Canada's Supreme Court upholds a Quebec ban on home marijuana cultivation, the Illinois Senate approves bills deepening marijuana legalization, and more.

Arkansas Gov. Sarah Huckabee Sanders (R) signs a bill creating lengthy mandatory minimums around fentanyl. (ar.gov)

Candidate Trump Suggests "Genetically Engineered" Marijuana May Be Linked to Mass Shootings. During a campaign speech before America's most powerful gun lobby, the National Rifle Association (NRA), former President Donald Trump suggested that "genetically engineered" marijuana could be behind some mass shootings. But marijuana is just one of the blame agents Trump pointed to instead of addressing the proliferation of weapons in the country. "We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks" that lead to gun violence, he said. He would direct the Food and Drug Administration (FDA) to investigate, he added. He also pointed a finger at "transgender hormone treatments and ideology," Above all, he argued, don't blame the guns: "This is not a gun problem. This is a mental health problem," he said. "This is a social problem. This is a cultural problem. This is a spiritual problem."

Illinois Senate Approves Marijuana Search, Probation Bills. The Senate has passed a pair of bills aimed at deepening marijuana legalization in the state. Senate Bill 125 would bar police from searching a vehicle based solely on the odor of marijuana, while Senate Bill 1886 would allow some people on probation to consume marijuana and alcohol. Both bills now await action in the House.

South Dakota Poll Suggests Marijuana Legalization Could Win in 2024. A South Dakota State University poll released Monday had support for marijuana legalization at 49 percent, with 41 percent opposed. State voters approved a marijuana legalization initiative in the 2020 election by a margin of 54-45 only to have the measure overturned by the state Supreme Court. Legalization was on the ballot again last year, only to be defeated 53-47. The pollsters noted that 2022 turnout was much lower than 2020 and that a higher turnout in 2024 could lead to another marijuana legalization victory.

Psychedelics

Nevada Senate Committee Approves Bill to Create Psychedelic Working Group. The Senate has approved Senate Bill 242, which would create a working group to study psychedelics and create a plan to allow for access for therapeutic purposes. The bill originally would have legalized psilocybin and promoted research on it, as well as MDMA, but was significantly narrowed in the Senate Health and Human Services Committee. Now, instead of legalization, the bill would create a Psychedelic Medicines Working Group to examine the use of the substances "in medicinal, therapeutic, and improved wellness." The bill now awaits a Senate floor vote.

Sentencing Policy

Arkansas Governor Signs Bill Allowing for Drug Sellers to Be Charged with Murder in Cases of Overdose Death. Gov. Sarah Huckabee Sanders (R) has signed into law House Bill 1456, popularly known as the "Death by Delivery" bill. Under the bill, people who sell a drug that leads to an overdose death face a mandatory minimum sentence of 25 years and a maximum sentence of life in prison. The same sentence applies to those who package fentanyl in a way that "entices" minors or who sell to minors, regardless of whether a fatal overdose takes place.

Harm Reduction

Vermont Senate Committee Amends Overdose Prevention Bill to Include Drug-Checking Sites. The Senate Health Committee has amended an overdose prevention bill, House Bill 222, to include a statewide network of drug-checking sites where street drugs can be tested for deadly concentrations of illicit drugs. Approved by the committee last Friday, the amendment would grant immunity from arrest and prosecution for people running the sites and collecting samples, as well as the drug users who bring their stashes to be tested. If the bill now passes the Senate, it will have to go back to the House for a concurrence vote on the new language.

International

Canada Supreme Court Rules Quebec Ban on Home Marijuana Cultivation Can Stand. Under federal marijuana law, people can grow up to four plants at home, but the province of Quebec barred home grows in 2019. Now, after a Quebecer challenged the ban, the Canadian Supreme Court has ruled that the provincial ban is constitutional. "The Quebec legislature saw the possession and personal cultivation of cannabis not as a social evil to be suppressed, but rather as a practice that should be prohibited in order to steer consumers to a controlled source of supply," the court held. That controlled source of supply is held by the state -- in this case, the Société québécoise du cannabis (SQDC), the government agency that operates cannabis stores in the province.

The court also held that even though the federal law permits growing up to four plants at home, there is no "positive right to self-cultivation," writing that: "It is true that, in everyday language and even in the speeches of some parliamentarians, the creation of exceptions or exemptions under a scheme of criminal offences is often described as a 'legalization effort,'" the ruling reads. However, this way of speaking is incorrect and falsely suggests that positive rights authorizing particular conduct have been granted to the public."

Taiwan Reaffirms Strong Opposition to Marijuana Legalization. Responding to street demonstrations calling for marijuana decriminalization, the Taiwanese Ministry of Justice on Saturday reaffirmed the government's strong opposition to marijuana legalization. The reformers, organized as Wave Green, rallied in front of the presidential office in Taipei Saturday, urging the Justice Ministry to "stop the war against cannabis." But the ministry said prohibition would remain and is aimed at keeping people healthy and keeping society safe and stable. It asserted that long term marijuana use damages people's health and causes other harm to them. Under current law, marijuana use is punishable by up to three years in prison, while growers and sellers face up to life in prison and a $491,000 fine.

(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.)

A drug policy think tank releases a "toolkit" for avoiding a corporate takeover of the marijuana industry, the Texas House approves a fentanyl test strip legalization bill, and more.

Mr. President, expedite the marijuana scheduling review, progressive congressmembers urge. (Creative Commons)

Congressional Progressive Caucus Urges Biden to Expedite Marijuana Scheduling Review. The Congressional Progressive Caucus has released its 2023 Executive Action Agenda, and it includes a provision calling on President Joe Biden (D) to direct federal agencies to "expedite" an ongoing marijuana scheduling review, as well as reinstating Justice Department guidance that protects state-legal marijuana programs from federal prosecution. The caucus, which numbers more than a hundred congresspeople, called on Biden to "expedite the review of marijuana as a Schedule I controlled substance and publicly document the progress and planned timeline for rescheduling or descheduling.

Marijuana Equity Advocates Release Anti-Monopoly Toolkit to Shape Legalization Laws. The Parabola Center for Law and Policy, a drug policy think tank that seeks to prevent the monopolization of the legal marijuana industry, has released the "Anti-Monopoly Toolkit," which presents state and federal policy priorities for preventing corporatization and consolidation from driving small businesses out of the industry. Among other points, the toolkit calls for licensing limits to focus on individual owner limits rather than overall caps, avoiding vertical integration in the industry, not letting major tech platforms dominate the market, allowing people with prior drug convictions to participate in the industry, and allowing for home cultivation.

"I was inspired by Lizzie Magie, the progressive feminist who invented the game of Monopoly as an educational tool, because she thought philosophy and academic writing weren't enough in the early 1900s," said Parabola Center Founder and Director Shaleen Title. "Just like in her era, we're in a critical time period that calls for large-scale and drastic action."

Drug Policy

Nevada Bills Would Increase Fentanyl Sentences. Lawmakers are considering five bills that respond to the fentanyl crisis by seeking heightened felony charges for people guilty of selling or distributing the drug. A pair of Democratic-sponsored bills, Senate Bill 35 and Senate Bill 343, got a hearing Monday in the Democratic-controlled legislature. The former would create the crimes of mid- and high-level fentanyl trafficking and lowering the threshold for prosecution for selling the drug, while the latter would create the crime of low-level trafficking and distinguish fentanyl from other Schedule I controlled substances.

Under the bills, low-level trafficking of 4 to 14 grams would be punishable by one to six years imprisonment and a fine of up to $50,000; mid-level trafficking of 14 to 28 grams would be punishable by two to 15 years imprisonment and a fine of up to $100,000; and high-level trafficking of 28 grams or more would be punishable as a category A felony, meaning life with the possibility of parole or 25 years imprisonment and a fine of up to $500,000. Under existing law, trafficking of100 to 400 grams is punishable by two to 20 years imprisonment.

Three other bills seeking greater penalties for fentanyl possession were not included in the hearing. These are Senate Bill 128 and Senate Bill 197 from Republicans; and an omnibus crime bill from Gov. Joe Lombardo, Senate Bill 412, which proposes to criminalize possession of the drug in any amount by one to six years imprisonment.

Harm Reduction

Texas House Votes to Legalize Fentanyl Test Strips. The House voted overwhelmingly Tuesday to approve a bill that legalizes fentanyl test strips by removing them from the state's list of illicit drug paraphernalia, House Bill 362 by Rep. Tom Oliverson (R-Cypress). "Overdose deaths continue to skyrocket as fentanyl floods across our southern border, and we need a way to combat the crisis," Oliverson said on the floor of the House on Monday. "Decriminalizing test strips is one way to do that." The bill now goes to the Senate.

Medical marijuana is killed in Kansas but survives in Kentucky, cocaine production hits an all-time high, and more.

The border "bomb" turned out to be a ball stuffed with sand wrapped in duct tape. (CBP)

Kansas GOP Lawmakers Kill Medical Marijuana Bill. Medical marijuana is dead for this session after Republicans in the Senate Federal and State Affairs Committee voted to "table" the medical marijuana bill, Senate Bill 135. Both Democrats on the committee voted to keep the bill alive. The vote came after two days of hearings on the bill, including a full opposition slate of Republican state leaders, health officials, and law enforcement on Thursday.

Kentucky Senate Passes Medical Marijuana Bill. On the last day to keep the bill alive, the Senate voted Thursday to approve a medical marijuana bill, Senate Bill 47. The bill allows for the use of medical marijuana for a list of specified medical conditions, but does not allow for smokeable marijuana. It does set up a system of taxed and regulated medical marijuana production and sales. The House could vote on the bill when the legislature returns for a one-day session at the end of the month.

Foreign Policy

Marjorie Taylor Greene Claims Cartels Left Bomb at Border; It Was a Ball of Sand. MAGA political arsonist Rep. Marjorie Taylor Greene (R-GA) told her two million Twitter followers Wednesday that Mexican drug cartels had planted bombs on US soil at the border to terrorize Americans and kill or injure Border Patrol agents. She posted a picture of what turned out to be a ball stuffed with sand and covered with duct tape and claimed it was "explosive" and a "bomb," adding that "this changes everything" and calling on the US military to "take action" and "end this Cartel led war against America!" But Border Patrol Chief Raul Ortiz quickly shot down Greene's incendiary claim, tweeting that "During a Jan. briefing, leadership was notified that Agents found a duct-taped ball filled with sand that wasn't deemed a threat to agents/public." Greene has not deleted her post and instead doubled-down on her theory in response to the fact check. "That’s not what the border patrol agents are telling me," she retorted on Twitter. But the "bomb" is still just a bag of sand.

Harm Reduction

Mississippi Governor Signs Fentanyl Test Strip Decriminalization Bill into Law. Gov. Tate Reeves (R) has signed into law House Bill 722, which decriminalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Use of the strips is aimed primarily at reducing drug overdoses by letting users know what is in their drug supply. As Reeves signed the bill into law, he could not resist taking a jab at the Biden administration: "I’ve signed HB 722 which decriminalizes fentanyl testing strips," he said. "It’s a sad reality that fentanyl overdoses are skyrocketing as a result of an open border." In reality, .fentanyl's role in fatal drug overdoses began about a decade ago and has increased steadily through both the Trump and the Biden administrations.

International

Cocaine Production at Highest Level Ever, UNODC Says. In a new report, the UN Office on Drugs and Crime (UNODC) finds that cocaine production is at its highest level ever as demand rebounded after the pandemic and new trafficking hubs emerged. Production rose a whopping 35 percent between 2021 and 2022, at least in part because of innovations in cultivating the coca plant and in converting coca leaf into cocaine. "The Covid-19 pandemic had a disruptive effect on drug markets. With international travel severely curtailed, producers struggled to get their product to market. Night clubs and bars were shut as officials ramped up their attempts to control the virus, causing demand to slump for drugs like cocaine," the report said. "However, the most recent data suggests this slump has had little impact on longer-term trends. The global supply of cocaine is at record levels," it said. UNODC said nearly 2,000 tons of cocaine were produced in 2020, a continuation of a "dramatic uptick in manufacture that began in 2014, when the total was less than half of today’s levels."

Last Year Saw a Surge in Drug Executions Worldwide. The number of people executed for drug offenses surged in 2022, according to a new report from drug policy reform group Harm Reduction International (HRI). The 1 cited at least 285 executions for drug offenses last year, more than double the 131 people executed in 2021. The number of people being handed out death sentences for drug offenses also grew, with at least 303 people in 18 countries facing the ultimate sanction. That is a 28 percent increase over 2021. The number of people currently on death row for drugs globally is now more than 3,700. HRI warned that the figures are low-balled because of the extreme secrecy surrounding the death penalty in countries that frequently resort to it, such as China, North Korea, and Vietnam.  

The Justice Department signals it will appeal a federal court ruling invalidating the federal ban on guns for pot users, Colombia calls for coca leaf decriminalization, and more.

Naloxone opioid overdose reversal kit. The Oregon House has voted to expand access to them. (hr.org)

Justice Department Now Accepting Applications for Pardons for Federal Marijuana Possession Offenders. Nearly five months after President Biden called for pardons for federal marijuana possession offenders, the Justice Department has begun accepting applications for those pardons. The move comes after a series of friendly public statement from the administration about the drug from both Attorney General Garland and the president. Last week, Garland said that Justice is working on a review of marijuana policy, and just days before that, President Biden mentioned the pardons in a Black History Month speech, saying "too many minorities are in prison" for marijuana use.

Justice Department Appeals Federal Court Ruling Striking Down Gun Ban for Marijuana Users. The Justice Department last Friday filed paperwork in US District Court for the Western District of Oklahoma informing the court that it intends to appeal a judge's ruling there that found unconstitutional the federal prohibition on gun ownership for marijuana users. The Friday filing did not make a substantive argument but served primarily as a notification that an appeal was coming. In that district court ruling, Trump-appointed Judge Patrick Wyrick held that a recent Supreme Court ruling where the high court created a higher standard for policies that aim to restrict gun rights made the ban on gun possession unconstitutional.

Oklahoma Votes on Marijuana Legalization Today. In an election with no other issues or races on the ballot, voters will decide whether or not to approve a marijuana legalization initiative, State Question 820. The measure is opposed by law enforcement and most of the state's Republican political establishment. It would allow people 21 and over to possess up to an ounce of marijuana and eight grams of marijuana concentrates and grow up to six plants and six seedlings at home. It also protects parents from losing custody or visitation rights solely because of marijuana use and states that parolees and probationers cannot be punished for marijuana use. Nor could the odor of marijuana or burnt marijuana be used as probable cause for police to infer that a crime had been committed. And it includes a provision for the expungement of some past marijuana offenses. It also sets a 15 percent excise tax on retail marijuana sales.

Medical Marijuana

South Dakota House Approves Medical Marijuana Expansion Bill. In a narrow vote, the House on Monday approved Senate Bill 1, which expands the list of qualifying conditions for medical marijuana use to include people afflicted with cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, aids, and HIV. The bill has already passed the Senate, but must go back for one more concurrence vote because it was modified in the House. If it wins that vote, it would then go to the desk of Gov. Kristi Noem (R).

Harm Reduction

Oregon House Approves Bill to Expand Naloxone Access. The House has approved a bill to more widely distribute the opioid overdose reversal drug naloxone (Narcan), House Bill 2395, on a vote of 48-9. The bill declares a health emergency and will make overdose reversal kits available in libraries, churches, and other public buildings. It also allows police, firefighters, and EMTs to distribute the kits to drug users and their friends and family members, and it decriminalizes fentanyl test strips. The bill now heads to the Senate.

International

Colombia Vice President Calls for Coca Leaf Decriminalization at UN. Vice President Francia Marquez used an address at the UN Permanent Forum on Indigenous Issues to petition for the decriminalization of the coca leaf in the country's indigenous territories. "The time has come to sincerely put the debate on decriminalizing the use of coca leaf in ethnic and indigenous territories, continuing to criminalize the use of coca leaf will not allow Colombia to achieve total peace," she said. "Because we know that it has been this criminal, racial policy that has us as peoples suffering terrible humanitarian crises, it is the drug trafficking imposed from that criminal policy that today is generating armed conflicts in ethnic territories." Colombia will join Bolivia in petitioning the UN Commission on Narcotic Drugs to remove coca leaf from its list of prohibited substances.