With marijuana prohibition mortally wounded and on its last legs in the United States -- only Idaho, Kansas, and Nebraska still allow no form of legal marijuana -- the next frontiers are beginning to open up. Last week, we looked at the spread of interest in the loosening of laws around psychedelics, with eight states seeing legislation this year. This week, we will turn our attention to the spread of broader efforts toward drug decriminalization.

With both psychedelic drug reform and broader drug decriminalization, voters in Oregon led the way, continuing a tradition of pioneering drug reform that began when it became the first state to decriminalize weed back in 1973 and was among the earliest to adopt medical marijuana (1998) and marijuana legalization (2014). Last November, they broke new ground again by approving Measure 109 legalizing therapeutic psilocybin use and Measure 110 decriminalizing the possession of personal use amounts of all drugs.

With Oregon leading the way, legislators in other states are now taking up the cause. As with marijuana legalization, getting bills actually passed will likely prove to be an arduous, multi-year task, but you have to start somewhere, and here's where it's starting this year (with a big tip of the hat to Marijuana Moment, which provides a list of marijuana, psychedelic, and other drug reform bills to its paying subscribers):

Kansas -- Drug Decriminalization with an Authoritarian Twist

Twenty-year-old freshman Rep. Aaron Coleman (D-Kansas City), who ran on a fairly progressive platform, has filed House Bill 2288, which would indeed decriminalize drug possession, replacing a criminal charge with a maximum $100 fine, as well as reducing penalties for drug manufacture and distribution. But the bill also mandates forced drug treatment -- "the county or district attorney shall refer such person for participation in the certified drug abuse treatment program… or another drug abuse treatment program available in the community" -- and creates a new crime of failing to comply with drug treatment. That would be a misdemeanor punishable by up to five days in jail, six months on probation, and a $250 fine. The bill was introduced February 9 and assigned to the House Committee on Corrections and Juvenile Justice, where it has sat without action ever since.

Maryland -- Decriminalization of Drug Paraphernalia

A bill that would decriminalize the possession of "drug paraphernalia to inject, ingest, inhale, or otherwise introduce into the human body a controlled dangerous substance," Senate Bill 0420, was approved by the Senate on March 4. Meanwhile, a companion measure, House Bill 0372, has passed the House, and that bill is now before the Senate Judicial Proceedings Committee.

New York -- Drug Decriminalization

State Senator Gustavo Rivera (D, WF-The Bronx) has filed Senate Bill 1284, which "[e]liminates criminal and civil penalties for possession of controlled substances; establishes the drug decriminalization task force to develop recommendations for reforming state laws, regulations and practices so that they align with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior." The bill is in the Senate Codes Committee, where it has sat unmoving since it was filed in January. The House version of the bill, Assembly Bill 6583, died on March 24, when its sponsor, Assemblywoman Linda Rosenthal (D-Manhattan), removed her support for it. Maybe next year.

Vermont -- Drug Decriminalization

House Bill 422, which currently has 14 cosponsors, would create a board with the Department of Health to set personal use and personal supply quantities and subsequently decriminalize the possession or supply of amounts under those limits. Violations would be punishable by no more than a $50 fine, which could be waived if the person agrees to a drug screening. It was introduced on March 10 and has been in the Committee on Human Services ever since.

Virginia -- Drug Decriminalization Study

A bill that would have directed "the Virginia State Crime Commission to study the propriety and effectiveness of alternative approaches to the Commonwealth's enforcement scheme for the possession of controlled substances, including decriminalization of the possession of such substances," House Bill 530, was introduced in January but killed in a House Rules Committee subcommittee in February.

Washington -- Drug Decriminalization

In February, the state Supreme Court lobbed a bomb into the criminal justice system when it ruled the state's felony drug possession law unconstitutional on the grounds that, unlike all other state criminal laws, it didn't require defendants to "knowingly" possess drugs. That inspired at least three legislative attempts to remedy the situation: Senate Bill 5471 to decriminalize unknowing drug possession; Senate Bill 5475 to make knowingly possessing drugs a crime but also create a working group to study drug possession laws; and Senate Bill 5468, which would simply refelonize drug possession. But before the court decision and all the bills it has lately inspired was a pure decriminalization measure, House Bill 1499. It's still alive, having passed the House Public Safety Committee in February, and is now before the House Appropriations Committee.

If any drug decriminalization bills in the states actually get passed and signed into law this year, that would be a pleasant surprise, but they are now beginning to pop up like they never did before. Getting things done through state legislatures is a frustrating and time-consuming process, as we see when it gets to trying to pass something as popular as marijuana legalization. With marijuana legalization, the early successes came from the initiative process, not state legislatures. Decriminalization victories may well come first from the voters, as in Oregon, not lawmakers. And that could make the prospects for next year better than this year.

There are still more than 40,000 marijuana offenders behind bars in the US, Oregon's governor names the members of the state's Psilocybin Advisory Board, Australia moves toward clinical trials of psychedelics, and more.

Marijuana Policy

More Than 40,000 Pot Prisoners in the USA. The Last Prisoner Project, which seeks to free incarcerated marijuana offenders, has been using a figure of 40,000 marijuana prisoners. That's decidedly an approximation -- the numbers readily available are 31,901 in state and federal prisons. But that doesn't include people in jails, juvenile facilities, or immigration detention centers, among others.

New Mexico Legislature Has Only Three Days to Legalize Marijuana. With the legislative session set to end on Saturday, Senate Judiciary Committee Chair Joseph Cervantes (D-Dona Ana County) said he's been told by the Senate leadership that one legalization bill, House Bill12, is undergoing changes before it's ready for committee; while another, Senate Bill 288, awaits its committee hearing. Cervantes said he will schedule a hearing as soon as committee members can analyze HB 12, and that even with a hearing as late as Friday, a bill could still pass.

Medical Marijuana

New Mexico Senate Votes to Tighten Rules on Medical Marijuana. The state Senate has approved Senate Bill 340, which would prohibit sales to out-of-state residents who do not have a medical marijuana card issued in New Mexico. But first, it rejected an amendment that would have increased the daily sales limit for medical cannabis patients from three grams to two ounces. The bill now goes to the House Judiciary Committee, but the clock is ticking -- the legislative session ends on Saturday.

Psychedelics

Oregon Governor Announces Membership of Oregon Psilocybin Advisory Board. Gov. Kate Brown (D) has named the people she wants to sit on the voter-approved Psilocybin Advisory Board, which is charged with developing rules and regulations to govern the practice of psilocybin therapeutics. Members include doctors, psychologists, harm reductionists, mycologists, and public health experts. The board's timeline includes making recommendations on regulations by June 2022 and beginning the issuance of licenses by January 2023.

International

Australian Federal Government to Fund Psychedelic Drug Trials to Treat Mental Illness. The Australian government will fund clinical trials using magic mushrooms, ecstasy and other psychedelic drugs to treat mental illness, Assistant Minister for Mental Health David Coleman said Wednesday. Although final approval must come from the Therapeutic Goods Administration (the equivalent to the US FDA), the government is allocating $15 million to get moving. "It's still at an early stage of clinical trials, but the US administration is accelerating their trials, so let's do some trials and further investigate this area because they show some promise," he said.

A Vermont drug decriminalization bill is filed, Rhose Island's governor rolls out a marijuana legalization plan, Morocco moves toward legalizing hemp and medical marijuana, and more.

Marijuana Policy

Key Congressional Chair Will Refile Federal Marijuana Legalization Bill. Rep. Jerrold Nadler (D-NY), head of the House Judiciary Committee, announced Thursday that he will reintroduce his bill to legalize marijuana this session. The bill, the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act, passed the House last year, but was not taken up in the Republican-controlled Senate. This year, the Democrats control both houses.

Rhode Island Governor Includes Marijuana Legalization Plan in Budget Proposal. Gov. Dan McKee (D) on Thursday released his budget proposal for Fiscal Year 2022, which includes a plan for legalizing marijuana. McKee is calling for 25 retailers to be licensed in each of the first three years of legalization, with five being earmarked for minority-owned businesses, including those owned by women. Legislative leaders filed their own bill to legalize marijuana earlier this week. Both lawmakers and administration officials said they plan to work together to achieve legalization.

Medical Marijuana

Mississippi Senate Revives Substitute Medical Marijuana Bill Killed by House. After the House on Wednesday killed a bill to substitute for a voter-approved medical marijuana initiative, Senate Bill 2765, the Senate moved late Wednesday night to revive it. Although SB 2765 is dead, Sen. Kevin Blackwell (R-South Haven) successfully amended another bill, House Bill 119, using the exact language in SB 2765.

Hemp

Idaho Hemp Bill Heads for Senate Floor Vote. A bill that would legalize hemp, House Bill 126, which has already passed the House, has now been unanimously approved by the Senate Agricultural Affairs Committee and is headed for a Senate floor vote. Idaho is the only state where industrial hemp production remains illegal.

Drug Policy

Idaho Bill to Make Legalizing Drugs More Difficult Passes Senate. A proposed constitutional amendment that would make it impossible to legalize marijuana or any drug through the initiative process has been approved by the Senate and now heads to the House. Under the bill, the legalization of any drug would require a two-thirds vote in both the House and Senate. This bill now needs to be approved by two-thirds of the House. If approved, it would then go before voters in 2022.

Vermont Drug Decriminalization Bill Filed. Reps. Selene Colburn (P) and Logan Nicoll (D) have filed House Bill 422, which would decriminalize the possession and dispensing of personal use amounts of all illicit drugs. Under the bill, personal use quantities would be set by a Drug Use Standards Advisory Board within the Health Department. Persons caught with personal use amounts of drugs would face a $50 fine, which could be avoided by agreeing to be screened for substance abuse disorder.

Law Enforcement

Maryland House Approves Sweeping Police Reform Bill. The House on Thursday approved an omnibus police reform bill, House Bill 670, that, among other things, would require the use of body cameras by 2025, ban chokeholds and create a duty for police to intervene in the face of misconduct, and would limit but not ban no-knock raids. The Senate has already approved a package of nine bills with many provisions similar to the House bill. The two chambers will meet to attempt to reconcile the bills and send them to Gov. Larry Hogan (R).

International

Morocco Government Approves Bill to Legalize Hemp, Medical Marijuana. The cabinet has approved a bill that would legalize non-recreational uses of marijuana, i.e. hemp and medical marijuana. The bill will now be submitted to parliament. The country is seeking to establish a regulatory framework for the entire chain of cultivation, production, processing and marketing of marijuana for medical, cosmetic and industrial uses such as textiles or paper. Morocco has long been one of the world's leading marijuana producers and currently supplies Europe with black market hashish.

Marijuana legalization bills advance in Hawaii and New Mexico, a pot prisoners' group calls on President Biden to grant clemency to federal marijuana offenders, a California bill to end mandatory minimum sentences for drug offenses advance, and more.

Marijuana Policy

Last Prisoner Project Calls on Biden to Grant Clemency to Federal Marijuana Prisoners. The Last Prisoner Project, a nonprofit organization dedicated to cannabis-related criminal justice reform, has launched 'A Time To Heal,' an advocacy campaign calling on President Biden to leverage his clemency power to commute the sentences of thousands of people unjustifiably incarcerated due to federal marijuana-related violations. The advocacy organization is also encouraging the President to issue grants to the tens of thousands more still struggling because of the collateral consequences of a federal cannabis conviction. "President Biden himself has acknowledged that 'nobody should be in jail for a nonviolent crime'. We're encouraging him to turn his words into action and use the most immediate tool at his disposal to provide this desperately-needed relief," said project director of strategic initiatives Natalie Papillion.

Arkansas Marijuana Decriminalization Bill Filed. State Sen. Clarke Tucker (D-Little Rock) on Monday filed SB499, which would make possession of up to an ounce of marijuana an infraction punishable by a $200 fine. Possession is currently a Class A misdemeanor.

Hawaii Senate Approves Expanded Decriminalization, Marijuana Legalization Bills. The state Senate approved two separate marijuana policy reform bills on Tuesday. Senate Bill 767 would legalize the possession of up to an ounce of marijuana by people 21 and over, while Senate Bill 758 would expand the amount of marijuana that is currently decriminalized from three grams to 30 grams. Both measures passed by veto-proof margins. The bills now head for consideration by the House.

New Mexico Senate Committee Approves Two Marijuana Legalization Bills. The Senate Tax, Business and Transportation Committee on Tuesday approved a Senate bill to legalize marijuana, Senate Bill 288 on a unanimous vote and also approved a House bill to legalize marijuana, HB 12, on a 7-4 vote. Two other legalization bills were shelved by sponsors as the legislature seeks consensus on a final measure. The two remaining bills now head for the Senate Judiciary Committee. Legislation must be approved there and on the Senate floor before the session ends on March 20.

New York Coalition Forms for Final Marijuana Legalization Push. Dozens of organized labor groups, progressive organizations, and businesses are set to launch on Wednesday a coalition to make a final push for the legalization of adult-use cannabis products in New York. All told, more than 40 groups are signing onto the coalition called New Yorkers for New Revenue & Jobs, highlighting what advocates contend is one of the main selling points of legalized marijuana in New York: the millions of dollars in revenue the measure would provide in the coming years for the state and local governments. The coalition includes the New York AFL-CIO, as well as the New York Cannabis Industry Association and the Long Island Progressive Coalition.

Texas Marijuana Legalization Bill Filed. Rep. Jessica Gonzalez (D-Dallas) filed a marijuana legalization bill, HB 3248, on Monday. The bill would legalize the possession of up to 2 ½ ounces and 10 ounces at home. It has not yet been assigned to a committee.

Medical Marijuana

Florida Bill to Cap THC Levels for Medical Marijuana Wins Committee Vote. The House Professions and Public Health Subcommittee voted Tuesday to advance a bill that would cap THC levels in medical marijuana at 10% and 15% for edibles. The vote to advance HB 1455 came despite testimony from doctors and patients that the measure was an assault on medicine. It still needs to be approved by the House Health and Human Services Committee and the House Health Care Appropriations Committee before going to a House floor vote.

Psychedelics

New York Bill to Decriminalize Psychedelic Mushrooms Filed. Assemblywoman Linda Rosenthal (D) filed a bill to decriminalize psychedelic mushrooms on Monday. AO6065 is similar to legislation Rosenthal filed last year that went nowhere. It would remove psilocybin and psilocin from the state's list of controlled substances. It is now before the Assembly Health Committee.

Harm Reduction

Coronavirus Relief Bill Includes Funding for Addiction Treatment, Harm Reduction. The American Rescue Plan Act, the coronavirus relief bill passed this week by Congress, includes nearly $4 billion for substance abuse disorder and mental health, including funding for harm reduction activities such as needle exchange services, the Office of National Drug Control Policy (ONDCP -- the drug czar's office) said Wednesday. In addition to $1.5 billion for block grants for prevention and treatment of substance use disorders, the act includes $30 million in community-based funding for local substance use disorder services like syringe services programs and other harm reduction interventions.

New Jersey Harm Reduction Bills Filed. Far-reaching harm reduction expansion legislation was introduced in the Senate Health Committee earlier today. The bill package, sponsored by Senator Joe Vitale and Assemblywoman Valerie Vainieri Huttle, would reduce overdose deaths, prevent infectious disease, and connect people who use drugs to non-judgmental support. It would do this by creating a statewide standing order for naloxone (brand name Narcan), the medicine that reverses an overdose (S3491); lifting the onerous municipal ordinance requirement that limits harm reduction services (S3009); decriminalizing syringes and expunging previous convictions (S3493); making HIV prophylaxis medication available at pharmacies without a prescription (S1039); and allowing harm reduction programs to offer mail-based services (S3065). Companion measures have been filed in the House.

Sentencing

California Bill to End Mandatory Minimum Drug Sentences Advances. The Senate Public Safety Committee voted unanimously Tuesday to approve SB 73, which would repeal state laws enacted in the midst of the drug war that created mandatory minimum sentences for many drug offenses. It now goes to the Senate Appropriations Committee.