Rep. Alexandria Ocasio-Cortez files an amendment to encourage psychedelic research, President Biden says he will stay tough on Chinese opioid exports, and more.

President Biden vows to keep pressuring China on opioids, but a better approach may be to ramp up harm reduction here.

AOC Files Amendment to Promote Psychedelic Research in Omnibus Appropriations Bill. Rep. Alexandria Ocasio-Cortez (D-NY) has for the second time filed an amendment to a multi-agency appropriations bill that aims to promote research into psychedelics such by removing a rider than has been in effect since 1996 that bars the use of federal dollars "any activity that promotes the legalization of any drug or other substance in Schedule I." A description of the amendment says it is designed to allow "United States researchers to study and examine the potential impacts of several schedule I drugs, such as MDMA, psilocybin, and or ibogaine, that have been shown to be effective in treating critical diseases. She introduced an earlier version of the amendment in 2019 only to see it voted down in a bipartisan and overwhelming fashion, but has a lot has changed in the realm of psychedelics since then.

Foreign Policy

Biden Vows to Continue Pressure on China over Opioids. At a town hall meeting in Cincinnati Wednesday, President Joe Biden vowed to continue "this encounter with China" over opioids, saying that his administration is "addressing the opioid issue" by increasing the number of people in the Justice Department. Biden has repeatedly criticized China, which is a major source of fentanyls and precursor chemicals that go into Mexico and from there into the US, accusing it of failing to crack down on drug trafficking. China banned two fentanyl precursors in 2018, but has not taken additional steps since then.

"I don't think we can do much to delay the export of these drugs in these countries, said Ben Westhoff, author of Fentanyl, Inc., arguing instead for enhanced harm reduction measures at home. In that book, Westhoff put the number of Chinese chemical companies at more than 400,000.

International

Mexico's Chiapas State Sees Formation of Militia to Counter Drug Cartels. A newly formed and heavily armed indigenous militia announced its presence by marching masked and armed through the streets of Pantelho in the southern Mexican state of Chiapas last weekend. The militia, calling itself "El Machete," said in an online manifesto that it is a "David" fighting against the "Goliath" of drug cartels and their assassins, and that it seeks peace, democracy, and justice. While self-defense militias to fend off organized crime have been sporadically active in states such as Michoacan and Guerrero for years, "El Machete" is the first such group to emerge in Chiapas, which attracts competing drug trafficking groups because of its location on the Guatemalan border, and which was the birthplace of the Zapatista uprising back in 1994.

Washington's governor commutes some drug possession sentences after the state's Supreme Court voids its felony drug possession law, the St. Louis County Council votes to decriminalize pot possession, the Orleans Parish prosecutors is not going to try most drug possession cases anymore and more.

There's a move afoot in Congress to finally end the sentencing disparity between crack and powder cocaine.

Connecticut Poll Finds Strong Support for Marijuana Legalization, Expungement. As legislators ponder whether to make Connecticut the next state to legalize marijuana, a new poll from Sacred Heart University shows strong popular support for the move. The poll had support at 66%, with 62% saying that if marijuana is legalized, those with prior marijuana convictions should have their records expunged.

St. Louis County Council Votes to Decriminalize Pot Possession. The council Tuesday night approved a resolution reducing the penalty for possessing less than 35 grams of marijuana to a fine of less than $100. The previous penalty had been up to a year in jail and a $1,000 fine.The Maplewood City Council also passed legislation Tuesday night to decriminalize marijuana possession.

Medical Marijuana

North Carolina Medical Marijuana Bill Filed. A medical marijuana bill with bipartisan has been filed in the Senate. Senate Bill 711, the North Carolina Compassionate Care Act, would protect doctors and patients from civil and criminal penalties for using or recommending medical marijuana and would allow the cultivation and sale of medical marijuana in the state. The bill has been referred to the Senate Committee on Rules and Operations.

Drug Policy

Orleans Parish District Attorney Will No Longer Charge Small-Time Drug Possession Offenses, Except for Heroin and Fentanyl. The Orleans Parish District Attorney's office has adopted a policy of refusing to prosecute charges for possession of small amounts of drugs. New Orleans police may continue to arrest people for small-time possession, but they will not be prosecuted for "an amount intended for personal use." But there is one big exception: Heroin and fentanyl charges will continue to be prosecuted.

Pardons and Commutations

Washington Governor Commutes Sentences After Felony Drug Possession Law Thrown Out. In the wake of a state Supreme Court decision voiding the state's felony drug possession law, Gov. Jay Inslee (D) announced Tuesday that he had commuted the sentences of 13 prisoners who were incarcerated on drug possession charges. More commutations are coming, his office said.

Sentencing

Coalition Asks Judiciary Committee Chairs to Eliminate Crack-Powder Cocaine Sentencing Disparity. More than two dozen think tanks and advocacy groups from across the political spectrum have banded together to call on the chairs and ranking members of the House and Senate Judiciary committees to end the crack-powder cocaine federal sentencing disparity by passing Senate Bill 71, the EQUAL Act. Sponsored by Sen. Cory Booker (D-NJ), the bill would eliminate the sentencing disparity between crack and powder cocaine and make that change retroactive.

Biden Administration Supports Temporary Extension of Ban on Fentanyl Analogues. The Justice Department said Monday it would support a bill that would extend a temporary ban on fentanyl analogues for another seven months. The Trump-era ban is set to expire next month without action by Congress. The department said it would "work with Congress to seek a clean, seven-month extension to prevent this important law enforcement tool from lapsing." The move has been opposed by criminal justice reform groups some researchers, who worry it could incite mass incarceration and make research more difficult. The department acknowledged these concerns, saying it intends to "address legitimate concerns related to mandatory minimums (prison terms) and researcher access to these substances."

Public Health

Drug Overdoses Hit Record High During Pandemic. Preliminary data from the Centers for Disease Control and Prevention (CDC) show that more than 87,000 people died of drug overdoses in the 12-month period that ended in September. That's the largest number for any year since the opioid epidemic began in the mid-1990s. The biggest jump in deaths took place in April and May, in the depths of pandemic lockdowns and attendant fear and stress.

The New York legislature approved marijuana legalization last night and the governor says he will sign the bill, a drug decriminalization bill has been filed in Washington state, North Carolina Republican senators head in the opposite direction when it comes to fentanyl, and more.

President Joe Biden is not leading the way on marijuana legalization. (Creative Commons)

Biden Still Opposed to Marijuana Legalization, Press Secretary Says. In response to a question from reporters about whether President Biden would support a push by Democratic senators to legalize marijuana federally, White House Press Secretary Jen Psaki told reporters on Tuesday that the president "believes in decriminalizing the use of marijuana" and that his stance opposing legalization "has not changed."

Colorado Bill to Double Legal Possession Quantity Passes House. A bill that would double the amount of marijuana that it is legal to possess, House Bill 1090, passed the House on Tuesday. The bill would make possession of up to two ounces legal, as well as expanding opportunities for people with marijuana records to get those offenses expunged. The bill now heads for a Senate committee.

New Mexico Marijuana Legalization Bills Advance in First Day of Special Session. Marijuana legalization has now been divided into two bills, both of which advanced Tuesday in the first day of special session called to get the legislation passed. The new House Bill 2, which would legalize the possession and sale of marijuana for people 21 and over, passed both the House Taxation and Revenue committee and the House Judiciary Committee. House Bill 2 is largely the same as House Bill 12, but has criminal justice provisions, including expungement, stripped out. Those provisions are now embodied in the new Senate Bill 2, which passed the Senate Judiciary Committee Tuesday. The full Senate will take it up today.

New York Legislature Approves Marijuana Legalization. After hours of debate Tuesday, the state Senate voted 40-23 to approve the Marijuana Regulation and Tax Act (MRTA) (Senate Bill 854), which would immediately legalize the possession of small amounts of marijuana and set the stage for a taxed and regulated legal marijuana market. The House followed up hours later, approving the bill on a 100-49 vote. An embattled Governor Andrew Cuomo (D) reached an agreement with legislative leaders on the bill over the weekend and has said he will sign it into law. Tuesday night, Cuomo said he looked forward to signing the bill. "New York has a storied history of being the progressive capital of the nation, and this important legislation will once again carry on that legacy," he said.

Virginia Governor Asks Legislature to Make Marijuana Legal in July, Not 2024. Gov. Ralph Northam (D) has asked the legislature to amend the marijuana legalization bill it approved earlier this month by moving up the effective date for the legalization of marijuana possession to this coming July, instead of waiting for 2024. The move came on the last day for the governor to act on the bill. He also wants to move up allowing home cultivation of up to four plants per household as of July 1, 2021. The bill will now go back to the legislature for final approval.

Medical Marijuana

Nebraska Medical Marijuana Bill Wins Committee Vote A Nebraska committee on Tuesday approved a bill to legalize medical marijuana in the state, Legislative Bill 474. The bill would allow patients with specified qualifying conditions to possess and purchase up to two and a half ounces of marijuana from licensed dispensaries. It would not, however, allow patients to smoke marijuana. The bill now heads for a final legislative floor vote.

South Carolina Medical Marijuana Bill Wins Senate Committee Vote. The Senate Medical Affairs Committee voted 9-5 Wednesday to approve a medical marijuana bill, (Senate Bill 150/ House Bill 3361), clearing the way for a Senate floor vote next week. The bill would allow patients with debilitating medical conditions to access medical marijuana from licensed dispensaries.

Drug Policy

North Carolina Republican Senators' Bill to Increase Penalties for Fentanyl Possession Advances. A group of Republican state senators have filed Senate Bill 321, which would make possession of fentanyl a felony. Possession of fentanyl is currently a misdemeanor, but the bill would make it a Class I felony, putting it in the same class as heroin, cocaine, and methamphetamine. The bill passed the Senate Judiciary Committee Tuesday and will be considered by one more committee Wednesday before being scheduled for a vote in the full Senate.

Washington State Drug Decriminalization Bill Filed. State Senators Liz Lovelett (D) and cosponsors have filed Senate Bill 5476, which would decriminalize the possession of "personal use amounts" of drugs. The state is currently without a felony drug possession law after the state Supreme Court threw out that law earlier this month. The bill is now before the Senate Ways and Means Committee.

Foreign Policy

US Investigations into Cartels Paralyzed by Standoff with Mexico. Cooperation between US and Mexican authorities into Mexican drug cartels has come to a standstill since Mexico last December enacted a law requiring US officials to report their law enforcement contacts in the country to Mexican officials, whom they view as largely corrupt. Investigators on both sides of the border have paused cooperation over fears that the new disclosure rules could compromise cases or, worse yet, get Mexican officials helping the Americans killed. Drug raids on Mexican drug labs have largely stopped and US officials are having more difficulty tracking cocaine shipments through Mexico. The Mexican government acted in December after a retired Mexican general was arrested by the DEA in Los Angeles in October, then released after loud protests from Mexico.

Hawaii legislators take up marijuana reform bills, Maryland legislators take up marijuana legalization, and more.

Fentanyl and its analogues are the object of a harsh new drug sentencing proposal in Arizona. (DEA)

Hawaii Marijuana Legalization Bill Advances. The Senate Public Safety, Intergovernmental and Military Affairs Committee voted on Tuesday to approve a marijuana legalization bill, Senate Bill 767. It would legalize possession of one ounce of marijuana or less by anyone who is 21 years old or older.

Hawaii Marijuana Decriminalization Bill Advances. The Senate Committee on Public Safety, Intergovernmental, and Military Affairs also voted on Tuesday to approve Senate Bill 758 would increase from 3 grams to 1 ounce the minimum amount of marijuana that a defendant must possess to be charged with a petty misdemeanor. It would also permit persons previously convicted of possessing 1 ounce or less of marijuana to have the conviction expunged from their criminal record.

Maryland Legislators Hold First Committee Hearing on Marijuana Legalization. The House Judiciary Committee held a hearing Tuesday on a marijuana legalization bill, House Bill 32. No vote was taken. Another marijuana legalization bill, Senate Bill 708, is set to be heard in committee on March 4. HB 32 would legalize up to four ounces of pot by adults, allow home cultivation, allow an unlimited number of microbusiness licenses. That is the main difference with SB 708.

Sentencing Policy

Arizona Bill Would Charge Those Who Provide Drugs Linked to Overdoses with Murder. People who sell or share drugs linked to overdose deaths could face as much as 25 years in prison under a measure, House Bill 2779, that would create the crime of "drug trafficking homicide." The bill would also make people convicted under the charge ineligible for probation or early release. And it would create tougher mandatory minimum sentences for people caught selling or even possessing small amounts of heroin, fentanyl, and fentanyl analogues.