A new Pew poll has a supermajority for medical marijuana, New York rolls out its first three dozen pot shop licenses, and more.

The black market cocaine trade continues to drive violence in Colombia. (Creative Commons)

Pew Poll Finds Supermajority for Medical Marijuana, Strong Majority for Legalization. A new Pew poll finds continuing strong support for both medical marijuana and broader marijuana legalization. Support for legalization for adults was at 59 percent, while an additional 30 percent also supported legalization for both medical and recreational use, bringing its level of support for medical marijuana to 89 percent. Only 10 percent said marijuana should remain illegal. The findings are largely unchanged from a Pew poll in April 2021. People in every age group indicated majority support for recreational marijuana except for those 75 and over. Only 30 percent of that group supported recreational legalization. Nearly three-quarters (73 percent) of Democrats supported recreational legalization, while only 45 percent of Republicans did. Among racial groups, Blacks were most supportive at 68 percent, followed by Whites at 60 percent, but neither Hispanics (49 percent) or Asians (48 percent) reported majority support for recreational legalization.

New York Award First Three Dozen Legal Pot Licenses; They Go to Social Equity, Non-Profit Applicants. State regulators awarded 37 licenses to legally sell marijuana on Monday. The licenses went to people with prior marijuana convictions and non-profits, including the anti-poverty Doe Fund and Housing Works. The move comes a year and a half since the state approved marijuana legalization. In the meantime, unlicensed sales have proliferated, especially in New York City. The state's Office of Cannabis Management also approved eight new licenses for marijuana processors, bringing the total to 32, and three new licenses for testing lab, bringing that total to seven. The retail pot shop licensees will be able to open up to three shops with each license.

Oregon Governor Issues More Than 47,000 Pardons for Marijuana Possession Convictions. Outgoing Gov. Kate Brown (D) announced Monday that she has issued pardons for 47,144 marijuana possession convictions affecting some 45,000 people. The pardons are for people caught with less than an ounce of pot who were at least 21 at the time of their arrest and go up to July 2016, when marijuana became legal in the state. The pardon action also forgives more than $14 million in fines and fees associated with the busts. "No one deserves to be forever saddled with the impacts of a conviction for simple possession of marijuana — a crime that is no longer on the books in Oregon." Issuing the pardons represents an effort "to right the wrongs of a flawed, inequitable, and outdated criminal justice system in Oregon when it comes to personal marijuana possession," she added.

South Carolina Poll Has Supermajority Support for Medical Marijuana, Majority Support for Legalization. A new Winthrop poll has support for medical marijuana at a whopping 78 percent and support for marijuana legalization at 54 percent. The poll comes months after a medical marijuana bill passed the Senate only to die in the House. One GOP congresswoman described legislators who blocked reform as being "on the wrong side of history." On medical marijuana, 82 percent of Democrats and 71 percent of Republicans were in favor, but when it comes to full legalization, two-thirds (67 percent) of Democrats were in favor, but only 39 percent of Republicans were.

International

Clashes Between Colombian Cocaine Traffickers Leave 18 Dead Near Ecuador Border. Rival drug trafficking groups engaged in a shoot-out last Saturday in southwest Colombia near the border with Ecuador, leaving a toll of at least 18 dead. On one side were holdouts from the former rebel army FARC who have rejected a 2016 FARC truce with the government. On the other side was a drug trafficking group known as Comandos de la Frontera (Border Commando), who also include former FARC fighters as well as remnants of a rightist paramilitary group that traffics cocaine to Ecuador and Brazil. The two groups have been fighting over control of the trade in the area for at least three years. The rebel FARC faction, also known as the Carolina Ramirez Front, has held exploratory talks with the government of President Gustavo Petro aimed at a truce, but nothing has come of that yet. 

A federal judge throws a wrench in the works as New York tries to get legal pot shops open, Houston cops and prosecutors have dozens of tainted drug cases but still want to keep seized money from them, and more.

Asset forfeiture remains tempting for cops. (Creative Commons)

Federal Judge Blocks Marijuana Licenses for Several New York Regions. Marijuana retail licenses are on hold in several regions of the state after a federal judge temporarily blocked the state from issuing them in response to a lawsuit from a Michigan company that had been denied approval to operate in the state. District Court Judge Gary Sharpe issued the injection after the company, Variscite, challenged the social equity provision in the state law that requires that licenses be awarded to people who have been affected by drug laws in the state. The primary owner of Variscite was convicted of a marijuana-related offense, but in Michigan, not New York. The injunction impacts five regions where Variscite had sought a license to operate: Finger Lakes, Central New York, western New York, the Mid-Hudson and Brooklyn. The injunction comes as the state Office of Cannabis Management was preparing to issue an initial round of licenses by the end of the year.

Asset Forfeiture

New York's Albany County Comptroller Finds Sheriff's Use of Seized Funds Violated State Law. County Comptroller Susan Rizzo has released an audit that finds that Sheriff Craig Apple's use of asset forfeiture funds violates the state comptroller's opinion guiding how the money should be spent. This is the second audit in a year to find problems with how forfeited funds are being used in the county. The new audit finds that "state and federal forfeiture funds were donated to community based organizations, sports programs and town events which do not meet the criteria for law enforcement or criminal prosecution purposes." The sheriff defended his spending decisions saying, "I see the need to fund youth sports, programs and organizations that promote positive youth engagements."

Houston PD Drops Cases Tainted by Corrupt Narcotics Officers but Decides It Can Still Keep Seized Cash. In the wake of a notorious 2019 drug raid that left two innocent homeowners dead and resulted in the indictment of 11 narcotics officers, Houston prosecutors dropped dozens of cases and prosecutions, but they are refusing to return seized cash from the questionable raids and arrests. "Prosecutors are currently reviewing several cases related to Squad 15 to determine if they involve assets that should be returned to members of the community," said Dane Schiller, spokesman for the Harris County District Attorney's Office. These include cases where the charges have been dropped but police have refused to return money to the victims of police misconduct. The city has retained at least $75,000 seized in operations that are now viewed as too problematic to allow criminal prosecutions to go forward, but that figure represents only a fraction of the monies seized by tainted dope squad members.

International

Global Commission on Drugs Report Calls for Decriminalization and Regulation of All Drugs in Colombia. At a forum in Bogota Thursday, the Global Commission on Drug Policy released its new report, "Drug Policy in Colombia: The Path to Fair Regulations," which calls for drug legalization in the country and lays out five recommendations for getting there: move to legal regulation of currently illicit drugs, prioritize human rights, decriminalize drug possession and consumption, decrease funding for military budgets and increase funding for civil authorities, and strengthen institutions to create a strong human rights approach.

Prisoners and advocacy groups call on the Bureau of Prisons to clean up its act, Colombia's new president has some words for the US, and more.

Colombian President Gustavo Petro continues to push against the war on drugs. (Creative Commons)

San Francisco Effectively Decriminalizes Natural Psychedelics. The city's Boad of Supervisors voted unanimously Tuesday night to approve a resolution that effectively decriminalizes natural psychedelics. The resolution includes the "full spectrum of plants, fungi, and natural materials that can inspire personal and spiritual well-being," and includes ayahuasca, DMT, ibogaine, mescaline, psilocybin. The resolution also allows for the "planting, cultivating, purchasing, transporting, distributing, engaging in practices with" those substances and provides no limits on quantities that may be possessed. The resolution effectively decriminalizes these substances by designating them the lowest law enforcement priority, but they remain illegal under state and federal law. San Francisco now joins Arcata, Oakland, and Santa Cruz among California cities that have embraced such measures. A dozen other citizens around the country have, too.

Incarceration

Incarcerated People and Advocacy Organizations Urge Reform of US Bureau of Prisons. In a letter Tuesday to federal Bureau of Prisons Director Colette Peters, current and former federal prisoners and an array of sentencing, drug policy, and other advocacy groups called on her to "bring the Bureau into compliance with federal law and to lead the Bureau toward a more humane future grounded in transparency and accountability." The letter cited a number of issues and concerns, including unsafe and inhumane prisons, the need for the Bureau to use its power to seek compassionate release, the need for the Bureau to comply with the First Step Act (there are chronic delays in releasing people who qualify), and the pervasiveness of abuse, corruption, and misconduct. In addition to individual signers, the letter was endorsed by the ACLU, Citizens United for the Rehabilitation of Errants (CURE), the Drug Policy Alliance, Fair and Just Prosecution, Federal Public and Community Defenders, the National Association of Criminal Defense Lawyers, National Council of Churches, and the Sentencing Project, which organized the campaign.

Foreign Policy

Colombian President Warns US Drug War Has Failed, Change Must Come. President Gustavo Petro warned the US on Wednesday the he believes the US-led war on drugs in his country is a failure and called for substantial changes in drug policy. The statement came after he met with the commander of the United States Southern Command, General Laura Richardson.  "We were now talking at length with General Laura Richardson … about the failure of the anti-drug policy. I think it should be called without fear: the policy that (Richard) Nixon had in the time It was called the War on Drugs, has failed here," said Petro from the presidential palace. "It is our duty before the United States, but also before the world, to not only say this, but to propose alternatives that will not kill more than a million Latin Americans."

Colombia is the world's largest coca and cocaine producer, and Petro said that his own country is "the biggest culprit" because rural poverty makes drug cultivation and trafficking an attractive livelihood. Petro has moved to restrict the aerial spraying of herbicides and limited the resort to forced eradication of coca crops, promoting voluntary crop substitution instead. He is also proposing changes in the extradition treaty between Colombia and the US to allow those who cooperate with Colombia to avoid extradition to the US.

International

United Kingdom Blocks Bermuda from Legalizing Marijuana. In a rare move, the UK's Governor for Bermuda, who, as the queen's representative typically provides pro forma assent to the Bermudan government's actions, has intervened to block marijuana legalization in the British Overseas Territory. Even as incoming British Prime Minister Liz Truss was vowing to "stand up for freedom and democracy around the world," her government was directing the governor to block the marijuana legalization bill. "I have now received an instruction, issued to me on Her Majesty’s behalf, not to Assent to the Bill as drafted," the governor said. "The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda"under international anti-drugs conventions dating back to 1961. Liz Truss was foreign secretary until Tuesday when she became prime minister. In a statement, the Bermudian government said the move was "disappointing, but not surprising, given the confines of our constitutional relationship with the UK government and their archaic interpretation of the narcotic conventions. The Bermudian government said it would continue to move forward on marijuana legalization, which could put the country on a collision course with the UK. "The people of Bermuda have democratically expressed their desire for a regulated cannabis licensing regime, following the strong endorsement at the ballot box and an extensive public consultation process. The Government of Bermuda intends to continue to advance this initiative, within the full scope of its constitutional powers, in keeping with our 2020 general election platform commitment." Bermudian Premier David Burt has not commented on this move, but warned earlier that: "If Her Majesty’s representative in Bermuda does not give assent to something that has been passed lawfully and legally under this local government, this will destroy the relationship we had with the United Kingdom."

Colombia's new president says he will not extradite drug traffickers who quit the trade and comply with surrender conditions, a California bill to protect employees who use marijuana off-the-job is moving, and more.

California Bill to Protect Marijuana-Using Employees Awaits Senate Floor Vote. A measure that would ban employers from firing or punishing workers who use marijuana outside of work hours has already passed the Assembly and now awaits a Senate floor vote. Assembly Bill 2188, sponsored by Assemblyman Bill Quirk (D-Hayward), would bar the use of hair, urine, and other bodily fluid tests for marijuana for employment purposes, with exemptions for workers subject to federal regulations or in safety-sensitive positions. The bill would, however, allow for saliva testing, which picks up the presence of active THC, not the inactive metabolites detected in hair and urine tests. If the bill passes, it is not clear Gov. Gavin Newsom (D) would sign it; he is subject to competing pressures on the topic, with the Chamber of Commerce and other business and retail groups opposing it.

South Dakota Poll Suggests Marijuana Legalization Could Lose in November. A new poll from Mason-Dixon Polling & Strategy has the IM 27 marijuana legalization initiative with the support of only 43.8 percent of respondents, with 54.4 percent opposed to legalization. But the poll of 500 registered voters is raising some eyebrows, given that just two years ago, voters in the state approved a marijuana legalization initiative with 54 percent of the vote (only to see it overturned by the state Supreme Court).

Matthew Schweich, campaign director for South Dakotans for Better Marijuana Laws, pointed to some anomalous findings, such as support in the Sioux Falls metro area being at only 38.6 percent. But in 2020, the Sioux falls metro area state Senate districts all reported at least 57 percent approval for legalization and one had the highest support of any district in the state at 72.7 percent.

"When I look a little deeper, I found things that do not make sense to me," said Schweich. "Some of the numbers don't really make sense and conflict strongly with previous data that we've seen. I see this as a flawed poll, but one that I still need to keep in the back of my head as motivation to keep working hard," Schweich said. "I'm not going to dismiss this poll entirely, and it's a reminder that we have to work really hard and not take anything for granted because in recent times, it's gotten harder and harder to predict what an electorate will look like."

Psychedelics

DEA Moves to Ban Two Obscure Psychedelics. The DEA is moving to place two obscure psychedelics on Schedule I of the Controlled Substances Act, despite little evidence regarding addiction or other harms. The two substances are DOI (dimethoxy-4-iodoamphetamine) and DOC (2,5-dimethoxy-4-chloroamphetamine), first synthesized by psychedelic researcher Alexander Shulgin. Little research has been done on the hallucinogens, but they are said to have subjective effects similar to LSD but lasting longer. DEA says the two drugs have "potential" for abuse, but also says "To date, there are no reports of distressing responses or death associated with DOI in medical literature" and "The physiological dependence liability of DOI and DOC in animals and humans is not reported in scientific and medical literature. DEA also notes that in the past 17 years there has been one death of someone using DOC, but that was "in combination with other drugs."

International

Colombia's President Says Will Not Extradite Drug Traffickers Who Fulfill Deals with the Government. President Gustavo Petro on Wednesday said that drug traffickers who abandon the trade and comply with government surrender conditions will not be extradited to the United States. He also said his government, which was sworn in this month on a vow to bring "total peace" to the country, was reaching out to various armed groups who want to negotiate an end to the conflict.

The US views extradition as a vital tool against the drug trade, but Petro has questioned its effectiveness, and it has been a sore point for many Colombians. "Drug traffickers who do not negotiate with the state will be extradited, drug traffickers who negotiate with the state and re-offend will be extradited, without any kind of negotiation, to the United States," Petro said after a meeting with Spanish Prime Minister Pedro Sanchez. "Drug traffickers who negotiate legal benefits with the Colombian state and definitively stop being drug traffickers will not be extradited," he said.