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CA Psychedelic Decriminalization Bill Filed, NJ Marijuana Mess Continues, More... (2/18/21)

A Minnesota marijuana legalization bill moves, Wisconsin's governor calls for legal marijuana, the South Dakota House quashes telehealth for medical marijuana patients, and more.

(Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins First Committee Vote. The House Commerce Finance and Policy Committee voted 10-7 Wednesday to approve a marijuana legalization bill, House File 600. The bill advanced on a partisan vote, with all Republicans opposed. Republicans control the state Senate, making the bill's prospects cloudy.

New Jersey Marijuana Legalization Standoff. Efforts to advance marijuana legalization implementation legislation remained stymied Thursday after a Senate Judiciary Committee vote on a "cleanup" bill was cancelled for the second day in a row. Legislators and Gov. Phil Murphy (D) remain at loggerheads over how to handle underage marijuana possession. Now, Murphy will likely have to decide whether to approve two pending bills or veto them, which would contradict his campaign promise to legalize marijuana, as well as contradicting the will of the voters, who approved it in a referendum in November. "The governor has two bills on his desk that he has articulated problems with, and it doesn't appear that the Legislature is going to solve those problems," said Bill Caruso, an attorney and founding member of New Jersey United for Marijuana Reform. The governor's deadline to act is noon Friday, although that could be pushed back to Monday.

Wisconsin Governor's Budget Plan Calls for Marijuana Legalization. Gov. Tony Evers (D) on Tuesday released a budget plan that includes legalizing both medical and recreational marijuana. The move comes despite strong resistance in the Republican-controlled state legislature. "The Governor believes it is time to join other states, including two of our neighbors, who have legalized recreational marijuana," an explanatory document from his office said. The proposal would allow adults to possess up to two ounces and grow up to six plants at home.

Medical Marijuana

South Dakota House Votes to Deny Telehealth for Medical Marijuana. The House voted 38-30 on Wednesday to defeat House Bill 1147, which would have allowed medical marijuana patients to use telehealth to consult with practitioners in order to obtain recommendations. One Republican opponent called the idea "premature," while another called it "not ready for prime time." South Dakota okayed medical marijuana with 69% of the vote in November.

Psychedelics

California Psychedelic Decriminalization Bill Filed. State Sen. Scott Weiner (D-San Francisco) filed Senate Bill 519, which would decriminalize the use and possession of psychedelic drugs in the state. "People should not be going to jail for possessing or using drugs," Wiener said. "It's a health issue, not a criminal issue, and I hope that we get all the way there." The bill would also expunge criminal records for people convicted of psychedelic possession offenses and create a task force to address regulatory issues.

Asset Forfeiture

South Dakota Bill Would Limit Asset Forfeiture in Drug Cases. The Senate Judiciary Committee voted Wednesday to approve Senate Bill 164, which would bar asset forfeiture in drug cases where the amount of the drug in question was no more than a personal use amount. The bill would originally have banned asset forfeiture without a criminal conviction but was amended in committee to strip out that section. Under the bill, it would take at least half a pound of marijuana to trigger asset forfeiture. The bill now heads for a Senate floor vote.

Harm Reduction

Arizona Senate Committee Approves Legalizing Drug Testing Strips. The Senate Health and Human Services Committee has approved Senate Bill 1486, which would legalize the use of test strips that can detect the presence of fentanyl, an extremely potent opioid which accounts for a majority overdose deaths in the US, mostly by people who didn't know they were taking it. The test strips are currently considered illegal drug paraphernalia. The bill now heads for a Senate floor vote.

Lawmakers Urge Biden to Allow Buprenorphine Expansion, Honduran President Target of US Drug Investigation, More... (2/9/21)

A major new marijuana reform coalition has formed, a Hawaii asset forfeiture reform bill advances, so does an Idaho medical marijuana bill, and more.

buprenorphine (Pixabay)
Marijuana Policy

Major Marijuana Coalition Forms to Coordinate Legalization Push, But Some Key Advocacy Players Are Not Involved. A bunch of industry and advocacy groups have formed a new coalition, the United States Cannabis Council, to press forward on marijuana legalization. But while the group is headed by Marijuana Policy Project executive director Steven Hawkins on an interim basis, it does not include major advocacy groups such as NORML and the Drug Policy Alliance. It does include marijuana enterprises such as Acreage Holdings, Canopy Growth, Columbia Care, Cronos Group, Curaleaf, Eaze, iAnthus Capital Holdings, LivWell Enlightened Health, MedMen, PAX Labs, Schwazze, Scotts Miracle-Gro Company and Vireo.

Medical Marijuana

Idaho Medical Marijuana Bill Wins Committee Vote. A bill that would legalize medical marijuana in the state won a vote in the House Health and Welfare Committee Monday. Although sponsored by the committee, the bill was actually written by Sgt. Jeremy Kitzhaber, a US Air Force veteran with terminal cancer, who testified before the vote Monday. "I'm here to talk with you about my desire for medical cannabis to be legalized here in Idaho, with specific limitations and controls," Kitzhaber said. "I've spent years writing and editing this legislation, to make it something that would allow medical cannabis to reach those who need it, but not necessarily reach those who just want it."

Asset Forfeiture

Hawaii Senate Advances Asset Forfeiture Reform Measure. The state Senate has approved Senate Bill 294, which would end civil asset forfeiture by requiring a conviction on a felony count before seized property could be sold or otherwise disposed of. The bill would also direct proceeds from the sale of seized property to the state's general fund instead of a fund controlled by law enforcement. Gov. David Ige (D) vetoed a similar bill in 2019, citing concerns it would hinder law enforcement.

Drug Testing

Illinois Bill Would Require Drug Screening to Receive Food Stamps. A downstate Republican, Rep. Blaine Wilhour, filed HB 658 last Friday. The bill would require recipients of the Supplemental Nutrition Assistance Program (SNAP) to undergo a drug screening upon being approved for benefits. The bill would also require them to agree to random drug screening while they are receiving the benefits. The bill has not yet been referred to a committee.

Drug Treatment

Lawmakers Urge Biden to Back Buprenorphine Expansion. A group of lawmakers led by led by Sens. Maggie Hassan (D-NH) and Lisa Murkowski (R-AK) and joined by four members in the House is calling on President Biden to allow more doctors to prescribe buprenorphine, a drug used for the treatment of opioid addiction. The Trump administration had loosened rules for buprenorphine prescribing, but in an early move, the Biden administration reversed that move, saying it was premature. The lawmakers are now reintroducing legislation to eliminate restrictive rules and are calling on Biden to "deliver on your promise to expand access to medication-assisted treatment."

Foreign Policy

US Prosecutors Are Investigating the Honduran President on Drug Trafficking Charges. In new court filing last Friday in the case of an indicted Honduran drug trafficker, federal prosecutors in the Southern District of New York said that Honduran President Juan Orlando Hernandez and other "high-ranking officials" were targets of a drug trafficking investigation. In another filing last month, prosecutors said that by 2013 Hernandez had "accepted millions of dollars in drug trafficking proceeds" and in return had "promised drug traffickers from prosecutors, law enforcement, and extradition to the United States." Hernandez has been a key US ally in the region.

NJ Governor Signs Bill to Reduce Psilocybin Penalties, VA Drug Decrim Bill Killed, More... (2/8/21)

New Jersey reduces penalties for possession of psychedelic mushrooms, an Idaho medical marijuana bil lis filed, a Minnesota asset forfeiture reform bill advances, and more.

psilocybin molecule (Creative Commons)
Marijuana Policy

New Jersey Deadline for Marijuana Legalization Legislation Extended. Assembly Speaker Craig Coughlin (D) last Friday bumped back a procedural deadline for gubernatorial action on two already-passed marijuana legalization implementation and decriminalization measures from Monday to February 18. Governor Phil Murphy (D) and legislative leaders are making progress on changes to those bills to address concerns raised by the governor.

South Dakota Bill to Ban Smoking Marijuana in a Motor Vehicle Gets Hearing. A bill that would ban smoking marijuana in a motor vehicle got a hearing Monday. The bill, House Bill 1061, is a response to the voter-approved marijuana legalization initiative that passed in November.

Wisconsin Governor Proposes Legalizing Marijuana. Governor Tony Evers (D) announced Sunday that he is proposing that the state legalize marijuana. Evers' plan would allow people 21 and over to possess up to two ounces and grow up to six plants, as well as set up a system of taxed and regulated marijuana commerce. Medical marijuana would be available for people 18 and over.

Medical Marijuana

Idaho Medical Marijuana Bill Filed. The House Health and Welfare Committee has filed a bill to allow for medical marijuana in the state. In a hearing Friday, witnesses including a prominent medical oncologist urged support for the legislation. No action was taken.

Pennsylvania Marijuana Workers Can't Unionize, NLRB Rules. The National Labor Relations Board (NLRB) has squashed an attempt to unionize workers at a medical marijuana facility near Philadelphia. Workers at the AgriKind growing operation cannot be unionized because they are agricultural workers, the NLRB held. Agricultural and farm workers are usually considered to be exempt from federal labor law. The NLRB has ruled in favor of unionizing marijuana workers if their work includes packaging or delivering marijuana.

Psychedelics

New Jersey Governor Signs Bill to Reduce Penalties for Psilocybin Possession. Governor Phil Murphy (D) has signed into law A 5084 / S 3256, which reduces the penalty for people caught with small amounts of psilocybin from up to five years in state prison to a maximum of six months in jail and a $1,000 fine. Sen. Nicholas Scutari (D), who first introduced the mushroom amendment, said Thursday the change mushrooms are still illegal in New Jersey, "but it's not going to ruin lives for a first offense."

Asset Forfeiture

Minnesota Asset Forfeiture Reform Bill Advances. A bill that would limit cash seizures to amounts greater $1,500 unless drug trafficking is alleged and bar the seizure of vehicles except for repeat drunk driving offenders or vehicles used for drug trafficking -- not possession -- passed the House last Friday. HF 75 passed the House Judiciary Finance and Civil Law Committee and will now be considered by the House State Government Finance and Elections Committee.

Sentencing

Virginia Drug Defelonization Bill Killed in Committee. A bill that would have eliminated felony drug possession charges and shift the focus toward drug treatment instead of punishment, House Bill 2303, was defeated in the Committee on Courts and Justice last Friday.

Federal Appeals Court Rules Safe Injection Sites Illegal, Most Think Marijuana Is Safer than Alcohol, More... (1/13/21)

A federal appeals court has put the kibosh on a proposed Philadelphia safe injection site, a Michigan prosecutors says no more magic mushrooms prosecutions, and more.

Preparing to inject at the Vancouver safe injection site. A federal appeals court rules we can't do that here. (vcha.ca)
Marijuana Policy

New Survey Finds Majority of Americans View Marijuana as Less Dangerous Than Alcohol. Survey data published in the journal Addictive Behavior finds that a majority of Americans believe marijuana has less potential for abuse than either alcohol or prescription drugs. "This study found that more than half of respondents perceived CBD, THC, hemp, and marijuana as having medical use," the authors wrote. "They also perceived the potential for abuse of CBD, THC, hemp, and marijuana as significantly less than potential for abuse of commonly prescribed anti-anxiety and pain medications." As for alcohol: "A majority of the public perceives THC and marijuana as grouped together with prescription medications rather than with illicit substances and as having more medical value and less abuse potential than alcohol," the researchers wrote.

Psychedelics

Michigan Prosecutor Will No Longer Try Cases Involving Marijuana, Magic Mushrooms, Other Entheogens. New Washtenaw County (Ann Arbor) prosecutor Eli Savit on Tuesday unveiled two policy directives explaining that he will do longer prosecute criminal cases involving the possession of marijuana, magic mushrooms, and other entheogens. Savit pointed to the disproportionate consequences for people of color as being a factor in his decision, and he also cited the medical benefits of both marijuana and natural psychedelics. He also clarified that cultivation of magic mushrooms for personal use will not be prosecuted.

Asset Forfeiture

South Carolina Supreme Court to Hear Asset Forfeiture Appeal on Wednesday. The state Supreme Court will hear a case challenging the constitutionality of civil asset forfeiture. Last year, a lower court ruled the practice unconstitutional, but prosecutors quickly appealed. Now, the Institute for Justice, a leading national advocate of ending civil asset forfeiture, is on the case. "Tomorrow, the court has an opportunity to put an end to civil forfeiture once and for all," said Institute for Justice Senior Attorney Robert Frommer, who will argue the case. "Lower courts have rightly found that civil forfeiture is unconstitutional, and we're confident that the state supreme court will agree."

Harm Reduction

Third Circuit Court of Appeals Rules Safe Injection Sites Violate Federal Law. The Third Circuit ruled Tuesday that it is a federal crime to open a supervised injection site or "consumption room" for illegal drug use. Local nonprofit Safehouse planned to open the nation's first such consumption room in the City of Philadelphia, where individuals would be invited to inject heroin and use other drugs under supervision. But the Third Circuit ruled that doing so "will break the law" because Safehouse knows and intends that visitors to its consumption room will have a significant purpose of using illegal drugs. In agreeing with the government's interpretation of the Controlled Substances Act, the Court explained that, "[t]hough the opioid crisis may call for innovative solutions, local innovations may not break federal law."

International

Mexico Publishes Regulations for Medical Marijuana. The Mexican government on Tuesday published the regulations for medical marijuana supply in the country. The move comes three years after the country passed a law permitting the use of medical marijuana. Under the regulations, there will be space to research marijuana's medical applications and for the development of marijuana-based pharmaceuticals.

DC Decriminalizes Drug Paraphernalia; Pot Possession, Cultivation Now Legal in MT, More... (1/4/21)

Illinois has expunged nearly half a million marijuana arrests years ahead of schedule, a New Mexico court rules that people under correctional control can use medical marijuana, and more.

Drug parapernalia is now decriminalized in the District of Columbia. (Creeative Commons)
Marijuana Policy

Illinois Expunges Nearly Half a Million Marijuana Arrest Records Four Years Ahead of Schedule. State officials announced last Thursday that state police had expunged some 492,129 marijuana possession arrest records, four years ahead of a deadline set by the Cannabis Regulation and Tax Act, which legalized marijuana in the state. Governor J.B. Pritzker also announce another 9,219 pardons for marijuana possession, bringing the total number of pot pardon's he has issued to 20,000. "Statewide, Illinoisans hold hundreds of thousands low-level cannabis-related records, a burden disproportionately shouldered by communities of color," Pritzker said. "We will never be able to fully remedy the depth of that damage. But we can govern with the courage to admit the mistakes of our past—and the decency to set a better path forward."

Montana Marijuana Legalization Now in Effect. As of New Year's Day, the marijuana-legalizing Initiative 190 has gone into effect. It is now legal for adults 21 and over to use and possess up to an ounce of marijuana and grow up to four plants for personal use. The state is now working on setting up a system of licensed, taxed, and regulated marijuana commerce.

Medical Marijuana

New Mexico Court Rules Inmates Can Have Access to Medical Marijuana. A district court judge in Albuquerque ruled last week that inmates at the Bernalillo County Metropolitan Detention Center who are qualifying medical marijuana patients can use the substance while under correctional control. It is unclear whether other state and local jails would voluntarily comply with the ruling, but it has set a precedent for other state courts. The ruling came in the case of man serving a 90-day house arrest sentence.

Asset Forfeiture

Institute for Justice Issues New Edition of Asset Forfeiture Report. The libertarian-leaning Institute for Justice has released the third edition of its report on asset forfeiture laws in the states, "Policing for Profit." The report details each state's laws around civil asset forfeiture. The Institute handed out only one "A" grade in this edition. That went to New Mexico, which banned civil asset forfeiture in 2015.

Paraphernalia

Washington, DC, Decriminalizes the Possession of Drug Paraphernalia. Mayor Muriel Bowser (D) has signed into law B54, the Opioid Overdose Prevention Act of 2019. The bill decriminalizes the possession of drug paraphernalia and will also allow harm reduction and community groups to distribute harm reduction supplies that were previously criminalized under DC law.

International

Colombia Says It Manually Eradicated the Most Coca in a Decade. Defense Minister Carlos Holmes Trujillo announced last week that Colombia had eradicated 325,000 acres of coca crops, the highest figure in a decade. Eradicators had uprooted about 240,000 acres in 2019 and 150,000 acres in 2018. "These 130,000 hectares eradicated translate into an affectation of about US$301 million to drug trafficking organizations, if the average price of a hectare of coca is taken as a reference, and represents about 115,440 kilos of cocaine that were no longer produced," Trujillo said as he watched an eradication operation in the company of US Ambassador Phillip Goldberg. The Trump administration has pressed Colombia to do more to reduce coca cultivation and cocaine production.

Drugs and the Year from Hell: The Top Ten Domestic Drug Policy Stories of 2020 [FEATURE]

What a year! Pandemic, civic unrest, national elections -- 2020 has been a year of tumult that can't be done with soon enough. But when it comes to drug policy, it wasn't all bad; in fact, a lot of it was pretty darned good. Some of it however was quite tragic Here's our year-end round up of the biggest drug policy stories of the year.

Update: The 2020 top ten list now goes to eleven, with Congress removing the drug conviction question from the federal financial aid for college form. See below.

The Pandemic

Just as it has infiltrated just about every aspect of American life, the coronavirus pandemic has been felt in the world of drugs and drug policy. Social distancing requirements early in the pandemic, precisely at the time drug reform initiative campaigns were typically in the midst of signature-gathering drives proved particularly lethal to marijuana legalization efforts in the Heartland as initiative campaigns in Arkansas, Missouri, Nebraska, North Dakota, and Oklahoma all succumbed. It also helped fell a Washington state drug decriminalization campaign, with organizers there opting instead to go the legislative route.

It has also infiltrated jails and prisons. One in five prisoners in the US has had COVID-19, according to The Marshall Project. 1,700 of them have died from it. Prison wardens have worsened the situation by blocking congressionally legislated compassionate releases for prisoners. Second waves are now hitting the nation's penal institutions. And most vaccinations in the prisons have been for staff, not prisoners. With drugs directly accounting for about one-in-four prisoners, COVID-19 in the prisons is partly a drug war story.

Amidst the layoffs, shutdowns, and social distancing imposed by the pandemic, drug use jumped. In July, the specialty laboratory Millennium Health reported that its analysis of more than half a million urine drug test results and found large increases in the use of four illicit drugs during the coronavirus pandemic. The lab found a 32.0% increase for non-prescribed fentanyl over the same period last year, a 20.0% increase for methamphetamine, a 10.1% increase for cocaine, and a 12.5% increase for heroin.

In September, a study published in the American Medical Association's JAMA Network found that drug test positivity rates for cocaine, fentanyl, heroin and methamphetamine ha increased nationwide during the pandemic. That same month, in a new study, Millennium Health reported that urine samples from across the US came back positive at a rate 20% higher in the early weeks of the pandemic compared to the same period before the pandemic began ratcheting up in early March. The pandemic almost certainly also has had an impact on fatal drug overdoses (see below).

One of the most striking impacts of the pandemic has been on policing. Early on, big cities began to forego drug arrests and prosecutions as a discretionary luxury they could no longer afford as they struggled with the coronavirus. In Philadelphia, Baltimore, and Chicago, police or prosecutors announced they would not arrest or would not prosecute small-time drug possession cases. In March, prosecutors from more than 30 cities, including Baltimore, New York, San Francisco, and St. Louis signed on to an open letter urging local governments to make change in the face of COVID-19. They called for police to adopt "cite and release policies for offenses which pose no immediate physical threat to the community, including simple possession of controlled substances." They also called for the release of people being held solely because they can't come up with cash bail and for reducing jail and prison populations "to promote the health safety, staff, those incarcerated, and visitors." These were not intended as permanent moves, but perhaps politicians, police and prosecutors will take the opportunity to break their addiction to punishing drug users and sellers by going cold turkey amidst the pandemic. That would be a silver lining to the current crisis.

Advocates for marijuana legalization folded the pandemic into their arguments for ending federal marijuana prohibition. More than 30 state attorneys general cited the pandemic in calling for Congress to pass the Secure and Fair Enforcement (SAFE) Banking Act, which would allow state-legal marijuana businesses to gain access to banking and financial services. The House HEROES Act coronavirus relief bill, passed in May, included a handful of criminal justice and drug policy reforms, mostly aimed at reducing the prison population during the pandemic, but also included that marijuana banking language.

COVID was also cited as making it even more imperative to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3884). Over the summer, as the pandemic simmered, a coalition of justice and drug reform groups called on Congress to pass the bill, arguing that legalization was especially urgent in the context of the coronavirus pandemic and nationwide protests over police brutality. Given the current situation, "marijuana reform as a modest first step at chipping away at the war on drugs is more relevant and more pressing than ever before," they wrote in a letter to Congress.

That was followed by an even broader assemblage of 125 religious, human rights, and drug reform groups calling for passage of the bill. "[T]he circumstances of 2020 have made the failed War on Drugs even more untenable and amplified the voices of those demanding transformation in our criminal legal system. In the face of the evolving COVID-19 pandemic and a growing national dialogue on unjust law enforcement practices, marijuana reform as a modest first step at chipping away at the War on Drugs is more relevant and more pressing than ever before. The MORE Act remains the most effective and equitable way forward," the groups said. The MORE Act passed in December.

The Long, Hot Summer Uprising Against Police Violence and Racism

It all started with that horrid video of George Floyd dying under the knee of a Minneapolis police officer over an alleged miniscule offense, but as people took to the streets all over the country, the name Breonna Taylor also loomed large. The totally innocent 26-year-old black EMT was gunned down by Louisville police in a misbegotten "no-knock" drug raid (it might be more accurate to call them "home invasion raids") in March, and her killing not only powered months of street demonstrations in her hometown, it also engendered howls of outrage and promises of reform from politicians around the land. And it brought heightened scrutiny to business as usual in the war on drugs.

As the streets overflowed in May, nearly four dozen members of Congress called for an independent investigation of the raid, calling Taylor's death "an unspeakable tragedy that requires immediate answers and accountability." That was followed by a bevy of bills in Congress, including the Justice in Policing Act, which would ban no-knock warrants in federal drug cases. House Democrats pushed the bill through in three weeks in June. Republicans in the Senate responded with Sen. Tim Scott's Justice Act, which wouldn't ban no-knock raids, but would increase federal reporting requirements for no-knock raids and use of force. But the GOP bill never moved in Sen. Mitch McConnell's Senate. As with so many measures passed by the House, McConnell's domain was where a congressional response to the crisis went to die.

But some states and localities actually enacted laws or ordinances aimed at reining in no-knocks. The Louisville Metro Council banned no-knock search warrants by unanimously passing "Breonna's Law" in June. Other cities, including Indianapolis, Memphis, Minneapolis, San Antonio and Santa Fe moved to either restrict or ban no-knocks. And while several states saw efforts to ban no-knocks, the only state where it's come to fruition so far is Virginia, where Gov. Ralph Northam (D) signed into law House Bill 5099, which bars police from breaking into a home or business to conduct a raid without first announcing their presence.

In Historic Move, House Votes to End Federal Marijuana Prohibition

Breaking almost but not entirely along party lines, the House voted on December 4 to approve the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 (HR 3884). The MORE Act would effectively end federal pot prohibition by removing marijuana from the Controlled Substances Act's list of scheduled substances and eliminating federal criminal penalties for its possession, cultivation and sale.

The bill would not affect state laws that criminalize marijuana, but it would end the conflict between states that have already legalized marijuana and federal law. The bill also includes strong social equity provisions, including the creation of a fund to support programs and services for communities devastated by the war on drugs, a provision for expungement of past federal marijuana offenses, and a provision that bars the federal government from discriminating against people for marijuana use. The latter would protect immigrants from being deported for past marijuana convictions and would ensure that earned benefits are not denied to marijuana users.

The historic vote marks the first time either chamber of Congress has voted for legalization. But there is virtually no chance that the Republican-led Senate will take up -- let alone approve -- the measure in the remaining days of this session, meaning this is a battle that will continue in the next Congress.

Here Comes Psychedelic Drug Law Reform

Denver made history in May 2019 by becoming the first locality in the US to effectively decriminalize a psychedelic drug -- psilocybin-bearing magic mushrooms -- and as a psychedelic reform movement has spread across the land, this year saw more important advances. As the year went on, three more cities -- Ann Arbor, Oakland, and Santa Cruz -- passed similar ordinances.

Then on Election Day, voters in Oregon approved the groundbreaking Measure 109, the Psilocybin Services Act, with 56 percent of the vote. It will create a program to allow the administration of psilocybin products, such as magic mushrooms, to adults 21 and over for therapeutic purposes. People will be allowed to buy, possess, and consume psilocybin at a psilocybin services center, but only after undergoing a preparation session and under the supervision of a psilocybin service facilitator.

On the East Coast, Washington, DC, voters approved Initiative 81, the Entheogenic Plant and Fungi Policy Act of 2020, with 74 percent of the vote. The measure will have police treat natural plant medicines (entheogens) as their lowest law enforcement priority. The measure also asks the city's top prosecutor and its US Attorney to not prosecute such cases.

This string of psychedelic reform victories has generated momentum that is likely to result in more pushes in more places next year and beyond. Since Election Day, activists in San Francisco and Washington state have announced plans for decriminalization, a New Jersey state senator has filed a bill to downgrade the offense of magic mushroom possession, and a California state senator has announced he plans to file a bill. that would decriminalize the possession of psilocybin mushrooms and other psychedelics. And that's before the new year even begins.

Oregon Decriminalizes Drugs

With the passage by voters of Measure 110, the Drug Decriminalization and Addiction Treatment Initiative, Oregon broke new ground by becoming the first state to decriminalize the possession of personal use amounts of all drugs, including cocaine, heroin, and methamphetamine. The quantities decriminalized are up to one gram of heroin, up to one gram of or five pills of MDMA, up to two gram of meth, up to 40 units of LSD, up to 12 grams of psilocybin, up to 40 units of methadone, up to 40 pills of oxycodone, and up to two grams of cocaine. That's thousands of drug arrests that now will not occur in Oregon -- and now Oregon can set an example for other states to follow.

Red State or Blue State, Voters Choose Legal Marijuana When Given the Chance

The November election saw marijuana legalization on the ballot in four states and medical marijuana on the ballot in two states. They all won. Evenly-divided Arizona saw Proposition 207: The Smart & Safe Arizona Act, cruise to victory with 60 percent of the vote, while in blue New Jersey, Public Question 1 garnered a resounding 67 percent.

The really surprising results were in two red states: In Montana, Constitutional Initiative 118 and its companion Initiative 190 won with 58 percent and 57 percent of the vote, respectively, while in South Dakota, Constitutional Amendment A won with 54 percent of the vote. Both those states are Trump country, with the president taking 57 percent in the former and 62 percent in the latter.

It was the same story with medical marijuana too, as Mississippi approved Initiative 65 with 74 percent of the vote, while South Dakota's Measure 26 won with 70 percent. Marijuana for adult use in now legal in 15 states and medical marijuana is now legal in 38.

Attack of the Progressive Prosecutors

The November elections didn't just end the reign of Donald Trump and bring drug reform victories at the state level, they also ushered in a new crop of progressive prosecutors who will have the ability to affect the conduct of the war on drugs at the local level. Led by George Gascon, who was elected prosecutor of the nation's most populous county, Los Angeles, and running on progressive platforms that included confronting police misconduct, ramping down the war on drugs, and shrinking prison populations, progressives won prosecutor races in Detroit (Oakland County), Orlando, and two large Colorado districts that had been held for decades by Republicans. Progressives didn't win everywhere they ran, but the shift from "law and order" district attorneys toward progressives that began with Kim Foxx in Chicago and Larry Krasner in Philadelphia really gathered momentum this year.

A Tough Year for Safe Injection Sites

Safe injection sites -- or supervised injection sites or safe consumption sites, take your pick -- are a proven harm reduction intervention with 120 in operation in 10 countries around the world, but no legal ones operating in the US. It looked like that would change in 2020, but it didn't. A proposed site in Philadelphia got the final go-ahead from a federal judge in February, but the local US Attorney then won a stay blocking it, with a hearing on that stay held in October and the decision from the bench still pending. Things were also looking good in San Francisco after the Board of Supervisors okayed a three-site pilot program in June, but the state-level bill that would have allowed the city to proceed, Assembly Bill 362, died in the Senate after passing the Assembly. A similar fate befell a Massachusetts safe injection site bill, House Bill 4723, which managed to win a committee vote but then stalled. Maybe next year.

Asset Forfeiture Reforms

Asset forfeiture, especially civil asset forfeiture (without a criminal conviction), is increasingly unpopular, with 35 states and the District of Columbia approving reforms between 2014 and 2019. A November poll found that only 26% support allowing police to seize cash or property from someone without a criminal conviction. Some 59% of respondents oppose "allowing law enforcement agencies to use forfeited property or its proceeds for their own use." Opposition to equitable sharing, a federal program that allows state and local police to evade state laws against civil asset forfeiture, was even higher, with 70% against the program.

Here are some reasons why: In March, in Georgia,the Department of Revenue got caught spending millions of dollars in seized cash on "engraved firearms, pricey gym equipment, clothing, personal items, even $130 sunglasses." That same month, in Michigan, the Macomb County prosecutor was hit with a slew of criminal charges for allegedly taking funds seized from drug and other suspects for his own personal use, including a personal security system for his house, country club parties, campaign expenses and to buy flowers and make-up for his secretaries. In July, in Chicago, the city agreed to a $5 million payout to settle a class action lawsuit filed by two people whose vehicle was seized after a passenger was arrested for marijuana possession. The settlement will apply to hundreds of other cases where drivers had their vehicles impounded as part of drug cases. Also in Michigan, the Wayne County Sheriff's Office faces a similar lawsuit for seizing thousands of cars and other property belonging to residents without criminal convictions.

Such abuses helped New Jersey become the 36th asset forfeiture reform state when Gov. Phil Murphy on Tuesday (D) signed into law a bill mandating comprehensive disclosure and transparency requirements for the system of civil asset forfeiture. Unfortunately, the few remaining non-reform states are tough nuts to crack, as we saw with reform bills killed in Arizona, Georgia, Kentucky, and Tennessee. But, hey, at least Tyson Timbs, the Indiana man whose seized Land Rover resulted in a 2019 Supreme Court decision scaling back civil asset forfeiture, finally got his Land Rover back -- six years after it was seized over a drug bust.

America Keeps ODing

Amidst all the death in the pandemic, the ongoing epidemic of drug overdose deaths got short shrift this shift, but Americans are continuing to die by the tens of thousands. In July, the CDC reported preliminary data showing that after declining for the first time in decades in 2018, fatal ODs rose 4.6% in 2019. There's a lag in data for this year, but initial reports suggest bad news ahead. In July, the specialty laboratory Millennium Health reported that its analysis of more than half a million urine drug found large increases in the use fentanyl, heroin, cocaine, and methamphetamine. That same month, the Washington Post reportedthat fatal ODs have jumped and keep jumping during the pandemic. The Post's data showed overdose deaths up 18% in March, 29% in April, and 42% in May. The Post pointed to continued isolation, economic devastation, and disruptions in the drug trade as contributing factors.

Update 12/22: This year the top ten domestic stories goes to eleven, with the infamous "Aid Elimination Penalty" of the Higher Education Act set for repeal, as part of the massive spending bill sent to the president on the night of Monday the 21st. The provision barred students with drug convictions from receiving federal financial aid for college, for varying lengths of time. The spending bill also restores Pell Grant eligibility to prisoners.

Our own organization campaigned for many years for the law's repeal, through the Coalition for Higher Education Act Reform and the John W. Perry scholarship fund. Extensive media coverage made the law controversial, and in 2006 it was scaled back to be limited to drug offenses committed while a student was in school and receiving federal aid. In 2010 legislation to limit its reach further passed the House of Representatives.The provision stayed on the radar for members of Congress and their staffs, and yesterday it got done.

Poll Finds Little Support for Asset Forfeiture, Argentina Okays MedMJ Home Growing, More... (11/13/20)

State legal marijuana regulators form an association, a New Jersey marijuana decrim bill is amended to include magic mushrooms and wins a committee vote, and more.

Asset forfeiture is not a popular program, a new poll finds. (Creative Commons)
Marijuana Policy

State Marijuana Regulators Start 'Cannabis Regulators Association.' State marijuana regulators from across the United States have announced the formation of a non-partisan organization, the Cannabis Regulators Association (CANNRA), to better share institutional knowledge and regulatory best practices. Cannabis regulators from 19 states have joined in filing documents to establish CANNRA, which is being created in order to assist federal, state and local jurisdictions that have approved or are weighing legalization of cannabis. "The Cannabis Regulators Association will provide a much needed forum for regulators to engage with each other to identify and develop best practices, create model policies that safeguard public health and safety, and promote regulatory certainty for industry participants," said Norman Birenbaum, CANNRA's inaugural president.

New Jersey Bill Decriminalizing Up to Six Ounces of Pot -- and Magic Mushrooms, Too -- Passes Senate Committee. The Senate Budget and Appropriations Committee on Thursday unanimously approved S 2535, which decriminalizes the possession of up six ounces of marijuana. And an unidentified senator added an amendment decriminalizing up to an ounce of psilocybin mushrooms. It was still a unanimous vote.

Asset Forfeiture

Poll Finds Little Public Support for Asset Forfeiture. A new YouGov poll commissioned by the Institute for Justice finds that asset forfeiture has little public support. Only 26% support allowing police to seize cash or property from someone without a criminal conviction. Some 59% of respondents oppose "allowing law enforcement agencies to use forfeited property or its proceeds for their own use." Opposition to equitable sharing, a federal program that allows state and local police to evade state laws against civil asset forfeiture, was even higher, with 70% against the program. When it comes to where seized funds should be allocated, 38% said Social Security trust funds, 36% said drug treatment, 28% said paying down the national debt, and only 19% wanted forfeiture funds to go to federal law enforcement. (The question was multiple choice, thus adding up to more than 100%.)

International

Argentina to Allow Medicinal Marijuana to Be Grown at Home. President Alberto Fernandez issued a decree Thursday allowing people to grow marijuana at home for medicinal use, as well as allowing caregivers to grow for patients. The decree also allows pharmacies to sell marijuana-based products and orders insurance systems to pay the cost of marijuana for those who obtain a prescription.

MN Forfeiture Report Released, PA GOP Continues to Block Marijuana Legalization, More... (9/4/20)

The Nebraska Supreme Court hears a challenge to the state's medical marijuana initiative, Minnesota releases an audit of asset forfeiture practices in the state, and more.

An audit of asset forfeiture practices in Minnesota finds it hurts poor people more than it helps law enforcement. (CC)
Marijuana Policy

Pennsylvania Republicans Block Governor's Call for Marijuana Legalization. A day after Gov. Tom Wolf (D) called on the legislature to pass marijuana legalization to help the state budget, legislative Republicans are still blocking any progress. "There is just not the support in the caucus for legalizing marijuana right now," Jason Gottesman, a spokesman for House Majority Leader Kerry Benninghoff (R-Centre) said Thursday.

Medical Marijuana

Nebraska Supreme Court Hears Lawsuit Seeking to Block Medical Marijuana Initiative. The state Supreme Court heard arguments Thursday from both sides on the constitutionality of a medical marijuana initiative that has already qualified for the ballot. The initiative is being challenged by Lancaster County Sheriff Terry Wagner, even though it has already passed constitutional muster by state officials. The court has until September 11th to rule on this ballot measure and decide whether Nebraska voters will get to decide on medical marijuana.

Asset Forfeiture

Minnesota Audit Criticizes Asset Forfeiture Practices. State Auditor Julie Blaha released an annual report on asset forfeiture practices on Wednesday, and highlighted the fact that most seizures are from low income people and hurts them more than they help law enforcement. "The data shows that when it comes to the impact of forfeitures, the big story is in the small numbers," Blaha said in a statement. "Those kinds of amounts have a small impact on government systems, but they have a big impact at the individual level. If you are managing a public safety budget, small forfeitures are a minor and unpredictable part of your revenue stream," Blaha continued. "But if you are a low-income person experiencing a forfeiture, those amounts can have a big effect on your life. Having a few hundred dollars seized can mean the difference between making rent or homelessness. Losing that old car can lead to missing work and losing your job."

AZ Poll Shows Strong Support for MJ Legalization, BC Premier Asks for Canada Drug Decrim, More... (7/21/20)

The city of Chicago will pay out big time for seizing the vehicles of people in small-time drug busts, a California bill would undo some drug war sentencing excesses, the Colombian opposition has filed a bill to decriminalize and regulate cocaine, and more.

Cocaine could be decriminalized and regulated under a bill being considered in Colombia. (Pixabay)
Marijuana Policy

Arizona Poll Shows Strong Support for Marijuana Legalization. A new poll has support for marijuana legalization at 62%. The poll comes as backers of the Smart and Safe Arizona Act legalization initiative awaits confirmation from state officials that it has submitted a sufficient number of valid voter signatures to qualify for the November ballot.

Asset Forfeiture

Chicago to Pay $5 Million to Settle Class Action Suit Over Vehicles Seized in Drug Busts. A city council committee on Monday approved a $5 million payout to settle a class action lawsuit filed by two people whose vehicle was seized after a passenger was arrested for marijuana possession. The settlement will apply to hundreds of other cases where drivers had their vehicles impounded as part of drug cases. The settlement will pay people whose cars were seized the estimated Kelly Blue Book value of the vehicle.

Sentencing

California Bill Would End Mandatory Jail and Prison Sentences for Drug Offenses. State Sen. Scott Weiner (D-San Francisco) has filed SB 378, which would repeal 1980s drug war laws that enacted mandatory minimum sentences for drug offenses. Under current law, judges are denied the discretion to sentence drug offenders to probation or diversion. "For a lot of people in progressive California it is surprising to hear that in 2020, with all of the reforms that we've been working on for years, that there are still mandatory jail or prison sentences for non-violent drug offenses," Wiener explained. "But here we are in California, in 2020, with mandatory prison or jail sentences for nonviolent drug sentences," he said.

International

British Columbia Premier Asks Canadian Federal Government to Decriminalize Drugs. BC Premier John Horgan sent a letter Monday to Prime Minister Justin Trudeau asking him to have the federal government decriminalize drug possession. Such a move would "reduce the systemic stigma associated with illicit drug use and support people to access the services that they need," he said. "Criminal prohibitions are ineffective in deterring drug use, and criminalization of drug possession directly leads to both individuals and systemic stigma and discrimination that prevent people from seeking services," he added.

Colombia Opposition Files Cocaine Decriminalization Bill. A pair of opposition senators have filed a bill to decriminalize cocaine and regulate its production. The bill is part of a broader package to end the war on drugs that was filed last year by the leftist and centrist opposition blocs. The bill seeks strict state control over coca cultivation and cocaine production in a bid to cut the finances of drug trafficking organizations and armed groups.

Democratic Platform to Call for Rescheduling and Decriminalizing Marijuana But Not Legalizing, Canada Police Chiefs Want Drug Decrim, More... (7/13/20)

Democratic task forces working on the party platform have settled on rescheduling and decriminalizing marijuana but not legalizing it, the Justice Department rips a Massachusetts dope squad for its resort to excessive force, Canadian police chiefs call for drug decriminalization, and more.

The Oregon therapeutic psilocybin initiative has qualified for the ballot. (Creative Commons)
Marijuana Policy

Proposed Democratic Platform Calls for Marijuana Decriminalization and Descheduling. Task forces charged with drafting the Democratic Party platform are calling not for the total federal legalization of marijuana but for decriminalizing it and for rescheduling it for medical purposes. The recommendations will be provided to the platform committee, which will ratify it before the Democratic national convention next month. According to NJ.com, the proposals include allowing states to decide on whether to legalize marijuana, expunging past convictions, and calling on states that have legalized marijuana to reinvest revenues in communities that have borne the brunt of the drug war.

Kansas City to Remove Marijuana Violations from City Code. The city council voted last Thursday to remove possession or control of marijuana as a violation within the city. The ordinance, introduced on June 18 by Mayor Quinton Lucas and four City Council members, passed by a 9-4 vote. Two years ago, the Jackson County (Kansas City) prosecutor announced her office would no longer prosecute marijuana possession cases, with the exception of illegal sales, distribution and impaired driving.

Hemp

Hawaii Legislature Approves Industrial Hemp Bill. A bill to legalize industrial hemp in the state passed the Senate last Wednesday after having already passed the House. The bill, HB1819 HD2 SD3, now goes to the desk of Gov. David Ige (D). Ige vetoed a similar bill last year, citing concerns it was unenforceable, but this year, legislators worked closely with Ige's office to ensure it would get signed.

Law Enforcement

Democratic Progressives Announce BREATHE Act to Reform Policing. House Democratic members including Reps. Rashida Tlaib (D-MI) and Ayanna Pressley (D-MA) are pushing for a wide-ranging bill called the BREATHE Act, which would transform the country's criminal justice system. Among its provisions are a call to eliminate life sentences, retroactively expunge drug convictions, shut federal prisons and immigration detention centers, and afford voting rights and "lifetime education" for prisoners. The bill would also move to defund the DEA and ICE, end mandatory minimums, and decriminalize drug possession, among other provisions.

Justice Department Accuses Springfield, Massachusetts Narcotics Bureau of Using Excessive Force. In a report released last Wednesday, the Justice Department said an investigation has revealed that there is "reasonable cause" to suspect the Springfield Police Department's Narcotics Bureau regularly resorted to excessive force. "Our investigation of the Springfield Police Department over the last year revealed chronic issues with the use of force, poor record-keeping on that subject, and repeated failures to impose discipline for officer misconduct," said US Attorney for Massachusetts Andrew Lelling. The Justice Department said the bureau violated the Fourth Amendment, which protects the public from the unreasonable use of force by the police. In the report, Justice said "our investigation identified evidence that Narcotics Bureau officers repeatedly punch individuals in the face unnecessarily, in part because they escalate encounters with civilians too quickly, and resort to unreasonable takedown maneuvers that, like head strikes, could reasonably be expected to cause head injuries."

North Carolina Cops Confronted by Hostile Crowd After Drug Bust. Police in High Point, North Carolina, were swarmed by an angry crowd after police searched a home as part of a drug investigation. People kept arriving at the scene until "a hostile crowd of approximately 50 people had taken over the street in front of the residence," police reported. Police said the crowd blocked the roadway and swarmed a police vehicle, and police resorted to pepper spray to clear the area. Police seized 85 grams of heroin and 15 grams of marijuana and arrested two people.

Psychedelics

Oregon Therapeutic Psilocbyin Initiative Qualifies for November Ballot. Initiative Petition 34, which would legalize psilocybin to use for therapeutic purposes in a controlled setting with a licensed facilitator, has qualified for the November ballot, the secretary of state's office announced last Wednesday.

DC Natural Psychedelic Initiative Faces Challenge from GOP Congressman. Rep. Andy Harris (R-MD), a longtime foe of allowing Washington, DC, to move forward with drug reform efforts, says that he plans to force a vote in Congress to block the proposed natural psychedelic initiative. He said he plans to force a House Appropriations Committee vote next week.

International

Canadian Chiefs of Police Call for Drug Decriminalization. The Canadian Association of Chiefs of Police has recommended that simple drug possession should be decriminalized. The report by the association's special committee on decriminalization of illicit drugs calls for the creation of a national task force to research drug policy reform. "Canada continues to grapple with the fentanyl crisis and a poisoned drug supply that has devastated our communities and taken thousands of lives," association president and Vancouver Police Chief Adam Palmer said in a statement. "We recommend that enforcement for possession give way to an integrated health-focused approach that requires partnerships between police, health care and all levels of government."

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