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CA Bill to Protect Workers' Off-Duty Marijuana Use Passes, OK Supreme Court to Decide If Legal Pot Initative Makes Ballot, More... (8/31/22)

Workers' rights to use marijuana off duty are in the news, a Missouri marijuana legalization campaign draws organized opposition from within the cannabis community, and more.

Marijuana Policy

California Bill to Protect Workers from Firing for Off-Duty Marijuana Use Heads to Governor's Desk. A bill that would provide broad employment protections for workers who use marijuana off the job, Assembly Bill 2811, has been approved by the legislature, easily winning a final concurrence vote in the Assembly late last week. The bill would "make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person" solely because of off-duty marijuana use. The bill would also bar employees from demanding that workers or potential hires undergo marijuana testing, with exceptions for federal employees and some safety-sensitive positions. The bill now heads to the desk of Gov. Gavin Newsom (D).

Missouri Marijuana Legalization Initiative Draws Organized Opposition—from Within the Cannabis Community. The marijuana legalization initiative from Legal Missouri 2022 has drawn its first organized opposition, and those foes are coming from within the Kansas City cannabis community and allied lawmakers. The critics say the initiative does not offer social equity provisions and that by legalizing marijuana through a constitutional amendment, it removes legislators from the process and prevents legislative oversight. Members of the Impactful Canna Reform Coalition include state Rep. Ashley Bland Manlove (D-Kansas City), a pair of Kansas City medical marijuana businesses, a cooking and catering business, a holistic wellness company, an herbal remedy company, and Kansas City-based community organizers. "The capitalism monster loves to exploit you, and that is what’s happening with this petition," Bland Manlove said in a statement. "Myself and like-minded community partners realized people from politicians to Bob on the street didn’t know the details. We want to make it known."

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct. The state's highest court has ruled that a casino employee who was fired after he was injured on the job and then tested positive for marijuana does not any legal recourse. Under state law, workers cannot be punished for the "lawful use" of products while not on duty, but the Supreme Court held that because marijuana remains illegal under federal law, its use is not "lawful," and the employee is therefore not protected. The case is Ceballos v. NP Palace LLC.

Oklahoma Supreme Court Agrees to Consider Whether Marijuana Legalization Initiative Should Be on November Ballot. Organizers behind the State Question 820 marijuana legalization initiative handed in sufficient signatures to meet state requirements, but the initiative still might be kept off the ballot because, for the first time, the state used a private contractor to count signatures and that contractor slow-walked the signature counting process so long that the statutory deadline to put the question on the ballot passed last week. The count, which normally takes two or three weeks, took seven weeks this time, and now, proponents have asked the state Supreme Court to intervene. On Tuesday, the Supreme Court agreed to take up the issue. If it rules against the initiative campaign, the measure would then go before voters either in a later special election called by the governor or on the November 2024 ballot.

AR Legalization Init Has Enough Signatures, UN Experts Criticize Singapore Drug Executions, More... (7/29/22)

Marijuana seizures at the US-Mexican border are down again, Colombia's Gulf Clan is escalating its attacks on police as it jockeys for position in upcoming negotations, and more.

San Francisco could become the largest US city to decriminalize psychedelics. (Creative Commons)
Marijuana Policy

Feds Report Significant Year-Over-Year Decline in Marijuana Seizures at the US Border. The amount of marijuana seized at the US-Mexico border has dropped dramatically this fiscal year, with seizures averaging 408 pounds a day, down from an average of 874 pounds a day during FY 2021, according to the Department of Homeland Security. Other drug seizures at the border are up, but the decline in marijuana seizures is part of a consistent downward trend in recent year. As the DEA has noted, "In US markets, Mexican marijuana has largely been supplanted by domestic-produced marijuana."

Arkansas Marijuana Legalization Initiative Set to Qualify for Ballot. State officials have confirmed that a marijuana legalization initiative from Responsible Growth Arkansas has submitted enough valid voter signatures to qualify for the November ballot. But the state Board of Election Commissioners must first approve the popular name and ballot title of the measure. It would legalize the possession of up to an ounce by people 21 and over, but not home cultivation. It would also set up a system of taxed and regulated marijuana commerce.

Psychedelics

San Francisco Psychedelic Decriminalization Resolution Filed. Supervisors Dean Preston (D) and Hillary Ronen (D) have filed a resolution to decriminalize psychedelics such as psilocybin and ayahuasca. The resolution also calls for broader statewide reform. If the resolution is passed, San Francisco would be the most populous city in the country to decriminalize psychedelics.

International

Colombia's Gulf Clan Trafficking Group Stepping Up Attacks on Police. The Gulf Clan, the country's most powerful drug trafficking organization, is stepping up a campaign of violence against police that began in May, when its leader, Dario Antonio Usuga, known as "Otoniel," was extradited to the United States to face trafficking charges. But now, as the country approaches the transfer of power from conservative President Ivan Duque to leftist former guerrilla Gustavo Petro, is ratcheting up the violence, apparently in a bid to bolster its prospects in potential negotiations with the new government. At least 25 police officers have been killed by the Gulf Clan, 12 of them in the last month, and three in just the past week.

UN Experts Call for Immediate Moratorium on Singapore Executions for Drug Offenses. UN experts have condemned the execution of Nazeri Bin Lajim, a 64-year-old Malay Singaporean national convicted of drug offenses and urged the Government of Singapore to halt plans to execute individuals on death row for drug-related charges. There has been a sharp rise in execution notices issued in Singapore this year.

Nazeri Bin Lajim was arrested in April 2012 and convicted for trafficking 33.39 grams of diamorphine under the 1973 Misuse of Drugs Act in September 2019. The mandatory death penalty was subsequently imposed in his case and enforced on 22 July 2022. "Under international law, States that have not yet abolished the death penalty may only impose it for the 'most serious crimes', involving intentional killing," the experts said. "Drug offences clearly do not meet this threshold."

The experts reiterated that, as per the Working Group on Arbitrary Detention's report on arbitrary detention relating to drug policies andits subsequent jurisprudence, imposing the death penalty for drug-related offenses is incompatible with international standards on the use of the death penalty.

AZ Churches Sue Feds Over Ayahuasca Seizures, Schumer's Legalization Bill Coming Within Days, More... (7/20/22)

Indonesia's Constitutional Court rejects medical marijuana but calls for "immediate" study, DC Mayor signs bill providing workplace protections for marijuana users, more.

Weed will be on the Senate's mind next week. (Creative Commons)
Marijuana Policy

Senate Hearing on Marijuana as Filing of Legalization Bill Looms. The Senate Judiciary Subcommittee on Crime and Terrorism has scheduled a hearing for next Tuesday on "Decriminalizing Cannabis at the Federal Level: Necessary Steps to Address Past Harms." The hearing, led by Sen. Cory Booker (D-NJ), a strong proponent of Senate Majority Leader Chuck Schumer's pending legalization bill, the Cannabis Administration and Opportunity Act, comes amid word that the bill will drop any day now. Schumer has blocked incremental marijuana reforms, such as the SAFE Banking Act, saying he wants a full-blown legalization bill.

Kentucky Democrats Announce Plan for Legalization Bill. Frustrated by the failure of the Republican-controlled state legislature to act even on medical marijuana, state Democrats announced Thursday they will be filing legislation to legalize marijuana for both medical and recreational use. They said they would fill "LETT's Grow" bills in both house. LETT is short for Legalizing sales, Expunging crimes, Treating medical needs, and Taxing sales. "Our legislation is the comprehensive plan that Kentuckians deserve, and it builds on what's worked in other states while avoiding their mistakes," said Rep. Roberts of Newport. "This would be a boon for our economy and farmers alike, plus give state and local governments a major new source of revenue."

DC Mayor Signs Bill Providing Workplace Protections for Marijuana Users, Mayor Muriel Bowser (D) has signed into law a bill that most employers from firing or refusing to hire workers because they use marijuana. The bill would "prohibit employers from firing, failing to hire, or taking other personnel actions against an individual for use of cannabis, participating in the medical cannabis program, or failure to pass an employer-required or requested cannabis drug test, unless the position is designated safety sensitive or for other enumerated reasons." There are exceptions for police, safety-sensitive construction workers, people whose jobs require a commercial drivers' license, and people who work with children or medical patients. The new law must still be approved by Congress before it can go into effect.

Psychedelics

Arizona Churches Sue Over Seizure of Sacramental Ayahuasca. Two Arizona churches, the Arizona Yagé Assembly and the Church of the Eagle and the Condor, have filed suit in federal court over the seizure of ayahuasca, a key element in their religious practice, by federal agencies. In separate lawsuits, the two churches charge that the federal government has violated the constitutional right to the free exercise of religion, citing the Religious Freedom Restoration Act. That law bars the government from burdening the exercise of religion unless there is a compelling government interest and only if that action if the least restrictive means of furthering that interest.

The Church of the Eagle and the Condor says that US Customs and Border Protection has been seizing and destroying its ayahuasca since 2020. The churches say drinking ayahuasca is "an essential mode of worship" for members, but federal agencies say any possession of ayahuasca, a Schedule I substance, violates the Controlled Substances Act. "The church and its members are aware that their sacrament is proscribed by law, but they have partaken in their sacrament both before and after the United States made a credible threat of enforcement of the CSA against them," the suit says. "Plaintiffs are violating and intend to continue to violate applicable law, rather than compromise or terminate their sincerely held religious beliefs and practices."

International

Indonesia High Court Rejects Medical Marijuana But Calls for Immediate Study. The Constitutional Court on Wednesday nixed a judicial review of the country's drug law that could have opened the door for medical marijuana. Three mothers of children with cerebral palsy backed by civil society groups had sought the review, arguing that marijuana could be used medicinally to treat medical conditions. The court held there was insufficient research to rule in favor of the plaintiffs, but called on the government to "immediately" conduct research on the medicinal use of the herb… The results of which can be used to determine policies, including in this case the possibility of changing the law," said judge Suhartoyo.

MA Drug Decrim Bills Move to Study Phase, New San Francisco DA Pledges Drug Crackdown, More... (7/13/22)

DC's congressional delegate files an amendment to allow marijuana use in public housing in places where weed is legal, Connecticut hands out its first social equity marijuana growing licenses, and more.

San Francisco's Tenderloin (Creative Commons)
Marijuana Policy

Eleanor Holmes Norton Files Amendments to Allow Marijuana Use in Public Housing in Jurisdictions Where It Is Legal. Congresswoman Eleanor Holmes Norton (D-DC) announced Wednesday that she has filed two amendments at the House Rules Committee to the fiscal year 2023 Transportation, Housing and Urban Development, and Related Agencies Appropriations bill to allow marijuana in public housing in jurisdictions where marijuana is already legal. One amendment would prohibit the Department of Housing and Urban Development (HUD) from using its funds to enforce the prohibition on marijuana in federally assisted housing in jurisdictions where recreational marijuana is legal. The other would prohibit HUD from using its funds to enforce the prohibition on medical marijuana in jurisdictions where medical marijuana is legal. The amendments are co-led by Congressman Earl Blumenauer (D-OR) and Congresswoman Barbara Lee (D-CA).

Connecticut Social Equity Council Awards First Commercial Marijuana Licenses. The state took another step toward getting retail marijuana sales up and running Tuesday as the Social Equity Council awarded its first commercial marijuana licenses. The 16 licenses are for marijuana growers. The marijuana grows must be located in areas "disproportionately impacted" by the war on drugs. "Our actions today will be transformative for social equity applicants, but more importantly will bring change to communities most harmed by the war on drugs," said Andrea Comer, Connecticut Social Equity Council chair. It's not quite a done deal, though: Licensees must still pass a background check and pay a $ 3 million (!) fee before being officially licensed.

Drug Policy

Massachusetts Drug Decriminalization Bills Move to Study Phase. After the legislature's Joint Committee on Mental Health, Substance Use, and Recovery approved a pair of companion drug decriminalization bills, Senate bill 1277 and House bill 2119, last month, the legislation has now advanced to the Joint Committee on Health Care Financing. That committee has now referred the measures for further study, with a report issued at an unspecified later date. Most bills referred to study die there, and bill sponsor Sen. Julian Cyr (D) has expressed doubts about its future. Still, a decriminalization bill has advanced in the state legislature.

Law Enforcement

New San Francisco DA Brooke Jenkins Announces Large Reversal of Boudin Policies Over Drug Arrests. After progressive prosecutor Chesa Boudin was recalled by voters last month, incoming District Attorney Brooke Jenkins is now working to undo his policies. She announced that she would be going after drug dealers in the city, singling out the Tenderloin district as areas that need the most help. She also singled out fentanyl as the big drug to crack down in the city. "The days of giving dealers a free pass to flood the streets with fentanyl are over," said Jenkins during a press conference in the district on Tuesday. "I told the public that on day one I will begin enforcing drug crime law. I mean what I say and I am focused on delivering on my promise to hold serious and repeat offenders accountable for wreaking havoc in our communities like the Tenderloin." Jenkins said she would offer more details on policy changes soon.

Pell Grants for Prisoners Are Coming Back Next Year, OK Legal Pot Initiative Signature-Gathering Begins, More... (5/3/22)

Signature-gathering for a marijuana legalization inititiave is underway in Oklahoma, the courts block a San Francisco effort to enact broad bans on alleged drug dealers in the Tenderloin, and more.

San Francisco. The courts are blocking the city's effort to ban alleged drug dealers from the Tenderloin. (Creative Commons)
Marijuana Policy

Ohio Marijuana Legalization Initiative Campaign Files Preemptive Lawsuit Over Whether It Will Appear on November Ballot. Anticipating an effort by Republican lawmakers to keep their marijuana legalization initiative off the November ballot, the Coalition to Regulate Marijuana Like Alcohol filed a lawsuit last Friday to block the expected move. Secretary of State Frank LaRose (R) submitted petitions to the legislature on January 28, giving it until May 28 to approve the petitions calling for legalization, after which, the coalition could then do another round of signature-gathering to put the question directly before voters in November. But Republican legislative staffers have argued that because the petitions were not submitted to the legislature 10 days before the start of the session, as required by the state constitution. But the preemptive lawsuit argues there is state Supreme Court precedent for allowing a November vote.

Oklahoma Marijuana Legalization Initiative Campaign Begins Signature-Gathering. Marijuana legalization advocates have begun signature gathering for State Question 820, which would legalize adult use marijuana and levy a 15 percent excise tax on retail purchases to fund the Oklahoma Medical Marijuana Authority. Campaigners will need 95,911 valid voter signatures to qualify for the November ballot and have until August 1 to do so. Another pair of initiatives could also appear on the ballot. State Question 818 would create a State Cannabis Commission that would replace the OMMA and guarantee patients' medical cannabis access in the Oklahoma Constitution, while State Question 819 would legalize adult-use marijuana and guarantee medical and adult-use marijuana access in the Constitution. Because these two questions would change the state constitution, they face a higher signature-gathering threshold than State Question 820, which would only make statutory changes. The threshold for constitutional questions is 177,958 valid voter signatures.

Drug Policy

California Appeals Court Blocks San Francisco Bid to Ban Drug Dealers from Tenderloin, SOMA. In a case that began when the city sued 28 alleged drug dealers in the Tenderloin and South of Market (SOMA) neighborhoods and banned them from a 50-square-block area in those neighborhoods, which are rife with open drug dealing and drug use, a state appeals court has upheld a lower court decision last year blocking the bans from taking effect. In its ruling last Friday, the 1st District Court of Appeals held that while local governments may be entitled to narrowly target ban orders in some limited circumstances, but not such a broad one. The lower court decision held that the ban was so broad it would violate the constitutional right to travel, and that state law did not appear to authorize it.

The appeals court largely agreed: "We are mindful of, and sympathetic to, the challenges faced by the city in addressing the issues of illegal drug sales, drug use, and the drug-related health crisis and its effects on the people who live and work in the neighborhood," Justice Marla Miller wrote in Friday's 3-0 ruling. But, she continued, "although the city contends these defendants have no reason to ever even be in the 50-square-block Tenderloin neighborhood except to sell drugs there was evidence that many community resources and government agencies are located in the Tenderloin." The lower court judge was entitled to believe statements from the four people "that they were interested in taking advantage of the employment, treatment, housing, and health services available in the 50-square-block neighborhood," the appeals court added. The city said it was "disappointed" with the ruling, but had yet to decide whether to appeal.

Education

Pell Grants Will Be Available for Prisoners Again Beginning Next Year. Once upon a time, incarcerated Americans were able to try to advance themselves by using Pell Grants to pay for college tuition and textbook costs -- just like other students -- but when Congress passed the Violent Crime Control and Law Enforcement Act of 1994, it barred prisoners from accessing that financial aid. In 2020, though, Congress restored the eligibility for both state and federal prisoners. In the fall of 2021, the Department of Education begin developing rules for the expansion of Pell Grants to prisoners and has now announced that application forms for imprisoned students will be available on October 1 for the 2023 academic year.

International

British Virgin Islands Premier Asserts Immunity in Cocaine Case, Demands Immediate Release. British Virgin Islands (BVI) Premier Andrew Fahie, who was arrested last week in a US government sting in Miami, argued in court Monday that as the elected head of government, he is immune from prosecution and should be released immediately. No word yet on when a federal judge will decide that question, and in the meantime, Fahie remains in custody. Fahie and his ports director, Oleanvine Maynard, were busted at the Miami airport where they met what they thought were Mexican drug traffickers but were actually DEA agents seducing them into a scheme to import cocaine from South America through the BVI. Back home, Fahie already faced allegations of deep corruption, and his arrest may help propel a push to temporarily suspend the constitution and return to rule from London in an effort to clean up the government. Busting a head of state is a big deal and would have required approval at the highest levels of the Justice and State departments.

SD House Votes to Ban MedMJ Home Grows, MN Usual Suspects Form Anti-Marijuana Coalition, More... (1/25/22)

Life just got a bit easier to Empire State medical marijuana patients, a Wisconsin GOP lawmaker wants to reinstate drug testing of some welfare recipients, and more.

South Dakota medical marijuana patients will not be able to grow this at home under a bill that just passed the House. (CC)
Marijuana Policy

Minnesota Groups Unite to Oppose Marijuana Legalization. The usual suspects are at it again. Faced with a renewed push for marijuana legalization by Democratic lawmakers, the state's police and peace officers association, the state Catholic Conference, and business interests have formed a coalition to oppose any such move. Calling themselves Minnesotans Against Marijuana Legalization, the coalition is warning of truck drivers driving under the influence amid a lack of roadside drug tests and workers failing drug tests, thereby exacerbating worker shortages because of the pandemic.

Medical Marijuana

New York Medical Marijuana Program Expands. The State Office of Cannabis Management launched a new certification and registration system for the state's medical marijuana program on Monday, expanding patient access and eligibility as it did so. Now, doctors, dentists, and nurse practitioners can recommend medical marijuana for any condition if they think it will benefit a patients instead of being limited to a list of specified conditions. The office has also doubled the amount of medical marijuana patients can obtain and it permanently waived patient and caregivers registration fees.

South Dakota House Votes to Override Will of Voters, Ban Medical Marijuana Home Cultivation. The House on Monday voted 41-29 to approve House Bill 1004, which bans the home cultivation of medical marijuana by patients and caregivers. The vote directly contravenes the will of the voters, who approved Initiated Measure 26 legalizing medical marijuana with home cultivation with nearly 70 percent of the vote. The bill now goes to the Senate.

Drug Testing

Wisconsin Republican Files Bill to Require Drug Testing for Welfare Beneficiaries. State Rep. Mark Born (R-Beaver Dam) has released a bill that would reinstate drug testing and work requirements for people receiving benefits under the state's FoodShare program. The measure is part of a larger package of legislation introduced by Republicans that seeks to undo an expansion of welfare benefits during the pandemic. The state already had such requirements for some welfare recipients, but Democratic Governor Tony Evers waived those requirements until September, saying the state doesn't have enough jobs for those seeking them. Born's bill, LRB 5571, would require Evers to begin implementing the existing work and drug testing requirements, including withdrawing any waiver or suspension of the requirements.

MS House Passes MedMJ Bill, MO Drug Decrim Bill Filed, More... (1/20/22)

A marijuana services company has filed a federal lawsuit over massive cash seizures by cops in California and Kansas, the Colombian Constitutional Court puts the kibosh on spraying coca crops with herbicide, and more.

Colombian coca farmers will not have to worry about having toxic herbicides dumped on their fields. (DEA)
Medical Marijuana

Mississippi House Amends Medical Marijuana Bill to Lower Possession Limits, Then Passes It. The House on Wednesday approved the Senate's medical marijuana bill, Senate Bill 2095, but only after amending it to lower the amount of marijuana flower patients can possess each month from 3.5 ounces to 3 ounces. The Senate had previously lowered the limit from 4 ounces to 3.5 in a bid to soothe the concerns of Governor Tate Reeves (R), who has expressed worry that the bill allowed patients too much marijuana. The bill now goes back to the Senate. If the Senate rejects the House's amended limit, the bill would then go to conference committee to hash out the differences.

Asset Forfeiture

Marijuana Services Company Sues Cops in California and Kansas Over Seizures of $1.2 Million in Cash. Empyreal Logistics, a company that uses armored cars to transport cash to and from marijuana businesses, has had its vehicles stopped and cash seized on five separate occasions since last May by sheriff's deputies in Kansas and California. The stops resulted in no citations or criminal charges, but the deputies seized $1.2 million in cash under state civil forfeiture law.

Now, with the help of the Institute for Justice, Empyreal has filed a federal lawsuit arguing that the seizures violate state law, federal law, and the US Constitution. In a complaint it filed last Friday in the US District Court for the Central District of California, Empyreal says it is "entitled to protection from highway robberies, regardless of whether they are conducted by criminals or by the Sheriff and federal law-enforcement agencies acting under color of law."

In both California and Kansas, local sheriffs handed the seizures over to the DEA in a bid to circumvent state laws limiting seizures and who profits from them. The lawsuit charges that the DEA's involvement violates the Rohrabacher-Blumenauer Amendment, a spending rider that bars the Justice Department (which includes the DEA and the FBI) from using any of its funds to interfere with the implementation of state laws authorizing the medical use of marijuana. Because the DEA violated that restriction, the company says, it also violated the Fourth Amendment's ban on unreasonable searches and seizures. And because the seizure was motivated by the prospect of financial gain, the lawsuit says, it violated the Fifth Amendment's guarantee of due process.

Drug Policy

Arizona Bill Would End Restriction on Food Stamp Benefits to Drug Felons. A bill that would remove requirements that people with past felony drug convictions agree to random drug testing and to taking part in a drug treatment program in order to access the Supplemental Nutritional Program (SNAP) has passed its first hurdle. Sponsored by Rep. Walter Blackman (R-Snowflake), the measure, House Bill 2060, was approved unanimously on Wednesday by the House Judiciary Committee. It now heads for a House floor vote.

Missouri Drug Decriminalization Bill Filed. State Rep. Peter Merideth (D) has filed a bill to decriminalize a range of drugs including marijuana, psilocybin, LSD, MDMA and cocaine. The measure, House Bill 2469, would make low-level drug possession an infraction punishable by a maximum $100 fine or participation in a drug treatment program if ordered by a court. The bill would decriminalize up to 10 grams of cannabis, one gram of heroin, one gram of MDMA, two grams of methamphetamine, 40 units of LSD, 12 grams of psilocybin, 40 units of methadone, 40 oxycodone pills and two grams of cocaine. The bill also lowers charges for possessing some quantities greater than personal use from felonies to misdemeanors. It currently has no hearing scheduled.

International

Colombia High Court Blocks Government Plan to Spray Coca Crops with Toxic Herbicide. The country's Constitutional Court ruled Wednesday that the administration of conservative President Iván Duque cannot spray the herbicide glyphosate on coca crops without the consent of rural communities. That effectively blocks the proposed renewal of spraying. The ruling came after rural black and indigenous communities sued to block the plan, saying the herbicide causes disease, destroys traditional crops and pollutes the water.

The court imposed a one-year deadline for agreement to be reached to allow spraying, effectively blocking the Duque administration, which leaves office in August, from moving forward before then. Spraying the coca crop with glyphosates was done in the past but blocked by the Constitutional Court in 2015. President Duque has spent the four years of his administration trying to get it going again.

HUD to Continue Evicting Residents for Marijuana Use, Singapore Drug Execution Delayed, More... (11/9/21)

Another poll has a solid national majority for marijuana legalization, an Ohio judge gets punished for jailing a court spectator for refusing a drug test, and more.

You still can't do this in public housing--even in states where marijuana is legal. (Creative Commons)
Marijuana Policy

Rasmussen Poll Has Solid Majority Support for Marijuana Legalization. A new Rasmussen poll has support for marijuana legalization at 62 percent, with only 23 percent opposed. The poll comes just days after a Gallup poll reported support for marijuana legalization holding steady at 68 percent. Even 54 percent of Republicans support legalization, along with 68 percent of Democrats and 62 percent among independents. When respondents were asked if legalization should be done at the local, state, or federal level, 47 percent said the federal government should be in charge, 32 favored the states, and 11 percent wanted local action.

Infrastructure Bill Includes Provision Allowing Research with Marijuana from Pot Shops. The massive infrastructure spending bill approved by the House last Friday includes a provision that will eventually allow researchers access to the marijuana actually being consumed by users instead of relying only on government-grown marijuana from its farm in Mississippi. That provision will require the transportation secretary to work with the attorney general and the secretary of Health and Human Services to create a report within two years with recommendations on allowing scientists access to storefront marijuana to study impaired driving.

Federal Housing Authority to Continue Taking Punitive Actions Against Marijuana Consumers. In response to a request for clarification from to Rep. Elizabeth Holmes-Norton (D-DC), the Department of Housing and Urban Development (HUD) has reaffirmed its longstanding policy of banning marijuana users from federally-subsidized housing, even in states where it is legal. In a letter to Holmes-Norton, the agency says that it will continue to enforce policies that involve the "termination of the tenancy of any household" in instances where a tenant is found to have engaged in the use of a controlled substance while on the premises — "including [the use of] state legalized medical marijuana." Because marijuana remains classified under federal law as a Schedule I controlled substance, "HUD prohibits the admission of users of marijuana to HUD assisted housing, including those who use medical marijuana," the letter reads.

South Dakota Activists Miss Initiative Signature Deadline but Look to Federal Court Decision for More Time. South Dakotans for Better Marijuana Laws announced Sunday that they would not turn in signatures for a marijuana legalization initiative by a Monday deadline, but are hoping that a federal court ruling will give them until next May to qualify for the November 2022 ballot. In August, the federal district court in the state ruled that the state's election law requiring signatures be handed in a year before the election was unconstitutional, pushing the deadline to the May before the election and enjoined officials from enforcing that provision. The administration of Gov. Kristi Noem (R) is appealing the decision, but the activists argue that "the May 3 deadline is the law in South Dakota and we feel confident that we can rely on that extension." Voters in the state approved a marijuana legalization initiative in 2020, but it has been blocked by lower courts and a final decision is still pending at the state Supreme Court.

Drug Testing

Ohio Judge Suspended for Jailing Spectator over Drug Test Refusal. The state Supreme Court has suspended a Seneca County judge for a year without pay for ordering a courtroom spectator to undergo a drug test and then holding that person in contempt and jailing her for refusing to do so. In the unanimous opinion, the court held that Judge Mark Repp violated rules of professional conduct for judges in the state, including a failure to perform all his judicial duties fairly and impartially. The woman, who was the girlfriend of the defendant before the court "suffered great personal indignities and emotional distress as the result of the security and medical screenings she had to endure during her incarceration, on top of the anxiety regarding the care and well-being of her two young children." The boyfriend was a drug court participant, and the Supreme Court held tat Repp's behavior toward him and his girlfriend was "undignified, improper, and discourteous."

International

Malaysia Okays Use of Medical Marijuana. Heath Minister Khairy Jamaluddin has formally acknowledged that marijuana can be used for medicinal purposes. The acknowledgement came in response to a question from parliament. Jamaluddin said the medicinal use of marijuana complies with Malaysian drug laws, but that imports and the wholesale trade must be licensed. Medical marijuana should be sold by a registered medical practitioner or pharmacist. "Therefore, if there are parties who have sufficient scientific evidence to use cannabis (hemp) for any medicinal purpose by taking into account the aspects of quality, safety and effectiveness, then the application to register cannabis products for medicinal purposes can be submitted to DCA [Drug Control Authority]] to be evaluated and registered under the Control of Drugs and Cosmetics Regulation 1984 in order to be marketed in Malaysia," Khairy said in a written reply to the enquiry.

Singapore Delays Appeal Hearing on Man Set to Be Executed for 1.5 Ounces of Heroin. The nation's top court has postponed an appeal hearing for Malaysian national Nagenthran K. Dharmalingam, who was sentenced to death for trying to smuggle 1.5 grams of heroin into the country. Dharmalingam, who his attorneys say is intellectually disabled, was set to be executed Monday, but was delayed amidst an international campaign by human rights groups when the high court accepted an appeal. The hearing was originally set for Tuesday, with Dharmalingam set to be executed Wednesday if he lost on appeal. The appeals court noted that Dharmalingam had tested positive for COVID-19 and sent him away from the courtroom Tuesday, saying, "We have to issue a stay of the execution until all proceedings are concluded. That is the proper order of things."

DEA Agent Arrested for Role in US Capitol Riot, NC MedMJ Bill Advances, More... (7/21/21)

A new Republican bill would bar food stamp recipients from using their cards for any marijuana purchases -- even medical, a Mississippi city reaches a settlement in the death of a man hog-tied by police while under the influence of LSD, and more.

Then DEA-Agent Mark Sami Ibrahim was packing heat as he unlawfully entered the Capitol during the January 6 uprising. (DOJ)
Marijuana Policy

DC Delegate Files Amendment to Allow Marijuana Use in Public Housing, Protect Legal Medical Marijuana States. Congresswoman Eleanor Holmes Norton (D-DC) on Tuesday filed an amendment to the House appropriations bill dealing with the Department of Housing and Urban Development that would prohibit the department from using its funds to enforce the prohibition on marijuana in federally assisted housing in jurisdictions where recreational marijuana is legal. A second amendment would prohibit HUD from using its funds to enforce the prohibition on medical marijuana in jurisdictions where medical marijuana is legal. Cannabis Caucus Co-Chairs Congressman Earl Blumenauer (D-OR) and Congresswoman Barbara Lee (D-CA) are cosponsors of both amendments.

"The Department of Housing and Urban Development should not be allowed to remove people from their homes or otherwise punish them for following the marijuana laws of their jurisdictions," Norton said. "More and more states are moving toward legalization of marijuana, especially of medical marijuana. It is time for HUD to follow the rest of the country and allow marijuana use in federally assisted housing in jurisdictions where it is legal. This should especially be the case for individuals living in jurisdictions that have legalized medical marijuana. Nobody should be evicted for following the law and the advice of their doctors."

Medical Marijuana

GOP Lawmakers File Bill to Block Even Medical Marijuana Marijuana Purchases by People Getting Federal Assistance. In the latest iteration of a continuing Republican push in recent legislative sessions to block people receiving Temporary Assistance for Needy Families (TANF -- the food stamp program) funds from using them to buy marijuana, Reps. Tom Rice (R-SC) and Jackie Walorski (R-IN) filed a bill Monday that would bar TANF recipients from using their benefit cards for medical marijuana purchases. Similar measures already bar the use of such cards casinos, strip clubs, and liquor stores. But activists say the bill unfairly targets the most vulnerable people and perpetuates marijuana stigmas. "Millions of Americans living with chronic, debilitating conditions rely on cannabis to manage their symptoms and significantly increase their quality of life. For millions of patients, cannabis IS a need,"said Queen Adesuyi, policy manager for the Drug Policy Alliance's Office of National Affairs. "Instead of introducing a bill to ensure that under-resourced individuals, including veterans, have access to cannabis' medical benefits, Representative Tom Rice chooses to exemplify how far reaching the drug war apparatus goes in surveilling and policing under-resourced people." It is woth noting that other Republican congressmembers have supported marijuana reform bills.

North Carolina Compassionate Care Act Wins Another Committee Vote. The Senate Finance Committee on Monday approved Senate Bill 711, the Compassionate Care Act, on a voice vote. Under the bill, patients with specified medical conditions, including cancer, epilepsy, and multiple sclerosis, would be allowed to use medical marijuana. The bill also sets up a system of taxed and regulated medical marijuana production and distribution. The bill now heads to the Senate Health Care Committee before moving toward a floor vote if successful there.

Law Enforcement

DEA Agent Arrested for Participating in Capitol Riot. A man who on January 6 was a probationary DEA agent (on the job for less than a year) has been arrested for allegedly participating in the January 6 riot at the US Capitol. Then-Agent Mark Sami Ibrahim faces federal charges of unlawfully entering the capitol building, and the Department of Justice provided photos that show him flashing his DEA badge and DEA-issued handgun during the riot. Ibrahim had submitted his resignation notice from the DEA weeks before the riot but was still an employee. The DEA clarified that he was off-duty at the time. One of Ibrahim's friends told FBI agents he went to the protest "to promote himself" as he considered launching a podcast and a cigar brand. [Editor's Note: No comment.]

Mississippi City Settles Wrongful Death Lawsuit in Case of Man Who Died After Being Restrained by Police While Under Influence of LSD. The city of Southaven announced Tuesday it had reached a settlement with the family of Troy Goode, 30, who died in police custody six years ago after flipping out on LSD after attending a Widespread Panic concert. Goode died after police hog-tied him and placed him face down on a stretcher while being transported to a hospital. A preliminary autopsy report attempted to argue that he died from a heart related issue, possibly related to LSD, but LSD has no known links to heart failure. The details of the settlement were not released.

International

 

 

Belize Marijuana Legalization Bill Introduced. Kareem Musa, the Minister of New Growth Industries, has filed a bill to legalize, tax, and regulate marijuana production and sales. The bill also has the support of the leader of the opposition party, the Honorable Shyne Barrow. Belize decriminalized possession of up to 10 grams in 2017, but there is no place to legally purchase it. This bill would change that. Belize borders Mexico, which is poised to enact marijuana legalization itself, and that could be propelling advances in the much smaller neighbor.

 

The Push to End Federal Marijuana Prohibition This Year Is Now Underway [FEATURE]

House Judiciary Committee Chairman Jerrold Nadler (D-NY) took to the House floor last Friday to begin the push to end federal pot prohibition this year with the introduction of the Marijuana Opportunity Reinvestment and Expungement (MORE) Act.

Can marijuana legalization get through Congress this year? And would Biden sign it? (Creative Commons)
"For far too long, we have treated marijuana as a criminal justice problem instead of as a matter of personal choice and public health. Whatever one's views are on the use of marijuana for recreational or medicinal use, the policy of arrests, prosecution, and incarceration at the federal level has proven unwise and unjust," Nadler said as he addressed his colleagues. "In my view, applying criminal penalties, with their attendant collateral consequences for marijuana offenses is unjust and harmful to our society. The MORE Act comprehensively addresses this injustice, and I urge all of my colleagues to support this legislation."

The bill's initial cosponsors are Representatives Earl Blumenauer (D-OR), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX), Hakeem Jeffries (D-NY) and Nydia Velázquez (D-NY. A similar version of the MORE Act passed the House last year, only to die from inaction in the Republican-controlled Senate. But this year, the Democrats are in control, and Senate Majority Leader Chuck Schumer (D-NY) has said he is preparing to file a bill in the upper chamber soon.

"Last year, we saw more progress toward cannabis legalization than ever before. This has been driven by unprecedented reforms at the state level. Now, Congress must deal with the problems created by the failed federal policy of prohibition," said Rep. Blumenauer, founder and co-chair of the Congressional Cannabis Caucus in a press release. "With a strong base of support in the House and in the Senate, the table is set. It's past time that we stop federal interference with cannabis banking and research, as well as the terrible pattern of selective enforcement that has devastated communities of color. The MORE Act will help address all of these problems and more."

The MORE Act has three main provisions:

  • It removes marijuana from the Controlled Substances Act, making it legal at the federal level and clearing the way for states to legalize it at home.
  • It mandates that federal courts must expunge past marijuana convictions and allows them to hold resentencing hearings for those still behind bars or under non-custodial supervision.
  • It makes an effort to redress drug war wrongs and racially disparate enforcement by assessing a 5 percent sales tax on marijuana and pot products, which will be used fund three different grant programs for drug war victims, loans to small businesses "owned and controlled by socially and economically disadvantaged individuals," and to eliminate licensing and employment barriers for people "most adversely impacted" by drug prohibition.

The bill would also make legal marijuana businesses eligible for Small Business Administration funding, bar discrimination against people who use or possess marijuana (such as in federal housing) and require the Bureau of Labor Statistics to collect data on industry demographics to monitor how much poor people and minorities are actually participating in the industry.

"The MORE Act would not only decriminalize marijuana federally, but also take steps to address the harmful impacts of federal prohibition, particularly on communities of color," said Rep. Jackson Lee, Chair of the Subcommittee on Crime, Terrorism, and Homeland Security. "We need to pass the MORE Act as an important component of a broader effort to reform our drug laws, which disproportionately harm racial minorities and fuel mass incarceration. That is why I am also working to advance additional legislation to achieve comprehensive reform of our criminal justice system."

The Drug Policy Alliance (DPA) is part of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups (155 organizations in all) that are backing the bill. It worked closely with Rep. Nadler on the original language of the bill last year and has been closely involved ever since.

"It is clear, by the overwhelming extent to which they passed the MORE Act last session, that the House understands this for the urgent racial and social justice issue it is," DPA Director of the Office of National Affairs Maritza Perez said in a statement. "Our communities that have borne the brunt of marijuana prohibition have waited long enough for justice. We urge House leadership to move swiftly to bring the bill back to the floor this session, so that we can continue the momentum and move a marijuana justice bill in the Senate as well."

Unsurprisingly, the Marijuana Policy Project (MPP) is also onboard.

"It's clear that Americans overwhelmingly support ending cannabis prohibition. Reintroducing the MORE Act is a powerful way to reorient negotiations around legalization that gives our entire nation the power to choose cannabis for medical and adult use, strengthens a blossoming industry that is creating jobs and fueling economic growth, and begins to rectify the harms of the racially motivated war on cannabis and its disproportionate impact on vulnerable communities through criminal justice reform and social equity initiatives, MPP Executive Director Steve Hawkins said in a statement. "We endorse this bill and urge Congress to pass it."

But the leader of the loudest anti-marijuana reform group in the country, Dr. Kevin Sabet, president of Smart Approaches to Marijuana, also unsurprisingly, thinks it's a bad idea.

"As we have said since the initial introduction of this short-sighted bill two years ago, the MORE Act is a complete non-starter and the wrong approach we need when it comes to federal drug policy," he said in a statement warning of Big Pot. "This bill would fully legalize marijuana; it will not simply decriminalize the drug -- which would only remove criminal penalties for possession. Rather, it's nothing less than the wide-scale commercialization and normalization of a drug that does not resemble the old marijuana of the 1970s."

It's pretty lonesome where Sabet is, though. The most recent Gallup poll had more than two-thirds (68 percent) favoring legalization and still trending up. Now, if somebody will just tell the Senate. And the president, who is so far standing firm not for legalization but for decriminalization. The question is: What will Biden do if he MORE Act lands on his desk?

Drug War Issues

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