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MN Final Legal Pot Votes Coming Soon, WA Lawmakers Compromise on Drug Possession Law, More... (5/16/23)

A Florida marijuana legalization initiative will get a state Supreme Court review, Washington's governor signs into law a bill protecting pot-smoking employees, and more.

Cops will still be able to arrest people for drug possession under a Washington state compromise. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Gets State Supreme Court Review. State Attorney General Ashley Moody (R) on Monday formally submitted the marijuana legalization initiative from Smart and Safe Florida for vetting by the state Supreme Court. Proposed initiatives need more than 222,000 valid voter signatures to qualify for review by the court, and the Smart and Safe Florida initiative has already wildly exceeded that number. The high court will determine issues such as whether the proposed ballot language is clear and whether it is limited to a single subject. When Moody filed the initiative for review Monday, she signaled that she would oppose it, writing that "the proposed amendment fails to meet the requirements" of part of state law. Opponents successfully used Supreme Court review to block two legalization initiatives in 2021.

Minnesota Lawmakers Finalize Adult-Use Legalization Language, Prepare to Send It to Governor's Desk. With the legislative session set to end this week, lawmakers have resolved differences between the legalization bills passed by the two chambers, Senate File 73 and  House File 100, and each chamber is now preparing for final floor votes, which could happen as early as Wednesday. Democratic Gov. Tim Walz will sign it into law once it reaches his desk. The final agreement sets possession limits at two ounces for flowers and allows for the home cultivation of up to eight plants, four or which can be mature. The measures also include the automatic review and expungement of certain marijuana-related offenses and sets up a system of taxed and regulated marijuana commerce. Retail sales will be taxed at 10 percent and onsite consumption will be allowed at permitted events.

Washington Governor Signs Bill Protecting Employees from Drug Testing for Marijuana. Gov. Jay Inslee (D) has signed into lawSenate Bill 5132 to lay out broad protections for employees who consume marijuana while imposing limitations on employment drug testing for marijuana. There are exemptions for exemptions for jobs that involve federal security clearances or background investigations, in law enforcement, the fire department, first responders, corrections officers, the airline or aerospace industries, or in safety-sensitive positions.

The law says: "It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person's use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids."

Drug Policy

Washington State Lawmakers Reach Deal to Keep Drug Possession a Crime. Faced with a July 1 deadline to replace the state's felony drug possession law, which was invalidated by the state Supreme Court in 2021, bipartisan legislative leaders announced Monday that they had reached a deal under which simple drug possession would be a gross misdemeanor punishable by up to six months in jail for the first two offenses and up to a year after that. Police and prosecutors, though, would be encouraged to divert cases for treatment and other social services, and the compromise includes millions of additional dollars to pay for that. Prosecutors would have the ability to ask courts to end pre-trial diversion if defendants fail to make substantial progress. The legislature is set to vote on the proposal today. Lawmakers earlier rejected efforts both to reinstate the felony drug possession charge and to decriminalize drug possession.

Rep. Roger Goodman (D-Kirkland) called it "a fair compromise that addresses urgent concerns about public disorder but follows evidence-based practices in helping people in need."

SAFE Banking Act Gets Senate Hearing, Iran Hangs Three Cocaine Traffickers, More... (5/11/23)

Kansas becomes the latest state to legalize fentanyl test strips, the Arizona Senate folds psilocybin research funds into a budget bill, and more.

They were talking marijuana and banking on the Hill Thursday. (Creative Commons)
Marijuana Policy

SAFE Banking Act Gets Senate Committee Hearing. The Senate Banking Committee held a hearing Thursday to discuss marijuana banking issues with a focus on the Secure and Fair Enforcement (SAFE) Banking Act (S.1323). No votes were taken at the hearing, which was announced as "Examining Cannabis Banking Challenges of Small Businesses and Workers." Testifying before the committee were bill sponsors Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT), as well as representatives of the Cannabis Regulators of Color Coalition (CRCC), United Food and Commercial Workers International Union (UFCW), Dama Financial and Smart Approaches To Marijuana (SAM).

"The cannabis landscape looks far different than it did a few short years ago," Banking Committee Chairman Sherrod Brown (D-OH) said in opening remarks. "Cannabis has been legalized or decriminalized in almost every state. States and localities have established licensing and social equity programs to ensure that small businesses and communities impacted by the War on Drugs are part of the growing legal cannabis industry."

Harm Reduction

Kansas Governor Signs Fentanyl Test Strip Legalization Bill into Law. Gov. Laura Kelly (D) on Thursday signed into law Senate Bill 174, which legalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Last year, a similar bill passed in the House only to stall in the Senate.

"Overdoses caused by fentanyl have devastated communities across Kansas and the nation," Gov. Kelly said. "By decriminalizing fentanyl test strips, we are providing the resources needed to combat the opioid and fentanyl epidemic so that families and loved ones no longer have to feel the pain of a preventable death."

The bill also increases criminal penalties for those who manufacture or distribute fentanyl.

Psychedelics

Arizona Senate Approves Psilocybin Research Grants as Part of Budget. The Senate on Wednesday approved an appropriations bill that includes $5 million in funding for psilocybin research. A standalone bill introduced earlier this year would have also funded psilocybin research at a higher level, but Gov. Katie Hobbs (D) and top lawmakers agreed to slide the provision into the budget bill. Another budget measure that passed the Senate Wednesday contains detailed requirements for the clinical trials funded by those dollars. The House has already given initial approval to a companion version of the legislation, with a final vote coming soon.

International

Iran Hangs Three Cocaine Traffickers as UN Warns of Rising Number of Executions. Iranian state media reported that three men who were members of the "largest cocaine distribution cartel" were hung for cocaine trafficking on Wednesday. Their names are Hossein Panjak, Abdolhossein Emami Moghadam, and Babak Aghaei. They had been arrested in a 2014 raid in which 2.2 pounds of cocaine, methamphetamine, and opium were seized.

A day earlier, UN human rights chief Volker Turk criticized Iran's "abominable" record of executions this year, saying that it had hanged an average of 10 people a week so far this year. If the current rate of executions continues through the year, it would reach the highest number since 2015 when 972 people were hung. Back then, a large number of executions were for drug offenses, but Iran changed its drug laws in 2018, radically reducing the number of drug executions. It is not clear how many of this year's executions were for drug offenses, but the regime has been executing political opponents amid months of sustained civic unrest.

Biden Commutes 31 Drug Sentences, MN Senate Approves Legal MJ, More... (5/1/23)

Three Colorado Senate Democrats joined with Republicans to kill a safe injection site bill, a Texas bill to impose harsher penalties on fentanyl dealers has passed both chambers, and more.

The president wields his pardon power. (whitehouse.gov)
Marijuana Policy

Minnesota Senate Approves Marijuana Legalization Bill. The Senate last Friday narrowly approved its version of a marijuana legalization bill, Senate File 73. The vote was 34-33, with all Republicans voting against the bill. The House passed a slightly different version of the bill earlier last week. Now, the two chambers will attempt to negotiate their way to a merged bill they can send to DFL Gov. Tim Walz, who has strongly signaled he will sign it.

Harm Reduction

Colorado Safe Injection Site Bill Blocked. A bill that would have allowed municipalities to approve safe injection sites in their communities, House Bill 1202, has failed in the Senate after being approved in the House. The Democrat-sponsored bill easily passed the House 43-21, but was killed in the Senate Health and Human Services Committee last Wednesday on a 6-3 vote. Three of those "no" votes came from Democrats on the committee who raised concerns about "enabling" drug use and the lack of statewide rules and regulations in the bill.

"In spite of today's vote, overdose prevention centers remain the public health gold standard for addressing the crisis of overdose deaths faced by too many Colorado families," said the Colorado Drug Policy Coalition. "We are proud of the leadership from our many members in the House and our sponsors in the Senate who were able to put good policy backed by decades of research ahead of the politics of inaction."

Pardons and Commutations

Biden Commutes Drug Sentences for 31 People. The White House announced last Friday that President Biden has commuted the sentences of 31 people convicted of federal drug offenses. All 31 were serving time in home confinement and would have received shorter sentences if they were charged today with the same offense because the laws have been changed since they were sentenced.

The commutations come as the White House laid out a set of policy actions involving 20 different federal agencies aimed at improving the criminal justice system, which has disproportionate impacts on Blacks and other minority communities. Biden has commuted the sentences of 75 other people so far. He also pardoned thousands who were convicted of simple possession of marijuana under federal law, and others who have long since served out their sentences.

Sentencing Policy

Texas House Approves Bill to Increase Penalties for Dealing Fentanyl. The House last Friday overwhelmingly approved a bill to increase criminal penalties for people who distribute fentanyl, House Bill 6. The bill would do so by classifying fentanyl overdoses as "poisonings," which would trigger murder charges for people accused of providing a fatal dose of fentanyl. The bill also includes mandatory minimum 10- or 15-year sentences for distribution of more than 200 grams or 400 grams, respectively, with a maximum sentence of life in prison.

The House vote came after lawmakers ignored a small group of demonstrators in the gallery chanting "no more drug war." A companion bill has already passed the Senate, so lawmakers will now go to a conference committee to hammer out differences before it goes to the desk of Gov. Greg Abbott (R), who supports it. Meanwhile, a bill to decriminalize fentanyl test strips is stuck in committee in the Senate.

PA Bill to Criminalize Safe Injection Sites Advances, Federal Smart Sentencing Bills Filed, More... (4/27/23)

The Texas House gives preliminary approval to a marijuana decriminalization bill, Senate Republicans block a veterans' medical marijuana bill, and more.

The Insite safe injection site in Vancouver. Pennsylvania GOPers want to criminallize such facilities. (vch.ca)
Marijuana Policy

California Bill to Crack Down on Illegal Marijuana Grows Advances. The Senate Public Safety Committee voted unanimously Wednesday to approve Senate Bill 820, which would authorize law enforcement to seize cultivation and manufacturing equipment from unpermitted marijuana operations. The bill from Sen. Marie Alvarado-Gil would not only allow for asset forfeiture; it would also invest the proceeds in the Cannabis Control Fund to support equity programs.

"It is critical to ensure that the limited resources used to enforce against unlicensed cannabis operations be impactful, and removing the equipment they use is a big step towards that goal," said Alvarado-Gil. "We must support those cannabis manufacturers who operate in a lawful manner and adhere to producing a safe consumable product." The bill comes as the state's legal marijuana industry struggles to compete with the illicit market.

Texas House Gives Initial Approval to Marijuana Decriminalization Bill. The House on Wednesday gave initial approval to a marijuana decriminalization bill, House Bill 218. The bill now heads for a second, final vote in that chamber. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor, removing the risk of jail time and instead imposing a maximum fine of $500. It also specifies that possession of up to two ounces of marijuana would not result in arrest and that people with simple marijuana convictions could seek to have their convictions expunged after paying a small fee.

Medical Marijuana

Senate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans'' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42.

Republicans cited several reasons for the "no" vote, including that passage of the bill could be seen as a win for Sen. Jon Tester (D-MT), chair of the Veterans Affairs Committee, who is up for reelection next year in red state Montana. Sen. John Cornyn (R-TX), ranking minority member on the committee, said negotiations on the bill will continue and described Wednesday's vote as "hitting the pause button."

Psychedelics

Minnesota House Passes Omnibus Health Bill That Includes Creation of Psychedelic Task Force. After an omnibus health passed the Senate earlier this session, it was amended in the House to include a provision creating a task force to prepare the state for the possible legalization of psychedelic substances. Now, the House has also approved that omnibus health bill with the psychedelic task force provision intact. Since it was amended in the House, the bill will now go to conference committee, where members will attempt to reconcile differences between the House and Senate versions of the bill.

Harm Reduction

Pennsylvania Bill to Criminalize Safe Injection Sites Advances. A bill that would make it a felony punishable by up to 20 years in prison for people operating safe injection sites, Senate Bill 165, is advancing in the Republican-controlled legislature. The bill would make it a crime for any clinic or other establishment to allow people to "inject, ingest, inhale or otherwise introduce into the person's body a controlled substance" and also includes a $500,000 fine for individuals and $2 million for establishments.

The bill advanced out of the Senate Judiciary Committee on Tuesday and is now before the Senate Appropriations Committee. The ACLU of Pennsylvania notes that the criminal penalties in the bill "EXCEED the statutory maximum penalties for a first-degree felony. In other words, the penalty for providing a space that can save people from deadly overdoses is more severe than the punishment for murder."

Sentencing Policy

Federal Smart Sentencing Adjustments Act Filed. Sen. Cory Booker (D-NJ) and Rep. Tony Cárdenas (D-CA) have introduced the Smart Sentencing Adjustments Act in the Senate and House. The bill would provide federal funding as an incentive to state governments to reduce incarceration while reducing crime. State prisons hold 87% of the nation's prison population. The Smart Sentencing Adjustments Act would provide funding for states to identify and address the sources of unnecessary incarceration in their systems, while investing in ways to lower crime and keep people safe.

The act would create a $2 billion grant program to reward states that shrink their prison populations by 20% over three years. It would offer participating states a wide variety of policies and programs for supporting people who have been in prison so they don't return, making communities safer, providing alternatives to incarceration, and more. For the length of the funding period, the bill would prohibit participating states from enacting excessively punitive sentencing legislation, such as mandatory minimums, truth-in-sentencing laws, and habitual offender laws.

Singapore Hangs Man for Two Pounds of Weed, CO Senate Passes Psychedelic Regulation Bill, More... (4/26/23)

A bipartisan bill addressing xylazine gets filed, Texas Republican senators block a fentanyl test strip bill, and more.

Fentanyl test strips. Texas GOP senators are blocking a bill to decriminalize them. (Creative Commons)
Psychedelics

Colorado Senate Advances Psychedelic Regulation Bill Without Local Ban Authority. The Senate on Tuesday approved Senate Bill 23-290, which amends the regulatory framework created by the voter-approved Natural Medicine Act. The bill creates regulations for unlicensed psychedelic facilitators, restrictions on home mushroom and natural medicine cultivation, and criminal penalties for the unlicensed sale of those substances. Under the bill, the Department of Revenue, which already oversees the state's liquor, marijuana, and gambling industries, would regulate licensed psychedelic manufacturing, distribution, and other business activities. The bill does not include language allowing local governments to ban psychedelic businesses. The bill now goes to the House, where it first heads to the House Finance Committee.

Drug Policy

Senators Cruz and Welch File Bill Targeting Xylazine. Senators Ted Cruz (R-TX) and Peter Welch (D-VT) on Wednesday filed the Testing, Rapid Analysis, and Narcotic Quality (TRANQ) Research Act to address the rapid rise of the veterinary tranquilizer as a drug used in conjunction with street narcotics. The Office of National Drug Control Strategy (ONDCP -- the drug czar's office) designated xylazine mixed with fentanyl as an "emerging threat" earlier this month.

While xylazine has some opioid-like properties, it is not an opioid and is not responsive to opioid overdose reversal drugs. It is also linked to physical ailments such as necrosis, which can result in the loss of limbs.

The TRANQ Research Act "directs the National Institute of Standards and Technology (NIST) to take steps to enhance understanding of tranq and other novel synthetic drugs, develop new tests for detection, and establish partnerships with front-line entities that are often the first points of contact with new street drugs." It does not contain any criminal provisions. Companion legislation has also been filed in the House.

Harm Reduction

Texas Fentanyl Test Strip Decriminalization Bill Stalled in Senate. Even as the state faces a fentanyl overdose crisis, Senate Republicans are blocking action on a bill to decriminalize fentanyl test strips, House Bill 362, that has already passed the House. Senate Criminal Justice Committee Chairman Sen. John Whitmire (D-Houston) said Republican members of the committee fear that the move will encourage drug use. "It's just illogical, but there's a belief by some members that it might safeguard the use," he said Tuesday. Gov. Greg Abbott (R) supports the legislation, and the legislative session still has a few more weeks left, so supporters continue to hope it can still pass this year.

International

Singapore Ignores International Appeals, Executes Man for Two Pounds of Marijuana. Singapore hung Tangaraju Suppiah, 46, on Wednesday after he was convicted of conspiring to traffic two pounds of marijuana. The execution came despite an international campaign to spare his life, including an appeal from the UN Human Rights Commission and another from Global Drug Policy Commission member Richard Branson. While many other countries, including some of Singapore's neighbors are moving towards a more lenient approach to drugs and rejecting the death penalty, Singapore remains unmoved. "Tangaraju was accorded full due process under the law and had access to legal counsel throughout the process," the Central Narcotics Bureau said, adding without a hint of irony that the death penalty is "part of Singapore's comprehensive harm prevention strategy."

MN House Votes to Legalize Cannabis, with Singapore Set to Hang Man for Two Pounds of It, More... (4/25/23)

Another year of no marijuana legalization for Louisiana, the European Union sanctions Syrian officials and entities for trafficking in a Middle Eastern amphetamine, and more.

The Middle Eastern amphetamine Captagon. The EU sanctions Syrian officials for their role in the trade. (narcanon.us)
Marijuana Policy

Louisiana Marijuana Legalization Bill Killed in Committee. A bill that would have legalized marijuana, House Bill24, is dead after failing to win support in the House Criminal Justice Committee Tuesday. The measure garnered only three "yes" votes in the committee. Bill sponsor Rep. Candace Newell (D-New Orleans) has introduced the bill for the last several sessions and has vowed to continue filing it until it passes.

Minnesota House Votes to Legalize Marijuana; Senate Vote Coming Friday. The House on Tuesday gave final approval to a marijuana legalization bill, House File 100, on a vote of 71-59. The Senate is set to vote on its version of the bill on Friday. There are some differences between the two bills which will have to be ironed out in conference committee if and when the Senate bill also passes.

Drug Testing

Missouri Measure to Outlaw "Drug Masking Products" Gets Senate Committee Hearing. A measure that has already cleared the House as part of a larger crime bill, House Bill 1108, would make it harder to cheat on drug tests by criminalizing the distribution and sale of synthetic urine or any other "drug masking product." The bill would make the offense a Class A misdemeanor with a maximum one year in jail and $2,000 fine. The bill get a hearing Monday in the Senate Judiciary and Civil and Criminal Jurisprudence Committee, where it heard testimony from a lobbyist for Quest Diagnostics, the largest drug testing company in the country. No vote was taken.

International

UN Asks Singapore to Halt Execution of Man for Two Pounds of Marijuana. The United Nations Human Rights Office called Tuesday for Singapore to "urgently reconsider" the looming Wednesday execution of a man convicted of abetting a conspiracy to distribute two pounds of marijuana. Tangaraju Suppiah, 46, was convicted in 2017 and sentenced to death in 2018. Under Singapore law, crimes involving more than one pound of marijuana merit the death penalty.

"The death penalty is still being used in a small number of countries, largely because of the myth that it deters crime," the UN Human Rights Office said. "We have concerns around due process and respect for fair trial guarantees. The UN Human Rights Office calls on the authorities not to proceed with his execution," it added.

British billionaire Richard Branson, who sits on the Global Commission on Drug Policy, has also called on Singapore to halt the execution, prompting the Singapore Home Affairs Ministry to push back, saying Branson showed "disrespect for Singapore's judges and our criminal justice system with such allegations." Singapore resumed executions in March 2022 after a hiatus of more than two years. If Tangaraju is hanged, it would be the country's first execution in six months. Eleven executions were carried out last year, all for drug offenses.

Council of Europe Sanctions Syrian Officials, Companies over Captagon Trafficking. The Council of Europe, the executive organ of the European Union, has issued sanctions against 25 individuals and eight entities for their role in the production and trafficking of illicit drugs, notably Captagon, an amphetamine popular in the Middle East and North Africa.

"The trade in amphetamine has become a regime-led business model, enriching the inner circle of the regime and providing it with revenue that contributes to its ability to maintain its policies of repression against the civilian population," the Council said. "For this reason the Council designated various members of the Assad family - including multiple cousins of Bashar al-Assad, leaders and members of regime-affiliated militias and businesspeople with close ties to the Assad family, as well as persons associated with the Syrian army and the Syrian military intelligence."

Sanctions on Syria were first introduced in 2011 in response to the violent repression of the civilian population by the Assad regime. EU sanctions in place regarding Syria target the Assad regime and its supporters, as well as sectors of the economy from which the regime was making profit.

WA Drug Sentencing Fix Fails, SC 4/20 Pot Pardon Bill Filed, More... (4/24/23)

Dispensaries are finally coming to Georgia (though product choice is limited), a trio of 4/20 week polls show continuing strong support for marijuana legalization, and more.

Washington state lawmakers can't agree on how to replace the state's drug felony law. (Pixabay)
Marijuana Policy

Three New Polls Show Continuing Strong Support for Marijuana Legalization. Polls from CBS News, YouGov, and Civic Science released during 4/20 week all show continuing strong support for marijuana legalization. CBS News had 64 percent of respondents wanting marijuana legalized in their states, including 73 percent of Democrats, 66 percent of independents, and even 53 percent of Republicans. YouGov had support for legalization in the respondents' state at 58 percent, while Civic Science had 64 percent supporting legalization.

South Carolina Bill Would Pardon One-Fifth of Marijuana Possession Inmates Each Year. Introduced on informal marijuana holiday 4/20, a bill from Rep. JA Moore (D-Berkeley, Charleston), House Bill 4358, would pardon one fifth of people convicted of simple marijuana possession each year on 4/20. Under state law, simple possession is possessing less than an ounce and typically involves a jail sentence of no more than 30 days, but a second offense can garner up to six months. "We need to make sure that people that are doing petty crimes, like simple possession of marijuana, aren't filling up our justice system; we need to save those spaces for violent criminals or people that are victimizing our community," Moore says. The state has the second-highest marijuana possession arrest rate in the country, and Black people are 3.5 times more likely to be arrested for it.

Medical Marijuana

Georgia Medical Marijuana Dispensaries Finally Coming, Maybe Next Month. Nearly eight years after the state first approved a medical marijuana program, dispensaries are finally set to open their doors within weeks, as early as late May. But the state's 26,000 registered patients will be limited in their purchases to "low THC oil" with less than 5 milligrams of THC. Buds, edibles, and vaping cartridges are banned under the state's limited program. The state issued production licenses to two firms last September, but legislators and regulators have been slow to pass laws to implement the program. Under rules approved in January, the state will eventually license up to six companies to make and sell the oil.

Sentencing

Washington Drug Sentencing Deal Fix Falls Apart. After the state Supreme Court threw out the state's felony drug possession law, legislators had until July to come up with a replacement. They thought they had one in Senate Bill 5536, which would have made simple drug possession a gross misdemeanor, but the bill unexpectedly failed in the House Saturday night as several Democrats joined 40 Republicans in voting no. The dissident Democrats felt that the bill was too harsh, while the Republicans thought it was too soft. Now, with no chance of passing the bill before the regular legislative session ends, pressure is mounting on Gov. Jay Inslee (D) to call a special session to clean up the mess. Without legislative action, the state would no longer have a uniform policy on drug possession, leaving localities to set their own laws.

MN Legalization Pot Bill Set for House Floor Vote, Federal Criminal Justice Reform Bills Filed, More... (4/21/23)

There will be no marijuana law reform in Alabama this year, senior senators introduce a package of criminal justice reform bills, and more.

Colombian President Gustavo Petro was at the White House Thursday to discuss drug policy, among other topics. (Creative Commons)
Marijuana Policy

Alabama Legislative Leaders Dismiss Any Action on Marijuana Legalization. Even as the Alabama Cannabis Coalition demonstrated outside the capitol on Thursday to call for marijuana law reform, Republican House and Senate leaders made clear that reform bills filed this year are going nowhere. "I have zero interest in that legislation coming up," Sen. President Pro Tem Greg Reed said, adding "I don't see any appetite for the legislature being able to modify or change expanding anything associated with marijuana in this session." House Speaker Nathaniel Ledbetter also said those bills won't come up in the House. Indeed, they have not even been scheduled for committee.

Minnesota Marijuana Legalization Bill Gets House Floor Vote Monday. After a final committee vote in the House Ways and Means Committee this week, the House version of the state's marijuana legalization bill, House File 100, is set for a House floor vote Monday. The Senate version of the bill is also nearing the finish line, with just one more committee vote remaining before it, too, heads for a floor vote. The bills are expected to pass in both chambers and then be signed into law by Gov. Tim Walz, who also supports legalization.

Criminal Justice

Durbin, Grassley Reintroduce Criminal Justice Reform Bills. Senate Majority Whip Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), the lead sponsors of the landmark First Step Act (FSA), reintroduced three pieces of criminal justice reform legislation today to further implement the FSA and advance its goals. The First Step Act, which was signed into law in 2018, is bipartisan criminal justice reform legislation designed to make our justice system fairer and our communities safer by reforming sentencing laws and providing opportunities for those who are incarcerated to prepare to reenter society successfully. On Thursday, Durbin and Grassley reintroduced the First Step Implementation Act, the Safer Detention Act, and the Terry Technical Correction Act.

The first bill allows courts to apply the FSA sentencing reform provisions to reduce sentences imposed prior to the enactment of the FSA and broadens the safety valve provision to allow courts to sentence below a mandatory minimum for nonviolent controlled substance offenses, if the court finds the defendant's criminal history over-represents the seriousness of the defendant's criminal record and the likelihood of recidivism. The second bill would reform the Elderly Home Detention Pilot Program and compassionate release by clarifying that good conduct credits should be included in the calculation of time served and expanding eligibility to include nonviolent offenders who have served at least 50 percent of their terms of imprisonment. The third bill clarifies that all offenders who were sentenced for a crack cocaine offense before the Fair Sentencing Act of 2010 can apply for its retroactive application under Section 404 of the First Step Act, including individuals convicted of the lowest level crack offenses.

Foreign Policy

US and Colombian Presidents Issue Statement After White House Meeting. President Joseph R. Biden, Jr. of the United States and President Gustavo Petro Urrego of the Republic of Colombia met Thursday to advance bilateral cooperation on issues of mutual interest, including climate change, clean energy transition, migration, drug trafficking, and peace. President Biden reiterated his support for President Petro's peace efforts, and for rural and agricultural development in Colombia, as essential to effectively advance the implementation of the 2016 Peace Agreement in its international accompaniment of the accord's Ethnic Chapter.

On drugs, Biden and Petro committed to a holistic approach to address the harmful impacts of drug use and drug trafficking on both our peoples' health, safety, the environment, the economy, rule of law, and the strength and transparency of democratic institutions. They vowed to redouble efforts in terms of demand reduction through science-based prevention, harm reduction, treatment, and recovery support. They did not address Petro's oft-stated critique of US prohibitionist drug policy.

DEA Head Under Investigation Over No-Bid Contracts, CA Fentanyl Sentencing Ballot Measure, More... (4/19/23)

A federal veterans' medical marijuana bill gets refiled, an Oklahoma fentanyl test strip bill advances, and more.

Medical Marijuana

Bipartisan Bill to Legalize Medical Marijuana for Military Veterans Refiled. Rep. Barbara Lee (D-CA) and 12 bipartisan cosponsors refiled the Veterans Medical Marijuana Safe Harbor Act Wednesday. The bill would legalize medical marijuana for military veterans. The bill would amend federal law to allow vets to legally possess and use medical marijuana in accordance with state laws and with a doctor's recommendation. It would also allow doctors at the Department of Veterans Affairs to recommend medical marijuana. Earlier versions of the bill were filed in the last three Congresses.

Harm Reduction

Oklahoma Bill to Legalize Fentanyl Test Strips Heads for Senate Floor Vote. A bill to legalize fentanyl testing strips by declaring that they are no longer considered drug paraphernalia, House Bill 1987, has passed the Senate Health and Human Services Committee on a unanimous vote and is now headed for a Senate floor vote. The bill has already been approved by the House by a vote of 58-22.

Law Enforcement

DEA Head Investigated for No-Bid Contracts to Past Associates. In the latest scandal to rock the DEA, the Justice Department's Office of the Inspector General is investigating whether DEA Administrator Anne Milgram improperly awarded no-bid contracts worth millions of dollars to past associates. Under scrutiny is $4.7 million the agency spent for "strategic planning and communication," much of which went to people Milgram knew in her capacity as New Jersey's attorney general and as a New York University law professor and who were paid at far higher rates than government officials.

Also under scrutiny is a $1.4 million contract given to a Washington, DC, law firm to review the DEA's scandal-plagued foreign operations. That review was widely panned for downplaying agent misbehavior. It was written by Boyd Johnson, a former assistant to former New York City US Attorney Preet Bharara, one of Milgram's closest friends.

Federal contracting is not supposed to bypass the government hiring process and is supposed to take place without preferential treatment for anyone. If the Inspector General finds wrongdoing, it could lead to administrative or even criminal charges.

Sentencing Policy

Push for California Ballot Initiative to Increase Penalties for Fentanyl Dealers Gets Underway. An Orange County group calling itself Fentanyl Solution has $2.2 million in initial funding and plan to draft a ballot initiative that would increase sentences for people convicted of fentanyl distribution. The groups says it will begin with a public opinion poll on the issue to help figure out the best way to draft the proposed initiative.

"We want to let the legislators, who voted against every form of penalty for these drug dealers, know that we are holding them accountable," said Janice M. Celeste, President & CEO of Fentanyl Solution.org. "We believe that drug dealers who sell fentanyl and murder their customers must pay the price for their actions. The Poll-to-Prop initiative is a crucial step in our efforts to raise awareness about the need for stricter penalties for these criminals."

It's a long way from here to an initiative qualifying for the 2024 ballot. Once an initiative is approved by state officials, backers will have 180 days to come up with more than half a million valid voter signatures, but that must happen by July 2024 to get on the November 2024 ballot.

Trump Tries to Blame Pot for Mass Shootings, AR Governor Signs Dealer Murder Bill, More... (4/17/23)

Canada's Supreme Court upholds a Quebec ban on home marijuana cultivation, the Illinois Senate approves bills deepening marijuana legalization, and more.

Arkansas Gov. Sarah Huckabee Sanders (R) signs a bill creating lengthy mandatory minimums around fentanyl. (ar.gov)
Marijuana Policy

Candidate Trump Suggests "Genetically Engineered" Marijuana May Be Linked to Mass Shootings. During a campaign speech before America's most powerful gun lobby, the National Rifle Association (NRA), former President Donald Trump suggested that "genetically engineered" marijuana could be behind some mass shootings. But marijuana is just one of the blame agents Trump pointed to instead of addressing the proliferation of weapons in the country. "We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks" that lead to gun violence, he said. He would direct the Food and Drug Administration (FDA) to investigate, he added. He also pointed a finger at "transgender hormone treatments and ideology," Above all, he argued, don't blame the guns: "This is not a gun problem. This is a mental health problem," he said. "This is a social problem. This is a cultural problem. This is a spiritual problem."

Illinois Senate Approves Marijuana Search, Probation Bills. The Senate has passed a pair of bills aimed at deepening marijuana legalization in the state. Senate Bill 125 would bar police from searching a vehicle based solely on the odor of marijuana, while Senate Bill 1886 would allow some people on probation to consume marijuana and alcohol. Both bills now await action in the House.

South Dakota Poll Suggests Marijuana Legalization Could Win in 2024. A South Dakota State University poll released Monday had support for marijuana legalization at 49 percent, with 41 percent opposed. State voters approved a marijuana legalization initiative in the 2020 election by a margin of 54-45 only to have the measure overturned by the state Supreme Court. Legalization was on the ballot again last year, only to be defeated 53-47. The pollsters noted that 2022 turnout was much lower than 2020 and that a higher turnout in 2024 could lead to another marijuana legalization victory.

Psychedelics

Nevada Senate Committee Approves Bill to Create Psychedelic Working Group. The Senate has approved Senate Bill 242, which would create a working group to study psychedelics and create a plan to allow for access for therapeutic purposes. The bill originally would have legalized psilocybin and promoted research on it, as well as MDMA, but was significantly narrowed in the Senate Health and Human Services Committee. Now, instead of legalization, the bill would create a Psychedelic Medicines Working Group to examine the use of the substances "in medicinal, therapeutic, and improved wellness." The bill now awaits a Senate floor vote.

Sentencing Policy

Arkansas Governor Signs Bill Allowing for Drug Sellers to Be Charged with Murder in Cases of Overdose Death. Gov. Sarah Huckabee Sanders (R) has signed into law House Bill 1456, popularly known as the "Death by Delivery" bill. Under the bill, people who sell a drug that leads to an overdose death face a mandatory minimum sentence of 25 years and a maximum sentence of life in prison. The same sentence applies to those who package fentanyl in a way that "entices" minors or who sell to minors, regardless of whether a fatal overdose takes place.

Harm Reduction

Vermont Senate Committee Amends Overdose Prevention Bill to Include Drug-Checking Sites. The Senate Health Committee has amended an overdose prevention bill, House Bill 222, to include a statewide network of drug-checking sites where street drugs can be tested for deadly concentrations of illicit drugs. Approved by the committee last Friday, the amendment would grant immunity from arrest and prosecution for people running the sites and collecting samples, as well as the drug users who bring their stashes to be tested. If the bill now passes the Senate, it will have to go back to the House for a concurrence vote on the new language.

International

Canada Supreme Court Rules Quebec Ban on Home Marijuana Cultivation Can Stand. Under federal marijuana law, people can grow up to four plants at home, but the province of Quebec barred home grows in 2019. Now, after a Quebecer challenged the ban, the Canadian Supreme Court has ruled that the provincial ban is constitutional. "The Quebec legislature saw the possession and personal cultivation of cannabis not as a social evil to be suppressed, but rather as a practice that should be prohibited in order to steer consumers to a controlled source of supply," the court held. That controlled source of supply is held by the state -- in this case, the Société québécoise du cannabis (SQDC), the government agency that operates cannabis stores in the province.

The court also held that even though the federal law permits growing up to four plants at home, there is no "positive right to self-cultivation," writing that: "It is true that, in everyday language and even in the speeches of some parliamentarians, the creation of exceptions or exemptions under a scheme of criminal offences is often described as a 'legalization effort,'" the ruling reads. However, this way of speaking is incorrect and falsely suggests that positive rights authorizing particular conduct have been granted to the public."

Taiwan Reaffirms Strong Opposition to Marijuana Legalization. Responding to street demonstrations calling for marijuana decriminalization, the Taiwanese Ministry of Justice on Saturday reaffirmed the government's strong opposition to marijuana legalization. The reformers, organized as Wave Green, rallied in front of the presidential office in Taipei Saturday, urging the Justice Ministry to "stop the war against cannabis." But the ministry said prohibition would remain and is aimed at keeping people healthy and keeping society safe and stable. It asserted that long term marijuana use damages people's health and causes other harm to them. Under current law, marijuana use is punishable by up to three years in prison, while growers and sellers face up to life in prison and a $491,000 fine.

(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 Foundation takes 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.)

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