California's governor signs another batch of marijuana bills, a Pennsylvania doctor and medical marijuana patient sues over the ban on medical marijuana patients buying handguns, and more.

Peyote buttons. The Native American Church is asking Congress for help to preserve the psychoactive cactus. (Creative Commons)

California Governor Signs Another Batch of Marijuana Bills. Gov. Gavin Newsom (D) on Sunday signed into law 10 marijuana bills, including a bill to allow interstate marijuana commerce, a bill to provide employment protections for marijuana users, a bill to make it easier to seal records of prior marijuana convictions, and a bill barring localities from banning medical marijuana deliveries. For too many Californians, the promise of cannabis legalization remains out of reach," Newsom said. "These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry. I look forward to partnering with the legislature and policymakers to fully realize cannabis legalization in communities across California."

Medical Marijuana

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of non-violent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

Drug Policy

At Ohio Campaign Rally, Trump Again Calls for Death Penalty for Drug Dealers. The defeated former president used a campaign rally for Ohio Republicans in Youngstown Saturday to reiterate his call to execute drug dealers. Painting an oratorical portrait of a country awash in crime, he said that "much of the crime wave is caused by drug dealers who during the course of their lives, will kill an average of 500 American citizens not to mention the destruction of millions of American families who are so devastated by drugs. It's an invasion of crime," he added. "And remember much of the crime that we talk about is caused by drugs. And I'm calling for the death penalty for drug dealers and human traffickers." Trump falsely claimed that the death penalty for drug dealers would "reduce drug distribution and crime in our country by much more than 75 per cent. That's in one day

"Every place that has a real death penalty ... they don't have any people dying of drugs. I mean, literally nobody, because these drug dealers are smart," he said. "They say ‘you know what, if I want to keep doing drugs, if I'm going to continue to sell them, I'm not doing them in China. I'll go someplace else like how about the United States of America where nothing happens?’ We would reduce crime in our country by much more than 75 per cent in one hour. In one hour, the day it's passed, it's got to be meaningful, but you would reduce it in one hour," he claimed. "I say it because it's very hard. Nobody ever talks this way. Nobody talks about the death penalty. It's a horrible thing to say. Even for me, it's a horrible thing."

The remarks were met with cheers from the crowd, which also cheered a Q-Anon anthem played at the rally's end and raised their arms in a one-finger Q-Anon salute to it. Trump was campaigning for Republican senatorial candidate JD Vance, who he said was "kissing my ass" to maintain his support It is not clear what Vance's position on the death penalty for drug dealers is.

Psychedelics

Native American Church Leaders Ask Congress for Money to Support Peyote Cultivation and Preservation. Leaders of the Native American Church, whose members can lawfully use the psychoactive cactus peyote, held multiple meetings with members of Congress last week in a bid to garner federal funding for efforts to preserve the limited habitats where peyote can be grown. The supply of peyote is limited and under strain, and Native American Church members want assistance to ensure that it remains available for future generations. Peyote is a slow-growing crop that takes 10 years to mature, and it is stressed by climate change, unsustainable agricultural practices, and increase non-Native use of the hallucinogen.Specifically, church leaders and the National Congress of American Indians (NCAI) are lobbying lawmakers to allocate $5 million in funding from USDA’s Conservation Reserve Program or Interior’s Office of the Assistant Secretary for Indian Affairs to provide compensation to landowners who agree to convert their property to protected peyote habitats.

International

Peru Reports Coca Crop Grew by 30 Percent Last Year. The area devoted to coca cultivation increased by more than 30 percent last year, reflecting rising coca cultivation in the country ever since 2015. Ricardo Soberon, head of the drug agency DEVIDA, said cultivation had reached 200,000 acres in 19 coca zones, up from 14 in 2020. Soberon said Peruvian producers were responding to high demand from the United States and Europe. "How can we act to reduce the supply if there is a growing demand to buy cocaine," he asked, pointing out that at a kilo of cocaine goes for $1100 in Peru, but nearly $45,000 in London or Paris. 

(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 Malaysian man set to be hanged in Singapore over 43 grams of heroin has won a temporary reprieve, our supply chain woes include 72,000 truckers felled by drug testing, and more.

Drug testing---especially for marijuana--is costing the economy tens of thousands fo truck drivers. (Creative Commons)

Republican Federal Marijuana Legalization Bill Coming. US Rep. Nancy Mace (R-NC) has drafted a "compromise" marijuana legalization bill that aims for a happy middle between merely rescheduling marijuana, as proposed by some other Republican lawmakers, and the comprehensive bill that Democrats are championing. The proposed bill, known as the States Reform Act, now in preliminary draft form, would deschedule marijuana, impose a 3.75 percent excise tax on weed sales, limit the FDAs regulatory authority to medical marijuana, make the Treasury Department's Alcohol and Tobacco Tax and Trade Bureau the lead regulatory agency, and make certain marijuana convictions expungable. The bill has dim prospects in the current Democratically-controlled Congress, but could open the way for similar legislation if Republicans take control after next year's elections.

Drug Testing

Supply Chain Woes Include 72,000 Truckers Taken Off the Road by Failed Drug Tests, Mostly for Marijuana. The American Trucking Association says the industry has a driver shortfall of 80,000, which is contributing to the economy's supply chain woes, but at the same time, some 72,000 truckers have been forced off the roads in the past two years by tough federal drug testing restrictions. The Drug & Alcohol Clearinghouse, a registry designed to increase safety on the highways, went into effect in January 2020. "It’s a staggering number of drivers we have lost" because of the new drug-testing rules, said Jeremy Reymer, chief executive of industry recruiter DriverReach. The majority (56 percent were sidelined because of testing positive for marijuana. "There needs to be the ability to test for real-time impairment and not just recent or long-term past use of marijuana," said Scott Duvall, director of safety and compliance for TransForce Group, which runs truck driving schools and rents out drivers.

Foreign Policy

Mexico Calls on US Government, Courts for Help Stemming Flow of American Guns to Drug Cartels. Mexican officials say illegal guns are flowing into the country from the US and are contributing to rising homicide rates and empowering the drug cartels responsible for most of the killings. "We estimate that half a million weapons are trafficked from the U.S. to Mexico every year. The problem is that all this weaponry is getting to the criminal organizations, giving them very strong firepower to commit all kinds of crimes," said Mauricio Ibarra Ponce de Leon, Mexico’s consul general in El Paso. The Mexican government has now filed a lawsuit to try to block the flow. We have never meddled with the Second Amendment. This is not against the rights of the people of the United States to buy and own a gun," Ibarra said. "We (sued) gun manufacturers and distributors we believe are engaging in negligent commercial practices because they know the weaponry they produce is being trafficked to Mexico and is being used in criminal activity."

International

Singapore Temporarily Halts Execution of Malaysian Man Over 1 ½ Ounces of Heroin. Malaysian citizen Nagaenthran K.Dharmalingam, sentenced to death for smuggling 43 grams of heroin into the country, has won at least a temporary reprieve an international human rights campaign to spare the man, who supporters say is intellectually disabled. The execution is now halted until the constitutional appeal is heard on Tuesday, alongside a separate appeal for psychiatrists to assess Dharmalingam. If both appeals are unsuccessful, he will be hanged as scheduled on Wednesday.

A new poll has record support for marijuana legalization in Pennsylvania, House Republicans file a bill to protect gun rights of state-legal marijuana users, House Democrats file a bill to end the lifetime ban on federal cash and food benefits for people with drug felonies, and more.

buprenorphine (Pixabay)

House Republicans File Gun Rights Bill for Marijuana Users. A group of House Republicans have filed a bill, HR 2830, that would allow marijuana users to purchase guns in states where marijuana is legal. "There's no reason somebody who uses marijuana responsibly and legally should be barred from purchasing a firearm, we're past that," Guns Save Life Executive Director John Boch said."We shouldn't be removing the constitutional rights of people to keep and bear arms just because they're using a drug or recreational marijuana," he added.

Pennsylvania Poll Has Record Support for Marijuana Legalization. A new Muhlenberg College annual public health poll has support for marijuana legalization at 58%, the highest level of support for legalization since the poll began tracking the issue. "The trend on public support for legalization of marijuana in Pennsylvania is clear, with support growing for the eighth year in a row," Chris Borick, director of the college's Institute of Public Opinion, said in a statement accompanying the survey results. "As the state government considers this policy option, the public is increasingly coming to the conclusion that they support legalization."

Medical Marijuana

Hawaii Legislature Approves Resolution Seeking Medical Marijuana Exemption from DEA. The state legislature has adopted a resolution, HCR 132, asking the state Health Department to seek an exemption from the DEA to permit it to run its medical marijuana program without fear of federal interference. The resolution asks the Health Department to seek an "exception to regulations" and to seek a DEA rulemaking process to protect the state's medical program from violating the Controlled Substances Act's requirements for drugs in Schedule I.

Drug Policy

House Democrats File Bill to End Ban on Federal Assistance for People with Drug Felonies. A handful of Democratic congressmen on Monday filed the Making Essentials Affordable and Lawful (MEAL) Act (not yet on the congressional web site) to stop states from imposing a lifetime ban on people with drug felonies from receiving federal cash and food assistance. Most states have already waived the ban, but the drug war-era law that imposes the ban remains on the books.

Drug Treatment

Biden Administration to Allow Nearly All Doctors to Prescribe Buprenorphine. The administration announced on Tuesday that it intends to dramatically deregulate the opioid maintenance treatment drug buprenorphine. The move was first proposed by the Trump administration back in January and would allow just about any doctor to treat patients with the drug, which is considered the most effective medication for opioid addiction.

International

British Columbia Formally Requests Permission from Canadian Federal Government for Provincial Drug Decriminalization. Five years to the day after the province declared a public health emergency because of overdose deaths, British Columbia has formally requested a federal exemption from Health Canada to decriminalize the personal possession of drugs. The province is specifically seeking a province-wide exemption from the Controlled Drugs and Substances Act to eliminate criminal penalties for drug possession. "Stigma drives people to hide their drug use, avoid health care and use alone," Mental Health and Addictions Minister Sheila Malcolmson said. "Through province-wide decriminalization, we can reduce the fear and shame that keep people silent about their drug use, and support people to reach out for help, life-saving supports and treatment."

A Pennsylvania patient challenges the federal gun ban, an Ohio court has thrown out the state's law requiring racial justice in licensing, and more.

Indiana Poll Finds Strong Support for Medical Marijuana. Even in red-state Indiana, they like their medical marijuana, a new poll finds. The poll from Ball State University finds that 81% of Hoosiers believe marijuana should be legal for medical reasons. The poll had support for full legalization at only 39%.

Kansas

Kansas Governor-Elect Supports Medical Marijuana. Laura Kelly, the Democrat who won a surprise victory in conservative Kansas, is ready to take the state down the path toward legal medical marijuana. "I think that there is some momentum in the legislature to pass, to legalize medical marijuana," she said. "I think we would do it Kansas-style, where it would be well-regulated. With a supporter in the governor's mansion, legislators no longer have to worry about coming up with supermajorities to overcome a gubernatorial veto."

Ohio

Ohio Court Rules Racial Justice Requirement for Grow Licenses Unconstitutional. An Ohio district court has ruled unconstitutional the state's "racial quota" for selecting medical marijuana business licenses. The state's medical marijuana law requires 15% of all licenses to be awarded to businesses owned by racial minorities, and the state awarded two of 12 available licenses to minority-owned firms even though they scored lower than other applicants. One of the applicants who did not get a license sued. The ruling could prompt the state to award a provisional license to the plaintiff in order to make the case go away.

Pennsylvania

Pennsylvania Doctor and Medical Marijuana Patient Sues for Right to Own a Gun. A Philadelphia physician who is also a medical marijuana patient filed a lawsuit in federal court last Thursday challenging a federal law that prevents him from owning a firearm because he uses medical marijuana. Dr. Matthew Roman was blocked from buying a gun earlier this year when he honestly answered a question about marijuana use. Roman's lawsuit claims that the blanket prohibition against marijuana users violates the constitutional rights of tens of thousands of nonviolent, law-abiding American citizens. The filing, in US District Court for the Eastern District of Pennsylvania, claims the law violates both the Second and Fifth Amendments of the Constitution.

Utah

Utah Medical Marijuana Backers Threaten to Sue Over Mormon Church Involvement in Bill to Replace Prop 2. Medical marijuana supporters said last Thursday they are exploring legal action to challenge the legislature's move to replace the voter-approved Prop 2 medical marijuana initiative "at the behest" of the Mormon Church. Even though voters approved Prop 2 this month, lawmakers plan to meet in a December special sessions to replace the measure with a proposal more acceptable to opponents, including the church. "Although initiative statutes may be amended or repealed by the Legislature, the almost immediate extreme undermining of numerous provisions of Proposition 2 at the behest of The Church of Jesus Christ is anti-democratic and contemptuous of the... recognition in the Utah Constitution that the people are to have the power to enact legislative changes," attorney Rocky Anderson, former Salt Lake City mayor, wrote.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]