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Rhode Island Marijuana Legalization Bill Rolled Out [FEATURE]

Rhode Island took a big step toward marijuana legalization this week as a long-awaited compromise marijuana legalization bill rolled out. On Tuesday, Sen. Joshua Miller (D-Cranston, Providence) and Rep. Scott Slater (D-Providence) introduced identical House and Senate bills to legalize, regulate and tax recreational marijuana in the state.

The bill, the Rhode Island Cannabis Act (Senate Bill 2430 and House Bill 7593) would legalize the sale of up to one ounce of marijuana for those age 21 and up, with no more than 10 ounces for personal use kept in a primary residence, effective October 1. It would also allow Rhode Islanders to grow three plants at home.

And this looks like the year it could actually get done. Democratic Gov. Dan McKee (D) is down for legalization and included a proposal to end cannabis prohibition as part of his annual budget plan in the form of House Bill 7123 in January.

Similarly, House Speaker Joe Shekarchi (D), who has been working with the governor and lawmakers to find a compromise between differing approaches, is now on board and calls legalization "inevitable." Likewise, Senate Majority Leader Michael McCaffrey (D-Warwick) is fully supportive.

"We've been working hard since the end of last session to establish consensus on the details, but our efforts to address the issue have been going on for many years, during which time our neighboring states have already made this move ahead of us. Rhode Island is now behind them from a competitive standpoint, since it's fairly easy for most Rhode Islanders to cross the state line to make a legal purchase," McCaffrey said in a statement on Tuesday. "The truth is, legal cannabis is already widely available to Rhode Islanders, but the resulting revenue is not. With this bill, we will create jobs, revenue and control in our own state, and help address some of the inequities that have resulted from prohibition."

The main bone of contention had been who would regulate the legal market, and this legislation addresses that with a sort of hybrid consisting of a new independent Cannabis Control Commission and a Cannabis Office within the Department of Business Regulation. The two agencies, along with a new advisory board, would share responsibility for overseeing the operation of the market.

The bill would allow up to 33 retail pot shop licenses distributed in six zones statewide, including nine compassion centers that could potentially be hybrid recreational and medical retailers. It addresses social equity concerns by requiring that 25 percent of new retail licenses go to applicants who qualify as social equity businesses and another 25 percent of licenses go to worker-owned cooperatives. There is also a funding stream for social equity grants and job training to be generated by fees.

Retail marijuana could be taxed at up to 20 percent via a sales tax of 7 percent, a local sales tax of 3 percent, and an excise tax of 10 percent. State tax revenues would go to the general fund and could be used to pay for expenses related to running a legal marijuana system.

"The time for Rhode Island to move forward with cannabis legalization is now. This historic shift in public policy will create a vibrant new marketplace in our state and end the failed practice of prohibition, which has caused such harm to so many in our communities. To help address those past wrongs, and to ensure all Rhode Islanders have the opportunity to share the economic benefits associated with legalization, equity is a central focus of this legislation," said Sen. Miller chairman of the Senate Health and Human Services Committee, in his statement announcing the legislation.

"It is the right public policy for Rhode Island to make cannabis possession and sales legal. We have been studying legalization proposals here for many years, and we now can look to our neighboring states' experiences and see that taxing and regulating cannabis makes sense," said Rep. Slater. "I'm especially proud that we have made a very deliberate effort to address social equity through this bill. We have to recognize the harm that prohibition has done to communities, particularly minorities and poor, urban neighborhoods, and ensure that those communities get the support they need to benefit from legalization."

At the Tuesday rollout, legislative leaders made it clear that while the bill is the result of months of negotiations, it is only at the beginning of the legislative process, and the sausage is about to be made.

"I want to emphasize that the bill introduced today is not the final product -- rather, it is the beginning of the public process of legalizing cannabis for recreational use in Rhode Island," Shekarchi said in a statement during the rollout. "We welcome input from the public as to whether or how we should implement recreational usage, and I expect robust discussions with House membership as well."

Still, it seems like the stars are aligning for marijuana legalization this year in the Ocean State. Stay tuned.

J&J and Drug Distributors Settle Opioid Lawsuits, SD Gov Cool to MJ Legalization Bill, More... (2/25/22)

An Idaho legislator worried that substitute teachers are selling drugs to kids gets a teacher testing bill out of committee, Tennessee is the latest state to see a fentanyl test strip legalization bill, and more.

Marijuana Policy

South Dakota Governor Suggests Possible Veto of Marijuana Legalization Bill. Gov. Kristi Noem (R) sounded skeptical of a marijuana legalization bill, Senate Bill 3, which has just passed the Senate, at a Wednesday press conference. Noem did not give a direct answer when asked about the issue, saying "it's hard to talk in hypotheticals," and she's "not in favor of recreational marijuana." She added that, "I still believe I haven't seen anybody get smarter from smoking dope." Voters approved marijuana legalization in 2020, only to see their decision overturned by the state Supreme Court. The activists behind the 2020 campaign are now signature gathering for a new initiative, but say they will desist if a workable legalization bill becomes law.

Opiates and Opioids

Johnson & Johnson, Drug Distributors Reach Settlement Over Opioid Lawsuits. Three of the country's largest drug distributors -- McKesson, Cardinal Health and AmerisourceBergen -- and drug maker Johnson & Johnson announced Friday that they had reached a settlement with the vast majority of states and localities that had sued them over their role in the nation's early-century opioid crisis. The companies have agreed to pay out $26 billion to settle those thousands of claims, with the first checks set to go out in April with at least 85 percent of the payments dedicated to addiction treatment and prevention services. The distributors and Johnson & Johnson released statements Friday morning, noting that the deal is not an admission of wrongdoing and that they strongly dispute the allegations. The distributors said in a joint statement that they believed that "the implementation of this settlement is a key milestone toward achieving broad resolution of governmental opioid claims and delivering meaningful relief to communities across the United States that have been impacted by the epidemic."

Drug Testing

Idaho House Committee Advances Bill Requiring Drug Testing for Substitute Teachers. Ignoring the objections of state school officials, the House Education Committee voted 8-7 Thursday to approve a bill requiring mandatory pre-employment drug testing of all substitute teachers, at a time when school districts are scrambling for substitute teachers. School officials called the proposed law unworkable and noted that districts already have their own drug testing policies. "It is unnecessary, and further, we have a policy at the local level," Karen Pyron, superintendent of the Butte County School District, told the committee. "It adds cost and inconvenience and an additional burden to our rural schools," she said. But bill sponsor, Rep. Judy Boyle (R-Midvale) retorted that she had "tremendous concerns." Substitute teaching "is a very easy way to access children and sell drugs to them," she claimed. Her reasoning prevailed in the narrowly divided committee, and House Bill 651 now heads for a House floor vote.

Harm Reduction

Tennessee Fentanyl Test Strip Bill Filed State Sen. Richard Briggs (R-Knoxville) has filed a bill to legalize fentanyl testing strips, Senate Bill 2427. They are currently considered drug paraphernalia under state law. "SB 2427 is very important for Tennessee, especially East Tennesse, where we've had a very large number of deaths from drug overdoses," said Briggs. "This bill legalizes a tool that can help save lives from drug overdoses in our state." The bill would sunset after three years unless it was renewed. The House Criminal Justice Committee is set to discuss the bill on March 2.

Where Marijuana Legalization Could Win at the Statehouse in 2022 [FEATURE]

Nearly a decade after voters in Colorado and Washington led the way, marijuana is now legalized for adult use in 18 states, the District of Columbia, and the territory of Guam. In nearly every state where it is not yet legal, there are efforts underway to change the status quo. With support for marijuana legalization at a record high 68 percent in the most recent Gallup poll, one would be forgiven for thinking that more states are ready.

In some states, activists following the well-worn path of the voter initiative to free the weed; in others, legislators are pursuing a hybrid strategy combining legislative and voter approval. See our earlier rundown of initiative and hybrid efforts here.

But in a number of remaining pot prohibition states, it is up solely to the legislature to get legalization done, whether directly via legislation or by initiating a voter referendum. While legalization bills have been filed in most, if not all, prohibition states, many will fail to pass the legislature, win a chamber floor vote, or even get a committee vote. So, who is going to get it done in 2022? With a big tip of the hat to Ballotpedia, Marijuana Moment, and NORML, who are all keeping an eye on the action, here are some of he states where the odds are best:

Delaware

Last week, a marijuana legalization bill cleared the last hurdle before a House floor vote when the House Appropriations Committee advanced House Bill 305. The bill would allow legal personal possession of 1 ounce of marijuana for adults ages 21 or older and set up a framework for its taxation and sale. It allocates 30 retail sale licenses, 30 manufacturing licenses, 60 cultivation licenses and five testing licenses to be issued within 16 months of the bill's approval.

The committee "walked the bill," which allowed it to advance without a public hearing. The bill had already been approved by the House Health and Human Services Committee. The last time a legalization bill got a House floor vote, back in 2018, it lost by four votes.

This time, the Democrats control both the House and the Senate, as well as the governorship. In the House, Democrats have 26 seats to the GOP's 15, while in the Senate, Democrats have 14 seats to the GOP's seven. And they are going to need virtually all of them to get the bill through owing to a 60 percent super-majority vote requirement because the bill deals with licensing and fees. That same super-majority for legalization may be needed to get the bill past Governor John Carney, who publicly opposed marijuana legalization last year and reiterated that last month,

Maryland

Delegate Luke Clippinger (D), chairman of legislative group studying the issue of marijuana legalization, has filed House Bill 1, which, if passed, would place before voters the following question: "Do you favor the legalization of adult -- use cannabis in the State of Maryland?" If voters approved it, the General Assembly would then be charged with writing the rules covering "use, distribution, possession, regulation, and taxation of cannabis."

The bill is moving, pushed along by powerful legislators. It was House Speaker Adrienne Jones (D) who formed the marijuana working group, and Clippinger is not only chairman of the group but also chairman of the Judiciary Committee, which advanced the bill to the House floor this week. There, it passed a second floor reading and is now headed for a final House floor vote as early as Friday.

Also headed for a final House floor vote is an accompanying bill sponsored by Clippinger, House Bill 837, that includes measures to implement legalization if voters approve it. It sets 1.5 ounces as the legal possession limit for adults and decriminalizes between 1.5 and 2.5 ounces, as well as automatic expungement for past conduct made legal by the law.

If passed by the House, the measures would still have to be approved by the Senate. Senate President Bill Ferguson (D), though, seems more inclined to support getting a straight legalization bill passed before November than going down the referendum route. One bill that would do that, Senate Bill 692, from Sen. Jill Carter (D), would legalize up to four ounces and allow home cultivation of up to six cannabis plants. Possession in excess of those limits would carry no more than a $150 fine, and past criminal records would be cleared for certain cannabis-related charges.

But there is also a Senate bill that parallels the House measure by seeking voter approval of a marijuana legalization constitutional amendment. That bill, Senate Bill 833, would allow home grows of up to four plants. Either way would work.

Minnesota

After a torturous process that saw it move through a dozen House committees, a marijuana legalization bill, House Fill 600, passed the House in May 2021, only to be stalled in the Senate. It is still alive in this, the second year of the bicameral session, and the House may even revisit it for refinements, but the question is whether the GOP-controlled Senate will be more eager to engage this year.

So far, there is little sign of that, as even Democratic legislative leaders concede. As for the companion to the House bill, Senate File 757, the legislative website reports that "No Senate Committee Hearing or Action has Been Recorded." Still, it ain't over until it's over.

New Hampshire

In January, the Republican-dominated House passed a bill, House Bill 629-FN, that would legalize the possession and unremunerated gifting of up to three-quarters of an ounce of marijuana but would not allow commercial production and sales. That vote came after defeating a broader legalization bill that would have allowed such commerce.

And then this month, the House approved another marijuana legalization bill, House Bill 1598, that would legalize the possession of up to four ounces and allow for sales through state-run pot shops but not allow for home cultivation. But because that bill has fiscal components, it must go back to the House Finance Committee and then be approved once more by the House before heading to the Senate.

The Senate, though, is where New Hampshire legalization bills go to die. That has been the fate of all four previous legalization bills passed by the House, but with the state surrounded by legal marijuana states and the issue garnering overwhelming popular support in the Granite State, this year could be different. But the legislature would have to pass any bill with a veto-proof majority, given the longstanding opposition of Gov. Chris Sununu (R).

Rhode Island

Rhode Island is close. The Senate passed a legalization bill last June, Senate Bill 568, and Gov. Dan McKee (D) included legalization in his budget proposalin the form of House Bill 7123. Lawmakers are reportedly working on a compromise between the Senate bill, which envisioned up to 150 retail outlets, and the governor's initial plan, which called for only 25 retail licenses. Both the Senate bill and the governor's plan include social equity provisions.

A key player, House Speaker Joe Shekarchi (D) says there is only one issue holding up a final agreement: who will regulate the legal marijuana market? Will it be an independent commission or the State Bureau of Business Regulation? But Shekarchi also said the issue now is not whether to legalize but how to, and that legalization is "inevitable."

NY Governor Signs Bill to Let Hemp Growers Grow Marijuana, Avocado Imports Resume After Cartel Threat, More... (2/23/22)

A new poll finds three out of four Floridans are ready to legalize marijuana, the Supreme Court asks the Justice Department to file a brief in a pair of medical marijuana workmen's compensation cases, and more.

Marijuana. It is popular in Florida. (Creative Commons)
Marijuana Policy

Poll Finds Floridians Ready for Marijuana Law Reform. A new poll from the University of North Florida's Public Opinion Research Lab revealed three in four Floridians are ready to legalize pot. Some 76 percent of respondents supported allowing people to legally possess small amounts of marijuana, with just 20 percent oppose. That same 76 percent support figure came among Democrats, while even among Republicans, support was at 64 percent. Among independent voters, support was at 90 percent. Despite strong support for legalization, there is no sign the GOP-dominated state legislature is ready to embrace it, leaving a 2024 initiative campaign as the most likely path to progress.

New York Governor Signs Bill Allowing Hemp Farmers to Grow Marijuana This Season. Governor Kathy Hochul (D) on Tuesday signed into law S08084A, which will allow existing licensed hemp farmers to grow and process marijuana for the adult market this year. Hochul said the bill would help establish a safe, equitable, and inclusive new industry. It creates a new Conditional Adult-Use Cannabis Cultivator license for hemp farmers who want to make the transition. Licensees will be required to create "safe, sustainable and environmentally friendly cultivation practices, participate in a social equity mentorship program, and engage in a labor peace agreement with a bona fide labor organization."

Medical Marijuana

Supreme Court Asks Feds to Weigh in on Medical Marijuana Workers Compensation Cases. The Supreme Court has asked the Justice Department to submit a brief in a pair of workmen's compensation cases revolving around medical marijuana. The question is whether federal law protects employers who do not cover medical marijuana costs for workers injured on the job even in states that require it. The answer will depend on an interpretation of the constitution's supremacy clause. The cases involve Minnesota workers who sought workers compensation for medical marijuana expenses after being hurt on the job. The Minnesota Supreme Court has ruled that the claims were invalid because marijuana remains illegal under the federal Controlled Substances Act.

International

US Resume Avocado Imports from Mexico, Paused by Potential Cartel Threat. Guacamole lovers, take heart! A week-long shutdown of avocado imports from Mexico prompted by threats to US Department of Agriculture inspectors in the state of Michoacan has ended. "The safety of USDA employees simply doing their jobs is of paramount importance," the agency said. "USDA is appreciative of the positive, collaborative relationship between the United States and Mexico that made resolution of this issue possible in a timely manner." The threats are being blamed on the Jalisco New Generation Cartel (CJNG), which is fighting local cartels for control of not only drug trafficking but also control over the lucrative avocado crop in the area.

NY Marijuana Licensing and Equity Bill Goes to Governor, Italian High Court Throws Out Plants Referendum, More... (2/17/22)

An Alabama marijuana decriminalization bill advances, so does a Hawaii bill that would legalize marijuana for people over 65, and more.

There are moves afoot to ease access to medical marijuana for senior citizens. (Sandra Yruel/DPA)
Marijuana Policy

Alabama Marijuana Decriminalization Bill Wins Senate Committee Vote. The Senate Judiciary Committee on Wednesday approved Senate Bill 160 on a 5-4 vote. The bill, filed by Sen. Bobby Singleton (D), would decriminalize the possession of up to two ounces and make possession of more than two ounces a misdemeanor punishable only by a maximum fine of $250. A second offense would net a $500 fine, while a third offense would be considered a Class D felony, but still punishable only by a $750 fine. The bill also provides a mechanism for expungement of past offenses. A similar measure passed the committee last year, only to die without a floor vote.

New York Legislature Approves Marijuana Licensing and Equity Bill. The Senate and the Assembly have both approved Assembly Bill 1248, the Marihuana Regulation and Taxation Act. The measure provides provisional marijuana cultivation and processing licenses for existing hemp businesses if they take steps to promote equity in the nascent industry. The measure passed the Senate on a 50-13 vote Tuesday and passed the Assembly on a 99-43 vote Wednesday. The bill now goes to the desk of Gov. Kathy Hochul (D).

Medical Marijuana

Hawaii Senate Committee Approves Bill to Legalize Marijuana for People 65 and Over. In a bid to ease access to medical marijuana for senior citizens, the Senate Health Committee approved a bill that would allow people 65 and over to automatically qualify for medical marijuana regardless of whether they have a qualifying condition, in effect legalizing possession for seniors. The bill passed the committee on a 3-0 vote. It would alter the state's medical marijuana law by adding to the language requiring that patients be diagnosed "as having a debilitating medical condition" that medical marijuana will be available to anyone "who has reached the age of sixty-five."

DC Mayor Signs Bill to Let People Over 65 Get Medical Marijuana Without a Doctor's Recommendation. Mayor Muriel Bowser (D) has signed into law the Medical Marijuana Patient Access Extension Emergency Amendment Act of 2022, which will allow people 65 and over to self-certify their eligibility for medical marijuana without getting a doctor's recommendation. The bill also creates a medical marijuana tax holiday coinciding with 4/20 and extends the registration renewal deadline for patients.

International

Italian Constitutional Court Vetoes Plants Referendum. The Constitutional Court on Wednesday threw out a proposed referendum to decriminalize marijuana, psilocybin and some other plants, with cultivation legalized, saying that it included other substances considered to be hard drugs. "This is enough to make us violate multiple international obligations," said Giuliano Amato, the Constitutional Court president. The decision prompted the ire of referendum advocates, who had gathered more than half a million signatures in just about one week to place the measure before voters. The decision was "a terrible blow to democracy," said lawmaker Riccardo Magi, a leading advocate.

MD Lawmakers Take Up Marijuana Legalization, Former Honduras Prez Detained on US Drug Charges, More... (2/15/22)

The Oregon Health Authority has released draft rules for therapeutic psilocybin, the New Mexico legislature approves legalizing fentanyl test strips, and more.

Former Honduran President Juan Orlando Hernandez (Creative Commons)
Marijuana Policy

Alabama Marijuana Decriminalization Bill Filed. Senator Rick Singleton (R) has filed a bill to decriminalize the possession of small amounts of marijuana. Senate Bill 160 would make first offense possession of more than two ounces a misdemeanor but with a maximum penalty of a $250 fine, a second offense would be a $500 fine, and a third offense would merit a felony charge and a $750 fine but no jail time. Possession of less than two ounces would also be subject to a $250 fine but would only be an infraction. Under current state law, possession of any amount of marijuana is a misdemeanor punishable by up to a year in jail.

Maryland Lawmakers Begin Work on Marijuana Legalization as Plans for Referendum Quicken. Lawmakers in Annapolis have begun working on a pair of bills aimed at legalizing marijuana in the state. The first bill, House Bill 1, sponsored by Del. Luke Clippinger (D), chair of the House Judiciary Committee, would put the question of legalization before the voters in November, while the second bill, House Bill 837, also from Clippinger, provides a framework for lawmakers to come up with a scheme for taxation and regulation.

If the referendum bill is approved by both lawmakers and voters, possession of up to 1.5 ounces of marijuana would become a civil violation punishable by only a $100 fine starting January 1, 2023. And expungement of past possession convictions would be automatic. The legislation would also require the state to conduct a "disparity study" to evaluate barriers groups may face in gaining access to the legal industry.

Psychedelics

Oregon Releases Draft Rules for Therapeutic Use of Psilocybin. The state health department has released draft rules for the therapeutic use of psilocybin. The move is in response to the passage of Measure 109 in November 2020, which gave the state two years to come up with a framework for regulating magic mushrooms for therapeutic purposes. While most of the draft rules deal with how to credential and evaluate training programs for those administering psilocybin, one rule specifies that only one species of mushroom, psilocybe cubensis, will be allowed. Growers would not be allowed to use dung or wood chips to cultivate mushrooms or make synthetic psilocybin and would also not be able to make products that might appeal to children, such as "products in the shape of an animal, vehicle, person or character."

Harm Reduction

New Mexico Legislature Approves Fentanyl Test Strip Bill. The state Senate on Monday gave final approval to House Bill 52, which legalizes test strips that can detect the presence of fentanyl. The move is a bid to reduce overdoses. Overdoses linked to fentanyl began climbing in the state in 2019. The bill has already passed the House and now goes to the desk of Gov. Michelle Lujan Grisham (D), who supports it.

International

Former Honduran President Detained on US Drug Charges. Former Honduran President Juan Orlando Hernandez, who left office less than a month ago, has been detained by Honduran authorities to face extradition to the US to face drug charges. An extradition request presented to the Honduran Supreme Court accuses Hernandez of participating in a "violent drug-trafficking conspiracy" that transported 500 tons of cocaine from Colombia and Venezuela to the US since 2004. His brother, Juan Antonio Hernandez, is already doing a life sentence in the US for drug trafficking, and so is another trafficker, Geovanny Fuentes, who implicated Hernandez in the conspiracy. It is not clear if or when Hernandez will be extradited; the Supreme Court judge who will hear his case is affiliated with his political party and has a history of freeing suspects in corruption cases.

Schumer Says Marijuana Legalization Bill Coming in April, Study Questions Reliability of Maternal Drug Testing, More... (2/7/22)

Wisconsin's governor vetoes a bill that would have dramatically hiked criminal penalties for butane marijuana extraction, the Jalisco New Generation Cartel is now making bombs to deploy against the military, and more.

Marijuana legalization could be coming to the Senate in April. (Creative Commons)
Marijuana Policy

Schumer Says He Aims to File His Marijuana Legalization Bill in April. Senate Majority Leader Chuck Schumer (D-NY) announced last Friday that he plans to formally introduce his marijuana legalization bill in April. "In the coming weeks, we're ramping up our outreach -- and we expect to introduce final legislation. Our goal is to do it in April," Schumer said. "Then we begin the nationwide push, spearheaded by New York, to get the federal law done. As majority leader, I can set priorities. This is a priority for me." Schumer's bill, the Cannabis Administration and Opportunity Act (CAOA), was first released in draft from last July, and advocates had grown increasingly impatient with the lack of movement since then, especially after he blocked passage of the SAFE Banking Act, which the House had approved and attached to a defense spending bill. But now, Schumer has signaled movement ahead.

Wisconsin Governor Vetoes Bill to Ramp Up Penalties for Marijuana Extraction. Gov. Tony Evers last Friday vetoed a bill that would have significantly increased criminal penalties for people using butane or similar fuels to process marijuana for extracts. The measure, Assembly Bill 440, would have made using butane to extract marijuana a Class E felony punishable by up to 15 years in prison. It is currently a Class I felony with a maximum 3 ½ year sentence. In his veto message, Evers said, "I am vetoing this bill in its entirety because I object to increasing criminal offenses or penalties related to marijuana use," adding that "marijuana criminalization has had a disproportionate impact on communities of color, especially in Wisconsin." Evers supports marijuana legalization, but has made no headway with the Republican-led legislature.

Drug Testing

Study Questions Reliability of Maternal Drug Testing. A study presented at 2022 Pregnancy Meeting of the Society for Maternal-Fetal Medicine last Friday is raising more questions about the drug testing of pregnant women after it found that maternal urine samples and samples of the meconium from their newborn babies frequently produce different results. That disagreement (or "discordance") could trigger inappropriate interventions by child protective services, including separation of infants from their mothers, the researchers said.

"There's a very big debate right now in the obstetrics and perinatology communities about the utility of biochemical testing and the identification of high-risk women," said lead author Cassandra Heiselman, DO, MPH, clinical assistant professor in the Department of Obstetrics, Gynecology and Reproductive Medicine at the Renaissance School of Medicine at Stony Brook University, Stony Brook, New York, told Medscape Medical News. "We know that each biochemical test has limitations, which can include basically the inability to detect all substances, especially synthetic opioids like fentanyl, [and] the possibility for false results."

Ironically, marijuana use was the most common factor associated with a positive meconium test. "Some studies have shown cannabis use in the second trimester can show up in meconium testing even if the mother has stopped that behavior," Heiselman said. "Then there is also cross-reactivity with other substances that can lead to higher false positive results, especially in the urine toxicology."

International

Mexican Drug Cartel Turns to IEDs to Use Against Army as Drug War Rages On. In a first in Mexico's drug wars, the Jalisco New Generation Cartel has deployed homemade bombs, or improvised explosive devices (IEDs) against the Mexican military. The attacks came on Saturday in Tepalcatepec in the western state of Michoacan, which has been riven with criminal conflicts for months. The bombs were described as pipe bombs with a cone-shaped cap to direct the explosion. Local self-defense forces fighting the cartel said the bombs did extensive damage to a military armored vehicle. This is just the latest escalation for the cartel, which last month resorted to dropping bombs from drones on its rivals.

Mississippi Becomes Latest State to Legalize Medical Marijuana [FEATURE]

With the signature of Gov. Tate Reeves (R) on a compromise medical marijuana bill on Wednesday, Mississippi becomes the 37th state to legalize the use of marijuana for medicinal purposes.

Mississippians should see dispensaries operating before year's end. (Sondra Yruel/Drug Policy Alliance)
Mississippi voters had overwhelmingly approved medical marijuana at the polls in November 2020, passing a broad medical marijuana measure, Initiative 65, with 74% of the vote (and rejecting a more restrictive legislative alternative, Initiative 65A.) But that victory was nullified by the state Supreme Court, which ruled that the state's signature gathering requirements for initiatives could not be complied with, invalidating not only Initiative 65 but also the whole initiative process in the state.

Heedful of the will of the people, both the legislature and the governor vowed to get a medical marijuana bill passed. The Supreme Court ruling was in May 2021; it took until now for the executive branch and the legislative branch to come to agreement on how to replace what the judicial branch threw out. Meanwhile, patients waited increasingly impatiently.

They got medical marijuana, but in a more restrictive form that what the voted for back in 2020. The Mississippi Medical Cannabis Act (Senate Bill 2095) allows patients to purchase smokeable marijuana, but only ¾ of an ounce per week, and there is no provision for home cultivation. Marijuana flower must be no more than 30 percent THC, while concentrates must be no more than 60 percent.

People with a specified list of conditions -- cancer, Parkinson's, Huntington's, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, amyotrophic lateral sclerosis (ALS), Crohn's, ulcerative colitis, sickle cell anemia, Alzheimer's, agitation of dementia, PTSD, autism, pain refractory to opioid management, diabetic/peripheral neuropathy, spinal cord disease, or severe injury -- qualify for medical marijuana.

People with chronic medical conditions that produce wasting, severe nausea, seizures, severe muscle spasms, and chronic pain also qualify, but chronic pain is narrowly defined as "a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by a practitioner."

Doctors, certified nurse practitioners, physician assistants, and optometrists can all sign recommendations for patients if they believe the patient "would likely receive medical or palliative benefit" from medical marijuana. But before they can do that, they have to have completed eight hours of continuing medical education courses on medical marijuana (and five hours each year after that) and have performed an in-person examination of the patient.

People who want to get in the medical marijuana business can obtain licenses if they pay nonrefundable application fees ranging from $1,500 for a 1,000-square foot canopy micro-cultivator license to $100,000 for the largest operators. There is no cap on the number of medical marijuana businesses. There will be a wholesale tax of 5 percent in addition to the state sales tax of 7 percent.

Marijuana reform advocates generally praised the passage of the bill, though with some reservations.

"With this victory, tens of thousands of Mississippians with debilitating health conditions will finally be able to safely and legally access something that can alleviate their pain and improve their quality of life. Mississippi now serves as the latest example that medical cannabis legalization is possible in any state in the country. We are hopeful that this move will add to the growing momentum towards cannabis policy reform in the South," said Toi Hutchinson, president and CEO of the Marijuana Policy Project (MPP) in a press release.

"Marijuana access is long overdue for Mississippi's patients," NORML's State Policies Manager Jax James said in a blog post. "The overwhelming majority of voters decided in favor of this policy change over a year ago, and for the past 14 months the will of the people has been denied."

But James also expressed disappointment in some of both what the bill does contain and what it does not.

"We remain concerned that lawmakers saw fit to add unnecessary taxes on cannabis products, that patients are prohibited from home-cultivating limited amounts of cannabis for their own personal use, and that those with chronic pain are restricted from accessing cannabis products until first using more dangerous and addictive substances like opioids," she said.

For MPP, though, the bottom line was that another state now allows patients access to medical marijuana.

"Despite tremendous support, Mississipians faced an uphill battle for a medical cannabis program. With this new law, justice has finally prevailed. Patients in Mississippi who are seriously ill will no longer be subject to arrest and criminal penalties for using medical cannabis and instead will be met with compassion. We applaud the legislature for working to restore the will of the voters in one of the most conservative states in the nation and Gov. Reeves for signing it into law," said Kevin Caldwell, MPP Southeast legislative manager.

The state Department of Health will begin issuing patient registry cards in 60 days, begin accepting applications from practitioners and begin licensing marijuana businesses other than dispensaries within 120 days, and licensing dispensaries within 150 days. The clock is ticking.

SAFE Banking Act Gets Another Chance in the House, Opioid Makers Settle with Native American Tribes, More... (2/2/22)

An Arizona judge upholds social equity provisions in the state's marijuana law, the SAFE Banking Act will get another House floor vote, and more.

Marijuana Policy

SAFE Banking Act Heading for Another House Floor Vote. The House Rules Committee has cleared the way for the Secure and Fair Enforcement (SAFE) Banking Act to get another chance at passage. The bill, which aims to provide protections for financial institutions doing business with state-legal marijuana businesses, had passed out of the House as part of a defense appropriations bill but was killed by Senate negotiators who favored a vote on marijuana legalization first. Last week, bill sponsor Rep. Ed Perlmutter (D-CO) offered it as an amendment to a large-scale tech and manufacturing research and innovation bill, and on Tuesday, the Rules Committee determined the proposal to be in order, meaning it will be taken up by the House as part of that larger bill.

Arizona Judge Upholds Rules for Social Equity Marijuana Licenses. Maricopa County Superior Court Judge Randall Warner on Tuesday threw out a lawsuit challenging the state's rules implementing a program aimed promoting social equity in the marijuana industry. The program is reserving 26 marijuana business licenses for "people from communities disproportionately impacted by the enforcement of previous marijuana laws." The lawsuit filed by the Greater Phoenix Urban League and a business argued that the rules lack a means to prevent license transfers and to ensure that profits remain in communities, but Judge Randall held that the rules satisfied the broad mandates under the state's voter-approved marijuana legalization law.

Medical Marijuana

Minnesota Patients Can Buy Buds Beginning in March. Patients registered in the state's Medical Cannabis Program will be eligible to buy dried cannabis flower for smoking from the state's medical cannabis dispensaries starting March 1. In preparation for the change, registered patients interested in smokable cannabis can make an appointment for a consultation with a medical cannabis dispensary pharmacist beginning Feb. 1 so they will be pre-approved to buy pre-packaged dried flower and pre-rolls once available. Consultations, which can be in-person or virtual, are required when a patient changes the type of medical cannabis they receive. Smokable cannabis may be available a few days before March 1, if the state's relevant administrative rules are finalized early. Patients should check with their medical cannabis dispensary for further details. The sale of smokable cannabis is limited to patients and caregivers who are 21 years or older and who are registered with the Medical Cannabis Program.

Opioids

Drug Distributors, Johnson & Johnson Settles with Native American Tribes Over Opioid Distribution. Three drug distributors -- McKesson, Cardinal Health, and AmerisourceBergen -- and drug manufacturer Johnson & Johnson have reached a $665 million settlement with Native American tribes regarding the flood of prescription opioids into Native communities. More than 400 tribes sued the companies for producing and shipping opioids to the tribes regardless of concerns about overdoses and other health issues. The companies maintain they followed federal law and did nothing wrong but agreed to the settlement anyway. The lawsuit is part of a broader push-back after an expansion of opioid prescribing in the late 1990s and early 200s that has seen numerous lawsuits against drug companies, as well as reductions in opioid prescribing, which has left some chronic pain patients in the lurch.

Medical Marijuana Update

Fourteen months after voters approved medical marijuana at the polls only to see it thrown out by the state Supreme Court, Mississippi legislators have reached an agreement on a medical marijuana bill, and more.

Idaho

Idaho Bill Would Allow Use of Spray Derived from Marijuana. A pair of Republican legislators have filed a bill, House Bill 446, that would allow people suffering from multiple sclerosis and other neurological disorders to have access to a pain relief spray derived from marijuana. The spray, Nabiximols, is manufactured by GW Pharma and is currently undergoing clinical trials for possible approval by the Food & Drug Administration. It contains a mix of CBD and THC, and would be the second such drug. The legislation was introduced in the House Health and Welfare Committee on a voice vote and can now come back to the committee for a public hearing. Idaho has been one of the most recalcitrant states when it comes to marijuana law reform. Last year, a medical marijuana bill in the House didn't even receive a hearing, while the Senate approved a constitutional amendment that would give the legislature -- not voters in an initiative -- sole authority to legalize marijuana or any other drugs.

Mississippi

Mississippi Lawmakers Reach Agreement on Medical Marijuana Bill. House and Senate lawmakers announced Tuesday that they had reached an agreement on medical marijuana legislation and were preparing to finalize details of the legislation this week before sending the bill to Gov. Tate Reeves (R). The bill was amended in the House to reduce the amount of medical marijuana available each month for patients, in line with the concerns of Gov. Reeves. The agreement comes more than a year after voted approved a medical marijuana initiative only to see it overturned by the state Supreme Court.

Nebraska Restrictive Medical Marijuana Bill Filed in Bid to Blunt Initiative Campaign. Conservative state Sen. Mike Groene (R-North Platte) has filed a bill, LB 1275, that would allow patients with stage IV cancers, uncontrollable seizures, severe or persistent muscle spasms caused by multiple sclerosis or muscular dystrophy, or a terminal illness with a life expectancy of less than one year to possess up to 2.5 ounces of marijuana in the form of an oil or pill. Patients under 19 would need written certification from three different practitioners. Groene was open that his bill is an effort to blunt an ongoing medical marijuana initiative campaign. "I don't want it to pass," he said. "I want the elected officials in charge of the future of this, to define it and change it over time if necessary, to have the medical people in (the Department of Health and Human Services) write the bills."

Ohio

Ohio Bill to Add Autism as Medical Marijuana Qualifying Condition Advances. The House Health Committee on Thursday approved House Bill 60, which would add autism spectrum disorder to the list of qualifying conditions for medical marijuana. The bill now heads to the House Rules and Reference Committee, which decides which bills get a floor vote. Bill cosponsor Rep. Bill Seize (R-Cincinnati) said he was optimistic the bill would get a floor vote. "This is a good, bipartisan bill," he said, pointing out that 14 other legislators from both parties are cosponsors.

South Carolina

South Carolina Medical Marijuana to (Finally) Be Debated. Senator Tom Davis's (R-Beaufort) Senate Bill 150, the South Carolina Compassionate Use Act, will finally be debated on the Senate floor this week. Davis has been trying for seven years to get to this point. Befitting the conservative state, Davis's bill is also conservative. It bars the use of smokable marijuana, requires an in-patient doctor's visit and a written treatment plan, and limits the conditions that can be treated to a specified list including cancer, multiple sclerosis, glaucoma. sickle cell anemia and autism. Davis says he thinks he has enough votes to pass the bill in the Senate and send it to the House, but House leaders have not indicated whether they would take it up before the session ends.

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