Drug Testing

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White House Issues Annual Drug Countries List, CA Governor Signs Forced Treatment Bill, More... (9/16/22)

A federal appeals court shoots down yet another effort to move marijuana off Schedule I, new research finds prentant Black women are more likely to be tested for marijuana, and more.

The annual list of naughty and nice drug producing and trafficking nations is released. (Creative Commons)
Marijuana Policy

Federal Appeals Court Rejects Challenge to Marijuana's Schedule I Classification. A group of defendants who had been convicted on federal marijuana charges had their bid to have the substance removed from Schedule I of the Controlled Substances Act shot down by the US 2nd Circuit Court of Appeals at the end of August. They had argued that the scheduling of marijuana had no rational basis because it does not meet the criteria for a Schedule I drug and the court should "strike the offending statutory classification as unconstitutional"and leave reclassification to Congress. But the appeals disagreed, ruling that there is a "conceivable basis" for the classification.

Blacks Disproportionately Drug Tested for Marijuana During Labor, Analysis Finds. A study published in the journal Obstetrics & Gynecology found that patients ordered to undergo marijuana-specific drug screening during the labor and delivery process are disproportionately Black and are also likely to be on subsidized health insurance plans. The research assessed drug screening practices at one St. Louis hospital and found doctors ordered marijuana-related drug tests in 753 patients out of just under 4,000 deliveries. Seventy percent of those subjected to testing were Black. Marijuana tests were also more likely for those patients who were younger or on public insurance. Most subjected to testing came up negative, but of those who did positive, 90 percent were referred to child welfare authorities, even though there were no statistically significant differences between them and other mothers in terms of preterm birth rates or other indicators of natal health.

"Isolated marijuana use was a poor predictor of other substance exposure in our cohort, but a urine drug screening test result positive for marijuana exposed a historically underserved population that is already subject to pervasive systemic racism in the medical field to further stigmatization without changing outcomes. The utility of using isolated marijuana use as a criterion for urine drug screening appears limited in benefit but rife with inequitable potential to harm and should be carefully reconsidered in labor and delivery units for necessity," the authors concluded.

Drug Treatment

California Governor Signs Forced Drug Treatment Bill. To the dismay of drug reform and mental health advocates, Gov. Gavin Newsom (D) has signed into law Senate Bill 1338, the Community Assistance, Recovery, and Empowerment (CARE) Court Act, which create a civil court system in all counties that would force people who are experiencing substance use disorder and other mental health issues to undergo an involuntary court process and treatment plan. Although the CARE Act sailed through the legislature, the proposal was opposed by a wide range of advocates who feel it is a huge step in the wrong direction. It will take away people’s basic right to make their own decisions and force them into court-mandated treatment programs, which have been shown to often exacerbate harms while worsening existing health disparities and the overrepresentation of people of color in the criminal legal system. The CARE Act will fail to meet the urgent needs of our communities or offer a path to effective evidence-based treatment, recovery and other health services for Californians who are unhoused, struggling with substance use disorder, or experiencing other mental health issues, they argued.

Foreign Policy

White House Issues Annual List of Major Drug Trafficking and Producing Countries; Contains the Usual Suspects. The White House has released its annual Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2023 and has identified the following countries as major transit or drug producing countries: Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. The annual exercise also designated four countries—Afghanistan, Bolivia, Burma, and Venezuela—as "having failed demonstrably to make substantial efforts during the previous 12 months to both adhere to their obligations under international counternarcotics agreements." Notably, all four of these countries are political foes of the US, unlike major drug producing and trafficking countries such as Colombia and Mexico, which are US allies.

Grassley, Whitehouse Lead Senate Caucus in Issuing Report onStrategies to Combat Money Laundering By Drug Cartels. Sen. Chuck Grassley (R-IA), Co-Chairman of the Senate Caucus on International Narcotics Control, and Sen. Sheldon Whitehouse (D-RR), Chairman of the caucus, havereleased a bipartisan report entitled: Strengthening U.S. Efforts to Attack the Financial Networks of Cartels. The report offers recommendations for Congress and the Biden administration to reduce the supply of illicit drugs by closing loopholes in the U.S. anti-money laundering (AML) framework that enable narcotics traffickers to obscure and access their illicit proceeds.Senate Caucus on International Narcotics Control members Richard Blumenthal (D-CT), Maggie Hassan (D-NH), Ben Ray Luján (D-NM), and James Risch (R-ID) have also endorsed the report.

Its recommendations include: Help partner nations strengthen their institutions to better defend against corruption and implement justice sector reforms; better track whole-of-government efforts to combat narcotics-related illicit finance;  deploy experts in narcotics-related illicit finance to assist partner nations; authorize innovative and effective programs to combat international money laundering, such as Trade Transparency Units; use regulatory authorities to close loopholes in the U.S. AML framework, including by: ensuring greater transparency in the cross-border transportation of stored value or prepaid access devices, and fully implementing the beneficial ownership requirements of the Corporate Transparency Act; aggressively investigate, prosecute, and pursue the maximum allowable criminal penalties for culpable banks, employees, and executives who fail to timely report suspicious transactions; and address vulnerabilities in the AML framework by swiftly enacting the Combating Money Laundering, Terrorist Finance, and Counterfeiting Act. The report does not explain how these proposals to deepen the drug war would lead to any different result than decades of previous prohibitionist measures. 

Scary MO Pot Legalization Poll, NJ Judge Throws Out 2,000 Drug Cases, More... (9/13/22)

Germany moves to ban an LSD derivative, a new pol lhas the Missouri marijuana legalization initiative trailing, and more. 

Alabama routinely holds pregnant women drug offenders in jail without bond. (Creative Commons)
Marijuana Policy

Missouri Poll Has Legalization Initiative Trailing. The constitutional amendment to legalize marijuana, Amendment 3, faces an uphill fight, according to a new poll from the Remington Research Group and Missouri Scout. That poll had 43 percent in favor of the initiative with 47 opposed and 11 percent undecided. But Legal Missouri, the group behind the initiative, pointed out that previous polling had shown majority support for legalization and that this "same pollster and political newsletter predicted medical cannabis might not pass in 2018, weeks before 66 percent of Missourians voted for it on the ballot." Still, the poll numbers are concerning

Drug Testing

New Jersey Judge Throws Out More Than 2,000 Cases Where Drug Tests Were Mishandled. Superior Court Judge Edward Jerejian has dismissed more than 2,000 drug charges after a review spurred by a mishandled drug analyses at a State Police laboratory. The same judge initiated the review in 2016 after a lab worker reported that a technicians was filing test results without actually testing the samples. The review spanned more than 10,000 drug charges over 10 years and found more than 2,000 cases that merited dismissal. People who had charges dismissed may be eligible for reimbursement. The lab tech responsible retired before the probe began and was never charged. The review has caused the State Police to adopt more strenuous drug testing methods using mass spectrometry and gas chromatography.

Pregnancy

Alabama Routinely Holds Pregnant Women Arrested for Drug Offenses in Jail Until Trial to Protect Fetuses. Under state law, pregnant women arrested for drug offenses are not allowed to post bail and must stay in state custody—either in jail or drug treatment—until giving birth. Alabama leads the nation in imprisoning pregnant women who have drug charges but is hardly alone, and Etowah County is a real hotbed. It has jailed 150 pregnant women in recent years and is currently holding 12 behind bars.

The trend of imprisoning pregnant and postpartum women for supposedly endangering their fetuses is growing nationwide. According to National Advocates for Pregnant Women, there where 413 pregnancy prosecutions from 1973, when Roe v. Wade was decided, until 2005. But since then, there have been more than 1,300 more cases. Now, in the post-Roe era, expect more such prosecutions, said NAFPW's Afsha Malik. "We know that we’re going to see more examples of pregnant people being criminalized for behavior that may be [seen as] justified for the general public, like using substances," she said. "[Other] cases that we’ve seen are going to accelerate, like [for] falling down the stairs, having a home birth, not seeking prenatal care, having HIV, having a self-induced abortion, and experiencing a pregnancy loss.”

International

Germany Moves to Ban LSD Derivative. The federal government has sent a draft ordinance banning 1-V-L-LSD, a derivative of LSD, to the Bunderat, where it is set to be discussed on Friday. It would add the substance to an existing ban on new psychoactive substances. It is currently available in shops and online. "The substance 1-V-LSD is a substance with a psychedelic effect, which is converted to LSD when it passes through the body and is already represented on the drug market for purposes of abuse," the draft says. Drug Commissioner Burkhard Blienert said people supplying the drug were "unscrupulous players in the drug market"and 

Poll Finds SAFE Banking Act Has Broad Support, DEA Fentanyl Scaremongering, More... (9/7/22)

Missouri's Republican governor rejects a call to include marijuana legalization in an upcoming special session, a DC court reverses the firing of a medical marijuana-using employee accused of being high on the job, and more.

"Rainbow" fentanyl--not aimed at kids, experts say. (Multnomah County Sheriff)
Marijuana Policy

Survey: Most Voters Support Federal Banking Reforms for Licensed Marijuana Retailers. The overwhelming majority of voters believe that federal law should be amended so that state-licensed marijuana businesses can readily utilize banks and other financial services, according to national survey data compiled by Morning Consult and commissioned by the Independent Community Bankers of America. Consistent with prior survey data, 65 percent of respondents “support allowing cannabis-related businesses to have access to banking services in states where cannabis is legal.” Moreover, 63 percent of voters agree that allowing cannabis-related businesses to access the banking system will help improve public safety, and 58 percent say that it is “important” that members of the U.S. Senate vote to establish a safe harbor for licensed cannabis businesses. The SAFE Banking Act (HR 1996), which would do just that, has repeatedly passed in the House only to be blocked in the Senate by Senate Majority Leader Charles Schumer (D-NY) and his allies, who are holding out for passage of a full-fledged marijuana legalization bill.

Missouri Governor Will Not Include Marijuana Legalization in Special Session. Efforts to do a legislative end run around a pending marijuana legalization constitutional amendment (Amendment 3) have come to naught after Gov. Mike Parson's office said Tuesday that he will not expand the scope of his upcoming legislative special session to consider legalizing marijuana. "The call will not be amended to include marijuana legalization," Kelli Jones, spokeswoman for Parson, said. Lawmakers hoping to blunt momentum for the measure had called on the governor to include marijuana legalization, but even though Parsons has called Amendment 3 "a disaster," he demurred.

Medical Marijuana

DC Court Reverses Firing of Government Worker Who Tested Positive for Marijuana. An administrative court in the DC Office of Employee Appeals (OEA) has reversed the firing of medical marijuana patient and city government employee who was accused of being high on the job and later tested positive for marijuana. The employee argued that the city's communications office falsely accused her of being impaired because her eyes were red and she was talking quietly. She pointed out that her eyes were red because she had spent the previous night at a hospital sitting beside a relative who had overdosed. She also presented a valid medical marijuana patient card. The court held that the communications office was negligent in how it handled the process for reasonable suspicion of impairment from drugs. The judge noted that supervisors allowed her to continue working after they accused her of being impaired: "Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted," the judge wrote in the ruling. 

Opioids and Opiates

DEA Warning that Colored Fentanyl Pills Are Aimed at Kids is Nonsense, Experts Say. On August 30, the DEA warned the public about fentanyl in colorful pills being sold by "drug cartels" to "made to look like candy to children and young  people," calling it "Rainbow fentanyl" and charging that it is "a deliberate effort by drug traffickers to drive addiction amongst kids and young adults." But drug policy experts said such statements were misleading—and used harsh terms in doing so.

The charge is "typical drug war bullshit," said Dr. Nabarun Dasgupta, a pharmaceutical scientist at the University of Carolina at Chapel Hill. DEA's framing "was so divorced from any reality of what drug markets are actually like, it was almost laughable that our country's top drug enforcement folks are so out of touch.We've been talking about colored dope for years. This is like completely nothing new."

Claire Zagorski, a licensed paramedic, program coordinator and harm reduction instructor for the PhARM Program at The University of Texas at Austin College of Pharmacy, described the DEA announcement as "old recycled drug propaganda" that echoes the perennial myth of dope-laced Halloween candy. "Why would someone give away their expensive drugs to some random person they don't know, just so they might have a bad experience? It doesn't make sense," Zagorski told Salon. "At the end of the day, drug sellers are business people, and they're not going to invest in some kind of change to their supply if they don't think there's some good return on it … Kids don't have a lot of money that their parents don't supervise or give to them. So it just doesn't make sense from a business standpoint."

PA Pot Pardon Program Unveiled, New York City Rally for Safe Injection Sites Statewide, More... (9/2/22)

New York City's child welfare agency is still holding marijuana use against parents--especially black ones--San Francisco's new DA is approaching misdemeanor drug prosecutions much like the old one she accused of being "soft on crime," and more. 

San Francisco's Tenderloin is a drug hot spot. (Creative Commons)
Marijuana Policy

New York City Child Welfare Agency Still Citing Marijuana in Family Separations Despite Legalization and Policy Changes. Marijuana legalization went into effect in New York in March 2021, but court records and interviews with people involved show that the city's child welfare agency continues to use marijuana use by parents to take their children from them. Many interviewees were parents who said "it has felt impossible to extricate themselves from deeply rooted biases in the child welfare system surrounding marijuana use, specifically toward people of color." City child welfare authorities cite parental marijuana use to justify initial separations and prolong family separations by demanding drug testing or participation in drug treatment programs. All of the parents interviewed were black and all of them said marijuana was used against them because of their race. Child welfare said official policy is not to remove children solely on the basis of parental marijuana use, but families and attorneys say the agency does not follow the policy, pointing to petitions in which the only evidence of neglect cited was parental marijuana use.

Pennsylvania Announces Month-Long Pardon Project for People with Small-Time Marijuana Convictions. Gov. Tom Wolf and Lt. Gov. John Fetterman, the Democratic nominee for US Senate in the state, who is running on a platform of marijuana legalization, announced a one-time, large-scale project to pardon people with past minor and non-violent marijuana convictions. The state Board of Pardons will accept applications for the PA Marijuana Pardon Project from Thursday, Sept. 1, through Friday, Sept. 30.  People who were convicted of simple marijuana possession or possession of marijuana for personal use are eligible for the pardons if they have no other criminal convictions. Those who do have additional convictions are invited to apply for clemency. The state estimates that "thousands" of people will qualify for the program.

Harm Reduction

New York City Harm Reductionists Take to Streets on International Overdose Awareness Day to Demand Safe Injection Sites Statewide. At least nine people were arrested outside Gov. Kathy Hochul's Manhattan office Wednesday as hundreds of people rallied to advocate for an expansion of safe injection sites statewide as they marked International Overdose Awareness Day. Two safe injection sites operate in New York City, but none in the rest of the state. Protestors changed "no more drug war" and blocked traffic, leading to the nine arrests. "It’s exhausting to keep experiencing loss after loss after loss, and to keep fighting without a proper response to this epidemic from politicians, said Alicia Singham Goodwin, drug policy campaign coordinator at VOCAL-NY, which helped organize the action. There were also actions to mark the day in Boston, New Hampshire, and California, where a coalition of more than 50 harm reduction groups rallied across the state and criticized Gov. Gain Newsom (D), who just a week ago vetoed a safe injection site pilot project bill. "Governor Newsom not only used his pen to cosign our participants to death, he did so while blaming his choice on our harm reduction infrastructure," said Soma Snakeoil, executive director of Sidewalk Project.

Law Enforcement

San Francisco's New DA Prosecuting Few Misdemeanor Drug Cases. After city voters ousted former DA Chesa Boudin for being "soft on crime," they expected a crackdown from his successor, Brooke Jenkins. But while police have brought three times as many drug cases to her office than in Boudin's time, about two-thirds of them are not being prosecuted. When it comes to misdemeanor offenses such as simple drug or paraphernalia possession, 99 percent of those cases are being dismissed, sent to another law enforcement agency, or recommended for probation or parole revocation. Jenkins spearheaded the recall effort against Boudin, but she looks to be just as "soft on crime" as Boudin was.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundationtakes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Biden DOJ Opposes Gun Rights for MedMJ Patients, MO Legal Pot Initiative Qualifies, More... (8/10/22)

A Florida marijuana legalization initiative campaign aimed at 2024 gets underway, a Colorado natural psychedelic initiative comes up short, and more.

Marijuana testing is contributing to the truck driver shortage. (Creative Commons)
Report: Spike in Marijuana Positives Fueling Truck Driver Shortage, Supply Chain Disruptions. Amid chronic shortages of long-haul truck drivers, federal data from the Department of Transportation (DOT) shows that more than 10,000 truck drivers have been ordered off the road after testing positive for marijuana just between January 1 and April 1 of this year. That is a 33 percent increase over the same period in 2021. DOT's Federal Motor Carrier Safety Administration has also doubled the frequency of drug testing of truck drivers. Under federal law, CDL licensed drivers are not permitted to consume cannabis under any circumstances, regardless of whether marijuana use is legal where they live. Currently, more than 89,000 commercially licensed truck drivers are barred from the road because of positive drug tests; more than half of them are for people testing positive for marijuana.

Florida 2024 Marijuana Legalization Initiative Campaign Launched. A group calling itself Smart & Safe Florida filed a marijuana legalization initiative aimed at the 2024 ballot Monday. The campaign is initially being bankrolled by Trulieve, the state's largest medical marijuana provider. The measure would legalize the possession of up to an ounce by people 21 and over and allow existing medical marijuana retailers to sell to the recreational market, which would benefit Trulieve. It includes a provision that allows for -- but does not require -- the state to issue additional retail licenses. It does not include provisions for expungement, social equity, or home cultivation. The campaign will need to come up with roughly 900,000 valid voter signatures to qualify for the 2024 ballot. Previous initiative campaigns have been rejected by the state Supreme Court, but Smart & Safe Florida says its bare-bones initiative should be able to avoid or overcome legal challenges.

Missouri Marijuana Legalization Initiative Qualifies for November Ballot. A marijuana legalization initiative sponsored by Legal Missouri 2022 has qualified for the November ballot, Secretary of State Jay Ashcroft announced Tuesday. The initiative takes the form of a constitutional amendment that would remove bans on the possession, manufacturing, and sales of marijuana from the state constitution for people 21 and over. Building on an earlier medical marijuana constitutional amendment, the measure would also increase the number of retail sales licenses. It also includes a provision for the expungement of records.

Medical Marijuana

Biden DOJ Says Medical Marijuana Patients Too "Dangerous" to Own Guns. The Justice Department on Monday sought to persuade a federal court to overturn a policy blocking medical marijuana patients from buying or owning guns. The department was responding to a lawsuit filed by Florida Agriculture Commissioner Nikki Fried and several medical marijuana users that argues that the policy deprives patients of their 2nd Amendment rights. The Justice Department told the court that it would be too "dangerous to trust regular marijuana users to exercise sound judgment" around guns. The department also argued that gun rights are reserved for "law-abiding" people, noting that marijuana remains illegal under federal law. "This memorandum uses the phrase 'medical marijuana' for convenience, but Congress has found that marijuana 'has no currently accepted medical use.'"

Psychedelics

Colorado Natural Psychedelic Decriminalization Initiative Falls Short on Signatures. Campaigners for Initiative 61, "Legal Possession and Use of Entheogenic Plants and Fungi," announced Monday that the measure would not qualify for the ballot. Monday was the last day to turn in signatures, and organizers said their all-volunteer signature-gathering campaign had come up short. Another psychedelic reform measure, Initiative 58, the "Natural Medicine Health Care Act," has already qualified for the November ballot. It would decriminalize the possession of psilocybin and allow for its use in state-regulated settings.

Senate Democrats File Marijuana Legalization Bill, Bipartisan Psychedelics for Terminally Ill Bill Filed, More... (7/21/22)

Singapore is set to hang a drug offender today, Sensators Cory Booker (D-NJ) and Rand Paul (R-KY) filed a bill to allow the terminally ill to use certain psychedelics, and more.

Marijuana Policy

Senate Leadership Introduces Legislation to End Federal Marijuana Prohibition. Senate Majority Leader Chuck Schumer (D-NY), along with Sen. Cory Booker (D-NJ) and Sen. Ron Wyden (D-OR), today introduced the Cannabis Administration and Opportunity Act (CAOA). The legislation repeals the federal criminal prohibition of marijuana, provides deference to states' cannabis policies, and establishes mechanisms to help repair the harms associated with the racially and economically disparate enforcement of prohibition. The CAOA removes marijuana from the Controlled Substances Act schedule entirely, ending the threat of federal prosecution for possession and licensed commercial activity, and allows states to implement their own cannabis policies free of federal interference. It also eliminates many problems facing regulated state cannabis markets, including lack of access to financial services, the inability to deduct standard business expenses when filing federal taxes, and the lack of uniform national regulatory standards and guidelines. The legislation also directs funding to reinvest in communities that have been disproportionately impacted by prohibition and helps improve diversity and inclusion in regulated cannabis markets. The bill's prospects in the evenly-divided Senate are unclear, at best.

Psychedelics

Senators Cory Booker, Rand Paul Introduce Bipartisan Legislation to Amend the Right to Try Act to Assist Terminally Ill Patients. US Senators Cory Booker (D-NJ) and Rand Paul (R-KY) introduced legislation Thursday to clarify that the Right to Try Act should allow terminally ill patients to have access to Schedule I drugs for which a Phase 1 clinical trial has been completed. Specifically, the Right to Try Clarification Act would remove any obstacle presented by the Controlled Substances Act with respect to Schedule I substances when they are used by doctors and patients in accordance with the federal Right to Try law. Companion legislation will be introduced in the House by Representatives Earl Blumenauer (D-OR) and Nancy Mace (R-SC).

The federal Right to Try law permits patients who have been diagnosed with life-threatening diseases or conditions, and who have exhausted all approved treatment options, access to certain treatments that have not yet received final FDA approval. In general, a drug is eligible for Right to Try use after a Phase 1 clinical trial has been completed for that drug but prior to the drug being approved or licensed by the FDA for any use. In other words, in limited conditions involving life threatening illness and for drugs that have been proven to be safe, the federal Right to Try law removes the FDA out of doctor-patient decisions and reverts regulation back to the states. Under the terms of the federal Right to Try law, states remain free to permit or prohibit Right to Try use under their own laws.

International

Singapore Set to Hang Drug Offender Today. The city-state is set to hang 64-year-old Singaporean citizen Nazeri Lajim for drug trafficking today. This would be the fifth execution since March after a long pause in hangings during the coronavirus pandemic. He was handed the death sentence in 2017, some five years after being arrested during an anti-narcotics operation. Nazeri was found with two bundles of what was analyzed to be 35.41 grams of heroin, exceeding the 15 gram legal threshold for the imposition of the death penalty.

The country is increasingly out of step with its neighbors on drug policy. Thailand legalized most forms of marijuana last month, and Indonesia and Malaysia are discussing medical marijuana. The government defended its hardline approach: "It really is incumbent upon us to present the choices in very vivid terms and persuade our people, including young people, that we have to make the right choices for them and for society," said Law and Home Affairs Minister K. Shanmugam.

Sudan Defense Lawyers Charge Political Detainees Forced to Undergo Drug Tests. The legal group Sudan's Emergency Lawyers, which defends people seeking to protest against rule by the military-dominated government, is charging that people being arrested at protests are now being subjected to unlawful drug tests. Detainees including at least 15 minors and six women were released after being beaten, assaulted and subjected to drug tests, the group said.

The lawyers said "what is really disturbing is that these people are now subjected to a drugs test," which they stressed "is completely contrary to the law". The lawyers say that those detained were not in possession of drugs and were not found in any suspicious situation that necessitates this procedure or would give authorities common cause. They pointed to the fact that any referral for examination must be made by the prosecution. "This procedure is purely criminal, it violates the rights of the detained, and it is against the principle of assumption of the accused's innocence, and completely contrary to the law. It degrades dignity and has a profound psychological impact," the lawyers added.

Rumors have been circulating that young protesters are using drugs, meth in particular, because they don't seem to show hunger or fatigue, but there has been no evidence to back up the rumors.

DE Marijuana Legalization Bill is Dead, No Mandatory School Drug Tests in Pakistan, More... (6/8/22)

The DC city council approves a bill to bar bosses from firing or not hiring workers because of a positive marijuana test, a Michigan bill to make fake urine for drug tests a crime advances, and more.

Michigan lawmakers worry that legal pot smokers are cheating drug tests with fake urine. (Creative Commons)
Marijuana Policy

Delaware Lawmakers Fail to Override Governor's Veto of Marijuana Legalization Bill. No legal weed for you, Delawareans! At least not this year. After Gov. John Carney (D) vetoed a bill that would legalize marijuana possession but not create a legal marketplace, House Bill 371, the House on Wednesday attempted to override his veto. But the effort came up short, failing on a 20-20 vote after House Majority Leader Valarie Longhurst (D) abstained and five Democrats and two Republicans who had voted for the bill voted against the override attempt. Those votes made the difference: The override only needed 26 votes to pass.

DC Council Approves Bill to Block Employers from Firing Workers Who Fail Marijuana Tests. The DC city council on Tuesday unanimously approved a bill that would bar employers from firing workers who test positive for marijuana, Bill 24-0109, the Cannabis Employment Protection Amendment of 2022. The bill would also ban employers from refusing to hire people with positive marijuana tests. There are some exceptions: employers can still fire marijuana users if the employer is acting under federal guidelines or if the worker partakes on the job. The bill now goes to the desk of Mayor Muriel Bowser (D).

Drug Testing

Michigan Bill to Outlaw Fake Urine Heads for House Floor Vote. A bill that would criminalize the sale or possession of "drug masking products, Senate Bill 134, has already passed the Senate and a House committee and is now headed for a House floor vote. The bill would make it a misdemeanor punishable by up to a year in jail and $1,000 fine to "distribute, deliver, sell, or possess with intent to distribute, deliver, or sell a drug masking product." Selling such products commercially would be a felony punishable by up to five years in prison. The state legalized marijuana in November 2018.

International

The National Assembly on Wednesday blocked a motion to introduce a bill that would make drug testing of all students mandatory. The move came after Minister of Parliamentary Affairs Murtaza Jayed Abbassi told lawmakers the government already had a program to randomly test students in place. One legislator decried the potential financial and psychological implications of mandatory testing on students and families and suggested that if the law were approved to students, it should be applied to parliamentarians as well.

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

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

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

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

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

Drug Testing

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

Harm Reduction

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

Lawmakers Press Drug Companies on Over-the-Counter Naloxone, Dem Voters Say Legal Pot a Priority, More... (4/13/22)

New polls of American and European voters show support for marijuana legalization, Massachusetts prisoners are suing over unreliable drug tests, and more. 

The opioid overdose reversal drug naloxone. Lawmakers want drug companies to seek over-the-counter status for it.
Marijuana Policy

Majority of Democrats Say Marijuana Legalization Should Be a Top Priority for Congress. A new poll from Morning Consult and Politico finds that more than half (52 percent) of Democratic voters say marijuana legalization should be a top or important priority for Congress. Only 29 percent of Republican voters felt the same. Overall, 41 percent of voters now see marijuana legalization as a top or important congressional priority. The poll comes with the House having already passed a marijuana legalization bill and with the Senate waiting on Majority Leader Chuck Schumer (D-NY). Meanwhile, desperately needed interim measures, such as providing industry access to financial services, languish.

Drug Testing

Massachusetts Prisoners Sue Over Prison System's "Unreliable" Drug Tests Despite Court Order. Attorneys representing state prisoners have filed a lawsuit against the Department of Correction charging that it continues to use an unreliable drug test to screen prisoners' mail, violating an earlier court order. The lawsuit alleges that prisoners have been punished for sneaking drugs through the mail based on dubious drug tests and that some of the mail improperly seized as containing drugs were sent by the prisoner's own attorneys, the courts, and the attorney general's office. A judge last December ordered the department to quit using the NARK II drug test device. The attorneys are asking a judge to hold the department in contempt of court. A hearing is set for next Tuesday. "The DOC's actions were not only interfering with the attorney-client relationships of the people whose mail was seized and photocopied, but were chilling the ability of all incarcerated people to communicate with counsel for fear of being subjected to this arbitrary and severe punishment," the complaint said.

Harm Reduction

Bipartisan Lawmakers Call on Drug Makers to Apply to FDA to Make Overdose Reversal Drugs Available Over-the-Counter. Some 30 members of the House and Senate have sent a letter to drug companies who manufacture the opioid overdose reversal drug naloxone calling on them to apply to the Food and Drug Administration (FDA) for over-the-counter status for their products. The move comes amidst a raging opioid overdose epidemic that is killing tens of thousands of Americans each year. "It has never been more important to adopt opioid overdose prevention and reversal strategies on a wide scale," the letter said. This includes "steps to increase access to affordable naloxone, which is a proven, effective tool to reduce medical emergencies, drug overdoses, and deaths." Signatories included Sens. Joe Manchin (D-WV), Elizabeth Warren (D-MA), and Lisa Murkowski (R-AK) and Reps. Alexandria Ocasio-Cortez (D-NY) Rashida Tlaib (D-MI), and Brian Fitzpatrick (R-PA).

International

Poll Found Majority of Europeans Support Marijuana Legalization. A poll from  London-based Hanway Associates that surveyed eight different European countries found majority support for marijuana legalization, with 55 percent favoring it and only 25 percent opposing it. Italy led the way with support at 60 percent. Portugal, Switzerland, Spain, and the United Kingdom all polled between 55 and 59 percent, while Germany came in at 50 percent. Surprisingly, the Netherlands, which has allowed legal retail sales for more than 30 years, had the lowest level of support, at 47 percent. 

SD Legal Pot Bill "Smoked Out" and Revived, UT Therapeutic Psychedelic Task Force Bill Passes, More... (3/2/22)

A coalition of marijuana and civil rights groups is demanding a House floor vote on a marijuana legalization bill, the Transportation Department is moving toward approval oral drug testing for truckers, and more.

A South Dakota marijuana legalization bill got "smoked out" Tuesday, but not like this. (IRIN)
Marijuana Policy

Marijuana, Civil Rights Groups Demand House Vote on Legalization Bill This Month. A coalition of marijuana reform and civil rights groups convened by the Drug Policy Alliance, the Marijuana Justice Coalition, sent a letter to House leadership Tuesday seeking a floor vote this month on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act (HR 3617). Sponsored by House Judiciary Committee Chair Jerrold Nadler, the MORE Act passed the House in the last Congress and has passed out of the committee in this Congress in September, but has been stalled since then. "Given that nearly every minute one person in this country is arrested for a minor marijuana crime, the public deserves to know if members of the 117th Congress stand on the side of justice and against the outdated and cruel policy of prohibition and criminalization of marijuana," the letter to House Speaker Nancy Pelosi (D-CA) and House Majority Leader Steny Hoyer (D-MD) said.

South Dakota Marijuana Legalization Bill Back from the Dead After Being "Smoked Out." Just one day after a House committee voted to kill the legalization bill, Senate Bill 3, it has been revived using a legislative procedure known as a "smoke out." Under that procedure, legislative leaders can poll lawmakers and if a majority signal they are in favor of proceeding with the bill, the bill can proceed to a House floor vote. "We just smoked out a weed bill," House Speaker Spencer Gosch (R) quipped when enough members stood to be counted. Voters had approved a marijuana legalization initiative in 2020 only to see it overturned by the state Supreme Court, and the activists behind that initiative are currently in the midst of a signature gathering campaign to put the issue on the ballot this year if the legislature fails to pass the bill.

Psychedelics

Utah Legislature Overwhelmingly Approves Psychedelic Therapeutic Study Bill. With a final Senate vote last Friday, the state legislature has approved a bill to set up a task force to study the therapeutic potential of psychedelics, House Bill 167. The House had passed the bill back on February 10. In each chamber, only one no vote was registered. The bill is now on the desk of Gov. Spencer Cox (R) but has a veto-proof majority in case he balks. The bill would create a task force to "provide evidence-based recommendations on any psychotherapy drug that the task force determines may enhance psychotherapy when treating a mental illness."

Drug Testing

US Department of Transportation Publishes Proposed Rules for Oral Fluid Drug Testing. The Department of Transportation last Friday a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT said that including oral testing would help employers combat cheating on urine drug tests. Oral testing to detect the presence of marijuana only has a 24-hour window, while urine testing can detect marijuana metabolites for days or weeks. Comments on the notice of proposed rulemaking should be submitted by March 30, 2022.

Drug War Issues

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