Marijuana Policy

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Chronicle AM: Yang on Safe Injection Sites, Bloomberg on Marijuana, More... (12/5/19)

Michigan pot shops see high demand on opening day, Democratic contenders stake out drug policy positions, Maine finally has all pot business applications ready, and more.

Andrew Yang wants to decriminalize opiates and fund safe injection sites like this one in Vancouver. (vch.ca)

Marijuana Policy

Michael Bloomberg Backs Decriminalization as Marijuana Views Evolve Amid Presidential Run. Faced with criticism over his past positions on marijuana, former New York City mayor and Democratic presidential contender Michael Bloomberg has now come out in support of decriminalization, which still leaves him lagging behind most of the Democratic pack. "He believes no one should have their life ruined by getting arrested for possession, and, as a part of his reform efforts that drove incarceration down by 40 percent, he worked to get New York State laws changed to end low-level possession arrests," a spokesman said. "He believes in decriminalization and doesn’t believe the federal government should interfere with states that have already legalized."

Maine Says All Marijuana Licenses are Now Available. More than three years after voters legalized marijuana, the state has finally made available all applications for marijuana cultivation, products manufacturing and retail facilities. That means the state could see pot shops open by the spring.

Michigan Pot Shops Forced to Impose Purchase Limits as Demand Overwhelms. High customer volume is forcing marijuana retailers to limit purchases so there will be enough weed to go around. The four shops that opened Sunday saw combined sales of $221,000 that first day. Each of the four shops has had to turn customers away, too. Some customers waited as long as four hours to get inside.

Medical Marijuana

Florida Senator Introduces Bill Providing Broad Employment Protections to Medical Marijuana Users. A bill recently introduced by state Sen. Lori Berman (D) Would provide various protections to job applicants and employees who use medical marijuana. The measure is Senate Bill 962.

Harm Reduction

Andrew Yang Calls for Investments in Safe Injection Sites. Entrepreneur and Democratic presidential contender Andrew Yang says he supports government funding for safe injections sites as part of an effort to counter the country's overdose epidemic. "I would not only decriminalize opiates for personal use but I would also invest in safe consumption sites around the country," Yang said Thursday.

(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.)

DC Voters Still Like Marijuana Legalization, Native Plans to Sue Feds Over Reservation Pot Raid, More... (9/28/22)

Pot prohibitionists are backing a marijuana research bill, the Philippines DEA says it is okay with medical marijuana, and more.

Washington, DC. Residents would rather have a grey market than a crackdown. (Creative Commons)
Marijuana Policy

Pot Prohibitionists Get Behind Effort to Pass Federal Marijuana Research Bill. As the Senate turns toward considering marijuana banking reforms in the form of the Secure and Fair Enforcement (SAFE) Banking Act Plus, researchers associated with the prohibitionist group Smart Approaches to Marijuana (SAM) are instead urging Majority Leader Chuck Schumer (D-NY) to move on a bill that would greatly expand marijuana research. The House has already passed the Medical Marijuana and Cannabidiol Research Expansion Act (HR8454), but the bill has seen no action in the Senate. The SAFE Banking Act Plus includes a marijuana research provision, but the SAM researchers want to see the standalone bill passed instead, saying it was "vital" to pass it because marijuana use rates are rising.

DC Voters Support Marijuana Legalization, Oppose Crackdown on Gifting Grey Market, Poll Finds. Eight years after voters in the District of Columbia approved marijuana legalization, they still approve, a new poll finds The poll from Brilliant Corners Research & Strategies found support for legalization at 72 percent. While DC legalized pot, it has been barred from implementing legal recreational sales by Congress, resulting in a thriving grey "gifting" market. DC residents want a regulated market, not a crackdown, the poll found, with 76 percent supporting a regulated market and only 19 percent supporting shutting down the informal market.

Medical Marijuana

New Mexico Patient Plans to Sue Feds Over Raid on Tribal Land. Pueblo of Picuris tribal member Charles Farden is preparing to sue the Bureau of Indian Affairs (BIA) over a raid on his medical marijuana garden on tribal land last year. The raid destroyed nine plants he was growing. Now, he has filed a tort claim indicating he intends to sue the federal government, charging that the raid was carried out without a warrant and that it unveiled a federal double standard that discriminates against Native people. A congressional rider blocks the Justice Department from interfering in state-legal medical marijuana programs, but no such rider applies to the BIA, leading Native people uniquely vulnerable to federal marijuana efforts.

International

Philippines DEA Not Opposed to Medical Marijuana. The Philippine Drug Enforcement Agency (DEA) is ready to legalize medical marijuana, its director, Wilkins Villanueva, told a Senate committee hearing. But the island nation's other drug control body, the Dangerous Drug Board, said its position would be determined by its member health experts. "We have members from the Department of Health who are experts in these medical matters, so we defer to the position and recommendation of the DOH and the Philippine Medical Association," the board said. Medical marijuana is currently available for "compassionate use," but only at great expense. A bill to make medical marijuana available to all who need it is currently pending in the legislature. 

Arkansas Pot Initiative Cleared for November, CO Psilocybin Initiative Trailing, More... (9/23/22)

Republicans seek political advantage by calling Mexican cartels "terrorist organizations," the FDA eases rules for groups distributing the opioid overdose reversal drug nalxone, and more.

Colorado magic mushroom proponents have an uphill fight ahead of them, a new poll suggests. (Greenoid/Flickr)
Marijuana Policy

Arkansas Supreme Court Okays Marijuana Legalization Initiative for November Ballot. The state Supreme Court on Thursday held that the Responsible Growth Arkansas marijuana legalization initiative will be counted after all. The move comes after the Board of Election Commissioners ruled that the measure's ballot title was misleading, but the high court disagreed, holding that "initiative power lies at the heart of our democratic institutions" and that the board and prohibitionist groups who had intervened in the case "have not met their burden of proving that the ballot title is insufficient."

Psychedelics

Colorado Poll Has Psilocybin Initiative Trailing. A new poll has the magic mushroom decriminalization initiative, Proposition 122, well south of the 50 percent plus one votes needed to pass in November. The Fox 31/Chennel2/Emerson College/The Hill poll had only 36 percent supporting the measure, with 41 percent opposed and 23 percent undecided. While the large number of undecideds leaves room for hope, they would have to break pretty decisively in favor of the initiative for it to get over the top. Only Democrats favored the initiative (53 percent), while 61 percent of Republicans opposed it. Two racial/ethnic groups emerge as opponents: 64 percent of Blacks oppose it, as do 63 percent of multiracial voters.

Harm Reduction

Opioid Reversal Drug Access to Ease Under Relaxed FDA Rules. The Food & Drug Administration (FDA) announced Thursday that harm reduction programs distributing the opioid overdose reversal drug naloxone will not have to comply with certain federal product tracing requirements. The agency said it would not enforce certain Drug Supply Chain Security Act requirements on programs that are distributing the drug to at-risk communities while an opioid public health emergency exists. "Combating the opioid overdose epidemic is an urgent public health priority for FDA," the agency wrote in the guidance. The FDA "is committed to advancing solutions to reduce opioid overdose deaths in the United States, including by supporting efforts to increase public availability of and access to naloxone."

Foreign Policy

GOP Senators File Bill Designating Drug Cartels as Terrorist Organization. Sens. Roger Marshall (R-KS) and Rick Scott (R-FL) filed a bill Tuesday to formally designate Mexican drug cartels as foreign terrorist organizations. The Drug Cartel Terrorist Designation Act. "The illicit drugs and other deadly activities being carried out by cartels are killing Americans at record rates. Since Joe Biden and the Democrats continue to turn a blind eye, we are going to do something about it by designating the drug cartels as Foreign Terrorist Organizations," said Sen. Marshall. "As these cartels continue to invade our porous southern border in an increasingly militarized approach, this designation is needed to ramp up our efforts to combat them. We will not rest in our fight to stop fentanyl’s terrible scourge wreaking havoc in Kansas and across the US." Nonetheless, Mexican cartels are not foreign terrorist organizations; they are drug trafficking organizations.

GOP Texas Governor Designates Mexican Cartels as Terrorist Organizations. Gov. Gregg Abbott issued an executive order Tuesday that designated specified Mexican drug cartels as foreign terrorist organizations, although since Texas does not set US foreign policy it is not clear just exactly what that means. The order instructs the state Department of Public Safety (DPS) "to take immediate action to keep Texans safe amid the growing national fentanyl crisis." Abbott also directed DPS to identify Texas gangs that support the cartels and seize their assets. 

OK Legal Pot Initiative Won't Be on November Ballot, House Committee Advances Marijuana Bills, More... (9/22/22)

Jockeying over marijuana reform legislation in Congress continues, the Oklahoma Supreme Court says a marijuana legalization initiative won't be on the November ballot but can be voted on later, and more.

Marijuana remains a hot topic on Capitol Hill. (Creative Commons)
Marijuana Policy

House Marijuana Banking Bill Sponsor Says Schumer Reaffirms Commitment to Passing It. Rep. Ed Perlmutter (D-CO), the House sponsor of the Secure and Fair Enforcement (SAFE) Banking Act (HR 1996) says he spoke recently with Senate Majority Leader Chuck Schumer (D-NY) about passage of his bill in the upper chamber and Schumer said  he is "working on it" and is "going to get going" on the measure. "Whether that was just lip service or reality, there is momentum,"said Perlmutter. "We’re going to get this done. It probably won’t happen until the lame duck session after the elections, but I’ve always felt confident that commonsense will prevail and we’ll get this finished, and I think we will." The SAFE Banking Act has repeatedly been passed by the House, only to have consideration in the Senate blocked by Schumer, who has been holding out for a comprehensive marijuana legalization bill. But that bill is now not expected to move this session because it does not appear to have 60 votes in the Senate to get past a Republican filibuster.

House Judiciary Committee Approves Criminal Justice Bills, Including Sealing Records of Federal Marijuana Offenses. The committee led by Rep. Jerrold Nadler (D-NY) has approved a number of criminal justice measures, including bipartisan proposals to expunge records for prior federal marijuana offenses (HR 2864), provide funds for states that create systems of automatic expungements (HR 5651) and write into law retroactive relief for people imprisoned because of the crack/powder cocaine sentencing disparity (HR 5455) . The move comes as expectations increase that the Senate will soon see a package of modest marijuana reforms after prospects for the passage of a comprehensive marijuana legalization bill sponsored by Majority Leader Chuck Schumer (D-NY) fade.

Oklahoma Supreme Court Keeps Marijuana Legalization Initiative Off November Ballot. The state Supreme Court ruled Wednesday that the State Question 820 marijuana legalization initiative will not be on the November ballot. The court held that it could not be printed on ballot in time to comply with the deadline for mailing them to voters. The initiative met signature-gathering requirements, but got bogged down by a new state law requiring state officials to verify signatures in addition to counting them. But the initiative will eventually go before the electorate. The question "will be voted upon by the people of Oklahoma, albeit either at the next general election following November 8, 2022, or at a special election set by the Governor or Legislature,"the court ruled. 

Medical Marijuana Update

A Pennsylvania doctor who is also a medical marijuana patient is suing to be able to purchase a handgun, Oklahoma is prosecuting pregnant women who use medical marijuana, and more.

Louisiana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors. 

Oklahoma

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law,"said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law,"Kiesel said. "It’s important to remember, if you have a medical marijuana license, you are under the care of a physician."

Pennsylvania

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of non-violent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

State Treasurers Group Renews Call for Marijuana Banking Reform, NY MedMJ Home Grow Regs Adopted, More... (9/21/22)

Indiana lawmakers will meet next week to hear a report on marijuana policy, Louisiana lawmakers have created a task force to look at employment protections for medical marijuana patients, and more.

Marijuana Policy

State Treasures Reaffirm Support for Federal Marijuana Banking Reform at Annual Meeting. That National Association of State Treasurers (NAST) has reaffirmed its support for a resolution that calls on Congress to pass legislation to provide access to banks for the state-legal marijuana industry. The move came at its annual meeting Monday. The resolution says the NAST does not take a position on marijuana legalization but does back legislation to ease the industry's banking problems. The group cites the "ongoing conflict between states’ laws legalizing cannabis and current federal laws, resulting in the vast majority of financial institutions refusing to provide banking services to legal cannabis businesses." Leaving the industry without access to banking services is "inefficient, expensive, and opaque, making illicit activity more difficult to track and posing a significant risk to public safety by increasing the likelihood of violent crime." The resolution comes as pressure mounts to pass the Secure and Fair Enforcement (SAFE) Banking Act, which has repeatedly passed the House only to be stalled in the Senate by Majority Leader Chuck Schumer (D-NY), who continues to hold out for a full-fledged marijuana legalization bill.

Indiana Lawmakers to Meet Next Week to Hear Report on Marijuana Policy. Lawmakers will gather on Tuesday for the presentation of a study by a Public Health Summer Study Committee on the potential health benefits, decriminalization and consequences of Delta-8, Delta-9 and other THC products over the last few months. The study was promoted by reform advocates, who hope it will help lay the basis for medical marijuana and/or recreational marijuana legalization. The state Prosecuting Attorneys Council, which opposes both medical and recreational marijuana legalization, will also be present at the capitol to plead its case.

Medical Marijuana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors. 

Colombia President Tells UN Drug War Must End; Good MA, MO Pot Polls, More... (9/20/22)

The Missouri Democratic Party can't bring itself to endorse the marijuana legalization initiative, clashes between coca grower union factions in Bolivia continued for another week, and more.

Colombian President Petro remains on message about ending the war on drugs. (Creative Commons)
Marijuana Policy

Maryland Poll Has Strong Support for Marijuana Legalization Ballot Question. A new Goucher College poll consisting mostly of likely voters has support for the Question 4 marijuana legalization ballot question at 59 percent, with 34 percent opposed and seven percent undecided. The ballot question is a legislatively-initiated measure that would legalize recreational marijuana for adults. If it passes, a bill already passed by the House that would allow for the possession of up to 1,5 ounces of marijuana would be legalized and between 1.5 and 2.5 ounces of marijuana would be decriminalized.

Missouri Poll Has Strong Support for Marijuana Legalization Initiative. A new SurveyUSA poll of registered voters has support for the  Amendment 3 marijuana legalization initiative at 62 percent, with 22 percent opposed, and 16 percent undecided. If these numbers hold true, even if all undecideds decided to vote against the initiative, it would still win.

Missouri Democratic Party Declines to Endorse Marijuana Legalization Initiative. The state Democratic Party has decided to maintain a stance of neutrality on the  Amendment 3 marijuana legalization initiative. The party said that while it supports marijuana legalization, it is concerned that the measure "may negatively impact minorities, people of color, and low-income earning Missourians,"in a news release Monday. "Democrats have concerns about the expungement provisions laid out in the amendment, as well as making it difficult for those who do not currently have a license to enter the industry,"the party said. The initiative gives existing medical marijuana businesses a head start on recreational licensing, and that, too, is causing concerns among Democrats.

International

Colombia President Tells UN Democracy Will Die in World Doesn't End Drug War, Pursue Different Strategy. Colombian President Gustavo Petro told the UN General Assembly Tuesday that "democracy will die" if world leaders don't come together to end the current war on drugs. "The war on drugs has failed," he said. "The war on drugs has lasted 40 years. If we do not correct the course, and this continues another 40 years, the United States will see 2.8 million die of overdoses [from fentanyl], which is not produced in our Latin America,"he said. "You will see millions of African Americans be imprisoned in their private prisons. The [Black] prisoner will become a business of prison companies." Petro has previously said the war on drugs has left a million people dead in Latin America, and at the UN on Tuesday, he warned that if current policies continue, another million would die and "they will fill our lives with blood."

Another Week, Another Coca Clash in Bolivia. The two competing factions of coca growers seeking control of the Adepcoca coca growers' union clashed with stones in central La Paz Monday after separate marches into the city. On one side is a faction led by Arnold Alanes, which is close to the government and operated an officially unsanctioned "parallel" coca market in La Paz until it was burned down two weeks ago by member of a faction led Freddy Machicado, who is currently in jail after being arrested for the destruction of the "parallel" market. 

Trump Again Calls for Death Penalty for Drug Dealers, Peru Coca Crop Up, More... (9/19/22)

California's governor signs another batch of marijuana bills, a Pennsylvania doctor and medical marijuana patient sues over the ban on medical marijuana patients buying handguns, and more.

Peyote buttons. The Native American Church is asking Congress for help to preserve the psychoactive cactus. (Creative Commons)
Marijuana Policy

California Governor Signs Another Batch of Marijuana Bills. Gov. Gavin Newsom (D) on Sunday signed into law 10 marijuana bills, including a bill to allow interstate marijuana commerce, a bill to provide employment protections for marijuana users, a bill to make it easier to seal records of prior marijuana convictions, and a bill barring localities from banning medical marijuana deliveries. For too many Californians, the promise of cannabis legalization remains out of reach," Newsom said. "These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry. I look forward to partnering with the legislature and policymakers to fully realize cannabis legalization in communities across California."

Medical Marijuana

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of non-violent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

Drug Policy

At Ohio Campaign Rally, Trump Again Calls for Death Penalty for Drug Dealers. The defeated former president used a campaign rally for Ohio Republicans in Youngstown Saturday to reiterate his call to execute drug dealers. Painting an oratorical portrait of a country awash in crime, he said that "much of the crime wave is caused by drug dealers who during the course of their lives, will kill an average of 500 American citizens not to mention the destruction of millions of American families who are so devastated by drugs. It's an invasion of crime," he added. "And remember much of the crime that we talk about is caused by drugs. And I'm calling for the death penalty for drug dealers and human traffickers." Trump falsely claimed that the death penalty for drug dealers would "reduce drug distribution and crime in our country by much more than 75 per cent. That's in one day

"Every place that has a real death penalty ... they don't have any people dying of drugs. I mean, literally nobody, because these drug dealers are smart," he said. "They say ‘you know what, if I want to keep doing drugs, if I'm going to continue to sell them, I'm not doing them in China. I'll go someplace else like how about the United States of America where nothing happens?’ We would reduce crime in our country by much more than 75 per cent in one hour. In one hour, the day it's passed, it's got to be meaningful, but you would reduce it in one hour," he claimed. "I say it because it's very hard. Nobody ever talks this way. Nobody talks about the death penalty. It's a horrible thing to say. Even for me, it's a horrible thing."

The remarks were met with cheers from the crowd, which also cheered a Q-Anon anthem played at the rally's end and raised their arms in a one-finger Q-Anon salute to it. Trump was campaigning for Republican senatorial candidate JD Vance, who he said was "kissing my ass" to maintain his support It is not clear what Vance's position on the death penalty for drug dealers is.

Psychedelics

Native American Church Leaders Ask Congress for Money to Support Peyote Cultivation and Preservation. Leaders of the Native American Church, whose members can lawfully use the psychoactive cactus peyote, held multiple meetings with members of Congress last week in a bid to garner federal funding for efforts to preserve the limited habitats where peyote can be grown. The supply of peyote is limited and under strain, and Native American Church members want assistance to ensure that it remains available for future generations. Peyote is a slow-growing crop that takes 10 years to mature, and it is stressed by climate change, unsustainable agricultural practices, and increase non-Native use of the hallucinogen.Specifically, church leaders and the National Congress of American Indians (NCAI) are lobbying lawmakers to allocate $5 million in funding from USDA’s Conservation Reserve Program or Interior’s Office of the Assistant Secretary for Indian Affairs to provide compensation to landowners who agree to convert their property to protected peyote habitats.

International

Peru Reports Coca Crop Grew by 30 Percent Last Year. The area devoted to coca cultivation increased by more than 30 percent last year, reflecting rising coca cultivation in the country ever since 2015. Ricardo Soberon, head of the drug agency DEVIDA, said cultivation had reached 200,000 acres in 19 coca zones, up from 14 in 2020. Soberon said Peruvian producers were responding to high demand from the United States and Europe. "How can we act to reduce the supply if there is a growing demand to buy cocaine," he asked, pointing out that at a kilo of cocaine goes for $1100 in Peru, but nearly $45,000 in London or Paris. 

(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.)

White House Issues Annual Drug Countries List, CA Governor Signs Forced Treatment Bill, More... (9/16/22)

A federal appeals court shoots down yet another effort to move marijuana off Schedule I, new research finds prentant Black women are more likely to be tested for marijuana, and more.

The annual list of naughty and nice drug producing and trafficking nations is released. (Creative Commons)
Marijuana Policy

Federal Appeals Court Rejects Challenge to Marijuana's Schedule I Classification. A group of defendants who had been convicted on federal marijuana charges had their bid to have the substance removed from Schedule I of the Controlled Substances Act shot down by the US 2nd Circuit Court of Appeals at the end of August. They had argued that the scheduling of marijuana had no rational basis because it does not meet the criteria for a Schedule I drug and the court should "strike the offending statutory classification as unconstitutional"and leave reclassification to Congress. But the appeals disagreed, ruling that there is a "conceivable basis" for the classification.

Blacks Disproportionately Drug Tested for Marijuana During Labor, Analysis Finds. A study published in the journal Obstetrics & Gynecology found that patients ordered to undergo marijuana-specific drug screening during the labor and delivery process are disproportionately Black and are also likely to be on subsidized health insurance plans. The research assessed drug screening practices at one St. Louis hospital and found doctors ordered marijuana-related drug tests in 753 patients out of just under 4,000 deliveries. Seventy percent of those subjected to testing were Black. Marijuana tests were also more likely for those patients who were younger or on public insurance. Most subjected to testing came up negative, but of those who did positive, 90 percent were referred to child welfare authorities, even though there were no statistically significant differences between them and other mothers in terms of preterm birth rates or other indicators of natal health.

"Isolated marijuana use was a poor predictor of other substance exposure in our cohort, but a urine drug screening test result positive for marijuana exposed a historically underserved population that is already subject to pervasive systemic racism in the medical field to further stigmatization without changing outcomes. The utility of using isolated marijuana use as a criterion for urine drug screening appears limited in benefit but rife with inequitable potential to harm and should be carefully reconsidered in labor and delivery units for necessity," the authors concluded.

Drug Treatment

California Governor Signs Forced Drug Treatment Bill. To the dismay of drug reform and mental health advocates, Gov. Gavin Newsom (D) has signed into law Senate Bill 1338, the Community Assistance, Recovery, and Empowerment (CARE) Court Act, which create a civil court system in all counties that would force people who are experiencing substance use disorder and other mental health issues to undergo an involuntary court process and treatment plan. Although the CARE Act sailed through the legislature, the proposal was opposed by a wide range of advocates who feel it is a huge step in the wrong direction. It will take away people’s basic right to make their own decisions and force them into court-mandated treatment programs, which have been shown to often exacerbate harms while worsening existing health disparities and the overrepresentation of people of color in the criminal legal system. The CARE Act will fail to meet the urgent needs of our communities or offer a path to effective evidence-based treatment, recovery and other health services for Californians who are unhoused, struggling with substance use disorder, or experiencing other mental health issues, they argued.

Foreign Policy

White House Issues Annual List of Major Drug Trafficking and Producing Countries; Contains the Usual Suspects. The White House has released its annual Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2023 and has identified the following countries as major transit or drug producing countries: Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. The annual exercise also designated four countries—Afghanistan, Bolivia, Burma, and Venezuela—as "having failed demonstrably to make substantial efforts during the previous 12 months to both adhere to their obligations under international counternarcotics agreements." Notably, all four of these countries are political foes of the US, unlike major drug producing and trafficking countries such as Colombia and Mexico, which are US allies.

Grassley, Whitehouse Lead Senate Caucus in Issuing Report onStrategies to Combat Money Laundering By Drug Cartels. Sen. Chuck Grassley (R-IA), Co-Chairman of the Senate Caucus on International Narcotics Control, and Sen. Sheldon Whitehouse (D-RR), Chairman of the caucus, havereleased a bipartisan report entitled: Strengthening U.S. Efforts to Attack the Financial Networks of Cartels. The report offers recommendations for Congress and the Biden administration to reduce the supply of illicit drugs by closing loopholes in the U.S. anti-money laundering (AML) framework that enable narcotics traffickers to obscure and access their illicit proceeds.Senate Caucus on International Narcotics Control members Richard Blumenthal (D-CT), Maggie Hassan (D-NH), Ben Ray Luján (D-NM), and James Risch (R-ID) have also endorsed the report.

Its recommendations include: Help partner nations strengthen their institutions to better defend against corruption and implement justice sector reforms; better track whole-of-government efforts to combat narcotics-related illicit finance;  deploy experts in narcotics-related illicit finance to assist partner nations; authorize innovative and effective programs to combat international money laundering, such as Trade Transparency Units; use regulatory authorities to close loopholes in the U.S. AML framework, including by: ensuring greater transparency in the cross-border transportation of stored value or prepaid access devices, and fully implementing the beneficial ownership requirements of the Corporate Transparency Act; aggressively investigate, prosecute, and pursue the maximum allowable criminal penalties for culpable banks, employees, and executives who fail to timely report suspicious transactions; and address vulnerabilities in the AML framework by swiftly enacting the Combating Money Laundering, Terrorist Finance, and Counterfeiting Act. The report does not explain how these proposals to deepen the drug war would lead to any different result than decades of previous prohibitionist measures. 

OK Arrests Pregnant Women for Medical Marijuana, Bolivia Coca Leader Arrested, More... (9/15/22)

North Dakota activists cry foul over a financial summary of their legal pot initiative, the South Caroline Supreme ourt upholds civil asset forfeiture, and more. 

Coca farmers are clashing with each other in Bolivia. (DEA)
Marijuana Policy

Colorado Bill to Protect Marijuana-Using Workers Filed. Even though Colorado was the first state to legalize marijuana, it still does not have protections in place for people fired or not hired for using it. That could change under newly filed House Bill 1152 , which would not only protect workers from adverse consequences for off-the-job marijuana use but also allow medical marijuana patients to consume their medicine at work. Past attempts to pass such legislation have failed and the state Supreme Court has held that employers can fire medical marijuana users for off-duty use.

Missouri Lawmaker Files Marijuana Legalization Bill, Urges Special Session to Consider It. In a bid to fend off a marijuana legalization initiative, Amendment 3, Rep. Ron Hicks (R) filed his Marijuana Freedom Act on Wednesday, one day after a judge cleared the way for the initiative to be voted on in November. The bill is a revised version of a bill he filed earlier this year and advanced through committee during the regular legislative session. He is calling on Gov. Mike Parson (R) to include the bill in a pending special session, even though Parsons said recently he would not include it.

Nevada Judge Rules Pharmacy Board's Classification of Marijuana as Schedule I Substance Unconstitutional. District Judge Joe Hardy Jr. ruled Wednesday that the state Board of Pharmacy’s classification of cannabis as a Schedule 1 drug is unconstitutional. The ruling came in a lawsuit filed by the ACLU of Nevada, which argued that marijuana doesn't meet the definition of a Schedule I drug under state law because it has accepted medical uses. The judge agreed: "The constitutional right to use marijuana upon the advice of a physician does establish that marijuana has an accepted medical use and treatment in the United States," Hardy said.

North Dakota Activists Accuse State of Misleading Voters About Marijuana Legalization Initiative. Backers of the Initiated Statutory Measure No. 1 marijuana legalization initiative say the state's ballot summary misleads voters about the costs of the measure by failing to include any revenues from legalization in the summary. The state's fiscal summary reads as follows: "The estimated fiscal impact of this measure beginning in 2023 through the 2025-2027 Biennium is Revenue of $3,145,000 and Expenses of $4,985,000." That does not include revenues from legal marijuana, which would be taxed at 5 percent by the state, up to an additional 3 percent by localities, and a possible excise tax. Dave Owen, the chairman of New Approach North Dakota, called the fiscal summary "obviously incomplete" and "intentionally misleading." The state claims it is unable to calculate potential revenues, but an economics professor at North Dakota State University was able to come up with a projection that the state would get about $6 million in pot taxes each year.

Medical Marijuana

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law,"said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law,"Kiesel said. "It’s important to remember, if you have a medical marijuana license, you are under the care of a physician."

Asset Forfeiture

South Carolina Supreme Court Upholds Civil Asset Forfeiture Law But Urges Legislative Reform. The state Supreme Court on Wednesday upheld the state's civil asset forfeiture law but suggested the legislature could reform the law to make it more fair to seizure victims. "Several states have amended their statutory schemes to impose more stringent requirements on the government; however, the fact that certain states have legislatively altered their civil forfeiture laws provides no support for judicially changing ours,"the order said. "Legislative alteration might be a good thing, but we are not called upon to decide whether a change in the law would be wise."

International

 

 

. The leader of an anti-government coca growers union faction, Freddy Machicado, was arrested Wednesday for his role in protests that resulted in the burning of a "parallel" coca market in La Paz. He is being held at a police headquarters in El Alto, a La Paz suburb. For weeks, Machiado had led weekly protests against the market, which is operated by another faction of the Adepcoca union close to the government. Its leader, Arnold Alanes, who claims leadership of the union even though a majority of affiliates reject his leadership. There are only two officially sanctioned legal coca markets in the country, but Alanes' "parallel" market had operated unimpeded by the government. 

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