Breaking News:Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies [REPORT]

State & Local Legislatures

RSS Feed for this category

Another Push for the SAFE Banking Act, NJ Magic Mushroom Legalization Bill Filed, More... (7/1/22)

The Ohio Supreme Court rejects a police backpack search for marijuana, the Massachusetts Senate has approved an asset forfeiture reform bill, and more.

Psilocybin mushrooms. It could be legal to grow, possess, and share them under a New Jersey bill. (Creative Commons)
Marijuana Policy

Bipartisan Lawmakers File Marijuana Banking Amendment to Must-Pass Defense Bill in Latest Reform Push. Led by Rep. Ed Perlmutter (D-OR), sponsor of the House-passed version of the Secure and Fair Enforcement (SAFE) Banking Act (HR 1996), a bipartisan group of lawmakers are pushing an amendment to the FY 2023 National Defense Authorization Act to attach that legislation to the must-pass bill. This is the second year Perlmutter has tried to get the SAFE Banking Act language into the defense spending bill. Passage of the bill in the Senate has been stymied by Majority Leader Charles Schumer (D-NY), who has been blocking the incremental bill as he continues to push for a full-scale marijuana legalization bill. Perlmutter's amendment will be taken up in the House Rules Committee, and if approved as part of the spending bill in the House, would be subject to conference committee approval with Senate leaders.

Ohio Supreme Court Finds Marijuana Backpack Search Unconstitutional. In a unanimous decision, the state Supreme Court has thrown out the conviction of a woman for marijuana possession, ruling that a warrantless search of her backpack in her home violated the Fourth Amendment's protection against warrantless searches. Police came to the woman's home with an unrelated arrest warrant and searched her backpack while she was already handcuffed and sitting in a patrol car. They found 391 grams of mostly marijuana edibles and charged her with felony marijuana possession. Police and prosecutors argued that they had the right to search the backpack for weapons, but the justices held there was no rationale for a weapons search once the woman was detained. Police and prosecutors also argued that a bit of plastic baggie protruding from the backpack justified the search, but the justices rejected that as well. "When police search a bookbag in a home under circumstances that do not give rise to any exigency, they must follow the command of the Fourth Amendment: get a warrant," wrote Justice Patrick DeWine. The case goes back to lower courts for reconsideration.

Psychedelics

New Jersey Senate President Files Bill to Legalize Magic Mushrooms for Personal Use. Senate President Nicholas Scutari (D) has filed a bill, Senate Bill 2934, that would allow people 21 and over to "possess, store, use, ingest, inhale, process, transport, deliver without consideration, or distribute without consideration, four grams or less of psilocybin," the psychedelic compound in magic mushrooms. People could legally grow, cultivate, or process the mushrooms capable of producing psilocybin on private property. The bill would also expunge past criminal offenses for magic mushrooms. "This bill is a recognition of evolving science related to psilocybin and its medical uses related to mental health, and if science can provide relief in any fashion with this natural substance under a controlled environment then we should encourage this science," Scutari said. In 2021, Gov. Phil Murphy signed a bill downgrading psilocybin possession from a third-degree crime to disorderly persons offense with a maximum $1,000 fine and up to six months in jail.

Asset Forfeiture

Massachusetts Senate Passes Bill to Reform Civil Asset Forfeiture. The state Senate on Thursday approved a bill that would raise the evidentiary standard for prosecutors to be able to pursue civil asset forfeiture. The bill, Senate Bill 2671, would raise the standard from the lowest legal standard -- probable cause -- to the "preponderance of evidence." The bill also bars asset forfeiture prosecutions for less than $250 and provides the right to counsel for indigent people in asset forfeiture cases. "We view ourselves as a socially progressive state with strong protection for civil liberties. But our current laws on civil asset forfeiture are anything but, and reforming in this area is long overdue," said Senate Majority Leader Cynthia Creem (D-Newton), lead sponsor of the bill.

CA Safe Injection Site Bill Nears Final Passage, PA MedMJ DUI Bill Advances, More... (6/30/22)

North Carolina permanently legaizes hemp at the last minute, a Missoula, Montana, entheogen decriminalization resolution is withdrawn for lack of support, and more.

The safe injection site in Vancouver. Similar facilities could be coming soon to California cities. (vcha.ca)
Medical Marijuana

Pennsylvania Bill to Protect Patients from DUI Charges Advances. The Senate Transportation Committee has approved Senate Bill 167, which would protect state medical marijuana patients from wrongful convictions for driving under the influence. The bill advanced Tuesday on a unanimous vote. The bill would treat medical marijuana like any other prescription drug, requiring proof of impairment that interferes with a person's ability to safely operate a motor vehicle before he could be charged with DUI. The state currently has a zero-tolerance DUI law that could expose patients to such charges for taking their medicine. There are some 700,000 medical marijuana patients in the state.

Hemp

North Carolina Approves Permanent Hemp Legalization. Just two days before a previous law temporarily legalizing hemp production was set to expire, leaving an estimated 1,500 state hemp farmers in the lurch, the legislature gave final approval to a bill to make hemp legalization permanent, Senate Bill 455 on Wednesday. Gov. Roy Cooper (D) signed the bill into law Thursday. The old law was set to expire Friday.

Psychedelics

Missoula, Montana, Psychedelic Decriminalization Resolution Shelved. A pair of city council members, Daniel Carlino and Kristen Jordan, earlier this month introduced a resolution to decriminalize entheogenic plants in the city, but they have now shelved it after failing to gain enough support on the council to move it. Other council members cited scarce research on the plants' benefits, unresolved questions about law enforcement, and the potential threat to youth as reasons to oppose the resolution. The sponsors now say they will now regroup and seek to build council support before trying again.

Harm Reduction

California Safe Injection Site Bill Passes Assembly. The Assembly has approved Sen. Scott Weiner's (D-San Francisco) bill to allow safe injection site pilot programs in San Francisco, Oakland, Los Angeles, and Los Angeles County. The bill foresees a five-year pilot program for each of those locales, all of which have formally requested to be included. The bill now goes back to the Senate for a final concurrence vote after changes were made in the Assembly and then to the desk of Gov. Gavin Newsom (D). "Every overdose death is preventable," said Sen. Wiener. "We have the tools to end these deaths, get people healthy, and reduce harm for people who use drugs. Right now, we are letting people die on our streets for no reason other than an arbitrary legal prohibition that we need to remove. SB 57 is long overdue and will make a huge impact for some of the most vulnerable people in our community."

Medical Marijuana Update

A signature-gathering deadline looms in Nebraska, DC does away with requiring a doctor's recommendation to buy medical marijuana, and more.

Nebraska

Nebraska Medical Marijuana Initiative Campaign Has Only A Week to Come Up With 50,000 Signatures. Things are looking grim for Nebraskans for Medical Marijuana, the group trying to qualify an initiative for the November ballot. The campaign needs 50,000 more valid voter signatures in the next week to qualify but has only gathered 35,000 signatures in months of signature-gathering. The campaign has been plagued this year by the loss of significant donors who had funded past efforts. "The reality is we need 50,000 Nebraskans to sign the petition in the next two weeks. Now it's on Nebraskans. The volunteers and patients have carried the water this far. It's on Nebraskans to go out and find a place to sign it," said state Sen. Anna Wishart, co-chair of the initiative. The same group qualified an initiative for the 2020 ballot, only to have it thrown out by the state Supreme Court.

North Carolina

North Carolina House Republicans Block Medical Marijuana Bill. The state Senate has passed a medical marijuana bill, the Compassionate Use Act (Senate Bill 711), but it now appears doomed in the House even though the legislative session still has more than a week to run. During a closed-door meeting Wednesday, House Republicans voted internally not to advance the bill. But the bill is not dead until the session ends, and it is theoretically possible that the bill could advance because budget negotiations are still ongoing.

Washington, DC

DC Council Ends Requirement for Doctor's Recommendation Before Buying Medical Marijuana. The DC Council on Tuesday unanimously approved a bill eliminating the requirement that people seeking to purchase medical marijuana first obtain a doctor's recommendation. The bill allows city residents 21 and over to "self-certify" they need marijuana for medicinal purposes when they register for a patient card. The bill now goes to Mayor Muriel Bowser (D), who has indicated she supports the measure.

No Drug Decrim Init in WA This Year, Colombia Truth Commission Calls for Legal, Regulated Drugs... (6/29/22)

A House committee has advanced an amendment to protect state-legal marijuana businesses, the DC city council votes to let adults "self-certify" for a medical marijuana card, and more.

A Colombian coca farmer. The country's truth commission is calling for big changes. (dea.gov)
Marijuana Policy

House Appropriations Committee Approves Amendment to Protect Legal State Marijuana Programs. The House Committee on Appropriations voted Tuesday to approve an amendment that would prevent the Department of Justice from interfering with legal adult-use marijuana programs as part of the Commerce, Justice, Science, and Related Agencies appropriations legislation for Fiscal Year 2023. The bipartisan amendment, introduced by Reps. Barbara Lee (D-CA) and David Joyce (R-OH), with the non-committee support of past champions Reps. Earl Blumenauer (D-OR), Tom McClintock (R-CA), and Eleanor Holmes Norton (D-DC), would bar the DOJ from using resources to interfere with the ability of states, territories, tribal governments, or the District of Columbia to implement laws and regulations governing the legal and regulated production, sale, and use of cannabis by adults or to target people acting in compliance with those laws.

Medical Marijuana

DC Council Ends Requirement for Doctor's Recommendation Before Buying Medical Marijuana. The DC Council on Tuesday unanimously approved a bill eliminating the requirement that people seeking to purchase medical marijuana first obtain a doctor's recommendation. The bill allows city residents 21 and over to "self-certify" they need marijuana for medicinal purposes when they register for a patient card. The bill now goes to Mayor Muriel Bowser (D), who has indicated she supports the measure.

Drug Policy

Washington Activists End Bid to Put Drug Decriminalization Initiative on November Ballot, Cite Cost of Signature-Gathering. Commit to Change WA, the people behind a proposed drug decriminalization initiative, said Monday that it was halting efforts to qualify for the ballot this year and would instead work with the legislature to try to pass a decriminalization bill next year. "We will not be moving forward to qualify Washington State Initiative Measure No. 1922 to the November 8 general election ballot," the group said. "Signature gathering proved more challenging and prohibitively expensive than projected." The decision to quit comes even as new polling shows that two-thirds of state voters would have voted for the measure after reading the ballot language. "Though the proposed Initiative 1922 will no longer be on Washington ballots this November, legislators in the state must note that Washington voters are ready to end the War on Drugs and want to start treating substance use issues with compassion and data-backed policies," the pollsters said.

International

Colombian Truth Commission Calls for "Strict Legal Regulation of Drugs, End to Drug War. A truth commission appointed as part of the 2016 peace accords with the leftist guerrillas of the FARC called on Tuesday for the government to quit focusing on suppressing illicit drugs and instead take the global lead in moving to "strict legal regulation" of those substances. It recommended a new approach to illicit drug production that focuses more on sustainable development and less on the eradication of coca.

The commission offered a scathing critique of the country's drug war, backed by the United States. "The current drug policy is ineffective in preventing consumption," the panel writes in a nearly 900-page report. "The policy of the war on drugs and narcotrafficking has been a factor in the persistence of conflict and violence in Colombia." The commission is also calling for sweeping reforms of the criminal justice system and separating the National Police from the Ministry of Defense.

The commission's recommendations are non-binding, but incoming President Gustavo Petro has said he will follow them.

NE MedMJ Initiative Signature Deadline Looms, Swiss Ease Medical Marijuana Access, More... (6/23/22)

North Carolina House Republicans are blocking a medical marijuana bill that has already passed the Senate, opium sales continue at an Afghanistan opium market despite a Taliban ban, and more.

Despite an announced Taliban ban on opium, sales are continuing at the market in Helmand. (UNODC)
Medical Marijuana

Nebraska Medical Marijuana Initiative Campaign Has Only Two Weeks to Come Up With 50,000 Signatures. Things are looking grim for Nebraskans for Medical Marijuana, the group trying to qualify an initiative for the November ballot. The campaign needs 50,000 more valid voter signatures in the next two weeks to qualify but has only gathered 35,000 signatures in months of signature-gathering. The campaign has been plagued this year by the loss of significant donors who had funded past efforts. "The reality is we need 50,000 Nebraskans to sign the petition in the next two weeks. Now it's on Nebraskans. The volunteers and patients have carried the water this far. It's on Nebraskans to go out and find a place to sign it," said state Sen. Anna Wishart, co-chair of the initiative. The same group qualified an initiative for the 2020 ballot, only to have it thrown out by the state Supreme Court.

North Carolina House Republicans Block Medical Marijuana Bill. The state Senate has passed a medical marijuana bill, the Compassionate Use Act (Senate Bill 711), but it now appears doomed in the House even though the legislative session still has more than a week to run. During a closed-door meeting Wednesday, House Republicans voted internally not to advance the bill. But the bill is not dead until the session ends, and it is theoretically possible that the bill could advance because budget negotiations are still ongoing.

International

Afghanistan Opium Markets Still Operating in Helmand Province Despite Taliban Ban. The Taliban may have issued an edict banning opium production and the opium trade, but it has yet to take effect in the poppy-growing heartland of Helmand province. Opium farmers there are still selling their harvests to smugglers, and they say they are doing it out of economic necessity in the now poverty-wracked nation. "People will sell it as long as they have it at home, it is not food. By selling it, people can make some money to feed their families," one farmer explained.

Switzerland to Ease Medical Marijuana Access. The Swiss government announced Wednesday that it will lift the ban on medical marijuana, in line with a March 2021 amendment to the Swiss Narcotics Act. As of August 1, patients will no longer have to obtain permission from the Federal Office of Public Health, but instead can get a recommendation from a doctor. "The decision to use a cannabis-based medicine for therapeutic purposes will rest with the doctor, in consultation with the patient," the government said. The government had allowed some 3,000 people to use medical marijuana, but the public health office itself described the process as "tedious administrative procedures" and said "Sick people must be able to access these medicines without excessive bureaucracy."

Medical Marijuana Update

Medical marijuana legislation gets thwarted in North Carolina, a governor's medical marijuana committee gets going in Kentucky, and more.

Kentucky

Kentucky Governor's Medical Marijuana Committee Meets for First Time. Faced with intransigent Republican opposition in the legislature, Gov. Andy Beshear (D) created the Team Kentucky Medical Cannabis Advisory Committee to try to chart a path forward. That committee met for the first time on Monday and heard testimony from Kentuckians both for and against medical marijuana as it seeks to provide guidance to the administration about how to move forward. More hearings are coming.

Louisiana

Louisiana Governor Signs Package of Mainly Medical Marijuana Bills. Gov. John Bel Edwards (D) has signed into law a package of marijuana-related bills, the majority of them dealing with medical marijuana. One bill allows nurse practitioners and psychologists to recommend medical marijuana, another clarifies that devices used to inhale medical marijuana are not drug paraphernalia, another repeals the 10-license limit on dispensary licenses and leaves room for expanding the number of dispensaries, another bill makes the state Health Department the lead regulatory agency, and another bill allows non-state residents to obtain medical marijuana in the state. Edwards also signed bills that specify that the odor of marijuana alone is not probable cause for a search and that smoking marijuana in a motor vehicle operating on the roadway is illegal.

Minnesota

US Supreme Court Declines Review of Minnesota Ruling That Employers Do Not Have to Reimburse Workers for Medical Marijuana. The Minnesota Supreme Court had ruled that employers can't be required to cover the costs of medical marijuana to treat on-the-job injuries because marijuana remains illegal under federal law. Now, the US Supreme Court has refused to hear an appeal of that decision, leaving the ruling intact and Minnesota workers out of luck. The US Solicitor General's Office argued that federal law preempts any state regulation requiring reimbursement for an illegal drug and was joined by the insurance company that was fending off the worker's claim. "If states could enforce laws compelling third parties to subsidize federal crimes, they could directly undermine congressional determinations," the Solicitor General's brief says. "For example, no legal principle would preclude a state from requiring private employers to reimburse the use of other federally prohibited products or substances, such as LSD and other psychedelic drugs, based on perceived benefits."

North Carolina

North Carolina Compassionate Use Act Stalled in House. The state Senate has passed a medical marijuana bill, the Compassionate Use Act (Senate Bill 711), but is now stalled in the House, and House Speaker Tim Moore (R) says it is unlikely to be taken up before the legislative session ends on June 30. The bill passed the Senate easily on a 36-7 vote and recent in-state polling shows wide support for its passage. The bill envisions a network of 10 medical marijuana suppliers, each operating up to 10 dispensaries to provide medicine for people who have registered with the state for the treatment of specified "debilitating medical conditions."

TX GOP Opposes Marijuana Legalization, British Prescription Heroin Shortage, More... (6/21/22)

Pennsylvania takes a step toward legalizing fentanyl test strips, Thailand moves to block minors from using marijuana or hemp, and more.

Prescription herion (diamorphine). Supplies are running low in Great Britain. (Creative Commons)
Marijuana Policy

Texas GOP's New Platform Opposes Marijuana Legalization. At its state convention in Houston last weekend, the Texas Republican Party adopted a platform plank opposing marijuana legalization, even though recent polling shows two-thirds of all Texans and 51 percent of Republicans favor it. The convention did, however, endorse moving marijuana from Schedule I to Schedule II of the federal Controlled Substances Act. The party also adopted several other drug policy planks, including opposing needle exchange programs, requiring drug testing for welfare recipients, designating Mexican drug trafficking organizations as "terrorist organizations," and encouraging "faith-based rehabilitation."

Psychedelics

Missoula, Montana, City Council Ponders Psychedelic Decriminalization Resolution. Two members of the city council filed a resolution to decriminalize "entheogenic plants," including peyote and magic mushrooms, last Wednesday. The council members are Daniel Carlino and Kristen Jordan. It was a grassroots efforts backed by "many Missoulians," said Carlino. "We’ve heard comments in support of this resolution from veterans who have experience with this in treating PTSD. We’ve heard comments of support from therapists, doctors and dozens and dozens of community members." The council has yet to act on the resolution, which would block Missoula police from arresting people for growing, possessing, or gifting entheogens. The police department adamantly opposes the move.

Harm Reduction

Pennsylvania House Passes Fentanyl Test Strip Bill. The House has unanimously approved a bill to legalize fentanyl strips, House Bill 1393. It does so by removing the test strips from the state's definition of drug paraphernalia. Supporters say the change in the law will allow drug users to avoid overdoses by testing their drugs without fear of being arrested for possessing drug paraphernalia. Philadelphia Mayor John Kenney (D) decriminalized fentanyl test strips in that city in August 2021 and Attorney General Josh Shapiro (D) has said his office "will not prosecute individuals simply for possessing fentanyl test strips." This legislation would bring state law in line with what is increasing becoming public policy in the state. Companion legislation is now set to move in the Senate.

International

Thailand to Restrict Marijuana Use to Adults After Complaints. Facing with a rising chorus of complaints after the country liberalized its marijuana laws earlier this month, Thai officials announced last Thursday that they will issue rules limiting access to marijuana and hemp to people 20 years of age and older. People under that age will need permission from a doctor to use such products. The move came amid media  reports that two teenage students were hospitalized for marijuana "overdoses." The government is also going to move to limit marijuana consumption in public and to control cannabis in food.

British Prescription Heroin Shortage Wreaking Havoc with People on Maintenance Regime. British drug non-profits are warning that people on prescription heroin (diamorphine) maintenance are now relapsing because of a nationwide shortage of all doses of the prescription drug. Pharmacists are reporting that patients who had been stable on prescription heroin for 10 or 15 years are deteriorating because they cannot access their medication. The Department of Health and Social Care has confirmed that

5mg, 30mg, 100mg and 500mg injections of diamorphine are currently out of stock. "These are patients that have been on prescriptions for 20 years and have been very stable and working, living their lives, and are closely monitored to ensure they’re not on other drugs," said Clare Robbins of the drug charity Release. "The majority we are supporting at the moment have now relapsed, often for the first time in 10 or 15 years and that’s really devastating for them," she said. "These people have built relationships with their pharmacists over 10 to 15 years and I’ve had pharmacists on the phone who are quite distressed about seeing their patient deteriorate." Only two companies supply prescription heroin in the United Kingdom, and the supply chain has been wobbly since the coronavirus pandemic took hold in early 2020. 

Brazil Court Okays MedMJ Home Grows, NC MedMJ Bill Stalled, More... (6/15/22)

The North Carolina Compassionate Use Act is stuck in the House, the European Union's drug monitor reports increasing drug production on the continent, and more.

Medical Marijuana

North Carolina Compassionate Use Act Stalled in House. The state Senate has passed a medical marijuana bill, the Compassionate Use Act (Senate Bill 711), but is now stalled in the House, and House Speaker Tim Moore (R) says it is unlikely to be taken up before the legislative session ends on June 30. The bill passed the Senate easily on a 36-7 vote and recent in-state polling shows wide support for its passage. The bill envisions a network of 10 medical marijuana suppliers, each operating up to 10 dispensaries to provide medicine for people who have registered with the state for the treatment of specified "debilitating medical conditions.

International

Brazil Court Approves Home Cultivation of Medical Marijuana. Under current Brazilian law, medical use of products derived from marijuana is limited to imported goods, but a five-judge panel of the Superior Court of Justice ruled Tuesday that three patients had the right to grow their own medicine. The ruling came after the Health Ministry failed to craft regulations for home cultivation and will likely set a national precedent. Judges on the panel ripped into the government's failure to act as based on "this prejudice, this moralism" and accused it of taking "a deliberately backward action toward obscurantism" in delaying action.

EU Drug Monitor Warns of Rising Drug Production in Europe. In its annual report released Tuesday, European Drug Report 2022, the European Monitoring Center for Drugs and Drug Addiction (EMCDDA) warned of rising drug production on the continent amidst a proliferation of old and new psychoactive substances (NSP) being peddled and gobbled. "Synthetic drug production continues to increase in Europe," EMCDDA noted, citing illegal labs cranking out large quantities of amphetamines, methamphetamines, Ecstasy, cathinones, and other, more exotic NSPs. Some 350 such labs were busted in 2020, the last year for which data is available The report also warned that European crime groups are increasingly working with foreign trafficking networks to cut costs for drug production and trafficking. NSPs, meanwhile, "continue to appear in Europe at the rate of one per week," the report said.

Delaware Lawmakers Fail to Override Governor's Marijuana Legalization Veto [FEATURE]

Delaware marijuana legalization supporters suffered a bitter defeat this week. They had seen a legalization bill, House Bill 371, pass the legislature with a veto-proof majority, only to see the bill vetoed by Gov. John Carney (D), and when the House voted to override the veto came Tuesday, the veto-proof majority had vanished into thin air, with the effort failing on a 20-20 vote.

Delaware State Capitol (Creative Commons)
That's because five Democrats who voted for the bill -- state Reps. Stephanie Bolden, Andria Bennett, William Carson, and Sean Matthews -- voted against overriding the veto, as did two Republicans who had voted for the bill, Reps. Michael Ramone and Jeffrey Spiegelman. House Speaker Valarie Longhurst (D), who had voted "yes” on the bill, abstained on the override vote.

The vote came just hours after more than 150 people led by the Delaware Cannabis Coalition rallied outside the statehouse to rail against Gov. Carney's veto and urge lawmakers to override it color:#333333">

"If you listen to his reasonings for his veto, it's almost as if you're watching Reefer Madness from the 1930's,” the bill's Senate sponsor, Trey Paradee (D) told the crowd. "So I'm not quite sure where he gets his information on this issue. But at this point, 19 other states have already figured this out. This is long overdue.”

Inside the chamber, House bill sponsor Rep. Ed Osienski (D) implored his colleagues to override the veto.

"I think this body is quite capable of directing and fixing any issues that may come from the passage of this legislation,” Osienski said during the House debate. "We need legalization, so I beg of my colleagues not to wait till 2025 to do this, but to override this veto, and then we can work together on the regulation and taxation.”

While House Bill 371 only legalized the possession of up to an ounce of marijuana -- not a legal marketplace, Osienski was referring to a broader legalization bill that did include a taxed and regulated market, House Bill 372. That bill failed even though it won a majority of votes because it needed a two-thirds majority in the House due to its tax provisions. After that, the legislature then approved House Bill 371, but even personal legalization without a marketplace was too much for Gov. Carney, who said he could live with medical marijuana and even decriminalization, but not legalization.

"I recognize the positive effect marijuana can have for people with certain health conditions, and for that reason, I continue to support the medical marijuana industry in Delaware,” Carney reasoned in his May veto statement. "I supported decriminalization of marijuana because I agree that individuals should not be imprisoned solely for the possession and private use of a small amount of marijuana -- and today, thanks to Delaware's decriminalization law, they are not. That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people. Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.”

As the House session ended Wednesday, Osienski released a statement saying legalization would be stymied if Carney did not change his mind about it.

"I didn't have enough votes in my own caucus alone -- only 23 members initially voted for HB 371,” Osienski said. "I didn't have the support of all three Republicans who voted for the bill, which put the veto override out of reach. However, I felt it was important to the advocates and supporters who have fought for a safe, legal, regulated cannabis industry to see this process through to the end.”

The Marijuana Policy Project's state policy director, Karen O'Keefe, isn't counting on Carney changing his mind or legalization happening before Carney leaves office.

"Unless there are major changes to the composition of the Delaware House, prohibition will almost surely continue in Delaware until there's a new governor in 2025,” she told Marijuana Moment. "In the meantime, Delawareans -- disproportionately Black and Brown Delawareans -- will continue to be subjected to thousands of unnecessary, intrusive searches and stops because Gov. Carney vetoed HB 371, and several members of the House didn't have the courage of their convictions to vote to override his veto.”

Too bad Delaware does not have an initiative process. Delawareans have shown levels of support for legal weed at levels above 60 percent for more than five years, yet their political system fails to respond.

Medical Marijuana Update

A North Carolina medical marijuana bill is moving, a Louisiana bill to protect medical marijuana-using state employees goes to the governor, and more.

Louisiana

Louisiana Bill to Protect State Employees Who Use Medical Marijuana Goes to Governor. Both houses of the legislature have now approved House Bill 988, which aims to protect state employees from any negative consequences for using medical marijuana. The bill's author, House Rep. Mandie Laundry explained, "This bill provides employment discrimination protections," bill sponsor Rep. Mandie Laundry (D-New Orleans) explained. "It basically means that they can't be precluded from employment or fired just for having a medical marijuana prescription." The bill is now on the desk of Gov. John Bel Edwards (D), who has given no indication of whether he will sign it or not.

New York

New York Senate Approves Bill to Mandate Health Insurance Coverage for Medical Marijuana. The Senate last Wednesday approved Senate Bill 8837, which would require public health insurance programs to cover medical marijuana expenses and clarify that private insurers can do the same. The bill would define marijuana as a "prescription drug," "covered drug," or "health care service" under relevant state codes so that Medicaid and workers compensation would be required to provide coverage. The bill now heads to the Assembly.

North Carolina

North Carolina Medical Marijuana Bill Advances to Senate Floor Vote. The Compassionate Use Act, Senate Bill 711, was unanimously approved by the Senate Rules Committee last Wednesday, clearing the way for a final Senate floor vote, which could happen as soon as today. If and when the bill passes the Senate, it then goes to the House, and if approved by the House, it would go to the desk of Gov. Roy Cooper (D), who has said he supports medical marijuana. The bill would create a commission to issue 10 medical marijuana supplier licenses, with each supplier able to operate eight retail shops. Patients would be limited to a 30-day supply of medical marijuana.

North Carolina Senate Approves Medical Marijuana Bill. The Senate last Thursday voted 35-10 to legalize medical marijuana by approving Senate Bill 711, the Compassionate Use Act. That vote was a second reading of the bill, with another vote required next week before the bill is sent to the House, but after today's vote, that is considered a formality. The bill would let patients possess up to 1 ½ ounces of medical marijuana, but does not allow for home cultivation.

Pennsylvania

Pennsylvania Lawmakers Push for Tax Relief for Medical Marijuana Businesses. The House Finance Committee has approved an amendment to a broader tax code reform bill that would allow medical marijuana businesses to deduct business expenses for state tax purposes. Such businesses cannot deduct business expenses on their federal tax returns because the plant remains federally illegal, but the amendment would let the businesses add deductions after the fact to their federal corporate tax filings. The state Senate has already passed a bill to clarify that medical marijuana businesses may use the state's banking system, but the House has yet to act on its version of that bill.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School