Marijuana

RSS Feed for this category

Biden Signs Criminal Justice Reform Executive Order, RI Legislature Approves Marijuana Legalization, More... (5/25/22)

Rhode Island is set to become the 19th legal marijuana state, West Virginia announces a big settlement with drug manufacturers over their role in the opioid crisis, and more.

After congressional inaction, President Biden issues an executive order on criminal justice reform. (whitehouse.gov)
Marijuana Policy

Georgia Voters Approve Marijuana Legalization Ballot Question. State voters sent a strong signal to lawmakers Tuesday by overwhelmingly approving a non-binding ballot question on marijuana policy. Voters were asked: "Should marijuana be legalized, taxed and regulated in the same manner as alcohol for adults 21 years of age or older, with proceeds going towards education, infrastructure and health care programs?" A whopping 80 percent of them answered "yes."

Rhode Island Legislature Approves Marijuana Legalization. Both the House and the Senate voted Tuesday to approve a marijuana legalization bill, Senate Bill 2430. Gov. Dan McKee (D) is set to sign it into law today. The law will allow people 21 and over to possess, grow, and purchase limited amounts of marijuana. It also includes expungement and social equity provisions. Once the bill is signed into law, Rhode Island will become the 19th state to free the weed. Look for our feature story on this later today.

Opiates and Opioids

West Virginia Announces Settlement with Opioid Manufacturers. State Attorney General Patrick Morrisey announced Wednesday that the state had reached a $161.5 million settlement with two drug companies over their role in the opioid epidemic. The settlement came as the trial in the state's lawsuit against Allergan and Teva was nearing its end. Morrisey touted the settlement as "record-breaking," saying it was the highest per capita settlement in the country and blasted the two companies as "helping fuel the opioid epidemic in West Virginia by engaging in strategic campaigns to deceive prescribers and misrepresent the risks and benefits of opioid painkillers."

Criminal Justice

President Biden Signs Executive Order to Advance Accountable Policing, Strengthen Public Safety. Marking the second anniversary of the killing of George Floyd at the hands of Minneapolis police, President Biden on Wednesday issued a broad-ranging executive order to advance accountable policing and enhance public safety. The move comes after Congress largely failed to act on policing reform in the wake of the killing and the mass protests it generated. Among other provisions, the order creates a new national database of police misconduct, restricts the use of no-knock search warrants, bans the use of chokeholds and carotid restraints unless deadly force is authorized, requires new standards limiting the use of force for all federal agencies, restores the Obama administration's restrictions on the transfer of military equipment to law enforcement agencies, requires an updated approach to recruitment, hiring, promotion, and retention of law enforcement officers; requires all federal law enforcement agencies to track data on use of force; directs a government-wide strategic plan to propose interventions to reform the criminal justice system; and requires full implementation of the First Step Act.

DE Governor Vetoes Marijuana Legalization Bill, KS GOP Lawmakers Kill Fentanyl Test Strip Bill, More... (5/24/22)

North Carolina sees a marijuana legalization bill filed, Ohio sees a fentanyl test strip bill filed, and more.

Fentanyl test strips are being legaized in states across the country -- but not Kansas. (harmreduction.org)
Marijuana Policy

Delaware Governor Vetoes Marijuana Legalization Bill. Gov. John Carney (D) has vetoed House Bill 371, which would have legalized the possession of up to an ounce of weed by people 21 and over but did not create a legal marijuana commerce regime. That move earned him the wrath of fellow Democrats, but that did not deter Carney. "I recognize the positive effect marijuana can have for people with certain health conditions, and for that reason, I continue to support the medical marijuana industry in Delaware," Carney said in returning the bill to the state House. "I supported decriminalization of marijuana because I agree that individuals should not be imprisoned solely for the possession and private use of a small amount of marijuana -- and today, thanks to Delaware's decriminalization law, they are not. That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people. Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved." Lawmakers could try to override the veto, but that hasn't been done successfully in the state since 1977.

North Carolina Marijuana Legalization Bill Introduced. State Sen. Toby Fitch (D-Wilson) filed a marijuana legalization bill on Monday, Senate Bill 765. The bill would allow people 21 and over to possess up to two ounces and grow up to two immature and two mature plants, as well as setting up a system of regulated cultivation and sales. The bill faces dim prospects in the Republican-dominated state legislature.

Harm Reduction

Kansas Legislature Kills Effort to Decriminalize Fentanyl Test Strips. After defeating a bill decriminalizing the possession of fentanyl test strips earlier in the session, House Republicans this week blocked a last-minute effort by Assistant Minority Leader Rep. Jason Probst (D-Hutchinson) to attach the fentanyl test strip language to a broader controlled substances bill. This was the last day of the legislative session, so no further action is possible this year. Republicans argued that the test strips would facilitate people using drugs, which they are apparently more concerned with than people dying.

Ohio Fentanyl Test Strip Decriminalization Bill Filed. State Rep. Kristin Boggs (D-Columbus) has filed a bill to decriminalize fentanyl strips, House Bill 456. Boggs said she was motivated by the recent overdose deaths of two Ohio State University students. "Many of you may know that Ohio State recently had a great loss when two university students who had finished with their finals, were about to go into graduation weekend, ended up overdosing what we believe was on fentanyl from Adderall that they had purchased on the streets. This problem is certainly something that I think we all appreciate is significant and needs to be addressed, and we believe that by decriminalizing these fentanyl testing strips, it's creating one more tool, one more avenue that could potentially result in somebody avoiding an overdose that is unattended because they are unaware of what substances are in the drugs that they are using," Biggs said.

Federal Pot Busts Continue Decade-Long Decline, VT Governor Vetoes Drug Decrim Study Bill, More... (5/23/22)

Luxembourg is on a path to be the first European Union country to legalize marijuana, Alabama Medicaid is being challenged for blocking access to Hep C treatment for people who use drugs or alcohol, and more.

Vermont Gov. Phil Scott (R) has vetoed a bill that could have led the way to drug decriminalization. (vt.gov)
Marijuana Policy

Federal Pot Busts Continue to Decline. The DEA arrested 2,576 people on federal marijuana charges in Fiscal Year 2020, down dramatically from 2010, when the DEA made 8,215 pot arrests. Arrests have declined on an average of 11 percent a year in the past decade. Some of the decline is because of the coronavirus pandemic, which the Bureau of Justice Statistics said, "drove an 81 percent decline in arrests and 77 percent decline in cases charged from March to April 2020." But the decline also reflects discretionary decisions by the Justice Department as state after state legalizes marijuana.

Drug Policy

Alabama Medicaid Sued for Denying Hep C Treatment for People Who Use Drugs. The Center for Health Law and Policy Innovation and AIDS Alabama have filed an administrative complaint with the Justice Department, charging that Alabama Medicaid is discriminating against people with substance use disorder by denying "[Hep C] treatment to otherwise eligible Medicaid enrollees who cannot prove they did not use drugs or alcohol within the last six months." Prospective enrollees must promise not to use illegal drugs or alcohol, even though only alcohol has an effect on the liver. Alabama Medicaid patients who are found to be using drugs, including alcohol, could see their access to treatment, which otherwise costs tens of thousands of dollars, blocked. "On an individual level, for a single person seeking hep C treatment, it means the difference between being cured of hepatitis C and continuing to live with this very dangerous illness that, in many cases, can lead to liver scarring, liver cancer and even death," said Suzanne Davies, an attorney and CHLPI clinical fellow.

Vermont Governor Vetoes Drug Decrim Study Bill. Gov. Phil Scott (R) has vetoed House Bill 505, which would have created a Drug Use Standards Advisory Board as a first step toward drug decriminalization. The board would have been charged with determining a way to decriminalize the personal possession of currently illicit drugs, as well as ending the legal distinction between powder and crack cocaine. But in his veto message, Scott complained that the bill "places no limits on which drugs can be contemplated for legalization or the amounts, and while rightly saying we need to view substance abuse as a public health matter -- a point where I agree -- it includes absolutely no recognition of the often-disastrous health and safety impacts of using drugs."

International

Jordanian Armed Forces Kill Four Drug Smugglers from Syria. Four people trying to smuggle a large quantity of drugs from Syria into Jordan have been killed, with an unspecified number of others wounded and others escaping back into Syria, the Jordanian armed forces said. Jordan is both a destination and a transit route for captagon, an amphetamine now manufactured in Syria. The military did not specify who killed the smugglers, but in January, Jordanian soldiers killed 27 armed smugglers as they crossed the border.

Luxembourg Council of Government Set to Review Draft Marijuana Legalization Bill Next Month. The Council of Government will review a draft of a marijuana legalization bill next month. The government has committed to legalization, and in the current draft, would allow for home cultivation and would legalize the possession of up to three grams of marijuana. If the bill passes, Luxembourg would be the first country in the European Union to legalize marijuana, although Germany is now following a similar process.

RI Legal Pot Bill Heads for Final Votes Next Week, FL Governor Signs Fentanyl Murder Bill, More... (5/20/22)

A Delaware bill to tax and regulate marijuana comes up short but remains alive after a parliamentary manuever, Michigan uses court settlements to fund a massive response to the opioid crisis, and more.

Florida Gov. Ron DeSantis signs a punitive fentanyl bill into law. (fl.gov)
Marijuana Policy

Delaware Legal Marijuana Regulation, Sales Bill Falls Short—For Now. A bill that would have created a system of taxed and regulated marijuana sales, House Bill 372, failed in the House Thursday even though it won a majority of votes. The bill needed a two-thirds majority in the House because it had tax provisions, but cam up short on a 23-15 vote. But the bill is not dead because sponsor Rep. Ed Osienski (D-Newark), changed his vote to "no," which gives him three legislative days to rescind the roll call vote and bring the bill forward for reconsideration before the end of this year’s legislative session. With Osienski voting "yes" next time, along with a bill supporter who missed the vote because he is sick with COVID, the bill has the votes to pass next time.

Rhode Island Marijuana Legalization Bill Heads for House, Senate Floor Votes Next Week. With approval Wednesday from the Senate Judiciary and House Finance committees, an amended marijuana legalization bill, Senate Bill 2430, is now headed for final floor votes in the House and Senate, which are scheduled for next Tuesday. As well as setting up a system of taxed and regulated marijuana commerce, the bill contains social equity components and allows for automatic expungement of past marijuana possession offenses.

Opiates and Opioids

Florida Governor Signs Bill to Make Murder Charges Easier in Drug Overdose Deaths. Gov. Ron DeSantis (R) has signed into law House Bill 95, which would make it easier for prosecutors to seek first-degree murder charges against drug sellers if an overdose leads to someone's death. Currently, drug sellers face life in prison or the death penalty if the drug they sold verifiably caused the death of a consumer, but prosecutors complained it was hard to win convictions in cases involving multiple controlled substances and/or alcohol. Under the new law, prosecutors will only have to show that the drug was a "substantial factor" in the person's death. As the session wound down, legislators also added language that increased mandatory minimum sentences for trafficking between 4 and 14 milligrams of fentanyl and its analogs from three to seven years, and for trafficking between 14 and 28 milligrams of fentanyl to 15 to 20 years. They also stripped out a provision that would have legalized fentanyl test strips, signaling no room for compassion but plenty of space for punishing policies.

Michigan Governor Signs Bills Aimed at Opioid Crisis. Gov. Gretchen Whitmer (D) has signed into law a package of bills that invest $800 million in treatment, prevention, and mental health in response to the opioid crisis. Senate Bills 993, 994, and 995 will handle the disbursement of settlement funds from lawsuits against opioid manufacturers and distributors, as well as creating an Opioid Advisory Committee to help craft policies to prevent, treat, and support people using opioids. "The opioid crisis touches families across our state, which is why it’s so crucial to ensure that Michiganders facing substance use issues have the support and resources they need to get better," said Governor Whitmer. "The legislation I signed today will be instrumental in preventing more deaths and will provide Michigan families impacted by the devastating opioid epidemic with some semblance of relief. These funds will bring millions of dollars to support our neighbors, family, and friends in treatment and recovery. I will continue to work with anyone who wants to help those who are struggling."

RI Marijuana Legalization Bill Heads for Floor Votes Next Week, Thailand's Million Pot Plant Giveaway, More... (5/18/22)

Delaware's anti-legalization governor makes some ambiguous comments about a legal pot bill on his desk, Ohio is set to more than double the number of medical marijuana dispensaries, and more.

Marijuana Policy

Delaware Governor Makes First Comments on Marijuana Legalization Bill on His Desk. Gov. John Carney (D), a long-time opponent of marijuana legalization, has given his first reaction to passage of House Bill 371, which legalizes the possession and sharing of up to an ounce by people 21 and over but does not contemplate a legal marijuana marketplace. Marijuana use shouldn’t be a "criminal offense" and HB 371 "just decriminalizes," Carney said, hinting he could support the bill. "It doesn’t have a regulatory piece that goes with it, so we’re looking at the same concerns that I’ve been articulating for some time with respect to public safety and its effect on our young people, and we’ll continue to keep those in mind." An earlier effort by bill sponsor Rep. Ed Osienski (D) to advance a full-blown legalization bill faltered in the legislature, so he split it up into two parts, HB 371 and House Bill 372, which would create a regulatory framework for marijuana commerce. That bill awaits a House floor vote.

Rhode Island Lawmakers Agree on Amended Marijuana Legalization Bill. Legislators have apparently reached agreement on a marijuana legalization bill, Senate Bill 2430. The amended bill now includes automatic expungement of past marijuana possession convictions, pushed the effective date of legal adult sales from October 1 to December 1, and eliminates the fees currently charged to medical marijuana patients and caregivers. The bill is set to be heard today by the House Finance Committee and the Senate Judiciary Committee, with floor votes in both chambers set for next Tuesday.

Medical Marijuana

Ohio Medical Marijuana Dispensaries Set to More Than Double. The state Board of Pharmacy has approved 70 new medical marijuana dispensary licenses, with three more applications pending. Once the new shops are open, the number of dispensaries in the state will more than double from the current 58. Those dispensaries will serve the more than 261,000 Ohioans who are currently registered in the state's medical marijuana program.

International

Thailand to Give Away a Million Pot Plants. The Thai government is set to give away one million marijuana plants for free for "home cultivation" but only for medical purposes. Beginning June 9, it will be legal to grow marijuana as a "household crop" or as part of a "small-scale commercial enterprise," and the government will mark the occasion with the pot plant giveaway. The move comes after the country legalized marijuana for "medical use and research" in 2018 and dropped marijuana from its list of controlled substances in February. 

RI Legislators Take Up Legal Pot Bills This Week, Montreal to See Psychedelic-Assisted Therapy Clinic, More... (5/17/22)

Nebraska medical marijuana advocates and the ACLU sue over the state's initiative signature-gathering requirements, a Montreal clinic is about to become the first in Quebec to offer psychedelic-assisted psychotherapy, and more.

London Mayor Sadiq Khan has formed a commission to study the benefits of marijuana legalization. (Creative Commons)
Marijuana Policy

Rhode Island Legislature Takes Up Marijuana Legalization Bills This Week. One of the state's best positioned to legalize marijuana this year is finally taking up the issue this week. Committees in both chambers will be voting on legalization bills this week: The Senate Judiciary Committee will vote on Senate Bill 2430, and the House Finance Committee will vote on House Bill 7593. Both bills would legalize marijuana for people 21 and over and would create a system of taxed and regulated marijuana commerce under a Cannabis Control Commission. They also have social equity provisions and would impose a 10 percent sales tax.

Medical Marijuana

Nebraska ACLU, Medical Marijuana Campaigners Sue State Over Signature-Gathering Requirements. Nebraskans for Medical Marijuana and the ACLU of Nebraska said Monday they are filing a lawsuit challenging the state's initiative signature-gathering requirements as unconstitutional. State law requires that initiatives have signatures from at least five percent of registered voters in 38 out of 93 counties, which the ACLU called a roadblock in the petitioning process. The group said the requirements skew the system in favor of rural counties, violating both the First and the 14th Amendments. The lawsuit comes as Nebraskans for Medical Marijuana struggles to come up with enough signatures to qualify for the November ballot. The group came up with enough signatures to make the ballot in 2020, only to have the measure thrown out by the state Supreme Court but lost significant funders this year.

International

Canada's Quebec to See First Psychedelic-Assisted Psychotherapy Facility Open Soon. The Mindspace by Numinus Clinic in Montreal has received permission from Health Canada to become the first health care facility in the province to legally use psilocybin to treat depression. The first clinic in the country to offer such services opened last month in British Columbia. The advances are coming after Health Canada restored its Special Access Program, which allows health care practitioners to request access to restricted drugs that have not yet been authorized for sale in the country. That program was abolished under the Conservatives in 2013 but restored by the Liberal government in January. Health Canada said it is weighing 13 more requests to operate similar service around the country.

London Mayor Sets Up Commission to Study Benefits of Legalizing Marijuana. London, England, Mayor Sadiq Khan has announced the formation of a commission of independent experts to study the potential benefits of marijuana legalization. Under British law, marijuana remains an illicit Class B drug with severe criminal penalties still in place, especially for dealing. Khan's London Drug Commission will be headed by Lord Charlie Falconer, with research for the commission being led by University College London. Khan announced the formation of the commission during a visit to a marijuana retail shop in Los Angeles over the weekend. "The illegal drugs trade causes huge damage to our society and we need to do more to tackle this epidemic and further the debate around our drugs laws. That’s why I am here today in LA to see first-hand the approach they have taken to cannabis." Establishing a commission to examine the benefits of legalization was a key campaign pledge for Khan during last year's reelection campaign. 

Drug Overdose Deaths Hit Another Record High, DE Legal Pot Bill Goes to Governor, More... (5/16/22)

Gavin Newsom attempts to lend a hand to California's embattled legal marijuana growers, Ohioans will have to wait another year to vote on marijuana legalization, the first British drug checking service is set to open, and more.

More than 107,000 people died of drug overdoses last year, the CDC reports. (Creative Commons)
Marijuana Policy

California Governor's Budget Would Give Growers a Break by Eliminating Cultivation Tax. With wholesale marijuana prices cratering and growers screaming for help, Gov. Gavin Newsom (D) has included the elimination of the marijuana cultivation tax in his proposed FY 2022-2023 budget released Friday. That would eliminate one of the four taxes on marijuana—the cultivation tax of $10 an ounce for dry-weight flowers paid by growers, a state excise tax paid by retailers, a local excise tax paid by retailers, and the state sales tax. Despite cutting the cultivation tax, Newsom's budget still includes $670 million in annual funding for services currently funded by marijuana tax revenues. Newsom's proposal must be approved by the legislature and would go into effect July 1 if it is.

Delaware Legislature Approves Marijuana Legalization Bill. With a final vote by the Senate last Thursday, the legislature has approved a marijuana legalization bill, House Bill 371. The bill would legalize the possession of up to an ounce of weed by people 21 and over. But the fate of the bill is uncertain given Gov. John Carney's (D) staunch opposition to legalization, which he has called a "bad idea." If, however, Carney does veto the bill, it would need a three-fifths majority vote in both chambers, which is achievable. But the last time the legislature overrode a gubernatorial veto was 45 years ago.

Ohio Marijuana Legalization Vote Delayed Until 2023. The Coalition to Regulate Marijuana Like Alcohol announced last Friday that it will forego attempting to get a vote on its marijuana legalization initiative this year after state officials agreed to allow the campaign to keep more than 140,000 signatures it had gathered this year and use them to get on the ballot next year. The move came after House Republicans said the group handed in signatures too late to qualify for this year. The group is undertaking an initiated statute campaign under which it gathers enough signatures to place the issue before the legislature and if the legislature does not enact legalization, it would go before voters. But now, it will go before voters next year—provided the campaign comes up with a second round of signatures—not this year.

Overdoses

Drug Overdoses in 2021 at Highest Level on Record According to CDC, Driven by Opioids. The Centers for Disease Control and Prevention (CDC) published data last Wednesday showing that drug overdoses had hit 107,622 in 2021, an all-time high. The figure is 15 percent higher than the previous year and represents a 49 percent increase in overdose deaths since 2019. Synthetic opioids such as fentanyl were implicated in two-thirds of overdose deaths.

International

United Kingdom's First Drug Checking Service to Open This Month. The British Home Office has approved the nation's first drug checking service, where illicit drugs can be tested for purity, strength, and contaminants. The move is aimed at reducing the harms associated with high-risk drug taking and at providing a fuller picture of the illicit drug market. The drug checking will be undertaken by a harm reduction organization called The Loop, working with the Bristol Drugs Project and the People's Republic of Stokes Croft, a community organization. The service is set to begin May 28 and will run once a month, with additional operating hours to be scheduled around significant local events, such as concerts and festivals. 

MO Legalization Init Hands in Double Needed Signatures, Colombia Drug Lord Extradition Sparks Trouble, More... (5/9/22)

Austin voters say adios to no-knock warrants, Colombia's most powerful cartel gets unruly after its leader's extradition to the US, and more.

Colombian drug lord "Otoniel" upon his arrest last October. (Colombian National Police)
Marijuana Policy

Missouri Activists Turn in Double the Signatures Needed for Marijuana Legalization Initiative. Activists with Legal Missouri 2022, the folks behind a marijuana legalization constitutional amendment, announced Sunday that they had turned in more than 385,000 raw voter signatures in a bid to get the measure on the November ballot. That is more than twice the 171,592 valid voter signatures necessary to qualify, meaning that the measure has almost certainly qualified for the ballot. Initiative campaigns typically try to get a cushion of 20-30 percent more signatures that required to account for rejected signatures, but Legal Missouri has a cushion of more than 100 percent.

Drug Policy

Austin, Texas, Voters Overwhelmingly Approve Marijuana Decriminalization, Ban on No-Knock Warrants. Austin residents voted overwhelmingly in support of a municipal ballot measure that decriminalizes marijuana possession and bans police from using no-knock warrants. Some 85 percent of voters said "yes" to the measure. Now, the city council must codify the results into law, but the council already passed a 2020 resolution to end misdemeanor marijuana arrests, which will now become law. Similarly, officials said police in Austin execute just a handful of no-knock raids each year, but now that number will go to zero.

International

Head of Colombia's Gulf Clan Cartel Extradited to US. Dairo Antonio Úsuga, known as Otoniel, alleged head of the Gulf Clan cartel, was extradited to the United States last week to face drug smuggling conspiracy charges. Otoniel had been Colombia's most wanted man for the past decade before being captured in his jungle hideout last October. The Gulf Clan emerged out of rightist paramilitaries who worked with the Colombian government in the long-running civil war with the leftist FARC. Many in Colombia want him to supply information about atrocities committed by paramilitaries during the conflict, which officially ended with a peace treaty between the FARC and the government in 2016. He already faced Colombian charges of murder, illegal recruitment, kidnapping for ransom, sexual abuse of minors, terrorism, and illegal possession of weapons, as well as drug trafficking.

Colombia's Gulf Clan Cartel Stages "Armed Strike" After Leader's Extradition to US. In response to the extradition of their leader, Dairo Antonio Usuga, known as Otoniel, to the US to face drug trafficking charges, the Gulf Cartel launched a four-day "armed strike" beginning last Thursday. They blocked roads and set fire to dozens of vehicles. The Interior Ministry said "more than a hundred vehicles (...) were hit" in the first two days of the action.

Colombian Military Deploys More Troops to Combat Gulf Clan Cartel. The Colombian military is beefing up its already extensive presence in the country's north in response to an "armed strike" called by the Gulf Clan cartel in response to the extradition of its leader Dairo Antonio Usuga, known as Otoniel, to the US to face drug trafficking charges. There were already about 50,000 government troops in the region, but now another 2,000 have been deployed. They would be tasked, among other things, with securing roads so that hard-hit commerce can be restored, he said. The Gulf Clan cartel, Colombia's biggest, is estimated to account for between 30 and 60 percent of all cocaine exported from Colombia.

DE House Passes Legal Pot Bill, US Reps Press DOJ on Civil Asset Forfeiture Abuses, More... (5/6/22)

A South Carolina medical marijuana falls to opponents' House maneuvers, Venezuela is joining the ranks of coca and cocaine producers, and more.

Rep. Jamie Raskin (D-MD) is calling on the Justice Department to explain civil asset forfeiture abuses. (house.gov)
Marijuana Policy

Delaware House Approves Marijuana Legalization Bill. The House on Thursday voted to approve a measure that would legalize the possession of up to an ounce of marijuana for adults, House Bill 371. The bill would not set up a system of taxed and regulated sales but does allow for the unremunerated transfer of up to an ounce from one adult to another. The bill now heads to the Senate, which, like the House, is controlled by Democrats. But it faces a potential veto by Gov. John Carney (D), who has expressed doubts about marijuana legalization.

Medical Marijuana

South Carolina Medical Marijuana Bill Killed in House. A measure to legalize medical marijuana in the state, the Compassionate Use Act (Senate Bill 150) was killed on the House floor Wednesday after a debate over legislative process but without any discussion of the merits of the bill. The bill had already passed the Senate but faced long odds in the House, where opponents of reform filed more than a thousand amendments. One opponent, Rep. John McCravy (R), then created a constitutional challenge for the bill, claiming that it should have originated in the House because it involves a tax on medical marijuana. Under the state constitution, bills involving taxation must originate in the House. House Speaker Pro Tem Thomas Pope (R) then ruled to sustain McCravy's point of order and against an appeal from Rep. Todd Rutherford (D), who said he planned to later scrap the tax language via an amendment, effectively killing the bill. Sponsors said they would keep trying, though.

Asset Forfeiture

House Members Request Justice Department Briefing on Abuses of Federal Civil Asset Forfeiture Program. Rep. Jamie Raskin and Rep. Nancy Mace, Chairman and Ranking Member of the Subcommittee on Civil Rights and Civil Liberties, sent a letter to Attorney General Merrick Garland requesting information about the Department of Justice's (DOJ) efforts to address longstanding abuses of its Equitable Sharing Program, which allows state and local governments to partner with DOJ by transferring property, money, or assets that have been seized by law enforcement to the federal government for forfeiture which then shares up to 80% of the proceeds with local and state law enforcement agencies, regardless of state law.

The letter came after a December hearing that examined the need to reform federal civil asset forfeiture programs, including equitable sharing, to prevent state, local, and federal law enforcement from abusing the civil rights and civil liberties of Americans. Expert witnesses testified that state and local law enforcement agencies use DOJ's Equitable Sharing Program to circumvent state laws aimed at curtailing civil asset forfeiture abuse. Between 2000 and 2019, DOJ paid at least $8.8 billion from its Asset Forfeiture Fund (AFF) to state and local agencies.

"We are concerned that the Equitable Sharing Program creates a loophole allowing state and local law enforcement to seize assets from individuals without bringing criminal charges or a conviction, even in states that prohibit civil asset forfeiture," the Members wrote. "In addition, we are concerned that DOJ does not conduct adequate oversight of law enforcement agencies participating in the Equitable Sharing Program."

International

Venezuela Becoming a Coca, Cocaine Producer. InsightCrime, a website that covers Latin American drug trafficking, is reporting that Venezuela is becoming a coca producing and cocaine manufacturing country. Previously, it had served only as a transshipment point for cocaine produced in the big three coca-growing countries: Bolivia, Colombia, and Peru. But now, "InsightCrime has uncovered evidence of the presence of significant quantities of coca in at least three municipalities in Zulia, and two more to the south in the state of Apure, each time verified and corroborated by multiple reliable sources," the web site reported. "In addition, sources in the field, international agencies, and the Venezuelan government's own reports show that the crystalizing laboratories used to process coca paste into cocaine hydrochloride have been proliferating in the same areas."

All of this activity is taking place in western part of the country, where Colombian guerilla groups and drug traffickers dominate and appear to be operating openly. "So far, cocaine production in Venezuela is nascent, representing just a drop in an ocean of coca compared to the historic levels seen in Colombia in recent years," InsightCrime noted. "But the country's border region, poor, isolated, abandoned by the state and dominated by armed groups, represents a perfect petri dish for it to spread. And in a country trapped in an economic crisis, ruled by a corrupt regime, and ravaged by criminality, that is a dangerous proposition."

Pell Grants for Prisoners Are Coming Back Next Year, OK Legal Pot Initiative Signature-Gathering Begins, More... (5/3/22)

Signature-gathering for a marijuana legalization inititiave is underway in Oklahoma, the courts block a San Francisco effort to enact broad bans on alleged drug dealers in the Tenderloin, and more.

San Francisco. The courts are blocking the city's effort to ban alleged drug dealers from the Tenderloin. (Creative Commons)
Marijuana Policy

Ohio Marijuana Legalization Initiative Campaign Files Preemptive Lawsuit Over Whether It Will Appear on November Ballot. Anticipating an effort by Republican lawmakers to keep their marijuana legalization initiative off the November ballot, the Coalition to Regulate Marijuana Like Alcohol filed a lawsuit last Friday to block the expected move. Secretary of State Frank LaRose (R) submitted petitions to the legislature on January 28, giving it until May 28 to approve the petitions calling for legalization, after which, the coalition could then do another round of signature-gathering to put the question directly before voters in November. But Republican legislative staffers have argued that because the petitions were not submitted to the legislature 10 days before the start of the session, as required by the state constitution. But the preemptive lawsuit argues there is state Supreme Court precedent for allowing a November vote.

Oklahoma Marijuana Legalization Initiative Campaign Begins Signature-Gathering. Marijuana legalization advocates have begun signature gathering for State Question 820, which would legalize adult use marijuana and levy a 15 percent excise tax on retail purchases to fund the Oklahoma Medical Marijuana Authority. Campaigners will need 95,911 valid voter signatures to qualify for the November ballot and have until August 1 to do so. Another pair of initiatives could also appear on the ballot. State Question 818 would create a State Cannabis Commission that would replace the OMMA and guarantee patients' medical cannabis access in the Oklahoma Constitution, while State Question 819 would legalize adult-use marijuana and guarantee medical and adult-use marijuana access in the Constitution. Because these two questions would change the state constitution, they face a higher signature-gathering threshold than State Question 820, which would only make statutory changes. The threshold for constitutional questions is 177,958 valid voter signatures.

Drug Policy

California Appeals Court Blocks San Francisco Bid to Ban Drug Dealers from Tenderloin, SOMA. In a case that began when the city sued 28 alleged drug dealers in the Tenderloin and South of Market (SOMA) neighborhoods and banned them from a 50-square-block area in those neighborhoods, which are rife with open drug dealing and drug use, a state appeals court has upheld a lower court decision last year blocking the bans from taking effect. In its ruling last Friday, the 1st District Court of Appeals held that while local governments may be entitled to narrowly target ban orders in some limited circumstances, but not such a broad one. The lower court decision held that the ban was so broad it would violate the constitutional right to travel, and that state law did not appear to authorize it.

The appeals court largely agreed: "We are mindful of, and sympathetic to, the challenges faced by the city in addressing the issues of illegal drug sales, drug use, and the drug-related health crisis and its effects on the people who live and work in the neighborhood," Justice Marla Miller wrote in Friday's 3-0 ruling. But, she continued, "although the city contends these defendants have no reason to ever even be in the 50-square-block Tenderloin neighborhood except to sell drugs there was evidence that many community resources and government agencies are located in the Tenderloin." The lower court judge was entitled to believe statements from the four people "that they were interested in taking advantage of the employment, treatment, housing, and health services available in the 50-square-block neighborhood," the appeals court added. The city said it was "disappointed" with the ruling, but had yet to decide whether to appeal.

Education

Pell Grants Will Be Available for Prisoners Again Beginning Next Year. Once upon a time, incarcerated Americans were able to try to advance themselves by using Pell Grants to pay for college tuition and textbook costs -- just like other students -- but when Congress passed the Violent Crime Control and Law Enforcement Act of 1994, it barred prisoners from accessing that financial aid. In 2020, though, Congress restored the eligibility for both state and federal prisoners. In the fall of 2021, the Department of Education begin developing rules for the expansion of Pell Grants to prisoners and has now announced that application forms for imprisoned students will be available on October 1 for the 2023 academic year.

International

British Virgin Islands Premier Asserts Immunity in Cocaine Case, Demands Immediate Release. British Virgin Islands (BVI) Premier Andrew Fahie, who was arrested last week in a US government sting in Miami, argued in court Monday that as the elected head of government, he is immune from prosecution and should be released immediately. No word yet on when a federal judge will decide that question, and in the meantime, Fahie remains in custody. Fahie and his ports director, Oleanvine Maynard, were busted at the Miami airport where they met what they thought were Mexican drug traffickers but were actually DEA agents seducing them into a scheme to import cocaine from South America through the BVI. Back home, Fahie already faced allegations of deep corruption, and his arrest may help propel a push to temporarily suspend the constitution and return to rule from London in an effort to clean up the government. Busting a head of state is a big deal and would have required approval at the highest levels of the Justice and State departments.

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