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Minnesota is on the Verge on Marijuana Legalization: Here's What It Will Look Like [FEATURE]

The end is in sight.

After surviving a perilous passage through more than two dozen House and Senate committees, companion marijuana legalization bills, House File100 and Senate File 73 are nearing the finish line. The House bill has passed all 15 committees that examined it and awaits a House floor vote on Monday. The Senate bill has but one committee vote to go before it, too, heads for a floor vote.

(Tony Webster via Wikimedia Commons)
With the Democratic-Farm-Labor (DFL) Party supporting the bills and controlling both the legislature and the governor's mansion, the bills are expected to pass their respective chambers. But they may require a conference committee vote to reconcile any differences before heading to DFL Gov. Tim Walz, who also supports legalizing marijuana.

What a difference an election makes. Two years ago, similar legislation passed the House only to be blocked by the Republican-controlled Senate. But this year, the DFL is in control, and the Republicans will not be able to stop them.

The bills have been sliced and diced during the committee process. So, now that Minnesota is on the verge of becoming the next state to legalize marijuana (although Delaware could beat it with legalization bills already on the governor's desk), what is legalization going to look like there? Here are the key provisions in the latest versions of the bills:

  • The bill originally allowed adults to possess up to 5 pounds of marijuana at home, but the House bill now sets that limit at 1 ½ pounds and the Senate versions sets it at 2 pounds, so this will be hashed out in conference committee.
  • Home cultivation of up to 8 plants is allowed.
  • People 21 and over can purchase up to 2 ounces of buds, 8 grams of concentrate, and 800 milligrams of edibles at one time. They can also possess these amounts in public.
  • Gifting up of up 2 ounces without remuneration is allowed.
  • On-site consumption at special events will be allowed.
  • Marijuana deliveries will be allowed.
  • A state agency, the Office of Cannabis Management, will oversee licensing of recreational and medical marijuana enterprises. The House bill allocates $73 million for administrative and educational costs through 2026, when revenues from legalization are expected to sustain such costs.
  • Cities and counties can reasonably regulate but not prohibit marijuana businesses.
  • Cities or counties can operate their own retail marijuana shops.
  • Expungements for past misdemeanor marijuana offenses will be automatic, while past pot felonies will be examined on a case by case basis.
  • The House bill sets an 8 percent gross receipts tax on marijuana products for the next four years, while the Senate bill has been amended to set that rate at 10 percent, so this will be hashed out in conference committee.
  • Social equity applicants will get preferential scoring on applications, with social equity applicants defined as veterans with marijuana convictions and residents of low-income neighborhoods.
  • Commercial marijuana growers will pay a $10,000 application fee, a $20,000 initial license fee and $30,000 to renew their licenses. Retailers would pay $2,500 in application fees and $5,000 for renewals, while "microbusinesses" will pay no initial license fee, a $500 application fee, and $2,000 for annual renewal.
  • There is a special category of low-potency hemp retailer and processor licenses to preserve the state's existing CBD edibles and drinks market.
  • Vertical integration allowing medium-sized businesses to operate grows, processing facilities, and retail shops will be allowed under a "mezzobusiness" license. Hemp companies and marijuana "microbusinesses" will also be allowed to vertically integrate.

If and when Minnesota legalizes marijuana, it will blow a gaping hole in regional pot prohibition. All of the states it borders -- North Dakota, South Dakota, Iowa, and Wisconsin -- are prohibition states. In the Upper Midwest, Minnesota will lead by example.

Medical Marijuana Update

A federal bill to let vets use medical marijuana is back, a package of medical marijuana bills is moving in the Oklahoma House, and more.

National

Bipartisan Bill to Legalize Medical Marijuana for Military Veterans Refiled. Rep. Barbara Lee (D-CA) and a bipartisan group of 12 cosponsors refiled the Veterans Medical Marijuana Safe Harbor Act Wednesday. The bill would legalize medical marijuana for military veterans. The bill would amend federal law to allow vets to legally possess and use medical marijuana in accordance with state laws and with a doctor's recommendation. It would also allow doctors at the Department of Veterans Affairs to recommend medical marijuana. Earlier versions of the bill were filed in the last three Congresses.

Oklahoma

Oklahoma House Committee Approves Package of Medical Marijuana Bills. The House Alcohol, Tobacco and Controlled Substances Committee last Wednesday approved eight different medical marijuana bills, including one that would limit the THC content of edibles. Senate Bill 440 would limit Delta-9 THC content to 1,000 milligrams per package. Among other bills, Senate Bill 437 would force the Oklahoma Medical Marijuana Authority to rebid its contract for seed-to-sale technology. Senate Bill 645 would require packaging of all products, including flower. Senate Bill 801 would allow authorities to monitor water and power usage of grow facilities. Senate Bill 913 would require grow operators to post a $50,000 bond unless they've owned the property for at least five years.

Texas

Texas House Passes Bill to Expand Medical Marijuana Program. The House last Wednesday approved a bill that would add people with chronic pain to the state's list of people eligible to use medical marijuana, House Bill 1805. Texans who suffer from post-traumatic stress disorder (PTSD), autism, ALS, cancer and epilepsy already qualify under the program.

DEA Head Under Investigation Over No-Bid Contracts, CA Fentanyl Sentencing Ballot Measure, More... (4/19/23)

A federal veterans' medical marijuana bill gets refiled, an Oklahoma fentanyl test strip bill advances, and more.

Medical Marijuana

Bipartisan Bill to Legalize Medical Marijuana for Military Veterans Refiled. Rep. Barbara Lee (D-CA) and 12 bipartisan cosponsors refiled the Veterans Medical Marijuana Safe Harbor Act Wednesday. The bill would legalize medical marijuana for military veterans. The bill would amend federal law to allow vets to legally possess and use medical marijuana in accordance with state laws and with a doctor's recommendation. It would also allow doctors at the Department of Veterans Affairs to recommend medical marijuana. Earlier versions of the bill were filed in the last three Congresses.

Harm Reduction

Oklahoma Bill to Legalize Fentanyl Test Strips Heads for Senate Floor Vote. A bill to legalize fentanyl testing strips by declaring that they are no longer considered drug paraphernalia, House Bill 1987, has passed the Senate Health and Human Services Committee on a unanimous vote and is now headed for a Senate floor vote. The bill has already been approved by the House by a vote of 58-22.

Law Enforcement

DEA Head Investigated for No-Bid Contracts to Past Associates. In the latest scandal to rock the DEA, the Justice Department's Office of the Inspector General is investigating whether DEA Administrator Anne Milgram improperly awarded no-bid contracts worth millions of dollars to past associates. Under scrutiny is $4.7 million the agency spent for "strategic planning and communication," much of which went to people Milgram knew in her capacity as New Jersey's attorney general and as a New York University law professor and who were paid at far higher rates than government officials.

Also under scrutiny is a $1.4 million contract given to a Washington, DC, law firm to review the DEA's scandal-plagued foreign operations. That review was widely panned for downplaying agent misbehavior. It was written by Boyd Johnson, a former assistant to former New York City US Attorney Preet Bharara, one of Milgram's closest friends.

Federal contracting is not supposed to bypass the government hiring process and is supposed to take place without preferential treatment for anyone. If the Inspector General finds wrongdoing, it could lead to administrative or even criminal charges.

Sentencing Policy

Push for California Ballot Initiative to Increase Penalties for Fentanyl Dealers Gets Underway. An Orange County group calling itself Fentanyl Solution has $2.2 million in initial funding and plan to draft a ballot initiative that would increase sentences for people convicted of fentanyl distribution. The groups says it will begin with a public opinion poll on the issue to help figure out the best way to draft the proposed initiative.

"We want to let the legislators, who voted against every form of penalty for these drug dealers, know that we are holding them accountable," said Janice M. Celeste, President & CEO of Fentanyl Solution.org. "We believe that drug dealers who sell fentanyl and murder their customers must pay the price for their actions. The Poll-to-Prop initiative is a crucial step in our efforts to raise awareness about the need for stricter penalties for these criminals."

It's a long way from here to an initiative qualifying for the 2024 ballot. Once an initiative is approved by state officials, backers will have 180 days to come up with more than half a million valid voter signatures, but that must happen by July 2024 to get on the November 2024 ballot.

MN Marijuana Legalization Bill Heading for Floor Votes, China Condemns US Fentanyl Sanctions, More... (4/18/23)

A Washington therapeutic psilocybin bill goes to the governor's desk, the Minnesota marijuana legalization bill is finally heading for House and Senate floor votes, and more.

Legal marijuana is probably coming to Minnesota this year, but not Florida. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Bill Never Got a Shot. The legislative session has ended, and once again, marijuana legalization went absolutely nowhere. A legalization bill from Sen. Victor Torres (D), Senate Bill 1576, didn't even get a hearing, let alone a committee vote, and no legalization bill was filed in the House. Legislative inaction, however, clears the field for a legalization initiative next year, and signature-gathering for one is already well underway.

Minnesota Marijuana Legalization Bill Heads for House Floor Vote. The House version of the marijuana legalization bill, House File100, is headed for a House floor vote after winning approval in the House Ways and Means Committee on Monday. That was the 15th House panel to approve the bill on its marathon journey through the legislature. Meanwhile, the Senate version of the bill, Senate File 73, passed the Senate Taxes Committee Monday evening, leaving only one more committee vote before it, too, heads for a floor vote.

Psychedelics

Washington Therapeutic Psilocybin Bill Heads to Governor's Desk. With a final Senate concurrence vote last Friday, a bill to create a pilot program for therapeutic access to psilocybin for the treatment of mental health conditions, Senate Bill 5623, has been approved by the legislature and now awaits action by Gov. Jay Inslee (D). The bill originally did not contain the pilot program provision and would have only promoted research into psilocybin, but the House added that provision after the bill passed the Senate, necessitating that final Senate concurrence vote. In addition to the pilot program, the measure would create a Psilocybin Advisory Board, an Interagency Psilocybin Work Group and a Psilocybin Task Force.

Foreign Policy

China Condemns US Sanctions on Chinese Companies for Allegedly Supplying Fentanyl Precursor Chemicals. Chinese Foreign Ministry spokesperson Wang Wenbin on Monday strongly condemned the latest US sanctions on Chinese companies it accuses of supplying precursor chemicals for the production of illicit fentanyl. Last Friday, the US Treasury Department announced it had imposed sanctions on two Chinese companies for allegedly supplying fentanyl precursors to Mexican drug trafficking organizations. Wang said the "precursors" are just ordinary chemicals and it is the responsibility of importing countries to prevent their flow into illicit drug production.

"Instead of taking up the responsibility, Washington distorts the truth and tries to interfere in the normal chemical trade between China and other countries, which fully exposes its hegemony and brutality, as well as its contempt and trampling on the spirit of international rule of law," Wang charged. Wang also warned that US prosecution and sanction against Chinese companies "will create further obstacles to the bilateral cooperation in drug control."

Trump Tries to Blame Pot for Mass Shootings, AR Governor Signs Dealer Murder Bill, More... (4/17/23)

Canada's Supreme Court upholds a Quebec ban on home marijuana cultivation, the Illinois Senate approves bills deepening marijuana legalization, and more.

Arkansas Gov. Sarah Huckabee Sanders (R) signs a bill creating lengthy mandatory minimums around fentanyl. (ar.gov)
Marijuana Policy

Candidate Trump Suggests "Genetically Engineered" Marijuana May Be Linked to Mass Shootings. During a campaign speech before America's most powerful gun lobby, the National Rifle Association (NRA), former President Donald Trump suggested that "genetically engineered" marijuana could be behind some mass shootings. But marijuana is just one of the blame agents Trump pointed to instead of addressing the proliferation of weapons in the country. "We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks" that lead to gun violence, he said. He would direct the Food and Drug Administration (FDA) to investigate, he added. He also pointed a finger at "transgender hormone treatments and ideology," Above all, he argued, don't blame the guns: "This is not a gun problem. This is a mental health problem," he said. "This is a social problem. This is a cultural problem. This is a spiritual problem."

Illinois Senate Approves Marijuana Search, Probation Bills. The Senate has passed a pair of bills aimed at deepening marijuana legalization in the state. Senate Bill 125 would bar police from searching a vehicle based solely on the odor of marijuana, while Senate Bill 1886 would allow some people on probation to consume marijuana and alcohol. Both bills now await action in the House.

South Dakota Poll Suggests Marijuana Legalization Could Win in 2024. A South Dakota State University poll released Monday had support for marijuana legalization at 49 percent, with 41 percent opposed. State voters approved a marijuana legalization initiative in the 2020 election by a margin of 54-45 only to have the measure overturned by the state Supreme Court. Legalization was on the ballot again last year, only to be defeated 53-47. The pollsters noted that 2022 turnout was much lower than 2020 and that a higher turnout in 2024 could lead to another marijuana legalization victory.

Psychedelics

Nevada Senate Committee Approves Bill to Create Psychedelic Working Group. The Senate has approved Senate Bill 242, which would create a working group to study psychedelics and create a plan to allow for access for therapeutic purposes. The bill originally would have legalized psilocybin and promoted research on it, as well as MDMA, but was significantly narrowed in the Senate Health and Human Services Committee. Now, instead of legalization, the bill would create a Psychedelic Medicines Working Group to examine the use of the substances "in medicinal, therapeutic, and improved wellness." The bill now awaits a Senate floor vote.

Sentencing Policy

Arkansas Governor Signs Bill Allowing for Drug Sellers to Be Charged with Murder in Cases of Overdose Death. Gov. Sarah Huckabee Sanders (R) has signed into law House Bill 1456, popularly known as the "Death by Delivery" bill. Under the bill, people who sell a drug that leads to an overdose death face a mandatory minimum sentence of 25 years and a maximum sentence of life in prison. The same sentence applies to those who package fentanyl in a way that "entices" minors or who sell to minors, regardless of whether a fatal overdose takes place.

Harm Reduction

Vermont Senate Committee Amends Overdose Prevention Bill to Include Drug-Checking Sites. The Senate Health Committee has amended an overdose prevention bill, House Bill 222, to include a statewide network of drug-checking sites where street drugs can be tested for deadly concentrations of illicit drugs. Approved by the committee last Friday, the amendment would grant immunity from arrest and prosecution for people running the sites and collecting samples, as well as the drug users who bring their stashes to be tested. If the bill now passes the Senate, it will have to go back to the House for a concurrence vote on the new language.

International

Canada Supreme Court Rules Quebec Ban on Home Marijuana Cultivation Can Stand. Under federal marijuana law, people can grow up to four plants at home, but the province of Quebec barred home grows in 2019. Now, after a Quebecer challenged the ban, the Canadian Supreme Court has ruled that the provincial ban is constitutional. "The Quebec legislature saw the possession and personal cultivation of cannabis not as a social evil to be suppressed, but rather as a practice that should be prohibited in order to steer consumers to a controlled source of supply," the court held. That controlled source of supply is held by the state -- in this case, the Société québécoise du cannabis (SQDC), the government agency that operates cannabis stores in the province.

The court also held that even though the federal law permits growing up to four plants at home, there is no "positive right to self-cultivation," writing that: "It is true that, in everyday language and even in the speeches of some parliamentarians, the creation of exceptions or exemptions under a scheme of criminal offences is often described as a 'legalization effort,'" the ruling reads. However, this way of speaking is incorrect and falsely suggests that positive rights authorizing particular conduct have been granted to the public."

Taiwan Reaffirms Strong Opposition to Marijuana Legalization. Responding to street demonstrations calling for marijuana decriminalization, the Taiwanese Ministry of Justice on Saturday reaffirmed the government's strong opposition to marijuana legalization. The reformers, organized as Wave Green, rallied in front of the presidential office in Taipei Saturday, urging the Justice Ministry to "stop the war against cannabis." But the ministry said prohibition would remain and is aimed at keeping people healthy and keeping society safe and stable. It asserted that long term marijuana use damages people's health and causes other harm to them. Under current law, marijuana use is punishable by up to three years in prison, while growers and sellers face up to life in prison and a $491,000 fine.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Joint US-Mexico Statement on Fentanyl, AZ Psilocybin Research Bill Stalled, More... (4/14/23)

A bipartisan bill aims to lay the groundwork for federal marijuana legalization, Oregon naloxone access bills are moving, and more.

Oregon lawmakers are moving a pair of bills aimed at broadening access to naloxone, the opioid overdose reversal drug. (CC)
Marijuana Policy

Bipartisan Bill to Prepare for Federal Marijuana Legalization Filed. House Minority Leader Hakeem Jeffries (D-NY) and Rep. Dave Joyce (R-OH) filed a bill to lay the groundwork for federal marijuana legalization Thursday. The Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act would not legalize marijuana but would direct the attorney general to create a commission charged with making recommendations on a regulatory system for cannabis that models what's currently in place for alcohol. While passage of marijuana legalization appears unlikely in this Congress, but some members think this more incremental measure may be able to pass.

Psychedelics

Arizona Psychedelic Research Bill Stalled in Committee. A bill that would lead the way to the first state-sponsored controlled clinical trials of psilocybin mushrooms, House Bill 2486, is currently stalled in the House Appropriations Committee. The bill's fate depends on ongoing budget negotiations for the next fiscal year. The bill would award up to $30 million in competitive research grants through 2026 for Phase I, II, and III clinical trials using whole mushrooms. The Food and Drug Administration approved synthetic psilocybin as a breakthrough therapy in 2019 but has yet to approve any treatments with whole mushroom psilocybin.

Foreign Policy

US, Mexico Issue Joint Statement on Bicentennial Framework for Security, Public Health, and Safe Communities. With fentanyl and arms trafficking across the border on their minds, delegations of US and Mexican officials met and issued a joint statement Thursday on "new collaborative efforts to counter fentanyl trafficking and consumption and combat arms trafficking across North America." Both countries "committed to continue joint work to dismantle the fentanyl supply chain and the Sinaloa Cartel and the Jalisco New Generation Cartel on both sides of the border," the statement said, while Mexico highlighted "an April 12 presidential decree that permits the creation of a presidential commission to fight the trafficking of illicit synthetic drugs, firearms, and ammunition." Officials from both countries "committed to increase cooperation to combat illegal firearms trafficking," with the US vowing "to target southbound firearms flows and working with Mexican counterparts to increase firearms tracing to identify and choke off the source of firearms flows into Mexico."

Harm Reduction

Oregon Senate Approves Bill to Fight Opioid Overdoses. The Senate on Thursday approved Senate Bill 1043, which would provide patients with a history of using opioids increased access to overdose reversal medications such as naloxone. Backed by Gov. Tina Kotek (D), the bill would mandate that hospitals and other care providers provide two doses of the medication when patients check out if those patients have a history of opioid use or a prescription to an opioid. The bill passed the Senate unanimously. It now goes to the House. A separate proposal, House Bill 2395, would make naloxone kits more widely available in different settings, including public buildings, schools and for first responders. It has already passed the House and is now before the Senate.

Germany to Legalize Pot But Not Pot Shops, NM Governor Vetoes Sentencing Reforms, More... (4/13/23)

Houston's DA tells the cops not to jail people for less than four grams of drugs, Washington's House votes to keep drug possession a misdemeanor, and more.

New Mexico Gov. Michelle Grisham Lujan (D) has vetoed two sentencing reform bills. (nm.gov)
Marijuana Policy

Illinois Senate Approves Bill to Ban Car Searches Over Marijuana Odor. The Senate has approved Senate Bill 125, which bars police from conducting car searches based on the smell of marijuana emanating from a vehicle. Now, state residents will no longer have to store their weed in an odor-proof container as they travel the state's roads and highways. "People -- especially people of color -- are unnecessarily pulled over far too often," said bill sponsor Sen. Rachel Ventura (D). "The odor of cannabis alone shouldn't be one of those reasons. Cannabis is legal in Illinois and it's a pungent scent that can stick to clothes for extended periods of time."

Medical Marijuana

Oklahoma House Committee Approves Package of Medical Marijuana Bills. The House Alcohol, Tobacco and Controlled Substances Committee on Wednesday approved eight different medical marijuana bills, including one that would limit the THC content of edibles. Senate Bill 440 would limit Delta-9 THC content to 1,000 milligrams per package. Among other bills, Senate Bill 437 would force the Oklahoma Medical Marijuana Authority to rebid its contract for seed-to-sale technology. Senate Bill 645 would require packaging of all products, including flower. Senate Bill 801 would allow authorities to monitor water and power usage of grow facilities. Senate Bill 913 would require grow operators to post a $50,000 bond unless they've owned the property for at least five years.

Texas House Passes Bill to Expand Medical Marijuana Program. The House on Wednesday approved a bill that would add people with chronic pain to the state's list of people eligible to use medical marijuana, House Bill 1805. Texans who suffer from post-traumatic stress disorder (PTSD), autism, ALS, cancer and epilepsy already qualify under the program.

Drug Policy

Drug Policy Alliance Reacts to Biden Administration Designating Fentanyl Combined with Xylazine as an Emerging Threat. In response to the White House today designating fentanyl combined with xylazine as an emerging threat, Maritza Perez Medina, Director of the Office of Federal Affairs at the Drug Policy Alliance, released the following statement:

"We, too, are concerned about xylazine and agree that more public health tools are urgently needed. This should include public education, evidence-based treatment and harm reduction, xylazine test strips and other life-saving overdose prevention services, such as overdose prevention centers. And because xylazine is most often combined with opioids, we should continue to double down on increasing access to naloxone and medications to treat opioid use disorder, like methadone and buprenorphine. We should also fund further research into xylazine, its potential harms and benefits, and possible antagonists that could reverse xylazine-involved overdoses, similar to the way naloxone can reverse opioid-involved overdoses.

"Yet, in order for these to be fully effective, the Biden Administration must learn from the mistakes of the past and not push more supply-side interdiction policies. They are incredibly counterproductive and lead to a more unknown and potentially more potent drug supply. Crackdowns on prescription opioids and heroin created the conditions for fentanyl analogues to flourish and overtake the drug supply. And now history is once again repeating itself, with newer, potentially more harmful substances -- like xylazine -- popping up and already overtaking some markets. Make no mistake, focusing on supply-side interdiction will only dig us deeper into this crisis and inevitably result in more loss of life."

New Mexico Governor Vetoes Two Sentencing Reform Bills. In a nod to law enforcement, Gov. Michelle Lujan Grisham (D) has vetoed two sentencing reform bills saying prosecutors needed tools to "encourage" defendants to get drug treatment. Senate Bill 187 would have no longer allowed courts to count a drug possession charge or a DWI charge from another jurisdiction when considering sentencing someone as a "habitual offender." Senate Bill 84 would have revised the state's probation and parole system and tied punishments to the severity of the violation -- rather than the crime that originally sent them to prison.

Washington House Votes to Keep Drug Possession a Misdemeanor. The House voted early Wednesday morning to keep drug possession a misdemeanor, which it had been temporarily since the state Supreme Court threw out the state's felony drug possession law in 2021. Senate Bill 5536 will allow police to arrest drug possessors on a first offense, but also give them full discretion to divert offenders. The maximum sentence for a gross misdemeanor is one year in jail. The bill also allows drug charges to be wiped from someone's record if he commits no new offenses in a year, even if they have not completed drug treatment. Efforts to decriminalize or re-felonize drug possession both came up short.

Law Enforcement

Houston DA Tells Police Not to Jail Small-Time Drug Offenders. Harris County (Houston) District Attorney Kim Ogg (D) has sent a memo asking local law enforcement to not take people into custody for possessing less than four grams of drugs. Citing a backlog of criminal cases in the county, Ogg said the move will shorten the time between case filing and the final disposition of the case. "This means people will not languish in jail as long, cases will not crowd up dockets as long, and we will continue to prioritize the serious violent crimes over those cases,"said Ogg. "If there's a public safety threat, there's an exception to the policy."

Psychedelics

Washington House Passes Bill Setting Framework for Psilocybin Use. The House on Tuesday approved Senate Bill 5263, which would allow the state to establish an advisory board and task force to provide advice and recommendations on developing a regulatory framework for access to psilocybin. If ever legalized, only Washington residents who are 21 and older would be able to access the drug. The Senate has already approved the bill, but because the House amended it to add a pilot program psilocybin to serve veterans and first responders with post-traumatic stress disorder, depression and substance use disorder, it must now go back to the Senate for a concurrence vote.

International

Germany Waters Down Marijuana Legalization Plan After Talks with European Union. After discussions with the European Union, the German government says it now plans to legalize the possession and private cultivation and distribution of marijuana but not widespread sales in pot shops. The legislation does include a pilot project for a small number of licensed pot shops to evaluate the effect of a commercial marijuana supply chain on public health, the black market, and the protection of minors. Under the plan, possession of up to 25 grams would be legal. The government gave no time line for moving the legislation.

Chronicle Book Review: Marijuana Boom

Marijuana Boom: The Rise and Fall of Colombia's First Drug Paradise by Lina Britto (2023, University of California Press, 332 pp., $29.95 PB)

The first time I smoked Colombian weed -- somewhere back around 1976 -- I toked up, scarfed down a bunch of Chips Ahoy cookies, and then had to pull over and puke on the side of the road. That stuff was so much stronger than the Mexican brick weed I was used to that it hit me like a trainwreck. Now, thanks to Colombian-born historian Lina Britto, I have a much clearer picture of who was behind that killer weed.

In Marijuana Boom, Britto adds elements of journalism, ethnography, and anthropology to her archival research to produce a rich, finely detailed portrait of northeastern Colombia, particularly the Greater Magdalena and the Guajira Peninsula, a long, skinny, mountainous arm poking out of Colombia into the Caribbean, and long a haven for maritime smuggling.

That is the heartland of the Colombian marijuana boom of the 1970s, but Britto situates the boom within a much larger and more complex context of national political projects to modernize and unify the country -- none of which succeeded in addressing issues of land tenure and social inequality, leading to repeated explosions of political violence and endemic social unrest. She also situates the marijuana boom squarely in the regional tradition of export agriculture booms, first bananas, then divi (a tree from which tannins for turning hides into leather can be extracted), followed by coffee.

And when the coffee boom petered out in the 1960s, all of the elements were in place for the next successful export commodity: marijuana. Marimba, as the locals called it (marijuana smugglers were marimberos), had been used and grown in Colombia for decades, having arrived with sailors making the circuits of the Caribbean. Thus, when American potheads freaked out by Richard Nixon's Operation Intercept shutting down the Mexican border (and access to Mexican weed) in 1969 went in search of alternate supplies and found good weed in northeastern Colombia, the social infrastructure was there to make marijuana the next export boom.

Sea-borne smugglers who had sharpened their skills on untaxed contraband coffee knew the routes, indigenous people of the Guajira and paisa emigrants from the Andean interior were ready to go to work growing the crops, and wealthy landowners, some politicians, and the politically connected were ready to invest the capital to reap the profits of prohibition. And an army of transporters, guides, middlemen, lawyers and bankers were there to help, too. Britto estimates that the business employed 150,000 people at its peak.

At its peak in the mid-1970s, the marijuana boom also had social legitimacy (and was a means of social mobility). The stuff had been made illegal in 1947, but being involved in the industry was still seen as being legitimate work -- not something criminal. While some marimberos got rich, many in the industry got merely the wages of agricultural workers, and in this sense, the marijuana boom merely replicated the social structures that had emerged in earlier agricultural booms.

Britto's analysis spans many levels -- from the granular detail of family vendettas in Barranquilla to the regional and national political projects and conflicts that shaped the nature of the boom to the international diplomatic level, where the desires of the United States loomed particularly large, and to the level of US domestic drug politics in the Jimmy Carter era. It was pressure from the US that led in 1978 to the Colombian government's first serious -- and ultimately successful -- effort to suppress the trade. Under sustained pressure from Colombian authorities aided by American dollars and expertise, within a couple of years the boom had gone bust.

And it largely vanished from the national imagination as Colombia was soon engulfed in the next drug boom, one that continues to this day: cocaine. But like the banana and coffee booms that created the infrastructure for the marijuana boom, the marijuana boom laid the groundwork for the much more violent and deadly cocaine trade.

Britto deserves kudos as well for her chapter on vallenato, the accordion-based cumbia offshoot that was the music of the marimberos. Rising stars in the pot trade cemented their social standing among their peers and society at large by sponsoring vallenato musicians and employing them to entertain at their parrandas, parties designed to show-off their wealth and generosity. The Colombia state has tried to recuperate and clean up vallenato as an important part of the country's musical patrimony, but it remains the music of the marimberos.

Marijuana Boom is a detailed, richly researched work that tells the story of a mostly forgotten era, but a boom whose suppression became the model for US and Colombian drug policy ever since.

Fentanyl-Xylazine Mix Declared "Emerging Theat," AZ Governor Vetoes Fentanyl Mandatory Minimums, More... (4/12/23)

A Maryland bill blocking police searches based on the odor of marijuana is on the governor's desk, a Delaware bill to end civil asset forfeiture reform is filed, and more.

Xylazine is used to accentuate the fentanyl high, but has serious side effects. (Creative Commons)
Marijuana Policy

Maryland Legislature Approves Bill Blocking Police Searches Based on Marijuana Odor. With a final House concurrence vote just minutes before the legislative session ended money, lawmakers approved House Bill 1071 that bars police from using the smell or possession of marijuana alone as the basis of a search. The bill had passed the House last month, but was revised in the Senate Monday, necessitating the final House vote. Police "may not initiate a stop or a search of a person, a motor vehicle, or a vessel" based only on the smell of burnt or unburnt marijuana, the possession of a personal use amount of marijuana or the presence of money near marijuana without additional evidence of intent to distribute. The bill also lowers the fine for public pot smoking from $250 to $50. The bill now joins the broader marijuana commerce bill awaiting the signature of Gov. Wes Moore (D).

Asset Forfeiture

Delaware Civil Asset Forfeiture Reform Bill Filed. House Democrats last week filed a bill aimed at reining in asset forfeiture in the state, House Bill 115. The bill from Rep. Kim Williams (D) would require that property owners be convicted of a crime before seizure could occur. The bill would also create stricter guidelines for civil asset forfeiture and tighter legislature oversight over civil asset forfeiture revenues. In the three-year period between 2018 and 2021, the state saw more than 2,500 cases of civil asset forfeiture, including 170 where property owners were not even arrested, let alone convicted of a crime.

Drug Policy

Biden Administration Designates Fentanyl Combined with Xylazine as an Emerging Threat to US. On Wednesday, Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), has officially designated fentanyl adulterated or associated with xylazine as an emerging threat to the United States. Xylazine is a non-opioid tranquilizer approved by the Food and Drug Administration (FDA) for veterinary use but not human use. This designation comes after careful review of the impact of xylazine on the opioid crisis, including its growing role in overdose deaths in every region of the United States.

"As a physician, I am deeply troubled about the devastating impact of the fentanyl-xylazine combination, and as President Biden's drug policy advisor, I am immensely concerned about what this threat means for the Nation," said Dr. Gupta. "That's why the Biden-Harris Administration is using this designation authority for the first time since it passed Congress in 2018. By declaring xylazine combined with fentanyl as an emerging threat, we are being proactive in our approach to save lives and creating new tools for public health and public safety officials and communities across the Nation. To parents, loved ones, community leaders, and those affected by xylazine use: I want you to know that help is on the way."

But not a safe drug supply.

Arizona Governor Vetoes Fentanyl Mandatory Minimums Bill. Gov. Katie Hobbs (D) on Tuesday vetoed Senate Bill1027, which would have placed a mandatory minimum of 10 years in prison on the first offense, and 15 years on the second offense, for anyone convicted of possessing, distributing, transferring, selling, or manufacturing heroin, fentanyl, or fentanyl analogs. "Last week, I signed a bill continuing Arizona's Good Samaritan law," Hobbs wrote in her veto message. "I fear this bill, particularly Section 2, would undermine the purpose of that law. I encourage the legislature to send me a narrower bill that focuses on the manufacture of fentanyl."

Congressional Progressives Urge Biden to Expedite Pot Scheduling Review, NV Fentanyl Bills, More... (4/11/23)

A drug policy think tank releases a "toolkit" for avoiding a corporate takeover of the marijuana industry, the Texas House approves a fentanyl test strip legalization bill, and more.

Mr. President, expedite the marijuana scheduling review, progressive congressmembers urge. (Creative Commons)
Marijuana Policy

Congressional Progressive Caucus Urges Biden to Expedite Marijuana Scheduling Review. The Congressional Progressive Caucus has released its 2023 Executive Action Agenda, and it includes a provision calling on President Joe Biden (D) to direct federal agencies to "expedite" an ongoing marijuana scheduling review, as well as reinstating Justice Department guidance that protects state-legal marijuana programs from federal prosecution. The caucus, which numbers more than a hundred congresspeople, called on Biden to "expedite the review of marijuana as a Schedule I controlled substance and publicly document the progress and planned timeline for rescheduling or descheduling.

Marijuana Equity Advocates Release Anti-Monopoly Toolkit to Shape Legalization Laws. The Parabola Center for Law and Policy, a drug policy think tank that seeks to prevent the monopolization of the legal marijuana industry, has released the "Anti-Monopoly Toolkit," which presents state and federal policy priorities for preventing corporatization and consolidation from driving small businesses out of the industry. Among other points, the toolkit calls for licensing limits to focus on individual owner limits rather than overall caps, avoiding vertical integration in the industry, not letting major tech platforms dominate the market, allowing people with prior drug convictions to participate in the industry, and allowing for home cultivation.

"I was inspired by Lizzie Magie, the progressive feminist who invented the game of Monopoly as an educational tool, because she thought philosophy and academic writing weren't enough in the early 1900s," said Parabola Center Founder and Director Shaleen Title. "Just like in her era, we're in a critical time period that calls for large-scale and drastic action."

Drug Policy

Nevada Bills Would Increase Fentanyl Sentences. Lawmakers are considering five bills that respond to the fentanyl crisis by seeking heightened felony charges for people guilty of selling or distributing the drug. A pair of Democratic-sponsored bills, Senate Bill 35 and Senate Bill 343, got a hearing Monday in the Democratic-controlled legislature. The former would create the crimes of mid- and high-level fentanyl trafficking and lowering the threshold for prosecution for selling the drug, while the latter would create the crime of low-level trafficking and distinguish fentanyl from other Schedule I controlled substances.

Under the bills, low-level trafficking of 4 to 14 grams would be punishable by one to six years imprisonment and a fine of up to $50,000; mid-level trafficking of 14 to 28 grams would be punishable by two to 15 years imprisonment and a fine of up to $100,000; and high-level trafficking of 28 grams or more would be punishable as a category A felony, meaning life with the possibility of parole or 25 years imprisonment and a fine of up to $500,000. Under existing law, trafficking of100 to 400 grams is punishable by two to 20 years imprisonment.

Three other bills seeking greater penalties for fentanyl possession were not included in the hearing. These are Senate Bill 128 and Senate Bill 197 from Republicans; and an omnibus crime bill from Gov. Joe Lombardo, Senate Bill 412, which proposes to criminalize possession of the drug in any amount by one to six years imprisonment.

Harm Reduction

Texas House Votes to Legalize Fentanyl Test Strips. The House voted overwhelmingly Tuesday to approve a bill that legalizes fentanyl test strips by removing them from the state's list of illicit drug paraphernalia, House Bill 362 by Rep. Tom Oliverson (R-Cypress). "Overdose deaths continue to skyrocket as fentanyl floods across our southern border, and we need a way to combat the crisis," Oliverson said on the floor of the House on Monday. "Decriminalizing test strips is one way to do that." The bill now goes to the Senate.

Another Fed Court Rules Marijuana Gun Bans Unconstitutional, WA Drug Sentencing Bill Advances, More... (4/10/23)

Maryland is just the governor's signature away from having a system of taxed and regulated marijuana commerce, Minnesota lawmakers fold a psychedelic task force bill into a must-pass healthcare omnibus bill, and more.

A Washington state bill would allow jail terms of up to a year for drug possession (Creative Commons)
Marijuana Policy

Another Federal Court Rules Banning Marijuana Consumers from Possessing Guns is Unconstitutional. The US District Court for the Western District of Texas has ruled that banning marijuana users from possessing firearms is unconstitutional. The decision comes on the heels of a February ruling in the US District Court for the Western District of Oklahoma that also found the gun ban unconstitutional.

Both decisions come in the wake of a controversial Supreme Court ruling last year that makes it more difficult to restrict gun access. The Justice Department is already set to argue a similar case in the US 5th Circuit Court of Appeals. The Texas case involves a woman who was charged with firearms offenses after she admitted being a marijuana consumer, but who was never charged with a marijuana offense.

"The longstanding prohibition on possession of firearms by felons requires the Government to charge and convict an individual before disarming her," the court held. "In short, the historical tradition of disarming 'unlawful' individuals appears to mainly involve disarming those convicted of serious crimes after they have been afforded criminal process," the ruling continues. "Section 922(g)(3), in contrast, disarms those who engage in criminal conduct that would give rise to misdemeanor charges, without affording them the procedural protections enshrined in our criminal justice system. The law thus deviates from our Nation's history of firearm regulation."

Maryland Marijuana Legal Sales Bills Go to Governor. Both the House and the Senate have now passed bills that would launch a system of taxed and regulated marijuana commerce in the state. The bills are now on the desk of Gov. Wes Moore (D), who is expected to sign them. The bills set a marijuana retail sales tax at 9 percent and directs most of the revenues to communities damaged by the war on drugs. It also sets fees for medical marijuana businesses to convert to recreational marijuana licenses, limits the number of licenses a business can own, and sets terms for social equity applicants, who will be able to obtain licenses when a second round is awarded in January.

Psychedelics

Minnesota Lawmakers Include Psychedelic Provisions in Omnibus Health Bill. Lawmakers have folded a bill that would create a psychedelics task force to prepare the state for possible legalization, House File 1884, into a larger, must-pass omnibus health care bill. The action was taken last week by the House Health finance and Policy Committee, which adopted an author's amendment to the omnibus bill that added a revised version of the psychedelics measure. If the bill passes, the Psychedelic Medicine Task Force would be charged with advising lawmakers on "the legal, medical, and policy issues associated with the legalization of psychedelic medicine in the state." The omnibus bill must still be approved the Ways and Means Committee before heading for a House floor vote.

Drug Policy

Washington Bill to Make Drug Possession a Gross Misdemeanor Wins House Committee Vote. After a 2021 state Supreme Court decision invalidated the state's felony drug possession law, the legislature has scrambled to come up with an alternative, and now, a bill that would make simple drug possession a gross misdemeanor, Senate Bill 5536, has passed the Senate and won a vote in the House Appropriations Committee. The bill will allow police to arrest drug possessors on a first offense, but also give them full discretion to divert offenders. The maximum sentence for a gross misdemeanor is one year in jail. The bill also allows drug charges to be wiped from someone's record if he commits no new offenses in a year, even if they have not completed drug treatment.

China Rebukes US on Fentanyl Crisis, Cleveland Mayor Will Seal Thousands of Cannabis Conviction Records, More... (4/7/23)

Michigan's former GOP House Speaker pleads guilty to marijuana bribery, a natural psychedelic legalization bill is filed in Uruguay, and more.

enough fentanyl to kill you (DEA)
Marijuana Policy

Indiana Democrat Forces Marijuana Legalization Vote: GOP Lawmakers Defeat It. After years of being unable to get the Republican-dominated state legislature to consider marijuana legalization, one Democratic lawmaker came up with a creative way to get the issue heard. Rep. Justin Moed filed an amendment to Senate Bill 20, which addresses rules for businesses that sell alcohol and hemp products, that would strike language defining hemp as cannabis containing no more than 0.3 percent THC. By removing that language, the bill would have effectively legalized marijuana, with the regulations for hemp applying to any cannabis product. That amendment was defeated, but not before six Republican representatives joined Democrats in supporting it, demonstrating a hint of bipartisan support for legalization.

Former Michigan GOP House Speaker Pleads Guilty to Taking Bribes from Marijuana Company. Former Republican House Speaker Rick Johnson was one of four people who pleaded guilty Wednesday to bribery in a case where a medical marijuana company seeking a license paid him more than $110,000 to ensure it got its license. The other three defendants were the owner of the company and two lobbyists working with yet another company. Johnson, who left the speakership in 2004, was chairman of the state marijuana licensing board at the time the scheme occurred.

Cleveland Mayor Plans to Expunge Thousands of Marijuana Arrest, Conviction Records. Cleveland Mayor Justin Bibb (D) announced Tuesday that the city will move forward with sealing thousands of marijuana records. The move comes after a state law allowing municipalities to process mass relief took effect. The mayor said there would be about 4,000 marijuana expungements for Cleveland citizens. Mayor Bibb sought to implement a mass marijuana clemency last year, only to be told by state officials that local officials did not have that authority. So he then worked with legislators to pass that state bill.

Foreign Policy

China Blames US for American Fentanyl Problem; Supports Mexico Against GOP Threats. In response to a letter from Mexican President Andres Manuel Lopez Obrador seeking Chinese help in quelling the illicit fentanyl trade, a Chinese foreign ministry spokesperson placed the blame for the fentanyl crisis squarely on the US. "The root cause of the overdose lies in the US itself. The problem is completely 'made in USA, '"the foreign ministry's Mao Ning said at a press briefing Thursday. "The US needs to face up to its own problems, take more substantial measures to strengthen domestic regulation and reduce demand. It cannot relapse into the illness of 'letting others take the pill when it is sick,' she added.

In his letter, Lopez Obrador falsely claimed that the drug is produced in China and only transits through Mexico, but US officials and independent observers say precursor chemicals are sent from China to Mexico, where the fentanyl is then produced in underground laboratories. And that gave China an opening to deny a role in the crisis.

"There is no such thing as illegal trafficking of fentanyl between China and Mexico," Mao said. "We two countries have a smooth channel of counternarcotics cooperation, and the competent authorities of the two countries maintain sound communication. China has not been notified by Mexico on the seizure of scheduled fentanyl precursors from China," she added.

Mao rebuked the US for threats by GOP lawmakers to unleash military force against Mexican cartels in Mexico, but also called on Mexico to step up its anti-drug efforts. "China firmly supports Mexico in defending independence and autonomy and opposing foreign interference and calls on the elevant country to stop hegemonic practices against Mexico. At the same time, we hope the Mexican side will also take stronger counternarcotics actions," Mao said.

International

Uruguay Natural Psychedelic Legalization Bill Filed. Led by Sen. Juan Sartori, the National Party is getting behind a bill that would legalize natural psychedelics for therapeutic use under a psychiatrist's supervisions. The substances that would be legalized include psilocybin, psilocin, ibogaine, and DMT. The National Party, a center-right formation, is the current governing party in Uruguay.

NH House Approves Marijuana Legalization Bill, Federal Smart Sentencing Act Filed, More... (4/6/23)

An Arkansas marijuana legalization bill gets filed, the German health minister says the government's marijuana legalization bill will be revealed after Easter, and more.

Afghan opium poppies. The Taliban says it is eradicating them this year. (UNODC)
Marijuana Policy

Arkansas Marijuana Legalization Bill Filed. Just months after state voters defeated a marijuana legalization initiative by 10 points, Sen. Claude Tucker (D-Little Rock) has filed a marijuana legalization bill, Senate Bill 580. The bill would legalize the possession of up to two ounces and undo the sentence of anyone convicted for possession of less than two ounces. It would also allow for the expungement of past felony convictions for less than two ounces of marijuana and release from correctional supervision anyone on probation or parole for possession of less than two ounces. The bill has no provisions for taxed and regulated marijuana commerce.

New Hampshire House Approves Marijuana Legalization Bill. For the second time this session, the House has approved a marijuana legalization bill, House Bill 639. The bill had passed the House in February, but had to go back to the House Ways and Means Committee before returning to the floor for final passage. It would legalize the possession of up to four ounces and create a system of taxed and regulated legal marijuana commerce. The bill would allow localities to limit or ban pot businesses in their jurisdiction. It now goes to the Senate.

Sentencing Policy

Bipartisan Smart Sentencing Act Introduced. US Senator Tim Kaine (D-VA) joined Senators Dick Durbin (D-IL) and Mike Lee (R-UT) on Tuesday in introducing the Smarter Sentencing Act. The bill lowers certain mandatory derug sentences, but does not repeal any mandatory minimum sentence and does not lower any maximum sentence. This approach reserves the option to dole out the harshest penalties where circumstances warrant, while allowing judges to moderate sentences based on individual circumstances. These changes do not apply to penalties for violent offenses.

International

Taliban Says Opium Eradication Campaign Has Begun. Local officials in Herat province have begun a campaign to destroy poppy fields, in line with official pronouncements by the Taliban banning opium production. "Our operation is underway and hundreds of acres of land have been cleared of poppy in different districts," head of the counter narcotics department of Herat Hayatullah Rouhani said. Eradication campaigns are also ongoing in Ghor, Badghis, Nimroz and Farah provinces. It is expected that poppy fields in the west of the country will be destroyed ahead of the harvest season. Farmers are calling on the government to assist them by providing alternative crops to replace opium poppies.

German Health Minister Says Marijuana Legalization Bill to Be Released After Easter. Health Minister Karl Lauterbach said Wednesday the long-awaited marijuana legalization bill will be released "immediately after Easter." Details on the bill remain unclear, however. But that isn't stopping some members of the governing coalition from expressing concern about reported decisions to reduce the scope of legalization.

This Week's Corrupt Cops Stories

A small-town Pennsylvania police chief gets a slap on the wrist for pilfering heroin to feed his habit, a former North Carolina cop gets caught partying in a church parking lot at midnight, and more.

In San Jose, California, the executive director of the San Jose Police Officers Association was arrested last Tuesday on charges she used her home and office to facilitate a massive drug smuggling ring that shipped drugs nationwide, including a new form of fentanyl disguised as clock parts. Joanne Marian Segovia, 64, went down after federal agents investigating a network that moved large amounts of drug seized a phone from a suspected trafficker and found encrypted message between her and the trafficker on it. Investigators were able to find records of packages arriving from China, India, and other countries that contained Adderall, Tramadol, Ambien, and fentanyl. When confronted by investigators, Segovia blamed her housekeeper and insisted she worked "for the police department." She is set for a court appearance on charges connected to unlawfully importing a controlled substance, which carries up to 20 years in federal prison.

In Oakboro, North Carolina, a former Oakboro and Locust police officer was arrested last Saturday on a slew of drug charges after a deputy found her sitting in a vehicle in a church parking lot with no lights on around midnight. Rachel Armstrong, 39, and a male passenger both went down after the deputy searched their vehicle after smelling alcohol and marijuana and found marijuana, LSD, and cocaine. Armstrong got hit with 12 charges including felony possession of marijuana, two counts of trafficking in LSD and cocaine, possession with intent to sell/deliver (PWISD) cocaine and possessing marijuana paraphernalia. She was also charged with misdemeanor carrying a concealed weapon. At last report, she was in the Stanly County jail on a $2 million bond.

In Pittsburg, a former Elizabeth police chief was sentenced Tuesday to 90 days in home detention and four years' probation for stealing heroin from his police department. Timothy Butler was accused of stealing hundreds of bricks and bundles of heroin from the Elizabeth Borough Police Department for his own use from June 2017 to December 2018. He had pleaded guilty to one count of theft of government property in December.

Kentucky Becomes 38th Medical Marijuana State [FEATURE]

With the signature of Gov. Andy Beshear (D) on Senate Bill 47 last Friday, Kentucky became the 38th state to make medical marijuana legal. The legislature had balked for years on medical marijuana, but Beshear pushed hard for it since he took office in late 2019.

In the face of continuing legislative inaction, Gov. Beshear formed the Team Kentucky Medical Cannabis Advisory Committee in June 2022 to travel the state and listen to Kentuckians' views on the topic. On Sept. 30, 2022, the Governor released the summary from the committee that proved Kentuckians agree that it is past time for the commonwealth to take action on legalizing medical cannabis.

Last fall, Beshear turned up the heat on the legislature by signing an executive order providing access to medical marijuana for Kentuckians who suffer from at least one of 21 medical conditions, including cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy and terminal illness. Beshear then worked with lawmakers this session to push for full legalization of medical marijuana, arguing it would further provide relief for those suffering, fuel job growth, and help support the state's farmers. And now, those efforts have paid off.

"In November, I signed an executive order to help Kentuckians with certain medical conditions, like our veterans suffering from PTSD, find safe and effective relief through medical cannabis," Beshear said. "Now, I am finally able to sign this legislation into law and fully legalize medical cannabis -- something the majority of Kentuckians support."

He wasn't the only one basking in the glow of victory.

"I am very happy to be here with friends to celebrate this special day. The signing of SB 47 comes after about five years of hard-fought legislative efforts," said bill sponsor Sen. Stephen West (R-Paris). "This bill is how the legislative process should work. Senate Bill 47 is probably one of the most vetted bills in the history of the General Assembly, going through numerous committees being worked and reworked numerous times. I am proud to be a part of that effort."

"It is a true honor to be here today to celebrate this momentous legislation. For far too long, we have had to depend on the pharmaceutical companies pushing substances that have been a bane to rural Kentucky. I come from Eastern Kentucky, and I have seen firsthand the devastation that opioids have brought on my region," said Sen. Phillip Wheeler (R-Pikeville). "I came here late to the issue, but I am glad I jumped on board and was able to play a small part in getting it over the finish line."

"This is how it is supposed to be done. I am filled with emotion. There are thousands and thousands of Kentuckians who just want to be and want to feel better. This will help them with that," said Rep. Jason Nemes (R-Louisville), the majority whip. "This is such a good bill because there will be tens of thousands of Kentuckians who will never know our names, who have never walked these halls, but will be helped. I am happy to have played a small part in that."

The Marijuana Policy Project (MPP) also pronounced itself pleased.

"Kentuckians who are suffering will finally be able to have access to safe, legal medical cannabis. We applaud the Kentucky legislature for recognizing the value of medical cannabis and passing legislation that will help provide relief and meet the needs of patients with serious medical conditions throughout the state, and are also grateful for the governor's championing of this compassionate issue," said Karen O'Keefe, MPP director of state policies.

The new law will go into effect on January 1, 2025, with regulations due to be in place by July 1, 2024. In the meantime, the executive order allowing for medical marijuana use will remain in effect, and residents can purchase medical marijuana out of state as well.

The new law will allow for the use of raw marijuana. It cannot be smoked, but vaping will be allowed. Patients will be allowed to keep a 30-day supply at home and a 10-day supply while traveling, with definitions to be provided by state regulators. Home cultivation will not be allowed.

The Cabinet of Health and Family Services will oversee the implementation, operation, oversight, and regulation of the medical program, while a nine-member Board of Physicians and Advisors will have prescriptive authority. It will make recommendations, including regarding how much cannabis constitutes a 10-day and 30-day supply, adding or removing qualifying conditions, and performance standards for medical cannabis businesses. And medical marijuana will be subject to state sales and excise taxes.

Welcome to the club, Kentucky.

Medical Marijuana Update

Kentucky becomes the 38th state to embrace medical marijuana.

Kentucky

Kentucky Becomes 38th State to Legalize Medical Marijuana. Gov. Andy Beshear last Friday signed into law Senate Bill 47, making the state the 38thto allow for the medicinal use of marijuana. The bill will allow patients with specified medical conditions, including cancer, chronic pain, epilepsy and post-traumatic stress disorder to obtain a doctor's recommendation to use cannabis medicinally. The bill does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaporization. Other marijuana formulations including capsules, tinctures and topical products are also authorized by the bill. Patients will be permitted to possess a 10-day supply of cannabis on their person and a 30-day supply at home. It will be up to the Cabinet for Health and Family Services to draft and put into place regulations for the production and sale of medical marijuana.

GOP Pounding War Drums on Mexican Cartels, MN Legal Pot Bill Draws Near to Floor Votes, More... (4/5/23)

A Florida marijuana legalization initiative looks well placed to meet its signature gathering threshold, a pair of GOP senators introduce a bill designating Mexican drug cartels as terrorist organizations, and more.

If reelected, former President Donald Trump is hankering for military action against Mexican drug cartels. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Two-Thirds of the Way There on Signatures. Supporters of a proposed marijuana legalization initiative in the form of a constitutional amendment are more than two-thirds of the way to coming up with enough valid voter signatures to qualify for the 2024 ballot. According to the state Division of Elections, the campaign had 635,961 valid signatures as of Tuesday, with 891,589 needed to qualify. And it has until February 1, 2024 to come up with the remaining signatures.

Minnesota Marijuana Legalization Bill Wins Senate Committee Vote. The Senate Rules and Administration Committee on Tuesday approved the marijuana legalization bill,  Senate File 73. The legislation, which has passed through more than 20 House and Senate committees, is now nearing floor votes. In the Senate, it must pass only two more panels before heading for a floor vote. Both the Senate and House bills have been amended numerous times throughout this process, with lawmakers working to incorporate public feedback, revise policies around issues like tax structures for the market and tighten up language.

Psychedelics

Massachusetts GOP Legislator Files Three Psychedelic Reform Bills. Rep. Nicholas Boldgya (R) has filed three bills aimed at loosening restrictions on various psychedelic substances. House Bill 3574 would allow prescription medications containing MDMA. House Bill 3589 would legalize psychedelics from natural plants and fungi. House Bill 3605 would legalize the therapeutic, spiritual, and medicinal use of psilocybin or magic mushrooms. "People are suffering from debilitating mental health issues such as PTSD, traumatic brain injury, anxiety, and depression. These psychedelic compounds and plant medicines are offering hope and healing to those that were once hopeless," Boldyga said. The war on drugs has had "disastrous consequences," he added, including deterring society from benefiting from medically useful substances.

Foreign Policy

GOP Senators File Bill Designating Mexican Drug Cartels as Terrorist Organizations. Sen. John Kennedy (R-LA), a member of the Senate Judiciary Committee, today joined Sen. Lindsey Graham (R-SC) in introducing the Ending the Notorious, Aggressive and Remorseless Criminal Organizations and Syndicates (NARCOS) Act of 2023 to designate Mexican drug cartels as foreign terrorist organizations. The legislation would also create a task force for the purpose of eliminating the threat that cartels and drug trafficking, particularly fentanyl, pose to American citizens. By designating drug cartels as foreign terrorist organizations, the US government would have authority to prosecute individuals for drug and human trafficking. America could also use extraterritorial jurisdiction to target and prosecute foreign nationals involved with Mexican cartels or other transnational criminal organizations. The bill names the following groups as meriting the terrorist designation: the Sinaloa Cartel, the Jalisco New Generation Cartel, the  Gulf Cartel, the Los Zetas Cartel, the Northeast Cartel, the Tijuana Cartel, the Beltray-Leyva Cartel, and La Familia Michoacana.

Donald Trump Seeking Plan to Wage War on Cartels in Mexico. The recently indicted ex-president, who is now campaigning for the GOP presidential nomination in 2024, has been asking policy advisors for a range of military options for attacking Mexican drug cartels, including military actions not sanctioned by the Mexican government—which the Mexicans are likely to see as acts of war. He has been briefed on options that include US troop deployments on Mexican territory and unilateral military strikes. "'Attacking Mexico,' or whatever you'd like to call it, is something that President Trump has said he wants 'battle plans' drawn for," said one source close to Trump. "He's complained about missed opportunities of his first term, and there are a lot of people around him who want fewer missed opportunities in a second Trump administration."

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

NBA to End Marijuana Testing, Costa Rica Drug Killings on Rise, More... (4/4/23)

Missouri's marijuana legalization has become a job creation engine, the Urban Institute for a report on the impact of reforms in Mississippi's criminal justice system, and more.

The NBA won't be testing for this anymore. (Creative Commons)
Marijuana Policy

NBA Lifts Ban on Marijuana in New Collective Bargaining Agreement with Players. The National Basketball Association (NBA) and the NBA Players Association have agreed on a new collective bargaining agreement under which marijuana use is no longer banned and testing for marijuana will no longer be conducted. The changes go into effect this summer and will extend through the 2029-2030 season unless one side opts out before the end of the prior year's season. The collective bargaining agreement is for seven years.

Missouri Marijuana Legalization is Creating Thousands of Jobs. Since voters legalized marijuana at the polls last November, thousands of jobs have been created in the state's nascent marijuana industry. Workers in the industry must be licensed and, according to the Department of Health and Senior Services (DHSS), which regulates licensing, the agency approved 264 licenses in November, more than 500 in December, and more than 1,100 each in January and February. According to DHSS, at the end of February, there were 12,970 individuals with marijuana agent IDs, up from 10,100 at the end of November.

Drug Policy

Mississippi Criminal Justice Reforms Have a Slight Impact. A new report from the Urban Institute, Assessing the Impact of Mississippi’s Front-End Drug Policy Changes, finds limited impacts from comprehensive criminal justice reform legislation passed in 2014. That year, the state implemented front-end drug policy and practice reforms to divert people from the criminal legal system when possible and to connect people to treatment when appropriate. The Urban Institute assessed the implementation of these drug-related reforms through analysis of administrative data and interviews with stakeholders in Mississippi. It found that drug-related offenses remain a major driver of arrests, incarceration, and community supervision in the state and that: 1) The number of annual felony drug sentences to incarceration and community supervision in Mississippi trended downward from 2010 to 2021; 2) There was a slight shift away from incarceration-based sentences postreform, though these sentences still accounted for just over half of all drug-related sentences; 3) The share of the prison population that had a primary drug offense in Mississippi declined from 2014 to 2019 from around 25 percent to 20 percent; 4) The overall decline in the prison population serving drug-related sentences during this period was driven by a decline in the number of Black people serving primary drug terms under Mississippi Department of Corrections jurisdiction even as the number of white people serving primary drug terms stayed relatively stable; and 5) The revocation rates for people on post release probation decreased marginally in the years immediately after passage of the reforms.

International

.Costa Rica has a reputation as a particularly peaceful corner of Central America, but it is being overtaken by violence related to its increasing role in the shipping and warehousing of cocaine. Last year, the country logged 657 homicides, the highest number of killings there since at least 1990. The violence was centered in the Caribbean port city of Limon, where the murder rate was five times the national average. Authorities believe that 65 to 80% of the local murders were believed to be "score settling" (ajuste de cuentos) for grievances tied to the drug market. "In Limon, there are four strong criminal groups competing for the drug market," said Randall Zúñiga, director of Costa Rica’s Judicial Investigation Department. These groups clash, and "generally the people who die are sellers or members of the criminal groups."

KY Becomes 38th MedMJ State, Bipartisan Federal Reentry Act Introduced, More... (4/3/23)

Minnesota's marijuana legalization bill wins yet another committee vote, a Connecticut psilocybin decriminalization bill heads for a House floor vote, and more.

Medical marijuana dispensaries like this one will soon be coming to the Bluegrass State. (Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins 14th House Committee Vote. The House Tax Committee has become the 14th House committee to approve the marijuana legalization bill, House File100. Approval came on a voice vote last Thursday after the committee adopted a large-scale amendment to overhaul various tax provisions of the legislation, moving away from the legalization plan put forward by Gov. Tim Walz (DFL). Companion legislation is also moving in the Senate, with differences between the two bills to be worked out in conference committee. The bill heads next to the House Ways and Means Committee on Monday. Meanwhile, the Senate version is heading to the Rules and Administration Committee next Tuesday.

Washington Bill Banning Pre-Employment Marijuana Drug Approved by Legislature. Both the House and the Senate have approved a bill, Senate Bill 5123, that would bar employers from taking adverse actions against new hires because of a failed drug test for marijuana. The Senate approved it last month, and the House passed it last week. Because of minor changes in the bill's text in the House, it must go back to the Senate for a concurrence vote this week. Then it will go to the desk of Gov. Jay Inslee (D). "It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person’s use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids."

Medical Marijuana

Kentucky Becomes 38th State to Legalize Medical Marijuana. Gov. Andy Beshear last Friday signed into law Senate Bill 47, making the state the 38th to allow for the medicinal use of marijuana. The bill will allow patients with specified medical conditions, including cancer, chronic pain, epilepsy and post-traumatic stress disorder to obtain a doctor’s recommendation to use cannabis medicinally. The bill does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaporization. Other marijuana formulations including capsules, tinctures and topical products are also authorized by the bill. Patients will be permitted to possess a 10-day supply of cannabis on their person and a 30-day supply at home. It will be up to the Cabinet for Health and Family Services to draft and put into place regulations for the production and sale of medical marijuana.

Psychedelics

Connecticut Psilocybin Decriminalization Bill Wins Committee Vote. The House Judiciary Committee voted last Thursday to send a bill decriminalizing the possession of small amounts of psilocybin, House Bill 6734, to the House floor. Under the bill possessing less than a half ounce of psilocybin or psilocybin-containing mushrooms a ticketable offense with a maximum $150 fine for a first offense. Further offenses would carry fines between $250 and $500 along with a referral to a drug education program.

Drug Policy

Bipartisan Reentry Act Introduced in Senate. US Sens. Tammy Baldwin (D-WI) and Mike Braun (R-IN) introduced bipartisan legislation that expands access to health care, including mental health services and substance use disorder treatment, for Medicaid-eligible individuals 30 days before their release from jail or prison. The Reentry Act would also make it easier for states to provide effective substance use disorder treatment and services, allowing for smoother transitions to community care and a reduced risk of overdose deaths post-release. Just released inmates are at extremely high risk of suffering drug overdoses. "When people serve their time and are working to transition back into the community, it is our responsibility to give them the tools they need to live healthy, successful lives, and that includes health care coverage to help reduce the risk of overdose," said Sen. Baldwin. "The opioid and substance use epidemic impacts every community across the country, but particularly incarcerated individuals who are working to reenter society. I’m proud to work with Democrats, Republicans, law enforcement, and the public health community on this reform to fight against this deadly epidemic and help those reentering our communities do so safely."

House, Senate Bills to Schedule "Tranq" Filed; KY MedMJ Bill Faces Crucial Votes Today, More...(3/30/23)

A State Department drug diplomat heads to Mexico City, the Missouri House gives initial approval to a therapeutic psilocybin study bill, and more.

Shops like this could be popping up soon in Kentucky if a medical marijuana bill passes today. (Creative Commons)
Medical Marijuana

Kentucky Medical Marijuana Bill Advances in House. A bill to legalize medical marijuana in the state, Senate Bill 47, that has already passed the Senate advanced in the House Wednesday just ahead of the final day of the legislative session today. To pass this session, the bill must now clear the House Licensing, Occupations & Administrative Regulations Committee and then pass a House floor vote today. If it does, the bill will go to the desk of Gov. Steve Beshear (D).

Psychedelics

Missouri House Approves Therapeutic Psychedelic Study Bill. The House has voted to approve House Bill 1154, which would require the state to conduct a study on using psilocybin for treating depression, substance use, or in end-of-life care. The bill still needs a final housekeeping vote in the House, but passed overwhelmingly this time. The bill would mandate that the Department of Health and Senior Services (DHSS) provide grants totaling $2 million for the research, subject to lawmakers approving the appropriation. The state would work with a medical center operated by the US Department of Veterans Affairs or with a state university hospital.

Drug Policy

House and Senate Bills Filed to Schedule Xylazine. A bipartisan bill to schedule the animal tranquilizer xylazine as a Schedule III controlled substance was filed in both the House and Senate on Tuesday. The drug, known colloquially as " tranq," is a powerful sedative and the subject of growing concern over its use by opiate and opioid users. While it has opioid-like sedative effects, it is not an opioid, so it does not respond to opiate overdose reversal drugs such as naloxone. It has been associated with soft-tissue wounds and necrosis that can lead to amputation. The DEA recently warned that "xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier."

Foreign Policy

Assistant Secretary for International Narcotics and Law Enforcement Affairs  Todd D. Robinson Travels to Mexico City. Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs (INL) Todd D. Robinson will travel to Mexico City, Mexico March 28-31 to open the U.S.-Mexico Synthetic Drug Conference and meet with INL’s partners in justice and law enforcement. The conference, co-hosted by INL and the Drug Enforcement Administration (DEA), will take place March 29-30, and will be attended by Assistant Secretary Robinson and Ambassador Kenneth Salazar, with recorded remarks by Secretary of State Antony Blinken.  The conference will focus on strengthening U.S.-Mexico bilateral cooperation to counter the health and security threats posed by illicit synthetic drugs. While in Mexico, Assistant Secretary Robinson will also hold meetings with Mexican government officials to discuss shared security goals.

International

Suspected ELN Militants Kill 9 Colombian Soldiers Near Venezuelan Border. At least nine soldier were killed and nine more injured in an attack on a military post in the state of Norte de Santander Wednesday. The military said it believed leftist rebels of the National Liberation Army (ELN) carried out the attack. The ELN is among a number of armed groups involved in the cocaine trade but has also been involved in peace talks with the government of left-wing President Gustavo Petro. If the ELN is shown to have carried out the attack, that could seriously complicate his effort to bring "total peace" to the country. Whoever carried out the attack is "absolutely far from peace and the people," Petro said. 

This Week's Corrupt Cops Stories

A former DARE cop gets decades in prison for sexually assaulting teens years ago, a south Texas cop faces an occupational hazard, and more. Let's get to it:

In Baltimore, a Baltimore corrections officer was arrested on February 26 (the arrest was not publicized until weeks later) for allegedly sneaking drugs and other contraband into Baltimore Central Booking. Guard Sunhild Priedt, 55, went down after a supervisory saw her holding a brown paper bag under sweater and then place it in a trash can and walk away. The supervisor retrieved the bag, which was found to contain 104 grams of tobacco, 55 grams of marijuana, and nearly 200 buprenorphine kits. She is charged with drug possession with the intent to distribute, possession of contraband with intent to deliver it to detainees and delivering contraband to detainees. She is being held without bond.

In Brownsville, Texas, a former Donna police officer was sentenced Tuesday to nine years in federal prison for using his police vehicle to provide protection for cocaine loads. Alejandro Martinez, 44, also diverted other officers from the trafficker's route. He had earlier pleaded guilty to conspiracy to possess with intent to distribute cocaine. He had been out on bond but was remanded to custody upon sentencing.

In Doylestown, Pennsylvania, a former suburban Philadelphia DARE officer was sentenced March 21 to a minimum of 24 ½ years in state prison for sexually abusing teens in the DARE program decades ago. James Carey, assaulted boys in the 1990s, while also serving in the Centennial School District as a resource officer with the then-federally funded program. Carey pleaded no contest to 20 counts of statutory rape, aggravated indecent assault without consent and related charges.

Two New Jersey Moms Sue Over Failed Drug Tests Caused by Poppy Seed Bagels [FEATURE]

Two New Jersey women who ate poppy seed bagels before going to the hospital to give birth, and were then reported for possible child abuse or neglect after testing positive for opiates, have filed complaints with state officials charging that the hospital that conducted the tests did so without their knowledge or consent. In doing so the hospital violated the state's law against discrimination on the basis of sex and pregnancy, they argued.

Eating poppy seed bagels can result in a positive drug test for opiates, and that can have consequences. (Pixabay)
In their complaints, the two women, referred to as Kaitlin K. and Kate L., charge that Hackensack University Medical Center and Virtua Voorhees Hospital subjected them to drug tests without their knowledge, and when their test results came back positive, reported them to the state Department of Child Protection and Permanency (DCPP).

Both women and their families were subjected to traumatic investigations by the DCPP during what should have been joyful first months with their new infants, shattering their trust in medical personnel and causing fear of further unnecessary intrusions by the state, their complaints say.

They are seeking to force both hospitals to end what they call an unlawful practice, as well as compensatory damages for emotional distress. They are being represented by the American Civil Liberties Union (ACLU) of New Jersey. Their case is the latest in which patients in several states -- including in New York, Illinois, and Pennsylvania -- have filed cases to challenge similar hospital practices, resulting in policy changes and monetary damages.

"No one should be subjected to unnecessary and nonconsensual drug tests. Our clients are sending a clear message to hospitals that these testing and reporting policies are unacceptable," said ACLU-NJ Staff Attorney Molly Linhorst. "Discriminatory testing policies like these upend what should be a time of joy for families, and so often subject them to further trauma and unwarranted investigation by the state."

"I felt like they were questioning my character and parenting skills," said Kate L. "I'm terrified of ever going to a hospital again; I'm always going to worry that our family could be torn apart. That's why we are doing all we can to stop this from happening to anyone else."

"I feel violated. This whole ordeal has been extremely stressful and has turned our lives upside down and now, because of what happened, I live in fear of medical tests and how they might be used against me as a mother," said Kaitlin K. "I found out later that the lab used a testing threshold far, far lower than what the federal government uses."

Maternal drug testing is not only discriminatory, but it and the decision on whether to report a positive result are also permeated with racial bias, with healthcare professionals are more likely to administer drug tests on pregnant Black women and their babies.

The practice is also opposed by health care providers who warn that it can deter people from seeking medical care during and after pregnancy. The American College of Obstetricians and Gynecologists specifically rejects drug testing in part of the legal consequences a positive test result can unleash.

Poppy seeds can lead to positive test results for opiates. "Research shows that morphine and codeine can sometimes be detected in the urine up to 48 hours after ingestion of poppy seeds from some pastries, such as bagels, muffins, and cakes," says the href="https://www.usada.org/spirit-of-sport/education/can-poppyseeds-cause-a-positive-drug-test/" target=_blank_>US Anti-Doping Agency, the national organization for US Olympic sports.

But positive drug tests from poppy seed bagels would not be a problem if doctors and hospitals were not doing such testing on patients without their knowledge or consent and with no good medical reason. Perhaps having to pay damages for the harm they inflicted on these two women will cause those hospitals to think twice.

DE Legal Pot Bills Go to Governor, FDA Approves OTC Naloxone, More... (3/29/23)

A North Carolina marijuana legalization bill has been filed, more New York regions have been cleared to license marijuana businesses, and more.

Naloxone nasal sprays will be available OTC by late summer, the FDA has announced. (Creative Commons)
Delaware Marijuana Legalization Bills Go to Governor. The Senate has approved a pair of bills that would legalize marijuana (House Bill 1) and regulate legal marijuana commerce (House Bill 2), sending the package to the desk of Gov. John Carney (D), who vetoed similar legislation last year. This year, both the House and the Senate passed the bills by veto-proof majorities. The package would legalize the possession of up to an ounce by people 21 and over, as well as create a regulatory framework that would allow for up to 30 pot shops. Retails sales would be taxed at 15 percent. After passage of the bills, the governor's office said he remained "concerned" by marijuana legalization. 

New York Able to Issue More Recreational Marijuana Licenses After Court Ruling. A ruling from the US 2nd Circuit Court of Appeal has cleared the way for state officials to issue recreational marijuana licenses in Brooklyn, central New York, the mid-Hudson region, and central New York. Licensing in those regions had been blocked by a temporarily restraining order issued on behalf of a Michigan entrepreneur who challenged the state's licensing system that aims to put the first round of licenses into the hands of people who had prior marijuana convictions or whose relatives did. His lawsuit charges that policy violates constitutional interstate commerce protections. That temporary restraining order has now been limited to the Finger lakes region. Licensing in nine other areas of the state, including the rest of New York City was not impacted by the lawsuit or the injunction.

North Carolina Marijuana Legalization Bill Filed. A measure to legalize marijuana, Senate Bill 346, was filed late last week. The bill would legalize the possession of up to two ounces and would allow for up to six plants to be grown for personal use. It would also create a taxed and regulated system of legal marijuana commerce, with a state retail tax of 20 percent and localities being able to add another three percent. A quarter of marijuana tax and fee revenues would go to a "community reinvestment and repair fund," while another 10 percent would go to a social equity fund and half would go to the state general fund. It would also include "the automatic expunction of certain marijuana offenses." The bill's seven sponsors are all Democrats. It is now before the Senate Committee on Rules and Operations.

Harm Reduction

Food and Drug Administration Approves Narcan Without a Prescription. The Food and Drug Administration (FDA) announced Wednesday that the opioid overdose reversal drug naloxone (Narcan) can now be sold over the counter (OTC). It is a move long sought by public health officials and harm reductionists who hope that it can help reduce the nation's opioid overdose death toll. OTC naloxone should be available on store shelfs in big box chains, supermarkets, convenience stores, gas stations, as well as online and in vending machines by late summer. "Today’s approval of OTC naloxone nasal spray will help improve access to naloxone, increase the number of locations where it’s available and help reduce opioid overdose deaths throughout the country," FDA Commissioner Dr. Robert Califf said. "We encourage the manufacturer to make accessibility to the product a priority by making it available as soon as possible and at an affordable price."

Federal Marijuana Cases Continue to Decline, Britain Plans to Ban Nitrous Oxide, More... (3/28/23)

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

"Whippets"--used nitrous oxide containers. Laughing gas could soon be banned in Britain. (CC)
Marijuana Policy

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also 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. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban. 

HI Legal Pot Bill Dead for This Year, CA Psychedelic Decrim Bill Advances, More... (3/27/23)

Hawaii's Democratic House speaker pumps the brakes on marijuana legalization, and Idaho medical marijuana bill emerges, and more.

Increased coca and cocaine production in Colombia is leading to paradoxical hard times for coca growers. (dea.gov)
Marijuana Policy

Hawaii Marijuana Legalization Bill Dies for Lack of House Hearing. A marijuana legalization bill, Senate Bill 669, that already passed the Senate and had the support of Gov. Josh Green (D) appears dead for the year after it failed to get a House hearing before a legislative deadline last week. The House leadership earlier this year killed off three other legalization bills in the same fashion, and House Speaker Scott Saiki (D) said  he preferred that lawmakers spend the summer "studying" legalization rather than acting now. The bill may be dead for this year, but the session extends into next year, so the bill could still arise again.

Medical Marijuana

Idaho Restrictive Medical Marijuana Bill Filed. A bill that would allow for the use of medical marijuana "for substantial health conditions," including AIDS, ALS, cancer, and more was filed in the House last Friday. Medical marijuana could not be smoked or vaped but is defined as "ingestible cannabis processed to a tablet, chewable, droplet or pill." The measure, House Bill 370, was introduced by Rep. John Vander Woude (R).

Psychedelics

California Psychedelic Drug Decriminalization Bill Passes Senate Public Safety Committee. The Senate Public Safety Committee has approved a measure to decriminalize the possession of plant- and fungi-based psychedelic drugs, Senate Bill 58. The bill would also remove bans on having psilocybin or psilocyn spores that can produce mushrooms and on having drug paraphernalia associated with all decriminalized drugs. The bill is the brainchild of Sen. Scott Weiner (D-San Francisco) and is a pared down version of broader psychedelic decriminalization he first introduce in 2021. That bill would have applied to synthetic psychedelics, including LSD and MDMA, as well, but was gutted until all that was left was a study bill. This year's bill continues the paring back; it removes peyote from the list of natural psychedelics to be decriminalized in a nod to the concerns of the Native American Church, which seeks to protect a scarce supply of peyote for spiritual purposes.

International

 

. Coca farmers from around the country are complaining that cocaine sales have collapsed after production of the drug hit record levels last year. The situation is causing a food crisis in Catatumbo, where the economy depends almost entirely on the coca and cocaine trade, said coca farmers' representative Leidy Diaz. "Coca paste has not been purchased for several months and this causes many families to be unable to meet their basic needs, such as food," she said. The situation is similar in other coca-growing regions, such as Narino and Cauca in the southeast and southern Putumayo province. 

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