2020

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NE Supreme Court Throws Out MedMJ Init, Bipartisan Federal Bail Reform for Drugs Bill, More... (9/11/20)

The Nebraska Supreme Court blocks the state from voting on a medical marijuana initiative, both houses of the Virginia legislature pass marijuana expungement bills, and more.

A new federal bill would ease bail requirements for drug offenses. (Pixabay)
Marijuana Policy

Virginia Legislature Passes Marijuana Expungement Bills. Both the state Senate and the House approved bills this week that would allow people with prior marijuana convictions to clear their records. The House passed its bill, HB 5146, Wednesday; the Senate followed suit with SB 5043 Thursday. The House bill has now been sent to the Senate Judiciary Committee. Now, the two chambers have to negotiate their differences to get an expungement bill to the desk of Gov. Ralph Northam (D).

Medical Marijuana

Nebraska Supreme Court Invalidates Proposed 2020 Medical Marijuana Legalization Initiative. The state's highest court ruled Friday that the medical marijuana initiative set to go before voters in November will not appear on the ballot because its language violates the state's single subject rule. The 5-2 ruling came in a case from a county sheriff and reversed a ruling from the secretary of state that rejected that argument. The court held that: "As proposed, the NMCCA contains more than one subject -- by our count, it contains at least eight subjects. In addition to enshrining in our constitution a right of certain persons to produce and medicinally use cannabis under subsections (1) and (2), in subsections (3) and (4), the NMCCA would enshrine a right and immunity for entities to grow and sell cannabis; and in subsections (6), (7), and (8), it would regulate the role of cannabis in at least six areas of public life. These secondary purposes are not naturally and necessarily connected to the NMCCA's primary purpose. As such, they constitute logrolling… The decision of the Secretary of State is reversed. We issue a writ of mandamus directing him to withhold the NMCCA from the November 2020 general election ballot."

Criminal Justice

Bipartisan Trio of Senators File Bill to Stop Feds from Throwing Drug Defendants in Jail Before They're Convicted. Sens. Dick Durbin (D-IL), Mike Lee (R-UT), and Chris Coons (D-DE) have introduced a bill that could potentially keep people charged with federal drug crimes out of unnecessary pretrial detention. The Smarter Pretrial Detention for Drug Charges Act of 2020 would change federal bail policies that currently presume people facing drug sentences of 10 years or more will be detained before trial. Under this bill, people facing such charges would no longer be treated with the presumption that they would be denied bail. Bail could still be denied, though, in the case of flight risk or danger to the community. The bill has the support of criminal justice reform groups across the political spectrum. The American Civil Liberties Union, the Innocence Project, and the Drug Policy Alliance all support it, as do Americans for Prosperity, Justice Action Network, Americans for Tax Reform (federal pretrial detention costs taxpayers $18,615 per defendant), and FreedomWorks.

Federal MJ Research Bill Wins Committee Vote, MA Report on Racial Sentencing Disparities, More... (9/10/20)

The federal Medical Marijuana Research Act of 2019 is heading for the House floor, New Jersey Republican party leaders come out hard against marijuana legalization, and more.

A marijuana research bill heads for a House floor vote after winning a committee vote Wednesday. (Creative Commons)
Marijuana Policy

Key House Committee Advances Marijuana Research Bill. The House Committee on Energy and Commerce on Wednesday voted unanimously by voice vote to advance HR 3797, the Medical Marijuana Research Act of 2019. The bill would "amend the Controlled Substances Act to make marijuana accessible for use by qualified marijuana researchers for medical purposes, and for other purposes." The bill would remove all limits on the number of research entities that could be federally approved to grow or distribute marijuana and require the Department of Health and Human Services to report to Congress within five years on a review of marijuana research and whether it should be rescheduled. The bill now heads for a House floor vote.

New Jersey Republicans Formally Oppose Marijuana Legalization Initiative. GOP leaders from all 21 counties in the state unanimously backed a resolution Thursday opposing the legislatively sponsored marijuana legalization referendum that will appear on the November ballot. The Republican County Chairmen's Association called on its on their supporters to vote it down. "Pro-pot legislators may not care about the damage that legal pot will do to our children, families, schools and neighborhoods, but as an organization deeply dedicated to promoting a healthy and safe New Jersey, my chairmen colleagues and I felt obligated to speak out against the ballot question," Hudson County Republican Chairman Jose Arango said.

Drug Policy

New Report Highlights Racial Disparity in Massachusetts Drug and Weapons Charges. Researchers at Harvard Law School released a report Wednesday that finds Black and Latino defendants are more likely than White ones to be imprisoned for drugs and weapons crimes and more likely to get longer sentences than White ones. The study was sought by the chief justice of the state's highest court, and found that racial disparities in sentencing length are largely because Black and Latino tend to be initially charged more harshly for crimes that "carry longstanding racialized stigmas." The disparities remain even "after controlling for charge severity and additional factors," according to the report from the law school's Criminal Justice Policy Program.

Drug Testing

Supreme Court of Ohio Gives Employers the Green Light to Drug Test At-Will Employees Under Direct Observation When the Employees Give Broad Consent. The state's highest court has ruled that if an employer has a substance abuse policy that requires workers to undergo random suspicionless drug testing and workers sign a consent form allowing "any testing necessary," they implicitly agreed to allow "direct observation" testing and have no privacy claim. "Direct observation" testing mean having someone watch workers as they provide a urine sample to be tested.

Medical Marijuana Update

Mississippi

Mississippi Poll Has Very High Support for Medical Marijuana Initiative. Polling firm FM3 Research recently conducted a survey of state voters and found a whopping 81% supported legalizing the use of medical marijuana. Voters will have the chance to vote on two competing initiatives, one championed by Mississippians for Compassionate Care, and another watered-down created by state legislators. The survey found voters preferred the original initiative, Initiative 65, over the watered-down one, Alternative 65A.

Nebraska

Nebraska Medical Marijuana Initiative Survives Legal Challenge. The secretary of state in late August rejected a legal challenge against a medical marijuana initiative headed for the November ballot. The move came just one day after the initiative had officially qualified for the ballot. The legal challenge claimed the initiative violated the state's single-subject rule and that it "creates doubt about what will be authorized after the election."

Nebraska Supreme Court Hears Lawsuit Seeking to Block Medical Marijuana Initiative. The state Supreme Court heard arguments Thursday from both sides on the constitutionality of a medical marijuana initiative that has already qualified for the ballot. The initiative is being challenged by Lancaster County Sheriff Terry Wagner, even though it has already passed constitutional muster by state officials. The court has until September 11th to rule on this ballot measure and decide whether Nebraska voters will get to decide on medical marijuana.

MN Forfeiture Report Released, PA GOP Continues to Block Marijuana Legalization, More... (9/4/20)

The Nebraska Supreme Court hears a challenge to the state's medical marijuana initiative, Minnesota releases an audit of asset forfeiture practices in the state, and more.

An audit of asset forfeiture practices in Minnesota finds it hurts poor people more than it helps law enforcement. (CC)
Marijuana Policy

Pennsylvania Republicans Block Governor's Call for Marijuana Legalization. A day after Gov. Tom Wolf (D) called on the legislature to pass marijuana legalization to help the state budget, legislative Republicans are still blocking any progress. "There is just not the support in the caucus for legalizing marijuana right now," Jason Gottesman, a spokesman for House Majority Leader Kerry Benninghoff (R-Centre) said Thursday.

Medical Marijuana

Nebraska Supreme Court Hears Lawsuit Seeking to Block Medical Marijuana Initiative. The state Supreme Court heard arguments Thursday from both sides on the constitutionality of a medical marijuana initiative that has already qualified for the ballot. The initiative is being challenged by Lancaster County Sheriff Terry Wagner, even though it has already passed constitutional muster by state officials. The court has until September 11th to rule on this ballot measure and decide whether Nebraska voters will get to decide on medical marijuana.

Asset Forfeiture

Minnesota Audit Criticizes Asset Forfeiture Practices. State Auditor Julie Blaha released an annual report on asset forfeiture practices on Wednesday, and highlighted the fact that most seizures are from low income people and hurts them more than they help law enforcement. "The data shows that when it comes to the impact of forfeitures, the big story is in the small numbers," Blaha said in a statement. "Those kinds of amounts have a small impact on government systems, but they have a big impact at the individual level. If you are managing a public safety budget, small forfeitures are a minor and unpredictable part of your revenue stream," Blaha continued. "But if you are a low-income person experiencing a forfeiture, those amounts can have a big effect on your life. Having a few hundred dollars seized can mean the difference between making rent or homelessness. Losing that old car can lead to missing work and losing your job."

CA Safe Injection Site Bill Killed, Good Polls on MS MedMJ and DC Natural Psychedelic Initiatives, More... (9/3/20)

There are good polling results for medical marijuana in Mississippi and a natural psychedelic initiative in DC, Pennsylvania's top elected officials call for marijuana legalization, and more.

A psilocybin molecule. The plant-based drug would be effectively decriminalized if a DC initiative passes. (Creative Commons)
Marijuana Policy

Pennsylvania Governor, Lt. Governor Call on Legislature to Legalize Marijuana. Governor Tom Wolf (D) and Lt. Governor John Fetterman (D) called Thursday for the General Assembly to go beyond medical marijuana and legalize marijuana outright, not just medical, in Pennsylvania. According to the governor's office, legalization will provide a revenue stream that will help the state's economic recovery from the coronavirus pandemic.

Medical Marijuana

Mississippi Poll Has Very High Support for Medical Marijuana Initiative. Polling firm FM3 Research recently conducted a survey of state voters and found a whopping 81% supported legalizing the use of medical marijuana. Voters will have the chance to vote on two competing initiatives, one championed by Mississippians for Compassionate Care, and another watered-down created by state legislators. The survey found voters preferred the original initiative, Initiative 65, over the watered-down one, Alternative 65A.

Harm Reduction

California Safe Injection Site Bill Killed. Legislative leaders in Sacramento last week killed Assembly Bill 362, which would have allowed the cities of Oakland and San Francisco to establish safe injection sites in a bid to reduce drug overdoses. The bill had already passed the Assembly but was shelved in the Senate.

Psychedelics

DC Poll Has Solid Support for Psychedelic Decriminalization Initiative. A new poll of DC residents has support for Initiative 81 at 60%, up nine points since the poll was last conducted in April. The measure would make natural psychedelics the lowest law enforcement priority in the nation's capital.

International

Australian Officials Ponder Allowing MDMA, Magic Mushrooms for Mental Health Treatment. The country's medicines regulator, the Therapeutic Goods Administration, is seeking feedback on a proposal to legalize MDMA and psilocybin -- the active ingredient in magic mushrooms -- for mental health treatment purposes. Mind Medicine Australia, a non-profit that advocates for new treatments for depression and PTSD has asked the regulator to allow psychiatrists to use MDMA and the hallucinogenic psilocybin in therapy sessions.

House to Vote on Legal Marijuana This Month, NE MedMJ Initiative Qualifies for Ballot, More... (9/2/20)

A bill to ban police searches based soley on the odor of marijuana is moving in Virginia, Pennsylvania's governor wants to legalize marijuana to help coronavirus-ravaged state economy, and more.

There will be a historic vote in the House this month. (Creative Commons)
Marijuana Policy

House Will Vote on Marijuana Legalization Bill This Month. The House will vote this month on the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, HR 3884, this month, according to an email from Majority Whip James Clyburn (D-SC). The measure would remove marijuana from the Controlled Substances Act and expunge records of some marijuana-related offenses.

Pennsylvania Governor Wants Marijuana Legalization as Effort to Fix State Economy Ravaged by Coronavirus. Gov. Tom Wolf (D) is calling on the Pennsylvania legislature to legalize recreational marijuana and use the tax revenue to help small businesses that have been impacted by the coronavirus pandemic. "Repairing the damage of this pandemic is not going to be easy," Wolf said at a news conference last Tuesday. "The legislature can act right now to get us back on track as quickly as we possibly can."

Virginia Senate Approves Bill to Ban Police Searches Based Solely on the Smell of Marijuana. The state Senate approved a bill last Friday that would bar searches and seizures based solely on the odor of marijuana. The measure, SB5029, now needs approval in the House. The House version, HB5058, passed the House Courts of Justice Committee last Wednesday. Marijuana possession has been decriminalized in the state since June.

Medical Marijuana

Nebraska Medical Marijuana Initiative Survives Legal Challenge. The secretary of state last Thursday rejected a legal challenge against a medical marijuana initiative headed for the November ballot. The move came just one day after the initiative had officially qualified for the ballot. The legal challenge claimed the initiative violated the state's single-subject rule and that it "creates doubt about what will be authorized after the election."

AZ Legalization Initiative a Go, Oakland Cops Raid Mushroom Church, More... (8/21/20)

A British prescription heroin pilot program gets extended after promising first year results, police in Oakland raid a club that was selling magic mushrooms, and more.

Magic Mushrooms. In Oakland, apparently you can have them, but you can't sell them. (Creative Commons)
Marijuana Policy

Arizona Supreme Court Rules Legalization Marijuana Legalization Initiative Stays on the Ballot. The state Supreme Court on Thursday upheld a lower court decision that the description on the Smart and Safe Arizona Act marijuana legalization initiative "accurately described the proposition," ending a legal challenge to it and clearing the final hurdle before it can go to voters in November.

Psychedelics

Oakland Police Raid, Close Nation's Only Magic Mushroom Church. Police in Oakland raided the Zide Door Church of Entheogenic Plants last week, seizing marijuana, hallucinogenic mushrooms, and cash after calling firefighters to break open the church's safe. Zide Door was the most prominent "magic mushroom" club in the country and likely the only brick and mortar place where one could purchase the mushrooms. Zide Door was originally a "cannabis church," but added mushrooms to its offerings after the city council approved a resolution making enforcement of laws around certain psychedelic plants law enforcement's "lowest priority." Police say the church went beyond the law by selling marijuana without a license and by selling magic mushrooms. "The council said mushrooms should not be our priority, and they're not," said Oakland Police Captain Randell Wingate, who supervises the unit that conducted the raid. "You can use mushrooms, you can grow your own mushrooms -- but selling mushrooms is still not legal."

International

British Heroin Maintenance Pilot Project Extended for Another Year. The United Kingdom's first heroin prescribing pilot project has been extended for another year after an evaluation found it created reductions in crime and homelessness. The first year's results were "very promising," the evaluation found. The project in Middlesborough led to a a large reduction in reoffending rates and street drug use, and significant improvement in participants' health and quality of life, including seeing initially homeless participants placed in stable housing.

Groups Demand Action on MORE Act, MT Marijuana Inits Qualify, More... (8/14/20)

More than a hundred social justice and drug reform groups call on Congress to move the marijuana legalizing MORE Act next month, researchers at Johns Hopkins are partnering with a nonprofit on new research into psilocybin, and more.

psilocybin (Creative Commons)
Marijuana Policy

125 Groups Urge Congressional Action on the MORE Act, The Leadership Conference on Civil and Human Rights, Drug Policy Alliance, and 123 other national and state organizations today called on House Leadership to swiftly advance the bipartisan Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3884) to the House floor when Congress returns in September. The MORE Act, the most comprehensive marijuana justice legislation to be considered in Congress, is needed now more than ever to alleviate economic hardship caused by COVID-19 and meet the calls for justice reform echoing all across America. "In November 2019, the House Judiciary Committee made history when it advanced the MORE Act, becoming the first congressional body to vote favorably for a marijuana descheduling bill. Since that time, the circumstances of 2020 have made the failed War on Drugs even more untenable and amplified the voices of those demanding transformation in our criminal legal system. In the face of the evolving COVID-19 pandemic and a growing national dialogue on unjust law enforcement practices, marijuana reform as a modest first step at chipping away at the War on Drugs is more relevant and more pressing than ever before. The MORE Act remains the most effective and equitable way forward," the groups said in the letter.

Montana Marijuana Legalization Initiatives Qualify for November Ballot. The secretary of state has certified that the I-190 marijuana legalization initiative and the C-118 constitutional amendment to set the legal age for marijuana at 21 have presented enough valid voter signatures to qualify for the November ballot. The state will now join Arizona, New Jersey, and South Dakota in voting on marijuana legalization this fall.

Psychedelics

New Psychedelic Research Nonprofit Teams with Johns Hopkins University for Real-World Study on Use of Psilocybin Mushrooms. In a new research study that will greatly expand knowledge of the real-world uses and effects of psychedelic mushrooms (Psilocybin), the nonprofit research organization Unlimited Sciences is collaborating with Johns Hopkins University Center for Psychedelic and Consciousness Research to conduct a survey of people from across the globe, in hopes of becoming the largest registry of its kind. The study by renowned Hopkins researchers, funded by the Denver-based nonprofit Unlimited Sciences, will ask current users of Psilocybin mushrooms validated questions before, during, and after their use of the substance, which has shown promise in previous clinical studies in helping people suffering from depression and other behavioral health conditions. Researchers have long struggled to understand how the drug's effects change outside of laboratory settings, for example in nature, concerts and other popular settings and what implications those effects have on the most common uses.

DC MJ Sales Init Filed, Filipino Drug Cops Face Murder Charges, More... (8/13/20)

DC activists have filed a legal marijuana sales initiative and hope to get it on this year's ballot, the Bahamas extends the mandate of a commission charged with recommending marijuana law reforms, and more.

Could non-medical sales come to the nation's capital? DC activists want to make it happen. (Sandra Yruel/DPA)
Marijuana Policy

Washington, DC, Legal Marijuana Sales Initiative Filed. Activists in the nation's capital have filed the New Modern Day Cannabis Justice Reform Act initiative, which would end the prosecution of marijuana cultivation, sales, and consumption offenses. Since the District voted to legalize marijuana possession in 2014, a congressional rider has barred it from using tax dollars for that reason, but perhaps anticipating a Congress with a different complexion next year, activists are moving ahead with the measure anyway. And they want to get it on the ballot this year. They would have to be approved by the Board of Elections at its September 2 meeting and then gather more than 24,000 valid voter signatures to qualify.

International

Bahamas Extends Marijuana Commission Until June 2021. The Bahamas National Commission on Marijuana, which is charged with assessing public opinion on the issue and making final recommendations to the government, has been reappointed for another year, its chairman, Quin McCartney said Thursday. The commission's mandate was initially for three months, but it has now been engaged on the issue for more than two years. It was formed following recommendations by the Regional Commission on Marijuana at the 39th Regular Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM). The regional commission put forward the view that in a regulated framework marijuana should be treated similarly to tobacco and alcohol. A preliminary commission report calls for decriminalization of marijuana possession, but not outright legalization. It also recommends allowing for medical marijuana patients to grow their own and allowing tourists to use medical marijuana.

Philippines Drug Cops Face Complaint of Killing Two Men in Fake Drug Raid. Eleven anti-drug policemen in San Jose del Monte are facing criminal complaints for abducting and killing two men in a fake drug sweep in February. The National Bureau of Investigation Death Investigation Division (NBI-DID) filed the complaint on Wednesday. Police had initially reported that Erwin Mergal and Jim Joshua were killed in a shootout with police during a buy-bust operation. But eyewitnesses said the men were seized by police as they passed by the home of a drug suspect. They were photographed while being held by police. In addition to murder charges, the police face charges of planting weapons and planting drugs on the victims. It is a rare exception in President Duterte's drug war, under which police have acknowledged killing thousands of people during drug enforcement operations, and more than 30,000 are believed to have been killed by police or vigilantes. Duterte promised to kill hundreds of thousands of drug suspects during his campaign, and continues to take credit for the killings, but there have been only been a handful of prosecutions of police for drug war killings.

AZ Legalization Initiative Qualifies, Canada to Allow Psilocbyin for Terminal Patients, More... (8/11/20)

One more state will be voting on marijuana legalization in November, Canadian authorities have granted four terminally ill patients the right to use psilocybin for coming to terms with end of life, and more.

COVID is in the federal prisons. California US senators want to do something about it. (Creative Commons)
MarijuanaPolicy

Arizona Marijuana Legalization Initiative Qualifies for Ballot. The Smart and Safe Act marijuana legalization initiative has qualified for the November ballot, the secretary of state's office announced Monday. The measure would allow adults 21 and over to possess up to an ounce of weed and grow up to six plants. It also envisions taxed and regulated sales and features several restorative justice provisions. The measure will be on the ballot as Prop 207.

Incarceration

California US Senators, Congressman Call for COVID-19 Package to Include Funding to Control Federal Prison Outbreaks. Senator Dianne Feinstein, Senator Kamala D. Harris and Congressman Salud Carbajal (all D-CA) called Monday for the House and Senate leadership to quickly finalize a COVID-19 emergency response package that includes critical assistance to respond to outbreaks in federal prisons in California. "We are concerned that BOP has not yet implemented universal testing or onsite testing for inmates and staff to stop the spread of the virus throughout the prison system or within our communities," the members wrote. "We therefore urge you to work swiftly to ensure the necessary funds are made available to better equip the BOP in handling this crisis. The House of Representatives passed the HEROES Act, with $200 million for the BOP to respond to COVID-19 outbreaks, over 10 weeks ago. Our communities cannot afford further delays."

International

Canada to Allow Psilocbyin Access for Terminally Ill Patients. The Health Ministry and the Office of Controlled Substances have announced that four terminally ill patients will be granted access to psilocybin. The move comes just a hundred days after the patients asked the government to let them use the drug to come to terms with their lives ending. "The acknowledgment of the pain and anxiety that I have been suffering with means a lot to me, and I am feeling quite emotional today as a result," said Laurie Brooks, one of the patients able to receive her treatments. "I hope this is just the beginning and that soon all Canadians will be able to access psilocybin, for therapeutic use, to help with the pain they are experiencing, without having to petition the government for months to gain permission."

(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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