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."

Medical marijuana is killed in Kansas but survives in Kentucky, cocaine production hits an all-time high, and more.

Medical Marijuana

Kansas GOP Lawmakers Kill Medical Marijuana Bill. Medical marijuana is dead for this session after Republicans in the Senate Federal and State Affairs Committee voted to "table" the medical marijuana bill, Senate Bill 135. Both Democrats on the committee voted to keep the bill alive. The vote came after two days of hearings on the bill, including a full opposition slate of Republican state leaders, health officials, and law enforcement on Thursday.

Kentucky Senate Passes Medical Marijuana Bill. On the last day to keep the bill alive, the Senate voted Thursday to approve a medical marijuana bill, Senate Bill 47. The bill allows for the use of medical marijuana for a list of specified medical conditions, but does not allow for smokeable marijuana. It does set up a system of taxed and regulated medical marijuana production and sales. The House could vote on the bill when the legislature returns for a one-day session at the end of the month.

Foreign Policy

Marjorie Taylor Greene Claims Cartels Left Bomb at Border; It Was a Ball of Sand. MAGA political arsonist Rep. Marjorie Taylor Greene (R-GA) told her two million Twitter followers Wednesday that Mexican drug cartels had planted bombs on US soil at the border to terrorize Americans and kill or injure Border Patrol agents. She posted a picture of what turned out to be a ball stuffed with sand and covered with duct tape and claimed it was "explosive" and a "bomb," adding that "this changes everything" and calling on the US military to "take action" and "end this Cartel led war against America!" But Border Patrol Chief Raul Ortiz quickly shot down Greene's incendiary claim, tweeting that "During a Jan. briefing, leadership was notified that Agents found a duct-taped ball filled with sand that wasn't deemed a threat to agents/public." Greene has not deleted her post and instead doubled-down on her theory in response to the fact check. "That’s not what the border patrol agents are telling me," she retorted on Twitter. But the "bomb" is still just a bag of sand.

Harm Reduction

Mississippi Governor Signs Fentanyl Test Strip Decriminalization Bill into Law. Gov. Tate Reeves (R) has signed into law House Bill 722, which decriminalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Use of the strips is aimed primarily at reducing drug overdoses by letting users know what is in their drug supply. As Reeves signed the bill into law, he could not resist taking a jab at the Biden administration: "I’ve signed HB 722 which decriminalizes fentanyl testing strips," he said. "It’s a sad reality that fentanyl overdoses are skyrocketing as a result of an open border." In reality, .fentanyl's role in fatal drug overdoses began about a decade ago and has increased steadily through both the Trump and the Biden administrations.

International

Cocaine Production at Highest Level Ever, UNODC Says. In a new report, the UN Office on Drugs and Crime (UNODC) finds that cocaine production is at its highest level ever as demand rebounded after the pandemic and new trafficking hubs emerged. Production rose a whopping 35 percent between 2021 and 2022, at least in part because of innovations in cultivating the coca plant and in converting coca leaf into cocaine. "The Covid-19 pandemic had a disruptive effect on drug markets. With international travel severely curtailed, producers struggled to get their product to market. Night clubs and bars were shut as officials ramped up their attempts to control the virus, causing demand to slump for drugs like cocaine," the report said. "However, the most recent data suggests this slump has had little impact on longer-term trends. The global supply of cocaine is at record levels," it said. UNODC said nearly 2,000 tons of cocaine were produced in 2020, a continuation of a "dramatic uptick in manufacture that began in 2014, when the total was less than half of today’s levels."

Last Year Saw a Surge in Drug Executions Worldwide. The number of people executed for drug offenses surged in 2022, according to a new report from drug policy reform group Harm Reduction International (HRI). The 1 cited at least 285 executions for drug offenses last year, more than double the 131 people executed in 2021. The number of people being handed out death sentences for drug offenses also grew, with at least 303 people in 18 countries facing the ultimate sanction. That is a 28 percent increase over 2021. The number of people currently on death row for drugs globally is now more than 3,700. HRI warned that the figures are low-balled because of the extreme secrecy surrounding the death penalty in countries that frequently resort to it, such as China, North Korea, and Vietnam.  

The Justice Department signals it will appeal a federal court ruling invalidating the federal ban on guns for pot users, Colombia calls for coca leaf decriminalization, and more.

Marijuana Policy

Justice Department Now Accepting Applications for Pardons for Federal Marijuana Possession Offenders. Nearly five months after President Biden called for pardons for federal marijuana possession offenders, the Justice Department has begun accepting applications for those pardons. The move comes after a series of friendly public statement from the administration about the drug from both Attorney General Garland and the president. Last week, Garland said that Justice is working on a review of marijuana policy, and just days before that, President Biden mentioned the pardons in a Black History Month speech, saying "too many minorities are in prison" for marijuana use.

Justice Department Appeals Federal Court Ruling Striking Down Gun Ban for Marijuana Users. The Justice Department last Friday filed paperwork in US District Court for the Western District of Oklahoma informing the court that it intends to appeal a judge's ruling there that found unconstitutional the federal prohibition on gun ownership for marijuana users. The Friday filing did not make a substantive argument but served primarily as a notification that an appeal was coming. In that district court ruling, Trump-appointed Judge Patrick Wyrick held that a recent Supreme Court ruling where the high court created a higher standard for policies that aim to restrict gun rights made the ban on gun possession unconstitutional.

Oklahoma Votes on Marijuana Legalization Today. In an election with no other issues or races on the ballot, voters will decide whether or not to approve a marijuana legalization initiative, State Question 820. The measure is opposed by law enforcement and most of the state's Republican political establishment. It would allow 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 protects 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 includes a provision for the expungement of some past marijuana offenses. It also sets a 15 percent excise tax on retail marijuana sales.

Medical Marijuana

South Dakota House Approves Medical Marijuana Expansion Bill. In a narrow vote, the House on Monday approved Senate Bill 1, which expands the list of qualifying conditions for medical marijuana use to include people afflicted with cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, aids, and HIV. The bill has already passed the Senate, but must go back for one more concurrence vote because it was modified in the House. If it wins that vote, it would then go to the desk of Gov. Kristi Noem (R).

Harm Reduction

Oregon House Approves Bill to Expand Naloxone Access. The House has approved a bill to more widely distribute the opioid overdose reversal drug naloxone (Narcan), House Bill 2395, on a vote of 48-9. The bill declares a health emergency and will make overdose reversal kits available in libraries, churches, and other public buildings. It also allows police, firefighters, and EMTs to distribute the kits to drug users and their friends and family members, and it decriminalizes fentanyl test strips. The bill now heads to the Senate.

International

Colombia Vice President Calls for Coca Leaf Decriminalization at UN. Vice President Francia Marquez used an address at the UN Permanent Forum on Indigenous Issues to petition for the decriminalization of the coca leaf in the country's indigenous territories. "The time has come to sincerely put the debate on decriminalizing the use of coca leaf in ethnic and indigenous territories, continuing to criminalize the use of coca leaf will not allow Colombia to achieve total peace," she said. "Because we know that it has been this criminal, racial policy that has us as peoples suffering terrible humanitarian crises, it is the drug trafficking imposed from that criminal policy that today is generating armed conflicts in ethnic territories." Colombia will join Bolivia in petitioning the UN Commission on Narcotic Drugs to remove coca leaf from its list of prohibited substances. 

Queensland will become the first Australian state to okay pill-testing, Vancouver magic mushrooms shops are not illegal but thriving anyway, and more.

Harm Reduction

Kansas Bill to Legalize Fentanyl Test Strips Passes House. In a bid to reduce overdose deaths in the state, the House voted last Thursday for a bill that would clarify that fentanyl test strips are not drug paraphernalia, House Bill 2390. A similar measure passed the House last year, only to die in the Senate. The House also passed a bill that would stiffen penalties for fentanyl manufacturing, House Bill 2398. That bill doubles the existing sentence under state law and includes a mandatory prison sentence.

South Dakota Governor Signs Bill Decriminalizing Fentanyl Test Strips. In an effort to reduce overdose deaths, Gov. Kristi Noem (R) has signed into law a bill that clarifies that fentanyl test strips are not drug paraphernalia, House Bill 1041. "We're trying to prevent overdoses for those people that are at high risk populations," said bill sponsor Rep. Taylor Rehfeldt (R).

International

Queensland Becomes First Australian State to Introduce Pill Testing. State Health Minister Yvette D'Ath announced Saturday that Queensland will introduce pill testing at mobile and fixed sites, making it the first Australian state to do so. "Pill testing is all about harm minimization," she said. "We don’t want people ending up in our emergency departments or worse losing their life. It is important to note that pill-testing services do not promote that drugs are safe, however they are among a suite of options that can positively affect outcomes regarding illicit drug use." The move follows two pill-testing trials at Canberra’s Groovin’ the Moo festival in 2018 and 2019, and an ongoing trial at a fixed site. Queensland may be the first state to embrace the harm reduction measure, but the Australian Capitol Territory began a trial last year.

Vancouver Magic Mushroom Shops Operating Openly. Canada's West Coast metropolis now boasts at least nine shops that sell magic mushrooms and other psychedelic substances even though such shops are not legal. The owners of the shops say they are employing many of the same tactics used by marijuana shops that sold the drug before it was legal. They argue that they are providing patients with crucial access to a drug that is nearly impossible to obtain despite Health Canada approving it for some uses. Police, focused on harder drugs, appear indifferent. Now, similar stores have sprung up in Ottawa, Toronto, and Hamilton.