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White House Preps for MDMA Therapy Approval, MO Legalization Init Could Come Up Short, More... (7/28/22)

South Dakota's first state-licensed medical marijuana dispensary opens, the FDA is moving toward approval of MDMA-assisted therapy for PTSD, and more.

Psilocybin mushrooms. Legalizing them could be on the ballot in Medford, Oregon, this November. (Pixabay)
Marijuana Policy

Missouri Marijuana Legalization Initiative Campaign Needs More Signatures as Deadline Looms. Legal Missouri, the group behind an initiative to legalize marijuana in the state, handed in more than twice the number of signatures needed to qualify for the November election, but may still come up short because of the state's requirement that it meet signature thresholds in each of the state's congressional districts. The group is 1,144 signatures short in the 7th Congressional District and 1,573 short in the 6th. The campaign says it is double-checking signature counts from local election authorities in hopes of making up the shortfall. Secretary of State John Ashcroft (R) will announce by August 9 whether or not the campaign has qualified.

Medical Marijuana

South Dakota's First State-Licensed Medical Marijuana Dispensary Opens. The Unity Road Dispensary in the small town of Hartford opened its doors for business Wednesday, becoming the first state-licensed dispensary to open after voters approved a medical marijuana initiative in 2020. But it is not the first dispensary in the state: The Flandreau Santee Sioux Tribe opened Native Nations Cannabis in July 2021, saying it did not need to wait for the state to license it because it is on sovereign Native American territory. Another has since opened on the Pine Ridge reservation.

Psychedelics

Biden Administration Preparing for FDA Approval of MDMA-Assisted Therapy for PTSD. The Department of Health and Human Services released a letter Wednesday that described the Food and Drug Administration's "anticipated approval… within approximately 24 months" of psychedelic-assisted therapies. The letter said that the Substance Abuse and Mental Health Services Administration is exploring establishment of a Federal Task Force to address the complex issues associated with the commercialization of psychedelic medicines, including clinical, regulatory, and public policy matters.

The Multidisciplinary Association for Psychedelic Studies (MAPS), which has pioneered clinical trials on MDMA, was pleased: "We applaud the Biden Administration for taking psychedelic-assisted therapies, and their potential to treat life-threatening mental health conditions, seriously. A Federal Task Force on psychedelic-assisted therapies should take a multidisciplinary approach to ensuring that red tape, administrative delays, or insurance coverage questions don't leave Americans suffering as they seek to access approved treatments," said MAPS founder and executive director Rick Doblin.

Doblin continued, "For the first time, research that has been driven by philanthropists could additionally be supported by the same types of Federal grants that have funded other health care revolutions and develop patient access strategies that prioritize public benefit over profit. For decades, we have been making the case for what the Administration is now acknowledging: psychedelic-assisted therapies may become a key in addressing the most urgent mental health challenges of our time and reducing needless suffering."

Medford, Oregon, City Council Ponders Psilocybin Legalization. In a surprise move, the city council has scheduled a study session about psilocybin for tonight's meeting. No vote on an ordinance is expected, but the city council said it wants the study session to make an informed decision about putting an ordinance on the November ballot.

Senate Democrats File Marijuana Legalization Bill, Bipartisan Psychedelics for Terminally Ill Bill Filed, More... (7/21/22)

Singapore is set to hang a drug offender today, Sensators Cory Booker (D-NJ) and Rand Paul (R-KY) filed a bill to allow the terminally ill to use certain psychedelics, and more.

Marijuana Policy

Senate Leadership Introduces Legislation to End Federal Marijuana Prohibition. Senate Majority Leader Chuck Schumer (D-NY), along with Sen. Cory Booker (D-NJ) and Sen. Ron Wyden (D-OR), today introduced the Cannabis Administration and Opportunity Act (CAOA). The legislation repeals the federal criminal prohibition of marijuana, provides deference to states' cannabis policies, and establishes mechanisms to help repair the harms associated with the racially and economically disparate enforcement of prohibition. The CAOA removes marijuana from the Controlled Substances Act schedule entirely, ending the threat of federal prosecution for possession and licensed commercial activity, and allows states to implement their own cannabis policies free of federal interference. It also eliminates many problems facing regulated state cannabis markets, including lack of access to financial services, the inability to deduct standard business expenses when filing federal taxes, and the lack of uniform national regulatory standards and guidelines. The legislation also directs funding to reinvest in communities that have been disproportionately impacted by prohibition and helps improve diversity and inclusion in regulated cannabis markets. The bill's prospects in the evenly-divided Senate are unclear, at best.

Psychedelics

Senators Cory Booker, Rand Paul Introduce Bipartisan Legislation to Amend the Right to Try Act to Assist Terminally Ill Patients. US Senators Cory Booker (D-NJ) and Rand Paul (R-KY) introduced legislation Thursday to clarify that the Right to Try Act should allow terminally ill patients to have access to Schedule I drugs for which a Phase 1 clinical trial has been completed. Specifically, the Right to Try Clarification Act would remove any obstacle presented by the Controlled Substances Act with respect to Schedule I substances when they are used by doctors and patients in accordance with the federal Right to Try law. Companion legislation will be introduced in the House by Representatives Earl Blumenauer (D-OR) and Nancy Mace (R-SC).

The federal Right to Try law permits patients who have been diagnosed with life-threatening diseases or conditions, and who have exhausted all approved treatment options, access to certain treatments that have not yet received final FDA approval. In general, a drug is eligible for Right to Try use after a Phase 1 clinical trial has been completed for that drug but prior to the drug being approved or licensed by the FDA for any use. In other words, in limited conditions involving life threatening illness and for drugs that have been proven to be safe, the federal Right to Try law removes the FDA out of doctor-patient decisions and reverts regulation back to the states. Under the terms of the federal Right to Try law, states remain free to permit or prohibit Right to Try use under their own laws.

International

Singapore Set to Hang Drug Offender Today. The city-state is set to hang 64-year-old Singaporean citizen Nazeri Lajim for drug trafficking today. This would be the fifth execution since March after a long pause in hangings during the coronavirus pandemic. He was handed the death sentence in 2017, some five years after being arrested during an anti-narcotics operation. Nazeri was found with two bundles of what was analyzed to be 35.41 grams of heroin, exceeding the 15 gram legal threshold for the imposition of the death penalty.

The country is increasingly out of step with its neighbors on drug policy. Thailand legalized most forms of marijuana last month, and Indonesia and Malaysia are discussing medical marijuana. The government defended its hardline approach: "It really is incumbent upon us to present the choices in very vivid terms and persuade our people, including young people, that we have to make the right choices for them and for society," said Law and Home Affairs Minister K. Shanmugam.

Sudan Defense Lawyers Charge Political Detainees Forced to Undergo Drug Tests. The legal group Sudan's Emergency Lawyers, which defends people seeking to protest against rule by the military-dominated government, is charging that people being arrested at protests are now being subjected to unlawful drug tests. Detainees including at least 15 minors and six women were released after being beaten, assaulted and subjected to drug tests, the group said.

The lawyers said "what is really disturbing is that these people are now subjected to a drugs test," which they stressed "is completely contrary to the law". The lawyers say that those detained were not in possession of drugs and were not found in any suspicious situation that necessitates this procedure or would give authorities common cause. They pointed to the fact that any referral for examination must be made by the prosecution. "This procedure is purely criminal, it violates the rights of the detained, and it is against the principle of assumption of the accused's innocence, and completely contrary to the law. It degrades dignity and has a profound psychological impact," the lawyers added.

Rumors have been circulating that young protesters are using drugs, meth in particular, because they don't seem to show hunger or fatigue, but there has been no evidence to back up the rumors.

CA Farmers' Market Pot Sales Bill Advances, CO Prescription MDMA Bill Advances, More... (4/28/22)

No, Virginia, new criminal marijuana offenses are not happening; a bipartisan pair of senators file a bill aimed at helping communities respond to the overdose crisis, and more.

MDMA. A Colorado bill foresees federal rescheduling and seeks to align state statutes to allow prescriptions. (CC)
Marijuana Policy

California Bill to Allow Pot Growers to Sell at Farmers' Markets Advances. A bill that would allow marijuana growers to sell their weed directly to customers at farmers' markets, Assembly Bill 2691, has won a first committee vote, passing out of the Assembly Committee on Business and Professions. The bill comes as growers are seeing historically low prices and facing a financial crunch. The price of outdoor grown marijuana has fallen to $488 a pound, a drop of more than 50 percent from last year. It now goes to the Assembly Committee on Appropriations.

Georgia Democrats Will Vote on Non-Binding Marijuana Question in May Primary. The state Democratic Party leadership has placed nine non-binding ballot questions, including one on marijuana legalization, on the ballot for Democratic Party voters next month. The marijuana question asks: "Should marijuana be legalized, taxed and regulated in the same manner as alcohol for adults 21 years of age or older, with proceeds going towards education, infrastructure and health care programs?" The aim of the questions is to demonstrate to elected officials that there is support for reforms.

Virginia Senate Kills Governor's Amendments to Recriminalize Marijuana Possession. Gov. Glenn Youngkin's (R) effort to create two new criminal offenses for possession of more than two ounces and more than six ounces of marijuana has gone down in flames. Youngkin had proposed the regressive step as an amendment to Senate Bill 591, but the Senate voted Tuesday to re-refer the bill to committee, effectively killing it since the legislative session has already ended for the year. The state legalized marijuana last year.

Psychedelics

Colorado MDMA Legalization Bill Advances. A bill that foresees eventually federal legalization of MDMA for medicinal purposes and seeks to align state statutes to allow state-level legalization for prescriptions once that happens, House Bill 1344, has successful passed the House and won its first Senate committee vote Wednesday. After being cleared by the Senate Health and Human Services Committee, the bill now heads for a Senate floor vote.

Drug Policy

Bipartisan Pair of Senators File Bill to Help Local Communities Fight Drug Overdoses. Sens. Sheldon Whitehouse (D-RI), Chairman of the Senate Caucus on International Narcotics Control, and Senator John Cornyn (R-TX), a caucus member, introduced the Overdose Review Team Act Wednesday to help local communities save lives by improving their response to the overdose epidemic. The legislation would create a grant program at the Department of Health and Human Services (HHS) to support local governments in establishing panels of health officials, social service organizations, law enforcement, and others to review drug overdoses. The panels would then develop best practices and policy recommendations to prevent future overdoses -- a model that has been adopted in a dozen states, including Rhode Island.

LA House Passes No Pot Smoking in Vehicle Bill, Fight Over Drug Decriminalization Thresholds in BC, More... (4/7/22)

With a medical marijuana bill pending, a North Carolina poll show it has strong support; a Colorado bill to create a psychedelic review panel is dropped by its sponsor who says let voters decide at the polls in November, and more.

You might not want to do this in Louisiana if a bill that is moving through the legislature passes. (YouTube)
Marijuana Policy

Louisiana House Passes Bill to Make Smoking Marijuana in a Vehicle a Stoppable Offense. The House on Thursday approved a measure, House Bill 234, that would make smoking marijuana in a vehicle a primary offense, meaning that police could use that to pull over anyone suspected of a violation. Bill sponsor Rep. Laurie Schlegel (R-Metaire) said the bill was a highway safety measure, but opponents said they feared it would lead to unwarranted traffic stops and that police could mistake a cigarette or vaping device for marijuana and pull over vehicles. But the bill passed by a greater than two-to-one margin in the House and now heads to the Senate.

Medical Marijuana

North Carolina Poll Shows Strong Support for Medical Marijuana, Not Quite a Majority for Legalization. A WGHP/The Hill/Emerson College poll has found that 68 percent of North Carolinians believe medical marijuana should be legal, but only 46 percent think recreational marijuana should be legal. The poll comes as the legislature is grappling with a medical marijuana bill, Senate Bill 711, would legalize medical marijuana to help ease pain and nausea associated with several illnesses and diseases. The bill saw some action last year, but has yet to move this year.

Psychedelics

Colorado Bill to Legalize MDMA Prescriptions with Federal Approval Advances, But Psychedelic Review Panel Killed. The House Public & Behavioral Health & Human Services Committee voted Tuesday to advance House Bill 1344, which would adjust state statutes so that legal MDMA prescriptions could occur if and when the federal government allows such use. But the same committee voted down a bill that would have created a psychedelic review committee to make recommendations on possible policy changes, House Bill 1116, after its sponsor asked for it to "kill my bill" given that voters will have a chance of weighing in on psychedelic reform initiatives likely to appear on the November ballot.

International

Health Canada Proposes Lower Thresholds for British Columbia Drug Decriminalization; Activists Cry Foul. The province has applied with Health Canada for an exemption to the country's drug laws in order to decriminalize the possession of small amounts of drugs, and BC Addictions Minister Sheila Malcolmson said Wednesday that the federal agency is considering a lower threshold for the amount of drugs a person can carry than what the province or activists say it proper. The province requested a cumulative threshold of 4.5 grams of opioids, cocaine, and methamphetamine, but Malcolmson said Health Canada is considering a threshold of 2.5 grams. "Everybody who is an advocate was horrified by this," said Leslie McBain, cofounder of Moms Stop the Harm. "If the thresholds are too low, it exposes them to more increased police surveillance, it exposes them to having to buy smaller quantities and so accessing the illegal market more often," said Donald MacPherson, director of advocacy group the Canadian Drug Policy Coalition. Health Canada says no final decision has been reached. 

Psychedelic Reform Possibilities in 2022 [FEATURE]

Activists in Denver opened psychedelic floodgates for the United States with their successful psilocybin decriminalization initiative in 2019. Since that time, the trickle of bills and initiatives seeking to undo the criminalization of psychedelics has turned into a torrent.

Is it the year of the magic mushroom? (Creative Commons)
In 2020, Oregon and Washington, DC broke things open even wider with Oregon's therapeutic psilocybin initiative and DC's entheogenic plant decrim. (Oregon also passed the broader general drug decrim initiative). A number of towns and cities, most notably in California, Massachusetts, and Michigan, have subsequently enacted psychedelic reforms.

This year, psychedelic reform measures are popping up like mushrooms after a rain shower, with serious decriminalization or legalization efforts in several states, and either therapeutic or study efforts (or therapeutic study efforts) in many more. Many, perhaps most, of these bills will not pass this year, but then, legislating controversial topics is seldom a single-year process. Initiatives probably have a better chance of success -- provided they can make it to the ballot.

With a big tip of the hat to Ballotpedia and Marijuana Moment, here's is what we've got going in 2022:

California

There are two different paths to psychedelic legalization this year, one via the legislature and one as a potential November ballot initiative.

Senate Bill 519 would legalize the possession and unremunerated sharing of psilocybin (2 grams, or 4 grams of magic mushrooms), psilocin, DMT (2 grams), LSD (0.01 gram), MDMA (4 grams), and mescaline for people 21 and older. The bill passed the Senate last year, but sponsor Sen. Scott Weiner (D-San Francisco) put it on pause, signaling he needed more time to build support in the Assembly.

Regardless of what happens in Sacramento, activists with Decriminalize California have drafted the California Psilocybin Initiative of 2022 , which "decriminalizes under state law the cultivation, manufacture, processing, distribution, transportation, possession, storage, consumption, and retail sale of psilocybin mushrooms, the hallucinogenic chemical compounds contained in them, and edible products and extracts derived from psilocybin mushrooms."

Whether the initiative will qualify for the ballot will be known soon; campaigners have only until March 13 to come up with 623,212 valid voter signatures. As of mid-February, they had not reported gathering 25 percent of the signatures, as is required when that benchmark is reached, so that is not a good sign.

Colorado

New Approach PAC, which supported the Oregon therapeutic psilocybin initiative in 2020, as well as various marijuana legalization initiatives, is supporting a pair of psychedelic reform initiatives, both known as the Natural Medicine Healing Act. The first would legalize the possession, cultivation and an array of entheogenic substances, as well as establish a regulatory model for psychedelics therapy. The other would initially legalize psilocybin and psilocin alone for personal adult use while and allow for their sale and administration in a therapeutic setting.

Meanwhile, activists with Decriminalize Nature Boulder County have filed the Legal Possession and Use of Entheogenic Plants and Fungi initiative, which would allow people 21 and over to possess, cultivate, gift and deliver psilocybin, psilocyn, ibogaine, mescaline and DMT. The initiative would also allow psychedelic services for therapeutic, spiritual, guidance, or harm reduction purposes with or without accepting payment.

Both initiatives will need 124,632 valid voter signatures by August 8 to qualify for the November ballot.

Florida

State Senate Minority Leader Lauren Brook (D) has filed Senate Bill 348, which would require the state to research the medicinal benefits of psychedelic substances such as ketamine, MDMA, and psilocybin. The bill directs the state Health Department to "conduct a study evaluating the therapeutic efficacy of alternative therapies" such as those substances, "in treating mental health and other medical conditions," such as anxiety, depression, bipolar disorder, and PTSD. A companion version of the bill, House Bill 193 has been filed in the House. Neither has moved since last fall, though.

Hawaii

A bill to set up a state working group to study the therapeutic effects of psilocybin mushrooms, Senate Bill 3160, won approval in the Senate Health Committee this month and now awaits a Senate floor vote. Companion legislation, House Bill 2400, is awaiting action in the House.

Meanwhile, Senate Bill 738 would decriminalize psilocybin by removing from the state's schedule of controlled substances and requiring the establishment of therapeutic psilocybin treatment centers, which was filed more than a year ago, awaits action in the Senate Judiciary Committee.

Iowa

There are a trio of psilocybin bills that are all technically still alive, although they were filed a year ago and have yet to see action. House File 549 would deschedule psilocybin, but a Public Safety subcommittee recommended indefinite postponement last March, and it remains postponed indefinitely. House File 636 would set up a regime for therapeutic psilocybin, and House File 480 would decriminalize certain psychedelics for use by a patient diagnosed with a terminal illness or a life-threatening disease or condition. Neither of those bills have moved out of committee.

Kansas

House Bill 2465 would decriminalize the possession of less than 100 grams of psilocybin and make possession of more than 100 grams a misdemeanor. The bill would also legalize the home cultivation of psilocybin mushrooms. Introduced last month, the bill is now before the House Committee on Corrections and Juvenile Justice.

Maine

Legislative Document 1582 would enact "the Maine Psilocybin Services Act, which establishes a regulatory framework in order to provide psilocybin products to clients in Maine." Although it is not yet officially dead, it failed to get reported out of the House Health and Human Services Committee earlier this month.

Maryland

A pair of complementary bills, House Bill 1367and Senate Bill 709, would create "the Post-Traumatic Stress Disorder Alternative Therapies Fund to support the study of the effectiveness of and improving access to alternative therapies for post-traumatic stress disorder in veterans." While there has been a Senate hearing on its bill, neither bill has moved out of committee yet.

Massachusetts

House Bill 1494would establish an interagency task force to study the public health and social justice implications of legalizing the possession, consumption, transportation, and distribution of naturally cultivated entheogenic plants and fungi. It is currently before the Judiciary Committee.

Michigan

Sen. Jeff Irwin (D) filed Senate Bill 631 last September. It would legalize the possession, cultivation, and delivery of plant- and fungi-derived psychedelics, such as mescaline and psilocybin. The bill would free people from criminal liability except for "receiving money or other valuable consideration for the entheogenic plant or fungus." In other words, no commercial sales, but people can charge a "reasonable fee for counseling, spiritual guidance, or a related service that is provided in conjunction with the use of an entheogenic plant or fungus under the guidance and supervision of an individual providing the service."

Meanwhile, activists with Decriminalize Nature, Decriminalize Nature Michigan, and Students for Sensible Drug Policy earlier this month filed the Michigan Initiative for Community Healing, which would legalize the use and possession of a broad range of natural entheogens and allow for "supervision, guidance, therapeutic, harm reduction, spiritual, counseling, and related supportive services with or without remuneration."

The measure has yet to be approved for signature gathering -- a decision on that will come next month -- and if and when it is, it will need 340,047 valid voter signatures by May 27 to qualify for the November ballot.

New Hampshire

A bipartisan group of legislators have filed House Bill 1349-FN, which would decriminalize the possession of psilocybin mushrooms. The bill would decriminalize the possession of up to 12 grams of 'shrooms, enough for several psychedelic experiences. The clock is ticking on this one; it must clear Criminal Justice and Public Safety Committee by March 10 or it dies.

New York

Assemblyman Pat Burke (D) has filed a bill, Assembly Bill 8569, that would legalize psilocybin mushrooms for therapeutic purposes and create facilities where the mushrooms could be grown and provided to patients. It is a set-up similar to what Oregon voters approved last year. The bill provides a list of qualifying medical conditions but also says psilocybin could be recommended "for any conditions" certified by a practitioner. The Department of Health would be responsible for providing a training course for practitioners and licensing the psilocybin centers.

Meanwhile, Assemblymember Linda Rosenthal (D/WF) has filed Assembly Bill 6065, which decriminalizes psilocybin. That bill has been referred to Assembly Health Committee.

Oklahoma

State Reps. Daniel Pae (R) and Logan Phillips (R) have filed a pair of bills that would promote research into psilocybin's therapeutic potential, and one of them would also decriminalize small-time possession of the drug. The bills are designed to give lawmakers different options to reach similar objectives, but Pae's bill would also decriminalize the possession of up to an ounce and half of psilocybin. Pae's bill, House Bill 3414, has been referred to House Public Health Committee, while Phillips' bill, House Bill 3174, =has been referred to House Rules Committee.

Pennsylvania

Rep. Tracy Pennicuick (R-Montgomery County) filed House Bill 1959, "Providing for research and clinical studies of psilocybin, for duties of Department of Health, for duties of institutional review boards, for duties of authorized psilocybin manufacturers, for duties of approved investigators and for reports" last October. It was referred to the House Health Committee, where it has remained ever since.

Utah

Rep. Brady Brammer (R-Highland) has filed House Bill 167, which would create a Mental Illness Psychotherapy Drug Task Force that would "study and make recommendations on drugs that may assist in treating mental illness." Although not mentioned specifically in the bill, supporters say psilocybin, the psychoactive compound in magic mushrooms, is the drug most likely to be considered by the task force. The bill passed the House last week and now heads for the Senate.

Vermont

Rep. Brian Cins (D/P) filed House Bill 309, "An act relating to decriminalizing certain chemical compounds found in plants and fungi that are commonly used for medicinal, spiritual, religious, or entheogenic purposes" 51 weeks ago. It has sat in the House Judiciary Committee without moving ever since, although it did get a hearing in January.

Virginia

In January, the House Courts of Justice Subcommittee voted to delay consideration of a bill to decriminalize a wide range of psychedelics, House Bill 898, until 2023. The move came even after the bill was amended by its sponsor, Del. Dawn Adams (D), to only apply to medical practitioners and people using psychedelics with a practitioner. The object for the delay is to build support and try again next year. A similar bill in the Senate, Senate Bill 262, remains alive.

Washington

State Senators Jesse Salomon (D) and Liz Lovelett (D) have introduced a bill that would allow people to use psilocybin and psilocin, the psychoactive ingredients in magic mushrooms, with the assistance of a trained and state-licensed psilocybin services administrator. The bill, Senate Bill 5660, is titled the Psilocybin Wellness and Opportunity Act. People would have to go to a licensed service center to partake, unless they suffer certain medical conditions or are unable to travel, in which case they could receive psilocybin at home and meet remotely with a facilitator. The bill got a Senate Health and Long Term Care Committee hearing earlier this month, but remains in committee.

There is also likely to be a ballot initiative to broadly decriminalize drugs in 2022, similar to what neighboring Oregon voters passed in 2020. That effort, which was foiled in 2020 because of the pandemic, is being led by Commit to Change WA.

Canada Opens Legal Pathway for Access to Psychedelic Treatment with MDMA, Psilocbyin, More... (1/11/22)

The nation's top spook announces an easing of rules around past marijuana use and national security clearances, the New Jersey legislature approves needle exchange expansion and syringe decriminalization bills, and more.

psilocybin molecule (Creative Commons)
Marijuana Policy

Director of National Intelligence Gives Clarification on Marijuana Issues and Clearance Holders. In guidance released late last year, Director of National Intelligence Avril Haines clarified the intelligence community's policy regarding security clearances for people who have used marijuana. Under previous policy, people needed to have not used marijuana for one to two years before applying for a national security position, but now the policy is that past marijuana use should not be determinative, but that they needed to stop using if they were being considered for a position: "In light of the long-standing federal law and policy prohibiting illegal drug use while occupying a sensitive position or holding a security clearance, agencies are encouraged to advise prospective national security workforce employees that they should refrain from any future marijuana use upon initiation of the national security vetting process, which commences once the individual signs the certification contained in the Standard Form 86 (SF-86), Questionnaire for National Security Positions."

The new guidance also addresses investing in marijuana businesses, warning that people seeking clearances should not do so, and it warns people seeking security clearances to be wary of using CBD products -- although it doesn't forbid it. "With respect to the use of CBD products, agencies should be aware that using these cannabis derivatives may be relevant to adjudications in accordance with SEAD 4." In other words, it could show up on a drug test.

Virginia Republican Files Bill to Eliminate Social Equity Funding in Marijuana Program. State Sen. Thomas Norment Jr. has filed a bill, Senate Bill 107, that would eliminate social equity funding for the state's recreational marijuana program. The bill would delete the line in last year's marijuana legalization law that channels 30 percent of revenues into a marijuana equity investment fund. Although Democrats still control the state Senate, minority business advocates worry that the bill could still pass and are calling it an effort to dismantle provisions in the law that have strong public support. If the bill does not pass, the funding will go supporting licensing opportunities for small and minority-owned marijuana businesses.

Harm Reduction

New Jersey Legislature Approves Bills Ending Requirement for Municipal Approval for Needle Exchanges. The legislature has passed the Syringe Access Bill (S-3009/A-4847) and the Syringe Decrim Bill (S-3493/A-5458), a pair of bills whose aim is to address the state's opioid overdose epidemic by easing access to clean needles, legalizing possession of needles, and expanding access to addiction services. The first pair of bills ends the requirement that municipalities pass an ordinance to okay local needle exchanges, while the second pair of bills legalized needle possession.

International

Canada Opens Legal Pathway for Access to Psychedelic Treatment with MDMA, Psilocbyin. Health Canada has amended federal regulations to allow doctors to request access to restricted drugs, such as MDMA and psilocybin, for patients undergoing psychedelic therapy. The regulatory change will allow physicians to use the Special Access Program, which allows healthcare practitioners to access drugs that have shown promise in clinical trials, or are approved in other countries, to seek permission to employ the drugs as therapeutics. The amendment to the Food and Drug Regulations was published in the Wednesday edition of the Canada Gazette, Canada's version of the federal register.

Rio de Janeiro Drug Raid Massacre, AZ Governor Signs Asset Forfeiture Reform Bill, More... (5/7/21)

Medical marijuana bills are moving in several states, a Minnesota marijuana legalization bill has just won its 11th committee vote (!), the Texas House passes a psychedelic therapeutic study bill, and more.

A favela in Rio de Janeiro. A police raid on a Rio favela left 25 dead this week. (Creative Commons)
Marijuana Policy

Federal Law Enforcement Arrested Nearly 5,000 People on Marijuana Charges Last Year. Despite spreading legalization at the state level, federal marijuana prohibition remains in full force, with the DEA reporting seizing over 4 ½ million pot plants and making nearly 5,000 marijuana arrests. The number of plants seized was up by 20% over 2019, while the number of arrests was up only slightly from 2019. Both figures, though, represent substantial decreases from a decade ago, when the DEA seized nearly nine million plants and made 8,500 pot arrests.

Idaho Senate Approves Bill to Ban Marijuana Advertising. The state Senate on Wednesday approved a bill that would bar commercial advertising for marijuana in the state, a move that could potentially impact ballot initiatives to legalize the drug in the state. The bill was only filed this week and had a public hearing earlier in the day that gave the public little chance to participate. The bill now goes to the House.

Minnesota Marijuana Legalization Bill Wins Yet Another House Committee Vote. The omnibus marijuana legalization bill, House File 600, was approved by the House Taxes Committee Wednesday. That was the 11th committee to approve the bill. It still must go before the House Ways and Means Committee before heading for a House floor vote. The bill face dim prospects, though, in the Republican-controlled state Senate.

Wisconsin GOP Lawmakers Strip Governor's Marijuana Legalization Proposal from Budget. The Republican-dominated Joint Finance Committee voted 12-4 on Thursday to delete Gov. Tony Evers' (D) marijuana legalization proposal from the budget. The move was no surprise, and has led to call from Evers for residents to put pressure on GOP lawmakers to support his agenda.

Medical Marijuana

Alabama Medical Marijuana Bill Heads to Governor's Desk. With final approval in the House on Thursday, and the Senate approving changes from the House that same day, a medical marijuana bill, Senate Bill 46, is now headed to the desk of Gov. Kay Ivey (R), who has not indicated whether she will sign it. The bill would allow people suffering from a list of about 20 specified medical conditions to have access to medical marijuana.

Kansas House Approves Medical Marijuana Bill. The House on Thursday voted 78-42 to approve a medical marijuana bill, House Substitute for SB158. The bill now heads to the Senate.

Tennessee Legislature Approves Limited Medical Marijuana Bill. A bill that would expand the state's limited CBD program and create a medical marijuana study commission has passed the legislature and now heads for the desk of Gov. Bill Lee (R), who is expected to sign it. It would allow patients to possess CBD oil with no more than 0.9% THC but provides no legal means of accessing it within the state.

Psychedelics

Texas House Approves Psychedelic Therapeutic Study Bill. The House on Thursday voted to approve a bill, House Bill 1802, that would mandate the state conduct a study of the therapeutic potential of psychedelic drugs such as psilocybin and MDMA. The measure passed on an overwhelming vote of 134-12. The bill was amended in the House to limit the study to veterans with PTSD instead of the broader study originally envisioned. The bill now goes to the Senate.

Asset Forfeiture

Arizona Governor Signs Asset Forfeiture Reform Bill into Law. Governor Doug Ducey (R) on Wednesday signed into law House Bill 2810, which reforms but does not eliminate civil asset forfeiture in the state. The bill passed the legislature with strong support.

International

Brazil Drug Raid in Rio Favela Leaves 25 Dead. A massive police operation Thursday against drug traffickers in the Jacarezinho favela in Rio de Janeiro left one policeman and 24 favela residents dead. The bloody raid is drawing condemnation from human rights groups. "Who are the dead? Young black men. That’s why the police talk about ‘24 suspects.’ Being a young, black favela resident automatically makes you a suspect to the police. They just keep piling up bodies and saying, ‘They’re all criminals,’" said Silvia Ramos, head of the Security Observatory at Candido Mendes University. "Is this the public security policy we want? Shootouts, killings and police massacres?" This isn't the deadliest anti-drug police operation in the country's history: A 2005 raid in the Baixada Fluminense favela left 29 dead. Police in Rio have a reputation for deadliness, and Human Rights Watch reports that they killed 453 in the first quarter of 2021.

Ecstasy Shown to Help with PTSD When Paired with Therapy, LA Smokable MedMJ Bill Advances, More... (5/4/21)

The Maryland Court of Appeals rules that the smell of marijuana is not sufficient probable cause to justify an officer stop, the DC city council ponders reserving some medical marijuana licenses for formerly incarcerated drug offenders, and more.

Pain pill distributors went on trial in Huntington, WV, Monday over their role in the opioid crisis. (Pixabay)
Marijuana Policy

Maryland Appeals Court Rules Smell of Marijuana Doesn't Justify Officer Stops. The state Court of Special Appeals ruled last week that simply smelling the odor of marijuana does not justify a police officer stopping and investigating someone. The court held that police need "reasonable suspicion" that a crime has been committed and that just smelling marijuana doesn't meet that standard. The state decriminalized the possession of up to 10 grams back in 2004, and the court held that since possession of less than that amount is not a crime and since the "odor of marijuana alone does not indicate the quantity, if any, in someone's possession," police cannot rely solely on the odor to conduct a stop and investigation.

Medical Marijuana

Louisiana House Approves Bill to Allow Patients to Use Smokable Marijuana. The House on Monday voted 73-26 to approve  House Bill 391, which would expand the state's limited medical marijuana program to allow patients to purchase whole-flower marijuana. The measure now heads to the Senate.

DC Council Considers Legislation to Reserve Some Business Licenses for Formerly Incarcerated Drug Offenders. The city council on Tuesday is taking up legislation that would reserve some new medical marijuana licenses for people who have done time for drug offenses. It is the latest move by the District to try to increase equity in the industry. The bill instructs the Alcoholic Beverage Regulation Administration, which regulates the industry, to reserve at least one dispensary license, one cultivation center license, and one testing lab license for ex-offenders.

Heroin and Prescription Opioids

Drug Distribution Companies Go on Trial for Allegedly Fomenting Opioid Addiction Crisis. A federal lawsuit targeting a trio of big drug distribution companies for their role in the ongoing opioid addiction crisis got underway Monday in Huntington, West Virginia. The city of Huntington is suing AmerisourceBergen Drug Company, Cardinal Health Inc, and the McKesson Corporation and alleging they pumped 1.1 billion opioid pain pills into the state, leading to widespread addiction and more than 1,700 opioid overdose deaths statewide. The lawsuit does not address the need of chronic pain patients to have access to sometimes large amounts of prescription opioids. It is one of hundreds filed against drug makers and distributors over the opioid crisis.

Psychedelics

Ecstasy Shown to Help with PTSD When Paired with Therapy. A study about to be published in Nature Medicine found that people with sever post-traumatic stress disorder (PTSD) who were given MDMA (Ecstasy) in conjunction with talk therapy experienced a significantly greater reduction in symptom severity than those who got therapy and a placebo. The study also reported no serious adverse effects, although some participants experienced mild nausea and loss of appetite.

Psychedelics at the Statehouse 2021 [FEATURE]

A new front in the war against the war on drugs has opened up. It has been less than two years since voters in Denver decriminalized the possession of magic mushrooms, but since then, a number of cities have moved in a similar direction. More dramatically, in last November's elections, Oregon voted to allow the therapeutic use of psilocybin, the primary active ingredient in those mushrooms (as well as voting to decriminalize the possession of all drugs) and Washington, DC, voted to effectively decriminalize "natural entheogens" by making them the lowest law enforcement priority.

Psilocbye mexicana. A magic mushroom. (Creative Commons)
This year, psychedelic reform is making its way to statehouses around the country -- and it has already scored its first victory in New Jersey (see below). Spurred by the potential of psychedelics in treating mental health disorders as well as by the dawning recognition that these drugs are just not that dangerous, and just possibly the racial and class composition of psychedelic aficionados, the movement to end the war on psychedelics is buzzing like never before.

The movement is not without controversy even among drug reformers, with some decrying "psychedelic exceptionalism" and demanding the decriminalization of all drugs, and others wondering why natural psychedelics like psilocybin should be treated differently from synthetic ones like LSD, but those debates are for another article. Here, we simply marvel at the rapid movement on the psychedelic front as we review what is popping up in the state legislatures.

And here is what is going on (with a big tip of the hat to Marijuana Moment, which provides a list of marijuana, psychedelic, and other drug reform bills to its paying subscribers):

California -- Psychedelic Decriminalization

Sen. Scott Weiner (D-San Francisco) and three cosponsors have filed Senate Bill 519, which would make it legal for persons 21 and over to possess and share psilocybin and psilocyin, DMT, ibogaine, mescaline, LSD, ketamine, and MDMA. The bill would also mandate that the Department of Public Health create a working group to make recommendations to the legislature on the regulation and therapeutic use of these substances. The bill has been referred to the Public Safety and Health committees and is set for a hearing on April 6.

Connecticut -- Psilocybin Health Benefits Study

Rep. Josh Elliott (D-Hamden) and five cosponsors have filed HB 06296, which would create a task force to study the health benefits of psilocybin. The measure has been before the Joint Committee on Public Health since January 29.

Florida -- Therapeutic Psilocbyin

Reps. Mike Grieco (D-Miami-Dade) and Nick Duran (D-Miami-Dade) have filed HO549, which would create a path for the use of psilocybin as a mental health treatment by establishing a Psilocybin Advisory Board and ordering the Health Department to adopt rules and regulations and exceptions for the therapeutic administration of psilocybin. The bill would also make psilocybin possession offenses the lowest law enforcement priority. It is now in the Professions and Public Health Services Subcommittee of the Health and Human Services Committee, and has also been referred to two more subcommittees.

Iowa -- Therapeutic Psilocybin

Rep. Jeff Shipley (R-Birmingham) has filed House File 636, which would create the Psilocybin Services Act with the Department of Public Health in charge of developing rules and regulations allowing for the therapeutic administration of psilocybin. The bill envisions licensed psilocybin service centers, psilocybin service facilitators, and psilocybin testing laboratories. It is currently before the Senate Public Safety Committee. The bill is a fallback for Shipley, whose earlier House File 459, which would have simply decriminalized psilocybin and psilocyin, has already been killed in subcommittee.

New Jersey -- Reducing Psilocybin Penalties

Senator Nick Scutari (D-Linden) filed S3256, which lessens the penalty for the possession of any amount of psilocybin from a third degree misdemeanor to a disorderly persons offense punishable by up to six months in jail and/or a $1,000 fine. The bill passed both the Assembly and the Senate and was signed into law by Gov. Phil Murphy (D) in February.

New York -- Psilocybin Decriminalization

Rep. Linda Rosenthal (D-Manhattan) has filed AO6065, which would decriminalize psilocybin and psilocin by deleting them from the state's register of controlled substances. The bill was referred to the Assembly Health Committee on March 8.

Texas -- Therapeutic Study

State Rep. Steve Dominguez (D-Brownsville) has filed House Bill 1802, which calls for a study by the Health Department and the Texas Medical Board of the therapeutic efficacy of alternative therapies including MDMA, psilocybin, and ketamine for the treatment of mental health and other medical conditions, including chronic pain and migraines. The bill was referred to the House Public Health Committee on March 11.

Vermont -- Natural Psychedelic Decriminalization

Rep. Brian Cina (D) and nine cosponsors have filed H0309, which would decriminalize the possession of ayahuasca, DMT, ibogaine, peyote, and psilocybin and psilocin and "any plants or fungi containing the substances" by removing them from the state's schedule of regulated drugs. The bill has been in the Committee on the Judiciary since February.

We will have to check back on this once the legislators have gone home.

Book Review: How to Regulate Stimulants

How to Regulate Stimulants: A Practical Guide by Steve Rolles, Harvey Slade, and James Nicholls (2020, Transform Drug Policy Foundation, 304 pp., $20 PB)

Marijuana is now legal, taxed and regulated in 15 states, with most of the Northeast likely to join them next year. The movement for psychedelic liberation is flexing its muscles. Oregon just voted to decriminalize the possession of personal use amounts of all drugs. Brick by brick the wall of drug prohibition is crumbling in the United States.

And now, the good folks at Britain's Transform Drug Policy Foundation are out with a how-to guide for turning that wall into nothing more than a pile of bricks. When it comes to attacking prohibition, marijuana and psychedelics are the low-hanging fruit -- it's easier for members of the public to consider that the harms attributed to their potential abuse or misuse may be far outweighed by the harms of prohibiting them -- but with stimulants such as meth, Ecstasy, and cocaine, the case for prohibition is more popular because the potential harms of their abuse or misuse are much greater.

Still, Steve Rolles and his coauthors make a strong, thoughtful case for dealing with these drugs as we do other non-banned psychoactive substances: Regulating and offering them to consumers with restrictions based on the degree of risk involved. Caffeine is a stimulant, but one with low risk levels for users and society. It is subject only to the regulations of normal commerce -- quality control, informational packaging, and the like.

Coca leaf, coca tea, and oral coca products (lozenges, hard candies, pouches) have a similar risk profile to caffeine -- that is, not much. But both international and US law fail to differentiate between such products with low levels of the cocaine alkaloid and cocaine itself. A regulatory regime based on reason and science would treat coca tea like coffee, not cocaine. But that doesn't mean cocaine would be prohibited.

Indeed, Rolles et al. explicitly differentiate between different forms of stimulants to create a three-tiered regulatory system based not only on science, public health, human rights, but also recognizing the need to prevent corporate takeover and promote social equity. The first tier is the tier of coca tea and coffee.

The second tier, that of medium risk drugs in their typology, produces what they call their "standard model" for dealing with stimulants. Included here are MDMA pills, amphetamine pills (or meth pills -- Desoxyn, anyone?), and cocaine powder. For this tier, they recommend pharmacy-style retail sales at state-owned shops where specially trained druggists dispense not only the dope but also targeted harm reduction information.

And they recommend rationing of these substances, either by purchase amount limits or by means of licensing requirements. The idea is to limit harm by restricting access to these particularly binge-inducing drugs. Rationing is what we do with legal marijuana by restricting purchases, typical to one ounce per day. We don't do that with alcohol, however; you can walk in and buy multiple kegs of beer or cases of hard liquor and no one bats an eye.

Purchase limits -- say one gram of 70% pure powder cocaine per month -- would probably work for most cocaine consumers, who use it recreationally and infrequently. But it wouldn't work for the party host who wants to supply his guests, and more importantly, it wouldn't suffice for the needs of serious drug users, who make up a huge percentage of the sales of any drug.

If the object is to take drug consumers out of the illicit market, rationing is going to have to be flexible enough to address their needs and demands. The authors suggest a tiered system that would allow larger purchases contingent on periodic brief discussions of risks and harm reduction with trained pharmacy vendors.

When it comes to the hardest forms of stimulants, such as injectable meth or cocaine or smokable meth or crack, the model shifts from regulatory retail to harm reduction. The authors advocates measures such as supervised consumption sites and harm reduction kits for crack users. They envision no retail sales of drugs in such forms, but also no criminalization of their users. That might leave users to get their goodies in the black market (or get creative with less harmful forms of the drug, such as converting cocaine powder into crack at home), which could undercut one of the primary rationales for regulation: killing off the illicit market.

But instead of sticks, Rolles et al. offer carrots. Perhaps hardcore tweakers and cokeheads can be induced into using less harmful forms of their drugs of choice, switching from shooting meth to eating oral amphetamines or being offered less-potent powder cocaine formulations with a price incentive. Not discussed is whether users of tier three substances would have some way of obtaining a regulated supply of them through a medical or other non-sales framework.

Regulating stimulant drugs is tricky, with all sorts of different considerations to undertake. But we have a freedom interest, a social justice interest, and a public health interest in moving away from coercive drug prohibition. The Transform Drug Policy Foundation shows us some of the possible paths and is acutely aware of the intricacies of the task. This is very useful stuff. We should all probably send copies of this book to our state and federal elected officials, but not wait for them before starting down the path ourselves.

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