Pot legalization bills advanced in the New Jersey legislature, an Oregon initiative would allow for social consumption spaces and protect workers, smokable medical marijuaan comes to Florida, Arkansas passes a civil asset forfeiture reform bill, and more.

The Trump administration doesn't like safe injection sites, but it's down with needle exchanges. (Creative Commons)

New Jersey Legalization Bills Advance. Marijuana legalization bills advanced in the legislature Monday. The Assembly Appropriations Committee approved A 4497, while the Senate Judiciary Committee approved its companion measure, S 2703. The victories come a week after Gov. Phil Murphy (D) and legislative leaders reached an agreement on what legalization should look like. Final floor votes could come as early as next Monday.

Oregon Initiative Would Allow Indoor Pot Smoking, Protect Workers. Marijuana industry leaders have filed an initiative, the Legalization Justice Act of 2020, which would, among other things, allow for social consumption spaces, provide protections for workers who use marijuana off the job, and urge the state to protect its homegrown marijuana industry. Now, organizers must collect 1,000 signatures before the secretary of state's office drafts a ballot title. Once that step is completed, organizers will then have to gather 112,000 valid voter signatures to qualify for the November 2020 ballot.

Pennsylvania Legalization Bill Details Announced. State Sens. Daylin Leach (D) and Sharif Street (D) have released details of their pending legalization bill. The measure would allow for social consumption sites and the home cultivation of up to six plants. A tax rate has not been set, but the goal is a rate that "balances the need to undermine any illegal market and the needs to both pay for regulation of the industry and invest in those harmed by prohibition." There would be no cap on marijuana business licenses and their would be a tiered licensing system to help communities adversely affected by the war on drugs.

Medical Marijuana

Florida Governor Signs Smokable Medical Marijuana Bill into Law. Gov. Ron DeSantis (R) on Monday signed into law SB 182, which ends a legislatively-mandated ban on smoking medical marijuana. The ban had been thrown out in the courts, but former Gov. Rick Scott (R) had appealed to reinstate it. DeSantis had threatened to drop the appeal if the legislature didn't act, but the legislature has acted and now the ban is dead.

Asset Forfeiture

Arkansas Legislature Approves Asset Forfeiture Reform. The House last week unanimously approved SB 308, which will require police and prosecutors to win a criminal conviction in most cases before they can seize someone's property. The Senate approved it last month. It now is on the desk of Gov. Asa Hutchinson (R).

Harm Reduction

Trump Administration Backs Needle Exchange. Health and Human Services Secretary Alex Azar said Tuesday the Trump administration is backing needle exchange programs as part of its effort to end HIV transmission but will continue to oppose safe injection sites. The move represents a policy shift among Republicans, who have traditionally opposed needle exchanges, but Azar said they were necessary: "Syringe services programs aren’t necessarily the first thing that comes to mind when you think about a Republican health secretary, but we’re in a battle between sickness and health, between life and death," Azar said.

A Delaware judge says a medical marijuana user fired for failing a drug test can sue his former employer, Arizona public health advocates want the governor to approve needle exchanges, and more.

Incoming House Rules Committee Chairman Becomes Cosponsor of Marijuana Justice Act. What a difference an election makes! Outgoing House Rules Committee Chair Pete Sessions (R-TX) reliably blocked any marijuana reform legislation, but things are going to be different under incoming Chair Jim McGovern (D-MA). McGovern has already said he is "not going to block marijuana amendments like my predecessor has done," and now he has just signed on as a cosponsor of the Marijuana Justice Act (HR 4815).

Indiana Governor Not Down With Marijuana Legalization. Gov. Eric Holcomb (R) has made it clear he will oppose any legislative moves to legalize marijuana. "I'm just not willing to look at that, especially since it is illegal right now according to the federal government," Holcomb said.

South Dakota Marijuana Legalization Initiative Filed. Attorney General Marty Jackley (R) has filed a statement on the language of an initiative to legalize marijuana, the first step in the process of getting the measure on the ballot. According to the attorney general's statement, the measure would allow anyone 21 and over to grow, possess, use, and sell marijuana. Localities would be barred from taxing or regulating marijuana businesses. And, the attorney general says, "it forbids prosecutions for driving under the influence of ingested marijuana," but the language of the initiative only bars prosecution for "consumed cannabis metabolites."

Medical Marijuana

Delaware Judge Rules Fired Medical Marijuana User Can Sue Former Employer. A factory worker fired from his job after failing a drug test can sue his former employer, Superior Court Judge Noel Primos ruled on Monday. Jeremiah Chance claims his firing violated the anti-discrimination provision of the state's medical marijuana law and that he was targeted for retaliation after pointing out safety issues with railroad ties manufactured by the Kraft Heinze plant in Dover. The company had argued that the anti-discrimination clause was preempted by the federal Controlled Substances Act, but the judge disagreed. The law does "not require employers to participate in an illegal activity... but instead merely prohibits them from discriminating based upon medical marijuana use," Primos wrote.

Oregon to Allow Medical Marijuana Deliveries in Areas That Ban Dispensaries. State regulators have approved medical marijuana deliveries in areas where dispensaries are banned effective December 28. The rules were approved last week after patient advocates voiced concern about rules that limited access to medical marijuana.

Drug Testing

Utah Bill Would Criminalize Using Fake Urine to Pass Drug Tests. Under a bill already approved by an interim legislative committee, it would be "a criminal offense to distribute, possess, or sell an adulterant or synthetic urine;" or "to defraud an alcohol or drug test using an adulterant, bodily fluid of another person, or bodily fluid expelled or withdrawn before collection for the test." The measure would make violations a misdemeanor.

Harm Reduction

Arizona Public Health Advocates Urge Governor to Legalize Needle Exchange Programs. In a letter delivered last week to Gov. Doug Ducey (R), more than 30 organizations involved in public health and addiction recovery called on him move to legalize the proven harm reduction intervention. "Arizona has fallen behind in its response to this national crisis, states like North Carolina, Indiana, and Kentucky have all implemented syringe service legislation and are seeing the benefits in their communities," the letter says. "Too many lives are on the line to continue with the status quo."

Oklahoma voters pass a very progressive medical marijuana initiative, legalizers win the Democratic gubernatorial nominations in Colorado and Maryland, Maine passes a major medical marijuana overhaul, and, with rightists now in power in Washington and Bogota, it looks like a new drug war is looming in Colombia.

Cocaine supply is at record levels and Colombia's newly elected president wants to do something about it. (CBP)

Marijuana Legalizers Win Democratic Gubernatorial Nominations in Two States. Colorado US Rep. Jared Polis, a leading congressional proponent of marijuana legalization, won the nomination in his state, while former NAACP head Ben Jealous, who has also called for marijuana legalization, won the nomination in Maryland.

Florida Medical Marijuana Proponent Now Wants 2020 Legalization Initiative. Orlando attorney John Morgan, the man behind the state's successful 2016 medical marijuana initiative, now says he wants to put a legalization initiative on the 2020 ballot. It would "pass overwhelmingly," Morgan said. The longtime Democratic fundraiser pointed to President Trump's recent comments on marijuana: "And I believe in light of President Trump's position, America is ready and willing."

Texas Poll Has Narrow Majority for Legalization. More than half of Texas registered voters polled in the newest University of Texas/Texas Tribune poll support legalizing marijuana. Some 53% said they favored legalizing either small amounts (30%) or any amount (23%). Another 31% would support legalizing medical marijuana, leaving only 16% against legalizing marijuana in any form. A much larger majority -- 69% -- supported reduced penalties for the possession of small amounts.

Medical Marijuana

Maine Legislature Passes Medical Marijuana Overhaul. The legislature has passed a sweeping overhaul of the state's medical marijuana program. The bill removes current qualifying conditions and allows doctors to recommend medical marijuana for any ailment and allows caregivers to expand their operations in exchange for tighter regulations. The bill now goes to the desk of Gov. Paul LePage.

Oklahoma Legalizes Medical Marijuana. One of the reddest of red states went green on Tuesday. Voters in Oklahoma approved a remarkably progressive medical marijuana initiative by a healthy margin of 56% to 43%. The initiative, State Question 778, allows registered patients to possess up to three ounces of marijuana anywhere and up to eight ounces at home. Patients also have the right to grow up to six mature and six immature plants or have designated caregivers do it for them. It also creates a system of licensed dispensaries, cultivation, and processing facilities and sets taxes at a relatively low 7%. The initiative also bars localities from using zoning laws to block dispensaries (although they wouldn't be allowed within 1,000 feet of a school). But what is most striking about Question 778 is that it does not restrict access to medical marijuana to a list of qualifying conditions. In fact, the initiative language explicitly states that "[T]here are no qualifying conditions" and that the only limitation on a doctor's recommending medical marijuana is that it must be done "according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication."

Harm Reduction

Ohio Officials Dragging Feet on Federal Needle Exchange Funds, Advocates Charge. The advocacy group Harm Reduction Ohio is accusing the state Health Department of using a bureaucratic delaying tactic to prevent needle exchange programs from accessing any of the funds the state is expected to receive for HIV prevention. Group head Dennis Cauchon said the department is failing to submit a necessary form to the federal Centers for Disease Control and Prevention. "Preventing HIV, hepatitis and drug overdoses are crucial health measures and save massive amounts of money and treatment," Cauchon wrote. Surrounding states submitted the necessary paperwork in 2016, he noted. "The Ohio Department of Health's refusal to support this would be nothing short of reckless, irresponsible and ignorant."

International

UNODC Says Cocaine, Opium Supplies at Record Levels. In its 2018 World Drug Report released Tuesday, the UN Office on Drugs and Crime (UNODC) reported that both cocaine and opium supplies were at their highest ever recorded levels last year. UNODC also described the non-medical use of prescription opioids, such as fentanyl, as a major threat to public health. "Drug markets are expanding, with cocaine and opium production hitting absolute record highs, presenting multiple challenges on multiple fronts," said UNODC Executive Director Yury Fedotov in a statement. "The real problematic issues for us have been the increase in opium production in Afghanistan and the massive increase in cocaine production, particularly because of Colombia," added Thomas Pietschmann, a drug research expert at the UNODC, and one of the lead authors of the report.

Colombia's New Rightist President-Elect Welcomes Trump's Support in New War on Drugs. President-elect Ivan Duque said Monday he welcomed Donald Trump's support for his agenda of a "head-on fight against drug trafficking" during a congratulatory phone call from the US leader. "Today I received a call from the US president where he congratulated us for the results achieved in the last elections and also his commitment to support our security, justice agenda, our agenda of a head-on fight against drug trafficking," Duque told reporters. The US wants Duque to clamp down hard on coca cultivation, which is at record levels. During the campaign, Duque vowed to reinstate the forced eradication of coca crops and the aerial spraying of herbicides over coca farms.

Colombia's Outgoing President Authorizes Use of Drones for Aerial Coca Eradication. Outgoing President Juan Manuel Santos on Tuesday authorized the use of drones to spray herbicides on coca crops. The move comes a day after the US said Colombian coca cultivation had increased 11% last year and cocaine production jumped 19%. Santos' government suspended aerial eradication of coca crops with glyphosate in 2015 after the World Health Organization linked it to cancer. Using low-flying drones would limit the dangers associated with glyphosate, he said.

(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 web site. 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.)

The US Surgeon General has some surprisingly frank words about harm reduction and evidence-based drug policy, Cory Booker's Marijuana Justice Act picks up another sponsor, Arizona's Supreme Court throws out a state law criminalizing the use and possession of medical marijuana on campus and more.

The section on the Surgeon General's comments has an update, including a statement from the Department of Health and Human Services on the safe injection sites mention.

US Surgeon General Jerome Adams talks harm reduction and evidence-based opioid treatment. (Creative Commons)

Jeff Merkley Signs on to Federal Marijuana Justice Act. And then there were five. Sen. Jeff Merkley (D-OR) has become the fifth cosponsor of Sen. Cory Booker's Marijuana Justice Act (S. 1689). The other cosponsors are Sens. Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Bernie Sanders (I-VT), and Ron Wyden (D-OR). Representatives Barbara Lee (D-CA) and Ro Khanna (D-CA) introduced a companion measure, H.R. 4815, in the House of Representatives earlier this year that has 35 cosponsors.

New York Democratic Party Officially Endorses Marijuana Legalization. Delegates to the state Democratic convention Wednesday adopted a resolution supporting marijuana legalization: "The New York State Democratic Committee supports the legalization of marijuana which should be regulated and taxed in a manner similar to alcohol," reads a resolution. The resolution adds that legalization is "an important social justice issue."

Medical Marijuana

Arizona Supreme Court Okays Medical Marijuana on College Campuses. The court ruled Wednesday that the state can't criminally charge card-carrying medical marijuana patients for possessing and using their medicine on campus. In Arizona v. Maestas, the court held that a 2012 law banning medical marijuana on campus violated the state's protections for voter-approved laws. The Supreme Court ruling upholds an appellate court ruling that also found in Maestas' favor.

Ohio Dispensary License Announcement Delayed. The state Board of Pharmacy announced Tuesday that its planned announcement of dispensary license awards Wednesday has been postponed and that provisional licenses will instead be issued in June. Legal medical marijuana sales are supposed to begin on September 8. Stay tuned.

Pennsylvania Judge Halts Medical Marijuana Research Program. A Commonwealth Court judge has granted a temporary injunction sought by numerous dispensaries and growers and processors to halt the state's medical marijuana research program. The plaintiffs worry that the regulations for the clinical research programs would give an unfair advantage to clinical research partners and growers. The Health Department is now pondering next steps.

Hemp

Illinois Governor Gets Bill Legalizing Industrial Hemp. With a 106-3 House vote Wednesday, the legislature has approved a bill legalizing industrial hemp, Senate Bill 2298. Now it's up to Gov. Bruce Rauner (R) to sign it.

Heroin and Prescription Opioids

US Surgeon General Urges ER Docs to Advocate for Evidence-Based Opioid Treatment. US Surgeon General Dr. Jerome Adams called Wednesday on emergency room physicians to advocate more vigorously for evidence-based opioid treatment, including harm reduction measures. Adams supported such harm reduction interventions as needle exchanges and safe injection sites. [The Department of Health and Human Services has issued a statement claiming that Dr. Adams does not support safe injection sites, and contesting the evidence on them. See update below.] He urged doctors to reach out to and educate stakeholders in their communities. "We have to understand that these policy interventions look different in different parts of the country," Adams said. "We have to understand that public policy means public and that we have to be able to go there and show them that we care before we can share what we know."

Update: A Department of Health and Human Services officer contacted us on Saturday, March 26th, claiming that the report news outlets relied on, including the one we linked to, was inaccurate in stating that Dr. Adams supports safe injection sites. We do not have other reports on his speech at this time to go on. The article linked above has been updated to include a copy of the HHS statement:

"The Administration and the Surgeon General do not support so-called 'safe' injection sites as a means to combat the opioid epidemic and its consequences. In addition, there is no evidence to demonstrate that these illegal sites reduce drug use or significantly improve health outcomes for those with opioid use disorder. So-called 'safe' injection sites lack the necessary scientific support to be considered a standardized evidence-based practice in the U.S."

Another article states that Adams mentioned safe injection sites as being "part of the conversation" in some communities.

Ed: We are in a position to address the administration's characterization of the evidence on safe injection sites, and it is false to the point of absurdity. There is significant evidence that safe injection sites improve health outcomes for persons with opioid use disorders. In fact, multiple journal articles to this effect are available on the website of the National Institutes of Health, a division of Health and Human Services. Here are a few of them:

• A 2017 study in Canadian Family Physician found that "SISs are associated with lower overdose mortality (88 fewer overdose deaths per 100 000 person-years [PYs]), 67% fewer ambulance calls for treating overdoses, and a decrease in HIV infections."
• A 2017 article in Harm Reduction Journal notes with citations that evaluation of Vancouver's Insite program showed it was "meeting its objectives of reducing public disorder, infectious disease transmission, and overdose and was successfully referring individuals to a range of external programs, including detoxification and addiction treatment programs.". The article further states that "over 40 peer-reviewed studies have been published which speak to the many benefits and lack of negative impacts of this site."
• A 2008 article in the American Journal of Public Health reported that the supervised injection facilities in Sydney and Vancouver were "negatively associated with needle sharing... and positively associated with less-frequent reuse of syringes... less outdoor injecting... using clean water for injection... cooking or filtering drugs prior to injecting... and injecting in a clean location," that "[b]oth... were effective gateways for addiction treatment, counseling, and other services," and that there were no "reported overdose deaths in a SIF."
• A 2014 article in Drug and Alcohol Dependence found that "[s]eventy-five relevant articles... converged to find that SISs were efficacious in attracting the most marginalized PWID, promoting safer injection conditions, enhancing access to primary health care, and reducing the overdose frequency" and that "SISs were found to be associated with reduced levels of public drug injections and dropped syringes."
• A 2008 article in the Canadian Medical Association Journal found "Vancouver's supervised injection site is associated with improved health and cost savings."
• A 2010 article in Addiction found that if Vancouver's supervised injection facility "were closed, the annual number of incident HIV infections among Vancouver IDU would be expected to increase from 179.3 to 262.8. These 83.5 preventable infections are associated with $17.6 million (Canadian) in lifetime HIV-related medical care costs, greatly exceeding Insite's operating costs, which are approximately $3 million per year."