The Texas Senate has approved a bill raising fentanyl penalties, a Delaware Senate committee advances a pair of marijuana legalization and regulation bills, and more.

Fentanyl. Texas is the latest state to experiment with charging sellers with murder if an overdose happens. (Creative Commons)

Delaware Senate Committee Approves Marijuana Legalization, Regulation Bills. Marijuana legalization is one step closer after the Senate Health and Social Services Committee approved a pair of House bills that would legalize marijuana ( House Bill 1) and regulate legal marijuana commerce (House Bill 2). Last year,a similarly bifurcated legalization effort came up short, with the House failing to pass the regulation bill and Gov. John Carney (D) vetoed the legalization bill. But this year, House bill sponsor Rep. Ed Osienski (D) says he is "optimistic" and feels "pretty good" about being able to override any veto. Meanwhile, HB 1 now heads for a Senate floor vote, while HB 2 must first get past the Senate Finance  Committee.

Drug Policy

Texas Senate Approves Bill to Increase Fentanyl Penalties. The Senate on Wednesday approved Senate Bill 645, which would open the door for prosecutors to charge people who make and sell fentanyl with murder. The bill does so by classifying fentanyl overdoses as "poisonings." The bill would also make delivery of less than one gram of fentanyl a third-degree felony. It is currently a lower-level state jail felony. If someone dies because of that delivery, it becomes a second-degree felony. State jail felonies have a maximum sentence of two years, third-degree felonies garner up to 10 years, and second-degree felonies can earn up to 20 years. The bill now heads to the House.

Foreign Policy

National Sheriff's Association Calls on Congress to Take Immediate Action Against Mexican Cartels. In the wake of the killing of two US citizens in Matamoros, Mexico, last weekend and the ongoing fentanyl overdose crisis, an association representing some 3,000 county sheriffs is calling on Congress to act now against Mexican drug cartels. "The nation’s sheriffs strongly support the American people’s continued demand that our federal government use whatever means appropriate to combat these deadly cartels," Sheriff Jim Skinner, chair of the National Sheriffs’ Association Government Affairs Committee, said in a statement. The group is calling on Congress to use its authority to create a "comprehensive system of further manpower and other tools that prevent any illicit drugs from being produced, smuggled and sold on American streets." Some members of Congress have been calling for more action, including designated the cartels as foreign terrorist organization and even calling for US military action inside Mexico. 

The Justice Department is open to Sentencing Commission marijuana guideline reforms, a Texas bill to remove jail time for pot possession advances, and more.

It's not just opiates. A settlement between drug distributors and states is leaving lots of patients in the lurch. (DEA)

Justice Department Backs Proposed Marijuana Sentencing Guideline Reform to Treat Past Convictions More Leniently. The Justice Department is in agreement with a US Sentencing Commission proposal to update sentencing guidelines to treat past marijuana possession offenses more leniently. Such a move would align with the Biden administration's "sentiment" toward reforming marijuana policy. The backing by DOJ came last Wednesday when a federal prosecutor testified at a public hearing on the proposal in support of it. The Sentencing Commission had made the recommendation back in January. The commission's proposal does not remove marijuana convictions as a criminal history factor, but it would "include sentences resulting from possession of marihuana offenses as an example of when a downward departure from the defendant’s criminal history may be warranted."

Bipartisan Bill Punishing Illegal Marijuana Grows Filed. Reps. Doug LaMalfa (R-CA) and Scott Peters (D-CA) have filed the Targeting and Offsetting Existing Illegal Contaminants (TOXIC) Act, which would provide funding to clean up toxic wastes at marijuana grows on federal lands and increase criminal penalties "for using banned pesticides in illegal cannabis cultivation to a maximum of 20 years in prison and $250,000 in criminal fines to establish parity with the criminal penalties for smuggling banned pesticides into the US." The same pair filed the same bill in the last Congress, but it went nowhere.

Maryland House Approves Legal Marijuana Regulation Bill. The House voted last Friday to approve a measure to create a legal framework and tax structure for legal marijuana sales, House Bill 556. The bill now goes to the Senate, which is also advancing its own separate regulatory measure. If the legislature can come to agreement, legal sales could begin as early as July 1. The bill passed by the House would allow existing medical marijuana dispensaries to obtain dual licenses to sell recreational marijuana. The bill also contains equity provisions giving licensing priority to minority owners in communities adversely affected by the war on drugs.

Texas Marijuana Decriminalization Bill Wins Committee Vote. The House Criminal Jurisprudence Committee voted unanimously last week to approve a bill to decriminalize the possession of up to an ounce of marijuana, House Bill 218. Possession of less than two ounces is currently a misdemeanor punishable by up to six months in jail. Under this bill, possession would still be a misdemeanor (so not technically decriminalization), but without the possibility of arrest of jail time. Instead, offenders would be cited and fined up to $500. The bill now awaits a House floor vote.

Opiates and Opioids

US Opioid Settlement Causing Problems for Patients. The $21 billion settlement between pharmaceutical distributors and attorneys general in 46 states over the companies' role in the early stages of this century's opioid epidemic is having unintended consequences not only for opioid patients, but also for people trying to obtain controlled substances to treat many conditions, including anxiety, attention deficit hyperactivity disorder and addiction. As a result of the settlement, the distributors are now tightening rules for these drugs, resulting in the cancellation of tens of thousands of drug orders and leaving patients in the lurch. The new controls have created "havoc in pharmacies, said Ilisa Bernstein, chief executive of the American Pharmacists Association. "They have patients coming in to get medication, and they can’t have it. It's disrupting patient care." 

Voters in Oklahoma resoundingly rejected the State Question 820 marijuana legalization initiative Tuesday in an election where it was the only thing on the ballot. With 99 percent of the vote in, it was losing 38.3 percent to 61.7 percent.   

The initiative should have been on last November's general election ballot. The group behind the measure, Oklahomans for Sensible Marijuana Laws, turned in 69,000 more signatures than needed in a timely fashion, but private contractors hired by the Secretary of State's office took an excessive amount of time to verify the signatures.

Between that and questionable legal challenges from opponents, approval of the measure was so delayed that the state Supreme Court ruled weeks before the election that the measure would have to wait for the 2024 general election or until the governor or legislature calls a special election. Gov. Kevin Stitt (R) then announced the March 7 date.

The measure would have allowed people 21 and over to possess up to an ounce of marijuana and eight grams of marijuana concentrates and grow up to six plants and six seedlings at home. It also would have protected parents from losing custody or visitation rights solely because of marijuana use and states that parolees and probationers cannot be punished for marijuana use. Nor could the odor of marijuana or burnt marijuana be used as probable cause for police to infer that a crime had been committed. And it included a provision for the expungement of some past marijuana offenses.

The measure would have up a system of taxed, licensed, and regulated marijuana commerce, but for the first two years, marijuana business licenses would go only to existing medical marijuana businesses that have been operating for at least a year. The state is now also under a moratorium on new grower, processor and dispensary licenses until August 2024, meaning any potential new pot business operators would have had to wait awhile to get in the game.

The state's robust—some would say Wild West—medical marijuana system may have convinced some voters that further moves were not necessary. Under Oklahoma law, medical marijuana can be recommended for just about any condition, and the state has nearly 400,000 enrolled patients—about 10 percent of all adults in the state. There are also already some 12,000 licensed medical marijuana businesses, some of which have been in the news for unsavory reasons.

Tuesday's defeat may embolden marijuana critics in the state legislature to move to tighten controls on the state's medical marijuana program.

"The anti-revolutionary forces want to return Oklahoma to their dream of this bygone era," said Lawrence Pasternack, a legalization advocate who’s written extensively about marijuana in the state.  "They see marijuana as anathema to that dream."

Those forces would include Republican Gov. Kevin Stitt and most of the state's Republican political establishment. Also prominent in the opposition camp was former Gov. Frank Keating, an ex-FBI agent, who headed the "no" campaign.

"Oklahoma is a law and order state," Stitt said after Tuesday's vote. "I remain committed to protecting Oklahomans and my administration will continue to hold bad actors accountable and crack down on illegal marijuana operations in our state."

It's been a tough run for marijuana legalization initiatives lately. Last November, Maryland and Missouri approved legal weed, but Arkansas, North Dakota, and South Dakota did not. And now Oklahoma has joined that red state rejectionist club, and the Republicans are casting the hairy eyeball on the existing medical marijuana system. 

The Justice Department signals it will appeal a federal court ruling invalidating the federal ban on guns for pot users, Colombia calls for coca leaf decriminalization, and more.

Naloxone opioid overdose reversal kit. The Oregon House has voted to expand access to them. (hr.org)

Justice Department Now Accepting Applications for Pardons for Federal Marijuana Possession Offenders. Nearly five months after President Biden called for pardons for federal marijuana possession offenders, the Justice Department has begun accepting applications for those pardons. The move comes after a series of friendly public statement from the administration about the drug from both Attorney General Garland and the president. Last week, Garland said that Justice is working on a review of marijuana policy, and just days before that, President Biden mentioned the pardons in a Black History Month speech, saying "too many minorities are in prison" for marijuana use.

Justice Department Appeals Federal Court Ruling Striking Down Gun Ban for Marijuana Users. The Justice Department last Friday filed paperwork in US District Court for the Western District of Oklahoma informing the court that it intends to appeal a judge's ruling there that found unconstitutional the federal prohibition on gun ownership for marijuana users. The Friday filing did not make a substantive argument but served primarily as a notification that an appeal was coming. In that district court ruling, Trump-appointed Judge Patrick Wyrick held that a recent Supreme Court ruling where the high court created a higher standard for policies that aim to restrict gun rights made the ban on gun possession unconstitutional.

Oklahoma Votes on Marijuana Legalization Today. In an election with no other issues or races on the ballot, voters will decide whether or not to approve a marijuana legalization initiative, State Question 820. The measure is opposed by law enforcement and most of the state's Republican political establishment. It would allow people 21 and over to possess up to an ounce of marijuana and eight grams of marijuana concentrates and grow up to six plants and six seedlings at home. It also protects parents from losing custody or visitation rights solely because of marijuana use and states that parolees and probationers cannot be punished for marijuana use. Nor could the odor of marijuana or burnt marijuana be used as probable cause for police to infer that a crime had been committed. And it includes a provision for the expungement of some past marijuana offenses. It also sets a 15 percent excise tax on retail marijuana sales.

Medical Marijuana

South Dakota House Approves Medical Marijuana Expansion Bill. In a narrow vote, the House on Monday approved Senate Bill 1, which expands the list of qualifying conditions for medical marijuana use to include people afflicted with cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, aids, and HIV. The bill has already passed the Senate, but must go back for one more concurrence vote because it was modified in the House. If it wins that vote, it would then go to the desk of Gov. Kristi Noem (R).

Harm Reduction

Oregon House Approves Bill to Expand Naloxone Access. The House has approved a bill to more widely distribute the opioid overdose reversal drug naloxone (Narcan), House Bill 2395, on a vote of 48-9. The bill declares a health emergency and will make overdose reversal kits available in libraries, churches, and other public buildings. It also allows police, firefighters, and EMTs to distribute the kits to drug users and their friends and family members, and it decriminalizes fentanyl test strips. The bill now heads to the Senate.

International

Colombia Vice President Calls for Coca Leaf Decriminalization at UN. Vice President Francia Marquez used an address at the UN Permanent Forum on Indigenous Issues to petition for the decriminalization of the coca leaf in the country's indigenous territories. "The time has come to sincerely put the debate on decriminalizing the use of coca leaf in ethnic and indigenous territories, continuing to criminalize the use of coca leaf will not allow Colombia to achieve total peace," she said. "Because we know that it has been this criminal, racial policy that has us as peoples suffering terrible humanitarian crises, it is the drug trafficking imposed from that criminal policy that today is generating armed conflicts in ethnic territories." Colombia will join Bolivia in petitioning the UN Commission on Narcotic Drugs to remove coca leaf from its list of prohibited substances.