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Seattle Mayor's Executive Order on Public Drug Use, UT MedMJ Workers Unionize, More... (9/29/23)

A former Michigan medical marijuana regulator heads to prison for bribery, the Jacksonville Sheriff's Office rejects cocaine field tests as "unreliable," and more. 

Cocaine or not cocaine? A Florida sheriff's office is foregoing cocaine field tests after finding them unreliable. (Pixabay)
Medical Marijuana

Michigan Former Medical Marijuana Top Regulator Heads for Prison on Bribery Charges. The former head of the state's Medical Marihuana Licensing Board was sentenced to 55 months in federal prison Thursday after earlier pleading guilty to soliciting and accepting bribes. Rick Johnson, a Republican who is also the former Speaker of the House, headed the now defunct board, which was in charge of reviewing and granting licenses for people seeking to grow and sell medical marijuana.

"Today's sentence sends a very strong message that public corruption will not be tolerated in the state of Michigan," Mark Totten, US Attorney for the Western District of Michigan, said after the sentencing. "The length of this sentence reflects the seriousness of the offense."

Johnson admitted receiving at least $110,000 in payments, $20,000 in loans that did not have repayment terms, and "thousands of dollars" in services from a sex worker. Johnson chaired the board from 2015 to 2017. Gov. Gretchen Whitmer (D) dismantled the board in 2019.

Utah Dispensary Workers Vote to Unionize with UFCW. Workers at the Dragonfly Wellness medical marijuana dispensary in Salt Lake City voted Tuesday to join the United Food and Commercial Workers (UFCW). The unionization vote involved 30 employees, who become the first in the state's medical marijuana industry to unionize.

"Employees included in the newly formed cannabis union include Dragonfly Wellness associates, team leads, drivers, delivery leads, inventory specialists, pharmacists, and head trainers," according to a UFCW Local 99 news release.

Drug Policy

Seattle Mayor Issues Executive Order Guiding Implementation of New Law Prohibiting Public Consumption of Drugs. On Thursday, Mayor Bruce Harrell (D) issued Executive Order 2023-006, guiding implementation and data collection related to the Public Safety and Health Response to the Opioid Crisis Ordinance prohibiting public consumption of fentanyl and other drugs. This follows Mayor Harrell’s April Executive Order addressing fentanyl and the synthetic drug crisis, part of the City’s dual public health and public safety approach to the issue, including advancing innovative treatment solutions to help people access services and get well. 

"Fentanyl and other dangerous drugs are killing people, causing harm, and creating unsafe conditions Downtown and in neighborhoods across Seattle. This law gives us another tool to help those in need access treatment and to keep sidewalks and neighborhoods welcoming for all residents, and my Executive Order provides needed implementation guidance and ensures we are collecting data to measure effectiveness," said Harrell. "We are committed to learning lessons from the past, holding traffickers, dealers, and those causing the most harm accountable, and helping people access treatment and care through diversion services." 

The Executive Order provides direction to officers on how to enforce the ordinance, including examples of how public use and possession can be established and factors that will guide the threat of harm assessment. The Executive Order makes clear that harm pertains to the impact on the ability of others to use shared public space and identifies areas that have a high likelihood of the presence of other community members and where the use of controlled substances impacts public safety and security.  

Mayor Harrell’s Executive Order also reaffirms that diversion is the preferred response to public use and possession offenses and sets expectations for how officers will handle situations where a threat of harm to others is not present. Mayor Harrell’s budget, announced earlier this week, includes millions toward diversion programs and efforts to provide treatment and curb overdose deaths. 

Lastly, the Executive Order calls for the collection of data to assess the scope of public use and possession of controlled substances to both better understand the problems facing the City and to create a baseline to measure the effectiveness of the ordinance and its enforcement. This includes analyzing data from Public Health — Seattle & King County, SPD, and other sources. 

The legislation passed by the Council and signed by Mayor Harrell will take effect next month. In effect, it will:  

  • Codify state law making public consumption of illegal drugs a gross misdemeanor in the City’s criminal code.   
  • For the first time in the City’s history, designate diversion and treatment as the preferred approach to addressing substance use issues – connecting people with care and responding to a public health crisis with evidence-based health solutions.   
  • Define a new threat of harm standard – differentiating between drug use that threatens others, recognizing the real and perceived danger of consumption of illegal drugs in public places, and aiming to support safe and welcoming neighborhoods by reducing public use. 

The ordinance, this Executive Order, and the forthcoming SPD policy are just one aspect of the City’s efforts to address the public health and safety concerns caused by synthetic narcotics.

Drug Testing

Florida Sheriff's Office Ends Use of "Unreliable" Cocaine Testing Kits. The Jacksonsville Sheriff's Office announced Wednesday it would stop using cocaine field tests after finding they generate false-positives for common over-the-counter medications. The office issued a memo ordering personnel to quit using the Scott Company cocaine kits immediately and return any unused ones.

Officers will now need to submit suspected cocaine to the Florida Department of Law Enforcement laboratory for formal testing. Only if it tests positive at the state lab should officers seek an arrest warrant.

While field test results are not by themselves sufficient evidence to prosecute a drug possession case, a positive field test had been enough for an officer to make an arrest, and defendants often plead in drug cases rather than take the cases to trial. Thus, it is possible false positives have resulted in wrongful arrests and convictions.

"Following a meeting this morning with law enforcement, we became aware that field test kits for cocaine have resulted in false positives. We immediately informed the Public Defender’s Office, Regional Conflict Counsel, the Chief Judge, and local Criminal Defense Bar of this development. We are conducting a thorough review of cases potentially implicated to determine what actions need to be taken moving forward to address this issue."

The office "is now exploring new product options for presumptive field-testing kits for cocaine for future use."

Pushing for Social Equity as Pennsylvania Heads Toward Marijuana Legalization [FEATURE]

Pot prohibition in Pennsylvania is getting squeezed. Of its neighboring states, Maryland, New Jersey, and New York have already legalized marijuana, Ohio voters will have their chance to approve it in November, and only West Virginia shares the state's status as a medical marijuana-only state.

State Sen. Sharif Street (D-North Philadelphia) is a key cosponsor of a marijuana legalization bill. (pa.gov)
Efforts to advance adult use legalization in Harrisburg have been stymied for years by Republican control of the statehouse, but after last year's elections, the state now has a Democratic governor in Josh Shapiro, the House now has a Democratic majority, and cracks are now appearing in the Republican-led Senate, where at least two GOP senators are ready to get on board.

Gov. Shapiro in March proposed marijuana legalization as part of his 2023–2024 budget, and this year, there are once again are marijuana legalization bills before the legislature. Rep. David Delloso has once again filed a state liquor store model legalization bill, House Bill 1080, and one of those Republican Senate converts, Sen. Dan Laughlin, is the cosponsor of another legalization bill, Senate Bill 846.

"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin upon filing the bill in July. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."

The bill would legalize the possession of marijuana by people 21 and over and set up a system of taxed and regulated marijuana commerce. It would also address social equity by granting licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. It would also all non-violent marijuana convictions. Ensuring that minority communities disproportionately impacted by drug prohibition is critical, Black legislators say.

"We have a unique and singular opportunity to correct decades of mass incarceration, disproportionate enforcement against marginalized communities, the criminalization of personal choice and the perpetuation of violence, which all materialized from the failed war on drugs," said Sen. Sharif Street, a Democratic cosponsor of the bill. "Legalizing the adult use of cannabis will help us fully and equitably fund education, lower property taxes, and address a variety of community needs throughout Pennsylvania."

Social equity was definitely on the mind of attendees at last week's Cannabis Opportunities Conference—partof the Diasporic Alliance for Cannabis Opportunity’s (DACO) Black Cannabis Week. The event was hosted by Sen. Street and covered by Marijuana Moment.

"This is going to be a multibillion-dollar industry," Street. "We need to make sure that we’re inclusive … We need to make sure that folks can participate at every level of this industry."

Bill cosponsor Rep. Donna Bullock (D), who has previously spoken out against the dominance of large, multistate marijuana companies, was adamant that legalization come with strong social equity provisions.

"No bill will move with my name on it until I’m comfortable that we actually answer those questions," she said. "No bill will move with my name on it until I know for sure we’re not repeating the mistakes of equity in name only. If you think you’re going to get me with just some expungements, you got it wrong," she added.

"I think sometimes some people get scared to say ‘Black,’" Rep. Darisha Parker (D) said. "If we’re going to really do this for a legislative perspective, then all of us in the state need to make sure that we’re actually doing it, making sure that we’re actually supporting the individuals for this social equity bill that we’re going to be putting forward. This is our reparations," she added. "Let’s get busy."

These Black lawmakers agreed that they were willing to take the time to get it right; to ensure that some of the harms done by the drug war be redressed and that the communities that suffered them get recompense.

Lawmakers are "still taking inventory" to see what’s worked in other states and what hasn’t, Parker said.

"We’ve had … a hundred years of getting this wrong. I’m not in a rush to get it wrong again," said Bullock.

Street concurred, saying that in Pennsylvania "we’re usually not the first to get anything done, but we’d like to be the first to get it right."

It looks like there is some work to be done to make sure marijuana legalization aids those communities harmed by the drug war, and it looks like there is a committed legislative contingent in Harrisburg ready to make sure that happens. Stay tuned.

House Dems Reintroduce Weed Legalization Bill, San Francisco Mayor Wants Forced Treatment for Benefits, More... (9/22/23)

Wisconsin Democrats roll out a marijuana legalization bill, a Pennsylvania medical marijuana expansion bill passes the Senate, and more.

Members of the Sinaloa Cartel parading through San Gregorio Chemic in Chiapas state, near the Guatemalan border. (YouTube)
Marijuana Policy

House Democrats Reintroduce Comprehensive Marijuana Reform Legislation. House Judiciary Committee Ranking Member Jerrold Nadler (D-NY), along with Representatives Earl Blumenauer (D-OR), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX) and Nydia Velázquez (D-NY) have reintroduced the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 5601), one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.

Following efforts led by states across the nation, the MORE Act decriminalizes marijuana at the federal level. The bill also aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions. This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life. The MORE Act also ensures that all benefits in the law are available to juvenile offenders.

The bill:

  • Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
  • Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
  • Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
    • The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, The Cannabis Opportunity Grant Program: youth recreation, mentoring, and substance use treatment.  
    • Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals
    • The Equitable Licensing Grant ProgramProvides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
  • Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
  • Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
    • Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
    • Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
  • Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry.

The MORE Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Leadership Conference on Civil and Human Rights, Drug Policy Alliance, NORML, Better Organizing to Win Legalization, and Minorities for Medical Marijuana, the Center for American Progress, and Students for Sensible Drug Policy.

Wisconsin Democrats File Marijuana Legalization Bill. State Sen. Melissa Agard and state Rep. Darrin B. Madison have introduced a marijuana legalization bill. This bill would allow Wisconsin to join thirty-eight states and the District of Columbia that have passed laws broadly legalizing cannabis in some form. Republican majorities in the legislature have blocked any progress on such bills in the past.

"I’ve said this time and time again – we know that the most dangerous thing about cannabis in Wisconsin is that it remains illegal," said Sen. Agard. "For the past decade, I have worked to undo Wisconsin’s antiquated and deeply unjust marijuana policies and put our state on a prosperous path forward.  

"Legalizing cannabis is a matter of public safety and racial justice here in Wisconsin," said Rep. Madison. "People in Wisconsin indulge in cannabis use and deserve the ability to buy safe cannabis and use it responsibly without being criminalized. According to the ACLU, Black people were 4.24 times more likely to be arrested than white people in Wisconsin during 2018. Similar disparities exist in convictions, leading to immeasurable harm to black communities in Wisconsin. The bill we’ve introduced today lays a solid foundation for those that have been harshly convicted for non-violent possession charges and the ramifications of those convictions." 

Under the proposal, adults in Wisconsin aged 21 and older could legally have marijuana in their possession. The measure would also lay the groundwork for a regulated cannabis market to launch in the state.

Medical Marijuana

Pennsylvania Senate Passes Bill to Expand Medical Marijuana Program. The Senate has approved a bill that would expand the state’s medical marijuana program by allowing growers to sell directly to patients despite ongoing federal cannabis prohibition. The bill was approved last Wednesday on a 44-3 vote.

Sen. Chris Gebhard and a bipartisan coalition of senators introduced Senate Bill 773  earlier this year. The current state medical law authorizes licenses for 25 businesses growing and processing medical marijuana, but only five of those licensees can sell directly to patients through vertically integrated dispensaries. SB773 would allow all medical marijuana growers and processes to sell directly to patients.

The bill now goes to the House, where it may become a vehicle for broader reforms, from allowing for patient home cultivation to converting the bill into a full-on legalization bill. But changes too profound could endanger an amended bill's prospects back in the Senate, which would have to address any changes.

"There will certainly be vigorous discussions there on what shape this bill will come back to the Senate in said Sen. Dan Laughlin (R). "If this becomes a vehicle for adult use, I doubt that it would pass this chamber. However, I think if they do add home-grown to this bill, it would strengthen the bill and I believe that we would be able to get it through this chamber as well."

Drug Policy

San Francisco Mayor Proposes Mandatory Drug Treatment for Cash Assistance Programs. Trying a new tack in the city's ongoing effort to get a grip on open air drug use and an overdose crisis, Mayor London Breed is now proposing that city residents with addiction issues who receive cash assistance be required to undergo drug treatment in order to keep receiving payments. The proposal would have to be approved by the Board of Supervisors.

Under the proposal, people who apply for County Adult Assistance Programs would have to undergo screening for substance use disorder and participate in a treatment program if they're found to have an addiction. People who refuse or who "do not successfully engage in treatment" would not be eligible for cash assistance.

"We fund a wide range of services, and we want to help people get the care they need but under current state law, local government lack tools to compel people into treatment," Breed said. "This initiative aims to create more accountability and help get people to accept the treatment and services they need."   

Some, but not all, supervisors are on board. Board President Aaron Peskin demurred, saying that Breed should focus on stopping dealers and open-air drug markets rather than "drug testing people on welfare."

"If she can't find the way to prevent several hundred brazen criminals from selling deadly drugs -- how does she think she will find the resources to drug test thousands of welfare recipients?" Peskin said

Drug Testing

Washington Department of Corrections Sued Over Faulty Drug Tests, Harsh Punishments. Columbia Legal Services (CLS) filed a class action complaint against the Washington State Department of Corrections (DOC), challenging the widespread practice of imposing harsh discipline on people in DOC facilities based on unreliable drug testing. People have faced months in solitary confinement, delays in release from prison, loss of visitation, and other cruel punishments after colorimetric tests have returned "presumptive" positive results on incoming mail and other possessions.

Clifton Bell, et al. v. Washington State Department of Corrections, filed in Thurston County Superior Court last Friday, alleges that DOC’s actions violate plaintiffs' rights under Washington State law and the Washington State Constitution.Plaintiff Gregory Hyde was placed in administrative segregation (another term for solitary confinement) for almost five months after a presumptive positive test result. The item that tested positive for drugs was a packet of crossword, word search, and Sudoku puzzle books sent by Mr. Hyde’s father and stepmother.

After facing months of irreversible disciplinary actions, DOC returned the books in question to Mr. Hyde with no explanation or expungement of the infraction. His father’s name remains on DOC’s records as having mailed drugs to the prison.

"I think DOC is using its power to punish people who can’t fight back," said Mr. Hyde."My elderly father just wanted to send me some puzzle books. Now they’re saying he’s a drug dealer. Now my father is too far away to see because I got transferred to a different facility. My father is impoverished and on a fixed income. I think it’s an abuse of power. I don’t think DOC should be doing this."

Manufactured by companies like DetectaChem and MMC International, the colorimetric tests (also called roadside tests or field tests) are designed to be initial screening testsand the manufacturers are clear that they require confirmatory testing to be valid. Similar test technologies have been found unlawful in many settings, including in other state prison systems. In 2021, a Massachusetts court forced that state’s DOC to stop using similar colorimetric tests from another manufacturer, with the court describing them as "only marginally better than a coin flip"at identifying drugs. The tests in that case were found to deliver false positives nearly 40 percent of the time.

International

Mexico's Sinaloa Cartel Lauded by Chiapas Townspeople for Rescuing Them from Jalisco New Generation Cartel. Townspeople in San Gregorio Chemic, Chiapas, near the Guatemalan border, cheered a 20-vehicle convoy of Sinaloa Cartel fighters as they paraded through the city after having driven out the rival Jalisco New Generation Cartel (JNGC).

JNGC fighters had seized the town and blocked the only highway access to it for nearly two weeks, killing and extorting local residents along the way. President Andres Manuel Lopez Obrador announced over the weekend that he was sending 800 National Guard troops to the area. He also implored local youth not to be seduced by the Sinaloa Cartel.

'It turns out that on the border with Guatemala, in Comalapa, towards Motozintla, there are organized crime groups that are fighting for the territory (Jalisco Nueva Generación Cartel and Sinaloa Cartel) to have spaces, to store drugs that enter from Central America, to have control of that territory and they will confront each other, fortunately there have not been many murders,' López Obrador said during his daily presser with the media.

A local Catholic priest said that local residents may have been intimidated into cheering on the Sinaloa Cartel. "Others will say that they have already allied themselves with drug traffickers. They line them up," he said. "It's not that they want to. There will be people who do it on their own, but people are being forced and that is not worth it. People are being forced to defend one cartel, to fight for another and they are being used as cannon fodder."

Revised Weed Banking Bill Filed, Scottish Safe Injection Site Location Revealed, More... (9/21/23)

A House panel approves the CURE Act to protect past marijuana users from federal employment discrimination, the new Thai minister vows to roll back marijuana decriminalization, and more.

Marijuana is on the agenda on Capitol Hill. (Creative Commons)
Marijuana Policy

Revised, Renamed Version of Marijuana Banking Bill Filed, Committee Vote Set for Next Wednesday. The bill aiming to pave the way for providing financial services to state-legal marijuana businesses known as the Safe and Fair Enforcement (SAFE) Banking Act has now been revised and renamed the Secure and Fair Enforcement Regulation (SAFER) Banking Act and is headed for a key Senate committee vote next Wednesday.

Sponsored by Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT), the revised bill was filed Wednesday, is set for mark-up in the Senate Banking Committee, and after that, Senate Majority Leader Chuck Schumer (D-NY) says he intends to "bring it to the floor with all due speed."

But despite apparent clear skies in the Senate, the future is a bit cloudier in the House, where a key committee chairman has not committed to allowing it a vote.

Among the key changes to the bill: The Federal Deposit Insurance Corporation gets one year instead of 180 days to develop guidance for financial institutions, regulators must have a "valid" reason for requesting or requiring the termination of bank accounts for any business, regulators must work with state and federal counterparts to create rules or guidance for pot businesses to increase deposit accounts within two years, FDIC must conduct a biennial survey and report to identify barriers to accessing deposit accounts for small-and medium-sized businesses, and the words "diversity and inclusion" have been remove from section titles, even though required reports on data concerning small and minority-, veteran- and women-owned businesses are still in the bill.

Federal Bill to Remove Marijuana as Barrier to Federal Employment, Security Clearances Wins Committee Vote. The House Oversight and Accountability Committee voted Wednesday to approve the Cannabis Users' Restoration of Eligibility (CURE) Act (HR 5040). The bill would prevent the denial of federal employment or security clearances based on a candidate’s past marijuana use.

The bipartisan bill cosponsored by Reps. Earl Blumenauer (D-OR), Nancy Mace (R-NC), and Jamie Raskin (D-MD) passed on a 30-14 vote, with 10 Republicans joining Democrats in approving it.

The version of the bill approved in committee removed a provision that blocked federal employment and security clearance denials for current marijuana use, leaving the bill addressing only past marijuana use.

International

Scottish Safe Injection Site Pilot Scheme Location Revealed. The proposed safe injection pilot project for the country will be located at the Hunter Street Health Center in the east end of Glasgow. The center already provides a heroin assisted-treatment service.

The safe injection site is becoming a reality after the country's top lawyer officer said users would not be prosecuted for simple possession offenses and the United Kingdom in government in London has said it would not block the scheme.

Glasgow authorities just received a report that found safe injection sites have been shown to "reduce public injecting and discarded needles, and remove barriers to, and improve the uptake into, treatment and care." The report also noted that the Hunter Street Health Center site "offers a discrete base, closely located to the city center, and implementation of the enhanced drug treatment service within the center has not caused significant challenges for the community."

Thailand to Restrict Marijuana Use, New Prime Minister Says, After Decriminalization Last Year. After thousands of pot shops have opened across the country since it decriminalized marijuana a year ago, the new Thai prime minister is vowing to restrict the use of marijuana to medical purposes.

"The law will need to be rewritten," Prime Minister Srettha Thavasin said. "It needs to be rectified. We can have that regulated for medical use only," he said, adding that there can’t be a middle ground for recreational use.

Srettha's Pheu Thai Party ran a hardline anti-drug campaign and vowed to undo decriminalization, but his party is part of an 11-party governing coalition, and some of his partners have different ideas. One partner party, for example, wants tighter control over the industry but not reverting to classifying the plant as a drug.

The industry is not that concerned because it is convinced the genie cannot be put back in the bottle. "More regulation will be good as we don’t want a free-for-all anyway," Poonwarit said Poonwarit Wangpatravanich, president of the Phuket Cannabis Association. "Cannabis is here to stay, but in what status is not yet clear."

CA Assembly Approves Bill on Workers' Weed Rights, Aussie Decrim Fight, More... (9/14/23)

Philadelphia's city council takes preemptive steps to block dispensaries from transforming into adult-use retailers, New York regulators open the way for multistate operators to get into the retail weed business, and more.

Competition for New York marijuana retailer licenses is going to heat up. (Creative Commons)
Marijuana Policy

California Assembly Approves Bill to Stop Employers Asking About Past Marijuana Use. The Assembly on Wednesday approved Senate Bill 700, which would bar employers from asking job applicants about past marijuana use. The bill has already passed the Senate, but because of technical amendments made in the Assembly Appropriations Committee, it must go back to the Senate for a final concurrence vote.

"It is unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis," the bill says, although it lays out certain exceptions, such as for public safety-sensitive and law enforcement positions.

The measure builds on a law passed last year that bars employers from penalizing most workers for using marijuana in compliance with state law. That law makes it

unlawful for employers "to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon" off-duty marijuana use or drug tests that reveal cannabinoid metabolites.

New York Regulators Open Adult-Use Retail Sales Licenses to Multistate Operators. The Office of Cannabis Management, which regulates legal marijuana in the state, voted Tuesday to allow state medical marijuana operators to apply for adult-use retail marijuana licenses, clearing the way for multistate operators to enter the largest weed market on the East Coast.

Multistate operators snapped up most of the 10 "registered organization" permits to seek the new licenses. The Office will accept applications for retail or microbusiness licenses from October 4 though December 23.

"Today marks a pivotal step toward expanding and sustaining the state’s medical program and creation of an economically viable and equitable adult-use cannabis industry in New York," said Barry Carmody, a spokesperson for the New York Medical Cannabis Industry Association (NYMCIA).

Not everybody was as happy with the decision as NYMCIA. "Today’s Cannabis Control Board meeting opened the door for big cannabis to come in and compete with New York-based businesses," the Cannabis Association of New York (CANY), which represents small and state-based businesses, said in a statement.

Philadelphia City Council Overrides Mayor's Veto of Bill to Block Medical Marijuana Dispensaries from Transforming into Adult-Use Retail Outlets. Adult-use marijuana is not yet legal in Pennsylvania, but the city council passed a bill to block existing medical marijuana dispensaries from transforming themselves into adult-use retail outlets once that happens. Mayor Jim Kenney (D) then vetoed that bill, but now the city council has voted unanimously to overturned that veto.

The bill says that medical marijuana dispensaries "shall not include a person authorized to dispense marijuana for recreational or other nonmedical purposes."

Kenney's veto came because he believes the bill "creates unnecessary complexity" by setting special rules that only apply to a small section of the city (where dispensaries are) and because it was premature given that marijuana is not yet legal in the Keystone State. "Furthermore, the mayor wants to avoid creating barriers to local businesses who want to expand their current portfolios in the event that the laws change," said Sarah Peterson, a spokesperson for the administration.

But in overriding the mayor's veto, the council adhered to a tradition of voting in support of members of districts on matters of land use and streets in their district.

International

Australian Federal Opposition Seeks to Overturn Drug Decriminalization Law in Australia Capital Territory. New laws in the Australia Capital Territory (Canberra) that decriminalize the possession of personal use amounts of drugs go into effect next month, but some federal politicians want none of it and are now trying to overturn it.

Shadow Attorney-General Michaelia Cash of the national Liberal Party has filed a bill to do that—a private senator's bill called the Australian Capital Territory Dangerous Drugs Bill 2023 – which will be debated next month.

Likewise, federal opposition leader Peter Dutton declared himself dumbfounded by decriminalization. "I am totally shocked and dismayed at what the ACT government is doing," he said. "As a former police officer, I know that our hard-working law enforcement agencies work tirelessly to keep drugs off the streets and to keep our community safe, yet here we see this crazy government legislation that gives a green light to drug use and drug importation to Canberra.  The ACT government is rolling out the red carpet for drug use and more crime. It is effectively welcoming more ice, heroin, cocaine, MDMA and speed on our streets."

Canberra politicians, however, remain unbowed.

In a statement, ACT Labor senator and former chief minister Katy Gallagher said the laws were a "matter for the ACT Assembly".

"The ACT Assembly is a mature parliament, democratically elected by ACT voters," said ACT Labor senator and former chief minister Katy Gallagher. "I have spent my career in public life supporting the rights of Canberrans to determine the laws, policies and programs under which they are governed, and I will continue to do so despite the attempts by the federal opposition to try to undermine them."

Canberra Liberals leader Elizabeth Lee is also standing up for her constituency. "The Canberra Liberals will always stand up for territory rights and I am very concerned about any step to diminish that," she said. I do not agree with this action taken by the federal Coalition to seek to overturn legislation that was passed by the ACT Assembly."

 

She said while she disagreed with decriminalization, it was up to local voters—not national politicians—to make the decision by replacing the current government.

OTC Narcan Now Available at Major Pharmacies, VA Marijuana "Sharing" and "Gifting" Shops Pop Up, More... (9/6/23)

A majority of Floridians are ready to legalize weed, the British government moves to criminalize laughing gas, and more.

The British government is making laughing gas an illegal Class C substance. No more whippets for you Brits! (Creative Commons)
Marijuana Policy

Florida Poll Has Three Out of Five for Marijuana Legalization. A new poll from the University of South Florida and Florida Atlantic University has support for marijuana legalization at 60 percent. That includes 71 percent of Democrats, 59 percent of independents, and 50 percent of Republicans.

The poll comes as Floridians await a decision from the state Supreme Court on whether it will allow a marijuana legalization initiative from Smart & Safe Florida to appear on the ballot next year. The group has already met signature-gathering requirements.

The poll had even stronger support for medical marijuana, with 83 percent overall supporting it, including 87 percent of Democrats, 84 percent of independents, and 78 percent of Republicans.

Sixty percent support is precisely the amount needed for the initiative—a constitutional amendment—to pass at the polls. Given that initiative campaigners commonly seek a 10 percent cushion to be comfortable about their measure's prospects, Smart & Safe Florida is not yet in that comfort zone and needs another 10 percent increase in support to get there.

Virginia Shops Are "Sharing" and "Gifting" Marijuana Amid State's Lack of Legal Sales Mechanism. State Attorney General Jason Miyares has opined that shops "gifting" or "sharing" marijuana with customers are illegal, but they are proliferating anyway as the state grapples with marijuana legalization without a means of legal sales. Some of the stores "gift" marijuana to customers when they buy some other item from the shop, while others act like co-ops or clubs where members "share" marijuana with new members who either buy something or pay for membership.

Teresa Green and a partner own Good Vibes, which has nine shops in the region. She concedes that "gifting" marijuana is illegal but said her stores don't do that. Instead, she calls them "adult share stores," but when asked exactly how that work, she responded: "That’s as clear as I can get with it." She also said she was aware of the attorney general's opinion, but "anyone can have an opinion."

Police and prosecutors in the area are doing little about it and feeling frustrated. "There are so many gray areas that it’s just become impossible to enforce," said Greg Habeeb, a former Republican state delegate from Salem, president of Roanoke-based Gentry Locke Consulting, and representative of the Virginia Cannabis Association Habeeb. "So, a lot of law enforcement just aren’t enforcing it. They feel like their hands are tied."

"I don’t keep up with the popup marijuana stores and so I really don’t have an opinion, except to say that … it’s the Wild West out there," said longtime Roanoke Commonwealth’s Attorney Donald Caldwell. "To simply legalize marijuana and not have any restraints on it. And so, I think God knows what’s going on there. I certainly don’t."

Harm Reduction

Over-the-Counter Narcan Goes on Sale This Month at Major Retailers. The opioid overdose reversal drug naloxone is about to become much more widely available. Emergent BioSolutions, the manufacturer of Narcan, the naloxone nasal spray formulation, announced last week that it had shipped hundreds of thousands of the two-spray kits to major retailers.

The life-saving sprays will be available at CVS, RiteAid, Walgreens, and Walmart, but they won't be especially cheap. The suggested retail price is $44.99.

The Food and Drug Administration approved Narcan for over-the-counter use in March as the nation confronts an overdose crisis that killed an estimated 110,000 last year, with synthetic opioids such as fentanyl implicated in two-thirds of those deaths.

Prescription Narcan is already in wide use—carried by police officers and paramedics; stocked in libraries, schools, and vending machines; and distributed on the streets by harm reduction groups.

International

Britain to Make Laughing Gas an Illegal Class C Controlled Substance. The Conservative government has moved against nitrous oxide, popularly known as laughing gas, by announcing that it will become an illegal Class C substance by year's end. Under British drug laws, possession of a Class C substance is punishable by up to two years in jail, while distribution could garner up to 14 years behind bars.

Currently, supplying laughing gas for recreational use is banned, but possession is not.

The government move is counter to the advice of the Advisory Council on the Misuse of Drugs, which said that the ban would be disproportionate to the amount of harm linked to the drug.

"The British people are fed up with yobs abusing drugs in public spaces and leaving behind a disgraceful mess for others to clean up," said Home Secretary Suella Braverman. "Earlier this year the prime minister and I promised a zero-tolerance approach to antisocial behavior and that is what we are delivering. If you are caught using ‘laughing gas’ as a drug, you could be hit with a hefty fine or face jail time," she added.

OH Health Departments Oppose Pot Initiative, Uganda Lawmakers OK MedMJ, More... (8/23/23)

Mexican drug cartels are increasingly resorting to IEDs, a push for marijuana legalization is underway in Costa Rica, and more. 

Medical marijuana could be coming soon to Uganda. (Creative Commons)
Marijuana Policy

Ohio Health Departments Join Opposition to Marijuana Legalization Initiative. The Ohio Association of Health Commissioners, which represents the state's 112 local health departments, has joined the opposition to the marijuana legalization initiative from the Coalition to Regulate Marijuana Like Alcohol that will appear on the November ballot.         

The measure would allow people 21 and over to possess up to 2.5 ounces of pot and grow up to six plants, as well as setting up a system of taxed and regulated legal marijuana commerce.

An association representing Ohio’s 112 local health departments is opposing a marijuana legalization ballot measure set to go to voters in November, claiming the policy change would only contribute to drug-related problems in the state.

"Making marijuana more accessible through legal recreational use and retail sales hurts Ohio, creates serious new risks for children’s health and makes our workplaces and highways less safe," the association warned in a statement Tuesday. "With Ohio’s rates of opiate abuse and overdoses still among the highest in the country, we need to be helping Ohio find solutions to addiction, not facilitating it or the interests of an industry that profits from it."

The association joins with Gov. Mike DeWine (R) and the state's Republican political establishment in opposing the initiative, but a poll last month suggests they are out of touch with Buckeye state voters. That poll, from Suffolk University, had support for legalization at 59 percent.

International

Costa Rica Lawmakers Divided on Revised Recreational Marijuana Bill. A bill to legalize marijuana lost a vote in the Assembly's Environmental Commission, but will proceed to an Assembly floor vote anyway.

After several months on hold, the Environmental Commission of the Legislative Assembly will resume discussions this week on the bill to legalize recreational marijuana in the Costa Rica.

The proposal was rejected by the majority of the commission members, which includes three from the PLN  and two from the New Republic parties. This was confirmed by Manuel Morales, a member of the ruling party.

"There are five votes against," said Manuel Morales, a member of the ruling party.  "We have already prepared the minority report to be presented to the Plenary. Some of the substitute text includes their suggestions, but they are going to vote against it," he added. "When it reaches the Plenary, I believe it can be approved. It may be tight, but I think some members of the National Liberation party will support it," Morales stated.

The bill would legalize adult use marijuana, with regulations similar to those governing tobacco smoking, including no smoking in public. The revised bill would reallocate tax revenues from the legal marijuana market upon request of the ministries of health and security or the Drug Control Institute.

Mexican Army Says Drug Cartels Are Increasing Use of Roadside Bombs. The Army said Tuesday that drug trafficking organizations have increased their use of roadside bombs or improvised explosive devices (IEDs) this year, with at least 5 security force members killed and 42 police, soldiers, and suspects wounded.

The five members of the security forces killed included four state police officers and one National Guard officer.

The Army noted that the use of bomb-carrying drones has also increased. Before 2020, there were no drone attacks; this year there have been 260 so far.

The number of car bombs has also increased, from one last year to six so far this year.

So far, 556 IEDs of all types—roadside, drone-borne, and car bombs—have been found this year. More than 2,000 have been discovered since President Andres Manuel Lopez Obrador in 2018, with more than half of those in the state of Michoacan, which has been the scene of continuing violence between the rival Sinaloa and Jalisco New Generation cartels.

Uganda Parliament Passes Drug Law That Legalizes Medical Marijuana. The parliament on Tuesday approved the Narcotics and Psychotropic Substances Control Bill, which will now allow for the licensed cultivation and use of marijuana for medicinal purposes. The bill also legalizes the medicinal use of  khat, a plant native to Yemen and East Africa that acts as a mild stimulant.

"Under a highly controlled legal regime, the international obligations notwithstanding, the two plants (cannabis and Khat should only be allowed for cultivation and usage strictly for medical purposes and research," said Hon Kajwengye.

"The committee posits that all licences and permits to be issued under this Act should centrally be issued by the Ministry responsible for Health since the permission to use narcotic drugs and psychotropic substances is restricted to only medical purposes; the Ministry of Internal Affairs should remain the enforcement arm of the Government," said Hon. Kajwengye.

CO Now Allows Online Weed Sales, MD Lawmakers Eye Changes to New Pot Law, More... (8/21/23)

Bipartisan lawmakers urge the VA to end its ban on doctors recommending medical marijuana to vets in states where it is legal, Colorado now allows online weed sales, and more.

Marijuana Policy

Colorado Now Allows Online Weed Sales. As of this month, Coloradans can purchase their marijuana online—but they still have to go to the pot shop to pick it up. Gov. Jared Polis (D) in June signed into law House Bill23-1279, which amended the state marijuana law to allow for online sales.

The bill says: "Licensed retail marijuana store may accept payment online for the sale of retail marijuana and retail marijuana products."

"What the bill mainly aims to do, from my perspective, is reduce cash in the marijuana space, which is something that is exceedingly important to do because when there is a tremendous amount of cash in any industry, it can lead to some troubling outcomes—specifically things like robbery," said Sen. Kevin Van Winkle (D). "It sets them up for tremendous amount of potential theft, and other things."

Maryland Lawmakers Looking to Amend Marijuana Legalization Law. The state's marijuana legalization law has performed admirably as the state's two-month-old legal marijuana industry nears $100 million in sales, but even so, key lawmakers are signaling that it is likely to be amended in the coming legislative session.

Maryland’s cannabis industry is less than two months old and lawmakers and regulators are already contemplating tweaks in the coming General Assembly session.

"I think everybody, the governor’s office, Cannabis Administration, ATCC [Alcohol, Tobacco and Cannabis Commission], and the legislators are evaluating everything to see if there’s stuff," said Will Tilburg, acting director of the Maryland Cannabis Administration.

Still, Tilburg and Senate Finance Committee Chair Melony Griffith (D) said some tweaks may be attempted when the legislature reconvenes next year.

"I mean, alcohol was legalized 90 years ago with the repeal of prohibition," said Tilburg. "Every year, there’s a few hundred bills related to the alcohol industry. So, we do expect that this year in the 2024 session and moving forward, we will see additional legislation to tweak this industry."

"I don’t think there’s any possibility we get through the ’24 session without some tweaking on the cannabis," Griffith said. "This is not going to be ‘We fixed it and we’ve solved all the issues and we’ll never have a bill on this subject again.’"

But neither offered any specifics.

Medical Marijuana

Bipartisan Lawmakers Ask VA Secretary to End Ban on Doctors Recommending Medical Marijuana to Vets. Three co-chairs of the Congressional Cannabis Caucus—Reps. Barbara Lee (D-CA), Earl Blumenauer (D-OR) and Dave Joyce (R-OH)—have sent a letter to Veterans Affairs Secretary Denis McDonough expressing "deep concern" that a recently updated VA marijuana directive continues to bar doctors from recommending medical marijuana to veterans in states where it is legal.

The VA "has once again denied the reality of medical marijuana as a key treatment option" for veterans with post-traumatic stress disorder (PTSD), chronic pain and other health conditions, the lawmakers wrote. The decision to continue with the "harmful policy" on medical marijuana recommendations was "alarming," they added.

"We urge you to reconsider this misguided prohibition that prevents these health professionals from considering the full range of available treatment options in consultation with their patients," the lawmakers wrote. "Giving VA providers the discretion to recommend or not recommend medical marijuana as best serves their patients would improve veterans’ services and stop forcing them to self-medicate or seek care outside of the VA system," the letter says. "It would not put providers at risk of federal prosecution from the Department of Justice and its agencies."

"Many veterans already report using cannabis for medical purposes as a substitute for prescription drugs and their side effects," they added. "VA is isolated in its continued denial of this treatment option for veterans. No one is better qualified to make recommendations on care for their patients than veterans working with their VA health care providers," the letter continues. "We applaud VA’s continued protection from retribution against veterans using medical marijuana. However, reaffirming the prohibition on recommendations, referrals, and forms for state-authorized medical marijuana puts stigma in the VA ahead of the needs of veterans. It is past time for VA to become a better partner in the path forward on this issue for our veterans. Instead of blocking veterans from equal access to this treatment option, VA should participate in the additional research and education we owe to patients and the public. We urge you to rethink the detrimental prohibition against providers serving their patients to the best of their ability where medical marijuana is authorized and regulated by their states."

German Cabinet Okays Scaled-Back Legal Weed Bill, AL MedMJ Licensing Blocked, More... (8/16/23)

Marijuana legalization is stalled in the US Virgin Islands, the Thai cabinet approves a pilot program of medicinal opium and magic mushroom cultivation, and more.

Marijuana Policy

US Virgin Islands Marijuana Legalization Stalls. Gov. Albert Bryan, Jr. signed a marijuana legalization bill into law in January, but seven months later, progress is stalled. The Office of Cannabis Regulations does not have the money to hire staff, the Cannabis Advisory Board lacks enough members to constitute a quorum, and the legalization law itself needs to go back to the legislature to address flaws that have emerged since it passed.

As a result: "For the average individual, use of the product in a legal way, currently, really doesn't exist," said board Chairwoman Dr. Catherine Kean.

The board last met in public 11 months ago and was preparing to approve rules for medical marijuana, which had been approved in 2019, when it abandoned the process in anticipation of the new law legalizing recreational and sacramental use by people 21 and over.

"The course that we had been on was completely changed. It meant that all the rules and regs that we had and were about to launch and move into the portion where we put out RFPs, or requests for proposals for contractors to assist with licensing and testing," Kean explained. "So, we're essentially put back to the drawing board. That meant that legal counsel had to review the bill, as did all of us. We had to review the bill, we had to go back to our legal counsel, have our legal counsel come up with new rules and regulations for the new adult recreational bill, so that was a very lengthy, time-consuming process," Kean said.

While the government has made efforts to remind citizens that marijuana remains illegal, the grey market is thriving and marijuana is widely available for sale throughout the territory.

Medical Marijuana

Alabama Company Asks Judge to Block Medical Marijuana Licenses. A company that failed to win a medical marijuana license asked a judge Tuesday to block the state from issuing licenses to anyone. The company argued that a state commission improperly deliberated behind closed doors before choosing winners of the lucrative licenses.

Last week, the Alabama Medical Cannabis Commission nominated and approved companies after meeting in private for several hours. Alabama Always, a company that was not among the winners, said the commission violated the Open Meetings Act, and is seeking a temporary restraining order to block the licenses from being issued.

The company claimed commissioners "retreated into executive session, only to emerge three and a half hours later and ratify a slate of applicants that it had voted on during executive session."

The commission, though, said that while commissioners met in private to receive information about license applicants, it did not deliberate in private.

Now, the court will sort it out. In the meantime, Alabama patients are left out in the cold.

International

German Cabinet Approves Scaled-Back Marijuana Legalization. The cabinet on Wednesday approved a scaled-back plan to legalize the personal use of marijuana by allowing adults to possess up to 25 grams of the drugs. They can also grow up to three plants for private use or participate in a co-op or collective that can have up to 500 members. The law will be evaluated after four years.

The legislation, which is expected to approved by lawmakers before year's end, marks "a turning point in an unfortunately failed cannabis drug policy," Health Minister Karl Lauterbach said.

The German government initially proposed a broader legalization complete with commercial sales, but ran into obstacles with the European Union and dropped commercial legalization -- for now. It now says it will consider a pilot program of commercial sales some time in the future.

Thai Cabinet Approves Medicinal Trials of Opium and Magic Mushrooms. The cabinet has approved a royal draft decree to allow the cultivation of opium and magic mushrooms for medicinal use on a trial basis.

The Justice Ministry presented the proposal, which also has the support of key government bodies including the Higher Education, Science, Research and Innovation Ministry, Interior Ministry, Office of the National Economic and Social Development Council, and the Royal Thai Police.

Under the pilot project, the International Narcotics Control College will grow opium, while the Government Pharmaceutical Organization will extract morphine from the poppies in a bid to reduce dependence on foreign opiate medication supplies.

The decree also aims to enable the growth of magic mushrooms in designated universities and educational institutions across four regions of Thailand. The aim is to create anti-depressant drugs from psilocybin.

San Francisco Has Magic Mushroom Churches, DeSantis Doubles Down on Cartel Threats, More... (8/7/23)

Wisconsin's Democratic governor signs a bill heightening penalties for fatal drug overdoses, Israel's Health Ministry says patients can be prescribed marijuana beginning in December, and more.

Ron DeSantis tries to pick up some steam by threatening to violently attack Mexican drug cartels. (myflorida.com)
Psychedelics

San Francisco Magic Mushroom Churches Have Authorities Befuddled. At least two magic mushroom churches where residents can purchase the hallucinogenic fungus have opened this year in the city, and the city has yet to figure out how to respond. One is Zide Door, an offshoot of a similar operation across the bay in Oakland; the other is the Living Church in Lower Nob Hill.

Magic mushrooms are illegal under both state and federal law, but were declared a lowest law enforcement priority in the city in 2022. Last December, police raided a Haight Street storefront for illegally selling magic mushrooms, but that raid generated criticism from Supervisor Dean Preston, who questioned why city police " chose to use extensive resources on a drug bust for substances the city considers to be of lowest priority." That case remains unresolved.

City officials have yet to move against the magic mushroom churches amid speculation that the churches may resort to a religious exemption defense to any potential charges. A handful of churches across the country have won the right to use psychedelics ceremonially, although San Francisco attorney Graham Pechenik, who specializes in marijuana and psychedelic law, warned that the religious argument is not all-encompassing.

"Merely claiming to be a church and having customers 'join' the church is unlikely to provide a shield against prosecution, and even providing church services under a defined set of beliefs may be insufficient to win in court," he said.

Sentencing Policy

Wisconsin Governor Signs Drug Dealer Murder Bill into Law. Gov. Tony Evers (D) last Friday signed into law Senate Bill101, which increases the penalty for first-degree reckless homicide involving drugs. The bill moves the offense from a Class C felony to a Class B felony and makes drug dealers and userseligible for sentences of up to 60 years if they are involved in a fatal overdose.

The bill has been criticized for lacking protections for people who use drugs with others, including Good Samaritans who call for help when someone overdoses. The ACLU of Wisconsin blasted Evers for signing it into law.

"The decision by Gov. Evers today to sign SB 101 into law represents a step in the wrong direction in Wisconsin's fight against drug overdoses. If we've learned anything from the failed War on Drugs, it's that we cannot incarcerate our way out of addiction and drug use. Yet, after decades of abject policy failure, we are still repeating the same mistakes," said James Stein, deputy advocacy director of the ACLU of Wisconsin.

"The law enacted today is deeply misguided and counterproductive. It further entrenches us in destructive cycles of criminalization and punishment that devastate our communities -- particularly Black and Brown communities -- while doing little to nothing to combat drug problems. While purporting to crack down on drug distribution, SB 101 could lead to an increase in fatal overdoses, as people might be less likely to seek medical attention for someone overdosing out of fear of prosecution. In addition, an extensive body of research -- as well as our own lived experiences -- tells us that punitive drug laws don't reduce drug use, addiction, or overdose," Stein continued.

Foreign Policy

DeSantis Doubles Down on Deadly Force Promise Against Mexican Drug Cartels. As he continued to pursue the Republican presidential nomination last Friday, Florida Gov. Ron DeSantis doubled down on an earlier commitment to use force against Mexican drug cartels to block the flow of fentanyl coming through the southern border.

"Day one, we're declaring it to be a national emergency," DeSantis said. "I'm going to do what no president has been willing to do. We are going to lean in against the cartels directly, and we are going to use deadly force against them."

That would involve the use of the US military in lethal offensive operations in Mexico, something that Mexican President Andres Manuel Lopez Obrador has angrily rejected. But it is only one of a panoply of increasingly aggressive policy prescriptions aimed at the cartels coming out of Republican precincts as the death toll from fentanyl overdoses rises.

International

Israel Health Minister Says Patients Can Be Prescribed Medical Marijuana Beginning in December. The Health Ministry has announced that doctors will be able to prescribe marijuana to patients beginning in December. Currently, patients need a license to use medical marijuana.

The change is intended to make it easier for patients to get access to the drug and to remove bureaucratic obstacles. The ministry said it will review the changes after one year.

(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 Foundation takes 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.)

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