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Federal MedMJ Prisoner Luke Scarmazzo Freed, MN Pot Legalization Bill Advances, More... (2/3/23)

A Florida marijuana legalization initiative has passed its first hurdle on the way to the ballot, a new Texas poll shows very strong support for marijuana reforms, and more.

Luke Scarmazzo. Freed after 14 years for running a California medical marijuana dispensary. (Mission Green)
Marijuana Policy

Florida Marijuana Legalization Initiative Passes Initial Hurdle. A proposed constitutional amendment to legalize marijuana has passed the first hurdle on the way to the ballot. The Smart & Safe Florida initiative first challenge was to come up with 222,298 valid voter signatures to trigger a judicial and financial impact review. On Thursday, it reported that it had 294,000 valid signatures. If the measure now gets through the reviews, organizers would then have to gather an additional 891,589 valid signatures to get the issue to ballot position. And if it manages to qualify for the ballot, it will need 60 percent of the vote to be approved.

Minnesota Marijuana Legalization Bill Wins Another Committee Vote. The marijuana legalization bill, House File 100, continues to advance. On Thursday, it was approved by the House Agriculture Finance and Policy Committee, the sixth House committee to advance it. That puts the bill at the half-way point in the chamber, where another six committee votes are anticipated. Companion legislation has also been moving in the Senate, although a Senate committee hearing set for Thursday was postponed. Gov. Tim Walz (D) has called on supporters to join lawmakers and the administration in their push legalize marijuana this session.

Texas Poll Finds Supermajority for Medical Marijuana and Decriminalization, Two-Thirds for Legalization. A new YouGov/University of Houston poll has support for legalizing medical marijuana at 82 percent, support for decriminalization at 81 percent, and support for legalization at 67 percent. On medical marijuana, 93 percent of Democrats, 79 percent of independents, and even 73 percent of Republicans were in favor. Similarly, one legalization, 80 of Democrats, 66 percent of independents, and 55 percent of Republicans were on board. The Republican-dominated state legislature, however, has balked at advancing reform legislation.

Medical Marijuana

Medical Marijuana POW Luke Scarmazzo Freed After 14 Years in Federal Prison. Luke Scarmazzo, sentenced to 22 years in federal prison for operating a California medical marijuana dispensary is scheduled to walk free today after winning a case for compassionate relief in federal court in the Eastern District of California. He was most recently imprisoned at the federal prison in Yazoo City, Mississippi. Scarmazzo and business partner Ricardo Montes opened California Healthcare Collective in Modesto in 2004, operating a business legal under state law. But the DEA raided his operation in 2006, arresting the pair, and they were charged with manufacture of marijuana, possession with intent to distribute, and operating a continuing criminal enterprise, which carries a mandatory minimum of 20 years. Scarmazzo is believed to be the last California medical marijuana provider to be held in federal prison. 

BC Drug Decriminalization Now in Effect, MN Legal Pot Bill Continues to Advance, More... (2/1/23)

The North Dakota House kills an effort to allow medical marijuana patients to use edibles, a Republican congressman files a marijuana rescheduling bill, and more.

No medical marijuana edibles for you, North Dakota! (Creative Commons)
Marijuana Policy

GOP Congressman Files Marijuana Rescheduling Bill. For the third Congress in a row, Rep. Greg Steube (R-FL) has filed a bill that would move marijuana from Schedule I to Schedule III. The measure, HR 610, says "the Attorney General of the United States shall, by order not later than 60 days after the date of enactment of this section, transfer marijuana…from schedule I of such Act to schedule III of such Act." Such a move would not legalize marijuana, but would, Steube says, "drastically expand" opportunities for research and study.

Minnesota Marijuana Legalization Bill Wins More Committee Votes. The marijuana legalization bill continues to move forward. The House State and Local Government Finance and Policy Committee approved the bill, House File 100, on Tuesday, becoming the fifth House committee to do so. Meanwhile, the Senate version of the bill passed the Senate Jobs and Economic Development Committee on Monday, becoming the fourth Senate committee to do so. Lawmakers have said the bill could face as many as 12 committee votes, meaning the measure is currently three-fourths of the way home. Democrats hold majorities in both houses, as well as the governorship, and are confident the bill will pass and be signed into law in short order.

Medical Marijuana

North Dakota House Kills Bill to Allow Edibles. The House on Tuesday killed a pair of bills that would have made medical marijuana edibles legally available to patients. The House Human Services Committee had amended elements of House Bill 1202 and House Bill 1164 into HB 1202, but the full House killed HB 1202 on a 55-37 vote (it needed two-thirds to pass) and killed HB 1164 on a 20-72 vote. Under the initiative approved by voters in 2016, patients are limited to using dried buds or THC products such as concentrates and tinctures—not edibles. Bill supporters said edibles are a healthier and more accurate means of dosing medical marijuana, but the legislature wasn't listening.

International

Drug Possession is Now Decriminalized in Canada's British Columbia. An exemption to the country's federal drug laws that allows British Columbia to engage in a three-year experiment with drug decriminalization is now in effect. The move is an effort to fight the province's drug overdose crisis. BC accounts for about a third of all Canadian drug overdose deaths, with more than  10,000 overdose deaths in the province since 2016, more than 4,500 of them in the last two years. Under the decriminalization program, possession of up to 2.5 grams of substances such as heroin, fentanyl, cocaine, and methamphetamine is no longer a criminal offense. Supporters of the program say it will reduce stigma and enable healthier outcomes for drug users. 

Medical Marijuana Update

Mississippi becomes the latest state to see legal medical marijuana sales, the North Dakota House kills bills aimed at allowing patients to use edibles, and more.

Mississippi

Medical Marijuana Sales Have Begun in Mississippi. Nearly a year after medical marijuana was legalized in the state, the first legal sales have taken place. The first sales occurred lastWednesday at The Cannabis Company in Brookhaven and at two Oxford dispensaries, Hybrid Relief and Star Buds. More than 1,700 patients are currently enrolled in the state's medical marijuana program. Voters approved a medical marijuana initiative in 2020, only to have it invalidated by the state Supreme Court. The legislature then passed a bill authorizing it.

North Carolina

North Carolina GOP Senators File Medical Marijuana Bill. On the first day bills could be filed in the new General Assembly session, Senators Michael Lee (R-New Hanover) and Bill Rabon (R-Brunswick) filed Senate Bill 3, which would legalize medical marijuana in the state. Known as the North Carolina Compassionate Care Act, the bill allows the use of medical marijuana for a specified list of debilitating conditions, including cancer, epilepsy, Crohn’s Disease, Parkinson’s Disease and Post Traumatic Stress Disorder. The pair filed a similar bill last year that passed the Senate but never got any traction in the House.

North Dakota

North Dakota House Kills Bill to Allow Edibles. The House on Tuesday killed a pair of bills that would have made medical marijuana edibles legally available to patients. The House Human Services Committee had amended elements of House Bill 1202 and House Bill 1164 into HB 1202, but the full House killed HB 1202 on a 55-37 vote (it needed two-thirds to pass) and killed HB 1164 on a 20-72 vote. Under the initiative approved by voters in 2016, patients are limited to using dried buds or THC products such as concentrates and tinctures—not edibles. Bill supporters said edibles are a healthier and more accurate means of dosing medical marijuana, but the legislature wasn't listening.

Pennsylvania

Pennsylvania Bill Would Allow Medical Marijuana for Any Condition Doctor Approves. Sen. Mike Regan (R-Cumberland) and Sen. James Brewster (D-Allegheny) are preparing to file a bill that would strip the state's Medical Marijuana Advisory Board of its function of determining which medical conditions allow patients to use medical marijuana and instead allow its use for any condition for which a doctor approves it. "Elected officials and bureaucratic staffers should not be deciding what ailment qualifies an individual to use medical marijuana," they said in a cosponsor memo they are circulating. The two senators are chairmen of the Senate Law and Justice Committee.

ICC Reopens Inquirty into Philippine Drug War Crimes, WA Home Grown Bill, More... (1/30/23)

An Arizona magic mushroom research bill is filed, Germany's plans to legalize marijuana face delays, and more.

Former Philippines President Rodrigo Duterte is back under the scrutiny of the International Criminal Court. (CC)
Marijuana Policy

Washington State Home Cultivation Bill Gets Hearing This Week. A bill that would allow people 21 and over to grow up to six plants at home, House Bill 1614, is set for a hearing this week. Filed by Rep. Shelley Kloba (D), the bill will be heard in the House Committee on Regulated Substances and Gaming at 8:00 a.m. on Thursday. The bill would not allow home cultivation at houses used for early childhood education or early learning services by a family day care provider.

Medical Marijuana

Pennsylvania Bill Would Allow Medical Marijuana for Any Condition Doctor Approves. Sen. Mike Regan (R-Cumberland) and Sen. James Brewster (D-Allegheny) are preparing to file a bill that would strip the state's Medical Marijuana Advisory Board of its function of determining which medical conditions allow patients to use medical marijuana and instead allow its use for any condition for which a doctor approves it. "Elected officials and bureaucratic staffers should not be deciding what ailment qualifies an individual to use medical marijuana," they said in a cosponsor memo they are circulating. The two senators are chairmen of the Senate Law and Justice Committee.

Psychedelics

Arizona Bill Would Allow Magic Mushroom Clinical Trials. Republican Rep. Kevin Payne and Democratic Reps. Jennifer Longdon and Stacey Travers, along with Republican Sen. T.J. Shope, are all backing House Bill 2486, which would put $30 million in grants over three years toward clinical trials using whole-mushroom psilocybin to treat mental health conditions like depression and PTSD. The bill has been assigned to the Health and Human Services and Appropriations committees.

International

German Push for Marijuana Legalization Likely Delayed. Germany has yet to submit its proposal for marijuana legalization to the European Commission, making its plan to do so in 2024 increasingly unlikely. The proposed law is "currently being drafted," the Health Ministry said. "A large number of legal and operational questions concerning implementation need to be answered and coordinated between the ministries in charge" before it can be submitted to the European Commission, it added. The German government first unveiled its plan to legalize it in October 2022. The plan would for the home cultivation of three plants and the possession of up to 30 grams, as well as setting up a legal marketplace. Germany has said it will advance the legislation only if it compatible with European Union law and will not do a final draft of the law until and unless the European Commission gives its okay.

International Criminal Court Reopens Investigation into Philippines Drug War. The International Criminal Court (ICC) announced last Thursday that it will reopen its investigation into possible "crimes against humanity" in the Philippines' prosecution of a bloody war on drugs under former President Rodrigo Duterte. That campaign led to the deaths of thousands of people. The ICC had announced plans for an investigation in February 2018 but suspended that query in November 2021 at the request of the Philippines after the government there said it was conducting its own review. After reviewing files submitted by the Philippines, ICC Prosecutor Karim Khan said further delay was not warranted and applied to reopen the ICC case. Last Thursday, the ICC said it was "not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court’s investigations. The various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the Court’s investigation."

MS MedMJ Sales Begin, Myanmar Opium Production Increases, More... (1/27/23)

A Minnesota marijuana legalization bill is cruising right along, Hong Kong bans CBD as a "dangerous drug," and more.

Opium production is Myanmar has jumped dramatically since the military coup nearly a year ago. (UNODC)
Marijuana Policy

Minnesota Marijuana Legalization Bill Keeps Advancing. A marijuana legalization bill, House File 100, has won approval in the House Labor and Industry Finance and Policy Committee Thursday. That's the fourth committee to approve it in the House. Meanwhile, a companion bill in the Senate was approved by the Commerce and Consumer Protection Committee.

Ohio Bill Would Protect Drivers with THC in Their Systems. State Sen. Nathan Manning (R-North Ridgeville) has filed Senate Bill 26, which would protect drivers from facing charges for having THC in their system as long as they can prove they were not impaired. The bill would remove the per se limits for marijuana and marijuana metabolites for the purpose of determining whether the driver was Operating a Vehicle Under the Influence (OVI). Without a set per se level (where the state assumes one is intoxicated), the bill effectively removes the automatic license suspension for those caught with THC in their systems.

Medical Marijuana

Medical Marijuana Sales Have Begun in Mississippi. Nearly a year after medical marijuana was legalized in the state, the first legal sales have taken place. The first sales occurred Wednesday at The Cannabis Company in Brookhaven and at two Oxford dispensaries, Hybrid Relief and Star Buds. More than 1,700 patients are currently enrolled in the state's medical marijuana program. Voters approved a medical marijuana initiative in 2020, only to have it invalidated by the state Supreme Court. The legislature then passed a bill authorizing it.

International

Hong Kong Bans CBD as "Dangerous Drug." As of next Wednesday, Hong Kong will ban CBD, a cannabinoid that does not produce the same psychoactive effects as its more potent fellow cannabinoid, THC. "Starting from February 1, cannabidiol, aka CBD, will be regarded as a dangerous drug and will be supervised and managed by the Dangerous Drugs Ordinance,"customs intelligence officer Au-Yeung Ka-lun said ."As of then, transporting CBD for sale, including import and export, as well as producing, possessing and consuming CBD, will be illegal,"he added.

Mexican Senator Will File Bill to Legalize Natural Psychedelics for Treatment of Mental Health Problems. Sen. Alejandra Lagunes of the Ecological Green Party of Mexico (PVEM) said Wednesday she will present a bill to legalize and regulate natural psychedelics for the treatment of mental health problems such as anxiety and depression. She made the comments at the Intercultural Forum on Entheogenic Medicine, which was held in the federal Senate."It’s scientifically proven that psilocybin from psilocybin mushrooms, mescaline from peyote, DMT from ayahuasca and the Colorado River toad are not drugs. They have a high therapeutic potential, low toxicity and don’t create physical dependence or abuse,"she said.

Myanmar Opium Production Booming After Coup, UNODC Says. The UN Office on Drugs and Crime (UNODC) said in a new report that opium production is up 33 percent since the military took over the government in February 2021. Farmers in parts of the country have "little option" but to grow opium, reversing years of efforts to reduce poppy planting, said UNODC regional representative Jeremy Douglas. said "At times like these many farmers see opium as particularly attractive – given predictable demand and the fact that brokers will typically buy the entire crop at the farm gate," said International Crisis Group Myanmar advisor Richard Horsey.

Drug Decrim Bills Filed in MA, NY; Colombia to Reduce Forced Coca Eradication, More... (1/26/23)

Delaware bills to legalize marijuana are moving, a North Carolina medical marijuana bill is filed, and more.

A Colombian coca farmer. The Petro government is moving away from forced eradication efforts. (dea.gov)
Marijuana Policy

Delaware Marijuana Legalization Bill Wins Committee Vote. The House Health and Human Development Committee on Wednesday approved House Bill 1, which would legalize marijuana. The vote comes just one day after another committee approved House Bill 2, which would set up a system of taxed and regulated marijuana commerce. Rep. Ed Osienski (D), sponsor of the bills, said he expected House floor votes in March.

DC Council Files Bill to Allow Legal Marijuana Sales. Despite an ongoing congressional ban blocking the District of Columbia from allowing legal marijuana sales, DC Council Chairman Phil Mendelson (D) and six other council members have introduced a revised bill, Bill 25-0052,  to create a regulated legal marijuana commerce market. DC voters legalized marijuana in 2014, but the congressional rider in place since then has thwarted efforts to allow legal sales. The bill would allow people 21 and over to possess up to an ounce of weed and grow up to six plants, three of which could be mature. It also creates a regulatory agency, which would approve licenses for cultivators, manufacturers, microbusinesses, retailers, and testing facilities, and sets a tax rate of up to 13 percent (6 percent for medical marijuana).

Medical Marijuana

North Carolina GOP Senators File Medical Marijuana Bill. On the first day bills could be filed in the new General Assembly session, Senators Michael Lee (R-New Hanover) and Bill Rabon (R-Brunswick) filed Senate Bill 3, which would legalize medical marijuana in the state. Known as the North Carolina Compassionate Care Act, the bill allows the use of medical marijuana for a specified list of debilitating conditions, including cancer, epilepsy, Crohn’s Disease, Parkinson’s Disease and Post Traumatic Stress Disorder. The pair filed a similar bill last year that passed the Senate but never got any traction in the House.

Drug Policy

Massachusetts Drug Decriminalization Bill Filed. Rep. Samantha Montaño (D) has filed HD 2741, which would eliminate a section of state stature that prescribes criminal penalties for drug possession. Instead of fines or jail, people caught with drugs would be required to participate in "a needs screening to identify health and other service needs, including but not limited to services that may address any substance use disorder and mental health conditions, lack of employment, housing, or food, and any need for civil legal services." Anyone who provided proof they had completed a screening within 45 days would see their citations dismissed.

New York Drug Decriminalization Bill Filed. Sen. Gustavo Rivera (D) has filed a bill, Senate Bill 2340, that would eliminate criminal and civil penalties for drug possession while also creating a task force that’d be responsible for studying and making recommendations about additional reforms. Under the bill, people caught with drugs could either pay a $50 fine or take part in a "needs screening to identify health and other service needs, including but not limited to services that may address any problematic substance use and mental health conditions, lack of employment, housing, or food, and any need for civil legal services." The bill also calls for a drug decriminalization task force that would be charged with making "recommendations for reforming state laws, regulations and practices so that they align with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior."

International

Colombia Will Reduce Forced Coca Eradication Efforts. The government of President Gustavo Petro announced Tuesday that it will be reducing coca eradication efforts in what would be a major shift of policy for Colombia. A new National Policy will reduce forced eradication efforts by 60 percent as the government experiments with alternative approaches to the coca cultivation problem. The Petro government is considering implementing a program agreed to a part of the 2016 peace deal with the FARC that provides subsidies to coca farmers in exchange for voluntary eradication. Although that agreement was part of the deal, it was never implemented by former President Duque, who opposed the overall treaty. 

CO Asset Forfeiture Reform Bill Filed, Czech Legal Pot Bill Coming in March, More... (1/25/23)

A pair of Delaware marijuana legalization bills are moving, Ukraine patients and veterans beseech the parliament to act on a pending medical marijuana bill, and more.

Marijuana legalization is on the agend in Delaware and the Czech Republic. (Creative Commons)
Marijuana Policy

Delaware Marijuana Legalization Regulation Bill Advances. One of a pair of bills that aim to legalize marijuana has passed its first committee hurdle. House Bill 2, which deals with taxation and developing rules for the legal marijuana industry, passed the House Revenue and Finance Committee on a 7-2 vote Tuesday. The other bill in the package sponsored by Rep. Ed Osienski (D), House Bill 1, is getting a hearing today. That bill legalizes marijuana. (Update: House Bill 1 was approved by the House Health and Human Development Committee today.) Last year, the legislature passed the basic marijuana legalization bill only to see it vetoed by Gov. John Carney (D), but narrowly defeated the regulation bill. This year, Democrats are in a stronger position and could override a gubernatorial veto.

Asset Forfeiture

Colorado Bill Would End Civil Asset Forfeiture and Further Opt State Out of Federal Program. Three Republican lawmakers have filed a bill to end civil asset forfeiture and replace it with a criminal process requiring a conviction before asset forfeiture could proceed. The measure, House Bill 1086, would also make it more difficult for law enforcement to do an end run around state law by handing cases off to the feds, who then return most of the seized funds back to the originating law enforcement agency. The bill also reduces the percentage of seized funds that law enforcement agencies can get under state forfeiture from 50 percent to 25 percent.

International

Czech Marijuana Legalization Bill to Be Presented in March. A draft marijuana legalization bill should be ready by the end of March, anti-drug coordinator Jindrich Voboril said. The bill will cover rules for cultivation, production of marijuana products, distribution, sale, and export to other countries. Voboril said he wanted the new marijuana regime in place next year. There are currently plans to create a registry of consumers, small producers, or marijuana associations, but talks in working group set up by the prime minister are ongoing.

Ukraine Patients', Human Rights, and Veterans' Groups Call for Legal Medical Marijuana. A bill that would legalize the medical use of marijuana (No. 7457) has been sitting before parliament for the past six months, and now patient, veteran, and human rights groups are appealing to members of Parliament to move on it. Some 89 groups have joined the appeal. "The patients' community has been fighting for six years to ensure that people with serious illnesses can relieve pain with medicines based on medical cannabis. These are patients with epilepsy, cancer, Parkinson's and Alzheimer's diseases, multiple sclerosis and PTSD. Such treatment is a normal practice in more than 50 countries of the world. Today, our patients abroad can receive medicines based on medical cannabis, it is necessary to give them such an opportunity in Ukraine," said Inna Ivanenko, the executive director of the Patients of Ukraine Charitable Foundation.

VA Lawmakers Nix Medical Psilocybin, SC MedMJ Bills Filed, More... (1/20/23)

A Montana bill would block child welfare workers from removing children simply because of a parent's drug use, San Francisco is ready to move forward on safe injection sites, and more.

San Francisco Mayor London Breed is now pushing for safe injection sites. (Creative Commons)
Medical Marijuana

South Carolina Sees Second Medical Marijuana Bill Filed. A bipartisan medical marijuana bill, the Compassionate Care Act (HB 3486/SB 423), has been filed in both houses this week. It would allow physicians to recommend marijuana to patients with debilitating medical conditions and have them purchase it from state-licensed and -regulated businesses. This is the second medical marijuana bill filed this year. The first, the No Patient Left Alone Act (HB 3215) is similar, but would allow dispensaries to grow their own product. The Compassionate Care Act got through the House last year only to die in the Senate.

Psychedelics

Virginia GOP Lawmakers Block Bill Legalizing Magic Mushrooms for Medical Use. A bill that would allow the use of magic mushrooms for medical purposes, House Bill 1513, has been killed by a subcommittee vote of the House Committee for the Courts of Justice. The bill would have allowed doctors to prescribe the drug for the treatment of depression, PTSD, or end of life anxiety. A bill that would direct Gov. Glenn Youngkin (R) to create a psilocybin study committee remains alive, however.

Child Welfare

Montana Bill Would Block Child Removals Based Solely on Parental Substance Use. An omnibus child protective reforms bill, House Bill 37, aimed at making the removal of children from parental households more difficult includes a provision that bars child welfare workers from removing a child for neglect or abuse based only on "substance use by a parent or guardian, disorderly living conditions, other factors closely related to economic status, or a child's obesity." The GOP-championed bill came after a year of study in the bipartisan Children, Families, Health and Human Services Interim Committee. It passed the House Judiciary Committee Friday and now heads for a House floor vote.

Harm Reduction

San Francisco Mayor Looking Again at Safe Injection Sites. Mayor London Breed (D) said Wednesday that she is working with Supervisor Hillary Ronen (D) to undo a city law that is an obstacle to nonprofits setting up safe injection sites in the city. Breed and other city officials say they are ready to move forward with privately-funded sites, but to do so, the Board of Supervisors will have to repeal a 2020 ordinance that prohibits safe injection sites. While city politicians had been fearful of a federal reaction to a safe injection site, they have been impressed by New York City's pair of safe injection sites that have operated for more than a year without federal harassment. "The Biden administration and the Newsom administration… are not going to throw San Franciscans in jail or cut off our federal funding because we're saving lives and stopping open-air drug use," Ronen told city staffers.

More Asset Forfeiture Reform Bills Filed, SD MedMJ Expansion Bill Advances, More... (1/19/23)

The US Virgin Islands legalizes marijuana, a Mississippi fentanyl test strip bill is moving, and more.

Reefer in paradise. The US Virgin Islands have legalized marijuana. (Creative Commons)
Marijuana Policy

US Virgin Islands Governor Signs Marijuana Legalization, Expungement Bills. Gov. Albert Bryan Jr. (D) has signed into law a pair of bills legalizing marijuana and setting up an expungement process for people with marijuana convictions. "From the beginning of the Bryan-Roach Administration, we have worked towards the legalization of the adult use of cannabis, and today, with the hard work of the members of the 34th Legislature and prior Legislatures and the efforts of my team, we are finally here and finally signing into law the Virgin Islands Cannabis Use Act," the governor said.

Separately, the governor also proclaimed that "all criminal convictions for the simple possession of marijuana" are fully and completely pardoned. The legalization bill allows people 21 and over to possess up to two ounces of buds, 14 grams of concentrates, and one ounce of marijuana products such as edibles and ointments. The bill has no provision for home cultivation, except for people who use marijuana for religious purposes. It also creates a regulatory agency for marijuana commerce and sets a minimum 18 percent tax on dispensary sales, and it includes several equity components.

Medical Marijuana

South Dakota Bill to Allow for Wider Use of Medical Marijuana Heads for Senate Floor Vote. A bill that expands the list of qualifying conditions for medical marijuana use to include PTSD, multiple sclerosis, and glaucoma, Senate Bill 1was approved by the Senate Health and Human Services Committee Wednesday and now heads for a Senate floor vote. The bill came out of the "Medical Marijuana Oversight Committee,"which met in the interim after the 2022 legislative session. That committee is made up of state lawmakers and officials, law enforcement officers, medical professionals, and industry experts from across the state. The bill passed the committee on a 6-1 vote.

Asset Forfeiture

Mississippi Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Program in Most Cases. Rep. Dana Criswell (R) has filed House Bill 622, which would end civil asset forfeiture and effectively opt the state out of a program that allows police to do an end run around state forfeiture laws by handing cases off to the federal government (and getting a big cut of the proceeds). The bill has been referred to the House Judiciary B Committee.

New Hampshire Bill Would Reform Civil Asset Forfeiture Process and Take Steps to Opt Out of Federal Program. Reps. Dan McGuire (R) and Daniel Popovici-Muller (R) have filed House Bill 593, which would require a prior criminal conviction before asset forfeiture could occur in most cases. The state has a special asset forfeiture process for drug offenses, and this bill would require prosecutors to obtain a criminal conviction in most cases before proceeding with asset forfeiture. It would also take steps to opt the state out of a program that allows police to do an end run around state forfeiture laws by handing cases off to the federal government (and getting a big cut of the proceeds). The bill is now before the House Criminal Justice and Public Safety Committee.

Harm Reduction

Mississippi Fentanyl Test Strip Decriminalization Bill Wins House Committee Vote. The House Drug Policy Committee on Wednesday approved House Bill 7, which would decriminalize fentanyl test strips by removing them from the state's definition of drug paraphernalia. Under current state law, possession of fentanyl testing devices is punishable by up to six months in jail. Committee Chairman Lee Yancey (R) said the measure is not encouraging drug use, but aimed at saving lives. "We're just trying to prevent a mistake from becoming a fatal mistake," Yancey said. The bill must pass the full House by February 9 to stay alive.

Medical Marijuana Update

The state legislative season is upon us, and medical marijuana keeps popping up at statehouses, and in Congress.

National

GOP Congressman Files Bill to Protect Gun Rights of Medical Marijuana Patients. The first piece of marijuana reform legislation in the new Congress is a bill that would allow medical marijuana patients to purchase and possess firearms. Sponsored by Rep. Alex Mooney (R-WV), along with Congressional Cannabis Caucus co-chair Rep. Brian Mast (R-FL) and Rep. Thomas Massie (R-KY), the Second Amendment Protection Act seeks to amend federal law around the "sale, purchase, shipment, receipt, or possession of a firearm or ammunition by a user of medical marijuana." Under current law, people who use marijuana can't buy or possess guns because they're considered to be "an unlawful user of or addicted to" a federally controlled substance. Mooney filed a similar bill in 2019, but it did not advance.

North Dakota

North Dakota Senate Approves Bill to Raise Patients' 30-Day THC Limit. The Senate has approved Senate Bill 2068, which increases the amount of THC in products such as tinctures and lotions that patients may purchase in a 30-day period. The limit is currently 4,000 milligrams, and the bill originally would have doubled that to 8,000 milligrams, but bill sponsor Sen. Kristin Roers (R-Fargo) amended it down to 6,000 milligrams after the Senate Judiciary Committee voted 4-3 for a "do not pass" recommendation. The measure now heads to the House.

Ohio

Ohio Bill Would Revamp State's Medical Marijuana Program. State Sens. Steve Huffman (R-Tipp City) and Kirk Schuring (R-Canton) last week filed Senate Bill 9, which would let doctors recommend medical marijuana for any debilitating condition, let growers expand their operations, and expand the number of dispensaries in the state. Similar legislation stalled in the Assembly last year. The bill would also rationalize oversight under the sole purview of the Department of Commerce. Currently, three separate state agencies regulate medical marijuana, which some in the industry say is burdensome.

South Carolina

South Carolina Sees Two Medical Marijuana Bills Pre-Filed. With the legislative just getting underway, lawmakers in Columbia have already pre-filed two separate medical marijuana bills. The Put Patients First Act (House Bill 3226) is cosponsored by Democratic Minority Leader Todd Rutherford and freshman Republican Rep. Jay Kilmartin. It would make marijuana available to registered patients with a doctor's recommendation. The bill would allow caregivers and dispensaries to "cultivate, grow, and dispense marijuana for medical use." The other bill, the South Carolina Compassionate Care Act (House Bill 3486) also has bipartisan sponsors and would "authorize the use of cannabis products by patients with debilitating medical conditions who are under the care of a physician, with exceptions."

South Dakota

South Dakota Bill Would Bar Pregnant or Breast-Feeding Women from Access to Medical Marijuana. Anti-marijuana and anti-abortion zealot Rep. Fred Deutsch (R-Florence) has filed a bill that would block the Health Department from issuing medical marijuana cards to pregnant or breast-feeding women, House Bill 1053. The bill has been referred to the House Health and Human Services Committee. Deutsch served as treasurer for Protecting South Dakota Kids, a ballot measure committee that successfully opposed the 2022 marijuana legalization initiative and he also is a past president of South Dakota Right to Life, an anti-abortion group.

Wisconsin

Wisconsin GOP Lawmakers Move Closer to Legalizing Medical Marijuana. For years, the Republican-controlled legislature has fended off any and all efforts to advance marijuana reforms, but it could be different this year. Senate Majority Leader Devin LeMahieu has said that he thinks a bill to create a medical marijuana program in the state could be passed this legislative session as long as regulations are put forward to ensure it's for those in serious pain. "Our caucus is getting pretty close on medical marijuana," LeMahieu said, marking the first time the Republican Senate leader has expressed support for the notion. Republican Assembly Leader Robin Vos has in recent years expressed support for medical marijuana, while Democratic Gov. Tony Evers has long called for the legalization of both medical and recreational marijuana. Two-thirds of Wisconsinites support legalizing marijuana and a super-majority of 80 percent support medical marijuana.

Drug War Issues

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