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

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

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

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

Medical Marijuana

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

Foreign Policy

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

Harm Reduction

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

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

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

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

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

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

Medical Marijuana

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

Harm Reduction

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

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

California Governor Vetoes Bill Allowing Safe Injection Site Pilot Programs [FEATURE]

Despite past comments that he was "very open" to allowing safe injection sites to operate in the state, California Gov. Gavin Newsom (D) on Monday vetoed a bill that would do just that, Senate Bill 57. He cited "concerns" about its implementation.

California Gov. Gavin Newsom (D) says he supports harm reduction but has "concerns." (gov.ca.gov)
Sponsored by Sen. Scott Wiener (D-San Francisco), the bill would have allowed for safe injection pilot programs in Los Angeles, Los Angeles County, Oakland, and San Francisco. In each of those jurisdictions, city councils or boards of supervisors had requested inclusion in the bill and were prepared to begin to implement the proven harm reduction intervention.

California embracing safe injection sites would have been a tremendous advance for harm reduction in the United States, where the first safe injection sites opened just months ago in New York City, and Rhode Island is the only other state to have okayed them. Such facilities have been operating for decades in Europe, Canada, and Australia and have a proven safety track record. At the 170 safe injection sites that have operated around the world, not a single overdose death has been reported. In New York City, in the first three months of operation, staff at these sites were able to halt over 150 overdoses.

The bill was supported by a broad coalition of organizations including the Drug Policy Alliance, San Francisco AIDS Foundation, California Society of Addiction Medicine, National Harm Reduction Coalition, Healthright 360, Tarzana Treatment Center, and the California Association of Alcohol & Drug Program Executives.

Support for the bill was also heightened by significant increases in drug use and overdoses since the beginning of the coronavirus pandemic. San Francisco saw a record number of overdose deaths in 2020, with 711 deaths in total. In 2021, 640 people died of overdoses, and the city is on track to exceed that number this year. Statewide, approximately 10,000 people died of drug overdoses from April 2020 to April 2021.

In his veto message, Gov. Newsom maintained that he has "long supported the cutting edge of harm reduction strategies," but was "acutely concerned about the operations of safe injection sites without strong, engaged local leadership and well-documented, vetted, and thoughtful operational and sustainability plans."

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

Sen. Wiener and his allies, however, were not assuaged by Newsom's leaving the door open for future action.

"Today, California lost a huge opportunity to address one of our most deadly problems: the dramatic escalation in drug overdose deaths. By rejecting a proven and extensively studied strategy to save lives and get people into treatment, this veto sends a powerful negative message that California is not committed to harm reduction," Wiener said in a statement Monday. "SB 57 is not a radical bill by any stretch of the imagination. It simply gives permission to cities -- each of which has requested that permission -- to pilot safe consumption sites and get people into treatment."

California risks being left in the lurch as other cities and states move to embrace the harm reduction intervention, he said.

"Other states and cities in the US are already moving forward with this proven health model. New York City, with the vocal support of Mayor Eric Adams, has successfully implemented safe consumption sites. Indeed, Mayor Adams is advocating to expand the sites to operate 24 hours a day, due to their success in reducing public drug use. Rhode Island passed a law authorizing safe consumption sites, and Massachusetts is moving in that direction. Philadelphia is on the verge of settling with the Biden administration to potentially allow it to open safe consumption sites consistent with federal law," Wiener said.

"Today's veto is tragic," Wiener continued. "For eight years, a broad coalition has worked to pass this life-saving legislation. Each year this legislation is delayed, more people die of drug overdoses -- two per day in San Francisco alone. While this veto is a major setback for the effort to save lives and connect people to treatment, we must not -- and will not -- let it end this movement. We'll continue to fight for an end to the War on Drugs and a focus on drug use and addiction as the health issues they are."

Wiener's allies in the coalition pushing for safe injection sites were equally appalled by Newsom's veto.

"We are incredibly disappointed and heartbroken that Gov. Newsom has put his own political ambitions ahead of saving thousands of lives and vetoed this critical legislation," said Jeannette Zanipatin, California state director for the Drug Policy Alliance, which sponsored the bill. "Despite the governor's remarks, LA, San Francisco and Oakland have already designated this a priority by authorizing the programs locally and have been standing ready to implement them quickly. We have already engaged local stakeholders in a robust process and they have taken active steps towards implementation in order to be part of the pilot SB 57 would have put in place. We don't need additional processes. What we need is action. Without action, people are going to die," she said.

"While Newsom plays on the fears that an 'unlimited' number of Overdose Prevention Programs could have been opened, this would have been a limited pilot program that was only for five years and three jurisdictions, with an extremely thorough evaluation process. In 2021 alone, California lost over 10,000 residents to the overdose crisis, and we are continuing to see it disproportionately claim the lives of people of color throughout the state. Make no mistake, these deaths are 100 percent avoidable through common-sense, cost-effective measures, like SB 57, but because of his veto, people will continue to die alone and in the shadows."

"Harm reduction programs in three California cities were poised and ready to implement overdose prevention programs. Oakland, Los Angeles and San Francisco have done the groundwork, have local support, and this veto leaves entire communities of people who use drugs, the majority of them unhoused, without an essential lifesaving tool," said Laura Guzman, senior director of Capacity Building and Community Mobilization at the National Harm Reduction Coalition. "Newsom's veto of SB 57 comes at a time when we lose over 10,000 Californians every year to overdose and have skyrocketing racial disparities in deaths. This veto is completely unjustified."

"We are outraged that Governor Newsom has vetoed SB 57," said Tyler TerMeer, PhD, CEO of San Francisco AIDS Foundation. "Given the number of fatal overdoses that continue to happen every day in San Francisco and across California, now is the time for us to take bold action in establishing lifesaving overdose prevention programs. We are sending an urgent message to our elected officials that preventing these programs from operating will cost lives."

The coalition formed to pass SB 57 isn't going anywhere, and this fight is far from over. Look for renewed efforts on both the legislative and consultative fronts to make California safe injection sites a reality.

AR Legalization Campaign Sues to Get Back on Ballot, Honduras Coca Production, More... (8/5/22)

Coca grower factions continue to clash in Bolivia, Colombia's new president will move to decriminalize drugs, and more.

A coca lab in Honduras (HSDN)
Marijuana Policy

Arkansas Marijuana Legalization Campaign Sues to Get Initiative Back on the Ballot. Responsible Growth Arkansas, the group behind a marijuana legalization initiative, has filed suit against the State Board of Election Commissioners after the board earlier this week declined to certify the measure for the November ballot even though it had surpassed the required number of valid voter signatures. The board contended that the ballot title and description did not adequately describe the initiative, but Responsible Growth Arkansas says the board made an "incorrect" decision and "denied the wishes of hundreds of thousands of Arkansans to have the opportunity to vote on the Amendment."

International

Bolivia Coca Conflict Continues. Competing coca grower union factions, one affiliated with the government of President Luis Arce and the other opposed, continued to clash in La Paz this week. Adepcoca, which is the nation's largest coca union, is divided, with one faction now calling for the resignation of Minister of Rural Development Remmy Gonzales. And they are demanding the closure of a "parallel market" administered by coca union leader Arnold Alanez, whom the government recognizes as the leader of Adepcoca, and have filed a lawsuit against the government to force its closure. There are only two recognized coca markets, the Adepcoca market in La Paz and the Sacaba market in Cochabamba, and the Adepcoca growers say the third market is "illegal."

Colombia's Incoming Government Will Move to Decriminalize Drugs. The incoming administration of leftist President-elect Gustavo Petro is preparing drug policy proposals including drug decriminalization as it faces record cocaine production and violence from illegal armed groups and traffickers involved in the trade. Petro takes office on Sunday. His drug policy coordinator, Felipe Tascon, said that Petro also wants to end forced eradication of coca crops and instead concentrate on developing the rural economy. Tascon added that Petro will "speak up louder internationally" to explain that the problem is not drugs but "the problems drug prohibition created" and that "Bolivia, Peru, Chile, Colombia, Mexico, and Brazil, if Lula wins, as progressive countries affected by narcotics can propose it as a block."

Honduras Sends in Military to Stop Illegal Coca Production. Honduran soldiers this week were on a mission to destroy a 75-acre coca field in the rugged mountains of Colon department. It's part of an effort by leftist President Xiomara Castro to prevent the country from becoming a cocaine producer. "In the operation, we are carrying out [they have seized] around 42 manzanas of coca bushes, with an approximate yield of one million 600 plants," the military said. There were also "eight nurseries with 50,000 plants ready for transplanting, six drug laboratories" and "three blocks of marijuana." More than 2.6 million coca plants have been seized this year, the military said. "We already have problems with being a transit and consumer country, but being a producer country would generate a criminality that we could not possibly control," it added.

Feds Charge Four Louisville Cops in Fatal Breonna Taylor Drug Raid, Thai Cannabis Tourism, More... (8/4/22)

Arkansas election officials knock a marijuana legalization initiative off the ballot -- at least for now -- San Francisco's new DA cracks down on drug dealers, and more.

Kentucky did not do it, but maybe the federal government can obtain justice for Breonna Taylor.
Marijuana Policy

Arkansas Panel Rejects Marijuana Legalization Initiative. The state Board of Election Commissioners on Wednesday blocked a marijuana legalization initiative from Responsible Growth Arkansas from appearing on the ballot in November. The board rejected the popular name and ballot title for the measure, which has already accumulated enough voter signatures to qualify for the ballot. Responsible Growth Arkansas says it will appeal to the state Supreme Court. The board said it rejected the measure because members believed the ballot title didn't fully explain the measure's impact, but Responsible Growth Arkansas said the amount of detail demanded would make the ballot title "thousands and thousands of words long."

Law Enforcement

Feds Charge Four Louisville Cops in Breonna Taylor Case. The FBI has charged four Louisville police officers for their actions leading up to and during a March 2020 drug raid on the apartment of medical worker Breonna Taylor, who was killed by police gunfire after her boyfriend shot at what he believed to be intruders trying to break into the residence. Those charged include former Louisville Metro Police Department (LMPD) officers Joshua Jaynes, Brett Hankison, and Kelly Hanna Goodlett, as well as current LMPD sergeant Kyle Meany was also arrested Thursday by the feds. The feds are charging the four with civil rights violations, which include charges of obstruction of justice for actions they took after the raid. The four officers largely escaped justice at the state level, with only one charged, and later acquitted -- not for shooting Taylor but for endangering the lives of neighbors by wildly shooting several rounds into the building. The killing of Taylor became a major rallying cry in the summer of protests sparked by the killing of George Floyd by Minneapolis police.

San Francisco DA Cracks Down on Drug Dealers. Newly-elected District Attorney Brooke Jenkins on Wednesday announced tougher new policies to hold drug dealers accountable, saying anyone caught with more than five grams of drugs would no longer be referred to the city's drug court, that she will make use of sentencing enhancements for drug dealing within a thousand feet of a school, and will seek pretrial detention of fentanyl dealers in "extreme" cases. The move comes as Jenkins replaces former progressive prosecutor Chesa Boudin, who was recalled amidst rising public concern over crime and squalor in the city. But the city's Public Defender called Jenkin's approach "regressive," saying it will disproportionately affect communities of color. "If District Attorney Jenkins truly wants to address the issues facing our city, she should not be relying on outdated and politically expedient soundbites about harsher enforcement," said Public Defender Mano Raju.

International

Brittney Griner Sentenced to 9 Years in Russian Penal Colony for Possessing Small Quantity of Cannabis Oil. American basketball star Brittney Griner was sentenced Thursday to nine years in a Russian penal colony after earlier being found of bringing cannabis oil into the country in her luggage. The guilty verdict was virtually a foregone conclusion in a criminal justice system that wins convictions in 99 percent of cases. Griner was detained by Russian authorities just a week before it invaded Ukraine, and her case is widely seen as part of the broader conflict between Russia and the United States over that conflict. Griner's attorneys say they will appeal the verdict. President Biden, who has been under pressure to win her release from her wife and the athletic community and whose administration is attempting to negotiate a prisoner swap for Griner, called her sentence "unacceptable," and vowed to continue all-out efforts to get her home.

Cannabis Cafes Emerge in Thailand. "Several" cannabis cafes have opened in Bangkok since the country decriminalized cannabis in June, despite the government's warning that the law's relaxation did not include recreational marijuana use. Recreational use has exploded under the new law, something that government officials have tried to discourage. Now, a parliamentary committee is working on a bill that could rejigger the rules and possibly impact the cannabis cafes. In the meantime, one café owner said his place had "hundreds" of customers every day. "Europeans, Japanese, Americans -- they are looking for Thai sativa. Cannabis and tourism are a match," he said.

California is One Signature Away from Okaying Safe Injection Sites [FEATURE]

The nation's most populous state is on the verge of approving safe injection sites in some of its largest cities. A bill that would do just that, Senate Bill 57, narrowly won its final vote in the legislature Monday, and Gov. Gavin Newsom (D) has previously signaled that he was "very open" to the law.

Vancouver's InSite safe injection site. Such facilities could be coming soon to some California cities. (vch.ca)
The bill authored by Sen. Scott Wiener (D-San Francisco) authorizes what it calls "overdose prevention programs" (or safe injection sites) as pilot programs in San Francisco, Oakland, the city of Los Angeles, and Los Angeles County. In each of those jurisdictions, city councils or boards of supervisors have requested inclusion in the bill and will decide whether and how to participate. The pilot program will run for five years, through January 1, 2028.

The legality of safe injection sites under federal law remains unclear. During the Trump administration, the Justice Department strongly opposed them and successfully blocked an effort to open one in Philadelphia, but the Biden administration Justice Department has expressed openness to the harm reduction intervention.

That uncertainty did not stop New York City from opening the first government-approved safe injection sites last November or Rhode Island passing legislation and following suit in March, although the Rhode Island sites are being hobbled by a lack of funding after legislators mandated that no government funds be used to operate them. And that uncertainty has not deterred lawmakers in Sacramento, either.

The California bill overcame extensive pushback, primarily from law enforcement, which argued that the sites failed to provide a strong enough path to drug treatment. Similar objections killed three previous attempts to pass safe injection site legislation by Sen. Susan Eggman (D-Stockton), including a 2018 bill that passed the legislature only to be vetoed by then-Gov. Jerry Brown (D).

It was supported by a broad coalition of organizations including the Drug Policy Alliance, San Francisco AIDS Foundation, California Society of Addiction Medicine, National Harm Reduction Coalition, Healthright 360, Tarzana Treatment Center, and the California Association of Alcohol & Drug Program Executives.

Support for the bill was also heightened by significant increases in drug use and overdoses since the beginning of the coronavirus pandemic. San Francisco saw a record number of overdose deaths in 2020, with 711 deaths total. In 2021, 640 people died of overdoses, and the city is on track to exceed that number this year. Statewide, approximately 10,000 people died of drug overdoses from April 2020 to April 2021.

"California -- like our nation as a whole -- is experiencing a dramatic and preventable increase in overdose deaths, and we need every available tool to help people stay alive and get healthy," said Senator Wiener after the final vote. "Safe consumption sites are a proven model to help people avoid overdose deaths, reduce HIV and hepatitis transmission, reduce syringe litter, and help people access treatment. This legislation isn't about whether we want people to use drugs. Rather, it's an acknowledgment that people *are* using drugs, and our choice is whether we want to make every effort to help them survive and get healthy. The time has come for California to adopt this proven overdose death prevention strategy."

Safe injection sites have been operating for decades in Europe, Canada, and Australia and have a proven safety track record. At the 170 safe injection sites that have operated around the world, not a single overdose death has been reported. In New York City, in the first three months of operation, staff at these sites were able to halt over 150 overdoses.

Safe injection sites are a proven harm reduction intervention that saves lives without increasing crime or disorder. The Biden administration does not appear to be inclined to claim they violate federal law and has made no move against the sites operating in New York and Rhode Island. It appears the path is open. All Gov. Newsom has to do is pick up his pen and sign the bill.

CA Safe Injection Site Bill Goes to Governer, WV Cities and Counties Settle with Opioid Distributors, More... (8/2/22)

Louisiana police can no longer search homes based on the odor of marijuana without a warrant, there is good polling for marijuana legalization in Missouri, and more.

The Vancouver safe injection site. California cities could soon follow suit. (vch.ca)
Marijuana Policy

Louisiana Cops Can No Longer Use Marijuana Odor as Excuse to Search Homes. As of Monday, police in the state are prohibited from searching people's residences based on the odor of marijuana unless they have a warrant. That is because the legislature this year passed and the governor signed into law Act 473, which mandates that: "Notwithstanding any provision of law to the contrary, the odor of marijuana alone shall not provide a law enforcement officer with probable cause to conduct a search without a warrant of a person's place of residence." Another new law, this one banning vaping or smoking marijuana in a vehicle, also went into effect Monday.

Missouri Poll Shows Strong Support for Marijuana Legalization. A new SurveyUSA poll of registered voters has support for marijuana legalization at 62 percent, including majorities of every demographic group except those over 65 and Republicans. While GOP voters did not show majority support, more Republicans supported legalization (47 percent) than opposed it (40 percent). The poll comes as marijuana legalization initiative awaits a decision a week from today on whether it has turned in enough valid voter signatures to qualify for the November ballot.

Opioids

West Virginia Cities and Counties Settle with Drug Firms Over Opioid Crisis. A group of cities and counties that sued drug distribution firms, accusing them of fueling a deadly wave of opioid use, have settled with three distributors for $400 million. The companies, AmerisourceBergen, Cardinal Health, and McKesson, were facing imminent trial in state court when they settled. Last month, a federal judge ruled against Cabell County and Huntington in similar claims. They are not included in the settlement announced Monday and plan to appeal the ruling that rejected most arguments made against the drug companies.

Harm Reduction

California Safe Injection Site Bill Heads to Governor's Desk. A bill that would allow four safe injection site pilot programs to get underway is now on the desk of Gov. Gavin Newsom (D). Sponsored by Sen. Scott Wiener (D-San Francisco), Senate Bill 57 got final approval in the Senate Monday. It had already passed the Senate earlier, but was amended in the House, necessitating a final concurrence vote. Under the bill, Los Angeles, Los Angeles County, Oakland, and San Francisco could open harm reduction centers as pilot programs lasting through January 1, 2028. "We're seeing an escalation in overdose deaths," Wiener said after Monday's vote. "These sites are a proven strategy to save lives and get folks into treatment. It's time." A similar bill passed in 2018, only to be vetoed by then-Gov. Jerry Brown (D). If Gov. Newsom signs the bill, California would follow Rhode Island as states that have okayed safe injection sites. A municipal safe injection site program is currently underway in New York City.

Poll Finds Support for Psychedelic Research for Military Members, Federal Marijuana Expungement Bill Filed, More... (8/1/22)

Last weekend's Lollapalooza festival in Chicago featured not only music but harm reduction measures, a new poll finds support for federal -- as opposed to state-level -- marijuana legalization, and more.

Chicago officials handed out Narcan and fentanyl test strips at last weekend's Lollapalooza festival. (Creative Commons)
Marijuana Policy

Bipartisan Federal Marijuana Expungement Bill Filed. Reps. Troy A. Carter, Sr. (D-LA) and Rodney Davis (R-IL) filed a bill last Friday that would pave the way for federal misdemeanor marijuana offenses to be expunged. The bill is the Marijuana Misdemeanor Expungement Act. "These misdemeanors -- even without a conviction -- can result in restrictions to peoples' ability to access educational aid, housing assistance, occupational licensing and even foster parenting," said Carter. "Delivering justice for our citizens who have been impacted by marijuana-related misdemeanors is a key component of comprehensive cannabis reform."

Americans Favor Federal Marijuana Legalization Mandate in Polling. Support for marijuana legalization remains high, but a new poll from The Economist and YouGov.com shows an increasing number of people want legalization to come from the federal government. Some 45 percent said the federal government should legalize it, while another 21 percent said legalization should primarily be left up to the states. Between them, that's two-thirds support for some form of freeing the weed. Only 20 percent thought "marijuana should be banned nationally."

Psychedelics

Poll Finds Majority Support Psychedelic Research for Military Members. A new poll from YouGov.com finds that 54 percent of respondents said they support "allowing research into the therapeutic potential of certain psychedelic substances for active-duty military members with post-traumatic stress disorder (PTSD)." Support was strongest among Democrats (60 percent), followed by independents (54 percent) and Republicans (45 percent). Reps. Alexandria Ocasio-Cortez (D-NY) and Dan Crenshaw (R-TX) both sponsored psychedelic research amendments that made it into the 2023 Fiscal Year National Defense Authorization Act (NDAA), which passed the House earlier this month.

Opioids

City of Chicago Warned Lollapalooza Festivalgoers About Fentanyl. The city's Department of Public Health last Friday issued an alert on its social media accounts warning fans of the massive Lollapalooza music festival that ended Sunday that fentanyl can easily cause an overdose and that they should take steps to know what is in their drugs. The city cautioned that fentanyl is being found not only in heroin, but also non-opioid drugs such as meth, Ecstasy, and cocaine. "Every year, we see young people end up admitted to the hospital because they've experimented -- at a time when we really want people to have fun, but have fun safely," said Public Health Commissioner Dr. Allison Arwady.

AZ Churches Sue Feds Over Ayahuasca Seizures, Schumer's Legalization Bill Coming Within Days, More... (7/20/22)

Indonesia's Constitutional Court rejects medical marijuana but calls for "immediate" study, DC Mayor signs bill providing workplace protections for marijuana users, more.

Weed will be on the Senate's mind next week. (Creative Commons)
Marijuana Policy

Senate Hearing on Marijuana as Filing of Legalization Bill Looms. The Senate Judiciary Subcommittee on Crime and Terrorism has scheduled a hearing for next Tuesday on "Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms." The hearing, led by Sen. Cory Booker (D-NJ), a strong proponent of Senate Majority Leader Chuck Schumer's pending legalization bill, the Cannabis Administration and Opportunity Act, comes amid word that the bill will drop any day now. Schumer has blocked incremental marijuana reforms, such as the SAFE Banking Act, saying he wants a full-blown legalization bill.

Kentucky Democrats Announce Plan for Legalization Bill. Frustrated by the failure of the Republican-controlled state legislature to act even on medical marijuana, state Democrats announced Thursday they will be filing legislation to legalize marijuana for both medical and recreational use. They said they would fill "LETT's Grow" bills in both house. LETT is short for Legalizing sales, Expunging crimes, Treating medical needs, and Taxing sales. "Our legislation is the comprehensive plan that Kentuckians deserve, and it builds on what's worked in other states while avoiding their mistakes," said Rep. Roberts of Newport. "This would be a boon for our economy and farmers alike, plus give state and local governments a major new source of revenue."

DC Mayor Signs Bill Providing Workplace Protections for Marijuana Users, Mayor Muriel Bowser (D) has signed into law a bill that most employers from firing or refusing to hire workers because they use marijuana. The bill would "prohibit employers from firing, failing to hire, or taking other personnel actions against an individual for use of cannabis, participating in the medical cannabis program, or failure to pass an employer-required or requested cannabis drug test, unless the position is designated safety sensitive or for other enumerated reasons." There are exceptions for police, safety-sensitive construction workers, people whose jobs require a commercial drivers' license, and people who work with children or medical patients. The new law must still be approved by Congress before it can go into effect.

Psychedelics

Arizona Churches Sue Over Seizure of Sacramental Ayahuasca. Two Arizona churches, the Arizona Yagé Assembly and the Church of the Eagle and the Condor, have filed suit in federal court over the seizure of ayahuasca, a key element in their religious practice, by federal agencies. In separate lawsuits, the two churches charge that the federal government has violated the constitutional right to the free exercise of religion, citing the Religious Freedom Restoration Act. That law bars the government from burdening the exercise of religion unless there is a compelling government interest and only if that action if the least restrictive means of furthering that interest.

The Church of the Eagle and the Condor says that US Customs and Border Protection has been seizing and destroying its ayahuasca since 2020. The churches say drinking ayahuasca is "an essential mode of worship" for members, but federal agencies say any possession of ayahuasca, a Schedule I substance, violates the Controlled Substances Act. "The church and its members are aware that their sacrament is proscribed by law, but they have partaken in their sacrament both before and after the United States made a credible threat of enforcement of the CSA against them," the suit says. "Plaintiffs are violating and intend to continue to violate applicable law, rather than compromise or terminate their sincerely held religious beliefs and practices."

International

Indonesia High Court Rejects Medical Marijuana But Calls for Immediate Study. The Constitutional Court on Wednesday nixed a judicial review of the country's drug law that could have opened the door for medical marijuana. Three mothers of children with cerebral palsy backed by civil society groups had sought the review, arguing that marijuana could be used medicinally to treat medical conditions. The court held there was insufficient research to rule in favor of the plaintiffs, but called on the government to "immediately" conduct research on the medicinal use of the herb… The results of which can be used to determine policies, including in this case the possibility of changing the law," said judge Suhartoyo.

Australia's First Drug Checking Site Opens This Week, TX Bill Would Make Legal Pot a Local Option, More... (7/19/22)

There are marijuana reform rumblings in the Lone Star State, Ohio becomes the latest state to see a fentanyl test strip decrim bill, and more.

Texas State Capitol (Daniel Mayer, Wikimedia)
Marijuana Policy

Texas Bill Would Let Cities, Counties Legalize Marijuana. State Rep. Jessica Gonzalez (D-Dallas) has filed a bill, House Bill 3248, that would let cities and counties the option of locally legalizing recreational marijuana use, possession, and sales. The bill would also impose a 10 percent tax on marijuana products, with 10 percent of that going to pay for regulation, another 10 percent to pay for marijuana testing and quality control, 20 percent to participating local governments for oversight, and the rest would go into the state school fund. "While Texas has made progress with the Compassionate Use Act, we have been left behind on a potential revenue source that would increase investments in public education, stop the unnecessary arrests for cannabis possession and create jobs in our state," González said. "We should allow our local communities to make the best decision for themselves in regards to cannabis legalization, and HB 3248 would allow that for adults 21 years or older." The bill faces long odds in the GOP-dominated legislature.

Medical Marijuana

Texas Agriculture Commissioner Calls for Expanded Medical Marijuana Access. State Agriculture Commissioner Sid Miller (R) says he supports the expansion of medical marijuana access and nodded toward other conservative states that have fully legalized medical use. Governments should only be able to make something illegal "for a powerful reason or set of fact," he wrote in a letter, comparing pot prohibition to the alcohol Prohibition of the 1920s. "As I look back, I believe that cannabis prohibition came from a place of fear, not from medical science or the analysis of social harm. Sadly, the roots of this came from a history of racism, classism, and a large central government with an authoritarian desire to control others. It is as anti-American in its origins as could be imaginable,"he wrote. It is time for all of us, including the Governor, members of the Texas Legislature and others to come together and set aside our political differences to have an honest conversation about cannabis: where we have been, where we are going and what role government should properly play," Miller ended his letter. "We owe it to our fellow Texans, especially those who are suffering, to lead or just get out of the way if we cannot formulate effective cannabis policy for Texas."

Harm Reduction

Ohio Bill Would Decriminalize Fentanyl Test Strips. Ohio could become the latest state to decriminalize or legalize fentanyl test strips as a harm reduction measure aimed at reducing overdose deaths. State Rep. Kristin Boggs (D-Columbus) has filed House Bill 456 would decriminalize fentanyl drug testing strips. They are currently classified as drug paraphernalia, but that hasn't stopped them from beginning to pop up in bar bathrooms in Cincinnati. Fentanyl, a synthetic opioid, is increasingly adulterating other illicit drugs or appearing as counterfeit prescription opioids. In Ohio, nearly two-thirds of 1,497 cocaine overdose deaths last year were caused by drugs laced with fentanyl. The bill has just been filed, but has garnered no opposition so far.

International

Australia's First Fixed Drug Checking Site to Open This Week in Canberra. Beginning on Thursday, Australia's capital city, Canberra, will host the country's first fixed location drug checking site. Previously, drug testing has twice been done at music festivals. The move comes as the Australian Capital Territory prepares to implement drug decriminalization. "This Australian-first program will help people who use drugs better understand or avoid unknown and potentially dangerous substances in illicit drugs," said ACT Health Minister Rachel Stephen-Smith.

"We know the safest option is not to take drugs and this will always be our advice to the community. However we recognize some people will choose to use drugs and there is a need for initiatives that reduce the harms associated with drug use."

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