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Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

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

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

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

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

Opiates and Opioids

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

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

Drug Policy

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

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

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

Harm Reduction

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

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

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

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

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

Enough fentanyl to kill you. (DEA)
Marijuana Policy

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

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

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

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

Opiates and Opioids

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

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

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

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

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

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

Marijuana Policy

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

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

Medical Marijuana

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

International

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

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

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

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

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

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

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

Marijuana Policy

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

Drug Policy

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

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

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

Harm Reduction

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

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

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

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

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

Medical Marijuana

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

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

Asset Forfeiture

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

Drug Policy

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

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

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

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

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

The Leadership Conference represents more than 230 national organizations.

International

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

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

Washington State Makes Drug Possession a Gross Misdemeanor [FEATURE]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This Week's Corrupt Cops Stories

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

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

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

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

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

Fatal Drug Overdoses Rose Only Slightly Last Year, White House Prods Naloxone Makers, More... (5/17/23)

Pot isn't the only thing you can buy in some Los Angeles-area pot shops, overdose deaths appear to have plateaued last year, and more.

Magic mushrooms are being sold openly in some Los Angeles-area pot shops even though they're still illegal. (Creative Commons)
Psychedelics

Los Angeles Pot Shops Are Openly Selling Magic Mushrooms. Some Los Angeles-area marijuana retailers are openly selling psilocybin mushrooms even though they remain prohibited under state and federal law. (A measure that would decriminalize them, Senate Bill 58, is currently before the legislature.) The sellers are responding to high demand for the popular psychedelics.

In one Los Angeles County shop visited by the Los Angeles Times, customers must hand over their drivers' licenses to a receptionist and put away their cell phones before being buzzed into a secured room to check out the psychoactive wares. A large glass jar is "filled to the brim with stubby mushrooms, which have brown caps and psilocybin's characteristic bluish tint," while other jars filled with "mushroom-infused" liquids are also on offer. As are chocolate bars with magic mushrooms and magic mushroom gummies.

The flouting of the drug laws is not without risk. The LA County Sheriff's Department says it has served search warrants at about 50 pot shops selling magic mushrooms in the last six months alone In April 2022, the department reported making 227 arrests at "illegal marijuana dispensaries" and seizing thousands of pounds of marijuana, as well as "29 pounds of mushrooms."

"They won't typically openly sell them," said Lt. Jay Moss of the Sheriff's Department's narcotics bureau. "They'll usually have a small amount -- two to 10 pounds, I'd say -- of mushrooms, and you have to ask for it because they don't have it on display. They might be somewhere out of view, like in the back. We investigate and serve search warrants at these illegal dispensaries in attempts to shut them down," he said. "The analogy is kind of like whack-a-mole: you shut them down and they reopen in another location."

Harm Reduction

White House Seeks to Prod Naloxone Makers. The Biden administration is seeking to prod manufacturers of the opioid overdose reversal drug naloxone to increase access to the drug and lower its cost. Dr. Rahul Gupta, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) "plans to have conversations with manufacturers to share his key principle moving forward: the easier it is for people to access naloxone, the more lives we can save," an ONDCP spokesperson said. The planned meeting is part of Biden administration efforts "to ensure naloxone is both accessible and affordable to everyone who may need it," the spokesperson added.

American health regulators approved an over-the-counter version of Narcan earlier this year. The Food and Drug Administration approved the first generic version of the drug in 2021.

Public Health

Fatal Drug Overdoses Hit Record High Last Year but Appear to Be Plateauing. Drug overdose deaths increased slightly last year after jumping mightily during the coronavirus pandemic, according to new data from the Centers for Disease Control and Prevention (CDC) suggesting that the increase in overdoses is leveling off. The CDC estimates the overdose death toll last year at 109,680, up two percent over the 107,622 deaths in 2021. But the increase is far lower than the 30 percent increase in 2020 and the 15 percent increase in 2021.

"The fact that it does seem to be flattening out, at least at a national level, is encouraging," said Katherine Keyes, a Columbia University epidemiology professor whose research focuses on drug use. "But these numbers are still extraordinarily high. We shouldn't suggest the crisis is in any way over."

MN Final Legal Pot Votes Coming Soon, WA Lawmakers Compromise on Drug Possession Law, More... (5/16/23)

A Florida marijuana legalization initiative will get a state Supreme Court review, Washington's governor signs into law a bill protecting pot-smoking employees, and more.

Cops will still be able to arrest people for drug possession under a Washington state compromise. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Gets State Supreme Court Review. State Attorney General Ashley Moody (R) on Monday formally submitted the marijuana legalization initiative from Smart and Safe Florida for vetting by the state Supreme Court. Proposed initiatives need more than 222,000 valid voter signatures to qualify for review by the court, and the Smart and Safe Florida initiative has already wildly exceeded that number. The high court will determine issues such as whether the proposed ballot language is clear and whether it is limited to a single subject. When Moody filed the initiative for review Monday, she signaled that she would oppose it, writing that "the proposed amendment fails to meet the requirements" of part of state law. Opponents successfully used Supreme Court review to block two legalization initiatives in 2021.

Minnesota Lawmakers Finalize Adult-Use Legalization Language, Prepare to Send It to Governor's Desk. With the legislative session set to end this week, lawmakers have resolved differences between the legalization bills passed by the two chambers, Senate File 73 and  House File 100, and each chamber is now preparing for final floor votes, which could happen as early as Wednesday. Democratic Gov. Tim Walz will sign it into law once it reaches his desk. The final agreement sets possession limits at two ounces for flowers and allows for the home cultivation of up to eight plants, four or which can be mature. The measures also include the automatic review and expungement of certain marijuana-related offenses and sets up a system of taxed and regulated marijuana commerce. Retail sales will be taxed at 10 percent and onsite consumption will be allowed at permitted events.

Washington Governor Signs Bill Protecting Employees from Drug Testing for Marijuana. Gov. Jay Inslee (D) has signed into lawSenate Bill 5132 to lay out broad protections for employees who consume marijuana while imposing limitations on employment drug testing for marijuana. There are exemptions for exemptions for jobs that involve federal security clearances or background investigations, in law enforcement, the fire department, first responders, corrections officers, the airline or aerospace industries, or in safety-sensitive positions.

The law says: "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."

Drug Policy

Washington State Lawmakers Reach Deal to Keep Drug Possession a Crime. Faced with a July 1 deadline to replace the state's felony drug possession law, which was invalidated by the state Supreme Court in 2021, bipartisan legislative leaders announced Monday that they had reached a deal under which simple drug possession would be a gross misdemeanor punishable by up to six months in jail for the first two offenses and up to a year after that. Police and prosecutors, though, would be encouraged to divert cases for treatment and other social services, and the compromise includes millions of additional dollars to pay for that. Prosecutors would have the ability to ask courts to end pre-trial diversion if defendants fail to make substantial progress. The legislature is set to vote on the proposal today. Lawmakers earlier rejected efforts both to reinstate the felony drug possession charge and to decriminalize drug possession.

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

Amsterdam Bans Outdoor Pot Smoking in Red Light District, AK Drug Sentencing Bill Advances, More... (5/15/23)

The House passes a bill to fund research into the veterinary-drug-turned-fentanyl-supplement Xylazine, a former Filipina president introduces a medical marijuana bill, and more.

You're going to have to go inside if you want to smoke pot in Amsterdam's Red Light District. (Creative Commons)
Drug Policy

House Passes Bill to Fund Research into Xylazine. The veterinary drug Xylazine, also known as Tranq, has entered illicit drug markets, leaving behind a toll of disease, amputations, and overdoses. Now, the House has responded by passing H.R. 1374, the Tranq Research Act. The bill would fund research into the drug at the National Institute of Science and Technology. Companion legislation in the Senate, S.1280, is currently before the Senate Commerce, Science and Transportation Committee. Meanwhile, another effort to address Xylazine by making it a Schedule III controlled substance, S.993, is before the Senate Judiciary Committee.

Alaska House Approves Bill to Increase Drug Distribution Sentences. The House last Thursday approved House Bill 66, which would increase penalties for people who distribute fentanyl, other opioids, and methamphetamine. The bill would allow for second degree murder charges for people who distribute those drugs if someone suffers a fatal overdose on them. Previously, people only faced a manslaughter charge. A second degree murder conviction has a maximum 99-year prison sentence. The bill also increases penalties for people who distribute a broad class of drugs, including Adderall and psychedelic mushroom, to people under 19 and incapacitated people. The bill is now before the Senate Judiciary Committee and must pass the full Senate this week because the session ends at the end of this week.

International

Amsterdam Bans Outdoor Pot Smoking in Red Light District. The city council has announced that as of mid-May, the city's famous Red Light District, home to legal prostitution and numerous cannabis coffeeshops, is going smoke-free when it comes to marijuana. That means pot smoking will be restricted to the cannabis cafes, but the council also said he could extend the ban to outdoor seating areas of the cannabis cafes if necessary. The move is part of the city's effort to create a more calm and comfortable environment for residents, who have been complaining for years about the high volume of tourists in the city center -- about 18 million annually. The council also mandated that sex workers shut down by 3:00am instead of 6:00am and that bars and restaurants will have to close at 2:00am on weekdays and 4:00am on weekends. Also, liquor outlets in the central city will be barring from selling alcohol from 4:00pm Thursday through Sunday.

Philippines Medical Marijuana Bill Filed. Former president and current Senior Deputy House Speaker Gloria Macapagal-Arroyo and former House speaker Pantaleon Alvarez have joined forces to file House Bill 7187, which would legalize marijuana for medical purposes. The measure is identical to a medical marijuana bill she filed in the previous congress. That bill never got a House floor vote.

"I really believe in medical cannabis. As you know I have my problem here (cervical spine) and when I'm in a country that allows it, I put on a pain patch, but here in the Philippines I cannot do it," Maccapagal-Arroyo said. "I authored that bill because I believe that it can help me and many other people, but there was a lot of objection to the bill from the House and from the Senate. That's why we are just letting the legislative process take its course," she explained.

NH Senate Kills Legal Pot Bill, Philippines Drug War Critic Acquitted on Drug Charge, More... (5/12/23)

New Hampshire's governor changes his tune on marijuana legalization, the Connecticut House approves psilocybin decriminalization, and more.

Marijuana Policy

New Hampshire Senate Again Kills Marijuana Legalization Bill. As in years past, the Senate has once again killed a marijuana legalization bill, House Bill 639, leaving the state the only one in New England to still maintain marijuana prohibition. Republicans, who control the Senate, killed the bill on a near party-line vote, with one Democrat joining with them. They cited an ongoing drug addiction and overdose crisis in the state.

"Recreationalizing marijuana at this critical juncture would send a confusing message, potentially exacerbating the already perilous drug landscape and placing more lives at risk," Republican Senate President Jeb Bradley said in a written statement.

New Hampshire Governor Now Ready to Support Marijuana Legalization. Gov. Chris Sununu (R), a longtime opponent of marijuana legalization, is ready to change his tune -- as long as legalization is on his terms. In a press release Friday, he touted his signing of a decriminalization bill and the expansion of medical marijuana under his administration, but signaled his openness to some form of legalization in the near future.

"In the past, I said now is not the time to legalize marijuana in New Hampshire. Across this country and in the midst of an unprecedented opioid crisis, other states rushed to legalize marijuana with little guardrails. As a result, many are seeing the culture and fabric of their state turn," he said.

"NH is the only state in New England where recreational use is not legal. Knowing that a majority of our residents support legalization, it is reasonable to assume change is inevitable. To ignore this reality would be shortsighted and harmful. That is why, with the right policy and framework in place, I stand ready to sign a legalization bill that puts the State of NH in the drivers seat, focusing on harm reduction  -- not profits. Similar to our Liquor sales, this path helps to keep substances away from kids by ensuring the State of New Hampshire retains control of marketing, sales, and distribution  -- eliminating any need for additional taxes. As such, the bill that was defeated in NH this session was not the right path for our state.

"New Hampshire must avoid marijuana miles  --  the term for densely concentrated marijuana shops within one city or town. Any city or town that wants to ban shops should be free to do so. The state would not impose any taxes, and should control all messaging, avoiding billboards, commercials, and digital ads that bombard kids on a daily basis."

Opiates and Opioids

Senators Hassan and Shaheen Cosponsor Bipartisan Bill to Combat Fentanyl Crisis. Senators Maggie Hassan (D-NH) and Jeanne Shaheen (D-NH) have cosponsored the bipartisan Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act. This bill targets the illicit fentanyl supply chain by strengthening current law and allowing the Treasury Department to increase penalties for synthetic opioid trafficking and money laundering. The FEND Off Fentanyl Act is a sanctions and anti-money laundering bill that will allow US government agencies to more easily go after illicit opioid traffickers. The bill would:

  • Declare that the international trafficking of fentanyl is a national emergency.
  • Require the President to impose sanctions on transnational criminal organizations and drug cartels' key members engaged in international fentanyl trafficking
  • Enable the President to use proceeds of forfeited, sanctioned property of fentanyl traffickers to further law enforcement efforts
  • Enhance the ability to enforce sanctions violations thereby making it more likely that people who defy U.S. law will be caught and prosecuted
  • Require the administration to report to Congress on actions the U.S. government is taking to reduce the international trafficking of fentanyl and related opioids
  • Allow the Treasury Department to utilize special measures to combat fentanyl-related money laundering
  • Require the Treasury Department to prioritize fentanyl-related suspicious transactions and include descriptions of drug cartels' financing actions in Suspicious Activity Reports

Psychedelics

Connecticut House Approves Psilocybin Decriminalization Bill. The House on Wednesday voted to approve House Bill 6734, which would decriminalize the possession of psilocybin mushrooms. The bill decriminalizes the possession of up to half an ounce of 'shrooms, with the only penalty being a $150 fine on a first offense and fines of up to $500 for subsequent offenses. Currently, possession of psilocybin is a misdemeanor punishable by up to a year in jail. The bill now goes to the Senate.

International

Philippine Court Acquits Duterte Critic Leila de Lima of Drug Charges. Former Senator Leila de Lima, who has been held prisoner for six years after criticizing former President Rodrigo Duterte's bloody drug, was acquitted Friday of a drugs charge that was laid after Duterte accused her of taking bribes from drug gangs in prisons in the wake of her Senate investigation of his drug crackdown that left thousands dead. This is the second charge on which she has been acquitted; a third remains, but critics of the campaign against her have called for the remaining charge to be dropped.

"I had no doubt from the very beginning that I will be acquitted in all the cases the Duterte regime has fabricated against me based on the merits and strength of my innocence," she said in a statement. "I'm still asking for even more prayers for another case," she added as she returned to prison pending resolution of that charge.

SAFE Banking Act Gets Senate Hearing, Iran Hangs Three Cocaine Traffickers, More... (5/11/23)

Kansas becomes the latest state to legalize fentanyl test strips, the Arizona Senate folds psilocybin research funds into a budget bill, and more.

They were talking marijuana and banking on the Hill Thursday. (Creative Commons)
Marijuana Policy

SAFE Banking Act Gets Senate Committee Hearing. The Senate Banking Committee held a hearing Thursday to discuss marijuana banking issues with a focus on the Secure and Fair Enforcement (SAFE) Banking Act (S.1323). No votes were taken at the hearing, which was announced as "Examining Cannabis Banking Challenges of Small Businesses and Workers." Testifying before the committee were bill sponsors Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT), as well as representatives of the Cannabis Regulators of Color Coalition (CRCC), United Food and Commercial Workers International Union (UFCW), Dama Financial and Smart Approaches To Marijuana (SAM).

"The cannabis landscape looks far different than it did a few short years ago," Banking Committee Chairman Sherrod Brown (D-OH) said in opening remarks. "Cannabis has been legalized or decriminalized in almost every state. States and localities have established licensing and social equity programs to ensure that small businesses and communities impacted by the War on Drugs are part of the growing legal cannabis industry."

Harm Reduction

Kansas Governor Signs Fentanyl Test Strip Legalization Bill into Law. Gov. Laura Kelly (D) on Thursday signed into law Senate Bill 174, which legalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Last year, a similar bill passed in the House only to stall in the Senate.

"Overdoses caused by fentanyl have devastated communities across Kansas and the nation," Gov. Kelly said. "By decriminalizing fentanyl test strips, we are providing the resources needed to combat the opioid and fentanyl epidemic so that families and loved ones no longer have to feel the pain of a preventable death."

The bill also increases criminal penalties for those who manufacture or distribute fentanyl.

Psychedelics

Arizona Senate Approves Psilocybin Research Grants as Part of Budget. The Senate on Wednesday approved an appropriations bill that includes $5 million in funding for psilocybin research. A standalone bill introduced earlier this year would have also funded psilocybin research at a higher level, but Gov. Katie Hobbs (D) and top lawmakers agreed to slide the provision into the budget bill. Another budget measure that passed the Senate Wednesday contains detailed requirements for the clinical trials funded by those dollars. The House has already given initial approval to a companion version of the legislation, with a final vote coming soon.

International

Iran Hangs Three Cocaine Traffickers as UN Warns of Rising Number of Executions. Iranian state media reported that three men who were members of the "largest cocaine distribution cartel" were hung for cocaine trafficking on Wednesday. Their names are Hossein Panjak, Abdolhossein Emami Moghadam, and Babak Aghaei. They had been arrested in a 2014 raid in which 2.2 pounds of cocaine, methamphetamine, and opium were seized.

A day earlier, UN human rights chief Volker Turk criticized Iran's "abominable" record of executions this year, saying that it had hanged an average of 10 people a week so far this year. If the current rate of executions continues through the year, it would reach the highest number since 2015 when 972 people were hung. Back then, a large number of executions were for drug offenses, but Iran changed its drug laws in 2018, radically reducing the number of drug executions. It is not clear how many of this year's executions were for drug offenses, but the regime has been executing political opponents amid months of sustained civic unrest.

Chronicle Book Review: Bizarro

Bizarro: The Surreal Saga of America's Secret War on Synthetic Drugs and the Florida Kingpins It Captured by Jordan S. Rubin (2023, University of California Press,, 267 pp,, $27.95 HB)

Burton Ritchie was the owner of the Psychedelic Shack, a head shop in Pensacola, Florida. In addition to t-shirts and incense and posters and bongs, he also sold synthetic cannabinoids -- lab-created chemicals with psychoactive effects, some quite different from those of marijuana -- that went by names such as K2 and spice.

With his partner, Ben Galecki, the enterprising entrepreneur decided to get deeper into the profitable action, creating a company to manufacture the stuff in bulk with synthetic cannabinoids manufactured by Chinese chemical companies. Aware that he was skirting the edge of legality after the original compound JWH-018 was federally scheduled, Ritchie quarantined new shipments of different, unregulated synthetic cannabinoids until they had been tested in labs and verified not to be federally banned substances.

A fan of the Superman comic franchise, Ritchie dubbed his product Bizarro and packaged it with a reverse Superman logo in various flavors. (Ritchie would replace the word "flavors," though, with the word "scents" in order to maintain the fiction that the products were "not intended for human consumption," as noted on the label.)

Ritchie and Galecki made a quick fortune with Bizarro and got out of the business as federal heat on the industry heightened. After their Bizarro factory was raided -- not because of Bizarro but because neighbors thought it was an illegal pot grow -- Ritchie contacted the DEA, provided product samples and invoices to a DEA agent and volunteered to shut the business down immediately on the agent's say so, because, as he said repeatedly, he didn't want to "fight city hall." The agent told them not to worry about it.

But they were still spooked and sold their company. Now, they're sitting in federal prison, doing lengthy sentences for the sale of analogues of banned synthetic cannabinoids. Bizarro tells the story of how they ended up there.

It centers on a bizarre piece of drug war legislation, the Reagan-era Analogues Act, which criminalized the production and distribution of chemical compounds "substantially similar" to already controlled substances. The problem is that "substantially similar" has no defined meaning. It is not a term of science. And that means no one knows if a substance is "substantially similar" enough to a controlled substance to merit prosecution under the statute unless a federal prosecutor tries to make the case -- and a jury buys it.

Even more bizarrely, the DEA conducts analyses of potential analogues and decides whether they are analogues or not -- but does not make that information publicly available, which results in people being prosecuted for substances they didn't even know were illegal.

Journalist and former Manhattan narcotics prosecutor Jordan S. Rubin takes the reader through the legislative history of the Analogues Act, the battles among DEA chemists over whether or not substances were "substantially similar" enough to controlled substances to be banned (and their purveyors prosecuted), and the twists and turns of a number of legal cases, particularly Ritchie and Galecki's, as jurists, prosecutors, and defense attorneys sparred over the meaning and application of the law.

It's a fascinating bit of drug war history, and prosecutions under the Analogues Act are largely history now. That is because federal prosecutors are leery of rolling the dice with juries. They have lost enough cases to know that analogue prosecutions under the act are no sure thing.

But now, Rubin reports, they have something better: class-wide scheduling. In 2018, the DEA used its emergency powers to schedule all fentanyl-related substances on a class-wide basis, meaning that the substance was illegal if it met the broad structural criteria laid out by the DEA. The substance need not behave like fentanyl at all -- it is still illegal. And unlike fentanyl, which is Schedule II, the analogues are classified as Schedule I, even though no one knows if they are better, worse, or the same as fentanyl, or whether they could be helpful.

This raises some of the same issues around civil rights and science that the Analogues Act prosecutions did. And it is an ongoing issue. The DEA's temporary scheduling has been extended repeatedly, and the Biden administration is calling on Congress to make it permanent -- much to the dismay of drug reformers and researchers. Bizarro shines a spotlight on the surrealistic story of the original Analogues Act and provides the reader with some inkling of what the supercharged version being contemplated now could deliver. It is a brisk and thoughtful addition to the literature of drug policy.

This Week's Corrupt Cops Stories

A sticky-fingered Pennsylvania drug task force commander heads to prison, a small-town Alabama cop gets caught planting dope, and more. Let's get to it:

In Centre, Alabama, a Centre police officer was arrested last Wednesday for allegedly planting evidence in drug cases. Now former-Officer Michael Kilgore is charged with criminal conspiracy to commit a controlled substance crime-distribution. No other information was available.

In Westville, Indiana, a guard at the Westville state prison was arrested last Thursday after she was caught bringing marijuana to a male inmate inside a Cheetos bag. Adeja Cunningham, 24, went down after prison authorities found that Cunningham and the prisoner had been communicating on Instagram and "they talked about picking up something and that it would be in the chips," according to court documents. She is charged with fifth degree felony trafficking with an inmate.

In Columbia, South Carolina, a Lee Correctional Institution guard was arrested Monday after she was found trying to bring a metal grill mouthpiece into the prison hidden in her hair. Guard Alkeena Eu-Neiger Hackett got in more trouble when investigators then searched her vehicle and found "a rock-like substance containing fentanyl" with a weight of 129 grams. She is charged with trafficking fentanyl, providing prisoners with contraband and criminal conspiracy.

In Lancaster, Pennsylania, the former head of the Lancaster County Drug Task Force was sentenced last Friday to between eight and 22 months in state prison for stealing funds seized by the task force between 2014 and 2020. John Burkhart will also have to pay back $140,000 in restitution. Burkhart stole seized cash from the task force's safe instead of depositing it in the Lancaster County general fund and went down after investigators noticed discrepancies in the recording of cash seizures. He pleaded guilty in March to charges of theft by deception and theft by failure to make required disposition of funds.

DEA Extends Telehealth for Buprenorphine, Colombia Legal Pot Bill Advances to Senate, More... (5/10/23)

Washington State bans discrimination against potential new hires over off-the-job marijuana use, Senate drug warriors file a bill aimed at counterfeit pills, and more.

Legal marijuana is one step closer in Colombia after it won approval in the Chamber of Representatives. (irin.org)
Marijuana Policy

Washington Becomes Latest State to Ban Pre-Employment Tests for Marijuana. Gov. Jay Inslee (D) has signed into law Senate Bill 5123, which bars employers from using a positive test for marijuana to disqualify potential new hires. As of January 1, 2024, it will be "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." Employers can, however, still punish employees for positive marijuana test results even if the use was off-the-job and there are exemptions for certain safety-sensitive employers.

Drug Policy

DEA Extends Pandemic Telehealth Prescribing Rules, Including for Buprenorphine. The Drug Enforcement Administration (DEA) has extended under November 11 rules created during the pandemic that allow for the prescribing of controlled substances via telehealth. The agency says it will make a final decision on whether to make the changes permanent before the current extension expires. The rule has drawn the interest of drug reformers because it allows for telehealth access to buprenorphine, which is used to treat opioid use disorder.

Senators File Bill to Attack Counterfeit Pill Production. Senate Caucus on International Narcotics Control co-chair Sen. Charles Grassley (R-IA), Sen. Dianne Feinstein (D-CA), and Sen. Maggie Hasan (D-NH) have filed a bill that seeks to halt a surge in counterfeit pills containing methamphetamine, fentanyl, or fentanyl analogues, the Stop Pills that Kill Act.

The bill does not mandate new or increased criminal penalties but requires the DEA to come up with a plan to address the problem within 180 days and requires the agency, the Office of National Drug Control Policy (ONDCP -- the drug czar's office), and the attorney general to file an annual report "on information regarding the collection and prosecutions of counterfeit fentanyl and methamphetamine substances." The bill would, however, "ensure that existing penalties for possessing paraphernalia used to manufacture methamphetamine would also apply to possessing paraphernalia used to make counterfeit pills that contain methamphetamine, fentanyl and fentanyl analogues."

The bill is endorsed by a variety of anti-drug groupings, including the National Narcotic Officers' Associations Coalition, Community Anti-Drug Coalitions of America, Song for Charlie, Victims of Illicit Drugs, Major Cities Chiefs Association and National District Attorneys' Association. But the bill's purpose, if not its precise language, could be consistent with the harm reduction approach as well, in in this case by helping drug users avoid taking pills that they think are one thing but are really another.

International

Colombia Chamber of Representatives Approves Marijuana Legalization; Bill Now Heads to Senate for Final Votes. A marijuana legalization bill has won final approval in the Chamber of Representatives and now heads to the Senate, where it must win a committee vote before heading for a final Senate floor vote. The bill passed the lower chamber by a vote of 98-57. A legalization bill passed both chambers last year but since it is in the form of a constitutional amendment, it has to be passed by both chambers in two separate calendar years.

OH Legalization Init Gathering Signatures, CA Drug War Reparations, More... (5/9/23) Blacks

Marijuana legalization hits a bump in New Hampshire, Jordan kills a Syrian drug trafficker in a cross-border air strike, and more.

Ohio voters could vote on marijuana legalization in November -- if activists come up with signatures first.
Marijuana Policy

New Hampshire Senate Committee Rejects House-Backed Marijuana Legalization Bills, but Floor Votes Still Coming. The Senate Judiciary Committee has voted against two marijuana legalization bills, deeming them "inexpedient to legislate." The committee rejected a full-blown commercial legalization bill sponsored by bipartisan House leaders, House Bill 639, as well as a second bill that would only have led to non-commercial legalization. Despite the committee votes, the bills are still technically alive and could see Senate floor votes as early this week, but given the rejection by the committee, the prospects for passage in the Senate are dim.

Ohio Activists Begin Second Round of Signature Gathering to Put Marijuana Legalization Initiative on November Ballot. The Coalition to Regulate Marijuana like Alcohol has commenced a new round of signature gathering to put its marijuana legalization initiative on the November ballot. The coalition earlier gathered enough valid voter signatures to put the issue before the legislature, which under state law had four months to approve it but failed to do so, clearing the way for organizers to take the issue directly to voters if it comes up with enough signatures in this round. The coalition now has 90 days to come up with 124,046 valid voter signatures to get on the November ballot and it says it is confident it will do so.

Drug Policy

California Task Force Recommends $228 Billion in Drug War Reparations for Black Residents. A task force empaneled by Gov. Gavin Newsom (D) has recommended that the state legislature pass reparations legislation to compensate about two million Black state residents to the tune of $228 billion for racially disproportionate harms caused by a half-century of drug war. The California Task Force to Study and Develop Reparation Proposals for African Americans voted Saturday to submit its recommendations to the governor.

The task force "recommends that compensation for community harms be provided as uniform payments based on an eligible recipient's duration of residence in California during the defined period of harm (e.g., residence in an over-policed community during the 'War on Drugs' from 1971 to 2020)," the report says. The task force also recommended that "the Legislature enact an individual claims process to compensate individuals who can prove particular injuries, for example, an individual who was arrested or incarcerated for a drug charge during the war on drugs, especially if the drug is now considered legal," i.e. marijuana. The reparations figure comes out to $2,352 per Black Californian for each year of residency in the state during the 50-year period.

"African American residents in California who were incarcerated for the possession or distribution of substances now legal, such as cannabis, should additionally be able to seek particular compensation for their period of incarceration, as discussed above," the task force said. The racially biased war on drugs in the state resulted in "massively disproportionate incarceration of African Americans" and also contributed to "unemployment and houselessness in many economically depressed African American communities once incarcerated African Americans were eventually released."

International

Jordan Carries Out Air Strikes on Syrian Drug Factory, Drug Trafficker. A pair of air strikes carried out by the Jordanian Air Force Monday hit an abandoned drug factory in the southern Syrian province of Deraa and the home of a Syrian "drug kingpin" in neighboring Sweida province. The strikes destroyed the drug factory and killed Syrian trafficker Marie al-Ramthan and his family at their home.

Intelligence sources said the drug factory was a meeting place for Hezbollah drug traffickers and that Ramthan had recruited hundreds of Bedouins to transport drugs and enlisted them in the ranks of militias sympathetic to Iran. Ramthan faced several death sentences in Jordan for drug trafficking. Jordan has declined to confirm the strikes, but "two regional intelligence and a Western diplomatic source who tracks the situation in southern Syria" confirmed they had occurred. War-ravaged Syria is a center for the production and distribution of the amphetamine captagon, but the Syrian government denies any involvement in the drug trade, as do Iran and its Lebanese ally Hezbollah.

NIDA Issues $5 Million Grant to Study Safe Injection Sites, Massive Honduras Coca Plantation, More... (5/8/23)

A New York bill increasing civil penalties for illicit pot shops is signed into law, Oregon regulators approve the nation's first licensee for therapeutic psilocybin services, and more.

Fentanyl test strips. The Florida legislature has become the latest to decriminalize them. (Creative Commons)
Marijuana Policy

New York Governor Signs Bill to Increase Civil Penalties for Illicit Pot Shops. Gov. Kathy Hochul (D) last Wednesday signed into law Assembly Bill 3281, which increases civil and tax penalties for unlicensed marijuana retailers, including fines of up to $20,000 a day. The move is aimed at reigning in an illicit marijuana market in the state that exploded in the months-long gap between marijuana being legalized and licensed retail sales that only recently began. At this point, there are only a handful of licensed marijuana outlets in the state compared to more than a thousand unlicensed outlets in New York City alone.

"As New York State continues to roll out a nation-leading model to establish its cannabis industry, these critical enforcement measures will protect New Yorkers from illicit, unregulated" Hochul said. "Unlicensed dispensaries violate our laws put public health at risk and undermine the legal cannabis market. With these enforcement tools, we're paving the way for safer products, reinvestment in communities that endured years of disproportionate enforcement, and greater opportunities for New Yorkers."

Medical Marijuana

Florida Lawmakers Approve Bill to Allow Telehealth Renewals for Medical Marijuana, Help Black Farmers Get Grow Licenses. With a final vote in the Senate last Wednesday, the legislature approved House Bill 387. The measure allows doctors to renew approvals for medical marijuana patients via telehealth. New patients will still require an in-patient exam. The measure could also help Black farmers get medical marijuana grow licenses after years of delays. Only one license has been issued to a Black farmer, and this bill could lead to the Department of Health issuing additional licenses to Black farmers.

Psychedelics

Oregon Regulators Approve Nation's First Psilocybin Service Center. The Oregon Health Authority has awarded a license to EPIC Healing in Eugene to provide therapeutic psilocybin services, where people can use the psychedelic in a supervised and facilitated environment. This is a national first and comes after state voters approved therapeutic psilocybin services in 2020. Now, the state has issued at least one license in all four licensing categories -- facilitators, testing labs, psilocybin manufacturing, and therapeutic services.

"This is such a historic moment as psilocybin services will soon become available in Oregon, and we appreciate the strong commitment to client safety and access as service center doors prepare to open," Oregon Psilocybin Services (OPS) Section Manager Angie Allbee said in a press release.

Harm Reduction

Federal Government Provides Grant to Study Safe Injection Sites. New York University and Brown University announced Monday that they had received a four-year, $5 million grant to study whether safe injection sites can prevent drug overdoses, estimate their costs, and weigh potential savings for health care and criminal justice systems. This marks the first time the federal government has paid for such a study. The study will focus on two safe injection sites already operating in New York City and one set to open next year in Rhode Island and hopes to enroll a thousand adult drug users. The grant comes from the National Institute on Drug Abuse (NIDA). Studies from the 14 countries that currently allow safe injection sites have found they radically reduce drug overdose deaths.

"There is a lot of discussion about overdose prevention centers, but ultimately, we need data to see if they are working or not, and what impact they may have on the community," said NIDA director Dr. Nora Volkow.

Florida Lawmakers Pass Bill to Decriminalize Fentanyl Test Strips. The House last Wednesday gave final, unanimous approval to a bill that decriminalizes fentanyl test strips by removing them from the state's list of drug paraphernalia, Senate Bill 164. More than 6,000 Floridians died in drug overdoses implicating fentanyl in 2020. A similar bill failed last year after some critics claimed that legalizing the test strips would incentive drug use.

International

Honduran Police Seize a Million Coca Plants, Rustic Labs. The Honduran National Police announced that a raid last Friday in a protected forest reserve in the eastern part of the country resulted in the seizure of more than one million coca plants, two million seedlings, and "four rustic structures" used to extract alkaloids from the coca leaf and store chemicals used in the process. While coca has traditionally been grown almost exclusively in its native Andean region of South America, Honduran authorities have been encountering small coca plantations on their soil since 2017, but never one approaching this size.

Maryland Governor Signs Legal Marijuana Commerce Bill Into Law [FEATURE]

Last November, Maryland voters made it abundantly clear that they wanted marijuana legalization by approving a referendum to that effect. On Wednesday, with the signing of enabling legislation by Gov. Wes Moore (D), the legislature and the executive branch have enacted the expressed will of the voters, laying the groundwork for a state system of taxed and regulated marijuana sales.

They had to hustle to get something in place before the legalization of marijuana possession goes into effect in July, and with the passage of Senate Bill 516/House Bill 556, they have done so. It did not happen without a bunch of wrangling at state house, as the House and Senate modified the bills and then had to compromise to reach agreement, but now it has happened.

"The criminalization of marijuana harmed low-income communities and communities of color in a profound way," Moore said at a signing ceremony Wednesday. "We want to make sure that the legalization of marijuana lifts those communities now in a profound way." The new law will "ensure that the rollout of recreational cannabis in our state drives opportunity in an equitable way," he added.

Here are key provisions of the new law:

  • A new, independent Maryland Cannabis Administration will be responsible for regulating the program.
  • Sales will begin on July1, with existing medical marijuana dispensaries being licensed to sell to the adult recreational market. Licensing of additional marijuana businesses will come no later than July 1, 2024.
  • Licenses will be capped at 300 retail shops, 100 processors, and 75 growers. Additionally, there will be 10 retail, 100 processor, and 100 grower licenses for "microbusinesses."
  • Retail marijuana sales will be taxed at 9 percent, with 35 percent of those revenues going to a community reinvestment fund. Counties, the Cannabis Public Health Fund and the Cannabis Business Assistance Fund will each get five percent of revenues. Localities cannot impose additional taxes.
  • Applicants claiming social equity status will have to have 65 percent ownership by people who lived at least half of the last decade in disproportionately impacted areas or who attended public school in one of those areas for at least five years. Social equity applicants will be eligible for a Capital Access Program to provide low interest loans and promote industry opportunities. Additionally, beginning in 2025, existing medical marijuana dispensaries that form "meaningful partnerships" with social equity applicants will be eligible for grants for which $5 million will be appropriated each year.
  • Delta-8 hemp products will no longer be sold in the open market, but will have to be sold through licensed marijuana businesses.
  • Medical marijuana patients will see the number of plants they can grow double from two to four, but only patients will be able to grow their own.
  • New marijuana retailers will face geographic restrictions. They will have to be at least 1,000 feet apart from each other and cannot be within 500 feet of a school, childcare facility, playground, recreational center, library or public park.
  • To avoid monopolization, a single business will not be able to operate more than four retail shops.
  • Marijuana smoking will not be allowed indoors at consumption lounges, but only outdoors.
  • Smoking will not be permitted indoors at on-site consumption facilities, but people could do so on outdoor patios at licensed facilities.

And Maryland now hops with both feet on the legal marijuana bandwagon.

SAFE Banking Act Hearing Looms, FL Lawmakers Approve Fentanyl Test Strip Bill, More... (5/5/23)

A Vancouver man's experiment with "safe supply" drug sales is quickly ended by police, a Pennsylvania marijuana legalization bill is filed, and more.

The SAFE Banking Act could get a hearing as early as next week. (Creative Commons)
Marijuana Policy

Key Senate Committee Chairman Says Marijuana Banking Bill Could Get Hearing Next Week. Sen. Sherrod Brown (D-OH), chair of the Senate Banking Committee, said Thursday that lawmakers are ready to "move quickly" on the Secure and Fair Enforcement (SAFE) Banking Act (S.1323)and that a hearing on it could be scheduled as early as next week. No hearing has yet been formally scheduled, but both Democratic and Republican senators are pushing for quick action on the bipartisan bill. The bill is aimed at providing state-legal marijuana businesses with access to financial services. Similar legislation failed in the Senate last year despite repeatedly passing the House.

Pennsylvania Lawmakers File Marijuana Legalization Bill with State-Run Stores. Rep. David Delloso (D) and 20 cosponsors have filed a bill that would allow legal marijuana sales through state-run stores, House Bill 1080. Delloso filed similar legislation last year. The bill would also provide permits for growers to cultivate marijuana once adult-use sales are approved. The bill sets a retail marijuana sales tax of 19 percent with all revenues going to the state's general fund. Gov. Josh Shapiro (D) has proposed marijuana legalization with a private commercial system as part of his budget request in March and has yet to take a position on this legislation.

Psychedelics

Washington County Effectively Decriminalizes Natural Psychedelics as State Grapples with New Drug Possession Laws. The Jefferson County Board of Commissioners voted earlier this week to pass a resolution effectively decriminalizing natural entheogens as the state faces a looming deadline to enact a new drug possession law after the state Supreme Court threw out the old one. Gov. Jay Inslee (D) has called a special session of the legislature to take up the matter after lawmakers failed to reach a consensus during the regular session. If lawmakers fail to act before July 1, the state will again have no drug possession law.

Harm Reduction

Florida Lawmakers Approve Fentanyl Test Strip Decriminalization Bill. With a final vote in the House Thursday, the legislature has approved a bill that decriminalizes fentanyl test strips by removing them from the state's list of drug paraphernalia, Senate Bill 164. More than 6,150 Floridians died of fentanyl overdoses in 2020. The bill now goes to the desk of Gov. Ron DeSantis (R).

International

Vancouver Man Opens Shop Selling "Safe Supply" Hard Drugs, Gets Arrested. Canadian activist Jerry Martin wanted to encourage a "safe supply" of drugs for the safety of drug users, so on Wednesday he opened a mobile storefront offering up to 2.5 grams of lab-tested drugs such as cocaine, methamphetamine, and heroin for sale. "Providing a safe, clean supply is going to hopefully stop a lot of the overdoses and a lot of the injuries and stop girls from having to do certain things just to get their drugs," he said.

With permission from the federal government, British Columbia has decriminalized the possession of up to 2.5 grams of those substances, but it has not okayed legal sales, and on Thursday Vancouver police arrested Martin. Martin and his supporters have responded to the arrest by starting a Go Fund Me campaign to finance a constitutional challenge to the federal drug laws.

Medical Marijuana Update

Senate Republicans play politics with a veterans' medical marijuana bill, and more.

National

Senate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42.

Oklahoma

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

Luxembourg Unveils Marijuana Legalization Plan, WA Governor Calls Special Session on Drug Charging, More... (5/3/23)

A Maryland bill implementing legal marijuana commerce is signed into law, an Oklahoma bill cracking down on illicit medical marijuana grows is signed into law, and more.

A change in DOT drug testing rules could eliminate marijuana false positives. (Creative Commons)
Marijuana Policy

Maryland Governor Signs into Law Bill Implementing Marijuana Legalization. Gov. Wesley Moore (D) on Wednesday signed into law Senate Bill 516, which implements a voter-approved referendum to legalize marijuana. The bill allows currently operating medical marijuana dispensaries to apply for licenses to sell to the adult market beginning in July and mandates that licenses for up to 300 marijuana retailers by July 2024. The bill also sets a 9 percent sales tax on marijuana products, except for registered medical marijuana patients, who are exempt. The bill also allows patients to grow up to four plants at home and increases the amount of marijuana patients can possess.

Medical Marijuana

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

Drug Policy

Washington Governor Announces Special Session to Take Up Drug Possession Law. Gov. Jay Inslee (D) announced Tuesday that will call a special session to begin May 16. The session will focus on passing a new drug possession law. Inslee set the date after conversations with Democratic and Republican legislative leaders. In 2021, the Washington Supreme Court overturned the state's felony drug possession law in the Blake case. Legislators adopted a temporary misdemeanor policy that expires July 1. The so-called "Blake fix" was the only remaining must-do item legislators did not finish during the regular legislative session that ended April 23. In the absence of a statewide policy, several cities and counties have announced their intent to pass their own ordinances which would create a confusing patchwork of policies, treatment options and penalties.

Drug Testing

Department of Transportation Finalizes New Marijuana Testing Policies to Reduce False Positives. The US Department of Transportation (DOT) on Tuesday finished work on a rule that will allow oral saliva drug testing as an alternative to urine-based tests. Urine tests detect THC metabolites for weeks or months after consumption, leading to positive test results for people who are not actually impaired on the job. Oral testing, on the other hand, usually detects THC in saliva for no more than 24 hours after use.

"Allowing employers to use oral fluid testing may improve the effectiveness of drug testing," DOT said. "Oral fluid testing can detect the recent use of some drugs, including marijuana and cocaine, while urine drug testing has a longer window of detection." This will be good news for the trucking industry, which has suffered from driver shortages, including thousands of drivers who have been dismissed because of positive urine-based tests.

International

Luxembourg Releases Two-Phase Plan for Marijuana Legalization. A group of experts appointed by the government has released a report detailing plans for a legal marijuana regime. The report, "An Experimental System of Legal Access to Marijuana for Non-Medical Purposes," lays out the outlines of a legal marijuana market for those over 18. It would allow for possession of up to three grams, the home cultivation of up to four plants, and the development of a legal framework where adults could buy up to five grams a day, but no more than 30 grams in a month. Legalization will come in two phases, with the first requiring that the country's drug law be amended. Once that happens, home cultivation can commence. The second phase will be the development of a state system for the commercial cultivation and sale of marijuana. That will involve the launching of a pilot program to see how commercialization can work.

CA Natural Psychedelic Bill Heads for Senate Floor Vote, German Legal Weed Plan, More... (5/2/23)

An Ohio signature-gathering campaign to put marijuana legalization on the November ballot is about to get underway, Wisconsin Republicans kill the governor's marijuana legalization proposal and a whole bunch more, and more.

The DEA is rolling back a pandemic-era rule that eased access to buprenorphine, and doctors and advocates are worried.
Marijuana Policy

Ohio Activists Ready for Marijuana Legalization Initiative Campaign. The legislature has until tomorrow to act on a petition to legalize marijuana. It is not expected to do so, clearing the way for the Coalition to Regulate Marijuana Like Alcohol to conduct a signature gathering campaign to put its marijuana legalization initiative on the November ballot. A successful initial round of signature gathering put the issue before the legislature, and the legislature's failure to approve it gives proponents one more chance to take the issue directly to the voters. The campaign will have until July 5 to come up with 124,000 valid voter signatures from at least half of the state's counties to qualify for the November ballot. The initiative would legalize and regulate marijuana commerce, allow for the home cultivation of six plants per adult or 12 per residence, and impose a 10 percent retail sales tax.

Wisconsin Republicans Kill Marijuana Legalization Amid Mass Slaughter of Democratic Governor's Budget Proposals. The legislature's Republican-controlled budget committee on Tuesday killed off more than 500 budget proposals from Gov. Tony Evers (D), including marijuana legalization, with a single vote Tuesday. The state has a $7 billion budget surplus, but the Republicans refused to allow it to be used for renovations to the Milwaukee Brewers' stadium, a paid family leave program, a 10 percent income tax cut targeting middle- and low-income earners, spending $270 million to add more mental health providers in schools, or to freeze enrollment in the state's private school voucher program, let alone marijuana legalization.

"These aren't fringe ideas, controversial concepts, or Republican or Democratic priorities -- they're about doing the right thing," Evers said as he listed more than a dozen items being killed. "With a historic surplus comes historic responsibility, and today, when we can afford to do more, this vote is foolish and a wasted opportunity."

Opiates and Opioids

DEA's Proposed Rollback of Pandemic-Era Loosening of Restrictions on Buprenorphine Has Doctors, Advocates Worried. With the pandemic public health emergency set to end in 10 days, doctors and advocates worry that a DEA proposal to roll back a pandemic policy allowing people taking the opioid substitute medication buprenorphine to get it prescribed remotely will harm people recovering from addiction. More than a million Americans use bupe to stop cravings for opiates and block withdrawal symptoms, and since 2020, the federal government has allowed them to have it prescribed via telehealth. The DEA wants to reimpose a requirement that an in-person visit first take place before allowing re-prescribing via telehealth. DEA has received more than 2,900 public comments on the proposed rule, and says it will consider them before it releases final rules after the public health emergency ends next week.

Psychedelics

California Natural Psychedelic Legalization Bill Heads for Senate Floor Vote. A bill that would legalize the possession of small amounts of natural psychedelics, Senate Bill 58, is now headed for a Senate floor vote after clearing the Senate Appropriations Committee without a hearing. The chairman of the committee invoked a rule allowing him to send it directly to the floor because it would have a negligible fiscal impact. The bill was earlier approved by the Senate Public Safety Committee. The bill would legalize the "possession, preparation, obtaining, transfer as specified, or transportation of" personal use amounts of psilocybin, psilocin, DMT, ibogaine, and mescaline, but not synthetics such as LSD or MDMA. A similar bill passed the Senate last session, only to be pulled by its sponsor, Sen. Scott Weiner (D-San Francisco) after being watered down in the Assembly.

International

German Officials Circulate Draft Bill for First Part of Marijuana Legalization Plan. German Health Minister Karl Lauterbach has distributed a draft bill to legalize marijuana possession, cultivation, and social clubs to cabinet officials. Once the cabinet weight in, the government will finalize the bill and send it to lawmakers. Under the proposal, adults could possess up to 25 grams via the social clubs and adults over 21 could purchase up to 50 grams a month. People 18 to 21 would be limited to 30 grams per month. People would also be allowed to grow up to three plants for personal use. The social clubs would not be allowed to offer on-site consumption but could distribute up to seven seeds or five clones per month to each member for home cultivation. Plans for a national legal commercial market for marijuana have been scaled back in the face of concerns from the European Union, but it is expected that a pilot program to allow marijuana sales in select jurisdictions will be a second phase of legalization.

Biden Commutes 31 Drug Sentences, MN Senate Approves Legal MJ, More... (5/1/23)

Three Colorado Senate Democrats joined with Republicans to kill a safe injection site bill, a Texas bill to impose harsher penalties on fentanyl dealers has passed both chambers, and more.

The president wields his pardon power. (whitehouse.gov)
Marijuana Policy

Minnesota Senate Approves Marijuana Legalization Bill. The Senate last Friday narrowly approved its version of a marijuana legalization bill, Senate File 73. The vote was 34-33, with all Republicans voting against the bill. The House passed a slightly different version of the bill earlier last week. Now, the two chambers will attempt to negotiate their way to a merged bill they can send to DFL Gov. Tim Walz, who has strongly signaled he will sign it.

Harm Reduction

Colorado Safe Injection Site Bill Blocked. A bill that would have allowed municipalities to approve safe injection sites in their communities, House Bill 1202, has failed in the Senate after being approved in the House. The Democrat-sponsored bill easily passed the House 43-21, but was killed in the Senate Health and Human Services Committee last Wednesday on a 6-3 vote. Three of those "no" votes came from Democrats on the committee who raised concerns about "enabling" drug use and the lack of statewide rules and regulations in the bill.

"In spite of today's vote, overdose prevention centers remain the public health gold standard for addressing the crisis of overdose deaths faced by too many Colorado families," said the Colorado Drug Policy Coalition. "We are proud of the leadership from our many members in the House and our sponsors in the Senate who were able to put good policy backed by decades of research ahead of the politics of inaction."

Pardons and Commutations

Biden Commutes Drug Sentences for 31 People. The White House announced last Friday that President Biden has commuted the sentences of 31 people convicted of federal drug offenses. All 31 were serving time in home confinement and would have received shorter sentences if they were charged today with the same offense because the laws have been changed since they were sentenced.

The commutations come as the White House laid out a set of policy actions involving 20 different federal agencies aimed at improving the criminal justice system, which has disproportionate impacts on Blacks and other minority communities. Biden has commuted the sentences of 75 other people so far. He also pardoned thousands who were convicted of simple possession of marijuana under federal law, and others who have long since served out their sentences.

Sentencing Policy

Texas House Approves Bill to Increase Penalties for Dealing Fentanyl. The House last Friday overwhelmingly approved a bill to increase criminal penalties for people who distribute fentanyl, House Bill 6. The bill would do so by classifying fentanyl overdoses as "poisonings," which would trigger murder charges for people accused of providing a fatal dose of fentanyl. The bill also includes mandatory minimum 10- or 15-year sentences for distribution of more than 200 grams or 400 grams, respectively, with a maximum sentence of life in prison.

The House vote came after lawmakers ignored a small group of demonstrators in the gallery chanting "no more drug war." A companion bill has already passed the Senate, so lawmakers will now go to a conference committee to hammer out differences before it goes to the desk of Gov. Greg Abbott (R), who supports it. Meanwhile, a bill to decriminalize fentanyl test strips is stuck in committee in the Senate.

SAFE Banking Act Reintroduced in Both House and Senate [FEATURE]

The SAFE Banking Act is back. Bipartisan legislation to increase public safety through statutorily authorizing state-legal marijuana businesses access to the financial sector was reintroduced in both the House and the Senate on Thursday.

Reps. Earl Blumenauer (D-OR) and Dave Joyce (R-OH) and Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT) are the lead sponsors of the Secure and Fair Enforcement (SAFE) Banking Act of 2023, which also has more than three dozen cosponsors in the Senate.

The bill addresses the inconsistent and costly access that state-legal medical and recreational marijuana businesses contend with as a result of marijuana's continuing illegality under federal law. Because pot is still federally illegal, banks fear they could run afoul of regulators or even prosecutors under the complex anti-money laundering rules in place for controlled substances. SAFE Banking would bar federal banking regulators from:

  • Prohibiting, penalizing or discouraging a bank from providing financial services to a legitimate state-sanctioned and regulated cannabis business, or an associated business (such as a lawyer or landlord providing services to a legal cannabis business);
  • Terminating or limiting a bank's federal deposit insurance primarily because the bank is providing services to a state-sanctioned cannabis business or associated business;
  • Recommending or incentivizing a bank to halt or downgrade providing any kind of banking services to these businesses; or
  • Taking any action on a loan to an owner or operator of a cannabis-related business.

This legislation would also create a safe harbor from criminal prosecution and liability and asset forfeiture for banks and their officers and employees who provide financial services to state-sanctioned cannabis businesses, while maintaining banks' right to choose not to offer those services. The bill also provides protections for hemp and hemp-derived cannabidiol (CBD) related businesses.

For the first time, it explicitly extends the safe harbor to Community Development Financial Institutions (CDFI) and Minority Depository Institutions (MDI). CDFIs and MDIs support underserved communities who face challenges in accessing capital and provide affordable access to financial services.

"This legislation will save lives and livelihoods. It is past time that Congress addresses the irrational, unfair, and unsafe prohibition of basic banking services to state-legal cannabis businesses," said Rep. Blumenauer, founder and co-chair of the Congressional Cannabis Caucus. "The House has passed the SAFE Banking Act on a bipartisan basis seven times. I am delighted that the Senate is joining us in making it a priority."

Last year, much to the ire of the marijuana industry, although the House indeed repeatedly passed the measure, it was stalled in the Senate by Majority Leader Chuck Schumer (D-NY) and Sen. Cory Booker (D-NJ), who were holding out for a full-blown marijuana legalization bill or other broad reform measures. By the time they realized they did not have the votes for legalization and were ready to move the bill in the Senate, Minority Leader Mitch McConnell (R-KY) was in a position to kill it -- and did so.

"Forcing legal businesses to operate in all-cash is dangerous for our communities; it's an open invitation to robbery, money laundering, and organized crime -- and it's way past time to fix it," said Senator Merkley. "For the first time, we have a path for SAFE Banking to move through the Senate Banking Committee and get a vote on the floor of the Senate. Let's make 2023 the year that we get this bill signed into law so we can ensure that all legal cannabis businesses have access to the financial services they need to help keep their employees, their businesses, and their communities safe."

(Regarding the dangerousness of forcing pot businesses to deal in cash, see the report from StoptheDrugWar.org Executive Director David Borden, Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies.)

"As it stands, the federal government has denied state-legal cannabis companies the same access to financial services as every other legal business across the Buckeye State and our country," said Rep. Joyce, co-chair of the Congressional Cannabis Caucus. "Not only does this distort the market in a growing industry, but it also forces businesses to operate in all cash, making them and their employees sitting ducks for violent robberies. The bipartisan SAFE Banking Act will allow cannabis businesses to operate legally without fear of punishment by federal regulators, making our communities safer."

Splits in the drug reform community last year over whether to support the SAFE Banking Act or hold out for a "SAFE Plus" or legalization bill with social equity components appear to have abated somewhat. The Drug Policy Alliance (DPA), which had been in the latter camp previously, is not endorsing the bill, but is not opposing it either, citing strengthened data collection among other provisions in the new version.

"The improvements to the study and data collection provisions in the SAFE Banking Act are a welcome addition to the bill," said Maria Perez Medina, DPA Director of the Office of Federal Affairs. "These minor modifications to the bill will ensure that timely and more comprehensive data collection takes place to measure whether banking services are being provided in a fair way. While there remains much more work to be done and we remain neutral on the legislation, the changes are an encouraging sign that the bill is headed in the right direction," she added.

"As this legislation moves forward, more should be done to lessen the barriers to entry small marijuana businesses face in obtaining commercial lending. Without this, it remains impossible for them to compete with large, multi-state operators," Perez Medina continued. "As such, we look forward to continuing working with stakeholders to improve this bill in a way that most benefits the communities that have been disproportionately impacted by prohibition."

And while the National Organization for the Reform of Marijuana Laws (NORML) naturally wants legalization, it has consistently supported SAFE as well, and continues to.

"If cannabis businesses are to have any hope of operating safely, transparently, and in a manner that is competitive with the existing underground market, Congress must pass SAFE Banking now," said NORML Political Director Morgan Fox. "It is irresponsible to shut this heavily regulated industry out of the US financial system. Every day that Congress fails to act further endangers small businesses and consumers, puts regulators and law enforcement at a disadvantage, and facilitates the activities of unlicensed operators and criminal organizations."

Now, let's see if this thing can pass Congress this year.

This Week's Corrupt Cops Stories

An Oklahoma cop ripped off both the department and his fellow officers, an Arizona prison guard takes the whole family along for a smuggling trip, and more.

In Warner Robbins, Georgia, the entire drug unit of the Warner Robins Police Department was put on leave Monday as an investigation into allegations of misconduct unwinds. Houston County officials said they were notified of the allegations involving members of the Narcotics Investigation Unit, prompting the DA's office to begin the investigation. No details of the investigation have been released so far "due to this being a pending investigation," but any evidence of criminal misconduct will be referred to a county grand jury. The Georgia Bureau of Investigation is assisting with the investigation.

In Irvine, California, an Arizona prison guard was arrested last Friday after he got caught smuggling drugs with his wife and kids along for the ride. Fernando Urratiaguillen, 34, was arrested in Irvine after officers found 23 kilograms of methamphetamine and one kilogram of heroin inside the vehicle's gas tank on Tuesday. He also served as an Army National Guardsman. He is charged with with two felony counts of possession of a controlled substance with intent to sell, two counts of sale or transport of a controlled substance, two felony enhancements of a controlled substance in excess of 20 kilograms and two enhancements of possession of a substance exceeding one kilogram. At last report, he was still in jail with bail set at $3 million.

In Omaha, Nebraska, a former Omaha police officer was arrested Monday for allegedly helping two gangs move drugs, trading drugs for sex, and tipping off drug dealers to investigations. Johnny Palermo was arrested along with another Omaha police officer and a city council member. He is being held without bond because the federal judge said he cannot be trusted and is facing 15 felony counts, including multiple counts of wire fraud, conspiracy and abusing the public trust.

In Durant, Oklahoma, a former Durant police lieutenant was arrested Monday on charges he stole tens of thousands of dollars in seized drug money and in funds belonging to the Fraternal Order of Police (FOP). Billie Joe Jones, 47, allegedly made off with $67,000 in his role as a narcotics officer and pocketed another $37,000 in FOP funds over the four years he was at the department. He was the financial officer for the FOP. He went down, when, upon his retirement, the FOP became aware of "financial discrepancies" and alerted the police department, which then found seized drug money missing. He faces two counts of felony embezzlement. If convicted, he faces up to eight years in prison and a $10,000 fine on each count.

In Brooklyn, New York, a former New York City prison guard was sentenced Tuesday to a year and a day in federal prison for taking more than $34,000 in bribes in exchange for smuggling contraband including drugs and cell phones into the Rikers Island prison where she worked. Katrina Patterson went down after the Department of Corrections found cell phones and drugs in a prisoner's cell and recovered text messages incriminating her. She had earlier pleaded guilty to bribery.

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