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

Marijuana Policy

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

Asset Forfeiture

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

Drug Policy

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

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

But not a safe drug supply.

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

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

Marijuana Policy

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

Washington Bill Banning Pre-Employment Marijuana Drug Approved by Legislature. Both the House and the Senate have approved a bill, Senate Bill 5123, that would bar employers from taking adverse actions against new hires because of a failed drug test for marijuana. The Senate approved it last month, and the House passed it last week. Because of minor changes in the bill's text in the House, it must go back to the Senate for a concurrence vote this week. Then it will go to the desk of Gov. Jay Inslee (D). "It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person’s use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids."

Medical Marijuana

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

Psychedelics

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

Drug Policy

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

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

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

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

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

Harm Reduction

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

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.