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)

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.

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)

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."

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)

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."

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)

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.

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)

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. 

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)

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. 

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)

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. 

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)

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.

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)

"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.

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)

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.

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

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."

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)

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."