A bipartisan bill addressing xylazine gets filed, Texas Republican senators block a fentanyl test strip bill, and more.

Psychedelics

Colorado Senate Advances Psychedelic Regulation Bill Without Local Ban Authority. The Senate on Tuesday approved Senate Bill 23-290, which amends the regulatory framework created by the voter-approved Natural Medicine Act. The bill creates regulations for unlicensed psychedelic facilitators, restrictions on home mushroom and natural medicine cultivation, and criminal penalties for the unlicensed sale of those substances. Under the bill, the Department of Revenue, which already oversees the state's liquor, marijuana, and gambling industries, would regulate licensed psychedelic manufacturing, distribution, and other business activities. The bill does not include language allowing local governments to ban psychedelic businesses. The bill now goes to the House, where it first heads to the House Finance Committee.

Drug Policy

Senators Cruz and Welch File Bill Targeting Xylazine. Senators Ted Cruz (R-TX) and Peter Welch (D-VT) on Wednesday filed the Testing, Rapid Analysis, and Narcotic Quality (TRANQ) Research Act to address the rapid rise of the veterinary tranquilizer as a drug used in conjunction with street narcotics. The Office of National Drug Control Strategy (ONDCP -- the drug czar's office) designated xylazine mixed with fentanyl as an "emerging threat" earlier this month.

While xylazine has some opioid-like properties, it is not an opioid and is not responsive to opioid overdose reversal drugs. It is also linked to physical ailments such as necrosis, which can result in the loss of limbs.

The TRANQ Research Act "directs the National Institute of Standards and Technology (NIST) to take steps to enhance understanding of tranq and other novel synthetic drugs, develop new tests for detection, and establish partnerships with front-line entities that are often the first points of contact with new street drugs." It does not contain any criminal provisions. Companion legislation has also been filed in the House.

Harm Reduction

Texas Fentanyl Test Strip Decriminalization Bill Stalled in Senate. Even as the state faces a fentanyl overdose crisis, Senate Republicans are blocking action on a bill to decriminalize fentanyl test strips, House Bill 362, that has already passed the House. Senate Criminal Justice Committee Chairman Sen. John Whitmire (D-Houston) said Republican members of the committee fear that the move will encourage drug use. "It's just illogical, but there's a belief by some members that it might safeguard the use," he said Tuesday. Gov. Greg Abbott (R) supports the legislation, and the legislative session still has a few more weeks left, so supporters continue to hope it can still pass this year.

International

Singapore Ignores International Appeals, Executes Man for Two Pounds of Marijuana. Singapore hung Tangaraju Suppiah, 46, on Wednesday after he was convicted of conspiring to traffic two pounds of marijuana. The execution came despite an international campaign to spare his life, including an appeal from the UN Human Rights Commission and another from Global Drug Policy Commission member Richard Branson. While many other countries, including some of Singapore's neighbors are moving towards a more lenient approach to drugs and rejecting the death penalty, Singapore remains unmoved. "Tangaraju was accorded full due process under the law and had access to legal counsel throughout the process," the Central Narcotics Bureau said, adding without a hint of irony that the death penalty is "part of Singapore's comprehensive harm prevention strategy."

A Maryland bill blocking police searches based on the odor of marijuana is on the governor's desk, a Delaware bill to end civil asset forfeiture reform is filed, and more.

Marijuana Policy

Maryland Legislature Approves Bill Blocking Police Searches Based on Marijuana Odor. With a final House concurrence vote just minutes before the legislative session ended money, lawmakers approved House Bill 1071 that bars police from using the smell or possession of marijuana alone as the basis of a search. The bill had passed the House last month, but was revised in the Senate Monday, necessitating the final House vote. Police "may not initiate a stop or a search of a person, a motor vehicle, or a vessel" based only on the smell of burnt or unburnt marijuana, the possession of a personal use amount of marijuana or the presence of money near marijuana without additional evidence of intent to distribute. The bill also lowers the fine for public pot smoking from $250 to $50. The bill now joins the broader marijuana commerce bill awaiting the signature of Gov. Wes Moore (D).

Asset Forfeiture

Delaware Civil Asset Forfeiture Reform Bill Filed. House Democrats last week filed a bill aimed at reining in asset forfeiture in the state, House Bill 115. The bill from Rep. Kim Williams (D) would require that property owners be convicted of a crime before seizure could occur. The bill would also create stricter guidelines for civil asset forfeiture and tighter legislature oversight over civil asset forfeiture revenues. In the three-year period between 2018 and 2021, the state saw more than 2,500 cases of civil asset forfeiture, including 170 where property owners were not even arrested, let alone convicted of a crime.

Drug Policy

Biden Administration Designates Fentanyl Combined with Xylazine as an Emerging Threat to US. On Wednesday, Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), has officially designated fentanyl adulterated or associated with xylazine as an emerging threat to the United States. Xylazine is a non-opioid tranquilizer approved by the Food and Drug Administration (FDA) for veterinary use but not human use. This designation comes after careful review of the impact of xylazine on the opioid crisis, including its growing role in overdose deaths in every region of the United States.

"As a physician, I am deeply troubled about the devastating impact of the fentanyl-xylazine combination, and as President Biden's drug policy advisor, I am immensely concerned about what this threat means for the Nation," said Dr. Gupta. "That's why the Biden-Harris Administration is using this designation authority for the first time since it passed Congress in 2018. By declaring xylazine combined with fentanyl as an emerging threat, we are being proactive in our approach to save lives and creating new tools for public health and public safety officials and communities across the Nation. To parents, loved ones, community leaders, and those affected by xylazine use: I want you to know that help is on the way."

But not a safe drug supply.

Arizona Governor Vetoes Fentanyl Mandatory Minimums Bill. Gov. Katie Hobbs (D) on Tuesday vetoed Senate Bill1027, which would have placed a mandatory minimum of 10 years in prison on the first offense, and 15 years on the second offense, for anyone convicted of possessing, distributing, transferring, selling, or manufacturing heroin, fentanyl, or fentanyl analogs. "Last week, I signed a bill continuing Arizona's Good Samaritan law," Hobbs wrote in her veto message. "I fear this bill, particularly Section 2, would undermine the purpose of that law. I encourage the legislature to send me a narrower bill that focuses on the manufacture of fentanyl."

Minnesota's marijuana legalization bill wins yet another committee vote, a Connecticut psilocybin decriminalization bill heads for a House floor vote, and more.

Marijuana Policy

Minnesota Marijuana Legalization Bill Wins 14th House Committee Vote. The House Tax Committee has become the 14th House committee to approve the marijuana legalization bill, House File100. Approval came on a voice vote last Thursday after the committee adopted a large-scale amendment to overhaul various tax provisions of the legislation, moving away from the legalization plan put forward by Gov. Tim Walz (DFL). Companion legislation is also moving in the Senate, with differences between the two bills to be worked out in conference committee. The bill heads next to the House Ways and Means Committee on Monday. Meanwhile, the Senate version is heading to the Rules and Administration Committee next Tuesday.

Washington Bill Banning Pre-Employment Marijuana Drug Approved by Legislature. Both the House and the Senate have approved a bill, Senate Bill 5123, that would bar employers from taking adverse actions against new hires because of a failed drug test for marijuana. The Senate approved it last month, and the House passed it last week. Because of minor changes in the bill's text in the House, it must go back to the Senate for a concurrence vote this week. Then it will go to the desk of Gov. Jay Inslee (D). "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."

Medical Marijuana

Kentucky Becomes 38th State to Legalize Medical Marijuana. Gov. Andy Beshear last Friday signed into law Senate Bill 47, making the state the 38th to allow for the medicinal use of marijuana. The bill will allow patients with specified medical conditions, including cancer, chronic pain, epilepsy and post-traumatic stress disorder to obtain a doctor’s recommendation to use cannabis medicinally. The bill does not allow patients to smoke marijuana, although it does allow for the sale of unprocessed cannabis flower for vaporization. Other marijuana formulations including capsules, tinctures and topical products are also authorized by the bill. Patients will be permitted to possess a 10-day supply of cannabis on their person and a 30-day supply at home. It will be up to the Cabinet for Health and Family Services to draft and put into place regulations for the production and sale of medical marijuana.

Psychedelics

Connecticut Psilocybin Decriminalization Bill Wins Committee Vote. The House Judiciary Committee voted last Thursday to send a bill decriminalizing the possession of small amounts of psilocybin, House Bill 6734, to the House floor. Under the bill possessing less than a half ounce of psilocybin or psilocybin-containing mushrooms a ticketable offense with a maximum $150 fine for a first offense. Further offenses would carry fines between $250 and $500 along with a referral to a drug education program.

Drug Policy

Bipartisan Reentry Act Introduced in Senate. US Sens. Tammy Baldwin (D-WI) and Mike Braun (R-IN) introduced bipartisan legislation that expands access to health care, including mental health services and substance use disorder treatment, for Medicaid-eligible individuals 30 days before their release from jail or prison. The Reentry Act would also make it easier for states to provide effective substance use disorder treatment and services, allowing for smoother transitions to community care and a reduced risk of overdose deaths post-release. Just released inmates are at extremely high risk of suffering drug overdoses. "When people serve their time and are working to transition back into the community, it is our responsibility to give them the tools they need to live healthy, successful lives, and that includes health care coverage to help reduce the risk of overdose," said Sen. Baldwin. "The opioid and substance use epidemic impacts every community across the country, but particularly incarcerated individuals who are working to reenter society. I’m proud to work with Democrats, Republicans, law enforcement, and the public health community on this reform to fight against this deadly epidemic and help those reentering our communities do so safely."

A North Carolina marijuana legalization bill has been filed, more New York regions have been cleared to license marijuana businesses, and more.

Delaware Marijuana Legalization Bills Go to Governor. The Senate has approved a pair of bills that would legalize marijuana (House Bill 1) and regulate legal marijuana commerce (House Bill 2), sending the package to the desk of Gov. John Carney (D), who vetoed similar legislation last year. This year, both the House and the Senate passed the bills by veto-proof majorities. The package would legalize the possession of up to an ounce by people 21 and over, as well as create a regulatory framework that would allow for up to 30 pot shops. Retails sales would be taxed at 15 percent. After passage of the bills, the governor's office said he remained "concerned" by marijuana legalization. 

New York Able to Issue More Recreational Marijuana Licenses After Court Ruling. A ruling from the US 2nd Circuit Court of Appeal has cleared the way for state officials to issue recreational marijuana licenses in Brooklyn, central New York, the mid-Hudson region, and central New York. Licensing in those regions had been blocked by a temporarily restraining order issued on behalf of a Michigan entrepreneur who challenged the state's licensing system that aims to put the first round of licenses into the hands of people who had prior marijuana convictions or whose relatives did. His lawsuit charges that policy violates constitutional interstate commerce protections. That temporary restraining order has now been limited to the Finger lakes region. Licensing in nine other areas of the state, including the rest of New York City was not impacted by the lawsuit or the injunction.

North Carolina Marijuana Legalization Bill Filed. A measure to legalize marijuana, Senate Bill 346, was filed late last week. The bill would legalize the possession of up to two ounces and would allow for up to six plants to be grown for personal use. It would also create a taxed and regulated system of legal marijuana commerce, with a state retail tax of 20 percent and localities being able to add another three percent. A quarter of marijuana tax and fee revenues would go to a "community reinvestment and repair fund," while another 10 percent would go to a social equity fund and half would go to the state general fund. It would also include "the automatic expunction of certain marijuana offenses." The bill's seven sponsors are all Democrats. It is now before the Senate Committee on Rules and Operations.

Harm Reduction

Food and Drug Administration Approves Narcan Without a Prescription. The Food and Drug Administration (FDA) announced Wednesday that the opioid overdose reversal drug naloxone (Narcan) can now be sold over the counter (OTC). It is a move long sought by public health officials and harm reductionists who hope that it can help reduce the nation's opioid overdose death toll. OTC naloxone should be available on store shelfs in big box chains, supermarkets, convenience stores, gas stations, as well as online and in vending machines by late summer. "Today’s approval of OTC naloxone nasal spray will help improve access to naloxone, increase the number of locations where it’s available and help reduce opioid overdose deaths throughout the country," FDA Commissioner Dr. Robert Califf said. "We encourage the manufacturer to make accessibility to the product a priority by making it available as soon as possible and at an affordable price."