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KY Governor Bans "Gas Station Heroin," OK, SD MedMJ Bills, More... (3/24/23)

A bill banning minors from buying Delta-8 THC products is signed into law in Kentucky, a bill banning medical marijuana use by pregant or breast-feeding women is signed into law in South Dakota, and more.

Zaza, a product containing the opiate-like drug tianeptine, is now banned in Kentucky. (Creative Commons)
Marijuana Policy

Kentucky Governor Signs Bill Barring Minors from Buying Delta-8 THC Products. Gov. Andy Beshear (D) on Thursday signed into law a bill making it illegal for people under 21 to buy products containing delta-8 THC, a naturally occurring compound typically extracted from hemp-derived CBD that has mild psychoactive effects compared to delta-9 THC and is known colloquially as "marijuana lite." House Bill 544 passed the legislature unanimously directs the Cabinet for Health and Family Services to "immediately begin the process of regulating delta-8 tetrahydrocannabinol and any other hemp-derived substances." It also prohibits "the sale, gift, or sother transfer of possession" of the products to people under 21 years old, and bars anyone under that age from possessing them.

Medical Marijuana

Oklahoma Senate Passes Pack of Medical Marijuana Bills. The Senate on Thursday approved multiple bills aimed at tightening regulations on the state's medical marijuana industry. Senate Bill 264 allows regulators to use ‘secret shoppers’ to discover businesses not following medical marijuana rules and laws. Senate Bill 437 directs the Oklahoma Health Care Authority (OHCA) to develop a registry of physicians following the agency’s original and continuing medical education requirements. All medical marijuana business employees will also need to complete the education requirements. Senate Bill 439  requires regulators to provide a list of qualifying medical conditions to receive a medical marijuana patient license. Physicians will need to hold in-person exams of all license applicants unless the patient is certified as home-bound. It also requires that the two recommending physicians able to prescribe medical marijuana for minors to not be located at the same physical address. Senate Bill 440 limits the THC potency of medical marijuana and related products sold in dispensaries to no more than 1,000 mg of delta-9 THC per package for edible products. Senate Bill 645 requires that any medical marijuana flower, trim, shake, kief, medical marijuana product, or other flower-based product not labeled as a concentrate, sold by licensed processors and commercial growers to licensed dispensaries be pre-packaged and weigh at least half of a gram and no more than three ounces. Flowers are allowed to be packaged in nonopaque materials. Senate Bill 813 allows the state to run a quality assurance lab to direct compliance testing of medical marijuana businesses. The bills now go to the House.

South Dakota Governor Signs Trio of Medical Marijuana Bills. Gov. Kristi Noem (R) on Thursday signed into law three bills dealing with medical marijuana: House Bill 1053 bars pregnant or breast-feeding women from being certified for medical marijuana. House Bill 1132 revises the duties of the Medical Marijuana Oversight Committee (MMOC), adding that the committee shall make recommendations regarding and medical and clinical aspects of the medical cannabis program. House Bill 1150 waives patient fees in some circumstances and requires practitioners to certify whether they have previously certified a patient for medical marijuana.

Drug Policy

Kentucky Governor Signs Emergency Order Making "Gas Station Heroin" a Controlled Substance. Gov. Andy Beshear (D) on Thursday issued an emergency order classifying products containing tianeptine, a previously unregulated drug colloquially known as "gas station heroin," as a Schedule I controlled substance under state law. The drug produces opioid-like effects and is sold in products such as ZaZa, Tianna, TD Red and Pegasus. "Today, Kentucky became a safer place," said Gov. Beshear. "Until now, someone looking for a heroin-like high could walk into certain places or buy this harmful product online. We’re committed to protecting Kentuckians from this kind of harm, and if someone is struggling with abuse, we’re here to help."

OR Issues First Psilocybin License, AZ Nonprofits Can Now Get Marijuana Justice Funds, More... (3/23/23)

Memphis cops really like seizing people's cars, the Swiss will have a summer of marijuana legalization pilot projects, and more.

Therapeutic psilocybin is coming to Oregon. The first license has just been issued. (Pixabay)
Marijuana Policy

Arizona Nonprofits Can Now Apply for Justice Reinvestment Grants Funded by Marijuana Taxes. Nonprofit groups that run justice reinvestment programs—helping incarcerated and formerly incarcerated people—are now eligible to apply for the first round of state marijuana funds for those programs. When voters legalized marijuana in 2020, they initiative they approved included a Justice Reinvestment Fund, setting aside 10 percent of marijuana taxes and fees to fund it. Most of that money is set aside for state and county public health departments, but nonprofits are eligible for the remainder. According to the Department of Health Services, $5.9 million will be available to the nonprofits during this grant round.

Psychedelics

Oregon Issues State's (and Nation's) First Psilocybin License. The Oregon Health Authority on Wednesday issued the state's first psilocybin license as part of the nation's first regulatory framework for therapeutic psilocybin services. The license was for producing psilocybin and was issued to Satori Farms PDX LLC in Portland. Meanwhile, in southern Oregon, the city of Medford has received its first two applications for psilocybin-related licenses, one for production and one for a service center where the drug would be administered to clients. The Oregon Psilocybin Services team started taking applications for four license types in January, and more licenses to laboratories, service centers, and facilitators are expected in the coming months.

Asset Forfeiture

Memphis Police Had Practice of Seizing Vehicles for Minor Offenses, Including Drug Offenses. Seizing the vehicles of minor offenders, including drug offenders, has become a favored policing tactic in the city, where the elite anti-crime Scorpion unit, the unit responsible for the beating death of Tyre Nichols in January, was only one of several police teams in the city making widespread use of vehicle seizures. Tennessee has some of the loosest asset forfeiture laws in the nation, and many people whose vehicles were seized were never convicted of a crime. Even those who were not convicted of a crime were forced to pay large fees to recover their vehicles. The Scorpion unit, now disbanded, was especially prolific in seizing vehicles, seizing 270 of them in its first few months of operation. Shawn Douglas Jr. was one of the victims. He was stopped by police who found two clear bags of marijuana in his backpack. He was arrested and his car impounded. The charges were later dropped, but Douglas had to pay $925 in fees.

International

Swiss Pilot Projects on Marijuana Set for This Summer. The city of Zurich is among several Swiss jurisdictions that will launch pilot project studies of the regulated sale and consumption of marijuana this summer. Other studies with universities are also set for Basel, Bern, Lausanne, Geneva, Biel, Thun, Olten, and Winterthur. The country has allowed for the use of low-THC medical marijuana since 2011 and decriminalized pot possession in 2013, but people still face fines if caught and there is no legal source of supply. These pilot projects are expected to lay the groundwork for eventual legalization.

DEA Warns on Fentanyl Laced with "Tranq," Taliban Bans Marijuana Cultivation, More... (3/21/23)

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

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

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

Opiates and Opioids

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

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

International

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

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

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

Sheriffs' Group Call on Congress to Act Against Cartels, DE Legal Pot Bill Advances, More... (3/16/23)

The Texas Senate has approved a bill raising fentanyl penalties, a Delaware Senate committee advances a pair of marijuana legalization and regulation bills, and more.

Fentanyl. Texas is the latest state to experiment with charging sellers with murder if an overdose happens. (Creative Commons)
Marijuana Policy

Delaware Senate Committee Approves Marijuana Legalization, Regulation Bills. Marijuana legalization is one step closer after the Senate Health and Social Services Committee approved a pair of House bills that would legalize marijuana ( House Bill 1) and regulate legal marijuana commerce (House Bill 2). Last year,a similarly bifurcated legalization effort came up short, with the House failing to pass the regulation bill and Gov. John Carney (D) vetoed the legalization bill. But this year, House bill sponsor Rep. Ed Osienski (D) says he is "optimistic" and feels "pretty good" about being able to override any veto. Meanwhile, HB 1 now heads for a Senate floor vote, while HB 2 must first get past the Senate Finance  Committee.

Drug Policy

Texas Senate Approves Bill to Increase Fentanyl Penalties. The Senate on Wednesday approved Senate Bill 645, which would open the door for prosecutors to charge people who make and sell fentanyl with murder. The bill does so by classifying fentanyl overdoses as "poisonings." The bill would also make delivery of less than one gram of fentanyl a third-degree felony. It is currently a lower-level state jail felony. If someone dies because of that delivery, it becomes a second-degree felony. State jail felonies have a maximum sentence of two years, third-degree felonies garner up to 10 years, and second-degree felonies can earn up to 20 years. The bill now heads to the House.

Foreign Policy

National Sheriff's Association Calls on Congress to Take Immediate Action Against Mexican Cartels. In the wake of the killing of two US citizens in Matamoros, Mexico, last weekend and the ongoing fentanyl overdose crisis, an association representing some 3,000 county sheriffs is calling on Congress to act now against Mexican drug cartels. "The nation’s sheriffs strongly support the American people’s continued demand that our federal government use whatever means appropriate to combat these deadly cartels," Sheriff Jim Skinner, chair of the National Sheriffs’ Association Government Affairs Committee, said in a statement. The group is calling on Congress to use its authority to create a "comprehensive system of further manpower and other tools that prevent any illicit drugs from being produced, smuggled and sold on American streets." Some members of Congress have been calling for more action, including designated the cartels as foreign terrorist organization and even calling for US military action inside Mexico. 

Bolivia to Seek End to UN Ban on Coca Leaf, Biden Budget Keeps Ban on DC Pot Sales, More... (3/14/23)

A trio of psychedelic research bills is filed in Texas, a Maine bill would allow for marijuana consumption at pot shops, and more.

Coca leaf chewing is a traditional practice in Bolivia. (Creative Commons)
Marijuana Policy

Biden Budget Maintains Ban on Allowing DC Marijuana Sales. The Biden administration's Fiscal Year 2024 proposed budget retains an appropriations rider blocking the Justice Department from interfering in legal marijuana states, but also, for the third year in a row, retains a rider blocking the District of Columbia from allowing legal marijuana sales. The rider blocks the District from using local tax dollars to implement a system of regulated adult marijuana sales. "For the third time in his presidency, the president’s proposed budget would, unfortunately, block D.C. from spending its own local funds to commercialize marijuana," said Del. Eleanor Holmes (D).

Maine Bill Would Allow Social Consumption Lounges. A bill that would allow people to consume marijuana products in stores that sell them, LD 839, got a hearing Monday in the Committee on Veterans and Legal Affairs. No vote was taken. Current state law allows only for marijuana use on private property, and businesses are not included. Use in public places is prohibited. When voters approved marijuana legalization in 2016, on-site consumption was included, but legislative action removed that. "In that citizen's initiative, there was a component for onsite consumption, social clubs. Unfortunately, that got voted away in the legislative process but it’s time to restore that," Rep. David Boyer (R-Poland) said.

Psychedelics

Texas Lawmakers File Trio of Psychedelic Research Bills. The legislature has a trio of psychedelic research bills before it. House Bill 4288, sponsored by Rep. Richard Peña Raymond (D), would amend an existing state law mandating a study of the risks and benefits of ketamine, MDMA, and psilocybin for therapeutic use in veterans; House Bill 4423, sponsored by Rep. Josey Garcia (D), would create a Psilocybin Research Advisory Council to advise the Health and Human Services Commission and the legislature on psilocybin research and treatment; and House Bill 4561, sponsored by Rep. Julie Johnson (D), would create a new Alternative Mental Health Therapy Research Consortium that would be charged with researching "the efficacy of providing mental health care through the provision of psychedelic drugs and ketamine, focusing on the provision of mental health care to veterans in this state through the use of those alternative therapies."

International

Bolivia Tells UN It Will Launch Bid to End International Coca Leaf Prohibition. Bolivia told a United Nations drug policy meeting in Vienna that it will move to end the international prohibition on the coca leaf, which has traditionally been used by people in the Andes to combat hunger and altitude sickness for thousands of years, but was banned by the 1961 Single Convention on Narcotic Drugs. "A historic mistake was made in 1961," Bolivian Vice President David Choquehuanca said at the 66th session of the United Nations Commission on Narcotic Drugs (CND). Choquehuanca said Bolivia will exercise its right as a signatory to that treaty and seek a "critical review" of the coca leaf's properties and its classification. Colombia has already said it will support Bolivia in its effort.

Opioid Settlement Causing Problems for Patients, MD Legal Pot Regulation Bill Passes House, More... (3/13/23)

The Justice Department is open to Sentencing Commission marijuana guideline reforms, a Texas bill to remove jail time for pot possession advances, and more.

It's not just opiates. A settlement between drug distributors and states is leaving lots of patients in the lurch. (DEA)
Marijuana Policy

Justice Department Backs Proposed Marijuana Sentencing Guideline Reform to Treat Past Convictions More Leniently. The Justice Department is in agreement with a US Sentencing Commission proposal to update sentencing guidelines to treat past marijuana possession offenses more leniently. Such a move would align with the Biden administration's "sentiment" toward reforming marijuana policy. The backing by DOJ came last Wednesday when a federal prosecutor testified at a public hearing on the proposal in support of it. The Sentencing Commission had made the recommendation back in January. The commission's proposal does not remove marijuana convictions as a criminal history factor, but it would "include sentences resulting from possession of marihuana offenses as an example of when a downward departure from the defendant’s criminal history may be warranted."

Bipartisan Bill Punishing Illegal Marijuana Grows Filed. Reps. Doug LaMalfa (R-CA) and Scott Peters (D-CA) have filed the Targeting and Offsetting Existing Illegal Contaminants (TOXIC) Act, which would provide funding to clean up toxic wastes at marijuana grows on federal lands and increase criminal penalties "for using banned pesticides in illegal cannabis cultivation to a maximum of 20 years in prison and $250,000 in criminal fines to establish parity with the criminal penalties for smuggling banned pesticides into the US." The same pair filed the same bill in the last Congress, but it went nowhere.

Maryland House Approves Legal Marijuana Regulation Bill. The House voted last Friday to approve a measure to create a legal framework and tax structure for legal marijuana sales, House Bill 556. The bill now goes to the Senate, which is also advancing its own separate regulatory measure. If the legislature can come to agreement, legal sales could begin as early as July 1. The bill passed by the House would allow existing medical marijuana dispensaries to obtain dual licenses to sell recreational marijuana. The bill also contains equity provisions giving licensing priority to minority owners in communities adversely affected by the war on drugs.

Texas Marijuana Decriminalization Bill Wins Committee Vote. The House Criminal Jurisprudence Committee voted unanimously last week to approve a bill to decriminalize the possession of up to an ounce of marijuana, House Bill 218. Possession of less than two ounces is currently a misdemeanor punishable by up to six months in jail. Under this bill, possession would still be a misdemeanor (so not technically decriminalization), but without the possibility of arrest of jail time. Instead, offenders would be cited and fined up to $500. The bill now awaits a House floor vote.

Opiates and Opioids

US Opioid Settlement Causing Problems for Patients. The $21 billion settlement between pharmaceutical distributors and attorneys general in 46 states over the companies' role in the early stages of this century's opioid epidemic is having unintended consequences not only for opioid patients, but also for people trying to obtain controlled substances to treat many conditions, including anxiety, attention deficit hyperactivity disorder and addiction. As a result of the settlement, the distributors are now tightening rules for these drugs, resulting in the cancellation of tens of thousands of drug orders and leaving patients in the lurch. The new controls have created "havoc in pharmacies, said Ilisa Bernstein, chief executive of the American Pharmacists Association. "They have patients coming in to get medication, and they can’t have it. It's disrupting patient care." 

DE House Approves Marijuana Regulation Bill, Federal Asset Forfeiture Reform Bill Filed, More... (3/10/23)

Nevada lawmakers filed a bill to legalize magic mushrooms, bipartisan senators file a federal asset forfeiture reform bill, and more.

Mexican President Lopez Obrador flatly rejects calls from GOP lawmakers for US military force in Mexico. (Creative Commons)
Marijuana Policy

Delaware House Passes Legal Marijuana Regulation Bill. The House on Thursday voted 27-13 to approve House Bill 2, which would set up a regulatory framework for adult-use marijuana sales. The move comes just days after the House approved House Bill 1, which would legalize possession of up to one ounce of cannabis for adults. Last year, the legislature passed marijuana legalization, only to see it vetoed by Gov. John Carney (D). This year, however, HB 1 passed with a veto-proof majority, and HB 2 passed with one fewer vote with one member absent. That single vote is the difference between a veto-proof majority and a lack of one. The bills must now pass the Senate being going to the governor.

Psychedelics

Nevada Magic Mushroom Legalization Bill Filed. State Sens. Rochelle Nguyen (D) and Fabian Donate (D) filed Senate Bill 242 Thursday. The measure would legalize the possession of up to four ounces of fungi containing psilocybin or psilocyn, the hallucinogenic compounds in magic mushrooms. The bill would also allow a research facility to ask for state approval to study the therapeutic effects of magic mushrooms as well as MDMA for mental health conditions. The bill also has two joint sponsors in the lower chamber, Assemblymembers Max Carter (D) and Elaine Marzola (D). It is currently pending in the Senate Health and Humau Services Committee.

Asset Forfeiture

Bipartisan Federal Asset Forfeiture Reform Bill Filed. US Reps. Jamie Raskin (D-MD)  and Tim Walberg (R-MI) on Thursday reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), a comprehensive reform to our nation's civil asset forfeiture laws. The FAIR Act raises the level of proof necessary for the federal government to seize property, reforms the IRS structuring statute to protect innocent small business owners, and increases transparency and congressional oversight. Joining Walberg and Raskin as original co-sponsors of the FAIR Act are Reps. Kelly Armstrong (R-ND), Tony Cárdenas (D-CA), Tom McClintock (R-CA), and Joe Neguse (D-CO). "The lawless seizure and ‘forfeiture’ of people’s private property by police officers is becoming standard operating procedure in many parts of the country," said Rep. Raskin. "We want to restore the presumption of innocence, fair judicial process, and the opportunity to be heard. I’m proud to introduce this important bipartisan legislation with my friend Rep. Walberg to rein in civil asset forfeiture and restore due process rights."

International

International Narcotics Control Board Warns on Marijuana Legalization. As it launched its annual report Thursday, the International Narcotics Control Board issued a press release emphasizing its concerns with marijuana legalization. "Moves by a small number of governments to legalize the non-medical use of cannabis have led to increased consumption without explaining the potentially serious health dangers that users face from the drug" the INCB warned. That is leading to "negative health effects and psychotic disorders," the drug watchdog continued. In all jurisdictions where cannabis has been legalized, data show that cannabis-related health problems have increased," INCB said. It pointed out that between 2000 and 2018, "global medical admissions related to cannabis dependence and withdrawal increased eight-fold. Admissions for cannabis-related psychotic disorders have quadrupled worldwide."

Mexico President Tells GOP Lawmakers Urging US Military Force Against Cartels in Mexico to Take a Hike. Aiming directly at Republican lawmakers who have urged the Biden administration to unleash the US military against Mexican drug cartels on their own territory, Mexican President Andres Manuel Lopez Obrador on Thursday flatly rejected the notion. "We are not going to allow any foreign government to intervene and much less foreign armed forces to intervene in our territory," López Obrador said, adding that he would ask Americans of Mexican and Hispanic origin not to vote for Republicans if their "aggression" continued. Lopez Obrador also downplayed Mexico's role in fentanyl production and said Americans needed to solve their drug problem on their side of the border. Pressure to do something about the cartels has only risen as the US overdose death toll has risen and was ratcheted up this week by the kidnapping of four Americans in Matamoros, two of whom were shot and killed by members of a Gulf Cartel-affiliated gang. 

MN Marijuana Legalization Bill Advances Again, WA Senate Approves Psychedelic Research Bill, More... (3/9/23)

Indiana marijuana reform bills appear dead in the water, Lindsay Graham will file a bill designating Mexican cartels as terrorists organizations, and more.

Sen. Lindsey Graham (R-SC) is ready to go to war with Mexican cartels. (senate.gov)
Marijuana Policy

Indiana Marijuana Legalization, Medical Marijuana Bills Not Moving. Lawmakers filed both a marijuana legalization bill, House Bill 1039 and a medical marijuana bill, Senate Bill 237, in January, but neither of them is moving. The legalization bill has been referred to the House Committee on Public Health, and the medical marijuana bill has been referred to the House Committee on Health and Provider Services, but neither has seen any action and none is scheduled.

Minnesota Marijuana Legalization Bill Wins Two More Committee Votes. The marijuana legalization bill, House File 100, has been approved by the House Economic Development Finance and Policy Committee, marking the 12th committee it has passed. Meanwhile, the Senate version of the bill, passed its ninth committee, bringing the bill ever closer to final floor votes in each chamber. Gov. Tim Walz (D) is pushing lawmakers to get it done this session, and lawmakers are confident it will happen.

Psychedelics

Washington Senate Approves Scaled-Back Psychedelic Research Bill. The Senate has approved Senate Bill 5623, which originally would have set a therapeutic psychedelic services regime similar to the one now in place in Oregon, but was amended to merely creating a task force to promote research into psilocybin and developing a path toward legal access to the drug. After being amended, the bill passed the Senate on a 41-7 vote, and now heads to the House.

Foreign Policy

Lindsay Graham to File Bill Designating Cartels as Terrorist Groups, Setting Stage for Military Force. Sen, Lindsay Graham (R-SC) said Monday that he plans to file a Senate bill that would designate Mexican drug trafficking organizations as terrorist groups, clearing the way for the US to use military force against the heavily-armed cartels. Appearing on Fox New in the wake of the killing of two Americans by apparent drug gang members in Matamoros last weekend, Graham said: "I would do what Trump did. I would put Mexico on notice. If you continue to give safe haven to fentanyl drug dealers, then you’re an enemy of the United States. Seventy to one hundred thousand people have died from fentanyl poisoning coming from Mexico and China and this administration has done nothing about it," he claimed falsely. Citing an op-ed in the Wall Street Journal last week by former Trump Attorney General Bill Barr, Graham unveiled his plan for the bill: "[Following Bill Barr’s idea,] I’m going to introduce legislation, to make certain Mexican drug cartels foreign terrorist organizations under U.S. law and set the stage to use military force if necessary to protect America from being poisoned by things coming out of Mexico." Barr's op-ed called for "a far more aggressive American effort inside Mexico, including a significant U.S. law-enforcement and intelligence presence, as well as select military capabilities."

Oklahoma Marijuana Legalization Initiative Defeated [FEATURE]

Voters in Oklahoma resoundingly rejected the State Question 820 marijuana legalization initiative Tuesday in an election where it was the only thing on the ballot. With 99 percent of the vote in, it was losing 38.3 percent to 61.7 percent.

Because marijuana was the only item on the ballot, the number of people voting was much smaller than in last November's general election. Then, more than 1.1 million people cast ballots, but this week, only 566,000, or about half as many voters, turned out.

The initiative should have been on last November's general election ballot. The group behind the measure, Oklahomans for Sensible Marijuana Laws, turned in 69,000 more signatures than needed in a timely fashion, but private contractors hired by the Secretary of State's office took an excessive amount of time to verify the signatures.

Between that and questionable legal challenges from opponents, approval of the measure was so delayed that the state Supreme Court ruled weeks before the election that the measure would have to wait for the 2024 general election or until the governor or legislature calls a special election. Gov. Kevin Stitt (R) then announced the March 7 date.

The measure would have allowed people 21 and over to possess up to an ounce of marijuana and eight grams of marijuana concentrates and grow up to six plants and six seedlings at home. It also would have protected parents from losing custody or visitation rights solely because of marijuana use and states that parolees and probationers cannot be punished for marijuana use. Nor could the odor of marijuana or burnt marijuana be used as probable cause for police to infer that a crime had been committed. And it included a provision for the expungement of some past marijuana offenses.

The measure would have up a system of taxed, licensed, and regulated marijuana commerce, but for the first two years, marijuana business licenses would go only to existing medical marijuana businesses that have been operating for at least a year. The state is now also under a moratorium on new grower, processor and dispensary licenses until August 2024, meaning any potential new pot business operators would have had to wait awhile to get in the game.

The state's robust -- some would say Wild West -- medical marijuana system may have convinced some voters that further moves were not necessary. Under Oklahoma law, medical marijuana can be recommended for just about any condition, and the state has nearly 400,000 enrolled patients -- about 10 percent of all adults in the state. There are also already some 12,000 licensed medical marijuana businesses, some of which have been in the news for unsavory reasons.

Tuesday's defeat may embolden marijuana critics in the state legislature to move to tighten controls on the state's medical marijuana program.

"The anti-revolutionary forces want to return Oklahoma to their dream of this bygone era," said Lawrence Pasternack, a legalization advocate who's written extensively about marijuana in the state. "They see marijuana as anathema to that dream."

Those forces would include Republican Gov. Kevin Stitt and most of the state's Republican political establishment. Also prominent in the opposition camp was former Gov. Frank Keating, an ex-FBI agent, who headed the "no" campaign.

"Oklahoma is a law and order state," Stitt said after Tuesday's vote. "I remain committed to protecting Oklahomans and my administration will continue to hold bad actors accountable and crack down on illegal marijuana operations in our state."

It's been a tough run for marijuana legalization initiatives lately. Last November, Maryland and Missouri approved legal weed, but Arkansas, North Dakota, and South Dakota did not. And now Oklahoma has joined that red state rejectionist club, and the Republicans are casting the hairy eyeball on the existing medical marijuana system.

DE House Approves Marijuana Legalization, Anti-Cartel Resolution Filed in House, More... (3/8/23)

The Oklahoma marijuana legalization initiative gets crushed at the polls, a bipartisan federal bill to ease the rescheduling of therapeutic psychedelics gets filed, and more.

A congressional resolution would authorize the use of military force against Mexican cartels on the Mexican side of the border.
Delaware House Approves Marijuana Legalization Bill; Marijuana Regulation Bill Pending. The House on Tuesday gave final approval to House Bill 1, which legalizes the possession of up to an ounce by adults. Bill sponsor Rep. Ed Osienski (D) is also sponsoring House Bill 2, which would set up a regulatory system for marijuana commerce. That bill has passed out of committee and is awaiting a House floor vote. Last year, Osienski took a similar bifurcated path, with the legalization bill passing but the regulatory bill failing. Gov. John Carney (D) then vetoed the legalization bill. This year, the legalization bill passed with a veto proof majority.

Hawaii Senate Approves Marijuana Legalization Bill. The Senate voted overwhelmingly Tuesday to approve a marijuana legalization bill, Senate Bill 669. The bill would legalize the possession of up to 30 grams, allow for the home cultivation of up to six plants, expunge past possession convictions, and reduce penalties for unlicensed cultivation and sales. The bill also contemplates the existing medical marijuana industry morphing into a full-fledged adult use marijuana market under the aegis of a Hawaii Cannabis Authority. The bill is now before the House.

Oklahoma Marijuana Legalization Initiative Defeated. Voters on Tuesday decisively defeated a marijuana legalization initiative, State Question 820 by a margin of 62 percent to 38 percent. See out feature story later today for full coverage.

Psychedelics-                                                                                          

Bipartisan "Breakthrough Therapies Act" Updated and Filed. Sens. Rand Paul (R-KY) and Cory Booker (D-NJ) and Reps. Madeleine Dean (D-PA) and Nancy Mace (R-SC) on Thursday filed the "Breakthrough Therapies Act," which would streamline the federal rescheduling of drugs such as psilocybin and MDMA for therapeutic purposes. The bill would amend the Controlled Substance Act to create a pathway for current Schedule I drugs that could be deemed breakthrough therapies by the Food and Drug Administration (FDA) to qualify for a waiver under the Food, Drug, and Cosmetic Act and be moved to Schedule II, which is reserved for drugs with "currently accepted medical use with severe restrictions."

Missouri Therapeutic Psychedelic Bill Advances. The House Veterans Committee on Tuesday approved House Bill 1154, which would promote research into the therapeutic potential of psychedelics such as ketamine, MDMA, and psilocybin. The bill passed out of committee on a unanimous vote. The bill now awaits a possible House floor vote, which is yet to be scheduled.

Foreign Policy

.Reps. Dan Crenshaw (R-TX) and Tim Walz (R-FL) on Monday filed a resolution, HJ Res. 18 "to authorize the use of United States Armed Forces against those responsible for trafficking fentanyl or a fentanyl-related substance into the United States or carrying out other related activities that cause regional destabilization in the Western Hemisphere." The resolution is cutely titled "Authorization for the Use of Military Force to Combat, Attack, Resist, Target, Eliminate, and Limit Influence Resolution" or the "AUMF CARTEL Influence Resolution." The bill specifically lists nine Mexican drug trafficking organization to be targeted, including the Sinaloa Cartel, the Jalisco New Generation Cartel, the Gulf Cartel, and Los Zetas. 

Drug War Issues

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