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.)

Canada's Trudeau Urged to Decriminalize Drugs, Spain's Socialists Reject Marijuana Legalization, More... (10/21/21)

Britain's Labor leader rejects drug decriminalization, Spain's ruling Socialists reject marijuana legalization, Peruvian coca growers protest, and more.

International

British Prime Minister Says He Will Examine Latest Advice on Legalization of Psilocybin. In response to a question in Parliament from Tory MP Crispin Blunt, who said the drug had "exciting potential" and urged him to review the law to allow more research into psilocybin's therapeutic qualities, Prime Minister Boris Johnson said Thursday he would: "I can say that we will consider the Advisory Council on the Misuse of Drugs recent advice on reducing barriers to research with controlled drugs such as the one he describes, and we will be getting back to him as soon as possible." Psilocybin is currently a Schedule I substance under the Misuse of Drugs Act, which means it requires a Home Office license to conduct research, and Blunt and other campaigners want it moved to Schedule 2 to make it easier to conduct research.

British Labor Party Leader Says He Would Not Decriminalize Drugs. Asked if a Labor government would either decriminalize drugs, Labor Party leader Sir Keir Starmer said it would not. The comment comes after Scotland's Lord Advocate called for diverting from prosecution people caught with small amounts of drugs. Starmer criticized the notion even as he accused the Scottish National Party of having an "appalling" drug overdose death. When asked about the Lord Advocate's advice made sense, Starmer said: "The Lord Advocate has set up principles and we have not seen the detail yet, which will come out shortly. I do not think what happens in Scotland should be a general application across the UK. One of the benefits of devolution is to allow each of the nations to look separately in context to the challenges they have. But if I was prime minister of the UK I would not be introducing that."

Canadian Prime Minister Urged to Decriminalize Drug Possession. Nearly 70 organizations across the country, including the HIV Legal Network, the British Columbia Civil Liberties Association, and the National Association of Women and the Law, have written a letter to Prime Minister Trudeau asking him he make drug policy reform a priority for his newly re-elected Liberal government. Even though  Trudeau's Liberal Party approved a decriminalization resolution in 2018, Trudeau has so far rejected the move, but pressure is rising along with the number of drug overdose deaths. The groups are calling for immediate drug decriminalization and a safe drug supply, saying that the overdose deaths are driven by "a contaminated drug supply and the stigma associated with drug use."

Costa Rica Congress Approves Medical Marijuana. The Congress on Tuesday approved the legalization of medical marijuana over opposition from President Carlos Alvarado. The law allows for the cultivation and processing of marijuana for medical use but does not allow for recreational use. Lawmakers are calling on Alvarado not to veto the bill. If he does, the bill would have to be passed again with a supermajority.

Peru Coca Farmers Protest Goverment Crop Eradication. Hundreds of coca leaf growers are in the fifth day of a highway blockade as they protest the destruction of their crops by the government. The protest began with the eradication of coca fields in Carabaya province, in the Puno region. Growing coca leaf is legal for farmers who are on a registered government list, but that list has not been updated since 1978. The demonstrators, who mainly voted for President Pedro Castillo, are calling on him to stop the eradication of unpermitted crops.

Spanish Socialist Party Votes Against Legalizing Marijuana. The ruling Socialist Party (PSOE) joined with rightist opposition groups in opposing a bill to legalize marijuana that was sponsored by its coalition partner Unidas Podemos. In opposing the measure, the Socialists aligned themselves with the conservative Popular Party and the extremist right Vox Party. That tactical alliance was able to defeat the bill 263-75. "This is not a question of the right or the left, it is a question of public health," said PSOE lawmaker Daniel Vicente in Congress, adding: "We are a government party."

Senate Democrats Move to Allow Legal DC Marijuana Sales, Ecuador State of Emergency for Drugs, More... (10/20/21)

US Secretary of State Anthony Blinken is confronting drug policy issues as he visits Latin America this week, New York tells employers it can't test workers for marijuana use, and more.

Colombian peasants don't wand to be sprayed with coca-killing herbicides. (DEA Museum)
Marijuana Policy

Senate Democrats Move to Let DC Legalize Marijuana Sales. In a package of spending bills unveiled Monday, Senate Democrats have removed a long-standing rider that has blocked the city of Washington, DC, from implemented legal marijuana sales for the past six years. The House took similar action earlier this summer, even though President Biden kept the rider in his budget proposal to Congress. It is not quite a done deal yet, though: Congress must still pass the budget, which is expected to happen in December. The move won plaudits from the marijuana advocacy group NORML, which said: "The omission of the D.C. rider acknowledges the local will of the residents of the District, who overwhelmingly favor retail marijuana sales. The only reason the District is unable to defy the federal government’s marijuana prohibition policies in the same way that other states have is that it lacks statehood and is under direct oversight from Congress."

New York Employers Cannot Test Workers for Marijuana, State Says. The state Labor Department issued new guidance for employers Tuesday that bans them from testing workers for marijuana—unless the employee appears visibly impaired on the job. "Observable signs of use that do not indicate impairment on their own cannot be cited as an articulable symptom of impairment," the guidance states. The new guidance does not apply to workers, such as commercial vehicle drivers, who are subject to drug testing under state or federal law.

Foreign Policy

Human Rights Watch Letter Urges State Department to Support Human Rights, Oppose Coca Spraying in Colombia. In a letter to Secretary of State Anthony Blinken ahead of his meeting Wednesday in Bogota with Colombian President Ivan Duque, Human Rights Watch called on the US government to support human rights, noting that "President Duque’s administration has pursued several misguided and dysfunctional polices, including on drug policy, and there has been an increase in abuses by armed groups." The group called for "a strong public and private response by the Biden administration" to curb violence by armed groups, police abuses against protestors, and oppose plans to reinstate the fumigation of coca crops with glyphosate. On coca eradication, Human Rights Watch called for the US to "unequivocally oppose plans to reinstate fumigation of coca crops with glyphosate," fully fund crop substitution programs and ensure protection for people involved in them, and "assess US drug and security policies in Colombia to ensure that they help address the root causes of violence by strengthening the presence of civilian state institutions."

International

Ecuador President Declares State of Emergency to Fight Drugs on Eve on US Secretary of State Visit. Ecuadorean President Guillermo Lasso on Monday declared a 60-day state of emergency to confront drug trafficking and a rising number of killings. Under the emergency decree, the military will join drug and arms confiscation operations in nine of the country's 24 provinces, including Guayas, the home of Guayaquil, the country's primary port and largest city. The crackdown will also see increased police patrols and is "oriented towards and focused on guaranteeing citizens... protection from crime and violence." At a Tuesday press conference, visiting US Secretary of State Anthony Blinken said he understood that countries must sometimes take such measures but added that democratic norms must be upheld.

Philippines Says It Will Review Thousands of Drug War Killing. Faced with a looming formal investigation into drug war crimes by the International Criminal Court (ICC), Philippines Justice Minister Menardo Guevarra said his Justice Department will enlarge its review of more than 6,000 drug killings for which Philippines police have taken responsibility (Human rights groups put the actual number of killings at more than 30,000, many of them conducted by shadowy death squads.) "Time and resources permitting, the DOJ will review these thousands of other cases, too," Guevarra said in an apparent shift from the Duterte government's unyielding defense of its policies but also in an apparent effort to blunt the ICC's investigation. The Duterte government argues that it does not need to cooperate with the ICC because its own justice system is capable of dealing with police huma rights abuses. Guevarra's remarks came as the Justice Department released details of 52 drug war killings.

Baltimore No Drug Possession Arrest Policy is Working; Naloxone Shortages, Price Hikes Amid Overdose Surge, More... (10/19/21)

The South Dakota legislature continues to tangle with marijuana policy, Pennsylvania's Republican-led legislature is dithering on making fentanyl test strips legal, and more.

A manufacturing issue at Pfizer is contributing to naloxone shortages and price hikes. (pa.gov)
Marijuana Policy

Oregon County Asks for National Guard Help to Fight Illegal Marijuana Grows. With unlicensed marijuana grows and marijuana grows disguised as hemp operations running rampant in southern Oregon, commissioners in Jackson County have asked Gov. Kate Brown (D) to send in the National Guard "to assist, as able, in the enforcement of laws related to the production of cannabis." The move came last week, the same day police near Medford raided a site that had 17,500 pot plants and two tons of processed marijuana. That was only the latest massive bust in Jackson and neighboring Josephine counties this year, which act as a northern extension of California's Emerald Triangle of Humboldt, Mendocino, and Trinity counties. In both southern Oregon and northern California, marijuana cultivation has been entrenched for half a century. Gov. Brown has rejected the request for National Guard troops but could reconsider next year, her office said.

South Dakota Lawmakers Ponder Bill to Scrap Medical Marijuana Law but Legalize Adult Use. The legislature's Adult-Use Marijuana Committee on Tuesday is considering a bill that would undo the state's voter-approved medical marijuana law but would instead legalize the use and possession of marijuana by people 21 and over. The bill was drafted by committee chair Rep. Hugh Bartels (R), who characterized it as a compromise between factions that oppose and support legalization. Voters also approved legalization last year but allied of Gov. Kristi Noem (R) filed suit to block it. That case remains before the state Supreme Court. In the meantime, local activists have begun a signature-gathering drive to put a new legalization initiative on the ballot next year. Under the Bartels bill, people 21 and over could possess up to an ounce of weed and up to 22 grams of waxes, oils, and edibles, but home cultivation would not be allowed. Bartels said the medical marijuana law would not be needed if his bill passed, but the Health Department would issue medical marijuana cards for patients under 21.

Harm Reduction

Naloxone Price Soars, Shortages Occur Amid Overdose Surge. As the nation confronts all-time high overdose deaths, the opioid overdose reversal medication naloxone is increasingly scarce and increasingly expensive. Harm reduction and other community groups are now paying as much as 30 times more for the life-saving medication—when they can obtain it at all. "Not having this life-saving medication to reduce overdose deaths, during a time when we’re seeing the greatest increase we’ve ever seen, is a public health crisis," said Amanda Latimore, director of the Center for Addiction Research and Effective Solutions. "There hasn’t been a more important time than right now to have an overdose reversal drug available. And now that we’re seeing this shortage, we can expect even more fatal overdoses," she said. The shortages are a result of manufacturing problems at Pfizer, which has been providing the drug at low cost to harm reduction groups, and are expected to be resolved by year's end. But in the meantime, other pharmaceutical manufacturers could have ramped up production, but have not done so, no have they cut prices. The reason? "Profit. There’s no other way to put it," said Nabarun Dasgupta, an epidemiologist at the University of North Carolina at Chapel Hill.

Pennsylvania's Republican-Dominated Legislature Stalls on Allowing Fentanyl Test Strips. Under current state law, fentanyl test strips are considered drug paraphernalia and are illegal, but even as the state and the nation face unprecedented numbers of opioid overdose deaths, the Republican-dominated state legislature is sitting on bills that would amend the law to allow people to use the test strips. House Bill 1393 and its companion measure, Senate Bill 845, are both languishing in committee. While the legislature dithers, the state attorney general, the Philadelphia DA, and the Philadelphia mayor have announced a commitment to not prosecute people for possessing fentanyl test strips.

Law Enforcement

Baltimore’s No-Prosecution Policy for Low-Level Drug Possession and Prostitution Finds Almost No Rearrests for Serious Offenses. A new report from researchers at Johns Hopkins Bloomberg School of Public Health found that Baltimore’s no-prosecution policy for minor drug possession and prostitution, enacted at the start of the COVID-19 pandemic, led to fewer new low-level drug and prostitution arrests, almost no rearrests for serious crimes for those who had charges dropped, and fewer 911 calls. The findings suggest the new policies did not result in increased public complaints about drug use or sex work, and that those who had charges dropped did not go on to commit serious crimes. Baltimore State’s Attorney Marilyn Mosby announced that Baltimore would stop prosecuting low-level drug and drug paraphernalia possession and prostitution in March 2020, chiefly as an infection-reduction measure at the start of the COVID-19 pandemic. A year later she announced that the policy would remain in place—even after the pandemic winds down—as a way of reducing the burdens on city police and on the poorer, predominantly Black city residents who are traditionally arrested for such crimes. The report’s key findings, covering the 14 months following the policy change (April 2020 to May 2021), include:

  • An estimated 443 new drug/paraphernalia-possession and prostitution arrests were averted as a result of the new no-prosecution policy, 78 percent of which were averted in the Black community. This analysis was based on Baltimore Police Department arrest data.
  • Of the 741 people whose drug and prostitution charges were dropped, six—less than 1 percent—had new arrests for serious crimes during the study period. This analysis was based on Maryland Courts Judicial Information System data.
  • Calls to 911 about drug/paraphernalia and prostitution declined significantly in the post-policy change period.

CDC Reports Record Drug Overdose Toll, UN Report on Arbitrary Detention in War on Drugs, More... (10/15/21)

Baltimore drug arrests are down dramatically thanks to a policy shift by the local prosecutor, Virginia has sealed the records of more than 64,000 small-time pot-dealing charges, and more.

More than 90,000 Americans died of drug overdoses in the period ending in March 2021. (Creative Commons)
Marijuana Policy

Virginia Seals 64,000 Marijuana Distribution Charges. The state has sealed records of more than 64,000 misdemeanor marijuana distribution charges, the legislature's Cannabis Oversight Commission heard Thursday. They have been scrubbed from the state's criminal records database, which is used by employers to screen job applicants. Another 333,000 simple possession convictions have also been sealed. The state was ordered to expunge the records as part of the marijuana legalization bill passed earlier this year.

Drug Policy

CDC Reports Record Drug Overdose Toll. Drug overdose deaths, primarily but not exclusively around opioid use, hit an all-time high in the year ending in March 2021, with 96,779 overdose deaths reported. That's an increase of nearly 30 percent over the previous 12-month period, but the number could go even higher because the numbers are only provisional, and the CDC has estimated predicted overdose deaths during this period would total more than 99,000. The big jump in fatal drug overdoses came as the country was in the depths of the coronavirus pandemic and as fentanyl pervades ever more illicit drug markets—including being used as a cut in non-opioids, such as meth and cocaine—but also reflects a two-decade old trend of rising overdose deaths.

Baltimore Drug Possession Arrests Are Just About Extinct. Baltimore Police on Thursday released data showing that both felony and misdemeanor drug arrests are down, with the latter down dramatically. So far this year, police have arrested 796 people on drug felonies, down 19 percent from the 978 arrests during the same period last year. But when it comes to drug misdemeanors, police have arrested only 38 people so far this year, down a whopping 91 percent from the 445 during the same period last year. The declines are a direct result of a policy decision made last year by Baltimore State's Attorney Marilyn Mosby to stop prosecuting certain drug offenses, including drug possession. Conservative local media is criticizing the policy, saying that it has allowed open-air drug dealing to flourish, but the police, the mayor's office, and Mosby's office all say open-air drug markets remain a priority.  

Recent UN Report on Arbitrary Detention and Drug Policies Underscores Urgent Need for Reform, Includes Call for Drug Decriminalization. A recent United Nations human rights report details the widespread use of arbitrary detention in the drug war in countries around the world. The report from the UN Working Group on Arbitrary Detention (WGAD) finds that arbitrary detention in drug cases is swelling jail and prison populations precisely as the ongoing coronavirus pandemic highlights the need to reduce prison overcrowding. Arbitrary detention can include people arrested without a proper warrant or detained in ways that do not respect procedural rights. The report notes that states are required to uphold human rights obligations under international law, but that relying on harsh drug war policies creates sustained violations of those policies. "People who use drugs are particularly at risk of arbitrary detention," the report said, pointing to countries such as Bolivia, Brazil, Ecuador, Honduras, Mexico, and Peru, where people arrested on drug charges are automatically jailed pending trial, but also cited the use of torture, particularly in Mexico. The report ends with 17 recommendations, starting with a call to UN members to "decriminalize the use, possession, acquisition or cultivation of drugs for personal use, including the possession of associated paraphernalia." Other recommendations include calling for an end to drug courts, ending the participation of the military in drug enforcement operations, and protecting the rights of indigenous peoples to cultivate and use plants traditionally grown for spiritual, medicinal, and cultural purposes.

Booker & Warren Call on DOJ to Deschedule Marijuana; US & Mexico Meet to Forge New Relations on Crime & Drugs, More... (10/12/21)

California's governor vetoes a "contingency management" drug treatment bill, a pair of progressive senators call on the Justice Department to deschedule marijuana, and more.

Sens. Cory Booker (D-NJ) and Elizabeth Warren (D-MA) send letter to DOJ seeking marijuana descheduling. (Creative Commons)
Marijuana Policy

Booker, Warren Call on DOJ to Decriminalize Cannabis. Senators Cory Booker (D-NJ) and Elizabeth Warren (D-MA) sent a letter last Wednesday to Attorney General Merrick Garland urging the Department of Justice (DOJ) to decriminalize cannabis by removing the drug from the Federal controlled substances list. Under the Controlled Substances Act of 1970 (CSA), the Attorney General can remove a substance from the CSA's list, in consultation with the Secretary of Health and Human Services (HHS), based on the finding that it does not have the potential for abuse. Decriminalizing cannabis at the federal level via this descheduling process would allow states to regulate cannabis as they see fit, begin to remedy the harm caused by decades of racial disparities in enforcement of cannabis laws, and facilitate valuable medical research.

"While Congress works to pass comprehensive cannabis reform, you can act now to decriminalize cannabis," wrote Booker and Warren. "We urge the DOJ to initiate the process to decriminalize cannabis. Doing so would be an important first step in the broader tasks of remedying the harmful racial impact of our nation's enforcement of cannabis laws and ensuring that states can effectively regulate the growing cannabis industry, including by assisting small business owners and those most harmed by our historical enforcement of cannabis laws."

Drug Treatment

California Governor Vetoes Bill That Would Have Paid People to Stay Off Drugs. Governor Gavin Newsom (D) has vetoed a bill that would have made California the first state to embrace "contingency management," the drug treatment program in which users are paid money to stay sober, receiving increasing payments for each drug test passed. Such a program has been underway with military veterans for years, with research showing it is an effective way to get people off stimulants such as cocaine and methamphetamine, for which there are no pharmaceutical treatments available. Newsom had asked the federal government to allow the state to use federal tax dollars to pay for it through Medicaid, but still rejected Senate Bill 110 without explanation.

Foreign Policy

US, Mexico Meet to Restore Cross-Border Cooperation on Drugs, Crime. Leading Biden administration officials including Secretary of State Anthony Blinken, Homeland Security Secretary Alejandro Mayorkas, and Attorney General Merrick Garland met with their Mexican counterparts in Mexico City Saturday to try to create a new framework for cooperation on drugs, crime, and border issues. The high-profile meeting comes after months of quiet talks to rebuild relations that grew especially fraught after DEA agents arrested a retired former senior Mexican military officer for alleged links to drug traffickers. That prompted the Mexicans to demand -- and obtain -- his release and to pass a law limiting the involvement of the DEA inside Mexico. The new framework appears to signal a break with Plan Merida, the more than decade-old security agreement under which billions of dollars in US security assistance went to help Mexico fight drug traffickers, but which also saw drug-related killings rise to record levels.

NY Governor Signs Package of Bills Aimed at Curbing OD Crisis, CA Governor Signs Hemp Regulation Bill, More... (10/8/21)

Another poll has two-thirds support for freeing the weed, Oklahoma activists file initative petitions to legalize marijuana, and more.

Hemp products like these will be regulated under a new California law just signed by Gov.Gavin Newsom (D). (Creative Commons)
Marijuana Policy

Yet Another Poll Finds Supermajority Support for Marijuana Legalization. A new Harris Research poll has 66 percent of respondents supporting marijuana legalization, with millennials (79 percent) and Generation X (76 percent) being the most supportive. For Baby Boomers, slightly less than half supported legalization. The findings are in line with other recent polls showing a supermajority for legalization.

Oklahoma Activists File Marijuana Legalization, Medical Marijuana Regulation Initiative Petitions. Activists organized as Oklahomans for Responsible Cannabis Action have filed a pair of petitions related to marijuana policy. Question 817 would legalize marijuana for people 21 and over, while Question 818 would replace the Oklahoma Medical Marijuana Authority with a stand-alone agency. The group now has 90 days to come up with 178,000 valid voter signatures in order to qualify for the November 2022 ballot.

Hemp

California Governor Signs Hemp Regulatory Bill. Governor Gavin Newsom (D) on Thursday signed into law Assembly Bill 45, which creates a comprehensive regulatory framework for the manufacture and distribution of hemp-derived products in the nation's most populous state. The bill allows for the sale of smokeable hemp products, as well as hemp-infused foods and drinks. The bill should also provide clarity to consumers, reassuring them that products are independently tested and properly labeled. Because the law was passed as an emergency measure, it goes into effect immediately.

Opioids

New York Governor Signs Package of Bills Aimed at Blunting Overdose Crisis. Governor Kathy Hochul (D) on Thursday signed into law a package of bills designed to ease the overdose epidemic in the state. One bill eases access to the opioid overdose drug naloxone, another allows for the use of medication-assisted treatment in state prisons, a third decriminalizes the sale and possession of needles and syringes, a fourth creates an online directory of naloxone distributors, and the fifth creates a judicial diversion program for some felony offenders. "Addiction can impact any family, suddenly and harshly - those who find themselves trapped in a vicious cycle are there through no fault of their own," Governor Hochul said. "This is a personal battle for me and I am proud to be able to combat the opioid crisis by signing these bills into law. There is no shame in seeking help for substance use and I want to let all New Yorkers know that we are here for you. Treatment should always be accessible for those who need it."

Medical Marijuana Update

Mississippians are still waiting on that legislative special session to get medical marijuana approved, Nebraska activists have begun signature gathering for a linked pair of medical marijuana initiatives, and more.

Mississippi

Mississippi Governor Says Medical Marijuana Bill Needs Changes Before He Will Call a Special Session. Gov. Tate Reeves (R) said last Wednesday he will call a special session to get a medical marijuana bill passed "sooner rather than later," but said there are still details to be worked out and that a special session was likely weeks away, instead of this week as lawmakers had requested. "There is no update on exactly when, but I do anticipate we are going to have one sooner rather than later," Reeves said. "We are a long way towards getting a final agreement, but not all the way there yet," Reeves said. "At this point it's just a matter of working out the final details... things such as funding, an appropriation bill, what that would look like." The legislature is moving to implement the will of state voters as expressed in the 2020 elections, where a medical marijuana initiative was approved only to be overturned by the state Supreme Court on technical grounds.

Nebraska

Nebraska Advocates Launch Signature Drive for Medical Marijuana Ballot Measures. Activists organized as Nebraska Medical Marijuana on Friday rolled out a pair of medical marijuana initiatives, with signature gathering set to begin Saturday. Supporters will have until next July to gather the requisite number of signatures to qualify for the 2022 ballot. The effort comes after the Republican-led legislature has repeatedly blocked medical marijuana, and after the state Supreme Court blocked a medical marijuana initiative from the 2020 ballot even though it had met signature requirements. The court held that initiative violated the state's one-topic rule for initiatives. This time, activists have split the proposal into two initiatives -- the Medical Cannabis Patient Protection Act, which would protect patients and caregivers from prosecution, and the Medical Cannabis Regulation Act, which would set up a state regulatory system.

South Dakota

South Dakota Legislative Medical Marijuana Subcommittee Votes to Deny Will of Voters, Ban Patient Home Grows. The legislature's medical marijuana subcommittee voted 6-4 last Wednesday to make home marijuana cultivation by patients illegal. The voter approved medical marijuana initiative passed last November explicitly allowed for patient home cultivation, but lawmakers on the panel voted to overturn that part of the initiative in an effort initiated by state Rep. Fred Deutsch (R-Brookings). The subcommittee's vote is not final; its recommendations will now be taken up by the legislature's marijuana study committee.

Pennsylvania Marijuana Legalization Bill, MI Opioid Treatment Bills, More... (10/6/21)

A crack appears in Pennsylvania Republicans' opposition to legalizing marijuana, that DEA agent killed in Tucson on Monday died enforcing marijuana prohibition, and more.

A proposed Michigan bill would let community-based organization dispense the opioid overdose reversal drug naloxone. (CC)
Marijuana Policy

Pennsylvania Sees Bipartisan Effort to Legalize Marijuana. A Republican state senator has joined forces with a Democrat in a bid to garner bipartisan support for marijuana legalization. Senator Mike Regan (R) and Rep. Amen Brown (D) are teaming up on Regan's proposed bill, which would legalize marijuana, includes social equity provisions, and seeks to create a tax and regulatory structure for legal weed. Democratic politicians in the state, including Gov. Tom Wolf, have been calling for legalization, but the Republican-controlled legislature has so far resisted such entreaties. It's time for us to move forward in Pennsylvania," said Regan, a former US marshal who played a role in crafting the state's medical marijuana program. "If we can take the violence out of it and we can regulate it and tax it and let police focus on the really serious crimes, I think it's a huge step forward."

Opioids

Michigan House Committee Takes Up Opioid Treatment Expansion. The House Health Policy Committee has met to discuss several pieces of health-related legislation, including a pair of bills that would expand access to treatment for opioid use disorder, HB 5163 and HB 5166. "HB 5163 will expand capacity to treat opioid overdoses in emergency departments, a key interception point for people who use drugs where we see a high risk of overdose upon discharge," said bill sponsor Rep. Angela Witwer. The bill would allow emergency departments to provide medication-assisted treatment, create specific hospital overdose care protocols, and provide referrals to community-based care organizations. HB 5166 would increase access to the opioid overdose reversal drug naloxone by allowing community-based organizations to distribute the drug. Currently, under a 2016 standing order law, pharmacists can give the drug without a prescription, similar to an over-the-counter drug. No votes were taken on the bills.

Law Enforcement

DEA Agent Killed in Tucson Was Enforcing Marijuana Prohibition. DEA Agent Michael Garbo, who was killed Monday in a shootout on an Amtrak passenger train in Tucson, died attempting to enforce federal laws against marijuana. The accused shooter, known only as D.T., opened fire on drug task force agents after they found 2.4 kilograms of marijuana, 50 packages of edibles, and "other marijuana and cannabis products," according to the court documents. D.T. and his partner, Devonte Okeith Mathis, were targeted by the DEA, whose agents were given a list "that contained names of several individuals on an Amtrak train that was arriving in Tucson" as part of their routine investigative activities. Task force officers saw Mathis move several bags a few rows away from where he and his partner were sitting, then took the bags off the train to inspect them and found marijuana. When agents then attempted to approach D.T., he opened fire, killing Garbo and wounding another DEA agent and a Tucson police officer. D.T. was then fatally shot.

Senators File Bill to Undo Supreme Court Decision on Crack Sentencing, CO Pot Tax Initiative, More... (10/4/21)

A bipartisan group of leading senators files a bill to ensure that low-level federal crack prisoners get the same shot at retroactive sentence reductions as other crack offenders, a Colorado initiative would increase pot taxes to fund educational programs for low-income kids, and more.

Denver. As legal marijuana production hits a record, an initiative would increase taxes to help educate kids. (Creative Commons)
Marijuana Policy

Colorado Produced Almost Two Million Pounds of Legal Marijuana Last Year. According to a report just released by the state's Marijuana Enforcement Division, state-legal marijuana growers produced nearly two million pounds of weed last year. That was 25 percent higher than the 2019 figure. Recreational marijuana accounted for the bulk of weed produced, with 1.38 million pounds, while medical marijuana producers added and 449,000 pounds. Not surprisingly, 2020 also saw the highest marijuana sales since legalization, with nearly $2.2 billion worth of marijuana products sold.

Colorado Initiative Would Increase Marijuana Taxes to Pay for Educational Programs for Kids. When state voters go to the polls in November, they will have an opportunity to vote on whether to raise the state's recreational marijuana sales tax to pay for out-of-school educational programs for children between five and 17, with low-income kids being prioritized. Proposition 119 has already qualified for the ballot. It would increase the sales tax from 15 percent to 20 percent over a five-year period, starting with a three percent increased in 2022 and four percent in 2023. The goal is to raise $137 million a year for the programs.

Sentencing Policy

Senators Introduce Bill to Correct Supreme Court Ruling on Retroactivity of Crack Cocaine Sentencing Reform. A bipartisan group of senators including Dick Durbin (D-IL), Chuck Grassley (R-IA), Cory Booker (D-NJ) and Mike Lee (R-UT), have introduced the Terry Technical Correction Act, which clarifies that all offenders who were sentenced for a crack cocaine offense before the Fair Sentencing Act of 2010 can apply for its retroactive application under Section 404 of the First Step Act, including individuals convicted of the lowest level crack offenses.

Section 404 of the First Step Act allows crack cocaine offenders to request a sentence reduction pursuant to the Fair Sentencing Act. The Fair Sentencing Act, authored by Durbin, reduced the federal sentencing disparity between crack and powder cocaine from 100:1 to 18:1. In 2018, the four were the lead sponsors of the First Step Act, which made the Fair Sentencing Act retroactive. Earlier this year in Terry v. United States, the Supreme Court held that low-level crack offenders, whose conduct did not trigger a mandatory minimum penalty, do not qualify for resentencing under Section 404 of the First Step Act. The effect of this holding is that individuals convicted of the offenses with the lowest levels of crack cocaine are not eligible for retroactive relief, whereas others are.

Drug War Issues

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