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

State Courts

RSS Feed for this category

CA Psilocybin Legalization Init Cleared for Signature Gathering, DE Supreme Court on Pot Odor, More... (9/17/21)

Supporters of a proposed Philadelphia safe injection site have asked the Supreme Court to overturn an appeals court decision blocking it, the Delaware Supreme Cout rules the mere odor of marijuana is not sufficient cause for a warrantless arrest, and more.

A psilocybin legalization initiative could be on the ballot in California next year .(Creative Commons)
Marijuana Policy

Delaware Supreme Court Rules Marijuana Odor Not Sufficient Grounds for Warrantless Arrest. The state Supreme Court ruled 4-1 that the mere odor of marijuana does not give police "reasonable grounds to believe" that either a felony has been committed or that a person has committed a misdemeanor in the presence of an officer -- the only two grounds for which warrantless arrest is allowed. Possession of up to an ounce of marijuana is decriminalized, and the court held that the mere odor of marijuana cannot lead police to presume that a felony amount of marijuana would be present.

Psychedelics

California Psilocybin Initiative Cleared for Signature Gathering. A proposed initiative that would legalize the possession, cultivation, and sale of psilocybin mushrooms has been cleared for signature gathering by the state attorney general's office. The office has issued an official title and summary for the California Psilocybin Initiative, which is being sponsored by Decriminalize California. It would allow the "personal, medical, therapeutic, religious, spiritual, and dietary use of Psilocybin Mushrooms" for people 21 and over, as well as allowing legal psilocybin sales and cultivation. The campaign will now have 180 days to come up with 623,212 valid voter signatures to qualify for the November 2022 ballot.

Harm Reduction

Philadelphia Safe Injection Site Supporters Ask Supreme Court to Review Appeals Court Ban.Supporters of a proposed safe injection site in Philadelphia that was blocked by a Trump-era appeals court ruling asked the Supreme Court on Friday to overturn that ruling. The appeals court held that allowing a safe injection site would violate a 1980s "crack house" law by allowing the use of drugs on site. The case will be closely watched because public officials and harm reductionists in a number of cities and states want to move forward with the harm reduction measure. The move is risky, though, given the current makeup of the court.

ICC Will Investigate Philippine Drug War Killings, KY Supreme Court Narrows Good Samaritan Law, More... (9/15/21)

Detroiters will vote on psychedelic decriminalization in November, the International Criminal Court takes a key step in the investigation of Philippine drug war killings, and more.

Filipino President Duterte is now in the International Criminal Court's hotseat. (Creative Commons)
Harm Reduction

Kentucky Supreme Court Narrows Good Samaritan Protections. In a decision late last month, the state Supreme Court ruled that a 2015 Good Samaritan law designed to protect overdose victims and the bystanders who seek assistance for them does not apply when the bystanders who call do not know for certain that a drug overdose has occurred. In the decision in Kentucky v. Milner, the court took up the separate cases of two people for whom assistance was called after they were found passed out in a car.

Both had indeed suffered drug overdoses and were revived, but they were then charged with various crimes, including possession of drugs and drug paraphernalia. Prosecutors argued that the Good Samaritan law did not apply because the bystanders did not see the people use drugs, did not know overdoses were occurring, and had no reason to believe the victims were at risk of arrest if authorities arrived.

The defendants' attorney said it would be unrealistic to expect bystanders to search an unconscious body for evidence of drug use before calling for help. "Requiring a Good Samaritan to be certain that an overdose was occurring before the exemption would apply would potentially expose both the person overdosing and the Good Samaritan to danger," attorney Steven Nathan Goens wrote in one of his briefs to the Supreme Court. But the court sided with prosecutors, effectively narrowing the scope of the law.

Psychedelics

Detroit Will Vote on Psychedelic Decriminalization in November. A proposed municipal initiative to decriminalize psychedelics has qualified for the November ballot in Detroit. The question voters will have to answer is: "Shall the voters of the City of Detroit adopt an ordinance to the 2019 Detroit City Code that would decriminalize to the fullest extent permitted under Michigan law the personal possession and therapeutic use of Entheogenic Plants by adults and make the personal possession and therapeutic use of Entheogenic Plants by adults the city's lowest law-enforcement priority?" Detroit is Michigan's largest city, but psychedelic reform has already taken place in the university town of Ann Arbor, which approved a lowest priority ordinance last year.

International

International Criminal Court Opens Official Investigation into Philippine Drug War Killings. The International Criminal Court (ICC), which finished a preliminary investigation into human rights abuses in President Rodrigo Duterte's bloody war on drugs earlier this year, announced Wednesday that it has decided to open an official investigation not only into Duterte's drug war abuses but also into killings by death squads in Davao City when he was mayor and vice mayor. "For these reasons, the chamber hereby authorizes the commencement of the investigation into the Situation in the Philippines, in relation to crimes within the jurisdiction of the Court allegedly committed on the territory of the Philippines between 1 November 2011 and 16 March 2019 in the context of the so-called 'war on drugs' campaign," said the pre-trial chamber 1 of the ICC.

By deciding to move forward with an official investigation, the ICC is setting the stage for summons and arrests warrants if requested by Prosecutor Karim Khan. Recently retired Prosecutor Fatou Bensouda, who led the preliminary investigation, had asked for authorization to open an official investigation, saying there was copious evidence of human rights abuses, and the chamber agreed. "On the basis of the above, the Chamber concludes that there is a reasonable basis for the Prosecutor to proceed with an investigation, in the sense that the crime against humanity of murder appears to have been committed, and that potential case(s) arising from such investigation appear to fall within the Court's jurisdiction," said the judges.

Human Rights Watch welcomed Wednesday's announcement: "The International Criminal Court's decision to open an investigation into brutal crimes in the Philippines offers a much-needed check on President Rodrigo Duterte and his deadly 'war on drugs,'" said Carlos Conde, the rights group's senior Philippines researcher. "Victims' families and survivors have reason to hope that those responsible for crimes against humanity could finally face justice." The Philippines government has acknowledged some 6,000 police or military drug war killings, but human rights groups say the true number could be north of 30,000.

Read more civil society reactions and other information on the web site of the Coalition for the International Criminal Court (CICC).

Medical Marijuana Update

It's the dog days of summer, but there is still a little bit of medical marijuana news to report.

Mississippi

Mississippi Lawmakers "Very, Very Close" to Deal on Medical Marijuana. Senate and House negotiators working on a medical marijuana program to replace the one approved by voters but killed by the state Supreme Court, say they are "very, very close" to having a draft bill that could prompt a special legislative session as early as this month. "I believe we have basically most of the major issues resolved,” said Sen. Kevin Blackwell (R-Southaven), who’s leading the Senate’s medical marijuana work. "… We’re very, very close." Gov. Tate Reeves (R), who has the sole authority to call a special session, has said he is willing to do, but not until the House and Senate have reached broad agreement on a proposal.

Pennsylvania

Pennsylvania Board Rejects Adding New Qualifying Medical Conditions. The state Medical Marijuana Advisory Board on Tuesday voted to reject adding five medical conditions to the list of qualifying conditions for medical marijuana use. Those conditions were traumatic brain injury, hepatitis, Hepatitis C, chronic insomnia that isn’t responding to other treatments and major depressive disorder that isn’t responding to other treatments. The board has already approved 23 serious medical conditions for medical marijuana use, but board members were concerned the applications for traumatic brain, hepatitis, and Hepatitis C were "overly broad" and cited worries that juveniles with traumatic brain injuries could qualify for medical marijuana. With chronic insomnia and major depressive, the board concluded there was no evidence that medical marijuana would benefit patients with those conditions.

Mississippi Lawmakers "Very, Very Close" to Deal on Medical Marijuana. Senate and House negotiators working on a medical marijuana program to replace the one approved by voters but killed by the state Supreme Court, say they are "very, very close" to having a draft bill that could prompt a special legislative session as early as this month. "I believe we have basically most of the major issues resolved,” said Sen. Kevin Blackwell (R-Southaven), who’s leading the Senate’s medical marijuana work. "… We’re very, very close." Gov. Tate Reeves (R), who has the sole authority to call a special session, has said he is willing to do, but not until the House and Senate have reached broad agreement on a proposal.Mississippi Lawmakers "Very, Very Close" to Deal on Medical Marijuana. Senate and House negotiators working on a medical marijuana program to replace the one approved by voters but killed by the state Supreme Court, say they are "very, very close" to having a draft bill that could prompt a special legislative session as early as this month. "I believe we have basically most of the major issues resolved,” said Sen. Kevin Blackwell (R-Southaven), who’s leading the Senate’s medical marijuana work. "… We’re very, very close." Gov. Tate Reeves (R), who has the sole authority to call a special session, has said he is willing to do, but not until the House and Senate have reached broad agreement on a proposal.Mississippi Lawmakers "Very, Very Close" to Deal on Medical Marijuana. Senate and House negotiators working on a medical marijuana program to replace the one approved by voters but killed by the state Supreme Court, say they are "very, very close" to having a draft bill that could prompt a special legislative session as early as this month. "I believe we have basically most of the major issues resolved,” said Sen. Kevin Blackwell (R-Southaven), who’s leading the Senate’s medical marijuana work. "… We’re very, very close." Gov. Tate Reeves (R), who has the sole authority to call a special session, has said he is willing to do, but not until the House and Senate have reached broad agreement on a proposal.Mississippi Lawmakers "Very, Very Close" to Deal on Medical Marijuana. Senate and House negotiators working on a medical marijuana program to replace the one approved by voters but killed by the state Supreme Court, say they are "very, very close" to having a draft bill that could prompt a special legislative session as early as this month. "I believe we have basically most of the major issues resolved,” said Sen. Kevin Blackwell (R-Southaven), who’s leading the Senate’s medical marijuana work. "… We’re very, very close." Gov. Tate Reeves (R), who has the sole authority to call a special session, has said he is willing to do, but not until the House and Senate have reached broad agreement on a proposal.

Magic Mushroom Shops Sprout in Vancouver, OH Activists Resubmit Marijuana Legalization Petition, More... (8/16/21)

California's Supreme Court says no pot for prisoners, the Philippine Justice Department makes an announcement but sheds no light, and more.

Shops in Vancouver are selling magic mushrooms and other psychedelic delectables despite their being illegal to sell. (CC)
Marijuana Policy

California Supreme Court Rules No Pot for Prisoners. Inmates in the state prison system do not have the right to possess marijuana under Proposition 64, the 2016 ballot initiative that legalized marijuana in the state, the state Supreme Court ruled in a case last week. That decision reverses a 2019 lower court decision that held prisoners could possess marijuana behind bars but could not smoke or otherwise ingest it. "We agree with the Attorney General that if the drafters had intended to so dramatically change the laws regarding cannabis in prison, we would expect them to have been more explicit about their goals," wrote Associate Justice Joshua Groban in the 5-2 opinion. "While perhaps not illogical to distinguish between the possession and use of cannabis, it is nonetheless difficult to understand why the electorate would want to preclude laws criminalizing cannabis possession in prison, but permit laws criminalizing cannabis consumption in prison," he continued.

Ohio Activists Resubmit Marijuana Legalization Petition. An activist group, the Coalition to Regulate Marijuana Like Alcohol, has resubmitted a marijuana legalization petition and required signatures after its first effort was rejected las week by Attorney General David Yost (R). "We appreciate the attorney general’s feedback on our initial filing and have fully addressed the issues flagged in this updated filing" coalition spokesman Tom Haren said. If and when the initiative is approved for signature gathering, the group will have to collect 132,887 valid voter signatures to put the proposed law before the legislature. If the legislature rejects it or fails to act on it, it could go before the voters after a second round of signature gathering.

International

Magic Mushroom Shops Sprout in Vancouver. A handful of shops selling magic mushrooms and other psychedelic substances are operating in Vancouver, British Columbia, even though selling magic mushrooms remains illegal in Canada. One such shop, the Coca Leaf Café & Mushroom Dispensary on East Hastings Street, is owned by long-time drug activist Dana Larsen. "We're sitting in a place that is unique in the world. There's nowhere else where you can get the same range of substances and things that we do right here," Larsen said. "Within a few years there’s going to be hundreds of mushroom and psychedelic dispensaries across Canada," Larsen predicted. It's not his first rodeo when it comes to promoting illicit drugs: He ran an illegal pot shop, gave out 5 million pot seeds during the 2016 "Overgrow Canada" campaign, and mailed grams of weed to Liberal politicians. Although he's operating without a license, he's not too worried, he said:  "I'm pretty good at finding that grey area where you can expand things but take a little risk, but maybe not get arrested," he said. "And even if that happened, a judge being like, ‘Yeah, Dana deserves to go to jail for a long time because he's selling people coca tea and a gram or two of psychedelic mushrooms,’ it’s just not going to happen." 

Philippine Justice Department Says It Has Finished Review of 52 Drug War Killing Cases. The Department of Justice panel that examined 52 cases of drug war killings forwarded by the Philippine National Police (PNP) says it has finished report. Justice Secretary Menardo Guevarra said he was going over the report, but there was no indication if or when the report is going to be made public. The review is part of a Filipino government effort to blunt a potential formal investigation by the International Criminal Court, which has completed a preliminary investigation and awaits a decision by prosecutors on whether to move ahead. But the 52 cases forwarded to the Justice Department represent only a tiny fraction of the more than 6,000 drug war killings for which the PNP took responsibility and an even tinier fraction of the total number of drug war killings, many conducted by shadowy vigilantes, a number human rights groups put at somewhere north of 30,000. For the latest on the horrendous human rights situation in the Philippines, see this recently released report from the Philippine Human Rights Information Center, The Killing State: Duterte's Legacy of Violence.

Medical Marijuana Update

Federal GOP lawmakers find more marijuana windmills to tilt at, North Carolina Cherokees become the first in the state to approve medical marijuana, and more.

National

GOP Lawmakers File Bill to Block Even Medical Marijuana Marijuana Purchases by People Getting Federal Assistance. In the latest iteration of a continuing Republican push in recent legislative sessions to block people receiving Temporary Assistance for Needy Families (TANF -- the food stamp program) funds from using them to buy marijuana, Reps. Tom Rice (R-SC) and Jackie Walorski (R-IN) filed a bill July 20 that would bar TANF recipients from using their benefit cards for medical marijuana purchases. Similar measures already bar the use of such cards casinos, strip clubs, and liquor stores. But activists say the bill unfairly targets the most vulnerable people and perpetuates marijuana stigmas. "Millions of Americans living with chronic, debilitating conditions rely on cannabis to manage their symptoms and significantly increase their quality of life. For millions of patients, cannabis IS a need,"said Queen Adesuyi, policy manager for the Drug Policy Alliance's Office of National Affairs. "Instead of introducing a bill to ensure that under-resourced individuals, including veterans, have access to cannabis' medical benefits, Representative Tom Rice chooses to exemplify how far reaching the drug war apparatus goes in surveilling and policing under-resourced people." It is woth noting that other Republican congressmembers have supported marijuana reform bills.

Senate Committee Approves Expanded Medical Marijuana Access for Veterans. The Senate Appropriations Committee in late July approved an amendment designed to ease veterans' access to medical marijuana by allowing Veterans Affairs doctors to recommend medical marijuana in states where it is legal. The measure sponsored by Sen. Jeff Merkley (D-OR) passed on a voice vote. "We have now 36 states that have medical cannabis, and our veterans want to know from their VA doctor what their thoughts are on the pros and cons or appropriate role or challenges of this particular strategy for treating a variety of issues, including PTSD," Merkley said. "I think it’s really important that we not force our veterans to be unable to discuss this issue with their doctors." The measure must still pass the Senate, and the amendment will have to survive a conference committee if it does pass the Senate.

Mississippi

Mississippi Legislature Could Hold Special Session on Medical Marijuana in August. Mississippi House Speaker Pro Tempore Jason White (R-District 48) said July 15 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.

Mississippi Lawmakers "Very, Very Close" to Deal on Medical Marijuana. Senate and House negotiators working on a medical marijuana program to replace the one approved by voters but killed by the state Supreme Court, say they are "very, very close" to having a draft bill that could prompt a special legislative session as early as this month. "I believe we have basically most of the major issues resolved,” said Sen. Kevin Blackwell (R-Southaven), who’s leading the Senate’s medical marijuana work. "… We’re very, very close." Gov. Tate Reeves (R), who has the sole authority to call a special session, has said he is willing to do, but not until the House and Senate have reached broad agreement on a proposal.

Nebraska

Nebraska Advocates Planning Multiple Medical Marijuana Initiatives. Medical marijuana advocates organized as Nebraskans for Medical Marijuana are planning several medical marijuana initiatives aimed at the 2020 ballot in a bid to avoid the fate of their 2020 initiative, which was ruled unconstitutional by the state Supreme Court because it encompassed more than one subject. The group has already drafted a constitutional amendment that says simply: "Persons in the State of Nebraska shall have the right to cannabis in all its forms for medical purposes." State Sen. Anna Wishart (D), a member of the group, said the group is considering two more initiatives that would "work in unison" to get medical marijuana legalized. One would require legislators to pass bills protecting physicians who recommend medical marijuana and their patients from criminal liability. The other would require lawmakers to pass bills protecting private companies that produce and supply medical marijuana. Once the proposed initiatives are okayed for signature gathering, activists would need 122,274 valid voter signatures for the constitutional amendment and 85,592 for the statutory initiatives. There is no deadline specified, but signatures have to be handed in at least four months before election day to qualify for the ballot that year.

North Carolina

North Carolina Compassionate Care Act Wins Another Committee Vote. The Senate Finance Committee on July 20 approved Senate Bill 711, the Compassionate Care Act, on a voice vote. Under the bill, patients with specified medical conditions, including cancer, epilepsy, and multiple sclerosis, would be allowed to use medical marijuana. The bill also sets up a system of taxed and regulated medical marijuana production and distribution. The bill now heads to the Senate Health Care Committee before moving toward a floor vote if successful there.

North Carolina Cherokees Become First in State to Approve Medical Marijuana. The Eastern Band of Cherokee Indians, who maintain a sovereign nation in western North Carolina known as the Qualla Boundary, have approved the cultivation, distribution, and use of medical marijuana on their reservation lands, becoming the first entity in the state to do so. It is not clear when the tribal medical marijuana program will actually get going, but the tribe envisions a Cannabis Control Board to handle licensing and the issuance of medical marijuana cards. People would be limited to buying one ounce per day, with no more than six ounces in one month.

 

Pennsylvania

Pennsylvania Appeals Court Rules Workers Can Sue Employers for Discrimination Over Medical Marijuana. A three-judge Superior Court panel ruled last Thursday that the state's medical marijuana law allows workers and job applicants to sue employers for discrimination for firing or refusing to hire them because of their medical marijuana use. Although the 2016 Medical Marijuana Act does not explicitly create a private right to sue, the court held that because that law did not grant any state agency the power to enforce anti-discrimination provisions, it implicitly created such a right. The ruling came in the case of Pamela Palmiter, who sought to sue Moses Taylor Hospital in Scranton for refusing to hire her after she failed a drug test for marijuana. The Pennsylvania decision is in line with a federal court decision in the state last December, and state and federal courts in Arizona, Connecticut, Delaware, and Rhode Island have also ruled that those state laws allow workers to sue for discrimination.

Puerto Rico

Puerto Rico Governor Signs into Law Bill Protecting Medical Marijuana Patients from Employment Discrimination. Gov. Pedro Pierluisi has signed into law a bill that protects medical marijuana patients from discrimination in the workplace. The bill amends the territory's existing medical marijuana law to make registered patients members of a protected class under its employment protection laws. Under the expanded law, employers may not discriminate against authorized patients of medical cannabis in the recruitment, hiring, designation, or termination process or when imposing disciplinary actions. There are exceptions, such as when "the use of medical cannabis represents a real threat of harm or danger to others or property" or when "the use of medical cannabis interferes with the employee’s performance and functions."

New Orleans Decriminalizes Weed, PA Appeals Court Rules Workers Can Sue Over MedMJ Discrimination, More... (8/6/21)

Life in the Big Easy just got a little easier, Ohio marijuana legalization activists will have to try again with that ballot summary language, and more.

The Mississippi River at New Orleans, where marijuana has just been decriminalized. (Creative Commons)
Marijuana Policy

Ohio Attorney General Rejects Ballot Language for Marijuana Legalization Initiative. A campaign to legalize marijuana in the state will have to begin again after Attorney General Dave Yost (R) rejected the first batch of signatures handed in, saying the initiative petition improperly summarized how the state's law would change. In a letter to the Coalition to Regulate Marijuana Like Alcohol, Yost said the summary failed to make the standard of a "fair and truthful statement" of what the initiative would do. Among other things, he said the text failed to explain in detail that employers did not have to employ marijuana users and that the six-plant limit does not clearly explain that it applies to both cultivating and possessing the plant. Now, the Coalition will have to redraft and resubmit summary language and then gather initial signatures again. The campaign aims to prod the legislature to pass or reject marijuana legalization, and if the legislature rejects it, the issue could then go before voters after a second round of signature gathering.

New Orleans Decriminalizes Marijuana Possession, Pardons Old Convictions. The New Orleans City Council on Thursday voted to decriminalize the possession of small amounts of marijuana and to pardon some 10,000 past convictions and pending cases. Councilmembers said the move would help the community gain trust with the police and it would allow police to focus on violent crime. Pot smoking in public is still prohibited, but will be ticketed as a smoke-free air act violation instead of a drug charge.

Medical Marijuana

Pennsylvania Appeals Court Rules Workers Can Sue Employers for Discrimination Over Medical Marijuana. A three-judge Superior Court panel ruled Thursday that the state's medical marijuana law allows workers and job applicants to sue employers for discrimination for firing or refusing to hire them because of their medical marijuana use. Although the 2016 Medical Marijuana Act does not explicitly create a private right to sue, the court held that because that law did not grant any state agency the power to enforce anti-discrimination provisions, it implicitly created such a right. The ruling came in the case of Pamela Palmiter, who sought to sue Moses Taylor Hospital in Scranton for refusing to hire her after she failed a drug test for marijuana. The Pennsylvania decision is in line with a federal court decision in the state last December, and state and federal courts in Arizona, Connecticut, Delaware, and Rhode Island have also ruled that those state laws allow workers to sue for discrimination.

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.

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