Court Rulings

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

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

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

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

Asset Forfeiture

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

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

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

Drug Policy

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

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

International

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

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

Medical Marijuana Update

The medical marijuana front remains fairly quiet this week, but there's unhappy news for New Mexico patients, and more.

New Mexico

New Mexico Judge Rules Medical Marijuana Patients Can't Buy as Much Marijuana as Recreational Users. Second Judicial District Court Judge Benjamin Chavez ruled last Thursday that medical marijuana patients cannot purchase the same amount as non-patients when recreational-use sales begin. In so ruling, he rejected a claim from a medical marijuana patient that he should be able to buy as much marijuana as a non-patient consumer. "Petitioner has failed to establish that he, as well as qualified patients, qualified caregivers, and reciprocal patients, have a clear legal right to purchase an additional two-ounces of medical cannabis, tax free, at this time, under the Cannabis Regulation Act," Chavez wrote. Under the state's medical marijuana program, patients are allowed to purchase just over seven ounces in a 90-day period. The state Medical Cannabis Program has proposed upping that limit to 15 ounces.

Ohio

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.

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."

NYC Opens Nation's First Official Supervised Injection Sites, Toronto Moves Toward Drug Decrim, More... (11/30/21)

A pair of supervised injection sites are now operating in New York City, NORML issues a report on marijuana legislative victories in the states, and more.

Blotter acid. The Bombay High Court has ruled that the blotter paper must be weighed along with the LSD for sharing purposes.
Marijuana Policy

NORML Issues Report Highlighting 2021 State Legislative Victories. "State legislators in 2021 enacted over 50 laws liberalizing marijuana policies in more than 25 states, according to a report issued Monday by the National Organization of the Reform of Marijuana Laws (NORML)," the group said in a blog post. "Specifically, legislatures in five states -- Connecticut, New Jersey, New Mexico, New York, and Virginia -- enacted laws legalizing adult-use marijuana possession and regulating retail cannabis markets. These legislative victories mark a significant change from past years, when similar laws were primarily enacted via citizens' initiatives, not by legislative action. In total, 18 states -- comprising nearly one-half of the US population -- now have laws on the books regulating adult use marijuana production and retail sales. Many states also took actions facilitating the expungement or sealing of past marijuana convictions. Over the past several months, state officials have vacated an estimated 2.2 million marijuana convictions. Numerous states in 2021 also enacted legislation expanding medical cannabis access and stimulating greater diversity among licensed marijuana businesses."

Harm Reduction

New York City Opens Supervised Injection Sites. Supervised injection sites are now operating in East Harlem and Washington Heights -- a first for the city and the country. The two sites are already operating as needle exchanges. Mayor Bill de Blasio began calling for the harm reduction intervention in 2018, and on Tuesday, he and the city Health Department announced that "the first publicly recognized Overdose Prevention Center services in the nation have commenced."

"New York City has led the nation's battle against COVID-19, and the fight to keep our community safe doesn't stop there. After exhaustive study, we know the right path forward to protect the most vulnerable people in our city. And we will not hesitate to take it," de Blasio said in a statement announcing the move. "Overdose Prevention Centers are a safe and effective way to address the opioid crisis. I'm proud to show cities in this country that after decades of failure, a smarter approach is possible."

The sites are not operated by the city but by two nonprofits, New York Harm Reduction Educators and the Washington Heights Corner Project. City officials said they have had "productive conversations" with state and federal officials and believe the federal government will not interfere becauwe of "a shared sense of urgency" around record overdose deaths.

International

Toronto Moves Toward Drug Decriminalization. Canada's largest city is preparing to take the first step toward municipal drug decriminalization after the city's top health officer, Dr. Eilenn de Villa, recommended Monday that the board of health approve a request to the federal government to exempt city residents from criminal charges for small-time drug possession. "The status quo approach to the drug poisoning crisis is not working," the report said. "There is an urgent need for a comprehensive public health approach to drug policy that removes structural barriers to health care and social services, provides alternatives to the toxic drug supply, and enhances and expands services to improve the health and well-being of Toronto's communities."

De Villa is recommending that the board of health direct her to apply for the exemption by year's end. If the board does so, she will not need city council approval to move forward. It will then be up to Health Canada to approve or deny the exemption. The city of Vancouver sought a similar exemption in March, but Health Canada has yet to rule on that request. The plan has the support of the police and Mayor John Tory.

Bombay High Court Rules Blotter Paper Should Be Included When Weighing LSD for Charging Purposes. The High Court in India's largest city has ruled that the weight of blotter paper is an integral part of contraband seizures and the paper should be included when weighing LSD for charging purposes. "I have held that having regard to the findings in Hira Singh's judgment passed by the Supreme Court and the objective of the NDPS Act, blotter paper forms an integral part of LSD and the blotter paper will have to be considered for taking weight of the LSD. The impugned order is quashed and set aside," Justice Dere pronounced.

A lower court had ruled that the blotter paper should not be included when weighing the drug. Indian drug law says that possession of more than a tenth of a gram of LSD indicates a commercial quantity, but the weight of a single blotter weighed by authorities came in at more than six tenths of a gram, signifying that the courts would consider a single hit of blotter LSD to be evidence of intent to deal drugs.

In the US, the US Sentencing Commission has weighed in on the issue and come to the opposite conclusion: "In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 mg of LSD for the purposes of the Drug Quantity Table."

OK Supreme Court Throws Out $465 Million J&J Opioid Settlement, Detroit Dope Squad Probe Ends More... (11/10/21)

Civil rights groups ask for expanded clemency options for federal prisones sent home during the pandemic emergency, an Ohio bill would greatly expand the state's medical marijuana program, and more.

Medical Marijuana

OH Bill Would Allow Medical Marijuana for Any Patient Who Can "Reasonably Be Expected to Benefit" from It. State Sen. Stephen Huffman (R) has filed a bill that would expand qualifying conditions for medical marijuana use to include arthritis, migraines, autism spectrum disorder, spasticity or chronic muscle spasms, hospice care, opioid use disorder, and the open-ended any condition from which a patient could benefit or obtain relief. The measure is Senate Bill 261, and it would also allow curbside pickup and drive-through dispensing, as has been allowed during the coronavirus epidemic. But wait, there's more: The bill would also expand the number of dispensaries to one for every thousand registered patients, up to the first 300,000 patients. After that, additional dispensaries would be added on an as-needed basis. The bill would also triple the maximum size of medical marijuana cultivation sites from 25,000 square feet to 75,000 square feet for large growers and allow small-scale growers to grow up to 20,000 square feet, up from the current 3,000. Huffman said he expects his bill to be sent to the Senate Small Business and Economic Opportunity Committee, with a hearing next week.

Opioids

Oklahoma Supreme Court Throws Out $465 Million Opioid Ruling Against Johnson & Johnson. In a setback for those seeking to hold pharmaceutical manufactures accountable for their role in the opioid crisis, the state Supreme Court on Tuesday overturned a 2019 lower court ruling that found Johnson & Johnson liable and ordered it to pay $465 million. That is the second time this month that a court has reversed decisions requiring drug companies to pay for their role in the opioid crisis. A California judge ruled similarly on November 1. In Tuesday's case, the high court rejected the state's contention that the company violated "public nuisance laws," and the two decisions together invalidate a key legal strategy used by plaintiffs in thousands of cases attempting to hold the drug companies responsible. But "public nuisance" laws vary from state to state, so it is not clear how much impact these decisions will have in other states. The state had argued that J & J created a "public nuisance" by aggressively overstating the benefits and downplaying the dangers of their prescription opioids.

Law Enforcement

Detroit Police Conclude Two-Year Probe into Crooked Dope Squad. Detroit Police Chief James White said Tuesday that a two-year internal affairs probe into corruption in the departments drug unit known as the Operation Clean Sweep Taskforce has ended and "we're confident we rooted out the problem." The probe found numerous examples of misconduct, including overtime fraud, forgery, false affidavits, and perjury, leading 12 members of the Narcotics Squad to leave the department under investigation. The Wayne County Prosecutor's Office is still evaluating whether to bring criminal charges against any squad members.

Sentencing

Civil Rights Groups Ask White House to Expand Pandemic Clemency. Some 29 civil rights and civil liberties groups have coalesced to ask the White House to broaden a plan to grant clemency to inmates released to home confinement during the coronavirus pandemic. They say the current policy wrongfully excludes people convicted of non-drug-related crimes and people serving long sentences. Some 4,800 federal prisoners were released early because of the pandemic but face a return to prison once the emergency ends if no clemency is granted. The attorney general is on board: "It would be a terrible policy to return these people to prison," Merrick Garland told lawmakers last month, but his Justice Department says it lacks the legal authority to let the prisoners stay at home. The Biden administration is only allowing released inmates to seek clemency if they are low-level non-violent drug offenders with less than four years to serve.

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

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

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

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

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

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

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

Drug Testing

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

International

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

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

Opioid Makers Win One in California Court, NH Marijuana Legalization Bill Filed, More... (11/2/21)

The DC council retreats from language that would have threatened a crackdown on the city's marijuana "gift economy," a California court rules in favor of opioid manufacturers in a rare victory for the industry, and more.

Marijuana Policy

JAMA Study Finds Legalizing or Decriminalizing Marijuana Reduces Race-Based Arrests. A study published in the Journal of the American Medical Association (JAMA) finds that states that legalize or decriminalize marijuana see "large reductions in race-based arrests among adults" while those states that do not continue to see "increases in arrest rate disparities." Legalization was associated with 561 fewer arrests per 100,000 Black people and 185 fewer arrests per 100,000 White people, while decriminalization was associated with 449 fewer arrests per 100,000 Black people and 117 for White people. On the other hand, "cannabis arrests for adults and youth increased over time in states that did not implement a cannabis policy change," the study concluded. "Overall, results revealed that states that implemented a cannabis policy change saw large decreases in arrests compared with states that had no policy reform," the researchers concluded.

New Hampshire Marijuana Legalization Bill Filed. State Rep. Tim Egan (D-Grafton) has filed a bill that would legalize the possession of up to an ounce of pot and allow for home grows of up to three mature plants. The bill also envisions a system of taxed and licensed marijuana production and sales. While the House passed a similar bill last year, legalization efforts in the state face an obstacle in Gov. Chris Sununu (R), who has historically opposed legalization.

DC Council Removes Marijuana Bill Language That Threatened Crackdown on Unregulated Market. A provision of a DC marijuana bill that could have led to a crackdown on the city's unregulated marijuana "gift economy," which skirts the ban on legal retail sales, was removed Monday as the council prepares to vote on the measure on Tuesday. The move came after strong criticism from activists, who argued that targeting those currently providing marijuana would perpetuate systemic racial inequalities that marijuana legalization is supposed to reduce. There are currently estimated to be dozens of grey market pot shops and more than a hundred delivery services operating in the city.

Opioids

California Judge Rules for Drug Makers in Lawsuit Over Opioid Crisis. A California state judge has handed a rare victory to opioid manufacturers by rejecting the legal argument successfully employed against the industry in thousands of cases charging that it substantially contributed to an opioid epidemic that has taken more than half a million lives since the late 1990s, when the appearance of OxyContin marked the beginning of the current wave. "There is simply no evidence to show that the rise in prescriptions was not the result of the medically appropriate provision of pain medications to patients in need," wrote Judge Peter Wilson of Orange County State Superior Court. The counties of Santa Clara, Los Angeles, and Orange and the city of Oakland had sued four opioid manufacturers—Johnson & Johnson, Teva, Allergan, and Endo Pharmaceuticals—charging that their manufacturing and distribution of opioids constituted a "public nuisance, but Judge Wilson held that even if the companies were found to have created false or misleading marketing, "any adverse downstream consequences flowing from medically appropriate prescriptions cannot constitute an actionable public nuisance."

CA Psilocybin Legalization Init Cleared for Signature Gathering, DE Supreme Court on Pot Odor, More... (9/17/21)

Supporters of a proposed Philadelphia safe injection site have asked the Supreme Court to overturn an appeals court decision blocking it, the Delaware Supreme Cout rules the mere odor of marijuana is not sufficient cause for a warrantless arrest, and more.

A psilocybin legalization initiative could be on the ballot in California next year .(Creative Commons)
Marijuana Policy

Delaware Supreme Court Rules Marijuana Odor Not Sufficient Grounds for Warrantless Arrest. The state Supreme Court ruled 4-1 that the mere odor of marijuana does not give police "reasonable grounds to believe" that either a felony has been committed or that a person has committed a misdemeanor in the presence of an officer -- the only two grounds for which warrantless arrest is allowed. Possession of up to an ounce of marijuana is decriminalized, and the court held that the mere odor of marijuana cannot lead police to presume that a felony amount of marijuana would be present.

Psychedelics

California Psilocybin Initiative Cleared for Signature Gathering. A proposed initiative that would legalize the possession, cultivation, and sale of psilocybin mushrooms has been cleared for signature gathering by the state attorney general's office. The office has issued an official title and summary for the California Psilocybin Initiative, which is being sponsored by Decriminalize California. It would allow the "personal, medical, therapeutic, religious, spiritual, and dietary use of Psilocybin Mushrooms" for people 21 and over, as well as allowing legal psilocybin sales and cultivation. The campaign will now have 180 days to come up with 623,212 valid voter signatures to qualify for the November 2022 ballot.

Harm Reduction

Philadelphia Safe Injection Site Supporters Ask Supreme Court to Review Appeals Court Ban.Supporters of a proposed safe injection site in Philadelphia that was blocked by a Trump-era appeals court ruling asked the Supreme Court on Friday to overturn that ruling. The appeals court held that allowing a safe injection site would violate a 1980s "crack house" law by allowing the use of drugs on site. The case will be closely watched because public officials and harm reductionists in a number of cities and states want to move forward with the harm reduction measure. The move is risky, though, given the current makeup of the court.

ICC Will Investigate Philippine Drug War Killings, KY Supreme Court Narrows Good Samaritan Law, More... (9/15/21)

Detroiters will vote on psychedelic decriminalization in November, the International Criminal Court takes a key step in the investigation of Philippine drug war killings, and more.

Filipino President Duterte is now in the International Criminal Court's hotseat. (Creative Commons)
Harm Reduction

Kentucky Supreme Court Narrows Good Samaritan Protections. In a decision late last month, the state Supreme Court ruled that a 2015 Good Samaritan law designed to protect overdose victims and the bystanders who seek assistance for them does not apply when the bystanders who call do not know for certain that a drug overdose has occurred. In the decision in Kentucky v. Milner, the court took up the separate cases of two people for whom assistance was called after they were found passed out in a car.

Both had indeed suffered drug overdoses and were revived, but they were then charged with various crimes, including possession of drugs and drug paraphernalia. Prosecutors argued that the Good Samaritan law did not apply because the bystanders did not see the people use drugs, did not know overdoses were occurring, and had no reason to believe the victims were at risk of arrest if authorities arrived.

The defendants' attorney said it would be unrealistic to expect bystanders to search an unconscious body for evidence of drug use before calling for help. "Requiring a Good Samaritan to be certain that an overdose was occurring before the exemption would apply would potentially expose both the person overdosing and the Good Samaritan to danger," attorney Steven Nathan Goens wrote in one of his briefs to the Supreme Court. But the court sided with prosecutors, effectively narrowing the scope of the law.

Psychedelics

Detroit Will Vote on Psychedelic Decriminalization in November. A proposed municipal initiative to decriminalize psychedelics has qualified for the November ballot in Detroit. The question voters will have to answer is: "Shall the voters of the City of Detroit adopt an ordinance to the 2019 Detroit City Code that would decriminalize to the fullest extent permitted under Michigan law the personal possession and therapeutic use of Entheogenic Plants by adults and make the personal possession and therapeutic use of Entheogenic Plants by adults the city's lowest law-enforcement priority?" Detroit is Michigan's largest city, but psychedelic reform has already taken place in the university town of Ann Arbor, which approved a lowest priority ordinance last year.

International

International Criminal Court Opens Official Investigation into Philippine Drug War Killings. The International Criminal Court (ICC), which finished a preliminary investigation into human rights abuses in President Rodrigo Duterte's bloody war on drugs earlier this year, announced Wednesday that it has decided to open an official investigation not only into Duterte's drug war abuses but also into killings by death squads in Davao City when he was mayor and vice mayor. "For these reasons, the chamber hereby authorizes the commencement of the investigation into the Situation in the Philippines, in relation to crimes within the jurisdiction of the Court allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign," said the pre-trial chamber 1 of the ICC.

By deciding to move forward with an official investigation, the ICC is setting the stage for summons and arrests warrants if requested by Prosecutor Karim Khan. Recently retired Prosecutor Fatou Bensouda, who led the preliminary investigation, had asked for authorization to open an official investigation, saying there was copious evidence of human rights abuses, and the chamber agreed. "On the basis of the above, the Chamber concludes that there is a reasonable basis for the Prosecutor to proceed with an investigation, in the sense that the crime against humanity of murder appears to have been committed, and that potential case(s) arising from such investigation appear to fall within the Court's jurisdiction," said the judges.

Human Rights Watch welcomed Wednesday's announcement: "The International Criminal Court's decision to open an investigation into brutal crimes in the Philippines offers a much-needed check on President Rodrigo Duterte and his deadly 'war on drugs,'" said Carlos Conde, the rights group's senior Philippines researcher. "Victims' families and survivors have reason to hope that those responsible for crimes against humanity could finally face justice." The Philippines government has acknowledged some 6,000 police or military drug war killings, but human rights groups say the true number could be north of 30,000.

Read more civil society reactions and other information on the web site of the Coalition for the International Criminal Court (CICC).

New Orleans Decriminalizes Weed, PA Appeals Court Rules Workers Can Sue Over MedMJ Discrimination, More... (8/6/21)

Life in the Big Easy just got a little easier, Ohio marijuana legalization activists will have to try again with that ballot summary language, and more.

The Mississippi River at New Orleans, where marijuana has just been decriminalized. (Creative Commons)
Marijuana Policy

Ohio Attorney General Rejects Ballot Language for Marijuana Legalization Initiative. A campaign to legalize marijuana in the state will have to begin again after Attorney General Dave Yost (R) rejected the first batch of signatures handed in, saying the initiative petition improperly summarized how the state's law would change. In a letter to the Coalition to Regulate Marijuana Like Alcohol, Yost said the summary failed to make the standard of a "fair and truthful statement" of what the initiative would do. Among other things, he said the text failed to explain in detail that employers did not have to employ marijuana users and that the six-plant limit does not clearly explain that it applies to both cultivating and possessing the plant. Now, the Coalition will have to redraft and resubmit summary language and then gather initial signatures again. The campaign aims to prod the legislature to pass or reject marijuana legalization, and if the legislature rejects it, the issue could then go before voters after a second round of signature gathering.

New Orleans Decriminalizes Marijuana Possession, Pardons Old Convictions. The New Orleans City Council on Thursday voted to decriminalize the possession of small amounts of marijuana and to pardon some 10,000 past convictions and pending cases. Councilmembers said the move would help the community gain trust with the police and it would allow police to focus on violent crime. Pot smoking in public is still prohibited, but will be ticketed as a smoke-free air act violation instead of a drug charge.

Medical Marijuana

Pennsylvania Appeals Court Rules Workers Can Sue Employers for Discrimination Over Medical Marijuana. A three-judge Superior Court panel ruled Thursday that the state's medical marijuana law allows workers and job applicants to sue employers for discrimination for firing or refusing to hire them because of their medical marijuana use. Although the 2016 Medical Marijuana Act does not explicitly create a private right to sue, the court held that because that law did not grant any state agency the power to enforce anti-discrimination provisions, it implicitly created such a right. The ruling came in the case of Pamela Palmiter, who sought to sue Moses Taylor Hospital in Scranton for refusing to hire her after she failed a drug test for marijuana. The Pennsylvania decision is in line with a federal court decision in the state last December, and state and federal courts in Arizona, Connecticut, Delaware, and Rhode Island have also ruled that those state laws allow workers to sue for discrimination.

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