A drug policy think tank releases a "toolkit" for avoiding a corporate takeover of the marijuana industry, the Texas House approves a fentanyl test strip legalization bill, and more.

Mr. President, expedite the marijuana scheduling review, progressive congressmembers urge. (Creative Commons)

Congressional Progressive Caucus Urges Biden to Expedite Marijuana Scheduling Review. The Congressional Progressive Caucus has released its 2023 Executive Action Agenda, and it includes a provision calling on President Joe Biden (D) to direct federal agencies to "expedite" an ongoing marijuana scheduling review, as well as reinstating Justice Department guidance that protects state-legal marijuana programs from federal prosecution. The caucus, which numbers more than a hundred congresspeople, called on Biden to "expedite the review of marijuana as a Schedule I controlled substance and publicly document the progress and planned timeline for rescheduling or descheduling.

Marijuana Equity Advocates Release Anti-Monopoly Toolkit to Shape Legalization Laws. The Parabola Center for Law and Policy, a drug policy think tank that seeks to prevent the monopolization of the legal marijuana industry, has released the "Anti-Monopoly Toolkit," which presents state and federal policy priorities for preventing corporatization and consolidation from driving small businesses out of the industry. Among other points, the toolkit calls for licensing limits to focus on individual owner limits rather than overall caps, avoiding vertical integration in the industry, not letting major tech platforms dominate the market, allowing people with prior drug convictions to participate in the industry, and allowing for home cultivation.

"I was inspired by Lizzie Magie, the progressive feminist who invented the game of Monopoly as an educational tool, because she thought philosophy and academic writing weren't enough in the early 1900s," said Parabola Center Founder and Director Shaleen Title. "Just like in her era, we're in a critical time period that calls for large-scale and drastic action."

Drug Policy

Nevada Bills Would Increase Fentanyl Sentences. Lawmakers are considering five bills that respond to the fentanyl crisis by seeking heightened felony charges for people guilty of selling or distributing the drug. A pair of Democratic-sponsored bills, Senate Bill 35 and Senate Bill 343, got a hearing Monday in the Democratic-controlled legislature. The former would create the crimes of mid- and high-level fentanyl trafficking and lowering the threshold for prosecution for selling the drug, while the latter would create the crime of low-level trafficking and distinguish fentanyl from other Schedule I controlled substances.

Under the bills, low-level trafficking of 4 to 14 grams would be punishable by one to six years imprisonment and a fine of up to $50,000; mid-level trafficking of 14 to 28 grams would be punishable by two to 15 years imprisonment and a fine of up to $100,000; and high-level trafficking of 28 grams or more would be punishable as a category A felony, meaning life with the possibility of parole or 25 years imprisonment and a fine of up to $500,000. Under existing law, trafficking of100 to 400 grams is punishable by two to 20 years imprisonment.

Three other bills seeking greater penalties for fentanyl possession were not included in the hearing. These are Senate Bill 128 and Senate Bill 197 from Republicans; and an omnibus crime bill from Gov. Joe Lombardo, Senate Bill 412, which proposes to criminalize possession of the drug in any amount by one to six years imprisonment.

Harm Reduction

Texas House Votes to Legalize Fentanyl Test Strips. The House voted overwhelmingly Tuesday to approve a bill that legalizes fentanyl test strips by removing them from the state's list of illicit drug paraphernalia, House Bill 362 by Rep. Tom Oliverson (R-Cypress). "Overdose deaths continue to skyrocket as fentanyl floods across our southern border, and we need a way to combat the crisis," Oliverson said on the floor of the House on Monday. "Decriminalizing test strips is one way to do that." The bill now goes to the Senate.

Minnesota's marijuana legalization bill wins yet another committee vote, a Connecticut psilocybin decriminalization bill heads for a House floor vote, and more.

Medical marijuana dispensaries like this one will soon be coming to the Bluegrass State. (Creative Commons)

Minnesota Marijuana Legalization Bill Wins 14th House Committee Vote. The House Tax Committee has become the 14th House committee to approve the marijuana legalization bill, House File100. Approval came on a voice vote last Thursday after the committee adopted a large-scale amendment to overhaul various tax provisions of the legislation, moving away from the legalization plan put forward by Gov. Tim Walz (DFL). Companion legislation is also moving in the Senate, with differences between the two bills to be worked out in conference committee. The bill heads next to the House Ways and Means Committee on Monday. Meanwhile, the Senate version is heading to the Rules and Administration Committee next Tuesday.

Washington Bill Banning Pre-Employment Marijuana Drug Approved by Legislature. Both the House and the Senate have approved a bill, Senate Bill 5123, that would bar employers from taking adverse actions against new hires because of a failed drug test for marijuana. The Senate approved it last month, and the House passed it last week. Because of minor changes in the bill's text in the House, it must go back to the Senate for a concurrence vote this week. Then it will go to the desk of Gov. Jay Inslee (D). "It is 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."

Medical Marijuana

Kentucky Becomes 38th State to Legalize Medical Marijuana. Gov. Andy Beshear last Friday signed into law Senate Bill 47, making the state the 38th to allow for the medicinal use of marijuana. The bill will allow patients with specified medical conditions, including cancer, chronic pain, epilepsy and post-traumatic stress disorder to obtain a doctor’s recommendation to use cannabis medicinally. The bill does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaporization. Other marijuana formulations including capsules, tinctures and topical products are also authorized by the bill. Patients will be permitted to possess a 10-day supply of cannabis on their person and a 30-day supply at home. It will be up to the Cabinet for Health and Family Services to draft and put into place regulations for the production and sale of medical marijuana.

Psychedelics

Connecticut Psilocybin Decriminalization Bill Wins Committee Vote. The House Judiciary Committee voted last Thursday to send a bill decriminalizing the possession of small amounts of psilocybin, House Bill 6734, to the House floor. Under the bill possessing less than a half ounce of psilocybin or psilocybin-containing mushrooms a ticketable offense with a maximum $150 fine for a first offense. Further offenses would carry fines between $250 and $500 along with a referral to a drug education program.

Drug Policy

Bipartisan Reentry Act Introduced in Senate. US Sens. Tammy Baldwin (D-WI) and Mike Braun (R-IN) introduced bipartisan legislation that expands access to health care, including mental health services and substance use disorder treatment, for Medicaid-eligible individuals 30 days before their release from jail or prison. The Reentry Act would also make it easier for states to provide effective substance use disorder treatment and services, allowing for smoother transitions to community care and a reduced risk of overdose deaths post-release. Just released inmates are at extremely high risk of suffering drug overdoses. "When people serve their time and are working to transition back into the community, it is our responsibility to give them the tools they need to live healthy, successful lives, and that includes health care coverage to help reduce the risk of overdose," said Sen. Baldwin. "The opioid and substance use epidemic impacts every community across the country, but particularly incarcerated individuals who are working to reenter society. I’m proud to work with Democrats, Republicans, law enforcement, and the public health community on this reform to fight against this deadly epidemic and help those reentering our communities do so safely."

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

"Whippets"--used nitrous oxide containers. Laughing gas could soon be banned in Britain. (CC)

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also establishes a new, alternative registration process for Schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban. 

A Kentucky medical marijuana bill faces a looming Senate deadline, Vermont lawmakers file a number of drug reform bills, and more.

The Rio Grande River. There be cartels on the other side, and the GOP wants to call them "terrorists." (C)

Kentucky Medical Marijuana Bill Wins Senate Committee Vote, Must Pass Full Senate Tomorrow or Die. A bill to legalize medical marijuana in the state, Senate Bill 47, was approved by the Senate Licensing and Occupations Committee on Tuesday. It must pass the Senate by Thursday, the last day of the session before the veto period, or it dies. If it passes the Senate, it would then go to the House, which returns for a final day of legislative action on March 30. The House has passed medical marijuana bills twice in recent years and is thought to still have support for it.

Drug Policy

Vermont Lawmakers File Four Different Drug Policy Reform Bills. Drug policy reform is on the agent in Montpelier this session, with four separate drug policy reform bills already filed. House Bill 423 would decriminalize the possession of personal use amounts of all drugs, as would Senate companion legislation, Senate Bill 119. The bills would also decriminalize "dispensing" drug amounts below the personal use threshold as well as establishing a pilot drug checking program.

Two other bills focus specifically on psychedelics. House Bill 439 would effectively legalize the possession of psilocybin, mescaline, and peyote by removing them from the states definition of hallucinogenic drugs, while Senate Bill 114, would remove only psilocybin from the state’s definition of hallucinogens.

The first three bills are destined for judiciary committees in the respective chambers, while the fourth bill is before the Senate Health and Welfare Committee. If any of them pass out of the legislature, they face possible vetoes from Gov. Phil Murphy (R).

Foreign Policy

House Republicans File Bill Designating Mexican Drug Cartels Terrorist Organizations. Rep. Chip Roy (R-TX) and 20 House Republicans have introduced a bill designating four Mexican drug trafficking organizations as foreign terrorist organizations (FTOs). The four groups are the Gulf Cartel, the Cartel Del Noreste, the Cartel de Sinaloa, and the Cartel de Jalisco Nueva Generacion. The Drug Cartel Terrorist Designation Act would also require the Department of State to issue a report to Congress within 30 days of enactment on the cartels listed above and any additional cartels that meet the criteria for designation as an FTO. For each additional cartel that meets the criteria of an FTO, the Department of State is required to designate each of those cartels as an FTO within 30 days after the report is submitted to Congress. Sen. Lindsay Graham (R-SC) has threatened to file similar legislation in the Senate but has yet to do so.

International

Germany to Move Forward with Marijuana Legalization After "Very Good Feedback" from the European Union. Health Minister Karl Lauterbach said Tuesday that the government would bring a revised marijuana legalization proposal before legislators "in the next few weeks" after receiving "very good feedback" from European Union (EU) officials. Germany has conditioned its advance of marijuana legalization on approval from the EU to ensure it would not put it in violation of international obligations. Lauterbach said some changes would be made to the bill to "take into account European regulations and what should or should not be notified," but did not specify what those changes would entail.