Four veterans are suing New York marijuana regulators over the application of social equity provisions, New Hampshire's governor signs a fentanyl and xylazine test strip decriminalization bill into law, and more.

Fentanyl test strips are now decriminalized in New Hampshire. (Creative Commons)

New York Lawsuit Challenges Application of Marijuana Social Equity Provisions in State Law. Four veterans have filed a lawsuit against the state's marijuana regulators, the Office of Cannabis Management and the Cannabis Control Board. The lawsuit charges that although service-disabled veterans are listed as a sub-group of social equity applicants who are supposed to be prioritized for licenses, the regulating agencies have established a process that makes having a marijuana-related criminal conviction an initial eligibility requirement, disqualifying disabled vets who would otherwise be eligible under the social equity provisions.

"The statute specifically included those individuals as individuals that would be prioritized with respect to applying for and gaining approval of an adult use retail license," said plaintiff's attorney Matt Morey. "The regulations that were then adopted, well not necessarily prohibiting any disabled service veteran from applying, they would have to then satisfy the other various CAURD (conditional adult-use retail dispensary) requirements, which is that they were convicted of a marijuana-related offense prior to March 31 of 2021," Morey said.

The lawsuit has resulted in temporary injunction from the judge in the case that bars the state from issuing any new licenses or approving any new retail outlets to open. That injunction will last at least until Friday when the judge will hear arguments about whether the current program is constitutional.

Psychedelics

Ayahuasca Church Moves to Maine. A church that uses ayahuasca as a sacrament in its services has relocated from New Hampshire to Maine. The church, Pachamama Sanctuary, has obtained 40 acres of land in Casco to serve as a retreat center and spiritual sanctuary.

"People in the community come here to make a connection with the spirit, with God, higher power, whatever they decide to call it," said Derek Januszewski, founding pastor of the church.

Januszewski said the church moved not because of legal hassles in New Hampshire -- there were none -- but because of zoning problems with their old building.

Although ayahuasca contains DMT, a Schedule I drug under the Controlled Substances Act, the US Supreme Court ruled in 2006 that a small religious sect originating in Brazil, the Uniao Do Vegetal (Union of the Vegetable) was entitled under the Religious Freedom Restoration Act to use it for religious purposes. It is not clear if the Pachamama Sanctuary is part of that church.

Harm Reduction

Manhattan US Attorney Warns He Could Shut Down New York City Safe Injection Sites. US Attorney for the Southern District of New York Damian Williams said Monday that two city-approved safe injection sites are operating in violation of state and federal law and that he could be forced to act if the situation does not change.

"I have repeatedly said that the opioid epidemic is a law enforcement crisis and a public health crisis," said Williams. "But I am an enforcer, not a policymaker." The situation is "unacceptable," he added. "My office is prepared to exercise all options -- including enforcement -- if this situation does not change in short order."

Although widely accepted in Europe, Australia, and Canada, safe injection are considered illegal in the US under the "crack house statute," which bars people from maintaining property where controlled substances are consumed. A Philadelphia safe injection site effort was blocked by the Trump-era Justice Department, and that case remains unresolved as the Biden Justice Department attempts to negotiate a settlement.

But faced with a growing drug overdose crisis, New York City did not wait for the resolution of that case or for lawmakers to change state law and instead okayed two safe injection sites in December 2021.

New Hampshire Decriminalizes Fentanyl, Xylazine Test Strips. Late last week, Gov. Chris Sununu (R) signed into law House Bill 287, which decriminalizes fentanyl and xylazine test strips by removing them from the state's definition of drug paraphernalia.

Fentanyl was implicated in 410 of the state's 486 drug overdose deaths last year.

Under previous state law, only needle exchange programs were allowed to distribute test strips. People in possession of test strips who were not needle exchange workers or clients could be charged with a misdemeanor punishable by up to a year in jail.

California legal marijuana sales revenues decrease for the first time ever, a fourth Michigan city endorses natural psychedelic decriminalization, and more.

Attorney General Merrick Garland says DOJ is "still working" on marijuana policy. (DOJ)

Attorney General Says DOJ Still Working on Federal Marijuana Policy Approach. In an appearance before the Senate Judiciary Committee on Wednesday, US Attorney General Merrick Garland (D) said the Justice Department is "still working on marijuana policy" and that a broader review of marijuana's scheduling status was being led by federal health officials. "I think that it’s fair to expect what I said at my confirmation hearing with respect to marijuana and policy, that it will be very close to what was done in the Cole Memorandum," he said, referring to an Obama-era policy that directed federal prosecutors to generally not interfere with state cannabis laws but which was later rescinded by Trump Attorney General Jeff Sessions. "We’re not quite done with that yet,"Garland said of the marijuana policy review. Garland added that the Justice Department had prioritized finalizing a memo of crack cocaine prosecutions, which has now been completed.

In Sign of Legal Industry's Woes, California Marijuana Sales Declined for First Time Since Legalization. According to the state Department of Tax and Fee Administration, legal marijuana sales totaled $5.3 billion last year, down 8.2 percent from the $5.77 billion in 2021. That marks the first time sales have decreased since the state launched its recreational marijuana market five years ago. Industry observers point to high taxes and the limited number of pot shops for the decrease. As one Emerald Triangle pot farmer, Johnny Casali of Huckleberry Hill Farms explained: "Most of us farmers have been trying to tell the state [regulators] that the marketplace is imploding,"says Casali. "The drop in retail sales means the customer is tired of paying the exorbitant taxes and are now buying it from a friend of a friend or the guy on the corner."

Medical Marijuana

Tennessee Medical Marijuana Bill Killed in Committee. No medical marijuana for you, Tennesseans! At least not yet. The Senate Judiciary Committee voted on a near party-line vote Wednesday to kill Senate Bill 1104, which would have set up a system of medical marijuana access in the state. Meanwhile another medical marijuana bill, House Bill 172,was "taken off notice" last week, meaning it is effectively dead for this session. Maybe next time.

Psychedelics

Fourth Michigan City Decriminalizes Natural Psychedelics. Move over, Ann Arbor, Detroit, and Hazel Park—Ferndale has now joined the group of Michigan cities to embrace psychedelic reform. On Monday night, the city council voted unanimously to approve a resolution decriminalizing "entheogenic plants and fungi," such as psilocybin mushrooms, ayahuasca, and its chemical compound, DMT. The resolution makes the "investigation and arrest of persons for planting, cultivating, purchasing, transporting, distributing, engaging in practices with, or possessing Entheogenic Plants or plant compounds which are on the Federal Schedule 1 list" the lowest law enforcement priority for the city The ordinance was pushed by the local Decriminalize Nature affiliate, Decriminalize Nature Ferndale. 

Prisoners and advocacy groups call on the Bureau of Prisons to clean up its act, Colombia's new president has some words for the US, and more.

Colombian President Gustavo Petro continues to push against the war on drugs. (Creative Commons)

San Francisco Effectively Decriminalizes Natural Psychedelics. The city's Boad of Supervisors voted unanimously Tuesday night to approve a resolution that effectively decriminalizes natural psychedelics. The resolution includes the "full spectrum of plants, fungi, and natural materials that can inspire personal and spiritual well-being," and includes ayahuasca, DMT, ibogaine, mescaline, psilocybin. The resolution also allows for the "planting, cultivating, purchasing, transporting, distributing, engaging in practices with" those substances and provides no limits on quantities that may be possessed. The resolution effectively decriminalizes these substances by designating them the lowest law enforcement priority, but they remain illegal under state and federal law. San Francisco now joins Arcata, Oakland, and Santa Cruz among California cities that have embraced such measures. A dozen other citizens around the country have, too.

Incarceration

Incarcerated People and Advocacy Organizations Urge Reform of US Bureau of Prisons. In a letter Tuesday to federal Bureau of Prisons Director Colette Peters, current and former federal prisoners and an array of sentencing, drug policy, and other advocacy groups called on her to "bring the Bureau into compliance with federal law and to lead the Bureau toward a more humane future grounded in transparency and accountability." The letter cited a number of issues and concerns, including unsafe and inhumane prisons, the need for the Bureau to use its power to seek compassionate release, the need for the Bureau to comply with the First Step Act (there are chronic delays in releasing people who qualify), and the pervasiveness of abuse, corruption, and misconduct. In addition to individual signers, the letter was endorsed by the ACLU, Citizens United for the Rehabilitation of Errants (CURE), the Drug Policy Alliance, Fair and Just Prosecution, Federal Public and Community Defenders, the National Association of Criminal Defense Lawyers, National Council of Churches, and the Sentencing Project, which organized the campaign.

Foreign Policy

Colombian President Warns US Drug War Has Failed, Change Must Come. President Gustavo Petro warned the US on Wednesday the he believes the US-led war on drugs in his country is a failure and called for substantial changes in drug policy. The statement came after he met with the commander of the United States Southern Command, General Laura Richardson.  "We were now talking at length with General Laura Richardson … about the failure of the anti-drug policy. I think it should be called without fear: the policy that (Richard) Nixon had in the time It was called the War on Drugs, has failed here," said Petro from the presidential palace. "It is our duty before the United States, but also before the world, to not only say this, but to propose alternatives that will not kill more than a million Latin Americans."

Colombia is the world's largest coca and cocaine producer, and Petro said that his own country is "the biggest culprit" because rural poverty makes drug cultivation and trafficking an attractive livelihood. Petro has moved to restrict the aerial spraying of herbicides and limited the resort to forced eradication of coca crops, promoting voluntary crop substitution instead. He is also proposing changes in the extradition treaty between Colombia and the US to allow those who cooperate with Colombia to avoid extradition to the US.

International

United Kingdom Blocks Bermuda from Legalizing Marijuana. In a rare move, the UK's Governor for Bermuda, who, as the queen's representative typically provides pro forma assent to the Bermudan government's actions, has intervened to block marijuana legalization in the British Overseas Territory. Even as incoming British Prime Minister Liz Truss was vowing to "stand up for freedom and democracy around the world," her government was directing the governor to block the marijuana legalization bill. "I have now received an instruction, issued to me on Her Majesty’s behalf, not to Assent to the Bill as drafted," the governor said. "The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda"under international anti-drugs conventions dating back to 1961. Liz Truss was foreign secretary until Tuesday when she became prime minister. In a statement, the Bermudian government said the move was "disappointing, but not surprising, given the confines of our constitutional relationship with the UK government and their archaic interpretation of the narcotic conventions. The Bermudian government said it would continue to move forward on marijuana legalization, which could put the country on a collision course with the UK. "The people of Bermuda have democratically expressed their desire for a regulated cannabis licensing regime, following the strong endorsement at the ballot box and an extensive public consultation process. The Government of Bermuda intends to continue to advance this initiative, within the full scope of its constitutional powers, in keeping with our 2020 general election platform commitment." Bermudian Premier David Burt has not commented on this move, but warned earlier that: "If Her Majesty’s representative in Bermuda does not give assent to something that has been passed lawfully and legally under this local government, this will destroy the relationship we had with the United Kingdom."

You can now buy two ounces of weed at a time in Oregon instead of only one, New Hampshire lawmakers will try to override the governor's veto of a medical marijuana bill, and more.

Moving to Montana soon? Now you can buy pot there -- if you're in the right county. (Gmark1/Creative Commons)

Montana Legal Marijuana Sales Begin. On New Year's Day, the state became the latest to allow legal recreational marijuana sales. The move comes more than a year after voters approved a pair of complementary marijuana legalization initiatives in November 2020 with 57 percent of the vote. But it's not on sale everywhere in the state: Under the law, counties where majorities voted for legalization can have pot shops, but in counties where majorities voted against the initiative cannot allow the shops unless the matter is approved in a county-wide vote.

Oregon Doubles the Amount of Marijuana People Can Buy. On December 28, the Oregon Liquor and Cannabis Commission approved new rules that include raising the amount of marijuana that people can purchase on a single occasion from one ounce to two ounces. That went into effect on New Year's Day. The state will now also allow home delivery of marijuana across city and county lines.

Medical Marijuana

New Hampshire Lawmakers to Take Up Vetoed Medical Marijuana Bill. Legislators will try this week to override Gov. Chris Sununu's veto of a bill that would have allowed nonprofit medical marijuana treatment centers to organize as for-profit businesses. In his veto message, Sununu said he vetoed the bill because it would create monopolies that could dominate the marketplace if and when recreational marijuana is legalized. The bill passed the Senate with a veto-proof majority, but passed the House on a voice vote, leaving it unclear whether there is a veto-proof majority there.

Ayahuasca

IRS Denies Tax Exempt Status to Iowa Ayahuasca Church. The Iowaska Church of Healing has lost its bid to win tax-exempt status with the Internal Revenue Service. The church holds a "Sacrament of Ayahuasca" where its members use the hallucinogen for spiritual and physical healing, although its leader says he has never conducted such ceremonies at his home or anywhere else in the state. The church applied for tax-exempt status in January 2019.