A Senate committee advances a spending bill with medical marijuana protections included, New Zealand's new conservative government files a roadside drug testing bill, and more.

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Marijuana Policy

Key Republican Lawmakers Question DEA Marijuana Rescheduling Process. A pair of GOP congressional leaders have sent a letter to Attorney General Merrick Garland and Health and Human Services Secretary Xavier Becerra questioning the Biden administration's proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act.

In the letter, House Energy & Commerce Committee Chair Cathy McMorris Rodgers and Subcommittee on Health Chair Brett Guthrie claim that the review process leading to the rescheduling recommendation differed from previous reviews and that it lacked transparency. They suggested the review was politically motivated instead of inspired by science.

They also pointed to the Drug Enforcement Administration (DEA) saying more information was needed before making a rescheduling decision and noted that former DEA administrators and federal prosecutors opposed rescheduling. (Editor's Note: What a shock.)

The DEA is now considering the recommendation from the Food & Drug Administration (FDA) that marijuana be moved to Schedule III after the closing of the public comment period. During that period, the agency received more than 40,000 comments, 90 percent of which supported either rescheduling or complete descheduling.

Florida Marijuana Legalization Initiative Should Win in November, Latest Poll Says. A new poll from the University of North Florida is the latest to find the Amendment 3 marijuana legalization initiative from Smart & Safe Florida winning at the ballot box in November. The poll had 64 percent of likely voters supporting the measure.

Because the initiative takes the form of a constitutional amendment, it will require 60 percent of the vote to pass, so this is not an especially comfortable lead for the initiative sponsors. Operatives typically like to see a 10-point lead in polling so there is room for some defections as opposition campaigns gear up.

But this year in Florida, the organized opposition led by Gov. Ron De Santis (R) is being financially overwhelmed by the corporate backers of the initiative, which has been funded to a huge degree by one company, Trulieve, a multi-state operator that is well-positioned to benefit financially from legalization. Trulieve, which had already poured more than $40 million into the campaign, added another $5 million recently.

The University of North Florida poll found majority support across all demographics, with nearly eight out of 10 Democrats (79 percent) and half of Republicans (50 percent) saying they would vote yes. All age and race groups favored the measure.

Polling has consistently found majority support for marijuana legalization in the state, although not all polls have shown it hitting that 60 percent threshold.

Medical Marijuana

Senate Committee Advances Spending Bill with Protections for State Medical Marijuana Programs. Last Thursday, the Senate Appropriations Committee approved the annual appropriations bill for Commerce, Justice, Science, and Related Agencies (CJS), which includes the long-lived rider blocking the Justice Department from spending funds to interfere in state-legal medical marijuana programs.

The House version of the bill, which was passed by the House Appropriations Committee earlier this month, contains the same language blocking Justice from going after medical marijuana, but it adds a new section that allows for enhanced penalties for sales near schools and parks. The Senate will either need to add such language before a floor vote or hash out the differences with the House bill in conference committee.

The committee also approved a report calling on the Biden administration to say why it has not expanded more diplomatic efforts to win the freedom of Pennsylvania resident Marc Fogel, who is serving a 14-year sentence in Russia for possession of medical marijuana. He was convicted of "large-scale drug smuggling" after being found with a half-ounce of marijuana. The report comes a month after the Senate approved a resolution calling for his release.

International

New Zealand Government Files Roadside Drug Testing Bill. The new conservative government says it has filed a bill to allow roadside saliva testing of drivers for drugs.

"Alcohol and drugs are the number one contributing factor in fatal road crashes in New Zealand. In 2022, alcohol and drugs were contributors to 200 fatal crashes on our roads. Despite this, Police currently have no way to undertake saliva testing for drugs at the roadside, and only 26 percent of drivers think they are likely to be caught while driving under the influence of drugs," said Transportation Minister Simeon Brown.

"Although the previous government passed legislation to roll out roadside drug testing two years ago, progress stalled. Their legislation was flawed and unworkable and would have required oral fluid tests to meet evidentiary standards instead of simply being used as screening devices. Our government is delivering where the previous government failed. We are enabling oral fluid testing at the roadside for screening purposes so that Police can procure the drug testing devices needed to crack down on drug driving."

"Oral fluid testing is common overseas and is an easy way to screen for drugs at the roadside. Our approach will bring New Zealand in line with Australian legislation and will remove unnecessary barriers that have prevented Police from taking action to remove drugged drivers from our roads. Our legislation will empower Police to randomly screen drivers for drugs, similar to how drink-driving is enforced. "

"Drivers who refuse to undergo oral fluid testing will be issued with an immediate infringement notice and be prohibited from driving for 12 hours to reduce the risk of tragic drugged driving outcomes. Finding more effective ways to target drugged drivers underlines this Government's commitment to road safety. Our Government Policy Statement on Land Transport 2024 outlines our expectation that Police undertake 50,000 oral fluid tests per year once the roadside drug testing regime is rolled out.

"Our approach takes a much harder line on the causes of death and serious injury on our roads. We will do this by ensuring that motorists are safer and that people impaired by drugs think twice before getting behind the wheel," Brown concluded.

The bill is the Land Transport (Drug Driving) Amendment Bill. It gets a first reading this week and then will be sent to the Transport and Infrastructure Select Committee.