially licensed truck drivers are barred from the road because of positive drug tests; more than half of them are for people testing positive for marijuana.

Florida 2024 Marijuana Legalization Initiative Campaign Launched. A group calling itself Smart & Safe Florida filed a marijuana legalization initiative aimed at the 2024 ballot Monday. The campaign is initially being bankrolled by Trulieve, the state's largest medical marijuana provider. The measure would legalize the possession of up to an ounce by people 21 and over and allow existing medical marijuana retailers to sell to the recreational market, which would benefit Trulieve. It includes a provision that allows for -- but does not require -- the state to issue additional retail licenses. It does not include provisions for expungement, social equity, or home cultivation. The campaign will need to come up with roughly 900,000 valid voter signatures to qualify for the 2024 ballot. Previous initiative campaigns have been rejected by the state Supreme Court, but Smart & Safe Florida says its bare-bones initiative should be able to avoid or overcome legal challenges.

Missouri Marijuana Legalization Initiative Qualifies for November Ballot. A marijuana legalization initiative sponsored by Legal Missouri 2022 has qualified for the November ballot, Secretary of State Jay Ashcroft announced Tuesday. The initiative takes the form of a constitutional amendment that would remove bans on the possession, manufacturing, and sales of marijuana from the state constitution for people 21 and over. Building on an earlier medical marijuana constitutional amendment, the measure would also increase the number of retail sales licenses. It also includes a provision for the expungement of records.

Medical Marijuana

Biden DOJ Says Medical Marijuana Patients Too "Dangerous" to Own Guns. The Justice Department on Monday sought to persuade a federal court to overturn a policy blocking medical marijuana patients from buying or owning guns. The department was responding to a lawsuit filed by Florida Agriculture Commissioner Nikki Fried and several medical marijuana users that argues that the policy deprives patients of their 2nd Amendment rights. The Justice Department told the court that it would be too "dangerous to trust regular marijuana users to exercise sound judgment" around guns. The department also argued that gun rights are reserved for "law-abiding" people, noting that marijuana remains illegal under federal law. "This memorandum uses the phrase 'medical marijuana' for convenience, but Congress has found that marijuana 'has no currently accepted medical use.'"

Psychedelics

Colorado Natural Psychedelic Decriminalization Initiative Falls Short on Signatures. Campaigners for Initiative 61, "Legal Possession and Use of Entheogenic Plants and Fungi," announced Monday that the measure would not qualify for the ballot. Monday was the last day to turn in signatures, and organizers said their all-volunteer signature-gathering campaign had come up short. Another psychedelic reform measure, Initiative 58, the "Natural Medicine Health Care Act," has already qualified for the November ballot. It would decriminalize the possession of psilocybin and allow for its use in state-regulated settings.