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Chronicle AM: Yang on Safe Injection Sites, Bloomberg on Marijuana, More... (12/5/19)

Michigan pot shops see high demand on opening day, Democratic contenders stake out drug policy positions, Maine finally has all pot business applications ready, and more.

Andrew Yang wants to decriminalize opiates and fund safe injection sites like this one in Vancouver. (vch.ca)

Marijuana Policy

Michael Bloomberg Backs Decriminalization as Marijuana Views Evolve Amid Presidential Run. Faced with criticism over his past positions on marijuana, former New York City mayor and Democratic presidential contender Michael Bloomberg has now come out in support of decriminalization, which still leaves him lagging behind most of the Democratic pack. "He believes no one should have their life ruined by getting arrested for possession, and, as a part of his reform efforts that drove incarceration down by 40 percent, he worked to get New York State laws changed to end low-level possession arrests," a spokesman said. "He believes in decriminalization and doesn’t believe the federal government should interfere with states that have already legalized."

Maine Says All Marijuana Licenses are Now Available. More than three years after voters legalized marijuana, the state has finally made available all applications for marijuana cultivation, products manufacturing and retail facilities. That means the state could see pot shops open by the spring.

Michigan Pot Shops Forced to Impose Purchase Limits as Demand Overwhelms. High customer volume is forcing marijuana retailers to limit purchases so there will be enough weed to go around. The four shops that opened Sunday saw combined sales of $221,000 that first day. Each of the four shops has had to turn customers away, too. Some customers waited as long as four hours to get inside.

Medical Marijuana

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users. A bill recently introduced by state Sen. Lori Berman (D) Would provide various protections to job applicants and employees who use medical marijuana. The measure is Senate Bill 962.

Harm Reduction

Andrew Yang Calls for Investments in Safe Injection Sites. Entrepreneur and Democratic presidential contender Andrew Yang says he supports government funding for safe injections sites as part of an effort to counter the country's overdose epidemic. "I would not only decriminalize opiates for personal use but I would also invest in safe consumption sites around the country," Yang said Thursday.

(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.)

Letter to House Leaders Calls for Drug Decriminalization, Colombia Legal Pot Bill Advances, More... (11/23/22)

A New Hampshire coalition begins laying the groundwork for another try at marijuana legalization, Rhode island adult use marijuana sales at existig dispensaries are set to begin next week, and more.

Adult use marijuana sales will begin December 1 in Rhode Island. (Creative Commons)
Marijuana Policy

New Hampshire Coalition Prepares to Try Again with Legalization Bill. A bipartisan coalition is preparing to once more try to push a marijuana legalization bill through the legislature, ending the state's status as an island of pot prohibition in a New England sea of states that have already legalized it Among the groups joining efforts are the conservative Americans for Prosperity, as well as the New Hampshire Cannabis Association, the New Hampshire chapter of the American Civil Liberties Union (ACLU), the Marijuana Policy Project,  and the House Democratic Cannabis Caucus. The coalition is conferring with lawmakers from both parties and says its bill will have bipartisan sponsorship. In past sessions, including this year, bills have passed the House only to be die in the Senate.

Rhode Island Set to Commence Adult Use Marijuana Sales on December 1. Governor Dan McKee (D) and the Rhode Island Department of Business Regulation’s Office of Cannabis Regulation announced Tuesday that five licensed medical marijuana compassion centers have received state approval to begin selling adult use marijuana on or after December 1. Pursuant to the Rhode Island Cannabis Act, which was passed by the General Assembly and signed into law by Governor McKee in May, a call for applications for “hybrid retail licenses,” which allow licensed compassion centers to sell both medical marijuana as well as safe, well-regulated and competitively priced marijuana products to Rhode Island adults over the age of 21, was issued in early October. The five compassion centers that have received state approval to commence adult use sales are Aura of Rhode Island (Central Falls), Thomas C. Slater Center (Providence), Mother Earth Wellness (Pawtucket), Greenleaf Compassionate Care Center (Portsmouth), and RISE Warwick (Warwick).

Drug Policy

Human Rights Watch Organizes Joint Letter to House Leadership Urging Passage of Federal Drug Decriminalization Bill. Dozens of racial justice, social justice, drug policy, criminal justice, public health, harm reduction and other advocacy groups have cosigned a letter to the House leadership calling for "ending criminal penalties for the possession of personal-use amounts of drugs." The letter noted that of more than 1.15 million drug arrests in 2020, 86 percent were for simple drug possession, even though "we have an abundance of evidence that demonstrates that drug arrests, prosecutions, and incarceration have had no substantial effect on ending problematic drug use or curbing the illegal drug supply in the United States." The letter called for passage of the Drug Reform Act of 2021(HR 4020), stating "to begin meaningfully addressing our country's mass incarceration and overdose epidemics, we urge Members of Congress to commit to support comprehensive legislation that decriminalizes drug possession and centers health, equity, autonomy, and justice."

International

Colombia Marijuana Legalization Bill Wins Senate Committee Vote. A marijuana legalization bill supported by the government of President Gustavo Petro that has already advanced in the Chamber of Representative has now won a Senate committee vote and heads for a Senate plenary vote. The bill would legalize the possession and use of the plant by people 18 and over and support "the right of the free development of the personality, allowing citizens to decide on the consumption of cannabis in a regulated legal framework." Justice Minister Nestor Osuna told the Senate Monday, "The national government supports this draft legislative act for the adult use of cannabis. We believe that it is very important that this step be taken towards a responsible market—a responsible regulation that allows us to overcome this prohibitionist atmosphere."

MO Pot Sales Coming Fast, Kansas City Entertainment Complex Will Have Marijuana Lounges, More... (11/14/22)

A broad coalition is asking Attorney General Garland to allow legal marijuana sales in the District of Columbia, an Evanston, Illinois, councilman sponsors a psychedelic decriminalization ordinance, and more.

Main Justice (DOJ headquarters). A coalition wants the attorney general to allow legal pot sales in DC. (Creative Commons)
Marijuana Policy

Broad Coalition Calls on Attorney General Garland to Adopt Non-Enforcement Policy Around DC Marijuana Sales. Although District of Columbia voters legalized marijuana in 2014, congressional riders have blocked the District from allowing taxed and regulated marijuana sales ever since. Now, a coalition of state, local, and national advocacy groups has sent a letter to Attorney General Merrick Garland (D) asking him to break the logjam by adopting a formal policy of non-enforcement. The letter asks the attorney general to treat the situation in DC as "functionally equivalent to the non-enforcement approach it has traditionally taken with respect to the states that have reformed their laws allowing for the taxation and regulation of the adult use of cannabis." As things now stand, DC "is only jurisdiction in the country that cannot regulate marijuana sales or fruitfully tap into the public health and safety benefits of proper regulation."

Missouri Could See Legal Marijuana Sales as Early as January. Elections have consequences, and sometimes they have them in a hurry. The state Department of Health and Senior Services said Friday that existing medical marijuana companies will be able to apply for adult use ("comprehensive") sales licenses as early as December 8 and that sales could begin ahead of a 60-day post-election deadline on February 6. Some of those licenses could be completed "before the 60-day deadline, as soon as we have rules for comprehensive facilities filed," the agency said. "We anticipate comprehensive dispensaries will be able to begin selling to adult use consumers as soon as their license is approved for conversion."

Plans for Kansas City-Area Entertainment Complex with Marijuana Lounges Announced. That didn't take long. One day after voters approved marijuana legalization in the Show Me State, a Kansas City-area hospitality group has announced plans for a new metro area entertainment district project that will include marijuana consumption lounges. The Besa Hospitality Group announced a new entertainment district along the Missouri River about 20 minutes from downtown Kansas City in the village of River Bend. It will be known as the Smokey River Entertainment District.

The Besa Hospitality Group is partnering with BesaMe Wellness, a medical marijuana company, which give it an early shot at procuring an adult sales retail license, and has a target opening date of 4/20/23. "We have an opportunity to showcase cannabis and the acceptance of cannabis in our everyday lives. We're normalizing cannabis through hospitality," says Joey Pintozzi, Vice President of Operations and Marketing. "This is an entertainment venue first and foremost. Cannabis just happens to be part of that experience. People will be free to legally consume in some of the venues and enjoy being themselves."

Psychedelics

Evanston, Illinois, Lawmaker Sponsors Psychedelic Decriminalization Bill. Councilmember Devon Reid of the Chicago suburb of Evanston is sponsoring an ordinance that would make possessing, cultivating and delivering entheogenic substances like psilocybin punishable by a $100 fine without the threat of jail time. That fine could be waived for people who complete a drug treatment program or "reasonable public service work."

The ordinance also includes lowest priority language regarding the "investigation or arrest of anyone for planting, cultivating, purchasing, transporting, distributing, or engaging in practices with or possessing entheogenic plants or plant compounds." The legislation lists four examples of psychedelics that would be covered -- psilocybin, psilocyn, peyote and ayahuasca -- but it also says decriminalization would not be "limited to" those psychedelics.

CO Magic Mushroom Initiative, Call for Biden Pot Pardons to Include Immigrants, More... (11/8/22)

The use of asset forfeiture funds to buy armored vehicles for the cops creates controversy in Norman, Oklahoma, a plan to create a "narco museum" in El Chapo's Mexican home town creates controversy too, and more.

Magic mushrooms and other natural psychedelics are on the ballot in Colorado today. (Pixabay)
Marijuana Policy

Immigration, Civil Rights Groups Call on Biden to Include Immigrants in Marijuana Pardons. More than 130 immigration and civil rights groups have sent a letter to President Joe Biden (D) asking him to include immigrants in his marijuana possession pardon proclamation. People who are not citizens or legal permanent residents were not included in the pardon proclamation announced last month.

The groups said they welcomed the pardon move as a "much-needed first step toward mitigating the harm" of the war on drugs. "However, as organizations working on racial justice, human rights, and immigrant rights issues, we are grimly disappointed at the explicit exclusion of many immigrants and at the absence of affirmative measures to ensure that all immigrants get meaningful relief from the immigration consequences that can follow marijuana convictions," the groups wrote. "Cutting people out of criminal policy reforms simply because of their place of birth casts a shadow over the White House's efforts to address the over-policing and mass incarceration of Black and Brown communities."

"Moving forward, we urge you to ensure that every step taken to remedy racial injustice includes relief to impacted immigrant communities," they continued, adding that the first thing Biden should do is "extend protection to all immigrants, regardless of immigration status, and to take necessary steps to ensure that immigrants do not suffer negative immigration consequences from marijuana convictions."

Psychedelics

Colorado Voters to Consider Legalization of Psychedelic Mushrooms. It is not just marijuana on the ballot this Election Day. Voters in five states will decide on whether to free the weed, but Colorado voters will be voting on an initiative, Proposition 122, the "Natural Medicine Health Act of 2022," that would decriminalize the use and possession of psychedelic mushrooms and other naturally occurring hallucinogen and would require the state to create a regulated system for accessing natural psychedelics for people 21 and over.

A poll last week had the measure under 50 percent but in a statistical dead heat, with 43 percent of respondents supporting it and 44 percent opposed. That means the measure must pick up the support of slightly more than half of the 13 percent undecided to get over the top.

Asset Forfeiture

Norman, Oklahoma, Controversy Over Use of Asset Forfeiture Funds to Purchase Armored Police Vehicle. A plan to use moneys from the "State Seizures and Restitution Fund" to purchase new equipment for the police department, including $353,000 for a large BearCat SWAT vehicle designed for military and law enforcement use was on hold after city council members expressed concern over the use of asset forfeiture funds for the purchase and a lack of public discussion. Another $700,000+ was to be used to buy tactical vests, helmets, gas masks, ballistic shields and other protective equipment for bomb threats.

Councilors for Ward 1 and 2, Brandi Studley and Helen Grant, respectively, took issue with the absence of committee and public discussion. "I am concerned with the lack of transparency and discussion with council and the public regarding any of the equipment," Studley said. Grant said more information about the department's needs and the city council's priorities was needed. "The public made it pretty clear in feedback about our failed water rate increase that they wanted us to focus on affordable housing and homelessness first, as 24% of respondents ranked it as a priority," Grant said. "Police and Fire along with a nebulous category called "other" came in second at 15% respectively."

Other council members accused the pair of having "a complete disregard for the safety" of community members, but then agreed to pull the proposal for further study.

International

Mexican Town's Plan for Narco Museum Stirs Controversy. Badiraguato, Sinaloa, in the hills outside of the state capitol, Culiacan, is the birthplace of imprisoned drug lord Joaquin "El Chapo" Guzman, and now, the current mayor has stirred up controversy by proposing that the town build a "narco museum" dedicated to the history of drug trafficking in the state.

Mayor Jose Paz Lopez said that Badiraguato needs to preserve its history, and that the museum be an economic boon for the town, attracting tourism and sharing an anti-drug message. He said it would include weapons, vehicles and other belongings from drug lords, and perhaps life-size wax figures of them. But Gov. Ruben Rocha Moya was not down with the idea, saying he emphatically opposes it.

In addition to El Chapo, Badiriguato is also the birthplace of famed cartel leaders Rafael Caro Quintero and current Sinaloa Cartel leader Israel "El Mayo" Zambada.

Medical Marijuana Update

A Pennsylvania doctor who is also a medical marijuana patient is suing to be able to purchase a handgun, Oklahoma is prosecuting pregnant women who use medical marijuana, and more.

Louisiana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

Oklahoma

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law," said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law," Kiesel said. "It's important to remember, if you have a medical marijuana license, you are under the care of a physician."

Pennsylvania

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of nonviolent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

State Treasurers Group Renews Call for Marijuana Banking Reform, NY MedMJ Home Grow Regs Adopted, More... (9/21/22)

Indiana lawmakers will meet next week to hear a report on marijuana policy, Louisiana lawmakers have created a task force to look at employment protections for medical marijuana patients, and more.

Marijuana Policy

State Treasures Reaffirm Support for Federal Marijuana Banking Reform at Annual Meeting. The National Association of State Treasurers (NAST) has reaffirmed its support for a resolution that calls on Congress to pass legislation to provide access to banks for the state-legal marijuana industry. The move came at its annual meeting Monday. The resolution says the NAST does not take a position on marijuana legalization but does back legislation to ease the industry's banking problems. The group cites the "ongoing conflict between states' laws legalizing cannabis and current federal laws, resulting in the vast majority of financial institutions refusing to provide banking services to legal cannabis businesses." Leaving the industry without access to banking services is "inefficient, expensive, and opaque, making illicit activity more difficult to track and posing a significant risk to public safety by increasing the likelihood of violent crime." The resolution comes as pressure mounts to pass the Secure and Fair Enforcement (SAFE) Banking Act, which has repeatedly passed the House only to be stalled in the Senate by Majority Leader Chuck Schumer (D-NY), who continues to hold out for a full-fledged marijuana legalization bill.

Indiana Lawmakers to Meet Next Week to Hear Report on Marijuana Policy. Lawmakers will gather on Tuesday for the presentation of a study by a Public Health Summer Study Committee on the potential health benefits, decriminalization and consequences of Delta-8, Delta-9 and other THC products over the last few months. The study was promoted by reform advocates, who hope it will help lay the basis for medical marijuana and/or recreational marijuana legalization. The state Prosecuting Attorneys Council, which opposes both medical and recreational marijuana legalization, will also be present at the capitol to plead its case.

Medical Marijuana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

OK Arrests Pregnant Women for Medical Marijuana, Bolivia Coca Leader Arrested, More... (9/15/22)

North Dakota activists cry foul over a financial summary of their legal pot initiative, the South Caroline Supreme ourt upholds civil asset forfeiture, and more. 

Coca farmers are clashing with each other in Bolivia. (DEA)
Marijuana Policy

Colorado Bill to Protect Marijuana-Using Workers Filed. Even though Colorado was the first state to legalize marijuana, it still does not have protections in place for people fired or not hired for using it. That could change under newly filed House Bill 1152 , which would not only protect workers from adverse consequences for off-the-job marijuana use but also allow medical marijuana patients to consume their medicine at work. Past attempts to pass such legislation have failed and the state Supreme Court has held that employers can fire medical marijuana users for off-duty use.

Missouri Lawmaker Files Marijuana Legalization Bill, Urges Special Session to Consider It. In a bid to fend off a marijuana legalization initiative, Amendment 3, Rep. Ron Hicks (R) filed his Marijuana Freedom Act on Wednesday, one day after a judge cleared the way for the initiative to be voted on in November. The bill is a revised version of a bill he filed earlier this year and advanced through committee during the regular legislative session. He is calling on Gov. Mike Parson (R) to include the bill in a pending special session, even though Parsons said recently he would not include it.

Nevada Judge Rules Pharmacy Board's Classification of Marijuana as Schedule I Substance Unconstitutional. District Judge Joe Hardy Jr. ruled Wednesday that the state Board of Pharmacy’s classification of cannabis as a Schedule 1 drug is unconstitutional. The ruling came in a lawsuit filed by the ACLU of Nevada, which argued that marijuana doesn't meet the definition of a Schedule I drug under state law because it has accepted medical uses. The judge agreed: "The constitutional right to use marijuana upon the advice of a physician does establish that marijuana has an accepted medical use and treatment in the United States," Hardy said.

North Dakota Activists Accuse State of Misleading Voters About Marijuana Legalization Initiative. Backers of the Initiated Statutory Measure No. 1 marijuana legalization initiative say the state's ballot summary misleads voters about the costs of the measure by failing to include any revenues from legalization in the summary. The state's fiscal summary reads as follows: "The estimated fiscal impact of this measure beginning in 2023 through the 2025-2027 Biennium is Revenue of $3,145,000 and Expenses of $4,985,000." That does not include revenues from legal marijuana, which would be taxed at 5 percent by the state, up to an additional 3 percent by localities, and a possible excise tax. Dave Owen, the chairman of New Approach North Dakota, called the fiscal summary "obviously incomplete" and "intentionally misleading." The state claims it is unable to calculate potential revenues, but an economics professor at North Dakota State University was able to come up with a projection that the state would get about $6 million in pot taxes each year.

Medical Marijuana

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law,"said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law,"Kiesel said. "It’s important to remember, if you have a medical marijuana license, you are under the care of a physician."

Asset Forfeiture

South Carolina Supreme Court Upholds Civil Asset Forfeiture Law But Urges Legislative Reform. The state Supreme Court on Wednesday upheld the state's civil asset forfeiture law but suggested the legislature could reform the law to make it more fair to seizure victims. "Several states have amended their statutory schemes to impose more stringent requirements on the government; however, the fact that certain states have legislatively altered their civil forfeiture laws provides no support for judicially changing ours,"the order said. "Legislative alteration might be a good thing, but we are not called upon to decide whether a change in the law would be wise."

International

 

 

. The leader of an anti-government coca growers union faction, Freddy Machicado, was arrested Wednesday for his role in protests that resulted in the burning of a "parallel" coca market in La Paz. He is being held at a police headquarters in El Alto, a La Paz suburb. For weeks, Machiado had led weekly protests against the market, which is operated by another faction of the Adepcoca union close to the government. Its leader, Arnold Alanes, who claims leadership of the union even though a majority of affiliates reject his leadership. There are only two officially sanctioned legal coca markets in the country, but Alanes' "parallel" market had operated unimpeded by the government. 

Poll Finds SAFE Banking Act Has Broad Support, DEA Fentanyl Scaremongering, More... (9/7/22)

Missouri's Republican governor rejects a call to include marijuana legalization in an upcoming special session, a DC court reverses the firing of a medical marijuana-using employee accused of being high on the job, and more.

"Rainbow" fentanyl--not aimed at kids, experts say. (Multnomah County Sheriff)
Marijuana Policy

Survey: Most Voters Support Federal Banking Reforms for Licensed Marijuana Retailers. The overwhelming majority of voters believe that federal law should be amended so that state-licensed marijuana businesses can readily utilize banks and other financial services, according to national survey data compiled by Morning Consult and commissioned by the Independent Community Bankers of America. Consistent with prior survey data, 65 percent of respondents “support allowing cannabis-related businesses to have access to banking services in states where cannabis is legal.” Moreover, 63 percent of voters agree that allowing cannabis-related businesses to access the banking system will help improve public safety, and 58 percent say that it is “important” that members of the U.S. Senate vote to establish a safe harbor for licensed cannabis businesses. The SAFE Banking Act (HR 1996), which would do just that, has repeatedly passed in the House only to be blocked in the Senate by Senate Majority Leader Charles Schumer (D-NY) and his allies, who are holding out for passage of a full-fledged marijuana legalization bill.

Missouri Governor Will Not Include Marijuana Legalization in Special Session. Efforts to do a legislative end run around a pending marijuana legalization constitutional amendment (Amendment 3) have come to naught after Gov. Mike Parson's office said Tuesday that he will not expand the scope of his upcoming legislative special session to consider legalizing marijuana. "The call will not be amended to include marijuana legalization," Kelli Jones, spokeswoman for Parson, said. Lawmakers hoping to blunt momentum for the measure had called on the governor to include marijuana legalization, but even though Parsons has called Amendment 3 "a disaster," he demurred.

Medical Marijuana

DC Court Reverses Firing of Government Worker Who Tested Positive for Marijuana. An administrative court in the DC Office of Employee Appeals (OEA) has reversed the firing of medical marijuana patient and city government employee who was accused of being high on the job and later tested positive for marijuana. The employee argued that the city's communications office falsely accused her of being impaired because her eyes were red and she was talking quietly. She pointed out that her eyes were red because she had spent the previous night at a hospital sitting beside a relative who had overdosed. She also presented a valid medical marijuana patient card. The court held that the communications office was negligent in how it handled the process for reasonable suspicion of impairment from drugs. The judge noted that supervisors allowed her to continue working after they accused her of being impaired: "Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted," the judge wrote in the ruling. 

Opioids and Opiates

DEA Warning that Colored Fentanyl Pills Are Aimed at Kids is Nonsense, Experts Say. On August 30, the DEA warned the public about fentanyl in colorful pills being sold by "drug cartels" to "made to look like candy to children and young  people," calling it "Rainbow fentanyl" and charging that it is "a deliberate effort by drug traffickers to drive addiction amongst kids and young adults." But drug policy experts said such statements were misleading—and used harsh terms in doing so.

The charge is "typical drug war bullshit," said Dr. Nabarun Dasgupta, a pharmaceutical scientist at the University of Carolina at Chapel Hill. DEA's framing "was so divorced from any reality of what drug markets are actually like, it was almost laughable that our country's top drug enforcement folks are so out of touch.We've been talking about colored dope for years. This is like completely nothing new."

Claire Zagorski, a licensed paramedic, program coordinator and harm reduction instructor for the PhARM Program at The University of Texas at Austin College of Pharmacy, described the DEA announcement as "old recycled drug propaganda" that echoes the perennial myth of dope-laced Halloween candy. "Why would someone give away their expensive drugs to some random person they don't know, just so they might have a bad experience? It doesn't make sense," Zagorski told Salon. "At the end of the day, drug sellers are business people, and they're not going to invest in some kind of change to their supply if they don't think there's some good return on it … Kids don't have a lot of money that their parents don't supervise or give to them. So it just doesn't make sense from a business standpoint."

MI Police Admit Pot Driving Drug Tests Are No Good, CA Pot Bills Go to Governor, More... (9/1/22)

Indonesia has more than 200 people on death row for drug offenses, an effort by a Nebraskas medical marijuana campaign to block part of the state's signature-gathering requirements is rejected by an appeals court, and more

Michigan State Police alerted prosecutors that their drug tests for THC instead alerted for CBD. (Creative Commons)
Marijuana Policy

California Governor Has a Pile of Marijuana Bills on His Desk. Lawmakers were busy as the legislative session came to an end Wednesday, sending another batch of marijuana-related bills to the desk of Gov. Gavin Newsom (D). Now, there are more than a dozen bills awaiting his signature. One would bar localities from banning medical marijuana deliveries, another provides employment protection for off duty marijuana-using workers, another streamlines record-sealing procedures for past marijuana offenses, another would allow the state to set up interstate cannabis commerce, another would authorize medical marijuana for pets, another would protect the rights of marijuana-using parents, another would allow for insurance coverage for marijuana businesses, another changes the state's cannabis tax policy, another would bar doctors from discriminating against registered patients for a positive THC test, another amends the state law requiring medical facilities to accommodate medical marijuana use, another would allow cannabis beverages to be packaged in clear containers, another would add advertising and labeling requirements for vape products, another would bar marijuana regulators from denying temporary event license applications solely because the licensee also has a liquor license, and, last but not least, one would require reporting on marijuana tax revenues distributed to a youth education and prevention program.

Medical Marijuana

Federal Appeals Court Rejects Attempt by Medical Marijuana Campaign to Block Nebraska Ballot Process. As medical marijuana campaigners ran into problems with signature gathering earlier this summer, they sued, arguing that the state's requirement that initiative campaigns not only reach a certain statew0ide signature threshold but also get signatures from at least 5 percent of voters in at least 38 of the state's 93 counties violated free speech and equal protection rights. Nebraskans for Medical Marijuana and the ACLU prevailed in district court in June, winning a temporary injunction suspending the 5 percent requirement. But state officials appealed, and the US 8th Circuit quickly put a hold on the judge's order pending an appeals court ruling. That ruling came Wednesday, when a split panel of the court ruled for the state. "The district court abused its discretion by granting the plaintiffs’ request for a preliminary injunction,” Judges Raymond Gruender and David Stras ruled. Judge Jane Kelly disagreed, writing that "if the right to vote is fundamental, I see no reason why it should not apply equally to the initiative process at the heart of Nebraska’s electoral and legislative system." The campaign and the ACLU said the effort would continue and that they may seek a ruling from the full 8th Circuit.

Drug Testing

Michigan State Police Say Tests for THC in Drivers Actually Showed CBD; Thousands of Cases Could Be Impacted. State police notified prosecutors late last month that drug tests designed to detect THC in the blood of drivers instead alerted to the presence of non-psychoactive CBD and that they have now halted the blood toxicology testing program. "After further review, we now believe this discrepancy may impact cases that occurred on or after March 28, 2019, where the alleged violation is based on the finding of THC alone and there is insufficient evidence of impairment, intoxication, or recent use of marijuana to otherwise support the charged offense," state police said Wednesday. "Laboratory data indicates there are approximately 3,250 laboratory reports that may be impacted," state police said. "These are reports in which there was a THC-confirmed result without other drugs present or alcohol detected above the 0.08% blood-alcohol content legal threshold." March 28, 2019, is when CBD became legal in the state.

International

Indonesia Has More Than 200 People on Death Row for Drug Offenses. There are 404 death row inmates in the island archipelago, and more than half of them are there for drug offenses. It has already executed another 80 drug offenders since the beginning of the coronavirus pandemic out of 94 executions overall. Those executed include seven foreign nationals. The resort to the death penalty comes even as the country has since 2009 softened its drug laws, allowing judges to impose rehabilitation instead of prison for drug users and health authorities established guidelines for rehabilitation and treating drug use. 

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United States

CA Bill to Protect Workers' Off-Duty Marijuana Use Passes, OK Supreme Court to Decide If Legal Pot Initative Makes Ballot, More... (8/31/22)

Workers' rights to use marijuana off duty are in the news, a Missouri marijuana legalization campaign draws organized opposition from within the cannabis community, and more.

Marijuana Policy

California Bill to Protect Workers from Firing for Off-Duty Marijuana Use Heads to Governor's Desk. A bill that would provide broad employment protections for workers who use marijuana off the job, Assembly Bill 2811, has been approved by the legislature, easily winning a final concurrence vote in the Assembly late last week. The bill would "make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person" solely because of off-duty marijuana use. The bill would also bar employees from demanding that workers or potential hires undergo marijuana testing, with exceptions for federal employees and some safety-sensitive positions. The bill now heads to the desk of Gov. Gavin Newsom (D).

Missouri Marijuana Legalization Initiative Draws Organized Opposition—from Within the Cannabis Community. The marijuana legalization initiative from Legal Missouri 2022 has drawn its first organized opposition, and those foes are coming from within the Kansas City cannabis community and allied lawmakers. The critics say the initiative does not offer social equity provisions and that by legalizing marijuana through a constitutional amendment, it removes legislators from the process and prevents legislative oversight. Members of the Impactful Canna Reform Coalition include state Rep. Ashley Bland Manlove (D-Kansas City), a pair of Kansas City medical marijuana businesses, a cooking and catering business, a holistic wellness company, an herbal remedy company, and Kansas City-based community organizers. "The capitalism monster loves to exploit you, and that is what’s happening with this petition," Bland Manlove said in a statement. "Myself and like-minded community partners realized people from politicians to Bob on the street didn’t know the details. We want to make it known."

Nevada Supreme Court Rules That Recreational Use of Marijuana Is Not Protected Off-Duty Conduct. The state's highest court has ruled that a casino employee who was fired after he was injured on the job and then tested positive for marijuana does not any legal recourse. Under state law, workers cannot be punished for the "lawful use" of products while not on duty, but the Supreme Court held that because marijuana remains illegal under federal law, its use is not "lawful," and the employee is therefore not protected. The case is Ceballos v. NP Palace LLC.

Oklahoma Supreme Court Agrees to Consider Whether Marijuana Legalization Initiative Should Be on November Ballot. Organizers behind the State Question 820 marijuana legalization initiative handed in sufficient signatures to meet state requirements, but the initiative still might be kept off the ballot because, for the first time, the state used a private contractor to count signatures and that contractor slow-walked the signature counting process so long that the statutory deadline to put the question on the ballot passed last week. The count, which normally takes two or three weeks, took seven weeks this time, and now, proponents have asked the state Supreme Court to intervene. On Tuesday, the Supreme Court agreed to take up the issue. If it rules against the initiative campaign, the measure would then go before voters either in a later special election called by the governor or on the November 2024 ballot.

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