A majority of Floridians are ready to legalize weed, the British government moves to criminalize laughing gas, and more.

The British government is making laughing gas an illegal Class C substance. No more whippets for you Brits! (Creative Commons)

Florida Poll Has Three Out of Five for Marijuana Legalization. A new poll from the University of South Florida and Florida Atlantic University has support for marijuana legalization at 60 percent. That includes 71 percent of Democrats, 59 percent of independents, and 50 percent of Republicans.

The poll comes as Floridians await a decision from the state Supreme Court on whether it will allow a marijuana legalization initiative from Smart & Safe Florida to appear on the ballot next year. The group has already met signature-gathering requirements.

The poll had even stronger support for medical marijuana, with 83 percent overall supporting it, including 87 percent of Democrats, 84 percent of independents, and 78 percent of Republicans.

Sixty percent support is precisely the amount needed for the initiative—a constitutional amendment—to pass at the polls. Given that initiative campaigners commonly seek a 10 percent cushion to be comfortable about their measure's prospects, Smart & Safe Florida is not yet in that comfort zone and needs another 10 percent increase in support to get there.

Virginia Shops Are "Sharing" and "Gifting" Marijuana Amid State's Lack of Legal Sales Mechanism. State Attorney General Jason Miyares has opined that shops "gifting" or "sharing" marijuana with customers are illegal, but they are proliferating anyway as the state grapples with marijuana legalization without a means of legal sales. Some of the stores "gift" marijuana to customers when they buy some other item from the shop, while others act like co-ops or clubs where members "share" marijuana with new members who either buy something or pay for membership.

Teresa Green and a partner own Good Vibes, which has nine shops in the region. She concedes that "gifting" marijuana is illegal but said her stores don't do that. Instead, she calls them "adult share stores," but when asked exactly how that work, she responded: "That’s as clear as I can get with it." She also said she was aware of the attorney general's opinion, but "anyone can have an opinion."

Police and prosecutors in the area are doing little about it and feeling frustrated. "There are so many gray areas that it’s just become impossible to enforce," said Greg Habeeb, a former Republican state delegate from Salem, president of Roanoke-based Gentry Locke Consulting, and representative of the Virginia Cannabis Association Habeeb. "So, a lot of law enforcement just aren’t enforcing it. They feel like their hands are tied."

"I don’t keep up with the popup marijuana stores and so I really don’t have an opinion, except to say that … it’s the Wild West out there," said longtime Roanoke Commonwealth’s Attorney Donald Caldwell. "To simply legalize marijuana and not have any restraints on it. And so, I think God knows what’s going on there. I certainly don’t."

Harm Reduction

Over-the-Counter Narcan Goes on Sale This Month at Major Retailers. The opioid overdose reversal drug naloxone is about to become much more widely available. Emergent BioSolutions, the manufacturer of Narcan, the naloxone nasal spray formulation, announced last week that it had shipped hundreds of thousands of the two-spray kits to major retailers.

The life-saving sprays will be available at CVS, RiteAid, Walgreens, and Walmart, but they won't be especially cheap. The suggested retail price is $44.99.

The Food and Drug Administration approved Narcan for over-the-counter use in March as the nation confronts an overdose crisis that killed an estimated 110,000 last year, with synthetic opioids such as fentanyl implicated in two-thirds of those deaths.

Prescription Narcan is already in wide use—carried by police officers and paramedics; stocked in libraries, schools, and vending machines; and distributed on the streets by harm reduction groups.

International

Britain to Make Laughing Gas an Illegal Class C Controlled Substance. The Conservative government has moved against nitrous oxide, popularly known as laughing gas, by announcing that it will become an illegal Class C substance by year's end. Under British drug laws, possession of a Class C substance is punishable by up to two years in jail, while distribution could garner up to 14 years behind bars.

Currently, supplying laughing gas for recreational use is banned, but possession is not.

The government move is counter to the advice of the Advisory Council on the Misuse of Drugs, which said that the ban would be disproportionate to the amount of harm linked to the drug.

"The British people are fed up with yobs abusing drugs in public spaces and leaving behind a disgraceful mess for others to clean up," said Home Secretary Suella Braverman. "Earlier this year the prime minister and I promised a zero-tolerance approach to antisocial behavior and that is what we are delivering. If you are caught using ‘laughing gas’ as a drug, you could be hit with a hefty fine or face jail time," she added.

Bipartisan lawmakers urge the VA to end its ban on doctors recommending medical marijuana to vets in states where it is legal, Colorado now allows online weed sales, and more.

Colorado Now Allows Online Weed Sales. As of this month, Coloradans can purchase their marijuana online—but they still have to go to the pot shop to pick it up. Gov. Jared Polis (D) in June signed into law House Bill23-1279, which amended the state marijuana law to allow for online sales.

The bill says: "Licensed retail marijuana store may accept payment online for the sale of retail marijuana and retail marijuana products."

"What the bill mainly aims to do, from my perspective, is reduce cash in the marijuana space, which is something that is exceedingly important to do because when there is a tremendous amount of cash in any industry, it can lead to some troubling outcomes—specifically things like robbery," said Sen. Kevin Van Winkle (D). "It sets them up for tremendous amount of potential theft, and other things."

Maryland Lawmakers Looking to Amend Marijuana Legalization Law. The state's marijuana legalization law has performed admirably as the state's two-month-old legal marijuana industry nears $100 million in sales, but even so, key lawmakers are signaling that it is likely to be amended in the coming legislative session.

Maryland’s cannabis industry is less than two months old and lawmakers and regulators are already contemplating tweaks in the coming General Assembly session.

"I think everybody, the governor’s office, Cannabis Administration, ATCC [Alcohol, Tobacco and Cannabis Commission], and the legislators are evaluating everything to see if there’s stuff," said Will Tilburg, acting director of the Maryland Cannabis Administration.

Still, Tilburg and Senate Finance Committee Chair Melony Griffith (D) said some tweaks may be attempted when the legislature reconvenes next year.

"I mean, alcohol was legalized 90 years ago with the repeal of prohibition," said Tilburg. "Every year, there’s a few hundred bills related to the alcohol industry. So, we do expect that this year in the 2024 session and moving forward, we will see additional legislation to tweak this industry."

"I don’t think there’s any possibility we get through the ’24 session without some tweaking on the cannabis," Griffith said. "This is not going to be ‘We fixed it and we’ve solved all the issues and we’ll never have a bill on this subject again.’"

But neither offered any specifics.

Medical Marijuana

Bipartisan Lawmakers Ask VA Secretary to End Ban on Doctors Recommending Medical Marijuana to Vets. Three co-chairs of the Congressional Cannabis Caucus—Reps. Barbara Lee (D-CA), Earl Blumenauer (D-OR) and Dave Joyce (R-OH)—have sent a letter to Veterans Affairs Secretary Denis McDonough expressing "deep concern" that a recently updated VA marijuana directive continues to bar doctors from recommending medical marijuana to veterans in states where it is legal.

The VA "has once again denied the reality of medical marijuana as a key treatment option" for veterans with post-traumatic stress disorder (PTSD), chronic pain and other health conditions, the lawmakers wrote. The decision to continue with the "harmful policy" on medical marijuana recommendations was "alarming," they added.

"We urge you to reconsider this misguided prohibition that prevents these health professionals from considering the full range of available treatment options in consultation with their patients," the lawmakers wrote. "Giving VA providers the discretion to recommend or not recommend medical marijuana as best serves their patients would improve veterans’ services and stop forcing them to self-medicate or seek care outside of the VA system," the letter says. "It would not put providers at risk of federal prosecution from the Department of Justice and its agencies."

"Many veterans already report using cannabis for medical purposes as a substitute for prescription drugs and their side effects," they added. "VA is isolated in its continued denial of this treatment option for veterans. No one is better qualified to make recommendations on care for their patients than veterans working with their VA health care providers," the letter continues. "We applaud VA’s continued protection from retribution against veterans using medical marijuana. However, reaffirming the prohibition on recommendations, referrals, and forms for state-authorized medical marijuana puts stigma in the VA ahead of the needs of veterans. It is past time for VA to become a better partner in the path forward on this issue for our veterans. Instead of blocking veterans from equal access to this treatment option, VA should participate in the additional research and education we owe to patients and the public. We urge you to rethink the detrimental prohibition against providers serving their patients to the best of their ability where medical marijuana is authorized and regulated by their states."

Wisconsin's Democratic governor signs a bill heightening penalties for fatal drug overdoses, Israel's Health Ministry says patients can be prescribed marijuana beginning in December, and more.

Ron DeSantis tries to pick up some steam by threatening to violently attack Mexican drug cartels. (myflorida.com)

San Francisco Magic Mushroom Churches Have Authorities Befuddled. At least two magic mushroom churches where residents can purchase the hallucinogenic fungus have opened this year in the city, and the city has yet to figure out how to respond. One is Zide Door, an offshoot of a similar operation across the bay in Oakland; the other is the Living Church in Lower Nob Hill.

Magic mushrooms are illegal under both state and federal law, but were declared a lowest law enforcement priority in the city in 2022. Last December, police raided a Haight Street storefront for illegally selling magic mushrooms, but that raid generated criticism from Supervisor Dean Preston, who questioned why city police " chose to use extensive resources on a drug bust for substances the city considers to be of lowest priority." That case remains unresolved.

City officials have yet to move against the magic mushroom churches amid speculation that the churches may resort to a religious exemption defense to any potential charges. A handful of churches across the country have won the right to use psychedelics ceremonially, although San Francisco attorney Graham Pechenik, who specializes in marijuana and psychedelic law, warned that the religious argument is not all-encompassing.

"Merely claiming to be a church and having customers 'join' the church is unlikely to provide a shield against prosecution, and even providing church services under a defined set of beliefs may be insufficient to win in court," he said.

Sentencing Policy

Wisconsin Governor Signs Drug Dealer Murder Bill into Law. Gov. Tony Evers (D) last Friday signed into law Senate Bill101, which increases the penalty for first-degree reckless homicide involving drugs. The bill moves the offense from a Class C felony to a Class B felony and makes drug dealers and userseligible for sentences of up to 60 years if they are involved in a fatal overdose.

The bill has been criticized for lacking protections for people who use drugs with others, including Good Samaritans who call for help when someone overdoses. The ACLU of Wisconsin blasted Evers for signing it into law.

"The decision by Gov. Evers today to sign SB 101 into law represents a step in the wrong direction in Wisconsin's fight against drug overdoses. If we've learned anything from the failed War on Drugs, it's that we cannot incarcerate our way out of addiction and drug use. Yet, after decades of abject policy failure, we are still repeating the same mistakes," said James Stein, deputy advocacy director of the ACLU of Wisconsin.

"The law enacted today is deeply misguided and counterproductive. It further entrenches us in destructive cycles of criminalization and punishment that devastate our communities -- particularly Black and Brown communities -- while doing little to nothing to combat drug problems. While purporting to crack down on drug distribution, SB 101 could lead to an increase in fatal overdoses, as people might be less likely to seek medical attention for someone overdosing out of fear of prosecution. In addition, an extensive body of research -- as well as our own lived experiences -- tells us that punitive drug laws don't reduce drug use, addiction, or overdose," Stein continued.

Foreign Policy

DeSantis Doubles Down on Deadly Force Promise Against Mexican Drug Cartels. As he continued to pursue the Republican presidential nomination last Friday, Florida Gov. Ron DeSantis doubled down on an earlier commitment to use force against Mexican drug cartels to block the flow of fentanyl coming through the southern border.

"Day one, we're declaring it to be a national emergency," DeSantis said. "I'm going to do what no president has been willing to do. We are going to lean in against the cartels directly, and we are going to use deadly force against them."

That would involve the use of the US military in lethal offensive operations in Mexico, something that Mexican President Andres Manuel Lopez Obrador has angrily rejected. But it is only one of a panoply of increasingly aggressive policy prescriptions aimed at the cartels coming out of Republican precincts as the death toll from fentanyl overdoses rises.

International

Israel Health Minister Says Patients Can Be Prescribed Medical Marijuana Beginning in December. The Health Ministry has announced that doctors will be able to prescribe marijuana to patients beginning in December. Currently, patients need a license to use medical marijuana.

The change is intended to make it easier for patients to get access to the drug and to remove bureaucratic obstacles. The ministry said it will review the changes after one year.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New York GOP politicos want to ban public pot smoking, California is paying meth users who test negative, and more.

Magic mushrooms are among the natural psychedelics that are now the lowest law enforcement priority in Minneapolis. (CC)

New York Republicans Want to Ban Public Marijuana Use. Republican state lawmakers are calling for a ban on public marijuana smoking and have proposed a bill, Assembly Bill 7612, that seeks to achieve that end by allowing local governments to put bans in place at the county or municipal level. The bill also would require local governments to affirmatively act to allow public marijuana use.

"State residents, including children, are now regularly assailed with the pungent odor of marijuana on public sidewalks, in parking lots and other public spaces," said Sen. George Borrello (R), sponsor of the Senate version of the bill (Senate Bill 7604). "Many New Yorkers don't want to be exposed to either the effects of marijuana smoke or its smell and don't want their children subjected to it."

The Republican bills seek fines of up to $125 for public marijuana consumption.

Drug Treatment

California Fights Meth Addiction with Gift Cards. After receiving a waiver from the federal Centers for Medicare and Medicaid Services, the state is beginning a pilot program in 24 counties to treat methamphetamine dependency by contingency management, a non-pharmaceutical intervention that reduces use by paying program participants who stay off the drug. Successful participants get gift cards for not testing positive for meth.

Without the federal waiver, the program had been blocked because the state could not cover the costs of the program. California is the first state in the nation to obtain such a waiver.

Among the localities participating in the pilot program are Los Angeles, Sacramento, and San Francisco. In the latter city, Zuckerberg San Francisco General Hospital opened enrollment for the pilot program last week and ultimately seeks to serve 50 participants. They will be tested once or twice a week and will receive a $10 gift card each time they test negative, up to $599. That's the limit because payments of $600 or more need to be reported to the Internal Revenue Service.

A similar program in the Department of Veterans Affairs has been ongoing since 2011 and has proven successful.

Psychedelics

Minneapolis Mayor Makes Psychedelics Lowest Law Enforcement Priority. Mayor Jacob Frey (DFL) last Friday issued an executive order making the use and possession of certain psychedelic drugs the lowest law enforcement priority. That makes the city the latest major city after Denver, Detroit, and Washington, DC, to adopt a more permissive stance toward psychedelics. A number of smaller cities have also enacted psychedelic reforms.

Frey said he hoped the move would contribute to national rethinking of prohibitionist drug laws and that it would draw attention to the role plant-based psychedelics can play for people dealing with depression, trauma and addiction.

"We have a mass proliferation of deaths of despair," he said, citing the nation's high rates of suicide and opioid abuse. "This is something that is known to help."

International

Albania Parliament Approves Medical Marijuana. The parliament last Friday voted 69-23 to legalize marijuana for medical purposes. It is not clear how it will be regulated, but the government believes legalizing it can boost tax revenues.

The country had been a leading illegal marijuana producing country in Europe, but after a police officer was killed raiding a marijuana operation in 2014, the government instituted a crackdown on the black market, which at the time accounted for more than two-thirds of the country's gross national product.