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)

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.

A British parliamentary committee is calling on the government to reinstate festival drug checking, Texas harm reduction activists protest Gov. Greg Abbott's regressive drug policies, and more.

More than a thousand Mexican soldiers are being deployed to the cartel-ridden state of Michoacan. (Creative Commons)

Reform Groups Respond to HHS Recommendation to Reschedule Marijuana. The Department of Health and Human Services' (HHS) announcement that it was formally recommending moving marijuana from Schedule I to Schedule III of the Controlled Substances Act has excited considerable commentary and varied reactions from the reform community. Here, thanks to Marijuana Moment, are the reactions from several groups. For more, as well as reaction from political figures, click on the link above:

NORML Deputy Director Paul Armentano

"The goal of federal cannabis policy reform ought to be to address the existing, untenable chasm between federal marijuana policy and the cannabis laws of the majority of U.S. states," Armentano told Marijuana Moment on Wednesday.

"Rescheduling the cannabis plant to Schedule III of the US Controlled Substances Act fails to adequately address this conflict, as existing state legalization laws—both adult use and medical—will continue to be in conflict with federal regulations, thereby perpetuating the existing divide between state and federal marijuana policies," he said.

US Cannabis Council (USCC) Executive Director Edward Conklin

"The US Cannabis Council enthusiastically welcomes today’s news. President Biden and his Administration recognized that cannabis was wrongly classified as a Schedule I controlled substance, and they are delivering on their promise to change it," Conklin said. "We believe that rescheduling to Schedule III will mark the most significant federal cannabis reform in modern history. President Biden is effectively declaring an end to Nixon’s failed war on cannabis and placing the nation on a trajectory to end prohibition.

"Rescheduling will have a broad range of benefits, including signaling to the criminal justice system that cannabis is a lower priority and providing a crucial economic lifeline to the cannabis industry by lifting the 280E tax burden. State licensed cannabis businesses of all shapes and sizes will benefit from this historic reform," he said. "We urge the DEA to proceed with rescheduling cannabis with all reasonable speed."

Marijuana Policy Project (MPP) Director of State Policies Karen O’Keefe

"We are encouraged by the recommendation made by the Dept. of Health and Human Services for a more sensible and realistic scheduling for cannabis," O’Keefe said. "Given that over half the US population lives in medical cannabis states and millions of Americans are finding relief with cannabis products, it is long past due for the federal government to acknowledge cannabis’ medical value."

"Unfortunately, moving cannabis to Schedule III will still leave many of the harms of federal prohibition in place," she said. "However, today’s news is a step in the right direction and will deliver real benefits, including facilitating increased research and reducing burdens on medical cannabis patients and the businesses that serve them."

Drug Policy Alliance (DPA) and Parabola Center’s Cat Packer

we recognize that a shift to schedule III would be significant in a number of ways," Packer told Marijuana Moment, noting how the reform would remove research barriers and allow marijuana businesses to "make normal business deductions."

However, she said that the rescheduling action "would fall woefully short of the promises made by President Biden during his 2020 presidential election campaign, especially promises made to Black and Brown communities."

"It does not address the underlying criminalization of marijuana, even just for personal use and possession—which President Biden has already acknowledged as a failure that disproportionately impacts Black and Latino communities," Packer said. "If the Biden Administration is seriously committed to ending the Country’s failed approach on marijuana and righting the wrongs of marijuana criminalization including addressing the disproportionate impacts of criminalization on Black and Latino communities, Biden should support decriminalization and a new approach to federal cannabis policy that actually promotes fairness and justice."

National Cannabis Industry Association (NCIA) CEO Aaron Smith

"Moving cannabis to schedule III could have some limited benefit but does nothing to align federal law with the 38 U.S. states which have already effectively regulated cannabis for medical or adult use," Smith said. "The only way to fully resolve the myriad of issues stemming from the federal conflict with state law is to remove cannabis from the Controlled Substances Act and regulate the product in a manner similar to alcohol.""The vast majority of Americans live in states with laws that depart from federal law on this issue and where thousands of regulated Main Street businesses are serving the legal cannabis market safely and responsibly," he said. "It’s long past time for Congress to truly harmonize federal policy with those states."

Harm Reduction

Texas Activists Rally Outside Governor's Mansion to Protest Abbott's Harm Reduction and Overdose Policies. Texas activists marked International Overdose Awareness Day Wednesday by rallying in front of the governor's mansion in downtown Austin to call out Gov. Greg Abbott (R) for his regressive policies around harm reduction and overdose prevention.

The state has seen a 30 percent increase in fentanyl-related overdose deaths from 2021 to 2022, but Abbott has failed to push for measures that could alleviate the crisis, such as House Bill 362, which would have legalized fentanyl test strips. While that bill passed the House, it failed to advance out of the Senate.

Instead of taking up harm reduction and overdose prevention measures, Abbott has urged the legislature to crack down on trafficking, including a February move declaring fentanyl an emergency. He also directed lawmakers to label fentanyl overdoses "poisonings" and prosecute them as murder.

The protest was organized by VOCAL-TX, an activist and harm reduction organization.

International

UK Home Office Urged to Reinstate Festival Drug Checking. The House of Commons Home Affairs Committee issued a report Thursday urging the Home Office to reinstate music festival drug checking, which had been a regular part of the festival scene in recent years until the Tory government suddenly demanded drug checkers be licensed earlier this summer. The Home Affairs Committee report also urged members of Parliament to grant necessary licenses to local authorities to allow drug checking to go forward in a bid to reduce overdoses.

A licensing plan should be in effect by next summer, the report urged. This summer, festival organizers were hit with last-minute notices that they needed licenses only hours before festivals began. Those licenses came with a $3,500 fee and could take months to process.

"Back of house testing has been operating at festivals for a number of years through memorandums of understanding between local stakeholders, including the police and local authorities," the report said. "The primary aim of drug checking is to reduce drug-related harms. This is done through the provision of healthcare advice from medical professionals to the individuals who have submitted samples and/or via the dissemination of health warnings to the wider public— for example, to festival-goers. Countries, such as, the United States, Switzerland, Spain, Portugal, New Zealand, the Netherlands, Italy, Germany, Canada, Austria and Australia have established drug checking services."

But the Tory Home Office is having none of it: "There is no safe way to take illegal drugs, which devastate lives, ruin families and damage communities, and we have no plans to consider this," it said in response to the report. "Our 10-year drugs strategy set out ambitious plans, backed with a record £3 billion funding over three years to tackle the supply of illicit drugs through relentless policing action and building a world-class system of treatment and recovery to turn people’s lives around and prevent crime."

Mexico Deploys 1,200 More Troops to Conflict-Ridden Michoacan. The Mexican government said Monday it sent 1,200 more troops to the cartel-dominated western state of Michoacan after a weekend of violence. State prosecutors said three convenience stores and five trucks and cars had been set afire, a tactic often used by drug cartels in the state to block roads and enforce extortion demands. Prosecutors said three men and three youths aged 16 and 17 were arrested in the attacks.

The soldiers are being deployed to the cities of Apatzingan, Buenavista, and Uruapan. In Buenavista, lime growers and farmers are complaining of extortion by the cartels, and in Apatzingan, cartel extortion has nearly doubled the price of basic goods. Similar conditions a decade ago sparked the rise of civilian vigilante groups, but those have since faded away or been infiltrated by the cartels themselves. 

Republican presidential contenders burnish their anti-drug reform credentials, and more.

There is some tarnish on that DEA badge after a new Justice Department Office of the Inspector General report. (DEA.gov)

DeSantis Doubles Down on Opposition to Marijuana Legalization. Florida Gov. Ron DeSantis, a 2024 Republican presidential contender, reaffirmed his opposition to marijuana legalization as he campaigned in Iowa on Saturday. He argued—contrary to the facts—that legalization has increased the size of the black market in Colorado, the first state to legalize it.

Responding to a question about children experiencing "cannabis inducted psychosis," DeSantis clarified that he "would not legalize" in an echo of earlier comments on the topic. "I think what’s happened is this stuff is very potent now. I think when young people get it, I think it’s a real, real problem, and I think it’s a lot different than stuff that people were using 30, 40 years ago," DeSantis said. "I think when kids get on that, I think it causs a lot of problems and then, of course, you know, they can throw fentanyl in any of this stuff now."

While fentanyl has been encountered as a contaminant in various powder drug substances, every case of alleged fentanyl contamination of marijuana has so far been shown to be false. It, too, is a white powder, which could not be easily disguised in marijuana buds.

He also said he would opposed a proposed marijuana legalization initiative poised to make the ballot in Florida. "I would not do that," DeSantis said on Saturday. "And the places that legalized it like Colorado and California, you know, the argument was—and honestly it wasn’t a crazy argument—’Look, we know people are going to use marijuana. It is a drug. If you legalize it, then you can tax it, regulate it, and it’s going to end up being safer for people."But what’s happened in Colorado, the black market for marijuana is bigger and more lucrative than it was before they did the legalization," the governor said. "So the legalization I don’t think has worked."

But one report on the marijuana industry in Colorado found to the contrary that 99 percent of marijuana sales in the state took place within the legal framework.

Foreign Policy

Nikki Haley Calls for Siccing US Special Forces on Mexican Cartels in Mexico..Former UN Ambassador and current Republican presidential contender Nikki Haley has doubled down on earlier calls to use US military forces inside Mexico to go after Mexican drug trafficking organizations.

"When it comes to the cartels, we should treat them like the terrorists that they are," Haley said. "I would send special operations in there and eliminate them just like we eliminated ISIS and make sure that they know there's no place for them. If Mexico won't deal with it, I'll make sure I deal with it," she added.

Mexican President Andres Manuel Lopez Obrador has firmly rejected any use of US military forces inside Mexico.

Haley also took aim at China for its role in the production of fentanyl, saying the US president has to "go to the true source" of the problem. "China knows exactly what they're doing when they're sending that fentanyl across the border. And we need to tell them we will stop all normal trade relations with you until you stop killing Americans," Haley said. "We lost 75,000 Americans last year, and we can't continue to allow that to happen."

Law Enforcement

DEA Hired "Legacy" Job Applicants Despite Failed Lie Detector Tests. According to a new report from the Justice Department's Office of the Inspector General (OIG), the Drug Enforcement Administration (DEA) has hired dozens of job applicants who failed lie detector tests as its polygraph unit faced pressure to approve "legacy" candidates related to senior officials.

Besides favoritism toward friends and family members of DEA officials, the report found that agency bosses ignored admissions of criminal behavior that should have been reported for further investigation, including one case where the applicant "admitted to pedophiliac tendencies" during the lie detector exam.

Also providing evidence about DEA lie detector practices is an agency whistleblower who has filed a federal lawsuit alleging misconduct within the DEA. The whistleblower alleged that when the pedophiliac applicant made his incriminating statements, supervisors pooh-poohed them, saying "there was nothing that could be done" and that the whistleblower "would be liable" for making an anonymous complaint to local law enforcement.

In a letter sent to DEA Administrator Anne Milgram last week, the OIG said it had "identified numerous concerns," including the use of loopholes to avoid complying with a policy enacted in 2019 that specifically bars the agency from hiring applicants who fail a polygraph or show signs of "countermeasures" to cheat the test.

(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.)

Mexican drug cartels are increasingly resorting to IEDs, a push for marijuana legalization is underway in Costa Rica, and more. 

Medical marijuana could be coming soon to Uganda. (Creative Commons)

Ohio Health Departments Join Opposition to Marijuana Legalization Initiative. The Ohio Association of Health Commissioners, which represents the state's 112 local health departments, has joined the opposition to the marijuana legalization initiative from the Coalition to Regulate Marijuana Like Alcohol that will appear on the November ballot.         

The measure would allow people 21 and over to possess up to 2.5 ounces of pot and grow up to six plants, as well as setting up a system of taxed and regulated legal marijuana commerce.

An association representing Ohio’s 112 local health departments is opposing a marijuana legalization ballot measure set to go to voters in November, claiming the policy change would only contribute to drug-related problems in the state.

"Making marijuana more accessible through legal recreational use and retail sales hurts Ohio, creates serious new risks for children’s health and makes our workplaces and highways less safe," the association warned in a statement Tuesday. "With Ohio’s rates of opiate abuse and overdoses still among the highest in the country, we need to be helping Ohio find solutions to addiction, not facilitating it or the interests of an industry that profits from it."

The association joins with Gov. Mike DeWine (R) and the state's Republican political establishment in opposing the initiative, but a poll last month suggests they are out of touch with Buckeye state voters. That poll, from Suffolk University, had support for legalization at 59 percent.

International

Costa Rica Lawmakers Divided on Revised Recreational Marijuana Bill. A bill to legalize marijuana lost a vote in the Assembly's Environmental Commission, but will proceed to an Assembly floor vote anyway.

After several months on hold, the Environmental Commission of the Legislative Assembly will resume discussions this week on the bill to legalize recreational marijuana in the Costa Rica.

The proposal was rejected by the majority of the commission members, which includes three from the PLN  and two from the New Republic parties. This was confirmed by Manuel Morales, a member of the ruling party.

"There are five votes against," said Manuel Morales, a member of the ruling party.  "We have already prepared the minority report to be presented to the Plenary. Some of the substitute text includes their suggestions, but they are going to vote against it," he added. "When it reaches the Plenary, I believe it can be approved. It may be tight, but I think some members of the National Liberation party will support it," Morales stated.

The bill would legalize adult use marijuana, with regulations similar to those governing tobacco smoking, including no smoking in public. The revised bill would reallocate tax revenues from the legal marijuana market upon request of the ministries of health and security or the Drug Control Institute.

Mexican Army Says Drug Cartels Are Increasing Use of Roadside Bombs. The Army said Tuesday that drug trafficking organizations have increased their use of roadside bombs or improvised explosive devices (IEDs) this year, with at least 5 security force members killed and 42 police, soldiers, and suspects wounded.

The five members of the security forces killed included four state police officers and one National Guard officer.

The Army noted that the use of bomb-carrying drones has also increased. Before 2020, there were no drone attacks; this year there have been 260 so far.

The number of car bombs has also increased, from one last year to six so far this year.

So far, 556 IEDs of all types—roadside, drone-borne, and car bombs—have been found this year. More than 2,000 have been discovered since President Andres Manuel Lopez Obrador in 2018, with more than half of those in the state of Michoacan, which has been the scene of continuing violence between the rival Sinaloa and Jalisco New Generation cartels.

Uganda Parliament Passes Drug Law That Legalizes Medical Marijuana. The parliament on Tuesday approved the Narcotics and Psychotropic Substances Control Bill, which will now allow for the licensed cultivation and use of marijuana for medicinal purposes. The bill also legalizes the medicinal use of  khat, a plant native to Yemen and East Africa that acts as a mild stimulant.

"Under a highly controlled legal regime, the international obligations notwithstanding, the two plants (cannabis and Khat should only be allowed for cultivation and usage strictly for medical purposes and research," said Hon Kajwengye.

"The committee posits that all licences and permits to be issued under this Act should centrally be issued by the Ministry responsible for Health since the permission to use narcotic drugs and psychotropic substances is restricted to only medical purposes; the Ministry of Internal Affairs should remain the enforcement arm of the Government," said Hon. Kajwengye.