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Marijuana -- Personal Use

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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."

NH Senate Kills Legal Pot Bill, Philippines Drug War Critic Acquitted on Drug Charge, More... (5/12/23)

New Hampshire's governor changes his tune on marijuana legalization, the Connecticut House approves psilocybin decriminalization, and more.

Marijuana Policy

New Hampshire Senate Again Kills Marijuana Legalization Bill. As in years past, the Senate has once again killed a marijuana legalization bill, House Bill 639, leaving the state the only one in New England to still maintain marijuana prohibition. Republicans, who control the Senate, killed the bill on a near party-line vote, with one Democrat joining with them. They cited an ongoing drug addiction and overdose crisis in the state.

"Recreationalizing marijuana at this critical juncture would send a confusing message, potentially exacerbating the already perilous drug landscape and placing more lives at risk," Republican Senate President Jeb Bradley said in a written statement.

New Hampshire Governor Now Ready to Support Marijuana Legalization. Gov. Chris Sununu (R), a longtime opponent of marijuana legalization, is ready to change his tune -- as long as legalization is on his terms. In a press release Friday, he touted his signing of a decriminalization bill and the expansion of medical marijuana under his administration, but signaled his openness to some form of legalization in the near future.

"In the past, I said now is not the time to legalize marijuana in New Hampshire. Across this country and in the midst of an unprecedented opioid crisis, other states rushed to legalize marijuana with little guardrails. As a result, many are seeing the culture and fabric of their state turn," he said.

"NH is the only state in New England where recreational use is not legal. Knowing that a majority of our residents support legalization, it is reasonable to assume change is inevitable. To ignore this reality would be shortsighted and harmful. That is why, with the right policy and framework in place, I stand ready to sign a legalization bill that puts the State of NH in the drivers seat, focusing on harm reduction  -- not profits. Similar to our Liquor sales, this path helps to keep substances away from kids by ensuring the State of New Hampshire retains control of marketing, sales, and distribution  -- eliminating any need for additional taxes. As such, the bill that was defeated in NH this session was not the right path for our state.

"New Hampshire must avoid marijuana miles  --  the term for densely concentrated marijuana shops within one city or town. Any city or town that wants to ban shops should be free to do so. The state would not impose any taxes, and should control all messaging, avoiding billboards, commercials, and digital ads that bombard kids on a daily basis."

Opiates and Opioids

Senators Hassan and Shaheen Cosponsor Bipartisan Bill to Combat Fentanyl Crisis. Senators Maggie Hassan (D-NH) and Jeanne Shaheen (D-NH) have cosponsored the bipartisan Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act. This bill targets the illicit fentanyl supply chain by strengthening current law and allowing the Treasury Department to increase penalties for synthetic opioid trafficking and money laundering. The FEND Off Fentanyl Act is a sanctions and anti-money laundering bill that will allow US government agencies to more easily go after illicit opioid traffickers. The bill would:

  • Declare that the international trafficking of fentanyl is a national emergency.
  • Require the President to impose sanctions on transnational criminal organizations and drug cartels' key members engaged in international fentanyl trafficking
  • Enable the President to use proceeds of forfeited, sanctioned property of fentanyl traffickers to further law enforcement efforts
  • Enhance the ability to enforce sanctions violations thereby making it more likely that people who defy U.S. law will be caught and prosecuted
  • Require the administration to report to Congress on actions the U.S. government is taking to reduce the international trafficking of fentanyl and related opioids
  • Allow the Treasury Department to utilize special measures to combat fentanyl-related money laundering
  • Require the Treasury Department to prioritize fentanyl-related suspicious transactions and include descriptions of drug cartels' financing actions in Suspicious Activity Reports

Psychedelics

Connecticut House Approves Psilocybin Decriminalization Bill. The House on Wednesday voted to approve House Bill 6734, which would decriminalize the possession of psilocybin mushrooms. The bill decriminalizes the possession of up to half an ounce of 'shrooms, with the only penalty being a $150 fine on a first offense and fines of up to $500 for subsequent offenses. Currently, possession of psilocybin is a misdemeanor punishable by up to a year in jail. The bill now goes to the Senate.

International

Philippine Court Acquits Duterte Critic Leila de Lima of Drug Charges. Former Senator Leila de Lima, who has been held prisoner for six years after criticizing former President Rodrigo Duterte's bloody drug, was acquitted Friday of a drugs charge that was laid after Duterte accused her of taking bribes from drug gangs in prisons in the wake of her Senate investigation of his drug crackdown that left thousands dead. This is the second charge on which she has been acquitted; a third remains, but critics of the campaign against her have called for the remaining charge to be dropped.

"I had no doubt from the very beginning that I will be acquitted in all the cases the Duterte regime has fabricated against me based on the merits and strength of my innocence," she said in a statement. "I'm still asking for even more prayers for another case," she added as she returned to prison pending resolution of that charge.

DEA Extends Telehealth for Buprenorphine, Colombia Legal Pot Bill Advances to Senate, More... (5/10/23)

Washington State bans discrimination against potential new hires over off-the-job marijuana use, Senate drug warriors file a bill aimed at counterfeit pills, and more.

Legal marijuana is one step closer in Colombia after it won approval in the Chamber of Representatives. (irin.org)
Marijuana Policy

Washington Becomes Latest State to Ban Pre-Employment Tests for Marijuana. Gov. Jay Inslee (D) has signed into law Senate Bill 5123, which bars employers from using a positive test for marijuana to disqualify potential new hires. As of January 1, 2024, it will be "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." Employers can, however, still punish employees for positive marijuana test results even if the use was off-the-job and there are exemptions for certain safety-sensitive employers.

Drug Policy

DEA Extends Pandemic Telehealth Prescribing Rules, Including for Buprenorphine. The Drug Enforcement Administration (DEA) has extended under November 11 rules created during the pandemic that allow for the prescribing of controlled substances via telehealth. The agency says it will make a final decision on whether to make the changes permanent before the current extension expires. The rule has drawn the interest of drug reformers because it allows for telehealth access to buprenorphine, which is used to treat opioid use disorder.

Senators File Bill to Attack Counterfeit Pill Production. Senate Caucus on International Narcotics Control co-chair Sen. Charles Grassley (R-IA), Sen. Dianne Feinstein (D-CA), and Sen. Maggie Hasan (D-NH) have filed a bill that seeks to halt a surge in counterfeit pills containing methamphetamine, fentanyl, or fentanyl analogues, the Stop Pills that Kill Act.

The bill does not mandate new or increased criminal penalties but requires the DEA to come up with a plan to address the problem within 180 days and requires the agency, the Office of National Drug Control Policy (ONDCP -- the drug czar's office), and the attorney general to file an annual report "on information regarding the collection and prosecutions of counterfeit fentanyl and methamphetamine substances." The bill would, however, "ensure that existing penalties for possessing paraphernalia used to manufacture methamphetamine would also apply to possessing paraphernalia used to make counterfeit pills that contain methamphetamine, fentanyl and fentanyl analogues."

The bill is endorsed by a variety of anti-drug groupings, including the National Narcotic Officers' Associations Coalition, Community Anti-Drug Coalitions of America, Song for Charlie, Victims of Illicit Drugs, Major Cities Chiefs Association and National District Attorneys' Association. But the bill's purpose, if not its precise language, could be consistent with the harm reduction approach as well, in in this case by helping drug users avoid taking pills that they think are one thing but are really another.

International

Colombia Chamber of Representatives Approves Marijuana Legalization; Bill Now Heads to Senate for Final Votes. A marijuana legalization bill has won final approval in the Chamber of Representatives and now heads to the Senate, where it must win a committee vote before heading for a final Senate floor vote. The bill passed the lower chamber by a vote of 98-57. A legalization bill passed both chambers last year but since it is in the form of a constitutional amendment, it has to be passed by both chambers in two separate calendar years.

OH Legalization Init Gathering Signatures, CA Drug War Reparations, More... (5/9/23) Blacks

Marijuana legalization hits a bump in New Hampshire, Jordan kills a Syrian drug trafficker in a cross-border air strike, and more.

Ohio voters could vote on marijuana legalization in November -- if activists come up with signatures first.
Marijuana Policy

New Hampshire Senate Committee Rejects House-Backed Marijuana Legalization Bills, but Floor Votes Still Coming. The Senate Judiciary Committee has voted against two marijuana legalization bills, deeming them "inexpedient to legislate." The committee rejected a full-blown commercial legalization bill sponsored by bipartisan House leaders, House Bill 639, as well as a second bill that would only have led to non-commercial legalization. Despite the committee votes, the bills are still technically alive and could see Senate floor votes as early this week, but given the rejection by the committee, the prospects for passage in the Senate are dim.

Ohio Activists Begin Second Round of Signature Gathering to Put Marijuana Legalization Initiative on November Ballot. The Coalition to Regulate Marijuana like Alcohol has commenced a new round of signature gathering to put its marijuana legalization initiative on the November ballot. The coalition earlier gathered enough valid voter signatures to put the issue before the legislature, which under state law had four months to approve it but failed to do so, clearing the way for organizers to take the issue directly to voters if it comes up with enough signatures in this round. The coalition now has 90 days to come up with 124,046 valid voter signatures to get on the November ballot and it says it is confident it will do so.

Drug Policy

California Task Force Recommends $228 Billion in Drug War Reparations for Black Residents. A task force empaneled by Gov. Gavin Newsom (D) has recommended that the state legislature pass reparations legislation to compensate about two million Black state residents to the tune of $228 billion for racially disproportionate harms caused by a half-century of drug war. The California Task Force to Study and Develop Reparation Proposals for African Americans voted Saturday to submit its recommendations to the governor.

The task force "recommends that compensation for community harms be provided as uniform payments based on an eligible recipient's duration of residence in California during the defined period of harm (e.g., residence in an over-policed community during the 'War on Drugs' from 1971 to 2020)," the report says. The task force also recommended that "the Legislature enact an individual claims process to compensate individuals who can prove particular injuries, for example, an individual who was arrested or incarcerated for a drug charge during the war on drugs, especially if the drug is now considered legal," i.e. marijuana. The reparations figure comes out to $2,352 per Black Californian for each year of residency in the state during the 50-year period.

"African American residents in California who were incarcerated for the possession or distribution of substances now legal, such as cannabis, should additionally be able to seek particular compensation for their period of incarceration, as discussed above," the task force said. The racially biased war on drugs in the state resulted in "massively disproportionate incarceration of African Americans" and also contributed to "unemployment and houselessness in many economically depressed African American communities once incarcerated African Americans were eventually released."

International

Jordan Carries Out Air Strikes on Syrian Drug Factory, Drug Trafficker. A pair of air strikes carried out by the Jordanian Air Force Monday hit an abandoned drug factory in the southern Syrian province of Deraa and the home of a Syrian "drug kingpin" in neighboring Sweida province. The strikes destroyed the drug factory and killed Syrian trafficker Marie al-Ramthan and his family at their home.

Intelligence sources said the drug factory was a meeting place for Hezbollah drug traffickers and that Ramthan had recruited hundreds of Bedouins to transport drugs and enlisted them in the ranks of militias sympathetic to Iran. Ramthan faced several death sentences in Jordan for drug trafficking. Jordan has declined to confirm the strikes, but "two regional intelligence and a Western diplomatic source who tracks the situation in southern Syria" confirmed they had occurred. War-ravaged Syria is a center for the production and distribution of the amphetamine captagon, but the Syrian government denies any involvement in the drug trade, as do Iran and its Lebanese ally Hezbollah.

Maryland Governor Signs Legal Marijuana Commerce Bill Into Law [FEATURE]

Last November, Maryland voters made it abundantly clear that they wanted marijuana legalization by approving a referendum to that effect. On Wednesday, with the signing of enabling legislation by Gov. Wes Moore (D), the legislature and the executive branch have enacted the expressed will of the voters, laying the groundwork for a state system of taxed and regulated marijuana sales.

They had to hustle to get something in place before the legalization of marijuana possession goes into effect in July, and with the passage of Senate Bill 516/House Bill 556, they have done so. It did not happen without a bunch of wrangling at state house, as the House and Senate modified the bills and then had to compromise to reach agreement, but now it has happened.

"The criminalization of marijuana harmed low-income communities and communities of color in a profound way," Moore said at a signing ceremony Wednesday. "We want to make sure that the legalization of marijuana lifts those communities now in a profound way." The new law will "ensure that the rollout of recreational cannabis in our state drives opportunity in an equitable way," he added.

Here are key provisions of the new law:

  • A new, independent Maryland Cannabis Administration will be responsible for regulating the program.
  • Sales will begin on July1, with existing medical marijuana dispensaries being licensed to sell to the adult recreational market. Licensing of additional marijuana businesses will come no later than July 1, 2024.
  • Licenses will be capped at 300 retail shops, 100 processors, and 75 growers. Additionally, there will be 10 retail, 100 processor, and 100 grower licenses for "microbusinesses."
  • Retail marijuana sales will be taxed at 9 percent, with 35 percent of those revenues going to a community reinvestment fund. Counties, the Cannabis Public Health Fund and the Cannabis Business Assistance Fund will each get five percent of revenues. Localities cannot impose additional taxes.
  • Applicants claiming social equity status will have to have 65 percent ownership by people who lived at least half of the last decade in disproportionately impacted areas or who attended public school in one of those areas for at least five years. Social equity applicants will be eligible for a Capital Access Program to provide low interest loans and promote industry opportunities. Additionally, beginning in 2025, existing medical marijuana dispensaries that form "meaningful partnerships" with social equity applicants will be eligible for grants for which $5 million will be appropriated each year.
  • Delta-8 hemp products will no longer be sold in the open market, but will have to be sold through licensed marijuana businesses.
  • Medical marijuana patients will see the number of plants they can grow double from two to four, but only patients will be able to grow their own.
  • New marijuana retailers will face geographic restrictions. They will have to be at least 1,000 feet apart from each other and cannot be within 500 feet of a school, childcare facility, playground, recreational center, library or public park.
  • To avoid monopolization, a single business will not be able to operate more than four retail shops.
  • Marijuana smoking will not be allowed indoors at consumption lounges, but only outdoors.
  • Smoking will not be permitted indoors at on-site consumption facilities, but people could do so on outdoor patios at licensed facilities.

And Maryland now hops with both feet on the legal marijuana bandwagon.

SAFE Banking Act Hearing Looms, FL Lawmakers Approve Fentanyl Test Strip Bill, More... (5/5/23)

A Vancouver man's experiment with "safe supply" drug sales is quickly ended by police, a Pennsylvania marijuana legalization bill is filed, and more.

The SAFE Banking Act could get a hearing as early as next week. (Creative Commons)
Marijuana Policy

Key Senate Committee Chairman Says Marijuana Banking Bill Could Get Hearing Next Week. Sen. Sherrod Brown (D-OH), chair of the Senate Banking Committee, said Thursday that lawmakers are ready to "move quickly" on the Secure and Fair Enforcement (SAFE) Banking Act (S.1323)and that a hearing on it could be scheduled as early as next week. No hearing has yet been formally scheduled, but both Democratic and Republican senators are pushing for quick action on the bipartisan bill. The bill is aimed at providing state-legal marijuana businesses with access to financial services. Similar legislation failed in the Senate last year despite repeatedly passing the House.

Pennsylvania Lawmakers File Marijuana Legalization Bill with State-Run Stores. Rep. David Delloso (D) and 20 cosponsors have filed a bill that would allow legal marijuana sales through state-run stores, House Bill 1080. Delloso filed similar legislation last year. The bill would also provide permits for growers to cultivate marijuana once adult-use sales are approved. The bill sets a retail marijuana sales tax of 19 percent with all revenues going to the state's general fund. Gov. Josh Shapiro (D) has proposed marijuana legalization with a private commercial system as part of his budget request in March and has yet to take a position on this legislation.

Psychedelics

Washington County Effectively Decriminalizes Natural Psychedelics as State Grapples with New Drug Possession Laws. The Jefferson County Board of Commissioners voted earlier this week to pass a resolution effectively decriminalizing natural entheogens as the state faces a looming deadline to enact a new drug possession law after the state Supreme Court threw out the old one. Gov. Jay Inslee (D) has called a special session of the legislature to take up the matter after lawmakers failed to reach a consensus during the regular session. If lawmakers fail to act before July 1, the state will again have no drug possession law.

Harm Reduction

Florida Lawmakers Approve Fentanyl Test Strip Decriminalization Bill. With a final vote in the House Thursday, the legislature has approved a bill that decriminalizes fentanyl test strips by removing them from the state's list of drug paraphernalia, Senate Bill 164. More than 6,150 Floridians died of fentanyl overdoses in 2020. The bill now goes to the desk of Gov. Ron DeSantis (R).

International

Vancouver Man Opens Shop Selling "Safe Supply" Hard Drugs, Gets Arrested. Canadian activist Jerry Martin wanted to encourage a "safe supply" of drugs for the safety of drug users, so on Wednesday he opened a mobile storefront offering up to 2.5 grams of lab-tested drugs such as cocaine, methamphetamine, and heroin for sale. "Providing a safe, clean supply is going to hopefully stop a lot of the overdoses and a lot of the injuries and stop girls from having to do certain things just to get their drugs," he said.

With permission from the federal government, British Columbia has decriminalized the possession of up to 2.5 grams of those substances, but it has not okayed legal sales, and on Thursday Vancouver police arrested Martin. Martin and his supporters have responded to the arrest by starting a Go Fund Me campaign to finance a constitutional challenge to the federal drug laws.

Luxembourg Unveils Marijuana Legalization Plan, WA Governor Calls Special Session on Drug Charging, More... (5/3/23)

A Maryland bill implementing legal marijuana commerce is signed into law, an Oklahoma bill cracking down on illicit medical marijuana grows is signed into law, and more.

A change in DOT drug testing rules could eliminate marijuana false positives. (Creative Commons)
Marijuana Policy

Maryland Governor Signs into Law Bill Implementing Marijuana Legalization. Gov. Wesley Moore (D) on Wednesday signed into law Senate Bill 516, which implements a voter-approved referendum to legalize marijuana. The bill allows currently operating medical marijuana dispensaries to apply for licenses to sell to the adult market beginning in July and mandates that licenses for up to 300 marijuana retailers by July 2024. The bill also sets a 9 percent sales tax on marijuana products, except for registered medical marijuana patients, who are exempt. The bill also allows patients to grow up to four plants at home and increases the amount of marijuana patients can possess.

Medical Marijuana

Oklahoma Governor Signs into Law Bill Cracking Down on Illegal Medical Marijuana Grows. Gov. Kevin Stitt (R) on Wednesday signed into law House Bill 2095, which puts the Oklahoma Attorney General's Office, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, and the Oklahoma State Bureau of Investigation full enforcement authority over the state's medical marijuana laws. The bill is aimed at cracking down on a plethora of illegal marijuana grow operations and says that authorities can seize and destroy marijuana that was "not properly logged in inventory records or untraceable product not required to be in the system." The bill also makes it a misdemeanor for a licensed medical marijuana commercial grower to hire undocumented immigrants to work anywhere on the property where medical marijuana is grown.

Drug Policy

Washington Governor Announces Special Session to Take Up Drug Possession Law. Gov. Jay Inslee (D) announced Tuesday that will call a special session to begin May 16. The session will focus on passing a new drug possession law. Inslee set the date after conversations with Democratic and Republican legislative leaders. In 2021, the Washington Supreme Court overturned the state's felony drug possession law in the Blake case. Legislators adopted a temporary misdemeanor policy that expires July 1. The so-called "Blake fix" was the only remaining must-do item legislators did not finish during the regular legislative session that ended April 23. In the absence of a statewide policy, several cities and counties have announced their intent to pass their own ordinances which would create a confusing patchwork of policies, treatment options and penalties.

Drug Testing

Department of Transportation Finalizes New Marijuana Testing Policies to Reduce False Positives. The US Department of Transportation (DOT) on Tuesday finished work on a rule that will allow oral saliva drug testing as an alternative to urine-based tests. Urine tests detect THC metabolites for weeks or months after consumption, leading to positive test results for people who are not actually impaired on the job. Oral testing, on the other hand, usually detects THC in saliva for no more than 24 hours after use.

"Allowing employers to use oral fluid testing may improve the effectiveness of drug testing," DOT said. "Oral fluid testing can detect the recent use of some drugs, including marijuana and cocaine, while urine drug testing has a longer window of detection." This will be good news for the trucking industry, which has suffered from driver shortages, including thousands of drivers who have been dismissed because of positive urine-based tests.

International

Luxembourg Releases Two-Phase Plan for Marijuana Legalization. A group of experts appointed by the government has released a report detailing plans for a legal marijuana regime. The report, "An Experimental System of Legal Access to Marijuana for Non-Medical Purposes," lays out the outlines of a legal marijuana market for those over 18. It would allow for possession of up to three grams, the home cultivation of up to four plants, and the development of a legal framework where adults could buy up to five grams a day, but no more than 30 grams in a month. Legalization will come in two phases, with the first requiring that the country's drug law be amended. Once that happens, home cultivation can commence. The second phase will be the development of a state system for the commercial cultivation and sale of marijuana. That will involve the launching of a pilot program to see how commercialization can work.

CA Natural Psychedelic Bill Heads for Senate Floor Vote, German Legal Weed Plan, More... (5/2/23)

An Ohio signature-gathering campaign to put marijuana legalization on the November ballot is about to get underway, Wisconsin Republicans kill the governor's marijuana legalization proposal and a whole bunch more, and more.

The DEA is rolling back a pandemic-era rule that eased access to buprenorphine, and doctors and advocates are worried.
Marijuana Policy

Ohio Activists Ready for Marijuana Legalization Initiative Campaign. The legislature has until tomorrow to act on a petition to legalize marijuana. It is not expected to do so, clearing the way for the Coalition to Regulate Marijuana Like Alcohol to conduct a signature gathering campaign to put its marijuana legalization initiative on the November ballot. A successful initial round of signature gathering put the issue before the legislature, and the legislature's failure to approve it gives proponents one more chance to take the issue directly to the voters. The campaign will have until July 5 to come up with 124,000 valid voter signatures from at least half of the state's counties to qualify for the November ballot. The initiative would legalize and regulate marijuana commerce, allow for the home cultivation of six plants per adult or 12 per residence, and impose a 10 percent retail sales tax.

Wisconsin Republicans Kill Marijuana Legalization Amid Mass Slaughter of Democratic Governor's Budget Proposals. The legislature's Republican-controlled budget committee on Tuesday killed off more than 500 budget proposals from Gov. Tony Evers (D), including marijuana legalization, with a single vote Tuesday. The state has a $7 billion budget surplus, but the Republicans refused to allow it to be used for renovations to the Milwaukee Brewers' stadium, a paid family leave program, a 10 percent income tax cut targeting middle- and low-income earners, spending $270 million to add more mental health providers in schools, or to freeze enrollment in the state's private school voucher program, let alone marijuana legalization.

"These aren't fringe ideas, controversial concepts, or Republican or Democratic priorities -- they're about doing the right thing," Evers said as he listed more than a dozen items being killed. "With a historic surplus comes historic responsibility, and today, when we can afford to do more, this vote is foolish and a wasted opportunity."

Opiates and Opioids

DEA's Proposed Rollback of Pandemic-Era Loosening of Restrictions on Buprenorphine Has Doctors, Advocates Worried. With the pandemic public health emergency set to end in 10 days, doctors and advocates worry that a DEA proposal to roll back a pandemic policy allowing people taking the opioid substitute medication buprenorphine to get it prescribed remotely will harm people recovering from addiction. More than a million Americans use bupe to stop cravings for opiates and block withdrawal symptoms, and since 2020, the federal government has allowed them to have it prescribed via telehealth. The DEA wants to reimpose a requirement that an in-person visit first take place before allowing re-prescribing via telehealth. DEA has received more than 2,900 public comments on the proposed rule, and says it will consider them before it releases final rules after the public health emergency ends next week.

Psychedelics

California Natural Psychedelic Legalization Bill Heads for Senate Floor Vote. A bill that would legalize the possession of small amounts of natural psychedelics, Senate Bill 58, is now headed for a Senate floor vote after clearing the Senate Appropriations Committee without a hearing. The chairman of the committee invoked a rule allowing him to send it directly to the floor because it would have a negligible fiscal impact. The bill was earlier approved by the Senate Public Safety Committee. The bill would legalize the "possession, preparation, obtaining, transfer as specified, or transportation of" personal use amounts of psilocybin, psilocin, DMT, ibogaine, and mescaline, but not synthetics such as LSD or MDMA. A similar bill passed the Senate last session, only to be pulled by its sponsor, Sen. Scott Weiner (D-San Francisco) after being watered down in the Assembly.

International

German Officials Circulate Draft Bill for First Part of Marijuana Legalization Plan. German Health Minister Karl Lauterbach has distributed a draft bill to legalize marijuana possession, cultivation, and social clubs to cabinet officials. Once the cabinet weight in, the government will finalize the bill and send it to lawmakers. Under the proposal, adults could possess up to 25 grams via the social clubs and adults over 21 could purchase up to 50 grams a month. People 18 to 21 would be limited to 30 grams per month. People would also be allowed to grow up to three plants for personal use. The social clubs would not be allowed to offer on-site consumption but could distribute up to seven seeds or five clones per month to each member for home cultivation. Plans for a national legal commercial market for marijuana have been scaled back in the face of concerns from the European Union, but it is expected that a pilot program to allow marijuana sales in select jurisdictions will be a second phase of legalization.

Biden Commutes 31 Drug Sentences, MN Senate Approves Legal MJ, More... (5/1/23)

Three Colorado Senate Democrats joined with Republicans to kill a safe injection site bill, a Texas bill to impose harsher penalties on fentanyl dealers has passed both chambers, and more.

The president wields his pardon power. (whitehouse.gov)
Marijuana Policy

Minnesota Senate Approves Marijuana Legalization Bill. The Senate last Friday narrowly approved its version of a marijuana legalization bill, Senate File 73. The vote was 34-33, with all Republicans voting against the bill. The House passed a slightly different version of the bill earlier last week. Now, the two chambers will attempt to negotiate their way to a merged bill they can send to DFL Gov. Tim Walz, who has strongly signaled he will sign it.

Harm Reduction

Colorado Safe Injection Site Bill Blocked. A bill that would have allowed municipalities to approve safe injection sites in their communities, House Bill 1202, has failed in the Senate after being approved in the House. The Democrat-sponsored bill easily passed the House 43-21, but was killed in the Senate Health and Human Services Committee last Wednesday on a 6-3 vote. Three of those "no" votes came from Democrats on the committee who raised concerns about "enabling" drug use and the lack of statewide rules and regulations in the bill.

"In spite of today's vote, overdose prevention centers remain the public health gold standard for addressing the crisis of overdose deaths faced by too many Colorado families," said the Colorado Drug Policy Coalition. "We are proud of the leadership from our many members in the House and our sponsors in the Senate who were able to put good policy backed by decades of research ahead of the politics of inaction."

Pardons and Commutations

Biden Commutes Drug Sentences for 31 People. The White House announced last Friday that President Biden has commuted the sentences of 31 people convicted of federal drug offenses. All 31 were serving time in home confinement and would have received shorter sentences if they were charged today with the same offense because the laws have been changed since they were sentenced.

The commutations come as the White House laid out a set of policy actions involving 20 different federal agencies aimed at improving the criminal justice system, which has disproportionate impacts on Blacks and other minority communities. Biden has commuted the sentences of 75 other people so far. He also pardoned thousands who were convicted of simple possession of marijuana under federal law, and others who have long since served out their sentences.

Sentencing Policy

Texas House Approves Bill to Increase Penalties for Dealing Fentanyl. The House last Friday overwhelmingly approved a bill to increase criminal penalties for people who distribute fentanyl, House Bill 6. The bill would do so by classifying fentanyl overdoses as "poisonings," which would trigger murder charges for people accused of providing a fatal dose of fentanyl. The bill also includes mandatory minimum 10- or 15-year sentences for distribution of more than 200 grams or 400 grams, respectively, with a maximum sentence of life in prison.

The House vote came after lawmakers ignored a small group of demonstrators in the gallery chanting "no more drug war." A companion bill has already passed the Senate, so lawmakers will now go to a conference committee to hammer out differences before it goes to the desk of Gov. Greg Abbott (R), who supports it. Meanwhile, a bill to decriminalize fentanyl test strips is stuck in committee in the Senate.

PA Bill to Criminalize Safe Injection Sites Advances, Federal Smart Sentencing Bills Filed, More... (4/27/23)

The Texas House gives preliminary approval to a marijuana decriminalization bill, Senate Republicans block a veterans' medical marijuana bill, and more.

The Insite safe injection site in Vancouver. Pennsylvania GOPers want to criminallize such facilities. (vch.ca)
Marijuana Policy

California Bill to Crack Down on Illegal Marijuana Grows Advances. The Senate Public Safety Committee voted unanimously Wednesday to approve Senate Bill 820, which would authorize law enforcement to seize cultivation and manufacturing equipment from unpermitted marijuana operations. The bill from Sen. Marie Alvarado-Gil would not only allow for asset forfeiture; it would also invest the proceeds in the Cannabis Control Fund to support equity programs.

"It is critical to ensure that the limited resources used to enforce against unlicensed cannabis operations be impactful, and removing the equipment they use is a big step towards that goal," said Alvarado-Gil. "We must support those cannabis manufacturers who operate in a lawful manner and adhere to producing a safe consumable product." The bill comes as the state's legal marijuana industry struggles to compete with the illicit market.

Texas House Gives Initial Approval to Marijuana Decriminalization Bill. The House on Wednesday gave initial approval to a marijuana decriminalization bill, House Bill 218. The bill now heads for a second, final vote in that chamber. The bill would make possession of up to one ounce of marijuana a Class C misdemeanor, removing the risk of jail time and instead imposing a maximum fine of $500. It also specifies that possession of up to two ounces of marijuana would not result in arrest and that people with simple marijuana convictions could seek to have their convictions expunged after paying a small fee.

Medical Marijuana

Senate Republicans Block Veterans' Medical Marijuana Bill from Advancing. After a "spirited debate" in the Senate Republican policy lunch shortly before a vote to advance S. 326 -- a bipartisan bill that would have the Veterans Affairs Department do studies and clinical trials on the use of medical marijuana to treat veterans'' chronic pain and PTSD -- a group of those Republican senators voted against allowing the bill to move forward, at least for now. The bill needed 60 votes to advance, but with the Republican defections, it failed 57-42.

Republicans cited several reasons for the "no" vote, including that passage of the bill could be seen as a win for Sen. Jon Tester (D-MT), chair of the Veterans Affairs Committee, who is up for reelection next year in red state Montana. Sen. John Cornyn (R-TX), ranking minority member on the committee, said negotiations on the bill will continue and described Wednesday's vote as "hitting the pause button."

Psychedelics

Minnesota House Passes Omnibus Health Bill That Includes Creation of Psychedelic Task Force. After an omnibus health passed the Senate earlier this session, it was amended in the House to include a provision creating a task force to prepare the state for the possible legalization of psychedelic substances. Now, the House has also approved that omnibus health bill with the psychedelic task force provision intact. Since it was amended in the House, the bill will now go to conference committee, where members will attempt to reconcile differences between the House and Senate versions of the bill.

Harm Reduction

Pennsylvania Bill to Criminalize Safe Injection Sites Advances. A bill that would make it a felony punishable by up to 20 years in prison for people operating safe injection sites, Senate Bill 165, is advancing in the Republican-controlled legislature. The bill would make it a crime for any clinic or other establishment to allow people to "inject, ingest, inhale or otherwise introduce into the person's body a controlled substance" and also includes a $500,000 fine for individuals and $2 million for establishments.

The bill advanced out of the Senate Judiciary Committee on Tuesday and is now before the Senate Appropriations Committee. The ACLU of Pennsylvania notes that the criminal penalties in the bill "EXCEED the statutory maximum penalties for a first-degree felony. In other words, the penalty for providing a space that can save people from deadly overdoses is more severe than the punishment for murder."

Sentencing Policy

Federal Smart Sentencing Adjustments Act Filed. Sen. Cory Booker (D-NJ) and Rep. Tony Cárdenas (D-CA) have introduced the Smart Sentencing Adjustments Act in the Senate and House. The bill would provide federal funding as an incentive to state governments to reduce incarceration while reducing crime. State prisons hold 87% of the nation's prison population. The Smart Sentencing Adjustments Act would provide funding for states to identify and address the sources of unnecessary incarceration in their systems, while investing in ways to lower crime and keep people safe.

The act would create a $2 billion grant program to reward states that shrink their prison populations by 20% over three years. It would offer participating states a wide variety of policies and programs for supporting people who have been in prison so they don't return, making communities safer, providing alternatives to incarceration, and more. For the length of the funding period, the bill would prohibit participating states from enacting excessively punitive sentencing legislation, such as mandatory minimums, truth-in-sentencing laws, and habitual offender laws.

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