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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.

The National Governors Association Weighs in on Fighting Drug Overdoses [FEATURE]

Faced with an ongoing drug overdose epidemic that may have peaked in recent months but is still killing around 100,000 Americans each year, with fentanyl implicated in the great majority of deaths, the nation's governors are moving to get a grip on the problem. On Tuesday, 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, from the foundations, to prevention, harm reduction, treatment, and recovery.

By limiting their policy prescriptions to health services, the governors avoid tackling the prickly politics of drug prohibition and the role it plays in the overdose crisis. The words "legalization" and "decriminalization" do not appear once in the 79-page report. On the other hand, law enforcement is not mentioned as playing a role in addressing the problem, either.

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 specific, actionable recommendations to prevent overdose across five pillars of the Substance Use Disorder Continuum of Care.

This is not the first time the governors have addressed the topic. In fact, this report can be seen as an update to the NGA's 2016 Roadmap, which covered much of the same territory. The latest iteration, however, reflects the evolving nature of the ongoing drug overdose epidemic and includes strategies specific to the rise of illicitly manufactured fentanyl.

The continued attention is needed. From 2019 to 2021, overdose death rates increased in all 50 states; death rates in 40 states increased by more than 25 percent. The national overdose death rate in 2021 reached 32.4 per 100,000 people, compared to 6.1 in 1999. Overdose deaths among adolescents increased 109 percent from 2019 to 2021, despite low youth substance use rates.

For each of the five pillars -- foundations, prevention, harm reduction, treatment, and recovery -- the NGA roadmap makes specific recommendations:

Foundations

  • Establish a state government coordinating body to set a statewide vision for overdose prevention.
  • Invest in state infrastructure to maximize resources.
  • Seek and include the perspectives and leadership of people with a variety of lived experiences.
  • Invest in evaluation and test new ideas. Promote evidence-based requirements for funded prevention initiatives.
  • Nurture and grow a mental health and substance use workforce that reflects the populations served.

Prevention

  • Champion and invest in initiatives that support family cohesion and well-being.
  • Promote evidence-based requirements for funded prevention initiatives.

Harm Reduction

  • Maximize federal resources and braid funding to promote health and reduce harm for people who use drugs.
  • Implement targeted and low-barrier distribution strategies for overdose reversal agents (ORAs) such as naloxone.
  • Champion changes that allow for the distribution of harm reduction tools.

Treatment

  • Implement and invest in policies and programs that expand Medication for Opioid Use Disorder (MOUD) access beyond the office setting.
  • Implement and invest in evidence-based treatment and access models.
  • Maximize federal funding resources for treatment.
  • Assess state-level policies that restrict access.
  • Make all MOUD treatment forms available to those involved in the criminal legal system.

Recovery

  • Foster communities that support recovery.
  • Champion changes to policies to establish recovery residence standards.
  • Invest in small businesses and community-based organizations led by and employing people with lived experience who represent the communities they serve.

The roadmap goes into gritty, granular detail on each of these recommendations and policy-makers and advocates alike would be well advised to dig deeper. Overall, the NGA provides a progressive, evidence-based approach to dealing with drug overdoses. There is much to apply here.

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.

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.

Bill Filed to Prepare Feds for Pot Legalization, Seattle Mayor Unveils New Plan on Open-Air Drug Use, More... (8/1/23)

Another Republican files another border fentanyl bill, Seattle's mayor has a plan to deal with open-air drug use, and more.

As part of a criminal justice reform bill signed into law by Gov. Pritzker (D), Illinois will reduce drug testing of parolees.
Marijuana Policy

Hickenlooper Reintroduces Bill to Prepare Federal Government for Marijuana Legalization. Sen. John Hickenlooper (D-CO) recently reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, a bill that directs the Attorney General to develop a framework for federal cannabis regulation. Though cannabis is currently illegal at the federal level, many states have followed Colorado's safe and legal model. The PREPARE Act establishes a federal commission, modeled after Colorado's regulatory commission, to advise the government on proper safeguards for federal cannabis legalization.

>"Colorado's is the model for a safe, well-regulated marijuana market," said Hickenlooper. "Let's build on that success with federal regulation."

The PREPARE Act-established federal commission would advise on the development of a federal regulatory framework modeled after state cannabis regulations, consider barriers and suggestions for regulating cannabis similar to alcohol, identify ways to remedy the disproportionate impact cannabis prohibition has had on minority, low-income, and veteran communities, and include representatives from relevant federal agencies and offices, individuals nominated by Senate and House leadership, industry representatives, and representatives of state and local governments.

Drug Policy

House Republican Files Bill to Confiscate Cartel Assets, Use Them to Pay for Border Wall. Rep. Randy Feenstra (R-IA) has filed the Build the Wall and Fight Fentanyl Act, which would allow US authorities to seize the assets of Mexican drug cartels and use them to construct a wall at the southern border and to fight fentanyl.

The measure would establish two funds at the Treasury Department, the "Southern Border Wall Fulfillment Fund" and the "Combating the Fentanyl Epidemic Fund." Both funds would be run by the Department of Homeland Security.

"Criminal drug traffickers have smuggled enough fentanyl into our country to kill every man, woman, and child in the United States, and tragically, too many families know the pain of losing a loved one to this deadly crisis. We must fight fire with fire to protect our families, our children, and our communities," Feenstra said in a statement.

According to the DEA, however, the vast majority of drugs smuggled into the US from Mexico go through ports of entry, not unwalled portions of the border.

Seattle Mayor Unveils New Proposal to Fight Open-Air Drug Use. Mayor Bruce Harrell (D) on Monday announced a new plan to cut down on open-air drug use in the city and increase access to addiction treatment. The plan will include guidance to police on when to make an arrest and make drug possession a gross misdemeanor, bringing the city into conformity with state law. The state's drug possession statute had to be redone after the state Supreme Court threw it out in the Blake case in 2021.

"What's the same is it adopts the state law that we call the post-Blake Fix, and under the post-Blake Fix, you may recall, the officers were required to give referrals before arrests were made," said Harrell. "The legislature came out with the fix. That's what's the same, is that we are adopting the state law. What's quite different is we went more specific on what an arrest looks like and what it should not look like. It also brings in the threat of harm standard, which makes it clear, that if people are a threat to others, if they are in an area where people are trying to catch the bus, or where they are trying to shop or bring their kids in a stroller, these areas need to be safe, and it gives us the ability to make arrests when they need to happen," said Mayor Harrell.

The plan also includes $27 million to invest in facilities, treatments and services to address the opioid crisis. The measure needs to be approved by city council members, which Harrell said he is confident will happen and before a two-week break at the end of the month.

Drug Testing

Illinois Governor Signs Bill to Limit Drug Testing of Parolees. Gov. JB Pritzker (D) has signed into law a criminal justice reform bill, Senate Bill 423, that limits drug testing of parolees, among other provisions.

"Today, I will sign legislation that focuses our Mandatory Supervised Release system on creating successful outcomes for those who were formerly incarcerated and improves the safety and peace of our communities," Pritzker said in a statement last Friday. "This legislation supports the reintegration of individuals into the community while lowering the possibility of recidivism, increasing public safety, and lowering taxpayer costs," he added.

CA Initiative Would Have State Fund Psychedelic Research, Fentanyl Bills Pass Senate, More... (7/31/23)

A Georgia prosecutor's bid to seize a landlord's rural trailer beause a tenant got caught with meth gets thrown out of court, Colombia's president proposes buying up the coca crop, and more.

Colombian President Gustavo Petro proposes buying up the coca crop and turning it into fertilizer. (Creative Commons)
Opiates and Opioids

Two Fentanyl Bills Pass Senate as Part of Defense Spending Bill. The Senate approved the must-pass National Defense Authorization Act (S.2226) late last week. Because of its must-pass nature, the bill was loaded with other measures sponsors sought to get through the Congress, including a pair of fentanyl-related bills.

Sponsored by Sen. Rick Scott (R-FL), the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act (S.206) would require the Commissioner of U.S. Customs and Border Protection (CBP) to regularly update its drug interdiction guidance. Currently, many CBP policies that outline drug interdiction practices are outdated and do not provide guidance on how to handle drugs such as fentanyl. Sponsored by Sen. Tim Scott (R-SC), the Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, which would require the President to sanction drug rings involved in international drug trafficking, including suppliers in China and cartels from Mexico.

Psychedelics

California Initiative Would Fund Psychedelic Research to Tune of $5 Billion. A group calling itself TREAT California has filed a proposed initiative for the 2024 ballot that would allocate $5 billion for a new state agency that would fund and promote psychedelic research with an eye toward accelerating the progress toward federal legalization of certain psychedelics, such as psilocybin and ibogaine.

The campaign is not led by magic mushroom fans but by seasoned initiative campaigners. They want to create an agency they are calling the Treatment, Research, Education, Access and Therapies (TREAT) Institute to identify opportunities for advancing science into the therapeutic potential of psychedelics to address serious mental health conditions like depression and addiction.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed constitutional amendment says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

Meanwhile, another initiative campaign already underway seeks to put psilocybin legalization on the 2024 ballot. That campaign recently got approval from the state to begin signature gathering.

Asset Forfeiture

Georgia Prosecutor's Bid to Seize Landlord's Property over Tenant's Drug Possession Rejected. An effort by the Ogeechee Circuit District Attorney's Office to seize the property of a landlord because of her tenant's arrest for drugs has gone up in flames. The tenant of a trailer and utility shed on a small rural property had been arrested on methamphetamine possession charges in January but has never been indicted or even had her case appear before a grand jury.

But prosecutors moved to seize the property through civil asset forfeiture even though the woman arrested was not the property owner. District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord responded that she was not privy to the criminal conduct, did not consent to the criminal conduct, did not know of the criminal conduct, could not have reasonably known that criminal conduct was going to occur, and thus the property should not be forfeited. The judge in the case agreed.

"No evidence was adduced at trial that Walker was privy to Keaveny's criminal conduct, consented to or had any knowledge of criminal conduct, had any reason to believe it would or was occurring, or derived any financial benefit from the conduct," Judge Roland Thompson wrote, dismissing the seizure request.

International

Colombia President Proposes Buying up Coca Crop to Use for Industrial Purposes. With the country's rural coca economy in crisis because of years of overproduction, President Gustavo Petro has proposed buying up the crop and using it to make fertilizer. He also called for strategies to boost infrastructure development for the project.

"And that is done with research and technology and the form has already been invented. The Government proposes at the national level in the regions with the highest production of coca leaf used in another way, to set up factories to buy that coca leaf and turn it into carbonless fertilizer, decarbonized fertilizer, or if we want another word, 'biofertilizers,' Petro said. "So, I propose to SENA [the National Training Institute] to see if with the Government we can put these industrial complexes of cooperatives, indigenous peoples and neighbors, in order to use the coca leaf in a different way, which is to produce fertilizer for food in Colombia, zero carbon. That is, in the conditions that are needed in the 21st Century," he added.

Drug War Issues

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