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Medical Marijuana Update

Senate Republicans play politics with a veterans' medical marijuana bill, and more.

National

Senate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42.

Oklahoma

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

Luxembourg Unveils Marijuana Legalization Plan, WA Governor Calls Special Session on Drug Charging, More... (5/3/23)

A Maryland bill implementing legal marijuana commerce is signed into law, an Oklahoma bill cracking down on illicit medical marijuana grows is signed into law, and more.

A change in DOT drug testing rules could eliminate marijuana false positives. (Creative Commons)
Marijuana Policy

Maryland Governor Signs into Law Bill Implementing Marijuana Legalization. Gov. Wesley Moore (D) on Wednesday signed into law Senate Bill 516, which implements a voter-approved referendum to legalize marijuana. The bill allows currently operating medical marijuana dispensaries to apply for licenses to sell to the adult market beginning in July and mandates that licenses for up to 300 marijuana retailers by July 2024. The bill also sets a 9 percent sales tax on marijuana products, except for registered medical marijuana patients, who are exempt. The bill also allows patients to grow up to four plants at home and increases the amount of marijuana patients can possess.

Medical Marijuana

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

Drug Policy

Washington Governor Announces Special Session to Take Up Drug Possession Law. Gov. Jay Inslee (D) announced Tuesday that will call a special session to begin May 16. The session will focus on passing a new drug possession law. Inslee set the date after conversations with Democratic and Republican legislative leaders. In 2021, the Washington Supreme Court overturned the state's felony drug possession law in the Blake case. Legislators adopted a temporary misdemeanor policy that expires July 1. The so-called "Blake fix" was the only remaining must-do item legislators did not finish during the regular legislative session that ended April 23. In the absence of a statewide policy, several cities and counties have announced their intent to pass their own ordinances which would create a confusing patchwork of policies, treatment options and penalties.

Drug Testing

Department of Transportation Finalizes New Marijuana Testing Policies to Reduce False Positives. The US Department of Transportation (DOT) on Tuesday finished work on a rule that will allow oral saliva drug testing as an alternative to urine-based tests. Urine tests detect THC metabolites for weeks or months after consumption, leading to positive test results for people who are not actually impaired on the job. Oral testing, on the other hand, usually detects THC in saliva for no more than 24 hours after use.

"Allowing employers to use oral fluid testing may improve the effectiveness of drug testing," DOT said. "Oral fluid testing can detect the recent use of some drugs, including marijuana and cocaine, while urine drug testing has a longer window of detection." This will be good news for the trucking industry, which has suffered from driver shortages, including thousands of drivers who have been dismissed because of positive urine-based tests.

International

Luxembourg Releases Two-Phase Plan for Marijuana Legalization. A group of experts appointed by the government has released a report detailing plans for a legal marijuana regime. The report, "An Experimental System of Legal Access to Marijuana for Non-Medical Purposes," lays out the outlines of a legal marijuana market for those over 18. It would allow for possession of up to three grams, the home cultivation of up to four plants, and the development of a legal framework where adults could buy up to five grams a day, but no more than 30 grams in a month. Legalization will come in two phases, with the first requiring that the country's drug law be amended. Once that happens, home cultivation can commence. The second phase will be the development of a state system for the commercial cultivation and sale of marijuana. That will involve the launching of a pilot program to see how commercialization can work.

CA Natural Psychedelic Bill Heads for Senate Floor Vote, German Legal Weed Plan, More... (5/2/23)

An Ohio signature-gathering campaign to put marijuana legalization on the November ballot is about to get underway, Wisconsin Republicans kill the governor's marijuana legalization proposal and a whole bunch more, and more.

The DEA is rolling back a pandemic-era rule that eased access to buprenorphine, and doctors and advocates are worried.
Marijuana Policy

Ohio Activists Ready for Marijuana Legalization Initiative Campaign. The legislature has until tomorrow to act on a petition to legalize marijuana. It is not expected to do so, clearing the way for the Coalition to Regulate Marijuana Like Alcohol to conduct a signature gathering campaign to put its marijuana legalization initiative on the November ballot. A successful initial round of signature gathering put the issue before the legislature, and the legislature's failure to approve it gives proponents one more chance to take the issue directly to the voters. The campaign will have until July 5 to come up with 124,000 valid voter signatures from at least half of the state's counties to qualify for the November ballot. The initiative would legalize and regulate marijuana commerce, allow for the home cultivation of six plants per adult or 12 per residence, and impose a 10 percent retail sales tax.

Wisconsin Republicans Kill Marijuana Legalization Amid Mass Slaughter of Democratic Governor's Budget Proposals. The legislature's Republican-controlled budget committee on Tuesday killed off more than 500 budget proposals from Gov. Tony Evers (D), including marijuana legalization, with a single vote Tuesday. The state has a $7 billion budget surplus, but the Republicans refused to allow it to be used for renovations to the Milwaukee Brewers' stadium, a paid family leave program, a 10 percent income tax cut targeting middle- and low-income earners, spending $270 million to add more mental health providers in schools, or to freeze enrollment in the state's private school voucher program, let alone marijuana legalization.

"These aren't fringe ideas, controversial concepts, or Republican or Democratic priorities -- they're about doing the right thing," Evers said as he listed more than a dozen items being killed. "With a historic surplus comes historic responsibility, and today, when we can afford to do more, this vote is foolish and a wasted opportunity."

Opiates and Opioids

DEA's Proposed Rollback of Pandemic-Era Loosening of Restrictions on Buprenorphine Has Doctors, Advocates Worried. With the pandemic public health emergency set to end in 10 days, doctors and advocates worry that a DEA proposal to roll back a pandemic policy allowing people taking the opioid substitute medication buprenorphine to get it prescribed remotely will harm people recovering from addiction. More than a million Americans use bupe to stop cravings for opiates and block withdrawal symptoms, and since 2020, the federal government has allowed them to have it prescribed via telehealth. The DEA wants to reimpose a requirement that an in-person visit first take place before allowing re-prescribing via telehealth. DEA has received more than 2,900 public comments on the proposed rule, and says it will consider them before it releases final rules after the public health emergency ends next week.

Psychedelics

California Natural Psychedelic Legalization Bill Heads for Senate Floor Vote. A bill that would legalize the possession of small amounts of natural psychedelics, Senate Bill 58, is now headed for a Senate floor vote after clearing the Senate Appropriations Committee without a hearing. The chairman of the committee invoked a rule allowing him to send it directly to the floor because it would have a negligible fiscal impact. The bill was earlier approved by the Senate Public Safety Committee. The bill would legalize the "possession, preparation, obtaining, transfer as specified, or transportation of" personal use amounts of psilocybin, psilocin, DMT, ibogaine, and mescaline, but not synthetics such as LSD or MDMA. A similar bill passed the Senate last session, only to be pulled by its sponsor, Sen. Scott Weiner (D-San Francisco) after being watered down in the Assembly.

International

German Officials Circulate Draft Bill for First Part of Marijuana Legalization Plan. German Health Minister Karl Lauterbach has distributed a draft bill to legalize marijuana possession, cultivation, and social clubs to cabinet officials. Once the cabinet weight in, the government will finalize the bill and send it to lawmakers. Under the proposal, adults could possess up to 25 grams via the social clubs and adults over 21 could purchase up to 50 grams a month. People 18 to 21 would be limited to 30 grams per month. People would also be allowed to grow up to three plants for personal use. The social clubs would not be allowed to offer on-site consumption but could distribute up to seven seeds or five clones per month to each member for home cultivation. Plans for a national legal commercial market for marijuana have been scaled back in the face of concerns from the European Union, but it is expected that a pilot program to allow marijuana sales in select jurisdictions will be a second phase of legalization.

Biden Commutes 31 Drug Sentences, MN Senate Approves Legal MJ, More... (5/1/23)

Three Colorado Senate Democrats joined with Republicans to kill a safe injection site bill, a Texas bill to impose harsher penalties on fentanyl dealers has passed both chambers, and more.

The president wields his pardon power. (whitehouse.gov)
Marijuana Policy

Minnesota Senate Approves Marijuana Legalization Bill. The Senate last Friday narrowly approved its version of a marijuana legalization bill, Senate File 73. The vote was 34-33, with all Republicans voting against the bill. The House passed a slightly different version of the bill earlier last week. Now, the two chambers will attempt to negotiate their way to a merged bill they can send to DFL Gov. Tim Walz, who has strongly signaled he will sign it.

Harm Reduction

Colorado Safe Injection Site Bill Blocked. A bill that would have allowed municipalities to approve safe injection sites in their communities, House Bill 1202, has failed in the Senate after being approved in the House. The Democrat-sponsored bill easily passed the House 43-21, but was killed in the Senate Health and Human Services Committee last Wednesday on a 6-3 vote. Three of those "no" votes came from Democrats on the committee who raised concerns about "enabling" drug use and the lack of statewide rules and regulations in the bill.

"In spite of today's vote, overdose prevention centers remain the public health gold standard for addressing the crisis of overdose deaths faced by too many Colorado families," said the Colorado Drug Policy Coalition. "We are proud of the leadership from our many members in the House and our sponsors in the Senate who were able to put good policy backed by decades of research ahead of the politics of inaction."

Pardons and Commutations

Biden Commutes Drug Sentences for 31 People. The White House announced last Friday that President Biden has commuted the sentences of 31 people convicted of federal drug offenses. All 31 were serving time in home confinement and would have received shorter sentences if they were charged today with the same offense because the laws have been changed since they were sentenced.

The commutations come as the White House laid out a set of policy actions involving 20 different federal agencies aimed at improving the criminal justice system, which has disproportionate impacts on Blacks and other minority communities. Biden has commuted the sentences of 75 other people so far. He also pardoned thousands who were convicted of simple possession of marijuana under federal law, and others who have long since served out their sentences.

Sentencing Policy

Texas House Approves Bill to Increase Penalties for Dealing Fentanyl. The House last Friday overwhelmingly approved a bill to increase criminal penalties for people who distribute fentanyl, House Bill 6. The bill would do so by classifying fentanyl overdoses as "poisonings," which would trigger murder charges for people accused of providing a fatal dose of fentanyl. The bill also includes mandatory minimum 10- or 15-year sentences for distribution of more than 200 grams or 400 grams, respectively, with a maximum sentence of life in prison.

The House vote came after lawmakers ignored a small group of demonstrators in the gallery chanting "no more drug war." A companion bill has already passed the Senate, so lawmakers will now go to a conference committee to hammer out differences before it goes to the desk of Gov. Greg Abbott (R), who supports it. Meanwhile, a bill to decriminalize fentanyl test strips is stuck in committee in the Senate.

Medical Marijuana Update

Senate Republicans play politics with a veterans' medical marijuana bill, and more.

National

Senate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42. Republicans cited several reasons for the "no" vote, including that passage of the bill could be seen as a win for Sen. Jon Tester (D-MT), chair of the Veterans Affairs Committee, who is up for re-election next year in red state Montana. Sen. John Cornyn (R-TX), ranking minority member on the committee, said negotiations on the bill will continue and described Wednesday's vote as "hitting the pause button."

Georgia

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.

PA Bill to Criminalize Safe Injection Sites Advances, Federal Smart Sentencing Bills Filed, More... (4/27/23)

The Texas House gives preliminary approval to a marijuana decriminalization bill, Senate Republicans block a veterans' medical marijuana bill, and more.

The Insite safe injection site in Vancouver. Pennsylvania GOPers want to criminallize such facilities. (vch.ca)
Marijuana Policy

California Bill to Crack Down on Illegal Marijuana Grows Advances. The Senate Public Safety Committee voted unanimously Wednesday to approve Senate Bill 820, which would authorize law enforcement to seize cultivation and manufacturing equipment from unpermitted marijuana operations. The bill from Sen. Marie Alvarado-Gil would not only allow for asset forfeiture; it would also invest the proceeds in the Cannabis Control Fund to support equity programs.

"It is critical to ensure that the limited resources used to enforce against unlicensed cannabis operations be impactful, and removing the equipment they use is a big step towards that goal," said Alvarado-Gil. "We must support those cannabis manufacturers who operate in a lawful manner and adhere to producing a safe consumable product." The bill comes as the state's legal marijuana industry struggles to compete with the illicit market.

Texas House Gives Initial Approval to Marijuana Decriminalization Bill. The House on Wednesday gave initial approval to a marijuana decriminalization bill, House Bill 218. The bill now heads for a second, final vote in that chamber. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor, removing the risk of jail time and instead imposing a maximum fine of $500. It also specifies that possession of up to two ounces of marijuana would not result in arrest and that people with simple marijuana convictions could seek to have their convictions expunged after paying a small fee.

Medical Marijuana

Senate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans'' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42.

Republicans cited several reasons for the "no" vote, including that passage of the bill could be seen as a win for Sen. Jon Tester (D-MT), chair of the Veterans Affairs Committee, who is up for reelection next year in red state Montana. Sen. John Cornyn (R-TX), ranking minority member on the committee, said negotiations on the bill will continue and described Wednesday's vote as "hitting the pause button."

Psychedelics

Minnesota House Passes Omnibus Health Bill That Includes Creation of Psychedelic Task Force. After an omnibus health passed the Senate earlier this session, it was amended in the House to include a provision creating a task force to prepare the state for the possible legalization of psychedelic substances. Now, the House has also approved that omnibus health bill with the psychedelic task force provision intact. Since it was amended in the House, the bill will now go to conference committee, where members will attempt to reconcile differences between the House and Senate versions of the bill.

Harm Reduction

Pennsylvania Bill to Criminalize Safe Injection Sites Advances. A bill that would make it a felony punishable by up to 20 years in prison for people operating safe injection sites, Senate Bill 165, is advancing in the Republican-controlled legislature. The bill would make it a crime for any clinic or other establishment to allow people to "inject, ingest, inhale or otherwise introduce into the person's body a controlled substance" and also includes a $500,000 fine for individuals and $2 million for establishments.

The bill advanced out of the Senate Judiciary Committee on Tuesday and is now before the Senate Appropriations Committee. The ACLU of Pennsylvania notes that the criminal penalties in the bill "EXCEED the statutory maximum penalties for a first-degree felony. In other words, the penalty for providing a space that can save people from deadly overdoses is more severe than the punishment for murder."

Sentencing Policy

Federal Smart Sentencing Adjustments Act Filed. Sen. Cory Booker (D-NJ) and Rep. Tony Cárdenas (D-CA) have introduced the Smart Sentencing Adjustments Act in the Senate and House. The bill would provide federal funding as an incentive to state governments to reduce incarceration while reducing crime. State prisons hold 87% of the nation's prison population. The Smart Sentencing Adjustments Act would provide funding for states to identify and address the sources of unnecessary incarceration in their systems, while investing in ways to lower crime and keep people safe.

The act would create a $2 billion grant program to reward states that shrink their prison populations by 20% over three years. It would offer participating states a wide variety of policies and programs for supporting people who have been in prison so they don't return, making communities safer, providing alternatives to incarceration, and more. For the length of the funding period, the bill would prohibit participating states from enacting excessively punitive sentencing legislation, such as mandatory minimums, truth-in-sentencing laws, and habitual offender laws.

MN House Votes to Legalize Cannabis, with Singapore Set to Hang Man for Two Pounds of It, More... (4/25/23)

Another year of no marijuana legalization for Louisiana, the European Union sanctions Syrian officials and entities for trafficking in a Middle Eastern amphetamine, and more.

The Middle Eastern amphetamine Captagon. The EU sanctions Syrian officials for their role in the trade. (narcanon.us)
Marijuana Policy

Louisiana Marijuana Legalization Bill Killed in Committee. A bill that would have legalized marijuana, House Bill24, is dead after failing to win support in the House Criminal Justice Committee Tuesday. The measure garnered only three "yes" votes in the committee. Bill sponsor Rep. Candace Newell (D-New Orleans) has introduced the bill for the last several sessions and has vowed to continue filing it until it passes.

Minnesota House Votes to Legalize Marijuana; Senate Vote Coming Friday. The House on Tuesday gave final approval to a marijuana legalization bill, House File 100, on a vote of 71-59. The Senate is set to vote on its version of the bill on Friday. There are some differences between the two bills which will have to be ironed out in conference committee if and when the Senate bill also passes.

Drug Testing

Missouri Measure to Outlaw "Drug Masking Products" Gets Senate Committee Hearing. A measure that has already cleared the House as part of a larger crime bill, House Bill 1108, would make it harder to cheat on drug tests by criminalizing the distribution and sale of synthetic urine or any other "drug masking product." The bill would make the offense a Class A misdemeanor with a maximum one year in jail and $2,000 fine. The bill get a hearing Monday in the Senate Judiciary and Civil and Criminal Jurisprudence Committee, where it heard testimony from a lobbyist for Quest Diagnostics, the largest drug testing company in the country. No vote was taken.

International

UN Asks Singapore to Halt Execution of Man for Two Pounds of Marijuana. The United Nations Human Rights Office called Tuesday for Singapore to "urgently reconsider" the looming Wednesday execution of a man convicted of abetting a conspiracy to distribute two pounds of marijuana. Tangaraju Suppiah, 46, was convicted in 2017 and sentenced to death in 2018. Under Singapore law, crimes involving more than one pound of marijuana merit the death penalty.

"The death penalty is still being used in a small number of countries, largely because of the myth that it deters crime," the UN Human Rights Office said. "We have concerns around due process and respect for fair trial guarantees. The UN Human Rights Office calls on the authorities not to proceed with his execution," it added.

British billionaire Richard Branson, who sits on the Global Commission on Drug Policy, has also called on Singapore to halt the execution, prompting the Singapore Home Affairs Ministry to push back, saying Branson showed "disrespect for Singapore's judges and our criminal justice system with such allegations." Singapore resumed executions in March 2022 after a hiatus of more than two years. If Tangaraju is hanged, it would be the country's first execution in six months. Eleven executions were carried out last year, all for drug offenses.

Council of Europe Sanctions Syrian Officials, Companies over Captagon Trafficking. The Council of Europe, the executive organ of the European Union, has issued sanctions against 25 individuals and eight entities for their role in the production and trafficking of illicit drugs, notably Captagon, an amphetamine popular in the Middle East and North Africa.

"The trade in amphetamine has become a regime-led business model, enriching the inner circle of the regime and providing it with revenue that contributes to its ability to maintain its policies of repression against the civilian population," the Council said. "For this reason the Council designated various members of the Assad family - including multiple cousins of Bashar al-Assad, leaders and members of regime-affiliated militias and businesspeople with close ties to the Assad family, as well as persons associated with the Syrian army and the Syrian military intelligence."

Sanctions on Syria were first introduced in 2011 in response to the violent repression of the civilian population by the Assad regime. EU sanctions in place regarding Syria target the Assad regime and its supporters, as well as sectors of the economy from which the regime was making profit.

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.

Delaware Legalizes Marijuana [FEATURE]

As Saturday night turned into Sunday morning, Delaware became the 22nd state to legalize marijuana. That is because Gov. John Carney (D), who is skeptical of legalization and who had vetoed a legalization bill last year, decided to no longer stand in the way after the legislature approved it again this year, allowing it to take effect without his signature.

The Delaware state capitol, where lawmakers and the governor came together to legalize marijuana. (Creative Commons)
The state's legalization effort came in a two-bill package, with House Bill 1, sponsored by Rep. Ed Osienski (D), making possession of a limited amount of marijuana legal for adults 21 and older under Delaware state law. A separate measure, House Bill 2, will legalize and regulate cultivation and sales. The latter bill, which was sent to the governor a few days behind the former, will go into effect on Thursday.

In allowing the bills to become law without his signature, Gov. Carney bowed to political reality: This year, the two bills passed with supermajorities that could potentially have overcome his veto. But he still wasn't happy about it.

"As I've consistently said, I believe the legalization of recreational marijuana is not a step forward," Carney said in a Friday afternoon statement announcing he would let the bills become law. "I support both medical marijuana and Delaware's decriminalization law because no one should go to jail for possessing a personal-use quantity of marijuana. And today, they do not. I want to be clear that my views on this issue have not changed. And I understand there are those who share my views who will be disappointed in my decision not to veto this legislation. I came to this decision because I believe we've spent far too much time focused on this issue when Delawareans face more serious and pressing concerns every day. It's time to move on."

Bill sponsor Rep. Osienski thanked the governor for listening to the voice of the people.

"After five years of countless meetings, debates, negotiations and conversations, I'm grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use. We know that more than 60% of Delawareans support the legalization of marijuana for adult recreational use, and more than two-thirds of the General Assembly agreed," he said in a Friday afternoon statement. "After five years of countless meetings, debates, negotiations and conversations, I'm grateful we have reached the point where Delaware has joined a growing number of states that have legalized and regulated adult recreational marijuana for personal use," Osienski said.

"I understand the governor's personal opposition to legalization," he continued, so I especially appreciate him listening to the thousands of residents who support this effort and allowing it to become law. I am committed to working with the administration to ensure that the effort to establish the regulatory process goes as smoothly as possible."

While legalization is in effect now, having a working system of legal marijuana commerce in place is more than a year down the road even though House Bill 2 becomes law Wednesday. The state will issue up to 30 retail marijuana licenses, 30 manufacturing licenses, 60 commercial cultivation licenses, and five testing licenses,but none of them before August 2024. Between now and then, state officials will be adopting regulations for the nascent industry and evaluating applications.

The new law contains social equity provisions with social equity licenses going to people who have lived at least five of the last 10 years in "a disproportionately impacted area" or who have or have family members who have previous marijuana convictions (except for delivery to a minor or possession of very large quantities). In another bid to promote equity in the industry, it also includes provisions for "microbusiness" licenses.

There is no provision for home cultivation.

Still, the members of the Delaware Cannabis Policy Coalition, who have been working with lawmakers for years to get this done, pronounced themselves pleased.

"With this move, Delawareans can finally celebrate the long-awaited end of cannabis prohibition!," said Toi Hutchinson, president and CEO of the Marijuana Policy Project in an emailed statement. "We applaud Gov. Carney for not standing in the way of progress. With every new state that rises to the challenge and legalizes cannabis, we are one step closer to ending cannabis prohibition nationwide."

"After years of advocacy, collaboration, and grassroots organizing, we are thrilled to see cannabis legalization become a reality in our state. This victory is a result of the tireless work of thousands of volunteers, dozens of lawmakers, and with the support of a huge majority of our Delaware community. So many have championed this righteous cause and recognized the need for sensible cannabis policy reform," said Delaware NORML Executive Director Laura Sharer.

"This is a significant step towards creating a fair system that respects personal freedom, promotes public health and safety, generates economic growth, and addresses social justice issues. Delaware lawmakers have taken a progressive and equitable approach to cannabis policy," said Sharer.

"We are incredibly grateful for the hard work of all of the Delaware Cannabis Policy Coalition, all the state legislators who voted to make this happen, including every single one that we have endorsed, with special thanks to Rep. Ed Osienski who has been leading this crusade for a decade," said Jonathan Tate, co-chair of the Delaware Democratic Socialists of America. "Cannabis legalization is exactly the type of revolutionary reform that we fight for -- it empowers working-class people to make their own decisions about what they consume and it disempowers the state from punishing, brutalizing, incarcerating, and splitting up families over it."

MN Legalization Pot Bill Set for House Floor Vote, Federal Criminal Justice Reform Bills Filed, More... (4/21/23)

There will be no marijuana law reform in Alabama this year, senior senators introduce a package of criminal justice reform bills, and more.

Colombian President Gustavo Petro was at the White House Thursday to discuss drug policy, among other topics. (Creative Commons)
Marijuana Policy

Alabama Legislative Leaders Dismiss Any Action on Marijuana Legalization. Even as the Alabama Cannabis Coalition demonstrated outside the capitol on Thursday to call for marijuana law reform, Republican House and Senate leaders made clear that reform bills filed this year are going nowhere. "I have zero interest in that legislation coming up," Sen. President Pro Tem Greg Reed said, adding "I don't see any appetite for the legislature being able to modify or change expanding anything associated with marijuana in this session." House Speaker Nathaniel Ledbetter also said those bills won't come up in the House. Indeed, they have not even been scheduled for committee.

Minnesota Marijuana Legalization Bill Gets House Floor Vote Monday. After a final committee vote in the House Ways and Means Committee this week, the House version of the state's marijuana legalization bill, House File 100, is set for a House floor vote Monday. The Senate version of the bill is also nearing the finish line, with just one more committee vote remaining before it, too, heads for a floor vote. The bills are expected to pass in both chambers and then be signed into law by Gov. Tim Walz, who also supports legalization.

Criminal Justice

Durbin, Grassley Reintroduce Criminal Justice Reform Bills. Senate Majority Whip Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), the lead sponsors of the landmark First Step Act (FSA), reintroduced three pieces of criminal justice reform legislation today to further implement the FSA and advance its goals. The First Step Act, which was signed into law in 2018, is bipartisan criminal justice reform legislation designed to make our justice system fairer and our communities safer by reforming sentencing laws and providing opportunities for those who are incarcerated to prepare to reenter society successfully. On Thursday, Durbin and Grassley reintroduced the First Step Implementation Act, the Safer Detention Act, and the Terry Technical Correction Act.

The first bill allows courts to apply the FSA sentencing reform provisions to reduce sentences imposed prior to the enactment of the FSA and broadens the safety valve provision to allow courts to sentence below a mandatory minimum for nonviolent controlled substance offenses, if the court finds the defendant's criminal history over-represents the seriousness of the defendant's criminal record and the likelihood of recidivism. The second bill would reform the Elderly Home Detention Pilot Program and compassionate release by clarifying that good conduct credits should be included in the calculation of time served and expanding eligibility to include nonviolent offenders who have served at least 50 percent of their terms of imprisonment. The third bill clarifies that all offenders who were sentenced for a crack cocaine offense before the Fair Sentencing Act of 2010 can apply for its retroactive application under Section 404 of the First Step Act, including individuals convicted of the lowest level crack offenses.

Foreign Policy

US and Colombian Presidents Issue Statement After White House Meeting. President Joseph R. Biden, Jr. of the United States and President Gustavo Petro Urrego of the Republic of Colombia met Thursday to advance bilateral cooperation on issues of mutual interest, including climate change, clean energy transition, migration, drug trafficking, and peace. President Biden reiterated his support for President Petro's peace efforts, and for rural and agricultural development in Colombia, as essential to effectively advance the implementation of the 2016 Peace Agreement in its international accompaniment of the accord's Ethnic Chapter.

On drugs, Biden and Petro committed to a holistic approach to address the harmful impacts of drug use and drug trafficking on both our peoples' health, safety, the environment, the economy, rule of law, and the strength and transparency of democratic institutions. They vowed to redouble efforts in terms of demand reduction through science-based prevention, harm reduction, treatment, and recovery support. They did not address Petro's oft-stated critique of US prohibitionist drug policy.

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