A Pennsylvania GOP state senator is pushing for gun rights for medical marijuana patients, an Italian court clarifies that hemp is not a narcotic, and more.

Marijuana Policy                                            

White House Approval Sought for Changes to Marijuana Questions in Federal Hiring Process. The Office of Personnel Management is seeking White House approval for a shift in federal hiring practices that would treat marijuana use by job applicants much more leniently than is the case now. Under current policy, applicants are asked about use within the past one, five, or seven years, depending on the position's security level. That would change to inquiring only about use within the past 90 days under the proposal. Marijuana would not be included in questions about broader illegal drug use but would be asked about separately. The proposed changes are expected to expand the pool of candidates eligible for federal jobs.

Medical Marijuana                  

Kansas Senate Committee Will Hold Informational Hearing on Medical Marijuana This Week. The Senate Committee on Federal and State Affairs will hold informational hearings Wednesday and Thursday on the legalization of medical marijuana. No bill has been filed yet this session, but pressure is mounting with neighboring Missouri having legalized recreational marijuana last November and neighboring Oklahoma set to vote on recreational legalization next month. "You know, Kansas, sometimes we're kind of behind on things and, you know, we hear about it all the time where people are going across the state line to purchase those items," said medical marijuana supporter Sen. Oletha Faust-Goudeau, the ranking Democrat on the committee.

Pennsylvania GOP State Senator Pushes State to Reconsider Gun Restrictions on Medical Marijuana Patients. In the wake of a federal judge's recent ruling that the federal government's ban on gun ownership for marijuana users is unconstitutional, state Sen. Dan Laughlin (R) is calling on state law enforcement to protect the rights of medical marijuana patients by bringing state policy in line with that ruling Currently, the state bars people from obtaining a gun license if they acknowledge being "an unlawful user" of marijuana, and even medical marijuana use in states where it is legal remains technically illegal under federal law. "I believe Pennsylvania can take a measured approach to lifting the prohibition on otherwise qualified medical cannabis users from obtaining their license to carry," Laughlin wrote. Since the federal court ruling, it is time for "reconsideration of the question on these forms."

International

Italian Court Rules Hemp Flower and Leaves Are Not Narcotics. An Italian court, the Lazio Regional Administrative Court, has thrown out a section of national law that defined hemp leaves and flowers as narcotics, bringing Italy in line with the European Court of Justice. That court ruled in 2020 that hemp, which does not contain more than traces of psychoactive THC, should not be regulated as an illicit drug. The Italian court ruling came after four industry associations filed an appeal against a January 2022 Ministerial Decree that put the cultivation, processing, and marketing of hemp products under the control of narcotics regulators. "Today we have definitive confirmation that without valid scientific evidence it is not possible to limit this agricultural supply chain. The THC-free hemp plant is not part of the international conventions on narcotics and for this reason its market and industrial and medicinal applications cannot be limited," the plaintiffs said in a statement after the ruling. 

The Riders Come Out at Night: Brutality, Corruption, and Cover-Up in Oaklandby Ali Winston & Darwin Bondgraham (2023, Atria Books, 467 pp., $30 HB)

The killing of Tyre Daniels by Memphis police officers who were members of an aggressive anti-crime unit has reignited longstanding public concerns about police brutality and, more broadly, police culture. How is it that American police generate an Eric Garner, a Philandro Castile, a Breonna Taylor, a George Floyd, a Tyre Daniels, another dead person of color and another, on a regular basis?

As the brief list above suggests, and as the massive wave of protests in towns and cities across the land in the wake of the George Floyd killing confirms, thuggish, sometimes murderous cops are not just a Memphis problem. Almost every big city police department has its own legacy of scandalous brutality, much of it linked to the enforcement of drug prohibition. Oakland, California, is no exception.

In the case of the gritty East Bay city, it was the Riders scandal two decades ago that was so outrageous it generated mass protests, a criminal trial of the police involved, and a successful civil lawsuit that resulted in the Oakland Police Department force to operate under the supervision of a federal judge enforcing a consent decree.

In The Riders Come Out at Night, veteran investigative journalists Ali Winston and Darwin Bondgrahm use the Riders scandal as the fulcrum with which they pry open the inner workings of a police department long notorious for corruption and brutality. It's a tale not just of cop acting like criminals but also of a departmental culture more interesting in protecting its own than protecting the citizenry and elected officials more interested in playing "tough on crime" politics than ensuring that the police do not abuse the public.

Like the Memphis SCORPION unit now under the spotlight, the Riders were a specialized crime-fighting unit, celebrated for their aggressive tactics against drug dealers and other scofflaws and held up as an example for incoming rookie officers. A growing pile of police brutality complaints vanished into the police bureaucracy that was supposed to address them, and it took one of those rookie officers, sickened by what he was witnessing from his trainers, to finally bring the scandal into the open.

When it broke, it broke big, with four of the Riders eventually going to trial for the assaults and other crimes they committed (one of them fled and remains a fugitive to this day), only to escape criminal punishment after being vigorously defended by lawyers paid for by the police union. But they and the department could not escape a civil lawsuit filed on behalf of 119 Oakland residents that resulted in a federal consent decree forcing the department into oversight by a federal judge. That was 2003. The department remains under that consent decree to this day because it has been unable or unwilling to make the reforms necessary to satisfy the judge.

Since that 2003 consent decree went into effect, the Oakland PD has suffered renewed scandals on a regular basis, ranging from run of the mill police killings to the killing of four Oakland cops by one man in an incident that laid bare deficiencies in police training to the scandal around Oakland (and other) cops having sex with a troubled teen. And then there was the killing of Oscar Grant at the Fruitvale BART station—not by an Oakland cop but by a BART officer—and the Oakland Police's thuggish response to protests around that killing. And the spying on and attacks on Occupy protestors in 2011.

And on and on. It's as if the Oakland Police is a recidivist organization. The authors describe a culture within the department that has been historically racist, sexist, and anti-worker, dating back to anti-Chinese policing in the late 1800s, the Ku Klux Klan presence in the force in the 1920s, and the violent suppression of strikes in the 1930s. It bashed hippies in the 1960s and terrorized black Oaklanders in the 1980s and 1990s as it prosecuted the war on drugs.

It also generated a decades-long resistance movement, often led by the families of the people the department killed that has managed to impose reforms. And it eventually inspired the consent decree under which the department still labors, but it's always two steps forward, one step back.

As they examine this sordid history, Winston and Bondgraham concede that the department has changed, become less deadly and more transparent, and even occasionally capable of punishing miscreants within the ranks. But they argue that the transformations necessary to civilize policing in Oakland (and elsewhere) are greater than the institution of the police:

Whether policing in Oakland will ever get to the point where most people can agree it has been fundamentally transformed—no longer anything like the institution the Riders thrived in, no longer the force that terrorized Black Oakland after World War II and well into the 2000s—depends very much on whether there are broader societal shifts. So long as Oakland and the rest of America is riven by extreme race and class inequalities and the power of the federal government is not brought to repair the economies of destitute cities and rural areas, and deal with the intergenerational trauma that leads to despair and hopelessness, then it's very likely the police will continue serving more or less the same function they have for well over half a century: containing and repressing the symptoms of broader social problems through violence.

The Riders Come Out at Nightis thoroughly researched, compellingly written, and eye-opening. It is also an achingly timely examination of the role of police in society and how we figure out who will guard us from the guardians. This is a real contribution to the literature of policing in America, and it does not paint a pretty picture. 

An Arizona magic mushroom research bill is filed, Germany's plans to legalize marijuana face delays, and more.

Marijuana Policy

Washington State Home Cultivation Bill Gets Hearing This Week. A bill that would allow people 21 and over to grow up to six plants at home, House Bill 1614, is set for a hearing this week. Filed by Rep. Shelley Kloba (D), the bill will be heard in the House Committee on Regulated Substances and Gaming at 8:00 a.m. on Thursday. The bill would not allow home cultivation at houses used for early childhood education or early learning services by a family day care provider.

Medical Marijuana

Pennsylvania Bill Would Allow Medical Marijuana for Any Condition Doctor Approves. Sen. Mike Regan (R-Cumberland) and Sen. James Brewster (D-Allegheny) are preparing to file a bill that would strip the state's Medical Marijuana Advisory Board of its function of determining which medical conditions allow patients to use medical marijuana and instead allow its use for any condition for which a doctor approves it. "Elected officials and bureaucratic staffers should not be deciding what ailment qualifies an individual to use medical marijuana," they said in a cosponsor memo they are circulating. The two senators are chairmen of the Senate Law and Justice Committee.

Psychedelics

Arizona Bill Would Allow Magic Mushroom Clinical Trials. Republican Rep. Kevin Payne and Democratic Reps. Jennifer Longdon and Stacey Travers, along with Republican Sen. T.J. Shope, are all backing House Bill 2486, which would put $30 million in grants over three years toward clinical trials using whole-mushroom psilocybin to treat mental health conditions like depression and PTSD. The bill has been assigned to the Health and Human Services and Appropriations committees.

International

German Push for Marijuana Legalization Likely Delayed. Germany has yet to submit its proposal for marijuana legalization to the European Commission, making its plan to do so in 2024 increasingly unlikely. The proposed law is "currently being drafted," the Health Ministry said. "A large number of legal and operational questions concerning implementation need to be answered and coordinated between the ministries in charge" before it can be submitted to the European Commission, it added. The German government first unveiled its plan to legalize it in October 2022. The plan would for the home cultivation of three plants and the possession of up to 30 grams, as well as setting up a legal marketplace. Germany has said it will advance the legislation only if it compatible with European Union law and will not do a final draft of the law until and unless the European Commission gives its okay.

International Criminal Court Reopens Investigation into Philippines Drug War. The International Criminal Court (ICC) announced last Thursday that it will reopen its investigation into possible "crimes against humanity" in the Philippines' prosecution of a bloody war on drugs under former President Rodrigo Duterte. That campaign led to the deaths of thousands of people. The ICC had announced plans for an investigation in February 2018 but suspended that query in November 2021 at the request of the Philippines after the government there said it was conducting its own review. After reviewing files submitted by the Philippines, ICC Prosecutor Karim Khan said further delay was not warranted and applied to reopen the ICC case. Last Thursday, the ICC said it was "not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court’s investigations. The various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the Court’s investigation."

A Montana bill would block child welfare workers from removing children simply because of a parent's drug use, San Francisco is ready to move forward on safe injection sites, and more.

Medical Marijuana

South Carolina Sees Second Medical Marijuana Bill Filed. A bipartisan medical marijuana bill, the Compassionate Care Act (HB 3486/SB 423), has been filed in both houses this week. It would allow physicians to recommend marijuana to patients with debilitating medical conditions and have them purchase it from state-licensed and -regulated businesses. This is the second medical marijuana bill filed this year. The first, the No Patient Left Alone Act (HB 3215) is similar, but would allow dispensaries to grow their own product. The Compassionate Care Act got through the House last year only to die in the Senate.

Psychedelics

Virginia GOP Lawmakers Block Bill Legalizing Magic Mushrooms for Medical Use. A bill that would allow the use of magic mushrooms for medical purposes, House Bill 1513, has been killed by a subcommittee vote of the House Committee for the Courts of Justice. The bill would have allowed doctors to prescribe the drug for the treatment of depression, PTSD, or end of life anxiety. A bill that would direct Gov. Glenn Youngkin (R) to create a psilocybin study committee remains alive, however.

Child Welfare

Montana Bill Would Block Child Removals Based Solely on Parental Substance Use. An omnibus child protective reforms bill, House Bill 37, aimed at making the removal of children from parental households more difficult includes a provision that bars child welfare workers from removing a child for neglect or abuse based only on "substance use by a parent or guardian, disorderly living conditions, other factors closely related to economic status, or a child's obesity." The GOP-championed bill came after a year of study in the bipartisan Children, Families, Health and Human Services Interim Committee. It passed the House Judiciary Committee Friday and now heads for a House floor vote.

Harm Reduction

San Francisco Mayor Looking Again at Safe Injection Sites. Mayor London Breed (D) said Wednesday that she is working with Supervisor Hillary Ronen (D) to undo a city law that is an obstacle to nonprofits setting up safe injection sites in the city. Breed and other city officials say they are ready to move forward with privately-funded sites, but to do so, the Board of Supervisors will have to repeal a 2020 ordinance that prohibits safe injection sites. While city politicians had been fearful of a federal reaction to a safe injection site, they have been impressed by New York City's pair of safe injection sites that have operated for more than a year without federal harassment. "The Biden administration and the Newsom administration… are not going to throw San Franciscans in jail or cut off our federal funding because we're saving lives and stopping open-air drug use," Ronen told city staffers.