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MO Pot Sales Coming Fast, Kansas City Entertainment Complex Will Have Marijuana Lounges, More... (11/14/22)

A broad coalition is asking Attorney General Garland to allow legal marijuana sales in the District of Columbia, an Evanston, Illinois, councilman sponsors a psychedelic decriminalization ordinance, and more.

Main Justice (DOJ headquarters). A coalition wants the attorney general to allow legal pot sales in DC. (Creative Commons)
Marijuana Policy

Broad Coalition Calls on Attorney General Garland to Adopt Non-Enforcement Policy Around DC Marijuana Sales. Although District of Columbia voters legalized marijuana in 2014, congressional riders have blocked the District from allowing taxed and regulated marijuana sales ever since. Now, a coalition of state, local, and national advocacy groups has sent a letter to Attorney General Merrick Garland (D) asking him to break the logjam by adopting a formal policy of non-enforcement. The letter asks the attorney general to treat the situation in DC as "functionally equivalent to the non-enforcement approach it has traditionally taken with respect to the states that have reformed their laws allowing for the taxation and regulation of the adult use of cannabis." As things now stand, DC "is only jurisdiction in the country that cannot regulate marijuana sales or fruitfully tap into the public health and safety benefits of proper regulation."

Missouri Could See Legal Marijuana Sales as Early as January. Elections have consequences, and sometimes they have them in a hurry. The state Department of Health and Senior Services said Friday that existing medical marijuana companies will be able to apply for adult use ("comprehensive") sales licenses as early as December 8 and that sales could begin ahead of a 60-day post-election deadline on February 6. Some of those licenses could be completed "before the 60-day deadline, as soon as we have rules for comprehensive facilities filed," the agency said. "We anticipate comprehensive dispensaries will be able to begin selling to adult use consumers as soon as their license is approved for conversion."

Plans for Kansas City-Area Entertainment Complex with Marijuana Lounges Announced. That didn't take long. One day after voters approved marijuana legalization in the Show Me State, a Kansas City-area hospitality group has announced plans for a new metro area entertainment district project that will include marijuana consumption lounges. The Besa Hospitality Group announced a new entertainment district along the Missouri River about 20 minutes from downtown Kansas City in the village of River Bend. It will be known as the Smokey River Entertainment District.

The Besa Hospitality Group is partnering with BesaMe Wellness, a medical marijuana company, which give it an early shot at procuring an adult sales retail license, and has a target opening date of 4/20/23. "We have an opportunity to showcase cannabis and the acceptance of cannabis in our everyday lives. We're normalizing cannabis through hospitality," says Joey Pintozzi, Vice President of Operations and Marketing. "This is an entertainment venue first and foremost. Cannabis just happens to be part of that experience. People will be free to legally consume in some of the venues and enjoy being themselves."

Psychedelics

Evanston, Illinois, Lawmaker Sponsors Psychedelic Decriminalization Bill. Councilmember Devon Reid of the Chicago suburb of Evanston is sponsoring an ordinance that would make possessing, cultivating and delivering entheogenic substances like psilocybin punishable by a $100 fine without the threat of jail time. That fine could be waived for people who complete a drug treatment program or "reasonable public service work."

The ordinance also includes lowest priority language regarding the "investigation or arrest of anyone for planting, cultivating, purchasing, transporting, distributing, or engaging in practices with or possessing entheogenic plants or plant compounds." The legislation lists four examples of psychedelics that would be covered -- psilocybin, psilocyn, peyote and ayahuasca -- but it also says decriminalization would not be "limited to" those psychedelics.

NY Legal Pot Shops Set to Open by Year's End, Irish Decrim Recommendation, More... (11/7/22)

A federal judge throws out a lawsuit seeking gun ownership rights for medical marijuana patients, competing Bolivian coca grower factions prepare to clash again this week, and more.

marijuana seized in New York City (NYPD)
Marijuana Policy

New York Recreational Marijuana Sales Licenses Coming Soon. The chief of staff of the state's Cannabis Control Board said last Thursday that the first set of Conditional Adult Use Retail Dispensary (CAURD) licenses will likely be issued at the board's next meeting on November 21. Axel Bernabe said the state was "in position" to issue the licenses then. He said the board had scored applications and will recommend that applicants representing the "top of the class" will be recommended for approval. Bernabe's comments were echoed by board chair Tremaine Wright, who said "we are on target" to open the first shops before year's end.

Medical Marijuana

Federal Judge Dismisses Florida Agriculture Commissioner's Lawsuit on Medical Marijuana Patients' Gun Rights. A federal judge last Friday rejected a lawsuit from Florida Agriculture Commissioner Nikki Fried (D) that challenged the federal ban on medical marijuana patients' ability to buy and possess firearms. The Biden Justice Department had moved to dismiss the case last month, arguing that people who use medical marijuana are violating federal law and thus can be denied the right to have guns.

Judge Allen Winsor agreed, telling plaintiffs they "have standing but their claims fail on the merits." The judge acknowledged a congressional rider blocking federal prosecution of state-legal medical marijuana patients, but said that does not alter his decision. "Regardless of whether Plaintiffs are prosecuted (or whether Congress allocates funds for their prosecution), possession of marijuana remains a federal crime," Winsor held. "The Rohrabacher-Farr Amendment at best precludes prosecution now; it does not forever bless Plaintiffs' actions."

International

Bolivia Coca Conflict Continues. A coca grower union faction that is demanding the closure of an unofficial coca market linked to a different, government-backed grower faction has announced plans to stage street demonstration and roadblocks in various areas of La Paz beginning today. The faction said the protests would continue indefinitely and that it would not announce roadblock locations in advance. The conflict has festered for months and has resulted in various bouts of street fighting between the factions and between the factions and security forces. In one incident, the "parallel" market linked to the pro-government faction was burned to the ground by the anti-government faction.

Irish Task Force Recommends De Facto Decriminalization for Addicts, Mentally Ill. A high-level task force examining mental health and drug addiction has recommended that police be given the discretion to ticket some drug users instead of arresting and jailing them. People who are addicted to drugs or who suffer from mental illness would be eligible for the diversion from the criminal justice system provided their drugs are for personal use.

Justice Minister Helen McEntee said the government is willing to work through the plan, but warned it could be tricky to implement. "We have, as a government and not just this governmengovernments, agreed to look at this from a public health perspective in trying to work with and support people who have addiction problems," said McEntee. "Really this is just another iteration of that. It is not straightforward. "How do you differentiate and how do you look at people who have addiction problems and then other issues as well? But it is something we will work through as part of the recommendations."

DC Voters Still Like Marijuana Legalization, Native Plans to Sue Feds Over Reservation Pot Raid, More... (9/28/22)

Pot prohibitionists are backing a marijuana research bill, the Philippine DEA says it is okay with medical marijuana, and more.

Washington, DC (Creative Commons)
Marijuana Policy

Pot Prohibitionists Get Behind Effort to Pass Federal Marijuana Research Bill. As the Senate turns toward considering marijuana banking reforms in the form of the Secure and Fair Enforcement (SAFE) Banking or a SAFE Plus bill, researchers associated with the prohibitionist group Smart Approaches to Marijuana (SAM) are instead urging Majority Leader Chuck Schumer (D-NY) to move on a bill that would greatly expand marijuana research. The House has already passed the Medical Marijuana and Cannabidiol Research Expansion Act (HR8454), but the bill has seen no action in the Senate. The SAFE Banking Act Plus includes a marijuana research provision, but the SAM researchers want to see the standalone bill passed instead, saying it was "vital" to pass it because marijuana use rates are rising.

DC Voters Support Marijuana Legalization, Oppose Crackdown on Gifting Grey Market, Poll Finds. Eight years after voters in the District of Columbia approved marijuana legalization, they still approve, a new poll finds. The poll from Brilliant Corners Research & Strategies found support for legalization at 72 percent. While DC legalized pot, it has been barred from implementing legal recreational sales by Congress, resulting in a thriving grey "gifting" market. DC residents want a regulated market, not a crackdown, the poll found, with 76 percent supporting a regulated market and only 19 percent supporting shutting down the informal market.

Medical Marijuana

New Mexico Patient Plans to Sue Feds Over Raid on Tribal Land. Pueblo of Picuris tribal member Charles Farden is preparing to sue the Bureau of Indian Affairs (BIA) over a raid on his medical marijuana garden on tribal land last year. The raid destroyed nine plants he was growing. Now, he has filed a tort claim indicating he intends to sue the federal government, charging that the raid was carried out without a warrant and that it unveiled a federal double standard that discriminates against Native people. A congressional rider blocks the Justice Department from interfering in state-legal medical marijuana programs, but no such rider applies to the BIA, leading Native people uniquely vulnerable to federal marijuana efforts.

International

Philippine DEA Not Opposed to Medical Marijuana. The Philippine Drug Enforcement Agency (DEA) is ready to legalize medical marijuana, its director, Wilkins Villanueva, told a Senate committee hearing. But the island nation's other drug control body, the Dangerous Drug Board, said its position would be determined by its member health experts. "We have members from the Department of Health who are experts in these medical matters, so we defer to the position and recommendation of the DOH and the Philippine Medical Association," the board said. Medical marijuana is currently available for "compassionate use," but only at great expense. A bill to make medical marijuana available to all who need it is currently pending in the legislature.

Medical Marijuana Update

A Pennsylvania doctor who is also a medical marijuana patient is suing to be able to purchase a handgun, Oklahoma is prosecuting pregnant women who use medical marijuana, and more.

Louisiana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

Oklahoma

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law," said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law," Kiesel said. "It's important to remember, if you have a medical marijuana license, you are under the care of a physician."

Pennsylvania

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of nonviolent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

State Treasurers Group Renews Call for Marijuana Banking Reform, NY MedMJ Home Grow Regs Adopted, More... (9/21/22)

Indiana lawmakers will meet next week to hear a report on marijuana policy, Louisiana lawmakers have created a task force to look at employment protections for medical marijuana patients, and more.

Marijuana Policy

State Treasures Reaffirm Support for Federal Marijuana Banking Reform at Annual Meeting. The National Association of State Treasurers (NAST) has reaffirmed its support for a resolution that calls on Congress to pass legislation to provide access to banks for the state-legal marijuana industry. The move came at its annual meeting Monday. The resolution says the NAST does not take a position on marijuana legalization but does back legislation to ease the industry's banking problems. The group cites the "ongoing conflict between states' laws legalizing cannabis and current federal laws, resulting in the vast majority of financial institutions refusing to provide banking services to legal cannabis businesses." Leaving the industry without access to banking services is "inefficient, expensive, and opaque, making illicit activity more difficult to track and posing a significant risk to public safety by increasing the likelihood of violent crime." The resolution comes as pressure mounts to pass the Secure and Fair Enforcement (SAFE) Banking Act, which has repeatedly passed the House only to be stalled in the Senate by Majority Leader Chuck Schumer (D-NY), who continues to hold out for a full-fledged marijuana legalization bill.

Indiana Lawmakers to Meet Next Week to Hear Report on Marijuana Policy. Lawmakers will gather on Tuesday for the presentation of a study by a Public Health Summer Study Committee on the potential health benefits, decriminalization and consequences of Delta-8, Delta-9 and other THC products over the last few months. The study was promoted by reform advocates, who hope it will help lay the basis for medical marijuana and/or recreational marijuana legalization. The state Prosecuting Attorneys Council, which opposes both medical and recreational marijuana legalization, will also be present at the capitol to plead its case.

Medical Marijuana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

OK Arrests Pregnant Women for Medical Marijuana, Bolivia Coca Leader Arrested, More... (9/15/22)

North Dakota activists cry foul over a financial summary of their legal pot initiative, the South Caroline Supreme ourt upholds civil asset forfeiture, and more. 

Coca farmers are clashing with each other in Bolivia. (DEA)
Marijuana Policy

Colorado Bill to Protect Marijuana-Using Workers Filed. Even though Colorado was the first state to legalize marijuana, it still does not have protections in place for people fired or not hired for using it. That could change under newly filed House Bill 1152 , which would not only protect workers from adverse consequences for off-the-job marijuana use but also allow medical marijuana patients to consume their medicine at work. Past attempts to pass such legislation have failed and the state Supreme Court has held that employers can fire medical marijuana users for off-duty use.

Missouri Lawmaker Files Marijuana Legalization Bill, Urges Special Session to Consider It. In a bid to fend off a marijuana legalization initiative, Amendment 3, Rep. Ron Hicks (R) filed his Marijuana Freedom Act on Wednesday, one day after a judge cleared the way for the initiative to be voted on in November. The bill is a revised version of a bill he filed earlier this year and advanced through committee during the regular legislative session. He is calling on Gov. Mike Parson (R) to include the bill in a pending special session, even though Parsons said recently he would not include it.

Nevada Judge Rules Pharmacy Board's Classification of Marijuana as Schedule I Substance Unconstitutional. District Judge Joe Hardy Jr. ruled Wednesday that the state Board of Pharmacy’s classification of cannabis as a Schedule 1 drug is unconstitutional. The ruling came in a lawsuit filed by the ACLU of Nevada, which argued that marijuana doesn't meet the definition of a Schedule I drug under state law because it has accepted medical uses. The judge agreed: "The constitutional right to use marijuana upon the advice of a physician does establish that marijuana has an accepted medical use and treatment in the United States," Hardy said.

North Dakota Activists Accuse State of Misleading Voters About Marijuana Legalization Initiative. Backers of the Initiated Statutory Measure No. 1 marijuana legalization initiative say the state's ballot summary misleads voters about the costs of the measure by failing to include any revenues from legalization in the summary. The state's fiscal summary reads as follows: "The estimated fiscal impact of this measure beginning in 2023 through the 2025-2027 Biennium is Revenue of $3,145,000 and Expenses of $4,985,000." That does not include revenues from legal marijuana, which would be taxed at 5 percent by the state, up to an additional 3 percent by localities, and a possible excise tax. Dave Owen, the chairman of New Approach North Dakota, called the fiscal summary "obviously incomplete" and "intentionally misleading." The state claims it is unable to calculate potential revenues, but an economics professor at North Dakota State University was able to come up with a projection that the state would get about $6 million in pot taxes each year.

Medical Marijuana

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law,"said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law,"Kiesel said. "It’s important to remember, if you have a medical marijuana license, you are under the care of a physician."

Asset Forfeiture

South Carolina Supreme Court Upholds Civil Asset Forfeiture Law But Urges Legislative Reform. The state Supreme Court on Wednesday upheld the state's civil asset forfeiture law but suggested the legislature could reform the law to make it more fair to seizure victims. "Several states have amended their statutory schemes to impose more stringent requirements on the government; however, the fact that certain states have legislatively altered their civil forfeiture laws provides no support for judicially changing ours,"the order said. "Legislative alteration might be a good thing, but we are not called upon to decide whether a change in the law would be wise."

International

 

 

. The leader of an anti-government coca growers union faction, Freddy Machicado, was arrested Wednesday for his role in protests that resulted in the burning of a "parallel" coca market in La Paz. He is being held at a police headquarters in El Alto, a La Paz suburb. For weeks, Machiado had led weekly protests against the market, which is operated by another faction of the Adepcoca union close to the government. Its leader, Arnold Alanes, who claims leadership of the union even though a majority of affiliates reject his leadership. There are only two officially sanctioned legal coca markets in the country, but Alanes' "parallel" market had operated unimpeded by the government. 

Medical Marijuana Update

California medical marijuana patients get more protections, so do District of Columbia city employees, and more.

California

California Governor Signs Bill Protecting Medical Marijuana Patients from Healthcare Discrimination. Gov. Gavin Newsom (D) has signed into law Assembly Bill 1954, barring doctors from discriminating against patients based on a positive test for THC if the patient is a registered medical marijuana user. The bill adds that healthcare professionals cannot be punished for treating a patient who uses medical marijuana in compliance with state law. He also signed into law Senate Bill 988, which amends an existing law that permits registered patients to use medical marijuana products at hospitals. It would repeal a provision that currently requires that "health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements."

Nebraska

Federal Appeals Court Rejects Attempt by Medical Marijuana Campaign to Block Nebraska Ballot Process. As medical marijuana campaigners ran into problems with signature gathering earlier this summer, they sued, arguing that the state's requirement that initiative campaigns not only reach a certain statew0ide signature threshold but also get signatures from at least 5 percent of voters in at least 38 of the state's 93 counties violated free speech and equal protection rights. Nebraskans for Medical Marijuana and the ACLU prevailed in district court in June, winning a temporary injunction suspending the 5 percent requirement. But state officials appealed, and the US 8th Circuit quickly put a hold on the judge's order pending an appeals court ruling. That ruling came Wednesday, when a split panel of the court ruled for the state. "The district court abused its discretion by granting the plaintiffs’ request for a preliminary injunction,” Judges Raymond Gruender and David Stras ruled. Judge Jane Kelly disagreed, writing that "if the right to vote is fundamental, I see no reason why it should not apply equally to the initiative process at the heart of Nebraska’s electoral and legislative system." The campaign and the ACLU said the effort would continue and that they may seek a ruling from the full 8th Circuit.

Washington, DC

DC Court Reverses Firing of Government Worker Who Tested Positive for Marijuana. An administrative court in the DC Office of Employee Appeals (OEA) has reversed the firing of medical marijuana patient and city government employee who was accused of being high on the job and later tested positive for marijuana. The employee argued that the city's communications office falsely accused her of being impaired because her eyes were red and she was talking quietly. She pointed out that her eyes were red because she had spent the previous night at a hospital sitting beside a relative who had overdosed. She also presented a valid medical marijuana patient card. The court held that the communications office was negligent in how it handled the process for reasonable suspicion of impairment from drugs. The judge noted that supervisors allowed her to continue working after they accused her of being impaired: "Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted," the judge wrote in the ruling. 

Poll Finds SAFE Banking Act Has Broad Support, DEA Fentanyl Scaremongering, More... (9/7/22)

Missouri's Republican governor rejects a call to include marijuana legalization in an upcoming special session, a DC court reverses the firing of a medical marijuana-using employee accused of being high on the job, and more.

"Rainbow" fentanyl--not aimed at kids, experts say. (Multnomah County Sheriff)
Marijuana Policy

Survey: Most Voters Support Federal Banking Reforms for Licensed Marijuana Retailers. The overwhelming majority of voters believe that federal law should be amended so that state-licensed marijuana businesses can readily utilize banks and other financial services, according to national survey data compiled by Morning Consult and commissioned by the Independent Community Bankers of America. Consistent with prior survey data, 65 percent of respondents “support allowing cannabis-related businesses to have access to banking services in states where cannabis is legal.” Moreover, 63 percent of voters agree that allowing cannabis-related businesses to access the banking system will help improve public safety, and 58 percent say that it is “important” that members of the U.S. Senate vote to establish a safe harbor for licensed cannabis businesses. The SAFE Banking Act (HR 1996), which would do just that, has repeatedly passed in the House only to be blocked in the Senate by Senate Majority Leader Charles Schumer (D-NY) and his allies, who are holding out for passage of a full-fledged marijuana legalization bill.

Missouri Governor Will Not Include Marijuana Legalization in Special Session. Efforts to do a legislative end run around a pending marijuana legalization constitutional amendment (Amendment 3) have come to naught after Gov. Mike Parson's office said Tuesday that he will not expand the scope of his upcoming legislative special session to consider legalizing marijuana. "The call will not be amended to include marijuana legalization," Kelli Jones, spokeswoman for Parson, said. Lawmakers hoping to blunt momentum for the measure had called on the governor to include marijuana legalization, but even though Parsons has called Amendment 3 "a disaster," he demurred.

Medical Marijuana

DC Court Reverses Firing of Government Worker Who Tested Positive for Marijuana. An administrative court in the DC Office of Employee Appeals (OEA) has reversed the firing of medical marijuana patient and city government employee who was accused of being high on the job and later tested positive for marijuana. The employee argued that the city's communications office falsely accused her of being impaired because her eyes were red and she was talking quietly. She pointed out that her eyes were red because she had spent the previous night at a hospital sitting beside a relative who had overdosed. She also presented a valid medical marijuana patient card. The court held that the communications office was negligent in how it handled the process for reasonable suspicion of impairment from drugs. The judge noted that supervisors allowed her to continue working after they accused her of being impaired: "Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted," the judge wrote in the ruling. 

Opioids and Opiates

DEA Warning that Colored Fentanyl Pills Are Aimed at Kids is Nonsense, Experts Say. On August 30, the DEA warned the public about fentanyl in colorful pills being sold by "drug cartels" to "made to look like candy to children and young  people," calling it "Rainbow fentanyl" and charging that it is "a deliberate effort by drug traffickers to drive addiction amongst kids and young adults." But drug policy experts said such statements were misleading—and used harsh terms in doing so.

The charge is "typical drug war bullshit," said Dr. Nabarun Dasgupta, a pharmaceutical scientist at the University of Carolina at Chapel Hill. DEA's framing "was so divorced from any reality of what drug markets are actually like, it was almost laughable that our country's top drug enforcement folks are so out of touch.We've been talking about colored dope for years. This is like completely nothing new."

Claire Zagorski, a licensed paramedic, program coordinator and harm reduction instructor for the PhARM Program at The University of Texas at Austin College of Pharmacy, described the DEA announcement as "old recycled drug propaganda" that echoes the perennial myth of dope-laced Halloween candy. "Why would someone give away their expensive drugs to some random person they don't know, just so they might have a bad experience? It doesn't make sense," Zagorski told Salon. "At the end of the day, drug sellers are business people, and they're not going to invest in some kind of change to their supply if they don't think there's some good return on it … Kids don't have a lot of money that their parents don't supervise or give to them. So it just doesn't make sense from a business standpoint."

Iran Drug Executions Surge, Trump Baselessly Accuses Fetterman of Abusing Hard Drugs, More... (9/6/22)

Marijuana legalization initiatives in Arkansas and Missouri face challenges, California's governor signs a pair of medical marijuana bills, and more.

The ex-president baselessly accused Pennsylvania Lt. Gov. John Fetterman of abusing hard drugs. (Creative Commons)
Marijuana Policy

Arkansas Marijuana Legalization Initiative Campaign Tells State Supreme Court It Should Be on Ballot and Votes Counted. Responding to the State Board of Election Commissioners' decision to keep a marijuana legalization initiative off the November ballot because the measure's ballot title does not set a limit on THC in marijuana products, the initiative's backers, Responsible Growth Arkansas, told the state Supreme Court last Friday that it not only met but exceeded state requirements about informing voters about the subject of the initiative. After the commissioners initially blocked the measure, Responsible Growth Arkansas won a preliminary injunction keeping it on the ballot until the high court makes a final ruling, but the court also ruled that votes for and against the initiative would not be counted if it rules against the measure.

Missouri Lawmakers, Activists Urge Governor to Add Marijuana Legalization to Special Session, Urge Defeat of Initiative. A bipartisan group of lawmakers and activists called on Gov. Mike Parsons (R) to add marijuana legalization to the agenda of a legislative special session. They also announced the launch of a campaign to defeat a marijuana legalization constitutional amendment (Amendment 3) already approved for the November ballot. "Rather than settle for an ill-suited and monopolistic program shoehorned into our (state) constitution, the Missouri General Assembly has a unique opportunity to consider legislation that would legalize cannabis in a truly free market fashion," said state Rep. Tony Lovasco (R-O'Fallon). Some activists are unhappy with how the initiative would allow the state to continue to cap licenses to grow or sell marijuana and would give current medical marijuana businesses the first shot on the more lucrative recreational licenses. The special session begins next week.

Medical Marijuana

California Governor Signs Bill Protecting Medical Marijuana Patients from Healthcare Discrimination. Gov. Gavin Newsom (D) has signed into law Assembly Bill 1954, barring doctors from discriminating against patients based on a positive test for THC if the patient is a registered medical marijuana user. The bill adds that healthcare professionals cannot be punished for treating a patient who uses medical marijuana in compliance with state law. He also signed into law Senate Bill 988, which amends an existing law that permits registered patients to use medical marijuana products at hospitals. It would repeal a provision that currently requires that "health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements."

Drug Policy

Donald Trump Baselessly Accuses Pennsylvania Democratic Senate Candidate of Abusing Hard Drugs. In a "Save America Rally" in Wilkes-Barre, Pennsylvania, Saturday night, former President Donald Trump accused Democratic senatorial nominee Lt. Gov. John Fetterman of abusing hard drugs without presenting any evidence that backed his claim. "Fetterman supports taxpayer-funded drug dens and the complete decriminalization of illegal drugs, including heroin, cocaine, crystal meth, and ultra-lethal fentanyl," Trump said. "By the way, he takes them himself." Fetterman's campaign responded with a statement that said in part, "more and more lies from Trump and Dr. Oz, another day, but it's the same crap from these two desperate and sad dudes." Fetterman supports marijuana legalization and has spoken in favor of drug decriminalization, as well as safe injection sites, which is what Trump was referring to when he mentioned "taxpayer-funded drug dens," but there is no evidence he is a hard drug user. He is running against Dr. Mehmet Oz, whom Trump was stumping for. 

International

Iran Drug Executions Are on the Rise Again. Human rights groups say that drug executions are on the rise in Iran. Prior to 2017, Iran executed hundreds of drug offenders each year, but that toll dropped dramatically after the Islamic Republic amended its anti-drug law that year. Thirty persons or fewer were executed for drug offenses in 2018, 2019, and 2020, but that number jumped to 126 last year and had already hit 91 so far this year. Iranian human rights groups say the rise in drug executions is part of a broader spike in executions that "represents a rapid escalation in state-sponsored violence, occurring within a context of raising political unrest in the nation."

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundationtakes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

MI Police Admit Pot Driving Drug Tests Are No Good, CA Pot Bills Go to Governor, More... (9/1/22)

Indonesia has more than 200 people on death row for drug offenses, an effort by a Nebraskas medical marijuana campaign to block part of the state's signature-gathering requirements is rejected by an appeals court, and more

Michigan State Police alerted prosecutors that their drug tests for THC instead alerted for CBD. (Creative Commons)
Marijuana Policy

California Governor Has a Pile of Marijuana Bills on His Desk. Lawmakers were busy as the legislative session came to an end Wednesday, sending another batch of marijuana-related bills to the desk of Gov. Gavin Newsom (D). Now, there are more than a dozen bills awaiting his signature. One would bar localities from banning medical marijuana deliveries, another provides employment protection for off duty marijuana-using workers, another streamlines record-sealing procedures for past marijuana offenses, another would allow the state to set up interstate cannabis commerce, another would authorize medical marijuana for pets, another would protect the rights of marijuana-using parents, another would allow for insurance coverage for marijuana businesses, another changes the state's cannabis tax policy, another would bar doctors from discriminating against registered patients for a positive THC test, another amends the state law requiring medical facilities to accommodate medical marijuana use, another would allow cannabis beverages to be packaged in clear containers, another would add advertising and labeling requirements for vape products, another would bar marijuana regulators from denying temporary event license applications solely because the licensee also has a liquor license, and, last but not least, one would require reporting on marijuana tax revenues distributed to a youth education and prevention program.

Medical Marijuana

Federal Appeals Court Rejects Attempt by Medical Marijuana Campaign to Block Nebraska Ballot Process. As medical marijuana campaigners ran into problems with signature gathering earlier this summer, they sued, arguing that the state's requirement that initiative campaigns not only reach a certain statew0ide signature threshold but also get signatures from at least 5 percent of voters in at least 38 of the state's 93 counties violated free speech and equal protection rights. Nebraskans for Medical Marijuana and the ACLU prevailed in district court in June, winning a temporary injunction suspending the 5 percent requirement. But state officials appealed, and the US 8th Circuit quickly put a hold on the judge's order pending an appeals court ruling. That ruling came Wednesday, when a split panel of the court ruled for the state. "The district court abused its discretion by granting the plaintiffs’ request for a preliminary injunction,” Judges Raymond Gruender and David Stras ruled. Judge Jane Kelly disagreed, writing that "if the right to vote is fundamental, I see no reason why it should not apply equally to the initiative process at the heart of Nebraska’s electoral and legislative system." The campaign and the ACLU said the effort would continue and that they may seek a ruling from the full 8th Circuit.

Drug Testing

Michigan State Police Say Tests for THC in Drivers Actually Showed CBD; Thousands of Cases Could Be Impacted. State police notified prosecutors late last month that drug tests designed to detect THC in the blood of drivers instead alerted to the presence of non-psychoactive CBD and that they have now halted the blood toxicology testing program. "After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense," state police said Wednesday. "Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted," state police said. "These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood-alcohol content legal threshold." March 28, 2019, is when CBD became legal in the state.

International

Indonesia Has More Than 200 People on Death Row for Drug Offenses. There are 404 death row inmates in the island archipelago, and more than half of them are there for drug offenses. It has already executed another 80 drug offenders since the beginning of the coronavirus pandemic out of 94 executions overall. Those executed include seven foreign nationals. The resort to the death penalty comes even as the country has since 2009 softened its drug laws, allowing judges to impose rehabilitation instead of prison for drug users and health authorities established guidelines for rehabilitation and treating drug use. 

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