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Bipartisan Bill Would Eliminate Cannabis Screening for Federal Hiring, Security Clearances [FEATURE]

On Thursday, Reps. Jamie Raskin (D-MD) and Nancy Mace (R-SC1) introduced the Cannabis Users Restoration of Eligibility (CURE) Act, legislation to prevent prior or current marijuana use from becoming grounds for failing to receive a security clearance or for being found unsuitable for federal employment. The CURE Act will also allow for someone who has previously been denied a security clearance or a federal job based on marijuana use the chance to have that denial reviewed.

The bill would amend the Intelligence Reform and Terrorism Prevention Act of 2004 to limit the consideration of marijuana use when making a security clearance or employment suitability determination. "Notwithstanding any other law, rule, or regulation, current or past use of marijuana by a covered person may not be used in any determination with respect to whether such person is eligible for a security clearance or suitable for Federal employment," the bill text specifies.

A security clearance is necessary for more than half of all federal jobs, including not only obvious positions in the defense, homeland security, and cybersecurity sectors, but even the people who clean the buildings or provide food services where those people work. That is more than three million federal military and civilian positions that require security clearances, along with another 1.2 million held by contract employees.

"Every year, qualified and dedicated individuals seeking to serve our country are unable to secure federal jobs and security clearances because the federal government has not caught up with the widely established legal use of medical and recreational cannabis,"said Rep. Raskin in a release announcing the bill. "I am proud to partner with my friend Representative Mace to introduce the bipartisan CURE Act that will eliminate the draconian, failed and obsolete marijuana policies that prevent talented individuals from becoming honorable public servants in their own government."

The CURE Act has been endorsed by the Drug Policy Alliance, the Due Process Institute, Law Enforcement Action Partnership (LEAP), the National Organization for the Reform of Marijuana Laws (NORML), and the US Cannabis Council -- and these reform groups were eager to weigh in on it.

"DPA is excited to support legislation that can help end another pillar of the drug war and allow individuals to secure work," said Maritza Perez Medina, Director, Office of Federal Affairs, Drug Policy Alliance (DPA). "Penalizing someone for drug use relies on an assumption that any drug use is problematic and that people who use drugs cannot be responsible employees. We know this is false. We hope this bill is just the start of other critical federal marijuana reforms."

"There are many talented and dedicated people who have used cannabis and want to serve their country," said Sgt. Terry Blevins, a former civilian investigator for the Department of Defense, Arizona Police Sergeant, and Board Member for the Law Enforcement Action Partnership (LEAP). "Compromising recruitment by our federal agencies with antiquated cannabis laws makes our nation less safe in the face of security threats we face globally."

"For too long, the federal government has been denying Americans civil service opportunities solely because of its outdated attitudes toward cannabis and those who consume it," said Morgan Fox, Political Director at the National Organization for the Reform of Marijuana Laws (NORML). "Denying these millions of Americans consideration for employment and security clearances is discriminatory and it unnecessarily shrinks the talent pool available for these important jobs. NORML commends the sponsors for working to undo this policy and replace it with fair and sensible hiring and clearance practices that will put America on much stronger footing on the global stage."

"Millions of patriotic, conscientious Americans use cannabis legally each year, but they are consistently penalized by outdated federal regulations," said Ed Conklin, Executive Director, US Cannabis Council. "We strongly support the CURE Act because it will bring federal employment policies into line with the views of most Americans. Cannabis use should never prevent a qualified candidate from serving his or her country as a federal employee."

As of now, 38 states, three territories and the District of Columbia allow the medical use of marijuana, while 23 states, two territories and the District of Columbia have enacted measures to authorize and regulate marijuana for recreational adult use. Despite the rapid pace at which marijuana is being legalized, thousands of Americans are routinely denied security clearances and lose out on federal employment if they admit to using marijuana in a lawful way.

SAMSHA Seeks Comment on Harm Reduction Draft, MN Era of Legal Weed Begins, More... (8/2/23)

An effort to repeal South Dakota's voter-approved medical marijuana law gets underway, the Red Lake Reservation sees the first legal recreational marijuana sales in Minnesota, and more.

Welcome to weed world, Minnesota!
Marijuana Policy

Minnesota Marijuana Legalization Now in Effect. Today is day two of legal marijuana in the Land of 10,000 Lakes. Legalization went into effect on August 1 after the legislature approved it earlier this year. The state is now the 23rd to have freed the weed.

Now, people 21 and over can possess and grow their own marijuana, although most retail sales are still months away. People can grow up to eight plants, though only four may be in flowering. The plants must be grown in an enclosed, locked space that is not open to public view, whether that's indoors or in a garden.

And they can possess up to two ounces of marijuana flower, eight grams of concentrate, and 800 milligrams of THC-containing edibles, such as gummies or seltzers.

Minnesota Tribe Launches First Legal Marijuana Sales in State. The first legal marijuana sale in the state took place Tuesday on the Red Lake Reservation, with the first sale going to a tribal employee as journalists, tribal leaders, and more than a hundred lined up customers looked on.

The reservation's NativeCare dispensary is the only legal adult sales dispensary in the state. State officials have yet to establish a licensing system for recreational use sales, but because the reservation is sovereign native land, the shop there did not have to wait for the state to get its system up and running.

"We're proud to be the first," Red Lake Tribal Secretary Sam Strong said. "We're excited for people to come onto the reservation."

Medical Marijuana

South Dakota Effort to Repeal Medical Marijuana Launches. Rural Butte County famer Travis Ismay has taken time off from harassing the local county commission over various issues, including a medical marijuana dispensary in the country to submit a proposed ballot initiative that would repeal the state's medical marijuana program, outlaw the dispensaries currently in operation, and make all use and possession of marijuana a crime.

He faces an uphill battle. Voters in the state approved a medical marijuana program via a 2020 initiative that garnered 68.5 percent of the vote. The measure would need some 17,000 valid voter signatures by the first Tuesday next May to qualify for the 2024 ballot, and beyond Mr. Ismay, there is no sign of any organized campaign to get it done.

Harm Reduction

SAMHSA Invites Comments on Draft Harm Reduction Framework. The National HIV/AIDS Strategy calls for integrated programs to address the syndemic of HIV, STIs, viral hepatitis, and substance use and mental health disorders. This includes facilitating the linkage of HIV services to substance use disorder treatment, syringe services programs, and other evidence-based harm reduction programs.

The Substance Abuse and Mental Health Services Administration (SAMHSA) recently published its draft Harm Reduction Framework and invites public comments via web form, no later than August 14, 2023 at 5:00pm ET. Further information about submitting comments here.

Bill Filed to Prepare Feds for Pot Legalization, Seattle Mayor Unveils New Plan on Open-Air Drug Use, More... (8/1/23)

Another Republican files another border fentanyl bill, Seattle's mayor has a plan to deal with open-air drug use, and more.

As part of a criminal justice reform bill signed into law by Gov. Pritzker (D), Illinois will reduce drug testing of parolees.
Marijuana Policy

Hickenlooper Reintroduces Bill to Prepare Federal Government for Marijuana Legalization. Sen. John Hickenlooper (D-CO) recently reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, a bill that directs the Attorney General to develop a framework for federal cannabis regulation. Though cannabis is currently illegal at the federal level, many states have followed Colorado's safe and legal model. The PREPARE Act establishes a federal commission, modeled after Colorado's regulatory commission, to advise the government on proper safeguards for federal cannabis legalization.

>"Colorado's is the model for a safe, well-regulated marijuana market," said Hickenlooper. "Let's build on that success with federal regulation."

The PREPARE Act-established federal commission would advise on the development of a federal regulatory framework modeled after state cannabis regulations, consider barriers and suggestions for regulating cannabis similar to alcohol, identify ways to remedy the disproportionate impact cannabis prohibition has had on minority, low-income, and veteran communities, and include representatives from relevant federal agencies and offices, individuals nominated by Senate and House leadership, industry representatives, and representatives of state and local governments.

Drug Policy

House Republican Files Bill to Confiscate Cartel Assets, Use Them to Pay for Border Wall. Rep. Randy Feenstra (R-IA) has filed the Build the Wall and Fight Fentanyl Act, which would allow US authorities to seize the assets of Mexican drug cartels and use them to construct a wall at the southern border and to fight fentanyl.

The measure would establish two funds at the Treasury Department, the "Southern Border Wall Fulfillment Fund" and the "Combating the Fentanyl Epidemic Fund." Both funds would be run by the Department of Homeland Security.

"Criminal drug traffickers have smuggled enough fentanyl into our country to kill every man, woman, and child in the United States, and tragically, too many families know the pain of losing a loved one to this deadly crisis. We must fight fire with fire to protect our families, our children, and our communities," Feenstra said in a statement.

According to the DEA, however, the vast majority of drugs smuggled into the US from Mexico go through ports of entry, not unwalled portions of the border.

Seattle Mayor Unveils New Proposal to Fight Open-Air Drug Use. Mayor Bruce Harrell (D) on Monday announced a new plan to cut down on open-air drug use in the city and increase access to addiction treatment. The plan will include guidance to police on when to make an arrest and make drug possession a gross misdemeanor, bringing the city into conformity with state law. The state's drug possession statute had to be redone after the state Supreme Court threw it out in the Blake case in 2021.

"What's the same is it adopts the state law that we call the post-Blake Fix, and under the post-Blake Fix, you may recall, the officers were required to give referrals before arrests were made," said Harrell. "The legislature came out with the fix. That's what's the same, is that we are adopting the state law. What's quite different is we went more specific on what an arrest looks like and what it should not look like. It also brings in the threat of harm standard, which makes it clear, that if people are a threat to others, if they are in an area where people are trying to catch the bus, or where they are trying to shop or bring their kids in a stroller, these areas need to be safe, and it gives us the ability to make arrests when they need to happen," said Mayor Harrell.

The plan also includes $27 million to invest in facilities, treatments and services to address the opioid crisis. The measure needs to be approved by city council members, which Harrell said he is confident will happen and before a two-week break at the end of the month.

Drug Testing

Illinois Governor Signs Bill to Limit Drug Testing of Parolees. Gov. JB Pritzker (D) has signed into law a criminal justice reform bill, Senate Bill 423, that limits drug testing of parolees, among other provisions.

"Today, I will sign legislation that focuses our Mandatory Supervised Release system on creating successful outcomes for those who were formerly incarcerated and improves the safety and peace of our communities," Pritzker said in a statement last Friday. "This legislation supports the reintegration of individuals into the community while lowering the possibility of recidivism, increasing public safety, and lowering taxpayer costs," he added.

Bipartisan Bill to Let Pot Smokers Get Security Clearances Filed, GA Asset Forfeiture Outrage, More... (7/27/23)

The House approves veterans' medical marijuana and psychedelic research amendments to a must-pass spending bill, a new House bill would clear the way for security clearances for past or present pot smokers, and more.

Jamie Raskin (house.gov
Marijuana Policy

Bipartisan House Bill to Allow Pot Smokers to Get Security Clearances Filed. Reps. Jamie Raskin (D-MD) and Congresswoman Nancy Mace (R-SC) hae introduced the Cannabis Users Restoration of Eligibility (CURE) Act, legislation to prevent prior or current marijuana use from becoming grounds for failing to receive security clearance or for being found unsuitable for federal employment. The CURE Act will also allow for someone who has previously been denied a security clearance or a federal job opportunity based on marijuana use the chance to have that denial reviewed.

"Every year, qualified and dedicated individuals seeking to serve our country are unable to secure federal jobs and security clearances because the federal government has not caught up with the widely established legal use of medical and recreational cannabis," said Rep. Raskin. "I am proud to partner with my friend Representative Mace to introduce the bipartisan CURE Act that will eliminate the draconian, failed and obsolete marijuana policies that prevent talented individuals from becoming honorable public servants in their own government."

The CURE Act has been endorsed by the Drug Policy Alliance, the Due Process Institute, Law Enforcement Action Partnership (LEAP), the National Organization for the Reform of Marijuana Laws (NORML), and the US Cannabis Council.

Medical Marijuana

House Approves Veterans Medical Marijuana Access and Psychedelic Research Amendments to Defense Spending Bill. The House on Wednesday approved amendments to a large-scale spending bill that would allow Department of Veterans Affairs (VA) doctors to recommend medical cannabis to military veterans and promote research into substances like psilocybin and MDMA.

The medical marijuana measure, which was filed by the co-chairs of the Congressional Cannabis Caucus -- Reps. Brian Mast (R-FL), Earl Blumenauer (D-OR), Dave Joyce (R-OH) and Barbara Lee (D-CA) -- passed in a voice vote.

Their amendment would specifically prohibit the use of VA funds to enforce provisions of an existing directive that bars doctors from making medical cannabis recommendations to veterans.

The House also adopted, by a voice vote, an amendment from Reps. Lou Correa (D-CA) and Jack Bergman (R-MI) that would encourage research into the therapeutic potential of certain psychedelics.

Asset Forfeiture

Georgia Prosecutor Seeks to Seize Landlord's Property Because Tenant Possessed Meth. In a bid to stretch the fabric of asset forfeiture, the Ogeechee Circuit District Attorney's Office is seeking to seize the property of a landlord because of her tenant's alleged drug use. There is no allegation that the landlord was involved with or even aware of the alleged drug use, and there is no allegation that the tenant sold drugs -- only that she possessed them.

The case arose when a January raid of the tenant's home and utility shed turned up methamphetamine and the tenant was arrested on meth possession charges. But the criminal case has since stalled. Six months after the raid, the case has not even made it to the grand jury. There has been no indictment and no action since January.

The District Attorney's Office has nonetheless filed paperwork to seize the property where the tenant was arrested through civil asset forfeiture, which does not require a prior criminal conviction before seizing the property. In this case the property is a third of an acre of land, the utility shed, and a mobile home parked on the property where the tenant resided.

District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord is fighting the attempted seizure, and a hearing is set for tomorrow. Stay tuned.

FL Supreme Court Marijuana Initiative Fight, Peru Coca Expansion, More... (7/26/23)

Singapore has executed one drug offender with another set for later this week, the Florida ACLU joins the fight for a marijuana legalization initiative, and more.

The gallows. Singapore's implement of choice for dealing with drug traffickers, even small-time ones. (Pixabay)
Marijuana Policy

Florida Supreme Court Grants AG's Request for More Time to Challenge Marijuana Legalization Initiative. The state Supreme Court on Monday granted a request from Attorney General Ashley Moody (R) for more time to challenge a marijuana legalization initiative from Smart & Safe Florida. She now has until August 2 to make her argument that the initiative does not meet state requirements to be on the November 2024 ballot.

Smart & Safe Florida opposed the seven-day extension, arguing instead for a two-day extension, but the Supreme Court gave Moody the whole seven days.

If the high court approves the initiative or fails to issue a ruling by April 1, 2024, would be set to appear on the November 2024 ballot. Since it takes the form of a constitutional amendment, it will need 60 percent of the vote to pass.

Florida ACLU Joins Fight Over Getting Marijuana Legalization Initiative on the Ballot. The ACLU of Florida filed a brief on Monday backing the Smart & Safe Florida marijuana legalization initiative and calling out the state Supreme Court for the way it has handled ballot initiatives in recent years, turning the process into an "acrobatic exercise."

"The ACLU is arguing that the Supreme Court now has a history over the last several years in Florida of striking down these initiatives," ACLU attorney Will Cooper said. "If the Supreme Court really does want to let the people speak and get out of the business of striking these initiatives down and acted by the people of Florida, I think they certainly have a sufficient basis to let it stand," he added.

In the past five years, the Supreme Court has reviewed nine initiatives, striking down four of them, as well as refusing to review another initiative, effectively killing it. In the five year period before that, the high court reviewed seven initiatives and struck down none of them.

International

Peru's Surging Cocaine Trade is Overrunning Remote Indigenous Territories. In Ucayali department, which is a lowland jungle region bordering Brazil, coca has arrived, and the trade is threatening the reserves of the isolated tribespeople who inhabit the area. It is an area largely bereft of state services, including an anemic state security apparatus, a situation that has created "an open door" for the drug trade, say drug experts and indigenous communities.

Coca production has expanded from the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM) to far Ucayali, where land under cultivation has spiked nearly five-fold in the past five years. Nearly 35,000 acres of coca was grown on land belonging to some 295 native communities. Nationally, coca cultivation increased by 18 percent from 2021 to 2022.

"Ucayali has practically wide open borders and strategic positioning," said Frank Casas, an expert on Peru's drug trade. "Within the last three years, the region has become a high production area, and not only in terms of coca, but also in the production and commercialization of cocaine to international markets."

Singapore Hangs Drug Offender, Another Hanging Set for Friday. Singapore authorities hanged a 56-year-old man, Mohammed Aziz Hussain, after he was sentenced to death in 2018 for trafficking less than two ounces of heroin. And it is set to hang a woman, Saridewi Djamani, 45, on Friday for trafficking slightly more than an ounce of heroin in 2018.

The local Transformative Justice Collective and international human rights groups called on the government to halt the pending execution and end the resort to the death penalty. It had been under a moratorium during the coronavirus pandemic, but has returned with a vengeance last year with 15 drug offenders executed since then.

"Singaporean authorities must immediately stop these blatant violations of the right to life in their obsessive enforcement of misguided drug policies," Adilur Rahman Khan, secretary-general of the International Federation of Human Rights, said in a statement.

A joint statement by Transformative Justice Collective and other groups noted that Law Minister K. Shanmugam reportedly acknowledged in a 2022 interview that Singapore's harsh policy on drugs has not led to the arrest of the so-called drug kingpins.

"Instead of disrupting drug cartels… the government of Singapore deliberately retains capital drug laws that, in practice, operate to punish low-level traffickers and couriers, who are typically recruited from marginalized groups with intersecting vulnerabilities," the statement said.

CA Psychedelic Research Initiative, Colombia Coca Price Crash Causing Misery, More... (7/24/23)

Ab Ohio marijuana legalization initiative needs more signatures but has the time to get them, Singapore is set to hang two more drug offenders, and more.

A Colombia coca farmer. It is hard times in coca land. (DEA.gov)
Marijuana Policy

Ohio Marijuana Legalization Initiative Comes Up Short on Signatures, But Has Ten Days to Get More. A signature gathering campaign by the Coalition to Regulate Marijuana Like Alcohol to put a legalization initiative on the November ballot came up 679 signatures short, according to Secretary of State Frank LaRose (R). The campaign, though, has through August 4 to come up with more.

"It looks like we came up a little short in this first phase, but now we have 10 days to find just 679 voters to sign a supplemental petition -- this is going to be easy, because a majority of Ohioans support our proposal to regulate and tax adult use marijuana," coalition spokesman Tom Haren said in a statement.

The initiative would allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10% tax would support administrative costs, addiction treatment, municipalities with dispensaries and social equity and jobs programs.

Psychedelics

California Initiative Would Create State $5 Billion Psychedelic Agency. A campaign calling itself TREAT California is gearing up for a signature gathering campaign to put an initiative on the 2024 ballot that would create a $5 billion state agency to fund and promote psychedelic research to help speed the federal legalization of substances such as psilocybin and ibogaine.

The initiative would not legalize or decriminalize psychedelics in the state, but wants to create the Treatment, Research, Education, Access and Therapies (TREAT) Institute to look into the therapeutic potential of psychedelics to treat mental health conditions.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed initiative says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

International

Colombia Coca Price Collapse Causing Rural Misery. Over the past two years, the farmgate price of coca has fallen by a third in Cauca department, while in neighboring Narino department, the price of coca paste has dropped from $975 a kilo to around $240.

As a result, a good number of the 400,000 coca-growing families in the country are facing collective impoverishment an acute social crisis. Food insecurity due to price inflation and forced displacements of people in search of brighter prospects are now common.

While there are multiple causes for the price drop, the most direct one appears the massive increase in coca cultivation between 2018 and 2021, which led to an oversupply that sank prices. In addition, cultivation has spread to other countries in South and Central America, and other synthetic drugs, such as fentanyl, have gained ground.

Singapore Set to Hang Two More Drug Convicts. The city-state is set to hang two people convicted of drug offenses this week, including a 56-year-old man convicted of trafficking under two ounces of heroin and a 45-years-old woman sentenced to death for an ounce and a half of heroin. She would be the first woman sent to the gallows in Singapore in nearly 20 years.

Singapore has some of the world's toughest drug laws, including the death penalty for more than 500 grams of marijuana or 15 grams of heroin. At least 13 people have been executed for drug offenses since the government ended a moratorium in place during the coronavirus pandemic.

Amnesty International called on the government to halt the executions: "It is unconscionable that authorities in Singapore continue to cruelly pursue more executions in the name of drug control," Amnesty's death penalty expert Chiara Sangiorgio said in a statement. "There is no evidence that the death penalty has a unique deterrent effect or that it has any impact on the use and availability of drugs. As countries around the world do away with the death penalty and embrace drug policy reform, Singapore's authorities are doing neither," Sangiorgio added.

Minneapolis Enacts Psychedelic Reform, Albania Legalizes Medical Marijuana, More... (7/24/23)

New York GOP politicos want to ban public pot smoking, California is paying meth users who test negative, and more.

Magic mushrooms are among the natural psychedelics that are now the lowest law enforcement priority in Minneapolis. (CC)
Marijuana Policy

New York Republicans Want to Ban Public Marijuana Use. Republican state lawmakers are calling for a ban on public marijuana smoking and have proposed a bill, Assembly Bill 7612, that seeks to achieve that end by allowing local governments to put bans in place at the county or municipal level. The bill also would require local governments to affirmatively act to allow public marijuana use.

"State residents, including children, are now regularly assailed with the pungent odor of marijuana on public sidewalks, in parking lots and other public spaces," said Sen. George Borrello (R), sponsor of the Senate version of the bill (Senate Bill 7604). "Many New Yorkers don't want to be exposed to either the effects of marijuana smoke or its smell and don't want their children subjected to it."

The Republican bills seek fines of up to $125 for public marijuana consumption.

Drug Treatment

California Fights Meth Addiction with Gift Cards. After receiving a waiver from the federal Centers for Medicare and Medicaid Services, the state is beginning a pilot program in 24 counties to treat methamphetamine dependency by contingency management, a non-pharmaceutical intervention that reduces use by paying program participants who stay off the drug. Successful participants get gift cards for not testing positive for meth.

Without the federal waiver, the program had been blocked because the state could not cover the costs of the program. California is the first state in the nation to obtain such a waiver.

Among the localities participating in the pilot program are Los Angeles, Sacramento, and San Francisco. In the latter city, Zuckerberg San Francisco General Hospital opened enrollment for the pilot program last week and ultimately seeks to serve 50 participants. They will be tested once or twice a week and will receive a $10 gift card each time they test negative, up to $599. That's the limit because payments of $600 or more need to be reported to the Internal Revenue Service.

A similar program in the Department of Veterans Affairs has been ongoing since 2011 and has proven successful.

Psychedelics

Minneapolis Mayor Makes Psychedelics Lowest Law Enforcement Priority. Mayor Jacob Frey (DFL) last Friday issued an executive order making the use and possession of certain psychedelic drugs the lowest law enforcement priority. That makes the city the latest major city after Denver, Detroit, and Washington, DC, to adopt a more permissive stance toward psychedelics. A number of smaller cities have also enacted psychedelic reforms.

Frey said he hoped the move would contribute to national rethinking of prohibitionist drug laws and that it would draw attention to the role plant-based psychedelics can play for people dealing with depression, trauma and addiction.

"We have a mass proliferation of deaths of despair," he said, citing the nation's high rates of suicide and opioid abuse. "This is something that is known to help."

International

Albania Parliament Approves Medical Marijuana. The parliament last Friday voted 69-23 to legalize marijuana for medical purposes. It is not clear how it will be regulated, but the government believes legalizing it can boost tax revenues.

The country had been a leading illegal marijuana producing country in Europe, but after a police officer was killed raiding a marijuana operation in 2014, the government instituted a crackdown on the black market, which at the time accounted for more than two-thirds of the country's gross national product.

DC Law Protecting Pot-Smoking Workers Now in Effect, Ghana Okay Hemp & MedMJ Production, More... (7/14/23)

A Minnesota Native American reservation will have marijuana for sale on the first day of legalization (unlike most of the rest of the state), the US government quietly quits monitoring coca cultivation in Colombia, and more.

The US has suspended its satellite monitoring of Colombian coca leaf cultivation. (Creative Commons)
Marijuana Policy

Minnesota Tribe Will Have Pot Shop Open on Day One of Legalization. The Red Lake Reservation already has an existing medical marijuana dispensary, and when marijuana legalization goes into effect on August 1, it will switch to adult-use recreational marijuana sales. For the vast majority of the state that is not sovereign Native American territory, adult-use sales are not expected until 2025, when the fledgling Office of Cannabis Management sets up a regulatory framework.

Under the state's new marijuana law, adults will be able to buy and possess up to two ounces in public. They will also be able to grow up to eight plants, with up to four of them in flowering state, and possess up to two pounds from their harvest.

DC Law Barring Employers from Punishing Most Workers for Marijuana Use Is Now in Effect. A Washington, DC, law that bans most private employers from firing or otherwise punishing workers for off-duty marijuana use went into effect Thursday. Mayor Muriel Bowser signed the bill into law exactly a year ago, and it survived a 60-day congressional review period. The new expands employment protections enjoyed by government workers who use medical marijuana by covering workers of private businesses. Some categories of workers are excluded, such as those safety-sensitive positions in construction, police officers, and people whose jobs require a commercial drivers license or work with childcare and patients.

The law will "prohibit employers from firing, failing to hire, or taking other personnel actions against an individual for use of cannabis, participating in the medical cannabis program, or failure to pass an employer-required or requested cannabis drug test, unless the position is designated safety sensitive or for other enumerated reasons."

Foreign Policy

Biden Administration Halts Satellite Monitoring of Colombian Coca Crops. Without explanation, the Biden administration has suspended satellite monitoring of coca crops in Colombia, a program the US has maintained for years. According to the State Department, the suspension is "temporary," but no timeline for resumption was given, nor was any reason for it articulated.

"We are constantly assessing the effectiveness of various counternarcotics efforts and make changes to our efforts as needed," a State Department spokesperson said. "We continue to work with the Government of Colombia on the monitoring of illicit coca crops."

The government of President Gustavo Petro has deemphasized coca crop eradication even as cocaine production in the country remains at record levels and is instead seeking to refocus law enforcement efforts away from the countryside and instead go after large scale traffickers and money launderers.

Congressional Republicans, some of whom have been calling for Colombia to be decertified for failing to cooperate in US anti-drug efforts, have said they are outraged by the move. "This is a gift to the Petro Administration," Florida Sen. Marco Rubio, the vice chairman of the Senate Select Committee on Intelligence and a senior member of the Committee on Foreign Relations, said in a statement to The Associated Press. "It's another example of the Biden Administration giving concessions to far-left governments in the region."

President Petro has pushed back, saying the US would be best served by dealing with the fentanyl crisis, as well as noting that nothing is forever. "Things change. The structure of drug consumption is changing for the worse, reducing [US] demand for cocaine, which is starting to flow to other parts of the planet."

International

Ghana Parliament Approves Medical Marijuana, Hemp Production. The parliament has approved amending the Narcotics Control Commission law, clearing the way for cannabis cultivation for medicinal and industrial purposes. The Ministry of the Interior has been given the responsibility for regulating the nascent industry.

Federal Drug Prisoner Population Declines, CA Psychedelic Legalization Bill Advances, More... (7/13/23)

A GOP-led House committee has killed marijuana and psychedelic reform amendments to the defense spending bill, a Mexican drug cartel uses roadside bombs against the police, and more.

There has been a remarkable drop in federal drug prisoners in recent years. (Creative Commons)
Marijuana Policy

House Committee Kills Every Marijuana and Psychedelic Amendment to Must-Pass Defense Spending Bill. The GOP-led House Rules Committee has killed more than a dozen bipartisan marijuana and psychedelic policy amendments to the National Defense Authorization Act. The Republican leadership of the committee declined to accept any of them for floor votes. Among the proposed amendments killed was one to end marijuana testing for people trying to join the armed forces, one protecting federal workers from losing security clearances because of marijuana, one allowing servicemembers to use CBD and other hemp-derived products, and one investigating the therapeutic potential of certain psychedelics.

Michigan Ends Pre-Employment Marijuana Screening for Most State Jobs. Following months of public comment, the Michigan Civil Service Commission has voted unanimously to adopt new rules ending the practice of pre-employment marijuana screening for most state workers. Under the new policy, most public employees will no longer be required to undergo pre-employment marijuana testing. (Exceptions to the new rules will remain for those in certain safety sensitive positions, like law enforcement personnel.) Those previously denied positions because of a failed marijuana test are also now eligible to immediately reapply for employment.

Psychedelics

California Psychedelic Legalization Bill Wins Another Committee Vote. A bill that would legalize the possession and use of certain psychedelics, Senate Bill 58, which has already been approved by the Senate, has now won a second committee vote in the Assembly. The measure passed the Assembly Health Committee on a 9-2 vote Tuesday. It must now pass only one more committee, the Assembly Appropriations Committee, before heading for an Assembly floor vote. The bill would legalize the "possession, preparation, obtaining, transfer, as specified, or transportation of" specific amounts of psilocybin, psilocyn, DMT, ibogaine and mescaline for personal or facilitated use. Notably, "synthetic" psychedelics like LSD and MDMA would not be legalized, unlike the provisions of the previous version of legislation from Sen. Scott Wiener (D-San Francisco).

Berkeley City Council Effectively Legalizes Some Psychedelics. The city council of the East Bay city voted Tuesday to effectively legalize a range of psychedelics by voting unanimously to make the enforcement of state and federal laws against psychedelic plants and fungi the lowest law enforcement priority. The resolution passed, however, bars the "giving away, sharing, distributing, transferring, dispensing, or administering" of psychedelics.

Sentencing

Nearly a Quarter Fewer Persons Were in Federal Prison for Drug Offenses in 2018 Than in 2013. The number of people held in Federal Bureau of Prisons' facilities on a drug offense fell 24% from fiscal yearend 2013 (94,613) to fiscal yearend 2018 (71,555), according to Sentencing Decisions for Persons in Federal Prison for Drug Offenses, 2013-2018, a new report from the Bureau of Justice Statistics. These persons accounted for 51% of the federal prison population in 2013 and 47% in 2018.

Between 2013 and 2018, there were large decreases in persons serving time in federal prison for marijuana (down 61%), crack cocaine (down 45%) and powder cocaine (down 35%), with a smaller (4%) decline in persons imprisoned for opioids. These reductions were partly offset by growth in the number of persons serving time for heroin (up 13%) and methamphetamine (up 12%).

During the 5-year period, there was also a 33% decrease in the number of people in federal prison who, because of the type and amount of drugs involved in their offense, faced the possibility of mandatory minimum penalties at sentencing. A similar decline trend was observed in the number who ultimately received penalties (down 26%) and received relief from penalties (down 52%).

About 60% of all people in BOP custody for drug offenses at fiscal yearend 2018 had received mandatory minimum penalties: 22% for methamphetamine, 15% for powder cocaine, 14% for crack cocaine, 5% for heroin, 4% for marijuana and less than 1% for opioids. When the federal prison population was analyzed by persons who could have received penalties for their drug offense, those serving time for crack cocaine were more likely to receive penalties (94%) than those held for marijuana (82%), powder cocaine (81%), heroin (80%), methamphetamine (79%) or opioids (70%).

International

Montreal Police Raid Illegal Magic Mushroom Shop on Opening Day. FunGuyz, a chain of shops selling illegal magic mushrooms, has already had several of its stores raided in Ontario, and on Tuesday, it could add one in Montreal to the list. Montreal police raided the shop hours after it opened offering a menu of pills, dried mushrooms, and chocolate bars laced with psilocybin.

A FunGuyz spokesman called the raid a "simple" product seizure and a "waste of taxpayers' money." He said opening FunGuyz was a form of protest to challenge the illegality of psychedelic drugs. "We do expect the police to come in and raid us because obviously what we're doing, it's illegal," he said on Tuesday. "The idea behind everything is, are the police willing to… use the taxpayers' money for mushroom stuff?"

Mexican Drug Cartel Use Roadside Bomb to Kill Cops. Four police officers and two civilians were killed by a series of roadside bombs in the western state of Jalisco on Tuesday. Authorities said an anonymous caller reported a tip about a supposed clandestine burial site, and when police went to investigate, seven roadside bombs went off simultaneously. The blasts were so powerful they left craters in the road, destroyed at least four vehicles, and wounded 14 more people. The state prosecutor blamed an unnamed drug cartel. The Jalisco New Generation Cartel has significant experience with improvised explosive devices, as well as bomb-dropping drones.

Ukraine Parliament Gives Initial Approval to Medical Marijuana Bill. The parliament has given initial approval to a bill to legalize medical marijuana in the country. It must still be approved in a second reading and then sent to President Volodymyr Zelensky for his signature. Zelensky has already said he supports the bill.

Medical Marijuana Update

It looks like there will be no medical marijuana for North Carolina this year, Minnesota's program adds 19 new qualifying conditions to its already lengthy list, and more.

Florida

Florida Governor Signs Bill Okaying Telehealth for Medical Marijuana. Gov. Ron DeSantis (R) has quietly signed into law a measure allowing the use of telehealth to renew medical marijuana recommendations, House Bill 387. To obtain a medical marijuana patient card, however, an in-patient examination by a physician is still required.

Minnesota

Minnesota Adds 19 New Qualifying Conditions, Waives Fees for Patients. Irritable bowel syndrome and obsessive-compulsive disorder are among the 19 different medical conditions just added to the state's very lengthy list of qualifying conditions for medical marijuana. That went into effect July 1.

Also in effect as of July 1 is the waiving of registration fees for patients. Until now, it cost $200 a year. And patients can now be certified by a health practitioner, expanding the number of medical personnel who can make recommendations.

"They will enter that into our patient registry and then you are sent a link to go ahead and register for the medical cannabis program," said Office of Medical Cannabis Director Chris Tholkes. "As of July 1st, there is no longer an annual fee of 200 dollars. It's now zero to participate in our program."

New York

New York Town Must Pay $200,000 After Firing Medical Marijuana Patient. The city of Amsterdam must pay almost $200,000 to a city worker fired after failing a drug screening for marijuana. A jury found that the city discriminated against Thomas Apholz, a wastewater treatment plant worker who was first suspended and then fired after the drug test.

The state legalized medical marijuana in 2014. State law grants registered medical marijuana patients disability status, which gives protection from employment discrimination for using medical marijuana.

After he was fired, he filed suit in state Supreme Court in Montgomery County, alleging unlawful employment discrimination and failure to accommodate his disability as required by the New York Humans Rights Law. And now he has won.

North Carolina

North Carolina Medical Marijuana Bill Probably Dead for This Year. Legislation that would legalize medical marijuana in the state is probably dead for the rest of this year's legislative session, House Speaker Tim Moore (R) said Tuesday. The Senate had passed a medical marijuana bill, Senate Bill 3, four months ago, but other than a single committee hearing, it has languished in the House.

Moore said he agreed with the assessment of House Majority Leader John Bell (R) that there was not enough support in the Republican caucus for the bill to advance further. The GOP caucus has a rule that a majority of its members must be willing to vote for a bill on the House floor for it to get heard, even if the measure could pass with support from Democrats.

Complying with the rule "would require a number of House members who've taken a position of 'no' to literally switch their position to want to vote for it, and I just don't see that happening," Moore said.

Pennsylvania

Pennsylvania Bill to Allow Medical Marijuana for Any Condition Advances. A bill that would loosen up the state's medical marijuana program, most notably by eliminating the requirement that a patient have a specified medical condition to qualify for its use, has passed the Senate Law & Justice Committee on a 10-1 vote.

Senate Bill 835 would also eliminate the expiration date on medical marijuana cards, allow medical marijuana to be sold in edible form, and give independent medical marijuana growers and processors additional retail dispensary permits.

The committee also passed Senate Bill 538, which also allows for medical marijuana edibles, as well as vaping, and Senate Bill 773, which also allows new licenses for growers and processors. All three bills now head for a Senate floor vote.

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