A Louisiana pot poll shows strong support for legalization, a California bill to allow pot shops to sell food and drink as well is moving in the Assembly, and more.

The Swiss capital, Bern, wants to start a pilot program of supervised cocaine sales. (Pixabay)

California Assembly Approves Bill to Allow Marijuana Cafes. The Assembly last week approved Assembly Bill 374, which would allow weed retailers to offer food and drinks if they receive local approval. Alcohol sales and tobacco smoking would continue to be prohibited. The bill from Assemblymember Matt Haney (D) passes overwhelmingly on a 59-9 vote and now heads to the Senate.

"The legal cannabis industry is struggling," Haney said on the floor. "Issues like an over-saturation, high taxes and thriving black market are hurting cannabis businesses who follow the rules and pay taxes. AB 374 allows local governments to authorize the preparation and sale of non-cannabis foods and soft drinks at licensed cannabis consumption lounges," he said. "To be clear this does not allow coffee shops to sell cannabis. It allows cannabis shops to sell coffee with pre-approval from local governments. It shouldn’t be illegal for an existing cannabis business to move away from only selling marijuana and instead have the opportunity to grow, thrive and create jobs by offering coffee or live jazz. Ironically, how the law is written now, we require cannabis shops to only sell drugs," Haney said. "We believe that if these businesses want to move away from that model and sell muffins and coffee, they should be able to do that. This will support our small businesses, with local government autonomy."

Louisiana Poll Has Strong Support for Marijuana Legalization. A new poll from Louisiana State University has 70 percent of respondents saying they support legalizing the possession of "small amounts" of marijuana and 90 percent saying they support medical marijuana. Pollsters said the poll revealed a "substantial increase over the past decade in support for legalizing marijuana for recreational use."

The state has a limited medical marijuana program and decriminalized the possession of up to a half ounce in 2021, but efforts to move forward with legalization have gone nowhere in the legislature so far.

Psychedelics

Nevada Assembly Committee Approves Psychedelic Working Group Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed is first Assembly hurtle last Friday, winning approval from the Assembly Health and Human Services Committee. It now heads for an Assembly floor vote.

When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness."

Drug Policy

Pennsylvania Temporarily Makes "Tranq" Drug Xylazine a Controlled Substance. Responding to the spread of the veterinary tranquillizer xylazine into the illicit street drug market, along with the lesions it creates on users and its danger (it is often mixed with opioids but does not respond to naloxone), the Department of Health has moved to limit access to the drug by temporarily listing it as a Schedule III substance. Placing xylazine on Schedule III—as opposed to just banning it—preserves legitimate use by veterinarians and farmers.

"This action will protect veterinarians and other legitimate users and manufacturers of xylazine, which is an important medication for animal sedation, while also creating penalties for people who add illicit xylazine to the drug supply that is harming people in our communities," said Acting Secretary of Health Dr. Debra Bogen . "Our focus remains on developing strategies that help connect people with substance use disorder to treatment and other resources." 

International

Swiss Capital City Wants Pilot Program for Cocaine Sales. The city parliament has voted 43-18 to approve a motion from the Alternative Left to extend a pilot program with marijuana sales to include cocaine sales. The marijuana pilot program is set to begin this fall. City parliamentarians said supervised sales could lead to better control of the stimulant drug.

A similar proposal was narrowly rejected by the Bern parliament in 2019, but this year's version was more restrictive, winning enough support from the Social Democrats to get the measure passed—and send a strong signal to the federal government about where the capital city wants to go. 

The Louisiana House votes to radically quicken expungements for pot possession offenses, a Texas medical marijuana bill is dead in the water in the state Senate, and more.

Yet another drug distributor gets punished for its role in the opioid crisis. (Creative Commons)

Louisiana House Approves Bill Streamlining Marijuana Expungements. The House on Tuesday voted overwhelmingly to approve House Bill 286, which would streamline the expungement process for people with first-offense marijuana possession convictions. Under the bill, people convicted of possessing less than 15 grams of marijuana can petition the courts to expunge their records after 90 days from the date of conviction. Under current state law, people must wait at least five years before seeking expungement. The bill sponsored by Rep. Delisha Boyd (D) now goes to the Senate.

Massachusetts Shelves Pilot Program for Social Consumption Spaces. The state Cannabis Control Commission has scrapped a pilot program to allow on-site marijuana consumption shops in 12 municipalities, saying it will instead focus on developing broader regulations for onsite consumption and how to license such businesses. That means the Bay State is unlikely to see any consumption spaces open this year. A state law allowing limited consumption areas in existing pot shops went into effect nine months ago. Commissioner Nurys Camargo said dropping the pilot program would encourage municipalities to decide whether or not they want to allow on-site consumption.

Medical Marijuana

Texas Medical Marijuana Expansion Bill Appears Dead. A bill from Rep. Stephanie Klick (R-Fort Worth) that would have expanded the state's low-THC Compassionate Use Program to include chronic pain patients who otherwise would be prescribed opioids, House Bill 1805, appears dead in the Senate after passing the House. The bill was referred to the Senate Water, Agriculture and Rural Affairs Committee but did not get a committee hearing.

Opioids and Opiates

House Slammed for Passing HALT Fentanyl Act in Rerun of "Failed Drug War." The House's passage Thursday of HR 467, the Halt All Lethal Trafficking (HALT) of Fentanyl Act generated strong condemnation from drug reform, civil and human rights groups as well as pleas for the Senate to kill it. The bill would classify all fentanyl analogues as Schedule I drugs and resort to mandatory minimum sentences for those found guilty of their distribution. The bill passed with near-unanimous GOP support (only Rep. Thomas Massie (R-KY) voted "no"), but also with the "yes" votes of 70 House Democrats.

"It's sad to see lawmakers revert to over-criminalization once again when we have 50 years of evidence that the war on drugs has been an abject failure," said Laura Pitter of Human Rights Watch, one of nearly 160 advocacy groups that signed a letter earlier this week imploring Congress to reject the HALT Fentanyl Act.

"By passing this bill, the House has signaled that Congress is entering a new carceral era," said Liz Komar, sentencing reform counsel for the Sentencing Project. "The federal prison population has been on the rise since the beginning of the Biden administration after seven years of decline," said Komar. "The passage of the HALT Fentanyl Act would deepen that trend by doubling down on failed drug policies that prioritize prisons over drug treatment and overwhelmingly harm Black and Brown communities.

"If mandatory minimums and harsh sentences made communities safer," Komar added, "the overdose crisis would not have occurred. We urge the Senate to reject this bill and all expansions of mandatory minimums and reverse this punitive trend."

"Our communities deserve real health solutions to the overdose crisis, not political grandstanding that is going to cost us more lives," said Maritza Perez Medina, director of the office of federal affairs at the Drug Policy Alliance, as she urged the Senate to kill the bill.

Prodded by AP Story, DEA Yanks Drug Distributor's License Over Filling of "Suspicious" Orders During Opioid Crisis. The DEA on Friday revoked the license of one of the country's largest drug distributors to sell opioid pain relievers because it failed to flag thousands of suspicious orders amid the opioid crisis. The move comes nearly four years after a judge recommended the harshest penalty for Morris & Dickson for its "cavalier disregard" of rules aiming at thwarting opioid abuse and two days after the Associated Press reported that the DEA had allowed the company to keep shipping opioids despite the judge's ruling.

In the 68-page order, DEA Administrator Anne Milgram said the company did not accept responsibility for its past actions, including shipping 12,000 "unusually large" orders between 2014 and 2018 and only flagging three of them as "suspicious."

The loss of the distribution license could drive the company out of business, but Morris & Dickson said it had spent millions of dollars in recent years to upgrade its compliance systems and looked to be holding out hope of reaching a settlement with DEA.

The company's larger competitors -- AmerisourceBergen, Cardinal Health, and McKesson -- have already agreed to pay the federal government more than $1 billion in fines and penalties for similar violations, as well as paying out $21 billion to settle claims from a nationwide settlement. The actions of the drug distributors played a contributing role in this century's opioid crisis, but the reaction to that crisis has also contributed to problems for chronic pain patients in obtaining the medicines they need.

A major civil and human rights group comes out against one federal fentanyl bill, bipartisan senators and representatives file another one, and more.

Fentanyl. The deadly drug continues to generate bills in Congress. (Creative Commons)

Minnesota Marijuana Legalization Bill Ready for Final Votes This Week. House and Senate conference committee negotiators have resolved the remaining differences between the House and Senate marijuana legalization bills and ready to send the final bill to floor votes in both chambers this week. The final sticking points were on the marijuana tax rate and appropriating revenue. Negotiators agreed to the 10 percent retail sales tax in the Senate bill (the House had voted for 8 percent to be adjusted every two years) and agreed that 80 percent of marijuana revenues will go to the state and 20 percent to local governments to cover expenses related to implementing legalization.

Medical Marijuana

Nebraska Activists File Papers for 2024 Medical Marijuana Initiative. The group Nebraskans for Medical Marijuana has filed papers to mount petition drives to put a pair of medical marijuana initiatives on the 2024 ballot. One would set up the doctor/patient system, while the other would regulate the industry. Activists have been trying for eight years to get the legislature to pass a medical marijuana bill, to no avail. Last year, a signature-gathering effort for a medical marijuana initiative came up short because financial problems blocked the group from hiring professional petitioners.

"We have no choice but to keep petitioning our government," said group spokeswoman Crist Eggers. "The legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this."

Asset Forfeiture

New York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. The Senate Codes Committee on Monday approved a bill that would end civil asset forfeiture, Senate Bill 2192. Under the bill filed by Sen. Jamaal Bailey (D) forfeiture could only occur if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also address "policing for profit" by requiring that forfeiture proceeds go to the state general fund. Currently, the seizing agency gets to keep up to 60 percent of the proceeds. And the bill would opt the state out of the federal "equitable sharing" program that allows law enforcement agencies to skirt state asset forfeiture laws by handing cases off to the feds, who then return most of the money to the seizing agency. The bill now heads to the Senate Finance Committee.

Drug Policy

Bipartisan Bill Aims to Counter National Security Threat of Illicit Drug Trafficking. US Reps. Salud Carbajal (D-CA) and Stephanie Bice (R-OK) and Sens. Joni Ernst (R-IA) and Tim Kaine (D-VA) are leading a bipartisan effort directing increased federal attention to fentanyl trafficking by utilizing the tools of the Department of Defense (DoD) and involving Mexico as an active partner to combat this crisis and disrupt drug cartel and trafficking activity.

The Disrupt Fentanyl Trafficking Act of 2023 would attempt to address cross-border drug trafficking by:

• Declaring fentanyl trafficking a national security threat stemming from drug cartels and smugglers,
• Directing the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with foreign nations,
• Requiring the Secretary of Defense to increase security cooperation with the Mexican military, and
• Addressing coordination efforts between the military and federal law .enforcement agencies.

Leadership Conference on Civil and Human Rights Opposes HALT Fentanyl Act. The Leadership Conference on Civil and Human Rights on Wednesday sent a letter to the House leadership to express its "strong opposition" to H.R. 467, the HALT Fentanyl Act.

"This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a flawed class definition," the letter says. "Additionally, it imposes mandatory minimums and fails to provide an offramp for removing inert or harmless substances from the drug schedule. The class wide scheduling that this bill would impose would exacerbate pretrial detention, mass incarceration, and racial disparities in the prison system, doubling down on a fear-based, enforcement-first response to a public health challenge. Under the class wide control, any offense involving a "fentanyl-related substance" is subject to federal criminal prosecution, even if the substance in question is helpful or has no potential for abuse."

The Leadership Conference represents more than 230 national organizations.

International

Singapore Executes Marijuana Offender for Second Time in Three Weeks. For the second time in three weeks, Singapore has hung a man for trafficking marijuana. The unnamed 37-year-old Malay Singaporean was executed at dawn Wednesday at Changi Prison for trafficking about 3.3 pounds of pot. On April 26, Singapore executed Tangaraju Suppiah, 46, for trafficking 2.2 pounds of pot despite an international outcry. Under Singapore law, trafficking more than 1.1 pounds of pot can garner a death sentence. The city-state halted all executions during the coronavirus pandemic, but hanged 11 people last year -- all for drug offenses.

"If we don't come together to stop it, we fear that this killing spree will continue in the weeks and months to come," said Kokila Annamalai of the Transformative Justice Collective, which campaigns for the abolition of the death penalty in Singapore.

A New York bill increasing civil penalties for illicit pot shops is signed into law, Oregon regulators approve the nation's first licensee for therapeutic psilocybin services, and more.

Fentanyl test strips. The Florida legislature has become the latest to decriminalize them. (Creative Commons)

New York Governor Signs Bill to Increase Civil Penalties for Illicit Pot Shops. Gov. Kathy Hochul (D) last Wednesday signed into law Assembly Bill 3281, which increases civil and tax penalties for unlicensed marijuana retailers, including fines of up to $20,000 a day. The move is aimed at reigning in an illicit marijuana market in the state that exploded in the months-long gap between marijuana being legalized and licensed retail sales that only recently began. At this point, there are only a handful of licensed marijuana outlets in the state compared to more than a thousand unlicensed outlets in New York City alone.

"As New York State continues to roll out a nation-leading model to establish its cannabis industry, these critical enforcement measures will protect New Yorkers from illicit, unregulated" Hochul said. "Unlicensed dispensaries violate our laws put public health at risk and undermine the legal cannabis market. With these enforcement tools, we're paving the way for safer products, reinvestment in communities that endured years of disproportionate enforcement, and greater opportunities for New Yorkers."

Medical Marijuana

Florida Lawmakers Approve Bill to Allow Telehealth Renewals for Medical Marijuana, Help Black Farmers Get Grow Licenses. With a final vote in the Senate last Wednesday, the legislature approved House Bill 387. The measure allows doctors to renew approvals for medical marijuana patients via telehealth. New patients will still require an in-patient exam. The measure could also help Black farmers get medical marijuana grow licenses after years of delays. Only one license has been issued to a Black farmer, and this bill could lead to the Department of Health issuing additional licenses to Black farmers.

Psychedelics

Oregon Regulators Approve Nation's First Psilocybin Service Center. The Oregon Health Authority has awarded a license to EPIC Healing in Eugene to provide therapeutic psilocybin services, where people can use the psychedelic in a supervised and facilitated environment. This is a national first and comes after state voters approved therapeutic psilocybin services in 2020. Now, the state has issued at least one license in all four licensing categories -- facilitators, testing labs, psilocybin manufacturing, and therapeutic services.

"This is such a historic moment as psilocybin services will soon become available in Oregon, and we appreciate the strong commitment to client safety and access as service center doors prepare to open," Oregon Psilocybin Services (OPS) Section Manager Angie Allbee said in a press release.

Harm Reduction

Federal Government Provides Grant to Study Safe Injection Sites. New York University and Brown University announced Monday that they had received a four-year, $5 million grant to study whether safe injection sites can prevent drug overdoses, estimate their costs, and weigh potential savings for health care and criminal justice systems. This marks the first time the federal government has paid for such a study. The study will focus on two safe injection sites already operating in New York City and one set to open next year in Rhode Island and hopes to enroll a thousand adult drug users. The grant comes from the National Institute on Drug Abuse (NIDA). Studies from the 14 countries that currently allow safe injection sites have found they radically reduce drug overdose deaths.

"There is a lot of discussion about overdose prevention centers, but ultimately, we need data to see if they are working or not, and what impact they may have on the community," said NIDA director Dr. Nora Volkow.

Florida Lawmakers Pass Bill to Decriminalize Fentanyl Test Strips. The House last Wednesday gave final, unanimous approval to a bill that decriminalizes fentanyl test strips by removing them from the state's list of drug paraphernalia, Senate Bill 164. More than 6,000 Floridians died in drug overdoses implicating fentanyl in 2020. A similar bill failed last year after some critics claimed that legalizing the test strips would incentive drug use.

International

Honduran Police Seize a Million Coca Plants, Rustic Labs. The Honduran National Police announced that a raid last Friday in a protected forest reserve in the eastern part of the country resulted in the seizure of more than one million coca plants, two million seedlings, and "four rustic structures" used to extract alkaloids from the coca leaf and store chemicals used in the process. While coca has traditionally been grown almost exclusively in its native Andean region of South America, Honduran authorities have been encountering small coca plantations on their soil since 2017, but never one approaching this size.