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.

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%).

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.

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.

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.

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.

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.