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CA Safe Injection Site Bill Advances, NC MedMJ Bill Advances, More... (6/2/22)

There will be no psychedelic legalization initiative in Michigan this year, Massachusetts agrees to pay millions to thousands of people convicted of drug offenses based on chemical analyses by disgraced state crime lab chemists, and more.

The Insite safe injection site in Vancouver. Could something similar be coming to California? (vch.ca)
Medical Marijuana

North Carolina Medical Marijuana Bill Advances to Senate Floor Vote. The Compassionate Use Act, Senate Bill 711, was unanimously approved by the Senate Rules Committee Wednesday, clearing the way for a final Senate floor vote, which could happen as soon as today. If and when the bill passes the Senate, it then goes to the House, and if approved by the House, it would go to the desk of Gov. Roy Cooper (D), who has said he supports medical marijuana. The bill would create a commission to issue 10 medical marijuana supplier licenses, with each supplier able to operate eight retail shops. Patients would be limited to a 30-day supply of medical marijuana.

Psychedelics

Michigan Activists Come Up Short on Psychedelic Legalization Initiative, Now Aim at 2024. Activists with Decriminalize Nature and Students for Sensible Drug Policy who have been engaged in signature-gathering to put a psychedelic legalization initiative on the November ballot announced Wednesday that they have come up short for this year and are now aiming at 2024. They had until June 1 to come up with 340,047 valid voter signatures, but only had two months to do so after getting a later start. The normal signature-gathering period is 180 days. Activists declined to say how many signatures they had gathered, but said signatures already gathered would still be valid for the 2024 push as long as they are handed in during this election cycle.

Criminal Justice

Massachusetts Agrees to Repay Thousands of Defendants Convicted on Evidence Analyzed by Disgraced State Crime Lab Chemists. The state has agreed to repay millions of dollars in fees and fines paid by some 30,000 defendants whose drug convictions were overturned because they relied on testing done by disgraced state crime lab chemists Annie Dookhan and Sonja Farak. Both women served state prison time for falsifying lab results. The settlement is expected to cost the state about $14 million. Each wrongfully convicted defendant will receive hundreds of dollars -- and potentially more. The state has agreed to refund 10 types of fees and fines, including probation supervision fees, victim witness fees, court costs, DNA test fees, drug analysis fees, and driver's license reinstatement fees, among others. The settlement must still be approved by a judge.

Drug Treatment

California Coerced Treatment Bill Fails. A bill that would have authorized a three-county pilot program that imposed coerced drug treatment for people with drug-motivated felony crimes, Assembly Bill 1928, failed to get a House floor vote by last week's legislative deadline and is now dead for the session. Bill proponents argued that it would allow people to get treatment in a secure facility instead of just being warehoused in prison. The bill passed the Assembly Health Committee in March but then stalled.

Harm Reduction

California Safe Injection Site Bill Wins Committee Vote. A bill to set up a pilot program to allow certain localities in the state to open safe injection sites, Senate Bill 57, was approved by the Assembly Public Safety Committee Wednesday and now heads for an Assembly floor vote. The measure has already passed the Senate, but if it passes in the Assembly, it will have to go back to the Senate for a concurrence vote because changes have been made in the Assembly.

RI Legal Pot Bill Heads for Final Votes Next Week, FL Governor Signs Fentanyl Murder Bill, More... (5/20/22)

A Delaware bill to tax and regulate marijuana comes up short but remains alive after a parliamentary manuever, Michigan uses court settlements to fund a massive response to the opioid crisis, and more.

Florida Gov. Ron DeSantis signs a punitive fentanyl bill into law. (fl.gov)
Marijuana Policy

Delaware Legal Marijuana Regulation, Sales Bill Falls Short—For Now. A bill that would have created a system of taxed and regulated marijuana sales, House Bill 372, failed in the House Thursday even though it won a majority of votes. The bill needed a two-thirds majority in the House because it had tax provisions, but cam up short on a 23-15 vote. But the bill is not dead because sponsor Rep. Ed Osienski (D-Newark), changed his vote to "no," which gives him three legislative days to rescind the roll call vote and bring the bill forward for reconsideration before the end of this year’s legislative session. With Osienski voting "yes" next time, along with a bill supporter who missed the vote because he is sick with COVID, the bill has the votes to pass next time.

Rhode Island Marijuana Legalization Bill Heads for House, Senate Floor Votes Next Week. With approval Wednesday from the Senate Judiciary and House Finance committees, an amended marijuana legalization bill, Senate Bill 2430, is now headed for final floor votes in the House and Senate, which are scheduled for next Tuesday. As well as setting up a system of taxed and regulated marijuana commerce, the bill contains social equity components and allows for automatic expungement of past marijuana possession offenses.

Opiates and Opioids

Florida Governor Signs Bill to Make Murder Charges Easier in Drug Overdose Deaths. Gov. Ron DeSantis (R) has signed into law House Bill 95, which would make it easier for prosecutors to seek first-degree murder charges against drug sellers if an overdose leads to someone's death. Currently, drug sellers face life in prison or the death penalty if the drug they sold verifiably caused the death of a consumer, but prosecutors complained it was hard to win convictions in cases involving multiple controlled substances and/or alcohol. Under the new law, prosecutors will only have to show that the drug was a "substantial factor" in the person's death. As the session wound down, legislators also added language that increased mandatory minimum sentences for trafficking between 4 and 14 milligrams of fentanyl and its analogs from three to seven years, and for trafficking between 14 and 28 milligrams of fentanyl to 15 to 20 years. They also stripped out a provision that would have legalized fentanyl test strips, signaling no room for compassion but plenty of space for punishing policies.

Michigan Governor Signs Bills Aimed at Opioid Crisis. Gov. Gretchen Whitmer (D) has signed into law a package of bills that invest $800 million in treatment, prevention, and mental health in response to the opioid crisis. Senate Bills 993, 994, and 995 will handle the disbursement of settlement funds from lawsuits against opioid manufacturers and distributors, as well as creating an Opioid Advisory Committee to help craft policies to prevent, treat, and support people using opioids. "The opioid crisis touches families across our state, which is why it’s so crucial to ensure that Michiganders facing substance use issues have the support and resources they need to get better," said Governor Whitmer. "The legislation I signed today will be instrumental in preventing more deaths and will provide Michigan families impacted by the devastating opioid epidemic with some semblance of relief. These funds will bring millions of dollars to support our neighbors, family, and friends in treatment and recovery. I will continue to work with anyone who wants to help those who are struggling."

White House Drug Strategy Embraces Harm Reduction, But Prohibitionist Impulse Remains Strong [FEATURE]

The Biden White House sent its first National Drug Control Strategy to Congress on April 21. It breaks positive new ground by explicitly acknowledging harm reduction measures to prevent overdose and blood-borne diseases among drug users. At at the same time, though, it also relies heavily on the destructive and counterproductive pursuit of failed prohibitionist drug policies -- and funds more law enforcement much more heavily than harm reduction.

The strategy comes out just weeks after the Centers for Disease Control and Prevention (CDC) reported that drug overdose deaths hit an all-time high of 106,000 in the year ending last November. The administration is responding with what it calls a "whole of government" approach to the crisis.

"The strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking," the White House said. "It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers' profits, and make better use of data to guide all these efforts. Saving lives is our North Star, and the 2022 National Drug Control Strategy calls for immediate actions that will save lives in the short term and outlines long-term solutions to reduce drug use and its associated harms, including overdose."

While the strategy includes long-familiar categories such as drug treatment, prevention, supply reduction, and criminal justice and public safety, it also emphasizes an evidence-based approach, "building a recovery-ready nation," and for the first time, harm reduction.

"The Biden-Harris Administration's efforts focus on meeting people where they are and building trust and engagement with them to provide care and services," the White House said. "Specifically, the strategy calls for greater access to harm reduction interventions including naloxone, drug test strips, and syringe services programs. It directs federal agencies to integrate harm reduction into the US system of care to save lives and increase access to treatment. It also calls for collaboration on harm reduction between public health and public safety officials, and changes in state laws and policies to support the expansion of harm reduction efforts across the country."

The strategy calls for "the coordinated use of federal grant funds for harm reduction," and the administration last year broke new ground with a $30 million grant program for harm reduction providers. But in a sign of continued reliance on traditional law enforcement priorities, the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA. Those figures were released as part of the White House's FY 2023 budget released last month.

"Responding effectively to the illicit production, trafficking, and distribution methods of domestic criminal organizations and Transnational Criminal Organizations (TCOs) is a significant challenge and remains a Biden-Harris Administration priority," the White House said.

That kind of talk suited mainstream Democrats just fine.

"Illicit drugs cause immeasurable pain and loss in our communities. As the Chairman of the Senate Caucus on International Narcotics Control, I've pressed for an updated federal plan to tackle them," said Sen. Sheldon Whitehouse (D-RI). I've been clear that the plan must include a more coordinated approach to cracking down on drug trafficking and transnational criminal organizations, especially the ways in which they launder and protect their ill-gotten gains using US rule of law and financial networks; and more and better cooperation with our international partners to reduce the supply of precursor chemicals used to manufacture illicit drugs and to levy tougher sanctions against transnational drug syndicates. I'm pleased to see my priorities reflected in this new strategy, and I look forward to working with the Biden administration to deliver on those priorities."

Whitehouse also lauded the strategy's "tearing down barriers to treatment, including expanding access to life-saving naloxone and medication-assisted treatment; improving our data collection systems to better understand the effects of our intervention efforts."

Reform advocates offered praise -- sometimes lukewarm -- for the administration's tentative embrace of harm reduction, but blasted its reliance on tired, failed drug war paradigms.

In its analysis of the strategy, the Washington Office on Latin America (WOLA) called it "a major step forward" and lauded the administration for "focusing on ensuring access to treatment for substance use disorders and highlighting the crucial role of harm reduction services." But WOLA also noted that, "when measured against the scale of the nation's overdose problems and the urgency of the needs, Biden's new plan appears quite timid."

WOLA also warned that the strategy's "positive innovations regarding investment in treatment and harm reduction strategies risk being undermined by a continued commitment to the kinds of policies that have exacerbated the present crisis and that continue to absorb the lion's share of resources, namely, drug criminalization at home and wildly exaggerated expectations for what can be achieved through supply control efforts abroad."

Similarly, the libertarian-leaning Cato Institute called the attention to harm reduction a "positive," but noted steps that it did not take, such as making the opioid overdose reversal drug naloxone available over-the-counter and repealing the so-called Crack House Statute that stands in the way of federal approval of safe injection sites.

"On a negative note," Cato observed, "the remainder of the new report calls for doubling down on interdiction, border control, and other law enforcement measures aimed at curtailing the supply of illicit drugs -- as if repeating the same failed strategies of the past half century, only with more gusto, will somehow work."

So there it is: The Biden administration's first crack at a national drug strategy deserves kudos for its embrace of harm reduction and evidence-based approaches, but beyond that, it is pretty much more of the same old same old.

White House Releases 2022 National Drug Control Strategy, NH Marijuana Legalization Bill Nixed, More... (4/21/22)

A pair of companion marijuana legalization initiatives are cleared for singature-gathering in Oklahoma, SAMSHA mantains a firm line on drug testing rules, and more.

A needle exchange. The White House is emphasizing harm reduction measures to take on the overdose crisis. (Creative Commons)
Marijuana Policy

New Hampshire Senate Committee Votes to Kill Marijuana Legalization Bill. The Senate Ways and Means Committee voted unanimously Wednesday to kill a bill that would have legalized marijuana and had it sold at state-owned retail outlets, House Bill 1598. The bill could still come up for a Senate floor vote, but the committee vote likely signals the end of the road for this legislative session. The House has repeatedly passed marijuana legalization bills in recent years, only to see them die in the Senate. And even if something were to make it to the desk of Gov. Chris Sununu (R), he remains opposed to legalization. At least one senator indicated he was stuck in a time warp: "Why would we want to join the herd of introducing to our culture legalization of a substance that is unquestionably a gateway drug?" asked Sen. Bob Giuda (R-Warren).

Ohio Lawmakers File Marijuana Legalization Bill That Mirrors Ongoing Legalization Initiative. Two Democratic lawmakers, Reps. Casey Weinstein and Terrance Upchurch, have filed a marijuana legalization bill with the same language as the legalization initiative from the Coalition to Regulate Marijuana Like Alcohol (CRMTA). CRMTA's initiative passed an initial signature threshold, starting a process where the legislature has four months to either pass legalization or let it go to the voters in November (provided CRMTA succeeds in another round of signature-gathering), but there is little indication that the Republican-controlled legislature is going to act on it.

Oklahoma Marijuana Legalization Initiatives Okayed for Signature-Gathering. The state Supreme Court has cleared the way for two companion marijuana legalization initiative campaigns to begin signature-gathering. State Question 819 and the companion State Question 818, would amend the state constitution to protect the right of residents age 21 and older to use marijuana. Because they amend the constitution, they face a higher signature-gathering hurdle than State Question 820, which has already been cleared for signature-gathering. It needs about 90,000 signatures within 90 days to qualify for the ballot, while State Questions 819 and 820 will need about 178,000 valid voter signatures.

Drug Policy

Biden Administration Releases 2022 National Drug Control Strategy. The White House released the 2022 National Drug Control StrategyThursday, focusing on treating drug addiction and fighting drug trafficking. The strategy calls for expanded harm reduction interventions, such as drug test strips, needle exchanges, and access to the opioid overdose reversal drug naloxone. The new strategy is “the first-ever to champion harm reduction to meet people where they are and engage them in care and service,” the White House said. But the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA, maintaining a law enforcement emphasis. Those figures were released as part of the FY 2023 budget released last month.

Drug Testing

SAMSHA Cuts No Slack for Medical Marijuana, Accidental Exposures in Updated Federal Drug Testing Rules. In a pair of notices published in the Federal Register earlier this month, the Substance Abuse and Mental Health Services Administration (SAMSHA) published a pair of notices about proposed changes to drug testing policies. One new notice clarifies that having a doctor's recommendation for medical marijuana is not a valid excuse for a positive drug test. The secondnew notice states that passive exposure to secondhand marijuana smoke or accidental ingestion of foods containing marijuana are not a legitimate medical explanation for a positive drug test. These are proposed rules, and  there is a 60-day public comment period on the proposals is open until June 6.

NJ AG Says Cops Can Smoke Pot (But Not on Duty), ME Good Samaritan Improvement Bill Advances, More... (4/18/22)

New York issues its first marijuana grower licences, a Florida drug treatment provider is convicted of a massive drug testing fraud, and more.

There's money to be made growing weed, and in New York, equity applicants are getting the first crack at it. (CC)
Marijuana Policy

New Jersey Attorney General Says Police Can Use Marijuana Off-Duty. Marijuana use is now legal for adults in the state, and that includes police officers, Acting Attorney General Matt Platkin wrote in a memo last Thursday. The memo said it is critical for police to be clear-headed on the job, but they cannot be punished for engaging in a legal activity as long as it does not affect their work. Maybe we will see cops in line at pot shops later this week; retail sales begin on Thursday.

New York Issues First Marijuana Grower Licenses. Gov. Kathy Hochul (D) announced last Friday that the state's Cannabis Control Board has approved the first legal marijuana grower licenses in the state. The state has approved 52 Adult-Use Cannabis Conditional Cultivator licenses out of a pool of 150 applicants since March 15. The Office of Cannabis Management will continue to review applications and issue more licenses as quickly as possible. These first licenses went to "equity entrepreneurs" who qualify by having either a past marijuana conviction or one in their family and who have experience operating a successful business in the state.

Drug Testing

Florida Drug Rehab Facility Owner Guilty in Multimillion Dollar Drug Testing Fraud. Carie Lyn Beetle, the owner of Florida drug treatment center, was found guilty last Friday of running a $58 million insurance fraud scheme in which she recruited patients by offering free or discounted rent and free travel to Florida to stay in her sober houses, then tested them as often as three times a week, for which she would submit insurance claims. The frequency of the testing, for which she could bill as much as $5,000 each time, was considered unnecessary, and the results were not studied by treatment professionals. Sometimes the tests were never even conducted, but still billed for. Her center, Real Life Recovery, would also often bill for counseling and treatment services that were not actually conducted, and employees testified that they would regularly forge patient signatures to show they had attended counseling when they had not. For turning her treatment program into a racket, Beetle is now looking at up to 30 years in prison.

Harm Reduction

Maine Senate Approves Strengthened Good Samaritan Law. The Senate last Friday approved a bill to strengthen the state's Good Samaritan law, which is designed to protect people suffering from overdoses and those seeking to help them from prosecution. The bill, LD 1682, would change the existing law so that any person at the scene of an overdose who makes a good faith effort to call for assistance is protected from arrest or prosecution. The bill would include immunity for bail and probation violations, while exempting sex crimes, crimes involving children, and arson, among other crimes. It now heads to the House. 

DOJ Issues Guidance on Legal Protections for People on MAT, NJ Recreational Pot Sales Coming Soon, More... (4/12/22)

An Oklahoma psychedelic research bill advances minus a decriminalization provision, Mississippi regulators roll out initial guidelines for the state's medical marijuana programs, and more.

The DOJ issues guidance on legal protections for people undergoing medication-assisted treatment. (Creative Commons)
Marijuana Policy

New Jersey Regulators Okay First Recreational Marijuana Sales. The state's Cannabis Regulatory Commission on Monday opened the way to recreational marijuana sales by approving seven medical marijuana dispensaries to sell to anyone 21 or over. The commission's executive director, Jeff Brown, said retail licenses could be issued within a month, once dispensaries pay fees and undergo compliance checks. The move comes more than a month after the state blew through a February 22 deadline for dispensaries to begin selling to adults. The commission had been concerned about maintaining adequate supplies for patients, but those concerns seem to have been assuaged. "All of the (dispensaries) here, we believe have proven and have shown that they have adequate supply for their medical patients, that they are willing to put in place the necessary mechanisms to protect that supply, and ensure that medical patients are not impacted,” Brown said.

Medical Marijuana

Mississippi Medical Marijuana Program Rules and Regulations Released. The state Health Department on Monday released preliminary rules and regulations for the state's nascent medical marijuana program. These beginning measures address qualifying conditions, obtaining registry and identification cards, and how to certify as a practitioner, among other things. The list of qualifying conditions includes cancer, Parkinson’s, Huntington’s, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, amyotrophic lateral sclerosis (ALS), Crohn’s, ulcerative colitis, sickle cell anemia, Alzheimer’s, agitation of dementia, PTSD, autism, pain refractory to opioid management, diabetic/peripheral neuropathy, spinal cord disease, or severe injury; chronic medical treatment that causes cachexia or wasting, severe nausea, seizures, severe and persistent muscle spasms, or chronic pain. Patients may only get recommendations from doctors with whom they have an existing relationship and will pay $25 for a 1-year ID card. Those applications will be available on or before June 2.

Psychedelics

Oklahoma Senators Approve Psilocybin Research Bill but Remove Decriminalization Language Approved by House. The Senate Health and Human Services Committee voted unanimously Monday to approve a bill passed by the House that would allow eligible research and medical institutions to cultivate and administer psilocybin for research purposes, but only after amending it to remove a provision that decriminalized the possession of the drug. House Bill 3414 "came over [from] the House—it had some decriminalization elements in there," Sen. Lonnie Paxton (R) said on Monday, adding that lawmakers had "worked a lot with it, trying to make sure that we clean it up." They did that by erasing the decriminalization provision. “That no longer exists," he said. "This is just for a university study."

Drug Treatment

US Department of Justice Issues Guidance Concerning Legal Protections for Individuals Recovering from Opioid Use Disorder. The Justice Department published guidance last week explaining how the Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those who take prescription medications as part of that treatment. The guidance says those people are considered disabled under the ADA, that they may be prescribed medications such as methadone, buprenorphine, and naltrexone, among others; and that employers may not discriminate against them if they are in treatment and using those drugs. The guidance also notes that while employers may conduct drug testing, they may not fire or refuse to hire people legally using those medications—unless the use renders the person unable to safely or effectively perform the job. DOJ said the guidance "is part of the department’s comprehensive response to the opioid crisis, which promotes prevention, enforcement and treatment" and lists several civil rights lawsuits it is pursuing over such discrimination.

Medical Marijuana Update

The House passes a bill easing research barriers for medical marijuana, a horrible bill aimed at women emerges in Alabama, and more.

National

House Approves Bill to Ease Barriers to Medical Marijuana Research. The House passed the Medical Marijuana Research Act (HR 5657) on a vote of 343-75 Monday. All the no votes came from Republicans. The bill would streamline the process for scientists seeking to conduct medical marijuana research and mandate that the Department of Health and Human Services ensure there is an adequate supply of marijuana available for research use. Given that 37 states already allow medical marijuana use, it is in consumers' interest to further study the drug. "These actions highlight the need for increased research about safety and efficacy of the marijuana products being consumed by millions of Americans," said House Energy and Commerce Committee Chairman Frank Pallone (D-NJ).

Alabama

Alabama Bill Would Require Negative Pregnancy Test to Buy Medical Marijuana. A bill that would require women between the ages of 25 and 50 to produce a negative result from a pregnancy test from a doctor or medical lab before being allowed to purchase medical marijuana is moving in the state Senate. The bill would also ban mothers who are breastfeeding from purchasing medical marijuana, although it is difficult to see how that could be enforced. Senate Bill 324 passed out of the Senate Children, Youth and Human Services Committee on a 7-2 vote last week and awaits a Senate floor vote. But National Advocates for Pregnant Women (NAPW) called the bill "blatantly unconstitutional and unprecedented," laying the groundwork for a legal challenge if the bill were to become law. "We are very concerned that this is an invasion of the privacy of Alabama women and their right to equal protection under the law," said NAPW attorney Emma Roth.

Georgia

Georgia Bill to Allow Patients Access to Medical Marijuana Falls One Vote Short. State legislators approved a medical marijuana bill in 2015, but that bill left patients in the lurch because it did not provide any means of providing cannabis oil. A bill that would have finally allowed businesses to grow and sell cannabis oil, House Bill 738, passed the House earlier this year, but the Senate tabled the bill on a 28-27 vote in March, and now, the legislative session has ended without the Senate taking any further action.

Kentucky

Kentucky Medical Marijuana Bill Appears Dead. The House approved a medical marijuana bill, House Bill 136, in March, but it now appears the bill will go nowhere in the Senate even though polling shows it has the support of nine out of 10 Kentuckians. Senate President Robert Stivers (R) said he wants to see more testing before moving the bill forward. And Majority Floor Leader Damon Thayer (R) said that while most of his constituents support medical marijuana, he does not, and if voters don't like it, they can "take it out" on him in the next election. He added that he does not think the bill has enough support to pass in the Senate, but advocates are demanding it get a vote anyway.

South Carolina

South Carolina Medical Marijuana Bill Faces Determined Opposition in House. A medical marijuana bill, the Compassionate Use Act (Senate Bill 150) easily passed the Senate earlier this year, but has been stalled in the House and faces a significant challenge if it moves there. Although the bill went over to the House Medical, Military, and Public and Municipal Affairs Committee on February 15, it will only get a committee hearing tomorrow, six weeks later. While the bill likely has sufficient support to pass in the House, opponents plan on stalling it by loading it down with superfluous amendments. One representative, John McCrory (R), is reportedly poised to offer up to 150 amendments if the bill makes it to the House floor, delaying its passage or frustrating supporters to the point they decline to take it up.  

AL Bill Would Require Negative Pregnancy Test for MedMJ Purchases, DE Legal Pot Effort Revives, More... (4/5/22)

The House approves a bill easing barriers to medical marijuana research, meet the three Democrats who voted against marijuana legalization in the House last week, and more.

Marijuana Policy

Meet the Members Who Broke with Their Parties on the MORE Act Vote. Last Friday's vote on the marijuana legalizing MORE Act (HR 3617), which passed by a margin of 220 to 204, was largely along party lines, with almost all Democrats supporting it and almost all Republicans opposing it. Only two Democrats voted against legalizing marijuana: Reps. Henry Cueller of Texas and Chris Pappas of New Hampshire. Likewise, only three Republicans voted for it: Reps. Matt Gaetz and Brian Mast of Florida and Rep. Tom McClintock of California.

Delaware Marijuana Legalization Effort Revives. After seeing a comprehensive marijuana legalization, regulation, and taxation bill defeated earlier this year, bill sponsor Rep. Ed Osienski (D-Newark) is back with a two-bill plan to free the weed. House Bill 371 would simply legalize the possession of up to an ounce of marijuana and needs only a majority vote to pass. It already has 21 cosponsors, a majority in the House. House Bill 372 would tax and regulate marijuana like alcohol and needs three-fifths to pass. "I hope to hold on to the 21 co-sponsors of the legislation and pass that, and then it will put that extra pressure on some colleagues to say, ‘ok it’s legalized, to do this right we should create an industry that will provide this now,’" said Osienski. He added that even if HB 372 fails, passing HB 371 would still protect state residents from arrest.

Oklahoma Supreme Court OKs Wording of Marijuana Legalization Initiative. The state Supreme Court has found that that language in marijuana legalizing State Question 820 is "constitutionally sufficient," clearing the way for backers to proceed with their campaign. State Question 820 was challenged in court by proponents of competing initiatives State Question 818 and State Question 819, who argued that State Question 820 violated the state's one-subject rule and was imprecise in its language. But the court disagreed. The latter two initiatives would replace the existing medical marijuana regulator with a new regulatory agency and legalize and regulate marijuana, respectively.

Medical Marijuana

House Approves Bill to Ease Barriers to Medical Marijuana Research. The House passed the Medical Marijuana Research Act (HR 5657) on a vote of 343-75 Monday. All the no votes came from Republicans. The bill would streamline the process for scientists seeking to conduct medical marijuana research and mandate that the Department of Health and Human Services ensure there is an adequate supply of marijuana available for research use. Given that 37 states already allow medical marijuana use, it is in consumers' interest to further study the drug. "These actions highlight the need for increased research about safety and efficacy of the marijuana products being consumed by millions of Americans," said House Energy and Commerce Committee Chairman Frank Pallone (D-NJ).

Alabama Bill Would Require Negative Pregnancy Test to Buy Medical Marijuana. A bill that would require women between the ages of 25 and 50 to produce a negative result from a pregnancy test from a doctor or medical lab before being allowed to purchase medical marijuana is moving in the state Senate. The bill would also ban mothers who are breastfeeding from purchasing medical marijuana, although it is difficult to see how that could be enforced. Senate Bill 324 passed out of the Senate Children, Youth and Human Services Committee on a 7-2 vote last week and awaits a Senate floor vote. But National Advocates for Pregnant Women (NAPW) called the bill "blatantly unconstitutional and unprecedented," laying the groundwork for a legal challenge if the bill were to become law. "We are very concerned that this is an invasion of the privacy of Alabama women and their right to equal protection under the law," said NAPW attorney Emma Roth.

MA Drug Courts Agree to Allow Medication-Assisted Treatment, CT Psychedelic Treatment Bill Advances, More... (3/28/22)

Illinois Senate Democrats roll out a pair of bills to fight the opioid overdose crisis, South Dakota's governor vetoes a bill removing old pot charges from public background checks, and more.

Buprenorphine. This and other Medications for Opioid Use Disorder will now be allowed in Bay State drug courts. (CC)
Marijuana Policy

South Dakota Governor Vetoes Bill to Automatically Remove Old Marijuana Charges from Background Checks. Gov. Kristi Noem (R) has vetoed Senate Bill 151, which would have automatically removed marijuana charges and convictions more than five years old from public background checks. The bill also required that past offenders have fulfilled their sentences and have no later arrests. In her veto statement, Noem said, "It also essentially codifies a convicted person's ability to be dishonest about their previous arrest and conviction by not requiring disclosure of the prior drug conviction." The bill did not pass with veto-proof majorities.

Psychedelics

Connecticut Lawmakers Advance Psychedelic-Assisted Treatment for Veterans. A bill that would allocate $3 million to help veterans and other disadvantaged people gain access to psychedelic-assisted therapies is advancing. House Bill 5396 passed the Public Health Committee on a unanimous vote last Friday and has now been referred to the Office of Legislative Research and Office of Fiscal Analysisprior to a House floor vote.

Drug Courts

Feds Reach Settlement with Massachusetts Drug Court Over Discriminating Against People with Opioid Use Disorder. The US Attorneys Office in Boston announced last Thursday it had reached an agreement with the Massachusetts Trial Court to resolve charges its drug court discriminated against people with Opioid Use Disorder, violating the Americans with Disabilities Act. Federal prosecutors argued that the drug court discriminated against people taking Medications for Opioid Use Disorder (MOUD), such as buprenorphine, methadone, and naltrexone, by barring or pressuring them to stop using those medications in order to participate in the drug court program. Under the new agreement, all 25 state drug courts will allow the use of MOUDs, with decisions about their use taken only by licensed practitioners or licensed opioid treatment programs. "The opioid crisis has impacted nearly every household and family unit in the Commonwealth. My family is no exception. Sadly, in Massachusetts per capita rates of opioid-related deaths are above the national average. To combat this public health crisis we need to be doing everything possible to save lives. That includes ensuring access to all forms of medical treatment for OUD," said United States Attorney Rachael S. Rollins. "We commend the Massachusetts Trial Court for working with us to implement a policy that sets a standard for other state courts across our country to follow. This policy helps ensure that the court system leaves MOUD treatment decisions to trained and licensed medical professionals."

Harm Reduction

Illinois Democrats Roll Out Pair of Bills to Address Overdose Crisis. Senate Democrats last Thursday unveiled a pair of bills that take aim at the state's opioid overdose crisis, where deaths related to synthetic opioids have increased nearly 25-fold since 2013. Sen. Laura Ellman (D-Naperville) is the Senate sponsor of House Bill 17, a Good Samaritan law that would grant immunity from prosecution for possession of small amounts of fentanyl that for people suffering from an overdose or for people seeking to aid them. And Sen. Robert Peters (D-Chicago) is the Senate sponsor of House Bill 4556, which would allow pharmacists and medical professionals to dispense fentanyl test strips and other drug-testing supplies to anyone who wants them. adulterant testing supplies to any person without persecution for possessing drug testing supplies.

Senate Approves Marijuana Research Bill, UT Governor Signs Psychedelic Research Bill, More... (3/25/22)

A bill to establish the East Coast's first psychedelic medicine center is moving in Connecticut, Utah's Republican governor signs a psychedelic research bill, and more.

The Nebraska medical marijuana initiative campaign has taken a big fund-raising hit, but will soldier on.
Marijuana Policy

Senate Unanimously Approves Marijuana Research Bill. The Senate on Thursday unanimously approved a bill that aims to promote research into marijuana, the Cannabidiol and Marihuana Research Expansion Act (S. 253). Sponsored by Sens. Dianne Feinstein (D-CA), Brian Schatz (D-HI) and Chuck Grassley (R-IA), the bill would ease the application process for researchers who want to study the plant. The bill also clearly states that doctors are allowed to discuss the pros and cons of marijuana with patients and requires the Department of Health and Human Services to report on potential health benefits of marijuana.

Medical Marijuana

Nebraska Medical Marijuana Campaign Takes Big Hit as Two Major Donors Die Nebraskans for Medical Marijuana, the group behind an ongoing medical marijuana initiative campaign, has been wounded by the sudden death of one major donor in a plane crash and the diagnosis of terminal cancer in another major donor. The campaign described the losses as a "huge setback." The group has a $500,000 fund-raising goal by May 1, and as of the end of February, it had only $30,000 in the bank. In 2020, the group managed to raise $2.5 million for the signature drive and general election campaign, which it won, only to see the victory overturned by the state Supreme Court.

Psychedelics

Connecticut Bill to Create Psychedelic Medicine Center Advances. A bill that would create the first psychedelic medicine center on the East Coast has advanced in the House. The measure, House Bill 5396, which assumes the Food and Drug Administration (FDA) will soon approve MDMA and psilocybin as treatments for PTSD and depression, respectively, aims to provide those drugs for medicinal use to "qualified patients," which includes veterans, retired first responders, direct care health care workers, and people from "historically underserved communities." The bill passed out of the Joint Health Care Committee last week and is now before the Office of Legislative Research and Fiscal Analysis.

Utah Governor Signs Psychedelic Study Bill into Law. Gov. Spencer Cox (R) has signed into law House Bill 167, which will create a task force to study and make recommendations on the therapeutic potential of psychedelics and possible regulations for their legal use. The bill had strong support in the legislature, passing each chamber with only one no vote. The bill will create a Mental Illness Psychotherapy Taskforce to "study and make recommendations on drugs that may assist in treating mental illness." The drugs the panel will consider are controlled substances "not currently available for legal use."

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