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Luxembourg Unveils Marijuana Legalization Plan, WA Governor Calls Special Session on Drug Charging, More... (5/3/23)

A Maryland bill implementing legal marijuana commerce is signed into law, an Oklahoma bill cracking down on illicit medical marijuana grows is signed into law, and more.

A change in DOT drug testing rules could eliminate marijuana false positives. (Creative Commons)
Marijuana Policy

Maryland Governor Signs into Law Bill Implementing Marijuana Legalization. Gov. Wesley Moore (D) on Wednesday signed into law Senate Bill 516, which implements a voter-approved referendum to legalize marijuana. The bill allows currently operating medical marijuana dispensaries to apply for licenses to sell to the adult market beginning in July and mandates that licenses for up to 300 marijuana retailers by July 2024. The bill also sets a 9 percent sales tax on marijuana products, except for registered medical marijuana patients, who are exempt. The bill also allows patients to grow up to four plants at home and increases the amount of marijuana patients can possess.

Medical Marijuana

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

Drug Policy

Washington Governor Announces Special Session to Take Up Drug Possession Law. Gov. Jay Inslee (D) announced Tuesday that will call a special session to begin May 16. The session will focus on passing a new drug possession law. Inslee set the date after conversations with Democratic and Republican legislative leaders. In 2021, the Washington Supreme Court overturned the state's felony drug possession law in the Blake case. Legislators adopted a temporary misdemeanor policy that expires July 1. The so-called "Blake fix" was the only remaining must-do item legislators did not finish during the regular legislative session that ended April 23. In the absence of a statewide policy, several cities and counties have announced their intent to pass their own ordinances which would create a confusing patchwork of policies, treatment options and penalties.

Drug Testing

Department of Transportation Finalizes New Marijuana Testing Policies to Reduce False Positives. The US Department of Transportation (DOT) on Tuesday finished work on a rule that will allow oral saliva drug testing as an alternative to urine-based tests. Urine tests detect THC metabolites for weeks or months after consumption, leading to positive test results for people who are not actually impaired on the job. Oral testing, on the other hand, usually detects THC in saliva for no more than 24 hours after use.

"Allowing employers to use oral fluid testing may improve the effectiveness of drug testing," DOT said. "Oral fluid testing can detect the recent use of some drugs, including marijuana and cocaine, while urine drug testing has a longer window of detection." This will be good news for the trucking industry, which has suffered from driver shortages, including thousands of drivers who have been dismissed because of positive urine-based tests.

International

Luxembourg Releases Two-Phase Plan for Marijuana Legalization. A group of experts appointed by the government has released a report detailing plans for a legal marijuana regime. The report, "An Experimental System of Legal Access to Marijuana for Non-Medical Purposes," lays out the outlines of a legal marijuana market for those over 18. It would allow for possession of up to three grams, the home cultivation of up to four plants, and the development of a legal framework where adults could buy up to five grams a day, but no more than 30 grams in a month. Legalization will come in two phases, with the first requiring that the country's drug law be amended. Once that happens, home cultivation can commence. The second phase will be the development of a state system for the commercial cultivation and sale of marijuana. That will involve the launching of a pilot program to see how commercialization can work.

CA Natural Psychedelic Bill Heads for Senate Floor Vote, German Legal Weed Plan, More... (5/2/23)

An Ohio signature-gathering campaign to put marijuana legalization on the November ballot is about to get underway, Wisconsin Republicans kill the governor's marijuana legalization proposal and a whole bunch more, and more.

The DEA is rolling back a pandemic-era rule that eased access to buprenorphine, and doctors and advocates are worried.
Marijuana Policy

Ohio Activists Ready for Marijuana Legalization Initiative Campaign. The legislature has until tomorrow to act on a petition to legalize marijuana. It is not expected to do so, clearing the way for the Coalition to Regulate Marijuana Like Alcohol to conduct a signature gathering campaign to put its marijuana legalization initiative on the November ballot. A successful initial round of signature gathering put the issue before the legislature, and the legislature's failure to approve it gives proponents one more chance to take the issue directly to the voters. The campaign will have until July 5 to come up with 124,000 valid voter signatures from at least half of the state's counties to qualify for the November ballot. The initiative would legalize and regulate marijuana commerce, allow for the home cultivation of six plants per adult or 12 per residence, and impose a 10 percent retail sales tax.

Wisconsin Republicans Kill Marijuana Legalization Amid Mass Slaughter of Democratic Governor's Budget Proposals. The legislature's Republican-controlled budget committee on Tuesday killed off more than 500 budget proposals from Gov. Tony Evers (D), including marijuana legalization, with a single vote Tuesday. The state has a $7 billion budget surplus, but the Republicans refused to allow it to be used for renovations to the Milwaukee Brewers' stadium, a paid family leave program, a 10 percent income tax cut targeting middle- and low-income earners, spending $270 million to add more mental health providers in schools, or to freeze enrollment in the state's private school voucher program, let alone marijuana legalization.

"These aren't fringe ideas, controversial concepts, or Republican or Democratic priorities -- they're about doing the right thing," Evers said as he listed more than a dozen items being killed. "With a historic surplus comes historic responsibility, and today, when we can afford to do more, this vote is foolish and a wasted opportunity."

Opiates and Opioids

DEA's Proposed Rollback of Pandemic-Era Loosening of Restrictions on Buprenorphine Has Doctors, Advocates Worried. With the pandemic public health emergency set to end in 10 days, doctors and advocates worry that a DEA proposal to roll back a pandemic policy allowing people taking the opioid substitute medication buprenorphine to get it prescribed remotely will harm people recovering from addiction. More than a million Americans use bupe to stop cravings for opiates and block withdrawal symptoms, and since 2020, the federal government has allowed them to have it prescribed via telehealth. The DEA wants to reimpose a requirement that an in-person visit first take place before allowing re-prescribing via telehealth. DEA has received more than 2,900 public comments on the proposed rule, and says it will consider them before it releases final rules after the public health emergency ends next week.

Psychedelics

California Natural Psychedelic Legalization Bill Heads for Senate Floor Vote. A bill that would legalize the possession of small amounts of natural psychedelics, Senate Bill 58, is now headed for a Senate floor vote after clearing the Senate Appropriations Committee without a hearing. The chairman of the committee invoked a rule allowing him to send it directly to the floor because it would have a negligible fiscal impact. The bill was earlier approved by the Senate Public Safety Committee. The bill would legalize the "possession, preparation, obtaining, transfer as specified, or transportation of" personal use amounts of psilocybin, psilocin, DMT, ibogaine, and mescaline, but not synthetics such as LSD or MDMA. A similar bill passed the Senate last session, only to be pulled by its sponsor, Sen. Scott Weiner (D-San Francisco) after being watered down in the Assembly.

International

German Officials Circulate Draft Bill for First Part of Marijuana Legalization Plan. German Health Minister Karl Lauterbach has distributed a draft bill to legalize marijuana possession, cultivation, and social clubs to cabinet officials. Once the cabinet weight in, the government will finalize the bill and send it to lawmakers. Under the proposal, adults could possess up to 25 grams via the social clubs and adults over 21 could purchase up to 50 grams a month. People 18 to 21 would be limited to 30 grams per month. People would also be allowed to grow up to three plants for personal use. The social clubs would not be allowed to offer on-site consumption but could distribute up to seven seeds or five clones per month to each member for home cultivation. Plans for a national legal commercial market for marijuana have been scaled back in the face of concerns from the European Union, but it is expected that a pilot program to allow marijuana sales in select jurisdictions will be a second phase of legalization.

Biden Commutes 31 Drug Sentences, MN Senate Approves Legal MJ, More... (5/1/23)

Three Colorado Senate Democrats joined with Republicans to kill a safe injection site bill, a Texas bill to impose harsher penalties on fentanyl dealers has passed both chambers, and more.

The president wields his pardon power. (whitehouse.gov)
Marijuana Policy

Minnesota Senate Approves Marijuana Legalization Bill. The Senate last Friday narrowly approved its version of a marijuana legalization bill, Senate File 73. The vote was 34-33, with all Republicans voting against the bill. The House passed a slightly different version of the bill earlier last week. Now, the two chambers will attempt to negotiate their way to a merged bill they can send to DFL Gov. Tim Walz, who has strongly signaled he will sign it.

Harm Reduction

Colorado Safe Injection Site Bill Blocked. A bill that would have allowed municipalities to approve safe injection sites in their communities, House Bill 1202, has failed in the Senate after being approved in the House. The Democrat-sponsored bill easily passed the House 43-21, but was killed in the Senate Health and Human Services Committee last Wednesday on a 6-3 vote. Three of those "no" votes came from Democrats on the committee who raised concerns about "enabling" drug use and the lack of statewide rules and regulations in the bill.

"In spite of today's vote, overdose prevention centers remain the public health gold standard for addressing the crisis of overdose deaths faced by too many Colorado families," said the Colorado Drug Policy Coalition. "We are proud of the leadership from our many members in the House and our sponsors in the Senate who were able to put good policy backed by decades of research ahead of the politics of inaction."

Pardons and Commutations

Biden Commutes Drug Sentences for 31 People. The White House announced last Friday that President Biden has commuted the sentences of 31 people convicted of federal drug offenses. All 31 were serving time in home confinement and would have received shorter sentences if they were charged today with the same offense because the laws have been changed since they were sentenced.

The commutations come as the White House laid out a set of policy actions involving 20 different federal agencies aimed at improving the criminal justice system, which has disproportionate impacts on Blacks and other minority communities. Biden has commuted the sentences of 75 other people so far. He also pardoned thousands who were convicted of simple possession of marijuana under federal law, and others who have long since served out their sentences.

Sentencing Policy

Texas House Approves Bill to Increase Penalties for Dealing Fentanyl. The House last Friday overwhelmingly approved a bill to increase criminal penalties for people who distribute fentanyl, House Bill 6. The bill would do so by classifying fentanyl overdoses as "poisonings," which would trigger murder charges for people accused of providing a fatal dose of fentanyl. The bill also includes mandatory minimum 10- or 15-year sentences for distribution of more than 200 grams or 400 grams, respectively, with a maximum sentence of life in prison.

The House vote came after lawmakers ignored a small group of demonstrators in the gallery chanting "no more drug war." A companion bill has already passed the Senate, so lawmakers will now go to a conference committee to hammer out differences before it goes to the desk of Gov. Greg Abbott (R), who supports it. Meanwhile, a bill to decriminalize fentanyl test strips is stuck in committee in the Senate.

MN Legalization Pot Bill Set for House Floor Vote, Federal Criminal Justice Reform Bills Filed, More... (4/21/23)

There will be no marijuana law reform in Alabama this year, senior senators introduce a package of criminal justice reform bills, and more.

Colombian President Gustavo Petro was at the White House Thursday to discuss drug policy, among other topics. (Creative Commons)
Marijuana Policy

Alabama Legislative Leaders Dismiss Any Action on Marijuana Legalization. Even as the Alabama Cannabis Coalition demonstrated outside the capitol on Thursday to call for marijuana law reform, Republican House and Senate leaders made clear that reform bills filed this year are going nowhere. "I have zero interest in that legislation coming up," Sen. President Pro Tem Greg Reed said, adding "I don't see any appetite for the legislature being able to modify or change expanding anything associated with marijuana in this session." House Speaker Nathaniel Ledbetter also said those bills won't come up in the House. Indeed, they have not even been scheduled for committee.

Minnesota Marijuana Legalization Bill Gets House Floor Vote Monday. After a final committee vote in the House Ways and Means Committee this week, the House version of the state's marijuana legalization bill, House File 100, is set for a House floor vote Monday. The Senate version of the bill is also nearing the finish line, with just one more committee vote remaining before it, too, heads for a floor vote. The bills are expected to pass in both chambers and then be signed into law by Gov. Tim Walz, who also supports legalization.

Criminal Justice

Durbin, Grassley Reintroduce Criminal Justice Reform Bills. Senate Majority Whip Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), the lead sponsors of the landmark First Step Act (FSA), reintroduced three pieces of criminal justice reform legislation today to further implement the FSA and advance its goals. The First Step Act, which was signed into law in 2018, is bipartisan criminal justice reform legislation designed to make our justice system fairer and our communities safer by reforming sentencing laws and providing opportunities for those who are incarcerated to prepare to reenter society successfully. On Thursday, Durbin and Grassley reintroduced the First Step Implementation Act, the Safer Detention Act, and the Terry Technical Correction Act.

The first bill allows courts to apply the FSA sentencing reform provisions to reduce sentences imposed prior to the enactment of the FSA and broadens the safety valve provision to allow courts to sentence below a mandatory minimum for nonviolent controlled substance offenses, if the court finds the defendant's criminal history over-represents the seriousness of the defendant's criminal record and the likelihood of recidivism. The second bill would reform the Elderly Home Detention Pilot Program and compassionate release by clarifying that good conduct credits should be included in the calculation of time served and expanding eligibility to include nonviolent offenders who have served at least 50 percent of their terms of imprisonment. The third bill clarifies that all offenders who were sentenced for a crack cocaine offense before the Fair Sentencing Act of 2010 can apply for its retroactive application under Section 404 of the First Step Act, including individuals convicted of the lowest level crack offenses.

Foreign Policy

US and Colombian Presidents Issue Statement After White House Meeting. President Joseph R. Biden, Jr. of the United States and President Gustavo Petro Urrego of the Republic of Colombia met Thursday to advance bilateral cooperation on issues of mutual interest, including climate change, clean energy transition, migration, drug trafficking, and peace. President Biden reiterated his support for President Petro's peace efforts, and for rural and agricultural development in Colombia, as essential to effectively advance the implementation of the 2016 Peace Agreement in its international accompaniment of the accord's Ethnic Chapter.

On drugs, Biden and Petro committed to a holistic approach to address the harmful impacts of drug use and drug trafficking on both our peoples' health, safety, the environment, the economy, rule of law, and the strength and transparency of democratic institutions. They vowed to redouble efforts in terms of demand reduction through science-based prevention, harm reduction, treatment, and recovery support. They did not address Petro's oft-stated critique of US prohibitionist drug policy.

RI Safe Injection Site to Open Early Next Year, NC Marijuana Legalization Bill Filed, More... (4/20/23)

Dozens of advocacy groups urge the White House to end federal pot prohibition, Brazil's new president reinstalls civil society representatives on the national drug policy council, and more.

The people from Project Weber/RENEW who will staff Rhode Island's first safe injection site. (PWR)
Marijuana Policy

Over 80 Groups Urge Biden Administration to End Federal Marijuana Prohibition and Support Comprehensive Reform. In an open letter to President Biden, as well as the heads of the Justice Department, the DEA, and the Food and Drug Administration, more than 80 drug policy, social justice, civil liberties, and civil rights organizations called on the administration to legalize marijuana and enact comprehensive marijuana law reforms. "We urge you and your administration to take the steps necessary to deschedule marijuana in conjunction with other administration actions that center Black, Indigenous, and people of color (BIPOC) communities," they wrote. "Additionally, we implore your administration to support comprehensive marijuana reform legislation in Congress, such as the Cannabis Administration and Opportunity Act (CAOA), a bill that deschedules marijuana, repairs the past harms of prohibition, and provides a regulatory framework for marijuana markets."

Bipartisan Bill to Encourage State-Level Marijuana Expungements Refiled. A Republican and a Democrat, Reps. Dave Joyce (R-OH) and Alexandria Ocasio-Cortez (D-NY), on Tuesday reintroduced a bill that would provide incentives to states to expunge marijuana arrest records in their jurisdictions. The Harnessing Opportunities by Pursuing Expungement (HOPE) Act would provide federal grants to states engaged in expungement programs. The State Expungement Opportunity Grant Program would be managed by the Justice Department. "The vast majority of petty, non-violent cannabis law violations take place on the state and local level, precluding millions of Americans from fundamental opportunities such as housing and employment," Joyce said in a press release. "As both a former public defender and prosecutor, I understand firsthand how these barriers can negatively impact families and economic growth in Ohio and across the nation."

North Carolina Marijuana Legalization Bill Filed. Rep. Kelly Alexander (D) and a handful of cosponsors have filed a marijuana legalization bill, House Bill 626. The bill would legalize the possession of up two ounces by people 21 and over, allow for the home cultivation of up to six plants, and create a system of taxed and regulated marijuana commerce, including social equity provisions. The state has yet to pass even a medical marijuana bill, although this year one has been approved by the Senate. It has not moved in the House since it was sent there six weeks ago.

Harm Reduction

Rhode Island Safe Injection Site Coming Next Year. A harm reduction group, Project Weber/RENEW, in partnership with CODAC Behavioral Healthcare, announced Wednesday that it will open the country's first state-regulated overdose prevention center in early 2024. The center was authorized by legislation passed recently by the state legislature, sponsored by State Senator Josh Miller and State Representative Jay Edwards. The law will sunset in March 2026, after the amount of time needed to open and operate the facility and to do an evaluation.

According to a news release from the project, the overdose epidemic claimed 435 lives in Rhode Island in 2021. The center, to be located in Providence, will provide services including the ability to use pre-obtained drugs under the supervision of trained staff. Funding for the center's first year of operations comes from opioid settlement funds distributed to Rhode Island, totaling $2.6 million. Project Weber/RENEW and clinical partners CODAC were selected for the project by the state's Executive Office of Health and Human Services.

International

Brazil Civil Society Groups Reinstated to National Council on Drug Policy. For years, civil society groups had been able to have an impact on national drug policy by participating in the National Council on Drug Policy (CONAD), but rightist former President Jair Bolsonaro issued a decree barring those groups from participating in CONAD. Now, the new (or rather, returned) leftist President Luiz Inacio Lula da Silva -- Lula -- has reinstated them. Under a presidential decree issued last week, CONAD will be composed of 10 elected and five appointed seats for civil society, as well as members of the government. The move is welcome news from Lula, who had done little in the field of drug policy since taking office in January.

DEA Head Under Investigation Over No-Bid Contracts, CA Fentanyl Sentencing Ballot Measure, More... (4/19/23)

A federal veterans' medical marijuana bill gets refiled, an Oklahoma fentanyl test strip bill advances, and more.

Medical Marijuana

Bipartisan Bill to Legalize Medical Marijuana for Military Veterans Refiled. Rep. Barbara Lee (D-CA) and 12 bipartisan cosponsors refiled the Veterans Medical Marijuana Safe Harbor Act Wednesday. The bill would legalize medical marijuana for military veterans. The bill would amend federal law to allow vets to legally possess and use medical marijuana in accordance with state laws and with a doctor's recommendation. It would also allow doctors at the Department of Veterans Affairs to recommend medical marijuana. Earlier versions of the bill were filed in the last three Congresses.

Harm Reduction

Oklahoma Bill to Legalize Fentanyl Test Strips Heads for Senate Floor Vote. A bill to legalize fentanyl testing strips by declaring that they are no longer considered drug paraphernalia, House Bill 1987, has passed the Senate Health and Human Services Committee on a unanimous vote and is now headed for a Senate floor vote. The bill has already been approved by the House by a vote of 58-22.

Law Enforcement

DEA Head Investigated for No-Bid Contracts to Past Associates. In the latest scandal to rock the DEA, the Justice Department's Office of the Inspector General is investigating whether DEA Administrator Anne Milgram improperly awarded no-bid contracts worth millions of dollars to past associates. Under scrutiny is $4.7 million the agency spent for "strategic planning and communication," much of which went to people Milgram knew in her capacity as New Jersey's attorney general and as a New York University law professor and who were paid at far higher rates than government officials.

Also under scrutiny is a $1.4 million contract given to a Washington, DC, law firm to review the DEA's scandal-plagued foreign operations. That review was widely panned for downplaying agent misbehavior. It was written by Boyd Johnson, a former assistant to former New York City US Attorney Preet Bharara, one of Milgram's closest friends.

Federal contracting is not supposed to bypass the government hiring process and is supposed to take place without preferential treatment for anyone. If the Inspector General finds wrongdoing, it could lead to administrative or even criminal charges.

Sentencing Policy

Push for California Ballot Initiative to Increase Penalties for Fentanyl Dealers Gets Underway. An Orange County group calling itself Fentanyl Solution has $2.2 million in initial funding and plan to draft a ballot initiative that would increase sentences for people convicted of fentanyl distribution. The groups says it will begin with a public opinion poll on the issue to help figure out the best way to draft the proposed initiative.

"We want to let the legislators, who voted against every form of penalty for these drug dealers, know that we are holding them accountable," said Janice M. Celeste, President & CEO of Fentanyl Solution.org. "We believe that drug dealers who sell fentanyl and murder their customers must pay the price for their actions. The Poll-to-Prop initiative is a crucial step in our efforts to raise awareness about the need for stricter penalties for these criminals."

It's a long way from here to an initiative qualifying for the 2024 ballot. Once an initiative is approved by state officials, backers will have 180 days to come up with more than half a million valid voter signatures, but that must happen by July 2024 to get on the November 2024 ballot.

MN Marijuana Legalization Bill Heading for Floor Votes, China Condemns US Fentanyl Sanctions, More... (4/18/23)

A Washington therapeutic psilocybin bill goes to the governor's desk, the Minnesota marijuana legalization bill is finally heading for House and Senate floor votes, and more.

Legal marijuana is probably coming to Minnesota this year, but not Florida. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Bill Never Got a Shot. The legislative session has ended, and once again, marijuana legalization went absolutely nowhere. A legalization bill from Sen. Victor Torres (D), Senate Bill 1576, didn't even get a hearing, let alone a committee vote, and no legalization bill was filed in the House. Legislative inaction, however, clears the field for a legalization initiative next year, and signature-gathering for one is already well underway.

Minnesota Marijuana Legalization Bill Heads for House Floor Vote. The House version of the marijuana legalization bill, House File100, is headed for a House floor vote after winning approval in the House Ways and Means Committee on Monday. That was the 15th House panel to approve the bill on its marathon journey through the legislature. Meanwhile, the Senate version of the bill, Senate File 73, passed the Senate Taxes Committee Monday evening, leaving only one more committee vote before it, too, heads for a floor vote.

Psychedelics

Washington Therapeutic Psilocybin Bill Heads to Governor's Desk. With a final Senate concurrence vote last Friday, a bill to create a pilot program for therapeutic access to psilocybin for the treatment of mental health conditions, Senate Bill 5623, has been approved by the legislature and now awaits action by Gov. Jay Inslee (D). The bill originally did not contain the pilot program provision and would have only promoted research into psilocybin, but the House added that provision after the bill passed the Senate, necessitating that final Senate concurrence vote. In addition to the pilot program, the measure would create a Psilocybin Advisory Board, an Interagency Psilocybin Work Group and a Psilocybin Task Force.

Foreign Policy

China Condemns US Sanctions on Chinese Companies for Allegedly Supplying Fentanyl Precursor Chemicals. Chinese Foreign Ministry spokesperson Wang Wenbin on Monday strongly condemned the latest US sanctions on Chinese companies it accuses of supplying precursor chemicals for the production of illicit fentanyl. Last Friday, the US Treasury Department announced it had imposed sanctions on two Chinese companies for allegedly supplying fentanyl precursors to Mexican drug trafficking organizations. Wang said the "precursors" are just ordinary chemicals and it is the responsibility of importing countries to prevent their flow into illicit drug production.

"Instead of taking up the responsibility, Washington distorts the truth and tries to interfere in the normal chemical trade between China and other countries, which fully exposes its hegemony and brutality, as well as its contempt and trampling on the spirit of international rule of law," Wang charged. Wang also warned that US prosecution and sanction against Chinese companies "will create further obstacles to the bilateral cooperation in drug control."

Joint US-Mexico Statement on Fentanyl, AZ Psilocybin Research Bill Stalled, More... (4/14/23)

A bipartisan bill aims to lay the groundwork for federal marijuana legalization, Oregon naloxone access bills are moving, and more.

Oregon lawmakers are moving a pair of bills aimed at broadening access to naloxone, the opioid overdose reversal drug. (CC)
Marijuana Policy

Bipartisan Bill to Prepare for Federal Marijuana Legalization Filed. House Minority Leader Hakeem Jeffries (D-NY) and Rep. Dave Joyce (R-OH) filed a bill to lay the groundwork for federal marijuana legalization Thursday. The Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act would not legalize marijuana but would direct the attorney general to create a commission charged with making recommendations on a regulatory system for cannabis that models what's currently in place for alcohol. While passage of marijuana legalization appears unlikely in this Congress, but some members think this more incremental measure may be able to pass.

Psychedelics

Arizona Psychedelic Research Bill Stalled in Committee. A bill that would lead the way to the first state-sponsored controlled clinical trials of psilocybin mushrooms, House Bill 2486, is currently stalled in the House Appropriations Committee. The bill's fate depends on ongoing budget negotiations for the next fiscal year. The bill would award up to $30 million in competitive research grants through 2026 for Phase I, II, and III clinical trials using whole mushrooms. The Food and Drug Administration approved synthetic psilocybin as a breakthrough therapy in 2019 but has yet to approve any treatments with whole mushroom psilocybin.

Foreign Policy

US, Mexico Issue Joint Statement on Bicentennial Framework for Security, Public Health, and Safe Communities. With fentanyl and arms trafficking across the border on their minds, delegations of US and Mexican officials met and issued a joint statement Thursday on "new collaborative efforts to counter fentanyl trafficking and consumption and combat arms trafficking across North America." Both countries "committed to continue joint work to dismantle the fentanyl supply chain and the Sinaloa Cartel and the Jalisco New Generation Cartel on both sides of the border," the statement said, while Mexico highlighted "an April 12 presidential decree that permits the creation of a presidential commission to fight the trafficking of illicit synthetic drugs, firearms, and ammunition." Officials from both countries "committed to increase cooperation to combat illegal firearms trafficking," with the US vowing "to target southbound firearms flows and working with Mexican counterparts to increase firearms tracing to identify and choke off the source of firearms flows into Mexico."

Harm Reduction

Oregon Senate Approves Bill to Fight Opioid Overdoses. The Senate on Thursday approved Senate Bill 1043, which would provide patients with a history of using opioids increased access to overdose reversal medications such as naloxone. Backed by Gov. Tina Kotek (D), the bill would mandate that hospitals and other care providers provide two doses of the medication when patients check out if those patients have a history of opioid use or a prescription to an opioid. The bill passed the Senate unanimously. It now goes to the House. A separate proposal, House Bill 2395, would make naloxone kits more widely available in different settings, including public buildings, schools and for first responders. It has already passed the House and is now before the Senate.

Fentanyl-Xylazine Mix Declared "Emerging Theat," AZ Governor Vetoes Fentanyl Mandatory Minimums, More... (4/12/23)

A Maryland bill blocking police searches based on the odor of marijuana is on the governor's desk, a Delaware bill to end civil asset forfeiture reform is filed, and more.

Xylazine is used to accentuate the fentanyl high, but has serious side effects. (Creative Commons)
Marijuana Policy

Maryland Legislature Approves Bill Blocking Police Searches Based on Marijuana Odor. With a final House concurrence vote just minutes before the legislative session ended money, lawmakers approved House Bill 1071 that bars police from using the smell or possession of marijuana alone as the basis of a search. The bill had passed the House last month, but was revised in the Senate Monday, necessitating the final House vote. Police "may not initiate a stop or a search of a person, a motor vehicle, or a vessel" based only on the smell of burnt or unburnt marijuana, the possession of a personal use amount of marijuana or the presence of money near marijuana without additional evidence of intent to distribute. The bill also lowers the fine for public pot smoking from $250 to $50. The bill now joins the broader marijuana commerce bill awaiting the signature of Gov. Wes Moore (D).

Asset Forfeiture

Delaware Civil Asset Forfeiture Reform Bill Filed. House Democrats last week filed a bill aimed at reining in asset forfeiture in the state, House Bill 115. The bill from Rep. Kim Williams (D) would require that property owners be convicted of a crime before seizure could occur. The bill would also create stricter guidelines for civil asset forfeiture and tighter legislature oversight over civil asset forfeiture revenues. In the three-year period between 2018 and 2021, the state saw more than 2,500 cases of civil asset forfeiture, including 170 where property owners were not even arrested, let alone convicted of a crime.

Drug Policy

Biden Administration Designates Fentanyl Combined with Xylazine as an Emerging Threat to US. On Wednesday, Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), has officially designated fentanyl adulterated or associated with xylazine as an emerging threat to the United States. Xylazine is a non-opioid tranquilizer approved by the Food and Drug Administration (FDA) for veterinary use but not human use. This designation comes after careful review of the impact of xylazine on the opioid crisis, including its growing role in overdose deaths in every region of the United States.

"As a physician, I am deeply troubled about the devastating impact of the fentanyl-xylazine combination, and as President Biden's drug policy advisor, I am immensely concerned about what this threat means for the Nation," said Dr. Gupta. "That's why the Biden-Harris Administration is using this designation authority for the first time since it passed Congress in 2018. By declaring xylazine combined with fentanyl as an emerging threat, we are being proactive in our approach to save lives and creating new tools for public health and public safety officials and communities across the Nation. To parents, loved ones, community leaders, and those affected by xylazine use: I want you to know that help is on the way."

But not a safe drug supply.

Arizona Governor Vetoes Fentanyl Mandatory Minimums Bill. Gov. Katie Hobbs (D) on Tuesday vetoed Senate Bill1027, which would have placed a mandatory minimum of 10 years in prison on the first offense, and 15 years on the second offense, for anyone convicted of possessing, distributing, transferring, selling, or manufacturing heroin, fentanyl, or fentanyl analogs. "Last week, I signed a bill continuing Arizona's Good Samaritan law," Hobbs wrote in her veto message. "I fear this bill, particularly Section 2, would undermine the purpose of that law. I encourage the legislature to send me a narrower bill that focuses on the manufacture of fentanyl."

House, Senate Bills to Schedule "Tranq" Filed; KY MedMJ Bill Faces Crucial Votes Today, More...(3/30/23)

A State Department drug diplomat heads to Mexico City, the Missouri House gives initial approval to a therapeutic psilocybin study bill, and more.

Shops like this could be popping up soon in Kentucky if a medical marijuana bill passes today. (Creative Commons)
Medical Marijuana

Kentucky Medical Marijuana Bill Advances in House. A bill to legalize medical marijuana in the state, Senate Bill 47, that has already passed the Senate advanced in the House Wednesday just ahead of the final day of the legislative session today. To pass this session, the bill must now clear the House Licensing, Occupations & Administrative Regulations Committee and then pass a House floor vote today. If it does, the bill will go to the desk of Gov. Steve Beshear (D).

Psychedelics

Missouri House Approves Therapeutic Psychedelic Study Bill. The House has voted to approve House Bill 1154, which would require the state to conduct a study on using psilocybin for treating depression, substance use, or in end-of-life care. The bill still needs a final housekeeping vote in the House, but passed overwhelmingly this time. The bill would mandate that the Department of Health and Senior Services (DHSS) provide grants totaling $2 million for the research, subject to lawmakers approving the appropriation. The state would work with a medical center operated by the US Department of Veterans Affairs or with a state university hospital.

Drug Policy

House and Senate Bills Filed to Schedule Xylazine. A bipartisan bill to schedule the animal tranquilizer xylazine as a Schedule III controlled substance was filed in both the House and Senate on Tuesday. The drug, known colloquially as " tranq," is a powerful sedative and the subject of growing concern over its use by opiate and opioid users. While it has opioid-like sedative effects, it is not an opioid, so it does not respond to opiate overdose reversal drugs such as naloxone. It has been associated with soft-tissue wounds and necrosis that can lead to amputation. The DEA recently warned that "xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier."

Foreign Policy

Assistant Secretary for International Narcotics and Law Enforcement Affairs  Todd D. Robinson Travels to Mexico City. Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs (INL) Todd D. Robinson will travel to Mexico City, Mexico March 28-31 to open the U.S.-Mexico Synthetic Drug Conference and meet with INL’s partners in justice and law enforcement. The conference, co-hosted by INL and the Drug Enforcement Administration (DEA), will take place March 29-30, and will be attended by Assistant Secretary Robinson and Ambassador Kenneth Salazar, with recorded remarks by Secretary of State Antony Blinken.  The conference will focus on strengthening U.S.-Mexico bilateral cooperation to counter the health and security threats posed by illicit synthetic drugs. While in Mexico, Assistant Secretary Robinson will also hold meetings with Mexican government officials to discuss shared security goals.

International

Suspected ELN Militants Kill 9 Colombian Soldiers Near Venezuelan Border. At least nine soldier were killed and nine more injured in an attack on a military post in the state of Norte de Santander Wednesday. The military said it believed leftist rebels of the National Liberation Army (ELN) carried out the attack. The ELN is among a number of armed groups involved in the cocaine trade but has also been involved in peace talks with the government of left-wing President Gustavo Petro. If the ELN is shown to have carried out the attack, that could seriously complicate his effort to bring "total peace" to the country. Whoever carried out the attack is "absolutely far from peace and the people," Petro said. 

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