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The National Governors Association Weighs in on Fighting Drug Overdoses [FEATURE]

Faced with an ongoing drug overdose epidemic that may have peaked in recent months but is still killing around 100,000 Americans each year, with fentanyl implicated in the great majority of deaths, the nation's governors are moving to get a grip on the problem. On Tuesday, the National Governors Association (NGA) released a roadmap to help support governors and state officials in developing policy solutions to address unprecedented opioid overdose rates. Titled Implementing Best Practices Across the Continuum of Care to Prevent Overdose, the roadmap outlines concrete solutions across the full spectrum of health services, from the foundations, to prevention, harm reduction, treatment, and recovery.

By limiting their policy prescriptions to health services, the governors avoid tackling the prickly politics of drug prohibition and the role it plays in the overdose crisis. The words "legalization" and "decriminalization" do not appear once in the 79-page report. On the other hand, law enforcement is not mentioned as playing a role in addressing the problem, either.

Developed in coordination with the O'Neill Institute at Georgetown University Law Center, the roadmap is based on the contributions of more than 30 subject matter experts and 20 states and territories -- providing governors with specific, actionable recommendations to prevent overdose across five pillars of the Substance Use Disorder Continuum of Care.

This is not the first time the governors have addressed the topic. In fact, this report can be seen as an update to the NGA's 2016 Roadmap, which covered much of the same territory. The latest iteration, however, reflects the evolving nature of the ongoing drug overdose epidemic and includes strategies specific to the rise of illicitly manufactured fentanyl.

The continued attention is needed. From 2019 to 2021, overdose death rates increased in all 50 states; death rates in 40 states increased by more than 25 percent. The national overdose death rate in 2021 reached 32.4 per 100,000 people, compared to 6.1 in 1999. Overdose deaths among adolescents increased 109 percent from 2019 to 2021, despite low youth substance use rates.

For each of the five pillars -- foundations, prevention, harm reduction, treatment, and recovery -- the NGA roadmap makes specific recommendations:

Foundations

  • Establish a state government coordinating body to set a statewide vision for overdose prevention.
  • Invest in state infrastructure to maximize resources.
  • Seek and include the perspectives and leadership of people with a variety of lived experiences.
  • Invest in evaluation and test new ideas. Promote evidence-based requirements for funded prevention initiatives.
  • Nurture and grow a mental health and substance use workforce that reflects the populations served.

Prevention

  • Champion and invest in initiatives that support family cohesion and well-being.
  • Promote evidence-based requirements for funded prevention initiatives.

Harm Reduction

  • Maximize federal resources and braid funding to promote health and reduce harm for people who use drugs.
  • Implement targeted and low-barrier distribution strategies for overdose reversal agents (ORAs) such as naloxone.
  • Champion changes that allow for the distribution of harm reduction tools.

Treatment

  • Implement and invest in policies and programs that expand Medication for Opioid Use Disorder (MOUD) access beyond the office setting.
  • Implement and invest in evidence-based treatment and access models.
  • Maximize federal funding resources for treatment.
  • Assess state-level policies that restrict access.
  • Make all MOUD treatment forms available to those involved in the criminal legal system.

Recovery

  • Foster communities that support recovery.
  • Champion changes to policies to establish recovery residence standards.
  • Invest in small businesses and community-based organizations led by and employing people with lived experience who represent the communities they serve.

The roadmap goes into gritty, granular detail on each of these recommendations and policy-makers and advocates alike would be well advised to dig deeper. Overall, the NGA provides a progressive, evidence-based approach to dealing with drug overdoses. There is much to apply here.

Ramaswamy Talks Drug Decriminalization, SD 2024 Legal Pot Initiative Coming, More... (8/15/23)

The National Governors Association has a plan for dealing with drug overdoses, Peru and the US have renewed an agreement to force down drug smuggling aircraft, and more.

GOP presidential contender Vivek Ramaswamy breaks with Republican orthodoxy on drug policy. (CC -- Gage Skidmore)
Marijuana Policy

South Dakota Activists to Try Again with 2024 Marijuana Legalization Initiative. Local activists are hoping the third time is the charm when it comes to legalizing marijuana possession in the state. A 2020 legalization initiative was approved by voters only to be shot down by a state Supreme Court acting at the behest of Gov. Kristi Noem (R) and her political allies, and a 2022 legalization initiative was narrowly defeated at the polls.

Now, South Dakotans for Better Marijuana Laws has filed initial papers for a 2024 legalization initiative. This measure would legalize the possession of up to two ounces by people 21 and over and allow for the home cultivation of up to six plants. The initial draft contains no mention of taxed and regulated marijuana commerce.

The public now has until August 21 to comment on the draft. Once state authorities have okayed petitions for circulation, supporters will need 17,509 valid voter signatures by May 7, 2024 to qualify for the 2024 ballot.

Drug Policy

National Governors Association Releases Roadmap for Tackling Drug Overdose Epidemic. The National Governors Association (NGA) released a roadmap to help support Governors and state officials in developing policy solutions to address unprecedented opioid overdose rates. Titled Implementing Best Practices Across the Continuum of Care to Prevent Overdose, the roadmap outlines concrete solutions across the full spectrum of health services: foundations, prevention, harm reduction, treatment, and recovery.

Developed in coordination with the O'Neill Institute at Georgetown University Law Center, the roadmap is based on the contributions of more than 30 subject matter experts and 20 states and territories -- providing Governors with 17 specific, actionable recommendations to prevent overdose across five pillars of the Substance Use Disorder Continuum of Care.

An update to NGA's 2016 roadmap, the new publication reflects the evolving nature of the ongoing drug overdose epidemic and includes strategies specific to the rise of illicitly manufactured fentanyl. The roadmap highlights 10 states' initiatives that exemplify best practices and innovative strategies in overdose prevention.

Vivek Ramaswamy Breaks with GOP Pack on Drug Decriminalization. Republican presidential nomination contender Vivek Ramaswamy is creating some space in a crowded field by edging away from the Republican consensus on a hardline drug policy. While on the campaign trail, he has frequently addressed issues around the war on drugs and the toll of fentanyl overdose deaths.

"You don't hear me talk about the war on drugs. I'm not a war on drugs person," Ramaswamy said while appearing at an event in New Hampshire in June. "I am probably the only person in the modern history" of the party to talk about "off ramps" for people trying to get off drugs, including the use of "psychedelics, from ayahuasca to ketamine," he said.

"I'm eyes wide open and willing to be bold in crossing boundaries we haven't yet crossed to address the demand side of this as well," Ramaswamy said. "I think in the long run, and I'm talking about over a long run period of time, decriminalization, serially, is an important part of the long run solution here… That's gotta be part of the solution," he later added.

Similarly, last month, he said that rather than being "a war on drugs guy," he was "actually a path to legalization guy for a lot of different drugs, and a path to reasonable decriminalization. Many veterans are dying of fentanyl. I think fewer would be dying if there was access to ayahuasca, if there was access, legal access, to psychedelics more broadly. We can talk about, we can have a reasonable conversation about ketamine and others. So, I'm in that direction," he said.

He also argued that marijuana should be decriminalized now. "We got to catch up with the times. It's not a popular position in the Republican Party, but I'd just, again, I guess I'm going to speak the truth. Whether you vote for me or not is your choice. I think the time has come to decriminalize it," he said.

International

Peru, US Revive Air Security Agreement to Combat Drug Trafficking. The government of President Dina Boluarte has announced an air security agreement with the US that aims to prevent drug smuggling aircraft from entering Peruvian airspace. The agreement revives a bilateral security agreement with the US that was ended 20 years ago after Peruvian fighter jets downed a civilian aircraft with American missionaries aboard, killing one missionary and her infant daughter.

It will different this time, said Peruvian Defense Minister Jorge Chaves, who emphasized that any interdictions of aircraft under the agreement will be carried out through nonlethal means.

"With this, Peru will be able to exercise and use non-lethal air interdiction. Drug gangs and cartels are notified," said Alberto Otárola Peñaranda, President of the Council of Ministers. "The country will start an intense fight against the entry of illegal planes that violate our sky. We will act without contemplation to intercept them," he stressed.

Swiss Court Rules That Small Amounts of Drugs Should No Longer Be Confiscated. The Federal Tribunal, the country's highest court, ruled recently that people caught with "small amounts" of illicit drugs should be able to keep them. The decision came in a marijuana case, but is likely to also be applied to other drugs, such as cocaine, according to Swiss legal experts.

It is unclear, however, what "small amounts" means for different drugs. And it is important that the different cantons develop coordinated definitions and approaches since they are the government units that will implement the changes.

(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.)

Manhattan US Attorney Warns on Safe Injection Sites, Ayahuasca Church Moves to Maine, More... (8/8/23)

Four veterans are suing New York marijuana regulators over the application of social equity provisions, New Hampshire's governor signs a fentanyl and xylazine test strip decriminalization bill into law, and more.

Fentanyl test strips are now decriminalized in New Hampshire. (Creative Commons)
Marijuana Policy

New York Lawsuit Challenges Application of Marijuana Social Equity Provisions in State Law. Four veterans have filed a lawsuit against the state's marijuana regulators, the Office of Cannabis Management and the Cannabis Control Board. The lawsuit charges that although service-disabled veterans are listed as a sub-group of social equity applicants who are supposed to be prioritized for licenses, the regulating agencies have established a process that makes having a marijuana-related criminal conviction an initial eligibility requirement, disqualifying disabled vets who would otherwise be eligible under the social equity provisions.

"The statute specifically included those individuals as individuals that would be prioritized with respect to applying for and gaining approval of an adult use retail license," said plaintiff's attorney Matt Morey. "The regulations that were then adopted, well not necessarily prohibiting any disabled service veteran from applying, they would have to then satisfy the other various CAURD (conditional adult-use retail dispensary) requirements, which is that they were convicted of a marijuana-related offense prior to March 31 of 2021," Morey said.

The lawsuit has resulted in temporary injunction from the judge in the case that bars the state from issuing any new licenses or approving any new retail outlets to open. That injunction will last at least until Friday when the judge will hear arguments about whether the current program is constitutional.

Psychedelics

Ayahuasca Church Moves to Maine. A church that uses ayahuasca as a sacrament in its services has relocated from New Hampshire to Maine. The church, Pachamama Sanctuary, has obtained 40 acres of land in Casco to serve as a retreat center and spiritual sanctuary.

"People in the community come here to make a connection with the spirit, with God, higher power, whatever they decide to call it," said Derek Januszewski, founding pastor of the church.

Januszewski said the church moved not because of legal hassles in New Hampshire -- there were none -- but because of zoning problems with their old building.

Although ayahuasca contains DMT, a Schedule I drug under the Controlled Substances Act, the US Supreme Court ruled in 2006 that a small religious sect originating in Brazil, the Uniao Do Vegetal (Union of the Vegetable) was entitled under the Religious Freedom Restoration Act to use it for religious purposes. It is not clear if the Pachamama Sanctuary is part of that church.

Harm Reduction

Manhattan US Attorney Warns He Could Shut Down New York City Safe Injection Sites. US Attorney for the Southern District of New York Damian Williams said Monday that two city-approved safe injection sites are operating in violation of state and federal law and that he could be forced to act if the situation does not change.

"I have repeatedly said that the opioid epidemic is a law enforcement crisis and a public health crisis," said Williams. "But I am an enforcer, not a policymaker." The situation is "unacceptable," he added. "My office is prepared to exercise all options -- including enforcement -- if this situation does not change in short order."

Although widely accepted in Europe, Australia, and Canada, safe injection are considered illegal in the US under the "crack house statute," which bars people from maintaining property where controlled substances are consumed. A Philadelphia safe injection site effort was blocked by the Trump-era Justice Department, and that case remains unresolved as the Biden Justice Department attempts to negotiate a settlement.

But faced with a growing drug overdose crisis, New York City did not wait for the resolution of that case or for lawmakers to change state law and instead okayed two safe injection sites in December 2021.

New Hampshire Decriminalizes Fentanyl, Xylazine Test Strips. Late last week, Gov. Chris Sununu (R) signed into law House Bill 287, which decriminalizes fentanyl and xylazine test strips by removing them from the state's definition of drug paraphernalia.

Fentanyl was implicated in 410 of the state's 486 drug overdose deaths last year.

Under previous state law, only needle exchange programs were allowed to distribute test strips. People in possession of test strips who were not needle exchange workers or clients could be charged with a misdemeanor punishable by up to a year in jail.

San Francisco Has Magic Mushroom Churches, DeSantis Doubles Down on Cartel Threats, More... (8/7/23)

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)
Psychedelics

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.)

SAMSHA Seeks Comment on Harm Reduction Draft, MN Era of Legal Weed Begins, More... (8/2/23)

An effort to repeal South Dakota's voter-approved medical marijuana law gets underway, the Red Lake Reservation sees the first legal recreational marijuana sales in Minnesota, and more.

Welcome to weed world, Minnesota!
Marijuana Policy

Minnesota Marijuana Legalization Now in Effect. Today is day two of legal marijuana in the Land of 10,000 Lakes. Legalization went into effect on August 1 after the legislature approved it earlier this year. The state is now the 23rd to have freed the weed.

Now, people 21 and over can possess and grow their own marijuana, although most retail sales are still months away. People can grow up to eight plants, though only four may be in flowering. The plants must be grown in an enclosed, locked space that is not open to public view, whether that's indoors or in a garden.

And they can possess up to two ounces of marijuana flower, eight grams of concentrate, and 800 milligrams of THC-containing edibles, such as gummies or seltzers.

Minnesota Tribe Launches First Legal Marijuana Sales in State. The first legal marijuana sale in the state took place Tuesday on the Red Lake Reservation, with the first sale going to a tribal employee as journalists, tribal leaders, and more than a hundred lined up customers looked on.

The reservation's NativeCare dispensary is the only legal adult sales dispensary in the state. State officials have yet to establish a licensing system for recreational use sales, but because the reservation is sovereign native land, the shop there did not have to wait for the state to get its system up and running.

"We're proud to be the first," Red Lake Tribal Secretary Sam Strong said. "We're excited for people to come onto the reservation."

Medical Marijuana

South Dakota Effort to Repeal Medical Marijuana Launches. Rural Butte County famer Travis Ismay has taken time off from harassing the local county commission over various issues, including a medical marijuana dispensary in the country to submit a proposed ballot initiative that would repeal the state's medical marijuana program, outlaw the dispensaries currently in operation, and make all use and possession of marijuana a crime.

He faces an uphill battle. Voters in the state approved a medical marijuana program via a 2020 initiative that garnered 68.5 percent of the vote. The measure would need some 17,000 valid voter signatures by the first Tuesday next May to qualify for the 2024 ballot, and beyond Mr. Ismay, there is no sign of any organized campaign to get it done.

Harm Reduction

SAMHSA Invites Comments on Draft Harm Reduction Framework. The National HIV/AIDS Strategy calls for integrated programs to address the syndemic of HIV, STIs, viral hepatitis, and substance use and mental health disorders. This includes facilitating the linkage of HIV services to substance use disorder treatment, syringe services programs, and other evidence-based harm reduction programs.

The Substance Abuse and Mental Health Services Administration (SAMHSA) recently published its draft Harm Reduction Framework and invites public comments via web form, no later than August 14, 2023 at 5:00pm ET. Further information about submitting comments here.

FDA Approves Second OTC Nasal Naloxone Spray, Singapore Hangs Another Drug Offender, More... (7/28/23)

GOP senator files bill mandating social media cooperation with law enforcement against drug trafficking, bipartisan senators file bill to ease access to fentanyl test strips, and more.

RiVive naloxone nasal spray has been approved by the FDA. (Harm Reduction Therapeutics)
Drug Policy

Rick Scott Files Social Media Act to Combat Online Drug Sales. Sen. Rick Scott (R-FL) on Friday introduced the Stopping Online Confusion for Investigative Agencies and Law Enforcement by Maintaining Evidence Determined Interparty Arrangements (SOCIAL MEDIA) Act to combat the sale of fentanyl and other illicit drugs on social media platforms. The SOCIAL MEDIA Act will allow for better law enforcement coordination in criminal cases with social media platforms by requiring 24/7 staffed-in-the-USA call centers for fielding information requests with clear guidelines for agencies to best expedite the process. This bill will promote enhanced data collection, transparency in the data collected, and uniformity in data presented to better compare platform to platform on their efforts to combat illegal drug sales.

The SOCIAL MEDIA Act fhas been endorsed by the National Sheriffs' Association, the Partnership for Safe Medicine and the Major County Sheriffs of America.

Harm Reduction

FDA Approves Second Over-the-Counter Naloxone Nasal Spray Product. The Food and Drug Administration (FDA) on Friday approved RiVive, 3 milligram (mg) naloxone hydrochloride nasal spray for over the counter (OTC), nonprescription use for the emergency treatment of known or suspected opioid overdose. This is the second nonprescription naloxone product the agency has approved, helping increase consumer access to naloxone without a prescription. The timeline for availability and the price of this nonprescription product will be determined by the manufacturer.

"We know naloxone is a powerful tool to help quickly reverse the effects of opioids during an overdose. Ensuring naloxone is widely available, especially as an approved OTC product, makes a critical tool available to help protect public health," said FDA Commissioner Robert M. Califf, M.D. "The agency has long prioritized access to naloxone products, and we welcome manufacturers of other naloxone products to discuss potential nonprescription development programs with the FDA."

The FDA has taken a series of steps to help facilitate access to opioid overdose reversal products and to decrease unnecessary exposure to opioids and prevent new cases of addiction. The agency approved the first nonprescription naloxone nasal spray product in March 2023, the first generic nonprescription naloxone nasal spray product in July 2023 and over the last year has undertaken new efforts to expand opioid disposal options in an effort to reduce opportunities for nonmedical use, accidental exposure and overdose.

The FDA granted the nonprescription approval of RiVive to Harm Reduction Therapeutics.

Bipartisan Senate Bill to Increase Access to Fentanyl Test Strips Filed. A bipartisan group of senators on Thursday filed a bill to clarify that the federal drug paraphernalia statute excludes fentanyl test strips, which remain criminalized as drug paraphernalia under state laws in more than 20 states.

Sens. John Cornyn (R-TX), Chris Coons (D-DE), Tom Cotton (R-AR), Bill Cassidy (R-LA), and Amy Klobuchar (D-MN) are all cosponsors of the Fentanyl Safe Testing and Overdose Prevention Act. Companion legislation, HR 3653 was introduced in May in the House.

"This legislation would help prevent deaths due to fentanyl poisoning by giving people the tools to identify it, and I urge my colleagues to pass it without delay," Cornyn said. His state, Texas, has experienced one of the nation's worst rates of fentanyl overdoses, which skyrocketed nearly 600% over the last year, according to the state's Department of Health and Human Services.

The Fentanyl Safe Testing and Overdose Prevention Act would also apply to test strips for xylazine, a powerful animal tranquilizer approved by the Food and Drug Administration only for veterinary use. Officials have warned the public that the sedative, which has been found to be mixed with fentanyl in several states, can create a deadly drug cocktail.

International

Singapore Hangs Woman Drug Offender for First Time in 20 Years; Second Drug Execution This Week. Singaporean national Saridewi Djamani was executed Friday in the first known execution of a woman in Singapore since 2004. She was found guilty of possession of around 30 grams of diamorphine (heroin) for the purposes of trafficking. A Singaporean Malay man, Mohd Aziz bin Hussain, was executed on Wednesday after being found guilty in 2018 for trafficking around 50 grams of diamorphine (heroin). Both had been sentenced to the mandatory death penalty in 2018.

Singapore has now executed 15 people for drug related offenses since March 2022, when executions resumed after a hiatus of two years. Four of these were known to have been carried out in 2023. Singapore's close neighbour Malaysia has observed an official moratorium on executions since 2018 and has recently repealed the mandatory death penalty, including for drug-related offences. The Transformative Justice Collective reported that a third execution has been set for 3 August, of a man convicted and sentenced to the mandatory death penalty for possession of 54 grams of diamorphine for the purpose of trafficking.

Both the UNODC and the INCB -- two UN bodies in charge of developing and monitoring drug policies -- have condemned the use of the death penalty for drug-related offences and have urged governments to move towards abolition. Singapore is one of only four countries, alongside China, Iran and Saudi Arabia, where executions for drug-related offences were confirmed in 2022.

RI Pot Shop Sues over Labor Agreement Requirement, Trouble in Chilpancingo, More... (7/12/23)

North Carolina will go another year without approving medical marijuana, San Francisco gets $1 million in state funding to do mobile drug checking, and more.

San Francisco is getting $1 million in state funds to support mobile drug checking services in a bid to reduce overdoses. (CC)
Marijuana Policy

Rhode Island Marijuana Shop Sues State over Labor Union Requirement. Greenleaf Compassionate Care Center in Portsmouth, which has operated as a medical marijuana dispensary since 2013, has filed a lawsuit against the state, charging that its adult-use legalization law's requirement that pot retailers sign labor agreements with "bona fide labor organizations" is unfair and "oppressive."

Greenleaf's CEO, Seth Bock, said once the law was passed, he lost leverage in labor negotiations: "You either meet their demands and obtain a peace agreement or you go out of business under Rhode Island law," he said.

The lawsuit seeks to have the labor agreement requirement declared unconstitutional and for a collective bargaining agreement he was negotiating that included a $1,000 bonus for employees to be nullified. Greenleaf employees had voted to join the United Food and Commercial Workers Local 328 in 2021 but had not completed the agreement when the adult-use law came into effect.

Advocacy group Reclaim Rhode Island, which was among groups lobbying for the union requirement, called the lawsuit "absurd."

"It seems absurd to me that the owner of a cannabis dispensary benefiting from a highly regulated, limited-supply cannabis license is objecting to a law simply because it ensures that their workers receive good wages, dignity on the job and the protection of the union," Reclaim Rhode Island organizer Daniel Denvir said.

Medical Marijuana

North Carolina Medical Marijuana Bill Probably Dead for This Year. Legislation that would legalize medical marijuana in the state is probably dead for the rest of this year's legislative session, House Speaker Tim Moore (R) said Tuesday. The Senate had passed a medical marijuana bill, Senate Bill 3, four months ago, but other than a single committee hearing, it has languished in the House.

Moore said he agreed with the assessment of House Majority Leader John Bell (R) that there was not enough support in the Republican caucus for the bill to advance further. The GOP caucus has a rule that a majority of its members must be willing to vote for a bill on the House floor for it to get heard, even if the measure could pass with support from Democrats.

Complying with the rule "would require a number of House members who've taken a position of 'no' to literally switch their position to want to vote for it, and I just don't see that happening," Moore said.

Harm Reduction

San Francisco Gets $1 Million in State Funding to Expand Drug Checking Program. Gov. Gavin Newsome (D) has approved $1 million in new state funding to expand San Francisco's drug checking program, which aims to reduce drug overdoses from illicit drugs. This comes after the state granted the city $60 million to buy and stock the opioid overdose reversal drug naloxone, another harm reduction move to cut the state's overdose toll. The new money will go to the city Department of Public Health to fund four mobile drug checking units.

"This generous grant will enable San Francisco to significantly expand access to no-questions-asked drug checking services for recreational users of all drugs -- and it will save lives," said San Francisco Supervisor Matt Dorsey.

International

Mexican State Capital Besieged by Thousands of Protestors After Arrests of Two Cartel Leaders. Supporters of a local cartel in Chilpancingo, the capital of the south-central state of Guerrero besieged government buildings, battled with police and national guard troops, took government employees hostage, and crashed an armored vehicle through the gates of the state legislature.

The unrest came after state police arrested two leaders of the criminal gang Los Ardillos (the Squirrels) and indicted them Monday on drugs and weapons charges. That triggered a massive march by residents of villages on the outskirts of the city of 300,000. It took more than 24 hours for the state government to defuse the violence by promising future public works. Protestors then released 13 state police officers, national guard soldiers, and civilian government employees and ended their blockade of the toll road from Mexico City to Acapulco, which sits on Guerrero's Pacific Coast.

"Today criminals don't benefit only from a frightening arsenal, but a terrifying capacity to bring people into the streets and confront security forces," said the left-wing daily La Jornada in an editorial. The Mexico City newspaper said state and federal authorities had ignored the problems of the impoverished state, allowing crime groups to "create a social base."

"What was different about this was the scope of the whole thing," said Falko Ernst, Mexico analyst for the International Crisis Group. The protesters "took over not just a whole city, government installations and a major highway in Mexico, but they also took public officials hostage."

Scotland Calls for Drug Decrim, Germany Unveils Draft Legalization Bill, More... (7/7/23)

Florida's governor signs a bill allowing medical marijuana patients to use telehealth, a trio of Pennyslvania medical marijuana bills is heading for a Senate floor vote, and more.

Florida medical marijuana patients will be able to re-up using telehealth once a new law goes into effect. (Pixabay)
Medical Marijuana

Florida Governor Signs Bill Okaying Telehealth for Medical Marijuana. Gov. Ron DeSantis (R) has quietly signed into law a measure allowing the use of telehealth to renew medical marijuana recommendations, House Bill 387. To obtain a medical marijuana patient card, however, an in-patient examination by a physician is still required.

Pennsylvania Bill to Allow Medical Marijuana for Any Condition AdvancesA bill that would loosen up the state's medical marijuana program, most notably by eliminating the requirement that a patient have a specified medical condition to qualify for its use, has passed the Senate Law & Justice Committee on a 10-1 vote.

Senate Bill 835 would also eliminate the expiration date on medical marijuana cards, allow medical marijuana to be sold in edible form, and give independent medical marijuana growers and processors additional retail dispensary permits.

The committee also passed Senate Bill 538, which also allows for medical marijuana edibles, as well as vaping, and Senate Bill 773, which also allows new licenses for growers and processors. All three bills now head for a Senate floor vote.

International

Germany Unveils Draft Marijuana Legalization Bill. The Health Ministry has released a draft of its proposed marijuana legalization bill, providing it to state officials and the public for review. The bill would allow people over 18 to possess up to 25 grams of marijuana and grow up to three plants for personal use, but they would not be allowed to extract oils or more concentrates from their harvests. It would also set rules for the creation of social clubs where members could purchase marijuana.

Officials are also planning to introduce a complementary second measure that would establish pilot programs for commercial sales in cities throughout the country.While the first pillar of the draft law is expected to be taken up by the cabinet next month, the pilot program for commercial sales is set for later this year after consultations with European Union officials.

Scottish Government Calls for Drug Decriminalization, British Home Office Says No Way. Scotland's Drugs Policy Minister Elena Whitman has announced that the government is calling for drug possession to be decriminalized, saying people should be "treated and supported rather than criminalized and excluded." It is also calling for British law to be changed to allow for safe injection sites, as well as for more drug checking and more access to emergency treatment for drug overdoses.

"The war on drugs has failed," she said. "That's a fact. I don't think we can dispute that. Our current drug law does not stop people from using drugs, it does not stop people from experiencing the harm associated and, critically, it does not stop people from dying. "In fact, I would say today here, that criminalization increases the harms people experience. Criminalization kills."

The Tory Home Office in London, which controls drug policy across Britain, was having none of it: "Illegal drugs destroy lives and devastate communities," a Home Office spokesman said. "We are committed to preventing drug use by supporting people through treatment and recovery and tackling the supply of illegal drugs, as set out in our 10-year drugs strategy. We have no plans to decriminalize drugs given the associated harms, including the risks posed by organized criminals, who will use any opportunity to operate an exploitative and violent business model."

Delaware Fentanyl/Xylazine Test Strip Pilot, SAFE Banking Act Could Get Committee Vote, More... (7/6/23)

A bipartisan marijuana legalization bill is filed in Pennsylvania, New York puts legal weed sales at farmers markets on hold, and more.

A farmers market. There is no weed for sale at New York farmers markets -- at least not yet. (Pixabay)
Marijuana Policy

Senate SAFE Banking Act Committee Vote Could Come This Month. Key senators have said they want to hold a vote on the long-awaited Safe and Fair Enforcement (SAFE) Banking Act (S. 1323) this month as the Senate reconvenes after the 4th of July holiday. Senate Banking Committee Chairman Sherrod Brown (D-OH) said he would "like" to hold a vote this month but that "it depends" on whether unrelated bills the committee has already passed make it to a Senate floor vote.

Similarly, bill sponsor Sen. Jeff Merkley (D-OR) said legislators were "going to do a deep plunge now and try to set the stage, hopefully, for a markup when we return from break."

The bill, which repeatedly passed the House in previous years only to die in the Senate, would provide state-legal marijuana businesses with access to the financial system. Currently, the industry must deal almost exclusively with cash, leaving workers and owners vulnerable to theft and robbery.

New York Governor Delays Plan to Allow Legal Weed Sales at Farmers Markets. Gov. Kathy Hochul (D) is pausing a program to allow licensed marijuana growers and retailers to sell marijuana at farmers markets before it even got started. The Office of Cannabis Management (OCM) had announced the plan last month as part of an effort to help legal growers sitting on a mountain of weed -- more than 300,000 pounds -- because of the extreme slowness of opening up state-licensed retail outlets. Only 16 retailers and delivery services are open across the state.

But the Hochul administration made clear Wednesday that farmers market sales were not happening yet. "We are committed to the success of New York's equitable cannabis industry, and are always open to considering opportunities to strengthen the program. No final decisions have been made with respect to farmers markets," said Office of Cannabis Management spokesman Aaron Ghitelman.

The industry isn't happy: "The failure to roll out the farmer's market program is just the latest in OCM's long list of broken promises," said Rev. Kirsten John Foy, spokesman for the Coalition for Access to Regulated & Safe Cannabis. OCM has been ineffective at every turn; growers, CAURD licensees, disabled veterans, workers, consumers, medical cannabis patients and individuals harmed by cannabis prohibition are paying the price for its ineptitude -- all while the illicit market booms."

Pennsylvania State Senators File Bipartisan Marijuana Legalization Bill. Sens. Dan Laughlin (R-49) and Sharif Street (D-3) have introduced bipartisan legislation, Senate Bill 846, to legalize adult use of marijuana in Pennsylvania.

"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."

The legislation would grant licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. Moreover, it expunges non-violent marijuana convictions for medical marijuana patients, which has also been championed in a bipartisan fashion, and goes further to expunge all nonviolent marijuana convictions.

Harm Reduction

Delaware Begins Pilot Program to Test for Both Fentanyl and Xylazine. State health officials have launched a pilot program to test substances for the presence of both fentanyl and xylazine, the veterinary tranquilizer known as "tranq" that has now made its way into unregulated drug markets. The testing strips used detect the presence of either drug.

The test strip is the new HARMGuard FX test strip and cost about $3 each -- although the price could go down with bulk orders. The state initially ordered 500 of the test strips.

Civil Asset Forfeiture Reform Bill Advances in House, RI House Passes Psilocybin Decriminalization, More... (6/15/23)

Oklahoma's governor vetoes a medical marijuana regulation bill, Texas's governor signs into law a bill allowing murder prosecutions for fentanyl overdose deaths, and more.

Texas will now allow prosecutors to seek murder charges in cases of fentanyl overdoses. (Creative Commons)
Medical Marijuana

Oklahoma Governor Vetoes Medical Marijuana Regulation Bill. Gov. Kevin Stitt (R) has vetoed a bill that would have imposed more regulations on the state's medical marijuana industry, Senate Bill 437. Among other provisions, the bill would have required the Oklahoma Medical Marijuana Authority to maintain a registry of physicians recommending medical marijuana and would have required dispensary workers to comply with continuing education requirements. Stitt did not issue a veto message or give any other indication of why he vetoed the bill.

Opiates and Opioids

Texas Governor Signs into Law Bill Allowing Murder Charges for Fentanyl-Related Overdose Deaths. Gov. Greg Abbott (R) on Wednesday signed into law House Bill 6, which increases penalties for selling and distributing fentanyl and allows prosecutors to seek murder charges for fentanyl makers or sellers if someone dies as a result of a fentanyl overdose.

"Fentanyl is an epidemic that very simply, is taking too many lives," Abbott said during the bill signing ceremony. "Because of the courageous partnership of grieving family members Texas legislators and our office, we are enshrining into law today new protections that will save lives in Texas."

The legislature's commitment to saving lives of fentanyl users only goes so far, though. A bill that would have legalized fentanyl test strips died in the Senate after passing the House.

Psychedelics

Rhode Island House Approves Psilocybin Decriminalization Bill. The House on Monday approved House Bill 5923, which would decriminalize the possession of personal use amounts of psilocybin, the psychedelic compound in magic mushrooms. The bill would also allow for the therapeutic use of psilocybin to treat chronic mental disorders if the Food & Drug Administration approves it.

"This is a step toward addressing mental health treatment in a modern way based on evidence and research," said bill sponsor Rep. Brandon Potter (D). "Psilocybin can be used safely, both recreationally and therapeutically, and for our veterans and neighbors who are struggling with chronic PTSD, depression and addiction, it can be a valuable treatment tool. Adults in our state deserve the freedom to decide for themselves and have access to every treatment possible, rather than have our state criminalize a natural, non-addictive, effective remedy."

The bill would allow people to possess up to one ounce of psychedelic mushrooms or grow mushrooms containing psilocybin at home for personal use. It would also require the Rhode Island Department of Health to create rules for the use of psychedelic mushrooms.

Companion legislation, Senate Bill 0806, awaits action in the Senate.

Asset Forfeiture

House Judiciary Committee Approves Civil Asset Forfeiture Reform Bill. The House Judiciary Committee on Wednesday unanimously approved HR 1525, the Fifth Amendment Integrity Restoration (FAIR) Act, clearing the way for a House floor vote on the measure.

Sponsored by Reps. Jamie Raskin (D-MD) and Tim Walberg (R-MI), the act would increase the burden of proof on law enforcement and prosecutors to show that the seized property is related to criminal activity. It would also shorten the time authorities have to return seized goods. And it eliminates administrative forfeiture, forcing law enforcement to seek a court order before seizing property.

"This can create a perverse incentive to seize and sell the private property of potentially innocent citizens to increase agency revenues, despite some states' efforts to protect property rights," Judiciary Committee Chair Rep. Jim Jordan (R-OH) said. "The result is a system that unjustly infringes on the liberties of innocent American citizens."

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