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OK Arrests Pregnant Women for Medical Marijuana, Bolivia Coca Leader Arrested, More... (9/15/22)

North Dakota activists cry foul over a financial summary of their legal pot initiative, the South Caroline Supreme ourt upholds civil asset forfeiture, and more. 

Coca farmers are clashing with each other in Bolivia. (DEA)
Marijuana Policy

Colorado Bill to Protect Marijuana-Using Workers Filed. Even though Colorado was the first state to legalize marijuana, it still does not have protections in place for people fired or not hired for using it. That could change under newly filed House Bill 1152 , which would not only protect workers from adverse consequences for off-the-job marijuana use but also allow medical marijuana patients to consume their medicine at work. Past attempts to pass such legislation have failed and the state Supreme Court has held that employers can fire medical marijuana users for off-duty use.

Missouri Lawmaker Files Marijuana Legalization Bill, Urges Special Session to Consider It. In a bid to fend off a marijuana legalization initiative, Amendment 3, Rep. Ron Hicks (R) filed his Marijuana Freedom Act on Wednesday, one day after a judge cleared the way for the initiative to be voted on in November. The bill is a revised version of a bill he filed earlier this year and advanced through committee during the regular legislative session. He is calling on Gov. Mike Parson (R) to include the bill in a pending special session, even though Parsons said recently he would not include it.

Nevada Judge Rules Pharmacy Board's Classification of Marijuana as Schedule I Substance Unconstitutional. District Judge Joe Hardy Jr. ruled Wednesday that the state Board of Pharmacy’s classification of cannabis as a Schedule 1 drug is unconstitutional. The ruling came in a lawsuit filed by the ACLU of Nevada, which argued that marijuana doesn't meet the definition of a Schedule I drug under state law because it has accepted medical uses. The judge agreed: "The constitutional right to use marijuana upon the advice of a physician does establish that marijuana has an accepted medical use and treatment in the United States," Hardy said.

North Dakota Activists Accuse State of Misleading Voters About Marijuana Legalization Initiative. Backers of the Initiated Statutory Measure No. 1 marijuana legalization initiative say the state's ballot summary misleads voters about the costs of the measure by failing to include any revenues from legalization in the summary. The state's fiscal summary reads as follows: "The estimated fiscal impact of this measure beginning in 2023 through the 2025-2027 Biennium is Revenue of $3,145,000 and Expenses of $4,985,000." That does not include revenues from legal marijuana, which would be taxed at 5 percent by the state, up to an additional 3 percent by localities, and a possible excise tax. Dave Owen, the chairman of New Approach North Dakota, called the fiscal summary "obviously incomplete" and "intentionally misleading." The state claims it is unable to calculate potential revenues, but an economics professor at North Dakota State University was able to come up with a projection that the state would get about $6 million in pot taxes each year.

Medical Marijuana

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law,"said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law,"Kiesel said. "It’s important to remember, if you have a medical marijuana license, you are under the care of a physician."

Asset Forfeiture

South Carolina Supreme Court Upholds Civil Asset Forfeiture Law But Urges Legislative Reform. The state Supreme Court on Wednesday upheld the state's civil asset forfeiture law but suggested the legislature could reform the law to make it more fair to seizure victims. "Several states have amended their statutory schemes to impose more stringent requirements on the government; however, the fact that certain states have legislatively altered their civil forfeiture laws provides no support for judicially changing ours,"the order said. "Legislative alteration might be a good thing, but we are not called upon to decide whether a change in the law would be wise."

International

 

 

. The leader of an anti-government coca growers union faction, Freddy Machicado, was arrested Wednesday for his role in protests that resulted in the burning of a "parallel" coca market in La Paz. He is being held at a police headquarters in El Alto, a La Paz suburb. For weeks, Machiado had led weekly protests against the market, which is operated by another faction of the Adepcoca union close to the government. Its leader, Arnold Alanes, who claims leadership of the union even though a majority of affiliates reject his leadership. There are only two officially sanctioned legal coca markets in the country, but Alanes' "parallel" market had operated unimpeded by the government. 

A Federal Bill to Help Small Pot Growers Survive Is Filed [FEATURE]

It is tough times for the West Coast's small-time legal marijuana growers. In California, they are being battered by low prices, a tax and regulatory environment that favors larger operations, and a thriving black market. Next door in Oregon, small marijuana farmers are facing similar issues and are especially buffeted by falling wholesale prices. The pound of weed that earned an Oregon farmer $1,470 two years ago was going for $696 last month, a more than 50 percent decline since 2020.

paired small scale cannabis and commercial vegetable farm, Humboldt County, CA (https://calag.ucanr.edu)
Another obstacle small operators in both states face is being unable to sell their products outside of their own states. Since marijuana remains illegal under federal law, such sales are prohibited. But now, a pair of congressmen representing the two states have filed legislation that seeks to provide some help for beleaguered small growers by removing barriers to interstate sales.

On Wednesday, Reps. Jared Huffman (D-CA) and Earl Blumenauer (D-OR), founder and chair of the Congressional Cannabis Caucus, filed the Small and Homestead Independent Producers (SHIP) Act to allow small farmers and producers to operate across state lines -- once the end of federal marijuana prohibition is achieved. The bill specifically aims to support the smallest family farmers.

The bill says: "A small cultivator of marijuana and a small manufacturer of a marijuana product may ship and sell marijuana or a marijuana product to an individual located in that State or another State in which possession of marijuana or the marijuana product is lawful by that individual, using the Postal Service or any private or commercial 10 interstate carrier."

It defines "small cultivators of marijuana" as those growing less than one acre outdoors, 22,000 square feet of canopy in greenhouse operations, or 5,000 square feet of indoor canopy. "Small manufacturers of marijuana" are defined as those producers of edibles, tinctures, salves, or concentrates who gross less than $5 million per year.

"Too often, the federal government falls behind, and the gears of Congress work too slowly to keep up with the pace of a changing economy," said Representative Huffman in a press release announcing the bill. "Under my bill, folks in our state will be able to ship their products straight to consumers when the antiquated federal prohibition on cannabis is finally repealed. As large, commercial cannabis operations squeeze out local producers from the market, this legislation is critical for farmers to survive and expand their small businesses. We cannot leave our smallest family-farmers behind under full legalization."

Representatives of small growers said being able to sell direct to consumers would be a major benefit for them. The Origins Council, founded in 2019 to promote sustainable development within California's "legacy" marijuana growing regions and to promote appellations for such areas much like the ones adopted by the international wine industry, is on board.

"The direct-to-consumer model is a necessary resource for any small-scale craft-producing community that is deeply tied to the land on which it creates -- whether it produces wine, whiskey, cheese, beer, cannabis, or honey," said Genine Coleman, Executive Director of Origins Council. "The legacy cannabis community that has worked so long in the shadows should have the opportunity to join the ranks of other artisan producers across the United States and enjoy the privilege of connecting personally with their adult customers. As is always true with each step cannabis takes towards legality, the greater community stands to reap enormous benefit in the process."

So are groups representing small marijuana farms in Humboldt, Mendocino, and Trinity counties, California's original Golden Triangle.

"For small craft producers in nearly any context, direct-to-consumer shipping is the critical tool that enables a diversified market to survive and thrive. Cannabis is no different," said Ross Gordon, Policy Director of Humboldt County Growers Alliance (HCGA) and Policy Chair of The Origins Council. "The SHIP Act moves the conversation beyond the question of who can get a license to cultivate cannabis and addresses the practical reality of building an equitable and accessible market for small cannabis producers."

"As a legacy cannabis producer and family farmer located in the heart of the Emerald Triangle, I see the direct-to-consumer retail pathway as the only future of my small farm, and indeed -- of all rural communities like my own whose cultural heritage is rooted in craft cannabis cultivation and artisanal medicine making," said Karla Avila, owner and operator of Flowerdaze Farm in Trinity County and Executive Director of the Trinity County Agriculture Alliance.

The bill is also being endorsed in California by the Mendocino Cannabis Alliance, the Nevada County Cannabis Alliance, the Sonoma County Growers Alliance, and the Big Sur Farmers Association. Outside of California, it's supporters include the Massachusetts' Farm Bug Co-op, the Maine Craft Cannabis Association, the Vermont Growers Association, and the Washington Sun & Craft Growers Association.

But it is not going to happen until marijuana is legalized at the federal level, a prospect looking increasingly dim in this Congress. Whether progress comes in the next Congress will depend to a large degree on the results on November's mid-term elections. If the Democrats can hold the House and increase their numbers in the Senate, the odds are good. If not, not so much.

Scary MO Pot Legalization Poll, NJ Judge Throws Out 2,000 Drug Cases, More... (9/13/22)

Germany moves to ban an LSD derivative, a new pol lhas the Missouri marijuana legalization initiative trailing, and more. 

Alabama routinely holds pregnant women drug offenders in jail without bond. (Creative Commons)
Marijuana Policy

Missouri Poll Has Legalization Initiative Trailing. The constitutional amendment to legalize marijuana, Amendment 3, faces an uphill fight, according to a new poll from the Remington Research Group and Missouri Scout. That poll had 43 percent in favor of the initiative with 47 opposed and 11 percent undecided. But Legal Missouri, the group behind the initiative, pointed out that previous polling had shown majority support for legalization and that this "same pollster and political newsletter predicted medical cannabis might not pass in 2018, weeks before 66 percent of Missourians voted for it on the ballot." Still, the poll numbers are concerning

Drug Testing

New Jersey Judge Throws Out More Than 2,000 Cases Where Drug Tests Were Mishandled. Superior Court Judge Edward Jerejian has dismissed more than 2,000 drug charges after a review spurred by a mishandled drug analyses at a State Police laboratory. The same judge initiated the review in 2016 after a lab worker reported that a technicians was filing test results without actually testing the samples. The review spanned more than 10,000 drug charges over 10 years and found more than 2,000 cases that merited dismissal. People who had charges dismissed may be eligible for reimbursement. The lab tech responsible retired before the probe began and was never charged. The review has caused the State Police to adopt more strenuous drug testing methods using mass spectrometry and gas chromatography.

Pregnancy

Alabama Routinely Holds Pregnant Women Arrested for Drug Offenses in Jail Until Trial to Protect Fetuses. Under state law, pregnant women arrested for drug offenses are not allowed to post bail and must stay in state custody—either in jail or drug treatment—until giving birth. Alabama leads the nation in imprisoning pregnant women who have drug charges but is hardly alone, and Etowah County is a real hotbed. It has jailed 150 pregnant women in recent years and is currently holding 12 behind bars.

The trend of imprisoning pregnant and postpartum women for supposedly endangering their fetuses is growing nationwide. According to National Advocates for Pregnant Women, there where 413 pregnancy prosecutions from 1973, when Roe v. Wade was decided, until 2005. But since then, there have been more than 1,300 more cases. Now, in the post-Roe era, expect more such prosecutions, said NAFPW's Afsha Malik. "We know that we’re going to see more examples of pregnant people being criminalized for behavior that may be [seen as] justified for the general public, like using substances," she said. "[Other] cases that we’ve seen are going to accelerate, like [for] falling down the stairs, having a home birth, not seeking prenatal care, having HIV, having a self-induced abortion, and experiencing a pregnancy loss.”

International

Germany Moves to Ban LSD Derivative. The federal government has sent a draft ordinance banning 1-V-L-LSD, a derivative of LSD, to the Bunderat, where it is set to be discussed on Friday. It would add the substance to an existing ban on new psychoactive substances. It is currently available in shops and online. "The substance 1-V-LSD is a substance with a psychedelic effect, which is converted to LSD when it passes through the body and is already represented on the drug market for purposes of abuse," the draft says. Drug Commissioner Burkhard Blienert said people supplying the drug were "unscrupulous players in the drug market"and 

San Francisco DA's Misdemeanor Drug Crackdown, Philippine Rejects ICC Investigation into Drug War Killings, More... (9/9/22)

Seattle makes a move on marijuana equity, Bolivian coca growers get rowdy, and more. 

San Francisco DA Brooke Jenkins is moving to crack down on open air drug use and selling in the Tenderloin. (Creative Commons)
Marijuana Policy

Seattle City Council Approves Marijuana Equity Legislation. The city council has approved a package of marijuana equity legislation, including a measure that anticipates the city issuing new "social equity licenses" for city marijuana businesses. The package is the result of months of work by the Social Equity in Cannabis Task Force to address the lack of diversity in the industry in the city. Mayor Bruce Harrell (D) called the package "historic," but also noted that "this is a first—but necessary—step toward equity long overdue in the cannabis industry." The program should put the city in line with forthcoming state rules that will require at least 51 percent ownership by individuals "who have resided in a disproportionately impacted area" where there have been factors like a high poverty rate or a "high rate of cannabis-related arrest, conviction or incarceration” to qualify for the special licenses.

Drug Policy

San Francisco DA Announces New Misdemeanor Drug Policy. New District Attorney Brooke Jenkins has announced a new misdemeanor drug policy that will require mandatory drug treatment for people who have five misdemeanor drug possession citations. The move of part of Jenkins' efforts to move against open-air drug use and drug selling, especially in the city's Tenderloin district. "What we are doing is SFPD has begun citing individuals that are engaged in public drug use," Jenkins said. "Both injecting and smoking, pipes, fentanyl, methamphetamines. When a person reaches five citations for that public drug use that is when we file a complaint that we forward to our community justice centers, so that we can connect that person with resources for treatment."

The ACLU of Northern California has some concerns: "One is that it seems to be a backtracking of the statement the DA made a few weeks back saying that she would not prosecute possession or paraphernalia cases. This is saying, you do this five times we’re going to arrest you. Then we’re going to put you through the criminal legal system, which we know and have seen in the past, it is not the best place to put people into recovery," said Yoel Haile, Criminal Justice Program Director for the group.

International

Bolivia's Coca Grower Conflict Continues as Yungas Growers Burn "Parallel" Market in La Paz. The conflict between pro- and anti-government coca grower union factions escalated Thursday as thousands of farmers from the Yungas region broke through police lines, marched into La Paz, and burned down a "parallel" coca market. The protestors attacked with dynamite, firecrackers, and Molotov cocktails. The country has only two officially sanctioned legal coca markets, in La Paz and Cochabamba, but a pro-government faction of a coca grower union opened the "parallel" market in La Paz last October. The coca growers that burned down the market say the government should have shut it down. "The government and its ministers are responsible for this," coca leader Esar Apaza said, adding that the Yungas coca growers would not go home until the government resolves the conflict.

Philippine Government Rejects ICC Request to Resume Investigation of Duterte's Drug War Crimes. The government of Ferdinand Marco Jr. on Thursday rejected a request from the chief prosecutor of the International Criminal Court to resume an investigation into thousands of drug war killings that took place under his predecessor, Rodrigo Duterte. The ICC authorized a full investigation into Duterte's drug war last September but suspended the investigation after the Philippines said it would conduct its own review. In August, the ICC asked Manila to respond to its request to reopen the investigation, and now it has a response from the Philippines Office of the Solicitor General, which says that the international court "has no jurisdiction" over the Philippines. "The alleged murder incidents that happened during the relevant period do not constitute "crimes against humanity,'" the agency said in a statement. Philippine authorities have admitted killing roughly 8,000 people as part of Duterte's drug war, but human rights groups put the actual toll at three or four times that. Only three people have been convicted of killings in the drug war, and the government has conceded that in another 52 deaths, police may have used excessive force. 

Medical Marijuana Update

California medical marijuana patients get more protections, so do District of Columbia city employees, and more.

California

California Governor Signs Bill Protecting Medical Marijuana Patients from Healthcare Discrimination. Gov. Gavin Newsom (D) has signed into law Assembly Bill 1954, barring doctors from discriminating against patients based on a positive test for THC if the patient is a registered medical marijuana user. The bill adds that healthcare professionals cannot be punished for treating a patient who uses medical marijuana in compliance with state law. He also signed into law Senate Bill 988, which amends an existing law that permits registered patients to use medical marijuana products at hospitals. It would repeal a provision that currently requires that "health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements."

Nebraska

Federal Appeals Court Rejects Attempt by Medical Marijuana Campaign to Block Nebraska Ballot Process. As medical marijuana campaigners ran into problems with signature gathering earlier this summer, they sued, arguing that the state's requirement that initiative campaigns not only reach a certain statew0ide signature threshold but also get signatures from at least 5 percent of voters in at least 38 of the state's 93 counties violated free speech and equal protection rights. Nebraskans for Medical Marijuana and the ACLU prevailed in district court in June, winning a temporary injunction suspending the 5 percent requirement. But state officials appealed, and the US 8th Circuit quickly put a hold on the judge's order pending an appeals court ruling. That ruling came Wednesday, when a split panel of the court ruled for the state. "The district court abused its discretion by granting the plaintiffs’ request for a preliminary injunction,” Judges Raymond Gruender and David Stras ruled. Judge Jane Kelly disagreed, writing that "if the right to vote is fundamental, I see no reason why it should not apply equally to the initiative process at the heart of Nebraska’s electoral and legislative system." The campaign and the ACLU said the effort would continue and that they may seek a ruling from the full 8th Circuit.

Washington, DC

DC Court Reverses Firing of Government Worker Who Tested Positive for Marijuana. An administrative court in the DC Office of Employee Appeals (OEA) has reversed the firing of medical marijuana patient and city government employee who was accused of being high on the job and later tested positive for marijuana. The employee argued that the city's communications office falsely accused her of being impaired because her eyes were red and she was talking quietly. She pointed out that her eyes were red because she had spent the previous night at a hospital sitting beside a relative who had overdosed. She also presented a valid medical marijuana patient card. The court held that the communications office was negligent in how it handled the process for reasonable suspicion of impairment from drugs. The judge noted that supervisors allowed her to continue working after they accused her of being impaired: "Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted," the judge wrote in the ruling. 

Poll Finds SAFE Banking Act Has Broad Support, DEA Fentanyl Scaremongering, More... (9/7/22)

Missouri's Republican governor rejects a call to include marijuana legalization in an upcoming special session, a DC court reverses the firing of a medical marijuana-using employee accused of being high on the job, and more.

"Rainbow" fentanyl--not aimed at kids, experts say. (Multnomah County Sheriff)
Marijuana Policy

Survey: Most Voters Support Federal Banking Reforms for Licensed Marijuana Retailers. The overwhelming majority of voters believe that federal law should be amended so that state-licensed marijuana businesses can readily utilize banks and other financial services, according to national survey data compiled by Morning Consult and commissioned by the Independent Community Bankers of America. Consistent with prior survey data, 65 percent of respondents “support allowing cannabis-related businesses to have access to banking services in states where cannabis is legal.” Moreover, 63 percent of voters agree that allowing cannabis-related businesses to access the banking system will help improve public safety, and 58 percent say that it is “important” that members of the U.S. Senate vote to establish a safe harbor for licensed cannabis businesses. The SAFE Banking Act (HR 1996), which would do just that, has repeatedly passed in the House only to be blocked in the Senate by Senate Majority Leader Charles Schumer (D-NY) and his allies, who are holding out for passage of a full-fledged marijuana legalization bill.

Missouri Governor Will Not Include Marijuana Legalization in Special Session. Efforts to do a legislative end run around a pending marijuana legalization constitutional amendment (Amendment 3) have come to naught after Gov. Mike Parson's office said Tuesday that he will not expand the scope of his upcoming legislative special session to consider legalizing marijuana. "The call will not be amended to include marijuana legalization," Kelli Jones, spokeswoman for Parson, said. Lawmakers hoping to blunt momentum for the measure had called on the governor to include marijuana legalization, but even though Parsons has called Amendment 3 "a disaster," he demurred.

Medical Marijuana

DC Court Reverses Firing of Government Worker Who Tested Positive for Marijuana. An administrative court in the DC Office of Employee Appeals (OEA) has reversed the firing of medical marijuana patient and city government employee who was accused of being high on the job and later tested positive for marijuana. The employee argued that the city's communications office falsely accused her of being impaired because her eyes were red and she was talking quietly. She pointed out that her eyes were red because she had spent the previous night at a hospital sitting beside a relative who had overdosed. She also presented a valid medical marijuana patient card. The court held that the communications office was negligent in how it handled the process for reasonable suspicion of impairment from drugs. The judge noted that supervisors allowed her to continue working after they accused her of being impaired: "Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted," the judge wrote in the ruling. 

Opioids and Opiates

DEA Warning that Colored Fentanyl Pills Are Aimed at Kids is Nonsense, Experts Say. On August 30, the DEA warned the public about fentanyl in colorful pills being sold by "drug cartels" to "made to look like candy to children and young  people," calling it "Rainbow fentanyl" and charging that it is "a deliberate effort by drug traffickers to drive addiction amongst kids and young adults." But drug policy experts said such statements were misleading—and used harsh terms in doing so.

The charge is "typical drug war bullshit," said Dr. Nabarun Dasgupta, a pharmaceutical scientist at the University of Carolina at Chapel Hill. DEA's framing "was so divorced from any reality of what drug markets are actually like, it was almost laughable that our country's top drug enforcement folks are so out of touch.We've been talking about colored dope for years. This is like completely nothing new."

Claire Zagorski, a licensed paramedic, program coordinator and harm reduction instructor for the PhARM Program at The University of Texas at Austin College of Pharmacy, described the DEA announcement as "old recycled drug propaganda" that echoes the perennial myth of dope-laced Halloween candy. "Why would someone give away their expensive drugs to some random person they don't know, just so they might have a bad experience? It doesn't make sense," Zagorski told Salon. "At the end of the day, drug sellers are business people, and they're not going to invest in some kind of change to their supply if they don't think there's some good return on it … Kids don't have a lot of money that their parents don't supervise or give to them. So it just doesn't make sense from a business standpoint."

PA Pot Pardon Program Unveiled, New York City Rally for Safe Injection Sites Statewide, More... (9/2/22)

New York City's child welfare agency is still holding marijuana use against parents--especially black ones--San Francisco's new DA is approaching misdemeanor drug prosecutions much like the old one she accused of being "soft on crime," and more. 

San Francisco's Tenderloin is a drug hot spot. (Creative Commons)
Marijuana Policy

New York City Child Welfare Agency Still Citing Marijuana in Family Separations Despite Legalization and Policy Changes. Marijuana legalization went into effect in New York in March 2021, but court records and interviews with people involved show that the city's child welfare agency continues to use marijuana use by parents to take their children from them. Many interviewees were parents who said "it has felt impossible to extricate themselves from deeply rooted biases in the child welfare system surrounding marijuana use, specifically toward people of color." City child welfare authorities cite parental marijuana use to justify initial separations and prolong family separations by demanding drug testing or participation in drug treatment programs. All of the parents interviewed were black and all of them said marijuana was used against them because of their race. Child welfare said official policy is not to remove children solely on the basis of parental marijuana use, but families and attorneys say the agency does not follow the policy, pointing to petitions in which the only evidence of neglect cited was parental marijuana use.

Pennsylvania Announces Month-Long Pardon Project for People with Small-Time Marijuana Convictions. Gov. Tom Wolf and Lt. Gov. John Fetterman, the Democratic nominee for US Senate in the state, who is running on a platform of marijuana legalization, announced a one-time, large-scale project to pardon people with past minor and non-violent marijuana convictions. The state Board of Pardons will accept applications for the PA Marijuana Pardon Project from Thursday, Sept. 1, through Friday, Sept. 30.  People who were convicted of simple marijuana possession or possession of marijuana for personal use are eligible for the pardons if they have no other criminal convictions. Those who do have additional convictions are invited to apply for clemency. The state estimates that "thousands" of people will qualify for the program.

Harm Reduction

New York City Harm Reductionists Take to Streets on International Overdose Awareness Day to Demand Safe Injection Sites Statewide. At least nine people were arrested outside Gov. Kathy Hochul's Manhattan office Wednesday as hundreds of people rallied to advocate for an expansion of safe injection sites statewide as they marked International Overdose Awareness Day. Two safe injection sites operate in New York City, but none in the rest of the state. Protestors changed "no more drug war" and blocked traffic, leading to the nine arrests. "It’s exhausting to keep experiencing loss after loss after loss, and to keep fighting without a proper response to this epidemic from politicians, said Alicia Singham Goodwin, drug policy campaign coordinator at VOCAL-NY, which helped organize the action. There were also actions to mark the day in Boston, New Hampshire, and California, where a coalition of more than 50 harm reduction groups rallied across the state and criticized Gov. Gain Newsom (D), who just a week ago vetoed a safe injection site pilot project bill. "Governor Newsom not only used his pen to cosign our participants to death, he did so while blaming his choice on our harm reduction infrastructure," said Soma Snakeoil, executive director of Sidewalk Project.

Law Enforcement

San Francisco's New DA Prosecuting Few Misdemeanor Drug Cases. After city voters ousted former DA Chesa Boudin for being "soft on crime," they expected a crackdown from his successor, Brooke Jenkins. But while police have brought three times as many drug cases to her office than in Boudin's time, about two-thirds of them are not being prosecuted. When it comes to misdemeanor offenses such as simple drug or paraphernalia possession, 99 percent of those cases are being dismissed, sent to another law enforcement agency, or recommended for probation or parole revocation. Jenkins spearheaded the recall effort against Boudin, but she looks to be just as "soft on crime" as Boudin was.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundationtakes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

MI Police Admit Pot Driving Drug Tests Are No Good, CA Pot Bills Go to Governor, More... (9/1/22)

Indonesia has more than 200 people on death row for drug offenses, an effort by a Nebraskas medical marijuana campaign to block part of the state's signature-gathering requirements is rejected by an appeals court, and more

Michigan State Police alerted prosecutors that their drug tests for THC instead alerted for CBD. (Creative Commons)
Marijuana Policy

California Governor Has a Pile of Marijuana Bills on His Desk. Lawmakers were busy as the legislative session came to an end Wednesday, sending another batch of marijuana-related bills to the desk of Gov. Gavin Newsom (D). Now, there are more than a dozen bills awaiting his signature. One would bar localities from banning medical marijuana deliveries, another provides employment protection for off duty marijuana-using workers, another streamlines record-sealing procedures for past marijuana offenses, another would allow the state to set up interstate cannabis commerce, another would authorize medical marijuana for pets, another would protect the rights of marijuana-using parents, another would allow for insurance coverage for marijuana businesses, another changes the state's cannabis tax policy, another would bar doctors from discriminating against registered patients for a positive THC test, another amends the state law requiring medical facilities to accommodate medical marijuana use, another would allow cannabis beverages to be packaged in clear containers, another would add advertising and labeling requirements for vape products, another would bar marijuana regulators from denying temporary event license applications solely because the licensee also has a liquor license, and, last but not least, one would require reporting on marijuana tax revenues distributed to a youth education and prevention program.

Medical Marijuana

Federal Appeals Court Rejects Attempt by Medical Marijuana Campaign to Block Nebraska Ballot Process. As medical marijuana campaigners ran into problems with signature gathering earlier this summer, they sued, arguing that the state's requirement that initiative campaigns not only reach a certain statew0ide signature threshold but also get signatures from at least 5 percent of voters in at least 38 of the state's 93 counties violated free speech and equal protection rights. Nebraskans for Medical Marijuana and the ACLU prevailed in district court in June, winning a temporary injunction suspending the 5 percent requirement. But state officials appealed, and the US 8th Circuit quickly put a hold on the judge's order pending an appeals court ruling. That ruling came Wednesday, when a split panel of the court ruled for the state. "The district court abused its discretion by granting the plaintiffs’ request for a preliminary injunction,” Judges Raymond Gruender and David Stras ruled. Judge Jane Kelly disagreed, writing that "if the right to vote is fundamental, I see no reason why it should not apply equally to the initiative process at the heart of Nebraska’s electoral and legislative system." The campaign and the ACLU said the effort would continue and that they may seek a ruling from the full 8th Circuit.

Drug Testing

Michigan State Police Say Tests for THC in Drivers Actually Showed CBD; Thousands of Cases Could Be Impacted. State police notified prosecutors late last month that drug tests designed to detect THC in the blood of drivers instead alerted to the presence of non-psychoactive CBD and that they have now halted the blood toxicology testing program. "After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense," state police said Wednesday. "Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted," state police said. "These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood-alcohol content legal threshold." March 28, 2019, is when CBD became legal in the state.

International

Indonesia Has More Than 200 People on Death Row for Drug Offenses. There are 404 death row inmates in the island archipelago, and more than half of them are there for drug offenses. It has already executed another 80 drug offenders since the beginning of the coronavirus pandemic out of 94 executions overall. Those executed include seven foreign nationals. The resort to the death penalty comes even as the country has since 2009 softened its drug laws, allowing judges to impose rehabilitation instead of prison for drug users and health authorities established guidelines for rehabilitation and treating drug use. 

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United States

CA Bill to Protect Workers' Off-Duty Marijuana Use Passes, OK Supreme Court to Decide If Legal Pot Initative Makes Ballot, More... (8/31/22)

Workers' rights to use marijuana off duty are in the news, a Missouri marijuana legalization campaign draws organized opposition from within the cannabis community, and more.

Marijuana Policy

California Bill to Protect Workers from Firing for Off-Duty Marijuana Use Heads to Governor's Desk. A bill that would provide broad employment protections for workers who use marijuana off the job, Assembly Bill 2811, has been approved by the legislature, easily winning a final concurrence vote in the Assembly late last week. The bill would "make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person" solely because of off-duty marijuana use. The bill would also bar employees from demanding that workers or potential hires undergo marijuana testing, with exceptions for federal employees and some safety-sensitive positions. The bill now heads to the desk of Gov. Gavin Newsom (D).

Missouri Marijuana Legalization Initiative Draws Organized Opposition—from Within the Cannabis Community. The marijuana legalization initiative from Legal Missouri 2022 has drawn its first organized opposition, and those foes are coming from within the Kansas City cannabis community and allied lawmakers. The critics say the initiative does not offer social equity provisions and that by legalizing marijuana through a constitutional amendment, it removes legislators from the process and prevents legislative oversight. Members of the Impactful Canna Reform Coalition include state Rep. Ashley Bland Manlove (D-Kansas City), a pair of Kansas City medical marijuana businesses, a cooking and catering business, a holistic wellness company, an herbal remedy company, and Kansas City-based community organizers. "The capitalism monster loves to exploit you, and that is what’s happening with this petition," Bland Manlove said in a statement. "Myself and like-minded community partners realized people from politicians to Bob on the street didn’t know the details. We want to make it known."

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct. The state's highest court has ruled that a casino employee who was fired after he was injured on the job and then tested positive for marijuana does not any legal recourse. Under state law, workers cannot be punished for the "lawful use" of products while not on duty, but the Supreme Court held that because marijuana remains illegal under federal law, its use is not "lawful," and the employee is therefore not protected. The case is Ceballos v. NP Palace LLC.

Oklahoma Supreme Court Agrees to Consider Whether Marijuana Legalization Initiative Should Be on November Ballot. Organizers behind the State Question 820 marijuana legalization initiative handed in sufficient signatures to meet state requirements, but the initiative still might be kept off the ballot because, for the first time, the state used a private contractor to count signatures and that contractor slow-walked the signature counting process so long that the statutory deadline to put the question on the ballot passed last week. The count, which normally takes two or three weeks, took seven weeks this time, and now, proponents have asked the state Supreme Court to intervene. On Tuesday, the Supreme Court agreed to take up the issue. If it rules against the initiative campaign, the measure would then go before voters either in a later special election called by the governor or on the November 2024 ballot.

Biden DOJ Opposes Gun Rights for MedMJ Patients, MO Legal Pot Initiative Qualifies, More... (8/10/22)

A Florida marijuana legalization initiative campaign aimed at 2024 gets underway, a Colorado natural psychedelic initiative comes up short, and more.

Marijuana testing is contributing to the truck driver shortage. (Creative Commons)
Report: Spike in Marijuana Positives Fueling Truck Driver Shortage, Supply Chain Disruptions. Amid chronic shortages of long-haul truck drivers, federal data from the Department of Transportation (DOT) shows that more than 10,000 truck drivers have been ordered off the road after testing positive for marijuana just between January 1 and April 1 of this year. That is a 33 percent increase over the same period in 2021. DOT's Federal Motor Carrier Safety Administration has also doubled the frequency of drug testing of truck drivers. Under federal law, CDL licensed drivers are not permitted to consume cannabis under any circumstances, regardless of whether marijuana use is legal where they live. Currently, more than 89,000 commercially licensed truck drivers are barred from the road because of positive drug tests; more than half of them are for people testing positive for marijuana.

Florida 2024 Marijuana Legalization Initiative Campaign Launched. A group calling itself Smart & Safe Florida filed a marijuana legalization initiative aimed at the 2024 ballot Monday. The campaign is initially being bankrolled by Trulieve, the state's largest medical marijuana provider. The measure would legalize the possession of up to an ounce by people 21 and over and allow existing medical marijuana retailers to sell to the recreational market, which would benefit Trulieve. It includes a provision that allows for -- but does not require -- the state to issue additional retail licenses. It does not include provisions for expungement, social equity, or home cultivation. The campaign will need to come up with roughly 900,000 valid voter signatures to qualify for the 2024 ballot. Previous initiative campaigns have been rejected by the state Supreme Court, but Smart & Safe Florida says its bare-bones initiative should be able to avoid or overcome legal challenges.

Missouri Marijuana Legalization Initiative Qualifies for November Ballot. A marijuana legalization initiative sponsored by Legal Missouri 2022 has qualified for the November ballot, Secretary of State Jay Ashcroft announced Tuesday. The initiative takes the form of a constitutional amendment that would remove bans on the possession, manufacturing, and sales of marijuana from the state constitution for people 21 and over. Building on an earlier medical marijuana constitutional amendment, the measure would also increase the number of retail sales licenses. It also includes a provision for the expungement of records.

Medical Marijuana

Biden DOJ Says Medical Marijuana Patients Too "Dangerous" to Own Guns. The Justice Department on Monday sought to persuade a federal court to overturn a policy blocking medical marijuana patients from buying or owning guns. The department was responding to a lawsuit filed by Florida Agriculture Commissioner Nikki Fried and several medical marijuana users that argues that the policy deprives patients of their 2nd Amendment rights. The Justice Department told the court that it would be too "dangerous to trust regular marijuana users to exercise sound judgment" around guns. The department also argued that gun rights are reserved for "law-abiding" people, noting that marijuana remains illegal under federal law. "This memorandum uses the phrase 'medical marijuana' for convenience, but Congress has found that marijuana 'has no currently accepted medical use.'"

Psychedelics

Colorado Natural Psychedelic Decriminalization Initiative Falls Short on Signatures. Campaigners for Initiative 61, "Legal Possession and Use of Entheogenic Plants and Fungi," announced Monday that the measure would not qualify for the ballot. Monday was the last day to turn in signatures, and organizers said their all-volunteer signature-gathering campaign had come up short. Another psychedelic reform measure, Initiative 58, the "Natural Medicine Health Care Act," has already qualified for the November ballot. It would decriminalize the possession of psilocybin and allow for its use in state-regulated settings.

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