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)

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.

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.

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."

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)

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.

Yet another study takes aim at the discredited "gateway theory," the Filipino president remains unrepentant and defiant over his record of drug war killings, and more.

Filipino President Rodrigo Duterte. Unrepentant to the bitter end. (Creative Commons)

(Another) Study Finds Marijuana Not a Gateway Drug. Once again, a peer-reviewed academic study has found that marijuana is not a gateway to harder drug use. The study by researchers at the University of Pittsburgh was published in the journal Health Economics and found that hospital admissions due to opioid use declined after marijuana was legalized at the state level, at least in the short term. "This isn’t trivial – a decline in opioid-related emergency department visits, even if only for six months, is a welcome public health development," said study lead author Coleman Drake, an assistant professor in the university’s department of health policy and management. The "gateway theory" that exposure to marijuana leads to the use of harder drugs has repeatedly been debunked, but still occasionally makes an appearance in the rhetoric of prohibitionists.

Arkansas Marijuana Legalization Initiative Campaign Getting Underway. A group of activists calling itself Arkansas True Grass is now gathering signatures aimed at putting a marijuana legalization initiative on the 2022 ballot. The initiative would legalize recreational marijuana and place its regulation under the authority of the state Agriculture Department. It would also expunge all prior marijuana convictions and allow for the cultivation of up to 12 plants at home. The initiative takes the form of a constitutional amendment, which raises its signature-gathering requirement from 71,321 for statutory initiatives to 89,151 for constitutional amendments. The group has until July 2022 to come up with signatures.

Harm Reduction

Maine Becomes First State to Roll Out Text Alerts When Overdoses Spike. The state has begun a pilot program that lets anyone with a cellphone receive free text messages alerting them to spikes in overdoses in their area and the possibility that a lethal batch of drugs is on the market. The Spike text program was rolled out last month and was first activated last week in Portland, when three people suffered overdoses in a 24-hour period. The program is a joint project of the state Department of Health and Human Services and the Partnership to End Addiction, a national nonprofit. Maine is the first state in the nation to roll out such a program. The move comes after the state saw 502 people die of drug-related causes last year, the most ever in the state.

International

Colombia Removes Ban on Exports of Marijuana Buds. In a bid to boost its nascent legal marijuana industry, Colombia last Friday lifted a ban on exporting dried marijuana flowers, opened the way to expand medical marijuana sales, and streamlined regulatory procedures. "This means Colombia can enter to play a big role in the international market," President Ivan Duque said after signing the decree loosening the rules, adding the new rules would allow Colombia's cannabis industry to expand into food and drinks, cosmetics and other sectors.

Philippines President Taunts International Criminal Court During Last State of the Nation Address. Filipino President Rodrigo Duterte, who proudly and publicly launched a murderous war on drug users and sellers when he took office in 2016, used the occasion of his last State of the Nation address to lash out at the International Criminal Court (ICC). The ICC has completed a preliminary investigation of human rights abuses in the Philippines drug war and has now requested an authorization to do a formal investigation, with Duterte clearly in the headlights. In his speech, Duterte dared the ICC to record his threats against those who would "destroy" the country, saying: "I never denied – and the ICC can record it – those who destroy my country, I will kill you. And those who destroy the young people of my country, I will kill you, because I love my country." Duterte said. He added that pursuing anti-drug strategies through the criminal justice system "would take you months and years" and again told police to kill drug users and dealers. The Un High Commissioner for Human Rights has tallied at least 8,663 drug killings since the start of the anti-drug campaign, but human rights groups say the number could be as high as 30,000 if killings by shadowy vigilante groups are included.