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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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United States

These Six States Could Legalize Marijuana on Election Day [FEATURE]

It is just a little over two months until Election Day, and the picture around marijuana legalization in the states is becoming clear. Six states—Arkansas, Maryland, Missouri, North Dakota, Oklahoma, and South Dakota—have seen initiative campaigns came up with sufficient signatures to qualify for the ballot, and if all of them succeed, that would bring the number of states where marijuana is legal to 25—half the states in the country.

But a couple of those states should come with asterisks: The Arkansas initiative will be voted on, but the votes may not count as the state Supreme Court weighs whether to uphold the state election commission's decision not to certify the ballot title and popular names on the grounds that they are "misleading." And the Oklahoma initiative may be pushed back to a later special election or the next general election after delays in signature counting by a state contractor left it unable to be certified by the official deadline for the November ballot. The state Supreme Court is currently considering whether to allow the initiative onto the ballot.

The Missouri initiative is also facing a legal challenge from prohibitionists, but that initiative is still on the ballot at this point, so no asterisk here.

Those caveats aside, here is a rundown of the legalization initiatives in the six states that could free the weed in November:

Arkansas

The Arkansas Adult Use Cannabis Amendment from Responsible Growth Arkansas would legalize the possession of up to an ounce of marijuana by people 21 and over and create a system of licensed marijuana cultivation, processing, distribution, and retail sales. It would also allow existing medical marijuana infrastructure (dispensaries, grow operations, etc.) to be integrated into the new adult use market. The Arkansas Beverage Control Board would be the regulatory agency.

Retail sales would face normal sales taxes plus an additional 10 percent tax. Fifteen percent of tax revenues would go to law enforcement, 10 percent to the University of Arkansas for Medical Sciences, five percent to fund drug courts, and the remainder to go into the general fund. There are no provisions for home cultivation or to promote social equity, although there is language deferring a criminal background check for people owning less than five percent of a marijuana business.

The most recent poll, from February, had support for legalization at 53.5%. That is a majority, but not a comfortable one.

Maryland

Question 4 would amend the state constitution by adding an article that allows people 21 and over to use and possess marijuana and providing that the General Assembly "shall provide for the use, distribution, possession, regulation and taxation of cannabis within the state."

This is an amendment that came not from the people but from the legislature, which passed it as House Bill 1 in April. The legislature that same month also passed implementing legislation to go into effect if the measure passes. The legislation, House Bill 837, which would set legal possession limits at 1.5 ounces and allow for the home cultivation of two plants. The bill would also automatically expunge convictions for conduct that would be legal if the measure passes.

The amendment contains no language about regulation or taxation. That will be left up to the legislature.

A March poll had support for legalization at a healthy 62 percent.

Missouri

Sponsored by Legalize Missouri 2022, Amendment 3 would allow people 21 and over to possess up to three ounces of marijuana and grow up to six flowering plants, as well as six immature plants and six clones. The measure also provides for the automatic expungement of nonviolent marijuana-related offenses.

The initiative also "seeks to broaden industry participation by small business owners and among disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans, and those previously convicted of nonviolent marijuana offenses," according to Legalize Missouri 2022.

The initiative would tax retail sales at 6 percent, with localities allowed to add a 3 percent sales tax. It also gives cities and counties the option of disallowing retail sales via a popular vote.

It would also allow existing medical marijuana operations to seek recreational sales licenses beginning December 8, with regulators allowed up to 60 days to approve them, giving them an effective head-start on newcomer competitors.

The measure had drawn organized opposition from within the cannabis community, with critics saying it does not do enough to promote social equity, that it favors existing operators, and that because it is a constitutional amendment, the legislature would have little say. Still, despite the dissension, a July poll has support for legalization at a healthy 62 percent.  

North Dakota

Sponsored by New Approach North Dakota, Initiated Statutory Measure No. 1 would allow people 21 and over to possess up to an ounce of marijuana, four grams of concentrates and infused products, and grow up to three plants at home, but not to consume it in public.

The measure includes specific child custody protections for parents who use marijuana in accord with state law, but employers could continue to prohibit marijuana use and there is no provision for expungement. New Approach North Dakota says it intends to address that in the legislature next year. The measure would also allow cities and counties to opt out of allowing marijuana businesses.

The initiative also creates a regulatory framework for commercial production and sales of marijuana with the Department of Health and Human Services (or a different agency designated by the legislature) developing rules and regulations and overseeing licensing of marijuana businesses. Regulators would have until October 1, 2023, to come up with rules for advertising, labeling, packaging, security, and testing standards.

There would be no new tax for marijuana, but the state's 5 percent retail sales tax would apply to marijuana sales. Those tax revenues are not designated for any particular fund. Commercial cultivators would have to pay an annual $110,000 registration fee and retailers would have to pay an annual $90,000 fee.

The number of retailers would be limited to 18 and the number of grow facilities limited to seven. In a bid to reduce monopolistic tendencies in the industry, no one person or entity could own more than one grow facility or four retail stores.

Just four years ago, state voters rejected a marijuana legalization initiative by a margin of 59 percent to 41 percent, but that was a more wide-open measure. There is no recent polling data for this measure.

Oklahoma

 State Question 820 would legalize the possession, transport, and distribution of up to an ounce of marijuana, eight grams of concentrate, or eight grams of marijuana-infused products for people 21 and over. People would be allowed to grow up to six mature plants and six seedlings.

The Oklahoma Medical Marijuana Authority would be the regulatory agency for legal marijuana commerce, and retail marijuana sales would be taxed at 15 percent. Tax proceeds would go to the general fund (30 percent), public school programs (30 percent), drug treatment and overdose prevention programs (20 percent), the judicial revolving fund (10 percent), and municipalities or counties where marijuana is sold (10 percent).

The measure also would create a process for people to seek expungement of certain marijuana-related conviction or modification of sentences currently being served.

There is no recent polling on SQ 820.

South Dakota 

Two years ago, voters approved a marijuana legalization initiative with 54 percent of the vote, only to see it thrown out in the state Supreme Court for violating the state's one-subject rule for initiatives. (It legalized marijuana and contained tax and regulatory provisions). Initiated Measure 27 seeks to get past that hurdle by not establishing a tax or regulatory structure for commercial sales. Instead, it would those issues for the legislature to decide.

It would legalize the possession, transport, and distribution of up to an ounce of marijuana by people 21 and over. It would also legalize the home cultivation of up to three plants—but only in localities where there is no retail marijuana outlet, and there will not be any retail marijuana outlets unless and until the legislature acts to allow them.

An August poll had the initiative failing with only 44 percent of the vote, but that poll may be a fluke. It had support in the state's most liberal and populous region, the Sioux Falls metro area at only 38.6 percent. But in 2020, the Sioux falls metro area state Senate districts all reported at least 57 percent approval for legalization and one had the highest support of any district in the state at 72.7 percent. Maybe there has been a radical shift away from supporting legalization in two years, but most likely not.

As in the other five states, the real test comes on November 8.

Medical Marijuana Update

Nebraska medical marijuana initiative campaigners make a last gasp effort to get on the November ballot, and more.

Florida

Florida Sets Limits on Medical Marijuana Dosage, Supply. State health officials have released a rule setting THC dosage amounts and supply limits on medical marijuana products. The emergency rule sets a 70-day cap of 24,500 milligrams of THC for non-smokable marijuana. It also sets dosage caps for other forms of ingestion, such as edibles, inhalation, and tinctures. The rule additionally caps purchases of smokable marijuana at 2.5 ounces over a 35-day period. It also creates a process for doctors to seek an exemption to quantity limits for patients they believe need to exceed those limits.

Nebraska

Nebraska Secretary of State Agrees to Review More Signatures After Medical Marijuana Initiative Comes Up Short. There is still a tiny sliver of hope for backers of a pair of medical marijuana initiatives who came up short on signatures after Secretary of State Bob Evnen (R) agreed Thursday to review some signatures that were not reviewed earlier. Nebraskans for Medical Marijuana asked for the review after analyzing information about the signature checking process. The campaign was about 10,000 signatures short in the initial count. It also fell short on meeting requirements that it reach a 5 percent threshold of signatures in 38 of the states 93 counties. Signature verification must be completed by September 16 in order for the initiative to make the November ballot.

CA Bill to Protect Workers' Off-Duty Marijuana Use Passes, OK Supreme Court to Decide If Legal Pot Initative Makes Ballot, More... (8/31/22)

Workers' rights to use marijuana off duty are in the news, a Missouri marijuana legalization campaign draws organized opposition from within the cannabis community, and more.

Marijuana Policy

California Bill to Protect Workers from Firing for Off-Duty Marijuana Use Heads to Governor's Desk. A bill that would provide broad employment protections for workers who use marijuana off the job, Assembly Bill 2811, has been approved by the legislature, easily winning a final concurrence vote in the Assembly late last week. The bill would "make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person" solely because of off-duty marijuana use. The bill would also bar employees from demanding that workers or potential hires undergo marijuana testing, with exceptions for federal employees and some safety-sensitive positions. The bill now heads to the desk of Gov. Gavin Newsom (D).

Missouri Marijuana Legalization Initiative Draws Organized Opposition—from Within the Cannabis Community. The marijuana legalization initiative from Legal Missouri 2022 has drawn its first organized opposition, and those foes are coming from within the Kansas City cannabis community and allied lawmakers. The critics say the initiative does not offer social equity provisions and that by legalizing marijuana through a constitutional amendment, it removes legislators from the process and prevents legislative oversight. Members of the Impactful Canna Reform Coalition include state Rep. Ashley Bland Manlove (D-Kansas City), a pair of Kansas City medical marijuana businesses, a cooking and catering business, a holistic wellness company, an herbal remedy company, and Kansas City-based community organizers. "The capitalism monster loves to exploit you, and that is what’s happening with this petition," Bland Manlove said in a statement. "Myself and like-minded community partners realized people from politicians to Bob on the street didn’t know the details. We want to make it known."

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct. The state's highest court has ruled that a casino employee who was fired after he was injured on the job and then tested positive for marijuana does not any legal recourse. Under state law, workers cannot be punished for the "lawful use" of products while not on duty, but the Supreme Court held that because marijuana remains illegal under federal law, its use is not "lawful," and the employee is therefore not protected. The case is Ceballos v. NP Palace LLC.

Oklahoma Supreme Court Agrees to Consider Whether Marijuana Legalization Initiative Should Be on November Ballot. Organizers behind the State Question 820 marijuana legalization initiative handed in sufficient signatures to meet state requirements, but the initiative still might be kept off the ballot because, for the first time, the state used a private contractor to count signatures and that contractor slow-walked the signature counting process so long that the statutory deadline to put the question on the ballot passed last week. The count, which normally takes two or three weeks, took seven weeks this time, and now, proponents have asked the state Supreme Court to intervene. On Tuesday, the Supreme Court agreed to take up the issue. If it rules against the initiative campaign, the measure would then go before voters either in a later special election called by the governor or on the November 2024 ballot.

CA Governor Signs Fentanyl Test Strip Bill, FL Sets MedMJ Rules, More... (9/30/22)

Residents of La Paz, Bolivia, are growing weary of coca grower clashes, Colombia's new president calls for a regional assembly to plot alternatives to the war on drugs, and more.

Colombian President Gustavo Petro at the Andean Presidential Council in Lima Monday. (Presidency of the Republic, Peru)
Medical Marijuana

Florida Sets Limits on Medical Marijuana Dosage, Supply. State health officials have released a rule setting THC dosage amounts and supply limits on medical marijuana products. The emergency rule sets a 70-day cap of 24,500 milligrams of THC for non-smokable marijuana. It also sets dosage caps for other forms of ingestion, such as edibles, inhalation, and tinctures. The rule additionally caps purchases of smokable marijuana at 2.5 ounces over a 35-day period. It also creates a process for doctors to seek an exemption to quantity limits for patients they believe need to exceed those limits.

Harm Reduction

California Governor Signs Bill Decriminalizing Fentanyl Test Strips. Gov. Gavin Newsom (D) on Monday signed into law Assembly Bill 1598, which er decriminalizes the possession of fentanyl test strips. The bill from Assemblymember Laurie Davies (R-Laguna Niguel) amends the state's controlled substances law by removing drug testing equipment from its definition of drug paraphernalia. Similar bills have passed in numerous states this year. 

International

Bolivia Coca Conflict Spurs Protests by Residents Tired of Clashes. Activists and residents of the La Paz neighborhoods of Villa El Carmen, Villa Fatima, and Periferica were set to hit the streets to day to demand an end to the coca grower conflict that has disrupted normal life there for nearly the past month. The conflict pits two factions of the Adepcoca coca growers union, one pro-government and one anti-government, against each other and has resulted in weeks of clashes on the streets of the capital, especially around a disputed coca market in Villa El Carmen. Residents were planning to stage protests and erect roadblocks in all three neighborhoods today. They are demanding the government resolve the coca grower dispute.

Colombian President Seeks Regional Assembly to Rethink Drug Policy. At the Andean Presidential Council in Lima on Monday, Colombian President Gustavo Petro called for a regional assembly to come up with alternatives to what he called the "failed" war on drugs. "We have failed in something called the war on drugs and its toll is a million dead Latin Americans, most of them Colombians, and more and more Mexicans and Central Americans," he said. “If we project further forward, we would have another million Latin Americans killed by homicide, millions of Latin Americans and North Americans in prison, most of black race, and there would be 2,800,000 Americans dying of overdoses from something we don't produce: fentanyl," he warned. Instead Petro proposed convening an assembly of Latin American countries to discuss alternative drug policies. In addition to the Colombian president and his Peruvian host, the leaders of two of the world's largest coca and cocaine producing countries, the Lima meeting was also attended by the presidents of Ecuador an Bolivia, the third largest coca and cocaine producer. 

Gallup Poll Has Pot Use at All-Time High, DEA Walks Back Proposed Ban on Two Psychedelics, More... (8/29/22)

A trio of marijuana bills are on the California governor's desk, New York City cocaine users are adopting fentanyl test strips, Colombia's new president announces a coca growers' assembly, and more.

Everybody's doing it. Well, not everybody, but more people than ever. (Creative Commons)
Marijuana Policy

Gallup Poll Finds Marijuana Use at All-Time High. A new Gallup poll has marijuana use at a record high—and for the first time, more Americans reported smoking marijuana than smoking cigarettes. The new poll has 16 percent of respondents smoking marijuana within the past week, up from 12 percent a year ago and more than double the historic low of seven percent. The number of people who reported cigarette smoking in the past week was 11 percent. That's down from 16 percent last year and a whopping 45 percent during cigarette smoking's peak in the 1950s.

California Interstate Marijuana Commerce, Other Pot Bills Go to Governor's Desk. Bills to create a framework for interstate marijuana commerce, streamline expungement for past marijuana convictions, and safeguard companies providing insurance to the legal marijuana industry have all passed out of the legislature and are on the desk of Gov. Gavin Newsom (D). A passel of other marijuana bills are also advancing as the session end approaches. The interstate commerce bill is Senate Bill 1326, the marijuana convictions bill is Assembly Bill 1706, and the insurance bill is Assembly Bill 2568.

Harm Reduction

Fentanyl Test Strips Are ‘Catching On’ Among Cocaine Users. Rising overdoses are prompting some drug users to make testing their stashes for the presence of fentanyl a regular part of their drug-taking ritual. New York City cocaine users say their fear of overdosing on fentanyl-contaminated cocaine has made them wary of using any cocaine that has not been tested. Dozens of bars, clubs, and restaurants in the city are now offering fentanyl test strips as well. A Lower East Side taco restaurant owner said he began stocking the strips this spring after two people he knew died from fentanyl-adulterated cocaine. "It was a no-brainer for us," he said. "When we first put them out, we had customers say, ‘What is that?’ They were like, ‘Let me get one for my friend,’" Mr Tirado said. "It’s catching on."

New Mexico Now Providing Fentanyl Test Strips. Thanks to a change in the state's Harm Reduction Act, state officials are now distributing fentanyl test strips by the thousands. The Department of Health has handed out 15,000 test strips since May and has already ordered another 30,000. At least 1,215 people in the state have died from an overdose involving fentanyl since 2019, but more than 12,000 people have been saved from overdoses by the opioid overdose reversal drug naloxone.

Psychedelics

DEA Walks Back Plan to Ban Two Obscure Psychedelics. The DEA has backed away from plans to place two obscure psychedelics, DOI (dimethoxy-4-iodoamphetamine) and DOC (dimethoxy-4-chloroamphetamine), on Schedule I of the Controlled Substances Act. The retreat came after the proposal encountered strong opposition about psychedelic companies and academic researchers. The Panacea company filed a motion requiring the DEA to respond by today, with the possibility of a public hearing to defend its proposal. Instead, the DEA folded without stating any specific reasons.

International

Colombia President Announces First Assembly of Coca Growers.  President Gustavo Petro announced last Friday that the country's first assembly of coca growers will be held in the Catatumbo region in the northwest of the country. "I propose you to get out of that first place (in hectares of coca) last year and build the peace capital of Colombia. That here in Catatumbo the talks of society can be developed and that somewhere talks can begin to leave the weapons behind and move to the era of peace," he said. "I have admitted the idea of carrying out in Catatumbo the first assembly of coca leaf farmers (…) with one intention: to show this government the ways (…) that allow us to achieve that a peasant family that today is dedicated to coca leaf can substitute this for an activity that guarantees them more quality of life", he explained to local residents. Colombia is the world's largest coca and cocaine producer. 

NY Now Taking Applications for Pot Shops, Bolivia Coca Clashes Continue, More... (8/26/22)

A strike in British Columbia is impacting retail marijuana shops, there is still a sliver of hope for Nebraska's medical marijuana initiataive, and more. 

Will the Cornhusker State get to vote on medical marijuana this year? Stay tuned. (Creative Commons)
Marijuana Policy

New York Starts Taking Applications for Legal Pot Shops. The state began accepting applications Thursday from people wanting to open legal recreational marijuana retail outlets, and it is making a strong social equity statement by reserving the first 150 licenses for people with past marijuana convictions or their family members. It is a "unique strategy that we’re implementing to try to make sure that those most impacted have real opportunity to participate here," state Office of Cannabis Management Executive Director Chris Alexander said. "It's really about writing a wrong," he added. There is not yet a firm date for when the first shops will open their doors. After this initial batch of licenses is issued, more licenses will be issued, with a focus on people of color, women, struggling farmers, disabled veterans and people from communities that endured heavy pot policing. The state is seeking to issue half of all licenses to such applicants.

Medical Marijuana

Nebraska Secretary of State Agrees to Review More Signatures After Medical Marijuana Initiative Comes Up Short. There is still a tiny sliver of hope for backers of a pair of medical marijuana initiatives who came up short on signatures after Secretary of State Bob Evnen (R) agreed Thursday to review some signatures that were not reviewed earlier. Nebraskans for Medical Marijuana asked for the review after analyzing information about the signature checking process. The campaign was about 10,000 signatures short in the initial count. It also fell short on meeting requirements that it reach a 5 percent threshold of signatures in 38 of the states 93 counties. Signature verification must be completed by September 16 in order for the initiative to make the November ballot.

International

Bolivia Coca Grower Conflict Continues to Fester. Clashes among competing groups of coca growers and with police in La Paz continued for a third week Tuesday even as pro-government coca union leader Arnold Alanes, who manages a "parallel market" in coca that is not officially sanctioned, filed a complaint against the leader of the rival coca growers, Freddy Machicado, for "public instigation to commit a crime." Both men claim to be leaders of Departmental Association of Coca Producers (Adepcoca) of La Pa, with Alanes assumed to be the legitimate leader of the union but Machicado leading a bloc that considers itself independent—both of the union leadership and the government.  "We have been victims of harassment, violence and dynamite blows and we are presenting (the complaint) in an emergency, given all the violence we have suffered, Alanes said as he delivered the complaint to the local prosecutor's office. The conflict dates back to last September when Alanes was elected leader of Adepcoca and recognized as such by the government. Some sectors of the union rejected him because of those government ties and took over one of the two legal markets for the sale of coca leaves, so the Alanes faction opened a new market near the traditional one in La Paz. The anti-government faction has been mobilizing this past month to pressure the government to close down Alanes' "parallel market," and that is what has been leading to weekly street clashes.

British Columbia Pot Shops Shutting Down Because of Lack of Supply Due to Unrelated Labor Action. The British Columbia General Employees' Union (BCGEU) has been on strike at government distribution warehouses for the past 10 days, and now the province's 400 retail marijuana outlets are facing shortages, with some of them already shutting their doors. The pot shop chain Burb shuttered stores in Port Coquitlam and Port Moody and lay-offs of pot shop workers have already begun. A provincial initiative to let retailers buy directly from BC producers was supposed to start last week, but did not, and the BC Ministry of Finance have not responded to questions about that initiative. The BCGEU, which represents 33,000 workers, agreed Tuesday to resume bargaining at the request of the province. What it will take to reach a settlement isn’t clear. In the meantime, it's hard times for legal marijuana retailers. 

Oklahoma Legalization Init May Miss November Ballot, San Francisco Could Open Safe Injection Sites, More... (8/24/22)

A bipartisan coalition of senators is demanding justice for another American medical marijuana user imprisoned in Russia, a Nebraska senator vows to file a medical marijuana bill next year after an initiative campaign came up short, and more.

Even though Gov. Newsom (D) vetoed a safe injection site bill, San Francisco may move forward anyway. (Creative Commons)
Marijuana Policy

Oklahoma's Use of Private Vendor to Count Signatures Could Cause Marijuana Legalization Initiative to Miss November Ballot. Yes on 820, the group behind the state's marijuana legalization initiative, is warning that the state's use of a private vendor for the first time to count signatures caused delays that may result in the measure being bumped from the November ballot. The initiative has met the signature threshold to qualify, but the count must now be approved by the state Supreme Court, and after that, a 10-day period for anyone to challenge the signatures. That is running up against a Friday election board deadline, and could keep the initiative off the ballot. "The last petition Oklahomans voted on took 17 days to count 313,000 signatures," Yes on 820 said. "In contrast, we submitted half that amount and it has taken three times as long. This delay means the election board may not receive the green light to print the ballot in time for voters to vote on it in November."

Medical Marijuana

Nebraska State Senator Pledges to Introduce Medical Marijuana Bill After Initiative Campaign Come up Short. After a campaign to put a medical marijuana initiative on the November ballot came up short on signatures, state Sen. Jen Day (D-Gretna) vowed to file a medical marijuana bill in the 2023 legislative session. She said she was also exploring the possibility of calling a special session this fail to take up the issue. "We will exhaust every measure possible to get Nebraskans the medical freedom they deserve and want," Day said. "We know that Nebraskans strongly support this."

Foreign Policy

Bipartisan Senators Demand Justice for Another US Citizen Imprisoned in Russia for Medical Marijuana. A bipartisan coalition of senators have sent a letter to Secretary of State Anthony Blinken calling on the State Department to classify imprisoned US medical marijuana patient Marc Fogel as "wrongfully detained" in Russia, the same status that has been afforded to WNBA basketball player Brittney Griner. "Mr. Fogel's recent 14-year sentence to a maximum-security penal colony for possession of less than an ounce of medical marijuana can only be understood as a political ploy by Vladimir Putin's authoritarian regime," the senators wrote. "Mr. Fogel, a 61-year-old with severe medical conditions, has already been detained for a year. The United States cannot stand by as Mr. Fogel wastes away in a Russian hard labor camp. As the US highlights Griner's unjust detention, Fogel's case "warrants the same degree of political attention and diplomatic intervention," the senators said.

Harm Reduction

San Francisco Could Still Move Ahead with Safe Injection Sites Despite Veto of Bill. Although Gov. Gavin Newsom (D) vetoed a bill to allow safe injection site pilot programs in Los Angeles, Oakland, and San Francisco on Monday, San Francisco City Attorney David Chiu said that he would support a nonprofit opening such a site in the city. "To save lives, I fully support a non-profit moving forward now with New York's model of overdose prevention programs," Chiu said in the statement. New York City has a nonprofit group running two safe injection sites. Two city nonprofits, HealthRight360 and the AIDS Foundation, said they are willing to operate sites, but need a location and funding, either from the city or from private donors, as is the case in New York City.

OK Legalization Init Has Enough Signatures, CA Governor Vetoes Safe Injection Sites, More... (8/23/22)

Prohibitionists file a legal challenge to a Missouri legalization initiative, a Nebraska medical marijuana initiative signature-gathering campaign comes up short, and more.

Marijuana is going to be on the ballot in a number of states, but it is not all set yet. (Creative Commons)
Marijuana Policy

Missouri Marijuana Legalization Initiative Hit by Legal Challenge from Prohibitionists. The Colorado-based Protect Our Kids PAC, a marijuana prohibitionist group, filed a lawsuit Monday against Legal Missouri's marijuana legalization initiative, which qualified for the ballot last week. The lawsuit charges that the initiative violates the state constitution's single-subject rule. It also argues that the initiative did not really collect enough signatures to qualify and that the state wrongly certified the measure. The lawsuit was filed by a staff member of the Community Anti-Drug Coalitions of America (CADCA), but on behalf of the Colorado-based Protect Our Kids PAC. It was filed on the last day of the 10-day window to file challenges. A similar legal challenge to a legalization initiative is already underway in Arkansas.

Oklahoma Marijuana Legalization Initiative Has Enough Signatures to Make Ballot, But Hurdles Remain. The SQ 820 marijuana legalization has been certified as having collected enough signatures to qualify for the November ballot, but hurdles remain before it becomes official. The state Supreme Court still has to approve the signatures and if and when that happens, the secretary of state will put out a notice that opponents then have 10 days to challenge the validity of the petition. Those two things need to be accomplished by the end of September or the measure will not make the November ballot. If it doesn't make the November ballot, voters will take it up at a later election.

Medical Marijuana

Nebraska Medical Marijuana Initiatives Campaign Comes Up Short on Signatures. An initiative to legalize medical marijuana in the state will not go before voters in November because cash-strapped activists came up short on valid voter signatures. Activists had hoped to put a complementary pair of initiatives on the ballot, but the campaign came up short both on the statewide number and on the number of counties where a 5 percent of the voters threshold was met. Each initiative needed 87,000 valid voter signatures, but one came up with only 77,843 and the other with 77,119 valid voter signatures. Both needed to get 5 percent of the registered voters in 38 of the state's counties, but one achieved that goal in only 26 counties and the other in 27.

Harm Reduction

California Governor Vetoes Safe Injection Pilot Program Bill. Despite past comments that he was "very open" to allowing safe injection sites to operate in the state, California Gov. Gavin Newsom (D) on Monday vetoed a bill that would do just that, Senate Bill 57. He cited "concerns" about its implementation. In his veto message, Gov. Newsom maintained that he has "long supported the cutting edge of harm reduction strategies," but was "acutely concerned about the operations of safe injection sites without strong, engaged local leadership and well-documented, vetted, and thoughtful operational and sustainability plans."

Newson left open the possibility that he could support similar legislation in the future, saying "We should strive to ensure our innovative efforts are well planned, even when they start as pilots, to help mitigate the potential for unintended impacts. Therefore, I am instructing the Secretary of Health and Human Services to convene city and county officials to discuss minimum standards and best practices for safe and sustainable overdose prevention programs. I remain open to this discussion when those local officials come back to the legislature with recommendations for a truly limited pilot program -- with comprehensive plans for siting, operations, community partnerships, and fiscal sustainability that demonstrate how these programs will be run safely and effectively."

Psychedelic Use Increasing in US, Colombia Looks to Cocaine Decriminalization, More... (8/22/22)

A Swiss pilot program allowing legal marijuana sales will begin in three weeks, Colombia's president plans a drug decrime move, and more.

LSD blotter paper (Creative Commons)
Psychedelics

New Study Estimates Over 5.5 Million US Adults Use Hallucinogens. Hallucinogen use has increased since 2015, overall, and particularly among adults 26 and older, while use decreased in adolescents aged 12 -- 17 years, according to a new study by researchers at Columbia University Mailman School of Public Health and Columbia University Irving Medical Center. An estimated 5.5+ million people in the US used hallucinogens in the past year, in 2019, which represents an increase from 1.7 percent of the population aged 12 years and over, in 2002, to 2.2 percent, in 2019. LSD use between 2002 and 2019 increased overall and in all age groups, with the past 12-month rate increasing from 0.9 percent in 2002 to 4 percent in 2019 for those 18-25 years of age. PCP use between 2002 and 2019 decreased, as did the drug Ecstasy since 2015. The study is the first to provide formal statistical analyses of trends in the prevalence of hallucinogen use overall and by age groups during the last two decades. The findings are published online in the peer-reviewed journal Addiction.

International

Colombia's New President Set to Move on Cocaine Decriminalization. The government of new President Gustavo Petro is now proposing an end to "prohibition" and the beginning of a government-regulated cocaine market. Working through both national legislation and alliances with other leftist governments in the region, the Petro government hopes to make the country a laboratory for drug decriminalization. Felipe Tascón, Petro's drug czar, said Colombia hoped to take advantage of the new regional power configuration, where leftists control the governments of the trio of cocaine producing countries (Bolivia, Colombia, Peru) and plans to meet with his regional counterparts on the issue with an eye toward forging a unified regional bloc to take on the international drug conventions at the United Nations. Tascón also said the administration would back legislation to decriminalize both cocaine and marijuana, as well as ending aerial spraying and manual eradication of coca crops. He said that regulating cocaine sales would allow the government to wrest control of the market from drug traffickers and armed groups.

Swiss Pilot Project on Regulated Marijuana Sales Begins Next Month. A pilot project that will see marijuana sold through pharmacies to some 370 study participants is set to begin September 15. The "Weed Care" program will allow participants to legally buy marijuana from nine shops in Basel. Health officials hope the trial will help address political questions about marijuana regulation. Study participants are all current marijuana users who must fill out surveys throughout the 30-month study. "It's not about full legalization -- but regulation -- where consumption is possible in a protected setting. That's what we want to test now," said Lukas Engelberger, medical director for Basel.

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