New York's governor signs bill to seal criminal records, a second South Dakota marijuana legalization initiative is filed, and more.

Will marijuana ever be legal in the Badlands? Maybe next year. (Creative Commons)

New York Governor Signs Bill to Provide Tax Relief to NYC Marijuana Businesses. Gov. Kathy Hochul (D) has signed into law Senate Bill 7508, which provides tax relief to New York City cannabusinesses that are blocked from making federal tax deductions under a section of the Internal Revenue Service (IRS) known as 280E. The signing came less than a week after the Senate and Assembly formally sent their identical bills to the governor's desk.

"This bill would allow a deduction for business expenses, incurred by taxpayers authorized by the Cannabis Law to engage in the sale, distribution, or production of adult-use cannabis products or medical cannabis, for purposes of the unincorporated business tax (UBT), the general corporation tax (GCT), and the corporate tax of 2015, commonly referred to as the business corporation tax (BCT)," a summary says.

The bill also amends the city's tax code to add sections allowing deductions "in an amount equal to any federal deduction disallowed by section 280E of the internal revenue code."

"This modification to income is appropriate because, while the expenses of cannabis-related business cannot be deducted for federal purposes, New York law permits and encourages these businesses akin to any other legitimate business occurring in the State," a memo attached to the bill says. "The City's business taxes should similarly encourage these business activities."

South Dakota Sees Second Marijuana Legalization Initiative Filed. State Attorney General Marty Jackley (R) has drafted a title and explanation for a marijuana legalization initiative from activist and medical marijuana operator Emmett Reistroffer. That is the second marijuana legalization initiative filed for next yer's elections.

The Reistroffer initiative would allow people 21 and over to possess up to three ounces of marijuana and grow up to six plants at home. It would also allow existing medical marijuana dispensaries to apply for dual-use licenses to sell their products to any adult.

An earlier initiative from Matthew Schweich has already been approved for circulation. Schwiech has been involved in the two previous marijuana legalization initiatives, one that won in 2020 only to be overturned by the state Supreme Court and one that was defeated last year.

Both initiatives will need 17,509 valid voter signatures to qualify for the November 2024 ballot. If both were to pass, the one with most votes would go into effect.

Harm Reduction

New York Governor Signs Bill to Expand Access to Fentanyl Testing Supplies. Gov. Kathy Hochul (D) has signed into law "Matthew's Law," Senate Bill 2099C, which will expand public access to fentanyl testing supplies. Such supplies will be distributed by pharmacists or health care professionals.

"Matthew's Law" is named for Matthew Horan, who died of an accidental fentanyl overdose in November 2020.

"For too long, pharmacies and other local health care providers have struggled to provide the resources proven to prevent overdose deaths. With our historic investments in testing expansion, along with this legislation, we are working to ensure that every New Yorker has access to life-saving testing kits," Gov. Hochul said.

"We are in the midst of the worst overdose crisis in history and expanding the availability and use of resources like test strips is vital to the ongoing efforts to prevent overdose deaths in New York State," said Dr. Chinazo Cunningham, Commissioner of the Office of Addiction Services and Supports. "These materials are lifesaving, and we need to continue to take steps to make sure that we are getting them in the hands of people that need them so that they can reduce their risk of overdose."

Law Enforcement

New York Governor Signs "Clean Slate Act" to Seal Criminal Records. Gov. Kathy Hochul (D) has signed into law the "Clean Slate Act," Senate Bill 7551A, which allows certain criminal records to be sealed years after an individual is sentenced or released from incarceration if that individual is not subsequently convicted of an additional criminal act.

"Following their release from any incarceration, records of individuals with eligible misdemeanor convictions will be sealed after three years and those with certain felony convictions, after eight years," said bill sponsor Sen. Zellnor Myrie (D). "The Clean Slate Act will not seal the records of individuals convicted of sex crimes, murder, or other non-drug Class A felonies; law enforcement, prosecutors, the New York State Education Department, the courts, and other groups will continue to have access to all criminal records under this law."

But it does include drug offenses.

New York advises drug treatment providers to quit testing for marijuana in most cases, Ohio GOP lawmakers want to modify the just-passed marijuana legalization initiative, and more.

The New Jersey Supreme Court has okayed testimony from police drug recognition experts despite questions about their process.

OH GOP Senate President Says Senators Will Push for Changes to New Marijuana Legalization Law Before It Takes Effect Next Month. State Senate President Matt Huffman (R) said Wednesday that senators will push for changes in the state's new marijuana legalization law before it takes effect next month. But details are still unclear -- and the House may not be in agreement.

"It's kind of all hands on deck here," Huffman said.

Within hours of the vote last week, Huffman, House Speaker Jason Stephens (R), and Gov. Mike DeWine (R) signaled they wanted to modify the legalization initiative even though it won with 57 percent of the vote. DeWine has urged lawmakers to move quickly and Huffman joins him in seeking to have rules in place by December 7, when legalization commences.

But Stephens said the real deadline for regulation is sometime before next fall, when the first commercial marijuana licenses are supposed to be issued. "That runway is all the way through September before the first licenses are even issued, so to do that decision-making process in the next couple of weeks, it's going be a real challenge to put forth such a large program that quickly," Stephens said Tuesday.

Among the changes the Republicans are considering: changing the tax rate, using the revenue to fund county jails or police training, and clarifying the language around public smoking. Under the initiative, smoking pot in "public areas" would be a minor misdemeanor, but property owners and "any public place" could decide to accommodate marijuana use. Some businesses are complaining that the language is unclear.

The Senate could also limit the number of marijuana retail outlets and reexamine the language around THC content caps.

New York Officials Advise Drug Treatment Providers to Stop Testing Patients for Marijuana in Most Cases. The state Office of Addiction Services and Supports (OASAS) has issued new guidance to drug treatment providers that advises against routine screening for marijuana use, similar to the approach the office uses with alcohol. Some clinicians are hailing the move as a step away from abstinence-only recovery efforts and toward a more flexible harm reduction approach.

New state guidance for addiction services and treatment programs in New York advises against routine screening for marijuana use, an approach designed to parallel that used for alcohol. Some clinicians see the change, which is being implemented following the state's legalization of cannabis, as a step away from an abstinence-only view of recovery and toward a more flexible approach aimed at minimizing harm.

"With the legalization of adult-use cannabis in NYS, testing for the metabolite of THC routinely is not recommended unless the patient has identified a reduction in, or cessation of cannabis as part of their treatment goals," says the guidance document from OASAS. "Alcohol and THC metabolites should not be included in routine toxicology panels," it adds, "unless a clinician determines that alcohol or cannabis is a concern and toxicology testing would be appropriate clinically."

OASAS regulates about 1,700 prevention, treatment, and recovery programs statewide, as well as a dozen treatment centers it operates directly. The guidance applies to "providers working in OASAS-certified programs who use toxicology testing over the course of a patient's treatment." The office's website describes its approach as "responsive, data-driven, person-centered, and prioritizes equity."

Peter Grinspoon, a marijuana specialist at Massachusetts General Hospital and a Harvard Medical School instructor, saw the new guidance as a matter of harm reduction. "This is one of those questions where you can't really disentangle the social history and the politics from the science," he said. Historically "a lot of this is predicated on the idea that cannabis was a gateway to addiction" -- an idea he dismissed as a "foolish notion."

While medical professionals' perspective on the harms or benefits of marijuana "depends on his or her vantage point," Grinspoon added, addiction treatment providers have "been a big part of the problem with cannabis, because they really just get in their own echo chamber about the harms, and they don't have the context of, like, yes, sure, this can happen, and it's tragic when it does happen, but it's not what usually happens."

Drug Use

HHS, SAMHSA Release 2022 National Survey on Drug Use and Health Results. The Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), on Monday released the results of the 2022 National Survey on Drug Use and Health (NSDUH). The report shows how people living in United States reported about their experience with mental health, substance use, and treatment related behaviors in 2022. The report is accompanied by a high-level brief that includes infographics.

"The National Survey on Drug Use and Health provides an annual snapshot of behavioral health nationwide," said HHS Secretary Xavier Becerra. "This data informs knowledge, policy and action, and drives our shared commitment across government, healthcare, industry and community to offer resources and services to those in need."

"To tackle the behavioral health crisis in this nation, we need to fully understand the issues surrounding mental health and substance use, and the impact they have on people and communities," said Deputy Secretary Andrea Palm. "The Biden-Harris Administration is committed to meeting people where they are with information, resources, and support. The 2022 National Survey on Drug Use and Health allows us to follow an evidence-based path forward as we provide support for those struggling with substance use and work to build healthier futures."

"The data released today is crucial for informing our policies, protocols and understanding of our nation's health," said HHS Assistant Secretary for Mental Health and Substance Use Miriam E. Delphin-Rittmon, Ph.D., the leader of SAMHSA. "This important work better situates policy makers, researchers, practitioners and the general public to understand the collective behavioral health needs across the country and anticipate the needs of future generations."

The 2022 NSDUH report includes the following key findings:

• Among people aged 12 or older in 2022, 59.8% (or 168.7 million people) used tobacco products, vaped nicotine, used alcohol, or used an illicit drug in the past month (also defined as "current use"), including 48.7% (or 137.4 million people) who drank alcohol, 18.1% (or 50.9 million people) who used tobacco products, 8.3% (or 23.5 million people) who vaped nicotine, and 16.5% (or 46.6 million people) who used an illicit drug.
• In 2022, 70.3 million people aged 12 or older (or 24.9%) used illicit drugs in the past year. Marijuana was the most used illicit drug, with 22.0% of people aged 12 or older (or 61.9 million people) using it in the past year.
• In 2022, 48.7 million people aged 12 or older (or 17.3%) had a substance use disorder (SUD) in the past year, including 29.5 million who had an alcohol use disorder (AUD), 27.2 million who had a drug use disorder (DUD), and 8.0 million people who had both an AUD and a DUD.
• In 2022, almost 1 in 4 adults aged 18 or older had any mental illness (AMI) in the past year (59.3 million or 23.1%).
• Among adolescents aged 12 to 17 in 2022, 19.5% (or 4.8 million people) had a past year major depressive episode (MDE).
• 1 in 20 adults aged 18 or older had serious thoughts of suicide in the past year (13.2 million or 5.2%), 1.5% (or 3.8 million people) made a suicide plan, and 0.6% (or 1.6 million people) attempted suicide in the past year.
• Over 1 in 8 adolescents aged 12 to 17 had serious thoughts of suicide in the past year (13.4% or 3.4 million adolescents), 1 in 15 made any suicide plans (6.5% or 1.7 million adolescents), and nearly 1 in 25 (3.7% or 953,000 adolescents) attempted suicide in the past year.

Law Enforcement

New Jersey Supreme Court Says Drug Recognition Experts Reliable but Limits Their Use. The state Supreme Court ruled Wednesday that the testimony of police drug recognition experts is reliable enough to be used as evidence, but limited its use, citing concerns about the experts' processes. Drug recognition experts are trained to determine whether drivers are impaired by drugs that can’t be detected by roadside tests, bloodwork, or breathlyzers.

The ruling came in a case brought by the Office of the Public Defender with support from the ACLU of New Jersey, which made the most of the court's concerns. The case dates back to 2015, when Jerseyite Michael Olenowski was charged with driving while intoxicated on two separate occasions.

"Although we believe evidence regarding the DRE protocol should never be admissible at trial, the Court today took important steps to show its commitment to sound science, to stop the prosecution from proving its case through shortcuts and the overuse of police officers in place of empirical evidence to sustain criminal convictions, and to make clear to all courts, prosecutors, defendants, and the public that it will maintain the integrity of criminal prosecutions." said Assistant Deputy Public Defender Molly Mclane.

The high court split on the decision, with even the majority making it clear the ruling was unlikely to be the last word on the matter.

"We presume that researchers will continue to study the efficacy of the DRE methodology, and we do not foreclose future litigation with appropriate testimony to re-examine it," wrote Superior Court Judge Jack Sabatino, who is temporarily assigned to the Supreme Court.

In a dissent joined by Chief Justice Stuart Rabner, Justice Fabiana Pierre-Louis wrote that her colleagues on the court approved the admissibility of drug recognition expert testimony despite admitting that they could not determine its reliability.

"The majority opinion discounts legitimate concerns about the reliability and accuracy of the DRE protocol and upholds the admission of DRE evidence despite acknowledging that 'the factors of testability and false positive error rate are largely inconclusive' and that 'DRE testimony does not, in and of itself, establish impairment,'" she wrote.

A leading critic of former Philippines President Duterte's drug war has been freed from prison after being jailed for nearly seven years on bogus drug charges, Vietnam sentences 18 people to death for drug offenses, and more.

psilocybin mushrooms (Pixabay)

Wisconsin Bipartisan Bil to Create Psilocybin Research Program for Vets with PTSD. Sens. Jesse James (R) and Dianne Hesselbein (D), as well as Reps. Nate Gustafson (R) and Clinton Anderson (D) have joined together to file a bill that would create a psilocybin research pilot program in the state.

The bill would create a pilot program to study the therapeutic potential of the psychedelic in the treatment of post-traumatic stress disorder (PTSD) among veterans. The program would be run through the University of Wisconsin at Madison, where a multidisciplinary psychedelics research division has been in place since 2021.

"Wisconsinites, especially our veterans struggling with treatment-resistant PTSD, deserve the 'Right to Try' the best possible care and support," Gustafson said. "I am proud to work across the aisle to propose a bipartisan bill to create a medicinal psilocybin treatment pilot to fulfill our moral duty to our veterans, who have selflessly served our country."

"The mental health of our veterans is incredibly important. Increasing treatment opportunities for veterans with PTSD is something we should all agree on," Anderson said. "I'm proud of this bipartisan bill to support those who served our country."

Massachusetts Governor Proposes Bill to Study Psychedelic Treatments for Veterans. Gov. Maura Healey (D) filed a bill on Veterans Day to increase benefits and promote inclusivity for veterans in the state that includes a provision that would create a "public-private working group to study the health benefits of psychedelics as treatment for veterans suffering from physical or mental health disorders related to their service."

Healey's bill comes after various legislators have already been discussing psychedelic legalization, and two versions of a psilocybin initiative petition have been filed in the state by the group Massachusetts for Mental Health Options.

International

German Lawmakers Postpone Marijuana Legalization Vote Scheduled for Next Week. Lawmakers in the Bundestag have postponed a final vote on marijuana legalization that was scheduled for next week, saying that the issue "will be decided in December," according to lawmaker Carmen Wegge.

"I know this is a huge disappointment for many," said Wegge, of the Social Democratic Party (SPD). "That's why this decision wasn't easy for anyone. However, well-designed improvements are in all of our interests."

A member of the allied Green Party, Kirsten Kappert-Gonther, explained the delay on social media by saying that "some wording still needs to be worked on." Legalization will come, she emphasized, "just a little later."

"I am confident that the law will become significantly better as a result of the discussions," Green Party lawmker Kirsten Kappert-Gonther said. "This is for a good cause, quality comes before time pressure. Some wording still needs to be worked on," she said, adding that legalization will come, "just a little later."

Philippine Politician Jailed by Duterte for Criticizing His Drug War Freed After Seven Years. Former senator Leila de Lima has been granted release on bail after being held in prison for nearly seven years on bogus drug charges after she criticized then-President Rodrigo Duterte war on drugs, under which tens of thousands of people were killed.

As she left prison, she was greeted by dozens of supporters. De Lima thanked her supporters, the news media, and the administration of Duterte successor Ferdinand Marcos Jr. "for respecting the independence of the judiciary and the rule of law."

De Lima is a global cause celebre. The United Nations Working Group on Arbitrary Detention concluded that her imprisonment was arbitrary and without legal basis.

She was jailed in 2017 after starting a Senate probe into Duterte's drug war. Earlier, she had clashed with Duterte when, as human rights commissioner, she investigated death squad killings in Davao City, where Duterte was mayor for two decades.

Five witnesses who testified against her in the drug case have recanted their testimony in the past couple of years, leading to hopes that the charges against her will be dropped or that she will be acquitted. De Lima has already been acquitted in two of the three cases brought against her.

"We have waited a long time for this day, believing that what is right and true will always prevail," said Leni Robredo, the former vice president, opposition leader and presidential candidate, under whose ticket de Lima unsuccessfully ran for reelection from prison in 2022.

Amnesty International called on the Marcos administration to ensure De Lima's safety. "The government must now guarantee her safety, security and protection as she remains the target of vilification and threats," it said in a statement.

Vietnam Sentences 18 to Death in Drug Bust. A Vietnamese court has sentenced 18 people to death, including two South Koreans and a Chinese national, after they were convicted of having "illegally stored, trafficked and traded more than 216kg of drugs" between May and June 2020.

The trial took place in the Family and Juvenile Court of the Ho Chi Minh City People's Court. Some drugs were "consumed domestically" while others went to South Korea, the court found.

One man was charged with "illegal transportation of drugs" and "using fake seals or documents of organizations," while the others were convicted of "illegal possession of drug", "illegal trading of drugs", "illegal drug trafficking" and "organization of illegal use of drugs", state media said.

Vietnam has some of the world's toughest drug laws, including the death penalty for anyone caught with more than 21 ounces of heroin or 2.5 kilograms of methamphetamine. More than 100 people were executed last year, though it is unclear how many were drug offenders.

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

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

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

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

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

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

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

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

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

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

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

Asset Forfeiture

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

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

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

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

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

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

International

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

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

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

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

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

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