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GOP Pounding War Drums on Mexican Cartels, MN Legal Pot Bill Draws Near to Floor Votes, More... (4/5/23)

A Florida marijuana legalization initiative looks well placed to meet its signature gathering threshold, a pair of GOP senators introduce a bill designating Mexican drug cartels as terrorist organizations, and more.

If reelected, former President Donald Trump is hankering for military action against Mexican drug cartels. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Two-Thirds of the Way There on Signatures. Supporters of a proposed marijuana legalization initiative in the form of a constitutional amendment are more than two-thirds of the way to coming up with enough valid voter signatures to qualify for the 2024 ballot. According to the state Division of Elections, the campaign had 635,961 valid signatures as of Tuesday, with 891,589 needed to qualify. And it has until February 1, 2024 to come up with the remaining signatures.

Minnesota Marijuana Legalization Bill Wins Senate Committee Vote. The Senate Rules and Administration Committee on Tuesday approved the marijuana legalization bill,  Senate File 73. The legislation, which has passed through more than 20 House and Senate committees, is now nearing floor votes. In the Senate, it must pass only two more panels before heading for a floor vote. Both the Senate and House bills have been amended numerous times throughout this process, with lawmakers working to incorporate public feedback, revise policies around issues like tax structures for the market and tighten up language.

Psychedelics

Massachusetts GOP Legislator Files Three Psychedelic Reform Bills. Rep. Nicholas Boldgya (R) has filed three bills aimed at loosening restrictions on various psychedelic substances. House Bill 3574 would allow prescription medications containing MDMA. House Bill 3589 would legalize psychedelics from natural plants and fungi. House Bill 3605 would legalize the therapeutic, spiritual, and medicinal use of psilocybin or magic mushrooms. "People are suffering from debilitating mental health issues such as PTSD, traumatic brain injury, anxiety, and depression. These psychedelic compounds and plant medicines are offering hope and healing to those that were once hopeless," Boldyga said. The war on drugs has had "disastrous consequences," he added, including deterring society from benefiting from medically useful substances.

Foreign Policy

GOP Senators File Bill Designating Mexican Drug Cartels as Terrorist Organizations. Sen. John Kennedy (R-LA), a member of the Senate Judiciary Committee, today joined Sen. Lindsey Graham (R-SC) in introducing the Ending the Notorious, Aggressive and Remorseless Criminal Organizations and Syndicates (NARCOS) Act of 2023 to designate Mexican drug cartels as foreign terrorist organizations. The legislation would also create a task force for the purpose of eliminating the threat that cartels and drug trafficking, particularly fentanyl, pose to American citizens. By designating drug cartels as foreign terrorist organizations, the US government would have authority to prosecute individuals for drug and human trafficking. America could also use extraterritorial jurisdiction to target and prosecute foreign nationals involved with Mexican cartels or other transnational criminal organizations. The bill names the following groups as meriting the terrorist designation: the Sinaloa Cartel, the Jalisco New Generation Cartel, the  Gulf Cartel, the Los Zetas Cartel, the Northeast Cartel, the Tijuana Cartel, the Beltray-Leyva Cartel, and La Familia Michoacana.

Donald Trump Seeking Plan to Wage War on Cartels in Mexico. The recently indicted ex-president, who is now campaigning for the GOP presidential nomination in 2024, has been asking policy advisors for a range of military options for attacking Mexican drug cartels, including military actions not sanctioned by the Mexican government—which the Mexicans are likely to see as acts of war. He has been briefed on options that include US troop deployments on Mexican territory and unilateral military strikes. "'Attacking Mexico,' or whatever you'd like to call it, is something that President Trump has said he wants 'battle plans' drawn for," said one source close to Trump. "He's complained about missed opportunities of his first term, and there are a lot of people around him who want fewer missed opportunities in a second Trump administration."

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Federal Marijuana Cases Continue to Decline, Britain Plans to Ban Nitrous Oxide, More... (3/28/23)

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

"Whippets"--used nitrous oxide containers. Laughing gas could soon be banned in Britain. (CC)
Marijuana Policy

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also establishes a new, alternative registration process for Schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban. 

OK Senate Passes Bill to Rein In Illicit MedMJ Grows, Blinken Says Cartels Control Parts of Mexico, More... (3/22/23)

A Republican senator is calling on the banking industry to step up for a marijuana banking bill, the Oklahoma Senate moves to tighten up rules around medical marijuana grows, and more.

US Secretary of State Blinken agrees with Lindsay Graham that cartels control parts of Mexico. (state.gov)
Marijuana Policy                        

GOP Marijuana Banking Bill Sponsors Calls on Bankers to "Unleash An Army" of Lobbyists to Get It Passed. Sen. Steve Daines (R-MT), the lead Republican sponsor of the Secure and Fair Enforcement (SAFE) Banking Act, used a speech at the American Bankers Association Washington Summit Tuesday to call on the industry to "unleash an army" of lobbyists to push the bill through Congress. He said there "a chance" the bill could pass by going through the committee process. "This bill has been out there a long time," he said. "I think with each passing year, there’s a greater number of people who understand that the problem—forcing businesses to operate in all cash—is only getting worse. We need to be very clear: this is a public safety bill, and the longer we go without addressing this issue, the worse the situation on the ground becomes." He told the bankers he is "very thankful" for their support, adding that "we could unleash an army of you all in this room on Capitol Hill" to advocate for the passage of the cannabis banking bill.

Medical Marijuana

Oklahoma Senate Approves Bill Targeting Illegal Medical Marijuana Grows. The Senate on Tuesday voted 41-1 to approve Senate Bill 806, which seeks to crack down on illicit marijuana grows by limiting how many marijuana business licenses could use the same address for their applications. "Those who regulate our medical marijuana industry are running into problems when they raid a facility only to learn that there are numerous licensees who utilize that one address and all have product stored there," the bill’s author, Sen. Brent Howard, (R-Altus) said. "This makes it nearly impossible for law enforcement to know what product is actually illegal and to properly investigate the case. This measure would limit the number of licenses that can be listed under one address to help improve regulation and shut down illegal business activity." The bill was requested by Oklahoma Medical Marijuana Authority (OMMA), the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) and the Attorney General’s Office. The bill now heads to the House.

Foreign Policy

Blinken Says Cartels Control Parts of Mexico. Secretary of State Antony Blinken said appeared before the Senate Foreign Relations Committee Wednesday and was asked by ranking member Sen. Lindsay Graham (R-SC) whether there are places in Mexico the government does not control, and he answered in the affirmative. "I think that's fair to say, yes," he replied. He also agreed with Graham "that fentanyl coming from Mexico is killing Americans by the tens of thousands." Graham also asked if the cartels should be declared foreign terrorist organizations. A House bill to do that has been filed, while a Senate bill has been threatened. "Yes we’d certainly consider that," Blinken replied. The exchange came after Mexican President Andres Manuel Lopez Obrador largely blamed the United States for its drug problems and denied that Mexico was a source of fentanyl.

International

 

. Two Mexican soldiers and five gunmen from La Familia Michoacana were killed when a military unit was ambushed in the state of Guerrero last Friday. The military unit "was the target of an attack by approximately 18 armed civilians aboard two vehicles," the Mexican military said. The attack came in the mountain town of El Pescado, which has seen frequent clashes between cartel members and the authorities. La Familia Michoacana, once powerful, had been decimated by the arrest or killing of its leaders, but has been trying to stage a comeback. It is currently locked in combat with the Los Tequileros gang for control of the area. 

DEA Warns on Fentanyl Laced with "Tranq," Taliban Bans Marijuana Cultivation, More... (3/21/23)

That Minnesota marijuana legalization bill keeps rolling toward final passage, Colombia's president suspends a ceasefire with a rightist drug trafficking group, and more.

Taliban leader Mullah Hibatullah Akundzada announced on ban on cannabis cultivation Sunday. (CC)
Marijuana Policy

Minnesota Marijuana Legalization Bill Advances Again, with Big Amendment. The House Commerce Finance and Policy Committee has approved the marijuana legalization bill, House File100, but only after members accepted an amendment that overhauls various aspects of the bill—mainly at the request of marijuana industry players. The industry is operating under a law enacted last years that allows low-THC edibles, and the amendment eliminates some of regulations in the current bill that don’t make sense in the low-dose hemp market. The Senate adopted a similar amendment last week, but there are differences that will have to be resolved in conference committee. For instance, the House bill now has a lower personal possession limit than the Senate bill and is more expansive when it comes to who qualifies as a social equity license applicant.

Opiates and Opioids

DEA Reports Widespread Threat of Fentanyl Mixed with Xylazine. The DEA is "warning the American public of a sharp increase in the trafficking of fentanyl mixed with xylazine. Xylazine, also known as "Tranq," is a powerful sedative that the U.S. Food and Drug Administration has approved for veterinary use. "Xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier," said Administrator Milgram. "DEA has seized xylazine and fentanyl mixtures in 48 of 50 States. The DEA Laboratory System is reporting that in 2022 approximately 23% of fentanyl powder and 7% of fentanyl pills seized by the DEA contained xylazine." Xylazine and fentanyl drug mixtures place users at a higher risk of suffering a fatal drug poisoning. Because xylazine is not an opioid, naloxone (Narcan) does not reverse its effects. Still, experts always recommend administering naloxone if someone might be suffering a drug poisoning. People who inject drug mixtures containing xylazine also can develop severe wounds, including necrosis—the rotting of human tissue—that may lead to amputation"

.[Editor's Note: This sounds like a good argument for a "safe drug supply," or a "legal and regulated supply of drugs with mind/body altering properties, as the Canadian Association of People Who Use Drugs put it in their "Safe Supply: Concept Document."]

International

Taliban Announces Ban on Marijuana Cultivation. Taliban leader Hibatullah Akhundzada announced on Sunday issued an official order prohibition marijuana cultivation across the country. According to the UN Office on Drugs and Crime, Afghanistan is the world's second largest cannabis producer, after Morocco. The ban includes non-psychoactive hemp. "Cultivation in the whole country is completely banned and if anyone grows them, the plantation will be destroyed. The courts have also been ordered to punish the violators as per Sharia laws,"the statement reads.

Colombia President Suspends Ceasefire with Gulf Clan. President Gustavo Petro on Sunday suspended a ceasefire with the Gulf Clan, the country's biggest drug trafficking organization, after accusing it of attacking civilians. "I ordered the security forces to resume all military operations against the Gulf Clan,"he said on Twitter. "I will not allow them to keep sowing distress and terror in the communities,"Petro added. At the end of last year, Petro had declared a bilateral ceasefire with several armed drug trafficking groups, including the Gulf Clan, as well as the National Liberation Army (ELN) and FARC dissidents. It was the first step in Petro's "total peace" plan to end decades of violence through negotiation with the criminal groups. The Gulf Clan consist of former rightist paramilitaries and is estimated to control between 30 percent and 60 percent of the drugs exported from the country.

Peru Clash with Shining Path Remnants in Coca Valley Leaves Six Dead. Five Shining Path members and one army soldier were killed in a clash between the remnants of the 1980s leftist Shining Path insurgency and a military patrol in a coca-growing valley in the VRAE (Valleys of the Apurimac and Ene Rivers). The army patrol was looking for Victor Quispe Palomino, alias Comrade Jose. They didn't find him. Since the Shining Path was defeated militarily in the early 1990s, remnants of the group have remained in coca-growing areas in the VRAE where they are allied to cocaine trafficking groups. 

Sheriffs' Group Call on Congress to Act Against Cartels, DE Legal Pot Bill Advances, More... (3/16/23)

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)
Marijuana Policy

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. 

DE House Approves Marijuana Legalization, Anti-Cartel Resolution Filed in House, More... (3/8/23)

The Oklahoma marijuana legalization initiative gets crushed at the polls, a bipartisan federal bill to ease the rescheduling of therapeutic psychedelics gets filed, and more.

A congressional resolution would authorize the use of military force against Mexican cartels on the Mexican side of the border.
Delaware House Approves Marijuana Legalization Bill; Marijuana Regulation Bill Pending. The House on Tuesday gave final approval to House Bill 1, which legalizes the possession of up to an ounce by adults. Bill sponsor Rep. Ed Osienski (D) is also sponsoring House Bill 2, which would set up a regulatory system for marijuana commerce. That bill has passed out of committee and is awaiting a House floor vote. Last year, Osienski took a similar bifurcated path, with the legalization bill passing but the regulatory bill failing. Gov. John Carney (D) then vetoed the legalization bill. This year, the legalization bill passed with a veto proof majority.

Hawaii Senate Approves Marijuana Legalization Bill. The Senate voted overwhelmingly Tuesday to approve a marijuana legalization bill, Senate Bill 669. The bill would legalize the possession of up to 30 grams, allow for the home cultivation of up to six plants, expunge past possession convictions, and reduce penalties for unlicensed cultivation and sales. The bill also contemplates the existing medical marijuana industry morphing into a full-fledged adult use marijuana market under the aegis of a Hawaii Cannabis Authority. The bill is now before the House.

Oklahoma Marijuana Legalization Initiative Defeated. Voters on Tuesday decisively defeated a marijuana legalization initiative, State Question 820 by a margin of 62 percent to 38 percent. See out feature story later today for full coverage.

Psychedelics-                                                                                          

Bipartisan "Breakthrough Therapies Act" Updated and Filed. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) and Reps. Madeleine Dean (D-PA) and Nancy Mace (R-SC) on Thursday filed the "Breakthrough Therapies Act," which would streamline the federal rescheduling of drugs such as psilocybin and MDMA for therapeutic purposes. The bill would amend the Controlled Substance Act to create a pathway for current Schedule I drugs that could be deemed breakthrough therapies by the Food and Drug Administration (FDA) to qualify for a waiver under the Food, Drug, and Cosmetic Act and be moved to Schedule II, which is reserved for drugs with "currently accepted medical use with severe restrictions."

Missouri Therapeutic Psychedelic Bill Advances. The House Veterans Committee on Tuesday approved House Bill 1154, which would promote research into the therapeutic potential of psychedelics such as ketamine, MDMA, and psilocybin. The bill passed out of committee on a unanimous vote. The bill now awaits a possible House floor vote, which is yet to be scheduled.

Foreign Policy

.Reps. Dan Crenshaw (R-TX) and Tim Walz (R-FL) on Monday filed a resolution, HJ Res. 18 "to authorize the use of United States Armed Forces against those responsible for trafficking fentanyl or a fentanyl-related substance into the United States or carrying out other related activities that cause regional destabilization in the Western Hemisphere." The resolution is cutely titled "Authorization for the Use of Military Force to Combat, Attack, Resist, Target, Eliminate, and Limit Influence Resolution" or the "AUMF CARTEL Influence Resolution." The bill specifically lists nine Mexican drug trafficking organization to be targeted, including the Sinaloa Cartel, the Jalisco New Generation Cartel, the Gulf Cartel, and Los Zetas. 

Meth-Related Deaths Skyrocketed in 20 Years, MS Bill Would Ban "Gas Station Heroin," More... (2/22/23)

The Minnesota marijuana legalization bill continues to advance, so does a North Carolina medical marijuana bill, and more.

Products containing the unscheduled anti-depressant tianeptin, AKA "gas station heroin." (WZDK screen grab)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins One More Committee Vote. The bill, House File 100, won its 10th House committee vote Tuesday, passing out of the House Finance and Policy Committee. Meanwhile, the companion bill in the Senate is before the Health and Human Services Committee, which acted on several amendments but ran out of time before finishing its work on the bill for the day.

Medical Marijuana

North Carolina Medical Marijuana Bill Advances in Senate. A year after the Senate approved a medical marijuana bill only to see it die in the House, the bill, Senate Bill 3, is back and moving again. The measure passed the Senate Judiciary Committee on Tuesday. The bill now heads to two more committees, the Senate Finance Committee and the Senate Rules and Operations Committee before heading for a Senate floor vote. Although the House last year declined to take up the measure, the Republican House Speaker, Rep. Tim Moore, has suggested that the bill could pass with "the right restrictions." The bill would allow medical marijuana for a list of specified medical conditions and an advisory board could expand that list.  

Anti-Depressants

Mississippi Bill Would Ban Anti-Depressant Known as "Gas Station Heroin." The anti-depressant drug tianeptine, which works as an opioid agonist, is being sold as a "dietary supplement" in pill form in products such as Za Za and Tianaa. The drug is not sold as a pharmaceutical product or scheduled in the US, but a bill that would ban it, House Bill 4 has passed the House and is pending in the Senate. It would make it a schedule one drug, effectively banning it. Some state residents blame it for deaths, although it is unclear whether it is actually to blame.

Methamphetamine

Meth-Related Deaths Skyrocketed in Past 20 Years, But Most Also Involved Opioids. A new study from the University of Illinois finds that methamphetamine-related deaths increased a staggering 50-fold between 1999 and 2021, but that most of those deaths also involved heroin or fentanyl. In 1999, 608 deaths were attributed to meth. By 2021, the number had skyrocketed to nearly 52,400. In 2021, 61 percentof fatal meth overdoses also involved heroin or fentanyl, "The staggering increase in methamphetamine-related deaths in the United States is largely now driven by the co-involvement of street opioids," said lead researcher Rachel Hoopsick, an assistant professor of epidemiology at UI. "Mixing methamphetamine and opioids isn’t a new phenomenon. Although there has been an increase in the popularity of using these types of substances together, what has truly changed is the toxicity of the unregulated street drug supply, predominantly of fentanyl and other synthetic opioids. I believe that this is the primary driver of the increase in deaths."

Great Plains MedMJ Bills Filed, Biden Criticized Over Call for Harsh Fentanyl Penalties, More... (2/9/23)

An Arkansas Republican files a bill to put marijuana legalization before the voters in 2024, harm reductionists and drug reformers criticize the president's call for stronger criminal penalties around fentanyl, and more.

Nebraska and neighboring Kansas are both working to enact medical marijuana laws this year. (Creative Commons)
Marijuana Policy

Arkansas Republican Files Bill to Put Marijuana Legalization on 2024 Ballot. State Sen. Joshua Bryant (R-Rogers) filed a bill Wednesday to put a constitutional amendment to legalize marijuana on the 2024 general election ballot. The bill, SJR13, would legalize marijuana for adults and allow "craft or home growing" of pot plants. The move comes after a 2022 constitutional amendment to legalize marijuana was defeated at the polls by a margin of 56 percent to 44 percent.

Medical Marijuana

Kansas Senators File Medical Marijuana Bill. The Senate Federal and State Affairs Committee has filed a medical marijuana bill, Senate Bill 135. The measure would set up a system of licensed dispensaries from which patients could obtain a 30-day supply of marijuana, but only in the form of concentrates, topicals, or edibles—smoking or vaping would not be allowed. Patients suffering from a specified list of 21 medical conditions would be eligible. Patients would have to register with the state, but people who have a doctor's recommendation but have not registered would face only a fine for possession of up to 1.5 ounces of marijuana. Similar legislation passed the House in 2021, only to die in the Senate.

Nebraska Medical Marijuana Bill Gets Hearing. The single-chamber legislature's Judiciary Committee held a hearing on a medical marijuana, bill from Sen. Anna Wishart (D), Legislative Bill 588. The committee heard testimony from experts and advocates who relayed information about the plant's therapeutic value, as well as from Wishart herself, the state's most prominent medical marijuana advocate. Wishart has led so far unsuccessful efforts to put the effort directly before voters as a ballot initiative. "My goal is that no family has to flee our state to get access to medical cannabis for themselves or a loved one," Wishart said in her opening remarks. "This bill is not going to fail because of lack of compromise or thoughtfulness on the part of all of the senators and the stakeholders that have worked on this. If this bill fails, it will fail like it has in the past because of political pressure from a few people in our state who wield their power to stamp out the will of the people."

Drug Policy

Drug Reformers, Harm Reductionists Criticize Biden's State of the Union Call for Harsher Fentanyl Penalties. Harm reductionists and drug reformers took issue with one part of President Biden's plan to address the fentanyl crisis—his call for "strong penalties to crack down on fentanyl trafficking." Such an approach would only make matters worse, advocates said. "When you criminalize things, you create stigma around substances," said Maritza Perez Medina, director of federal affairs at the Drug Policy Alliance. "If people know they’re going to get in trouble for using substances, they’re going to be reluctant to call for help." Harm reduction advocacy group PAIN organizer Harry Cullen said that efforts to suppress fentanyl have led to the emergence of other dangerous substances in the drug supply, such  as the veterinary drug xylazine. "To double down on criminalization is not the way forward," Cullen said. 

DE Marijuana Legalization Bills Filed, NM Bill Would Increase Fentanyl Penalties, More... (1/23/23)

A Minnesota marijuana legalization bill continues to move, a New Hampshire bill that would legalize DMT gets a hearing, and more.

This could finally be the year Delaware legalizes weed. (Creative Commons)
Marijuana Policy

Delaware Marijuana Legalization Bills Filed. Last year, Gov. John Carney (D) vetoed a marijuana legalization bill and legislative Democrats lacked the votes to override it, but this year, with renewed Democratic strength in the legislature, the push is on again. Rep. Ed Osienski (D), who has led the effort for years, has now filed a pair of marijuana legalization bills, House Bill 1 and House Bill 2. The former would legalize marijuana, while the latter would regulate the industry. Committee hearings on the bills will be held this week.

Minnesota Marijuana Legalization Bill Wins Second Committee Vote. A bill to legalize marijuana, House File 100, continues to move. It passed its second committee vote last Friday, being approved by the House Judiciary Finance and Civil Law Committee on a voice vote, with amendments. It still faces up to a dozen committee votes before it reaches the House floor.

Opiates and Opioids

New Mexico GOP Lawmakers Seek to Increase Fentanyl Penalties. Reps. William Rehm (R), Randall Pettigrew (R) and Stefani Lord (R) have filed House Bill 60, which attempts to address the state's fentanyl problem by increasing penalties for possessing specified amounts of the drug. The bill would increase prison sentences for fentanyl possession by three, five, or seven years, depending on the quantity. If someone possessed more than 25 pills, three years would be added; the seven-year increase would kick in if more than 75 pills were found .The bill is scheduled to be heard first by the House Consumer and Public Affairs Committee, but a date for the hearing hadn't been set.

Psychedelics

New Hampshire Bill Would Legalize DMT. A bill that would legalize dimethyltryptamine (DMT), the psychoactive ingredient in ayahuasca, got a hearing in the House Criminal Justice and Public Safety Committee last week. The measure, House Bill 216, would exempt dimethyltryptamine or DMT from the controlled drug act. It is sponsored by Rep. Matthew Santonastaso (R). Speakers at the hearing cited the drug's religious use as well as its potential to help people dealing with PTSD and help people overcome addictions. The state police testified in opposition to the bill. No vote was taken.

The Top Ten International Drug Policy Stories of 2022 [FEATURE]

Here is the good, the bad, and the ugly in international drug policy developments in 2022. (Read about 2022's good, bad and ugly in domestic drug policy here.)

1. The Taliban Bans Opium

With the withdrawal of US and coalition forces and subsequent rapid collapse of the Afghan government in August 2001, the Taliban once again took power in Kabul. During its earlier rule, it banned opium cultivation in 1997 (with little impact) and again in 2000. But after the Taliban was overthrown in late 2001, the country saw two decades of massive opium production, making Afghanistan the world's leading supplier of opium and heroin, accounting for more than 80 percent of global supply throughout this century.

Upon resuming its control of the country, the Taliban once again instituted a ban on opium cultivation, making a formal announcement of a ban in April 2022. Even now, at the end of the year, it is too early to tell how serious the Taliban are or how effective the ban will be, although UN Special Representative in Afghanistan Roza Otunbayeva reported in December that there is evidence the ban is being implemented. "Fields planted before and after the declaration have been destroyed," she said. "We will not be able to verify the actual implementation of this ban until early next year but the intention behind it is commendable. Nonetheless, the ban will have a negative effect on the income of individual farmers as few alternative livelihood programs were put in place."

This year, though, the opium crop is "the most profitable in years," the UN reported in November, with cultivation up by nearly a third and prices soaring because of the looming ban. Sowing of the 2023 crop was supposed to be done by November, and it is unclear how much uncertainty about how the ban will be enforced has affected the sowing of the crop. The answer will come in the spring when it is harvest time for the poppy crop.

2. Colombia Elects a Former Guerrilla Drug War Critic as President

In an election that has overturned a decades-long status quo in Colombian politics and threatens to upend US-Colombia relations, former leftist guerrilla and Bogota Mayor Gustavo Petro won the presidency in June. He beat his competitor, Trumpian businessman Rodolfo Hernández, by a margin of 50.44% to 47.03%.

Petro is a harsh critic of the US-imposed war on drugs, which he says has cost a million Latin American lives even as the US has spent $20 billion since the days of Plan Colombia to wage a drug war entwined with a vicious counterinsurgency. That spending may have helped drive the leftist guerrillas of the FARC to the negotiating table -- a peace accord was signed in 2016 -- but it has not stopped the coca and cocaine trade, which is now undergoing a boom.

After Petro's election, but before he took office in August, a truth commission appointed as part of the 2016 peace accords called for the government to quit focusing on suppressing illicit drugs and instead take the global lead in moving to "strict legal regulation" of those substances. It recommended a new approach to illicit drug production that focuses more on sustainable development and less on the eradication of coca. The commission's recommendations are non-binding, but Petro has said he will follow them.

Petro has been in office for less than six months, but he already held a first assembly of coca growers and called for a regional assembly to discuss hemispheric drug policy. He has also angered the US by vowing not to extradite drug traffickers, and threatening to move toward cocaine decriminalizationand ban the spraying of coca fields with herbicides.

Cocaine decriminalization is not happening yet, but marijuana legalization is. A legalization bill has passed the House and Senate, clearing the way for final votes early next year. Look for Colombia to continue to steer a course away from drug war orthodoxy as the Petro presidency continues.

3. Duterte Leaves Office but His Philippine Drug War Legacy Lingers

Filipino President Rodrigo Duterte became ex-president Duterte in June, having finished his six-year term and leaving a legacy of bloody drug war killings. The Philippines National Police have officially admitted killing more than 6,200, but human rights groups put the total toll of dead in Duterte's drug war at around 30,000, with many killed by shadowy vigilantes.

The widespread drug killings under Duterte were condemned by Western governments and human rights groups and sparked an investigation by the International Criminal Court as a possible crime against humanity.

Duterte's successor, President Ferdinand "Bongbong" Marcos Jr., the son of the deposed former dictator, is attempting to portray his own drug policies as distinct from Duterte's lethal efforts, but he's made clear that he is not planning to undertake a policy change, his claim to focus on rehabilitation has yet to substantially materialize, and the government's few current "drug rehabilitation" programs are involuntary, coercive, and expose drug users to further stigma.

And Philippines police are continuing to kill people in the name of fighting drugs, albeit at a lower level than during the Duterte era. In November, police tried to claim the death toll was "very minimal," saying only 46 people had been killed since June 30, when Marcos took office. But the government's habit of lying, obstructing, and obfuscating, so well developed under Duterte, appears to remain intact under Marcos. An independent estimate from the University of the Philippines Third World Studies Center put the actual number of people killed in drug war incidents at 127, nearly three times the police number.

4. Mexico's Drug War Continues Unabated

Four years into his six-year term, President Andres Manuel Lopez Obrador (AMLO) is having no more luck with his "kisses not bullets" approach to his country's violent drug trafficking organizations than his predecessors did with their various efforts to rein in the so-called cartels. After four years of AMLO, the country has seen 140,000 murders, most of them committed by the cartels. That is a 61 percent increase over the same four-year period under his immediate predecessor, Enrique Pena Nieto.

AMLO has also scrapped the Federal Police, replacing them with the National Guard, which he wants to fold into the armed forces. In a worrying sign, the military is now shouldering more and more of the overall responsibility for dealing with violent.

And it is not working. The competing cartels periodically take a respite from trying to kill each other and go to work terrorizing the state and its agents, as was the case in August and September, when the cartels and allied gangs rampaged across four states, shutting down roads and businesses, burning vehicles and businesses, and attacking police and troops, including a stunning series of attacks in Tijuana.

Meanwhile, the cartels continue to work away assiduously at their main enterprise: exporting massive amounts of methamphetamine and fentanyl into the United States.

5. Canada's British Columbia Wins Approval for Drug Decriminalization

Faced with an intractable drug overdose problem, British Columbia, long a leader in progressive approaches to drug policy, in October 2021 requested an exemption from the federal Controlled Drugs and Substances Act to allow it to decriminalize the possession of small amounts of drugs such as cocaine, heroin, and methamphetamine. Health Canada granted that exemption in June 2022.

The new measure goes into effect on January 31, 2023 and will extend three years to January 31, 2026. Under the decrim plan, possession of up to 2.5 grams of those drugs (cumulatively) will not result in arrest or confiscation of the drugs. While decriminalization is a first in Canada, activists in Vancouver and throughout the province are critical of the low weight limits and of the fact that minors will continue to be arrested regardless of the weight of the drugs they are carrying.

British Columbia's pending drug decriminalization will be first for Canada, but it's not the first in North America. Mexico decriminalized drug possession in 2009 and Oregon voters decriminalized drug possession in 2020.

6. Saudi Arabia Resumes Death Penalty for Drug Offenses

After halting executions of drug offenders in January 2020, Saudi Arabia suddenly and without warning resumed them on November 10. Two weeks later, it announced that 20 men had been executed for drug offenses. Dozens of people remain on death row for drug offenses and face imminent execution.On November 22, the Office of the United Nations High Commissioner for Human Rights urged the Saudi government to halt the imminent execution of one drug prisoner and called on the Saudi authorities to adopt an official moratorium on executions for drug-related offenses, commute death sentences for drug-related offences, and guarantee the right to a fair trial for all defendants, including those accused of committing such crimes, in line with the law and its international obligations.

Nearly three dozen NGOS led by the European Saudi Organization for Human Rights, Harm Reduction International, and the World Coalition Against the Death Penalty have called on the International Narcotics Control Board and the United Nations Office on Drugs and Crime to act on urgent measures in response to the series of drug-related executions carried out by the Kingdom of Saudi Arabia since November 10.

Globally, 146 countries, including 20 member states of the Organization of Islamic Cooperation, have abolished the death penalty. The United Nations does not consider drug offenses to be among the most "serious" crimes that would warrant the death penalty, and resort to the death penalty for such offenses contradicts the standards of the United Nations Office on Drugs and Crime and the International Narcotics Control Board.

7. Pakistan Moves to End Death Penalty for Drug Offenses

At year's end, Pakistan's lower house, the National Assembly, passed the Control of Narcotic Substances Amendment Bill 2022, which abolishes the death sentence for drug dealing and converts it into a life sentence. The bill comes as the country has seen a spate of executions for different sorts of offenses since 2014, when it lifted a six-year moratorium on the death penalty in the wake of a terrorist attack on an army school that left 132 children dead.

The vote came just weeks after Saudi Arabia's execution of three Pakistani nationals when it suddenly resumed drug executions in November.

Earlier in the year, the Senate Standing Committee on Anti-Narcotics approved keeping the death penalty for certain trafficking offenses, but in September, President Arif Alvia approved the amendment allowing for life sentences instead.

8. Russia Weaponizes Its Draconian Drug Laws to Turn American Athlete Brittney Griner into a New Cold War Political Pawn

Russia has long used its draconian drug laws against its own citizens, including dissidents, but this year the Kremlin was able to deploy them as a means of pressuring the United States when Russian customs officials arrested American women's basketball star on drug trafficking charges as she entered the country to play off-season pro ball a week before Russian troops invaded Ukraine.

Russia has theoretically adopted the decriminalization of small-scale drug possession, but officers commonly find just enough of a drug to file criminal charges, as was the case with Griner. Although Griner was found with vape cartridges containing less than a gram of medically-recommended cannabis oil, she was charged not with drug possession but with smuggling "a significant amount" of proscribed drugs, a crime that carries a prison sentence of up to ten years.

She was duly convicted in a Russian court and sentenced to 9 ½ years in a Russian prison, creating an embarrassment and distraction for the Biden administration, which faced mounting pressure to win her release. After months of behind-the-scenes negotiations, a prisoner swap was announced, and Griner was released in December in exchange for convicted Russian arms dealer Viktor Bout, who had been sentenced to a minimum of 25 years in prison in 2011 (after already serving three years in pretrial detention).

9. European Countries Move Down Path to Marijuana Legalization

Late last year, Malta became the first European country to legalize marijuana, and this year, several other countries have been taking steps along the same path. In June, Luxembourg move to enact marijuana reforms, although it has retreated from "legalization" to "regulation," and is proposing the decriminalization of up to three grams of marijuana and allowing the cultivation of up to four plants at home. The government had originally proposed full-blown commercial legalization back in 2018 and says that still remains its goal.

In October, Germany unveiled its marijuana legalization plan. The health ministry rolled out a plan that includes the decriminalization of the possession of up to 30 grams of marijuana as well as allowing for the sale of marijuana to adults in a regulated marketplace. The German government will also consult with the European Union's executive commission to ensure that the legalization plan complies with EU laws and will move forward "on this basis" only if the EU approves.

And in November, the Czech Republic began drafting a marijuana legalization bill. The country has already legalized medical marijuana and decriminalized the possession of up to 10 grams of marijuana for adult use, but the country's center-right governing coalition has now begun the process of a drafting a full marijuana legalization bill. The issue was pushed by the Czech Pirate Party, the smallest member of the governing coalition, which said legalization would "make the Czech Republic a freer country" and "bring billions into public budgets."

10. Thailand Kind of, Sort of Legalizes Marijuana

In June, the Thai government removed marijuana from the country's narcotics list, allowing people to grow all the weed they want and freeing more than 3,000 marijuana prisoners. But the law only legalizes marijuana extracts containing less than 0.2 percent THC, meaning that while people can grow all the plants they want, consuming what they produce will remain technically illegal, as is the case with sales now.

But that has not stopped the use and sale of full-potency marijuana. What began as a flowering of edibles and tinctures shops in June has now morphed into a full-blown recreational marijuana scene, with thousands of dispensaries of dubious legality and the government impotently warning a tide of marijuana tourists they are not welcome.

The government's marijuana moves have been confusing and controversial, and the government is attempting to bring some order to the situation with a 95-article Marijuana Bill that seeks to regulate gray areas around cultivation, consumption, and sales. That bill is expected to be passed before the country's next general in May.

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