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OTC Narcan Now Available at Major Pharmacies, VA Marijuana "Sharing" and "Gifting" Shops Pop Up, More... (9/6/23)

A majority of Floridians are ready to legalize weed, the British government moves to criminalize laughing gas, and more.

The British government is making laughing gas an illegal Class C substance. No more whippets for you Brits! (Creative Commons)
Marijuana Policy

Florida Poll Has Three Out of Five for Marijuana Legalization. A new poll from the University of South Florida and Florida Atlantic University has support for marijuana legalization at 60 percent. That includes 71 percent of Democrats, 59 percent of independents, and 50 percent of Republicans.

The poll comes as Floridians await a decision from the state Supreme Court on whether it will allow a marijuana legalization initiative from Smart & Safe Florida to appear on the ballot next year. The group has already met signature-gathering requirements.

The poll had even stronger support for medical marijuana, with 83 percent overall supporting it, including 87 percent of Democrats, 84 percent of independents, and 78 percent of Republicans.

Sixty percent support is precisely the amount needed for the initiative—a constitutional amendment—to pass at the polls. Given that initiative campaigners commonly seek a 10 percent cushion to be comfortable about their measure's prospects, Smart & Safe Florida is not yet in that comfort zone and needs another 10 percent increase in support to get there.

Virginia Shops Are "Sharing" and "Gifting" Marijuana Amid State's Lack of Legal Sales Mechanism. State Attorney General Jason Miyares has opined that shops "gifting" or "sharing" marijuana with customers are illegal, but they are proliferating anyway as the state grapples with marijuana legalization without a means of legal sales. Some of the stores "gift" marijuana to customers when they buy some other item from the shop, while others act like co-ops or clubs where members "share" marijuana with new members who either buy something or pay for membership.

Teresa Green and a partner own Good Vibes, which has nine shops in the region. She concedes that "gifting" marijuana is illegal but said her stores don't do that. Instead, she calls them "adult share stores," but when asked exactly how that work, she responded: "That’s as clear as I can get with it." She also said she was aware of the attorney general's opinion, but "anyone can have an opinion."

Police and prosecutors in the area are doing little about it and feeling frustrated. "There are so many gray areas that it’s just become impossible to enforce," said Greg Habeeb, a former Republican state delegate from Salem, president of Roanoke-based Gentry Locke Consulting, and representative of the Virginia Cannabis Association Habeeb. "So, a lot of law enforcement just aren’t enforcing it. They feel like their hands are tied."

"I don’t keep up with the popup marijuana stores and so I really don’t have an opinion, except to say that … it’s the Wild West out there," said longtime Roanoke Commonwealth’s Attorney Donald Caldwell. "To simply legalize marijuana and not have any restraints on it. And so, I think God knows what’s going on there. I certainly don’t."

Harm Reduction

Over-the-Counter Narcan Goes on Sale This Month at Major Retailers. The opioid overdose reversal drug naloxone is about to become much more widely available. Emergent BioSolutions, the manufacturer of Narcan, the naloxone nasal spray formulation, announced last week that it had shipped hundreds of thousands of the two-spray kits to major retailers.

The life-saving sprays will be available at CVS, RiteAid, Walgreens, and Walmart, but they won't be especially cheap. The suggested retail price is $44.99.

The Food and Drug Administration approved Narcan for over-the-counter use in March as the nation confronts an overdose crisis that killed an estimated 110,000 last year, with synthetic opioids such as fentanyl implicated in two-thirds of those deaths.

Prescription Narcan is already in wide use—carried by police officers and paramedics; stocked in libraries, schools, and vending machines; and distributed on the streets by harm reduction groups.

International

Britain to Make Laughing Gas an Illegal Class C Controlled Substance. The Conservative government has moved against nitrous oxide, popularly known as laughing gas, by announcing that it will become an illegal Class C substance by year's end. Under British drug laws, possession of a Class C substance is punishable by up to two years in jail, while distribution could garner up to 14 years behind bars.

Currently, supplying laughing gas for recreational use is banned, but possession is not.

The government move is counter to the advice of the Advisory Council on the Misuse of Drugs, which said that the ban would be disproportionate to the amount of harm linked to the drug.

"The British people are fed up with yobs abusing drugs in public spaces and leaving behind a disgraceful mess for others to clean up," said Home Secretary Suella Braverman. "Earlier this year the prime minister and I promised a zero-tolerance approach to antisocial behavior and that is what we are delivering. If you are caught using ‘laughing gas’ as a drug, you could be hit with a hefty fine or face jail time," she added.

HHS Recommends Rescheduling Weed, Coalition Seeks to Undo OR Drug Decriminalization, More... (9/30/23)

A new poll has an Ohio marijunaa legalization initiative garnering strong support, Colombia tries again on marijuana legalization, and more.

Colombian President Gustavo Petro backs marijuana legalization. (Creative Commons)
Marijuana Policy

HHS Recommends Moving Marijuana to Lower Scheduling Category. The Department of Health and Human Services (HHS) has recommended loosening restrictions on marijuana after undertaking a review request from the Biden administration. HHS is recommending that marijuana be placed on Schedule III, the same schedule as ketamine or testosterone.

"As part of this process, HHS conducted a scientific and medical evaluation for consideration by DEA. DEA has the final authority to schedule or reschedule a drug under the Controlled Substances Act. DEA will now initiate its review," a DEA spokesperson said.

Marijuana is currently a Schedule I controlled substance, in the same category as heroin and LSD. Schedule I is reserved for substances with no medical use and a high risk of abuse. Moving marijuana from Schedule I to a lesser schedule could be the first step toward federal marijuana legalization.

Ohio Poll Has Solid Majority for Marijuana Legalization Initiative. Buckeye State voters head to the polls in a little more than two months to vote on a marijuana legalization initiative from the Campaign to Regulate Marijuana Like Alcohol, and a new poll has the initiative well-positioned to win.

A survey from Fallon Research and Communications has support for the initiative at 59 percent. The heuristic for initiative campaigners is that they want a 10 percent cushion going into election day to account for last minute undecideds breaking the wrong way, so this poll has the campaign very close to the promised land.

Sixty-eight percent of Democrats support the initiative, as do 62 percent of independents and 48 percent of Republicans. While Democratic and independent support has been stable, support among Republicans has jumped eight points over a similar poll last year.

The initiative's odds are also helped by the presence on the ballot of a measure seeking to enshrine abortion rights in the state—another issue that should increase liberal and progressive turnout.

Drug Policy

Oregon Coalition Seeks to Undo Drug Decriminalization. A coalition of political, business, and civic leaders wants to undo Measure 110, the 2022 voter-approved initiative that decriminalized the possession of personal use amounts of drugs and mandated the use of marijuana tax revenues to provide drug treatment and other services to users. The coalition is calling for drug possession to be made a misdemeanor and for drug treatment whether the user wants it or not.

"We are seeking to fix and improve Measure 110," said Max Williams, former state lawmaker and former executive director of the Oregon Department of Corrections. "Our goal isn’t to repeal the law. It’s to improve it," he claimed.

Also part of the effort are Washington County District Attorney Kevin Barton, political consultant Dan Lavey, who heads a group pushing Portland leaders for action on drugs, homelessness, and related issues, and Paige Richardson, a political strategist who has run multiple ballot campaigns. Meanwhile, failed independent gubernatorial candidate Betsy Johnson is trying to raise money to pursue a ballot measure undoing Measure 110 next fall.

The folks who supported Measure 110 are not impressed. "It’s disappointing that anyone would propose the failed policies of our past and lack of any real solutions," said Tera Hurst, who leads the Oregon Health Justice Recovery Alliance. "It would be harmful, it would be deadly and extremely expensive and it would set our state back years."

International

Colombia Tries Again on Marijuana Legalization. After a two-year effort to legalize marijuana failed on a final vote in the Senate at the end of the last legislative session, proponents are back to try again this session. A marijuana legalization bill has cleared the first of eight debates that must occur over another two-year period..

"Today…we start again a path full of challenges to start writing a new story in the fight against drugs. We need to move forward in a change in drug policy," said  Rep. Juan Carlos Losada.

President Gustavo Petro is a global drug reform advocated and has touted the benefits of marijuana legalization, saying it would help the national economy.

"We’ll see if [cannabis can be] exported and we’ll earn a few dollars because half of humanity [has legalized it]," President Petro said.

San Francisco Jail Being Filled with Drug Law Violators, Partisan Gap in Support for Legal Weed, More... (8/9/23)

The man who was once Colombia's most powerful cocaine traffickers gets decades in US prison, New Hampshire will study the state liquor store model for potential legal marijuana sales, and more.

Open-air drug scene in San Francisco's Tenderloin. There is a crackdown going on. (AdamChandler86)
Marijuana Policy

Gallup Poll Now Has Republican Majority for Marijuana Legalization but Partisan Gap Remains. New polling data from Gallup on partisanship among the American electorate shows that a majority of Republicans -- 55 percent -- now support marijuana legalization, but Democrats supported it at a much higher level -- 83 percent. Support among independents was not measured.

While Democrats have historically been more likely to be legalization supporters, the partisan gap has widened over the past decade because support among Democrats has risen much faster than among Republicans. Overall, though, support for legalization among all Americans remain near or at an all-time high -- with majorities of self-identified Democrats, Republicans, and Independents all backing legalization.

New Hampshire Governor Signs Bill for Commission to Study State Marijuana Sales. Gov. Chris Sununu (R) has signed into law House Bill 611, which will create a commission to study on how the state could handle legal marijuana sales in a way similar to the state liquor store model already in place in the Granite State.

"New Hampshire has an opportunity to safely regulate the sale of marijuana with a model few others can provide," Sununu said. "By establishing a commission to study state-controlled sales, this bill will bring stakeholders from across New Hampshire together to ensure that preventing negative impacts upon kids remains our number one priority."

The state-control model of cannabis legalization the governor favors was met with widespread skepticism from both Democrats and Republicans in the state legislature earlier this year, but the legislature has failed to pass any form of legalization so far.

Drug Policy

Former Leader of Colombia's Gulf Clan Cartel Sentenced to 45 Years in US Prison. On Wednesday, Dairo Antonio Úsuga David, known by various aliases, including "Otoniel," a citizen of Colombia, was sentenced by United States District Judge Dora L. Irizarry to 45 years’ imprisonment for engaging in a continuing criminal enterprise as a leader of the multibillion-dollar paramilitary and drug trafficking organization known as the "Clan del Golfo" (CDG -- the Gulf Clan).

Úsuga David was also sentenced to 45 years' imprisonment for engaging in a maritime narcotics conspiracy and 45 years' imprisonment for engaging in a narcotics importation conspiracy. The sentences will run concurrently. As part of the sentence, the Court ordered Úsuga David to pay $216 million in forfeiture. The defendant pleaded guilty to all three charges in January 2023.

Úsuga David controlled an armed force of about 1,800 men, mainly recruited from former rightist paramilitary groups and operated Colombia's biggest drug trafficking organization until his arrest in 2021 by the government of Conservative then-President Ivan Duque. He was then extradited to the US to face charges, although there are also suggestions that he was extradited to avoid having him answer questions that could link rightist paramilitaries to Conservative Party politicians.

"Otoniel led one of the largest cocaine trafficking organizations in the world, where he directed the exportation of massive amounts of cocaine to the United States and ordered the ruthless execution of Colombian law enforcement, military officials, and civilians," said Attorney General Merrick Garland. "This sentence sends a clear message: the Justice Department will find and hold accountable the leaders of deadly drug trafficking organizations that harm the American people, no matter where they are and no matter how long it takes."

San Francisco Jail Population Jumps as Drug Arrests Mount. For the first time in years, the jail population in the city has hit the 1,000 mark, driven largely by a renewed emphasis on drug arrests. The average daily jail population was 1,277 in 2019 and dropped to 850 in 2020 amidst the early stages of the coronavirus pandemic.

Even though crime reports in the city are down slightly over last year, drug arrests are up a dramatic 36 percent, especially since the city launched an initiative on May 30 to arrest people for public drug use. That push tipped the jail population past the 1,000 mark; it hit 1,001 on Tuesday.

David Mauroff, executive director of a nonprofit called the San Francisco Pretrial Diversion Project, which provides resources to people who are awaiting criminal trial, said the increase in arrests has squeezed his organization's ability to properly serve clients.

"The city has now decided that arrest, prosecution and incarceration is the answer to our public safety issues," Mauroff said. "It's been demonstrated by volumes of research and science that the war on drugs failed."

Drug arrests are not the only thing fueling the jail population jump. The Public Defender's Office has been holding sit-in all summer to protest court backlogs that have denied more than 1,100 people the right to a speedy trial. The office said 115 people have been held in jail for months or even years past their speedy trial deadlines.

New Qualifying Conditions for MN MedMJ, PA Pot Poll Shows Declining Support, More... (7/10/23)

Virginia's GOP governor indicates he is not interested in legal marijuana sales, a New York city has to pay for firing a medical marijuana patient, and more.

Marijuana Policy

Pennsylvania Poll Has Declining but Still Majority Support for Marijuana Legalization. A new poll from the Muhlenberg College Public Health Program has support for marijuana legalization at 50 percent, but that number also marks the a decline in support for legalization. Support peaked at 58 percent in 2021 and dropped to 56 percent in 2022. But the survey also has a relatively high margin of error, +/- 6 percentage points, meaning the drop could be a polling artifact instead of revealing a true decline.

The poll comes on the heels of the announcement last week that a bipartisan pair of state senators have introduced a marijuana legalization bill, Senate Bill 846.

Virginia's GOP Governor Says No to Legal Marijuana Sales. In 2021, Democratic lawmakers approved marijuana legalization but failed to reach an agreement on a legal marketplace, deferring resolution of the issue to the next legislative session. But that session flipped control of the legislature and the governorship to Republicans, who are much less interested in legalizing sales.

Now, the administration of Gov. Glenn Youngkin (R) has given its clearest indication yet that he is not interested in getting a retail market up and running. "Governor Youngkin has stated that he is not interested in any further moves towards legalization of adult recreational use marijuana," Joseph Guthrie, Youngkin's commissioner of the Department of Agriculture and Consumer Safety, said during a recent state meeting on marijuana.

Medical Marijuana

Minnesota Adds 19 New Qualifying Conditions, Waives Fees for Patients. Irritable bowel syndrome and obsessive-compulsive disorder are among the 19 different medical conditions just added to the state's very lengthy list of qualifying conditions for medical marijuana. That went into effect July 1.

Also in effect as of July 1 is the waiving of registration fees for patients. Until now, it cost $200 a year. And patients can now be certified by a health practitioner, expanding the number of medical personnel who can make recommendations.

"They will enter that into our patient registry and then you are sent a link to go ahead and register for the medical cannabis program," said Office of Medical Cannabis Director Chris Tholkes. "As of July 1st, there is no longer an annual fee of 200 dollars. It's now zero to participate in our program."

New York Town Must Pay $200,000 After Firing Medical Marijuana Patient. The city of Amsterdam must pay almost $200,000 to a city worker fired after failing a drug screening for marijuana. A jury found that the city discriminated against Thomas Apholz, a wastewater treatment plant worker who was first suspended and then fired after the drug test.

The state legalized medical marijuana in 2014. State law grants registered medical marijuana patients disability status, which gives protection from employment discrimination for using medical marijuana.

After he was fired, he filed suit in state Supreme Court in Montgomery County, alleging unlawful employment discrimination and failure to accommodate his disability as required by the New York Humans Rights Law. And now he has won.

DeSantis Calls for Executing Drug Smugglers, Psychedelic Poll, More... (6/27/23)

The UN drug agency's annual report says cocaine is surging and meth is expanding worldwide, Peru's drug agency reports record levels of coca leaf production, and more.

Cocaine use is surging worldwide, says UNODC. (Creative Commons)
Psychedelics

Poll Finds Majority Support for Legalizing Psychedelic Therapy, Near-Majority for Psychedelic Decriminalization. A poll from the University of California-Berkeley's Center for the Science of Psychedelics released at the Denver Psychedelic Science conference finds that 61 percent of registered voters support "creating a regulated legal framework for the therapeutic use of psychedelics" and 49 percent said they supported decriminalizing the use and possession of psychedelic plants and fungi.

The poll also found that 78 percent of respondents backed making psychedelic research easier and 56 percent said they could support a medical model where psychedelics would have to be approved by the Food & Drug Administration and prescribed by a physician.

"This is the first clear picture we have of what the American public think and feel about psychedelics," BCSP Executive Director Imran Khan said in a press release. "The Berkeley Psychedelics Survey shows that the majority of American voters are interested in, and supportive of, the field. They want fewer barriers to research for scientists, and they want regulated, therapeutic access for the public."

Drug Policy

DeSantis Calls for Executing Drug Smugglers at the Border. Seeking to out-Trump Trump with aggressive border policy positions, Florida governor and GOP presidential nomination contender Ron DeSantis called Monday for a slew of harsh measures, including a plan to use "deadly force" against people trying to come through the border wall with drugs.

He called for "rules of engagement" allowing US personnel to kill people trying to do that. He said "of course" deadly force would be justified against people carrying drugs and showing "hostile intent," but he did not specify exactly what that meant.

"If you go, if you drop a couple of these cartel operatives trying to do that, you're not going to have to worry about that anymore," DeSantis told reporters.

"If someone was breaking into your house, you would repel them with the use of force, right?" DeSantis said. "But yet if they have drugs, these backpacks, and they're going in and they're cutting through an enforced structure, we're just supposed to let 'em in? You know, I say use force to repel them. If you do that one time, they will never do that again."

International

UN Report Says Global Cocaine Market Booming, Meth Trafficking Spreading. The UN Office on Drugs and Crime (UNODC) released its annual World Drug Report 2023 Sunday and reported that cocaine demand and supply are surging worldwide and methamphetamine trafficking is expanding to new markets.

Coca bush cultivation and total cocaine production were at record highs in 2021, the most recent year for which data is available, and the global number of cocaine users, estimated at 22 million that same year, is growing steadily, the U.N. Office on Drugs and Crime said in its annual World Drug Report.

"The world is currently experiencing a prolonged surge in both supply and demand of cocaine, which is now being felt across the globe and is likely to spur the development of new markets beyond the traditional confines," the UNODC report said. "Although the global cocaine market continues to be concentrated in the Americas and in Western and Central Europe (with very high prevalence also in Australia), in relative terms it appears that the fastest growth, albeit building on very low initial levels, is occurring in developing markets found in Africa, Asia and South-Eastern Europe," it said.

While meth trafficking has been centered in two regions -- North America and East and Southeast Asia -- it is increasing in other areas such as the Middle East and West Africa. UNODC also mentioned meth production in Afghanistan, which may be a replacement for heroin production after the Taliban's opium ban.

Peru Coca Farming at Record Levels. The amount of land under coca leaf cultivation was at record levels last year after growing 18 percent over the previous year, the Peruvian anti-drug agency DEVIDA reported Monday. It said most of the increase was in protected lands and indigenous Amazon villages close to the borders with Brazil and Colombia. Altogether, 367 square miles were devoted to coca leaf production.

Cultivation has been increasing since 2015 and while coca leaf is used for traditional purposes in the country, DEVIDA said that 90 percent of the crop is destined to be turned into cocaine and fed into the global illicit drug trade. Peru vies with Colombia for the title of world's largest coca producer, with Bolivia in third place.

(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.)

NH Residents Ready for Legal Weed, NY Safe Injection Site Bill Advances, More... (5/24/23)

San Francisco's mayor is ready to roll out a pilot program to arrest public drug users, yet another federal bill aimed at the fentanyl trade gets filed, and more.

Drug activity in San Francisco's Tenderloin. (AdamChandler86 via Flickr)
Marijuana Policy

New Hampshire Poll Has Strong Support for Marijuana Legalization. After Gov. Chris Sununu (R) last week signaled he was now open to marijuana legalization and as the legislature for the last time this session attempts to pass a marijuana legalization bill, a new Granite State poll shows strong popular support for doing just that. The poll had 72 percent supporting legalization -- 52 percent strongly and 20 percent somewhat -- and only 21 percent opposed -- 13 percent strongly and eight percent somewhat. Seven percent were neutral.

Opiates and Opioids

Federal Fentanyl Bill Would Get US Military Involved. The ongoing fentanyl crisis has generated yet another bill in Congress, this one led by Sens. oni Ernst (R-IA) and Tim Kaine (D-VA) in the Senate and Reps. Stephanie Bice (R-OK) and Salud Carbajal (D-CA) in the House of Representatives. The Disrupt Fentanyl Trafficking Act of 2023 would:

  • Declare fentanyl trafficking a national security threat stemming from drug cartels in Mexico,
  • Direct the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with Mexican defense officials,
  • Require the Secretary of Defense to increase security cooperation with the Mexican military, and
  • Address coordination efforts between the military and federal law enforcement agencies.

Drug Policy

San Francisco to Set Up Pilot Program to Arrest Public Drug Users. On Tuesday, the city's Department of Emergency Management confirmed that a pilot program that would allow police to arrest people using drugs in public and "address situations when someone is so far under the influence of drugs that they may pose a danger to themselves or others" will be part of Mayor London Breed's budget proposal due June 1.

The move came just hours before Breed was forced to cut short a UN Plaza news conference on the topic as she faced protestors and heckling, including one protestor who threw a brick, injuring a teenager.

Breed's approach to the rising clamor over public drug use and disorder is drawing critics not only in the street but on the Board of Supervisors. Supervisor Dean Preston called the pilot program "reactionary, cruel and counterproductive."

Harm Reduction

New York Safe Injection Site Bill Wins Committee Vote. The Senate Health Committee on Tuesday approved a bill to authorize the establishment of state-approved safe injection sites, S. 00399. Companion legislation is also moving in the Assembly. The bill would require the Department of Health to authorize at least one safe injection site with medical personnel on hand that also must provide syringe exchange services, educate clients on safe consumption practices, provide naloxone to reverse opioid overdoses and collect aggregate data on participants and their experiences. Staff and participants would be given immunity from prosecution for the sanctioned activities.

"Harm reduction works. Harm reduction is a modality -- a way to approach dealing with an issue which assumes, first, that a person who uses drugs is a person, and that they have to be met where they are," bill sponsor Sen. Gustavo Rivera (D) said at the hearing. "Fact number two, criminalization has not worked. Over decades of the drug war, it is pretty clear that we have lost said war," he said. "The notion that we could arrest our way out of addiction -- that we could arrest our way out of overdoses and deaths -- has been proven to be a lie based on all of these years of experience. Criminalization does not work."

Two city-sanctioned safe injection sites in New York City have been operating since the end of 2021.

WA Drug Sentencing Fix Fails, SC 4/20 Pot Pardon Bill Filed, More... (4/24/23)

Dispensaries are finally coming to Georgia (though product choice is limited), a trio of 4/20 week polls show continuing strong support for marijuana legalization, and more.

Washington state lawmakers can't agree on how to replace the state's drug felony law. (Pixabay)
Marijuana Policy

Three New Polls Show Continuing Strong Support for Marijuana Legalization. Polls from CBS News, YouGov, and Civic Science released during 4/20 week all show continuing strong support for marijuana legalization. CBS News had 64 percent of respondents wanting marijuana legalized in their states, including 73 percent of Democrats, 66 percent of independents, and even 53 percent of Republicans. YouGov had support for legalization in the respondents' state at 58 percent, while Civic Science had 64 percent supporting legalization.

South Carolina Bill Would Pardon One-Fifth of Marijuana Possession Inmates Each Year. Introduced on informal marijuana holiday 4/20, a bill from Rep. JA Moore (D-Berkeley, Charleston), House Bill 4358, would pardon one fifth of people convicted of simple marijuana possession each year on 4/20. Under state law, simple possession is possessing less than an ounce and typically involves a jail sentence of no more than 30 days, but a second offense can garner up to six months. "We need to make sure that people that are doing petty crimes, like simple possession of marijuana, aren't filling up our justice system; we need to save those spaces for violent criminals or people that are victimizing our community," Moore says. The state has the second-highest marijuana possession arrest rate in the country, and Black people are 3.5 times more likely to be arrested for it.

Medical Marijuana

Georgia Medical Marijuana Dispensaries Finally Coming, Maybe Next Month. Nearly eight years after the state first approved a medical marijuana program, dispensaries are finally set to open their doors within weeks, as early as late May. But the state's 26,000 registered patients will be limited in their purchases to "low THC oil" with less than 5 milligrams of THC. Buds, edibles, and vaping cartridges are banned under the state's limited program. The state issued production licenses to two firms last September, but legislators and regulators have been slow to pass laws to implement the program. Under rules approved in January, the state will eventually license up to six companies to make and sell the oil.

Sentencing

Washington Drug Sentencing Deal Fix Falls Apart. After the state Supreme Court threw out the state's felony drug possession law, legislators had until July to come up with a replacement. They thought they had one in Senate Bill 5536, which would have made simple drug possession a gross misdemeanor, but the bill unexpectedly failed in the House Saturday night as several Democrats joined 40 Republicans in voting no. The dissident Democrats felt that the bill was too harsh, while the Republicans thought it was too soft. Now, with no chance of passing the bill before the regular legislative session ends, pressure is mounting on Gov. Jay Inslee (D) to call a special session to clean up the mess. Without legislative action, the state would no longer have a uniform policy on drug possession, leaving localities to set their own laws.

Former Mexico Top Cop Found Guilty of Drug Trafficking, NM Safe Injection Site Bill Moves, More... (2/21/23)

The Republican-led Virginia House kills another drug reform bill, Iowa House Democrats roll out a marijuana legalization bill, and more.

Genaro Garcia Luna. The former Mexican top cop found guilty in federal court in of taking bribes from the Sinaloa Cartel (CC)
Marijuana Policy

Iowa House Democrats File Marijuana Legalization Bill. House Democrats introduced a marijuana legalization bill Tuesday, part of a broader "People over politics" agenda that also includes lowering taxes, protecting abortion rights, and supporting public over private education. The bill, which is not yet available on the legislative website, would legalize marijuana for adult recreational use and "use new tax revenue to invest in education and local communities." But Republicans control both houses of the legislature and there is as yet no indication they will be willing to advance the bill.

Virginia House Kills Marijuana Business Tax Relief Bill. A bill to provide tax relief for marijuana businesses by allowing them to claim exemptions at the state level they are barred from claiming at the federal level under an Internal Revenue Service (IRS) code known as 280E has died in the Republican-controlled House of Delegates. Senate Bill 1095 had already cleared the Senate, only to be killed on a 4-2 party line vote in a House Finance subcommittee. The House this year has been where drug reforms go to die. Earlier last week, it killed a bill to start adult-use marijuana sales and a measure to reschedule psilocybin and create a therapeutic use advisory board.

Virginia Poll Has Solid Majority Support for Retail Marijuana Sales. When House Republicans last week killed a bill to allow adult-use retail marijuana sales, they were going against the will of the voters, according to a new poll. The survey from Christopher Newport University had support for legalizing the retail sale of marijuana products at 60 percent, with only 34 percent opposed. But in killing the bill, the House Republicans were enacting the will of Republican voters, who narrowly opposed allowing retail sales by a margin of 47 percent to 44 percent.

Harm Reduction

New Mexico Safe Injection Site Bill Wins Committee Vote. A bill to provide for the creation of state-funded "overdose prevention centers," House Bill 263, is advancing, having won its first committee vote Monday. The bill passed the House Health and Human Services Committee on a 5-3 party line vote. The vote came after Republican Rep. Harlan Vincent called safe injection sites "drug dens." The measure would protect participants and workers from criminal liability "for any action or conduct that occurs on the site of a harm reduction program or overdose prevention program," but expressly bars drugs from being sold, purchased, traded, or "otherwise provided" to program users. After the vote, the House Republican Campaign Committee echoed Rep. Vincent, saying in a tweet that the Democrats "passed legalized drug dens."

Law Enforcement

Mexico's Former Top Cop Found Guilty of Drug Trafficking in NYC Trial. Genaro Garcia Luna, who acted as head of Mexico's equivalent of the FBI and was Public Security Minister under former President Felipe Calderon, was found guilty Tuesday of taking millions of dollars from the Sinaloa Cartel in a trial in federal court in Brooklyn. It was Calderon and Garcia Luna who launched the modern era of Mexico's drug war by sending in the armed forces, unleashing more than a decade of deadly violence as drug cartels fought each other and various law enforcement and military formations allied with those factions. Garcia Luna is the highest-ranking Mexican official ever to be tried for drug offenses. He faces up to 10 years in federal prison.

International

Australia's Queensland Moves to Depenalize Drug Possession. The government of the state of Queensland told the state parliament Tuesday that it will amend its drug laws so that people caught carrying small quantities of any illicit substances will not be subject to criminal charges until a fourth offense. A first offense would merit a warning, while second and third offenses would see police offering up drug diversionary programs. This is the same approach that the state uses for small-time marijuana possession and that most other states already use for all illicit substances. Only the Australian Capital Territory has formally decriminalized drug possession. 

Federal MedMJ Prisoner Luke Scarmazzo Freed, MN Pot Legalization Bill Advances, More... (2/3/23)

A Florida marijuana legalization initiative has passed its first hurdle on the way to the ballot, a new Texas poll shows very strong support for marijuana reforms, and more.

Luke Scarmazzo. Freed after 14 years for running a California medical marijuana dispensary. (Mission Green)
Marijuana Policy

Florida Marijuana Legalization Initiative Passes Initial Hurdle. A proposed constitutional amendment to legalize marijuana has passed the first hurdle on the way to the ballot. The Smart & Safe Florida initiative first challenge was to come up with 222,298 valid voter signatures to trigger a judicial and financial impact review. On Thursday, it reported that it had 294,000 valid signatures. If the measure now gets through the reviews, organizers would then have to gather an additional 891,589 valid signatures to get the issue to ballot position. And if it manages to qualify for the ballot, it will need 60 percent of the vote to be approved.

Minnesota Marijuana Legalization Bill Wins Another Committee Vote. The marijuana legalization bill, House File 100, continues to advance. On Thursday, it was approved by the House Agriculture Finance and Policy Committee, the sixth House committee to advance it. That puts the bill at the half-way point in the chamber, where another six committee votes are anticipated. Companion legislation has also been moving in the Senate, although a Senate committee hearing set for Thursday was postponed. Gov. Tim Walz (D) has called on supporters to join lawmakers and the administration in their push legalize marijuana this session.

Texas Poll Finds Supermajority for Medical Marijuana and Decriminalization, Two-Thirds for Legalization. A new YouGov/University of Houston poll has support for legalizing medical marijuana at 82 percent, support for decriminalization at 81 percent, and support for legalization at 67 percent. On medical marijuana, 93 percent of Democrats, 79 percent of independents, and even 73 percent of Republicans were in favor. Similarly, one legalization, 80 of Democrats, 66 percent of independents, and 55 percent of Republicans were on board. The Republican-dominated state legislature, however, has balked at advancing reform legislation.

Medical Marijuana

Medical Marijuana POW Luke Scarmazzo Freed After 14 Years in Federal Prison. Luke Scarmazzo, sentenced to 22 years in federal prison for operating a California medical marijuana dispensary is scheduled to walk free today after winning a case for compassionate relief in federal court in the Eastern District of California. He was most recently imprisoned at the federal prison in Yazoo City, Mississippi. Scarmazzo and business partner Ricardo Montes opened California Healthcare Collective in Modesto in 2004, operating a business legal under state law. But the DEA raided his operation in 2006, arresting the pair, and they were charged with manufacture of marijuana, possession with intent to distribute, and operating a continuing criminal enterprise, which carries a mandatory minimum of 20 years. Scarmazzo is believed to be the last California medical marijuana provider to be held in federal prison. 

Another Good Pot Poll, OR Bill to Re-Criminalize Drug Possession, More... (1/18/23)

Oregon Republicans want to undo the will of the voters on drug decriminalization, Mexico's former top security official is now on trial in New York for taking bribes from the Sinaloa Cartel, and more.

Former Mexican Public Security Secretary Genaro Garcia Luna is now on trial in NYC on drug corruption charges. (CC)
Marijuana Policy

Another Poll Has Strong Support for Marijuana Legalization, Social Equity. A new poll from Data for Progress has two-thirds (65 percent) support for marijuana legalization -- in line with a number of recent pot polls. Some 75 percent of Democrats were in favor, as were 67 percent of independents, and even 52 percent of Republicans. The poll also asked about two measures of social equity and found support for both. Some 57 percent of respondents said they would support reserving an initial round of business licenses for people negatively impacted by the war on drugs, while 65 percent said they would support directing a large portion of marijuana tax funds for "community-based initiative programs, such as job placement and skill services, substance use treatment programs, and financial literacy courses."

Drug Policy

Oregon Republicans File Bill to Undo Voter-Approved Drug Decriminalization. Led by Rep. Lily Morgan (R), a group of Republican lawmakers have filed House Bill 2973 to "repeal Measure 110's dangerous drug legalization. "Measure 110 was the voter-approved 2020 initiative that decriminalized -- not legalized -- the possession of personal use amounts of drugs and directed that a portion of marijuana tax revenues go to support drug prevention and treatment. The bill is now before the House Committee on Behavioral Health and Health Care.

Law Enforcement

Trial for Mexico's Former Top Security Official on Drug Corruption Charges Now Underway in New York City. Genaro Garcia Luna, who served as then-President Felipe Calderon's security secretary between 2006 and 2012, went on trial in federal court in Brooklyn on Tuesday. He is accused of accepting millions of dollars in bribes from the Sinaloa Cartel in exchange for helping its members move drugs and avoid capture. This was precisely the period when Calderon accelerated his country's war on drug by deploying the military, starting an era of deadly cartel wars that has yet to let up. Garcia Luna moved to the US after leaving office and was arrested here in 2019. The trial is expected to last for around eight weeks and should uncover the inner workings of the cartels' strategies for continuing to be able to operate despite the government's declared war against them.

Drug War Issues

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