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Chronicle AM: Denver Psilocybin Init Advances, WA Governor to Pardon Pot People, More... (1/7/19)

The Denver magic mushroom initiative campaign hands in signatures, medical marijuana bills proliferate in Texas, Washington's governor announces plans to pardon small-time pot offenders, and more.

Decriminalize Denver handed in thousands of signatures for its municipal psilocybin initiative Monday. (Creative Commons)
Marijuana Policy

Connecticut House Speaker Vows to Work on Legalization. House Speaker Joe Aresimowicz (D) has said he would support marijuana legalization and work with his caucus to advance it. "I think we should legalize it," he said. "I will work with my caucus to get there, but it needs to be done in a responsible fashion that mirrors our medical marijuana program." The Senate president and the governor-elect have also said they are ready to end pot prohibition this year.

Massachusetts Commission Report Lists 19 Steps to Toughen Driver Drug Testing. A special commission has issued a report recommending 19 steps lawmakers should take to open the way for tougher drug testing of drivers in the wake of marijuana legalization there. One recommendation was to train more than 300 drug recognition experts; another was to expand the state's implied consent law for driving while intoxicated to include impairment due to drugs.

Washington Governor Will Pardon Small-Time Pot Possessors. Gov. Jay Inslee (D) said last Friday he plans to pardon thousands of people convicted of personal pot possession charges. He said he would create an expedited process so some 3,500 people could apply for and receive pardons without having to go to court or hire a lawyer.

Medical Marijuana

Texas Sees a Dozen Medical Marijuana Bills Filed. The session hasn't even opened yet, and there are 12 medical marijuana bills already prefiled. Two to watch are SB 90, a standard medical marijuana bill, and HB 209, which would allow the home cultivation of medical marijuana.

Kratom

Utah Bill Would Keep Kratom Legal. State Sen. Curt Bramble (R-Provo) has said he will sponsor a bill to keep kratom legal after hearing from the herb's supporters. "I view this kind of in the same vein as medical marijuana," he said. "I've had people tell me kratom is an alternative for addictive opiates and that's what convinced me." He said his bill will keep kratom legal in its "pure" form, but not if "adulterated" with other additives.

Psychedelics

Denver Magic Mushroom Initiative Hands in Signatures. Organizers with Decriminalize Denver handed in more than 8,000 raw signatures Monday for their municipal magic mushroom initiative. The measure would make psilocybin and the mushrooms that contain it the lowest law enforcement priority and would bar the use of city funds to impose penalties on users or possessors. The measure needs 4,726 verified signatures to make it to the ballot.

Chronicle AM: Federal Marijuana Bill Filed, Ciudad Juarez Drug War Killings Surge, More... (1/4/19)

Wow, that was fast: The first marijuana bill of the new Congress has already been filed, an Arizona sheriff finally hops on board the naloxone train, Ciudad Juarez drug war killings are way up, and more.

Deputies in Pima County, Arizona, will finally start carrying the overdose reversal drug naloxone. (pa.gov)
Marijuana Policy

The New Congress Just Saw Its First Marijuana Bill Filed. That didn't take long. Reps. Steve Cohen (D-TN) and Don Young (R-AK) on Thursday reintroduced the Compassionate Access, Research Expansion and Respect States (CARERS) Act. The bipartisan bill would protect state medical marijuana programs from federal interference and open the way for doctors at the Veterans Administration to recommend medical marijuana. The bill is not yet available on the congressional website, but you can view last year's version here. Sen. Cory Booker (D-NJ) is expected to file the Senate version soon.

Heroin and Prescription Opioids

Georgia Joins List of States Suing Opioid Makers for Fueling Drug Crisis. Georgia has now become the latest of more than 30 states that have filed lawsuits against pharmaceutical companies for what they say is their role in fueling the opioid crisis. The state is suing nine opioid makers and distributors in state court for what it calls racketeering and for creating the crisis. "We have over a 1,000 Georgians that died last year, more Georgians dying every day. We have over 1,000 Georgians right now that are suffering from an opioid misuse disorder," said Attorney General Chris Carr. The state is seeking both monetary damages to repay it for costs incurred fighting the epidemic, as well as punitive damages.

Harm Reduction

Arizona's Pima County Sheriff Finally Gets on Board With Deputies Carrying Naloxone. Pima County, home to the state's second largest city, Tucson, has gotten with the program and the sheriff's department will now issue the overdose reversal to deputies. Deputies in eleven of the state's 15 counties already carry it. Department officials had previously argued it was necessary for deputies because paramedics already carried it and because it might become unstable in the Arizona summer heat, but Sheriff Mark Napier admitted Wednesday that medical experts had told him the worse that could happen was that it might not work.

International

Mexico's Ciudad Juarez Had Nearly 1,250 Murders Last Year. The border city just across the Rio Grande from El Paso saw a big spike in murders last year, most of them drug prohibition-related. The state attorney general's office reported 1,247 killings last year, a big increase from the 772 people killed in 2017 and nearly triple the number killed in 2014. Most of the violence is related to the revival of the Juarez Cartel and to the defection of a key Los Aztecas leader to La Linea. Los Aztecas are also in the midst of internal factional strife. But wait, there's more: There's also a factional fight within Los Artistas Asesinos (Assassin Artists), a street enforcement gang with links to the Sinaloa Cartel, which is also working in the area.

Medical Marijuana Update

One federal agency begins to move on allowing hemp-based CBD products, Florida's legal battle over medical marijuana takes another twist, and more.

National

FDA Begins Process of Allowing Hemp-Based CBD Products. After President Trump signed the 2018 farm bill into law Thursday, the Food and Drug Administration (FDA) issued a press release pledging to pursue means of allowing businesses to legally market products containing hemp or non-psychoactive cannabinoids, such as CBD. FDA also asserted its right to regulate such products. "In view of the proliferation of products containing cannabis or cannabis-derived substances, the FDA will advance new steps to better define our public health obligations in this area," FDA Commissioner Scott Gottlieb said. "We'll also continue to closely scrutinize products that could pose risks to consumers."

Delaware

Delaware Judge Rules Fired Medical Marijuana User Can Sue Former Employer. A factory worker fired from his job after failing a drug test can sue his former employer, Superior Court Judge Noel Primos ruled on Monday. Jeremiah Chance claims his firing violated the anti-discrimination provision of the state's medical marijuana law and that he was targeted for retaliation after pointing out safety issues with railroad ties manufactured by the Kraft Heinze plant in Dover. The company had argued that the anti-discrimination clause was preempted by the federal Controlled Substances Act, but the judge disagreed. The law does "not require employers to participate in an illegal activity... but instead merely prohibits them from discriminating based upon medical marijuana use," Primos wrote.

Florida

Florida Legal Battle Over Medical Marijuana Takes Another Turn. A state appeals court this week agreed to stay a circuit court judge's ruling that the legislature and the Department of Health violated the state's voter-approved medical marijuana amendment. The ruling comes in a case involving a Tampa marijuana grower, which challenged caps placed on the number of medical marijuana licensees. While the 1st District Appeals Court approved the stay, it also said its final decision on the case would be "expedited."

Oregon

Oregon to Allow Medical Marijuana Deliveries in Areas That Ban Dispensaries. State regulators have approved medical marijuana deliveries in areas where dispensaries are banned effective December 28. The rules were approved last week after patient advocates voiced concern about rules that limited access to medical marijuana.

South Carolina

South Carolina Poll Has Strong Support for Medical Marijuana. A new poll from Benchmark Research finds that nearly three-quarters of South Carolinians are ready for medical marijuana. The poll had support at 72%, with even 63% of Republicans behind it. Medical marijuana bills last year won some committee votes, but were unable to advance.

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Federal Marijuana Cases Decline, Oregon Ponders MJ Exports, More... (1/2/19)

Federal marijuana prosecutions are dropping as more states legalize, Oregon ponders legal marijuana exports, a South Carolina poll shows strong support for medical marijuana, and more.

Marijuana Policy

Federal Marijuana Prosecutions Are Declining. In a year-end report from the Supreme Court, Chief Justice John Roberts noted that while overall drug prosecutions increased during Fiscal Year 2018, marijuana prosecutions were down. "Drug crime defendants, who accounted for 28 percent of total filings, grew two percent, although defendants accused of crimes associated with marijuana decreased 19 percent," Roberts wrote.

New York Governor Vows Marijuana Legalization in Inaugural Address. Gov Andrew Cuomo (D) used his inaugural address Tuesday to reiterate his support for legalizing marijuana. "When they write the history books and ask what did we do -- in the face of anger and division, when people were disillusioned, let New York's answer be that in this defining moment we brought healing and light and hope and progress and action," he said. "That New York led on legalizing recreational marijuana, bringing justice and new economic opportunity not for rich corporations, but for the poor communities that paid too high a price for too long." He also promised to propose "the most progressive agenda this state has ever seen, period" within a hundred days, and included marijuana legalization as part of that.

Oregon Ponders Becoming First State to Export Legal Marijuana. The Craft Cannabis Alliance, led by Adam Smith, is working with legislators on a plan to let the state start exporting marijuana to other legal pot states by 2021. Under draft language for a proposed bill, the state would allow wholesalers to ship across state lines to other legal pot states once the governor had signed a pact with the importing state to allow those deliveries. But any proposed bill to allow such sales faces obstacles at the federal level, where marijuana is still illegal.

Medical Marijuana

South Carolina Poll Has Strong Support for Medical Marijuana. A new poll from Benchmark Research finds that nearly three-quarters of South Carolinians are ready for medical marijuana. The poll had support at 72%, with even 63% of Republicans behind it. Medical marijuana bills last year won some committee votes, but were unable to advance.

Chronicle AM: AZ Groups Want Needle Exchange, DE Judge Rules for Fired MedMJ User, More... (12/24/18)

A Delaware judge says a medical marijuana user fired for failing a drug test can sue his former employer, Arizona public health advocates want the governor to approve needle exchanges, and more.

Marijuana Policy

Incoming House Rules Committee Chairman Becomes Cosponsor of Marijuana Justice Act. What a difference an election makes! Outgoing House Rules Committee Chair Pete Sessions (R-TX) reliably blocked any marijuana reform legislation, but things are going to be different under incoming Chair Jim McGovern (D-MA). McGovern has already said he is "not going to block marijuana amendments like my predecessor has done," and now he has just signed on as a cosponsor of the Marijuana Justice Act (HR 4815).

Indiana Governor Not Down With Marijuana Legalization. Gov. Eric Holcomb (R) has made it clear he will oppose any legislative moves to legalize marijuana. "I'm just not willing to look at that, especially since it is illegal right now according to the federal government," Holcomb said.

South Dakota Marijuana Legalization Initiative Filed. Attorney General Marty Jackley (R) has filed a statement on the language of an initiative to legalize marijuana, the first step in the process of getting the measure on the ballot. According to the attorney general's statement, the measure would allow anyone 21 and over to grow, possess, use, and sell marijuana. Localities would be barred from taxing or regulating marijuana businesses. And, the attorney general says, "it forbids prosecutions for driving under the influence of ingested marijuana," but the language of the initiative only bars prosecution for "consumed cannabis metabolites."

Medical Marijuana

Delaware Judge Rules Fired Medical Marijuana User Can Sue Former Employer. A factory worker fired from his job after failing a drug test can sue his former employer, Superior Court Judge Noel Primos ruled on Monday. Jeremiah Chance claims his firing violated the anti-discrimination provision of the state's medical marijuana law and that he was targeted for retaliation after pointing out safety issues with railroad ties manufactured by the Kraft Heinze plant in Dover. The company had argued that the anti-discrimination clause was preempted by the federal Controlled Substances Act, but the judge disagreed. The law does "not require employers to participate in an illegal activity... but instead merely prohibits them from discriminating based upon medical marijuana use," Primos wrote.

Oregon to Allow Medical Marijuana Deliveries in Areas That Ban Dispensaries. State regulators have approved medical marijuana deliveries in areas where dispensaries are banned effective December 28. The rules were approved last week after patient advocates voiced concern about rules that limited access to medical marijuana.

Drug Testing

Utah Bill Would Criminalize Using Fake Urine to Pass Drug Tests. Under a bill already approved by an interim legislative committee, it would be "a criminal offense to distribute, possess, or sell an adulterant or synthetic urine;" or "to defraud an alcohol or drug test using an adulterant, bodily fluid of another person, or bodily fluid expelled or withdrawn before collection for the test." The measure would make violations a misdemeanor.

Harm Reduction

Arizona Public Health Advocates Urge Governor to Legalize Needle Exchange Programs. In a letter delivered last week to Gov. Doug Ducey (R), more than 30 organizations involved in public health and addiction recovery called on him move to legalize the proven harm reduction intervention. "Arizona has fallen behind in its response to this national crisis, states like North Carolina, Indiana, and Kentucky have all implemented syringe service legislation and are seeing the benefits in their communities," the letter says. "Too many lives are on the line to continue with the status quo."

Chronicle AM: AK OKs Pot Social Clubs, Vancouver Ponders "Safe Supply" of Hard Drugs, More... (12/21/18)

Vancouver ponders another cutting-edge drug policy move, Alaska okays on-site pot consumption space rules, the president signs the farm bill legalizing hemp, and more.

From Amsterdam to Alaska? Dutch-style on-site consumption spaces win approval in Juneau. (Creative Commons)
Marijuana Policy

Alaska Approves Rules for On-Site Marijuana Consumption. The state's Marijuana Control Board on Thursday approved rules for businesses that want to offer on-site consumption of pot products. Now, businesses that want in will have to apply for a special onsite use endorsement and come up with plans for meeting ventilation and other standards for on-site use. This makes Alaska the first state to develop a regulatory framework for on-site use at the state level.

Medical Marijuana

FDA Begins Process of Allowing Hemp-Based CBD Products. After President Trump signed the 2018 farm bill into law Thursday, the Food and Drug Administration (FDA) issued a press release pledging to pursue means of allowing businesses to legally market products containing hemp or non-psychoactive cannabinoids, such as CBD. FDA also asserted its right to regulate such products. "In view of the proliferation of products containing cannabis or cannabis-derived substances, the FDA will advance new steps to better define our public health obligations in this area," FDA Commissioner Scott Gottlieb said. "We'll also continue to closely scrutinize products that could pose risks to consumers."

Industrial Hemp

Trump Signs Farm Bill, Final Step to Making Hemp Legal. President Trump signed the 2018 farm bill into law Thursday, the final step in the legalization of hemp. The hemp provision of the farm bill, championed by Senate Majority Leader Mitch McConnell (R-KY), received bipartisan support and now ends a ban going back more than seven decades.

Drug Testing

Federal Appeals Court Upholds Florida School District's Suspicionless Drug Testing of Substitute Teachers. A three-judge panel of the 11th US Circuit Court of Appeals has rejected a constitutional challenge to the Palm Beach County School Board's policy requiring substitute teachers to undergo suspicionless drug testing. Federal courts have generally held drug testing to be a search under the Fourth Amendment and barred drug testing by government entities, but have carved out exceptions for students, people involved in safety-sensitive positions, and law enforcement personnel. Although this case doesn't appear to fall into any of those categories, the appeals court nonetheless ruled in the district's favor. "We think that the School Board has a sufficiently compelling interest in screening its prospective teachers to justify this invasion of the privacy rights of job applicants, and thus conclude that the School Board has not violated the constitutional mandate barring unreasonable searches and seizures," said the 54-page opinion, written by Judge Stanley Marcus and joined by Chief Judge Ed Carnes and Judge David Ebel. "As we see it, ensuring the safety of millions of schoolchildren in the mandatory supervision and care of the state, and ensuring and impressing a drug-free environment in our classrooms, are compelling concerns."

International

Vancouver Looks to Pioneer "Safe Supply" for Hard Drug Users. The city council met Thursday to discuss the Mayor's Overdose Emergency Task Force report and how and whether to implement its 23 specific recommendations for action. One key recommendation is to find a location in or near the epicenter of the city's Downtown Eastside hard drug scene for "a clinical space where we could evaluate and enroll people" for a "low-barrier dispersal program for pharmaceutical opioids." Supporters are using the phrase "safe supply" to describe the concept aimed at reducing skyrocketing overdose deaths linked to illicit fentanyl.

Chronicle AM: NYC Mayor Backs Legal Weed, Report Chides DEA & Drug Companies on WV Opioids, More... (12/20/18)

A report from congressional Democrats explores the economic benefits of marijuana legalization, a report from the House Energy and Commerce Committee scolds the DEA and drug distributors over massive shipments of opioids to West Virginia, New York City Mayor Bill De Blasio climbs on board the legalization bandwagon, and more.

Marijuana Policy

Congressional Democrats Release Report On Marijuana Legalization's Economic Benefits. Democratic members of the congressional Joint Economic Committee released a report Tuesday emphasizing the economic benefits legal marijuana can bring at both the state and federal levels. The report is The National Cannabis Economy, and it predicts marijuana sales revenues will jump from $8 billion last year to $23 billion by 2022. "It's time we legalize marijuana, but at the minimum, we must reduce the conflicts between federal and state laws so that the industry can continue to create jobs and bolster state economies," Senator Martin Heinrich, (D-NM), the ranking member of the panel, said in a press release. "This conflict hurts small businesses and constrains the economic benefits of legal cannabis -- an industry that is estimated to reach $11 billion in sales this year and $23 billion by 2022. But in order to realize the benefits, we must act on legislation such as the STATES Act to help these businesses thrive."

West Hollywood, California, Approves Cannabis Cafes, Consumption Lounges. The city announced Wednesday that it had approved licenses for eight edibles-only consumption cafes an eight consumption lounges where marijuana can be smoked, vaped, drunk, or eaten. The businesses now have a year to obtain a West Hollywood business license and a place to operate. The move could nearly double the number of consumption lounges nationwide: there are seven such facilities in San Francisco, one in Oakland, and one in Denver.

New York City Mayor Backs Marijuana Legalization. Just days after Gov. Andrew Cuomo (D) said he wants to legalize marijuana next year, New York City Mayor Bill De Blasio hopped on board the legal pot train, saying it represents "a once-in-a-generation opportunity to get a historic issue right for future New Yorkers." De Blasio's remarks came as the Mayor's Task Force on Cannabis Legalization released a report recommending that the city tax sales, automatically expunge old pot possession offenses, and work to ensure "diverse participants" get a shot in the legal industry.

Brooklyn, New York, District Attorney Throws Out Hundreds of Old Pot Convictions. Brooklyn DA Eric Gonzales appeared in court Wednesday to vacate outstanding warrants related to low-level pot offenses, as well as expunging past misdemeanor pot convictions. "To fail to address these past convictions would be hypocritical and it would be to turn a blind eye on all the harm caused by marijuana enforcement in prior years," Gonzalez said.

Pennsylvania Governor Suggests He Could Get Behind Marijuana Legalization. Gov. Tom Wolf (D) said Wednesday that it's time for the state to consider legalizing marijuana. "More and more states are successfully implementing marijuana legalization," he noted, adding that it's time for "a serious look" at doing it. The statements mark a change of heart for Wolf, who previously had shied away from legalization talk.

Medical Marijuana

Florida Legal Battle Over Medical Marijuana Takes Another Turn. A state appeals court this week agreed to stay a circuit court judge's ruling that the legislature and the Department of Health violated the state's voter-approved medical marijuana amendment. The ruling comes in a case involving a Tampa marijuana grower, which challenged caps placed on the number of medical marijuana licensees. While the 1st District Appeals Court approved the stay, it also said its final decision on the case would be "expedited."

Heroin and Prescription Opioids

Congressional Report Scolds DEA, Drug Distributors on Flood of Opioids to West Virginia. Massive shipments of prescription opioids to West Virginia -- 20.8 million pounds opioids sent to one town of 3,000 over a ten-year period, for example -- reflect failures by the DEA and drug distribution companies to conduct effective oversight of their customers and failures to recognize obvious red flags, a bipartisan report from the House Energy and Commerce Committee found. These lapses helped make the state "the epicenter of the nation's opioid epidemic and the state with the highest drug overdose death rate in the country," the report said. And it's not just West Virginia: "Taken all together, the Committee's report outlines a series of missteps and missed opportunities that contributed to the worsening of the opioid epidemic in West Virginia," the report said. "While focused on a narrow part of West Virginia, the report raises grave concerns about practices by the distributors and the DEA nationwide."

The Year in Drugs I: The Top Domestic Drug Policy Stories of 2018 [FEATURE]

This is a year that just about everybody is eager to see come to an end, but when it comes to drug policy, 2018 hasn't been half-bad, at least in the US. (Check back next week for our Top International Drug Policy Stories.)

We've seen marijuana legalization spread further, we're on the verge of seeing Congress pass major sentencing reform legislation, and the ban on domestic hemp cultivation is coming to an end, among other things.

A lot went on in drug policy in 2018. Here are eight stories that helped define the year:

1. Overdose Deaths Remain Unconscionably High But Appear to Have Leveled Off

That's enough fentanyl to kill you. It killed thousands this year. (dea.gov)
The nation's fatal drug overdose crisis is far from over, but it now looks like it at least didn't get any worse this year. Driven in large part by the rise of fentanyl, overdose deaths reached a stunning 72,000 in 2017, a figure ten times the number in 1980 and double that of only a decade ago.

But preliminary reports on the 2018 overdose numbers suggest that this may be the year the crisis began to ease. In June, the Centers for Disease Control and Prevention released provisional data showing that overdose deaths had declined for six straight months, dropping 2.8 percent from their 2017 peak. That report also found that opioid overdose deaths had declined by 2.3 percent.

With both heroin and prescription opioid deaths declining, fentanyl has emerged as the most common drug involved in overdoses, being implicated in about a quarter of all drug overdose deaths. While the apparent decline in opioid overdose deaths this year is good news, the recent increases in cocaine and methamphetamine overdose deaths is not. And while any break in a years-long climb in overdose deaths is certainly welcome, another 70,000 or so Americans will still have died from them this year. We have a long, long way to go.

2. Safe Injection Sites Draw Nearer, But Feds Fire Warning Shots

Safe injection sites -- also known as supervised consumption sites, among other names -- where drug users can consume their doses under medical supervision and with an opportunity to engage with social services are a proven harm reduction intervention. More than a hundred cities around the world, mainly in Europe, Canada, and Australia have resorted to such facilities as a means of providing better outcomes, not only for drug users but also for the communities in which they live.

There are no legally permitted safe injection sites in the United States (although some underground ones are reportedly operating in Seattle, and there may be more in hiding), but this year saw mounting pressure and serious efforts to get them up and running in a number of American states and cities. It also saw mounting resistance from federal officials.

At the state level, California, Colorado, Missouri, and New York all saw safe injection site bills filed. Only the bill in California made it out of the legislature, but to the great frustration of reformers, it was vetoed by Gov. Jerry Brown (D), who cited long outdated beliefs about substance use in his veto message. Still, the fact that bills are being filed shows the issue is gaining momentum.

The momentum is even stronger among a handful of major cities. Denver, New York City, Philadelphia, and Seattle have all taken steps to clear the way for safe injection sites this year, although none are yet in place.

While like California's Gov. Brown, some state and local level political figures are hesitant to embrace them, a major reason none is yet in place is federal hostility. As the clamor for the facilities grows louder, so does opposition from the Trump administration. As Denver publicly pondered opening one, the local DEA and the US Attorney loudly warned they would be illegal, and the Philadelphia US Attorney did the same thing. Early in the year, the DEA in Washington issued a warning against safe injection sites, and in August, Deputy Attorney General Rod Rosenstein authored an op-ed in the New York Times issuing similar dire threats.

3. A Major Federal Sentencing Reform Bill Is Set to Pass

A rare example of bipartisanship on the Hill. (Creative Commons)
The first major federal sentencing reform bill in eight years is now one vote away from passing Congress. The bill, known as the First Step Act (S.3649), is the culmination of years of work by the likes of Senate Judiciary Committee Chairman Charles Grassley (R-IA) and Sen. Dick Durbin (D-IL), and includes prison reform language as well as provisions that would reduce sentences for certain drug offenses. It very nearly died earlier this month when Senate Majority Leader Mitch McConnell (R-KY) announced he would not bring it to a Senate floor vote, but under broad pressure, including from President Trump, McConnell relented, and the bill passed the Senate Tuesday

The sentencing reforms include retroactivity for the Fair Sentencing Act (the 2010 law that reduced the crack/powder cocaine sentencing disparity), allowing the potential release of around 2,600 people; expansion of the "safety valve" allowing judges more discretion to sentence beneath mandatory minimum sentences; reform of the "three strikes" law, reducing the "second strike" mandatory minimum of 20 years to 15 years, and reducing the "third strike" mandatory minimum of life-in-prison to 25 years.

The late word is that the bill will pass the House easily, but that hasn't happened as of this writing. If and when it does, the country will have taken a significant step toward a more just and humane federal criminal justice system. The passage has also drawn major media attention as a rare example of bipartisanship in Washington today.

4. Marijuana Legalization Advances in the States

At the beginning of the year, marijuana for adult recreational use was legal in eight states, all in the West or New England and all thanks to the initiative process. As 2018 comes to a close, that number has jumped to ten, with Vermont in January becoming the first state to legalize it through the legislature and Michigan in November becoming the first Midwest state to legalize it.

The initiative process is available in only half the states, and when it comes to legalizing weed, the low-hanging fruit has already been picked. A legalization initiative in conservative Nebraska went down to defeat this year, and remaining initiative states like the Dakotas, Nebraska, Oklahoma, and Arkansas are among the most socially conservative and least likely to free the weed. But prospects are rosier in initiative states Arizona, Missouri, and Ohio. We are likely to see pot on the ballot in all three in 2020.

Vermont remains the sole state to legalize it legislatively, but a handful of states edged ever closer close this year. New Jersey Gov. Phil Murphy (D) wanted pot legalized in his first 100 days. That didn't happen, and legalization hasn't gotten through the legislature yet, but there is a small chance it could still happen this year and a very good chance it will be a done deal by early next year. Legislatures throughout the Mid-Atlantic states and Northeast grappled with the issue, laying the groundwork for next year and the year beyond, and just this week, New York Gov. Andrew Cuomo (D) called for legalization next year. The long march continues.

5. Marijuana Is Still Federally Illegal, But the Crackdown Never Came

As the year comes to end, legal weed is still here and Jeff Sessions isn't. President Trump's first attorney general was an avowed foe of marijuana (as well as drug and criminal justice reform in general), but despite rescinding the Obama-era Cole memo, which basically told federal prosecutors to leave state law-abiding pot businesses alone, the much-feared crackdown on the industry never came.

Federal prosecutors, for the most part, continue to view legal marijuana businesses as a low priority, especially when faced with much more serious drug problems, such as the opioid overdose epidemic. But Sessions was also undercut by his own boss, who in April arranged a deal with Colorado Republican Sen. Cory Gardner in which he agreed to support a bill protecting states that have broken with federal pot prohibition in return for Gardner's allowing Justice department appointments to move forward.

This year saw a plethora of federal marijuana reform bills, but with Republican leadership in both houses firmly opposed, the Capitol was where marijuana reform went to die. With Democrats in control of the House next year, things promise to be different next year, although the GOP-led Senate will remain an obstacle. But with pot consistently polling in the 60s, those Republican senators may grudgingly start coming on board.

6. Marijuana Legalization is Nice, But We Need Social Justice, Too

This year saw social justice concerns around marijuana legalization move front and center in two distinct ways: demands for the expungement of marijuana arrest records for people whose offenses are no longer crimes and demands for restorative racial justice from communities that have suffered the brunt of the war on drugs.

The year started with two major West Coast cities, San Francisco and Seattle, leading the way on expungement. The, in September, California became the first state to put state-level automatic expungement into effect. Delaware and Rhode Island, which have both decriminalized but not legalized pot, also passed expungement bills this year. Expungement is also a contentious issue in the ongoing battle to get legalization passed in New Jersey.

After a half-dozen years of legalization and well-heeled white guys making bank off legal weed, the call for racial justice, whether in terms of set-asides to guarantee minority participation in the industry or for funding streams aimed at restoring drug war-ravaged communities, is growing too loud to be ignored. This is an ongoing struggle now being played out not only in pot-legal states, but especially in states on the cusp of legalization. Moving forward, it's likely that every successful state legalization bill is going to have to address issues of social and racial justice. As they should.

7. Industrial Hemp Becomes Federally Legal

The sun rises on the American domestic hemp industry. (votehemp.org)
Finally, the absolutely most ridiculous aspect of federal marijuana prohibition is dead. Recreational marijuana's country cousin, hemp can't get anyone high, but is extremely useful in a broad range of industries, from foods to textiles and beyond. Thanks to a lawsuit from hemp interests more than a decade ago, hemp could be imported for American firms to use in their products, but because the DEA refused to recognize any distinction between hemp and recreational marijuana, American farmers were forced to stand on the sidelines as their competitors in China, Canada, and other countries raked in the rewards.

But having a hemp-friendly senator from a hemp-friendly state allowed hemp legalization to move this year. Senate Majority Leader Mitch McConnell (R-KY) actually fought for the hemp bill, shepherding it into the must-pass farm appropriations bill and keeping it in there through negotiations with the House. President Trump has signed the farm bill, including the hemp provision, into law.

8. Here Come the 'Shrooms

Initiative campaigns to legalize or decriminalize the use and possession of psilocybin-containing magic mushrooms began popping up in 2018. Actually, the first state-level initiative came last year in California, but this past summer it failed to qualify for the fall ballot.

Right now, there are two psilocybin initiatives in the signature-gathering phase, a municipal initiative in Denver that would decriminalize the use, possession, and cultivation of psilocybin-containing mushrooms, and the statewide Oregon Psilocybin Service Initiative, which would decriminalize possession of psilocybin, allow magic mushrooms to be grown with a license, and would allow for therapeutic use of psilocybin. The Denver initiative would go before voters in May 2019, while the Oregon initiative aims at the 2020 election.

If psilocybin initiatives follow the pattern set by marijuana legalization initiatives, the first time may not be the charm. But more will follow.

Medical Marijuana Update

A Nebraska medical marijuana initiative campaign gets underway, New Jersey and Pennsylvania announce expansion plans, and more.

Arkansas

Arkansas Delays Dispensary License Announcement. The state Medical Marijuana Commission announced Tuesday it would delay its meeting to announce licenses for state dispensaries. The commission was originally scheduled to meet today but postponed that meeting until January 9. The state plans to allow dispensaries to operate in somewhere between 20 and 32 sites.

Nebraska

Nebraska Medical Marijuana Initiative Campaign Gets Underway. Two state senators, Anna Wishart, and Adam Morfeld, both Democrats from Lincoln, announced last Thursday that they had created a campaign committee to put a medical marijuana constitutional amendment on the 2020 ballot. The committee is Nebraskans for Sensible Marijuana Laws.

New Jersey

New Jersey Just Approved Six More Dispensaries. The state Department of Health on Monday effectively doubled the size of its medical marijuana program by approving six additional dispensaries. There are only six in the state right now. Click on the link to see the list.

New Mexico

New Mexico Sued Over Edibles Rules. The state's largest medical marijuana producer has filed a lawsuit against the state health department over regulations governing edibles, salves, lotions, and other products infuse with marijuana. Ultra Health argues that the department doesn't have the authority to license legal marijuana manufacturers and that the fees are too high.

Pennsylvania

Pennsylvania Issues Permits for Phase II Medical Marijuana Dispensaries. The Department of Health Tuesday issued 23 dispensary permits for Phase II of the medical marijuana program. The permittees will now have six months in which to become operational before they can begin dispensing medical marijuana. "The permitting of these locations as part of Phase II of the medical marijuana program will ensure more people have access to medical marijuana close to home," Secretary of Health Dr. Rachel Levine said. "Medical marijuana is an essential form of treatment for Pennsylvanians suffering from one of 21 serious medical conditions. This step continues the growth of our scientific, medically-based medical marijuana program."

[For extensive information about the medical marijuana debate, presented in a neutral format, visit MedicalMarijuana.ProCon.org.]

Chronicle AM: Senate Passes Sentencing Reform Bill, NM Sued Over MedMJ Rules and Fees, More... (12/19/18)

A major sentencing reform bill takes a major step toward becoming law, a New Mexico medical marijuana producer is suing the state over rules and fees, and more.

Some federal drug prisoners will get relief under the bill passed by the Senate Tuesday. (nadcp.org)
Medical Marijuana

Arkansas Delays Dispensary License Announcement. The state Medical Marijuana Commission announced Tuesday it would delay its meeting to announce licenses for state dispensaries. The commission was originally scheduled to meet today but postponed that meeting until January 9. The state plans to allow dispensaries to operate in somewhere between 20 and 32 sites.

New Mexico Sued Over Edibles Rules. The state's largest medical marijuana producer has filed a lawsuit against the state health department over regulations governing edibles, salves, lotions, and other products infuse with marijuana. Ultra Health argues that the department doesn't have the authority to license legal marijuana manufacturers and that the fees are too high.

Heroin and Prescription Opioids

DC Council Votes to Approves Opioid Treatment Bill. The DC Council voted Tuesday to advance the Opioid Use Disorder Treatment & Safe Access Amendment Act of 2018, legislation that would help curb the overdose crisis in the Nation's capital. The omnibus bill includes provisions that make the temporary emergency measure that decriminalizes drug checking kits permanent, removes restrictions on syringe exchange programs, and expands access to medication-assisted treatment in the District. The bill now goes to the mayor for final approval.

Sentencing Reform

Senate Passes Prison and Sentencing Reform Bill. The Senate approved the First Step Act (S.3649) on a vote of 87-12 on Tuesday. The bill contains prison reform language as well as provisions that would reduce sentences for certain drug offenses, including retroactivity for the Fair Sentencing Act (the 2010 law that reduced the crack/powder cocaine sentencing disparity), allowing the potential release of around 2,600 people; expansion of the "safety valve" allowing judges more discretion to sentence beneath mandatory minimum sentences; reform of the "three strikes" law, reducing the "second strike" mandatory minimum of 20 years to 15 years, and reducing the "third strike" mandatory minimum of life-in-prison to 25 years; and eliminating "stacking" for firearm offenses, meaning that prosecutors cannot add sentencing enhancements to individuals who may possess a firearm while committing their first federal offense. The bill now goes back to the House, which is expected to easily pass, and then to the desk of President Trump, who has vowed to sign it.

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