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Another Fed Court Rules Marijuana Gun Bans Unconstitutional, WA Drug Sentencing Bill Advances, More... (4/10/23)

Maryland is just the governor's signature away from having a system of taxed and regulated marijuana commerce, Minnesota lawmakers fold a psychedelic task force bill into a must-pass healthcare omnibus bill, and more.

A Washington state bill would allow jail terms of up to a year for drug possession (Creative Commons)
Marijuana Policy

Another Federal Court Rules Banning Marijuana Consumers from Possessing Guns is Unconstitutional. The US District Court for the Western District of Texas has ruled that banning marijuana users from possessing firearms is unconstitutional. The decision comes on the heels of a February ruling in the US District Court for the Western District of Oklahoma that also found the gun ban unconstitutional.

Both decisions come in the wake of a controversial Supreme Court ruling last year that makes it more difficult to restrict gun access. The Justice Department is already set to argue a similar case in the US 5th Circuit Court of Appeals. The Texas case involves a woman who was charged with firearms offenses after she admitted being a marijuana consumer, but who was never charged with a marijuana offense.

"The longstanding prohibition on possession of firearms by felons requires the Government to charge and convict an individual before disarming her," the court held. "In short, the historical tradition of disarming 'unlawful' individuals appears to mainly involve disarming those convicted of serious crimes after they have been afforded criminal process," the ruling continues. "Section 922(g)(3), in contrast, disarms those who engage in criminal conduct that would give rise to misdemeanor charges, without affording them the procedural protections enshrined in our criminal justice system. The law thus deviates from our Nation's history of firearm regulation."

Maryland Marijuana Legal Sales Bills Go to Governor. Both the House and the Senate have now passed bills that would launch a system of taxed and regulated marijuana commerce in the state. The bills are now on the desk of Gov. Wes Moore (D), who is expected to sign them. The bills set a marijuana retail sales tax at 9 percent and directs most of the revenues to communities damaged by the war on drugs. It also sets fees for medical marijuana businesses to convert to recreational marijuana licenses, limits the number of licenses a business can own, and sets terms for social equity applicants, who will be able to obtain licenses when a second round is awarded in January.

Psychedelics

Minnesota Lawmakers Include Psychedelic Provisions in Omnibus Health Bill. Lawmakers have folded a bill that would create a psychedelics task force to prepare the state for possible legalization, House File 1884, into a larger, must-pass omnibus health care bill. The action was taken last week by the House Health finance and Policy Committee, which adopted an author's amendment to the omnibus bill that added a revised version of the psychedelics measure. If the bill passes, the Psychedelic Medicine Task Force would be charged with advising lawmakers on "the legal, medical, and policy issues associated with the legalization of psychedelic medicine in the state." The omnibus bill must still be approved the Ways and Means Committee before heading for a House floor vote.

Drug Policy

Washington Bill to Make Drug Possession a Gross Misdemeanor Wins House Committee Vote. After a 2021 state Supreme Court decision invalidated the state's felony drug possession law, the legislature has scrambled to come up with an alternative, and now, a bill that would make simple drug possession a gross misdemeanor, Senate Bill 5536, has passed the Senate and won a vote in the House Appropriations Committee. The bill will allow police to arrest drug possessors on a first offense, but also give them full discretion to divert offenders. The maximum sentence for a gross misdemeanor is one year in jail. The bill also allows drug charges to be wiped from someone's record if he commits no new offenses in a year, even if they have not completed drug treatment.

China Rebukes US on Fentanyl Crisis, Cleveland Mayor Will Seal Thousands of Cannabis Conviction Records, More... (4/7/23)

Michigan's former GOP House Speaker pleads guilty to marijuana bribery, a natural psychedelic legalization bill is filed in Uruguay, and more.

enough fentanyl to kill you (DEA)
Marijuana Policy

Indiana Democrat Forces Marijuana Legalization Vote: GOP Lawmakers Defeat It. After years of being unable to get the Republican-dominated state legislature to consider marijuana legalization, one Democratic lawmaker came up with a creative way to get the issue heard. Rep. Justin Moed filed an amendment to Senate Bill 20, which addresses rules for businesses that sell alcohol and hemp products, that would strike language defining hemp as cannabis containing no more than 0.3 percent THC. By removing that language, the bill would have effectively legalized marijuana, with the regulations for hemp applying to any cannabis product. That amendment was defeated, but not before six Republican representatives joined Democrats in supporting it, demonstrating a hint of bipartisan support for legalization.

Former Michigan GOP House Speaker Pleads Guilty to Taking Bribes from Marijuana Company. Former Republican House Speaker Rick Johnson was one of four people who pleaded guilty Wednesday to bribery in a case where a medical marijuana company seeking a license paid him more than $110,000 to ensure it got its license. The other three defendants were the owner of the company and two lobbyists working with yet another company. Johnson, who left the speakership in 2004, was chairman of the state marijuana licensing board at the time the scheme occurred.

Cleveland Mayor Plans to Expunge Thousands of Marijuana Arrest, Conviction Records. Cleveland Mayor Justin Bibb (D) announced Tuesday that the city will move forward with sealing thousands of marijuana records. The move comes after a state law allowing municipalities to process mass relief took effect. The mayor said there would be about 4,000 marijuana expungements for Cleveland citizens. Mayor Bibb sought to implement a mass marijuana clemency last year, only to be told by state officials that local officials did not have that authority. So he then worked with legislators to pass that state bill.

Foreign Policy

China Blames US for American Fentanyl Problem; Supports Mexico Against GOP Threats. In response to a letter from Mexican President Andres Manuel Lopez Obrador seeking Chinese help in quelling the illicit fentanyl trade, a Chinese foreign ministry spokesperson placed the blame for the fentanyl crisis squarely on the US. "The root cause of the overdose lies in the US itself. The problem is completely 'made in USA, '"the foreign ministry's Mao Ning said at a press briefing Thursday. "The US needs to face up to its own problems, take more substantial measures to strengthen domestic regulation and reduce demand. It cannot relapse into the illness of 'letting others take the pill when it is sick,' she added.

In his letter, Lopez Obrador falsely claimed that the drug is produced in China and only transits through Mexico, but US officials and independent observers say precursor chemicals are sent from China to Mexico, where the fentanyl is then produced in underground laboratories. And that gave China an opening to deny a role in the crisis.

"There is no such thing as illegal trafficking of fentanyl between China and Mexico," Mao said. "We two countries have a smooth channel of counternarcotics cooperation, and the competent authorities of the two countries maintain sound communication. China has not been notified by Mexico on the seizure of scheduled fentanyl precursors from China," she added.

Mao rebuked the US for threats by GOP lawmakers to unleash military force against Mexican cartels in Mexico, but also called on Mexico to step up its anti-drug efforts. "China firmly supports Mexico in defending independence and autonomy and opposing foreign interference and calls on the elevant country to stop hegemonic practices against Mexico. At the same time, we hope the Mexican side will also take stronger counternarcotics actions," Mao said.

International

Uruguay Natural Psychedelic Legalization Bill Filed. Led by Sen. Juan Sartori, the National Party is getting behind a bill that would legalize natural psychedelics for therapeutic use under a psychiatrist's supervisions. The substances that would be legalized include psilocybin, psilocin, ibogaine, and DMT. The National Party, a center-right formation, is the current governing party in Uruguay.

NH House Approves Marijuana Legalization Bill, Federal Smart Sentencing Act Filed, More... (4/6/23)

An Arkansas marijuana legalization bill gets filed, the German health minister says the government's marijuana legalization bill will be revealed after Easter, and more.

Afghan opium poppies. The Taliban says it is eradicating them this year. (UNODC)
Marijuana Policy

Arkansas Marijuana Legalization Bill Filed. Just months after state voters defeated a marijuana legalization initiative by 10 points, Sen. Claude Tucker (D-Little Rock) has filed a marijuana legalization bill, Senate Bill 580. The bill would legalize the possession of up to two ounces and undo the sentence of anyone convicted for possession of less than two ounces. It would also allow for the expungement of past felony convictions for less than two ounces of marijuana and release from correctional supervision anyone on probation or parole for possession of less than two ounces. The bill has no provisions for taxed and regulated marijuana commerce.

New Hampshire House Approves Marijuana Legalization Bill. For the second time this session, the House has approved a marijuana legalization bill, House Bill 639. The bill had passed the House in February, but had to go back to the House Ways and Means Committee before returning to the floor for final passage. It would legalize the possession of up to four ounces and create a system of taxed and regulated legal marijuana commerce. The bill would allow localities to limit or ban pot businesses in their jurisdiction. It now goes to the Senate.

Sentencing Policy

Bipartisan Smart Sentencing Act Introduced. US Senator Tim Kaine (D-VA) joined Senators Dick Durbin (D-IL) and Mike Lee (R-UT) on Tuesday in introducing the Smarter Sentencing Act. The bill lowers certain mandatory derug sentences, but does not repeal any mandatory minimum sentence and does not lower any maximum sentence. This approach reserves the option to dole out the harshest penalties where circumstances warrant, while allowing judges to moderate sentences based on individual circumstances. These changes do not apply to penalties for violent offenses.

International

Taliban Says Opium Eradication Campaign Has Begun. Local officials in Herat province have begun a campaign to destroy poppy fields, in line with official pronouncements by the Taliban banning opium production. "Our operation is underway and hundreds of acres of land have been cleared of poppy in different districts," head of the counter narcotics department of Herat Hayatullah Rouhani said. Eradication campaigns are also ongoing in Ghor, Badghis, Nimroz and Farah provinces. It is expected that poppy fields in the west of the country will be destroyed ahead of the harvest season. Farmers are calling on the government to assist them by providing alternative crops to replace opium poppies.

German Health Minister Says Marijuana Legalization Bill to Be Released After Easter. Health Minister Karl Lauterbach said Wednesday the long-awaited marijuana legalization bill will be released "immediately after Easter." Details on the bill remain unclear, however. But that isn't stopping some members of the governing coalition from expressing concern about reported decisions to reduce the scope of legalization.

Kentucky Becomes 38th Medical Marijuana State [FEATURE]

With the signature of Gov. Andy Beshear (D) on Senate Bill 47 last Friday, Kentucky became the 38th state to make medical marijuana legal. The legislature had balked for years on medical marijuana, but Beshear pushed hard for it since he took office in late 2019.

In the face of continuing legislative inaction, Gov. Beshear formed the Team Kentucky Medical Cannabis Advisory Committee in June 2022 to travel the state and listen to Kentuckians' views on the topic. On Sept. 30, 2022, the Governor released the summary from the committee that proved Kentuckians agree that it is past time for the commonwealth to take action on legalizing medical cannabis.

Last fall, Beshear turned up the heat on the legislature by signing an executive order providing access to medical marijuana for Kentuckians who suffer from at least one of 21 medical conditions, including cancer, multiple sclerosis, post-traumatic stress disorder, muscular dystrophy and terminal illness. Beshear then worked with lawmakers this session to push for full legalization of medical marijuana, arguing it would further provide relief for those suffering, fuel job growth, and help support the state's farmers. And now, those efforts have paid off.

"In November, I signed an executive order to help Kentuckians with certain medical conditions, like our veterans suffering from PTSD, find safe and effective relief through medical cannabis," Beshear said. "Now, I am finally able to sign this legislation into law and fully legalize medical cannabis -- something the majority of Kentuckians support."

He wasn't the only one basking in the glow of victory.

"I am very happy to be here with friends to celebrate this special day. The signing of SB 47 comes after about five years of hard-fought legislative efforts," said bill sponsor Sen. Stephen West (R-Paris). "This bill is how the legislative process should work. Senate Bill 47 is probably one of the most vetted bills in the history of the General Assembly, going through numerous committees being worked and reworked numerous times. I am proud to be a part of that effort."

"It is a true honor to be here today to celebrate this momentous legislation. For far too long, we have had to depend on the pharmaceutical companies pushing substances that have been a bane to rural Kentucky. I come from Eastern Kentucky, and I have seen firsthand the devastation that opioids have brought on my region," said Sen. Phillip Wheeler (R-Pikeville). "I came here late to the issue, but I am glad I jumped on board and was able to play a small part in getting it over the finish line."

"This is how it is supposed to be done. I am filled with emotion. There are thousands and thousands of Kentuckians who just want to be and want to feel better. This will help them with that," said Rep. Jason Nemes (R-Louisville), the majority whip. "This is such a good bill because there will be tens of thousands of Kentuckians who will never know our names, who have never walked these halls, but will be helped. I am happy to have played a small part in that."

The Marijuana Policy Project (MPP) also pronounced itself pleased.

"Kentuckians who are suffering will finally be able to have access to safe, legal medical cannabis. We applaud the Kentucky legislature for recognizing the value of medical cannabis and passing legislation that will help provide relief and meet the needs of patients with serious medical conditions throughout the state, and are also grateful for the governor's championing of this compassionate issue," said Karen O'Keefe, MPP director of state policies.

The new law will go into effect on January 1, 2025, with regulations due to be in place by July 1, 2024. In the meantime, the executive order allowing for medical marijuana use will remain in effect, and residents can purchase medical marijuana out of state as well.

The new law will allow for the use of raw marijuana. It cannot be smoked, but vaping will be allowed. Patients will be allowed to keep a 30-day supply at home and a 10-day supply while traveling, with definitions to be provided by state regulators. Home cultivation will not be allowed.

The Cabinet of Health and Family Services will oversee the implementation, operation, oversight, and regulation of the medical program, while a nine-member Board of Physicians and Advisors will have prescriptive authority. It will make recommendations, including regarding how much cannabis constitutes a 10-day and 30-day supply, adding or removing qualifying conditions, and performance standards for medical cannabis businesses. And medical marijuana will be subject to state sales and excise taxes.

Welcome to the club, Kentucky.

Medical Marijuana Update

Kentucky becomes the 38th state to embrace medical marijuana.

Kentucky

Kentucky Becomes 38th State to Legalize Medical Marijuana. Gov. Andy Beshear last Friday signed into law Senate Bill 47, making the state the 38thto allow for the medicinal use of marijuana. The bill will allow patients with specified medical conditions, including cancer, chronic pain, epilepsy and post-traumatic stress disorder to obtain a doctor's recommendation to use cannabis medicinally. The bill does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaporization. Other marijuana formulations including capsules, tinctures and topical products are also authorized by the bill. Patients will be permitted to possess a 10-day supply of cannabis on their person and a 30-day supply at home. It will be up to the Cabinet for Health and Family Services to draft and put into place regulations for the production and sale of medical marijuana.

GOP Pounding War Drums on Mexican Cartels, MN Legal Pot Bill Draws Near to Floor Votes, More... (4/5/23)

A Florida marijuana legalization initiative looks well placed to meet its signature gathering threshold, a pair of GOP senators introduce a bill designating Mexican drug cartels as terrorist organizations, and more.

If reelected, former President Donald Trump is hankering for military action against Mexican drug cartels. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Two-Thirds of the Way There on Signatures. Supporters of a proposed marijuana legalization initiative in the form of a constitutional amendment are more than two-thirds of the way to coming up with enough valid voter signatures to qualify for the 2024 ballot. According to the state Division of Elections, the campaign had 635,961 valid signatures as of Tuesday, with 891,589 needed to qualify. And it has until February 1, 2024 to come up with the remaining signatures.

Minnesota Marijuana Legalization Bill Wins Senate Committee Vote. The Senate Rules and Administration Committee on Tuesday approved the marijuana legalization bill,  Senate File 73. The legislation, which has passed through more than 20 House and Senate committees, is now nearing floor votes. In the Senate, it must pass only two more panels before heading for a floor vote. Both the Senate and House bills have been amended numerous times throughout this process, with lawmakers working to incorporate public feedback, revise policies around issues like tax structures for the market and tighten up language.

Psychedelics

Massachusetts GOP Legislator Files Three Psychedelic Reform Bills. Rep. Nicholas Boldgya (R) has filed three bills aimed at loosening restrictions on various psychedelic substances. House Bill 3574 would allow prescription medications containing MDMA. House Bill 3589 would legalize psychedelics from natural plants and fungi. House Bill 3605 would legalize the therapeutic, spiritual, and medicinal use of psilocybin or magic mushrooms. "People are suffering from debilitating mental health issues such as PTSD, traumatic brain injury, anxiety, and depression. These psychedelic compounds and plant medicines are offering hope and healing to those that were once hopeless," Boldyga said. The war on drugs has had "disastrous consequences," he added, including deterring society from benefiting from medically useful substances.

Foreign Policy

GOP Senators File Bill Designating Mexican Drug Cartels as Terrorist Organizations. Sen. John Kennedy (R-LA), a member of the Senate Judiciary Committee, today joined Sen. Lindsey Graham (R-SC) in introducing the Ending the Notorious, Aggressive and Remorseless Criminal Organizations and Syndicates (NARCOS) Act of 2023 to designate Mexican drug cartels as foreign terrorist organizations. The legislation would also create a task force for the purpose of eliminating the threat that cartels and drug trafficking, particularly fentanyl, pose to American citizens. By designating drug cartels as foreign terrorist organizations, the US government would have authority to prosecute individuals for drug and human trafficking. America could also use extraterritorial jurisdiction to target and prosecute foreign nationals involved with Mexican cartels or other transnational criminal organizations. The bill names the following groups as meriting the terrorist designation: the Sinaloa Cartel, the Jalisco New Generation Cartel, the  Gulf Cartel, the Los Zetas Cartel, the Northeast Cartel, the Tijuana Cartel, the Beltray-Leyva Cartel, and La Familia Michoacana.

Donald Trump Seeking Plan to Wage War on Cartels in Mexico. The recently indicted ex-president, who is now campaigning for the GOP presidential nomination in 2024, has been asking policy advisors for a range of military options for attacking Mexican drug cartels, including military actions not sanctioned by the Mexican government—which the Mexicans are likely to see as acts of war. He has been briefed on options that include US troop deployments on Mexican territory and unilateral military strikes. "'Attacking Mexico,' or whatever you'd like to call it, is something that President Trump has said he wants 'battle plans' drawn for," said one source close to Trump. "He's complained about missed opportunities of his first term, and there are a lot of people around him who want fewer missed opportunities in a second Trump administration."

(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.)

KY Becomes 38th MedMJ State, Bipartisan Federal Reentry Act Introduced, More... (4/3/23)

Minnesota's marijuana legalization bill wins yet another committee vote, a Connecticut psilocybin decriminalization bill heads for a House floor vote, and more.

Medical marijuana dispensaries like this one will soon be coming to the Bluegrass State. (Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins 14th House Committee Vote. The House Tax Committee has become the 14th House committee to approve the marijuana legalization bill, House File100. Approval came on a voice vote last Thursday after the committee adopted a large-scale amendment to overhaul various tax provisions of the legislation, moving away from the legalization plan put forward by Gov. Tim Walz (DFL). Companion legislation is also moving in the Senate, with differences between the two bills to be worked out in conference committee. The bill heads next to the House Ways and Means Committee on Monday. Meanwhile, the Senate version is heading to the Rules and Administration Committee next Tuesday.

Washington Bill Banning Pre-Employment Marijuana Drug Approved by Legislature. Both the House and the Senate have approved a bill, Senate Bill 5123, that would bar employers from taking adverse actions against new hires because of a failed drug test for marijuana. The Senate approved it last month, and the House passed it last week. Because of minor changes in the bill's text in the House, it must go back to the Senate for a concurrence vote this week. Then it will go to the desk of Gov. Jay Inslee (D). "It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person’s use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids."

Medical Marijuana

Kentucky Becomes 38th State to Legalize Medical Marijuana. Gov. Andy Beshear last Friday signed into law Senate Bill 47, making the state the 38th to allow for the medicinal use of marijuana. The bill will allow patients with specified medical conditions, including cancer, chronic pain, epilepsy and post-traumatic stress disorder to obtain a doctor’s recommendation to use cannabis medicinally. The bill does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaporization. Other marijuana formulations including capsules, tinctures and topical products are also authorized by the bill. Patients will be permitted to possess a 10-day supply of cannabis on their person and a 30-day supply at home. It will be up to the Cabinet for Health and Family Services to draft and put into place regulations for the production and sale of medical marijuana.

Psychedelics

Connecticut Psilocybin Decriminalization Bill Wins Committee Vote. The House Judiciary Committee voted last Thursday to send a bill decriminalizing the possession of small amounts of psilocybin, House Bill 6734, to the House floor. Under the bill possessing less than a half ounce of psilocybin or psilocybin-containing mushrooms a ticketable offense with a maximum $150 fine for a first offense. Further offenses would carry fines between $250 and $500 along with a referral to a drug education program.

Drug Policy

Bipartisan Reentry Act Introduced in Senate. US Sens. Tammy Baldwin (D-WI) and Mike Braun (R-IN) introduced bipartisan legislation that expands access to health care, including mental health services and substance use disorder treatment, for Medicaid-eligible individuals 30 days before their release from jail or prison. The Reentry Act would also make it easier for states to provide effective substance use disorder treatment and services, allowing for smoother transitions to community care and a reduced risk of overdose deaths post-release. Just released inmates are at extremely high risk of suffering drug overdoses. "When people serve their time and are working to transition back into the community, it is our responsibility to give them the tools they need to live healthy, successful lives, and that includes health care coverage to help reduce the risk of overdose," said Sen. Baldwin. "The opioid and substance use epidemic impacts every community across the country, but particularly incarcerated individuals who are working to reenter society. I’m proud to work with Democrats, Republicans, law enforcement, and the public health community on this reform to fight against this deadly epidemic and help those reentering our communities do so safely."

House, Senate Bills to Schedule "Tranq" Filed; KY MedMJ Bill Faces Crucial Votes Today, More...(3/30/23)

A State Department drug diplomat heads to Mexico City, the Missouri House gives initial approval to a therapeutic psilocybin study bill, and more.

Shops like this could be popping up soon in Kentucky if a medical marijuana bill passes today. (Creative Commons)
Medical Marijuana

Kentucky Medical Marijuana Bill Advances in House. A bill to legalize medical marijuana in the state, Senate Bill 47, that has already passed the Senate advanced in the House Wednesday just ahead of the final day of the legislative session today. To pass this session, the bill must now clear the House Licensing, Occupations & Administrative Regulations Committee and then pass a House floor vote today. If it does, the bill will go to the desk of Gov. Steve Beshear (D).

Psychedelics

Missouri House Approves Therapeutic Psychedelic Study Bill. The House has voted to approve House Bill 1154, which would require the state to conduct a study on using psilocybin for treating depression, substance use, or in end-of-life care. The bill still needs a final housekeeping vote in the House, but passed overwhelmingly this time. The bill would mandate that the Department of Health and Senior Services (DHSS) provide grants totaling $2 million for the research, subject to lawmakers approving the appropriation. The state would work with a medical center operated by the US Department of Veterans Affairs or with a state university hospital.

Drug Policy

House and Senate Bills Filed to Schedule Xylazine. A bipartisan bill to schedule the animal tranquilizer xylazine as a Schedule III controlled substance was filed in both the House and Senate on Tuesday. The drug, known colloquially as " tranq," is a powerful sedative and the subject of growing concern over its use by opiate and opioid users. While it has opioid-like sedative effects, it is not an opioid, so it does not respond to opiate overdose reversal drugs such as naloxone. It has been associated with soft-tissue wounds and necrosis that can lead to amputation. The DEA recently warned that "xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier."

Foreign Policy

Assistant Secretary for International Narcotics and Law Enforcement Affairs  Todd D. Robinson Travels to Mexico City. Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs (INL) Todd D. Robinson will travel to Mexico City, Mexico March 28-31 to open the U.S.-Mexico Synthetic Drug Conference and meet with INL’s partners in justice and law enforcement. The conference, co-hosted by INL and the Drug Enforcement Administration (DEA), will take place March 29-30, and will be attended by Assistant Secretary Robinson and Ambassador Kenneth Salazar, with recorded remarks by Secretary of State Antony Blinken.  The conference will focus on strengthening U.S.-Mexico bilateral cooperation to counter the health and security threats posed by illicit synthetic drugs. While in Mexico, Assistant Secretary Robinson will also hold meetings with Mexican government officials to discuss shared security goals.

International

Suspected ELN Militants Kill 9 Colombian Soldiers Near Venezuelan Border. At least nine soldier were killed and nine more injured in an attack on a military post in the state of Norte de Santander Wednesday. The military said it believed leftist rebels of the National Liberation Army (ELN) carried out the attack. The ELN is among a number of armed groups involved in the cocaine trade but has also been involved in peace talks with the government of left-wing President Gustavo Petro. If the ELN is shown to have carried out the attack, that could seriously complicate his effort to bring "total peace" to the country. Whoever carried out the attack is "absolutely far from peace and the people," Petro said. 

DE Legal Pot Bills Go to Governor, FDA Approves OTC Naloxone, More... (3/29/23)

A North Carolina marijuana legalization bill has been filed, more New York regions have been cleared to license marijuana businesses, and more.

Naloxone nasal sprays will be available OTC by late summer, the FDA has announced. (Creative Commons)
Delaware Marijuana Legalization Bills Go to Governor. The Senate has approved a pair of bills that would legalize marijuana (House Bill 1) and regulate legal marijuana commerce (House Bill 2), sending the package to the desk of Gov. John Carney (D), who vetoed similar legislation last year. This year, both the House and the Senate passed the bills by veto-proof majorities. The package would legalize the possession of up to an ounce by people 21 and over, as well as create a regulatory framework that would allow for up to 30 pot shops. Retails sales would be taxed at 15 percent. After passage of the bills, the governor's office said he remained "concerned" by marijuana legalization. 

New York Able to Issue More Recreational Marijuana Licenses After Court Ruling. A ruling from the US 2nd Circuit Court of Appeal has cleared the way for state officials to issue recreational marijuana licenses in Brooklyn, central New York, the mid-Hudson region, and central New York. Licensing in those regions had been blocked by a temporarily restraining order issued on behalf of a Michigan entrepreneur who challenged the state's licensing system that aims to put the first round of licenses into the hands of people who had prior marijuana convictions or whose relatives did. His lawsuit charges that policy violates constitutional interstate commerce protections. That temporary restraining order has now been limited to the Finger lakes region. Licensing in nine other areas of the state, including the rest of New York City was not impacted by the lawsuit or the injunction.

North Carolina Marijuana Legalization Bill Filed. A measure to legalize marijuana, Senate Bill 346, was filed late last week. The bill would legalize the possession of up to two ounces and would allow for up to six plants to be grown for personal use. It would also create a taxed and regulated system of legal marijuana commerce, with a state retail tax of 20 percent and localities being able to add another three percent. A quarter of marijuana tax and fee revenues would go to a "community reinvestment and repair fund," while another 10 percent would go to a social equity fund and half would go to the state general fund. It would also include "the automatic expunction of certain marijuana offenses." The bill's seven sponsors are all Democrats. It is now before the Senate Committee on Rules and Operations.

Harm Reduction

Food and Drug Administration Approves Narcan Without a Prescription. The Food and Drug Administration (FDA) announced Wednesday that the opioid overdose reversal drug naloxone (Narcan) can now be sold over the counter (OTC). It is a move long sought by public health officials and harm reductionists who hope that it can help reduce the nation's opioid overdose death toll. OTC naloxone should be available on store shelfs in big box chains, supermarkets, convenience stores, gas stations, as well as online and in vending machines by late summer. "Today’s approval of OTC naloxone nasal spray will help improve access to naloxone, increase the number of locations where it’s available and help reduce opioid overdose deaths throughout the country," FDA Commissioner Dr. Robert Califf said. "We encourage the manufacturer to make accessibility to the product a priority by making it available as soon as possible and at an affordable price."

Federal Marijuana Cases Continue to Decline, Britain Plans to Ban Nitrous Oxide, More... (3/28/23)

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

"Whippets"--used nitrous oxide containers. Laughing gas could soon be banned in Britain. (CC)
Marijuana Policy

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also establishes a new, alternative registration process for Schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban. 

Drug War Issues

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