A major civil and human rights group comes out against one federal fentanyl bill, bipartisan senators and representatives file another one, and more.

Fentanyl. The deadly drug continues to generate bills in Congress. (Creative Commons)

Minnesota Marijuana Legalization Bill Ready for Final Votes This Week. House and Senate conference committee negotiators have resolved the remaining differences between the House and Senate marijuana legalization bills and ready to send the final bill to floor votes in both chambers this week. The final sticking points were on the marijuana tax rate and appropriating revenue. Negotiators agreed to the 10 percent retail sales tax in the Senate bill (the House had voted for 8 percent to be adjusted every two years) and agreed that 80 percent of marijuana revenues will go to the state and 20 percent to local governments to cover expenses related to implementing legalization.

Medical Marijuana

Nebraska Activists File Papers for 2024 Medical Marijuana Initiative. The group Nebraskans for Medical Marijuana has filed papers to mount petition drives to put a pair of medical marijuana initiatives on the 2024 ballot. One would set up the doctor/patient system, while the other would regulate the industry. Activists have been trying for eight years to get the legislature to pass a medical marijuana bill, to no avail. Last year, a signature-gathering effort for a medical marijuana initiative came up short because financial problems blocked the group from hiring professional petitioners.

"We have no choice but to keep petitioning our government," said group spokeswoman Crist Eggers. "The legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this."

Asset Forfeiture

New York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. The Senate Codes Committee on Monday approved a bill that would end civil asset forfeiture, Senate Bill 2192. Under the bill filed by Sen. Jamaal Bailey (D) forfeiture could only occur if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also address "policing for profit" by requiring that forfeiture proceeds go to the state general fund. Currently, the seizing agency gets to keep up to 60 percent of the proceeds. And the bill would opt the state out of the federal "equitable sharing" program that allows law enforcement agencies to skirt state asset forfeiture laws by handing cases off to the feds, who then return most of the money to the seizing agency. The bill now heads to the Senate Finance Committee.

Drug Policy

Bipartisan Bill Aims to Counter National Security Threat of Illicit Drug Trafficking. US Reps. Salud Carbajal (D-CA) and Stephanie Bice (R-OK) and Sens. Joni Ernst (R-IA) and Tim Kaine (D-VA) are leading a bipartisan effort directing increased federal attention to fentanyl trafficking by utilizing the tools of the Department of Defense (DoD) and involving Mexico as an active partner to combat this crisis and disrupt drug cartel and trafficking activity.

The Disrupt Fentanyl Trafficking Act of 2023 would attempt to address cross-border drug trafficking by:

• Declaring fentanyl trafficking a national security threat stemming from drug cartels and smugglers,
• Directing the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with foreign nations,
• Requiring the Secretary of Defense to increase security cooperation with the Mexican military, and
• Addressing coordination efforts between the military and federal law .enforcement agencies.

Leadership Conference on Civil and Human Rights Opposes HALT Fentanyl Act. The Leadership Conference on Civil and Human Rights on Wednesday sent a letter to the House leadership to express its "strong opposition" to H.R. 467, the HALT Fentanyl Act.

"This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a flawed class definition," the letter says. "Additionally, it imposes mandatory minimums and fails to provide an offramp for removing inert or harmless substances from the drug schedule. The class wide scheduling that this bill would impose would exacerbate pretrial detention, mass incarceration, and racial disparities in the prison system, doubling down on a fear-based, enforcement-first response to a public health challenge. Under the class wide control, any offense involving a "fentanyl-related substance" is subject to federal criminal prosecution, even if the substance in question is helpful or has no potential for abuse."

The Leadership Conference represents more than 230 national organizations.

International

Singapore Executes Marijuana Offender for Second Time in Three Weeks. For the second time in three weeks, Singapore has hung a man for trafficking marijuana. The unnamed 37-year-old Malay Singaporean was executed at dawn Wednesday at Changi Prison for trafficking about 3.3 pounds of pot. On April 26, Singapore executed Tangaraju Suppiah, 46, for trafficking 2.2 pounds of pot despite an international outcry. Under Singapore law, trafficking more than 1.1 pounds of pot can garner a death sentence. The city-state halted all executions during the coronavirus pandemic, but hanged 11 people last year -- all for drug offenses.

"If we don't come together to stop it, we fear that this killing spree will continue in the weeks and months to come," said Kokila Annamalai of the Transformative Justice Collective, which campaigns for the abolition of the death penalty in Singapore.

The House passes a bill to fund research into the veterinary-drug-turned-fentanyl-supplement Xylazine, a former Filipina president introduces a medical marijuana bill, and more.

You're going to have to go inside if you want to smoke pot in Amsterdam's Red Light District. (Creative Commons)

House Passes Bill to Fund Research into Xylazine. The veterinary drug Xylazine, also known as Tranq, has entered illicit drug markets, leaving behind a toll of disease, amputations, and overdoses. Now, the House has responded by passing H.R. 1374, the Tranq Research Act. The bill would fund research into the drug at the National Institute of Science and Technology. Companion legislation in the Senate, S.1280, is currently before the Senate Commerce, Science and Transportation Committee. Meanwhile, another effort to address Xylazine by making it a Schedule III controlled substance, S.993, is before the Senate Judiciary Committee.

Alaska House Approves Bill to Increase Drug Distribution Sentences. The House last Thursday approved House Bill 66, which would increase penalties for people who distribute fentanyl, other opioids, and methamphetamine. The bill would allow for second degree murder charges for people who distribute those drugs if someone suffers a fatal overdose on them. Previously, people only faced a manslaughter charge. A second degree murder conviction has a maximum 99-year prison sentence. The bill also increases penalties for people who distribute a broad class of drugs, including Adderall and psychedelic mushroom, to people under 19 and incapacitated people. The bill is now before the Senate Judiciary Committee and must pass the full Senate this week because the session ends at the end of this week.

International

Amsterdam Bans Outdoor Pot Smoking in Red Light District. The city council has announced that as of mid-May, the city's famous Red Light District, home to legal prostitution and numerous cannabis coffeeshops, is going smoke-free when it comes to marijuana. That means pot smoking will be restricted to the cannabis cafes, but the council also said he could extend the ban to outdoor seating areas of the cannabis cafes if necessary. The move is part of the city's effort to create a more calm and comfortable environment for residents, who have been complaining for years about the high volume of tourists in the city center -- about 18 million annually. The council also mandated that sex workers shut down by 3:00am instead of 6:00am and that bars and restaurants will have to close at 2:00am on weekdays and 4:00am on weekends. Also, liquor outlets in the central city will be barring from selling alcohol from 4:00pm Thursday through Sunday.

Philippines Medical Marijuana Bill Filed. Former president and current Senior Deputy House Speaker Gloria Macapagal-Arroyo and former House speaker Pantaleon Alvarez have joined forces to file House Bill 7187, which would legalize marijuana for medical purposes. The measure is identical to a medical marijuana bill she filed in the previous congress. That bill never got a House floor vote.

"I really believe in medical cannabis. As you know I have my problem here (cervical spine) and when I'm in a country that allows it, I put on a pain patch, but here in the Philippines I cannot do it," Maccapagal-Arroyo said. "I authored that bill because I believe that it can help me and many other people, but there was a lot of objection to the bill from the House and from the Senate. That's why we are just letting the legislative process take its course," she explained.

Washington State bans discrimination against potential new hires over off-the-job marijuana use, Senate drug warriors file a bill aimed at counterfeit pills, and more.

Legal marijuana is one step closer in Colombia after it won approval in the Chamber of Representatives. (irin.org)

Washington Becomes Latest State to Ban Pre-Employment Tests for Marijuana. Gov. Jay Inslee (D) has signed into law Senate Bill 5123, which bars employers from using a positive test for marijuana to disqualify potential new hires. As of January 1, 2024, it will be "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." Employers can, however, still punish employees for positive marijuana test results even if the use was off-the-job and there are exemptions for certain safety-sensitive employers.

Drug Policy

DEA Extends Pandemic Telehealth Prescribing Rules, Including for Buprenorphine. The Drug Enforcement Administration (DEA) has extended under November 11 rules created during the pandemic that allow for the prescribing of controlled substances via telehealth. The agency says it will make a final decision on whether to make the changes permanent before the current extension expires. The rule has drawn the interest of drug reformers because it allows for telehealth access to buprenorphine, which is used to treat opioid use disorder.

Senators File Bill to Attack Counterfeit Pill Production. Senate Caucus on International Narcotics Control co-chair Sen. Charles Grassley (R-IA), Sen. Dianne Feinstein (D-CA), and Sen. Maggie Hasan (D-NH) have filed a bill that seeks to halt a surge in counterfeit pills containing methamphetamine, fentanyl, or fentanyl analogues, the Stop Pills that Kill Act.

The bill does not mandate new or increased criminal penalties but requires the DEA to come up with a plan to address the problem within 180 days and requires the agency, the Office of National Drug Control Policy (ONDCP -- the drug czar's office), and the attorney general to file an annual report "on information regarding the collection and prosecutions of counterfeit fentanyl and methamphetamine substances." The bill would, however, "ensure that existing penalties for possessing paraphernalia used to manufacture methamphetamine would also apply to possessing paraphernalia used to make counterfeit pills that contain methamphetamine, fentanyl and fentanyl analogues."

The bill is endorsed by a variety of anti-drug groupings, including the National Narcotic Officers' Associations Coalition, Community Anti-Drug Coalitions of America, Song for Charlie, Victims of Illicit Drugs, Major Cities Chiefs Association and National District Attorneys' Association. But the bill's purpose, if not its precise language, could be consistent with the harm reduction approach as well, in in this case by helping drug users avoid taking pills that they think are one thing but are really another.

International

Colombia Chamber of Representatives Approves Marijuana Legalization; Bill Now Heads to Senate for Final Votes. A marijuana legalization bill has won final approval in the Chamber of Representatives and now heads to the Senate, where it must win a committee vote before heading for a final Senate floor vote. The bill passed the lower chamber by a vote of 98-57. A legalization bill passed both chambers last year but since it is in the form of a constitutional amendment, it has to be passed by both chambers in two separate calendar years.

A New York bill increasing civil penalties for illicit pot shops is signed into law, Oregon regulators approve the nation's first licensee for therapeutic psilocybin services, and more.

Fentanyl test strips. The Florida legislature has become the latest to decriminalize them. (Creative Commons)

New York Governor Signs Bill to Increase Civil Penalties for Illicit Pot Shops. Gov. Kathy Hochul (D) last Wednesday signed into law Assembly Bill 3281, which increases civil and tax penalties for unlicensed marijuana retailers, including fines of up to $20,000 a day. The move is aimed at reigning in an illicit marijuana market in the state that exploded in the months-long gap between marijuana being legalized and licensed retail sales that only recently began. At this point, there are only a handful of licensed marijuana outlets in the state compared to more than a thousand unlicensed outlets in New York City alone.

"As New York State continues to roll out a nation-leading model to establish its cannabis industry, these critical enforcement measures will protect New Yorkers from illicit, unregulated" Hochul said. "Unlicensed dispensaries violate our laws put public health at risk and undermine the legal cannabis market. With these enforcement tools, we're paving the way for safer products, reinvestment in communities that endured years of disproportionate enforcement, and greater opportunities for New Yorkers."

Medical Marijuana

Florida Lawmakers Approve Bill to Allow Telehealth Renewals for Medical Marijuana, Help Black Farmers Get Grow Licenses. With a final vote in the Senate last Wednesday, the legislature approved House Bill 387. The measure allows doctors to renew approvals for medical marijuana patients via telehealth. New patients will still require an in-patient exam. The measure could also help Black farmers get medical marijuana grow licenses after years of delays. Only one license has been issued to a Black farmer, and this bill could lead to the Department of Health issuing additional licenses to Black farmers.

Psychedelics

Oregon Regulators Approve Nation's First Psilocybin Service Center. The Oregon Health Authority has awarded a license to EPIC Healing in Eugene to provide therapeutic psilocybin services, where people can use the psychedelic in a supervised and facilitated environment. This is a national first and comes after state voters approved therapeutic psilocybin services in 2020. Now, the state has issued at least one license in all four licensing categories -- facilitators, testing labs, psilocybin manufacturing, and therapeutic services.

"This is such a historic moment as psilocybin services will soon become available in Oregon, and we appreciate the strong commitment to client safety and access as service center doors prepare to open," Oregon Psilocybin Services (OPS) Section Manager Angie Allbee said in a press release.

Harm Reduction

Federal Government Provides Grant to Study Safe Injection Sites. New York University and Brown University announced Monday that they had received a four-year, $5 million grant to study whether safe injection sites can prevent drug overdoses, estimate their costs, and weigh potential savings for health care and criminal justice systems. This marks the first time the federal government has paid for such a study. The study will focus on two safe injection sites already operating in New York City and one set to open next year in Rhode Island and hopes to enroll a thousand adult drug users. The grant comes from the National Institute on Drug Abuse (NIDA). Studies from the 14 countries that currently allow safe injection sites have found they radically reduce drug overdose deaths.

"There is a lot of discussion about overdose prevention centers, but ultimately, we need data to see if they are working or not, and what impact they may have on the community," said NIDA director Dr. Nora Volkow.

Florida Lawmakers Pass Bill to Decriminalize Fentanyl Test Strips. The House last Wednesday gave final, unanimous approval to a bill that decriminalizes fentanyl test strips by removing them from the state's list of drug paraphernalia, Senate Bill 164. More than 6,000 Floridians died in drug overdoses implicating fentanyl in 2020. A similar bill failed last year after some critics claimed that legalizing the test strips would incentive drug use.

International

Honduran Police Seize a Million Coca Plants, Rustic Labs. The Honduran National Police announced that a raid last Friday in a protected forest reserve in the eastern part of the country resulted in the seizure of more than one million coca plants, two million seedlings, and "four rustic structures" used to extract alkaloids from the coca leaf and store chemicals used in the process. While coca has traditionally been grown almost exclusively in its native Andean region of South America, Honduran authorities have been encountering small coca plantations on their soil since 2017, but never one approaching this size.