A pair of senators file a bill to allow Mexican troops to be trained by the US military to fight drug cartels, the FDA issues its first draft guidance on psychedelics, and more.

GOP presidential contender Ron DeSantis does not want to free the weed. (florida.gov)

Federal Ban on DC Weed Sales Advancing Again in This Congress. A Fiscal Year 2024 spending bill that includes a ban on legal marijuana sales within the District of Columbia advanced in Congress last week. The spending bill was approved last Thursday by the House Appropriations Financial Services and General Government Subcommittee. The ban on DC weed sales was included as a rider to the spending bill, a move Rep. Eleanor Holmes Norton (D-DC) denounced as "outrageous."

DC voters approved marijuana legalization in 2014, but Rep. Andy Harris (R-MD) has used riders ever since to block the District from allowing sales by barring the use of any federal funds to do so. The riders survived even when Democrats controlled the House and now, under Republican control of the House, is included in the base spending bill.

Ron DeSantis Says He Would Not Decriminalize Marijuana if Elected President. President Ron DeSantis would not decriminalize marijuana, Republican presidential candidate Ron DeSantis said at a campaign event last Thursday. DeSantis was responding to a question from a person representing wounded veterans who asked him to "please" decriminalize the plant.

"I don't think we would do that," DeSantis responded, then pointed to Florida'' medical marijuana program, saying it "actually allowed access" for veterans to use marijuana, but that it was "controversial because obviously there's some people that abuse it and are using it recreationally."

He also made familiar claims about marijuana potency and repeated unfounded assertions that marijuana is being adulterated by other drugs such as fentanyl.

Psychedelics

FDA Issues First Draft Guidance on Clinical Trials with Psychedelic Drugs. The US Food and Drug Administration last Friday published a new draft guidance to highlight fundamental considerations to researchers investigating the use of psychedelic drugs for potential treatment of medical conditions, including psychiatric or substance use disorders. This is the first FDA draft guidance that presents considerations to industry for designing clinical trials for psychedelic drugs.

There has been growing interest in the therapeutic potential of psychedelic drugs in recent years. They are being evaluated for use in the potential treatment of conditions such as depression, post-traumatic stress disorder, substance use disorders and other conditions. However, designing clinical studies to evaluate the safety and effectiveness of these compounds presents a number of unique challenges that require careful consideration.

The purpose of the draft guidance is to advise researchers on study design and other considerations as they develop medications that contain psychedelics. Within the draft guidance, the term psychedelics refers to "classic psychedelics," typically understood to be drugs such as psilocybin and lysergic acid diethylamide (LSD) that act on the brain's serotonin system, as well as "entactogens" or "empathogens" such as methylenedioxymethamphetamine (MDMA).

Foreign Policy

Cornyn, King Introduce Bill to Increase US-Mexico Military Cooperation to Combat Cartels. US Senators John Cornyn (R-TX) and Angus King (I-ME) introduced the Partnership for Advancing Regional Training and Narcotics Enforcement Response Strategies (PARTNERS) Act, which would allow the Department of Defense (DoD) to train Mexican military forces in the United States to combat cartels in Mexico.

The PARTNERS Act would create a military-to-military pilot program through the DoD to bring Mexican military forces to the US to receive tactical training that they can employ in Mexico to counter transnational criminal organizations (TCO), including cartels, weapons dealers, drug traffickers, and human smugglers.

(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.)

A federal bill to fund university research on medical maerijuana gets filed, a federal asset forfeiture reform bill moves, and more.

Overdose deaths are prompting old punitive responses and possible new, more effective responses. (Pixabay)

SAFE Banking Act to Get Senate Committee Vote Within Weeks, Chairman Says. Sen. Sherrod Brown (D-OH), chairman of the Senate Banking Committee, has said that the Secure and Fair Enforcement (SAFE) Banking Act (S. 1323) would get a committee vote within weeks. "We’re looking at markup on the fentanyl issue, the executive compensation issue, and the Safe Banking Act issue and we want to do all that in the next two or three weeks,"Brown said.

The bill would give state-legal marijuana businesses access to the American banking system. Previous efforts to advance the bill stalled in the last few congressional sessions. But Sens. Jeff Merkley (D-OR), Steve Daines (R-MT), and Reps. Dave Joyce (R-OH) and Earl Blumenauer (D-OR) refiled the bill in their respective chambers in April.

Medical Marijuana

New Federal Bill Would Appropriate Millions for Medical Marijuana Research. This week Congresswoman Dina Titus (D-NV) and Congressman Joe Neguse (D-CO) introduced the Higher Education Marijuana Research Act of 2023, legislation that would eliminate obstacles to the academic research of cannabis, protect universities and researchers who study it, and promote the responsible study of marijuana.

While 38 states have legalized marijuana for medicinal use and 23 states including Nevada and Colorado have legalized it for recreational use, myriad federal rules and regulations create barriers to academic research. The bill would establish a new grant program within the National Institutes of Health to fund studies assessing cannabis’ medical benefits. It would appropriate up to $150 million in federal funding for university-sponsored medical cannabis research. The legislation also permits academic institutions to purchase state-licensed cannabis products for the purpose of "biological, chemical, agricultural, or public health research."

Asset Forfeiture

House Judiciary Committee Subcommittee Approves Asset Forfeiture Reform Bill. The House Judiciary Committee's Subcommittee on the Constitution and Limited Government on Tuesday voted to advance the Fifth Amendment Integrity Restoration (FAIR) Act of 2023 (HR 1525). The bill passed the subcommittee with bipartisan support and now awaits a full committee vote.

The bill would require that before seizing cash or property law enforcement show "a substantial connection between the property and the offense" and that the owner "used the property with intent to facilitate the offense" or "knowingly consented or was willfully blind to the use of the property by another in connection with the offense."

The bill would also eliminate the "equitable sharing" program under which state and local law enforcement agencies circumvent state asset forfeiture laws by turning cases over to the feds, who return 85 percent of the proceeds to the state or local law enforcement agency. And it would require that seizures be approved by a federal judge, not an administrative agency, such as the DEA, and that any funds go to the Treasury's general fund, not the fund of the seizing agency.

Drug Policy                                                       

Wisconsin Legislature Approves Bill to Increase Penalties in Overdose Deaths. With a final vote in the Assembly Wednesday, the legislature has approved a bill that increases maximum prison sentences for people who produce or sell drugs that cause another person's death, Senate Bill101. The bill would increase the maximum penalty from 25 years to 40 years in prison and increase the maximum period of supervision from 15 years to 20 years.

The bill comes as the state reported a record high number of overdose deaths in 2021 and easily passed both chambers. The only opposition to the bill comes from the ACLU of Wisconsin

"While reducing rates of overdose deaths is certainly an urgent priority, SB 101 won't alleviate the crisis," ACLU of Wisconsin policy analyst Jon McCray Jones said. "An extensive body of research - as well as our own lived experiences - tells us that punitive drug laws don't reduce drug use, substance abuse disorder, or overdoses."

Law Enforcement

. A new study found that when law enforcement agencies seize illicit opioids, fatal overdoses in the vicinity of the seizure increase over the next three weeks.

"This casts doubt on the core assumption of state and federal drug policy and suggests that police officers intending to protect the public’s health and safety may be inadvertently exacerbating harms such as fatal overdose," the study’s authors wrote.

The report does not say that drug raids caused the uptick in overdoses, but one of the study’s authors laid out a potential reasoning in a tweet: a person addicted to drugs does not simply stop using because police disrupt their supply. Instead, they go into withdrawal. They get more and more desperate, more willing to acquire drugs from dealers they don’t know. By the time they get new drugs, their tolerance likely decreased, putting them at risk of an overdose.

"Unknown tolerance, unknown potency, reduced risk aversion, and no margin for error in safely dosing fentanyl can all lead to increased fatal overdose observed in our study," Brandon del Pozo, an assistant professor of health services, policy and practice and an assistant professor of research at Brown University, wrote on Twitter.

Almost 1 million people have died from an overdose across the US in the past 20 years. The report proposes forming public safety partnerships where organizations can step in and assist people who use drugs after police perform a seizure; such groups could provide overdose prevention services, outreach and refer people to care.

"As drug markets become less predictable and morbidity and mortality among people who use drugs increases, it is critical that communities not only create low barrier access to evidence-based treatment but also implement harm reduction strategies that directly address supply-side drivers of accidental overdose," the report reads. "Naloxone distribution, drug-checking, and overdose prevention sites are strategies first developed and implemented by people who use drugs that can be facilitated or enhanced by law enforcement cooperation through exceptions or ‘carve-outs’ of drug criminalization to protect public health."

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

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

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

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

Medical Marijuana

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

Opioids and Opiates

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

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

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

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

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

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

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

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

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

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

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

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

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

Medical Marijuana

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

Psychedelics

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

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

Harm Reduction

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

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

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

International

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