Employment

RSS Feed for this category

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.

House Approves SAFE Banking Again, Colombia Cocaine Production Down Slightly, More... (7/15/22)

The NYPD reverses course on testing cops for marijuana, Colorado's governor signs an executive order protecting marijuana-using workers from discrimination, and more.

Marijuana Policy

Coca and cocaine production remained relatively stable at high levels last year. (Pixabay)
House Approves More Marijuana Amendments as Part of Defense Spending Bill. The House on Thursday approved a half dozen marijuana amendments to the National Defense Authorization Act, including amendments to protect banks that work with state-legal marijuana businesses and allow Department of Veterans Affairs doctors to recommend medical marijuana to patients. The banking amendment came from Rep. Ed Perlmutter (D-CO) and contains the language of the Secure and Fair Enforcement (SAFE) Banking Act, which has been included in other omnibus spending bills only to be stripped out in conference committee by Senate leadership, which is still holding out for a full-fledged marijuana legalization bill.

Colorado Governor Issues Executive Order to Protect Marijuana Users from Workplace Discrimination. Gov. Jared Polis (D) has issued an executive order designed to protect workers from being punished or denied a professional license for using, possessing, or growing marijuana. The order includes people from other states. "The exclusion of people from the workforce because of marijuana-related activities that are lawful in Colorado, but still criminally penalized in other states, hinders our residents, economy and our State," said Polis. The order also directs the state Department of Regulatory Agencies to not provide information to aid in professional investigations related to legal marijuana-related activities in the state.

NYPD Says It Will Stop Testing Cops for Weed, Then Reverses Course. The NYPD on Wednesday announced it would quit drug testing officers for marijuana, only to reverse course within a matter of hours. "The New York City Law Department has directed the NYPD to cease all random, scheduled and pre-employment testing for marijuana," an NYPD spokeswoman said early Wednesday. "The Department will continue to administer marijuana screenings to personnel when there are indications of impairment and is reviewing its current policies in light of this directive." But later in the day, an NYPD spokesman said that the department was in discussions with the Law Department about possible conflicts with federal law and that in the meantime, it was back to the old policy. "While these discussions continue, there is no change in NYPD policies, procedures, or testing protocols regarding the use of Marijuana by uniformed members of the service," the spokesperson announced.

International

Colombian Coca, Cocaine Production Fell Slightly Last Year, Drug Czar's Office Says. The Office of National Drug Control Policy (ONDCP -- the drug czar's office) reported Thursday that Colombia had seen slight reductions in coca cultivation and cocaine production in 2021. Estimated coca cultivation dropped from 600,000 acres to 578,000, while estimated cocaine production dropped from 994 tons in 2020 to 972 tons last year. Despite billions of dollars in US anti-drug and counter-insurgency funding over the past several decades, Colombia remains one of the world's top cocaine producer, with leftist rebel factions, former rightist paramilitaries, and criminal gangs competing earn black market profits from the trade. ONDCP also reported that Peruvian cocaine production and coca cultivation dropped slightly as well last year, but production was up slightly in Bolivia, leaving global cocaine production at near record levels.

Medical Marijuana Update

A North Carolina medical marijuana bill is moving, a Louisiana bill to protect medical marijuana-using state employees goes to the governor, and more.

Louisiana

Louisiana Bill to Protect State Employees Who Use Medical Marijuana Goes to Governor. Both houses of the legislature have now approved House Bill 988, which aims to protect state employees from any negative consequences for using medical marijuana. The bill's author, House Rep. Mandie Laundry explained, "This bill provides employment discrimination protections," bill sponsor Rep. Mandie Laundry (D-New Orleans) explained. "It basically means that they can't be precluded from employment or fired just for having a medical marijuana prescription." The bill is now on the desk of Gov. John Bel Edwards (D), who has given no indication of whether he will sign it or not.

New York

New York Senate Approves Bill to Mandate Health Insurance Coverage for Medical Marijuana. The Senate last Wednesday approved Senate Bill 8837, which would require public health insurance programs to cover medical marijuana expenses and clarify that private insurers can do the same. The bill would define marijuana as a "prescription drug," "covered drug," or "health care service" under relevant state codes so that Medicaid and workers compensation would be required to provide coverage. The bill now heads to the Assembly.

North Carolina

North Carolina Medical Marijuana Bill Advances to Senate Floor Vote. The Compassionate Use Act, Senate Bill 711, was unanimously approved by the Senate Rules Committee last Wednesday, clearing the way for a final Senate floor vote, which could happen as soon as today. If and when the bill passes the Senate, it then goes to the House, and if approved by the House, it would go to the desk of Gov. Roy Cooper (D), who has said he supports medical marijuana. The bill would create a commission to issue 10 medical marijuana supplier licenses, with each supplier able to operate eight retail shops. Patients would be limited to a 30-day supply of medical marijuana.

North Carolina Senate Approves Medical Marijuana Bill. The Senate last Thursday voted 35-10 to legalize medical marijuana by approving Senate Bill 711, the Compassionate Use Act. That vote was a second reading of the bill, with another vote required next week before the bill is sent to the House, but after today's vote, that is considered a formality. The bill would let patients possess up to 1 ½ ounces of medical marijuana, but does not allow for home cultivation.

Pennsylvania

Pennsylvania Lawmakers Push for Tax Relief for Medical Marijuana Businesses. The House Finance Committee has approved an amendment to a broader tax code reform bill that would allow medical marijuana businesses to deduct business expenses for state tax purposes. Such businesses cannot deduct business expenses on their federal tax returns because the plant remains federally illegal, but the amendment would let the businesses add deductions after the fact to their federal corporate tax filings. The state Senate has already passed a bill to clarify that medical marijuana businesses may use the state's banking system, but the House has yet to act on its version of that bill.

State Banking Regulators Call for Passage of SAFE Banking Act, Colombia Could Elect a Drug War Critic as President, More... (5/27/22)

A congressman calls on the Transportation Department to adjust its drug testing policies for truck drivers to account for broad marijuana legalization, Michigan enacts a new asset forfeiture law for airports, and more.

Leftist Colombian presidential candidate Gustavo Petro is a harsh critic of the US drug war in Colombia. (Creative Commons)
Marijuana Policy

State Financial Regulators Urge Congress to Pass Marijuana Banking Protections as Part of Manufacturing Bill. The Conference of State Bank Supervisors (CSBS), which represents state financial regulators from across the country, sent a letter Wednesday to House and Senate leaders urging them to include marijuana banking reform in the COMPETES Act, a large-scale manufacturing bill. "By granting a safe harbor for financial institutions, Congress can bring regulatory clarity to the financial services industry, address public safety concerns and ensure access to financial services for state-compliant marijuana and marijuana-related businesses," CSBS Acting President James Cooper said.

The group is calling on congressional negotiators to include the Secure and Fair Enforcement (SAFE) Banking act in the version of the bill that will go to President Biden. The House included it in its version of the bill, but the Senate removed the language. Senate Majority Leader Charles Schumer (D-NY) has consistently blocked passage of the SAFE Banking Act, arguing that outright federal legalization is the path to go down, but there is little sign that there is sufficient support in the Senate for a legalization bill to pass.

Asset Forfeiture

Michigan Bill to Let Airport Authorities Seize Suspected Drug Cash Signed into Law. Gov. Gretchen Whitmer (D) has signed into law a pair of Republican-sponsored bills, House Bill 4631and House Bill 4632, that will allow airport authorities to seize suspected drug cash or property without first obtaining a conviction or guilty plea if the cash or property exceeds $20,000. The seizure would still have to be upheld in a civil judgement. "Drug trafficking will not be tolerated in Michigan," said bill sponsor Rep. Graham Filler (R-Clinton County). "The men and women who keep our airports secure need to have the proper authority to keep drugs and drug money out of our state -- and this reform gives them the tools they need to get the job done."

Drug Testing

Lawmaker Calls on Transportation Department to Amend "Outdated" Marijuana Testing Requirements. Rep. Earl Blumenauer (D-OR) has sent a letter to Transportation Secretary Pete Buttigieg calling on the department to change its policies that punish commercial truck drivers for using marijuana while off the job. "To date, 48 states have enacted laws that, to varying degrees, relax their prohibitions against the use of marijuana," wrote Blumenauer. "Nevertheless, your department's zero-tolerance policy sweeps up drivers who were unimpaired, drivers who have not used cannabis for weeks or even months, and drivers who have used federally-legal CBD oils. Blanket disqualifications are unjust, unfair, and cause widespread economic and social damage. Thousands of driving positions are unfilled, compounding our supply chain woes. Penalizing safe drivers who comply with state cannabis laws harms both the drivers and the supply chains they support." Amidst supply chain challenges and a driver shortage, more than 36,000 truckers have had their licenses suspended for testing positive for marijuana metabolites in recent months.

International

Leftist Critic of US Drug War Poised to Win Colombian Presidency. Former leftist guerilla and Bogota mayor and current Senator Gustavo Petro is poised to win the first round of Colombia's presidential elections (although he may be forced into a run-off if he comes in with less than 50 percent of the vote). Petro is a staunch critic of the US's drug war in Colombia, frequently noting that despite spending billions on military and law enforcement and decades of US pressure to reduce drug production, the country remains a top supplier of cocaine and is awash in prohibition-related violence. He has also recently questioned the extradition last month of the head of the Gulf Clan Cartel, Dairo Antonio Usuga and is more broadly critical of extradition.

"Extradition: it merits a discussion -- a review of the figures -- to see if what’s been done for 40 years has worked or not; if a million dead Latin Americans -- the majority Colombians and Mexicans -- has been worth it," he said in an interview last month. Despite all the violence and security spending, Colombian cocaine production has tripled in the past decade, according to US government data.

SD Not Legalizing, Israel Decriminalizing, TN Fentanyl Test Strip Bill Advances, More... (3/7/22)

Bills to produce marijuana-consuming workers advance in Illinois and DC, an Idaho bill to require drug tests for substitute school teachers is killed, and more.

Legislation legalizing fentanyl test strips as an overdose prevention measure is moving in several states.
Marijuana Policy

Illinois House Approves Workplace Protections for Marijuana Users. The House last Thursday approved a bill that would bar most employers from firing workers or refusing new hires merely for testing positive for marijuana use. House Bill 4116 now moves to the Senate. "If we're going to legalize the substance, you should talk about individual liberties and what people want to do on their weekends," the bill's sponsor, Rep. Bob Morgan (D) said. "We should allow people to make good choices and not be discriminated against in the workplace because of those choices as long as it's not affecting the workplace."

South Dakota House Kills Marijuana Legalization Bill (Again). The House on Thursday killed a marijuana legalization bill, Senate Bill 3, that had been revived via a procedure called a smokeout earlier in the week. The bill had already passed the Senate, only to be killed by the House State Affairs Committee last Monday. But 24 members rose last Tuesday to revive the bill, only to see the House kill it once and for all. That clears the way for a marijuana legalization initiative campaign that is already in the signature gathering process.

Washington, DC, Council Committee Approves Bill to Ban Most Pre-Employment Marijuana Testing. The DC Council's Labor and Workplace Development Committee voted unanimously last Thursday to approve a bill to ban most workplaces from subjecting job applicants to pre-employment marijuana testing. This is an important step towards eliminating historic inequities of cannabis use and ensuring that those who use cannabis medically or recreationally are not penalized in their workspaces [for what they do] on their private time," said bill sponsor Councilmember Trayon White (D). The bill now heads before the full Council.

Drug Testing

Idaho Bill to Drug Test Substitute Teachers Killed. A bill that would have required that substitute teachers be drug tested, House Bill 651, died in a House floor vote last Thursday. Bill sponsor Rep. Judy Boyle (R-Midvale) was worried that substitute teachers would either use drugs or sell them to children. "Substitutes come and go. Most districts have no qualifications other than, you're 18, you want to sub, let's go for it. This provides a horrid opportunity for people who want to either solicit drugs to our children or are on drugs themselves." The bill advanced to the House floor despite the opposition of school districts and educators only to be shot down on a 38-31 vote.

Harm Reduction

Tennessee Senate Approves Fentanyl Test Strip Bill. The state Senate has approved legislation legalizing the use of fentanyl test strips, HB2177, in a bid to reduce overdoses in the state. The test strips are currently banned as drug paraphernalia, but this bill removes them from that classification. The bill was supported by the Department of Mental Health and Substance Abuse Services and now heads to the desk of Gov. Bill Lee (R).

International

Israel Moving to Decriminalize Marijuana as Legalization Stalls in Knesset. With marijuana legalization stalled in the Knesset, Justice Minister Gideon Sa'ar announced Sunday that the government is considering decriminalizing recreational marijuana use and expunging the criminal records of those convicted of personal possession or use of marijuana. Sa'ar is expected to sign regulations putting the move into effect in coming days, with approval at the Knesset expected shortly thereafter. The change would go into effect immediately upon approval by the Knesset.

SD Legal Pot Bill "Smoked Out" and Revived, UT Therapeutic Psychedelic Task Force Bill Passes, More... (3/2/22)

A coalition of marijuana and civil rights groups is demanding a House floor vote on a marijuana legalization bill, the Transportation Department is moving toward approval oral drug testing for truckers, and more.

A South Dakota marijuana legalization bill got "smoked out" Tuesday, but not like this. (IRIN)
Marijuana Policy

Marijuana, Civil Rights Groups Demand House Vote on Legalization Bill This Month. A coalition of marijuana reform and civil rights groups convened by the Drug Policy Alliance, the Marijuana Justice Coalition, sent a letter to House leadership Tuesday seeking a floor vote this month on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act (HR 3617). Sponsored by House Judiciary Committee Chair Jerrold Nadler, the MORE Act passed the House in the last Congress and has passed out of the committee in this Congress in September, but has been stalled since then. "Given that nearly every minute one person in this country is arrested for a minor marijuana crime, the public deserves to know if members of the 117th Congress stand on the side of justice and against the outdated and cruel policy of prohibition and criminalization of marijuana," the letter to House Speaker Nancy Pelosi (D-CA) and House Majority Leader Steny Hoyer (D-MD) said.

South Dakota Marijuana Legalization Bill Back from the Dead After Being "Smoked Out." Just one day after a House committee voted to kill the legalization bill, Senate Bill 3, it has been revived using a legislative procedure known as a "smoke out." Under that procedure, legislative leaders can poll lawmakers and if a majority signal they are in favor of proceeding with the bill, the bill can proceed to a House floor vote. "We just smoked out a weed bill," House Speaker Spencer Gosch (R) quipped when enough members stood to be counted. Voters had approved a marijuana legalization initiative in 2020 only to see it overturned by the state Supreme Court, and the activists behind that initiative are currently in the midst of a signature gathering campaign to put the issue on the ballot this year if the legislature fails to pass the bill.

Psychedelics

Utah Legislature Overwhelmingly Approves Psychedelic Therapeutic Study Bill. With a final Senate vote last Friday, the state legislature has approved a bill to set up a task force to study the therapeutic potential of psychedelics, House Bill 167. The House had passed the bill back on February 10. In each chamber, only one no vote was registered. The bill is now on the desk of Gov. Spencer Cox (R) but has a veto-proof majority in case he balks. The bill would create a task force to "provide evidence-based recommendations on any psychotherapy drug that the task force determines may enhance psychotherapy when treating a mental illness."

Drug Testing

US Department of Transportation Publishes Proposed Rules for Oral Fluid Drug Testing. The Department of Transportation last Friday a notice of proposed rulemaking for oral fluid drug testing of transportation employees covered by federal regulations. DOT said that including oral testing would help employers combat cheating on urine drug tests. Oral testing to detect the presence of marijuana only has a 24-hour window, while urine testing can detect marijuana metabolites for days or weeks. Comments on the notice of proposed rulemaking should be submitted by March 30, 2022.

NY Governor Signs Bill to Let Hemp Growers Grow Marijuana, Avocado Imports Resume After Cartel Threat, More... (2/23/22)

A new poll finds three out of four Floridans are ready to legalize marijuana, the Supreme Court asks the Justice Department to file a brief in a pair of medical marijuana workmen's compensation cases, and more.

Marijuana. It is popular in Florida. (Creative Commons)
Marijuana Policy

Poll Finds Floridians Ready for Marijuana Law Reform. A new poll from the University of North Florida's Public Opinion Research Lab revealed three in four Floridians are ready to legalize pot. Some 76 percent of respondents supported allowing people to legally possess small amounts of marijuana, with just 20 percent oppose. That same 76 percent support figure came among Democrats, while even among Republicans, support was at 64 percent. Among independent voters, support was at 90 percent. Despite strong support for legalization, there is no sign the GOP-dominated state legislature is ready to embrace it, leaving a 2024 initiative campaign as the most likely path to progress.

New York Governor Signs Bill Allowing Hemp Farmers to Grow Marijuana This Season. Governor Kathy Hochul (D) on Tuesday signed into law S08084A, which will allow existing licensed hemp farmers to grow and process marijuana for the adult market this year. Hochul said the bill would help establish a safe, equitable, and inclusive new industry. It creates a new Conditional Adult-Use Cannabis Cultivator license for hemp farmers who want to make the transition. Licensees will be required to create "safe, sustainable and environmentally friendly cultivation practices, participate in a social equity mentorship program, and engage in a labor peace agreement with a bona fide labor organization."

Medical Marijuana

Supreme Court Asks Feds to Weigh in on Medical Marijuana Workers Compensation Cases. The Supreme Court has asked the Justice Department to submit a brief in a pair of workmen's compensation cases revolving around medical marijuana. The question is whether federal law protects employers who do not cover medical marijuana costs for workers injured on the job even in states that require it. The answer will depend on an interpretation of the constitution's supremacy clause. The cases involve Minnesota workers who sought workers compensation for medical marijuana expenses after being hurt on the job. The Minnesota Supreme Court has ruled that the claims were invalid because marijuana remains illegal under the federal Controlled Substances Act.

International

US Resume Avocado Imports from Mexico, Paused by Potential Cartel Threat. Guacamole lovers, take heart! A week-long shutdown of avocado imports from Mexico prompted by threats to US Department of Agriculture inspectors in the state of Michoacan has ended. "The safety of USDA employees simply doing their jobs is of paramount importance," the agency said. "USDA is appreciative of the positive, collaborative relationship between the United States and Mexico that made resolution of this issue possible in a timely manner." The threats are being blamed on the Jalisco New Generation Cartel (CJNG), which is fighting local cartels for control of not only drug trafficking but also control over the lucrative avocado crop in the area.

Washington Drug Decrim Init Ready for Signature Gathering, Crack Pipe Funding Furor, More... (2/9/22)

Thailand removes cannabis from its schedule of controlled substances (but marijuana legalization is still down the road a bit), a Washington state drug decriminalization initiative is cleared to begin signature gathering, and more.

A broken crack pipe. Bowing to noise from the right, the Biden administration won't fund harm reduction kits with them. (CC)
Marijuana Policy

Colorado Bill Would Protect Workers from Being Fired for Off-Job Marijuana Use. Rep. Brianna Titone (D-Arvada) has filed a bill, House Bill 1152, that would bar employers from either refusing to hire or firing workers because of their off-duty marijuana use. The measure also includes a provision requiring employers to consumer medical marijuana at work, with some exemptions for safety-sensitive positions. "Marijuana is legal in Colorado," said state Rep. Titone. "And what people do in their spare time that doesn't impact their work shouldn't really be a problem for them. They should be able to enjoy the legal things that we have here in Colorado and not be penalized for it." The state Supreme Court has previously ruled on the side of employers on the issue, particularly in the 2015 case of Brandon Coats v. Dish Network.

Drug Policy

Washington Drug Decriminalization, Treatment Initiative Ready to Begin Signature Gathering. A drug decriminalization and treatment funding initiative that was filed last month by the group Commit to Change WA, which is backed by the state ACLU, is ready to begin signature gathering in a bid to qualify for the November ballot. The move comes after a Monday deadline for challenges to its ballot title passed without any challenges. The initiative would remove the state's existing penalties for drug use and possession, expunge past drug use and possession convictions, and appropriate more than $100 million a year for drug prevention, treatment, outreach, and recovery, including at least $10 million a year for harm reduction. The campaign now has until July 8 to come up with 324,516 valid voter signatures to make the ballot.

Harm Reduction

Cowed by Criticism from the Right, Biden Administration Drops Funding for Safer Crack Pipes. Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Dr. Rahul Gupta announced that a harm reduction grant program for drug users will not fund safer pipes for crack or meth smokers. "No federal funding will be used directly or through subsequent reimbursement of grantees to put pipes in safe smoking kits," Gupta and Health and Human Services Secretary Xavier Becerra said in a statement.

There is $30 million in federal funding for harm reduction, and the Substance Abuse and Mental Health Services Administration had listed "safe smoking kits/supplies" among the items that could be purchased with taxpayer money. Other items included included overdose prevention drugs, medication lockboxes, test kits for infectious diseases, and syringe disposal containers. The tender did not actually mention pipes, but it did trigger online reports that the Biden administration was using taxpayer dollars to buy "crack pipes."

International

Thailand Officially Drops Cannabis from List of Controlled Substances. As of today, cannabis is no longer a Category 5 controlled substance. Public Health Minister Anutin Charnvirakul signed a ministerial announcement officially removing it on Tuesday. The delisting means that all parts of the plant can be legally consumed, but THC extracts above 0.2 THC will remain illegal. The change will go into effect in 120 days. This means that production of hemp and hemp-based CBD products can commence, but it will still be against the law to grow and consume marijuana until a bill is submitted to parliament in order to establish a regulatory framework for production and sales.

DEA Proposes Scheduling Five Tryptamines, RI Governor to Push for Marijuana Legalization, More... (1/21/22)

Legislators in a pair of red states attempt to deal with mounting pressure for medical marijuana, a Washington state bill moves to end employment-related marijuana testing, and more.

Psilocybin mushrooms could be decriminalized under a New Hampshire bill. (Creative Commons)
Marijuana Policy

Rhode Island Governor Renews Push for Marijuana Legalization. Gov. Dan McKee (D) has included marijuana legalization in his Fiscal Year 2023 budget, calling for the "phased-in introduction of retail licenses." The state Senate overwhelmingly approved marijuana legalization in the last session, but the legislature adjourned with no vote in the House. Lawmakers are reportedly working on a compromise between the Senate bill, which envisioned up to 150 retail outlets, and the governor's initial plan, which called for only 25 retail licenses. Both the Senate bill and the governor's plan include social equity provisions.

Washington State Bill Would End Employment Drug Tests for Marijuana. State Sen. Karen Keiser (D-Des Moines) has sponsored Senate Bill 5517, which would amend the state's employment drug testing law to exclude marijuana -- with a couple of notable exceptions. One exception would allow employers to continue to screen for marijuana if they create "drug-free workplace" written policies, including employee education and supervisor training. The other exception would be for federal employees, because marijuana remains federally illegal.

Medical Marijuana

Idaho Bill Would Allow Use of Spray Derived from Marijuana. A pair of Republican legislators have filed a bill, House Bill 446, that would allow people suffering from multiple sclerosis and other neurological disorders to have access to a pain relief spray derived from marijuana. The spray, Nabiximols, is manufactured by GW Pharma and is currently undergoing clinical trials for possible approval by the Food & Drug Administration. It contains a mix of CBD and THC, and would be the second such drug. The legislation was introduced in the House Health and Welfare Committee on a voice vote and can now come back to the committee for a public hearing.

Idaho has been one of the most recalcitrant states when it comes to marijuana law reform. Last year, a medical marijuana bill in the House didn't even receive a hearing, while the Senate approved a constitutional amendment that would give the legislature -- not voters in an initiative -- sole authority to legalize marijuana or any other drugs.

Nebraska Restrictive Medical Marijuana Bill Filed in Bid to Blunt Initiative Campaign. Conservative state Sen. Mike Groene (R-North Platte) has filed a bill, LB 1275, that would allow patients with stage IV cancers, uncontrollable seizures, severe or persistent muscle spasms caused by multiple sclerosis or muscular dystrophy, or a terminal illness with a life expectancy of less than one year to possess up to 2.5 ounces of marijuana in the form of an oil or pill. Patients under 19 would need written certification from three different practitioners.

Groene was open that his bill is an effort to blunt an ongoing medical marijuana initiative campaign. "I don't want it to pass," he said. "I want the elected officials in charge of the future of this, to define it and change it over time if necessary, to have the medical people in (the Department of Health and Human Services) write the bills."

Psychedelics

DEA Proposes Labeling Five Psychedelic Tryptamines as Schedule I Controlled Substances. The DEA announced last Friday that it intends to criminalize five tryptamines as Schedule I controlled substances. The five are: 4-Hydroxy-N,N-diisopropyltryptamine (4-OH-DiPT), 5-Methoxy-alphamethyltryptamine (5-MeO-AMT), N-Isopropyl-5-Methoxy-N-Methyltryptamine (5-MeO-MiPT), N,N-Diethyl-5-methoxytryptamine (5-MeO-DET), and N,N-Diisopropyltryptamine (DiPT).

The agency has been monitoring the substances as drugs of concern for more than two decades, sent data on them to the Department of Health and Human Services in 2008 and received medical and scientific reports on them from DHS in 2012. Last year, the agency noted that, "These five tryptamines have no known medical use in the United States and are not marketed internationally as approved drug products. They have all been reported as drugs of abuse in the US by law enforcement authorities and identified in seizures."

It's not a done deal yet, though. Anyone can visit the Federal Register to comment on the proposal until February 14. Some psychedelic sciences companies have already registered their objections.

New Hampshire Psilocybin Mushroom Decriminalization Bill Filed. A bipartisan group of legislators have filed House Bill 1349-FN, which would decriminalize the possession of psilocybin mushrooms. The bill would decriminalize the possession of up to 12 grams of 'shrooms, enough for several psychedelic experiences.

Federal Judge Throws Out Purdue Pharma Oxycontin Settlement, 90-Year-Old Pot Prisoner Freed, More... (12/17/21)

The Ohio Senate approves a medical marijuana expansion bill, Baltimore will end pre-employment drug and alcohol screening for potential city government hires, and more.

Horacio Estrada-Elias with family, 2014
Marijuana Policy

90-Year-Old Federal Prisoner Serving Life for Marijuana Offense Wins Compassionate Release. A seriously ill federal prison doing life in prison for a nonviolent marijuana trafficking offense has been freed after a judge granted him compassionate relief on Tuesday -- overruling his own previous order denying the release. Horacio Estrada-Ellis, 90, had served more than a dozen years in prison and suffers from congestive heart failure, atrial fibrillation and chronic kidney disease, and also contracted the coronavirus while in prison. His warden had recommended compassionate release but federal District Court Judge Danny Reeves denied the motion in July, saying a life sentence is "the only sentence that would be appropriate." But a three-judge panel of the 6th US Circuit Court that Reeves had "abused (his) discretion" by ignoring the fact that Estrada-Ellis was unlikely to reoffend and by "overly emphasizing" his nonviolent crimes, and Reeves then issued a new opinion approving his compassionate release. Estrada-Ellis left prison on Friday.

Medical Marijuana

Ohio Senate Approves Medical Marijuana Expansion. The state Senate on Wednesday approved a bill that would allow more dispensaries to sell medical marijuana, growers to grow more of it, and more patients to qualify for it by expanding the list of qualifying conditions to include any conditions for which a patients might "reasonably be expected" to find benefit or relief. The bill would also shift regulation of dispensaries from the pharmacy board to a new Division of Marijuana Control in the Commerce Department. The bill now heads to the House.

Opioids

Federal Judge Throws Out Purdue Pharma Opioid Settlement, Leaving Sackler Family Vulnerable to Civil Lawsuits. US District Court Judge Coleen McMahon on Thursday blew up a carefully negotiated settlement between Purdue Pharma and thousands of state, local, and tribal governments that had sued the company, which manufactured OxyContin, for its role in the rapid rise of opioid addiction beginning in the late 1990s. The agreement had shielded the Sackler family, which owned Purdue Pharma, from more civil lawsuits in return for a $4.5 billion payment. But McMahon ruled that the bankruptcy code does not allow such an agreement. Purdue has already said it will appeal, but lawyers for some government entities that had appealed the originally settlement were quite pleased: "This is a seismic victory for justice and accountability that will re-open the deeply flawed Purdue bankruptcy and force the Sackler family to confront the pain and devastation they have caused," said William Tong, the attorney general of Connecticut. The explosion of opioid use that began with OxyContin eventually resulted in a backlash, leading to restrictions on the availability of prescription opioid that left chronic pain patients in the lurch and prompted many opioid users to move to the black market, fueling a large increase in opioid overdose deaths in recent years.

Drug Testing

Baltimore to No Longer Require Pre-Employment Drug, Alcohol Screening for City Jobs. Mayor Brandon Scott announced Wednesday that the city government will no longer require pre-employment drug and alcohol screening for new hires. The new policy has exceptions for safety-sensitive positions, such as law enforcement, and positions that require driving or operating heavy equipment.

"We want the best and brightest candidates to help us provide efficient and effective City services to our residents," the mayor said. "Frankly, the outdated and costly pre-employment drug and alcohol screenings only served to block qualified and passionate residents from obtaining employment with the City. This policy disproportionately harmed the prospects of talented Black and Brown job candidates. I am grateful that we are making this change now so that we can continue to improve local government operations and better serve the people of Baltimore."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School