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Drug War Chronicle

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Washington State to Pay Out Millions to People Busted for Drug Possession [FEATURE]

The Washington Supreme Court's 2021 ruling in Washington v. Blake continues to reverberate. In Blake, the court threw out the state's drug possession law as unconstitutional because it did not require that defendants knew they were in possession of a controlled substance, overturning hundreds of thousands of drug convictions going back to the 1970s.

If you were busted for drug possession in Washington state and paid fines and/or fees, the state has some money for you. (CC)
That left the state without a felony drug possession law until the legislature acted to replace it, which it did temporarily in 2021 and permanently this year, although it required a special session of the legislature to get it done. Lawmakers could have done nothing, effectively decriminalizing drug possession, or they could have fixed the flaws in the original statute and reinstated the felony drug possession charge. Instead, they found middle ground, making drug possession a gross misdemeanor and creating a new offense of public drug use. Both offenses carry maximum jail time of 180 days and a maximum fine of $1,000.

But while the politicians and the press were embroiled in the drug possession law dilemma, another aspect of the Blake decision is just beginning to be felt, and it's going to cost state taxpayers just about $100 million. All those people convicted under the drug possession law are eligible to have their sentences vacated -- tens of thousands have already done so -- and once those convictions are vacated, so are the fines and fees associated with them, meaning the state is going to owe those people money.

To reimburse convicted drug possession offenders of the Legal Financial Obligations (LFOs) they paid, the Administrative Office of the Courts is launching what will be known as the Blake Refund Bureau. The legislature has allocated $50 million to make the refunds and another $47 million to administer the program.

"This is setting a precedent," said Robin Zimmermann, the Administrative Office of the Courts' Senior Communications Officer. "There aren't any other related cases of a state issuing hundreds, or thousands, of vacations [of convictions] and refunds at one time."

Roughly 200,000 felony drug possession convictions and tens of thousands of marijuana possession convictions could be eligible for compensation, although exact numbers are hard to come by because some people may have had more than one conviction and others may have died in the interim.

Municipal, district, and superior courts have already ordered the payment of roughly $8 million, and the Administrative Office of the Courts believes that millions more will be paid out in coming years, necessitating the creation of a specialized bureau to administer the payouts.

"The intent is to have a process that is easy to navigate and will provide for a timely response for individuals to receive their refunds," said Sharon Swanson, the Blake Implementation Manager for the Administrative Office of the Courts.

The Blake Refund Bureau, which is set to be up and running by next month, will create an online portal accessible to the public via a link on www.courts.wa.gov. The refund bureau will provide individuals who have had their Blake convictions vacated a self-navigable database to determine if they have refunds related to their convictions. Refund requests will be submitted through an online application. Once the application has been received and an amount of refund is confirmed by the court, a refund will be issued.

"The Administrative Office of the Courts is dedicated to working with our justice partners to help inform the vast and diverse Blake-impact population across Washington State about the potentially life-changing relief opportunities now available to them -- collectively working to foster fresh starts and make people whole again," said Dawn Marie Rubio, Washington State Court Administrator.

The Office of Public Defense is doing its part with a web site, State v. Blake (wa.gov), with resources and information about how to get drug possession convictions off your record, the first step in the process of getting compensation for LFOs you paid.

The state of Washington is breaking new ground in righting old wrongs. If that means taxpayers have to pay for the sins of their fathers, so be it.

MA Natural Psychedelic Bills Get Hearing, Big Rise in Psychedelic Use in Young Adults, More... (5/14/23)

Alabama issues its first medical marijuana licenses, the British Home Office is messing with festival drug checking, and more.

Magic mushrooms -- objects of medical, legislative, and recreational interest. (Creative Commons)
Medical Marijuana

Alabama Awards First Medical Marijuana Licenses. The state Medical Cannabis Commission on Monday awarded 16 licenses for the cultivation and distribution of medical marijuana, leaving four out of five applicants out of luck. But there are more licenses to come.

The commission can grant up to 12 licenses for cultivation, four for processing, and four for retail sales. It can also grant up to five licenses for integrated facilities (combined cultivation, processing, and distribution operations), each of which can operate up to five dispensaries.

"To the recipients, let me say that we look forward to working with you in a partnership manner in which all you know what lies ahead," said John McMillan, the Commission's director.

The legislature approved medical marijuana in 2021, but a bill authorizing the program did not allow for licenses to be issued until September 2022. But the Medical Cannabis Commission only began accepting applications late last year.

Psychedelics

Massachusetts Psychedelic Reform Bills Get Hearing. The Joint Committee on the Judiciary held a hearing Tuesday on several psychedelic reform bills.

House Bill 3589, from Rep. Nicholas Boldyga (R), would legalize plant medicines for people 21 and over, while House Bill 1754 and Senate Bill 1009, from Rep. Lindsay Sabadosa (D) and Sen. Pat Jehlen (D), respectively, would expand the use of plant medicines to people 18 and over.

"Massachusetts has the opportunity to lead the way in the mental health revolution," Boldyga said. "It's been said an idea whose time has arrived cannot be stopped... I believe that time is now for these life-saving plant medicines as a new paradigm in how we view, and understand, and treat mental health is upon us."

No votes were taken.

Dramatic Rise in Hallucinogen Use Among Young Adults. Based on the results of the annual Monitoring the Future survey of young adults, researchers are reporting that the use of psychedelics other than LSD had nearly doubled between 2018 and 2021. Past-year use of psychedelics was 3.4 percent in 2018, jumping to 6.6 percent in 2021. During the same period, LSD use was fairly stable, rising from 3.7 percent in 2018 to 4.2 percent in 2021.

"While non-LSD hallucinogen use remains substantially less prevalent than use of substances such as alcohol and cannabis, a doubling of prevalence in just three years is a dramatic increase and raises possible public health concerns," coauthor Megan Patrick, PhD, with the University of Michigan Institute for Social Research, Ann Arbor, said in a news release.

International

British Home Office Blocked Festival Drug Checking Last Weekend. British festival organizers are raising cries of alarm after the Home Office blocked drug checking at the Parklife festival in Manchester last weekend because it said festival organizers needed to apply for a special license to provide drug checking services, a proven harm reduction intervention.

It was the first time drug checking did not take place at the festival since 2014 and it happened because the Home Office suddenly introduced the separate licensing requirement.

"Events at this year's Parklife are extremely worrying for everyone in the industry, and even more importantly festivalgoers," said Melvin Benn, the managing director of Festival Republic, which runs Leeds and Reading festivals. "If festival organizers fear their safeguarding measures will be pulled at the 11th hour, then how can we guarantee the wellbeing of our guests?"

In a terse response to criticism, the Home Office said: "Anyone interested in undertaking lawful activities involving the possession, supply or production of controlled drugs, including those who wish to provide drug testing services, need to apply for a Home Office license. Festival organizers in consultation with local partners are responsible for decisions relating to drug testing at festivals. We will continue an open dialogue with prospective licensees throughout the festival season."

But festival organizers say it can take more than three months and more than $3,000 to get a Home Office license.

NV Lawmakers Approve Legal Pot Reform Bill, Peru Blows Up Cocaine Air Strips, More... (6/13/23)

Missouri NORML is threatening recalcitrant rural counties with court orders over their failure to get expungements done, a pair of senators file a bill to fight Mexican cartels by increasing southbound inspections near the border, and more.

Futile pursuits. Peruvian troops blow up a clandestine air strip used in the cocaine trade. (Peru Interior Ministry)
Missouri NORML Threatens Court Order Against Counties for Failing to Meet Expungement Deadline. Last Thursday was the deadline for counties to expunge all misdemeanor marijuana cases, but several rural counties failed to meet that deadline, and now Missouri NORML is threatening to seek a court order to force them do so.

The expungement provision was part of last November's Amendment 3 marijuana legalization initiative, but some of those counties have made little or no effort to comply, said Missouri NORML spokesman Dan Viets. "Many rural counties did not have a majority in favor of Article 14. In some cases, I think we are seeing a reflection of that fact in the reluctance of county officials to follow the constitution. Once the deadline has passed, there certainly is a basis for seeking a court order that the lower courts comply with the constitution. This is not a discretionary matter. It's not a matter of choice. It's a matter of mandate."

Nevada Legislature Approves Omnibus Marijuana Reform Bill. Lawmakers last week gave final approval to an omnibus marijuana law reform bill, Senate Bill 277, and sent it to the desk of Gov. Joe Lombardo (R). The bill revises upward the amount of weed a person can buy or possess from one ounce to 2.5 ounces and doubles the amount of allowable concentrates from one-eighth ounce to one-quarter ounce. The bill also gives medical marijuana dispensaries new flexibility to serve adult use customers.

Drug Policy

Senators Hassan, Lankford Introduce Bipartisan Bill to Combat Drug Cartels by Increasing Southbound Border Inspections US Senators Maggie Hassan (D-NH) and James Lankford (R-OK), both members of the Senate Homeland Security and Governmental Affairs Committee, introduced bipartisan legislation to increase inspections of traffic going from the US to Mexico, which would help combat the flow of illicit firearms and money that fuel drug cartels.

"Shutting down drug cartels requires disrupting the supply chains that bring illicit guns and cartel profits from the US to Mexico," Senator Hassan said. "By significantly increasing inspections of southbound traffic at the Southern border, this bipartisan legislation will crack down on fentanyl and other drug trafficking and help save lives. I will continue working to address the opioid crisis that is devastating New Hampshire and urge my colleagues to join this important legislation."

Specifically, the bipartisan Enhancing Southbound Inspections to Combat Cartels Act would:

1. Require that at least 20 percent of southbound vehicles are inspected, to the extent practicable.

2. Authorize at least 500 additional Customs and Border Protection officers to assist with southbound inspections.

3. Authorize at least 100 additional Homeland Security Investigations agents.

4. Authorize 50 additional x-ray inspection systems for southbound inspections.

International

Peru Blows Up Clandestine Air Strips Used in Cocaine Trade. The government of embattled President Dina Boluarte continues to wage the war on drugs, proudly reporting that authorities have destroyed 18 clandestine air strips used to move coca leaf and cocaine from the Peruvian jungle into neighboring countries and Europe. The Peruvian National Police say their goal is destroy 30 air strips by year's end.

"The majority of these airstrips are located in very remote places and are guarded by heavily armed men. They generally extent more than 1 kilometer," said Pedro Yaranga, a Peruvian narcotrafficking and terrorism expert. "Most of the narco planes come from Bolivia. They also send drugs to Paraguay and some border areas of Brazil, with Europe as the final destination."

The strips were destroyed in the departments of Pasco, Huánuco, and Ucayali, where authorities also deployed monitoring and intelligence operations.

Call for Clemency for Crack Cocaine Prisoners, US Citizen Arrested on Drug Charges in Moscow, More... (6/12/23)

Florida's attorney general has a couple more weeks to try to take down a marijuana legalization initiative, Jammu & Kashmir cracks down on opium cultivation, and more.

The Mexican military is under scrutiny for the apparent execution of five men in Nuevo Laredo. (Creative Commons)
Marijuana Policy

Florida Supreme Court Grants Attorney General Two-Week Extension to Submit Brief Opposing Marijuana Legalization Initiative. The state Supreme Court last Friday granted Attorney General Ashley Moody (R) a two-week extension to submit her brief opposing the marijuana legalization constitutional amendment from Smart & Safe Florida. The initiative campaign has already gathered enough valid voter signatures to qualify for the November 2024 ballot, but Moody will argue that it violates the state's constitution's single-subject rule for ballot measures.

Clemency and Pardon

Faith and Justice Organizations Urge Biden to Grant Clemency for People Sentenced Under Crack Cocaine Guidelines. Thirteen faith and justice organizations have sent a letter to President Biden urging him to grant clemency to people convicted of federal crack cocaine offenses. The signers include the American Civil Liberties Union, NAACP Legal Defense and Educational Fund, Inc. (LDF) and Drug Policy Alliance, while faith organizations include the Jewish Council for Public Affairs, the Multifaith Initiative to End Mass Incarceration and the National Council of Churches.

"It is unacceptable that we know of glaring injustices in our criminal legal system, but see little action from those with the responsibility to change the law," the organizations wrote. "[Y]ou have the power of executive clemency to grant pardons and commutations to thousands of people impacted by unjustly punitive crack cocaine sentencing guidelines."

Under the 1986 Anti-Drug Abuse Act, enacted in a moral panic after the cocaine overdose death of basketball star Len Bias, a person found with five grams of crack faced the same sentence as one found with 500 grams of powder cocaine, a 100:1 sentencing disparity, even though there is no chemical difference between the two forms of the drug. The Fair Sentencing Act of 2010 reduced the disparity to 18:1 and under President Biden's direction, and prosecutors were instructed by Attorney General Merrick Garland to not automatically charge crack and powder cocaine offenses differently.

Still, "[t]housands of people are serving out harsh, unjustifiable sentences because of the crack disparity, while thousands of others still face legal discrimination from governments, landlords, and employers because of a criminal record for a federal crack conviction."

Foreign Policy

US Musician Arrested on Drug Charges in Russia. Travis Michael Leake, a US citizen long resident in Moscow who has been involved in the music scene in the Russian capital, has been arrested on drug charges as the US and Russia face their deepest diplomatic crisis in a generation. He appeared in court Saturday on drug trafficking charges "involving young people" and will be held behind bars at least until August 6, when he faces his next court appearance.

The State Department said officials were aware of reports that a US citizen was detained in Moscow, adding that the department "has no higher priority than the safety and security of U.S. citizens abroad." The agency declined to provide further details, citing privacy considerations.

Leake becomes at least the third US national to be arrested in Russia since the Russian military invaded Ukraine in February 2022, after Wall Street Journal reporter Evan Gershkovich and WNBA star Brittney Griner. Griner was released in a prisoner swap after serving nearly a year in a Russian prison, while Gershkovich remains behind bars awaiting trial.

International

Jammu and Kashmir in Crackdown on Opium Cultivation. Law enforcement authorities have destroyed 150 acres of opium poppy crops since April 2023 as part of the government's "act tough policy" against a rising "drug menace."

"On a vast scale, we have damaged the poppy crop. Eighteen FIRs [investigative files] have been recorded thus far this year. Majority of the poppy is grown in Kulgam and other districts of south Kashmir, where our teams are constantly monitoring the situation," said Excise Commissioner Pankaj Sharma. "We are taking action as well as destroying the poppy wherever it is being cultivated to send a deterrent to people indulging in this thing."

The law enforcement agencies continue to combat the problem of illegal marijuana and opium growing at a local level. "Under the NDPS Act [drug law], we are arresting people found indulging in drug trafficking as well as cultivation of poppy," a Police official said. "Drug traffickers will be dealt with harshly, and no one will be spared. According to the NDPS Act, we will begin attaching the property of drug traffickers."

Mexican Soldiers Caught on Video Executing Five Alleged Cartel Members Will Face Military Justice, Defense Department Says. Mexico's defense department announced Saturday that 16 soldiers will face military charges in the killing of five men in the border city of Nuevo Laredo last month. They are being held in a military prison in Mexico City and face charges of violating "military discipline" in the executions, which were caught on security camera video.

The military trial is independent of any charges that could be brought by civilian prosecutors. Under Mexican law, soldiers accused of abusing civilians must be tried in civilian courts, but can also be tried in military tribunals.

"Apparently this was an execution, and that cannot be permitted," President Andrés Manuel López Obrador said Wednesday during his daily news briefing. "Those responsible are about to be turned over to the appropriate authorities. "This incident is the second mass killing of civilians by the military in Nuevo Laredo this year. On February 26, soldiers shot and killed five young men riding in a vehicle who were unarmed. Angry neighbors then attacked the soldiers, beating some of them. Federal prosecutors have filed homicide against four soldiers in that case."

NY Crackdown on Unlicensed Weed Sales, Video Captures Mexican Soldiers Killing Drug Suspects, More... (6/9/23)

American truckers are fed up with marijuana prohibition and testing policies, Rhode Island expunges 23,000 pot possession records, and more.

Still from the video showing Mexican soldiers detaining, then executing drug suspects.
Marijuana Policy

Amid Industry Labor Shortage Worsened by Marijuana Drug Testing, Truckers Say Legalize It. An analysis of marijuana testing policies in the trucking industry conducted by the American Transportation Research Institute (ATRI) finds that a strong majority of truckers say federal marijuana laws need to change and most say that current marijuana testing policies are driving truckers out of the industry.

"More than half of all positive trucking industry drug tests are for marijuana metabolite," which can stay in a person's systems for weeks after consuming, the report, published on Monday, says. Federal prohibition "has been highlighted as a potential disincentive for drivers to stay in the industry, and it has even been argued that loosening the restrictions on marijuana use would make the industry more attractive and widen the potential labor pool."

The report found that 72.4 percent of licensed drivers support "loosening" cannabis laws and testing policies, while another 66.5 percent said that marijuana should be federally legalized. Also, 65.4 percent of motor carriers believe that current marijuana testing procedures should be replaced with methods that measure active impairment -- not the presence of metabolites, which stay in the system long after any impairment has ceased.

New York Attempts Crackdown on Unlicensed Weed Sales. Gov. Kathy Hochul (D) announced Thursday the launch of a multi-agency initiative to stop the sale of marijuana at unlicensed storefronts. They have popped up by the hundreds in the interregnum between the state legalizing weed and the still extremely limited advent of licensed adult use marijuana sales.

The state Office of Cannabis Management and Department of Taxation and Finance conducted inspections of storefront businesses not licensed to sell marijuana and issued notices of violation and orders to cease unlicensed activity.

"New York is proud to have undertaken the most equitable legal cannabis roll-out in the nation and the State will not stand idle as unlicensed operators break the law and sell untested products to underage New Yorkers," Gov. Hochul said. "These enforcement actions are critical steps to protect and help those individuals who were promised a shot to start a legal business and be successful. Additionally, these unlicensed operators undermine the State's efforts to generate substantial funds for a social equity fund that will go into the communities that have been hardest hit by over-prosecution of the cannabis laws in the past."

Hochul signed legislation allowing for these expanded enforcement actions against unlicensed marijuana businesses to take place. The legislation allows the Office of Cannabis Management to give out civil penalties against unlicensed cannabis businesses with fines of up to $20,000 a day. It also makes it a crime to sell cannabis and cannabis products without a license.

Rhode Island Expunges 23,000 Pot Possession Charges. State court officials announced Thursday that they had complied with the state's new marijuana legalization law by expunging more than 23,000 pot possession cases. That law not only legalized marijuana, it provided for the automatic expungement of pot possession charges -- but not charges for growing or selling weed.

"The automatic expungement of marijuana charges has been an organizational feat," said State Court Administrator Julie P. Hamil. "There has been coordination at every level of the Judiciary to execute this process in a timely and holistic fashion."

International

Video of Mexican Army Executing Drug Suspects Sparks Investigation. After a video posted on social media showed a group of soldiers pulling five men from a vehicle in Nuevo Laredo, then beating them before fatally shooting them, and then staging an apparently fake shoot-out and placing weapons near the bodies of the slain men in a bid to cover their tracks, Mexican authorities are now investigating the extrajudicial execution.

The military has been accused in numerous cases of kidnapping, torturing, or killing drug suspects, especially as it plays an ever greater role in prosecuting the country's war against violent drug cartels. But it has also had an aura of impunity, with soldiers rarely facing any consequences for brutal and illegal actions.

Now, President Andres Manuel Lopez Obrador has weighed in, saying: "Apparently, there was an execution, which cannot be allowed. We are not the same as the previous governments. So, when there is abuse, when there is an excess, when human rights are violated, those responsible must be punished. And the process to deepen the investigation has already begun. There is no cover-up because we do not tolerate the violation of human rights."

Time will tell about that.

SAFE Banking Act to Get Committee Vote Soon, Study Finds Opioid Busts Could Increase ODs, More... (6/8/23)

A federal bill to fund university research on medical maerijuana gets filed, a federal asset forfeiture reform bill moves, and more.

Overdose deaths are prompting old punitive responses and possible new, more effective responses. (Pixabay)
Marijuana Policy

SAFE Banking Act to Get Senate Committee Vote Within Weeks, Chairman Says. Sen. Sherrod Brown (D-OH), chairman of the Senate Banking Committee, has said that the Secure and Fair Enforcement (SAFE) Banking Act (S. 1323) would get a committee vote within weeks. "We’re looking at markup on the fentanyl issue, the executive compensation issue, and the Safe Banking Act issue and we want to do all that in the next two or three weeks,"Brown said.

The bill would give state-legal marijuana businesses access to the American banking system. Previous efforts to advance the bill stalled in the last few congressional sessions. But Sens. Jeff Merkley (D-OR), Steve Daines (R-MT), and Reps. Dave Joyce (R-OH) and Earl Blumenauer (D-OR) refiled the bill in their respective chambers in April.

Medical Marijuana

New Federal Bill Would Appropriate Millions for Medical Marijuana Research. This week Congresswoman Dina Titus (D-NV) and Congressman Joe Neguse (D-CO) introduced the Higher Education Marijuana Research Act of 2023, legislation that would eliminate obstacles to the academic research of cannabis, protect universities and researchers who study it, and promote the responsible study of marijuana.

While 38 states have legalized marijuana for medicinal use and 23 states including Nevada and Colorado have legalized it for recreational use, myriad federal rules and regulations create barriers to academic research. The bill would establish a new grant program within the National Institutes of Health to fund studies assessing cannabis’ medical benefits. It would appropriate up to $150 million in federal funding for university-sponsored medical cannabis research. The legislation also permits academic institutions to purchase state-licensed cannabis products for the purpose of "biological, chemical, agricultural, or public health research."

Asset Forfeiture

House Judiciary Committee Subcommittee Approves Asset Forfeiture Reform Bill. The House Judiciary Committee's Subcommittee on the Constitution and Limited Government on Tuesday voted to advance the Fifth Amendment Integrity Restoration (FAIR) Act of 2023 (HR 1525). The bill passed the subcommittee with bipartisan support and now awaits a full committee vote.

The bill would require that before seizing cash or property law enforcement show "a substantial connection between the property and the offense" and that the owner "used the property with intent to facilitate the offense" or "knowingly consented or was willfully blind to the use of the property by another in connection with the offense."

The bill would also eliminate the "equitable sharing" program under which state and local law enforcement agencies circumvent state asset forfeiture laws by turning cases over to the feds, who return 85 percent of the proceeds to the state or local law enforcement agency. And it would require that seizures be approved by a federal judge, not an administrative agency, such as the DEA, and that any funds go to the Treasury's general fund, not the fund of the seizing agency.

Drug Policy                                                       

Wisconsin Legislature Approves Bill to Increase Penalties in Overdose Deaths. With a final vote in the Assembly Wednesday, the legislature has approved a bill that increases maximum prison sentences for people who produce or sell drugs that cause another person's death, Senate Bill101. The bill would increase the maximum penalty from 25 years to 40 years in prison and increase the maximum period of supervision from 15 years to 20 years.

The bill comes as the state reported a record high number of overdose deaths in 2021 and easily passed both chambers. The only opposition to the bill comes from the ACLU of Wisconsin

"While reducing rates of overdose deaths is certainly an urgent priority, SB 101 won't alleviate the crisis," ACLU of Wisconsin policy analyst Jon McCray Jones said. "An extensive body of research - as well as our own lived experiences - tells us that punitive drug laws don't reduce drug use, substance abuse disorder, or overdoses."

Law Enforcement

. A new study found that when law enforcement agencies seize illicit opioids, fatal overdoses in the vicinity of the seizure increase over the next three weeks.

"This casts doubt on the core assumption of state and federal drug policy and suggests that police officers intending to protect the public’s health and safety may be inadvertently exacerbating harms such as fatal overdose," the study’s authors wrote.

The report does not say that drug raids caused the uptick in overdoses, but one of the study’s authors laid out a potential reasoning in a tweet: a person addicted to drugs does not simply stop using because police disrupt their supply. Instead, they go into withdrawal. They get more and more desperate, more willing to acquire drugs from dealers they don’t know. By the time they get new drugs, their tolerance likely decreased, putting them at risk of an overdose.

"Unknown tolerance, unknown potency, reduced risk aversion, and no margin for error in safely dosing fentanyl can all lead to increased fatal overdose observed in our study," Brandon del Pozo, an assistant professor of health services, policy and practice and an assistant professor of research at Brown University, wrote on Twitter.

Almost 1 million people have died from an overdose across the US in the past 20 years. The report proposes forming public safety partnerships where organizations can step in and assist people who use drugs after police perform a seizure; such groups could provide overdose prevention services, outreach and refer people to care.

"As drug markets become less predictable and morbidity and mortality among people who use drugs increases, it is critical that communities not only create low barrier access to evidence-based treatment but also implement harm reduction strategies that directly address supply-side drivers of accidental overdose," the report reads. "Naloxone distribution, drug-checking, and overdose prevention sites are strategies first developed and implemented by people who use drugs that can be facilitated or enhanced by law enforcement cooperation through exceptions or ‘carve-outs’ of drug criminalization to protect public health."

Chronicle Book Review: Can Legal Weed Win?

Can Legal Weed Win? The Blunt Realities of Cannabis Economicsby Robin Goldstein and Daniel Sumner (2022, University of California Press, 211 pp., $24.95 HB)

California has the world's largest legal marijuana market -- and it's in trouble. The Prop 64 initiative that legalized weed in the Golden State in 2016 was written without serious input from people already in what was a thriving gray market and, along with a very high tax and regulatory burden and a local opt-out option, its structure wreaked havoc on players in the already-existing industry.

Now, seven years later, the gray market has largely gone away, but the black market still dominates, accounting for 60 to 70 percent of all marijuana sold in the state. Can California's legal marijuana industry survive, let alone thrive? And can the legal market ever drive out the black market?

Maybe not, the authors Can Legal Weed Win? argue in a brisk and cheeky tome that throws gallons of cold water on projections that legal marijuana is going to be a gold mine, either in California or nationally. Economists Robin Goldstein, director of the UC Davis Cannabis Economics Group and Daniel Sumner, a Distinguished Professor of Agricultural and Resource Economics apply the cold, hard principles of the dismal science to the effervescent economics of marijuana market prognostication, and the results are sobering indeed.

Using a multitude of data points from the Weedmaps dispensary and product tracker to great effect, the pair of pot economists are able to come up with figures on nationwide average retail prices ($40 an eighth ounce before taxes), the cheapest retail states (Washington, Oregon, Colorado) and a panoply of other fascinating figures. They also examine costs of doing business, such as complying with regulatory requirements and the cost of energy (especially relevant for indoor and greenhouse operations that account for the majority of legal weed).

It's bad news for the California legal marijuana industry, especially once federal legalization occurs and, presumably, a national marijuana market emerges. That is because California has high regulatory and energy costs, making it uncompetitive with lower-cost states, such as Oklahoma and, once legalization arrives in them, other Plains States.

Where there may be a place for California weed is in the high-end, location-driven market, where labels like Humboldt-grown or Sonoma sun-grown can provide the cachet to hold onto some premium market share. But if you're going to go boutique, you've got to have some mystique. Kern County Colas probably are not going to cut it.

Goldstein and Sumner also share some deflationary thoughts about the potential size of a legal national market -- especially the amount of dollars it can generate. In contrast to industry touts and giddy prognosticators who have projected that the current national legal market of about $20 billion a year will grow to $85 billion or even $130 billion by 2030, the pot economists look further out -- to 2050 -- and project that the dollar size of the market then will most likely be smaller than it is now.

That is because even though the size of the consumer market will dramatically increase, the price of weed will even more dramatically decrease. They attribute that prediction to four factors: the impact of national legalization, a legal national and even international weed trade, technical innovation, and the application of agribusiness techniques (scale, specialization, financing, and management improvements). Trade and efficiency are going to drive prices into the ground, maybe not as low as the $20 a pound producers can get for dried organic parsley or the $10 a pound that fancy tea fetches but much closer to $100 a pound than the much higher pound prices used to make those rosy projections.

As Goldstein and Sumner sum up: "Prices will fall. Be ready."

As for winning over the black market, that may be the only way to do it -- with prices so low there is not enough profit for black marketeers to compete. Because otherwise, if legal prices remain higher than black market prices (as they are now), most consumers are going to stick with that guy they've been getting weed from for years.

This is a fun book. It is irreverent and breezy but based on hard numbers and the laws of economics, and it is full of strategems to try to survive what is going to be a turbulent industry. If you are interested in how legal marijuana works, you want to read this book; if you are in the marijuana business or thinking about investing in it, you need to read this book.

Seattle Rejects New Drug War Bill, Colombia One Vote Away from Legalizing Weed, More... (6/7/23)

British Colombia is reviewing its safe supply drug policy with an eye toward expansion, Berlin officially launches a drug checking program, and more. 

Legal weed is now just one Senate vote away in Colombia. (Creative Commons)
Drug Policy

Seattle City Council Narrowly Rejects Return to Drug War Policies. The city council on Tuesday voted 5-4 to reject a bill, CB 120586, that would have allowed City Attorney Ann Davison to prosecute drug possession and public drug use cases for the first time in city history. The bill would have put the city in line with a new statewide misdemeanor drug possession law.

Now, misdemeanor drug cases in the city will most likely not be prosecuted at all. The other option for prosecuting such cases would have been for the King County prosecutor's office to take them on, but King County Prosecutor Leesa Manion told the council her office's current contract with the city does not allow for that and even if it did, she does not have the staff to handle such cases.

International

British Columbia is Reviewing Safe Supply Policies with Eye to Expanding Them. The Canadian province's chief medical officer says it program to prescribe a safe supply of drugs to some drug users is being reviewed as officials decide whether it should be expanded to cover more people and make more drugs available. Provincial Health Officer Dr. Bonnie Henry said under the current model drugs have to be distributed in a clinical setting, and that may be discouraging more people from participating.

Dr. Henry said she wants to examine whether the program  should include greater access to opioid alternatives other than hydromorphone – the medication currently most commonly used in such programs. She cited concerns that hydromorphone is not meeting the needs of drug users who have been exposed to a much more toxic and contaminated supply.

She is also looking at whether there are alternatives to the medical model for people seeking a safe supply of drugs. She gave no timeline for completion of the review.

Colombian Senate Approves Marijuana Legalization with One More Vote to Go. A marijuana legalization bill won its penultimate vote in the Senate Tuesday, leaving the bill just one vote away ending pot prohibition. But concerns are rising that unrelated political controversies could derail the effort as legislative deadlines loom increasingly large.

The bill has already cleared the lower chamber and a final Senate vote is set for next week, but if the bill is amended, lawmakers would have only another week to reconcile the bill with the version passed by the Chamber of Deputies before the session ends.

Berlin Launches Drug Checking Program. City officials have launched a drug checking program where people can get their drugs tested anonymously and at no cost. Authorities said the program had two goals: harm reduction for drug users and detecting drug consumption trends. The program will be run by the State Institute for Forensic and Social Medicine and will include three centers where people can drop off their drugs and get results and advice three days later.

"In our opinion, drug checking is successful if we can avoid damage to health and if we, as drug help, reach users who would otherwise not be reached by drug help or who would be reached much too late," said the pharmaceutical director of the project, Tibor Harrach.

Taliban Opium Ban is Working, New Coalition Pushes for Weed Rescheduling, More... (6/6/23)

White House holds summit on reducing overdose toll, Nevada psychedelic study bill goes to governor, and more.

Opium poppies are becoming a rare sight in Afghanistan after the Taliban ban. (UNODC)
Marijuana Policy

New Coalition of Major Marijuana Groups Launches Push for Scheduling Reform. A new coalition of marijuana companies and advocacy groups calling itself the Coalition for Cannabis Scheduling Reform announced Tuesday that it is launching a campaign to reschedule marijuana even as it pushes for full-on legalization. The group will work with advocates, stakeholders, lawmakers and administration officials to promote education about the need to remove marijuana from Schedule I of the Controlled Substances Act (CSA).

That is a less bold position than that held by advocacy groups calling for outright legalization, but the coalition says that moving marijuana to Schedules III, IV or V of the CSA would still represent "historic progress." that shouldn’t be discounted.

The coalition includes Acreage Holdings, American Trade Association for Cannabis & Hemp (ATACH), Columbia Care, Cresco Labs, Curaleaf, Dutchie, Green Thumb Industries, Marijuana Policy Project, National Cannabis Roundtable, Scotts Miracle-Gro, US Cannabis Council, Weldon Project, and Vicente LLP.

Advocates of full-on legalization warn that placing marijuana in another, less restrictive schedule (as opposed to completely descheduling it) could wreak havoc in existing legal marijuana markets and lead the way to further big business consolidation within the industry.

Psychedelics

Nevada Assembly Approves Psychedelic Task Force Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed  the Assembly on Sunday. When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness." The bill now goes to the desk of Gov. Joe Lombardo (R).

Drug Policy

At White House Summit, Biden Administration Vows Renewed Effort to Fight Drug Overdoses. At a White House summit held jointly with public health officials from Canada and Mexico, the Biden administration vowed to improve its fight to combat drug overdoses, which took 109,000 lives last year. Administration officials pledged a multifaceted approach to tackling illicit drugs, especially fentanyl.

"Today's summit is needed because the global and regional drug environment has changed dramatically from just even a few years ago," Rahul Gupta, director of the White House Office of National Drug Control Policy (ONDCP, the drug czar's office), told the summit. "Synthetic drugs have truly become a global threat," he added. "Today, we're here to ... look at how our collective response can be improved, and the role data collection has on saving lives," Gupta said.

International

Taliban Opium Ban Is Taking Hold. An April 2022 prohibition on opium-growing from Taliban leader Hibatullah Akhundzada did not result in significant reductions in cultivation last year, but this year is different. The BBC traveled the country, consulted with farmers, government ministers, and experts, and used satellite analysis to report the following:

"The Taliban leaders appear to have been more successful cracking down on cultivation than anyone ever has. We found a huge fall in poppy growth in major opium-growing provinces, with one expert saying annual cultivation could be 80% down on last year. Less-profitable wheat crops have supplanted poppies in fields - and many farmers saying they are suffering financially."

"It is likely that cultivation will be less than 20% of what it was in 2022," said Afghanistan drug trade expert David Mansfield. "The scale of the reduction will be unprecedented. The high resolution imagery of Helmand province shows that poppy cultivation is down to less than 1,000 hectares when it was 129,000 hectares the previous year," said Mansfield, noting that would be a 99 percent reduction in the crop in that formerly key opium-producing province.

Farmers aren't happy, though: "You're destroying my field, God destroy your home," one woman shouted angrily at a Taliban eradication unit as they razed her poppy field.

PA Makes Xylazine a Controlled Substance, Swiss Capital Wants Pilot Cocaine Sales Program, More... (6/5/23)

A Louisiana pot poll shows strong support for legalization, a California bill to allow pot shops to sell food and drink as well is moving in the Assembly, and more.

The Swiss capital, Bern, wants to start a pilot program of supervised cocaine sales. (Pixabay)
Marijuana Policy

California Assembly Approves Bill to Allow Marijuana Cafes. The Assembly last week approved Assembly Bill 374, which would allow weed retailers to offer food and drinks if they receive local approval. Alcohol sales and tobacco smoking would continue to be prohibited. The bill from Assemblymember Matt Haney (D) passes overwhelmingly on a 59-9 vote and now heads to the Senate.

"The legal cannabis industry is struggling," Haney said on the floor. "Issues like an over-saturation, high taxes and thriving black market are hurting cannabis businesses who follow the rules and pay taxes. AB 374 allows local governments to authorize the preparation and sale of non-cannabis foods and soft drinks at licensed cannabis consumption lounges," he said. "To be clear this does not allow coffee shops to sell cannabis. It allows cannabis shops to sell coffee with pre-approval from local governments. It shouldn’t be illegal for an existing cannabis business to move away from only selling marijuana and instead have the opportunity to grow, thrive and create jobs by offering coffee or live jazz. Ironically, how the law is written now, we require cannabis shops to only sell drugs," Haney said. "We believe that if these businesses want to move away from that model and sell muffins and coffee, they should be able to do that. This will support our small businesses, with local government autonomy."

Louisiana Poll Has Strong Support for Marijuana Legalization. A new poll from Louisiana State University has 70 percent of respondents saying they support legalizing the possession of "small amounts" of marijuana and 90 percent saying they support medical marijuana. Pollsters said the poll revealed a "substantial increase over the past decade in support for legalizing marijuana for recreational use."

The state has a limited medical marijuana program and decriminalized the possession of up to a half ounce in 2021, but efforts to move forward with legalization have gone nowhere in the legislature so far.

Psychedelics

Nevada Assembly Committee Approves Psychedelic Working Group Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed is first Assembly hurtle last Friday, winning approval from the Assembly Health and Human Services Committee. It now heads for an Assembly floor vote.

When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness."

Drug Policy

Pennsylvania Temporarily Makes "Tranq" Drug Xylazine a Controlled Substance. Responding to the spread of the veterinary tranquillizer xylazine into the illicit street drug market, along with the lesions it creates on users and its danger (it is often mixed with opioids but does not respond to naloxone), the Department of Health has moved to limit access to the drug by temporarily listing it as a Schedule III substance. Placing xylazine on Schedule III—as opposed to just banning it—preserves legitimate use by veterinarians and farmers.

"This action will protect veterinarians and other legitimate users and manufacturers of xylazine, which is an important medication for animal sedation, while also creating penalties for people who add illicit xylazine to the drug supply that is harming people in our communities," said Acting Secretary of Health Dr. Debra Bogen . "Our focus remains on developing strategies that help connect people with substance use disorder to treatment and other resources." 

International

Swiss Capital City Wants Pilot Program for Cocaine Sales. The city parliament has voted 43-18 to approve a motion from the Alternative Left to extend a pilot program with marijuana sales to include cocaine sales. The marijuana pilot program is set to begin this fall. City parliamentarians said supervised sales could lead to better control of the stimulant drug.

A similar proposal was narrowly rejected by the Bern parliament in 2019, but this year's version was more restrictive, winning enough support from the Social Democrats to get the measure passed—and send a strong signal to the federal government about where the capital city wants to go. 

FL Legal Pot Initiative Has Enough Signatures, Federal Military Psychedelic Research Bill Filed, More... (6/2/23)

A New Hampshire bill legalizing fentanyl and xylazine testing materials goes to the governor, Antigua and Barbuda decriminalizes marijuana and grants Rastafarians sacramental rights, and more.

Happy Rastafaris with silly dreadlock caps. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Has Enough Signatures to Qualify for the Ballot. State officials have confirmed that Smart and Safe Florida's proposed marijuana legalization constitutional amendment has handed in enough valid voter signatures to qualify for the November ballot. The group needed 891, 523 valid signatures and has so far collected 967,528.  

The campaign spent $23 million on signature gathering firms and still has $15 million in the bank after raising $38 million—all from a single source, Trulieve Cannabis Corporation, which operates in several states, including Florida.

Under the initiative, people 21 and over could possess up to three ounces of marijuana or five grams of concentrate, but not grow their own. The initiative would also create a legal, regulated marijuana market. The initiative still faces a legal challenge from Attorney General Ashley Moody (R) in the state Supreme Court.

Psychedelics

Bipartisan Federal Bill Would Provide Funds for Psychedelic Research for Members of the Military. A new bill with sponsors from both sides of the aisle, HR 3684, would create a $75 million grant program for research into psychedelics’ potential for the treatment of mental health conditions among active duty military members. The bill directs the secretary of defense to create the program funding Phase 2 clinical trials on psilocybin, ibogaine, MDMA and 5-MeO-DMT for PTSD, TBI and chronic traumatic encephalopathy, as well as for the training of practitioners to provide psychedelic-assisted therapy for active-duty members, on a yearly $15 million budget spanning FY 2024 to 2028. The bill has been referred to the House Armed Services Committee.

Harm Reduction

New Hampshire Senate Approves Fentanyl, Xylazine Test Strip Bill. The state Senate has approved a bill, House Bill 287, that would legalize materials that test for fentanyl and xylazine, an animal tranquilizer (also known as Tranq) that has entered the illicit drug supply in recent years. The bill passed the House in March and now goes to the desk of Gov. Chris Sununu (R). The original bill would have legalized all drug testing materials, but was amended to limit its scope to those for testing fentanyl and xylazine.

International

Antigua and Barbuda Decriminalizes Marijuana, Grants Rastafaris Sacramental Rights. The government of the two-island Caribbean nation has liberalized its marijuana laws, decriminalizing the possession of up to 15 grams and allowing for the home cultivation of up to four plants. The new law also grants Rastafaris the right to smoke and grow marijuana for religious purposes.

"We’re more free now," said Ras Tashi, a member of the Ras Freeman Foundation for the Unification of Rastafari, who was arrested several times for growing cannabis but refused to plead guilty because to him, "it’s a God-given plant. The government gives us our religious rights … we can come and plant any amount of marijuana … and no police can come and take up any plant. We fight for that right — and we get that right," he said.

CA Marijuana Employment Protection Bill Advances, AZ Court Expands Pot Expungements, More... (6/1/23)

Expungement moves are happening in Arizona and Louisiana, Mexico's president says he could get behind peace agreements with drug cartels, and more.

Mexico's President Lopez Obrador says he would be open to a peace agreement with drug cartels. (Creative Commons)
Marijuana Policy

Arizona Appeals Court Expands Scope of Marijuana Expungements. The state Court of Appeals ruled Tuesday that expungement can be applied to sale-related marijuana offenses as well as possession offenses. State law reads that "possessing, consuming, or transporting" up to 2.5 ounces of weed or up to six plants are offenses eligible for expungement. In the case before the court, a Maricopa County Superior Court judge ruled that an expungement request for the offense of solicitation to commit possession of marijuana for sale did not comply with the state law, but the appeals court held that the offenses of "possessing" or "transporting" marijuana included marijuana for sale and ordered the lower court to grant the expungement request.

California Senate Approves Bill Barring Employers from Asking About Past Marijuana Use. The state Senate has approved Senate Bill 700, which would bar employers from asking potential new hires about past marijuana use. The vote was 29-9. The bill builds on existing employment protections enacted last year barring employers from penalizing most workers for off-duty marijuana use. The bill now heads to the Assembly.

Louisiana Marijuana Expungement Streamlining Bill Advances. A bill to streamline expungements for first-time marijuana possession offenders, House Bill 286, has already passed the House and on Wednesday was approved by the Senate Judiciary C Committee. The next stop for the bill is a Senate floor vote. Under current law, people seeking expungement for possession of up to a half ounce of marijuana have to wait five years after conviction. This bill cuts the waiting period to 90 days. But people would have to pay up to $300 in fees for the privilege.

International

 

. Responding to an activist's open letter to drug cartels asking them to stop the practice of forced disappearances—where people are not just killed but completely erased, their bodies dissolved in acid or burned to ash, and their friends and family are left with no idea of what happened to them—President Andres Manuel Lopez Obrador (AMLO) said he would support an agreement with some of the country's most powerful and violent drug cartels  if he helped stop the violence that has wracked the country for nearly two decades.

"I agree and I hope we achieve peace – that’s what we all want," AMLO said when asked about the proposed pact. "Violence is irrational and we’re going to continue looking for peace, to achieve peace and that is what we’re doing. And if there is an initiative of this kind, of course we support it."

The number of people who have been forcibly disappeared in Mexico in the last 15 years number more than 50,000, with around 40,000 of them disappearing during AMLO's term of office. Another 30,000 a year have died in cartel violence during his term. 

The Punitive Prohibitionist Approach to Drug Use During Pregnancy is Killing Women [FEATURE]

How to deal with substance abuse during pregnancy is a fraught issue, generating harsh sanctions against pregnant women who use drugs or who lose their fetuses before birth and are drug users. According to data compiled by Pregnancy Justice, the advocacy group formerly known as National Advocates for Pregnant Women, prosecutors filed more than 1,300 criminal cases against pregnant women between 2006 and 2020, a rate of more than a hundred a year. They are almost always poor women of color.

Hardnosed prosecutors and child protection agencies enabled by state and federal laws use a number of techniques and statutes to go after pregnant women who use drugs. As compiled by the Guttmacher Institute, a research and policy group committed to advancing sexual and reproductive health and rights, they include:

  • Making drug use during pregnancy a crime. Such laws have been upheld by state Supreme Courts in Alabama and South Carolina.
  • Several states have expanded their civil child-welfare requirements to include prenatal substance use, so that prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect.
  • Some states, under the rubric of protecting the fetus, authorize civil commitment (such as forced admission to an inpatient treatment program) of pregnant people who use drugs; these policies sometimes also apply to alcohol use or other behaviors.
  • A number of states require health care professionals to report or test for prenatal drug exposure, which can be used as evidence in child-welfare proceedings.
  • To receive federal child abuse prevention funds, states must require health care providers to notify child protective services when the provider cares for an infant affected by illegal substance use.

But now, a growing number of experts, including maternal/fetal specialists, federal health officials and people who treat addiction, are saying that such responses are counterproductive. Women who feel subject to prosecution may avoid health care entirely or may shy away from interventions such as a medication-assisted treatment (MAT) with opioids such as methadone or buprenorphine, increasing their likelihood of fatal overdoses. Overdoses are a eading cause of preventable death among pregnant women.

A study published this week in the Maternal and Child Health Journal of 26 pregnant Massachusetts women found that the decision whether or not to use MAT "was entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery," according to Dr. Davida Schiff, the study author and an addiction medicine specialist at Massachusetts General Hospital in Boston. The women underwent "intense anxiety and stress" about the threat they would be reported to child protective services.

"This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said.

That someone is using drugs while pregnant "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina's Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

"Across the entire country, we're seeing a general trend toward more punitive policies, and those are kind of the policies that consider substance use during pregnancy to be child abuse or neglect," said Laura Faherty, a policy researcher at the RAND Corporation.

The head of the National Institute on Drug Abuse (NIDA), Dr. Nora Volkow, also thinks things have gone too far.

"We should remove criminalization of women who are pregnant and taking drugs," she said. "That needs to stop. We know that mortality from overdoses is greater in women that are pregnant than counterparts of the same age that are not pregnant. This is extraordinarily important because it's telling us that there's something that is making these pregnant women more vulnerable."

The need for change from punitive prohibitionist policies is urgent. A 2019 study found that the rate of opioid-related diagnoses among pregnant women more than doubled between 2010 and 2017, with ongoing research suggesting another big increase after 2017. And a 2022 study found that the number of pregnant women and new mothers dying of drug overdoses reached a record high in 2020, nearly doubling to11.85 per 100,000 from 6.56 per 100,000 in 2017.

Punitive prohibitionist policies are not working. It is time for another approach.

NH Marijuana Legalization Measure Deferred, NV Psychedelic Working Group Bill Advances, More... (5/31/23)

Health experts are speaking out about the dangers of criminalizing drug use during pregnancy, a North Carolina medical marijuana bill gets a hearing, and more.

Magic mushrooms. They could be on the agenda of a proposed Nevada psychedelic working group. (Creative Commons)
Marijuana Policy

New Hampshire Lawmakers Defer Action on Proposal for State-Run Marijuana Legalization. An effort to move forward on marijuana legalization via an amendment that would create a system of state-run pot shops in eventual combination with existing medical marijuana dispensaires has run out of steam—for now.

The House Commerce and Consumer Affairs Committee on Tuesday declined to act on that amendment, which came from Chairman John Hunt (R). Instead, the committee plans to continue working on the proposal and will create a separate, stand-alone bill, but with legislative deadlines looming, the issue will be bumped to the fall, when the legislature reconvenes, with possible floor action early in 2024.

Medical Marijuana

North Carolina Medical Marijuana Bill Gets Hearing but No Vote. The North Carolina Compassionate Care Act, Senate Bill 3, has already passed the Senate and got a hearing in the House Health Committee on Tuesday. No vote was taken. If the bill eventually passes out of the Health Committee, it then faces a trek through the Finance and  Rules committees before heading for a House floor vote.

During Tuesday's hearing, Sen. Bill Rabon (R-Brunswick) told lawmakers about how he used marijuana to help him get through chemotherapy. "That’s the only reason I’m alive today," said Rabon. "I know that tens of thousands of people in the state could benefit just as I did."

Psychedelics

Nevada Senate Approves Psychedelic Working Group Bill. The Senate on Monday approved a bill to create a new working group to study psychedelics and develop a plan for regulated access for therapeutic uses, Senate Bill 242. The bill originally would have legalized psilocybin and promoted research into it and MDMA but was pared back in committee before passing on a 16-4 vote. The bill now heads to the Assembly.

Pregnancy

Health Experts Call for Changes to Laws Around Drug Use and Pregnancy. Laws criminalizing drug use during pregnancy are deterring pregnant women from seeking help and need to be changed, health experts say. They also keep expecting mothers from using medication-assisted treatment for fear of losing custody of their newborns.

"We should remove criminalization of women who are pregnant and taking drugs," Dr. Nora Volkow, head of the National Institute on Drug Abuse (NIDA), said in an interview. "That needs to stop."

Substance use disorder "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina’s Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

Dr. Davida Schiff, addiction medicined specialist at Massachusetts General Hospital and author of a new study on the use of medication-assisted treatment (opioid maintenance) by pregnant women said their decisions were "entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery. This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said. 

MN Becomes 23rd Legal Marijuana State, OH Court Rules on Drug-Using Pregnant Women, More... (5/30/23)

A bid to condemn Canada's safe supply drug policy in British Columbia fails in Parliament, Vermont's governor signs an overdose prevention omnibus bill into law, and more.

An Ohio appeals court has ruled that pregnant women who use drugs cannot be prosecuted under a state law. (CC)
Marijuana Policy

Minnesota Becomes 23rd Legal Marijuana State. With the signature Tuesday of Gov. Tim Walz (DFL) on a reconciled bill, the state became the 23rd to legalize marijuana and the second this year. Delaware legalized it earlier this year. Passage of the bill after years of effort came after the Democratic Farm Labor Party won majorities in both houses of the legislature. Marijuana use and possession will be legalized as of August 1, but it is likely to take a year or longer to get the state's legal marijuana commerce system up and running

Harm Reduction

Vermont Governor Signs Omnibus Overdose Prevention Bill into Law. Gov. Phil Scott (R) last Thursday signed into law an omnibus overdose prevention bill, House Bill 222. The move comes as the state sees its third year in a row of record drug overdose fatalities. The bill contains measures aimed directly at reducing overdoses, such as funding to launch drug-checking services around the state and providing for liability protection. It also contains provisions aimed at breaking down barriers to receiving drug treatment, such as reducing wait times for preauthorization for medication-assisted treatment and expanding the availability of recovery and sober living homes. The measures are being funded with $8 million the state received from settlements with opioid manufacturers and distributors.

Pregnancy

Ohio Appeals Court Rules Law that Criminalizes Providing Drugs to Pregnant Women Does Not Apply to the Pregnant Woman Herself. Last week, Ohio's 5th District Court of Appeals ruled that it is not a crime for a pregnant women to administer illicit drugs to herself. The ruling came in the case of Muskingum County woman who was found guilty of violating a law that makes it a crime to "administer a controlled substance to a pregnant woman" after she confessed to injecting fentanyl in the hospital parking lot before entering the hospital to deliver her baby. In overturning the verdict, the appeals court held that the administration of drugs must be done by another person—not the pregnant woman herself. As a result, similar cases against four other women have been suspended and the woman in the original case has been released from prison. Prosecutors say they will appeal.

International

Canadian Conservatives' Motion to Condemn Liberals' Safe Supply Drug Policies Fails. A motion from Conservative Party Leader Pierre Poilievre to condemn the Liberal federal government's drug policies, and especially its decision to fund the supply of pharmaceutical alternatives as alternatives to illicit street drugs in the province of British Colombia, failed to pass in the House of Commons last Friday. BC's safe supply approach comes as some 35,000 Canadians have died of drug overdoses since 2016. Poilievre argued that the "tax-funded drug supply" fueled addiction rather than recovery and suggesting diverting money from that program into drug treatment. His motion called on the House to "immediately reverse its deadly policies and redirect all funds from taxpayer-funded, hard drug programs to addiction, treatment and recovery programs." But the House didn't buy it. 

House Passage of HALT Fentanyl Act Slammed, DEA Jerks Opioid Distributor's License, More... (5/26/23)

The Louisiana House votes to radically quicken expungements for pot possession offenses, a Texas medical marijuana bill is dead in the water in the state Senate, and more.

Yet another drug distributor gets punished for its role in the opioid crisis. (Creative Commons)
Marijuana Policy

Louisiana House Approves Bill Streamlining Marijuana Expungements. The House on Tuesday voted overwhelmingly to approve House Bill 286, which would streamline the expungement process for people with first-offense marijuana possession convictions. Under the bill, people convicted of possessing less than 15 grams of marijuana can petition the courts to expunge their records after 90 days from the date of conviction. Under current state law, people must wait at least five years before seeking expungement. The bill sponsored by Rep. Delisha Boyd (D) now goes to the Senate.

Massachusetts Shelves Pilot Program for Social Consumption Spaces. The state Cannabis Control Commission has scrapped a pilot program to allow on-site marijuana consumption shops in 12 municipalities, saying it will instead focus on developing broader regulations for onsite consumption and how to license such businesses. That means the Bay State is unlikely to see any consumption spaces open this year. A state law allowing limited consumption areas in existing pot shops went into effect nine months ago. Commissioner Nurys Camargo said dropping the pilot program would encourage municipalities to decide whether or not they want to allow on-site consumption.

Medical Marijuana

Texas Medical Marijuana Expansion Bill Appears Dead. A bill from Rep. Stephanie Klick (R-Fort Worth) that would have expanded the state's low-THC Compassionate Use Program to include chronic pain patients who otherwise would be prescribed opioids, House Bill 1805, appears dead in the Senate after passing the House. The bill was referred to the Senate Water, Agriculture and Rural Affairs Committee but did not get a committee hearing.

Opioids and Opiates

House Slammed for Passing HALT Fentanyl Act in Rerun of "Failed Drug War." The House's passage Thursday of HR 467, the Halt All Lethal Trafficking (HALT) of Fentanyl Act generated strong condemnation from drug reform, civil and human rights groups as well as pleas for the Senate to kill it. The bill would classify all fentanyl analogues as Schedule I drugs and resort to mandatory minimum sentences for those found guilty of their distribution. The bill passed with near-unanimous GOP support (only Rep. Thomas Massie (R-KY) voted "no"), but also with the "yes" votes of 70 House Democrats.

"It's sad to see lawmakers revert to over-criminalization once again when we have 50 years of evidence that the war on drugs has been an abject failure," said Laura Pitter of Human Rights Watch, one of nearly 160 advocacy groups that signed a letter earlier this week imploring Congress to reject the HALT Fentanyl Act.

"By passing this bill, the House has signaled that Congress is entering a new carceral era," said Liz Komar, sentencing reform counsel for the Sentencing Project. "The federal prison population has been on the rise since the beginning of the Biden administration after seven years of decline," said Komar. "The passage of the HALT Fentanyl Act would deepen that trend by doubling down on failed drug policies that prioritize prisons over drug treatment and overwhelmingly harm Black and Brown communities.

"If mandatory minimums and harsh sentences made communities safer," Komar added, "the overdose crisis would not have occurred. We urge the Senate to reject this bill and all expansions of mandatory minimums and reverse this punitive trend."

"Our communities deserve real health solutions to the overdose crisis, not political grandstanding that is going to cost us more lives," said Maritza Perez Medina, director of the office of federal affairs at the Drug Policy Alliance, as she urged the Senate to kill the bill.

Prodded by AP Story, DEA Yanks Drug Distributor's License Over Filling of "Suspicious" Orders During Opioid Crisis. The DEA on Friday revoked the license of one of the country's largest drug distributors to sell opioid pain relievers because it failed to flag thousands of suspicious orders amid the opioid crisis. The move comes nearly four years after a judge recommended the harshest penalty for Morris & Dickson for its "cavalier disregard" of rules aiming at thwarting opioid abuse and two days after the Associated Press reported that the DEA had allowed the company to keep shipping opioids despite the judge's ruling.

In the 68-page order, DEA Administrator Anne Milgram said the company did not accept responsibility for its past actions, including shipping 12,000 "unusually large" orders between 2014 and 2018 and only flagging three of them as "suspicious."

The loss of the distribution license could drive the company out of business, but Morris & Dickson said it had spent millions of dollars in recent years to upgrade its compliance systems and looked to be holding out hope of reaching a settlement with DEA.

The company's larger competitors -- AmerisourceBergen, Cardinal Health, and McKesson -- have already agreed to pay the federal government more than $1 billion in fines and penalties for similar violations, as well as paying out $21 billion to settle claims from a nationwide settlement. The actions of the drug distributors played a contributing role in this century's opioid crisis, but the reaction to that crisis has also contributed to problems for chronic pain patients in obtaining the medicines they need.

House Passes HALT Fentanyl Act, CA Senate Passes Psychedelic Decriminalization Bill. More... (5/25/23)

No more pot smoking on the streets of Amsterdam's red light district, a bipartisan marijuana legalization bill gets filed in Ohio, and more.

The House responds to the fentanyl crisis with an old-school prohibitionist approach. (Creative Commons)
Marijuana Policy

Ohio Bipartisan Marijuana Legalization Bill Filed. Even as signature-gatherers are out pounding the streets for a final round of signatures to put a legalization initiative on the November ballot, a bipartisan pair of lawmakers have reintroduced their own legalization bill, the Ohio Adult Use Act. The act would legalize the possession and cultivation of marijuana by people 21 and over and would set up a system of regulated marijuana sales with a retail tax of 10 percent.

Opiates and Opioids

House Approves HALT Fentanyl Act Making Broad Classes of Fentanyl Analogues Illegal. The Republican-led House on Thursday approved HR 467, the Halt All Lethal Trafficking (HALT) of Fentanyl Act. The bill's summary says: "This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act… Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term). Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration."

The bill was strongly opposed by congressional progressives and a wide swathe of civil society organizations who worry that the Biden administration and congressional Democrats (74 House Democrats voted for the bill) are supporting crackdowns on drug users and sellers at the expense of public health efforts. The bill now goes to the Senate. The White House issued a statement saying it supports aspects of the bill such as permanent scheduling, but also wants to do more promote public safety. It has not threatened to veto the bill.

Psychedelics

California Senate Approves Bill to Decriminalize Natural Psychedelics. The state Senate on Wednesday approved Senate Bill 58, which decriminalizes the possession of "certain hallucinogenic substances," including psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline. The bill also repeals laws banning the cultivation of "spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn."

Peyote is excluded from the list of decriminalized substances because, bill author Sen. Scott Weiner (D-San Francisco) noted, the cactus is "nearly endangered" and should be reserved for spiritual use by members of the Native American Church.

The bill now heads to the Assembly. In 2021, Weiner introduced a similar bill that passed the Senate only to die without a floor vote in the Assembly.

International

Amsterdam Red Light District Street Pot Smoking Ban Goes into Effect. A municipal ban on smoking marijuana on the streets of Amsterdam's famous red light district went into effect Thursday. The area is known for its brothels, sex clubs, and cannabis cafes and attracts millions of tourists each year, but the traffic is viewed as a nuisance by many residents. The move is part of a push by Mayor Femke Halsema to "clean up" the area. People are still allowed to smoke pot in the cafes and on their terraces, but those caught smoking in the street will face 100 Euro ($110) fine.

Minnesota Set to Become 23rd State to Legalize Marijuana [FEATURE]

With final votes approving the House File 100 marijuana legalization bill in the House and Senate last week, Minnesota is only a governor's signature away from becoming the 23rd state to legalize marijuana and the second, after Delaware to do it this year. And in comments after the legislature sent him the bill, Gov. Tim Walz (D) has made it crystal clear that he will sign the bill into law -- with a "big" ceremony after Memorial Day.

Minnesota State Capitol (Pixabay)
While licensed adult-use legal marijuana sales are months away, marijuana will be legal to possess and home cultivate beginning August 1, and expungement provisions of the law also go into effect then.

"When the bill reaches my desk, Minnesota will become the 23rd state in the nation to legalize adult-use cannabis," Walz said. "It's going to take a while. We have to put the regime into place. We’ll have to make sure the licensing stands up. And what we've said is -- what you're going to have certainty about is -- is that you're going to know what the product you're buying is, there's going to be a regulated, safe environment and we're going to be able to stand that up," he vowed.

As for phased legalization, with the August date for the end of pot prohibition and legal commerce beginning after regulators set up a system, "I think the legislature did a smart thing here," Walz said. "I think this is what Minnesotans expect. We've seen it in other states that it worked. We have the advantage of learning from what they did."

The state is moving quickly. The Office of Cannabis Management, which will be the regulator but which has not even been officially formed yet, already has its own web site. It contains information for recreational marijuana users, medical marijuana patients, people who want to get into the industry, and people seeking information about expungements. "We're going to be working on the expungements to get people back to where they should have been, and then we will set up the infrastructure to make sure that we're licensing and regulating the dispensaries," Walz said.

"We've been working on this for about four years, talking to people in Vermont and Colorado. We want to make it a smooth transition. But I think the biggest thing is that, on August 1, just making sure we're not going to spend precious dollars in our policing focusing on possession of cannabis, rather than looking at other crimes we should be working on," he said. "It just takes a little bit of time. We'll implement it. We'll get it in. And I think this is the direction Minnesota wanted us to go."

Under the bill (about to become law), people 21 and over will be able to possess up to two ounces in public as of August 1. They will also be able to grow up to eight plants at home, four of which can be in flowering, and they can possess up to two pounds of the fruits of their harvest at home. People can also transfer up to two ounces without remuneration to other adults.

Also beginning August 1, certain misdemeanor marijuana records will be automatically expunged. A new bureaucratic entity, the Cannabis Expungement Board, will also consider some marijuana felonies for relief, including potential sentence cuts for those still behind bars.

The legal marijuana commerce is expected to take between a year and 18 months to get up and running with licenses issued and sales underway by then. Existing medical marijuana dispensaries will be able to get combination licenses to compete in the adult use market as of March 1, 2025.

Cities and counties cannot ban legal marijuana businesses, but they can impose "reasonable" regulations. They can also chose to operate their own dispensaries, like a state liquor store.

Retail marijuana sales will be taxed at 16.875 percent, which adds a 10 percent pot tax to the state's 6.875 percent sales tax. Four-fifths of marijuana tax and fee revenue will go to the state's general fund, with some funds earmarked for grants to marijuana businesses and drug treatment efforts. The other 20 percent will go to local governments.

The law will also allow onsite consumption for special events, as well as marijuana delivery services.

The new law will attempt to address equity concerns by scoring applicants higher if they live in low-income neighborhoods, have marijuana convictions or family members with them, or are military veterans with less than an honorable discharge because of a marijuana-related offense.

The National Organization for the Reform of Marijuana Laws (NORML) is liking what it is seeing in the Land of 10,000 Lakes.

"The majority of Minnesota voters support repealing marijuana prohibition and replacing this failed policy with legalization and regulation," NORML's Deputy Director Paul Armentano said. "Passage of this legislation is the result of years of grassroots activism by consumers and stakeholders, including Minnesota NORML. In fact, the impetus for the formation of Minnesota NORML was based upon a police raid and resulting marijuana arrest. These sorts of destructive actions are now poised to come to an end in Minnesota."

And perhaps that can be a lesson to the state's prohibitionist neighbors in the Dakotas, Iowa, and Wisconsin.

NH Residents Ready for Legal Weed, NY Safe Injection Site Bill Advances, More... (5/24/23)

San Francisco's mayor is ready to roll out a pilot program to arrest public drug users, yet another federal bill aimed at the fentanyl trade gets filed, and more.

Drug activity in San Francisco's Tenderloin. (AdamChandler86 via Flickr)
Marijuana Policy

New Hampshire Poll Has Strong Support for Marijuana Legalization. After Gov. Chris Sununu (R) last week signaled he was now open to marijuana legalization and as the legislature for the last time this session attempts to pass a marijuana legalization bill, a new Granite State poll shows strong popular support for doing just that. The poll had 72 percent supporting legalization -- 52 percent strongly and 20 percent somewhat -- and only 21 percent opposed -- 13 percent strongly and eight percent somewhat. Seven percent were neutral.

Opiates and Opioids

Federal Fentanyl Bill Would Get US Military Involved. The ongoing fentanyl crisis has generated yet another bill in Congress, this one led by Sens. oni Ernst (R-IA) and Tim Kaine (D-VA) in the Senate and Reps. Stephanie Bice (R-OK) and Salud Carbajal (D-CA) in the House of Representatives. The Disrupt Fentanyl Trafficking Act of 2023 would:

  • Declare fentanyl trafficking a national security threat stemming from drug cartels in Mexico,
  • Direct the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with Mexican defense officials,
  • Require the Secretary of Defense to increase security cooperation with the Mexican military, and
  • Address coordination efforts between the military and federal law enforcement agencies.

Drug Policy

San Francisco to Set Up Pilot Program to Arrest Public Drug Users. On Tuesday, the city's Department of Emergency Management confirmed that a pilot program that would allow police to arrest people using drugs in public and "address situations when someone is so far under the influence of drugs that they may pose a danger to themselves or others" will be part of Mayor London Breed's budget proposal due June 1.

The move came just hours before Breed was forced to cut short a UN Plaza news conference on the topic as she faced protestors and heckling, including one protestor who threw a brick, injuring a teenager.

Breed's approach to the rising clamor over public drug use and disorder is drawing critics not only in the street but on the Board of Supervisors. Supervisor Dean Preston called the pilot program "reactionary, cruel and counterproductive."

Harm Reduction

New York Safe Injection Site Bill Wins Committee Vote. The Senate Health Committee on Tuesday approved a bill to authorize the establishment of state-approved safe injection sites, S. 00399. Companion legislation is also moving in the Assembly. The bill would require the Department of Health to authorize at least one safe injection site with medical personnel on hand that also must provide syringe exchange services, educate clients on safe consumption practices, provide naloxone to reverse opioid overdoses and collect aggregate data on participants and their experiences. Staff and participants would be given immunity from prosecution for the sanctioned activities.

"Harm reduction works. Harm reduction is a modality -- a way to approach dealing with an issue which assumes, first, that a person who uses drugs is a person, and that they have to be met where they are," bill sponsor Sen. Gustavo Rivera (D) said at the hearing. "Fact number two, criminalization has not worked. Over decades of the drug war, it is pretty clear that we have lost said war," he said. "The notion that we could arrest our way out of addiction -- that we could arrest our way out of overdoses and deaths -- has been proven to be a lie based on all of these years of experience. Criminalization does not work."

Two city-sanctioned safe injection sites in New York City have been operating since the end of 2021.

More Than 150 Groups Urge "No" Vote on HALT Act, NH Legal Pot Effort Revives, More... (5/23/23)

An Oregon bill to mandate fentanyl education in the public schools goes to the governor, a House committee rejects a Republican's marijuana legalization amendment, and more.

Enough fentanyl to kill you. (DEA)
Marijuana Policy

House Rules Committee Rejects Marijuana Legalization Amendment. During a hearing on HR467, the Halt All Lethal Trafficking of Fentanyl (HALT) Act, the House Rules Committee rejected an amendment to legalize marijuana. The amendment came from Rep. Matt Gaetz (R-FL) and would have legalized marijuana by removing from the list of controlled substances in the Controlled Substances Act. (For a related story on the HALT Act, see below.)

New Hampshire Marijuana Legalization Struggle Revives after Governor's Comments. Earlier this month, the Senate once again killed a bipartisan marijuana legalization bill passed by the House, seemingly settling the issue for this legislative session. But the following day, Gov. Chris Sununu (R), who has long opposed legalization, said he could support it "with the right policy and framework in place," and now, legislators have responded by filing a bill they hope meets his desires.

The measure comes in the form of an amendment from Rep. John Hunt (R) and would legalize the possession of up to four ounces of marijuana or 20 grams of concentrated cannabis products. The state Liquor Commission would be charged with regulating and selling marijuana, but it would also allow existing medical marijuana dispensaries to remain open and eventually transition to adult recreational sales. The amendment would give localities the power to ban marijuana businesses.

The measure is expected to pass the House, which has already approved several legalization bills this year, but the Senate remains a challenge. With the governor's new openness to legalization and the presence of several newly seated Republicans senators who supported a similar proposal when they were in the House, perhaps this time the result will be different.

Opiates and Opioids

More than 150 Groups Urge Congress to Vote No on HALT Fentanyl Act. In a letter to the House leadership and key committee chairs as the House Rules Committee held a hearing on HR467, the Halt All Lethal Trafficking of Fentanyl (HALT) Act Tuesday, more than 150 national, state, and local public health, criminal justice reform, and civil rights organizations urged the defeat of the bill.

"This bill permanently schedules fentanyl-related substances (FRS) on Schedule I of the Controlled Substances Act (CSA) based on a flawed class definition, imposes mandatory minimums, and fails to provide an offramp for removing inert or harmless substances from the drug schedule," the signatories wrote.

They called the class wide scheduling approach "a radical departure from drug scheduling practices" because it relies on chemical structure alone without accounting for pharmacological effect and noted that at least one FRS may be an opioid antagonist like naloxone. They also noted that passing the bill would "place undue restrictions on research for therapeutic potential of FRS" and resorts to mandatory minimum sentences, which they called "an inappropriate mandate that criminalizes possibly inert or harmless substances."

Oregon Bill Requiring Fentanyl Education in Schools Goes to Governor. A bill requiring school districts to provide education on fentanyl, Senate Bill 238 A, passed the Senate last month and the House last week and is now awaiting the signature of Gov. Tina Kotek (D). The bill requires the State Board of Education and the Alcohol and Drug Policy Commission to develop curricula for schools to implement in the 2024-2025 school year. That curriculum will educate students on the dangers of synthetic opioids, as well as counterfeit and fake drug, as well as on laws that provide immunity or other protections for people who report drug or alcohol use or who seek treatment for someone suffering a drug overdose.

MN Set to Become 23rd Legal Marijuana State, Iran Hangs Three More Drug Offenders, More... (5/22/23)

A bill protecting medical marijuana patients advances in Louisiana, a bill broadening expungement and freeing some pot prisoners advances in Connecticut, and more.

Marijuana Policy

Connecticut House Approves Bill to Broaden Expungement, Release Prisoners on Some Marijuana-Related Charges. The House last Thursday voted to approve House Bill 5457, which would require court to reduce sentences or dismiss charges for a number of marijuana-related offenses and release from jail or prison people who are currently incarcerated on those charges. The legislation would make expungement or sentence reductions automatic for offenses such as possession of marijuana drug paraphernalia, distribution of up to four ounces of marijuana, possession of up to four ounces of marijuana, and cultivation of up to six plants.

Minnesota Senate Approves Marijuana Legalization Bill, State to Become 23rd to Free the Weed. Minnesota is set to become the 23rd legal marijuana state after the Senate on Saturday approved Senate File 73just two days after the House passed it. The bill was the result of a final conference committee negotiations after the two chambers earlier approved slightly differing versions of the legislation. Gov. Tim Walz (DFL), a proponent of legalization, has vowed to sign it into law. Beginning this summer, Minnesotans will be able to grow up to eight plants at home, though only four can be flowering. Once legal marijuana commerce is up and running, people will be able to buy up to two ounces of buds, eight grams of concentrates, and 800 milligrams of edibles at one time and possess those amounts in public. The retail tax rate for marijuana will be 10 percent, and home growers can legally possess up to two pounds of marijuana from their harvests.

Medical Marijuana

Louisiana Bill Protecting Patients Seeking Unemployment Benefits Wins Committee Vote. The House Committee on Labor and Industrial Relations last Thursday narrowly approved House Bill 351, which would ensure that people with medical marijuana recommendations are not disqualified from receiving unemployment benefits. The bill's digest says it "provides that a qualifying medical marijuana patient who receives a recommendation from an authorized clinician to use marijuana for a therapeutic use shall not be disqualified for unemployment compensation benefits." The bill now heads for a House floor vote.

International

Iran Hangs Three on Drug Charges. Three men -- Shahab Mansournasab, Samad Geravand and Saeed Geravand -- were executed by hanging after they were caught with more than 39 kilograms of heroin and precursors. They were charged with "corruption on earth" after admitting they planned to sell the drugs in Tehran. Under Iranian law, anyone convicted of possessing more than 30 grams of heroin is eligible for a death sentence.

Iran used to execute hundreds of people annually, but in 2017 adjusted its laws and the number of drug executions dwindled. This year, however, the Islamic Republic has increasingly resorted to the death penalty as it faces a months-long civil uprising that began with the death of a woman at the hands of religious police for improperly wearing a hijab. It is unclear how many of this year's executions are for drug offenses, but Iran hung a man it described as the "sultan of cocaine" earlier this month. Last week, it hung a man for running a human trafficking network and prostitution ring and three men convicted of killing a police officer and two members of the paramilitary Basij during the unrest.

Ireland Drug Checking to Expand at Festivals After Successful Rollout of Pilot Program Last Year. After a pilot program to check drugs at the Electric Picnic festival last September successfully detected high-potency MDMA and new psychoactive substances, the Health Services Executive (HSE) has announced that drug checking will be expanded to more festivals this year. It is part of broader harm reduction effort by the HSE. Under the program, festival-goers can submit samples to be tested without fear of arrest and are then informed of the substances' content. HSE-trained volunteers will also be available to talk about drug treatment services, drug trends, and harm reduction practices with festival-goers.

Switzerland To Expand Marijuana Trials to More Cities. The Federal Office of Public Health (FOPH) has given the green light to expansion of ongoing trials on legal marijuana sales to include the cities of Bern, Biel/Bienne, Lucerne, and Geneva. Such programs have already been underway since last year in Basel and this March in Zurich. The trials are supposed to produce data that will inform the government's policy on marijuana. They aim to investigate the health and social effects of tightly regulated, non-profit marijuana sales in pharmacies and will involve a thousand participants -- only half of whom will be allowed to buy the regulated marijuana in pharmacies.

The FOPH has also approved a pilot program in Vernier, where a single authorized dispensary called the "Cannabinotheque" will sell marijuana under a membership model. It will last for three years and also includes a thousand participants. Currently, recreational marijuana remains illegal in the country, although it legalized medical marijuana last year.

MN House Votes to Legalize Marijuana, Act to Restore SNAP Benefits to Drug Felons Re-Filed, More... (5/19/23)

Minnesota is one Senate vote away from legalizing marijuana, the RESTORE Act gets reintroduced, and more.

Marijuana Policy

Minnesota House Gives Final Approval to Marijuana Legalization Bill. The House on Friday voted to approve a marijuana legalization bill that is a conference committee compromise of House and Senate versions of the legislation. The Senate could vote on the bill as soon as later today. Democratic Gov. Tim Walz will sign it into law once it reaches his desk. The final agreement sets possession limits at two ounces for flowers and allows for the home cultivation of up to eight plants, four or which can be mature. The measures also include the automatic review and expungement of certain marijuana-related offenses and sets up a system of taxed and regulated marijuana commerce. Retail sales will be taxed at 10 percent and on-site consumption will be allowed at permitted events. The two marijuana bills are Senate File 73 and House File 100.

Drug Policy

RESTORE Act Introduced in Congress to Lift SNAP Felony Drug Ban. The RESTORE Act -- legislation that would immediately repeal the lifetime federal ban on individuals with felony drug convictions from receiving Supplemental Nutrition Assistance Program (SNAP) -- was introduced Thursday in the Senate by Sen. Cory Booker (D-NJ) and Sen. Raphael Warnock (D-GA), and in the House by Rep. Steve Cohen (D-TN) with Rep. John Rutherford (R-FL) as a cosponsor. Initial Senate cosponsors include Sen. Alex Padilla (D-CA), Sen. John Fetterman (D-PA), Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA) and Sen. Tina Smith (D-MN).

In 1996, Congress imposed the lifetime SNAP ban as a part of the welfare legislation signed by President Clinton. Although states can opt-out of enforcing this ban, state policymakers must affirmatively do so, and 22 states continue to limit SNAP eligibility for people with felony drug convictions. The RESTORE (Re-Entry Support Through Opportunities for Resources and Essentials) Act fully repeals this federal ban and eliminates the ability of states to continue to deny SNAP eligibility due to a felony drug conviction. The legislation also codifies a USDA administrative waiver to SNAP state agencies that allows individuals to apply for SNAP 30 days prior to their release from incarceration.

Over 150 organizations have endorsed the RESTORE Act, including the National Association of Criminal Defense Lawyers, The Leadership Conference on Civil and Human Rights, the Alliance To End Hunger, and the American Public Health Association.

Harm Reduction

Minnesota Governor Signs Bill Legalizing Drug Paraphernalia, Residue, Testing, and Syringe Services. Gov Tim Walz (DFL) has signed into law an omnibus criminal justice and public safety bill that includes provisions legalizing the possession of drug paraphernalia, clarifying that small amounts of drug residue are no longer a basis for a drug possession charge, authorizing "syringe service centers" that can do needle exchanges, give referrals to treatment to mental health and social services, test for blood-borne pathogens, and removing statute language that currently prohibits possession of products use for "testing the strength, effectiveness, or purity of a controlled substance."

MN Legal Pot Bill Ready for Final Votes, Singapore Hangs Another Man for Marijuana, More... (5/18/23)

A major civil and human rights group comes out against one federal fentanyl bill, bipartisan senators and representatives file another one, and more.

Fentanyl. The deadly drug continues to generate bills in Congress. (Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Ready for Final Votes This Week. House and Senate conference committee negotiators have resolved the remaining differences between the House and Senate marijuana legalization bills and ready to send the final bill to floor votes in both chambers this week. The final sticking points were on the marijuana tax rate and appropriating revenue. Negotiators agreed to the 10 percent retail sales tax in the Senate bill (the House had voted for 8 percent to be adjusted every two years) and agreed that 80 percent of marijuana revenues will go to the state and 20 percent to local governments to cover expenses related to implementing legalization.

Medical Marijuana

Nebraska Activists File Papers for 2024 Medical Marijuana Initiative. The group Nebraskans for Medical Marijuana has filed papers to mount petition drives to put a pair of medical marijuana initiatives on the 2024 ballot. One would set up the doctor/patient system, while the other would regulate the industry. Activists have been trying for eight years to get the legislature to pass a medical marijuana bill, to no avail. Last year, a signature-gathering effort for a medical marijuana initiative came up short because financial problems blocked the group from hiring professional petitioners.

"We have no choice but to keep petitioning our government," said group spokeswoman Crist Eggers. "The legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this."

Asset Forfeiture

New York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. The Senate Codes Committee on Monday approved a bill that would end civil asset forfeiture, Senate Bill 2192. Under the bill filed by Sen. Jamaal Bailey (D) forfeiture could only occur if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also address "policing for profit" by requiring that forfeiture proceeds go to the state general fund. Currently, the seizing agency gets to keep up to 60 percent of the proceeds. And the bill would opt the state out of the federal "equitable sharing" program that allows law enforcement agencies to skirt state asset forfeiture laws by handing cases off to the feds, who then return most of the money to the seizing agency. The bill now heads to the Senate Finance Committee.

Drug Policy

Bipartisan Bill Aims to Counter National Security Threat of Illicit Drug Trafficking. US Reps. Salud Carbajal (D-CA) and Stephanie Bice (R-OK) and Sens. Joni Ernst (R-IA) and Tim Kaine (D-VA) are leading a bipartisan effort directing increased federal attention to fentanyl trafficking by utilizing the tools of the Department of Defense (DoD) and involving Mexico as an active partner to combat this crisis and disrupt drug cartel and trafficking activity.

The Disrupt Fentanyl Trafficking Act of 2023 would attempt to address cross-border drug trafficking by:

  • Declaring fentanyl trafficking a national security threat stemming from drug cartels and smugglers,
  • Directing the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with foreign nations,
  • Requiring the Secretary of Defense to increase security cooperation with the Mexican military, and
  • Addressing coordination efforts between the military and federal law .enforcement agencies.

Leadership Conference on Civil and Human Rights Opposes HALT Fentanyl Act. The Leadership Conference on Civil and Human Rights on Wednesday sent a letter to the House leadership to express its "strong opposition" to H.R. 467, the HALT Fentanyl Act.

"This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a flawed class definition," the letter says. "Additionally, it imposes mandatory minimums and fails to provide an offramp for removing inert or harmless substances from the drug schedule. The class wide scheduling that this bill would impose would exacerbate pretrial detention, mass incarceration, and racial disparities in the prison system, doubling down on a fear-based, enforcement-first response to a public health challenge. Under the class wide control, any offense involving a "fentanyl-related substance" is subject to federal criminal prosecution, even if the substance in question is helpful or has no potential for abuse."

The Leadership Conference represents more than 230 national organizations.

International

Singapore Executes Marijuana Offender for Second Time in Three Weeks. For the second time in three weeks, Singapore has hung a man for trafficking marijuana. The unnamed 37-year-old Malay Singaporean was executed at dawn Wednesday at Changi Prison for trafficking about 3.3 pounds of pot. On April 26, Singapore executed Tangaraju Suppiah, 46, for trafficking 2.2 pounds of pot despite an international outcry. Under Singapore law, trafficking more than 1.1 pounds of pot can garner a death sentence. The city-state halted all executions during the coronavirus pandemic, but hanged 11 people last year -- all for drug offenses.

"If we don't come together to stop it, we fear that this killing spree will continue in the weeks and months to come," said Kokila Annamalai of the Transformative Justice Collective, which campaigns for the abolition of the death penalty in Singapore.

Washington State Makes Drug Possession a Gross Misdemeanor [FEATURE]

Washington state is bordered on the north by British Columbia, which has decriminalized drug possession (at least for the next five years) under a federal waiver in January, and on the south by Oregon, which decriminalized drug possession by popular vote in 2020. But Washington state lawmakers this week made it clear that they would not be following their neighbors down the decriminalization path.

Gov. Jay Inslee (D) signs the "Blake fix" drug sentencing bill. (wa.gov)
There has been an opening for drug decriminalization in the Washington ever since the state Supreme Court threw out the state's felony drug possession statute in 2021 in Washington v. Blake because it did not require the defendant to knowingly possess forbidden drugs. Rather than have no drug possession statute at all, the legislature that year produced a bill to make it a misdemeanor. That bill was set to expire on July 1.

This year, as the clocked ticked down, lawmakers debated a variety of possibilities from decriminalization to re-felonization, and at the session, a conference committee produced a version of the drug possession law, Senate Bill 5536, that called for making possession a gross misdemeanor (punishable by up to 364 days in jail, as opposed to 90 for a misdemeanor) and skimped on funding for treatment. No Republicans voted for the final version of the bill, saying it was soft on crime.

Democrats and progressives were angered by the imposition of the gross misdemeanor penalties and the levels of treatment funding. Enough disaffected Democrats voted no to kill it.

"The notion that this bill is soft on crime is ridiculous. The House caved to pressure to escalate the penalty back up from a misdemeanor to a gross misdemeanor, with diversions allowed only with the consent of the prosecutor," said Allison Holcomb, director of political strategies for the ACLU of Washington. "A gross misdemeanor carrying a penalty of up to 364 days and a $5,000 fine is harsher than the felony penalty that applied before the Blake decision. The standard range for a felony [drug possession] offense was 0-60 days for the first three offenses, lower even than a misdemeanor -- 90 days."

The session ended last month without a new drug law and that left open the possibility that the state would soon have no drug possession law at all. Gov. Jay Inslee (D) then called a special session to meet this week with the drug possession law as its sole agenda item.

On Tuesday, the legislature passed a revised version of SB 5536, and Gov. Inslee signed it into law that night.

The bill signed into law maintains drug possession as a gross misdemeanor, but limits jail terms to 180 days -- not the 364-day term typical for that level offense. And it creates a new offense of public drug use with the same penalties. For both offenses, the maximum fine was lowered to $1,000.

It also includes $44 million to expand treatment and recovery efforts, more than double the $20 million allocated in the original bill.

But to appeal to conservatives, it also allows localities to continue to prohibit harm reduction services, including needle exchanges and safe injection sites, and it continues to give courts and prosecutors some discretion in a new pretrial diversion program, including jailing defendants who repeatedly reject drug treatment.

"This bill is not designed to fill our jails, it's designed to fill our treatment centers," said Inslee as he signed the bill. "And the investments we're making will create treatment resources in small townships and big cities. This is a statewide solution to a statewide problem."

Some progressives who voted for the bill still had concerns. State Sen. Yasmin Trudeau (D-Tacoma) said the state was still relying on the criminal justice system to bully people into treatment that too often isn't there.

"We don't have the infrastructure to offer services to everyone who will need it, and that gives me great pause," Trudeau said.

But veteran drug reformer state Rep. Roger Goodman (D-Kirkland) called it "a fair compromise that addresses urgent concerns about public disorder but follows evidence-based practices in helping people in need."

This Week's Corrupt Cops Stories

A jealous North Carolina deputy cooks up a plot to frame his ex-girlfriend's new beau, and more. Let's get to it:

In Covington, Louisiana, a St. Tammany Parish jail guard was arrested Monday after she was accused of bringing drugs into the parish jail. Now former guard Olivia Boswell went down after someone told the sheriff about drugs in the jail and he determined she was the person responsible. She is charged with malfeasance and introduction of contraband into a penal institution. She had worked at the jail for less than a year.

In Wadesboro, North Carolina, a former Anson County sheriff's deputy pleaded guilty last Friday to planting heroin and other drugs in his ex-girlfriend's new boyfriend's car. Former deputy David Burroughs led a plot involving three other deputies, one of whom pulled over the boyfriend, claiming he had been speeding and that he smelled marijuana inside the vehicle. The boyfriend was then handcuffed and put in a patrol vehicle, which made a mysterious stop outside a nondescript building near an airstrip on the way to the sheriff's office.

The boyfriend was told by deputies that a narcotics investigator had to pick something up, and what that something was was the drugs used to frame him. At the sheriff's office, he was told he was about to be charged with drug dealing offenses, but that same night, other deputies released him and gave him back his vehicle. A month later, the State Bureau of Investigation told him that Burroughs had planted the drugs in his car.

Burroughs was arrested in 2019 and charged with making a false police report, obstructing justice, breaking and entering a motor vehicle and possession of heroin, marijuana, and methamphetamine. He pleaded guilty to only obstruction of justice and possession of heroin and was sentenced to two years' probation. But he and the other three deputies involved now face a civil suit.

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