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Free Drugs Handed Out in Vancouver, NJ Dismisses Nearly 88,000 Marijuana Cases with More to Come, More... (7/15/21)

Ohio sees its first full-fledged marijuana legalization bill, Mississippi is moving toward a legislative special session to address medical marijuana, legalization in Israel gets stalled, and more.

Welcome to the land of expungement. Nearly 88,000 old pot cases dismissed so far, with more to come. (Creative Commons)
Marijuana Policy

New Jersey Dismisses Nearly 88,000 Marijuana Cases. In accordance with the state's marijuana legalization law approved by voters last November, the New Jersey Courts announced Monday that they have vacated or dismissed nearly 88,000 marijuana cases, and that is only the first batch. Superior and municipal courts have identified another 270,000 cases eligible to be vacated, dismissed, and expunged.

Ohio Sees First Marijuana Legalization and Regulation Bill Filed. For the first time, the state legislature has a marijuana legalization bill before it after Reps. Casey Weinstein (D-Hudson) and Terrence Upchurch (D-Cleveland) have filed a bill that would allow for both personal and commercial cultivation, regulate marijuana commerce, and expunge the records of people previously convicted of low-level marijuana offenses. It's been five years since the Republican-dominated legislature passed a medical marijuana law to head off a proposed legalization initiative. Another bill filed this year, House Bill 210, would have allowed personal cultivation of marijuana plants and expungement of certain marijuana offenses, but not taxed and regulated marijuana commerce. That bill has not moved. Gov. Mike DeWine (R) remains opposed to legalization.

Medical Marijuana

Mississippi Legislature Could Hold Special Session on Medical Marijuana Next Month. Mississippi House Speaker Pro Tempore Jason White (R-District 48) said Wednesday that the legislature could be ready as early as next month to go into a special session to pass a medical marijuana bill. The legislature is acting after the state Supreme Court threw out a voter-approved medical marijuana initiative because of a technical issue the legislature has failed to address for 20 years, essentially invalidating the state's initiative process. Gov. Tate Reeves (R) has said he would call a special session only after lawmakers have reached an agreement on a bill in advance. White said both the House and the Senate have been working on the issue, and he believes they would have an agreement by mid-August.

International

Vancouver City Councilwoman, Activists Hand Out Free Drugs to Highlight Problem of "Safe Supply." Vancouver Councilwoman Jean Swanson and a pair of drug user advocacy groups, Drug User Liberation Front (DULF) and the Vancouver Area Network of Drug Users (VANDU), joined forces Wednesday to hand out free cocaine, heroin, and methamphetamine to drug users in the city's Downtown Eastside. The drugs had been pre-tested to ensure they did not contain contaminants such as fentanyl. The move was undertaken to highlight the problem of the city's toxic illicit drug supply. Between January and May of this year, 851 people died of drug overdoses in the city, the highest number ever reported in the first five months of a calendar year. The city and the province of British Columbia are moving toward drug decriminalization and providing a "safe supply" of drugs to users, but activists accuse them of not doing enough. In a statement handed out at the event, the groups said the free drug handout was to "raise awareness of the deeply flawed aspects of the Vancouver Model of decriminalization, including disproportionate influence of the Vancouver Police Department, unreasonably low drug thresholds, and lack of provisions for safe supply."

Israel Marijuana Legalization Bill Vote Postponed as Arab Coalition Party Says It is Not Yet Ready to Support It. Israel's fractious and narrowly divided politics is having an impact on marijuana legalization legislation, as the ruling coalition has had to put off a Wednesday vote on a marijuana legalization bill after the Islamist Ra'am Party, which for the first time is part of a governing coalition, has said it needed more time to study the bill. Ra'am head Mansour Abbas asked bill sponsor New Hope Member of the Knesset Sharren Haskel for a two-week delay while his party studies the bill. It has been approved Sunday by Ministerial Committee for Legislation on Sunday, but now faces at least the two-week delay and, if Ra'am cannot be convinced to support it, dying in the Knesset.

NJ Governor Signs MedMJ Telehealth Bill, SD Activists Prepare 2022 Legalization Initiatives, More... (7/6/21)

A Rhode Island marijuana legalization bill gets a hearing but appears doomed this year, a South Dakota Native American reservation opens the state's first medical marijuana dispensary, and more.

South Dakota's Badlands. The state saw its first medical marijuana dispensary last week, and the fight for legali pot continues.
Marijuana Policy

Rhode Island Marijuana Legalization Bill Gets House Committee Hearing. The House Finance Committee held a hearing on a marijuana legalization bill, House Bill 6370, sponsored by Rep. Scott Slater (D-Providence). While the Senate has already passed a legalization bill, Senate Bill 568, Slater's bill includes some features the Senate bill does not, including automatic expungement for past marijuana offenses and oversight and impact fees to be paid to municipalities where retail stores open. It would legalize possession of up to an ounce and includes a home cultivation provision allowing for up to 12 plants. No committee vote was taken, and House Speaker Joseph Sjekarchi (D-Warwick) has said the House would not consider the bill until the next legislative session.

South Dakota Activists Move to Put Marijuana Measures on 2022 Ballot. South Dakota voters approved a marijuana legalization initiative with 54% of the vote last November, but now, after the administration of Gov. Kristi Noem (R) challenged the constitutionality of the initiative in court, with a decision pending at the state Supreme Court, backers of the original initiative are back with a new package of legalization initiatives in case the high court rules against them. Last Friday, South Dakotans for Better Marijuana Laws filed paperwork for four ballot measures dealing with marijuana policy and one that would repeal a single-subject amendment that voters approved in 2018. The court challenge to last November's initiative argues that it violates the single-subject requirement. That argument was upheld by a circuit court judge earlier this year.

Medical Marijuana

New Jersey Governor Okays Telehealth Prescriptions for Medical Marijuana. Governor Phil Murphy (D) has finally signed a bill allowing health care providers to recommend medical marijuana via telehealth. He originally vetoed SD 619/A 1635 back in April after criticizing it for including a 270-day waiting period before going into effect. The legislature then amended the bill and got rid of that waiting period so it will go into effect immediately. The amended bill also removed language requiring an in-person doctor visit before initiating telehealth.

South Dakota Tribe Opens First Medical Marijuana Dispensary in the State. While the state's medical marijuana program, approved by voters last November, is not set to go into operation until next year, medical marijuana became legal in the state on July 1, and the Flandreau Santee Sioux Tribe isn't waiting for state regulators. The state's first medical marijuana dispensary opened on the reservation that same day. The tribe requires customers to first obtain a medical marijuana ID card through its medical marijuana program, which is independent of the program being crafted by the state Health Department. That is leading some skeptics to fear that non-tribe members could face problems with state law enforcement even though the Noem administration last week released Highway Patrol guidelines saying troopers would not arrest people with unexpired medical marijuana cards provided they possessed less than the legally allowed three ounces.

FL Supreme Court Strikes Down Second Pot Initiative, ME Legislature Passes Drug Trafficking Reform Bill, More... (6/21/21)

Possession of more than two grams of heroin or fentanyl would no longer be considered prima facie evidence of drug trafficking in Maine after the legislature passes a reform bill, the Decriminalize Nature movement gets a Vermont chapter, and more.

Maine lawmakers move to rein in the state's harsh drug trafficking law. (Creative Commons)
Marijuana Policy

Florida Supreme Court Strikes Down Second Marijuana Legalization Initiative; Only One Remains Alive. The state Supreme Court last Thursday struck down a marijuana legalization initiative sponsored by Sensible Florida, the second time it has blocked a proposed 2022 initiative. The court held the initiative's ballot language was misleading because it said recreational use would be limited, but the actual language would allow for state and local governments to remove those restrictions. The state's Republican attorney general, Ashley Moody, petitioned the court to block the initiative. An earlier initiative was struck own because it failed to mention marijuana would remain illegal under federal law. A third initiative, from Floridians for Freedom, remains alive. It includes language about marijuana remaining federally illegal and it is very short, leaving less room for the Supreme Court to rule it deceives voters. It needs a million valid voter signatures by February to qualify for the 2022 ballot.

Drug Policy

Maine Bill to Restrict Drug Trafficking Law Passes Legislature. A bill that would amend the state's harsh drug trafficking law to require that the state actually prove drug trafficking instead of charging a person with trafficking for merely possessing an amount of drugs above a certain limit, LD 1675, won final floor votes in the House and Senate last Friday and now heads to the desk of Gov. Janet Mills (D) . Current law makes possession of more than two grams or 90 wraps of heroin or fentanyl evidence of drug trafficking. The bill would also end the 3.5-to-1 state sentencing disparity for crack and powder cocaine offenses.

Psychedelics

Vermont Decriminalize Nature Chapter Forms Amid Push to Decriminalize Natural Psychedelics. As the state legislature ponders a bill to decriminalize natural entheogens, House Bill 309, psychedelics advocates have formed a state chapter of the nationwide group Decriminalize Nature to help prod lawmakers to act. And they need the prodding: The bill has languished in the House Judiciary Committee since it was filed in February. "People are all about nature in Vermont and healing with beautiful nature," Decriminalize Vermont leader Carly Nix said. "And also, I already believe that people should be able to grow their own cannabis and heal with cannabis so this seems like a pretty natural next step."

International

Mexican Border Town of Reynosa Sees 14—Or is it 18?—People Killed by Presumed Cartel Gunmen. Gunmen in SUVs ranged across the border town of Reynosa, just across the Rio Grande River from McAllen, Texas, leaving a toll of at least 14 and as many as 18 dead. The likely perpetrators were warring factions of the Gulf Cartel, which has long dominated drug trafficking in Reynosa but has recently been riven by splits. The last two years have been the bloodiest yet in Mexico's drug war, with more than 34,000 people being killed in both 2019 and 2020, and the toll this year shows no signs of slowing. By contrast, when Mexico's prohibition-related violence earned sustained international attention during the 2012 presidential election year in the US and Mexico, the death toll was around 15,000. It has steadily increased ever since.

Medical Marijuana Update

The Florida Supreme Court upholds the state's corporate-friendly medical marijuana rules, the Texas Senate approves a medical marijuana expansion bill, and more.

Colorado

Colorado Bill with Stricter Rules for Medical Marijuana Wins Committee Vote. After a lengthy hearings, the House Public& Behavioral Health & Human Services Committee unanimously approved a bill, House Bill 1317, proposing stricter rules for medical marijuana patients and physicians, as well as new packaging requirements for commercial marijuana concentrate and state-funded research into the mental-health effects of potent marijuana products. The bill now goes before the House Finance Committee.

Florida

Florida Supreme Court Upholds Restrictive Medical Marijuana Rules. In a ruling Thursday, the state Supreme Court upheld the state's restrictive medical marijuana rules, rejecting a challenge from a grower who was denied a license. The grower had argued that the state's regulation did not comply with the 2016 constitutional amendment allowing medical marijuana. A 2017 law created steep barriers to entry in the industry by mandating that licensees had to operate in every aspect of the business.

Texas

Texas Senate Approves Medical Marijuana Expansion Bill. The Senate last Tuesday approved House Bill 1535, which would expand the state's medical marijuana program to include all forms of PTSD and cancer, but not chronic pain. The bill now goes back to the House for approval of changes made in the Senate.

Marijuana Legalization Bill Filed in House, MD Governor Vetoes Paraphernalia Decrim, More... (5/28/21)

The proposed Biden budget retains the ban on selling and taxing marijuana in Washington, DC, marijuana consumption lounge bills are moving in California and Nevada, and more.

Maryland Gov. Larry Hogan (R) has vetoed a bill that would decriminalize the possession of drug paraphernalia. (Creative Commons
Marijuana Policy

Federal Marijuana Legalization Bill Introduced in House. House Judiciary Committee Chair Jerry Nadler (D=NY) reintroduced a marijuana legalization bill Friday morning, the Marijuana Opportunity Reinvestment & Expungement (MORE) Act. The House passed a similar version of the bill last year, only to see in die in the GOP-led Senate. This year, Senate Majority Leader Chuck Schumer (D-NY) says he will filed a legalization bill shortly.

Biden Budget Keeps Ban on DC Marijuana Sales. President Biden's first proposed budget retains congressionally imposed on selling and taxing marijuana in the nation's capital. House Democrats could ignore that that proposal and vote to undo the budget rider that blocks the District from moving forward, but that could get complicated in the evenly divided Senate.

California Assembly Approves Bill to Allow Food and Drink Sales at Marijuana Consumption Lounges. The Assembly on Thursday approved Assembly Bill 1034, which would alter the state's marijuana laws, which already allow consumption lounges, to allow those lounges to sell non-marijuana foods and drinks. The bill now heads to the Senate.

Nevada Assembly Approves Marijuana Consumption Lounge Bill. The Assembly on Thursday approved Assembly Bill 341 on a 29-12 vote. The bill would allow existing pot retailers to open a consumption lounge at one of its facilities. The bill now heads to the Senate.

Medical Marijuana

Colorado Bill with Stricter Rules for Medical Marijuana Wins Committee Vote. After a lengthy hearings, the House Public& Behavioral Health & Human Services Committee unanimously approved a bill, House Bill 1317, proposing stricter rules for medical marijuana patients and physicians, as well as new packaging requirements for commercial marijuana concentrate and state-funded research into the mental-health effects of potent marijuana products. The bill now goes before the House Finance Committee.

Florida Supreme Court Upholds Restrictive Medical Marijuana Rules. In a ruling Thursday, the state Supreme Court upheld the state's restrictive medical marijuana rules, rejecting a challenge from a grower who was denied a license. The grower had argued that the state's regulation did not comply with the 2016 constitutional amendment allowing medical marijuana. A 2017 law created steep barriers to entry in the industry by mandating that licensees had to operate in every aspect of the business.

Drug Policy

Federal Bill to Make Fentanyl Schedule I Filed in House. A bipartisan pair of congressmen filed the Federal Initiative to Guarantee Health by Targeting (FIGHT) Fentanyl Act on Thursday. The drug and its analogs have been temporarily placed in Schedule I, a classification that was set to expire earlier this month, but was extended to October 2022. This bill, and companion legislation already filed in the Senate, would make the move permanent.

Illinois Legislature Approves Bill Restoring Food Stamp Benefits for Drug Felons. With a vote in the Senate Thursday, the legislature has approved House Bill 88, which would provide that a conviction for a drug crime would no longer make people ineligible for Temporary Assistance for Needy Families (food stamps) benefits. The ban is federally imposed, but contains a provision allowing states to opt out from enforcing it, and nearly all states have.

Harm Reduction

Maryland Governor Vetoes Drug Paraphernalia Decriminalization Bill. Governor Larry Hogan (R) vetoed a bill that would have decriminalized the possession of drug paraphernalia on Wednesday, Senate Bill 420. He cited public safety concerns in his veto message. But bill sponsor Senator Jill Carter (D-Baltimore) has vowed to override the veto. The bill passed with a veto-proof majority in the House, but not the Senate.

IL House Passes Marijuana Equity Bill, Mexican State Police Commander Gunned Down, More... (5/26/21)

A new poll shows strong support for marijuana legalization in the Mountaineer State, a Louisiana bill to end the threat of jail time for pot possession advances, and more.

Minnesota medical marijuana patients will soon be able to smoke their medicine. (Creative Commons)
Marijuana Policy

Illinois House Passes Marijuana Equity Bill. The House on Tuesday passed House Bill 1443, which would revamp the state's system for awarding marijuana dispensary licenses with an eye toward increasing minority participation in the legal industry. The bill would create two new lotteries for dispensary licenses creating 110 new licenses in addition to the 75 already licensed. The bill now heads to the Senate, which has until Monday's legislative deadline to pass it with a simple majority.

Louisiana House Panel Advances Bill to Lower Marijuana Penalties. The Senate Judiciary C Committee voted on Tuesday to approve House Bill 652, which would remove the threat of jail time for low-level marijuana possession offenses. Pot possession would remain a misdemeanor, but punishable only by a $100 fine. The bill has already passed the House and now heads for a final Senate floor vote.

West Virginia Poll Has Strong Support for Marijuana Legalization. A new poll from Change Research finds strong support for marijuana legalization in the state. Some 70% of registered voters supported marijuana legalization, 77% supported Congress doing it this year in light of legalization in other countries, and 89% supported allowing medical marijuana to be dispensed in VA facilities.

Medical Marijuana

Minnesota Governor Signs into Law Bill Legalizing Smokable Medical Marijuana. Governor Tim Walz (D) on Tuesday signed into law a medical marijuana expansion bill that includes allowing adult patient to use smokable marijuana products. That policy must take effect by March 1, 2022, or earlier if rules are developed and the state's cannabis commissioner authorizes it.

Mississippians Rally to Demand Special Session to Pass Medical Marijuana. Protestors marched Tuesday from the Supreme Court to the governor's mansion calling for a special session of the legislature after the state Supreme Court last week threw out a voter-approved medical marijuana law. The measure had passed with 74% of the vote, but the court tossed it because the state constitution requires signature gathering requirements in five US representative districts and the state has only had four of them since 2000.

International

Mexico's Head of State Police in Sinaloa Gunned Down. Presumed cartel gunmen ambushed Joel Ernesto Soto, director of the Sinaloa State Police, on Monday, killing him. He was found dead in his bullet-riddled car on the outskirts of Culiacan, the state capital. Sinaloa is the home of the Sinaloa cartel, which is now embroiled in internecine violence as well as armed conflict with the rival Jalisco New Generation cartel.

Mississippi's Medical Marijuana Law Struck Down Before It Can Take Effect [FEATURE]

Mississippians want medical marijuana. They said so at the polls last November when 74% of them voted for Amendment 65, the medical marijuana initiative that had jumped through all the procedural hoops to make it onto the ballot. They also said they wanted that specific language, rejecting a watered-down Alternate Amendment 65A sponsored by the Republican-dominated state legislature in a bid to seize control over the issue.

Mississippi Supreme Court (mississippi.org)
But before the voters had spoken, long-time Republican Madison Mayor Mary Hawkins Butler filed suit to have the initiative thrown out on what can fairly be described as a technicality. And last Friday, the state Supreme Court, consisting of five justices appointed by Republican governors and four selected in nonpartisan elections, agreed, overturning the clear will of the voters because the legislature has failed to act for two decades on a constitutional housecleaning issue.

Under a provision of the state constitution added in the 1990s, Section 273, initiative campaigns are required to get one-fifth of signatures from each of five congressional districts, which seems straightforward enough. The only problem is that since congressional reapportionment after the 2000 census, the state only has four districts, making it impossible for any initiative to comply with the constitutional language.

Since 2000, the state has seen numerous initiatives, with many, including a 2011 voter ID initiative, becoming state law. None of them have been thrown out because of the conflict between the Section 273 language and reality. Until now.

In its 6-3 decision in Butler v. Watson (Watson being the secretary of state), the Supreme Court rejected the argument that the state's loss of a congressional seat renders the Section 273 language "unworkable and inoperable on its face," and instead pronounced itself bound to find Amendment 65 "insufficient" because it cannot meet the five district requirement. And it pointed a finger back at the legislature:

"Whether with intent, by oversight, or for some other reason, the drafters of section 273(3) wrote a ballot-initiative process that cannot work in a world where Mississippi has fewer than five representatives in Congress," the court held. "To work in today's reality, it will need amending -- something that lies beyond the power of the Supreme Court."

The decision is not going over well, and not only with medical marijuana advocates, but also in the state legislature, where this week calls arose among lawmakers for a special session to deal with medical marijuana and with the constitutional initiative problem.

"The Mississippi Supreme Court just overturned the will of the people of Mississippi," Ken Newburger, executive director for the Mississippi Medical Marijuana Association, said in a statement. "Patients will now continue the suffering that so many Mississippians voted to end. The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people's constitutional right. It's a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn't matter."

"The Supreme Court's decision effectively told the people of Mississippi: 'You have no voice, no vehicle for voter initiative, y'all's power is over,'" said Diesoul Blankenship of Mississippians for Medical Marijuana. "It's nothing short of erroneous and illegal."

"228,000 Mississippians signed petitions to put medical marijuana on the ballot last year, and an overwhelming majority of the state voted to approve it in November," said Angie Calhoun, Board Member of the Mississippi Medical Marijuana Association. "In addition to silencing the votes of three-fourths of the state, today the Supreme Court squashed the hope of thousands of patients like my son, who will now not be able to find relief through medical marijuana. As a mother of a patient, I am heartbroken and outraged that this was allowed to happen."

National supporters of Amendment 65 chimed in, too.

In a statement last Friday, Marijuana Policy Project deputy director Matthew Schweich called it a "cruel and tragic day" for Mississippi patients and described the court decision as "deeply flawed."

"As a result, tens of thousands of Mississippians with debilitating health conditions will be denied safe, legal access to something that can alleviate their pain and improve their quality of life. Instead, they will once again be treated as criminals under the law, Schweich said. "To add insult to injury, this decision not only nullifies the will of hundreds of thousands of voters, it also effectively eliminates Mississippians' right to bring forward ballot initiatives to amend their state's constitution. The legislature must take action to fix the ballot initiative requirements and honor the will of their constituents by enacting Amendment 65 into law through the legislative process."

"Our hearts are broken for the patients in Mississippi who need access to medical cannabis, as well as their families who will continue to watch their loved ones needlessly suffer. We stand with them. The fight for a compassionate medical cannabis law in Mississippi will continue."

There are growing bipartisan calls for a special session to rectify the situation.

Republican House Speaker Phillip Gunn said Monday he is open to the special session. "If the legislature does not act on an issue that the people of Mississippi want, then the people need a mechanism to change the law. I support the governor calling us into a special session to protect this important right of the people," the Republican representative said in a statement.

Democratic state Rep. John Hines told said Tuesday the court's decision against the electorate was shocking and Reeves needed to act. "The governor's in the driver's seat when we're out of session," he said. "It's his prerogative to call a session or not call a session."

A poll released Tuesday could add to the mounting pressure on the governor. It found 60% of respondents disapproved of the Supreme Court ruling and wanted Reeves to call a special session.

Reeves, though, is so far noncommittal. In remarks Tuesday, he said: "The people have spoken. They made their voice heard and voted overwhelmingly to have a (medical marijuana) program and Mississippi should have that."

But when asked directly about calling a special session, his response was: "We are a long way from being able to make that decision."

And the people of Mississippi wait, thwarted.

Medical Marijuana Update

Busy, busy. There's action at statehouses all over the place, plus Ohio regulators okay three new qualifying conditions, and more.

Alabama

Alabama Becomes Newest Medical Marijuana State. With the signature of Gov. Kay Ivey (R) on Senate Bill 46, medical marijuana is now set to become legal in the state. The new law allows the use of medical marijuana for a set of specified medical conditions and creates the Alabama Medical Cannabis Commission to oversee how marijuana is grown.

Kansas

Kansas Medical Marijuana Bill Wins Committee Vote. A medical marijuana bill, House Substitute for Senate Bill 158, has been approved by the House Federal and State Affairs Committee after it approved several amendments. This is the second time the committee has approved the reform proposal for this session. But in March, the House sent the bill back to the committee for further consideration.

Minnesota

Minnesota Legislature Approves Medical Marijuana Expansion, Smokable Marijuana. On the final day of the legislative session, lawmakers approved a bill that will expand the state's medical marijuana program by allowing patients to smoke the buds of the dried plant. The bill now heads to the desk of Gov. Tim Walz (D).

Mississippi

Mississippi Supreme Court Voids Voter-Approved Medical Marijuana Law. The state Supreme Court last Friday threw out a voter-approved medical marijuana initiative, ruling that it did not meet the state's requirement that 20% of signatures come from each of five congressional districts. The problem is that the state has only had four congressional districts since the 2000 census, and legislative efforts to redress the issue have yet to succeed. Three justices strongly dissented, saying that the secretary of state has rightfully put the measure on the ballot. "The Mississippi Supreme Court just overturned the will of the people of Mississippi," Ken Newburger, executive director for the Mississippi Medical Marijuana Association, said in a statement. "The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people’s constitutional right. It’s a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn’t matter."

Mississippi Lawmakers Ponder Special Session on Initiative, Medical Marijuana in Wake of Supreme Court Ruling. A day after the state Supreme Court invalidated a voter-approved medical marijuana initiative because of an unfixed flaw in the state's initiative law, some lawmakers are calling on Gov. Tate Reeves (R) to call a special session to fix the initiative process, while others want a special session to craft a medical marijuana bill. The governor says he's thinking about it.

Nebraska

Nebraska Medical Marijuana Bill Killed, Setting Stage for New Initiative. A bill to legalize and regulate medical marijuana, LB 474, was killed in the legislature last Wednesday night. That sets the stage for another drive for a medical marijuana initiative, which is likely to be less restrictive than the bill that just died. The bill died when supporters were unable to go up with enough votes to stop a filibuster by opponents.

Nebraska Activists Relaunch Medical Marijuana Initiative After Legislature Blocks Bill. After medical marijuana foes in the legislature filibustered and killed a bill there on Wednesday, activists aren't wasting a minute in relaunching a campaign to put the issue before voters next year. State Sen. Anna Wishart (D-Lincoln), who led the legislative effort, took to Twitter Thursday to urge supporters to go to a website to volunteer and/or sign the petition.

Ohio

Ohio Medical Marijuana Panel Approves Three New Qualifying Conditions. A panel of the Ohio Medical Board has added three new qualifying conditions allowing state residents to use medical marijuana: arthritis, chronic migraines and complex regional pain syndrome, all of which fall into the existing category of chronic or intractable pain.

South Carolina

South Carolina Medical Marijuana Bill Killed. A medical marijuana bill, Senate Bill 150House Bill 3361, has died as the legislative session came to an end last Friday. "Quite frankly, I thought this was the year of medical marijuana, which I think has great public support," said Senate Minority Leader Brad Hutto. "That will be at the top of the agenda when we come back."

South Dakota

South Dakota Board Okays Medical Marijuana on School Grounds. The state Board of Education Standards has approved a policy that allows adults to give medical marijuana to children for whom doctors have recommended it. Only a "registered caregiver" can administer it, and it must only be in non-smokable form.

West Virginia

West Virginia Regulators Considers Allowing Patients to Grow Their Own. The West Virginia Medical Cannabis Advisory Board is considering a possible recommendation to allow state medical marijuana patients to grow their own plants. Patient advocates cited the cost of buying medical marijuana dispensaries and obstacles to access for residents who do not live near dispensaries. A decision will come some weeks down the road.

AL Becomes Latest MedMJ State, MS Supreme Court Throws Out Voter-Approved MedMJ Initiative, More... (5/17/21)

Ohio medical marijuana regulators expand the list of qualifying conditions, West Virginia medical marijuana regulators ponder allowing patient home grows, Kenyan Rastafaris petition seek to have their marijuana use legalized, and more.

The Mississippi Supreme Court. It just threw out a voter-approved medical marijuana initiative. (mississippi.org)
Medical Marijuana

Alabama Becomes Newest Medical Marijuana State. With the signature of Gov. Kay Ivey (R) on Senate Bill 46, medical marijuana is now set to become legal in the state. The new law allows the use of medical marijuana for a set of specified medical conditions and creates the Alabama Medical Cannabis Commission to oversee how marijuana is grown.

Kansas Medical Marijuana Bill Wins Committee Vote. A medical marijuana bill, House Substitute for Senate Bill 158, has been approved by the House Federal and State Affairs Committee after it approved several amendments. This is the second time the committee has approved the reform proposal for this session. But in March, the House sent the bill back to the committee for further consideration.

Mississippi Supreme Court Voids Voter-Approved Medical Marijuana Law. The state Supreme Court last Friday threw out a voter-approved medical marijuana initiative, ruling that it did not meet the state's requirement that 20% of signatures come from each of five congressional districts. The problem is that the state has only had four congressional districts since the 2000 census, and legislative efforts to redress the issue have yet to succeed. Three justices strongly dissented, saying that the secretary of state has rightfully put the measure on the ballot. "The Mississippi Supreme Court just overturned the will of the people of Mississippi," Ken Newburger, executive director for the Mississippi Medical Marijuana Association, said in a statement. "The Court ignored existing case law and prior decisions. Their reasoning ignores the intent of the constitution and takes away people’s constitutional right. It’s a sad day for Mississippi when the Supreme Court communicates to a vast majority of the voters that their vote doesn’t matter."

Ohio Medical Marijuana Panel Approves Three New Qualifying Conditions. A panel of the Ohio Medical Board has added three new qualifying conditions allowing state residents to use medical marijuana: arthritis, chronic migraines and complex regional pain syndrome, all of which fall into the existing category of chronic or intractable pain.

West Virginia Regulators Considers Allowing Patients to Grow Their Own. The West Virginia Medical Cannabis Advisory Board is considering a possible recommendation to allow state medical marijuana patients to grow their own plants. Patient advocates cited the cost of buying medical marijuana dispensaries and obstacles to access for residents who do not live near dispensaries. A decision will come some weeks down the road.

International

Kenyan Rastafaris File Petition Seeking to Legalize Marijuana. The Rastafarian Society of Kenya has filed a petition challenging the constitutionality of the country's drug laws and seeking the suspension of that section of Narcotic Drugs and Psychotropic Substances Act of 1994 dealing with marijuana when it comes to Rastafaris. "The Petitioners aver that followers/believers of the Rastafari faith use bhang or cannabis by either smoking, drinking, eating, bathing and/or burning of incense for spiritual, medicinal, culinary and ceremonial purposes as sacrament as the ultimate of manifesting their religion as a Rastafari to meditate and or reason with others in order to connect with their God," the petition said.

MO House Approves Needle Exchange Programs, NE MedMJ Bill Gets Hearing This Week, More... (5/11/21)

A Rhode Island superior court judge throws out a traffic stop and search based on the odor of marijuana, the Missouri House passes a needle exchange bill, and more.

Needle exchange programs like this one could be legalized under a bill that just passed the Missouri House. (Creative Commons)
Marijuana Policy

Rhode Island Judge Throws Out Traffic Stop Search and Arrest Based on Odor of Marijuana. A Superior Court judge on Monday threw out evidence in two cases after determining that state troopers violated suspects' rights by unconstitutionally converting routine traffic stops into drug investigations and warrantless searches. Both cases involved out-of-state drivers of color and in both cases troopers argued that the apparent nervousness of drivers gave them reasonable suspicion to prolong the traffic stops and search the vehicles. In one of the cases, troopers also argued that the faint odor of marijuana could justify a warrantless search. Marijuana is decriminalized in the state. The trooper in this case initiated the stop because of a seatbelt violation, but as the judge noted in his ruling: "Based on the facts present in this case, it is clear that [the trooper] departed from his seatbelt violation mission and pursued a narcotics investigation when he removed [the driver] from the vehicle." The judge noted that the state Supreme Court had yet to rule on how decriminalization affected reasonable suspicion or probable cause determinations, but noted that neighboring Massachusetts and Vermont high courts had ruled that the odor of marijuana alone is not sufficient for a search.

Medical Marijuana

Nebraska Medical Marijuana Bill Gets Floor Debate This Week. The state's unicameral legislature will debate a medical marijuana bill, LB 474, on Wednesday. Sponsored by Sen. Anna Wishart (D-Lincoln), the bill would allow patients with specified qualifying conditions to buy and possess up to 2 ½ ounces, but not smoke it.

South Carolina Medical Marijuana Bill's Time is Running Out. A medical marijuana bill, Senate Bill 150House Bill 3361, is on the calendar for debate in the House this week, but it is unclear whether it will be taken up before the session ends on Friday. The bill would allow patients with specified medical conditions access to medical marijuana and would set up a strictly regulated cultivation and distribution system.

Harm Reduction

Missouri House Votes to Approve Needle Exchanges. The House on Monday passed a bill to legalize needle exchange programs, House Bill 1467. There are already needle exchanges in the state, but harm reduction workers currently face the prospect of a misdemeanor charge of providing needles for drug use. Under the bill, needle exchange programs could get legal by registering with the state. The bill now heads to the Senate.

Drug War Issues

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