A GOP-led House committee has killed marijuana and psychedelic reform amendments to the defense spending bill, a Mexican drug cartel uses roadside bombs against the police, and more.

Marijuana Policy

House Committee Kills Every Marijuana and Psychedelic Amendment to Must-Pass Defense Spending Bill. The GOP-led House Rules Committee has killed more than a dozen bipartisan marijuana and psychedelic policy amendments to the National Defense Authorization Act. The Republican leadership of the committee declined to accept any of them for floor votes. Among the proposed amendments killed was one to end marijuana testing for people trying to join the armed forces, one protecting federal workers from losing security clearances because of marijuana, one allowing servicemembers to use CBD and other hemp-derived products, and one investigating the therapeutic potential of certain psychedelics.

Michigan Ends Pre-Employment Marijuana Screening for Most State Jobs. Following months of public comment, the Michigan Civil Service Commission has voted unanimously to adopt new rules ending the practice of pre-employment marijuana screening for most state workers. Under the new policy, most public employees will no longer be required to undergo pre-employment marijuana testing. (Exceptions to the new rules will remain for those in certain safety sensitive positions, like law enforcement personnel.) Those previously denied positions because of a failed marijuana test are also now eligible to immediately reapply for employment.

Psychedelics

California Psychedelic Legalization Bill Wins Another Committee Vote. A bill that would legalize the possession and use of certain psychedelics, Senate Bill 58, which has already been approved by the Senate, has now won a second committee vote in the Assembly. The measure passed the Assembly Health Committee on a 9-2 vote Tuesday. It must now pass only one more committee, the Assembly Appropriations Committee, before heading for an Assembly floor vote. The bill would legalize the "possession, preparation, obtaining, transfer, as specified, or transportation of" specific amounts of psilocybin, psilocyn, DMT, ibogaine and mescaline for personal or facilitated use. Notably, "synthetic" psychedelics like LSD and MDMA would not be legalized, unlike the provisions of the previous version of legislation from Sen. Scott Wiener (D-San Francisco).

Berkeley City Council Effectively Legalizes Some Psychedelics. The city council of the East Bay city voted Tuesday to effectively legalize a range of psychedelics by voting unanimously to make the enforcement of state and federal laws against psychedelic plants and fungi the lowest law enforcement priority. The resolution passed, however, bars the "giving away, sharing, distributing, transferring, dispensing, or administering" of psychedelics.

Sentencing

Nearly a Quarter Fewer Persons Were in Federal Prison for Drug Offenses in 2018 Than in 2013. The number of people held in Federal Bureau of Prisons' facilities on a drug offense fell 24% from fiscal yearend 2013 (94,613) to fiscal yearend 2018 (71,555), according to Sentencing Decisions for Persons in Federal Prison for Drug Offenses, 2013-2018, a new report from the Bureau of Justice Statistics. These persons accounted for 51% of the federal prison population in 2013 and 47% in 2018.

Between 2013 and 2018, there were large decreases in persons serving time in federal prison for marijuana (down 61%), crack cocaine (down 45%) and powder cocaine (down 35%), with a smaller (4%) decline in persons imprisoned for opioids. These reductions were partly offset by growth in the number of persons serving time for heroin (up 13%) and methamphetamine (up 12%).

During the 5-year period, there was also a 33% decrease in the number of people in federal prison who, because of the type and amount of drugs involved in their offense, faced the possibility of mandatory minimum penalties at sentencing. A similar decline trend was observed in the number who ultimately received penalties (down 26%) and received relief from penalties (down 52%).

About 60% of all people in BOP custody for drug offenses at fiscal yearend 2018 had received mandatory minimum penalties: 22% for methamphetamine, 15% for powder cocaine, 14% for crack cocaine, 5% for heroin, 4% for marijuana and less than 1% for opioids. When the federal prison population was analyzed by persons who could have received penalties for their drug offense, those serving time for crack cocaine were more likely to receive penalties (94%) than those held for marijuana (82%), powder cocaine (81%), heroin (80%), methamphetamine (79%) or opioids (70%).

International

Montreal Police Raid Illegal Magic Mushroom Shop on Opening Day. FunGuyz, a chain of shops selling illegal magic mushrooms, has already had several of its stores raided in Ontario, and on Tuesday, it could add one in Montreal to the list. Montreal police raided the shop hours after it opened offering a menu of pills, dried mushrooms, and chocolate bars laced with psilocybin.

A FunGuyz spokesman called the raid a "simple" product seizure and a "waste of taxpayers' money." He said opening FunGuyz was a form of protest to challenge the illegality of psychedelic drugs. "We do expect the police to come in and raid us because obviously what we're doing, it's illegal," he said on Tuesday. "The idea behind everything is, are the police willing to… use the taxpayers' money for mushroom stuff?"

Mexican Drug Cartel Use Roadside Bomb to Kill Cops. Four police officers and two civilians were killed by a series of roadside bombs in the western state of Jalisco on Tuesday. Authorities said an anonymous caller reported a tip about a supposed clandestine burial site, and when police went to investigate, seven roadside bombs went off simultaneously. The blasts were so powerful they left craters in the road, destroyed at least four vehicles, and wounded 14 more people. The state prosecutor blamed an unnamed drug cartel. The Jalisco New Generation Cartel has significant experience with improvised explosive devices, as well as bomb-dropping drones.

Ukraine Parliament Gives Initial Approval to Medical Marijuana Bill. The parliament has given initial approval to a bill to legalize medical marijuana in the country. It must still be approved in a second reading and then sent to President Volodymyr Zelensky for his signature. Zelensky has already said he supports the bill.

A bill in play in Guam would end the ban on SNAP benefits for drug felons, Ukraine's president calls for the legalization of medical marijuana, and more.

Marijuana Policy

Legalize America Becomes First Federal Marijuana Super PAC. Legalize America became the nation's first Super PAC devoted to reforming cannabis laws across the United States with its June 28 launch. The independent expenditure organization, created with support from leading US regulated cannabis companies, will work to raise the profile of cannabis as a national issue in the 2024 election and beyond.

"Legalize America is committed to ending cannabis prohibition and advancing expungement efforts and responsible use" said Legalize America Chair Matt Harrell of Curaleaf. "We will use all available tools -- including scorecards, endorsements and targeted independent expenditure campaigns -- to advance cannabis reform, with the goal of creating a prosperous and equitable cannabis industry."

Legalize America will partner with high-profile public figures and brands to raise funds to advance its reform agenda. The group will also explore working with industry partners to enable customers at regulated cannabis dispensaries to directly support the campaign through "round up" donations.

Drug Policy

Guam Bill Would End Ban on SNAP Benefits for Drug Offenders. Every state and national territory except for Guam and South Carolina have opted out of a punitive 1990s drug law that banned drug felons from food assistance programs such as the Supplemental Nutritional Assistance Program (SNAP), and now, Guam could be the next to opt-out. Sen. Will Parkinson has filed a bill to do just that.

"More often than not, people coming out of our prison system need some form of assistance to adjust back into society. SNAP and TAMP provide basic food assistance to those who could not otherwise afford it," the first-time policymaker said. "We have also seen how natural disasters like Typhoon Mawar have made it increasingly difficult for our people to buy necessities like food with the Disaster SNAP program currently ongoing. Thousands of people every day are lining up for assistance and those with former drug felonies should be allowed to line up with them."

The bill was approved Tuesday for a third and final reading -- yet to be scheduled -- but only after it was amended to require that drug felons receiving the benefits be subject to regular drug testing.

Portland, Oregon, Mayor Backtracks on Plan to Criminalize Public Drug use. Mayor Ted Wheeler (D) has reversed course on his plan to criminalize public drug use, acknowledging that it would have run afoul of a state law that says "a political subdivision in this state shall not adopt or enforce any local law or regulation" that makes "using cannabis or controlled substances in public" a crime.

Wheeler's plan to criminalize public drug use also contradicted the voter-approved Measure 110 drug decriminalization law, which treats possession of small amounts of drugs as a civil violation -- not a criminal offense. He said he had hoped he had found "a loophole" in Measure 110 by going after drug use instead of possession.

"Use of illicit drugs in public spaces -- especially dangerous and highly deadly substances like fentanyl -- create significant public safety and public health issues in Portland," Wheeler said Tuesday. "While Measure 110 has challenged the way cities across the state address drug use, I believe the City of Portland has an obligation to do what we can to protect our community now."

Now, Wheeler is counting on Gov. Tina Kotek (D) to sign into law a bill that would make possession of more than a gram or more than five pills of any substance containing fentanyl a Class A misdemeanor. That legislation, House Bill 2645, has already passed the legislature.

Psychedelics

California Psychedelic Legalization Bill Advances in Assembly. A bill to legalize the use and possession of small amounts of certain psychedelics, Senate Bill 58, has already passed the Senate and on Tuesday, it was approved by the Assembly Public Safety Committee on a 5-2 vote. It now goes to the Assembly Health Committee before heading for an Assembly floor vote.

The bill was amended by the committee to delay implementation of the legalization of facilitated use of psychedelics until a regulated framework for that activity is developed, and Wiener said he will work with the Health Committee to "flesh out requirements" in that regard.

The bill would legalize the "possession, preparation, obtaining, transfer, as specified, or transportation of" specific amounts of psilocybin, psilocyn, DMT, ibogaine and mescaline for personal or facilitated use. Non-plant-based psychedelics, such as LSD and MDMA, are not covered by the bill.

International

President Volodymyr Zelenskyy has called for medical marijuana to be legalized. "In particular, we must finally fairly legalize cannabis-based medicine for everyone who needs it. Relevant scientific research and controlled Ukrainian production," he said.

The Ministry of Health reported last summer that the Cabinet of Ministers supported a draft medical marijuana law. With the president and the cabinet behind it, the legislature should act on it relatively quickly.

Oklahoma's governor vetoes a medical marijuana regulation bill, Texas's governor signs into law a bill allowing murder prosecutions for fentanyl overdose deaths, and more.

Medical Marijuana

Oklahoma Governor Vetoes Medical Marijuana Regulation Bill. Gov. Kevin Stitt (R) has vetoed a bill that would have imposed more regulations on the state's medical marijuana industry, Senate Bill 437. Among other provisions, the bill would have required the Oklahoma Medical Marijuana Authority to maintain a registry of physicians recommending medical marijuana and would have required dispensary workers to comply with continuing education requirements. Stitt did not issue a veto message or give any other indication of why he vetoed the bill.

Opiates and Opioids

Texas Governor Signs into Law Bill Allowing Murder Charges for Fentanyl-Related Overdose Deaths. Gov. Greg Abbott (R) on Wednesday signed into law House Bill 6, which increases penalties for selling and distributing fentanyl and allows prosecutors to seek murder charges for fentanyl makers or sellers if someone dies as a result of a fentanyl overdose.

"Fentanyl is an epidemic that very simply, is taking too many lives," Abbott said during the bill signing ceremony. "Because of the courageous partnership of grieving family members Texas legislators and our office, we are enshrining into law today new protections that will save lives in Texas."

The legislature's commitment to saving lives of fentanyl users only goes so far, though. A bill that would have legalized fentanyl test strips died in the Senate after passing the House.

Psychedelics

Rhode Island House Approves Psilocybin Decriminalization Bill. The House on Monday approved House Bill 5923, which would decriminalize the possession of personal use amounts of psilocybin, the psychedelic compound in magic mushrooms. The bill would also allow for the therapeutic use of psilocybin to treat chronic mental disorders if the Food & Drug Administration approves it.

"This is a step toward addressing mental health treatment in a modern way based on evidence and research," said bill sponsor Rep. Brandon Potter (D). "Psilocybin can be used safely, both recreationally and therapeutically, and for our veterans and neighbors who are struggling with chronic PTSD, depression and addiction, it can be a valuable treatment tool. Adults in our state deserve the freedom to decide for themselves and have access to every treatment possible, rather than have our state criminalize a natural, non-addictive, effective remedy."

The bill would allow people to possess up to one ounce of psychedelic mushrooms or grow mushrooms containing psilocybin at home for personal use. It would also require the Rhode Island Department of Health to create rules for the use of psychedelic mushrooms.

Companion legislation, Senate Bill 0806, awaits action in the Senate.

Asset Forfeiture

House Judiciary Committee Approves Civil Asset Forfeiture Reform Bill. The House Judiciary Committee on Wednesday unanimously approved HR 1525, the Fifth Amendment Integrity Restoration (FAIR) Act, clearing the way for a House floor vote on the measure.

Sponsored by Reps. Jamie Raskin (D-MD) and Tim Walberg (R-MI), the act would increase the burden of proof on law enforcement and prosecutors to show that the seized property is related to criminal activity. It would also shorten the time authorities have to return seized goods. And it eliminates administrative forfeiture, forcing law enforcement to seek a court order before seizing property.

"This can create a perverse incentive to seize and sell the private property of potentially innocent citizens to increase agency revenues, despite some states' efforts to protect property rights," Judiciary Committee Chair Rep. Jim Jordan (R-OH) said. "The result is a system that unjustly infringes on the liberties of innocent American citizens."

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

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

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

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

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

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

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

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

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

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

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

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