A Georgia prosecutor's bid to seize a landlord's rural trailer beause a tenant got caught with meth gets thrown out of court, Colombia's president proposes buying up the coca crop, and more.

Opiates and Opioids

Two Fentanyl Bills Pass Senate as Part of Defense Spending Bill. The Senate approved the must-pass National Defense Authorization Act (S.2226) late last week. Because of its must-pass nature, the bill was loaded with other measures sponsors sought to get through the Congress, including a pair of fentanyl-related bills.

Sponsored by Sen. Rick Scott (R-FL), the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act (S.206) would require the Commissioner of U.S. Customs and Border Protection (CBP) to regularly update its drug interdiction guidance. Currently, many CBP policies that outline drug interdiction practices are outdated and do not provide guidance on how to handle drugs such as fentanyl. Sponsored by Sen. Tim Scott (R-SC), the Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, which would require the President to sanction drug rings involved in international drug trafficking, including suppliers in China and cartels from Mexico.

Psychedelics

California Initiative Would Fund Psychedelic Research to Tune of $5 Billion. A group calling itself TREAT California has filed a proposed initiative for the 2024 ballot that would allocate $5 billion for a new state agency that would fund and promote psychedelic research with an eye toward accelerating the progress toward federal legalization of certain psychedelics, such as psilocybin and ibogaine.

The campaign is not led by magic mushroom fans but by seasoned initiative campaigners. They want to create an agency they are calling the Treatment, Research, Education, Access and Therapies (TREAT) Institute to identify opportunities for advancing science into the therapeutic potential of psychedelics to address serious mental health conditions like depression and addiction.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed constitutional amendment says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

Meanwhile, another initiative campaign already underway seeks to put psilocybin legalization on the 2024 ballot. That campaign recently got approval from the state to begin signature gathering.

Asset Forfeiture

Georgia Prosecutor's Bid to Seize Landlord's Property over Tenant's Drug Possession Rejected. An effort by the Ogeechee Circuit District Attorney's Office to seize the property of a landlord because of her tenant's arrest for drugs has gone up in flames. The tenant of a trailer and utility shed on a small rural property had been arrested on methamphetamine possession charges in January but has never been indicted or even had her case appear before a grand jury.

But prosecutors moved to seize the property through civil asset forfeiture even though the woman arrested was not the property owner. District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord responded that she was not privy to the criminal conduct, did not consent to the criminal conduct, did not know of the criminal conduct, could not have reasonably known that criminal conduct was going to occur, and thus the property should not be forfeited. The judge in the case agreed.

"No evidence was adduced at trial that Walker was privy to Keaveny's criminal conduct, consented to or had any knowledge of criminal conduct, had any reason to believe it would or was occurring, or derived any financial benefit from the conduct," Judge Roland Thompson wrote, dismissing the seizure request.

International

Colombia President Proposes Buying up Coca Crop to Use for Industrial Purposes. With the country's rural coca economy in crisis because of years of overproduction, President Gustavo Petro has proposed buying up the crop and using it to make fertilizer. He also called for strategies to boost infrastructure development for the project.

"And that is done with research and technology and the form has already been invented. The Government proposes at the national level in the regions with the highest production of coca leaf used in another way, to set up factories to buy that coca leaf and turn it into carbonless fertilizer, decarbonized fertilizer, or if we want another word, 'biofertilizers,' Petro said. "So, I propose to SENA [the National Training Institute] to see if with the Government we can put these industrial complexes of cooperatives, indigenous peoples and neighbors, in order to use the coca leaf in a different way, which is to produce fertilizer for food in Colombia, zero carbon. That is, in the conditions that are needed in the 21st Century," he added.

Michigan's former GOP House Speaker pleads guilty to marijuana bribery, a natural psychedelic legalization bill is filed in Uruguay, and more.

Marijuana Policy

Indiana Democrat Forces Marijuana Legalization Vote: GOP Lawmakers Defeat It. After years of being unable to get the Republican-dominated state legislature to consider marijuana legalization, one Democratic lawmaker came up with a creative way to get the issue heard. Rep. Justin Moed filed an amendment to Senate Bill 20, which addresses rules for businesses that sell alcohol and hemp products, that would strike language defining hemp as cannabis containing no more than 0.3 percent THC. By removing that language, the bill would have effectively legalized marijuana, with the regulations for hemp applying to any cannabis product. That amendment was defeated, but not before six Republican representatives joined Democrats in supporting it, demonstrating a hint of bipartisan support for legalization.

Former Michigan GOP House Speaker Pleads Guilty to Taking Bribes from Marijuana Company. Former Republican House Speaker Rick Johnson was one of four people who pleaded guilty Wednesday to bribery in a case where a medical marijuana company seeking a license paid him more than $110,000 to ensure it got its license. The other three defendants were the owner of the company and two lobbyists working with yet another company. Johnson, who left the speakership in 2004, was chairman of the state marijuana licensing board at the time the scheme occurred.

Cleveland Mayor Plans to Expunge Thousands of Marijuana Arrest, Conviction Records. Cleveland Mayor Justin Bibb (D) announced Tuesday that the city will move forward with sealing thousands of marijuana records. The move comes after a state law allowing municipalities to process mass relief took effect. The mayor said there would be about 4,000 marijuana expungements for Cleveland citizens. Mayor Bibb sought to implement a mass marijuana clemency last year, only to be told by state officials that local officials did not have that authority. So he then worked with legislators to pass that state bill.

Foreign Policy

China Blames US for American Fentanyl Problem; Supports Mexico Against GOP Threats. In response to a letter from Mexican President Andres Manuel Lopez Obrador seeking Chinese help in quelling the illicit fentanyl trade, a Chinese foreign ministry spokesperson placed the blame for the fentanyl crisis squarely on the US. "The root cause of the overdose lies in the US itself. The problem is completely 'made in USA, '"the foreign ministry's Mao Ning said at a press briefing Thursday. "The US needs to face up to its own problems, take more substantial measures to strengthen domestic regulation and reduce demand. It cannot relapse into the illness of 'letting others take the pill when it is sick,' she added.

In his letter, Lopez Obrador falsely claimed that the drug is produced in China and only transits through Mexico, but US officials and independent observers say precursor chemicals are sent from China to Mexico, where the fentanyl is then produced in underground laboratories. And that gave China an opening to deny a role in the crisis.

"There is no such thing as illegal trafficking of fentanyl between China and Mexico," Mao said. "We two countries have a smooth channel of counternarcotics cooperation, and the competent authorities of the two countries maintain sound communication. China has not been notified by Mexico on the seizure of scheduled fentanyl precursors from China," she added.

Mao rebuked the US for threats by GOP lawmakers to unleash military force against Mexican cartels in Mexico, but also called on Mexico to step up its anti-drug efforts. "China firmly supports Mexico in defending independence and autonomy and opposing foreign interference and calls on the elevant country to stop hegemonic practices against Mexico. At the same time, we hope the Mexican side will also take stronger counternarcotics actions," Mao said.

International

Uruguay Natural Psychedelic Legalization Bill Filed. Led by Sen. Juan Sartori, the National Party is getting behind a bill that would legalize natural psychedelics for therapeutic use under a psychiatrist's supervisions. The substances that would be legalized include psilocybin, psilocin, ibogaine, and DMT. The National Party, a center-right formation, is the current governing party in Uruguay.

This year's state legislative season is just beginning, and there is already evidence that the psychedelic renaissance now underway is reaching into statehouses across the land. In at least eleven states, reform bills ranging from therapeutic psilocybin to the decriminalization of natural psychedelics have already been filed, and more states are likely to join the list as the year goes on.

What started with a successful local psilocybin decriminalization initiative in Denver in 2019 has now spread to a number of cities, including Oakland and Santa Cruz, California; Cambridge, Somerville, and Northampton, Massachusetts; Seattle; and Washington, DC. At the state level, Oregon led the way with the 2020 passage of Measure 109, which both decriminalized psilocybin and created a framework for its therapeutic administration, and Measure 110, which decriminalized the possession of all drugs, including psychedelics. And in November, Colorado voters passed Measure 122, which decriminalizes natural psychedelics and creates a framework for psilocybin "healing centers."

Here (with a tip of the hat to Marijuana Moment) is what could be coming this year:

California

Sen. Scott Wiener (D-San Francisco) has filed Senate Bill 58, which would legalize the possession of small amounts of DMT, ibogaine, mescaline, psilocybin, and psilocyn, but not synthetic psychedelics such as LSD and MDMA. A previous version of the bill included those synthetic psychedelics. That bill passed the Senate only to die at the last minute in the Assembly.

Colorado

After voters approved the legalization of natural psychedelics and the creation of psilocybin "healing centers," Gov. Jared Polis (D) is calling for the legislature to pass enabling legislation "to set it up in a way that prevents any negative consequences and honors the will of the voters." It is unclear what Polis is seeking, but he has previously said he was "excited" about the reforms and called psychedelics a "promising" treatment possibility for some mental health conditions.

Connecticut

Rep. David Michel (D) has filed House Bill 5012, "[t]o allow the use of psilocybin for medicinal and therapeutic purposes, including, but not limited to, the provision of physical, mental or behavioral health care." That bill has been referred to the joint Public Health Committee. Michel told Marijuana Moment this week that he will also cosponsor a psychedelic decrim bill with Rep. Josh Elliott (D).

Illinois

Rep. La Shawn Ford (D) has filed House Bill 1, the Compassionate Use and Research of Entheogens (CURE) Act, which would remove psilocybin from the state's list of controlled substances, effectively legalizing it. The measure would also allow expungement of certain psilocybin-related convictions and create an advisory board for psilocybin therapeutic services.

Missouri

Rep. Tony Lovasco (R) plans to file a revised psychedelics bill after a broader psychedelic reform bill he filed last year died in the House Health and Mental Health Policy Committee. The new version will be a narrowly tailored bill to allow people with serious mental health conditions therapeutic access to psilocybin.

Minnesota

Rep. Andy Smith (D) has announced that he is "currently working on a bill forming a psychedelic medicine task force so Minnesotans can have access to these life affirming treatments. For decades scientific research into the positive effects of psychedelic medicine has been muzzled by the 'war on drugs,' but that is [starting] to change," he said. The bill has not yet been filed and the text is not yet available.

Montana.

Two bills are currently being drafted by legislative staff at the request of members. LC 1208, requested by Sen. Jill Cohenour (D)would "[l]egalize psilocybin use for PTSD/mental health treatment," while LC 2311, requested by Rep. George Nikolakakos (R) would more incrementally mandate an interim study on the use of psilocybin for the treatment of mental illness.

New Jersey

Last year, Senate President Nicholas Scutari (D) filed Senate Bill 2934, which would legalize the possession, home cultivation, and gifting of psilocybin mushrooms by people 21 and over, as well as setting a system of licensed psilocybin services in supervised settings. That bill has been carried over into the current session and now has a companion version, Assembly Bill 4911, in the Assembly filed by three key lawmakers, including Judiciary Committee Chairman Raj Mukherji (D) and Health Committee Chairman Herb Conaway (D).

New York

Assemblymember Linda Rosenthal (D) has pre-filed Assembly Bill 00114, which would legalize the "possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing by or between natural persons of twenty-one years of age or older of a natural plant or fungus-based hallucinogen." That would include DMT, ibogaine, mescaline, psilocybin, and psilocyn. The bill would also allow people to use such substances in religious ceremonies or engage in psychedelic services "with or without remuneration."

Oregon

State voters already approved both therapeutic psilocybin and broader drug decriminalization, but legislators have filed a pair of bills aimed at adjusting the psilocybin services program. Senate Bill 303, filed by Sen. Elizabeth Steiner (D), would mandate that psilocybin businesses and therapists collect and report data such as average psilocybin doses and demographics of their client base. Senate Bill 302, filed by Sen. Kim Thatcher (R), would mandate that psilocybin business applicants provide certain information about ownership and location of their operations.

Virginia

Last year, Del. Dawn Adams (D) filed House Bill 898, which would decriminalize a broad array of psychedelics, but the House bumped it to 2023. It's now 2023, and that bill is still alive. Adams has this year also filed House Bill 1315, which would legalize psilocybin possession for people who have an "order" from a health care professional to treat "refractory depression or post-traumatic stress disorder or to ameliorate end-of-life anxiety." The bill would also reduce the penalty for non-medical possession of psilocybin to a Class 2 misdemeanor punishable by no more than 30 days in jail. Meanwhile Sen. Ghazala Hashmi (D) has pre-filed Senate Bill 932, which would down-schedule psilocybin from Schedule I to Schedule III and create a Virginia Psilocybin Advisory Board to "develop a long-term strategic plan for establishing therapeutic access to psilocybin services and monitor and study federal laws, regulations, and policies regarding psilocybin."

And this is only January.

Prisoners and advocacy groups call on the Bureau of Prisons to clean up its act, Colombia's new president has some words for the US, and more.

Psychedelics

San Francisco Effectively Decriminalizes Natural Psychedelics. The city's Boad of Supervisors voted unanimously Tuesday night to approve a resolution that effectively decriminalizes natural psychedelics. The resolution includes the "full spectrum of plants, fungi, and natural materials that can inspire personal and spiritual well-being," and includes ayahuasca, DMT, ibogaine, mescaline, psilocybin. The resolution also allows for the "planting, cultivating, purchasing, transporting, distributing, engaging in practices with" those substances and provides no limits on quantities that may be possessed. The resolution effectively decriminalizes these substances by designating them the lowest law enforcement priority, but they remain illegal under state and federal law. San Francisco now joins Arcata, Oakland, and Santa Cruz among California cities that have embraced such measures. A dozen other citizens around the country have, too.

Incarceration

Incarcerated People and Advocacy Organizations Urge Reform of US Bureau of Prisons. In a letter Tuesday to federal Bureau of Prisons Director Colette Peters, current and former federal prisoners and an array of sentencing, drug policy, and other advocacy groups called on her to "bring the Bureau into compliance with federal law and to lead the Bureau toward a more humane future grounded in transparency and accountability." The letter cited a number of issues and concerns, including unsafe and inhumane prisons, the need for the Bureau to use its power to seek compassionate release, the need for the Bureau to comply with the First Step Act (there are chronic delays in releasing people who qualify), and the pervasiveness of abuse, corruption, and misconduct. In addition to individual signers, the letter was endorsed by the ACLU, Citizens United for the Rehabilitation of Errants (CURE), the Drug Policy Alliance, Fair and Just Prosecution, Federal Public and Community Defenders, the National Association of Criminal Defense Lawyers, National Council of Churches, and the Sentencing Project, which organized the campaign.

Foreign Policy

Colombian President Warns US Drug War Has Failed, Change Must Come. President Gustavo Petro warned the US on Wednesday the he believes the US-led war on drugs in his country is a failure and called for substantial changes in drug policy. The statement came after he met with the commander of the United States Southern Command, General Laura Richardson.  "We were now talking at length with General Laura Richardson … about the failure of the anti-drug policy. I think it should be called without fear: the policy that (Richard) Nixon had in the time It was called the War on Drugs, has failed here," said Petro from the presidential palace. "It is our duty before the United States, but also before the world, to not only say this, but to propose alternatives that will not kill more than a million Latin Americans."

Colombia is the world's largest coca and cocaine producer, and Petro said that his own country is "the biggest culprit" because rural poverty makes drug cultivation and trafficking an attractive livelihood. Petro has moved to restrict the aerial spraying of herbicides and limited the resort to forced eradication of coca crops, promoting voluntary crop substitution instead. He is also proposing changes in the extradition treaty between Colombia and the US to allow those who cooperate with Colombia to avoid extradition to the US.

International

United Kingdom Blocks Bermuda from Legalizing Marijuana. In a rare move, the UK's Governor for Bermuda, who, as the queen's representative typically provides pro forma assent to the Bermudan government's actions, has intervened to block marijuana legalization in the British Overseas Territory. Even as incoming British Prime Minister Liz Truss was vowing to "stand up for freedom and democracy around the world," her government was directing the governor to block the marijuana legalization bill. "I have now received an instruction, issued to me on Her Majesty’s behalf, not to Assent to the Bill as drafted," the governor said. "The Secretary of State for Foreign, Commonwealth and Development Affairs concluded that the Bill, as currently drafted, is not consistent with obligations held by the UK and Bermuda"under international anti-drugs conventions dating back to 1961. Liz Truss was foreign secretary until Tuesday when she became prime minister. In a statement, the Bermudian government said the move was "disappointing, but not surprising, given the confines of our constitutional relationship with the UK government and their archaic interpretation of the narcotic conventions. The Bermudian government said it would continue to move forward on marijuana legalization, which could put the country on a collision course with the UK. "The people of Bermuda have democratically expressed their desire for a regulated cannabis licensing regime, following the strong endorsement at the ballot box and an extensive public consultation process. The Government of Bermuda intends to continue to advance this initiative, within the full scope of its constitutional powers, in keeping with our 2020 general election platform commitment." Bermudian Premier David Burt has not commented on this move, but warned earlier that: "If Her Majesty’s representative in Bermuda does not give assent to something that has been passed lawfully and legally under this local government, this will destroy the relationship we had with the United Kingdom."