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DE House Passes Legal Pot Bill, US Reps Press DOJ on Civil Asset Forfeiture Abuses, More... (5/6/22)

A South Carolina medical marijuana falls to opponents' House maneuvers, Venezuela is joining the ranks of coca and cocaine producers, and more.

Rep. Jamie Raskin (D-MD) is calling on the Justice Department to explain civil asset forfeiture abuses. (house.gov)
Marijuana Policy

Delaware House Approves Marijuana Legalization Bill. The House on Thursday voted to approve a measure that would legalize the possession of up to an ounce of marijuana for adults, House Bill 371. The bill would not set up a system of taxed and regulated sales but does allow for the unremunerated transfer of up to an ounce from one adult to another. The bill now heads to the Senate, which, like the House, is controlled by Democrats. But it faces a potential veto by Gov. John Carney (D), who has expressed doubts about marijuana legalization.

Medical Marijuana

South Carolina Medical Marijuana Bill Killed in House. A measure to legalize medical marijuana in the state, the Compassionate Use Act (Senate Bill 150) was killed on the House floor Wednesday after a debate over legislative process but without any discussion of the merits of the bill. The bill had already passed the Senate but faced long odds in the House, where opponents of reform filed more than a thousand amendments. One opponent, Rep. John McCravy (R), then created a constitutional challenge for the bill, claiming that it should have originated in the House because it involves a tax on medical marijuana. Under the state constitution, bills involving taxation must originate in the House. House Speaker Pro Tem Thomas Pope (R) then ruled to sustain McCravy's point of order and against an appeal from Rep. Todd Rutherford (D), who said he planned to later scrap the tax language via an amendment, effectively killing the bill. Sponsors said they would keep trying, though.

Asset Forfeiture

House Members Request Justice Department Briefing on Abuses of Federal Civil Asset Forfeiture Program. Rep. Jamie Raskin and Rep. Nancy Mace, Chairman and Ranking Member of the Subcommittee on Civil Rights and Civil Liberties, sent a letter to Attorney General Merrick Garland requesting information about the Department of Justice's (DOJ) efforts to address longstanding abuses of its Equitable Sharing Program, which allows state and local governments to partner with DOJ by transferring property, money, or assets that have been seized by law enforcement to the federal government for forfeiture which then shares up to 80% of the proceeds with local and state law enforcement agencies, regardless of state law.

The letter came after a December hearing that examined the need to reform federal civil asset forfeiture programs, including equitable sharing, to prevent state, local, and federal law enforcement from abusing the civil rights and civil liberties of Americans. Expert witnesses testified that state and local law enforcement agencies use DOJ's Equitable Sharing Program to circumvent state laws aimed at curtailing civil asset forfeiture abuse. Between 2000 and 2019, DOJ paid at least $8.8 billion from its Asset Forfeiture Fund (AFF) to state and local agencies.

"We are concerned that the Equitable Sharing Program creates a loophole allowing state and local law enforcement to seize assets from individuals without bringing criminal charges or a conviction, even in states that prohibit civil asset forfeiture," the Members wrote. "In addition, we are concerned that DOJ does not conduct adequate oversight of law enforcement agencies participating in the Equitable Sharing Program."

International

Venezuela Becoming a Coca, Cocaine Producer. InsightCrime, a website that covers Latin American drug trafficking, is reporting that Venezuela is becoming a coca producing and cocaine manufacturing country. Previously, it had served only as a transshipment point for cocaine produced in the big three coca-growing countries: Bolivia, Colombia, and Peru. But now, "InsightCrime has uncovered evidence of the presence of significant quantities of coca in at least three municipalities in Zulia, and two more to the south in the state of Apure, each time verified and corroborated by multiple reliable sources," the web site reported. "In addition, sources in the field, international agencies, and the Venezuelan government's own reports show that the crystalizing laboratories used to process coca paste into cocaine hydrochloride have been proliferating in the same areas."

All of this activity is taking place in western part of the country, where Colombian guerilla groups and drug traffickers dominate and appear to be operating openly. "So far, cocaine production in Venezuela is nascent, representing just a drop in an ocean of coca compared to the historic levels seen in Colombia in recent years," InsightCrime noted. "But the country's border region, poor, isolated, abandoned by the state and dominated by armed groups, represents a perfect petri dish for it to spread. And in a country trapped in an economic crisis, ruled by a corrupt regime, and ravaged by criminality, that is a dangerous proposition."

Pell Grants for Prisoners Are Coming Back Next Year, OK Legal Pot Initiative Signature-Gathering Begins, More... (5/3/22)

Signature-gathering for a marijuana legalization inititiave is underway in Oklahoma, the courts block a San Francisco effort to enact broad bans on alleged drug dealers in the Tenderloin, and more.

San Francisco. The courts are blocking the city's effort to ban alleged drug dealers from the Tenderloin. (Creative Commons)
Marijuana Policy

Ohio Marijuana Legalization Initiative Campaign Files Preemptive Lawsuit Over Whether It Will Appear on November Ballot. Anticipating an effort by Republican lawmakers to keep their marijuana legalization initiative off the November ballot, the Coalition to Regulate Marijuana Like Alcohol filed a lawsuit last Friday to block the expected move. Secretary of State Frank LaRose (R) submitted petitions to the legislature on January 28, giving it until May 28 to approve the petitions calling for legalization, after which, the coalition could then do another round of signature-gathering to put the question directly before voters in November. But Republican legislative staffers have argued that because the petitions were not submitted to the legislature 10 days before the start of the session, as required by the state constitution. But the preemptive lawsuit argues there is state Supreme Court precedent for allowing a November vote.

Oklahoma Marijuana Legalization Initiative Campaign Begins Signature-Gathering. Marijuana legalization advocates have begun signature gathering for State Question 820, which would legalize adult use marijuana and levy a 15 percent excise tax on retail purchases to fund the Oklahoma Medical Marijuana Authority. Campaigners will need 95,911 valid voter signatures to qualify for the November ballot and have until August 1 to do so. Another pair of initiatives could also appear on the ballot. State Question 818 would create a State Cannabis Commission that would replace the OMMA and guarantee patients' medical cannabis access in the Oklahoma Constitution, while State Question 819 would legalize adult-use marijuana and guarantee medical and adult-use marijuana access in the Constitution. Because these two questions would change the state constitution, they face a higher signature-gathering threshold than State Question 820, which would only make statutory changes. The threshold for constitutional questions is 177,958 valid voter signatures.

Drug Policy

California Appeals Court Blocks San Francisco Bid to Ban Drug Dealers from Tenderloin, SOMA. In a case that began when the city sued 28 alleged drug dealers in the Tenderloin and South of Market (SOMA) neighborhoods and banned them from a 50-square-block area in those neighborhoods, which are rife with open drug dealing and drug use, a state appeals court has upheld a lower court decision last year blocking the bans from taking effect. In its ruling last Friday, the 1st District Court of Appeals held that while local governments may be entitled to narrowly target ban orders in some limited circumstances, but not such a broad one. The lower court decision held that the ban was so broad it would violate the constitutional right to travel, and that state law did not appear to authorize it.

The appeals court largely agreed: "We are mindful of, and sympathetic to, the challenges faced by the city in addressing the issues of illegal drug sales, drug use, and the drug-related health crisis and its effects on the people who live and work in the neighborhood," Justice Marla Miller wrote in Friday's 3-0 ruling. But, she continued, "although the city contends these defendants have no reason to ever even be in the 50-square-block Tenderloin neighborhood except to sell drugs there was evidence that many community resources and government agencies are located in the Tenderloin." The lower court judge was entitled to believe statements from the four people "that they were interested in taking advantage of the employment, treatment, housing, and health services available in the 50-square-block neighborhood," the appeals court added. The city said it was "disappointed" with the ruling, but had yet to decide whether to appeal.

Education

Pell Grants Will Be Available for Prisoners Again Beginning Next Year. Once upon a time, incarcerated Americans were able to try to advance themselves by using Pell Grants to pay for college tuition and textbook costs -- just like other students -- but when Congress passed the Violent Crime Control and Law Enforcement Act of 1994, it barred prisoners from accessing that financial aid. In 2020, though, Congress restored the eligibility for both state and federal prisoners. In the fall of 2021, the Department of Education begin developing rules for the expansion of Pell Grants to prisoners and has now announced that application forms for imprisoned students will be available on October 1 for the 2023 academic year.

International

British Virgin Islands Premier Asserts Immunity in Cocaine Case, Demands Immediate Release. British Virgin Islands (BVI) Premier Andrew Fahie, who was arrested last week in a US government sting in Miami, argued in court Monday that as the elected head of government, he is immune from prosecution and should be released immediately. No word yet on when a federal judge will decide that question, and in the meantime, Fahie remains in custody. Fahie and his ports director, Oleanvine Maynard, were busted at the Miami airport where they met what they thought were Mexican drug traffickers but were actually DEA agents seducing them into a scheme to import cocaine from South America through the BVI. Back home, Fahie already faced allegations of deep corruption, and his arrest may help propel a push to temporarily suspend the constitution and return to rule from London in an effort to clean up the government. Busting a head of state is a big deal and would have required approval at the highest levels of the Justice and State departments.

Peru Announces Plan to Buy Up Entire Illegal Coca Crop, NH Senate Kills Legal Pot Bills Again, More... (4/29/22)

The White House announces more money for drug law enforcement, GOP senators file a bill to reduce but not eliminate the crack-powder cocaine sentencing disparity, and more.

British Virgin Islands Premier Andrew Fahie -- busted on drug charges in Florida (bvi.gov.vg)
Marijuana Policy

New Hampshire Senate Again Rejects Marijuana Legalization Bills. The Senate on Thursday rejected two different marijuana legalization bills. House Bill 1598 would have created a state-run monopoly for retail marijuana sales, while House Bill 629 would have legalized personal possession and home cultivation of the plant. In recent years, the House has repeatedly passed marijuana legalization bills, only to see them die in the Senate. On reason is paternalistic politicians like Sen. Bob Guida (R-Warren), who said he was "proud" of defeating legalization. "It may be what people want, but it's not what we as a Senate should enable them to do because it will cause harm," he said.

Law Enforcement

White House Announces $275 Million for Law Enforcement in HIDTAs. The White House's Office of National Drug Control Policy (ONDCP -- the drug czar's office) announced Thursday that it has allocated $275 million for law enforcement in designate High Intensity Drug Trafficking Areas (HIDTAs) to tackle black market opioid trafficking. ONDCP said the funds would go to 33 regional HIDTAs to "reduce violence associated with drug trafficking, improve interdiction efforts through enhanced data sharing and targeting, and dismantle illicit finance operations." Some of the money will also support public health and safety partnerships, like the Overdose Response Strategy, which works with the Centers for Disease Control and Prevention (CDC) to reduce overdose. But the bulks of the money is going to prohibitionist law enforcement.

Sentencing

GOP Senators File Bill to Reduce but Not Eliminate Crack/Powder Cocaine Sentencing Disparity, Stiffen Some Penalties. US Sens. Chuck Grassley (R-IA), Mike Lee (R-UT), Lindsey Graham (R-SC), and Roger Wicker (R-MS) to introduce the SMART Cocaine Sentencing Act, which would reduce the sentencing disparity between crack and powder cocaine offenders tried in federal courts. The bill would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. It would reduce the volume required to trigger five-year mandatory minimum sentences for powder cocaine from 500 grams to 400 grams, and from 5 kilograms to 4 kilograms for 10-year mandatory minimum sentences. For crack cocaine, the volume triggering a five-year mandatory sentence would be increased from 28 grams to 160 grams; the volume for the 10-year mandatory sentence would be lifted from 280 grams to 1,600 grams.

International

British Virgin Islands Leader Busted in Florida Drug Sting Operation. The elected head of government of the British Virgin Island, Premier Andrew Fahie, was arrested in a drug sting operation in Florida Thursday. Fahie went down after an undercover informant posing as a member of the Sinaloa Cartel sought his help in moving cocaine through the territory and on to the United States and Fahie agreed to help in return for $500,000 paid up front and accepted $20,000 in cash as good faith money. The Caribbean island nation's port director and her son were also charged. Fahie and the other two all face charges of conspiracy to import at least five kilograms of a cocaine mixture and conspiracy to launder money.

Mexico Sends 200 More Soldiers to Tijuana to Fight Cartel Violence. Mexico has deployed an additional 200 National Guard troops to join the 3,500 already deployed in the border city of Tijuana, which has been ravaged by prohibition-related violence in recent weeks. "The conflict over control of production, distribution and sales of drugs led by organized delinquents within the state of Baja California has generated a large number of homicides as a result of these activities,"said General Francisco Javier Hernández Almanza, the head of the Mexico's National Guard in Baja California. The soldiers will man vehicle checkpoints across the city. But the entry of Mexican soldiers into areas of cartel violence has often led to more -- not less -- violence.

Peru Announces Plans to Buy Up Entire Illicit Coca Crop. The government has announced a plan to buy up the nation's entire supply of illegal coca leaf as part of its battle against drug trafficking. The Andean nation is one of the world's three major cocaine producers, along with Bolivia and Colombia. The country has a legal coca market and produced an estimated 160,000 tons of coca leaf last year, but 95 percent of that was grown illegally and was destined for illegal markets, where it was converted into about 400 tons of cocaine. The country's coca monopoly, ENACO, has 95,000 registered licit coca growers, but there are an estimated 400,000 illicit coca growers that the government wants to bring into the fold. "It is imperative, for at least a year, to buy coca leaf from existing registered producers and from those that will make up the newly created register," Cabinet Chief Anibal Torres said on Wednesday when presenting the initiative. The plan would also end the military occupation of the VRAEM (Valleys of the Apurimac, Ene, and Mantaro Rivers), the country's main coca production area, which has had a military presence since 2006.

White House Drug Strategy Embraces Harm Reduction, But Prohibitionist Impulse Remains Strong [FEATURE]

The Biden White House sent its first National Drug Control Strategy to Congress on April 21. It breaks positive new ground by explicitly acknowledging harm reduction measures to prevent overdose and blood-borne diseases among drug users. At at the same time, though, it also relies heavily on the destructive and counterproductive pursuit of failed prohibitionist drug policies -- and funds more law enforcement much more heavily than harm reduction.

The strategy comes out just weeks after the Centers for Disease Control and Prevention (CDC) reported that drug overdose deaths hit an all-time high of 106,000 in the year ending last November. The administration is responding with what it calls a "whole of government" approach to the crisis.

"The strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking," the White House said. "It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers' profits, and make better use of data to guide all these efforts. Saving lives is our North Star, and the 2022 National Drug Control Strategy calls for immediate actions that will save lives in the short term and outlines long-term solutions to reduce drug use and its associated harms, including overdose."

While the strategy includes long-familiar categories such as drug treatment, prevention, supply reduction, and criminal justice and public safety, it also emphasizes an evidence-based approach, "building a recovery-ready nation," and for the first time, harm reduction.

"The Biden-Harris Administration's efforts focus on meeting people where they are and building trust and engagement with them to provide care and services," the White House said. "Specifically, the strategy calls for greater access to harm reduction interventions including naloxone, drug test strips, and syringe services programs. It directs federal agencies to integrate harm reduction into the US system of care to save lives and increase access to treatment. It also calls for collaboration on harm reduction between public health and public safety officials, and changes in state laws and policies to support the expansion of harm reduction efforts across the country."

The strategy calls for "the coordinated use of federal grant funds for harm reduction," and the administration last year broke new ground with a $30 million grant program for harm reduction providers. But in a sign of continued reliance on traditional law enforcement priorities, the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA. Those figures were released as part of the White House's FY 2023 budget released last month.

"Responding effectively to the illicit production, trafficking, and distribution methods of domestic criminal organizations and Transnational Criminal Organizations (TCOs) is a significant challenge and remains a Biden-Harris Administration priority," the White House said.

That kind of talk suited mainstream Democrats just fine.

"Illicit drugs cause immeasurable pain and loss in our communities. As the Chairman of the Senate Caucus on International Narcotics Control, I've pressed for an updated federal plan to tackle them," said Sen. Sheldon Whitehouse (D-RI). I've been clear that the plan must include a more coordinated approach to cracking down on drug trafficking and transnational criminal organizations, especially the ways in which they launder and protect their ill-gotten gains using US rule of law and financial networks; and more and better cooperation with our international partners to reduce the supply of precursor chemicals used to manufacture illicit drugs and to levy tougher sanctions against transnational drug syndicates. I'm pleased to see my priorities reflected in this new strategy, and I look forward to working with the Biden administration to deliver on those priorities."

Whitehouse also lauded the strategy's "tearing down barriers to treatment, including expanding access to life-saving naloxone and medication-assisted treatment; improving our data collection systems to better understand the effects of our intervention efforts."

Reform advocates offered praise -- sometimes lukewarm -- for the administration's tentative embrace of harm reduction, but blasted its reliance on tired, failed drug war paradigms.

In its analysis of the strategy, the Washington Office on Latin America (WOLA) called it "a major step forward" and lauded the administration for "focusing on ensuring access to treatment for substance use disorders and highlighting the crucial role of harm reduction services." But WOLA also noted that, "when measured against the scale of the nation's overdose problems and the urgency of the needs, Biden's new plan appears quite timid."

WOLA also warned that the strategy's "positive innovations regarding investment in treatment and harm reduction strategies risk being undermined by a continued commitment to the kinds of policies that have exacerbated the present crisis and that continue to absorb the lion's share of resources, namely, drug criminalization at home and wildly exaggerated expectations for what can be achieved through supply control efforts abroad."

Similarly, the libertarian-leaning Cato Institute called the attention to harm reduction a "positive," but noted steps that it did not take, such as making the opioid overdose reversal drug naloxone available over-the-counter and repealing the so-called Crack House Statute that stands in the way of federal approval of safe injection sites.

"On a negative note," Cato observed, "the remainder of the new report calls for doubling down on interdiction, border control, and other law enforcement measures aimed at curtailing the supply of illicit drugs -- as if repeating the same failed strategies of the past half century, only with more gusto, will somehow work."

So there it is: The Biden administration's first crack at a national drug strategy deserves kudos for its embrace of harm reduction and evidence-based approaches, but beyond that, it is pretty much more of the same old same old.

This Week's Corrupt Cops Stories

A Big Easy cop does the Big Sleezy and more prison guards go down. Let's get to it:

In Stillwater, Minnesota, a state prison guard was arrested April 17 for smuggling methamphetamine into the prison. Guard Faith Rose Gratz, 24, went down after a cell phone seized from an inmate incriminated her in a smuggling plot. Prison officials searched her vehicle when she arrived at work and found 233 grams of methamphetamine in it. She is charged with one count of methamphetamine possession with intent to sell and one count of possession of 50 grams or more.

In New Orleans, a New Orleans police officer was arrested last Wednesday on accusations he was dealing crack cocaine. Officer Reginald Koeller III, 38, is also on emergency suspensions pending the outcome of an "ongoing federal investigation." He was arrested by FBI agents and New Orleans police after they executed a search warrant and came up with more than an ounce of crack cocaine. He is charged with illegally carrying a weapon while possessing a controlled substance and possession with intent to distribute crack cocaine. He could get up to 20 years under state law.

In Punta Gorda, Florida, a guard at the Charlotte Correctional Institution pleaded guilty last Thursday to smuggling methamphetamine and MDMA into the prison. Troy Alexander Cole, 28, agreed on at least three separate occasions to smuggle drugs into the prison in return for cash payments. He copped to attempted distribution of methamphetamine and MDMA and is now looking at up to 20 years in federal prison.

Singapore Hangs Second Drug Convict in a Month, New Yorkers Support Safe Injection Sites, More... (4/27/22)

A Connecticut bill to eliminate commercial marijuana gifting passes the House, a new poll shows strong support for medical marijuana in North Carolina as the legislature considers a bill, and more.

Nagaenthran K. Dharmalingam, executed Wednesday in Singapore for 1.5 ounces of heroin. (Creative Commons)
Marijuana Policy

Connecticut Bill to Eliminate Commercial Marijuana Gifting, Allow Physicians' Assistants to Write Medical Marijuana Recommendations Passes House. The House voted Tuesday to approve House Bill 5329, which would originally have barred the gifting of marijuana by anyone, but has been amended to allow social gifting and has seen the criminal penalties for commercial gifting removed. Advocates had argued that the ban on social gifting would hurt patients who may rely on it to get their medicine. The bill also will allow physicians' assistants to recommend medical marijuana to patients. It now heads to the Senate.

Medical Marijuana

North Carolina Poll Has Supermajority for Medical Marijuana, Majority for Legalization. A poll from WRAL News shows that 72 percent of state voters want medical marijuana legalized and 57 percent want full adult legalization. Those supermajorities for medical marijuana include 73 percent of Democrats and 64 percent of Republicans, while 63 percent of Democrats and only 45 percent of Republicans want full adult legalization. The poll comes as a medical marijuana bill, the North Carolina Compassionate Care Act (Senate Bill 711) is before the Senate, where it went through several committees last yar and is now back before the Senate Committee on Rules and Operations.

Harm Reduction

New Yorkers Support Safe Injection Sites, Poll Finds. A new poll from Data for Progress found majority support for safe injection sites among likely voters in the state. A whopping 80 percent of Democrats and even 43 percent of Republicans favored the harm reduction intervention, creating an overall level of support at 64 percent. This was an online poll, which generally skews younger than traditional phone surveys, but Data for Progress did not provide an age breakdown of the numbers.

International

Singapore Executes Malaysian Man with Mental Disabilities on Drug Charges. The city-state has gone ahead with the execution of Nagaenthran K. Dharmalingam after a long international campaign for clemency failed. Dharmalingam, 34, got caught bringing 1.5 ounces of heroin into Singapore in 2009 and sentenced to death in 2010. Singapore halted executions during the coronavirus pandemic but started them up again with the hanging of another drug offender on March 30. Singapore has some of the toughest drug laws in the world, with a mandatory death sentence for trafficking more than a half ounce of heroin. Dharmalingam's lawyers had tried numerous appeals, noting that he had an IQ of 69 and that his mental condition had deteriorated in prison, and garnered extensive international support for clemency, to no avail. "Hanging an intellectually disabled, mentally unwell man because he was coerced into carrying less than three tablespoons of diamorphine is unjustifiable and a flagrant violation of international laws that Singapore has chosen to sign up to," said Maya Foa, director of the anti-death penalty group Reprieve.

Biden Commutes Sentences of 75 Drug Offenders, New Poll Has Strong Support for Drug Decrim, More... (4/26/22)

Marijuana legalization continues to be popular with the public, and support for drug decriminalization is trending the same way, and more.

Unlike his predecessor, Joe Biden used the formal pardon process to issue commutations. (whitehouse.gov)
Marijuana Policy

Yet Another Poll Shows Unwavering Strong Support for Marijuana Legalization. A new poll from the market research firm SSRS finds supermajority support for marijuana legalization, with 69 percent of respondents favoring the move. Support was strongest among Democrats (78 percent), followed by independents (74 percent) and Republicans (54 percent). Additionally, 58 percent of respondents, including 71 percent of millennials, agreed that "alcohol is more harmful to a person's health than marijuana." This poll comes on the hells of numerous other polls in recent years showing strong, enduring majority support for legalization. The poll hasa margin of error of +/– 3.5 percentage points.

Drug Policy

New Poll Shows Supermajority Support for Drug Decriminalization. A new survey from Data for Progress and the People's Action Institute shows strong majority support for drug decriminalization. The poll asked: "Last year, the state of Oregon decriminalized the possession of small amounts of drugs. Instead of being prosecuted, a person possessing small amounts of drugs will receive a fine (like a parking ticket). A person can get the fine waived if they participate in screenings from services like treatment, housing, mental health care, and employment. Would you support or oppose a similar measure nationwide?" Overall, 69 percent of respondents supported decriminalization, with Democrats leading the way (82 percent), followed by independents (75 percent), and even a majority of Republicans (54 percent). The poll also asked numerous other questions related to drug policy and harm reduction, with one striking finding that vast majorities of respondents (72 percent) had never read or heard about harm reduction programs.  The poll had a margin of error of +/- 3 percentage points.

Pardons and Commutations

Biden Commutes Sentences of 75 Drug Offenders. President Joe Biden on Tuesday announced he was commuting the sentences of 75 drug offenders and pardoning three other people. This is the first time Biden has made use of his presidential pardon power. The administration described the pardons and commutations as part of broader push to overhaul the criminal justice system, and it came the same day the Justice Department announced a $145 million plan to provide job skills training to federal prisoners. The administration said Biden is considering further commutations as well even as it noted he had issued more clemency grants than any of the last five presidents this early in their terms. The pardons and commutations went through the usual clemency process, a reversal of how President Trump relied on friends and allies for recommendations and generally used his pardon power to benefit people with wealth and connections, especially pro-Trump political operatives such as Steve Bannon and Roger Stone (although Trump did commute the sentences of a handful of celebrity-endorsed drug offenders). 

White House Releases 2022 National Drug Control Strategy, NH Marijuana Legalization Bill Nixed, More... (4/21/22)

A pair of companion marijuana legalization initiatives are cleared for singature-gathering in Oklahoma, SAMSHA mantains a firm line on drug testing rules, and more.

A needle exchange. The White House is emphasizing harm reduction measures to take on the overdose crisis. (Creative Commons)
Marijuana Policy

New Hampshire Senate Committee Votes to Kill Marijuana Legalization Bill. The Senate Ways and Means Committee voted unanimously Wednesday to kill a bill that would have legalized marijuana and had it sold at state-owned retail outlets, House Bill 1598. The bill could still come up for a Senate floor vote, but the committee vote likely signals the end of the road for this legislative session. The House has repeatedly passed marijuana legalization bills in recent years, only to see them die in the Senate. And even if something were to make it to the desk of Gov. Chris Sununu (R), he remains opposed to legalization. At least one senator indicated he was stuck in a time warp: "Why would we want to join the herd of introducing to our culture legalization of a substance that is unquestionably a gateway drug?" asked Sen. Bob Giuda (R-Warren).

Ohio Lawmakers File Marijuana Legalization Bill That Mirrors Ongoing Legalization Initiative. Two Democratic lawmakers, Reps. Casey Weinstein and Terrance Upchurch, have filed a marijuana legalization bill with the same language as the legalization initiative from the Coalition to Regulate Marijuana Like Alcohol (CRMTA). CRMTA's initiative passed an initial signature threshold, starting a process where the legislature has four months to either pass legalization or let it go to the voters in November (provided CRMTA succeeds in another round of signature-gathering), but there is little indication that the Republican-controlled legislature is going to act on it.

Oklahoma Marijuana Legalization Initiatives Okayed for Signature-Gathering. The state Supreme Court has cleared the way for two companion marijuana legalization initiative campaigns to begin signature-gathering. State Question 819 and the companion State Question 818, would amend the state constitution to protect the right of residents age 21 and older to use marijuana. Because they amend the constitution, they face a higher signature-gathering hurdle than State Question 820, which has already been cleared for signature-gathering. It needs about 90,000 signatures within 90 days to qualify for the ballot, while State Questions 819 and 820 will need about 178,000 valid voter signatures.

Drug Policy

Biden Administration Releases 2022 National Drug Control Strategy. The White House released the 2022 National Drug Control StrategyThursday, focusing on treating drug addiction and fighting drug trafficking. The strategy calls for expanded harm reduction interventions, such as drug test strips, needle exchanges, and access to the opioid overdose reversal drug naloxone. The new strategy is “the first-ever to champion harm reduction to meet people where they are and engage them in care and service,” the White House said. But the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA, maintaining a law enforcement emphasis. Those figures were released as part of the FY 2023 budget released last month.

Drug Testing

SAMSHA Cuts No Slack for Medical Marijuana, Accidental Exposures in Updated Federal Drug Testing Rules. In a pair of notices published in the Federal Register earlier this month, the Substance Abuse and Mental Health Services Administration (SAMSHA) published a pair of notices about proposed changes to drug testing policies. One new notice clarifies that having a doctor's recommendation for medical marijuana is not a valid excuse for a positive drug test. The secondnew notice states that passive exposure to secondhand marijuana smoke or accidental ingestion of foods containing marijuana are not a legitimate medical explanation for a positive drug test. These are proposed rules, and  there is a 60-day public comment period on the proposals is open until June 6.

Swiss Pharmacy Pot Sales Pilot Project Gets OK, Singapore Set to Hang Mentally Disabled Drug Offender, More... (4/20/22)

A new CBS poll shows continuing strong support for marijuana legalization, Honduras is becoming a coca and cocaine production center, and more.

Yet another poll showing strong support for marijuana legalization.
Marijuana Policy

CBS Poll: Two-Third of Americans Want Marijuana Legalized Federally and in Their States. A new CBS/YouGov poll is remarkably consistent with other recent national polls, finding that 66 percent of Americans want marijuana to be legal at both the federal and state levels. The poll also found broad acceptance of marijuana businesses, with just 30 percent saying they would oppose such a business. The level of support for state-level legalization was identical to the level of support for federal legalization.

Missouri Marijuana Legalization Bill Heads for House Floor Vote. The House Legislative Oversight Committee has voted to approve a marijuana legalization bill, House Bill 2704, but only after adding several "poison pill" amendments, including one that would exclude transgender women from accessing no-interest loans available to women and minorities applying for cannabis business funding. Bill sponsor Rep. Ron Hicks (R-Defiance) and committee Democrats said they passed the bill with the amendments in hopes they would be stripped out on the House floor.

Medical Marijuana

South Carolina Medical Marijuana Bill Heads for House Floor Vote. A medical marijuana bill, the Compassionate Care Act (House Bill 3361) passed out of the Committee on Medical, Military, Public and Municipal Affairs Tuesday and now heads for a House floor vote. Identical companion legislation has already passed the Senate. The bill from Sen. Tom Davis (R) has been under consideration since January 2021.

Louisiana Bill to Ease Access to Medical Marijuana Heads for House Floor Vote. A bill to expand access to medical marijuana by changing the agency that regulates the industry and adding the University of Louisiana at Monroe to the list of facilities that can do research on medical marijuana, House Bill 418, passed the House Health and Welfare Committee and now heads for a House floor vote. The bill also would expand the number of licenses from 10 to 25, with 30 percent of the new licenses set aside for social equity applicants.

International

Honduras Sees Proliferating Coca Growing, Cocaine Labs. After years of low-level test plots, coca production and cocaine labs are proliferating in the Central American nation of Honduras, far from coca's traditional home in the Andes. Authorities reported destroying more than half a million coca plants in the first three months of this year alone, more than seized in all of 2021. One coca farm extended over 42 acres and held 345,000 plants, as well as three cocaine labs capable of producing 50 kilograms of cocaine every month. Most of the planting is going on in the mountains of Colon and Olancho departments but is also spreading to the nearby departments of Yoro and Gracia a Dios. The first large coca farm in the country was found just five years ago.

Singapore Set to Execute Mentally Disabled Malaysian Drug Offender. A Malaysian man who defenders say is mentally disabled is set to be hung next week after losing a final appeal. Nagaenthran K. Dharmalingam was sentenced to death in 2010 for trying to smuggle less than 1.5 ounces of heroin into the city-state. His case has sparked widespread condemnation, including from the European Union. The Anti-Death Penalty Asia Network has also called for a halt to the execution. Singapore had enacted a moratorium on executions during the coronavirus pandemic, but that ended just weeks ago with the execution of another drug offender.

Swiss Pilot Project to Allow Marijuana Sales from Pharmacies Gets Green Light. A plan to allow a few hundred people in Basel to buy marijuana in pharmacies has gotten the go-ahead from the Federal Office of Public Health. This is the first marijuana pilot project to be authorized since the country cleared the way for them last May. The Federal Office of Public Health says the goal of the projects is to heighten understanding of "alternative regulatory forms" that could be the basis for future legalization legislation. The program will get underway in midsummer, with 400 participants able to get marijuana products. The program will last 2 ½ years, with participants questioned regularly about their consumption and their physical and mental health.

NJ Legal Marijuana Sales Begin Tomorrow (4/20), MA Psychedelic Decriminalization Reform Push, More... (4/19/22)

There is a brewing controversy over whether New Jersey cops can smoke weed now that it is legal there, Massachusetts activists plan a psychelic and broader decriminalization push, and more.

The next state to commence legal adult-use marijuana sales. And on 4/20, no less. (Creative Commons)
New Jersey Recreational Marijuana Sales Begin Thursday. The first sales of adult-use marijuana are set to begin Thursday after the state Cannabis Regulatory Commission last week licensed seven medical marijuana dispensaries to sell their products to anyone 21 or over. But while medical marijuana patients can purchase up to three ounces every 30 days, adult-use customers will only be able to purchase one ounce at a time. The commission earlier this month approved more than 100 conditional licenses for smaller growers and manufacturers, many with social equity ownership, but those licensees are not expected to be operating until next year.

New Jersey Police Chiefs Say Cops Should Be Barred from Using Marijuana. Responding to an opinion last Thursday from Acting Attorney General Matthew Platkin that police officers can smoke marijuana while off duty, the New Jersey State Association of Police Chiefs is calling on the legislature to make an exception for police officers and other "safety-sensitive" professionals and bar them from using marijuana at any time. "Our association is asking for the law to be modified so police brass has the necessary tools to make an appropriately measured response when a “safety-sensitive” employee uses cannabis," the chiefs wrote. "Police executives need to assure the public that their officers are not working while cannabis is metabolizing in their system. Keep in mind, cannabis can exist in the body for up to 28 days." (It is non-psychoactive marijuana metabolites that remain in the body for an extended period of time, not psychoactive THC, which wears off in a matter of hours.)

New Jersey Governor Says He Would Consider Banning Weed for Cops. Responding to a rising kerfluffle over whether police should be able to use marijuana now that it is legal in the state, Gov. Phil Murphy (D) said Monday that he would consider barring recreational marijuana use for off-duty police officers. Addressing concerns that police might show up stoned on the job, Murphy said, "There’s no allowing anybody to show up impaired, whether you’re drinking or whether you’ve smoked weed. Anybody who shows up impaired would be dealt with aggressively." And then he added: "Would I be opened minded to a legislative fix that would address this? The answer is yes."

Psychedelics

Massachusetts Activists Plan Decriminalization Campaign in Worcester, Statewide Reform Push. Bay Staters for Natural Medicine (BSNM) has launched a signature-gathering drive to put a decriminalization initiative that emphasizes psychedelics but would also decriminalize the personal possession of all currently illegal drugs. They are hoping the city council, which recently approved a resolution calling for a study of the utility of arresting people for possession of entheogenic plants and replacing that approach with a lowest law enforcement priority approach, would approve the measure this year. But if not, they are aiming at collecting some 16,000 signatures by this summer to put it directly before voters in November. Activists are preparing a similar push in Amherst, as well as a state-wide effort to make legislators file decriminalization bills "by request" of voters even if the legislators do not support them. 

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