Kentucky's governor is considering exectuive action on medical marijuana as the Senate leadership says it is not interested in passing a bill this year, the Congressional Cannabis Caucus has a new Republican member, and more.

The newest member of the Congressional Cannabis Caucus, Rep. Brian Mast. (R-FL) (House.gov)

Congressional Cannabis Caucus Names New GOP Co-Chair. The Congressional Cannabis Caucus leadership announced last Friday that they have named Rep. Brian Mast (R-FL) as the caucus's fourth co-chair. He replaces Rep. Don Young (R-AK), who died in office last month. Mast is one of only three House Republicans who voted in favor of the MORE Act, which passed last week. In a statement, Mast said that the "Constitution never says ‘cannabis,’ but it does say that unenumerated powers lie with the states. "Federal cannabis policy should be based on that Constitutional principle," he said.

North Dakota Activists Begin Marijuana Legalization Initiative Campaign. New Approach North Dakota filed a marijuana legalization initiative with Secretary of State Al Jaeger (R) on Monday. The proposal would legalize possession of up to an ounce of marijuana and the cultivation of up to three plants by people 21 and over. It would also set up a taxed and regulated marijuana industry in the state. If and when Jaeger approves the measure for signature gathering, petitioners will need 15,582 valid voter signatures by July 11 to qualify for the November ballot. (They actually have a one-year signature gathering window, but if they don't get the requisite signatures by July 11, the measure would go on the 2024 ballot.) Voters turned down a 2018 marijuana legalization initiative and a 2020 effort to get on the ballot was cancelled amid the coronavirus pandemic.

Medical Marijuana.

Kentucky Senate President Says Medical Marijuana Not Likely to Pass This Year. Senate President Robert Stivers (R) said last week that medical marijuana is not on his radar when the legislature convenes for its final two days next week.The medical marijuana bill, House Bill 136, which passed the House last month,  is premature, he said, arguing instead for a medical marijuana study bill. "Every study I‘ve read said the sample sizes have been too small, the duration is too long, and therefore more study is needed, because the studies have shown it is adverse to the development of the brain for those under 25, higher likelihood of psychotic incidence if you have prolonged use, and if you smoke it, it has 50% more carcinogens than a cigarette."

Kentucky Governor Says He Will Consider Executive Action if Medical Marijuana Bill Does Not Pass. Gov. Andy Beshear (D) said late last week that if the legislature fails to pass a medical marijuana bill this year, he is ready to explore possible executive actions he could take to get medical marijuana to ailing Kentuckians. "We’re going to explore that," he said in response to a question. "It’s something that we will look at. Its time has certainly come."

Psychedelics

Maryland House Gives Initial Approval to Bill to Create Fund for Psychedelic Access for Veterans. The House of Delegates last Friday gave initial approval to Senate Bill 709, which has already passed the Senate. The bill would create a state fund to provide "cost-free" access to psychedelics such as psilocybin, MDMA, and ketamine for veterans suffering from PTSD and traumatic brain injury. The bill passed out of the House Appropriations Committee last Thursday, and if delegates do not amend it, it faces only one more vote before heading to the desk of Gov. Larry Hogan (R). 

The House approves a bill easing barriers to medical marijuana research, meet the three Democrats who voted against marijuana legalization in the House last week, and more.

Meet the Members Who Broke with Their Parties on the MORE Act Vote. Last Friday's vote on the marijuana legalizing MORE Act (HR 3617), which passed by a margin of 220 to 204, was largely along party lines, with almost all Democrats supporting it and almost all Republicans opposing it. Only two Democrats voted against legalizing marijuana: Reps. Henry Cueller of Texas and Chris Pappas of New Hampshire. Likewise, only three Republicans voted for it: Reps. Matt Gaetz and Brian Mast of Florida and Rep. Tom McClintock of California.

Delaware Marijuana Legalization Effort Revives. After seeing a comprehensive marijuana legalization, regulation, and taxation bill defeated earlier this year, bill sponsor Rep. Ed Osienski (D-Newark) is back with a two-bill plan to free the weed. House Bill 371 would simply legalize the possession of up to an ounce of marijuana and needs only a majority vote to pass. It already has 21 cosponsors, a majority in the House. House Bill 372 would tax and regulate marijuana like alcohol and needs three-fifths to pass. "I hope to hold on to the 21 co-sponsors of the legislation and pass that, and then it will put that extra pressure on some colleagues to say, ‘ok it’s legalized, to do this right we should create an industry that will provide this now,’" said Osienski. He added that even if HB 372 fails, passing HB 371 would still protect state residents from arrest.

Oklahoma Supreme Court OKs Wording of Marijuana Legalization Initiative. The state Supreme Court has found that that language in marijuana legalizing State Question 820 is "constitutionally sufficient," clearing the way for backers to proceed with their campaign. State Question 820 was challenged in court by proponents of competing initiatives State Question 818 and State Question 819, who argued that State Question 820 violated the state's one-subject rule and was imprecise in its language. But the court disagreed. The latter two initiatives would replace the existing medical marijuana regulator with a new regulatory agency and legalize and regulate marijuana, respectively.

Medical Marijuana

House Approves Bill to Ease Barriers to Medical Marijuana Research. The House passed the Medical Marijuana Research Act (HR 5657) on a vote of 343-75 Monday. All the no votes came from Republicans. The bill would streamline the process for scientists seeking to conduct medical marijuana research and mandate that the Department of Health and Human Services ensure there is an adequate supply of marijuana available for research use. Given that 37 states already allow medical marijuana use, it is in consumers' interest to further study the drug. "These actions highlight the need for increased research about safety and efficacy of the marijuana products being consumed by millions of Americans," said House Energy and Commerce Committee Chairman Frank Pallone (D-NJ).

Alabama Bill Would Require Negative Pregnancy Test to Buy Medical Marijuana. A bill that would require women between the ages of 25 and 50 to produce a negative result from a pregnancy test from a doctor or medical lab before being allowed to purchase medical marijuana is moving in the state Senate. The bill would also ban mothers who are breastfeeding from purchasing medical marijuana, although it is difficult to see how that could be enforced. Senate Bill 324 passed out of the Senate Children, Youth and Human Services Committee on a 7-2 vote last week and awaits a Senate floor vote. But National Advocates for Pregnant Women (NAPW) called the bill "blatantly unconstitutional and unprecedented," laying the groundwork for a legal challenge if the bill were to become law. "We are very concerned that this is an invasion of the privacy of Alabama women and their right to equal protection under the law," said NAPW attorney Emma Roth.

A new anti-drug reform super PAC emerges and targets a GOP congresswoman, Singapore is now set to hang a mentally disabled man on drug charges, and more.

The Biden White House moves to maintain the status quo on marijuana in its new proposed FY 2023 budget. (Creative Commons)

Biden's New Budget Keeps Ban on DC Marijuana Sales, Preserves State Medical Marijuana Protections. It's status quo on marijuana policy in President Biden's just released budget proposal for Fiscal Year 2023. His proposal would maintain the bar on allowing the District of Columbia to legalize marijuana sales, but would also maintain a separate rider that protects state-legal medical marijuana programs from federal interference. DC Rep. Eleanor Holmes Norton (D-DC) was not pleased: "I have a hard time reconciling the administration’s strong support for DC statehood, which would give DC not only voting representation in Congress but also full local self-government, with a budget that prohibits DC from spending its local funds on recreational marijuana commercialization," she said. "With Democrats controlling the White House, House and Senate, we have the best opportunity in over a decade to enact a budget that does not contain any anti-home-rule riders."

New Anti-Drug Super PAC Emerges, Targets Republican Congresswoman Who Filed Marijuana Legalization Bill. A new anti-drug super PAC, Protect Our Kids PAC, has emerged this week, announcing it is targeting US Rep. Nancy Mace (R-SC) over her support for marijuana legalization. Mace filed a bill to legalize marijuana earlier this year. "(Mace has) become the Republican face of marijuana legalization in a district and a state that has no marijuana legalization at all," said group spokesman Luke Niforatos. "She's not putting families first. She's not putting parents and kids first, and so we're just going to make sure that her primary voters know about that."  Niforatos also serves as executive vice president of Smart Approaches to Marijuana, arguably the nation's leading pot prohibitionist group. Protect Our Kids PAC will also target selected races nationwide in a bid to defeat pro-marijuana legalization candidates.

Louisiana Bill Would Bring Back Prison Time for Pot Possession—But Only for Minors. A bill that would modify the decriminalization law approved last year to allow for the imprisonment of minors caught with small amounts of marijuana, House Bill 700, is headed for a House floor vote next week. Under the decriminalization law, people caught with a half-ounce or less of marijuana face a maximum $100 fine. But the bill sponsored by Rep. Larry Bagwell (R-Stonewall) would allow minors to be jailed for up to 15 days on a first offense, up to two years for a third offense, and up to four years for a fourth offense. The bill passed out of the Committee on the Administration of Criminal Justice after being amended to provide protections for minors who are medical marijuana patients. Bagley said the bill is necessary because schools can't keep marijuana off their campuses, and that the threat of incarceration could be used as a lever to get teens into treatment.

Psychedelics

Michigan Psychedelic Legalization Initiative Begins Signature Drive. The activists behind a psychedelic legalization campaign announced Monday that after the Board of State Canvassers certified its initiative last week, signature gathering to get the measure on the November ballot is now underway. The effort is being led by the national group Decriminalize Nature, the group's state chapter, and Students for Sensible Drug Policies (SSDP). The measure would authorize the "supervision, guidance, therapeutic, harm reduction, spiritual, counseling, and related supportive services with or without remuneration." It also reduces penalties for possessing other Schedule I and II drugs. To qualify the measure for the November ballot, activists will need to turn in 340,047 valid signatures from registered voters by June 1.

International

Singapore Set to Hang Malaysian Man with Mental Disability on Drug Charges After Last Appeal Fails. A Malaysian man with mental disabilities who has been on death row on drug charges in Singapore since 2010 is now set to be hanged after his last legal appeal was rejected. Nagaenthran K. Dharmalingam got caught trying to smuggle less 1.5 ounces of heroin into Singapore. At an earlier court hearing, his IQ was revealed to be 69 — a level internationally recognized as an intellectual disability, but the court ruled Nagaenthran knew what he was doing by violating Singapore's harsh anti-drug laws. It called his final appeal "an abuse of process and that international law does not apply." The British rights group Reprieve is mounting a last-ditch pressure campaign to get a pardon from President Halimah Yacob. "The Singaporean government has made clear its commitment to champion the rights of persons with disabilities. Allowing this travesty of justice to take place would fly in the face of those promises," Reprieve director Maya Foa said.

Medical marijuana bills advance in Georgia and Kentucky, Honduras' former "narcopresidente" is a step closer to being extradited to the United States on drug charges, and more. 

Fomer Honduran President Juan Orlando Hernandez can be extradited to face US drug charges, a court there ruled. (CC)

Rhode Island Governor Has "Concerns" About Marijuana Legalization Bill's Cannabis Control Commission. Gov. Dan McKee (D) has "significant constitutional concerns" with Senate Bill 2430, the marijuana legalization bill backed by House and Senate leadership. The concerns are around the proposed three-member cannabis control commission's members are to be appointed—and removed if necessary. The governor's office argues that the bill would give the Senate "unfettered discretion" on whether to remove a commissioner, which is says is a violation of the separation of powers. But one of the key sponsors of the bill, which was crafted after long deliberation, Sen. Joshua Miller (D-Cranston), said the governor's objection is not an insurmountable obstacle. "It’s not a big impediment," said Miller. "It’s solvable." 

Medical Marijuana

Georgia House, Senate Pass Separate Medical Marijuana Bills. The House approved a bill to revamp the state's dysfunctional medical marijuana system, House Bill 1425 on Tuesday. The bill would allow the provision of low-THC cannabis oil "from any available legal source" by August 1 and begin providing it to patients now on the state registry by August 15. The state had passed a low-THC cannabis oil law in 2015, but legal challenges have left Georgians without any legal supply. The Senate, meanwhile, approved its own medical marijuana bill, Senate Bill 609, which would require the medical cannabis commission to issue its initial licenses by May 31. Tuesday was the last day for bills to pass their original chamber, so both bills remain alive.

Kentucky House Approves Medical Marijuana Bill. The House on Thursday approved House Bill 136, which would legalize medical marijuana in the state. The legislation now heads to the Senate. This is the third try for bill sponsor Rep. Jason Nemes (R), who got a similar bill through the House in 2020 only to see in die in the Senate and whose 2021 effort got nowhere in the midst of the pandemic. The bill now heads to the Senate, where Senate Judiciary Chairman Whitney Westerfield (R) says he will back it despite personal reservations.

Psychedelics

California Psilocybin Legalization Initiative Falls Short on Signatures. Decriminalize California, the group behind a psilocybin legalization initiative campaign, announced Wednesday that it had failed to gather enough valid voter signatures to qualify for the November ballot. The all-volunteer effort faltered during the winter outbreak of the omicron variant of the coronavirus. "We were doing great there collecting and then in mid-December just about everyone of our core volunteers got COVID and most of the events we were scheduled at either closed, postponed or had an extremely weak turnout," campaign manager Ryan Munevar said in an email to supporters. The group will now do fundraising in coming months to determine whether it is feasible to start a second effort in either June or October of next year for 2024.

International

At Urging of US, CND Acts Against Precursor Chemical Used to Produce Illicit Fentanyl. The UN Commission on Narcotic Drugs (CND) voted Friday to control three chemicals used by drug traffickers to produce illicit fentanyl, a powerful synthetic opioid that is driving overdose deaths in the United States. At the request of the United States, and with the recommendation of the International Narcotics Control Board, the Commission’s Member States voted unanimously to take international action and control the acquisition, production, and export of three precursors used to manufacture illicit fentanyl and its analogues. "President Biden has made clear that ending the overdose epidemic is a top priority. As part of the Administration’s efforts to reduce the supply of illicit fentanyl driving overdose deaths, the United States called on the global community to regulate three chemicals commonly used to produce it, and today that call was answered," said Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONDCP). "This new action makes it more difficult for drug traffickers to obtain and use these chemicals for illicit purposes. It will also help disrupt synthetic drug trafficking that not only leads to deaths caused by overdose, but also corruption, drug-related violence, and insecurity. The collective work of the international community to address global drug-related challenges has never been more important. The Biden-Harris Administration is committed to building on today’s progress."

Honduran Judge Okays Extradition of Former President to Face US Drug Charges. A judge in Honduras has ruled the former President Juan Orlando Hernandez can be extradited to the United States to face drug charges. Hernandez was president from 2014 until last month, after he lost an election, and was considered a US ally even though federal prosecutors alleged he was involved in drug trafficking throughout his presidency. He was detained last month by the new government at the request of the US. The "narcopresidente" has until Saturday to appeal the Wednesday ruling, after which he could be extradited. Meanwhile, he remains in prison in Honduras.

War Deepens Suffering for Ukraine's Drug Users. Drug users in the country are facing shortages of methadone and street drugs as the Russian military campaign in the country disrupts daily life. "Today, I went around five pharmacies where I used to get methadone on prescription. None were open. Another place was open today, but there was a queue of at least 200 people and I didn’t want to go into withdrawal right there, and so I went home," one drug user said. In the city of Kyiv, there were 45 fee-based centers serving opioid-dependent patients each; now they are all closed after the doctors evacuated. Similar clinics in the Crimean Peninsula were shut down when Russian forces took over in 2014; since then, of approximately 800 Crimean methadone patients, at least 80 have killed themselves, died of fatal overdoes, or died of other narcotic causes.