Four federal legislators file a bill to strengthen the drug war in the Caribbean, a Hawaii bill to ease the way toward the therapeutic use of psilocybin and MDMA passes the Senate, and more.

Coast Guard seizes $7.5 million in cocaine in the Caribbean. (USCG)

Minnesota Marijuana Legalization Bill Wins More Committee Votes. The effort to legalize marijuana continued to bear fruit this week, with the House version of the bill, House File 100 being approved Monday by the House Human Services Policy Committee and the companion Senate bill being approved that sa me day by the Senate Transportation Committee. The actions mark the eighth approval by a House committee and the sixth by a Senate committee. With majorities in the House and Senate, as well as control of the governorship, the Democratic-Farmer-Labor Party is confident the bill will become law this year. It looks like there are only four committee votes to go before the bill heads for floor votes in the two chambers.

Opiates and Opioids

Idaho Bill Would Lower Heroin Penalties, Create Mandatory Minimums for Dealing Fentanyl. A bill before the legislature, House Bill 67, would raise quantity thresholds and reduce sentences for heroin dealing while creating a mandatory minimum sentence for fentanyl dealing. The amount of heroin required for a trafficking charge would jump from two grams to seven in the bottom tier and from 10 to 14 grams in the middle tier. Sentences for the top tier of heroin trafficking offenses would drop from 15 years to 10 and sentences for the middle tier would drop from 10 years to five. The bill would also make possession of more than seven grams of fentanyl a felony chargeable as "trafficking." Those caught with more than seven grams would face a three-year mandatory minimum, while those caught with more than 14 grams would face a five-year mandatory minimum, and those caught with more than 28 grams would face a 10-year mandatory minimum. The Idaho Chiefs of Police, Idaho Sheriffs Association and the Idaho Prosecuting Attorneys Association are all in favor of House Bill 67.

Psychedelics

Hawaii Psilocybin and MDMA Research Bill Wins Committee Vote. The Senate Health and Human Services Committee has approved Senate Bill 1531, which is aimed at promoting research into the therapeutic uses of MDMA, psilocybin, and other alternative mental health treatments. The bill would create a Beneficial Treatments Advisory Council that would review the scientific literature on using such substances for mental health treatment as well as exploring state and federal regulations on them. The council would be required to develop a "long-term strategic plan to ensure the availability of therapeutic psilocybin, psilocybin-based products, and [MDMA] that are safe, accessible, and affordable for adults twenty—one years of age or older." A companion bill in the House has yet to move.

Drug Policy

Old School Prohibitionist Bill to Fight Caribbean Drug Trafficking Filed in Congress. On Monday, three Republicans and one Democrat, Sens. Rick Scott (R-FL) and Alex Padilla (D-CA) and Reps. Jenniffer González-Colon (R-PR) and Stacey Plaskett (R-VI) introduced the Caribbean Border Counternarcotics Strategy Act , which aims "to stop the illegal trafficking of deadly drugs in the Caribbean, specifically between Puerto Rico, the US Virgin Islands and Florida." The bill would "ensure the Federal government has a strategy in place to prevent the flow of illicit drugs through the Caribbean region and into the United States by codifying in statute the requirement for ONDCP to issue a Caribbean Border Counternarcotics Strategy—just as Congress has codified the requirement for the Southwest Border and the Northern Border Counternarcotics Strategies." It would also clarify that US territories are included in the definition of "state" and "United States." 

International

Colombian Government in Peace Talks with Leftist Rebels Who Demand "Alternative Drug Policies." The government of President Gustavo Petro and the country's largest remaining rebel group met in Mexico City to restart peace talks aimed at resolving a conflict dating back to the 1960s. The communist-inspired National Liberation Army (ELN) is calling for a "temporary, nationwide cease-fire" and that any agreement should include "an alternative anti-drug policy that is no longer based on repression and war." The ELN has a presence in some 200 Colombian township, mostly in areas of widespread coca cultivation and cocaine production. Like the larger FARC, which signed a peace agreement with the state in 2016, the ELN is involved in the drug trade and has replaced the FARC in many areas. But even though it is involved in the drug traffic, the ELN is adamant that it should not be treated like a drug trafficking organization but as a political force. This is the second round of talks since Petro took office last year. The first round did not achieve much. 

A Florida marijuana legalization initiative has passed its first hurdle on the way to the ballot, a new Texas poll shows very strong support for marijuana reforms, and more.

Luke Scarmazzo. Freed after 14 years for running a California medical marijuana dispensary. (Mission Green)

Florida Marijuana Legalization Initiative Passes Initial Hurdle. A proposed constitutional amendment to legalize marijuana has passed the first hurdle on the way to the ballot. The Smart & Safe Florida initiative first challenge was to come up with 222,298 valid voter signatures to trigger a judicial and financial impact review. On Thursday, it reported that it had 294,000 valid signatures. If the measure now gets through the reviews, organizers would then have to gather an additional 891,589 valid signatures to get the issue to ballot position. And if it manages to qualify for the ballot, it will need 60 percent of the vote to be approved.

Minnesota Marijuana Legalization Bill Wins Another Committee Vote. The marijuana legalization bill, House File 100, continues to advance. On Thursday, it was approved by the House Agriculture Finance and Policy Committee, the sixth House committee to advance it. That puts the bill at the half-way point in the chamber, where another six committee votes are anticipated. Companion legislation has also been moving in the Senate, although a Senate committee hearing set for Thursday was postponed. Gov. Tim Walz (D) has called on supporters to join lawmakers and the administration in their push legalize marijuana this session.

Texas Poll Finds Supermajority for Medical Marijuana and Decriminalization, Two-Thirds for Legalization. A new YouGov/University of Houston poll has support for legalizing medical marijuana at 82 percent, support for decriminalization at 81 percent, and support for legalization at 67 percent. On medical marijuana, 93 percent of Democrats, 79 percent of independents, and even 73 percent of Republicans were in favor. Similarly, one legalization, 80 of Democrats, 66 percent of independents, and 55 percent of Republicans were on board. The Republican-dominated state legislature, however, has balked at advancing reform legislation.

Medical Marijuana

Medical Marijuana POW Luke Scarmazzo Freed After 14 Years in Federal Prison. Luke Scarmazzo, sentenced to 22 years in federal prison for operating a California medical marijuana dispensary is scheduled to walk free today after winning a case for compassionate relief in federal court in the Eastern District of California. He was most recently imprisoned at the federal prison in Yazoo City, Mississippi. Scarmazzo and business partner Ricardo Montes opened California Healthcare Collective in Modesto in 2004, operating a business legal under state law. But the DEA raided his operation in 2006, arresting the pair, and they were charged with manufacture of marijuana, possession with intent to distribute, and operating a continuing criminal enterprise, which carries a mandatory minimum of 20 years. Scarmazzo is believed to be the last California medical marijuana provider to be held in federal prison. 

New York legal recreational marijuana sales are set to begin next week, Maryland's incoming Democratic governor says expunging past pot convictions will be a priority, and more.

crack cocaine (Argv0, https://commons.wikimedia.org/w/index.php?curid=44743583)

SAFE Banking Act Plus Effort Set for Next Year. Supporters of the SAFE Banking Act (HR 1996) struck out in this Congress, but are determined to get an enhanced version of the bill passed next year. The SAFE Banking Act Plus will contain "important expungement and second amendment rights provisions," said bill sponsor Sen. Jeff Merkley (D-OR). Although the last chance to get the bill passed this year was blocked by Republican Senate leaders, Merkley said, the SAFE Banking Act Plus was a "must pass" in 2023. "We've made so much progress on forging bipartisan consensus," Merkley said, adding that he "won't rest until we get it done."

Maryland Governor-Elect Says Marijuana Expungements Will Be a Top Priority. In November, state voters approved marijuana legalization and elected a new governor, Democrat Wes Moore. The legislation goes into effect July 1, 2023 and includes provisions for the expungement of thousands of past marijuana convictions. Governor-Elect Moore is now saying getting those expungements done will be a priority of his administration.

New York Governor Announces First Recreational Marijuana Sales Will Begin Next Week. Gov. Kathy Hochul (D) announced Wednesday that the first adult use marijuana sales will begin one week from today. State regulators had pledged to get the recreational market launched before year's end, and they will just barely meet that goal.

"We set a course just nine months ago to start New York's adult-use cannabis market off on the right foot by prioritizing equity, and now, we're fulfilling that goal," Hochul said. "The industry will continue to grow from here, creating inclusive opportunity in every corner of New York State with revenues directed to our schools and revitalizing communities. The first shop to open will be run by Housing Works, a nonprofit that provides HIV/AIDS services. Thirty-five more shops have also received licenses to begin operations.

Sentencing Policy

Bill to End Federal Crack Cocaine Sentencing Disparity Left Out of Last Chance Spending Measure. A bill that would have permanently eliminated the sentencing disparity for federal crack and powder cocaine offenses, the EQUAL Act (HR 1963) is dead after it was left out of a must-pass omnibus funding bill that was approved this week. The long-lived 100:1 sentencing disparity was reduced to 18:1 by Congress in 2010, and last week, Attorney General Merrick Garland issued a memo that instructs prosecutors to effectively end the disparity by not charging mandatory minimum offenses.

Senators thought they had a deal to include the act in the omnibus bill, but Sen. Chuck Grassley (R-IA) blamed Garland's action for getting the bill scuttled. "That hard-won compromise has been jeopardized because the attorney general inappropriately took lawmaking into his own hands," Grassley said. But Garland's memo does not have the force of law and could be reversed by a future attorney general.

Kansas City, Missouri, dismisses open marijuana cases, Colombia Congress advances marijuana legalization bill, more...

Attorney General Merrick Garland (DOJ)

Tennessee Lawmaker Will File Marijuana Legalization Bill. State Sen. Heidi Campbell (D-Nashville) said last Friday she plans to cosponsor a marijuana legalization bill with Rep. Bob Freeman (D-West Nashville) in the coming session. Previous attempts at passage of such a bill have come up short, but Campbell is ready to try again: "We're filing a full legalization bill," Campbell said. "We are in the process of modifying our last bill and haven't filed it yet."

Kansas City Dismisses Hundreds of Marijuana Cases Following Statewide Legalization Vote. Municipal court workers in the Missouri city have "dismissed over 500" open marijuana cases since statewide marijuana legalization took effect on December 8. Voters statewide approved legalization in the November election. City officials depenalized pot possession in 2020 and had already dismissed over 2,400 marijuana cases. They now report no remaining open marijuana misdemeanor cases in the city.

Opiates and Opioids

Senate Passes END FENTANYL Act in Bid to Reduce Drug Smuggling. The Senate last Thursday passed SB 4460, the "Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act." This legislation would require the Commissioner of US Customs and Border Protection (CBP) to update agency policies at least once every three years, and require the Commissioner of CBP to review and update the Office of Field Operations' policies and handbooks at least once every three years. It would also require the Commissioner to report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives about the changes.

Sentencing Policy

US Attorney General Moves to End Crack/Powder Cocaine Sentencing Disparities. In a memo to federal prosecutors last Friday, Attorney General Merrick Garland instructed them to file charges that avoid mandatory minimum sentences that are triggered by small amounts of crack cocaine in small-time, nonviolent cases. For decades, crack has been treated more harshly in federal sentencing even though there is no scientific basis for it, and that has led to "unwarranted racial disparities," Garland wrote. "They are two forms of the same drug, with powder readily convertible into crack cocaine."

But Garland's move could last only as long a his tenure in office. To permanently end sentencing disparities between the two forms of the drug, Congress would have to act. The House passed such a bill last year, and there are still hopes that the Senate will pass its version of the bill, S.2156, as part of an omnibus appropriations bill before the current session ends.

International

British Columbia Drug Decriminalization to Last for Three Years. The decriminalization of the possession of up to 2.5 grams of drugs such as heroin, methamphetamine, an cocaine in the Canadian province, which was granted by the federal government as an emergency measure in the face of an overdose epidemic, has now been set to begin on January 31, 2023, and will be extended until January 31, 2026. The BC Coroners Service reports 1,827 fatal drug overdoses so far this year.

Colombia House and Senate Agree on Marijuana Legalization Bill. The Chamber of Representatives and the Senate have both voted to reconcile their differing versions of a marijuana legalization bill, clearing the way for final votes to come early in the new year. The bill must again pass both chambers because it is a constitutional amendment, and a key Senate sponsor of the bill says it should be formally enacted by June. In final negotiations, lawmakers agreed to limit marijuana consumption and marketing in public spaces and near school zones. They also agreed to have the law go into effect 12 months after final passage.