The Texas Senate has approved a bill raising fentanyl penalties, a Delaware Senate committee advances a pair of marijuana legalization and regulation bills, and more.

Marijuana Policy

Delaware Senate Committee Approves Marijuana Legalization, Regulation Bills. Marijuana legalization is one step closer after the Senate Health and Social Services Committee approved a pair of House bills that would legalize marijuana ( House Bill 1) and regulate legal marijuana commerce (House Bill 2). Last year,a similarly bifurcated legalization effort came up short, with the House failing to pass the regulation bill and Gov. John Carney (D) vetoed the legalization bill. But this year, House bill sponsor Rep. Ed Osienski (D) says he is "optimistic" and feels "pretty good" about being able to override any veto. Meanwhile, HB 1 now heads for a Senate floor vote, while HB 2 must first get past the Senate Finance  Committee.

Drug Policy

Texas Senate Approves Bill to Increase Fentanyl Penalties. The Senate on Wednesday approved Senate Bill 645, which would open the door for prosecutors to charge people who make and sell fentanyl with murder. The bill does so by classifying fentanyl overdoses as "poisonings." The bill would also make delivery of less than one gram of fentanyl a third-degree felony. It is currently a lower-level state jail felony. If someone dies because of that delivery, it becomes a second-degree felony. State jail felonies have a maximum sentence of two years, third-degree felonies garner up to 10 years, and second-degree felonies can earn up to 20 years. The bill now heads to the House.

Foreign Policy

National Sheriff's Association Calls on Congress to Take Immediate Action Against Mexican Cartels. In the wake of the killing of two US citizens in Matamoros, Mexico, last weekend and the ongoing fentanyl overdose crisis, an association representing some 3,000 county sheriffs is calling on Congress to act now against Mexican drug cartels. "The nation’s sheriffs strongly support the American people’s continued demand that our federal government use whatever means appropriate to combat these deadly cartels," Sheriff Jim Skinner, chair of the National Sheriffs’ Association Government Affairs Committee, said in a statement. The group is calling on Congress to use its authority to create a "comprehensive system of further manpower and other tools that prevent any illicit drugs from being produced, smuggled and sold on American streets." Some members of Congress have been calling for more action, including designated the cartels as foreign terrorist organization and even calling for US military action inside Mexico. 

A trio of psychedelic research bills is filed in Texas, a Maine bill would allow for marijuana consumption at pot shops, and more.

Marijuana Policy

Biden Budget Maintains Ban on Allowing DC Marijuana Sales. The Biden administration's Fiscal Year 2024 proposed budget retains an appropriations rider blocking the Justice Department from interfering in legal marijuana states, but also, for the third year in a row, retains a rider blocking the District of Columbia from allowing legal marijuana sales. The rider blocks the District from using local tax dollars to implement a system of regulated adult marijuana sales. "For the third time in his presidency, the president’s proposed budget would, unfortunately, block D.C. from spending its own local funds to commercialize marijuana," said Del. Eleanor Holmes (D).

Maine Bill Would Allow Social Consumption Lounges. A bill that would allow people to consume marijuana products in stores that sell them, LD 839, got a hearing Monday in the Committee on Veterans and Legal Affairs. No vote was taken. Current state law allows only for marijuana use on private property, and businesses are not included. Use in public places is prohibited. When voters approved marijuana legalization in 2016, on-site consumption was included, but legislative action removed that. "In that citizen's initiative, there was a component for onsite consumption, social clubs. Unfortunately, that got voted away in the legislative process but it’s time to restore that," Rep. David Boyer (R-Poland) said.

Psychedelics

Texas Lawmakers File Trio of Psychedelic Research Bills. The legislature has a trio of psychedelic research bills before it. House Bill 4288, sponsored by Rep. Richard Peña Raymond (D), would amend an existing state law mandating a study of the risks and benefits of ketamine, MDMA, and psilocybin for therapeutic use in veterans; House Bill 4423, sponsored by Rep. Josey Garcia (D), would create a Psilocybin Research Advisory Council to advise the Health and Human Services Commission and the legislature on psilocybin research and treatment; and House Bill 4561, sponsored by Rep. Julie Johnson (D), would create a new Alternative Mental Health Therapy Research Consortium that would be charged with researching "the efficacy of providing mental health care through the provision of psychedelic drugs and ketamine, focusing on the provision of mental health care to veterans in this state through the use of those alternative therapies."

International

Bolivia Tells UN It Will Launch Bid to End International Coca Leaf Prohibition. Bolivia told a United Nations drug policy meeting in Vienna that it will move to end the international prohibition on the coca leaf, which has traditionally been used by people in the Andes to combat hunger and altitude sickness for thousands of years, but was banned by the 1961 Single Convention on Narcotic Drugs. "A historic mistake was made in 1961," Bolivian Vice President David Choquehuanca said at the 66th session of the United Nations Commission on Narcotic Drugs (CND). Choquehuanca said Bolivia will exercise its right as a signatory to that treaty and seek a "critical review" of the coca leaf's properties and its classification. Colombia has already said it will support Bolivia in its effort.

Nevada lawmakers filed a bill to legalize magic mushrooms, bipartisan senators file a federal asset forfeiture reform bill, and more.

Marijuana Policy

Delaware House Passes Legal Marijuana Regulation Bill. The House on Thursday voted 27-13 to approve House Bill 2, which would set up a regulatory framework for adult-use marijuana sales. The move comes just days after the House approved House Bill 1, which would legalize possession of up to one ounce of cannabis for adults. Last year, the legislature passed marijuana legalization, only to see it vetoed by Gov. John Carney (D). This year, however, HB 1 passed with a veto-proof majority, and HB 2 passed with one fewer vote with one member absent. That single vote is the difference between a veto-proof majority and a lack of one. The bills must now pass the Senate being going to the governor.

Psychedelics

Nevada Magic Mushroom Legalization Bill Filed. State Sens. Rochelle Nguyen (D) and Fabian Donate (D) filed Senate Bill 242 Thursday. The measure would legalize the possession of up to four ounces of fungi containing psilocybin or psilocyn, the hallucinogenic compounds in magic mushrooms. The bill would also allow a research facility to ask for state approval to study the therapeutic effects of magic mushrooms as well as MDMA for mental health conditions. The bill also has two joint sponsors in the lower chamber, Assemblymembers Max Carter (D) and Elaine Marzola (D). It is currently pending in the Senate Health and Humau Services Committee.

Asset Forfeiture

Bipartisan Federal Asset Forfeiture Reform Bill Filed. US Reps. Jamie Raskin (D-MD)  and Tim Walberg (R-MI) on Thursday reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), a comprehensive reform to our nation's civil asset forfeiture laws. The FAIR Act raises the level of proof necessary for the federal government to seize property, reforms the IRS structuring statute to protect innocent small business owners, and increases transparency and congressional oversight. Joining Walberg and Raskin as original co-sponsors of the FAIR Act are Reps. Kelly Armstrong (R-ND), Tony Cárdenas (D-CA), Tom McClintock (R-CA), and Joe Neguse (D-CO). "The lawless seizure and ‘forfeiture’ of people’s private property by police officers is becoming standard operating procedure in many parts of the country," said Rep. Raskin. "We want to restore the presumption of innocence, fair judicial process, and the opportunity to be heard. I’m proud to introduce this important bipartisan legislation with my friend Rep. Walberg to rein in civil asset forfeiture and restore due process rights."

International

International Narcotics Control Board Warns on Marijuana Legalization. As it launched its annual report Thursday, the International Narcotics Control Board issued a press release emphasizing its concerns with marijuana legalization. "Moves by a small number of governments to legalize the non-medical use of cannabis have led to increased consumption without explaining the potentially serious health dangers that users face from the drug" the INCB warned. That is leading to "negative health effects and psychotic disorders," the drug watchdog continued. In all jurisdictions where cannabis has been legalized, data show that cannabis-related health problems have increased," INCB said. It pointed out that between 2000 and 2018, "global medical admissions related to cannabis dependence and withdrawal increased eight-fold. Admissions for cannabis-related psychotic disorders have quadrupled worldwide."

Mexico President Tells GOP Lawmakers Urging US Military Force Against Cartels in Mexico to Take a Hike. Aiming directly at Republican lawmakers who have urged the Biden administration to unleash the US military against Mexican drug cartels on their own territory, Mexican President Andres Manuel Lopez Obrador on Thursday flatly rejected the notion. "We are not going to allow any foreign government to intervene and much less foreign armed forces to intervene in our territory," López Obrador said, adding that he would ask Americans of Mexican and Hispanic origin not to vote for Republicans if their "aggression" continued. Lopez Obrador also downplayed Mexico's role in fentanyl production and said Americans needed to solve their drug problem on their side of the border. Pressure to do something about the cartels has only risen as the US overdose death toll has risen and was ratcheted up this week by the kidnapping of four Americans in Matamoros, two of whom were shot and killed by members of a Gulf Cartel-affiliated gang. 

The Oklahoma marijuana legalization initiative gets crushed at the polls, a bipartisan federal bill to ease the rescheduling of therapeutic psychedelics gets filed, and more.

Delaware House Approves Marijuana Legalization Bill; Marijuana Regulation Bill Pending. The House on Tuesday gave final approval to House Bill 1, which legalizes the possession of up to an ounce by adults. Bill sponsor Rep. Ed Osienski (D) is also sponsoring House Bill 2, which would set up a regulatory system for marijuana commerce. That bill has passed out of committee and is awaiting a House floor vote. Last year, Osienski took a similar bifurcated path, with the legalization bill passing but the regulatory bill failing. Gov. John Carney (D) then vetoed the legalization bill. This year, the legalization bill passed with a veto proof majority.

Hawaii Senate Approves Marijuana Legalization Bill. The Senate voted overwhelmingly Tuesday to approve a marijuana legalization bill, Senate Bill 669. The bill would legalize the possession of up to 30 grams, allow for the home cultivation of up to six plants, expunge past possession convictions, and reduce penalties for unlicensed cultivation and sales. The bill also contemplates the existing medical marijuana industry morphing into a full-fledged adult use marijuana market under the aegis of a Hawaii Cannabis Authority. The bill is now before the House.

Oklahoma Marijuana Legalization Initiative Defeated. Voters on Tuesday decisively defeated a marijuana legalization initiative, State Question 820 by a margin of 62 percent to 38 percent. See out feature story later today for full coverage.

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Bipartisan "Breakthrough Therapies Act" Updated and Filed. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) and Reps. Madeleine Dean (D-PA) and Nancy Mace (R-SC) on Thursday filed the "Breakthrough Therapies Act," which would streamline the federal rescheduling of drugs such as psilocybin and MDMA for therapeutic purposes. The bill would amend the Controlled Substance Act to create a pathway for current Schedule I drugs that could be deemed breakthrough therapies by the Food and Drug Administration (FDA) to qualify for a waiver under the Food, Drug, and Cosmetic Act and be moved to Schedule II, which is reserved for drugs with "currently accepted medical use with severe restrictions."

Missouri Therapeutic Psychedelic Bill Advances. The House Veterans Committee on Tuesday approved House Bill 1154, which would promote research into the therapeutic potential of psychedelics such as ketamine, MDMA, and psilocybin. The bill passed out of committee on a unanimous vote. The bill now awaits a possible House floor vote, which is yet to be scheduled.

Foreign Policy

.Reps. Dan Crenshaw (R-TX) and Tim Walz (R-FL) on Monday filed a resolution, HJ Res. 18 "to authorize the use of United States Armed Forces against those responsible for trafficking fentanyl or a fentanyl-related substance into the United States or carrying out other related activities that cause regional destabilization in the Western Hemisphere." The resolution is cutely titled "Authorization for the Use of Military Force to Combat, Attack, Resist, Target, Eliminate, and Limit Influence Resolution" or the "AUMF CARTEL Influence Resolution." The bill specifically lists nine Mexican drug trafficking organization to be targeted, including the Sinaloa Cartel, the Jalisco New Generation Cartel, the Gulf Cartel, and Los Zetas.