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RI Legislature Passes Safe Injection Site Bill, CA Coerced Treatment Bill Advances More... (7/2/21)

The Mississippi Supreme Court continues to smack down the will of the people on medical marijuana, a coerced drug treatment bill advances in California to the dismay of reformers, and more.

The InSite safe injection site in Vancouver has been operating successful for years. Now, Rhode Island wants to emulate it.
Medical Marijuana

Maine Legislature Approves Bill to Give Caregivers, Patients Input in Medical Marijuana Regulations. A bill that would require the state's Office of Marijuana Policy, which regulates both medical and recreational marijuana, to work with patients, caregivers, and medical marijuana enterprises in crafting regulations has passed both houses of the legislature. LD 1242 was passed as an emergency measure and has been enacted as law without the signature of Gov. Janet Mills (D), effective July 1. The bill was a response to proposed rules changes announced earlier this year by the Office of Marijuana Policy, which caregivers and the industry found onerous, including 24/7 surveillance and requiring growers to use the state's inventory tracking system, as is done with adult use marijuana. "This gives the people that are in the industry the real power in making and designing the laws and the rules that we will work around," said Susan Meehan, a medical marijuana caregiver, and chairperson of the Maine Cannabis Coalition.

Mississippi Supreme Court Refuses to Reconsider Ruling Throwing Out Medical Marijuana Initiative Victory. In a two-page decision released Thursday, the state Supreme Court has rejected a call for it to reconsider its May decision throwing out a voter-approved initiative to legalize medical marijuana in the state. In that decision, which essentially invalidated the state's initiative process, the court held that because the state constitution called for signatures to be gathered in all five of the state's congressional districts, the initiative was unconstitutional because the state has had only four congressional districts since redistricting in 2000. In its decision this week, the court said that the parties asking for a reconsideration should have done so last November and that "the present motion for leave to intervene is not well take and should be denied." There is pressure on Gov. Tate Reeves (R) to call a special session to enact the will of the voters, but he has yet to do so.

Drug Treatment

California Coerced Drug Treatment Bill Advances. A bill that would let Yolo County create a locked drug treatment facility for people convicted of "drug-motivated felonies" has already passed the Assembly and this week was approved nearly unanimously by the Senate Public Safety Committee. Assembly Bill 1542 would not be used for people simply convicted of drug possession or other misdemeanors, and those eligible would be "assessed by treatment providers who would decide the level and length of treatment." Those found suitable "would be given a choice of serving time in jail or prison or entering the soft secured facility where they would receive treatment to help them get well." While the bill has strong political support in Sacramento, there is strong opposition in the treatment and reform community. Even Human Rights Watch has weighed in, writing:"It [the bill] runs directly counter to the principle of free and informed consent to mental health treatment, which is a cornerstone of the right to health. Conflating health treatment and jailing, as envisioned by AB 1542, risks substantial human rights abuse, is ineffective as a treatment, and takes resources and policy focus away from initiatives that are much more likely to help people." The bill is now headed to the Senate Health Committee.

Harm Reduction

Rhode Island Legislature Approves Safe Injection Site Pilot Program. With a final vote Thursday, the state legislature has approved a bill, 2021-H 5245A/2021-S 0016B, to authorize a two-year pilot program to create "harm reduction centers" where people could "safely consume pre-obtained substances," otherwise known as a safe injection site. The bill would require local approval before such a site could open, but it could also face a federal challenge. An earlier effort to open a safe injection site in Philadelphia was blocked by the US 3rd Circuit Court of Appeals, which ruled it would violate the Controlled Substance Act. But that case was brought by a conservative US attorney during the Trump administration. To sue to block this bill -- if enacted into law -- would require a Biden administration US attorney to bring a case, and it's not clear that would happen. Also, Rhode Island sits in the 1st US Circuit Court district, not the 3rd, so that Philadelphia decision is not binding there.

Federal Drug Decriminalization Bill Filed, LA Governor Signs Marijuana Decriminalization Bill, More... (6/15/21)

An historic federal drug decriminalization bill is filed, the AMA speaks out for better drug treatment access in jails and prisons, and more.

You'll no longer go to jail for this in Louisiana--at least the first time you get caught. (Creative Commons)
Marijuana Policy

Louisiana Governor Signs Marijuana Decriminalization Bill into Law. Gov. John Bel Edwards on Tuesday signed into law a bill that decriminalizes the possession of up to 14 grams of marijuana, making a first offense punishable by no more than a $100 fine. Subsequent offenses could, though, earn jail time.

Rhode Island Senate Committee Approves Marijuana Legalization Bill. The Senate Judiciary Committee on Tuesday approved a marijuana legalization bill advanced by Senate leadership. Gov. Daniel McKee (D) and House members have each also sponsored competing legalization bills.  

Drug Policy

Historic Federal Drug Decriminalization Bill Filed. Representatives Bonnie Watson Coleman (D-NJ) and Cori Bush (D-MO) unveiled the Drug Policy Reform Act (DPRA), whose most striking provision is drug decriminalization. The bill would do away with federal criminal penalties for drug possession, a huge step away from drug war orthodoxy.In line with shifting from a law enforcement approach to drug use to a public health approach, the bill significantly would move regulation over drugs from the Justice Department to the Department of Health and Human Services. The bill also features a number of other provisions, from expunging past records and allowing currently serving inmates to seek resentencing to removing many of the collateral consequences of a drug possession conviction, such as the loss of voting rights and employment opportunities, the denial of public benefits such as food stamps, and deportation for non-citizens.

Drug Treatment

AMA Calls for Access to Substance Use Disorder Treatment in Prisons and Jails. Physicians, residents, and medical students adopted policy during the first day of the Special Meeting of the American Medical Association (AMA) House of Delegates strengthening the efforts to increase access to evidence-based medical treatment for justice-involved individuals. Specifically, the policy expands and updates the AMA’s longstanding recommendations to require medication treatment for opioid use disorder (OUD) as the standard of care for patients in jail and prison settings, including patients who are pregnant, postpartum, or parenting. The updated policy also reiterates the need for screening upon entry and post-incarceration treatment for mental health and substance use disorders.

WA Governor Signs Misdemeanor Drug Possession Bill, VT Senate Approves Buprenorphine Bill, More... (5/13/21)

Look for a Nebraska medical marijuana initiative next year after the legislature killed a bill this week, a Pennsylvania poll finds broad support for criminal justice reforms, and more.

The Vermont legislature has approved a bill legalizing the possession of limited amounts of buprenorphine. (Pixabay)
Medical Marijuana

Nebraska Medical Marijuana Bill Killed, Setting Stage for New Initiative. A bill to legalize and regulate medical marijuana, LB 474, was killed in the legislature Wednesday night. That sets the stage for another drive for a medical marijuana initiative, which is likely to be less restrictive than the bill that just died. The bill died when supporters were unable to go up with enough votes to stop a filibuster by opponents.

Drug Policy

Washington Governor Signs Bill Making Drug Possession a Misdemeanor. Gov. Jay Inslee (D) has signed into law Senate Bill 5476, which makes the possession of personal use amounts of drugs a misdemeanor, not a felony. The bill came after the state Supreme Court threw out the state's felony drug possession law earlier this year, and the legislature grappled with whether to do nothing and effectively decriminalize drug possession or act to ensure drug possession remained a criminal offense, even if not a felony.

Harm Reduction

Vermont Senate Approves Bill to Legalize Buprenorphine Possession. The state Senate on Wednesday voted to approve a bill legalizing the possession of limited amounts of the opioid maintenance drug buprenorphine, House Bill 225. The bill has already passed the House and now goes to the desk of Gov. Phil Scott (R). It would allow people to possess up to 224 milligrams of the drug, enough for a two week supply, without a doctor's prescription.

Law Enforcement

House Democrats File Bill to End Pentagon Shipments of Excess Equipment to Police Departments. Eighteen House Democrats led by Rep. Nydia Velasquez (D-NY) filed a bill Thursday to end the program that lets the Pentagon ship surplus equipment to local police departments. At the same time, more than 150 organizations signed on to a letter to lawmakers backing the bill. "The 1033 program has contributed to a military-style police culture and has endangered countless lives, particularly in communities of color," the 155 organizations wrote in the letter. "It is our assessment that the 1033 program is irreparable and should be abolished, especially in light of the fact that past attempts to reform the program were ineffective."

Pennsylvania Voters Support Criminal Justice Reforms, Poll Finds. A a new poll from Data for Progress and The Lab finds broad support for criminal justice reforms in the state. Voters approved of sentence reductions for good behavior in prison (75%), ending probation when supervision is no longer necessary (68%), limiting the use of cash bail (64%), and decriminalizing drug possession (60%).

Ecstasy Shown to Help with PTSD When Paired with Therapy, LA Smokable MedMJ Bill Advances, More... (5/4/21)

The Maryland Court of Appeals rules that the smell of marijuana is not sufficient probable cause to justify an officer stop, the DC city council ponders reserving some medical marijuana licenses for formerly incarcerated drug offenders, and more.

Pain pill distributors went on trial in Huntington, WV, Monday over their role in the opioid crisis. (Pixabay)
Marijuana Policy

Maryland Appeals Court Rules Smell of Marijuana Doesn't Justify Officer Stops. The state Court of Special Appeals ruled last week that simply smelling the odor of marijuana does not justify a police officer stopping and investigating someone. The court held that police need "reasonable suspicion" that a crime has been committed and that just smelling marijuana doesn't meet that standard. The state decriminalized the possession of up to 10 grams back in 2004, and the court held that since possession of less than that amount is not a crime and since the "odor of marijuana alone does not indicate the quantity, if any, in someone's possession," police cannot rely solely on the odor to conduct a stop and investigation.

Medical Marijuana

Louisiana House Approves Bill to Allow Patients to Use Smokable Marijuana. The House on Monday voted 73-26 to approve  House Bill 391, which would expand the state's limited medical marijuana program to allow patients to purchase whole-flower marijuana. The measure now heads to the Senate.

DC Council Considers Legislation to Reserve Some Business Licenses for Formerly Incarcerated Drug Offenders. The city council on Tuesday is taking up legislation that would reserve some new medical marijuana licenses for people who have done time for drug offenses. It is the latest move by the District to try to increase equity in the industry. The bill instructs the Alcoholic Beverage Regulation Administration, which regulates the industry, to reserve at least one dispensary license, one cultivation center license, and one testing lab license for ex-offenders.

Heroin and Prescription Opioids

Drug Distribution Companies Go on Trial for Allegedly Fomenting Opioid Addiction Crisis. A federal lawsuit targeting a trio of big drug distribution companies for their role in the ongoing opioid addiction crisis got underway Monday in Huntington, West Virginia. The city of Huntington is suing AmerisourceBergen Drug Company, Cardinal Health Inc, and the McKesson Corporation and alleging they pumped 1.1 billion opioid pain pills into the state, leading to widespread addiction and more than 1,700 opioid overdose deaths statewide. The lawsuit does not address the need of chronic pain patients to have access to sometimes large amounts of prescription opioids. It is one of hundreds filed against drug makers and distributors over the opioid crisis.

Psychedelics

Ecstasy Shown to Help with PTSD When Paired with Therapy. A study about to be published in Nature Medicine found that people with sever post-traumatic stress disorder (PTSD) who were given MDMA (Ecstasy) in conjunction with talk therapy experienced a significantly greater reduction in symptom severity than those who got therapy and a placebo. The study also reported no serious adverse effects, although some participants experienced mild nausea and loss of appetite.

Biden's Drug Policy Priorities Are a Small Step in the Right Direction, But Old Attitudes Linger [FEATURE]

On April 1, the Biden administration gave us the first big hint of what its drug policy will look like as it released the congressionally-mandated Statement of Drug Policy Priorities for Year One. The result is a definite mixed bag: a heavy dose of drug prevention, treatment, and recovery, along with an acknowledgement of harm reduction and a nod in the direction of racially-sensitive criminal justice reform, but also a reflexive reliance on prohibitionist drug war policies both at home and abroad.

And nothing about the most widely used illicit drug by far: marijuana. The word "marijuana" appears not once in the heavily annotated 11-page document, and the word "cannabis" only once, in the title of an academic research paper about the onset of teen drug use in the footnotes. That's perhaps not so surprising, given that, in response to a reporter's question, Vice President Harris said last week the administration was too busy dealing with other crises to worry about making good its campaign pledges about marijuana reform.

What is on the administration's mind is "the overdose and addiction crisis." Citing ever-increasing drug overdose deaths, the statement says "addressing the overdose and addiction epidemic is an urgent priority for [the] administration." But the solution is not to imprison drug users, with the statement noting that "President Biden has also said that people should not be incarcerated for drug use but should be offered treatment instead." (Underlying that seemingly humane approach is the errant presumption that all or most drug users are addicts in need of treatment when, depending on the drug, only between one in five and one in 10 drug users fit that dependent or problematic drug user description.)

Here are the Biden administration's drug policy priorities, all of which are gone into in detail in the statement:

  • Expanding access to evidence-based treatment;
  • Advancing racial equity issues in our approach to drug policy;
  • Enhancing evidence-based harm reduction efforts;
  • Supporting evidence-based prevention efforts to reduce youth substance use;
  • Reducing the supply of illicit substances;
  • Advancing recovery-ready workplaces and expanding the addiction workforce; and
  • Expanding access to recovery support services.

Prioritizing treatment, prevention, and recovery is bound to be music to the ears of advocacy groups such as Faces and Voices in Recovery (FAVOR), whose own federal policy and advocacy priorities, while focusing on specific legislation, lean in the same direction. But the group also advocates for harm reduction practices the administration omits, particularly supervised consumption sites. FAVOR noted the administration's statement without comment.

As with the failure to even mention marijuana, the Biden administration's failure to include supervised consumption sites in its embrace of harm reduction -- it is wholeheartedly behind needle exchanges, for example -- is another indication that the administration is in no hurry no rush down a progressive drug reform path. And its prioritizing of supply reduction implies continued drug war in Latin America ("working with key partners like Mexico and Colombia") and at home, via support of High Intensity Drug Trafficking Areas (HIDTA) and "multi-jurisdictional task forces and other law enforcement efforts to disrupt and dismantle transnational drug trafficking and money laundering organizations." Prohibition is a hard drug to kick.

Still, naming advancing racial equity issues as a key priority is evidence that the Biden administration is serious about getting at some of the most perverse and corrosive outcomes of the war on drugs and is in line with its broader push for racial justice, as exemplified by Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government," issued on Biden's first day in office. And it is in this context that criminal justice system reform gets prioritized, although somewhat vaguely, with the promise of the creation of an "interagency working group to agree on specific policy priorities for criminal justice reform."

The Drug Policy Alliance (DPA) has some specific policy priorities for criminal justice reform, too, and they go far beyond where the administration is at. In its 2020 Roadmap for the incoming administration released in November, the group calls for federal marijuana legalization, drug decriminalization, and a slew of other criminal justice and policing reforms ranging from ending mandatory minimum sentencing and the deportation of non-citizens for drug possession to barring no-knock police raids, ending the transfer of military surplus equipment for counter-narcotics law enforcement, and dismantling the DEA. And the federal government should get out of the way of supervised consumption sites, or in DPA's politically attuned language "overdose prevention centers."

"We're glad the administration is taking important steps to address the overdose crisis -- by increasing access and funding to harm reduction services and reducing barriers to life-saving medications -- especially as people are dying at an alarming rate. We also appreciate their commitment to studying how to advance racial equity in our drug policies and best implement innovative practices on the ground. But it's clearly not enough. We need action," DPA Director of the Office of National Affairs Maritza Perez said in a statement responding to the administration's statement. "Black, Latinx and Indigenous people continue to lose their lives at the hands of law enforcement in the name of the drug war, and yet, the administration has chosen to prioritize increased funding for law enforcement. We need supervised consumption sites, not more money for police."

"And while we commend the Administration for taking steps to reduce employment discrimination, unless we address the biggest barrier for people trying to get a job -- past drug convictions and arrests -- we will still be left with significant inequities and racial disparities in the workplace," Perez continued. "It's time we get serious about saving lives and repairing the damage that has been caused by the drug war, particularly on Black, Latinx and Indigenous communities. We can start by passing federal marijuana reform and ending the criminalization of people for drugs in all forms."

Young drug reformers also had a few bones to pick with the administration's priorities. In their own statement in response to the administration, Students for Sensible Drug Policy applauded priorities such as more access to treatment and more research on racial equity, it complained that the administration priorities "fail to provide adequate support to Young People Who Use Drugs (YPWUD) in this country" -- especially those who use drugs non-problematically.

"There are no steps being taken to support YPWUD that do not want to and will not stop using drugs," SSDP said. "Young people have feared and faced the consequences of punitive drug policies and shouldered the burden of caring for their peers who use drugs for far too long. Young leaders calling for drug policy reform recognize that simply using drugs is not problematic and that we can support the safe and prosperous futures of People Who Use Drugs (PWUD) without forcing them to stop as a pre-condition for compassion, care, and opportunity."

Although only time will tell, for drug reformers, the Biden administration is looking like a step in the right direction, but only a step, and its policy prescriptions are limited by a vision of drug use rooted in the last century. Perhaps they can be pressured and prodded to plot a more progressive drug policy path.

Record Support for MJ Legalization in Quinnipiac Poll, CA Psychedelic Decrim Bill Advances, More... (4/15/21)

A Minnesota marijuana legalization bill continues to move in the House, the acting drug czar pledges more funds for drug treatment and greater access to overdose reversal drugs, and more.

Coca and cocaine are on the mind of the Colombian government this week. (Pixabay)
Marijuana Policy

Quinnipiac Poll Has Record High Support for Marijuana Legalization. A new Quinnipiac University poll has support for marijuana legalization at 69%, the highest number ever reported in the poll. That's an increase of 18 points since Quinnipiac first polled the question in 2012. There was majority support for legalization in every demographic group, even people over 65 (51%) and Republicans (62%).

Minnesota Marijuana Legalization Bill Wins 6th Committee Vote. A marijuana legalization bill, House File 600, won a sixth House committee vote Wednesday in the Judiciary Finance and Criminal Law Committee. It now goes to the State Government Elections and Finance Committee.

Drug Treatment

Acting Drug Czar Pledges to Expand Drug Treatment as Overdose Deaths Rise. Regina M. LaBelle, acting director of the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) told House lawmakers Wednesday the administration is moving to muster significant federal resources to close gaps in drug treatment availability and make overdose reversing medications more available. She noted that the administration last week submitted its proposed budget to Congress, which included more than $10 billion for addiction programs, an increase of 57% from current funding levels.

Psychedelics

California Psychedelic Decriminalization Bill Wins Another Committee Vote. The Senate Health Committee voted 6-2 Wednesday to a bill to decriminalize the possession of a variety of psychedelics, Senate Bill 519. The legislation sponsored by Senator Scott Weiner (D-San Francisco) now heads to the Senate Appropriations Committee.

International

Colombia Government Issues Decree Setting the State for Resumption of Aerial Fumigation of Coca Crop. In a joint message this week, Justice Minister Wilson Ruiz and Defense Minister Diego Molano announced Presidential Decree 380, which sets guidelines for the "program for the eradication of illicit crops by aerial spraying." While ministers clarified that the framework "does not automatically reactivate the Program," it is another step in Conservative President Ivan Duque's long-desired effort to reactivate the program, which was halted by former President Juan Manuel Santos in 2015 after the World Health Organization (WHO) deemed it "probably carcinogenic to humans."

Colombia Congress Debates Bill to Regulate Coca and Cocaine. The Congress has begun debate on a bill that would regulate coca and its derivatives. The bill is from two opposition parties, the Green Alliance and the Indigenous and Social Alternative Movement (MAIS). "Ending the drug trafficking business implies turning drug trafficking into a bad business for the mafias, and this is achieved by regularizing the business by the State. Let's remove it from the logic of violence," said Liberal Senator Luis Fernando Velasco. The debate continues.

CA Psychedelic Decrim Bill Advances, CT Marijuana Legalization Bill Advances, More... (4/7/21)

New York police will no longer be able to search vehicles based solely on the smell of marijuana, the Montana House passes a trio of competing legalization implementation bills, a cartel massacre in Mexico leaves more than two dozen dead, and more.

LSD and other psychedelics would be decriminalized under a bill advancing in California. (Creative Commons)
Marijuana Policy

Connecticut Governor's Marijuana Legalization Bill Advances. A marijuana legalization bill supported by Governor Ned Lamont (D), House Bill 5853, passed the General Assembly Judiciary Committee on Tuesday. But lawmakers cautioned that changes are coming to the bill as it winds through the committee process. The bill awaits further action in the Senate.

Montana House Advances Three Marijuana Legalization Implementation Bills. The House on Tuesday approved three competing Republican-backed bills for regulating legal marijuana after voters approved it in November. The bills all departed from the voter-approved initiative, which called for legal sales to begin next January and for many revenues to be used for conservation efforts. Republican legislative leaders urged lawmakers to approve all three, arguing that doing so would give the Senate more options as it considers its course of action.

New York Police Will No Longer Be Able to Search Vehicles Solely Because of the Smell of Marijuana. With the legalization of marijuana possession now in effect, police in the state will no longer be able to search vehicles based solely on the smell of weed. More than three ounces of marijuana -- the personal possession limit -- will have to be visible to create the probable cause required to do a search. "While law enforcement across the state are continuing to review and discuss the ramifications of the new laws, what is clear is the fact we cannot search vehicles based on the odor of cannabis or even witnessing small quantities of cannabis," said Chautauqua County Sheriff James Quattrone.

New Orleans City Council to Take Up Marijuana Decriminalization Resolution. Council President Helena Moreno and five council members have filed a resolution to support an effort in the state legislature to decriminalize marijuana possession in the state. "This is just common sense at this point, from criminal justice reform to job creation to funding critical needs," said Moreno. "It addresses a fundamental source of racial and economic inequity in our criminal justice system. Public support for decriminalization is finally catching up to the truth: black and brown communities bear the brunt of marijuana enforcement, disrupting lives and reinforcing existing biases while failing to make any appreciable effect on public safety. And because of this reality, the taxation piece must be a thoughtful one. Investment in communities of color must be prioritized… Let's do this, the time is now."

Psychedelics

California Psychedelic Decriminalization Bill Advances A bill that would decriminalize the use and possession of several psychedelic drugs, Senate Bill 519, passed its first legislative hurdle Tuesday as it won approval in the Assembly Public Safety Committee. It now heads for the Assembly Health Committee before going for an Assembly floor vote. "By decriminalizing we're not inviting people to use. We're taking, instead of a criminal approach to drug use, a health-minded approach," bill sponsor state Sen. Scott Wiener (D-San Francisco) told the committee before the vote.

Harm Reduction

Nevada Naloxone in Schools Bill Advances. A bill to allow schools to get overdose reversal drugs has passed the Assembly Health and Human Services Committee. The measure, Assembly Bill 205, amends an existing law allowing school officials to have Epi-Pens on hand to prevent anaphylactic shock to add auto-injector devices containing drugs such as naloxone.

Vermont Buprenorphine Decriminalization Bill Advances. The House Human Services Committee on Tuesday approved House Bill 225, which would decriminalize the possession of small amounts of the opioid-addiction medication buprenorphine. The bill passed unanimously in committee and now heads for a House floor vote.

International

Mexico Marijuana Legalization Bill Wins Second Committee Vote in As Many Days. The Second Legislative Studies Committee approved a rapidly-advancing marijuana legalization bill Tuesday, one day after it won approval in the Justice Committee. It must still get through the Health Committee, which could happen as early as Wednesday, clearing the way to a final Senate vote as early as Thursday.

Mexico Cartel Massacre Leaves 27 Dead in Michoacan. The Jalisco New Generation Cartel (CJNG) is being blamed for the mass killing of rival gang members in the municipality of Aguililla, Michoacan, last week. The Citizens' Intelligence Unit said that member of United Cartels had surrendered to the CJNG and were subsequently executed. And now, someone has stolen 26 of their bodies and eight decapitated heads from the local morgue.

Federal Drug Cases Continue to Decline, Schumer Ready to Move Ahead With Legalization, More... (4/5/21)

DC's mayor is ready to move ahead with legalizing marijuana sales, Senate Majority Leader Chuck Schumer is ready to move ahead with federal marijuana legalization, and more.

Magic mushrooms and other natural entheogens are now deprioritized in a third Massachusetts city. (Creative Commons)
Marijuana Policy

Senate Majority Leader Says Democrats Are Ready to Push Ahead on Marijuana Legalization Whether President Supports It or Not. Senate Majority Leader Chuck Schumer (D-NY) said that even though President Joe Biden (D) only supports marijuana decriminalization, "we will move forward" even if the president doesn't get on board. "He said he's studying the issue," Schumer said. "I want to make my arguments to him, as many other advocates will. But at some point, we're going to move forward, period." Schumer also clarified that: "I am personally for legalization. And the bill that we'll be introducing is headed in that direction."

Nevada Bill Would Allow for Marijuana Consumption Lounges. Assemblyman Steve Yeager (D-Las Vegas) has filed a bill that would allow for marijuana consumption lounges to operate in the state. While marijuana is legal, it is illegal to consumer it in public or in hotel rooms, and Yeager said that presents a conundrum for residents and tourists. "They can't bring it into their hotel rooms. They can't consume it outside," Yeager said. The bill, introduced Friday, is not yet available on the state legislative web site.

DC Mayor Says City is Ready to Legalize Marijuana Sales Once Congress Gets Out of the Way. Mayor Muriel Bowser (D) said last Friday that city officials are ready to move forward with implementing legal marijuana sales once Congress removes a rider that has prevented the city from doing so. "We have a tax-and-regulates scheme. We've prepared our alcohol and beverage office to be prepared to implement regulation," she said. "And we have to we have to get the hurdle of Congress out of the way."

NYPD Says You Can Now Smoke a Joint in Public. In the wake of Governor Andrew Cuomo's (D) signing marijuana legalization into effect, with the legalization of possession of small amounts in effect immediately, the NYPD has issued a memo noting that people can smoke marijuana in public anywhere they can smoke a cigarette in public. Smoking marijuana on sidewalks or front stoops is no longer "a basis for an approach, stop, summons, arrest, or search" the department memo said. But the city bans smoking in parks and at beaches, so there is no marijuana smoking allowed there, either.

Psychedelics

Third Massachusetts City Approves Psychedelic Decriminalization. Last Thursday night, the Northampton City Council approved a resolution calling for the deprioritization of drug law enforcement against natural psychedelics. Included are psilocybin, ayahuasca, and a number of other entheogenic plants and fungi. The measure passed on a unanimous vote, making Northampton the third city in the state to enact such reforms, after Somerville and Cambridge.

Drug Treatment

ACLU, NYCLU Sue New York County over Methadone Access in Prison. The ACLU and its state affiliate, the New York Civil Liberties Union filed a lawsuit Monday against Jefferson County seeking to compel the Jefferson County Correctional Facility to provide access for methadone treatment for opioid use disorder. The county bans methadone treatment for prisoners, which plaintiffs argue violates state civil rights law, the US Constitution, and the Americans with Disabilities Act.

Law Enforcement

Sentencing Commission Report Decline in Drug Prosecutions Last Year. During Fiscal Year 2020, federal prosecutors filed some 64,565 criminal cases, a decline of 15.6% over the previous year, "reflecting the impact of the COVID-19 pandemic on the work of the courts." Drug possession cases continued a five-year decline, dropping 22%, while drug trafficking cases, which had gone up slightly in Fiscal Year 2019, had declined 17% in FY 2020. The most common federal prosecutions were immigration cases, accounting for 41% of all federal prosecutions.

NY Governor Signs Marijuana Legalization into Law, Biden White House Sets Drug Policy Priorities, More... (4/1/21)

The Biden administration has filed a brief with the Supreme Court supporting an effort to expand sentencing reductions under the 2018 First Step Act, the New Mexico legislature has voted to legalize marijuana, and more.

New York State Capitol
Marijuana Policy

New Mexico Lawmakers Approve Marijuana Legalization, Governor Will Sign Bill. New Mexico has become the second state in as many days to see lawmakers approve marijuana legalization. New York did it on March 30, and with the approval of House Bill 2, the Cannabis Regulation Act, and Senate Bill 2, the Expungement of Certain Criminal Records Act, by legislators in Santa Fe, New Mexico got it done on March 31. Governor Michelle Lujan Grisham (D) supported the effort and says she will sign the bills into law.

New York Governor Signs Marijuana Legalization Bill into Law. One day after the legislature passed Senate Bill 854, the Marijuana Regulation and Tax Act, Governor Andrew Cuomo (D) signed it into law Wednesday. That makes the state the 15th to legalize marijuana.

Asset Forfeiture

North Dakota Legislature Approves Asset Forfeiture Reporting Bill. The state Senate on Wednesday approved House Bill 1480, which would impose new reporting requirements for property seized by police. The bill would require more information be provided in courts' forfeiture judgments, including where the seizure took place, the alleged crime, and the outcome of the case. The bill now goes to the desk of Governor Doug Burgum (R), who has three legislature days to either sign or veto it.

Drug Policy

Biden Administration Releases First Year Drug Policy Priorities. Citing the nation's "overdose and addiction crisis," the Biden administration on Thursday laid out a set of drug policy priorities for its first year. "President Biden has made clear that addressing the overdose and addiction epidemic is an urgent priority for his administration… President Biden has also said that people should not be incarcerated for drug use but should be offered treatment instead. The President has also emphasized the need to eradicate racial, gender, and economic inequities that currently exist in the criminal justice system."

Sentencing

Biden Administration Urges Leniency for Harsh Crack Sentences. The Biden administration on Wednesday filed a brief with the Supreme Court endorsing an effort by low-level crack cocaine offenders to obtain reduced sentences. The brief urged the court to widen eligibility for sentence reductions for some drug offenses under the 2018 First Step Act. The Supreme Court will hear arguments in the case, Tarahrick Terry v. U.S., No. 20-10482, on May 4.

Drug Decriminalization is Starting to Show Up at the Statehouse [FEATURE]

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

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

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

Kansas -- Drug Decriminalization with an Authoritarian Twist

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

Maryland -- Decriminalization of Drug Paraphernalia

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

New York -- Drug Decriminalization

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

Vermont -- Drug Decriminalization

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

Virginia -- Drug Decriminalization Study

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

Washington -- Drug Decriminalization

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

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

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