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These Five States Could Legalize Marijuana on Election Day [FEATURE]

It is now less than a week until voters across the country head to the polls for Election Day 2022, and by the time the smoke clears, five more states could add themselves to the ranks of the legal marijuana states. Arkansas, Maryland, Missouri, North Dakota, and South Dakota have all qualified legalization initiatives for the next week's ballot.

If all five efforts were to succeed, the number of legal marijuana states would jump from 19 to 24, but with four of the five states being among the most conservative in the country, victories are likely to be hard-fought and narrow.

Organizers in a sixth state, Oklahoma, also gathered enough valid voter signatures to qualify for the ballot, but delays in signature counting by state contractors left t it unable to be certified by the official deadline for the November ballot. It will get a vote either in a special election or the next general statewide election.

Here is what we are looking at in each of the five states:

Arkansas

The Arkansas Adult Use Cannabis Amendment from Responsible Growth Arkansas would legalize the possession of up to an ounce of marijuana by people 21 and over and create a system of licensed marijuana cultivation, processing, distribution, and retail sales. It would also allow existing medical marijuana infrastructure (dispensaries, grow operations, etc.) to be integrated into the new adult use market. The Arkansas Beverage Control Board would be the regulatory agency.

Retail sales would face normal sales taxes plus an additional 10 percent tax. Fifteen percent of tax revenues would go to law enforcement, 10 percent to the University of Arkansas for Medical Sciences, five percent to fund drug courts, and the remainder to go into the general fund. There are no provisions for home cultivation or to promote social equity, although there is language deferring a criminal background check for people owning less than five percent of a marijuana business.

Recent polling from Talk Business and Politics-Hendrix College showed the initiative barely winning with 51 percent of the vote in a late October poll. The same outfit had the initiative at 59 percent in an early October poll, with the decline in support reflecting a rejection by Republican voters as Election Day draws nearer, partisan divides sharpen, and the state's Republican leadership attacks marijuana legalization.

Maryland

Question 4 would amend the state constitution by adding an article that allows people 21 and over to use and possess marijuana and providing that the General Assembly "shall provide for the use, distribution, possession, regulation and taxation of cannabis within the state."

This is an amendment that came not from the people but from the legislature, which passed it as House Bill 1 in April. The legislature that same month also passed implementing legislation to go into effect if the measure passes. The legislation, House Bill 837, which would set legal possession limits at 1.5 ounces and allow for the home cultivation of two plants. The bill would also automatically expunge convictions for conduct that would be legal if the measure passes.

The amendment contains no language about regulation or taxation. That will be left up to the legislature.

A March poll had support for legalization at a healthy 62 percent and a Baltimore Sun Media and University of Baltimore poll released Monday showed that support was remarkably stable over time, with 63 percent now approving the initiative, including 54 percent of Republicans.

Missouri

Sponsored by Legalize Missouri 2022, Amendment 3 would allow people 21 and over to possess up to three ounces of marijuana and grow up to six flowering plants, as well as six immature plants and six clones. The measure also provides for the automatic expungement of nonviolent marijuana-related offenses.

The initiative also "seeks to broaden industry participation by small business owners and among disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans, and those previously convicted of nonviolent marijuana offenses," according to Legalize Missouri 2022.

The initiative would tax retail sales at 6 percent, with localities allowed to add a 3 percent sales tax. It also gives cities and counties the option of disallowing retail sales via a popular vote.

It would also allow existing medical marijuana operations to seek recreational sales licenses beginning December 8, with regulators allowed up to 60 days to approve them, giving them an effective head-start on newcomer competitors.

The measure had drawn organized opposition from within the cannabis community, with critics saying it does not do enough to promote social equity, that it favors existing operators, and that because it is a constitutional amendment, the legislature would have little say.

In the final days of the campaign, the initiative is being attacked from all sides and is generating polling that is all over the place. Of three polls in the last six weeks, two had the initiative failing with 43 percent and 48 percent of the vote, while a third had it winning with 62 percent. Somebody is right, but it will take an actual election to find out who.

North Dakota

Sponsored by New Approach North Dakota, Initiated Statutory Measure No. 1 would allow people 21 and over to possess up to an ounce of marijuana, four grams of concentrates and infused products, and grow up to three plants at home, but not to consume it in public.

The measure includes specific child custody protections for parents who use marijuana in accord with state law, but employers could continue to prohibit marijuana use and there is no provision for expungement. New Approach North Dakota says it intends to address that in the legislature next year. The measure would also allow cities and counties to opt out of allowing marijuana businesses.

The initiative also creates a regulatory framework for commercial production and sales of marijuana with the Department of Health and Human Services (or a different agency designated by the legislature) developing rules and regulations and overseeing licensing of marijuana businesses. Regulators would have until October 1, 2023, to come up with rules for advertising, labeling, packaging, security, and testing standards.

There would be no new tax for marijuana, but the state's 5 percent retail sales tax would apply to marijuana sales. Those tax revenues are not designated for any particular fund. Commercial cultivators would have to pay an annual $110,000 registration fee and retailers would have to pay an annual $90,000 fee.

The number of retailers would be limited to 18 and the number of grow facilities limited to seven. In a bid to reduce monopolistic tendencies in the industry, no one person or entity could own more than one grow facility or four retail stores.

Just four years ago, state voters rejected a marijuana legalization initiative by a margin of 59 percent to 41 percent, but that was a more wide-open measure. There is no recent polling data for this measure.

South Dakota

Two years ago, voters approved a marijuana legalization initiative with 54 percent of the vote, only to see it thrown out in the state Supreme Court for violating the state's one-subject rule for initiatives. (It legalized marijuana and contained tax and regulatory provisions). Initiated Measure 27 seeks to get past that hurdle by not establishing a tax or regulatory structure for commercial sales. Instead, it would those issues for the legislature to decide.

It would legalize the possession, transport, and distribution of up to an ounce of marijuana by people 21 and over. It would also legalize the home cultivation of up to three plants -- but only in localities where there is no retail marijuana outlet, and there will not be any retail marijuana outlets unless and until the legislature acts to allow them.

An August poll had the initiative failing with only 44 percent of the vote, but that poll may be a fluke. It had support in the state's most liberal and populous region, the Sioux Falls metro area at only 38.6 percent. But in 2020, the Sioux falls metro area state Senate districts all reported at least 57 percent approval for legalization and one had the highest support of any district in the state at 72.7 percent. Still, a late September-early October poll also had the initiative losing with only 47 percent of the vote. Given that voters approved a more expansive legalization initiative in 2020 with 54 percent of the vote, these poll numbers are real head-scratchers, but we will know next week how accurate they are.

Opiate Treatment Program (OTP) Barriers, Schumer Says Progress on SAFE Banking Act +, More... (11/1/22)

There's a drug crackdown going on in India's Punjab, Afghan drug prices are rising despite questions about whether the Taliban ban is actually happening, and more.

An Aghan opium poppy field. It is almost planting time again. Will the Taliban ban actually take place? Stay tuned. (UNODC)
Marijuana Policy

Schumer Says Senate Close to Passing Marijuana Banking, Expungements Bill After Talks with Republicans. Senate Majority Leader Chuck Schumer (D-NY) said Sunday that Congress is "very close" to filing and then passing the SAFE Banking Act + bill, which includes provisions including banking protections for state-legal marijuana businesses and expungements of past marijuana convictions. Schumer cited progress he had made in talks with a "bunch of Republican senators."

Schumer had blocked earlier efforts to pass the SAFE Banking Act, which has passed the House seven times, but now appears ready to move on it as prospects for a broader legalization bill fade. "We are getting very close," Schumer said. "I am working in a bipartisan way with Democrats and Republicans to take the SAFE Banking Act, which allows financial institutions to involve themselves in cannabis companies and lend money to them -- but it also does some things for justice, such as expunging a record. So, expunging the records is important, and we're getting clos We may be able to get something done rather soon. I'm working with a bunch of Republican senators, a bunch of Democratic senators, to get something passed."

Drug Treatment

State Opioid Treatment Program Regulations Put Evidence-Based Care Out of Reach for Many. Opioid treatment programs (OTPs) are the only health care modalities that can offer methadone as well as buprenorphine and extended-release naltrexone to patients. They are the only facilities that can offer methadone, but federal and state rules not based on evidence are curtailing access to high-quality OTP care, the Pew Trust reports in new research.

Among barriers to OTP treatment, Pew found that 20 states require a new OTP to seek state approval baed on demonstrating a need for services before opening, seven states impose restrictive zoning rules on OTPS that don't apply to other health are facilities, 10 states don't allow clients to take medication home in the first 30 days of treatment, 48 states allow OTPs to throw patients out of the program for not being abstinent from opioids or other drugs, and 23 states specify a counseling schedule for patients rather than providing individualized care. Click on the link for methodology and a full data set.

International

Afghan Drug Prices Soared After Taliban Ban, Despite Little Evidence of Enforcement. Illegal drug prices have skyrocketed in Afghanistan since the Taliban banned the drug trade in April, even though there is only limited evidence that the militants are enforcing the ban. Opium prices have increased more than 50 percent, while methamphetamine prices have also risen, according to countrywide data gathered by the private, UK-based satellite imagery company Alcis. While analysts said the ban is not yet widely enforced, prices are rising based on fears of a future crackdown. A new opium poppy planting season is about to get underway, and it is unclear to what degree local Taliban commanders intend to or even can enforce a ban on poppy production. Satellite data, though, has shown a crackdown on ephedra (used to manufacture meth) markets and meth labs already underway.

But any crackdown would come in the face of a massive nationwide economic crisis that could drive people away from supporting the Taliban. "The things that people used to survive on in the face of a drugs ban -- in terms of joining the [army], working in the cities in construction -- those options are gone," David Mansfield, a researcher on the report and expert on Afghanistan's drugs trade, said. "Do local Taliban... press on this and risk increasing a humanitarian crisis, alienating a population, or do they let it ride because of the fear of resistance?"

India's Punjab Police in Massive Drug Crackdown. Police in the Punjab have arrested 6,997 drug smugglers since July and registered 5,436 FIRs (first information reports -- the initial report of a possible criminal offense), of which 580 are for possessing large quantities of drugs. The crackdown is part of Punjab Chief Minister Bhagwant Mann's "war against the drug menace plaguing the state."

Between roadblocks and other searches, police have seized nearly 260 kilograms of heroin, as well as an additional 147.5 kilograms seized at the ports of Gujarat and Maharashtra. They also seized 300 kilograms of raw heroin, 197 kilograms of marijuana and nearly three million pills, capsules, and vials of pharmaceutical opioids. State police chief Gaurav Yadav has called on police to investigate all leads in every case no matter how small and to aggressively seize the assets of drug suspects.

MD Legalization Question Polls Well, Afghan Shisha Ban, Australia ACT Decriminalizes Drugs, More... (10/31/22)

A Nevada judge orders marijuana removed from the state's Controlled Substances Act, the Germans roll out a marijuana legalization plan, British cops plan a crackdown on recreational drug users, and more.

Famartin via Wikimedia
Marijuana Policy

Maryland Poll Has Strong Support for Marijuana Legalization Referendum. A new poll from Baltimore Sun Media and the University of Baltimore has support for the Question 4 marijuana legalization referendum at 63 percent, with only 25 opposed and 12 percent undecided. The poll results are in line with a pair of September polls, one of which had support at 59 percent and the other of which had support at 72 percent. Voters will be asked "Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1st, 2023, in the state of Maryland?" and if the measure passes, it would automatically implement an already approved bill that would create basic rules and regulations for an adult-use marijuana program.

Nevada Judge Orders Marijuana Removed from State List of Controlled Substances. A judge in Clark County (Las Vegas) ruled last Wednesday that the state pharmacy board lacks the authority to regulate marijuana and marijuana derivatives under state law since voters legalized the substance and ordered the board to remove marijuana from the state's controlled substances list. If the board "designates a substance as a 'controlled substance' but the designation falls outside the authority delegated by the ​​Legislature, the designation is invalid," wrote District Court Judge Joe Hardy. That same judge ruled in September that classifying marijuana as a Schedule I substance was unconstitutional because voters had legalized medical marijuana in 1998. "The Board exceeded its authority when it placed, or failed to remove marijuana, cannabis, and cannabis derivatives on its list as Schedule I substances," Hardy wrote in that case.

International

Afghanistan Bans Hookahs, Fruit-Flavored Tobacco. The Taliban has issued a fatwa, or religious edict, banning the smoking of fruit-flavored tobacco (shisha) and the hookahs (water pipes) used to smoke it. The Taliban considers shisha as an intoxicant. The ban was announced in western Herat province earlier this month, and it is not clear whether it extends to the whole country. The Herat Café Owners Association said the ban had cost some 2,500 jobs in the province, which already faces a dire economic situation. But Azizul Rahman Mohajer, the provincial head of the Taliban's Ministry for the Promotion of Virtue and Prevention of Vice, said hookahs are "against Sharia" and smoking shisha "harms our bodies and causes tobacco addiction, which can spread widely in society."

Australian Capital Territory Decriminalizes Drug Possession. A drug decriminalization measure introduced as a private member's bill by Labor MLA Michael Pettersson won in the territorial legislature last week. The new law will not be implemented for a year to "allow for appropriate police training." Under the new law, people caught with personal use amounts of drugs will face a referral to drug treatment or a maximum $100 fine instead of time in prison.

British Cops to Target Recreational Drug Users in Holiday Enforcement Blitz. Police in Dorset have announced Operation Scorpion, a winter drug enforcement operation that will see a shift in focus from dealers to recreational users of drugs such as cocaine, marijuana, and MDMA. Police in Avon & Somerset, Dorset, Devon & Cornwall, Wiltshire and Gloucester will be joined by British Transport Police for a series of crackdowns on the night-time economy. Police will focus on city and town centers across the region. "Illegal drug use is just that -- illegal -- and the partners of Op. Scorpion will continue to work together - targeting criminality, taking drugs off our streets, sharing intelligence, protecting the vulnerable and putting a ring of steel around the South West," police said. They are also taking a hard line on marijuana, arguing that "cannabis is not the benign drug those seeking to make a profit would have you believe."

Germany Unveils Marijuana Legalization Plan. The health ministry last Wednesday rolled out a marijuana legalization plan that includes the decriminalization of the possession of up to 30 grams of marijuana as well as allowing for the sale of marijuana to adults in a regulated marketplace. The German government will also consult with the European Union's executive commission to ensure that the legalization plan. Berlin will check with the European Union's executive commission to ensure it complies with EU laws and will move forward "on this basis" only if whether the plan approved by the German government is in line with EU laws and would proceed with legislation "on this basis" only if the EU approves.

DC Voters Still Like Marijuana Legalization, Native Plans to Sue Feds Over Reservation Pot Raid, More... (9/28/22)

Pot prohibitionists are backing a marijuana research bill, the Philippine DEA says it is okay with medical marijuana, and more.

Washington, DC (Creative Commons)
Marijuana Policy

Pot Prohibitionists Get Behind Effort to Pass Federal Marijuana Research Bill. As the Senate turns toward considering marijuana banking reforms in the form of the Secure and Fair Enforcement (SAFE) Banking or a SAFE Plus bill, researchers associated with the prohibitionist group Smart Approaches to Marijuana (SAM) are instead urging Majority Leader Chuck Schumer (D-NY) to move on a bill that would greatly expand marijuana research. The House has already passed the Medical Marijuana and Cannabidiol Research Expansion Act (HR8454), but the bill has seen no action in the Senate. The SAFE Banking Act Plus includes a marijuana research provision, but the SAM researchers want to see the standalone bill passed instead, saying it was "vital" to pass it because marijuana use rates are rising.

DC Voters Support Marijuana Legalization, Oppose Crackdown on Gifting Grey Market, Poll Finds. Eight years after voters in the District of Columbia approved marijuana legalization, they still approve, a new poll finds. The poll from Brilliant Corners Research & Strategies found support for legalization at 72 percent. While DC legalized pot, it has been barred from implementing legal recreational sales by Congress, resulting in a thriving grey "gifting" market. DC residents want a regulated market, not a crackdown, the poll found, with 76 percent supporting a regulated market and only 19 percent supporting shutting down the informal market.

Medical Marijuana

New Mexico Patient Plans to Sue Feds Over Raid on Tribal Land. Pueblo of Picuris tribal member Charles Farden is preparing to sue the Bureau of Indian Affairs (BIA) over a raid on his medical marijuana garden on tribal land last year. The raid destroyed nine plants he was growing. Now, he has filed a tort claim indicating he intends to sue the federal government, charging that the raid was carried out without a warrant and that it unveiled a federal double standard that discriminates against Native people. A congressional rider blocks the Justice Department from interfering in state-legal medical marijuana programs, but no such rider applies to the BIA, leading Native people uniquely vulnerable to federal marijuana efforts.

International

Philippine DEA Not Opposed to Medical Marijuana. The Philippine Drug Enforcement Agency (DEA) is ready to legalize medical marijuana, its director, Wilkins Villanueva, told a Senate committee hearing. But the island nation's other drug control body, the Dangerous Drug Board, said its position would be determined by its member health experts. "We have members from the Department of Health who are experts in these medical matters, so we defer to the position and recommendation of the DOH and the Philippine Medical Association," the board said. Medical marijuana is currently available for "compassionate use," but only at great expense. A bill to make medical marijuana available to all who need it is currently pending in the legislature.

Arkansas Legalization Init Cleared for November, Colorado Psilocybin Init Trailing, More... (9/23/22)

Republicans seek political advantage by calling Mexican cartels "terrorist organizations," the FDA eases rules for groups distributing the opioid overdose reversal drug nalxone, and more.

Colorado magic mushroom proponents have an uphill fight ahead of them, a new poll suggests. (Greenoid/Flickr)
Marijuana Policy

Arkansas Supreme Court Okays Marijuana Legalization Initiative for November Ballot. The state Supreme Court on Thursday held that the Responsible Growth Arkansas marijuana legalization initiative will be counted after all. The move comes after the Board of Election Commissioners ruled that the measure's ballot title was misleading, but the high court disagreed, holding that "initiative power lies at the heart of our democratic institutions" and that the board and prohibitionist groups who had intervened in the case "have not met their burden of proving that the ballot title is insufficient."

Psychedelics

Colorado Poll Has Psilocybin Initiative Trailing. A new poll has the magic mushroom decriminalization initiative, Proposition 122, well south of the 50 percent plus one votes needed to pass in November. The Fox 31/Chennel2/Emerson College/The Hill poll had only 36 percent supporting the measure, with 41 percent opposed and 23 percent undecided. While the large number of undecideds leaves room for hope, they would have to break pretty decisively in favor of the initiative for it to get over the top. Only Democrats favored the initiative (53 percent), while 61 percent of Republicans opposed it. Two racial/ethnic groups emerge as opponents: 64 percent of Blacks oppose it, as do 63 percent of multiracial voters.

Harm Reduction

Opioid Reversal Drug Access to Ease Under Relaxed FDA Rules. The Food & Drug Administration (FDA) announced Thursday that harm reduction programs distributing the opioid overdose reversal drug naloxone will not have to comply with certain federal product tracing requirements. The agency said it would not enforce certain Drug Supply Chain Security Act requirements on programs that are distributing the drug to at-risk communities while an opioid public health emergency exists. "Combating the opioid overdose epidemic is an urgent public health priority for FDA," the agency wrote in the guidance. The FDA "is committed to advancing solutions to reduce opioid overdose deaths in the United States, including by supporting efforts to increase public availability of and access to naloxone."

Foreign Policy

GOP Senators File Bill Designating Drug Cartels as Terrorist Organization. Sens. Roger Marshall (R-KS) and Rick Scott (R-FL) filed a bill Tuesday to formally designate Mexican drug cartels as foreign terrorist organizations. The Drug Cartel Terrorist Designation Act. "The illicit drugs and other deadly activities being carried out by cartels are killing Americans at record rates. Since Joe Biden and the Democrats continue to turn a blind eye, we are going to do something about it by designating the drug cartels as Foreign Terrorist Organizations," said Sen. Marshall. "As these cartels continue to invade our porous southern border in an increasingly militarized approach, this designation is needed to ramp up our efforts to combat them. We will not rest in our fight to stop fentanyl's terrible scourge wreaking havoc in Kansas and across the US." Nonetheless, Mexican cartels are not foreign terrorist organizations; they are drug trafficking organizations.

GOP Texas Governor Designates Mexican Cartels as Terrorist Organizations. Gov. Gregg Abbott issued an executive order Tuesday that designated specified Mexican drug cartels as foreign terrorist organizations, although since Texas does not set US foreign policy it is not clear just exactly what that means. The order instructs the state Department of Public Safety (DPS) "to take immediate action to keep Texans safe amid the growing national fentanyl crisis." Abbott also directed DPS to identify Texas gangs that support the cartels and seize their assets.

OK Legalization Init Won't Be on November Ballot, House Committee Advances Marijuana Bills, More... (9/22/22)

Jockeying over marijuana reform legislation in Congress continues, the Oklahoma Supreme Court says a marijuana legalization initiative won't be on the November ballot but can be voted on later, and more.

Marijuana remains a hot topic on Capitol Hill. (Creative Commons)
Marijuana Policy

House Marijuana Banking Bill Sponsor Says Schumer Reaffirms Commitment to Passing It. Rep. Ed Perlmutter (D-CO), the House sponsor of the Secure and Fair Enforcement (SAFE) Banking Act (HR 1996) says he spoke recently with Senate Majority Leader Chuck Schumer (D-NY) about passage of his bill in the upper chamber and Schumer said he is "working on it" and is "going to get going" on the measure. "Whether that was just lip service or reality, there is momentum," said Perlmutter. "We're going to get this done. It probably won't happen until the lame duck session after the elections, but I've always felt confident that commonsense will prevail and we'll get this finished, and I think we will." The SAFE Banking Act has repeatedly been passed by the House, only to have consideration in the Senate blocked by Schumer, who has been holding out for a comprehensive marijuana legalization bill. But that bill is now not expected to move this session because it does not appear to have 60 votes in the Senate to get past a Republican filibuster.

House Judiciary Committee Approves Criminal Justice Bills, Including Sealing Records of Federal Marijuana Offenses. The committee led by Rep. Jerrold Nadler (D-NY) has approved a number of criminal justice measures, including bipartisan proposals to expunge records for prior federal marijuana offenses (HR 2864), provide funds for states that create systems of automatic expungements (HR 5651) and write into law retroactive relief for people imprisoned because of the crack/powder cocaine sentencing disparity (HR 5455). The move comes as expectations increase that the Senate will soon see a package of modest marijuana reforms after prospects for the passage of a comprehensive marijuana legalization bill sponsored by Majority Leader Chuck Schumer (D-NY) fade.

Oklahoma Supreme Court Keeps Marijuana Legalization Initiative Off November Ballot. The state Supreme Court ruled Wednesday that the State Question 820 marijuana legalization initiative will not be on the November ballot. The court held that it could not be printed on ballot in time to comply with the deadline for mailing them to voters. The initiative met signature-gathering requirements, but got bogged down by a new state law requiring state officials to verify signatures in addition to counting them. But the initiative will eventually go before the electorate. The question "will be voted upon by the people of Oklahoma, albeit either at the next general election following November 8, 2022, or at a special election set by the Governor or Legislature," the court ruled.

Medical Marijuana Update

A Pennsylvania doctor who is also a medical marijuana patient is suing to be able to purchase a handgun, Oklahoma is prosecuting pregnant women who use medical marijuana, and more.

Louisiana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

Oklahoma

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law," said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law," Kiesel said. "It's important to remember, if you have a medical marijuana license, you are under the care of a physician."

Pennsylvania

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of nonviolent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

State Treasurers Group Renews Call for Marijuana Banking Reform, NY MedMJ Home Grow Regs Adopted, More... (9/21/22)

Indiana lawmakers will meet next week to hear a report on marijuana policy, Louisiana lawmakers have created a task force to look at employment protections for medical marijuana patients, and more.

Marijuana Policy

State Treasures Reaffirm Support for Federal Marijuana Banking Reform at Annual Meeting. The National Association of State Treasurers (NAST) has reaffirmed its support for a resolution that calls on Congress to pass legislation to provide access to banks for the state-legal marijuana industry. The move came at its annual meeting Monday. The resolution says the NAST does not take a position on marijuana legalization but does back legislation to ease the industry's banking problems. The group cites the "ongoing conflict between states' laws legalizing cannabis and current federal laws, resulting in the vast majority of financial institutions refusing to provide banking services to legal cannabis businesses." Leaving the industry without access to banking services is "inefficient, expensive, and opaque, making illicit activity more difficult to track and posing a significant risk to public safety by increasing the likelihood of violent crime." The resolution comes as pressure mounts to pass the Secure and Fair Enforcement (SAFE) Banking Act, which has repeatedly passed the House only to be stalled in the Senate by Majority Leader Chuck Schumer (D-NY), who continues to hold out for a full-fledged marijuana legalization bill.

Indiana Lawmakers to Meet Next Week to Hear Report on Marijuana Policy. Lawmakers will gather on Tuesday for the presentation of a study by a Public Health Summer Study Committee on the potential health benefits, decriminalization and consequences of Delta-8, Delta-9 and other THC products over the last few months. The study was promoted by reform advocates, who hope it will help lay the basis for medical marijuana and/or recreational marijuana legalization. The state Prosecuting Attorneys Council, which opposes both medical and recreational marijuana legalization, will also be present at the capitol to plead its case.

Medical Marijuana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

Colombia President Tells UN Drug War Must End; Good MA, MO Pot Polls, More... (9/20/22)

The Missouri Democratic Party can't bring itself to endorse the marijuana legalization initiative, clashes between coca grower union factions in Bolivia continued for another week, and more.

Colombian President Petro remains on message about ending the war on drugs. (Creative Commons)
Marijuana Policy

Maryland Poll Has Strong Support for Marijuana Legalization Ballot Question. A new Goucher College poll consisting mostly of likely voters has support for the Question 4 marijuana legalization ballot question at 59 percent, with 34 percent opposed and seven percent undecided. The ballot question is a legislatively-initiated measure that would legalize recreational marijuana for adults. If it passes, a bill already passed by the House that would allow for the possession of up to 1,5 ounces of marijuana would be legalized and between 1.5 and 2.5 ounces of marijuana would be decriminalized.

Missouri Poll Has Strong Support for Marijuana Legalization Initiative. A new SurveyUSA poll of registered voters has support for the  Amendment 3 marijuana legalization initiative at 62 percent, with 22 percent opposed, and 16 percent undecided. If these numbers hold true, even if all undecideds decided to vote against the initiative, it would still win.

Missouri Democratic Party Declines to Endorse Marijuana Legalization Initiative. The state Democratic Party has decided to maintain a stance of neutrality on the  Amendment 3 marijuana legalization initiative. The party said that while it supports marijuana legalization, it is concerned that the measure "may negatively impact minorities, people of color, and low-income earning Missourians,"in a news release Monday. "Democrats have concerns about the expungement provisions laid out in the amendment, as well as making it difficult for those who do not currently have a license to enter the industry,"the party said. The initiative gives existing medical marijuana businesses a head start on recreational licensing, and that, too, is causing concerns among Democrats.

International

Colombia President Tells UN Democracy Will Die in World Doesn't End Drug War, Pursue Different Strategy. Colombian President Gustavo Petro told the UN General Assembly Tuesday that "democracy will die" if world leaders don't come together to end the current war on drugs. "The war on drugs has failed," he said. "The war on drugs has lasted 40 years. If we do not correct the course, and this continues another 40 years, the United States will see 2.8 million die of overdoses [from fentanyl], which is not produced in our Latin America,"he said. "You will see millions of African Americans be imprisoned in their private prisons. The [Black] prisoner will become a business of prison companies." Petro has previously said the war on drugs has left a million people dead in Latin America, and at the UN on Tuesday, he warned that if current policies continue, another million would die and "they will fill our lives with blood."

Another Week, Another Coca Clash in Bolivia. The two competing factions of coca growers seeking control of the Adepcoca coca growers' union clashed with stones in central La Paz Monday after separate marches into the city. On one side is a faction led by Arnold Alanes, which is close to the government and operated an officially unsanctioned "parallel" coca market in La Paz until it was burned down two weeks ago by member of a faction led Freddy Machicado, who is currently in jail after being arrested for the destruction of the "parallel" market. 

Trump Again Calls for Death Penalty for Drug Dealers, Peru Coca Crop Up, More... (9/19/22)

California's governor signs another batch of marijuana bills, a Pennsylvania doctor and medical marijuana patient sues over the ban on medical marijuana patients buying handguns, and more.

Peyote buttons. The Native American Church is asking Congress for help to preserve the psychoactive cactus. (Creative Commons)
Marijuana Policy

California Governor Signs Another Batch of Marijuana Bills. Gov. Gavin Newsom (D) on Sunday signed into law 10 marijuana bills, including a bill to allow interstate marijuana commerce, a bill to provide employment protections for marijuana users, a bill to make it easier to seal records of prior marijuana convictions, and a bill barring localities from banning medical marijuana deliveries. For too many Californians, the promise of cannabis legalization remains out of reach," Newsom said. "These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry. I look forward to partnering with the legislature and policymakers to fully realize cannabis legalization in communities across California."

Medical Marijuana

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of non-violent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

Drug Policy

At Ohio Campaign Rally, Trump Again Calls for Death Penalty for Drug Dealers. The defeated former president used a campaign rally for Ohio Republicans in Youngstown Saturday to reiterate his call to execute drug dealers. Painting an oratorical portrait of a country awash in crime, he said that "much of the crime wave is caused by drug dealers who during the course of their lives, will kill an average of 500 American citizens not to mention the destruction of millions of American families who are so devastated by drugs. It's an invasion of crime," he added. "And remember much of the crime that we talk about is caused by drugs. And I'm calling for the death penalty for drug dealers and human traffickers." Trump falsely claimed that the death penalty for drug dealers would "reduce drug distribution and crime in our country by much more than 75 per cent. That's in one day

"Every place that has a real death penalty ... they don't have any people dying of drugs. I mean, literally nobody, because these drug dealers are smart," he said. "They say ‘you know what, if I want to keep doing drugs, if I'm going to continue to sell them, I'm not doing them in China. I'll go someplace else like how about the United States of America where nothing happens?’ We would reduce crime in our country by much more than 75 per cent in one hour. In one hour, the day it's passed, it's got to be meaningful, but you would reduce it in one hour," he claimed. "I say it because it's very hard. Nobody ever talks this way. Nobody talks about the death penalty. It's a horrible thing to say. Even for me, it's a horrible thing."

The remarks were met with cheers from the crowd, which also cheered a Q-Anon anthem played at the rally's end and raised their arms in a one-finger Q-Anon salute to it. Trump was campaigning for Republican senatorial candidate JD Vance, who he said was "kissing my ass" to maintain his support It is not clear what Vance's position on the death penalty for drug dealers is.

Psychedelics

Native American Church Leaders Ask Congress for Money to Support Peyote Cultivation and Preservation. Leaders of the Native American Church, whose members can lawfully use the psychoactive cactus peyote, held multiple meetings with members of Congress last week in a bid to garner federal funding for efforts to preserve the limited habitats where peyote can be grown. The supply of peyote is limited and under strain, and Native American Church members want assistance to ensure that it remains available for future generations. Peyote is a slow-growing crop that takes 10 years to mature, and it is stressed by climate change, unsustainable agricultural practices, and increase non-Native use of the hallucinogen.Specifically, church leaders and the National Congress of American Indians (NCAI) are lobbying lawmakers to allocate $5 million in funding from USDA’s Conservation Reserve Program or Interior’s Office of the Assistant Secretary for Indian Affairs to provide compensation to landowners who agree to convert their property to protected peyote habitats.

International

Peru Reports Coca Crop Grew by 30 Percent Last Year. The area devoted to coca cultivation increased by more than 30 percent last year, reflecting rising coca cultivation in the country ever since 2015. Ricardo Soberon, head of the drug agency DEVIDA, said cultivation had reached 200,000 acres in 19 coca zones, up from 14 in 2020. Soberon said Peruvian producers were responding to high demand from the United States and Europe. "How can we act to reduce the supply if there is a growing demand to buy cocaine," he asked, pointing out that at a kilo of cocaine goes for $1100 in Peru, but nearly $45,000 in London or Paris. 

(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.)

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