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)

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 Program: Provides 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."

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)

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.

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)

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.

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.

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.