It the end of easy access for Montana medical marijuana patients, the Arizona Supreme Court rejects the last challenge to that state's legalization initiative, the second Arkansas medical marijuana initiative is now officially on the ballot, Chris Christie signs a needle exchange funding bill, and more.

Marijuana Policy

More Smoke Pot, Fewer Find it Risky, Survey Reports. Survey data shows more adults are using marijuana, they are using it more often, and they're less inclined to think it's risky than in the past, research results reported in The Lancet found. The number of adults using marijuana in the past year has jumped to 32 million -- going from one in ten in 2002 to one in eight in 2014. Only one-third of adults thought weekly marijuana use was risky, down from half in 2002.

Alaska Attorney General Says Pot Social Clubs Are Illegal. State Attorney General Jahna Lindemuth said in a legal opinion Wednesday that marijuana social clubs are illegal. "Under Alaska law, a business cannot sell or provide marijuana or allow marijuana to be consumed on the premises unless it is licensed as a retail marijuana store by the Marijuana Control Board," Lindemuth wrote. The ruling does not apply to retail pot shops, for which state regulators are considering rules that would allow on-site cannabis consumption.

Arizona Supreme Court Rejects Challenges to Pot Legalization Initiative. Arizonans will be voting on Proposition 205 on November 8. The state Supreme Court has thrown out the last challenges to the measure, which accused it of misleading voters with its language, but the high court upheld a lower court ruling that Prop 205 substantially complies with legal requirements for initiatives.

Medical Marijuana

It's Official: Second Arkansas Initiatives Qualifies for the Ballot. Secretary of State Mark Martin's office said Wednesday that the Arkansas Medical Marijuana Amendment had submitted sufficient valid voter signatures to qualify for the November ballot. That means Arkansas voters will have two medical marijuana initiatives to vote on. The Arkansas Medical Cannabis Act was approved for the ballot in July. If both pass, the one with the most votes goes into effect.

Delaware Governor Signs Bill Allowing Medical Marijuana for Terminally Ill. Gov. Jack Markell (D) Wednesday signed into law "Bob's Bill," named for lung cancer patient Robert Jester, who died in 2014 without being able to legally use marijuana to ease his suffering. The bill allows for medical marijuana for terminally ill patients, including those under 18 who are suffering pain, anxiety, or depression.

Montana Medical Marijuana Patients Now Out of Luck. In the biggest medical marijuana rollback ever, as of September 1, medical marijuana dispensaries are now illegal, and up to 12,000 patients have lost legal access to marijuana. Medical marijuana providers are now limited to three patients, and thousands of patients have no provider. This is the end result of the GOP-led legislature's 2011 move to gut the state's voter-approved medical marijuana law. An initiative that would restore the state's medical marijuana system, I-182, has been approved for the November ballot.

Harm Reduction

New Jersey Governor Signs Needle Exchange Funding Bill. Gov. Christ Christie (R) Wednesday signed into law Assembly Bill 415, which creates permanent funding for five locally run needle exchange programs. Three of them, in Atlantic City, Camden, and Paterson, had already run out of funds and were close to closing their doors. "These programs not only distribute clean syringes to intravenous drug users, but also deliver lifesaving education, treatment, and testing to their participants," according to Christie's bill-signing statement.

New Psychoactive Substances

California Bill Would Make Possession of Synthetic Cannabinoids, Stimulants a Crime. The legislature has approved a bill requested by the California Narcotics Officers Association that would make first-time possession of specified synthetic cannabinoids or stimulants an infraction, with subsequent offenses treated as misdemeanors. Under current state law, selling the drugs is a crime, but possessing them isn't. The measure, Senate Bill 139, now goes to the desk of Gov. Jerry Brown (D). It is opposed by the ACLU and the Drug Policy Alliance.

International

EU Wants to Ban New, Powerful Synthetic Cannabinoid. The European Commission announced Wednesday that it wants to ban MDMB-CHMICA, also known as "Black Mamba," a synthetic cannabinoid reportedly 10 times stronger than already banned synthetic cannabinoids. The European Monitoring Center on Drugs and Drug Abuse reported that it has been linked to at least 42 "acute intoxications" and 29 deaths.

Philippines President Snubs UN Effort to Meet Over Drug Killings. President Rodrigo Duterte has turned down a meeting with UN Secretary-General Ban Ki-moon after threatening last month to quit the UN over its criticism of the mass killings of drug users and dealers since he came to office three months ago. Officials from Duterte's office said he was too busy to meet with the head of the global body. One UN official said it was "basically unheard of" for a national leader to be "too busy" to meet the secretary-general.

GOP legislators are busy filing retrograde drug bills across the land, from chipping away at medical marijuana in Arizona to public benefits drug testing bills in several states. Meanwhile, a battle looms over federal sentencing reform.

Marijuana Policy

Missouri Legislators Face Plethora of Marijuana Bills. The legislative session has barely started, but lawmakers in Jefferson City have already filed nearly 20 bills aiming at reforming marijuana policy. The bills range from legalization and medical marijuana to barring asset forfeiture in pot cases and expunging the record of nonviolent offenses, including marijuana offenses. Click on the link to see the whole list.

Medical Marijuana

Arizona GOP Legislators Try to Chip Away at Medical Marijuana Access. Rep. Kelly Townsend (R-Mesa) has filed House Bill 2061, which would bar pregnant women from qualifying for the medical marijuana program, and Rep. Jay Lawrence (R-Scottsdale) has filed House Concurrent Resolution 2019, which removes homeopaths and naturopaths from the list of doctors who can issue medical marijuana recommendations.

Fix in the Works for California's Medical Marijuana Local Regulation Deadline. Legislators are working to fix a provision of the medical marijuana regulation law that requires localities to pass their own rules by March 1 or face loss of regulatory control to the state. The provision has caused a stampede of cities and counties seeking to get measures in place by that date, with most of them resorting to simple bans. The Senate Finance Committee last week passed a bill to remove the date.

Drug Testing

Indiana Unemployment Benefits Drug Testing Bill Filed. State Sen. Jon Ford (R-Terre Haute) has filed Senate Bill 245, which would require people applying for unemployment benefits to undergo drug testing if they were fired for drug use or if they work in an occupation the federal Bureau of Labor has determined is one where drug testing is common. The bill had a hearing set for today.

West Virginia Food Stamp Drug Testing Bill Advances. A bill that would require drug testing of food stamp recipients passed the Senate Committee on Health and Human Resources Tuesday and now heads to the Senate Finance Committee. The bill would only require testing of those for whom state officials had a "reasonable suspicion" were drug users. The measure is Senate Bill 6.

Sentencing

Police Chiefs, Prosecutors Urge Congress to Pass Criminal Justice Reform. More than 70 top police chiefs and prosecutors organized as Law Enforcement Leaders to Reduce Crime and Incarceration today called on Congress to pass sentencing reform. They are urging support for the Sentencing Reform and Corrections Act of 2015 (Senate Bill 2123). The letter comes on the same day the Senate Judiciary Committee holds a major hearing on criminal justice reform. "Today, law enforcement leaders from across the nation join together to let our lawmakers know that reforming federal mandatory minimum sentences will help keep down crime and unnecessary incarceration. As police chiefs and prosecutors, our first priority is public safety. But we know first-hand from our experience that our country's high levels of incarceration are not making us safer," said the letter they sent out today.

GOP Split on Mandatory Minimums Threatens Sentencing Reform Bill. Sen. Majority Leader Mitch McConnell (R-KY) is keeping mum about how he plans to proceed on the bill, which is cosponsored by several Republicans. GOP hardliners are balking, threatening passage of the measure. "I don't think it’s a healthy thing to do," said Sen. Jeff Sessions (R-AL), a fervent opponent of the justice bill. "If we lay off drug prosecutions, we're going to see even more murders and crimes, deaths and destruction. I think we need to slow down, be careful about this." The bill had appeared to be one of the few areas where bipartisan support could ensure passage, but now GOP support looks to be eroding.

International

Indian Has a Booming Industry Manufacturing New Psychoactive Substances. Recent raids by drug police have uncovered a domestic party drug manufacturing industry cranking out drugs by the ton. Police busted more than 1,200 pounds of mephedrone in one bust, 750 pounds in another, and more than 2500 pounds of ketamine in yet another. The drug makers are behaving like legitimate drug manufacturers, finding factories, chemists, and workers, then obtaining licenses to manufacture legitimate drugs, then cranking out party drugs.

Costa Rica Court Clears Activist of Marijuana Cultivation Charges. In a case that could be a step down the path to decriminalization, a court refused to convict Cerdas Salazar on drug trafficking charges for growing his own marijuana. Police contended he grew for sale, but provided no evidence of that. "Yes, marijuana cultivation is illegal; nonetheless, it is not a crime if it is not utilized for sale," the judge hearing the case, Carolina Leitón, said.

This story was written in collaboration with AlterNet and first appeared here.

In recent years, we've been inundated with wave after wave of media panics over strange new drugs. First came "fake weed" (or as NYPD Commissioner Bill Bratton called it last week, "weaponized marijuana"); then came "bath salts," with the infamous face-eating episode that wasn't; and most recently, "flakka," labeled as "$5 insanity" by one media outlet.

These new (to the recreational drug market) substances mimic the effects of currently illegal drugs, such as marijuana, cocaine and amphetamines, or ecstasy. The states and Congress have rushed to address the drugs by prohibiting them, but that has proven to be a game of cat and mouse, with innovative chemists and manufacturers replacing banned drugs with new variants faster than politicians can act.

"In recent years, lawmakers have moved to ban wave after wave of NPSs, only to see more emerge," said Grant Smith, deputy director of national affairs for the Drug Policy Alliance. "All 50 states have passed laws against synthetic cannabinoids and cathinones, and federally, there are 26 unique compounds under Schedule I. And the DEA, which has legal authority to criminalize drugs administratively, has banned more than two dozen. These laws take time, which allows manufacturers to create new compounds."

Not only is the prohibitionist reflex ineffective, it arguably increases the harms associated with the use of these drugs. But to ignore them or ban them aren't the only policy choices, and some advocates are calling for these novel substances to instead be controlled and regulated. One model they point to is New Zealand, which instead of banning "legal highs," moved to regulate them in 2013.

New Psychoactive Substances

Before turning to policy options, though, it's worth a moment to figure out just exactly what we're talking about when we talk about "new synthetic drugs," and why maybe that isn't the best term to use to describe these substances.

In a conference call organized by the Drug Policy Alliance, which advocates for regulation over prohibition, Earth and Fire Erowid, the administrators of the Erowid drug information web site -- "Documenting the complex relationship between humans and psychoactives" -- tried to bring some rigor to a domain where science too often gets lost in the distortions of moral panic.

"Synthetic drugs is a term used to imply scary new street drugs," said Earth Erowid. "But nearly all pharmaceutical drugs are synthetic, whether they're cannabinoids, opioids, stimulants, or sedatives. You don't want to use the phrase 'synthetic drugs' unless you're talking about every pharmaceutical developed over the past 50 years."

"A more accurate and appropriate term is "new psychoactive substances," he said. "That's the standard term in Europe."

NPSs can be grouped into some general categories, based on the effects they seek to replicate, the Erowids said:

Replacement Cannabinoids. Sometimes sold as powders, sometimes sprinkled on herbal blends. These are not cannabis, but new synthetic cannabinoid receptor agonists. The specific compounds include JWH 018 and AB-PINACA, among many others. Several of these have been associated with death and serious medical complications.

Replacement Euphoric Stimulants. These include cathinones like methedrone, MDPV ("bath salts"), and Alpha PDP ("flakka"), as well as compounds related to Ritalin.

Replacement Psychedelics. The best known are the NBOMe series ("N-Bomb"). They are often distributed on blotters, and many people who think they're buying LSD are getting this. The NBOMe class has been linked to about 20 deaths.

Replacement Dissociatives. These are PCP-like chemicals, including various ketamine variants and methoxetamine.

Replacement Opioids. These include chemicals such as AH 7921 and U4770.

The Drug Policy Alliance has a similar, if not quite identical, taxonomy here.

The deaths and other adverse reactions that have been linked to NPSs have occurred under regimes of either prohibition or its opposite -- no regulation. "Legal highs" were just that, NPSs yet to be banned but lacking any sort of reliable labeling or quality control. Many formerly "legal highs" are now illegal, but the harm continues, and new NPSs continue to come on the market, legal until the politicians get to work.

"There's a reason for that, said Earth Erowid. "People are looking for legal replacements for illegal drug effects," he explained. "Most people simply want a stimulant or a psychedelic, and they're willing to try anything if it's legal."

"That may hold true for "fake marijuana" users than other NPS users," said Joseph Palamar, an assistant professor in the Department of Population Health at New York University's Langone Medical Center.

"Synthetic marijuana users have different profiles from other NPS users," he said "They are resorting to using it as a legal replacement for marijuana as a means of avoiding arrest, especially minorities. Other NPS users, especially clubbers and ravers, may be taking them unwittingly, Palamar added, pointing a finger especially at "Molly," which is supposed to be pure MDMA in powder form, but often isn't.

"Molly is the biggest system of unintentional NPS use that ever came around," said Palamar. "A lot of the drug users, especially Molly users, are unknowingly taking NPSs.

(The Erowids helpfully pointed out that there are a number of web sites where users can submit their Molly for testing, including one they run at EcstasyData.org.)

There are other options for dealing with NPSs beyond the extremes of prohibition on the one hand and laissez-faire on the other. In some cases, it may be politically feasible to simply legalize the currently prohibited drug they are imitating.

Roger Goodman, chairman of the Washington state House Public Safety Committee and senior member of the Judiciary Committee, said that legalizing weed is a start.

"By legalizing marijuana, we have no problem with synthetic marijuana," said Goodman. "No one wants to use that. We have a rational regulatory approach. Prohibition is in the past for us. Marijuana is a good first step for us. We know better than to impose prohibition and outlaw any particular substance."

Legalizing marijuana more widely could put a real dent in the synthetic cannabinoids market, but there is no immediate prospect for legalizing drugs such as meth, cocaine, and the psychedelics and putting a dent in the market for other NPSs that way. That means if we're not going to prohibit them and we're not going to ignore them, we're going to have to regulate them.

That's what New Zealand did with its 2013 law, which transformed unregulated "legal highs" into regulated "legal highs" sold with labels at established stores. Drug makers were required to submit their products for testing and labeling before they could be approved for legal sale.

"I really look to the New Zealand law," said Goodman. "It provided for licensing and testing, and it got rid of the criminal actors. It seemed like a very rational way to go."

"That model would encourage manufacturers to make safer products," DPA's Smith concurred.

But, alas, the New Zealand law is no more. It was overturned and replaced with a more prohibitionist retrenchment a year later amidst complaints that drug users were getting high and hanging around the dope shops like winos in front of liquor stores. That is a lesson for legalizers (or regulators) here. Not only are progressive drug reforms difficult to enact, they also sometimes require a strong defense.

There will be a smoke-out in Trenton later this month, medical marijuana is moving in Utah, the Texas "border surge" accomplishes little, KY cops ignore asset forfeiture reporting, a tough, new British drugged driving law has gone into effect, and more.

Marijuana Policy

Indian Tribes Gather in Washington State to Talk About Marijuana Production. Representatives of at least 75 tribes attended a conference in Tulalip last Friday to discuss legalizing, regulating, and producing marijuana on their reservations. The move comes after the Justice Department announced that it would not block tribes from doing so. Many tribes are cautious or reluctant to consider the notion, but there appears to be plenty of interest, too.

Colorado's 2014 Marijuana Sales Numbers. According to a to new report from the state, nearly five million pot-infused edibles and nearly 75 tons of marijuana were legally sold in Colorado last year. And that's with only 67 of the state's 321 local jurisdictions allowing for the sale of recreational or medical marijuana. Of course, those 67 localities are where most of the people are. Medical marijuana accounted for nearly 110,000 pounds of marijuana sales, while recreational accounted for nearly 39,000 pounds.

New Jersey Legalization Advocates Plan "NJ Spring Smoke-Out Rally" in Trenton. A coalition of groups advocating legalization will hold a "Million Marijuana March" for legalization or "any progressive measures on marijuana" on March 21. The groups include the East Coast Cannabis Coalition, the Coalition for Medical Marijuana -- New Jersey, CB Delaware, Delaware NORML, Decarcerate the Garden State, The Legalize Marijuana Party, Legalize Cannabis in Atlantic City and Fully Baked Radio. Check the event's Facebook page for more details.

Medical Marijuana

New, Weaker CBD Cannabis Oil Bill Filed in Georgia Senate. The House last week passed a CBD cannabis oil bill, but now, Sen. Lindsey Tippins has filed a new bill that would not make the drug available, but would instead set up a four-year study. The Tippins bill is not yet up on the legislative website; the House bill that passed is House Bill 1.

Poll Shows Strong Support for Medical Marijuana in Iowa. A new Des Moines Register poll has support for medical marijuana at 70%, up from 59% a year ago. The state approved a CBD cannabis oil bill last year, but patient advocates say that law is useless because it doesn't provide for distribution of the medication.

Utah Medical Marijuana Wins Senate Committee Vote. The state Senate Judiciary Committee last Friday approved Senate Bill 259, a full-blown medical marijuana bill. The measure should go to the Senate for a floor vote this week.

Heroin & Prescription Opiates

Illinois Lawmakers File Omnibus Bill to Battle Opiate Addiction. House Assistant Majority Leader Rep. Lou Lang (D) and GOP Rep. John Anthony were set today to file a comprehensive, 240-page bill to deal with heroin and prescription opiate use and addiction. It would allow the overdose reversal drug naloxone to be distributed more widely, require the creation of a drug prevention program for schools, require that coroners report all overdose deaths to the Department of Public Health, require pharmacies to serve as drug "take back" sites, and limit pain reliever prescriptions.

Kentucky Senate Panel Hears House's Heroin Bill. Although the state Senate has already passed its own omnibus heroin bill, Senate Bill 5, the Senate Standing Committee on the Judiciary last Friday took up the House's omnibus heroin bill, which has lesser sentencing increases for heroin offenders, has a Good Samaritan provision, and allows for the broader use of the overdose reversal drug naloxone. The committee took no action on the bill.

New Synthetic Drugs

Indiana Supreme Court to Hear State's Appeal of Ruling Throwing Out Ban on Synthetic Drugs. The state's high court has agreed to hear an appeal from the state attorney general of a January Court of Appeals decision throwing out the state's ban on synthetic drugs as unconstitutionally vague. The appeals court explicitly rejected a list of more than 80 chemical compounds, look-alike substances, and synthetics as too difficult to understand.

Asset Forfeiture

Kentucky Cops Generally Ignore State's Asset Forfeiture Law. LEX 18 TV News has looked into state law enforcement agencies' compliance with asset forfeiture statutes and has found that "a state law designed to give oversight of Kentucky asset forfeiture practices is mostly ignored by Kentucky police agencies." According to the station, only 63 of about 400 law enforcement agencies in the state filed required annual reports on their drug-related seizures last year, "leaving potentially millions of dollars' worth of goods unaccounted for."

Law Enforcement

Texas "Border Surge" Accomplishes Little. Last year's "surge" on the Mexican border, which saw Texas National Guard troops, state troopers, and game wardens flood the border, has done little to stop the flow of drugs, state officials said Friday. But they still want another $815 million for two more years' worth of surging.

International

New British Drugged Driving Laws Now in Effect. New drugged driving laws went into effect yesterday in the UK. Officers can now do roadside tests for cocaine and marijuana with a "drugalyser." Previously, they had to arrest suspect and take them to a police station for a blood draw under medical supervision. Other drugs will still require going to the police station for a test. The law also covers prescription drugs. Under the law, police will not be required to prove impairment, only that the drugs were present.

Israeli Leftist Party Embraces Marijuana Legalization. With elections looming, the leftist Meretz Party is looking for a boost by embracing marijuana legalization. "Legalization and decriminalization have a political home, and that home is Meretz," said Tamar Zandberg in a video released on the party website last week. Zandberg is number five on Meretz's list for the Knesset.

CARICOM Agrees on Commission to Look at Pot Legalization. The Caribbean Community agreed over the weekend on the composition of a commission to look into marijuana legalization. Bahamas Prime Minister Perry Christie, currently chairman of the group, said members expect the commission to "soon begin its work to look into the economic, health and legal issues surrounding the use of marijuana and to consult with stakeholders to get a view on the issue." The move comes just days after Jamaica gave final approval to decriminalizing marijuana.

Belize Decriminalization of Marijuana Committee Issues Report, Calls for… Decriminalization. After nearly three years of pondering, the decriminalization committee has called for decriminalization. The committee is calling for possession of less than 10 grams to be subject only to administrative penalties.