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)

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.

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 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.

A second marijuana legalization bill gets filed in Texas, New York's push to legalize marijuana hits a slight bump in the road, and more.

Oklahoma has a whopping 10,000 licensed medical marijuana businesses. Some lawmakers say that's enough. (Creative Commons)

New York Marijuana Legalization Talks Stuck Over Impaired Driving Policy. Senate Majority Leader Andrea Stewart-Cousins (D) said Tuesday that talks over advancing marijuana legalization "reached a little bit of an impasse" over a provision on impaired driving. But she added that "I'm optimistic it can be resolved sooner rather than later" and that legalization is "a matter of when, not if."

Texas Representative Files Marijuana Legalization Bill. State Rep. Jessica Gonzalez (D-104) has filed a marijuana legalization bill, House Bill 3248. Under the bill, cities and counties would be able to adopt an ordinance allowing recreational use and sales, which would be taxed at 10%. Another marijuana legalization bill, House Bill 447, filed by Rep. Joe Moody (D-78), would legalize the possession of up to 2.5 ounces and allow for up to 15 plants to be grown for personal use.

Medical Marijuana

Georgia Medical Marijuana Expansion Bill Filed. State Rep. Pedro Marin (D-Duluth) has filed House Bill 738, which would make it legal to manufacture, produce and dispense medical marijuana to people who need it. "Currently, Georgia law only provides for the prescription of a limited low THC oil for Georgians with severe medical conditions," Marin said. "Legalizing medical marijuana, not just low THC oil, would benefit and help relieve pain that people living with serious medical conditions experience every day."

Oklahoma House Passes Bill to Limit Medical Marijuana Businesses. The House has passed House Bill 2272, which would temporarily limit the number of medical marijuana business licenses for growers, processors, and dispensaries in the state. Bill author Rep. Josh West (R-Grove) said the bill was aimed at combatting the black market. "I think that we do have a thriving medical marijuana industry in the state of Oklahoma," West said. "At the same time, we have a thriving black market industry in the state of Oklahoma too so this may not stop it completely, but I think this slows it down." There are currently more than 10,000 licensed medical marijuana businesses in the state.

Drug Treatment

COVID Relief Bill Contains $4 Billion for Drug Treatment and Mental Health. The American Rescue Plan Act (D) signed into law last week includes nearly $4 billion in emergency funding for substance use and mental health programs. Included is $1.5 billion in block grants for drug treatment and prevention, another $1.5 billion for mental health services block grants, and $420 million for expansion grants for certified community health clinics, among other programs. Increased stress amidst the pandemic has led to increased use of opioids and stimulants, according to the American Psychological Association.

Marijuana legalization bills advance in Hawaii and New Mexico, a pot prisoners' group calls on President Biden to grant clemency to federal marijuana offenders, a California bill to end mandatory minimum sentences for drug offenses advance, and more.

Marijuana legislation is popping up all over the place. (Creative Commons)

Last Prisoner Project Calls on Biden to Grant Clemency to Federal Marijuana Prisoners. The Last Prisoner Project, a nonprofit organization dedicated to cannabis-related criminal justice reform, has launched 'A Time To Heal,' an advocacy campaign calling on President Biden to leverage his clemency power to commute the sentences of thousands of people unjustifiably incarcerated due to federal marijuana-related violations. The advocacy organization is also encouraging the President to issue grants to the tens of thousands more still struggling because of the collateral consequences of a federal cannabis conviction. "President Biden himself has acknowledged that 'nobody should be in jail for a nonviolent crime'. We're encouraging him to turn his words into action and use the most immediate tool at his disposal to provide this desperately-needed relief," said project director of strategic initiatives Natalie Papillion.

Arkansas Marijuana Decriminalization Bill Filed. State Sen. Clarke Tucker (D-Little Rock) on Monday filed SB499, which would make possession of up to an ounce of marijuana an infraction punishable by a $200 fine. Possession is currently a Class A misdemeanor.

Hawaii Senate Approves Expanded Decriminalization, Marijuana Legalization Bills. The state Senate approved two separate marijuana policy reform bills on Tuesday. Senate Bill 767 would legalize the possession of up to an ounce of marijuana by people 21 and over, while Senate Bill 758 would expand the amount of marijuana that is currently decriminalized from three grams to 30 grams. Both measures passed by veto-proof margins. The bills now head for consideration by the House.

New Mexico Senate Committee Approves Two Marijuana Legalization Bills. The Senate Tax, Business and Transportation Committee on Tuesday approved a Senate bill to legalize marijuana, Senate Bill 288 on a unanimous vote and also approved a House bill to legalize marijuana, HB 12, on a 7-4 vote. Two other legalization bills were shelved by sponsors as the legislature seeks consensus on a final measure. The two remaining bills now head for the Senate Judiciary Committee. Legislation must be approved there and on the Senate floor before the session ends on March 20.

New York Coalition Forms for Final Marijuana Legalization Push. Dozens of organized labor groups, progressive organizations, and businesses are set to launch on Wednesday a coalition to make a final push for the legalization of adult-use cannabis products in New York. All told, more than 40 groups are signing onto the coalition called New Yorkers for New Revenue & Jobs, highlighting what advocates contend is one of the main selling points of legalized marijuana in New York: the millions of dollars in revenue the measure would provide in the coming years for the state and local governments. The coalition includes the New York AFL-CIO, as well as the New York Cannabis Industry Association and the Long Island Progressive Coalition.

Texas Marijuana Legalization Bill Filed. Rep. Jessica Gonzalez (D-Dallas) filed a marijuana legalization bill, HB 3248, on Monday. The bill would legalize the possession of up to 2 ½ ounces and 10 ounces at home. It has not yet been assigned to a committee.

Medical Marijuana

Florida Bill to Cap THC Levels for Medical Marijuana Wins Committee Vote. The House Professions and Public Health Subcommittee voted Tuesday to advance a bill that would cap THC levels in medical marijuana at 10% and 15% for edibles. The vote to advance HB 1455 came despite testimony from doctors and patients that the measure was an assault on medicine. It still needs to be approved by the House Health and Human Services Committee and the House Health Care Appropriations Committee before going to a House floor vote.

Psychedelics

New York Bill to Decriminalize Psychedelic Mushrooms Filed. Assemblywoman Linda Rosenthal (D) filed a bill to decriminalize psychedelic mushrooms on Monday. AO6065 is similar to legislation Rosenthal filed last year that went nowhere. It would remove psilocybin and psilocin from the state's list of controlled substances. It is now before the Assembly Health Committee.

Harm Reduction

Coronavirus Relief Bill Includes Funding for Addiction Treatment, Harm Reduction. The American Rescue Plan Act, the coronavirus relief bill passed this week by Congress, includes nearly $4 billion for substance abuse disorder and mental health, including funding for harm reduction activities such as needle exchange services, the Office of National Drug Control Policy (ONDCP -- the drug czar's office) said Wednesday. In addition to $1.5 billion for block grants for prevention and treatment of substance use disorders, the act includes $30 million in community-based funding for local substance use disorder services like syringe services programs and other harm reduction interventions.

New Jersey Harm Reduction Bills Filed. Far-reaching harm reduction expansion legislation was introduced in the Senate Health Committee earlier today. The bill package, sponsored by Senator Joe Vitale and Assemblywoman Valerie Vainieri Huttle, would reduce overdose deaths, prevent infectious disease, and connect people who use drugs to non-judgmental support. It would do this by creating a statewide standing order for naloxone (brand name Narcan), the medicine that reverses an overdose (S3491); lifting the onerous municipal ordinance requirement that limits harm reduction services (S3009); decriminalizing syringes and expunging previous convictions (S3493); making HIV prophylaxis medication available at pharmacies without a prescription (S1039); and allowing harm reduction programs to offer mail-based services (S3065). Companion measures have been filed in the House.

Sentencing

California Bill to End Mandatory Minimum Drug Sentences Advances. The Senate Public Safety Committee voted unanimously Tuesday to approve SB 73, which would repeal state laws enacted in the midst of the drug war that created mandatory minimum sentences for many drug offenses. It now goes to the Senate Appropriations Committee.