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OH Governor Opposes Legalization Initiative, Seattle City Council Balks at New Drug Bill, More... (8/18/23)

Minnesota regulators provide some hints on what it is going to take to get legalization up and running, four people busted after an informant planted drugs on them are suing a Texas sheriff, and more.

Ohio Gov. Mike DeWine is no friend of marijuana legalization. (ohio.gov)
Marijuana Policy

Minnesota Regulators Lay Out Roadmap for Implementing Marijuana Legalization. At an information meeting Wednesday night, officials with the Office of Cannabis Management (OCM) laid out the long process of implementing the state's decision to legalize marijuana, including an update on the search for an OCM director, as well as outlining an array of issues still to be decided through an expedited rulemaking process.

'This is really a unique opportunity for us to assess the business needs, to evaluate the authorities that the legislature and the governor have given to the Office of Cannabis Management and then to meet those business needs in a way that really helps us ensure the success of the cannabis industry in Minnesota,' Charlene Briner, OCM's implementation director, said at the meeting.

Although legalization took effect earlier this month, meaning possession and home cultivation is now legal, officials said it could be close to two years before the state sees its first licensed retailers. (An exception is retail outlets on Native American reservations; at least two pot shops are already open on Native American land.)

Among the tasks to be completed before sales can begin are setting up OCM governance, filling the 51 seats on the Cannabis Advisory Council, consulting with the public, and crafting rules to guide the new industry.

"This is really an all-hands-on-deck endeavor," Briner said. "There is a tremendous hunger for information about what this will look like, about how we're going to go about rulemaking," she said. "We're trying to be very proactive, as much as possible, to provide external communications."

Ohio GOP Governor Opposes Marijuana Legalization Initiative. Gov. Mike DeWine (R) has come out unequivocally against the marijuana legalization initiative sponsored by the Coalition to Regulate Marijuana Like Alcohol. The measure will go before voters in November.

The measure would allow people 21 and over to possess up to 2.5 ounces of pot and grow up to six plants, as well as setting up a system of taxed and regulated legal marijuana commerce.

"I think it would be a real mistake for us to have recreational marijuana," DeWine said.

DeWine said that he visited Colorado shortly after that state made recreational marijuana legal. "I went out there and talked to the people at the children's hospital, law enforcement and to people in business. It is an unmitigated disaster," he claimed. "I would just ask people to look what's happened in other states and see if we really want to bring that to Ohio."

The 76-year-old governor also warned that today's marijuana "is not your grandparents' marijuana; it's much more potent."

DeWine's comments drew a quick retort from Tom Haren, a spokesman for the legalization campaign.

"I'll tell you why it's not your grandfather's marijuana: your grandfather's marijuana wasn't tested in a pharmaceutical-grade testing lab. It wasn't produced in a GMP (Good Manufacturing Practice) quality cultivation facility, right? It wasn't subject to a statewide rigorous regulatory framework."

As for the Colorado "disaster," Haren said: "The governor must not have spoken to anybody from Colorado recently, because what I can tell you is their program is a huge success."

Drug Policy

Seattle City Council Votes Down Effort to Fast-Track Law Empowering City Attorney to Prosecute Drug Users. The city council Tuesday night narrowly rejected a proposal to fast-track a municipal ordinance that would have allowed the city attorney to prosecute people for drug possession and public use. The council instead voted to have the bill go through the regular committee process, meaning that any action will be delayed until after the August recess.

The latest version of the bill says that in the future police will adopt alternative to arrest such as diversion and treatment as "the preferred approach" to drug possession and public drug use, but that is not good enough for some council members. They argue that the language does not require diversion, does not fund alternatives to arrest, or provide examples of when diversion would be appropriate.

"It seems important that the resources be sufficiently invested into the alternative strategies so that people are not being given a false promise that there will be a diversion strategy, [but] we don't have those resources," said Councilmember Teresa Mosqueda said. "And where will that funding come from?"

Law Enforcement

Texas Sheriff's Office Sued by Victims of Drug-Planting Informant. Four people who were sent to prison based on drugs planted by an informant are now suing Bexar County (San Antonio) Sheriff Javier Salazar and two deputies, Ferman Guzman and Alex Uriegas, who did not properly vet the informant.

In July 2021, the Bexar County District Attorney's Office admitted that drugs had been planted in the four cases. The informant in the cases was supposed to share information about drug cases with law enforcement and prosecutors, but instead he just framed people.

Two of the four served two years in prison before being released in 2020 while a third died in jail before his innocence could be vindicated.

The plaintiffs are suing over the unlawful entry and search of the home, seizure of property, unlawful arrest, false imprisonment, and official oppression in violation of the Fourth and Fourteenth Amendments of the Constitution.

OH to Vote on Marijuana Legalization in November, CA Natural Psychedelic Bill Advances, More... (8/17/23)

Oregon's governor has vetoed a bill that would have moved toward a state bank to serve marijuana businesses, a coalition of public health and drug reform groups calls out the way some of the opioid settlement money is being spent, and more.

Marijuana Policy

Ohio Will Vote on Marijuana Legalization in November. The Secretary of State's Office announced Wednesday that the Coalition to Regulate Marijuana Like Alcohol had gathered sufficient valid voter signatures to qualify its marijuana legalization initiative for the November ballot. The group had originally come up short on signatures but used a 10-day window to find more signatures to go over the top.

The proposal would legalize the possession of up to 2.5 ounces of marijuana or 15 grams of extract by adults. It would also legalize the home cultivation of up to 12 plants. It also envisages a taxed and regulated market in legal marijuana, with retail pot sales taxed at 10 percent.

Nearly six in 10 state voters support marijuana legalization. If it passes in November, Ohio will become the 24th state to free the weed.

Oregon Governor Vetoes Bill to Create State Bank for Marijuana Businesses. Gov. Tina Kotek (D) has vetoed House Bill 2673, which would have created a State Bank Public Task Force as the first step in an effort to create a state-owned bank to help the state's legal marijuana industry. As in other states, the industry is blocked from accessing most financial institutions because marijuana remains illegal under federal law.

The bill would have directed the task force to make recommendations regarding the establishment of a state bank and directed the task force to investigate the provision of financial services for marijuana businesses.

In her veto message, Kotek wrote only that: "While the Governor supports exploring the creation of a state bank, this bill has several logistical challenges, including directing the Oregon Business Development Department (OBDD), which already manages over 80 programs, to manage a new task force, establish an RFP process, and finalize a substantive report on an abbreviated timeline."

Drug Policy

Organizations Oppose "Problematic" Use of Opioid Settlement Money, Want "Evidence-Based" Solutions. A coalition of more than 130 public health and reform groups is charging that the ways some states are using funds from massive settlements with opioid manufacturers and distributors are "problematic" and is demanding that states use the settlement funds for "evidence-based solutions."

The coalition, which includes the Drug Policy Alliance and AIDS United, wants the funds to be used for easing access to all FDA-approved medications for addiction treatment (methadone, buprenorphine) and the whole panoply of harm reduction measures, including safe injection sites. They also call for expanding housing, outreach, and wraparound services for current drug users and people with drug convictions, and supporting second-chance employment opportunities, recovery-to-work programs, and expungement of criminal records.

"Secured through the suffering of people who use drugs and their loved ones, these funds should be used to help individuals directly impacted by the failed 'War on Drugs,'" according to a brief from the organizations. "Sadly, in many places, people are not seeing opioid settlement dollars put toward things that would actually improve their lives."

Based on the drug companies' role in the opioid addiction crisis of the past quarter-century, the settlements are estimated to amount to at least $50 billion over the next 18 years and require recipients to spend at least 85 percent of the funds to "abate the opioid epidemic." But the coalition points to a program in Louisian where 20 percent of the funding is going to sheriffs, one in Wyoming that is buying new police cruisers, and one in New York that is paying overtime for narcs as evidence that the terms of the settlement are not always being followed.

Psychedelics

California Natural Psychedelic Legalization Bill One Step Closer to Final Assembly Committee Vote. A bill that would legalize the possession and facilitated use of certain natural psychedelics is one step closer to a final Assembly committee vote after clearing a procedural hurdle Wednesday. The bill, Senate Bill 58, has already passed the upper house.

The Assembly Appropriations Committee advanced the measure to its suspense file, meaning it is set for final action to see whether it advances to the floor. That decision should come by September 1.

The bill would legalize the "possession, preparation, obtaining, transfer, as specified, or transportation of" specific amounts of psilocybin, psilocyn, DMT, ibogaine and mescaline for personal or facilitated use. The bill would legalize up to two grams of DMT, psilocybin, and psilocyn, as well as up to four ounces of "a plant or fungi containing psilocybin or psilocyn. It would also legalize the possession of up to 15 grams of ibogaine.

German Cabinet Okays Scaled-Back Legal Weed Bill, AL MedMJ Licensing Blocked, More... (8/16/23)

Marijuana legalization is stalled in the US Virgin Islands, the Thai cabinet approves a pilot program of medicinal opium and magic mushroom cultivation, and more.

Marijuana Policy

US Virgin Islands Marijuana Legalization Stalls. Gov. Albert Bryan, Jr. signed a marijuana legalization bill into law in January, but seven months later, progress is stalled. The Office of Cannabis Regulations does not have the money to hire staff, the Cannabis Advisory Board lacks enough members to constitute a quorum, and the legalization law itself needs to go back to the legislature to address flaws that have emerged since it passed.

As a result: "For the average individual, use of the product in a legal way, currently, really doesn't exist," said board Chairwoman Dr. Catherine Kean.

The board last met in public 11 months ago and was preparing to approve rules for medical marijuana, which had been approved in 2019, when it abandoned the process in anticipation of the new law legalizing recreational and sacramental use by people 21 and over.

"The course that we had been on was completely changed. It meant that all the rules and regs that we had and were about to launch and move into the portion where we put out RFPs, or requests for proposals for contractors to assist with licensing and testing," Kean explained. "So, we're essentially put back to the drawing board. That meant that legal counsel had to review the bill, as did all of us. We had to review the bill, we had to go back to our legal counsel, have our legal counsel come up with new rules and regulations for the new adult recreational bill, so that was a very lengthy, time-consuming process," Kean said.

While the government has made efforts to remind citizens that marijuana remains illegal, the grey market is thriving and marijuana is widely available for sale throughout the territory.

Medical Marijuana

Alabama Company Asks Judge to Block Medical Marijuana Licenses. A company that failed to win a medical marijuana license asked a judge Tuesday to block the state from issuing licenses to anyone. The company argued that a state commission improperly deliberated behind closed doors before choosing winners of the lucrative licenses.

Last week, the Alabama Medical Cannabis Commission nominated and approved companies after meeting in private for several hours. Alabama Always, a company that was not among the winners, said the commission violated the Open Meetings Act, and is seeking a temporary restraining order to block the licenses from being issued.

The company claimed commissioners "retreated into executive session, only to emerge three and a half hours later and ratify a slate of applicants that it had voted on during executive session."

The commission, though, said that while commissioners met in private to receive information about license applicants, it did not deliberate in private.

Now, the court will sort it out. In the meantime, Alabama patients are left out in the cold.

International

German Cabinet Approves Scaled-Back Marijuana Legalization. The cabinet on Wednesday approved a scaled-back plan to legalize the personal use of marijuana by allowing adults to possess up to 25 grams of the drugs. They can also grow up to three plants for private use or participate in a co-op or collective that can have up to 500 members. The law will be evaluated after four years.

The legislation, which is expected to approved by lawmakers before year's end, marks "a turning point in an unfortunately failed cannabis drug policy," Health Minister Karl Lauterbach said.

The German government initially proposed a broader legalization complete with commercial sales, but ran into obstacles with the European Union and dropped commercial legalization -- for now. It now says it will consider a pilot program of commercial sales some time in the future.

Thai Cabinet Approves Medicinal Trials of Opium and Magic Mushrooms. The cabinet has approved a royal draft decree to allow the cultivation of opium and magic mushrooms for medicinal use on a trial basis.

The Justice Ministry presented the proposal, which also has the support of key government bodies including the Higher Education, Science, Research and Innovation Ministry, Interior Ministry, Office of the National Economic and Social Development Council, and the Royal Thai Police.

Under the pilot project, the International Narcotics Control College will grow opium, while the Government Pharmaceutical Organization will extract morphine from the poppies in a bid to reduce dependence on foreign opiate medication supplies.

The decree also aims to enable the growth of magic mushrooms in designated universities and educational institutions across four regions of Thailand. The aim is to create anti-depressant drugs from psilocybin.

Ramaswamy Talks Drug Decriminalization, SD 2024 Legal Pot Initiative Coming, More... (8/15/23)

The National Governors Association has a plan for dealing with drug overdoses, Peru and the US have renewed an agreement to force down drug smuggling aircraft, and more.

GOP presidential contender Vivek Ramaswamy breaks with Republican orthodoxy on drug policy. (CC -- Gage Skidmore)
Marijuana Policy

South Dakota Activists to Try Again with 2024 Marijuana Legalization Initiative. Local activists are hoping the third time is the charm when it comes to legalizing marijuana possession in the state. A 2020 legalization initiative was approved by voters only to be shot down by a state Supreme Court acting at the behest of Gov. Kristi Noem (R) and her political allies, and a 2022 legalization initiative was narrowly defeated at the polls.

Now, South Dakotans for Better Marijuana Laws has filed initial papers for a 2024 legalization initiative. This measure would legalize the possession of up to two ounces by people 21 and over and allow for the home cultivation of up to six plants. The initial draft contains no mention of taxed and regulated marijuana commerce.

The public now has until August 21 to comment on the draft. Once state authorities have okayed petitions for circulation, supporters will need 17,509 valid voter signatures by May 7, 2024 to qualify for the 2024 ballot.

Drug Policy

National Governors Association Releases Roadmap for Tackling Drug Overdose Epidemic. The National Governors Association (NGA) released a roadmap to help support Governors and state officials in developing policy solutions to address unprecedented opioid overdose rates. Titled Implementing Best Practices Across the Continuum of Care to Prevent Overdose, the roadmap outlines concrete solutions across the full spectrum of health services: foundations, prevention, harm reduction, treatment, and recovery.

Developed in coordination with the O'Neill Institute at Georgetown University Law Center, the roadmap is based on the contributions of more than 30 subject matter experts and 20 states and territories -- providing Governors with 17 specific, actionable recommendations to prevent overdose across five pillars of the Substance Use Disorder Continuum of Care.

An update to NGA's 2016 roadmap, the new publication reflects the evolving nature of the ongoing drug overdose epidemic and includes strategies specific to the rise of illicitly manufactured fentanyl. The roadmap highlights 10 states' initiatives that exemplify best practices and innovative strategies in overdose prevention.

Vivek Ramaswamy Breaks with GOP Pack on Drug Decriminalization. Republican presidential nomination contender Vivek Ramaswamy is creating some space in a crowded field by edging away from the Republican consensus on a hardline drug policy. While on the campaign trail, he has frequently addressed issues around the war on drugs and the toll of fentanyl overdose deaths.

"You don't hear me talk about the war on drugs. I'm not a war on drugs person," Ramaswamy said while appearing at an event in New Hampshire in June. "I am probably the only person in the modern history" of the party to talk about "off ramps" for people trying to get off drugs, including the use of "psychedelics, from ayahuasca to ketamine," he said.

"I'm eyes wide open and willing to be bold in crossing boundaries we haven't yet crossed to address the demand side of this as well," Ramaswamy said. "I think in the long run, and I'm talking about over a long run period of time, decriminalization, serially, is an important part of the long run solution here… That's gotta be part of the solution," he later added.

Similarly, last month, he said that rather than being "a war on drugs guy," he was "actually a path to legalization guy for a lot of different drugs, and a path to reasonable decriminalization. Many veterans are dying of fentanyl. I think fewer would be dying if there was access to ayahuasca, if there was access, legal access, to psychedelics more broadly. We can talk about, we can have a reasonable conversation about ketamine and others. So, I'm in that direction," he said.

He also argued that marijuana should be decriminalized now. "We got to catch up with the times. It's not a popular position in the Republican Party, but I'd just, again, I guess I'm going to speak the truth. Whether you vote for me or not is your choice. I think the time has come to decriminalize it," he said.

International

Peru, US Revive Air Security Agreement to Combat Drug Trafficking. The government of President Dina Boluarte has announced an air security agreement with the US that aims to prevent drug smuggling aircraft from entering Peruvian airspace. The agreement revives a bilateral security agreement with the US that was ended 20 years ago after Peruvian fighter jets downed a civilian aircraft with American missionaries aboard, killing one missionary and her infant daughter.

It will different this time, said Peruvian Defense Minister Jorge Chaves, who emphasized that any interdictions of aircraft under the agreement will be carried out through nonlethal means.

"With this, Peru will be able to exercise and use non-lethal air interdiction. Drug gangs and cartels are notified," said Alberto Otárola Peñaranda, President of the Council of Ministers. "The country will start an intense fight against the entry of illegal planes that violate our sky. We will act without contemplation to intercept them," he stressed.

Swiss Court Rules That Small Amounts of Drugs Should No Longer Be Confiscated. The Federal Tribunal, the country's highest court, ruled recently that people caught with "small amounts" of illicit drugs should be able to keep them. The decision came in a marijuana case, but is likely to also be applied to other drugs, such as cocaine, according to Swiss legal experts.

It is unclear, however, what "small amounts" means for different drugs. And it is important that the different cantons develop coordinated definitions and approaches since they are the government units that will implement the changes.

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

Supreme Court Puts Hold on Sackler OxyContin Settlement, Ecuador Killing Linked to Drug Gangs, More... (8/11/23)

The NAACP reiterates its call for marijuana legalization and adds a call for workers' rights, Ron DeSantis doubles down on harsh rhetoric directed at Mexican drug cartels, and more.

OxyContin (Creative Commons)
Marijuana Policy

NAACP Renews Support for Marijuana Legalization, Adds Call to Protect Industry Workers' Rights. That National Association for the Advancement of Colored People (NAACP) has adopted a resolution reiterating its support for federal marijuana legalization and added a new call to protect workers' rights in the fledgling industry. The resolution was adopted late last month at the NAACP's 114th National Convention.

"NAACP calls for the legalization and de-scheduling of cannabis at the federal level and reaffirms its past resolutions on cannabis, the cannabis industries, decriminalization, and equity, and expresses an intent to advocate for federal, state, and local medical and adult-use cannabis legislation that includes labor peace agreements as a condition of licensure," the resolution says.

In the call to protect workers' rights, the resolution points out that "the majority of people in the cannabis industry will be workers rather than owners" and advocates that "the workers who grow, process, test, distribute, and sell cannabis deserve a fair and safe workplace and family-sustaining job like every other worker."

And that means union representation, the resolution said: "Access to union representation, training and apprenticeship will help ensure that a broad range of workers can benefit from the cannabis industry, especially workers from communities that have been disproportionately impacted by cannabis prohibition in the past," it says.

Opiates and Opioids

Supreme Court Temporarily Blocks Purdue Pharma Bankruptcy Deal that Protects Sackler Family. The US Supreme Court on Thursday put a hold on a bankruptcy deal with Purdue Pharma, the manufacturer of OxyContin, that capped liability for the Sackler family, which owns Purdue Pharma, at $6 billion and would have shielded family members from any further civil lawsuits over the opioid epidemic sparked by the introduction and massive marketing of OxyContin.

The Supreme Court issued the order in response to a Justice Department filing objecting to the settlement. The department argued that it allowed Sackler family members to hide behind legal protections meant for debtors in "financial distress," not billionaires. It said it would hear arguments in December to seek whether the settlement complies with the US bankruptcy code.

Under the deal, the Sacklers had agreed to pay billions in exchange for full immunity from all civil cases. The Supreme Court's order is likely to delay payments to the thousands of plaintiffs who have sued Purdue Pharma and the Sacklers.

Foreign Policy

Ron DeSantis Says He Is Open to Using Drones Against Mexican Drug Cartels. Florida Gov. Ron DeSantis (R), who is seeking the Republican presidential nomination, has once again identified Mexican drug cartels as one of his favorite targets as he seeks to gain traction against former President Donald Trump. At a campaign event in Iowa Thursday, he said he would be open to using drone strikes against Mexican drug cartels.

"We will absolutely reserve the right if they're invading our country and killing our people," DeSantis said in response to a voter's question. When asked to clarify, he said: "I said I would use whatever force we need to defend the country. We'd be willing to lean in against them, and we reserve the right to defend our country," he added.

Earlier in the campaign, DeSantis called for the use of deadly force against migrants suspected of trafficking drugs, a call he reiterated Thursday. "We're authorizing deadly force. They try to break into our country? They will end up stone-cold dead," he said to a rousing round of applause.

International

Ecuador Presidential Candidate's Assassination Linked to Local Drug Gangs with Ties to International Drug Trafficking Organizations. Anti-corruption crusader, journalist, and former legislator Fernando Villavicencio was shot and killed at a campaign event in Quito Tuesday evening not long after receiving threats from local gangs tied to Albanian, Colombian, and Mexican drug cartels.

The assassination came amid a rising tide of violence linked to conflicts betwee two gangs, Los Choneros and Los Lobos. Los Choneros are linked to the Sinaloa Cartel, while Los Lobos have ties to competing international drug organizations. In recent months, judges, prosecutors, journalists, politicians and political candidates have been killed in gang attacks, with the mayor of the western city of Manta assassinated just two weeks ago. Gang-related violence has also roiled the country's overcrowded prisons, with some 600 inmates killed in three separate bouts of prison rioting.

Ecuador is not a producer of cocaine, but is bordered by leading producer countries Colombia to the north and Peru to the south and is an increasingly important transshipment point for cocaine headed to North America and Western Europe.

"The killing of Fernando Villavicencio is a wake-up call for Ecuador's democracy," said Juanita Goebertus, Americas director at Human Rights Watch. "The rise of organized crime is putting the lives of Ecuadorians and their institutions at risk. Urgent, rights-respecting security policies are needed to protect them effectively."

In response to the violence, President Guillermo Lasso has declared a range of localized states of emergencies, suspending constitutional rights. The government has also deployed the military and conducted prison raids. After the killing of Villavicencio, Lasso expanded the state of emergency across the entire country.

But Human Rights Watch said what the country needs is to address the root causes of criminality, including high levels of poverty and social exclusion. The authorities should seek to permanently reduce the power of organized crime groups, including by considering alternative approaches to drug policy that would reduce the profitability of the illegal drug trade, the group said.

"The ongoing states of emergency have not made Ecuadorians safer," Goebertus said. "The government needs to put in place an effective and legitimate security policy that protects them and seeks to dismantle organized crime groups.

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

OR Governor Signs Addiction & Mental Health Bills, Fed Appeals Court Throws Out Drug User Gun Ban, More... (8/10/23)

New York sees its first marijuana farmers market open today, Australia sees its first federal marijuana legalization bill filed, and more.

The ban on drug users possessing firearms is now in doubt after a 5th Circuit Court of Appeals ruling.
Marijuana Policy

Federal Appeals Court Strikes Down Ban on Drug Users Possessing Guns. The US 5th Circuit Court of Appeals in New Orleans has struck down a 1968 law that bars illegal drug users from possessing firearms. It was the latest blow to US gun laws after the Supreme Court last year changed the legal standard around gun restrictions.

"In short, our history and tradition may support some limits on an intoxicated person's right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage," Circuit Judge Jerry Smith, a Ronald Reagan appointee, wrote for the unanimous three-judge panel. "Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users."

The ruling comes in the case of Patrick Daniels who was convicted of being a drug user in possession of a firearm after a traffic stop in which marijuana roaches and two loaded guns were found. The 5th Circuit's ruling only applies to Daniels, but open the door for other people convicted of that offense within the circuit to seek similar redress. The 5th Circuit includes Louisiana, Mississippi, and Texas.

New York's First Marijuana Farmers Market Opens Today. The state's Cannabis Control Board announced Wednesday that the state's first marijuana farmers market will begin today in New Paltz in the Hudson River Valley. The activity is sanctioned under the board's new Cannabis Growers Showcases (CSG) program.

The New Paltz market includes licensed growers Queen Farms and Empire Farm 1830, as well as retailer Legacy Dispensers. It will be open Thursday and Friday afternoon and Saturdays from 1:00pm to 8:00pm. The market will continue through year's end or until a brick and mortar pot shop opens in the village.

At least for now, there is no onsite consumption, nor is alcohol being sold. Onsite marijuana consumption would require additional permits from the state Department of Public Health.

Drug Policy

Oregon Governor Signs Package of Addiction, Mental Health Bills. Gov. Tina Kotek on Tuesday signed into law six bills aimed at addressing the state's addiction and mental health problems.

"As your Governor, I am fighting for a behavioral health system that really does work across our state," Kotek said prior to signing the bills. "We do need to improve outcomes."

The bills are:

  • Senate Bill 1043, which directs hospitals to provide two doses of Narcan, the opioid reversal drug, upon discharge to patients with a substance use disorder.
  • House Bill 2395, which makes it easier to distribute Narcan to people who need it most.
  • Senate Bill 238, which directs the Oregon Health Authority, the Department of Education and Drug Policy Commission to create a curriculum on the dangers of certain drugs.
  • House Bill 2757, which better funds a coordinated crisis services system that includes suicide and mental health crisis hotlines.
  • House Bill 2513, which directs local planning committees to coordinate with local behavioral health networks on services provided to the community. The bill aims to target the slow rollout of Measure 110.
  • House Bill 3610, which creates a task force to study both alcohol pricing and addiction services.

International

Australia Federal Marijuana Legalization Bill Filed for First Time. For the first time, a federal marijuna legalization bill has been filed in Canberra. The bill was filed by Greens Party Sen. David Shoebridge.

"This is the first time a bill has been introduced to Federal Parliament that could, with the support of both houses, create a legal home grow and commercial cannabis market across the country," the Greens said.

About 80,000 Australians are arrested every year for marijuana possession.

"It's time to stop pretending that consumption of this plant, consumed each year by literally millions of Australians, should still be seen as a crime," Shoebridge said.

The bill comes after state legislatures in Victoria, New South Wales and Western Australia received bills from the Legalize Cannabis Party to legalize marijuana for personal use.

San Francisco Jail Being Filled with Drug Law Violators, Partisan Gap in Support for Legal Weed, More... (8/9/23)

The man who was once Colombia's most powerful cocaine traffickers gets decades in US prison, New Hampshire will study the state liquor store model for potential legal marijuana sales, and more.

Open-air drug scene in San Francisco's Tenderloin. There is a crackdown going on. (AdamChandler86)
Marijuana Policy

Gallup Poll Now Has Republican Majority for Marijuana Legalization but Partisan Gap Remains. New polling data from Gallup on partisanship among the American electorate shows that a majority of Republicans -- 55 percent -- now support marijuana legalization, but Democrats supported it at a much higher level -- 83 percent. Support among independents was not measured.

While Democrats have historically been more likely to be legalization supporters, the partisan gap has widened over the past decade because support among Democrats has risen much faster than among Republicans. Overall, though, support for legalization among all Americans remain near or at an all-time high -- with majorities of self-identified Democrats, Republicans, and Independents all backing legalization.

New Hampshire Governor Signs Bill for Commission to Study State Marijuana Sales. Gov. Chris Sununu (R) has signed into law House Bill 611, which will create a commission to study on how the state could handle legal marijuana sales in a way similar to the state liquor store model already in place in the Granite State.

"New Hampshire has an opportunity to safely regulate the sale of marijuana with a model few others can provide," Sununu said. "By establishing a commission to study state-controlled sales, this bill will bring stakeholders from across New Hampshire together to ensure that preventing negative impacts upon kids remains our number one priority."

The state-control model of cannabis legalization the governor favors was met with widespread skepticism from both Democrats and Republicans in the state legislature earlier this year, but the legislature has failed to pass any form of legalization so far.

Drug Policy

Former Leader of Colombia's Gulf Clan Cartel Sentenced to 45 Years in US Prison. On Wednesday, Dairo Antonio Úsuga David, known by various aliases, including "Otoniel," a citizen of Colombia, was sentenced by United States District Judge Dora L. Irizarry to 45 years’ imprisonment for engaging in a continuing criminal enterprise as a leader of the multibillion-dollar paramilitary and drug trafficking organization known as the "Clan del Golfo" (CDG -- the Gulf Clan).

Úsuga David was also sentenced to 45 years' imprisonment for engaging in a maritime narcotics conspiracy and 45 years' imprisonment for engaging in a narcotics importation conspiracy. The sentences will run concurrently. As part of the sentence, the Court ordered Úsuga David to pay $216 million in forfeiture. The defendant pleaded guilty to all three charges in January 2023.

Úsuga David controlled an armed force of about 1,800 men, mainly recruited from former rightist paramilitary groups and operated Colombia's biggest drug trafficking organization until his arrest in 2021 by the government of Conservative then-President Ivan Duque. He was then extradited to the US to face charges, although there are also suggestions that he was extradited to avoid having him answer questions that could link rightist paramilitaries to Conservative Party politicians.

"Otoniel led one of the largest cocaine trafficking organizations in the world, where he directed the exportation of massive amounts of cocaine to the United States and ordered the ruthless execution of Colombian law enforcement, military officials, and civilians," said Attorney General Merrick Garland. "This sentence sends a clear message: the Justice Department will find and hold accountable the leaders of deadly drug trafficking organizations that harm the American people, no matter where they are and no matter how long it takes."

San Francisco Jail Population Jumps as Drug Arrests Mount. For the first time in years, the jail population in the city has hit the 1,000 mark, driven largely by a renewed emphasis on drug arrests. The average daily jail population was 1,277 in 2019 and dropped to 850 in 2020 amidst the early stages of the coronavirus pandemic.

Even though crime reports in the city are down slightly over last year, drug arrests are up a dramatic 36 percent, especially since the city launched an initiative on May 30 to arrest people for public drug use. That push tipped the jail population past the 1,000 mark; it hit 1,001 on Tuesday.

David Mauroff, executive director of a nonprofit called the San Francisco Pretrial Diversion Project, which provides resources to people who are awaiting criminal trial, said the increase in arrests has squeezed his organization's ability to properly serve clients.

"The city has now decided that arrest, prosecution and incarceration is the answer to our public safety issues," Mauroff said. "It's been demonstrated by volumes of research and science that the war on drugs failed."

Drug arrests are not the only thing fueling the jail population jump. The Public Defender's Office has been holding sit-in all summer to protest court backlogs that have denied more than 1,100 people the right to a speedy trial. The office said 115 people have been held in jail for months or even years past their speedy trial deadlines.

Manhattan US Attorney Warns on Safe Injection Sites, Ayahuasca Church Moves to Maine, More... (8/8/23)

Four veterans are suing New York marijuana regulators over the application of social equity provisions, New Hampshire's governor signs a fentanyl and xylazine test strip decriminalization bill into law, and more.

Fentanyl test strips are now decriminalized in New Hampshire. (Creative Commons)
Marijuana Policy

New York Lawsuit Challenges Application of Marijuana Social Equity Provisions in State Law. Four veterans have filed a lawsuit against the state's marijuana regulators, the Office of Cannabis Management and the Cannabis Control Board. The lawsuit charges that although service-disabled veterans are listed as a sub-group of social equity applicants who are supposed to be prioritized for licenses, the regulating agencies have established a process that makes having a marijuana-related criminal conviction an initial eligibility requirement, disqualifying disabled vets who would otherwise be eligible under the social equity provisions.

"The statute specifically included those individuals as individuals that would be prioritized with respect to applying for and gaining approval of an adult use retail license," said plaintiff's attorney Matt Morey. "The regulations that were then adopted, well not necessarily prohibiting any disabled service veteran from applying, they would have to then satisfy the other various CAURD (conditional adult-use retail dispensary) requirements, which is that they were convicted of a marijuana-related offense prior to March 31 of 2021," Morey said.

The lawsuit has resulted in temporary injunction from the judge in the case that bars the state from issuing any new licenses or approving any new retail outlets to open. That injunction will last at least until Friday when the judge will hear arguments about whether the current program is constitutional.

Psychedelics

Ayahuasca Church Moves to Maine. A church that uses ayahuasca as a sacrament in its services has relocated from New Hampshire to Maine. The church, Pachamama Sanctuary, has obtained 40 acres of land in Casco to serve as a retreat center and spiritual sanctuary.

"People in the community come here to make a connection with the spirit, with God, higher power, whatever they decide to call it," said Derek Januszewski, founding pastor of the church.

Januszewski said the church moved not because of legal hassles in New Hampshire -- there were none -- but because of zoning problems with their old building.

Although ayahuasca contains DMT, a Schedule I drug under the Controlled Substances Act, the US Supreme Court ruled in 2006 that a small religious sect originating in Brazil, the Uniao Do Vegetal (Union of the Vegetable) was entitled under the Religious Freedom Restoration Act to use it for religious purposes. It is not clear if the Pachamama Sanctuary is part of that church.

Harm Reduction

Manhattan US Attorney Warns He Could Shut Down New York City Safe Injection Sites. US Attorney for the Southern District of New York Damian Williams said Monday that two city-approved safe injection sites are operating in violation of state and federal law and that he could be forced to act if the situation does not change.

"I have repeatedly said that the opioid epidemic is a law enforcement crisis and a public health crisis," said Williams. "But I am an enforcer, not a policymaker." The situation is "unacceptable," he added. "My office is prepared to exercise all options -- including enforcement -- if this situation does not change in short order."

Although widely accepted in Europe, Australia, and Canada, safe injection are considered illegal in the US under the "crack house statute," which bars people from maintaining property where controlled substances are consumed. A Philadelphia safe injection site effort was blocked by the Trump-era Justice Department, and that case remains unresolved as the Biden Justice Department attempts to negotiate a settlement.

But faced with a growing drug overdose crisis, New York City did not wait for the resolution of that case or for lawmakers to change state law and instead okayed two safe injection sites in December 2021.

New Hampshire Decriminalizes Fentanyl, Xylazine Test Strips. Late last week, Gov. Chris Sununu (R) signed into law House Bill 287, which decriminalizes fentanyl and xylazine test strips by removing them from the state's definition of drug paraphernalia.

Fentanyl was implicated in 410 of the state's 486 drug overdose deaths last year.

Under previous state law, only needle exchange programs were allowed to distribute test strips. People in possession of test strips who were not needle exchange workers or clients could be charged with a misdemeanor punishable by up to a year in jail.

San Francisco Has Magic Mushroom Churches, DeSantis Doubles Down on Cartel Threats, More... (8/7/23)

Wisconsin's Democratic governor signs a bill heightening penalties for fatal drug overdoses, Israel's Health Ministry says patients can be prescribed marijuana beginning in December, and more.

Ron DeSantis tries to pick up some steam by threatening to violently attack Mexican drug cartels. (myflorida.com)
Psychedelics

San Francisco Magic Mushroom Churches Have Authorities Befuddled. At least two magic mushroom churches where residents can purchase the hallucinogenic fungus have opened this year in the city, and the city has yet to figure out how to respond. One is Zide Door, an offshoot of a similar operation across the bay in Oakland; the other is the Living Church in Lower Nob Hill.

Magic mushrooms are illegal under both state and federal law, but were declared a lowest law enforcement priority in the city in 2022. Last December, police raided a Haight Street storefront for illegally selling magic mushrooms, but that raid generated criticism from Supervisor Dean Preston, who questioned why city police " chose to use extensive resources on a drug bust for substances the city considers to be of lowest priority." That case remains unresolved.

City officials have yet to move against the magic mushroom churches amid speculation that the churches may resort to a religious exemption defense to any potential charges. A handful of churches across the country have won the right to use psychedelics ceremonially, although San Francisco attorney Graham Pechenik, who specializes in marijuana and psychedelic law, warned that the religious argument is not all-encompassing.

"Merely claiming to be a church and having customers 'join' the church is unlikely to provide a shield against prosecution, and even providing church services under a defined set of beliefs may be insufficient to win in court," he said.

Sentencing Policy

Wisconsin Governor Signs Drug Dealer Murder Bill into Law. Gov. Tony Evers (D) last Friday signed into law Senate Bill101, which increases the penalty for first-degree reckless homicide involving drugs. The bill moves the offense from a Class C felony to a Class B felony and makes drug dealers and userseligible for sentences of up to 60 years if they are involved in a fatal overdose.

The bill has been criticized for lacking protections for people who use drugs with others, including Good Samaritans who call for help when someone overdoses. The ACLU of Wisconsin blasted Evers for signing it into law.

"The decision by Gov. Evers today to sign SB 101 into law represents a step in the wrong direction in Wisconsin's fight against drug overdoses. If we've learned anything from the failed War on Drugs, it's that we cannot incarcerate our way out of addiction and drug use. Yet, after decades of abject policy failure, we are still repeating the same mistakes," said James Stein, deputy advocacy director of the ACLU of Wisconsin.

"The law enacted today is deeply misguided and counterproductive. It further entrenches us in destructive cycles of criminalization and punishment that devastate our communities -- particularly Black and Brown communities -- while doing little to nothing to combat drug problems. While purporting to crack down on drug distribution, SB 101 could lead to an increase in fatal overdoses, as people might be less likely to seek medical attention for someone overdosing out of fear of prosecution. In addition, an extensive body of research -- as well as our own lived experiences -- tells us that punitive drug laws don't reduce drug use, addiction, or overdose," Stein continued.

Foreign Policy

DeSantis Doubles Down on Deadly Force Promise Against Mexican Drug Cartels. As he continued to pursue the Republican presidential nomination last Friday, Florida Gov. Ron DeSantis doubled down on an earlier commitment to use force against Mexican drug cartels to block the flow of fentanyl coming through the southern border.

"Day one, we're declaring it to be a national emergency," DeSantis said. "I'm going to do what no president has been willing to do. We are going to lean in against the cartels directly, and we are going to use deadly force against them."

That would involve the use of the US military in lethal offensive operations in Mexico, something that Mexican President Andres Manuel Lopez Obrador has angrily rejected. But it is only one of a panoply of increasingly aggressive policy prescriptions aimed at the cartels coming out of Republican precincts as the death toll from fentanyl overdoses rises.

International

Israel Health Minister Says Patients Can Be Prescribed Medical Marijuana Beginning in December. The Health Ministry has announced that doctors will be able to prescribe marijuana to patients beginning in December. Currently, patients need a license to use medical marijuana.

The change is intended to make it easier for patients to get access to the drug and to remove bureaucratic obstacles. The ministry said it will review the changes after one year.

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

Florida AG Opposes Legalization Init, Montreal Mushroom Shop Raided Again, More... (8/4/23)

There have been a couple of hiccups as marijuana legalization rolls out in Minnesota, Florida's attorney general thinks voters are too stupid to know that pot would remain federally illegal if the state legalized it, and more.

Magic mushrooms. You can't buy them in Montreal anymore. (Creative Commons)
Marijuana Policy

Florida AG Reaffirms Opposition to Marijuana Legalization Initiative, Claims Floridians Too Stupid to Know Pot Would Remain Federally Illegal. Attorney General Ashley Moody (R) on Wednesday submitted a new brief to the state Supreme Court arguing that it should reject the marijuana legalization initiative from Smart and Safe Florida because its summary does not explicitly say that marijuana is illegal under federal law.

That could deceive state voters who may be ignorant of the policy conflict between the states and the federal government on marijuana, Moody argued. "Most Americans cannot name a single Supreme Court justice," she claimed to support her position.

Smart and Safe Florida found Moody's position incredible, saying it "strains credulity well past the breaking point to think that the average voter is unaware that marijuana is illegal at the federal level."

She also argued that the initiative is crafted to unfairly benefit the marijuana company Trulieve, which is the main financial backer of the campaign.

"This carefully curated ballot summary misleads in ways that, though sometimes subtle, are likely to influence voters -- and to do so in a way that entrenches the Sponsor's monopolistic stranglehold on the marijuana market to the detriment of Floridians," it says. "In its pursuit of a larger customer base and greater profits, Trulieve has invited millions of Floridians to join it in reckless violation of federal criminal law. Trulieve may be reckless enough to stake an entire business model on the whims of federal prosecutors," it continues. "But it cannot invite Florida voters to permanently amend their governing charter by promising that the amendment will do something ('allow' recreational marijuana) that it will not do."

It's not immediately clear what the next steps are in the case. It's possible the court may schedule oral arguments now that both sides have laid out their main arguments in written briefs.

Minnesota Legal Marijuana Hiccups. The first days of marijuana legalization in the state -- beginning August 1 -- have brought at least two police raids on shops they said were skirting the law. Police raided a tobacco shop in Mahnomen on the White Earth Reservation that was selling marijuana and a shop in Faribault that was selling plants.

While non-native parts of the state must wait for regulators to come up with regulations to guide legal marijuana commerce, sales have already begun on one reservation, Red Lake. The White Earth Band, however, says sales are illegal without a permit from the tribe.

Meanwhile, in Faribault, Total Tobacco was raided on August 1 when local law enforcement seized 22 pot plants. The store said it thought it was selling legal plants because the seedlings had not yet reached a state of maturity when THC levels would rise enough to be illegal.

Charges are pending in both cases.

International

Montreal Police Raid Magic Mushroom Shop for Third Time in Three Weeks. The FunGuyz magic mushroom shop is shut down again after being raided Thursday for the third time in three weeks. Police said they seized four kilograms of psilocybin in bulk form, 753 grams of psilocybin edibles, 1,643 psilocybin tablets and slightly more than $10,000 in cash.

Police first raided the shop on July 11, the day it opened and arrested four people. But the owners, who said they were advocating for psychedelic legalization, reopened, sparking a second raid on July 20, with five people arrested. One person was arrested in this latest raid.

Quebec law enforcement is growing tired of the game, and the provincial Director of Criminal and Penal Prosecutions says police have been granted an injunction to seize the building and prevent it from opening for a fourth time.

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