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MA Therapeutic Psychedelic Init, CA Pot Companies Used Fake Unions, More... (7/11/23)

Oregon's most populous county backs away from a widely criticized harm reduction program, California pot companies tied to fake labor unions could lose their licenses, and more.

Massachusetts could be the next state to vote on a therapeutic psychedelics initiative. (Creative Commons)
Marijuana Policy

California Pot Companies Tied to Fake Unions Could Lose Their Licenses. In a bid to evade state law that requires marijuana businesses to sign a "labor peace" agreement with a "bona fide" labor union, at least a dozen marijuana businesses signed agreements with a bogus "labor union." Now, they stand to lose their licenses. Those businesses have not yet been named.

Who has been named is a group calling itself Professional Technical Union Local 33 (ProTech), which the state Agricultural Labor Relations Board (ALRB) last Thursday designated as "not a bona fide labor organization." A bona fide labor organization demonstrates "a sincere and good faith intent to organize and represent employees as a collective bargaining representative, including the capacity or ability to do so," the ALRB wrote in its ruling. ProTech failed "to respond to basic inquiries," such as providing information on membership and organization, suggesting "impropriety," the ALRB added.

After the ALRB ruling last week, the Department of Cannabis Control on Monday issued a bulletin warning marijuana businesses that "any labor peace agreements entered into by licensees with (ProTech) are null and void" and any "(l)icensees who have entered into a labor peace agreement with (ProTech) will be notified that they are out of compliance with licensure requirements."

The ALRB said that, according to ProTech president Joe Senense, ProTech has signed between "20 and 100" labor peace agreement with state marijuana businesses.

Psychedelics

Massachusetts Therapeutic Psychedelic Initiative In the Works. A newly formed group calling itself Massachusetts for Mental Health Options has quietly submitted initial documents to the state Office of Campaign and Political Finance in a bid to put a therapeutic psychedelic initiative on the 2024 ballot.

An organization statement the group filed last week says its purpose is to "expand mental health treatment options in Massachusetts by providing new pathways to access natural psychedelic medicine therapy." The filing adds that the initiative would focus on "creating access to natural psychedelic medicine therapy and removing criminal penalties for personal possession of these medicines."

The effort appears to be backed by New Approach PAC, which played a major role in getting psychedelic initiatives on the ballot in Colorado and Oregon in 2022. At the Psychedelic Science conference in Denver last month, David Bronner of Dr. Bronner's Magic Soaps, a major contributor to New Approach PAC, said he was supporting reform efforts in Massachusetts, as well as Arizona.

The state already has active psychedelic reform groups that have waged successful campaigns to decriminalize psychedelics is six localities, and there are murmurs that New Approach PAC needs to be consulting with them. Bronner said initiative backers are trying to do that.

"Conversations are happening in all directions to see if it is viable, and if so the policy will reflect input from all stakeholders and iterate / learn from / improve on CO, on both decrim and regulated access, within Mass's single issue constraints," he said, referring to a rule that says ballot initiatives in the state must only cover a single subject.

Those conversations need to happen quickly. The deadline to submit an initiative petition is August 3.

Harm Reduction

Oregon's Multnomah County Suspends Distribution of Drug Paraphernalia in Wake of Backlash. The county, home to Portland, has suspended a harm reduction program that handed out drug paraphernalia, such as crack pipes, tin foil, and straw following intense criticism. County Chair Jessica Vega Pederson said the health department had proceeded with the program without "proper implementation protocols."

"In that light, I am suspending the program pending further analysis," she said in a statement. "My focus has been on saving lives. We've seen overdose deaths from fentanyl increase 8-fold since 2019, from 26 deaths to 209 deaths in 2022."

The health department said it will continue to push for the program: "For the time being, our focus will be on expanding our legal analysis to deepen our confidence and assurance in the scope of our operations. Additionally, we are collaborating with the chair's office and the full board of county commissioners to establish resources and communications to support the public's understanding of the roles of harm reduction in our communities," Multnomah County Health Communications Coordinator Sarah Dean said.

The policy faced opposition from the time it was announced, with Portland Mayor Ted Wheeler calling it "deeply misguided" and saying it encourages "illegal drug use." And the county buckled under the pressure.

Ohio Legalization Initiative Hands in Signatures, Mexico Violence Flares in Morelos, More... (7/5/23)

Maryland saw a big opening weekend for legal marijuana sales, Oklahoma medical marijuana operators are suing regulators over a new fee schedule, and more.

Buckeye voters could finally vote on freeing the weed in November. (Creative Commons)
Marijuana Policy

Maryland Celebrates 4th of July Weekend with More Than $10 Million in Marijuana Sales. With legal weed going into effect on July 1, Marylanders embraced it enthusiastically over the holiday weekend, generating more than $10 million in sales over the 4th of July weekend. Adult use sales accounted for about 85 percent of that figure. Adult use sales are estimated to reach $275 million this year and $2.1 billion by 2027.

Ohio Marijuana Legalization Campaign Hands in Signatures. The Coalition to Regulate Marijuana Like Alcohol handed in more than 222,000 signatures Wednesday for its proposed marijuana legalization initiative. If the signatures are verified by state officials, legalization will appear on the November ballot.

This is the second round of signature gathering for the effort. A successful first round put the issue before the state legislature, which had four months to approve legalization but failed to do so. That provided the opening for the campaign to move to phase two: putting the issue directly before the voters -- provided they came up with enough signatures to qualify. It looks like they did: The campaign only needed 124,000 valid voter signatures and now has a cushion of 98,000 signatures. State officials will make that determination by July 20.

The initiative would legalization the possession of up to 2.5 ounces by people 21 and over, as well as allowing for the home cultivation of up to six plants, with a maximum of 12 per household. There would be a 10 percent tax on retail sales. Some licenses will be reserved for people who qualify under social equity provisions.

Medical Marijuana

Oklahoma Medical Marijuana Regulators Sued over New Fees. Several medical marijuana businesses have filed a lawsuit against the Oklahoma Medical Marijuana Authority (OMMA) over a new law that will increase fees for marijuana businesses. Legislators passed a package of bills designed to reign in the state's Wild West medical marijuana scene and eliminate "bad actors," including House Bill2179, which it broadens licensing requirements for medical marijuana dispensaries, commercial growers, and processors. In effect since last month, the bill mandated new fees ranging from $2,500 to $50,000, based on a tiered fee schedule.

Plaintiffs argue that while lawmakers aimed to weed out illegal grow operations, the new fees will only hurt legitimate businesses. "The state is hitting the good guys and it's only helping the bad guys," said plaintiff Jed Green.

The lawsuit charges that the fee increases are unconstitutional under state law because it passed with less than three-quarters majority support, which is required for any tax increases. It also notes that the bill passed during the last five days of the legislative session, even though the state constitution says revenue-related bills cannot be passed during that period.

International

Mexico's Morelos Sees Violence Flare After Anti-Cartel Vigilante Leader Killed. Morelos anti-cartel vigilante leader Hipolito Mora and two of his men were gunned down last Thursday, sparking a new round of violence in and around the city of Apatzingan, which has been embroiled in a long-running conflict between rival drug trafficking organizations, the Jalisco New Generation Cartel and the Viagras. Roads in and out of the city were blocked over the weekend as cartel gunmen pulled trucks and buses across roads. Shoot-outs also took place in and around the city, leaving at least one more person dead.

The Mexican government has tolerated Viagras control of Apatzingan as a means of keeping the Jalisco cartel out, but residents of the agricultural hub are left paying higher prices for goods than anywhere else in Mexico because Viagras extortion drives prices up. The Jalisco cartel is now battling the Viagras along the banks of river just 15 miles south of the city.

Mora was one of the last leaders of the citizens' anti-cartel armed movement that emerged in the area a decade ago. His death is likely the death knell of any hope of reviving armed civilian resistance to the cartels in the area.

Luxembourg Passes Limited Legal Weed Bill, FL Decriminalizes Fentanyl Test Strips, More... (6/29/23)

Amsterdam wants a city district to be part of a national regulated marijuana supply experiment, Florida's attorney general challenges a marijuana legalization initiative, and more.

Florida becomes the latest state to decriminalize fentanyl test strips. (Creative Commons)
Marijuana Policy

Florida Attorney General Files Challenge to Marijuana Legalization Initiative. Attorney General Ashley Moody (R) this week filed a challenge to the Smart & Safe Florida marijuana legalization initiative with the state Supreme Court, arguing that it should not appear on the November ballot.

In her brief filed with the court, Moody argued that the measure misleads voters because it fails to make plain that marijuana is and would remain illegal under federal law. Moody also told the court that although it had approved similar language in other marijuana legalization initiatives, it was wrong to do so: "In previously approving similarly worded ballot summaries, the court erred," she wrote.

The ballot summary does say that the initiative does not change federal law, but that statement is "inadequate to resolve the confusion," Moody wrote.

Supreme Court approval is the last step for the initiative before it can appear on the November ballot. If it does, it will need 60 percent of the vote to be approved.

Harm Reduction

Florida Governor Signs Fentanyl Test Strip Bill into Law. Gov. Ron DeSantis (R) has signed into law Senate Bill 164, which decriminalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Some 6,000 Floridians died of fentanyl overdoses in 2020, but a test strip decriminalization bill was defeated last year after some lawmakers said the move encouraged drug use.

International

Luxembourg Lawmakers Approve Marijuana Legalization Bill. Deputies approved limited marijuana legalization bill, Bill 8033, on Wednesday. The bill allows people to grow up to four plants at home and consume the fruits of their harvest at home. But use or possession of up to three grams outside the home can bring a fine of between 25 and 500 Euros, and offenses involving more than three grams can bring fines of up to 2500 Euros and jail terms ranging from eight days to six months.

The Pirate Party criticized the bill as "false legalization" because it does not address black market dealing.

Amsterdam Wants City District to Be Part of National Marijuana Cultivation Trial. Amsterdam has nominated the Amsterdam-Oost district to take part in a national experiment to regulate the supply of marijuana to coffeeshops, the city announced Wednesday. uring the experiment, which is expected to run for four to five years, coffeeshops will sell regulated, quality-controlled marijuana produced by selected growers.

Mayor Femke Halsema and city aldermen argued for the city to be included in the experiment because "the results of the experiment may eventually lead to changes in the tolerance policy, which may greatly affect the coffeeshops and cannabis market in Amsterdam." The city had initially been excluded from the trial because it had too many coffeeshops, but the cabinet recently decided to allow city districts to participate. With 100,000 inhabitants and 10 coffeeshops, Amsterdam-Oost now meets the qualifying conditions.

But the Ministers of Justice and Security and Health, Welfare, and Sport will have to decide whether the Amsterdam-Oost district can be included in the experiment. The other municipalities set to participate are Groningen, Almere, Arnhem, Nijmegen, Zaanstad, Hellevoetsluis, Breda, Tilburg, Maastricht and Heerlen.

DeSantis Calls for Executing Drug Smugglers, Psychedelic Poll, More... (6/27/23)

The UN drug agency's annual report says cocaine is surging and meth is expanding worldwide, Peru's drug agency reports record levels of coca leaf production, and more.

Cocaine use is surging worldwide, says UNODC. (Creative Commons)
Psychedelics

Poll Finds Majority Support for Legalizing Psychedelic Therapy, Near-Majority for Psychedelic Decriminalization. A poll from the University of California-Berkeley's Center for the Science of Psychedelics released at the Denver Psychedelic Science conference finds that 61 percent of registered voters support "creating a regulated legal framework for the therapeutic use of psychedelics" and 49 percent said they supported decriminalizing the use and possession of psychedelic plants and fungi.

The poll also found that 78 percent of respondents backed making psychedelic research easier and 56 percent said they could support a medical model where psychedelics would have to be approved by the Food & Drug Administration and prescribed by a physician.

"This is the first clear picture we have of what the American public think and feel about psychedelics," BCSP Executive Director Imran Khan said in a press release. "The Berkeley Psychedelics Survey shows that the majority of American voters are interested in, and supportive of, the field. They want fewer barriers to research for scientists, and they want regulated, therapeutic access for the public."

Drug Policy

DeSantis Calls for Executing Drug Smugglers at the Border. Seeking to out-Trump Trump with aggressive border policy positions, Florida governor and GOP presidential nomination contender Ron DeSantis called Monday for a slew of harsh measures, including a plan to use "deadly force" against people trying to come through the border wall with drugs.

He called for "rules of engagement" allowing US personnel to kill people trying to do that. He said "of course" deadly force would be justified against people carrying drugs and showing "hostile intent," but he did not specify exactly what that meant.

"If you go, if you drop a couple of these cartel operatives trying to do that, you're not going to have to worry about that anymore," DeSantis told reporters.

"If someone was breaking into your house, you would repel them with the use of force, right?" DeSantis said. "But yet if they have drugs, these backpacks, and they're going in and they're cutting through an enforced structure, we're just supposed to let 'em in? You know, I say use force to repel them. If you do that one time, they will never do that again."

International

UN Report Says Global Cocaine Market Booming, Meth Trafficking Spreading. The UN Office on Drugs and Crime (UNODC) released its annual World Drug Report 2023 Sunday and reported that cocaine demand and supply are surging worldwide and methamphetamine trafficking is expanding to new markets.

Coca bush cultivation and total cocaine production were at record highs in 2021, the most recent year for which data is available, and the global number of cocaine users, estimated at 22 million that same year, is growing steadily, the U.N. Office on Drugs and Crime said in its annual World Drug Report.

"The world is currently experiencing a prolonged surge in both supply and demand of cocaine, which is now being felt across the globe and is likely to spur the development of new markets beyond the traditional confines," the UNODC report said. "Although the global cocaine market continues to be concentrated in the Americas and in Western and Central Europe (with very high prevalence also in Australia), in relative terms it appears that the fastest growth, albeit building on very low initial levels, is occurring in developing markets found in Africa, Asia and South-Eastern Europe," it said.

While meth trafficking has been centered in two regions -- North America and East and Southeast Asia -- it is increasing in other areas such as the Middle East and West Africa. UNODC also mentioned meth production in Afghanistan, which may be a replacement for heroin production after the Taliban's opium ban.

Peru Coca Farming at Record Levels. The amount of land under coca leaf cultivation was at record levels last year after growing 18 percent over the previous year, the Peruvian anti-drug agency DEVIDA reported Monday. It said most of the increase was in protected lands and indigenous Amazon villages close to the borders with Brazil and Colombia. Altogether, 367 square miles were devoted to coca leaf production.

Cultivation has been increasing since 2015 and while coca leaf is used for traditional purposes in the country, DEVIDA said that 90 percent of the crop is destined to be turned into cocaine and fed into the global illicit drug trade. Peru vies with Colombia for the title of world's largest coca producer, with Bolivia in third place.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

FDA Issues First Guidance on Psychedelics, Fed Ban on DC Pot Sales Advances Again, More... (6/26/23)

A pair of senators file a bill to allow Mexican troops to be trained by the US military to fight drug cartels, the FDA issues its first draft guidance on psychedelics, and more.

GOP presidential contender Ron DeSantis does not want to free the weed. (florida.gov)
Marijuana Policy

Federal Ban on DC Weed Sales Advancing Again in This Congress. A Fiscal Year 2024 spending bill that includes a ban on legal marijuana sales within the District of Columbia advanced in Congress last week. The spending bill was approved last Thursday by the House Appropriations Financial Services and General Government Subcommittee. The ban on DC weed sales was included as a rider to the spending bill, a move Rep. Eleanor Holmes Norton (D-DC) denounced as "outrageous."

DC voters approved marijuana legalization in 2014, but Rep. Andy Harris (R-MD) has used riders ever since to block the District from allowing sales by barring the use of any federal funds to do so. The riders survived even when Democrats controlled the House and now, under Republican control of the House, is included in the base spending bill.

Ron DeSantis Says He Would Not Decriminalize Marijuana if Elected President. President Ron DeSantis would not decriminalize marijuana, Republican presidential candidate Ron DeSantis said at a campaign event last Thursday. DeSantis was responding to a question from a person representing wounded veterans who asked him to "please" decriminalize the plant.

"I don't think we would do that," DeSantis responded, then pointed to Florida'' medical marijuana program, saying it "actually allowed access" for veterans to use marijuana, but that it was "controversial because obviously there's some people that abuse it and are using it recreationally."

He also made familiar claims about marijuana potency and repeated unfounded assertions that marijuana is being adulterated by other drugs such as fentanyl.

Psychedelics

FDA Issues First Draft Guidance on Clinical Trials with Psychedelic Drugs. The US Food and Drug Administration last Friday published a new draft guidance to highlight fundamental considerations to researchers investigating the use of psychedelic drugs for potential treatment of medical conditions, including psychiatric or substance use disorders. This is the first FDA draft guidance that presents considerations to industry for designing clinical trials for psychedelic drugs.

There has been growing interest in the therapeutic potential of psychedelic drugs in recent years. They are being evaluated for use in the potential treatment of conditions such as depression, post-traumatic stress disorder, substance use disorders and other conditions. However, designing clinical studies to evaluate the safety and effectiveness of these compounds presents a number of unique challenges that require careful consideration.

The purpose of the draft guidance is to advise researchers on study design and other considerations as they develop medications that contain psychedelics. Within the draft guidance, the term psychedelics refers to "classic psychedelics," typically understood to be drugs such as psilocybin and lysergic acid diethylamide (LSD) that act on the brain's serotonin system, as well as "entactogens" or "empathogens" such as methylenedioxymethamphetamine (MDMA).

Foreign Policy

Cornyn, King Introduce Bill to Increase US-Mexico Military Cooperation to Combat Cartels. US Senators John Cornyn (R-TX) and Angus King (I-ME) introduced the Partnership for Advancing Regional Training and Narcotics Enforcement Response Strategies (PARTNERS) Act, which would allow the Department of Defense (DoD) to train Mexican military forces in the United States to combat cartels in Mexico.

The PARTNERS Act would create a military-to-military pilot program through the DoD to bring Mexican military forces to the US to receive tactical training that they can employ in Mexico to counter transnational criminal organizations (TCO), including cartels, weapons dealers, drug traffickers, and human smugglers.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Psychedelic Science Conference Is On in Denver, Colombia Senate Rejects Weed Legalization, More... (6/21/23)

A marijuana legalization bill is rolled out in three Australian states, Donald Trump reiterates his call for the death penalty for drug dealers, and more.

Donald Trump was talking death penalty for drug dealers again, but apparently had not thought it through. (CC/Gage Skidmore)
Psychedelics

Largest Psychedelic Conference Ever Is On In Denver This Week. This year's Psychedelic Science conference is happening this week in downtown Denver. Sponsored by the Multidisciplinary Association for Psychedelic Studies and soap maker Dr. Bronner's, it is being billed as the "largest psychedelic conference in history." Some 10,000 people are expected to attend, as well as 300 exhibitors. guests include New York Jets quarterback Aaron Rodgers, former Texas Gov. Rick Perry, musical artist Melissa Etheridge, co-founder of Whole Foods John Mackey, and National Institute of Mental Health director Joshua Gordon.

The five-day event includes dozens of panels pondering everything from the possibilities of psychedelics on mental health to new business opportunities, greater community impacts and how these substances fit into religion. Some researchers will announce results from their clinical trials.

MAPS founder and president Rick Doblin said Denver was a natural fit for the event. "Denver has been a pioneer in this whole area," he said, alluding to the city's status as the first major city to decriminalize psilocybin mushrooms in 2019 and Colorado's status as the second state (behind Oregon) to decriminalize them. "We felt mainly that the political environment and facilities were ideal."

Drug Policy

Trump Again Calls for Death Penalty for Drug Dealers, Is Reminded it Would Have Applied to Woman He Pardoned. Former president and current criminal defendant and Republican presidential candidate Donald Trump reiterated his call for the death penalty for drug dealers in an interview with Fox News anchor Bret Baier. Baier noted that the policy would have applied to Alice Johnson, who Trump granted clemency as she served a long sentence on cocaine distribution charges.

"But she'd be killed under your plan," Baier noted.

"Huh?" Trump responded.

"As a drug dealer," Baier replied.

"No, no, no. Oh, under that? It would depend on the severity," Trump added.

Trump also suggested that Johnson would not have committed her crime if the death penalty had been hanging over her.

"She wouldn't have done it, if it was death penalty," Trump said. "In other words, if it was death penalty, she wouldn't have been on that phone call."

International

Australia Sees Marijuana Legalization Bills Pushed Simultaneously in Three States. A marijuana legalization bill, the Regulation of Personal Adult Use of Cannabis Bill 2023, was introduced simultaneously in the state parliaments of New South Wales, Victoria, and Western Australia on Tuesday. It was a nationally coordinated move by the Legalize Cannabis Party.

The bill is modeled on the law in the Australian Capital Territory (Canberra), which decriminalized pot possession and allowed adults to grow up to two plants in 2020, but are a bit more expansive.

"The Bill… will allow households to grow up to six plants, for that cannabis to be (gifted and) shared, and for the trade in seeds," said Legalize Cannabis NSW MP Jeremy Buckingham. It also allows for the possession of up to 50 grams of marijuana.

The bills will not pass in any of the states without major party support, which has so far been lacking.

Colombia Senate Rejects Marijuana Legalization in Final Vote. The Senate on Tuesday defeated a marijuana legalization bill on its final vote just as the legislative session came to an end. The bill won a majority of votes cast -- 47 to 43 -- but fell short of the 54 votes needed for final passage.

Bill backers vowed to bring it back: "I don't consider this a defeat; we have taken a giant step, four years of putting such a controversial issue at the top of the public agenda, of the public debate," Liberal Party Senator Juan Carlos Losada, who presented the bill, said, adding that it would be introduced again in the next legislative session. "Continuing to leave a substance that is legal in the hands of the drug traffickers and drug dealers is detrimental to the children of Colombia and detrimental to the country's democracy," Losada said.

Colombia decriminalized the possession of up to 20 grams of marijuana and the cultivation of up to 20 plants in 1986 and legalized the use of medical marijuana more recently, but former President Alvaro Uribe put marijuana prohibition in the Constitution, which is why it needed eight debates over two years instead of the normal four. It got through seven of them this time.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Call for Clemency for Crack Cocaine Prisoners, US Citizen Arrested on Drug Charges in Moscow, More... (6/12/23)

Florida's attorney general has a couple more weeks to try to take down a marijuana legalization initiative, Jammu & Kashmir cracks down on opium cultivation, and more.

The Mexican military is under scrutiny for the apparent execution of five men in Nuevo Laredo. (Creative Commons)
Marijuana Policy

Florida Supreme Court Grants Attorney General Two-Week Extension to Submit Brief Opposing Marijuana Legalization Initiative. The state Supreme Court last Friday granted Attorney General Ashley Moody (R) a two-week extension to submit her brief opposing the marijuana legalization constitutional amendment from Smart & Safe Florida. The initiative campaign has already gathered enough valid voter signatures to qualify for the November 2024 ballot, but Moody will argue that it violates the state's constitution's single-subject rule for ballot measures.

Clemency and Pardon

Faith and Justice Organizations Urge Biden to Grant Clemency for People Sentenced Under Crack Cocaine Guidelines. Thirteen faith and justice organizations have sent a letter to President Biden urging him to grant clemency to people convicted of federal crack cocaine offenses. The signers include the American Civil Liberties Union, NAACP Legal Defense and Educational Fund, Inc. (LDF) and Drug Policy Alliance, while faith organizations include the Jewish Council for Public Affairs, the Multifaith Initiative to End Mass Incarceration and the National Council of Churches.

"It is unacceptable that we know of glaring injustices in our criminal legal system, but see little action from those with the responsibility to change the law," the organizations wrote. "[Y]ou have the power of executive clemency to grant pardons and commutations to thousands of people impacted by unjustly punitive crack cocaine sentencing guidelines."

Under the 1986 Anti-Drug Abuse Act, enacted in a moral panic after the cocaine overdose death of basketball star Len Bias, a person found with five grams of crack faced the same sentence as one found with 500 grams of powder cocaine, a 100:1 sentencing disparity, even though there is no chemical difference between the two forms of the drug. The Fair Sentencing Act of 2010 reduced the disparity to 18:1 and under President Biden's direction, and prosecutors were instructed by Attorney General Merrick Garland to not automatically charge crack and powder cocaine offenses differently.

Still, "[t]housands of people are serving out harsh, unjustifiable sentences because of the crack disparity, while thousands of others still face legal discrimination from governments, landlords, and employers because of a criminal record for a federal crack conviction."

Foreign Policy

US Musician Arrested on Drug Charges in Russia. Travis Michael Leake, a US citizen long resident in Moscow who has been involved in the music scene in the Russian capital, has been arrested on drug charges as the US and Russia face their deepest diplomatic crisis in a generation. He appeared in court Saturday on drug trafficking charges "involving young people" and will be held behind bars at least until August 6, when he faces his next court appearance.

The State Department said officials were aware of reports that a US citizen was detained in Moscow, adding that the department "has no higher priority than the safety and security of U.S. citizens abroad." The agency declined to provide further details, citing privacy considerations.

Leake becomes at least the third US national to be arrested in Russia since the Russian military invaded Ukraine in February 2022, after Wall Street Journal reporter Evan Gershkovich and WNBA star Brittney Griner. Griner was released in a prisoner swap after serving nearly a year in a Russian prison, while Gershkovich remains behind bars awaiting trial.

International

Jammu and Kashmir in Crackdown on Opium Cultivation. Law enforcement authorities have destroyed 150 acres of opium poppy crops since April 2023 as part of the government's "act tough policy" against a rising "drug menace."

"On a vast scale, we have damaged the poppy crop. Eighteen FIRs [investigative files] have been recorded thus far this year. Majority of the poppy is grown in Kulgam and other districts of south Kashmir, where our teams are constantly monitoring the situation," said Excise Commissioner Pankaj Sharma. "We are taking action as well as destroying the poppy wherever it is being cultivated to send a deterrent to people indulging in this thing."

The law enforcement agencies continue to combat the problem of illegal marijuana and opium growing at a local level. "Under the NDPS Act [drug law], we are arresting people found indulging in drug trafficking as well as cultivation of poppy," a Police official said. "Drug traffickers will be dealt with harshly, and no one will be spared. According to the NDPS Act, we will begin attaching the property of drug traffickers."

Mexican Soldiers Caught on Video Executing Five Alleged Cartel Members Will Face Military Justice, Defense Department Says. Mexico's defense department announced Saturday that 16 soldiers will face military charges in the killing of five men in the border city of Nuevo Laredo last month. They are being held in a military prison in Mexico City and face charges of violating "military discipline" in the executions, which were caught on security camera video.

The military trial is independent of any charges that could be brought by civilian prosecutors. Under Mexican law, soldiers accused of abusing civilians must be tried in civilian courts, but can also be tried in military tribunals.

"Apparently this was an execution, and that cannot be permitted," President Andrés Manuel López Obrador said Wednesday during his daily news briefing. "Those responsible are about to be turned over to the appropriate authorities. "This incident is the second mass killing of civilians by the military in Nuevo Laredo this year. On February 26, soldiers shot and killed five young men riding in a vehicle who were unarmed. Angry neighbors then attacked the soldiers, beating some of them. Federal prosecutors have filed homicide against four soldiers in that case."

House Passes HALT Fentanyl Act, CA Senate Passes Psychedelic Decriminalization Bill. More... (5/25/23)

No more pot smoking on the streets of Amsterdam's red light district, a bipartisan marijuana legalization bill gets filed in Ohio, and more.

The House responds to the fentanyl crisis with an old-school prohibitionist approach. (Creative Commons)
Marijuana Policy

Ohio Bipartisan Marijuana Legalization Bill Filed. Even as signature-gatherers are out pounding the streets for a final round of signatures to put a legalization initiative on the November ballot, a bipartisan pair of lawmakers have reintroduced their own legalization bill, the Ohio Adult Use Act. The act would legalize the possession and cultivation of marijuana by people 21 and over and would set up a system of regulated marijuana sales with a retail tax of 10 percent.

Opiates and Opioids

House Approves HALT Fentanyl Act Making Broad Classes of Fentanyl Analogues Illegal. The Republican-led House on Thursday approved HR 467, the Halt All Lethal Trafficking (HALT) of Fentanyl Act. The bill's summary says: "This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act… Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term). Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration."

The bill was strongly opposed by congressional progressives and a wide swathe of civil society organizations who worry that the Biden administration and congressional Democrats (74 House Democrats voted for the bill) are supporting crackdowns on drug users and sellers at the expense of public health efforts. The bill now goes to the Senate. The White House issued a statement saying it supports aspects of the bill such as permanent scheduling, but also wants to do more promote public safety. It has not threatened to veto the bill.

Psychedelics

California Senate Approves Bill to Decriminalize Natural Psychedelics. The state Senate on Wednesday approved Senate Bill 58, which decriminalizes the possession of "certain hallucinogenic substances," including psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline. The bill also repeals laws banning the cultivation of "spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn."

Peyote is excluded from the list of decriminalized substances because, bill author Sen. Scott Weiner (D-San Francisco) noted, the cactus is "nearly endangered" and should be reserved for spiritual use by members of the Native American Church.

The bill now heads to the Assembly. In 2021, Weiner introduced a similar bill that passed the Senate only to die without a floor vote in the Assembly.

International

Amsterdam Red Light District Street Pot Smoking Ban Goes into Effect. A municipal ban on smoking marijuana on the streets of Amsterdam's famous red light district went into effect Thursday. The area is known for its brothels, sex clubs, and cannabis cafes and attracts millions of tourists each year, but the traffic is viewed as a nuisance by many residents. The move is part of a push by Mayor Femke Halsema to "clean up" the area. People are still allowed to smoke pot in the cafes and on their terraces, but those caught smoking in the street will face 100 Euro ($110) fine.

MN Legal Pot Bill Ready for Final Votes, Singapore Hangs Another Man for Marijuana, More... (5/18/23)

A major civil and human rights group comes out against one federal fentanyl bill, bipartisan senators and representatives file another one, and more.

Fentanyl. The deadly drug continues to generate bills in Congress. (Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Ready for Final Votes This Week. House and Senate conference committee negotiators have resolved the remaining differences between the House and Senate marijuana legalization bills and ready to send the final bill to floor votes in both chambers this week. The final sticking points were on the marijuana tax rate and appropriating revenue. Negotiators agreed to the 10 percent retail sales tax in the Senate bill (the House had voted for 8 percent to be adjusted every two years) and agreed that 80 percent of marijuana revenues will go to the state and 20 percent to local governments to cover expenses related to implementing legalization.

Medical Marijuana

Nebraska Activists File Papers for 2024 Medical Marijuana Initiative. The group Nebraskans for Medical Marijuana has filed papers to mount petition drives to put a pair of medical marijuana initiatives on the 2024 ballot. One would set up the doctor/patient system, while the other would regulate the industry. Activists have been trying for eight years to get the legislature to pass a medical marijuana bill, to no avail. Last year, a signature-gathering effort for a medical marijuana initiative came up short because financial problems blocked the group from hiring professional petitioners.

"We have no choice but to keep petitioning our government," said group spokeswoman Crist Eggers. "The legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this."

Asset Forfeiture

New York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. The Senate Codes Committee on Monday approved a bill that would end civil asset forfeiture, Senate Bill 2192. Under the bill filed by Sen. Jamaal Bailey (D) forfeiture could only occur if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also address "policing for profit" by requiring that forfeiture proceeds go to the state general fund. Currently, the seizing agency gets to keep up to 60 percent of the proceeds. And the bill would opt the state out of the federal "equitable sharing" program that allows law enforcement agencies to skirt state asset forfeiture laws by handing cases off to the feds, who then return most of the money to the seizing agency. The bill now heads to the Senate Finance Committee.

Drug Policy

Bipartisan Bill Aims to Counter National Security Threat of Illicit Drug Trafficking. US Reps. Salud Carbajal (D-CA) and Stephanie Bice (R-OK) and Sens. Joni Ernst (R-IA) and Tim Kaine (D-VA) are leading a bipartisan effort directing increased federal attention to fentanyl trafficking by utilizing the tools of the Department of Defense (DoD) and involving Mexico as an active partner to combat this crisis and disrupt drug cartel and trafficking activity.

The Disrupt Fentanyl Trafficking Act of 2023 would attempt to address cross-border drug trafficking by:

  • Declaring fentanyl trafficking a national security threat stemming from drug cartels and smugglers,
  • Directing the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with foreign nations,
  • Requiring the Secretary of Defense to increase security cooperation with the Mexican military, and
  • Addressing coordination efforts between the military and federal law .enforcement agencies.

Leadership Conference on Civil and Human Rights Opposes HALT Fentanyl Act. The Leadership Conference on Civil and Human Rights on Wednesday sent a letter to the House leadership to express its "strong opposition" to H.R. 467, the HALT Fentanyl Act.

"This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a flawed class definition," the letter says. "Additionally, it imposes mandatory minimums and fails to provide an offramp for removing inert or harmless substances from the drug schedule. The class wide scheduling that this bill would impose would exacerbate pretrial detention, mass incarceration, and racial disparities in the prison system, doubling down on a fear-based, enforcement-first response to a public health challenge. Under the class wide control, any offense involving a "fentanyl-related substance" is subject to federal criminal prosecution, even if the substance in question is helpful or has no potential for abuse."

The Leadership Conference represents more than 230 national organizations.

International

Singapore Executes Marijuana Offender for Second Time in Three Weeks. For the second time in three weeks, Singapore has hung a man for trafficking marijuana. The unnamed 37-year-old Malay Singaporean was executed at dawn Wednesday at Changi Prison for trafficking about 3.3 pounds of pot. On April 26, Singapore executed Tangaraju Suppiah, 46, for trafficking 2.2 pounds of pot despite an international outcry. Under Singapore law, trafficking more than 1.1 pounds of pot can garner a death sentence. The city-state halted all executions during the coronavirus pandemic, but hanged 11 people last year -- all for drug offenses.

"If we don't come together to stop it, we fear that this killing spree will continue in the weeks and months to come," said Kokila Annamalai of the Transformative Justice Collective, which campaigns for the abolition of the death penalty in Singapore.

MN Final Legal Pot Votes Coming Soon, WA Lawmakers Compromise on Drug Possession Law, More... (5/16/23)

A Florida marijuana legalization initiative will get a state Supreme Court review, Washington's governor signs into law a bill protecting pot-smoking employees, and more.

Cops will still be able to arrest people for drug possession under a Washington state compromise. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Gets State Supreme Court Review. State Attorney General Ashley Moody (R) on Monday formally submitted the marijuana legalization initiative from Smart and Safe Florida for vetting by the state Supreme Court. Proposed initiatives need more than 222,000 valid voter signatures to qualify for review by the court, and the Smart and Safe Florida initiative has already wildly exceeded that number. The high court will determine issues such as whether the proposed ballot language is clear and whether it is limited to a single subject. When Moody filed the initiative for review Monday, she signaled that she would oppose it, writing that "the proposed amendment fails to meet the requirements" of part of state law. Opponents successfully used Supreme Court review to block two legalization initiatives in 2021.

Minnesota Lawmakers Finalize Adult-Use Legalization Language, Prepare to Send It to Governor's Desk. With the legislative session set to end this week, lawmakers have resolved differences between the legalization bills passed by the two chambers, Senate File 73 and  House File 100, and each chamber is now preparing for final floor votes, which could happen as early as Wednesday. Democratic Gov. Tim Walz will sign it into law once it reaches his desk. The final agreement sets possession limits at two ounces for flowers and allows for the home cultivation of up to eight plants, four or which can be mature. The measures also include the automatic review and expungement of certain marijuana-related offenses and sets up a system of taxed and regulated marijuana commerce. Retail sales will be taxed at 10 percent and onsite consumption will be allowed at permitted events.

Washington Governor Signs Bill Protecting Employees from Drug Testing for Marijuana. Gov. Jay Inslee (D) has signed into lawSenate Bill 5132 to lay out broad protections for employees who consume marijuana while imposing limitations on employment drug testing for marijuana. There are exemptions for exemptions for jobs that involve federal security clearances or background investigations, in law enforcement, the fire department, first responders, corrections officers, the airline or aerospace industries, or in safety-sensitive positions.

The law says: "It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person's use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids."

Drug Policy

Washington State Lawmakers Reach Deal to Keep Drug Possession a Crime. Faced with a July 1 deadline to replace the state's felony drug possession law, which was invalidated by the state Supreme Court in 2021, bipartisan legislative leaders announced Monday that they had reached a deal under which simple drug possession would be a gross misdemeanor punishable by up to six months in jail for the first two offenses and up to a year after that. Police and prosecutors, though, would be encouraged to divert cases for treatment and other social services, and the compromise includes millions of additional dollars to pay for that. Prosecutors would have the ability to ask courts to end pre-trial diversion if defendants fail to make substantial progress. The legislature is set to vote on the proposal today. Lawmakers earlier rejected efforts both to reinstate the felony drug possession charge and to decriminalize drug possession.

Rep. Roger Goodman (D-Kirkland) called it "a fair compromise that addresses urgent concerns about public disorder but follows evidence-based practices in helping people in need."

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