The end is in sight.

After surviving a perilous passage through more than two dozen House and Senate committees, companion marijuana legalization bills, House File100 and Senate File 73 are nearing the finish line. The House bill has passed all 15 committees that examined it and awaits a House floor vote on Monday. The Senate bill has but one committee vote to go before it, too, heads for a floor vote.

With the Democratic-Farm-Labor (DFL) Party supporting the bills and controlling both the legislature and the governor's mansion, the bills are expected to pass their respective chambers. But they may require a conference committee vote to reconcile any differences before heading to DFL Gov. Tim Walz, who also supports legalizing marijuana.

What a difference an election makes. Two years ago, similar legislation passed the House only to be blocked by the Republican-controlled Senate. But this year, the DFL is in control, and the Republicans will not be able to stop them.

The bills have been sliced and diced during the committee process. So, now that Minnesota is on the verge of becoming the next state to legalize marijuana (although Delaware could beat it with legalization bills already on the governor's desk), what is legalization going to look like there? Here are the key provisions in the latest versions of the bills:

• The bill originally allowed adults to possess up to 5 pounds of marijuana at home, but the House bill now sets that limit at 1 ½ pounds and the Senate versions sets it at 2 pounds, so this will be hashed out in conference committee.
• Home cultivation of up to 8 plants is allowed.
• People 21 and over can purchase up to 2 ounces of buds, 8 grams of concentrate, and 800 milligrams of edibles at one time. They can also possess these amounts in public.
• Gifting up of up 2 ounces without remuneration is allowed.
• On-site consumption at special events will be allowed.
• Marijuana deliveries will be allowed.
• A state agency, the Office of Cannabis Management, will oversee licensing of recreational and medical marijuana enterprises. The House bill allocates $73 million for administrative and educational costs through 2026, when revenues from legalization are expected to sustain such costs.
• Cities and counties can reasonably regulate but not prohibit marijuana businesses.
• Cities or counties can operate their own retail marijuana shops.
• Expungements for past misdemeanor marijuana offenses will be automatic, while past pot felonies will be examined on a case by case basis.
• The House bill sets an 8 percent gross receipts tax on marijuana products for the next four years, while the Senate bill has been amended to set that rate at 10 percent, so this will be hashed out in conference committee.
• Social equity applicants will get preferential scoring on applications, with social equity applicants defined as veterans with marijuana convictions and residents of low-income neighborhoods.
• Commercial marijuana growers will pay a $10,000 application fee, a $20,000 initial license fee and $30,000 to renew their licenses. Retailers would pay $2,500 in application fees and $5,000 for renewals, while "microbusinesses" will pay no initial license fee, a $500 application fee, and $2,000 for annual renewal.
• There is a special category of low-potency hemp retailer and processor licenses to preserve the state's existing CBD edibles and drinks market.
• Vertical integration allowing medium-sized businesses to operate grows, processing facilities, and retail shops will be allowed under a "mezzobusiness" license. Hemp companies and marijuana "microbusinesses" will also be allowed to vertically integrate.

If and when Minnesota legalizes marijuana, it will blow a gaping hole in regional pot prohibition. All of the states it borders -- North Dakota, South Dakota, Iowa, and Wisconsin -- are prohibition states. In the Upper Midwest, Minnesota will lead by example.

Houston's DA tells the cops not to jail people for less than four grams of drugs, Washington's House votes to keep drug possession a misdemeanor, and more.

Marijuana Policy

Illinois Senate Approves Bill to Ban Car Searches Over Marijuana Odor. The Senate has approved Senate Bill 125, which bars police from conducting car searches based on the smell of marijuana emanating from a vehicle. Now, state residents will no longer have to store their weed in an odor-proof container as they travel the state's roads and highways. "People -- especially people of color -- are unnecessarily pulled over far too often," said bill sponsor Sen. Rachel Ventura (D). "The odor of cannabis alone shouldn't be one of those reasons. Cannabis is legal in Illinois and it's a pungent scent that can stick to clothes for extended periods of time."

Medical Marijuana

Oklahoma House Committee Approves Package of Medical Marijuana Bills. The House Alcohol, Tobacco and Controlled Substances Committee on Wednesday approved eight different medical marijuana bills, including one that would limit the THC content of edibles. Senate Bill 440 would limit Delta-9 THC content to 1,000 milligrams per package. Among other bills, Senate Bill 437 would force the Oklahoma Medical Marijuana Authority to rebid its contract for seed-to-sale technology. Senate Bill 645 would require packaging of all products, including flower. Senate Bill 801 would allow authorities to monitor water and power usage of grow facilities. Senate Bill 913 would require grow operators to post a $50,000 bond unless they've owned the property for at least five years.

Texas House Passes Bill to Expand Medical Marijuana Program. The House on Wednesday approved a bill that would add people with chronic pain to the state's list of people eligible to use medical marijuana, House Bill 1805. Texans who suffer from post-traumatic stress disorder (PTSD), autism, ALS, cancer and epilepsy already qualify under the program.

Drug Policy

Drug Policy Alliance Reacts to Biden Administration Designating Fentanyl Combined with Xylazine as an Emerging Threat. In response to the White House today designating fentanyl combined with xylazine as an emerging threat, Maritza Perez Medina, Director of the Office of Federal Affairs at the Drug Policy Alliance, released the following statement:

"We, too, are concerned about xylazine and agree that more public health tools are urgently needed. This should include public education, evidence-based treatment and harm reduction, xylazine test strips and other life-saving overdose prevention services, such as overdose prevention centers. And because xylazine is most often combined with opioids, we should continue to double down on increasing access to naloxone and medications to treat opioid use disorder, like methadone and buprenorphine. We should also fund further research into xylazine, its potential harms and benefits, and possible antagonists that could reverse xylazine-involved overdoses, similar to the way naloxone can reverse opioid-involved overdoses.

"Yet, in order for these to be fully effective, the Biden Administration must learn from the mistakes of the past and not push more supply-side interdiction policies. They are incredibly counterproductive and lead to a more unknown and potentially more potent drug supply. Crackdowns on prescription opioids and heroin created the conditions for fentanyl analogues to flourish and overtake the drug supply. And now history is once again repeating itself, with newer, potentially more harmful substances -- like xylazine -- popping up and already overtaking some markets. Make no mistake, focusing on supply-side interdiction will only dig us deeper into this crisis and inevitably result in more loss of life."

New Mexico Governor Vetoes Two Sentencing Reform Bills. In a nod to law enforcement, Gov. Michelle Lujan Grisham (D) has vetoed two sentencing reform bills saying prosecutors needed tools to "encourage" defendants to get drug treatment. Senate Bill 187 would have no longer allowed courts to count a drug possession charge or a DWI charge from another jurisdiction when considering sentencing someone as a "habitual offender." Senate Bill 84 would have revised the state's probation and parole system and tied punishments to the severity of the violation -- rather than the crime that originally sent them to prison.

Washington House Votes to Keep Drug Possession a Misdemeanor. The House voted early Wednesday morning to keep drug possession a misdemeanor, which it had been temporarily since the state Supreme Court threw out the state's felony drug possession law in 2021. Senate Bill 5536 will allow police to arrest drug possessors on a first offense, but also give them full discretion to divert offenders. The maximum sentence for a gross misdemeanor is one year in jail. The bill also allows drug charges to be wiped from someone's record if he commits no new offenses in a year, even if they have not completed drug treatment. Efforts to decriminalize or re-felonize drug possession both came up short.

Law Enforcement

Houston DA Tells Police Not to Jail Small-Time Drug Offenders. Harris County (Houston) District Attorney Kim Ogg (D) has sent a memo asking local law enforcement to not take people into custody for possessing less than four grams of drugs. Citing a backlog of criminal cases in the county, Ogg said the move will shorten the time between case filing and the final disposition of the case. "This means people will not languish in jail as long, cases will not crowd up dockets as long, and we will continue to prioritize the serious violent crimes over those cases,"said Ogg. "If there's a public safety threat, there's an exception to the policy."

Psychedelics

Washington House Passes Bill Setting Framework for Psilocybin Use. The House on Tuesday approved Senate Bill 5263, which would allow the state to establish an advisory board and task force to provide advice and recommendations on developing a regulatory framework for access to psilocybin. If ever legalized, only Washington residents who are 21 and older would be able to access the drug. The Senate has already approved the bill, but because the House amended it to add a pilot program psilocybin to serve veterans and first responders with post-traumatic stress disorder, depression and substance use disorder, it must now go back to the Senate for a concurrence vote.

International

Germany Waters Down Marijuana Legalization Plan After Talks with European Union. After discussions with the European Union, the German government says it now plans to legalize the possession and private cultivation and distribution of marijuana but not widespread sales in pot shops. The legislation does include a pilot project for a small number of licensed pot shops to evaluate the effect of a commercial marijuana supply chain on public health, the black market, and the protection of minors. Under the plan, possession of up to 25 grams would be legal. The government gave no time line for moving the legislation.

Minnesota's marijuana legalization bill wins yet another committee vote, a Connecticut psilocybin decriminalization bill heads for a House floor vote, and more.

Marijuana Policy

Minnesota Marijuana Legalization Bill Wins 14th House Committee Vote. The House Tax Committee has become the 14th House committee to approve the marijuana legalization bill, House File100. Approval came on a voice vote last Thursday after the committee adopted a large-scale amendment to overhaul various tax provisions of the legislation, moving away from the legalization plan put forward by Gov. Tim Walz (DFL). Companion legislation is also moving in the Senate, with differences between the two bills to be worked out in conference committee. The bill heads next to the House Ways and Means Committee on Monday. Meanwhile, the Senate version is heading to the Rules and Administration Committee next Tuesday.

Washington Bill Banning Pre-Employment Marijuana Drug Approved by Legislature. Both the House and the Senate have approved a bill, Senate Bill 5123, that would bar employers from taking adverse actions against new hires because of a failed drug test for marijuana. The Senate approved it last month, and the House passed it last week. Because of minor changes in the bill's text in the House, it must go back to the Senate for a concurrence vote this week. Then it will go to the desk of Gov. Jay Inslee (D). "It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person’s use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids."

Medical Marijuana

Kentucky Becomes 38th State to Legalize Medical Marijuana. Gov. Andy Beshear last Friday signed into law Senate Bill 47, making the state the 38th to allow for the medicinal use of marijuana. The bill will allow patients with specified medical conditions, including cancer, chronic pain, epilepsy and post-traumatic stress disorder to obtain a doctor’s recommendation to use cannabis medicinally. The bill does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaporization. Other marijuana formulations including capsules, tinctures and topical products are also authorized by the bill. Patients will be permitted to possess a 10-day supply of cannabis on their person and a 30-day supply at home. It will be up to the Cabinet for Health and Family Services to draft and put into place regulations for the production and sale of medical marijuana.

Psychedelics

Connecticut Psilocybin Decriminalization Bill Wins Committee Vote. The House Judiciary Committee voted last Thursday to send a bill decriminalizing the possession of small amounts of psilocybin, House Bill 6734, to the House floor. Under the bill possessing less than a half ounce of psilocybin or psilocybin-containing mushrooms a ticketable offense with a maximum $150 fine for a first offense. Further offenses would carry fines between $250 and $500 along with a referral to a drug education program.

Drug Policy

Bipartisan Reentry Act Introduced in Senate. US Sens. Tammy Baldwin (D-WI) and Mike Braun (R-IN) introduced bipartisan legislation that expands access to health care, including mental health services and substance use disorder treatment, for Medicaid-eligible individuals 30 days before their release from jail or prison. The Reentry Act would also make it easier for states to provide effective substance use disorder treatment and services, allowing for smoother transitions to community care and a reduced risk of overdose deaths post-release. Just released inmates are at extremely high risk of suffering drug overdoses. "When people serve their time and are working to transition back into the community, it is our responsibility to give them the tools they need to live healthy, successful lives, and that includes health care coverage to help reduce the risk of overdose," said Sen. Baldwin. "The opioid and substance use epidemic impacts every community across the country, but particularly incarcerated individuals who are working to reenter society. I’m proud to work with Democrats, Republicans, law enforcement, and the public health community on this reform to fight against this deadly epidemic and help those reentering our communities do so safely."

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

Marijuana Policy

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also establishes a new, alternative registration process for Schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban.