Member states of the UN's Commission on Narcotic Drugs block a human rights expert from presenting a report on arbitrary detentions, a Missouri bill would end police searches based solely on the odor of marijuana, and more.

Canadian civil society groups have a plan to decriminalize drug possession. (Creative Commons)

National Poll: Marijuana Legalization Supported by Majorities of All Age Groups. A new YouGov America poll has support for marijuana legalization at 57 percent, with majority support in every age group. Support among Democrats was at 70 percent, while among Republicans it was only 40 percent. While the poll shows continuing strong support for marijuana legalization, it comes in a few points lower than other recent national polls on the issue.

Missouri Bill Would End Warrantless Searches Based Solely on Odor of Marijuana. Rep. Ian Mackey (D-Richmond Heights) has filed legislation, House Bill 1867, that would bar police from using the odor of marijuana as justification for a warrantless search. Here's the bill language in its entirety: "Notwithstanding any provision of law, the odor of marijuana alone shall not provide a law enforcement officer with probable cause to conduct a warrantless search of a motor vehicle, home, or other private property." As Rep. Mackey noted: "Medicinal marijuana is legal in Missouri. It makes sense because of these new laws [the smell of marijuana alone] should not be a justifiable reason for a police officer to begin searching property or a particular individual."

Medical Marijuana

New Jersey Regulators Approve Provisional Licenses for 30 New Medical Marijuana Dispensaries. Finally, state regulators have provided provisional licenses to 30 applicants seeking to run medical marijuana facilities. So far, there are only 23 such facilities in the state, leading to high prices and supply bottlenecks for patients, who are not permitted under state law to grow their own. Provisional licensees still have to pass background checks and win site approval before they can open for business.

International

On International Human Rights Day, UN Drugs Body Silences UN Human Rights Expert on Groundbreaking Report. In an unprecedented, last-minute decision, the lead UN drugs body has blocked the presentation of a report from a group of independent human rights experts that calls out governments for serious human rights abuses committed in the war on drugs. The UN's lead drug policy-making body has slammed the door on human rights expert Dr Elina Steinerte, Chair of the UN Working Group on Arbitrary Detention, who was due to present a watershed study on how drug control policies drive an epidemic of arbitrary detention across the world. She has been blocked from addressing the UN Commission on Narcotic Drugs today, 10th December, which is coincidentally International Human Rights Day, and her statement has been merely published online.

The last-minute decision, which led to a contentious exchange during the session, was reached through an opaque, closed-door process that kept the human rights experts in the dark about their exclusion until today. The report sheds light on the arrest and incarceration of millions of people around the world for drug-related offences, including for drug use. People who use drugs are also routinely held against their will in so-called "rehab centers," where they are often subject to degrading and inhumane treatment, including forced labor.

With Thursday's decision, the Commission on Narcotic Drugs stands in defiance of the Human Rights Council - the main UN human rights body -- which had asked human rights experts to produce the very same report that now has been stonewalled.

Canadian Civil Society Groups Release Drug Decriminalization Platform.In the wake of almost 23,000 drug poisoning deaths since 2016, twenty-one civil society organizations across the country, including groups of people who use drugs, families affected by drug use, drug policy and human rights organizations, frontline service providers, and researchers, have collaborated to release Canada's first civil society-led policy framework for drug decriminalization in Canada.

Decriminalization Done Right: A Rights-Based Path for Drug Policy seeks to end the harmful and fatal criminalization of people who use drugs -- which has fueled unprecedented overdose deaths -- and protect the health and human rights of all people in Canada. The comprehensive platform, endorsed by more than 100 organizations calls for the full decriminalization of all drug possession for personal use -- as well as sharing or selling of drugs for subsistence, to support personal drug use costs, or to provide a safe supply -- by repealing or amending sections of Canadian drug laws, removing all sanctions linked to possession or "necessity trafficking," tighten rules around when police can stop, search, and investigate someone for drug possession, and shift resources away from law enforcement to non-coercive policies, programs, and services that protect people's health and human rights.

A pair of supervised injection sites are now operating in New York City, NORML issues a report on marijuana legislative victories in the states, and more.

Blotter acid. The Bombay High Court has ruled that the blotter paper must be weighed along with the LSD for sharing purposes.

NORML Issues Report Highlighting 2021 State Legislative Victories. "State legislators in 2021 enacted over 50 laws liberalizing marijuana policies in more than 25 states, according to a report issued Monday by the National Organization of the Reform of Marijuana Laws (NORML)," the group said in a blog post. "Specifically, legislatures in five states -- Connecticut, New Jersey, New Mexico, New York, and Virginia -- enacted laws legalizing adult-use marijuana possession and regulating retail cannabis markets. These legislative victories mark a significant change from past years, when similar laws were primarily enacted via citizens' initiatives, not by legislative action. In total, 18 states -- comprising nearly one-half of the US population -- now have laws on the books regulating adult use marijuana production and retail sales. Many states also took actions facilitating the expungement or sealing of past marijuana convictions. Over the past several months, state officials have vacated an estimated 2.2 million marijuana convictions. Numerous states in 2021 also enacted legislation expanding medical cannabis access and stimulating greater diversity among licensed marijuana businesses."

Harm Reduction

New York City Opens Supervised Injection Sites. Supervised injection sites are now operating in East Harlem and Washington Heights -- a first for the city and the country. The two sites are already operating as needle exchanges. Mayor Bill de Blasio began calling for the harm reduction intervention in 2018, and on Tuesday, he and the city Health Department announced that "the first publicly recognized Overdose Prevention Center services in the nation have commenced."

"New York City has led the nation's battle against COVID-19, and the fight to keep our community safe doesn't stop there. After exhaustive study, we know the right path forward to protect the most vulnerable people in our city. And we will not hesitate to take it," de Blasio said in a statement announcing the move. "Overdose Prevention Centers are a safe and effective way to address the opioid crisis. I'm proud to show cities in this country that after decades of failure, a smarter approach is possible."

The sites are not operated by the city but by two nonprofits, New York Harm Reduction Educators and the Washington Heights Corner Project. City officials said they have had "productive conversations" with state and federal officials and believe the federal government will not interfere becauwe of "a shared sense of urgency" around record overdose deaths.

International

Toronto Moves Toward Drug Decriminalization. Canada's largest city is preparing to take the first step toward municipal drug decriminalization after the city's top health officer, Dr. Eilenn de Villa, recommended Monday that the board of health approve a request to the federal government to exempt city residents from criminal charges for small-time drug possession. "The status quo approach to the drug poisoning crisis is not working," the report said. "There is an urgent need for a comprehensive public health approach to drug policy that removes structural barriers to health care and social services, provides alternatives to the toxic drug supply, and enhances and expands services to improve the health and well-being of Toronto's communities."

De Villa is recommending that the board of health direct her to apply for the exemption by year's end. If the board does so, she will not need city council approval to move forward. It will then be up to Health Canada to approve or deny the exemption. The city of Vancouver sought a similar exemption in March, but Health Canada has yet to rule on that request. The plan has the support of the police and Mayor John Tory.

Bombay High Court Rules Blotter Paper Should Be Included When Weighing LSD for Charging Purposes. The High Court in India's largest city has ruled that the weight of blotter paper is an integral part of contraband seizures and the paper should be included when weighing LSD for charging purposes. "I have held that having regard to the findings in Hira Singh's judgment passed by the Supreme Court and the objective of the NDPS Act, blotter paper forms an integral part of LSD and the blotter paper will have to be considered for taking weight of the LSD. The impugned order is quashed and set aside," Justice Dere pronounced.

A lower court had ruled that the blotter paper should not be included when weighing the drug. Indian drug law says that possession of more than a tenth of a gram of LSD indicates a commercial quantity, but the weight of a single blotter weighed by authorities came in at more than six tenths of a gram, signifying that the courts would consider a single hit of blotter LSD to be evidence of intent to deal drugs.

In the US, the US Sentencing Commission has weighed in on the issue and come to the opposite conclusion: "In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 mg of LSD for the purposes of the Drug Quantity Table."

The Chacruna Institute releases a guide for psychedelic churches, the Justice Department says the Bureau of Prisons short-changed up to 60,000 First Step Act prisoners on their earned-time credits, and more.

Dubai skyline (Pixabay)

Kentucky Lawmaker Pre-Files Marijuana Legalization Bills for 2022. State Rep. Nima Kulkarni (D) announced Monday that she is pre-filing two parallel bills to legalize marijuana. One bill would proceed along the statutory legislative route, while the other would ask legislators to approve a constitutional amendment to legalize marijuana, which would then go before the voters. "I am sponsoring these bills for several reasons, any one of which should be enough for them to become law," Kulkarni said. "First, current cannabis statutes have needlessly and tragically ruined many lives, especially people of color who have suffered because of unequal enforcement. Second, thousands of citizens, from cancer patients to veterans suffering from PTSD, should have the right to use something that gives them the mental and physical relief they deserve without relying on stronger, potentially addictive medicine. Third, cannabis decriminalization would give the state a much-needed source of reliable revenue without raising current taxes a single cent."

Psychedelics

Chacruna Institute Releases Guide to Religious Freedom Restoration Act and Best Practices for Psychedelic Plant Medicine Churches. The Chacruna Institute for Psychedelic Plant Medicines has released its comprehensive Guide to RFRA and Best Practices for Psychedelic Plant Medicine Churches. This free publication aims to inform churches using psychedelic plant medicine as a sacrament on how to better establish their operation and rights under the Religious Freedom Restoration Act (RFRA).

"This Guide is written to simply explain the laws and basic information needed by a psychedelic plant medicine church to make informed decisions and understand its rights and risks by operating in the United States," said Allison Hoots, member of Chacruna's Council for the Protection of Sacred Plants. The guide is a comprehensive resource on the Religious Freedom Restoration Act (RFRA) and how a church using psychedelic plant medicine as sacrament can be informed by the law in terms of its operation and establishing its rights under RFRA. Download it here.

Drug Policy

Florida Lawmaker Introduces Bill to Decriminalize All Drugs. State Rep. Dotie Joseph (D) has filed a drug decriminalization bill, the "Collateral Consequences of Convictions and Decriminalization of Cannabis and All Drugs Act" (House Bill 725). The bill would make possession of up to an ounce of marijuana a violation punishable by no more than a $50 fine and automatically expunge past arrest and conviction records if the offense is more than a year old. The bill adds that the legislature prioritizes "rehabilitative health intervention in lieu of criminalization for personal usage of controlled substances, including but not limited to stimulants including cocaine, methamphetamine, opioids, heroin, fentanyl, depressants or benzodiazepines, and other addictive controlled substances." To that end, charges "associated with the personal usage and possession of controlled substances that do not involve production, distribution or sale shall be decriminalized in favor of civil fines and referral for drug rehabilitation."

Sentencing

Justice Department Finds Federal Bureau of Prisons Failed to Apply Earned Time Credits to First Step Act Prisoners. Justice Department Inspector General Michael Horowitz has released a report charging that the Bureau of Prisons (BOP) failed to properly credit up to 60,000 federal prisoners with time served under the First Step Act's recidivism programs. "We are concerned that the delay in applying earned time credits may negatively affect inmates who have earned a reduction in their sentence or an earlier placement in the community," Horowitz wrote in the report. Under the First Step Act, inmates who completed a recidivism program could receive time-served credit, but the BOP told the inspector general the credits were not applied becausethey "must be negotiated with the national union because it would create changes to conditions of employment, including determinations and application of earned time credits for inmates, for Unit Team staff working in BOP institutions who are bargaining unit employees," according to the report.

International

United Arab Emirates Enacts Drug Reforms. The United Arab Emirates (UAE) has dramatically amended its drug laws to allow for drug treatment instead of prison for first-time offenders. The new law mandates the creation of specialized treatment and rehabilitation units throughout the country, where judges can place offenders instead of in prison. The new law also changes the UAE's stance toward foreigners who get caught carrying food items or other products containing drugs (mainly marijuana). Under the old law, deportation was mandatory in such cases, but now people caught with such items will face no charges, but the items will be seized. The new law also increases penalties for some repeat offenders and imposes a mandatory minimum five-year sentence for anyone "who induced, incited or facilitated drug use for another person." The new law goes into effect January 2.

St. Louis aldermen move to end fines for marijuana possession and allow personal cultivation, New York marijuana arrests are declining dramatically, and more.

The medical marijuana program is up and running in South Dakota. (Creative Commons)

New York State Marijuana Arrests Nearly Vanish After Legalization. Since marijuana became legal in the state in March, marijuana arrests have shrunk to extremely low levels. According to data compiled by the state Division of Criminal Justice Services, only 116 people were arrested on marijuana charges from April through October. In 2017, there were more than 28,000 pot possession arrests alone. By 2020, after lawmakers moved to reduce marijuana penalties, there were only 2,720 arrests. And now the state is on track to reduce that number by 90 percent this year.

Texas Poll Shows Strong Majority for Marijuana Legalization, Even Majority Support Among Republicans. A new poll from the University of Houston and Texas Southern University has support for marijuana legalization at 67 percent, with even 51 percent of Republicans in support. That Republican support number is important since Republicans control the state legislature, and polling like this could prod the party to get on board with the public. The poll also asked about legalizing other substances, such as meth and heroin, but found little support with only 16 percent in favor.

St. Louis Aldermen Move to Decriminalize Pot Possession, Cultivation. The city's Board of Aldermen voted last Friday to give preliminary approval to a measure to decriminalize marijuana in the city. The measure needs one more vote by the board to go into effect. Under the proposed ordinance, people 21 and over could possess up to two ounces without any penalty. The ordinance also mandates that "no resources" be spent to punish adults for growing up to six plants. The measure also has the support of Mayor Tishaura Jones (D), whose office said the "intention is to free up police resources so they don't even have to worry about arresting someone for a victimless crime." In 2018, the board voted to make pot possession a civil infraction with a maximum $25 fine.

Medical Marijuana

South Dakota Medical Marijuana Program Issues First ID Cards. The state has issued its first medical marijuana ID cards, the state Health Department's Medical Cannabis Program announced last Friday. The first card issued went to a resident of Day County. "Today marks the culmination of months of hard work in preparation for the kickoff of a responsive and efficient medical cannabis program for eligible South Dakotans," said Geno Adams, Medical Cannabis Program Administrator. "In the months ahead, we will continue to ensure that patients and their caregivers, can continue to obtain medical cannabis permits in accordance with their written certifications."

Patients, caregivers, and medical providers who wish to get more information on how to participate in South Dakota's medical cannabis program can visit: MedCannabis.sd.gov. The site features a "Frequently Asked Questions' section, as well as a section for establishments, that is continuously updated by the Department. All patients and caregivers who apply and are issued a medical cannabis card will also receive a flyer with helpful tips on the importance of safe and responsible storage of their medical cannabis at their homes. To view the flyer, click here.