Marijuana Policy

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HUD to Continue Evicting Residents for Marijuana Use, Singapore Drug Execution Delayed, More... (11/9/21)

Another poll has a solid national majority for marijuana legalization, an Ohio judge gets punished for jailing a court spectator for refusing a drug test, and more.

You still can't do this in public housing--even in states where marijuana is legal. (Creative Commons)
Marijuana Policy

Rasmussen Poll Has Solid Majority Support for Marijuana Legalization. A new Rasmussen poll has support for marijuana legalization at 62 percent, with only 23 percent opposed. The poll comes just days after a Gallup poll reported support for marijuana legalization holding steady at 68 percent. Even 54 percent of Republicans support legalization, along with 68 percent of Democrats and 62 percent among independents. When respondents were asked if legalization should be done at the local, state, or federal level, 47 percent said the federal government should be in charge, 32 favored the states, and 11 percent wanted local action.

Infrastructure Bill Includes Provision Allowing Research with Marijuana from Pot Shops. The massive infrastructure spending bill approved by the House last Friday includes a provision that will eventually allow researchers access to the marijuana actually being consumed by users instead of relying only on government-grown marijuana from its farm in Mississippi. That provision will require the transportation secretary to work with the attorney general and the secretary of Health and Human Services to create a report within two years with recommendations on allowing scientists access to storefront marijuana to study impaired driving.

Federal Housing Authority to Continue Taking Punitive Actions Against Marijuana Consumers. In response to a request for clarification from to Rep. Elizabeth Holmes-Norton (D-DC), the Department of Housing and Urban Development (HUD) has reaffirmed its longstanding policy of banning marijuana users from federally-subsidized housing, even in states where it is legal. In a letter to Holmes-Norton, the agency says that it will continue to enforce policies that involve the "termination of the tenancy of any household" in instances where a tenant is found to have engaged in the use of a controlled substance while on the premises — "including [the use of] state legalized medical marijuana." Because marijuana remains classified under federal law as a Schedule I controlled substance, "HUD prohibits the admission of users of marijuana to HUD assisted housing, including those who use medical marijuana," the letter reads.

South Dakota Activists Miss Initiative Signature Deadline but Look to Federal Court Decision for More Time. South Dakotans for Better Marijuana Laws announced Sunday that they would not turn in signatures for a marijuana legalization initiative by a Monday deadline, but are hoping that a federal court ruling will give them until next May to qualify for the November 2022 ballot. In August, the federal district court in the state ruled that the state's election law requiring signatures be handed in a year before the election was unconstitutional, pushing the deadline to the May before the election and enjoined officials from enforcing that provision. The administration of Gov. Kristi Noem (R) is appealing the decision, but the activists argue that "the May 3 deadline is the law in South Dakota and we feel confident that we can rely on that extension." Voters in the state approved a marijuana legalization initiative in 2020, but it has been blocked by lower courts and a final decision is still pending at the state Supreme Court.

Drug Testing

Ohio Judge Suspended for Jailing Spectator over Drug Test Refusal. The state Supreme Court has suspended a Seneca County judge for a year without pay for ordering a courtroom spectator to undergo a drug test and then holding that person in contempt and jailing her for refusing to do so. In the unanimous opinion, the court held that Judge Mark Repp violated rules of professional conduct for judges in the state, including a failure to perform all his judicial duties fairly and impartially. The woman, who was the girlfriend of the defendant before the court "suffered great personal indignities and emotional distress as the result of the security and medical screenings she had to endure during her incarceration, on top of the anxiety regarding the care and well-being of her two young children." The boyfriend was a drug court participant, and the Supreme Court held tat Repp's behavior toward him and his girlfriend was "undignified, improper, and discourteous."

International

Malaysia Okays Use of Medical Marijuana. Heath Minister Khairy Jamaluddin has formally acknowledged that marijuana can be used for medicinal purposes. The acknowledgement came in response to a question from parliament. Jamaluddin said the medicinal use of marijuana complies with Malaysian drug laws, but that imports and the wholesale trade must be licensed. Medical marijuana should be sold by a registered medical practitioner or pharmacist. "Therefore, if there are parties who have sufficient scientific evidence to use cannabis (hemp) for any medicinal purpose by taking into account the aspects of quality, safety and effectiveness, then the application to register cannabis products for medicinal purposes can be submitted to DCA [Drug Control Authority]] to be evaluated and registered under the Control of Drugs and Cosmetics Regulation 1984 in order to be marketed in Malaysia," Khairy said in a written reply to the enquiry.

Singapore Delays Appeal Hearing on Man Set to Be Executed for 1.5 Ounces of Heroin. The nation's top court has postponed an appeal hearing for Malaysian national Nagenthran K. Dharmalingam, who was sentenced to death for trying to smuggle 1.5 grams of heroin into the country. Dharmalingam, who his attorneys say is intellectually disabled, was set to be executed Monday, but was delayed amidst an international campaign by human rights groups when the high court accepted an appeal. The hearing was originally set for Tuesday, with Dharmalingam set to be executed Wednesday if he lost on appeal. The appeals court noted that Dharmalingam had tested positive for COVID-19 and sent him away from the courtroom Tuesday, saying, "We have to issue a stay of the execution until all proceedings are concluded. That is the proper order of things."

GOP Federal Marijuana Legalization Bill Coming, Mexico Blames US Guns for Bolstering Cartels, More... (11/8/21)

A Malaysian man set to be hanged in Singapore over 43 grams of heroin has won a temporary reprieve, our supply chain woes include 72,000 truckers felled by drug testing, and more.

Drug testing---especially for marijuana--is costing the economy tens of thousands fo truck drivers. (Creative Commons)
Marijuana Policy

Republican Federal Marijuana Legalization Bill Coming. US Rep. Nancy Mace (R-NC) has drafted a "compromise" marijuana legalization bill that aims for a happy middle between merely rescheduling marijuana, as proposed by some other Republican lawmakers, and the comprehensive bill that Democrats are championing. The proposed bill, known as the States Reform Act, now in preliminary draft form, would deschedule marijuana, impose a 3.75 percent excise tax on weed sales, limit the FDAs regulatory authority to medical marijuana, make the Treasury Department's Alcohol and Tobacco Tax and Trade Bureau the lead regulatory agency, and make certain marijuana convictions expungable. The bill has dim prospects in the current Democratically-controlled Congress, but could open the way for similar legislation if Republicans take control after next year's elections.

Drug Testing

Supply Chain Woes Include 72,000 Truckers Taken Off the Road by Failed Drug Tests, Mostly for Marijuana. The American Trucking Association says the industry has a driver shortfall of 80,000, which is contributing to the economy's supply chain woes, but at the same time, some 72,000 truckers have been forced off the roads in the past two years by tough federal drug testing restrictions. The Drug & Alcohol Clearinghouse, a registry designed to increase safety on the highways, went into effect in January 2020. "It’s a staggering number of drivers we have lost" because of the new drug-testing rules, said Jeremy Reymer, chief executive of industry recruiter DriverReach. The majority (56 percent were sidelined because of testing positive for marijuana. "There needs to be the ability to test for real-time impairment and not just recent or long-term past use of marijuana," said Scott Duvall, director of safety and compliance for TransForce Group, which runs truck driving schools and rents out drivers.

Foreign Policy

Mexico Calls on US Government, Courts for Help Stemming Flow of American Guns to Drug Cartels. Mexican officials say illegal guns are flowing into the country from the US and are contributing to rising homicide rates and empowering the drug cartels responsible for most of the killings. "We estimate that half a million weapons are trafficked from the U.S. to Mexico every year. The problem is that all this weaponry is getting to the criminal organizations, giving them very strong firepower to commit all kinds of crimes," said Mauricio Ibarra Ponce de Leon, Mexico’s consul general in El Paso. The Mexican government has now filed a lawsuit to try to block the flow. We have never meddled with the Second Amendment. This is not against the rights of the people of the United States to buy and own a gun," Ibarra said. "We (sued) gun manufacturers and distributors we believe are engaging in negligent commercial practices because they know the weaponry they produce is being trafficked to Mexico and is being used in criminal activity."

International

Singapore Temporarily Halts Execution of Malaysian Man Over 1 ½ Ounces of Heroin. Malaysian citizen Nagaenthran K.Dharmalingam, sentenced to death for smuggling 43 grams of heroin into the country, has won at least a temporary reprieve an international human rights campaign to spare the man, who supporters say is intellectually disabled. The execution is now halted until the constitutional appeal is heard on Tuesday, alongside a separate appeal for psychiatrists to assess Dharmalingam. If both appeals are unsuccessful, he will be hanged as scheduled on Wednesday.

Another AR Marijuana Legalization Initiative Filed, Furor Over Looming Singapore Drug Execution, More... (11/5/21)

Critics chide the new drug czar over his perfomance in West Virginia, a third marijuana legalization initiative has been filed in Arkansas, and more. 

Peru's coca crop is increasing, and much of it has to do with the pandemic. (Pixabay)
Marijuana Policy

Arkansas Sees Third Marijuana Legalization Initiative Filed. And then there were three. Veteran activist Melissa Fults on Friday filed the Arkansas Adult Use and Expungement Marijuana Amendment, the third marijuana legalization initiative filed in the state so far this year. The initiative takes the form of a constitutional amendment, which means it faces higher signature-gathering requirements than the other two initiatives, which are statutory initiatives. Constitutional amendments require 89,151 valid voter signatures to qualify for the ballot, but statutory initiatives require only 71,321. In either case, signatures must be handed in by early July 2022. The Fults initiative would increase the number of dispensaries to one for every 15,000 residents up to a maximum of 200 and would also allow the home cultivation of up to six plants. The amendment also envisions a tax on recreational marijuana sales, with proceeds going to support education and the state's general fund. Other initiatives already filed are the Arkansas Cannabis Industry Amendment and an initiative sponsored by Arkansas True Grass.

Drug Policy

Critics Question New Drug Czar's Commitment to Harm Reduction. The Biden administration is now on record as supporting harm reduction policies, but some critics of his pick to head the Office of National Drug Control Policy (ONDCP—the drug czar's office), Dr. Rahul Gupta, are expressing concern over his commitment to harm reduction, especially around his role in shutting down West Virginia's largest needle exchange program. As then-director of the state's Bureau of Public Health and faced with harsh local political opposition to needle exchanges, Gupta ordered an audit of the Charleston needle exchange program and called for it to be suspended because it didn’t require participants to first seek treatment for drug use before accessing clean syringes. That stance flouted Center for Disease Control and Prevention (CDC) recommendations that support lowering barriers to access and guidelines set up by his own office. Since then, the state has moved toward eliminating all harm reduction services. Dr Robin Pollini, an epidemiologist at West Virginia University, and six other harm reduction experts nationwide wrote letters speaking out against Gupta’s findings saying his central criticism – that treatment options weren’t being prioritized above syringe access – showed he missed the point of harm reduction entirely. "The report was arbitrary in faulting the program for not adhering to practices that were not even required by the state certification guidelines” – guidelines written by Gupta’s own office." Pollini said in a recent interview. Gupta's audit legacy includes a new state law that makes it illegal for harm reduction programs in the state to follow CDC guidelines. Since that law passed, three more counties have shut down their needle exchange programs.

International

Peru Coca Cultivation is Rising; Three Reasons Why. While the White House and Peruvian authorities disagree over how much coca is being produced in the country, there is little disagreement that coca cultivation is increasing and Insight Crime has produced an analysis citing three reasons why: The coronavirus pandemic and associated lockdowns led the government to suspend eradication efforts and reduced the ability of the National Police to enforce coca cultivation laws, the balloon effect (when crops are suppressed in one area, they pop up in another), and people who lost jobs because of the pandemic headed back to the countryside, where sowing coca or working as laborers on coca farms are some of the only economically viable activities.

Singapore Set to Execute Malaysian Man Over 1 ½ Ounces of Heroin. Singapore is set to hang Malaysian citizen Nagaenthran K.Dharmalingam for smuggling 43 grams of heroin into the country, but human rights and legal groups are calling for the execution to be halted because the man has an IQ of only 69, indicating severe disability. A hearing is set for Monday where supporters will argue that executing a mentally disabled person violated the country's constitution. Nagaenthran's lawyer aid he "could possibly have a mental age below 18," and that that disability doesn't allow him to understand deterrence. "Therefore, we contend that the execution is irrational and a capricious act of the state." The Malaysian Bar and other legal groups submitted appeals to commute his sentence this week, and demonstrations have broken out in front of the Malaysian Parliament demanding the government intervene. The Anti-Death Penalty Asia Network, Amnesty International and Human Rights Watch echoed calls to save Nagaenthran, saying the execution of a disabled person violates international laws and won’t deter crime. "Singapore should commute Nagaenthran Dharmalingam’s sentence and amend its laws to ensure that no one is subjected to the death penalty, certainly not people with intellectual or psychosocial disabilities,” Human Rights Watch said.

New Gallup Poll Shows Continuing Strong Support for Pot Legalization, Mexico Michoacan Massacre, More... (11/4/21)

A Congressional Research Service report shows easy off-ramp for federal pot prohibition, a new Gallup poll shows marijuana legalization retains strong majority support, and more.

Marijuana Policy

Gallup Poll Sees Continuing Strong Majority Support for Marijuana Legalization. A new Gallup poll released Thursday has marijuana legalization maintaining record-high levels of support with 68 percent of respondents in favor—the same percentage as when Gallup last polled in November 2020. Only 32 percent favored continuing marijuana prohibition, giving legalization two-to-one support. "As was the case in 2020, solid majorities of U.S. adults in all major subgroups by gender, age, income and education support legalizing marijuana," Gallup said. "Substantive differences are seen, however, by political party and religion." Support for legalization was highest among Democrats (83 percent), followed by independents (71 percent) and Republicans (50 percent).

Congressional Research Service Report Provides Pathway for Presidential Administration to Deschedule Marijuana. A new report from the nonpartisan Congressional Research Service (CRS) outlines pathways for the Biden (or any other) administration to unilaterally end marijuana prohibition and issue a general amnesty for federal marijuana crimes by acting administratively to remove marijuana from the Controlled Substances Act (CSA). "The President could pursue the appointment of agency officials who favor descheduling, or use executive orders to direct DEA, HHS, and FDA toconsider administrative descheduling of marijuana," the CRS report advised. "The notice-and-comment rulemaking process would take time, and would be subject to judicial review if challenged, but could be done consistently with the CSA’s procedural requirements.The Biden administration has officials in place who are sympathetic to legalization, but the president himself has no sign of going further than decriminalization, not legalization.

Ohio Towns Split on Marijuana Reform Ballot Measures. More than a dozen Ohio cities had marijuana reform measures on the ballot Tuesday and seven of them voted to approve local measures to decriminalize marijuana. Before Tuesday, 22 cities and counties across the state had adopted similar marijuana reform measures. The most common initiative language was "shall [jurisdiction] adopt the Sensible Marihuana Ordinance, which lowers the penalty for misdemeanor marijuana offenses to the lowest penalty allowed by State Law?" Voters in Martins FerryMurray CityNew LexingtonNewStraitsville, RaylandTiltonsville and Yorkville approved the decriminalization proposals, while voters in BrooksideDillonvaleLaurelvilleMcArthurMorristownMount Pleasant and Powhatan Point rejected the reform measures.

International

Mexico's Michoacan Sees New Massacre, 11 Killed Near Tarecuato. Michoacan state prosecutors announced late Monday that police had found the bullet-riddled bodies of five men and six boys near the town of Tarecuato in the north of the state near the border with the state of Jalisco. The area has been a hotbed of bloody conflict between the Jalisco New Generation Cartel and local criminal gangs. Tarecuato is not from the municipality of La Barca, where clandestine mass graves have been unearthed, and also near to the avocado-producing regions of the state, which are the target of organized crime extortion efforts.

Medical Marijuana Update

Mississippians still can't get their medical marijuana, New York medical marijuana patients can now buy buds, and more.

Mississippi

Mississippi Governor Wants Tighter Limits on Medical Marijuana Before He Will Call a Special Session to Pass It. Gov. Tate Reeves (R) said Monday he wants to reduce the amount of medical marijuana that people can buy and reduce the allowable level of THC in it before he will move forward to call a legislative special session to create a medical marijuana program. "If we’re going to have a medical marijuana program, we need to get it done right," said Reeves. "I think getting it done right is more important than getting it done quick." Voters approved medical marijuana via an initiative a year ago, but the state Supreme Court threw out that victory, invalidating the state's initiative process as it did so. The legislature then failed to pass a make-up bill during the regular session. Reeves has said he will call a special session, but now is demanding these new restrictions.

New York

New York Dispensaries Call Now Sell Buds. Finally, smokeable "whole flower" marijuana buds are now on sale in dispensaries in the state. Smokeable marijuana had been banned at the insistence of then-Gov. Andrew Cuomo (D) when the state's medical marijuana law passed in 2014. But after the state passed marijuana legalization last year, the ban on smokeable medical marijuana no longer made any sense, according to state Sen. Diane Savino (D), one of the bill's authors. "We knew restricting access to whole flower was going to drive up the cost of the product, because it costs more money to process it into non-smokable forms," Savino said. "And for a lot of patients, the fastest delivery method to really obtain relief is through smoking."

Washington, DC

DC Council Approves Bill to Aid Struggling Dispensaries. The city council on Tuesday unanimously approved a bill aimed at helping the city's dispensaries, which have struggled during the coronavirus pandemic. The new bill allows patients whose cards have expired since March 2020 to continue using them through January 2022 and creates a two-year medical marijuana card, as opposed to the current one-year card. The bill also doubles the amount of marijuana a patient can purchase at one time from four ounces to eight.

Detroit Voters Approve Psychedelic Reform, Philadelphia Voters Approve Pot Legalization Measure, More... (11/3/21)

Election Day brought a pair of big city victories for drug reform, Mississippi's governor wants a more restrictive medical marijuana proposal before he will call a special session, and more.

Mississippi Gov. Tate Reeves (R) is trying to tighten the screws on medical marijuana legislation. (nga.org)
Marijuana Policy

Philadelphia Voters Approve Referendum Calling for Statewide Marijuana Legalization. Voters on Tuesday approved a referendum calling for statewide marijuana legalization by a margin of 73 percent to 27 percent. The referendum adds a section to the city charter, saying "the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes." The referendum is non-binding but adds pressure on the legislature to act. Republicans control both houses of the legislature and have so far blocked action on marijuana legalization, but last month, a bipartisan legalization bill was formally introduced.

Medical Marijuana

Mississippi Governor Wants Tighter Limits on Medical Marijuana Before He Will Call a Special Session to Pass It. Gov. Tate Reeves (R) said Monday he wants to reduce the amount of medical marijuana that people can buy and reduce the allowable level of THC in it before he will move forward to call a legislative special session to create a medical marijuana program. "If we’re going to have a medical marijuana program, we need to get it done right," said Reeves. "I think getting it done right is more important than getting it done quick." Voters approved medical marijuana via an initiative a year ago, but the state Supreme Court threw out that victory, invalidating the state's initiative process as it did so. The legislature then failed to pass a make-up bill during the regular session. Reeves has said he will call a special session, but now is demanding these new restrictions.

DC Council Approves Bill to Aid Struggling Dispensaries. The city council on Tuesday unanimously approved a bill aimed at helping the city's dispensaries, which have struggled during the coronavirus pandemic. The new bill allows patients whose cards have expired since March 2020 to continue using them through January 2022 and creates a two-year medical marijuana card, as opposed to the current one-year card. The bill also doubles the amount of marijuana a patient can purchase at one time from four ounces to eight.

Psychedelics

Detroit Voters Approve Psychedelic Decriminalization Measure. Voters in Michigan's largest city approved a ballot measure to essentially decriminalize psychedelics by an unofficial tally of 61 percent to 39 percent. The initiativesays the city will "decriminalize to the fullest extent permitted under Michigan law the personal possession and therapeutic use of Entheogenic Plants by adults." The new policy will also "make the personal possession and therapeutic use of Entheogenic Plants by adults the city’s lowest law-enforcement priority." Detroit now joins the Michigan communities of Ann Arbor, Washtenaw County, and Grand Rapids in having approved psychedelic reform. Meanwhile, a bill to legalize the cultivation, possession, and delivery of plant- and fungi-based psychedelics is before the state Senate.

Opioid Makers Win One in California Court, NH Marijuana Legalization Bill Filed, More... (11/2/21)

The DC council retreats from language that would have threatened a crackdown on the city's marijuana "gift economy," a California court rules in favor of opioid manufacturers in a rare victory for the industry, and more.

Marijuana Policy

JAMA Study Finds Legalizing or Decriminalizing Marijuana Reduces Race-Based Arrests. A study published in the Journal of the American Medical Association (JAMA) finds that states that legalize or decriminalize marijuana see "large reductions in race-based arrests among adults" while those states that do not continue to see "increases in arrest rate disparities." Legalization was associated with 561 fewer arrests per 100,000 Black people and 185 fewer arrests per 100,000 White people, while decriminalization was associated with 449 fewer arrests per 100,000 Black people and 117 for White people. On the other hand, "cannabis arrests for adults and youth increased over time in states that did not implement a cannabis policy change," the study concluded. "Overall, results revealed that states that implemented a cannabis policy change saw large decreases in arrests compared with states that had no policy reform," the researchers concluded.

New Hampshire Marijuana Legalization Bill Filed. State Rep. Tim Egan (D-Grafton) has filed a bill that would legalize the possession of up to an ounce of pot and allow for home grows of up to three mature plants. The bill also envisions a system of taxed and licensed marijuana production and sales. While the House passed a similar bill last year, legalization efforts in the state face an obstacle in Gov. Chris Sununu (R), who has historically opposed legalization.

DC Council Removes Marijuana Bill Language That Threatened Crackdown on Unregulated Market. A provision of a DC marijuana bill that could have led to a crackdown on the city's unregulated marijuana "gift economy," which skirts the ban on legal retail sales, was removed Monday as the council prepares to vote on the measure on Tuesday. The move came after strong criticism from activists, who argued that targeting those currently providing marijuana would perpetuate systemic racial inequalities that marijuana legalization is supposed to reduce. There are currently estimated to be dozens of grey market pot shops and more than a hundred delivery services operating in the city.

Opioids

California Judge Rules for Drug Makers in Lawsuit Over Opioid Crisis. A California state judge has handed a rare victory to opioid manufacturers by rejecting the legal argument successfully employed against the industry in thousands of cases charging that it substantially contributed to an opioid epidemic that has taken more than half a million lives since the late 1990s, when the appearance of OxyContin marked the beginning of the current wave. "There is simply no evidence to show that the rise in prescriptions was not the result of the medically appropriate provision of pain medications to patients in need," wrote Judge Peter Wilson of Orange County State Superior Court. The counties of Santa Clara, Los Angeles, and Orange and the city of Oakland had sued four opioid manufacturers—Johnson & Johnson, Teva, Allergan, and Endo Pharmaceuticals—charging that their manufacturing and distribution of opioids constituted a "public nuisance, but Judge Wilson held that even if the companies were found to have created false or misleading marketing, "any adverse downstream consequences flowing from medically appropriate prescriptions cannot constitute an actionable public nuisance."

Rahul Gupta Confirmed as ONDCP Director, PA Pot Poll, Colombia Coca Growers Seize Solders, More... (11/1/21)

The nation has a new drug czar, Italian activists hand in hundreds of thousands of signatures to try to get a marijuana and psychoactive substances initiative before the voters, and more.

Meet the new drug czar: Dr. Rahul Gupta has been confirmed by the Senate to head ONDCP. (MD)
Marijuana Policy

Pennsylvania Poll Has Record High Support for Marijuana Legalization. A new Franklin & Marshall College poll has support for marijuana legalization at a record high, with 60 percent of respondents backing it. That's up one percentage point since the last Franklin & Marshall poll in March. The poll comes as a number of state legislators file bills to make it happen, but such efforts have so far gotten little traction in the Republican-controlled House and Senate.

Drug Policy

Senate Confirms Dr. Rahul Gupta as ONDCP Director. The Senate last Thursday confirmed President Biden's pick to head the Office of National Drug Control Policy (ONDCP—the drug czar's office), Dr. Rahul Gupta. Gupta is the first MD to serve as drug czar. Gupta has served as West Virginia's Chief Medical and Health Officer and Senior Vice President at March of Dimes. As the state’s Chief Health Officer, Dr Gupta led the opioid crisis response efforts and launched a number of pioneering public health initiatives, including the Neonatal Abstinence Syndrome Birthscore program to identify high-risk infants. He also led the development of the state’s Zika action plan and its preparedness efforts during the Ebola Virus Disease Outbreak.

International

Colombia Coca Growers Seize, Then Release 180 Government Soldiers. Hundreds of coca growers armed with sticks and machetes seized 180 Colombian soldiers who were part of an operation to destroy coca crops early last week and released them days later after deciding unilaterally to let them go after negotiations with the government. "The situation ends here with a voluntary agreement from the growers," said a mediator from the ombudsman's office. The eradication operation was taking place near the Venezuelan border and threatened to disrupt the farmers' livelihoods.

Italian Activists Turn in Hundreds of Thousands of Signatures for Marijuana and Psilocybin Referendum. Last Thursday, activists handed in some 630,000 signatures for a referendum to legalize the cultivation of marijuana and other psychoactive plants and fungi. Now, the Supreme Court of Cassation has 30 days to determine that the signatures are valid, and if they are found valid, the Constitutional Court will determine whether the measure conflicts with the national constitution or international treaties. Activists say they intentionally limited the referendum's language to meet that standard.

NY MedMJ Dispensaries Can Now Sell Smokeable "Whole Flower," SD Panel Calls for Legal Weed, More... (10/28/21)

An asset forfeiture battle pits Kansas deputies and federal prosecutors against Missouri medical marijuana companies, a South Dakota legislative panel recommends the state legalize marijuana (after voters already did so last year with an initiative now tangled up in court), and more. 

New York medical marijuana patients can now buy and smoke buds like his one. (Creative Commons)
Marijuana Policy

South Dakota Legislative Panel Recommends Marijuana Legalization. As the state awaits for the state Supreme Court to decide whether or not voters legalized marijuana at the polls last November, the legislature's Marijuana Interim Study Committee on Wednesday wrapped up its work and formally recommended that the state end marijuana prohibition. The panel also recommended setting a 15 percent sales tax on legal marijuana and establishing a system of licensed grows, retail outlets, and testing facilities. The panel did not recommend allowing home grows. The recommendations now go to the full legislature for consideration.

Medical Marijuana

New York Dispensaries Call Now Sell Buds. Finally, smokeable "whole flower" marijuana buds are now on sale in dispensaries in the state. Smokeable marijuana had been banned at the insistence of then-Gov. Andrew Cuomo (D) when the state's medical marijuana law passed in 2014. But after the state passed marijuana legalization last year, the ban on smokeable medical marijuana no longer made any sense, according to state Sen. Diane Savino (D), one of the bill's authors. "We knew restricting access to whole flower was going to drive up the cost of the product, because it costs more money to process it into non-smokable forms," Savino said. "And for a lot of patients, the fastest delivery method to really obtain relief is through smoking."

Asset Forfeiture

Sheriff's deputies in Kansas's Dickinson County in May seized $160,000 in cash medical marijuana receipts from dispensaries in Missouri, where medical marijuana is legal, and federal prosecutors in Kansas are moving to seize the money under asset forfeiture laws used to target drug traffickers. A federal magistrate ruled last month that there was probable cause to seize the money because it was derived from illegal drug sales—illegal under federal, not state, law, that is. The firm that was transporting the cash receipts from Missouri to Colorado, Empyreal, is challenging the seizure, arguing that the money came from legal transactions. A hearing on the case is set for January 4.

HHS Secretary Vows More Federal Support for Harm Reduction, Poll Shows Support for DC Drug Decrim, More... (10/27/21)

Arkansas could soon see two seperate marijuana legalization initiative campaigns, a new poll shows DC voters are ready for drug decriminalization, and more.

HHS says there were 840,000 drug overdose deaths between 1999 and 2019. (Creative Commons)
Marijuana Policy

Arkansas Sees Second Marijuana Legalization Initiative Campaign Launched. And then there were two. Activists with Arkansas True Grass already have a marijuana legalization initiative in the signature gathering phase, and now, a former state House minority leader has announced the formation of a new advocacy group, Responsible Growth Arkansas, to push a second legalization effort. That former lawmaker, Democrat Eddie Armstrong, says his proposed initiative would "allow the regulated sale of adult-use cannabis in the state." Armstrong has yet to file an initiative text with state officials but promised more information in coming weeks. Statutory initiatives require 71,321 valid voter signatures. If Armstrong's initiative takes the form of a constitutional amendment, it would need 89,151 valid voter signatures. In either case, signature gathering must be complete by next July.

Medical Marijuana

Michigan Bills to Restrict Cultivation by Caregivers Advance. A package of bills that would limit the amount of medical marijuana that caregivers can grow is headed for the House floor. Under the package, caregivers would have to obtain a new specialty medical marijuana grower license and comply with a variety of new regulations. Under current rules, caregivers can grow up to 72 plants and must register with the state, but do not need a license. Under the bill package, caregivers could grow only 24 plants without a license. Because the package of bills alters the voter-approved 2008 medical marijuana initiative, it must garner 75 percent of the vote in both houses to pass.

Drug Policy

DC Voters Support Drug Decriminalization, Poll Finds. Just a week after activists announced a push for drug decriminalization in the nation's capital, a new poll finds very strong support for the notion. The poll had 83 percent saying the DC Council should pass an ordinance to "remove criminal penalties for possession of small amounts of commonly-used controlled substances consistent with personal use." That includes 65 percent who strongly support the far-reaching reform. The reform is being pushed by a coalition called DecrimPovertyDC, which includes groups such as the Drug Policy Alliance and Students for Sensible Drug Policy.

Harm Reduction

HHS Secretary Vows More Federal Support for Harm Reduction Measures. Health and Human Services (HHS) Secretary Xavier Becerra on Wednesday outline the Biden administration's approach to reducing drug overdoses and committed to more federal support for measures such as needle exchanges, increased access to naloxone, and test strips to check drugs for the presence of fentanyl. The strategy also includes expanding medication-based treatment, reducing "inappropriate" opioid prescribing (which could drive users into the more dangerous black market), and more support for drug treatment. Becerra even expressed some openness to safe injection sites: "When it comes to harm reduction, we are looking for every way to do that. … We probably will support the efforts of states that are using evidence-based practices and therapies." According to an HHS report released Wednesday, 840,000 people died of drug overdoses from 1999 to 2019. Becerra's comments reflect a statement of priorities for the administration’s first year released in March by the White House Office of National Drug Control Policy.

Drug War Issues

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