Florida Supreme Court justices were skeptical of the state's effort to keep a marijuana legalization initiative off the ballot, a Canadian Senate committee calls for an immediate psychedelic research program for veterans, and more.

People in Navolato, Sinaloa, lining up for food donations from the Sinaloa Cartel after Hurricane Norma. (X)

Florida Supreme Court Justices Voice Skepticism About State's Effort to Throw Out Marijuana Legalization Initiative. An effort by state Attorney General Ashley Moody (R) to keep the Smart & Safe Florida marijuana legalization initiative off the November 2024 ballot ran into skeptical justices as the state Supreme Court heard oral arguments on her motion Wednesday.

Justice Charles Canady said he was "baffled" by Moody's argument that the initiative's ballot summary would mislead voters because it says that marijuana would be legal in Florida, when it is illegal federally.

The initiative's ballot summary says it "does not change, or immunize violations of, federal law," Justice John Couriel noted. "C'mon," it also says 'applies to Florida law.' We can't not read the context of the whole statement."

The state also claimed that because the ballot summary says medical marijuana treatment centers and "other state licensed entities" could distribute recreational marijuana, voters might assume they are authorizing the creation of more licenses.

"The ballot summary is playing on a desire of voters to see greater competition in this marketplace," the state argued.

But Chief Justice Carlos Muñiz scoffed, asking what kind of voter would want recreational marijuana but would vote against it because they disagreed with the structure of the marketplace. The state argued that the language needs to be clear regardless.

Attorneys for the initiative noted that they had studied previous Supreme Court guidance on marijuana legalization initiatives and drafted their accordingly.

"This court has said many times that it's reluctant to strike language from the ballot," initiative attorneys argued. "If there was ever a case not to do it, it's the one where the ballot sponsor looked at this court's precedents, tried to follow them scrupulously, and even adopted the language that this court said is appropriate."

The court has until April 1 to reach its decision. If it approves the initiative, the measure will need the approval of 60 percent of voters to pass.

Asset Forfeiture

Indiana Supreme Court Rules Civil Forfeiture Defendants Have a Right to a Jury Trial. The state Supreme Court ruled unanimously last week that civil asset forfeiture defendants have the right to a jury trial.

The ruling came in the case of Alucious Kizer, from whom police seized $2,435 in cash after a traffic stop where they found drugs in his vehicle. Under state civil forfeiture law, police can seize assets if they are suspected of criminal activity. King challenged the seizure, but the state Court of Appeals ruled that he was "not entitled to trial by jury."

"The State insists that Kizer has no right to a jury trial because civil forfeitures pursuant to Indiana's drug forfeiture laws are a special statutory procedure intended exclusively for trial by the court," Justice Christopher M. Goff of the Indiana Supreme Court summarized in an opinion published October 31. "Kizer disagrees, arguing that the State's theory would effectively deprive Hoosiers of a jury trial when filing suit under any modern statutory scheme."

The court sided with Kizer. "The historical record -- consisting of statutes and judicial decisions reflecting contemporary practice -- strongly suggests that Indiana continued the common-law tradition of trial by jury in actions for the forfeiture of property," wrote Goff. The seizure of assets suspected to be used in the commission of a crime, he added, is "an essentially legal action that triggers the right" to a jury trial.

The Supreme Court returned Kizer's case to a lower court for a jury trial to determine whether he will get his $2,435 back.

"The right to a trial by jury of our peers is core to our system of justice," said Sam Gedge, a senior attorney at the Institute for Justice. "For centuries, courts across the nation have confirmed the obvious: when the government sues to forfeit your property, you're entitled to make your case to a jury."

International

Canadian Senate Committee Calls for Immediate Launch of Psychedelic Research Program to Explore Treatments for Veterans. The Senate Subcommittee on Veterans Affairs issued a report Wednesday that calls for "the immediate implementation of a robust research program" funded by Veterans Affairs Canada (VAC) and the Department of Defense, in partnership with federal health agencies, to carry out studies into the efficacy of psychedelic-assisted therapy for veterans with conditions such as post-traumatic stress disorder (PTSD).

The subcommittee was critical of VAC's current approach to psychedelic medicine, calling it a "wait and see" approach that is "ill-suited" to the moment. The agency "should be doing everything in its power to improve the health of veterans, particularly those who have exhausted all the treatment options available to them," the report said. "Research on these subjects is constantly evolving and will continue to do so. No one can predict whether progress will be spectacular or whether there will be setbacks. What we know today is that there is no reason to wait for results from other countries, because the results would still need to be confirmed for our veterans," the report says. "It is the Government of Canada's duty to assure veterans that it is doing everything in its power, immediately, to respect its solemn commitment to support, at any cost, those who chose to defend us with honour."

Sen. David Richards, chair of the subcommittee, said that the panel "heard harrowing stories from veterans who have returned home from conflict zones only to face the darkest moment of their lives." The research into psychedelic-assisted therapy is too promising to ignore," he said. "Our veterans sacrifice so much -- we must do everything we can to help them."

Mexico's Sinaloa Cartel Distributes Food to Families Affected by Hurricane in El Chapo's Hometown. After Hurricane Norma wreaked havoc along the Mexican Pacific Coast last week, men linked to the Sinaloa Cartel delivered groceries to affected families in the Sinaloa municipality of Navolato, the birthplace of imprisoned cartel leader Joaquin "El Chapo" Guzman.

Images and videos have circulated of residents standing in lines to receive bags of necessities marked on the outside with the initials JGL, alluding to Joaquín 'El Chapo' Guzman Loera. People received toilet paper, sugar, corn flour, egg and cans of tuna, among other items.

Navolato is also the home Ivan Archivaldo Guzman Salazar, El Chapo's son, who is known as El Chapito. Ivan and his brothers form the Los Chapitos faction of the Sinaloa Cartel and ran the Juarez Cartel out of town back in 2020.

A Georgia prosecutor's bid to seize a landlord's rural trailer beause a tenant got caught with meth gets thrown out of court, Colombia's president proposes buying up the coca crop, and more.

Colombian President Gustavo Petro proposes buying up the coca crop and turning it into fertilizer. (Creative Commons)

Two Fentanyl Bills Pass Senate as Part of Defense Spending Bill. The Senate approved the must-pass National Defense Authorization Act (S.2226) late last week. Because of its must-pass nature, the bill was loaded with other measures sponsors sought to get through the Congress, including a pair of fentanyl-related bills.

Sponsored by Sen. Rick Scott (R-FL), the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act (S.206) would require the Commissioner of U.S. Customs and Border Protection (CBP) to regularly update its drug interdiction guidance. Currently, many CBP policies that outline drug interdiction practices are outdated and do not provide guidance on how to handle drugs such as fentanyl. Sponsored by Sen. Tim Scott (R-SC), the Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, which would require the President to sanction drug rings involved in international drug trafficking, including suppliers in China and cartels from Mexico.

Psychedelics

California Initiative Would Fund Psychedelic Research to Tune of $5 Billion. A group calling itself TREAT California has filed a proposed initiative for the 2024 ballot that would allocate $5 billion for a new state agency that would fund and promote psychedelic research with an eye toward accelerating the progress toward federal legalization of certain psychedelics, such as psilocybin and ibogaine.

The campaign is not led by magic mushroom fans but by seasoned initiative campaigners. They want to create an agency they are calling the Treatment, Research, Education, Access and Therapies (TREAT) Institute to identify opportunities for advancing science into the therapeutic potential of psychedelics to address serious mental health conditions like depression and addiction.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed constitutional amendment says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

Meanwhile, another initiative campaign already underway seeks to put psilocybin legalization on the 2024 ballot. That campaign recently got approval from the state to begin signature gathering.

Asset Forfeiture

Georgia Prosecutor's Bid to Seize Landlord's Property over Tenant's Drug Possession Rejected. An effort by the Ogeechee Circuit District Attorney's Office to seize the property of a landlord because of her tenant's arrest for drugs has gone up in flames. The tenant of a trailer and utility shed on a small rural property had been arrested on methamphetamine possession charges in January but has never been indicted or even had her case appear before a grand jury.

But prosecutors moved to seize the property through civil asset forfeiture even though the woman arrested was not the property owner. District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord responded that she was not privy to the criminal conduct, did not consent to the criminal conduct, did not know of the criminal conduct, could not have reasonably known that criminal conduct was going to occur, and thus the property should not be forfeited. The judge in the case agreed.

"No evidence was adduced at trial that Walker was privy to Keaveny's criminal conduct, consented to or had any knowledge of criminal conduct, had any reason to believe it would or was occurring, or derived any financial benefit from the conduct," Judge Roland Thompson wrote, dismissing the seizure request.

International

Colombia President Proposes Buying up Coca Crop to Use for Industrial Purposes. With the country's rural coca economy in crisis because of years of overproduction, President Gustavo Petro has proposed buying up the crop and using it to make fertilizer. He also called for strategies to boost infrastructure development for the project.

"And that is done with research and technology and the form has already been invented. The Government proposes at the national level in the regions with the highest production of coca leaf used in another way, to set up factories to buy that coca leaf and turn it into carbonless fertilizer, decarbonized fertilizer, or if we want another word, 'biofertilizers,' Petro said. "So, I propose to SENA [the National Training Institute] to see if with the Government we can put these industrial complexes of cooperatives, indigenous peoples and neighbors, in order to use the coca leaf in a different way, which is to produce fertilizer for food in Colombia, zero carbon. That is, in the conditions that are needed in the 21st Century," he added.

A Maryland bill blocking police searches based on the odor of marijuana is on the governor's desk, a Delaware bill to end civil asset forfeiture reform is filed, and more.

Xylazine is used to accentuate the fentanyl high, but has serious side effects. (Creative Commons)

Maryland Legislature Approves Bill Blocking Police Searches Based on Marijuana Odor. With a final House concurrence vote just minutes before the legislative session ended money, lawmakers approved House Bill 1071 that bars police from using the smell or possession of marijuana alone as the basis of a search. The bill had passed the House last month, but was revised in the Senate Monday, necessitating the final House vote. Police "may not initiate a stop or a search of a person, a motor vehicle, or a vessel" based only on the smell of burnt or unburnt marijuana, the possession of a personal use amount of marijuana or the presence of money near marijuana without additional evidence of intent to distribute. The bill also lowers the fine for public pot smoking from $250 to $50. The bill now joins the broader marijuana commerce bill awaiting the signature of Gov. Wes Moore (D).

Asset Forfeiture

Delaware Civil Asset Forfeiture Reform Bill Filed. House Democrats last week filed a bill aimed at reining in asset forfeiture in the state, House Bill 115. The bill from Rep. Kim Williams (D) would require that property owners be convicted of a crime before seizure could occur. The bill would also create stricter guidelines for civil asset forfeiture and tighter legislature oversight over civil asset forfeiture revenues. In the three-year period between 2018 and 2021, the state saw more than 2,500 cases of civil asset forfeiture, including 170 where property owners were not even arrested, let alone convicted of a crime.

Drug Policy

Biden Administration Designates Fentanyl Combined with Xylazine as an Emerging Threat to US. On Wednesday, Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), has officially designated fentanyl adulterated or associated with xylazine as an emerging threat to the United States. Xylazine is a non-opioid tranquilizer approved by the Food and Drug Administration (FDA) for veterinary use but not human use. This designation comes after careful review of the impact of xylazine on the opioid crisis, including its growing role in overdose deaths in every region of the United States.

"As a physician, I am deeply troubled about the devastating impact of the fentanyl-xylazine combination, and as President Biden's drug policy advisor, I am immensely concerned about what this threat means for the Nation," said Dr. Gupta. "That's why the Biden-Harris Administration is using this designation authority for the first time since it passed Congress in 2018. By declaring xylazine combined with fentanyl as an emerging threat, we are being proactive in our approach to save lives and creating new tools for public health and public safety officials and communities across the Nation. To parents, loved ones, community leaders, and those affected by xylazine use: I want you to know that help is on the way."

But not a safe drug supply.

Arizona Governor Vetoes Fentanyl Mandatory Minimums Bill. Gov. Katie Hobbs (D) on Tuesday vetoed Senate Bill1027, which would have placed a mandatory minimum of 10 years in prison on the first offense, and 15 years on the second offense, for anyone convicted of possessing, distributing, transferring, selling, or manufacturing heroin, fentanyl, or fentanyl analogs. "Last week, I signed a bill continuing Arizona's Good Samaritan law," Hobbs wrote in her veto message. "I fear this bill, particularly Section 2, would undermine the purpose of that law. I encourage the legislature to send me a narrower bill that focuses on the manufacture of fentanyl."

That Minnesota marijuana legalization bill keeps rolling toward final passage, Colombia's president suspends a ceasefire with a rightist drug trafficking group, and more.

Taliban leader Mullah Hibatullah Akundzada announced on ban on cannabis cultivation Sunday. (CC)

Minnesota Marijuana Legalization Bill Advances Again, with Big Amendment. The House Commerce Finance and Policy Committee has approved the marijuana legalization bill, House File100, but only after members accepted an amendment that overhauls various aspects of the bill—mainly at the request of marijuana industry players. The industry is operating under a law enacted last years that allows low-THC edibles, and the amendment eliminates some of regulations in the current bill that don’t make sense in the low-dose hemp market. The Senate adopted a similar amendment last week, but there are differences that will have to be resolved in conference committee. For instance, the House bill now has a lower personal possession limit than the Senate bill and is more expansive when it comes to who qualifies as a social equity license applicant.

Opiates and Opioids

DEA Reports Widespread Threat of Fentanyl Mixed with Xylazine. The DEA is "warning the American public of a sharp increase in the trafficking of fentanyl mixed with xylazine. Xylazine, also known as "Tranq," is a powerful sedative that the U.S. Food and Drug Administration has approved for veterinary use. "Xylazine is making the deadliest drug threat our country has ever faced, fentanyl, even deadlier," said Administrator Milgram. "DEA has seized xylazine and fentanyl mixtures in 48 of 50 States. The DEA Laboratory System is reporting that in 2022 approximately 23% of fentanyl powder and 7% of fentanyl pills seized by the DEA contained xylazine." Xylazine and fentanyl drug mixtures place users at a higher risk of suffering a fatal drug poisoning. Because xylazine is not an opioid, naloxone (Narcan) does not reverse its effects. Still, experts always recommend administering naloxone if someone might be suffering a drug poisoning. People who inject drug mixtures containing xylazine also can develop severe wounds, including necrosis—the rotting of human tissue—that may lead to amputation"

.[Editor's Note: This sounds like a good argument for a "safe drug supply," or a "legal and regulated supply of drugs with mind/body altering properties, as the Canadian Association of People Who Use Drugs put it in their "Safe Supply: Concept Document."]

International

Taliban Announces Ban on Marijuana Cultivation. Taliban leader Hibatullah Akhundzada announced on Sunday issued an official order prohibition marijuana cultivation across the country. According to the UN Office on Drugs and Crime, Afghanistan is the world's second largest cannabis producer, after Morocco. The ban includes non-psychoactive hemp. "Cultivation in the whole country is completely banned and if anyone grows them, the plantation will be destroyed. The courts have also been ordered to punish the violators as per Sharia laws,"the statement reads.

Colombia President Suspends Ceasefire with Gulf Clan. President Gustavo Petro on Sunday suspended a ceasefire with the Gulf Clan, the country's biggest drug trafficking organization, after accusing it of attacking civilians. "I ordered the security forces to resume all military operations against the Gulf Clan,"he said on Twitter. "I will not allow them to keep sowing distress and terror in the communities,"Petro added. At the end of last year, Petro had declared a bilateral ceasefire with several armed drug trafficking groups, including the Gulf Clan, as well as the National Liberation Army (ELN) and FARC dissidents. It was the first step in Petro's "total peace" plan to end decades of violence through negotiation with the criminal groups. The Gulf Clan consist of former rightist paramilitaries and is estimated to control between 30 percent and 60 percent of the drugs exported from the country.

Peru Clash with Shining Path Remnants in Coca Valley Leaves Six Dead. Five Shining Path members and one army soldier were killed in a clash between the remnants of the 1980s leftist Shining Path insurgency and a military patrol in a coca-growing valley in the VRAE (Valleys of the Apurimac and Ene Rivers). The army patrol was looking for Victor Quispe Palomino, alias Comrade Jose. They didn't find him. Since the Shining Path was defeated militarily in the early 1990s, remnants of the group have remained in coca-growing areas in the VRAE where they are allied to cocaine trafficking groups.