A push is on to get marijuana on the ballot in Ohoi next year, the UNODC warns Bolivia about synthetic drugs such as fentanyl, and more.

Marijuana Policy

Poll: Nearly Three in Four Likely Voters Support "Ending the Federal Ban" on Marijuana, Other Federal Reforms. A new poll from the progressive-leaning Data for Progress finds 74 percent of likely voters say that they "support ending the federal ban on marijuana." Eighty-five percent of Democrats, along with 74 percent of Independents and 63 percent of Republicans, endorsed repealing federal prohibition. Similar levels of support were evidenced for allowing state-legal marijuana programs "lawful access to US financial systems," not barring workers in the marijuana industry from accessing federal benefits, and not removing people from federally assisted housing in jurisdictions where marijuana is legal.

Ohio Advocates Push to Get Adult-Use Cannabis Legalization Measure on 2023 Ballot. The Coalition to Regulate Marijuana Like Alcohol has begun signature gathering to put a marijuana legalization initiative on the November 2023 ballot. The campaign now has about eight weeks to collect 130,000 valid voter signatures to qualify for the ballot. In the meantime, under a court settlement, the legislature will take up the measure in January, and i-- it fails to pass it, it will go before voters—provided the campaign has come up with the required signatures. The initiative would allow people 21 and over to possess and consume marijuana, which would come with a 10 percent sales tax.

Harm Reduction

Ohio Fentanyl Test Strip Decriminalization Bill Wins Committee Vote. A bill to try to reduce drug overdose deaths by decriminalizing the possession of fentanyl test strips, House Bill 456, won a final House committee vote Monday before heading to a House floor vote Wednesday. The bill’s sponsor, Rep. Kristin Boggs(D-Columbus)described the change as "one more avenue"to avoid overdose.  Ohio saw 5,204 people die of drug overdoses in 2020, 81 percent of them involving fentanyl. Similar legislation has been filed in the Senate.

International

UN Says Growth of Bolivian Coca Crop Slows but Warns of Synthetic Drugs. The UN Office on Drugs and Crime (UNODC) and the European Union warned Bolivia about the presence of synthetic drugs in the national market even as they acknowledged a slow-down in the increase of coca production. UNODC said coca cultivation had increased 4 percent in 2021, the lowest increase in recent years, but the Bolivian government challenged that figure, saying there had actually been a slight decrease. But fentanyl was also on the UNODC's mind: "There were seizures of synthetic drugs including fentanyl, an opioid that causes a large number of deaths in Europe. There is a national market. This is a problem for us and it will be for Bolivia", said Trolls Wester, UNODC Bolivia representative.

Three years after voters in Denver opened the door to psychedelic reform by approving a municipal initiative that made possession of psilocybin mushrooms the lowest law enforcement priority, voters statewide have approved an initiative that decriminalizes plant- and fungi-derived psychedelics and creates a program for the therapeutic administration of such substances.

On Election Day, voters approved Proposition 122, the Natural Medicine Health Act, with 53.55 percent of the vote. To win, the initiative organizers, Natural Medicine Colorado had to overcome opposition not only from prohibitionists but also from sectors of the state's contentious psychedelic community, such as Decriminalize Nature Colorado, whose competing initiative failed to qualify for the ballot.

Last week's victory makes Colorado the second state to enact reforms decriminalizing a natural psychedelic and setting up a program for therapeutic use. Oregon voters led the way on that by approving Measure 109 in 2020.

Proposition 122 has two main prongs: First, it decriminalizes the personal use, possession, and cultivation by people 21 and over of dimethyltryptamine (DMT), ibogaine, mescaline (not derived from peyote), psilocybin, and psilocyn, as well as providing for the sealing of conviction records of people who have completed sentences for the use or possession of those substances. The measure sets no personal possession limits.

Second, it creates a "natural medicine services" program for the therapeutic administration of the specified psychedelics and creates a rubric for regulated growth, distribution, and sales of those substances to entities within the program. Only psilocybin and psilocin would be okayed for therapeutic use until 2026. Then regulators could decide on whether to allow the therapeutic use of DMT, ibogaine, and mescaline.

As part of the "natural medicine services" program, Proposition 122 will also create the Natural Medicine Advisory Board to craft rules and regulations for implementing the program. The board can also make recommendations to the Department of Regulatory Agencies on adding additional substances.

With the help of more than $3.825 million in funding from the New Approach PAC, which has bankrolled numerous drug reform initiatives across the country, Natural Health Colorado zipped through signature-gathering in a quick three months and qualified for the ballot back in June.

That irked groups such as Decriminalize Colorado and the Society for Psychedelic Outreach Reform and Education (SPORE).

"I do not personally align with I-58 [Proposition 122] and the heavy out-of-state influence calling the shots in Colorado," said Melanie Rose Rodgers, co-proponent of the Decriminalize Nature initiative. "What happened with cannabis is happening with mushrooms. Folks from marginalized communities, People of Color are being left out -- once again. With all the inequality and rolling back of freedoms that exist today, let us not create new industries that will cater and serve the rich and wealthy while opening the floodgates for anyone able to buy Colorado 'healing center' licenses. I am opposed to the corporate takeover of sacred earth medicines and psychedelics written in I-58 [Proposition 122]."

"While this may sound like a good thing to people who want to see increased access to psychedelics, this initiative is designed for corporate control, largely restricting access to corporate-owned healing centers Frankly, the NMHA is not a step in the right direction. It is a leap in the wrong direction," said Matthew Duffy, cofounder of SPORE. "The NMHA is a corporate power grab, setting a corrupt foundation for the future of medicine stewardship in Colorado."

But Natural Health Colorado and its backers beg to differ, and they are emphasizing the therapeutic aspects of the measure as they bask in the glow of victory.

"This is a truly historic moment. Colorado voters saw the benefit of regulated access to natural medicines, including psilocybin, so people with PTSD, terminal illness, depression, anxiety and other mental health issues can heal," Natural Medicine Colorado said in a post-election statement. "We look forward to working with the regulatory and medical experts and other stakeholders to implement this new law."

"The Natural Medicine Health Act puts the well-being of patients and communities first," added Josh Kappel, chair of the Natural Medicine Colorado campaign. "It was purposefully designed, with a multi-phase implementation process that sets clear safety rules, while allowing the details of the regulatory structure to be developed by the community and regulators working together."

For David Bronner, CEO (Cosmic Engagement Officer) of Dr. Bronner's soaps, which endorsed the initiative, it combines two important means of access to the mind-altering substances. "I see what [Proposition 122] does as one seamless policy: making natural medicines -- psychedelic plant and fungal medicines containing psilocybin, DMT, ibogaine or mescaline (peyote) -- available to all adult Coloradans in two powerful healing modalities: via a regulated access model in a therapeutic context; and the self-regulating community healing model in a decriminalized context," Bronner said.

Now that the voters have spoken, it is time to begin ensuring that Proposition 122 in practice more resembles the vision of its proponents than its opponents.

The Treasury Department is using an executive order to go after dark web drug suppliers, the FDA is warning health care workers to watch out for an animal tranquilizer that appears to be getting into the illicit drug supply, and more.

Marijuana Policy

Wisconsin Towns and County Vote for Marijuana Legalization Referendum. The cities of Kenosha and Racine joined Milwaukee County Tuesday in voting in favor of non-binding referenda showing community support for marijuana legalization. The measure was approved by 76 percent of voter in Racine, 74 percent in Milwaukee County, and 72 percent in Kenosha. The state lacks an effective initiative process, and the Republican-controlled legislature has blocked consideration of even medical marijuana, let alone adult use marijuana.

Adulterants

FDA Warns Health Care Workers to Watch Out for Potentially Lethal Animal Sedative in Illicit Drug Supply. The Food & Drug Administration (FDA) on Tuesday issued a warning to health care workers to watch out for patients who may have been exposed to a potentially deadly animal sedative through illicit drug use. The sedative in question is xylazine, which is showing up in fentanyl, heroin, and other illicit drug supplies after being diverted from the legal animal drug supply or produced illegally, the FDA said. The drug, known as "tranq" on the street is approved as an animal tranquilizer and pain reliever, but not approved for use in humans.

"FDA is aware of increasing reports of serious side effects from individuals exposed to fentanyl, heroin, and other illicit drugs contaminated with xylazine," the agency announced in a news release. Those serious side effects can resemble those linked to opioid use, making it difficult to determine whether one is facing an opioid overdose or xylazine exposure.

Moreover, naloxone, which can reverse the effects of some opioid drug overdoses, may not have the same effect on xylazine, the agency said. FDA still advised health care workers to continue administering naloxone if they suspect an opioid overdose.

Dark Web

Treasury Sanctions Internet-based Suppliers of Illicit Fentanyl and Other Synthetic Drugs. Acting in conjunction with the governments of the Netherlands and the United Kingdom, the Treasury Department's Office of Foreign Assets Control (OFAC) designated two Dutch nationals, Alex Adrianus Martinus Peijnenburg, Martinus Pterus Henri De Koning, and one British national, Matthew Simon Grimm, and nine entities pursuant to Executive Order (E.O.) 14059 for supplying illicit fentanyl, synthetic stimulants, cannabinoids, and opioids to US markets through internet sales and a host of shell companies.

The action represents the first use of E.O. 14059 to target those involved in the sale of illicit drugs purchased online and via darknet marketplaces. "The Treasury Department will continue to deploy its counternarcotics authorities to disrupt those involved in the fentanyl global supply chain," said Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson. "Treasury is identifying over 50 virtual wallet addresses associated with this network's drug trafficking activities as we take further action to counter the abuse of virtual currency. I would like to thank our Dutch and UK partners and US law enforcement counterparts for their partnership and for enabling today's action."

Tuesday's election brought decidedly mixed results for marijuana legalization advocates with three out of five state-level campaigns going down in defeat, according to unofficial results early Wednesday morning.

Provided the results hold, Maryland and Missouri will become the 20th and 21st states to legalize marijuana, along with the District of Columbia. But Arkansas, North Dakota, and South Dakota will not be joining those ranks after voters in those three states gave legalization a thumbs down.

In Maryland, Question 4 was winning with 65.5 percent of the vote. The measure would amend the state constitution by adding an article that allows people 21 and over to use and possess marijuana and providing that the General Assembly "shall provide for the use, distribution, possession, regulation and taxation of cannabis within the state."

This is an amendment that came not from the people but from the legislature, which passed it as House Bill 1 in April. The legislature that same month also passed implementing legislation to go into effect if the measure passes. The legislation, House Bill 837, which would set legal possession limits at 1.5 ounces and allow for the home cultivation of two plants. The bill would also automatically expunge convictions for conduct that would be legal if the measure passes.

The amendment contains no language about regulation or taxation. That will be left up to the legislature.

"The result of Maryland's cannabis legalization measure is monumental," said Toi Hutchinson, President and CEO of the Marijuana Policy Project, which played a key role in building support for the measure. "With each state that successfully legalizes cannabis, we are one step closer to dismantling the federal prohibition of cannabis."

In Missouri, despite multi-sided opposition not only from the usual suspects in law enforcement and the political establishment but also from civil rights groups and marijuana industry insiders, with 89 percent of the vote counted, Amendment 3 was winning with 53.1 percent of the vote. The measure will allow people 21 and over to possess up to three ounces of marijuana and grow up to six flowering plants, as well as six immature plants and six clones.

It also provides for the automatic expungement of nonviolent marijuana-related offenses and "seeks to broaden industry participation by small business owners and among disadvantaged populations, including those with limited capital, residents of high-poverty communities, service-disabled veterans, and those previously convicted of nonviolent marijuana offenses," according to Legalize Missouri 2022, the group behind the effort.

The initiative will tax retail sales at 6 percent, with localities allowed to add a 3 percent sales tax. It also gives cities and counties the option of disallowing retail sales via a popular vote. It will also allow existing medical marijuana operations to seek recreational sales licenses beginning December 8, with regulators allowed up to 60 days to approve them, giving them an effective head-start on newcomer competitors.

The news from Arkansas and the Dakotas was grimmer. The Arkansas Adult Use Cannabis Amendment garnered only 43.8 percent of the vote, while North Dakota's Initiated Statutory Measure No. 1 managed only 45.1 percent, and South Dakota's Initiated Measure 27 came up short with only 46.6 percent of the vote.

The South Dakota defeat was especially bitter, given that just two years ago, voters there approved a broader marijuana legalization initiative with 54 percent of the vote only to see it invalidated by the state Supreme Court.

That is it for a somewhat disappointing 2022 election, but there is already one state lined up and ready to vote on marijuana legalization next year. Organizers in Oklahoma gathered enough valid voter signatures to qualify for the ballot this year, but delays in signature counting by state contractors left it unable to be certified by the official deadline for Tuesday's ballot. It will get a vote either in a special election or the next general statewide election.