Faced with an unrelenting drug overdose crisis, British Columbia (BC) is now set to become the first Canadian province to decriminalize the possession of small amounts of drugs, effective for a three-year period beginning January 31, 2023, Health Canada announced Tuesday. The agency has approved a request from BC for an exemption under the Controlled Drugs and Substances Act (CDSA) to remove criminal penalties for small-time drug possession.
Vancouver, epicenter of British Columbia's drug overdose crisis. (Creative Commons)
The move will decriminalize the possession of up to 2.5 grams of cocaine, MDMA, methamphetamines, and opioids (including fentanyl and heroin). People found with these personal use amounts of drugs will no longer be arrested, charged or have their drugs seized. Instead of handcuffs, drug users will be offered information on health and social services available, as well as referrals. Provincial officials had sought a higher threshold of 4.5 grams.
"The shocking number of lives lost to the overdose crisis requires bold actions and significant policy change. I have thoroughly reviewed and carefully considered both the public health and public safety impacts of this request," said Carolyn Bennett, federal Minister of Mental Health and Addictions and Associate Minister of Health. "Eliminating criminal penalties for those carrying small amounts of illicit drugs for personal use will reduce stigma and harm and provide another tool for British Columbia to end the overdose crisis."
"Substance use is a public health issue, not a criminal one," said Sheila Malcolmson, BC's Minister of Mental Health and Addictions. "By decriminalizing people who use drugs, we will break down the stigma that stops people from accessing life-saving support and services."
The province faces a true public health emergency around overdoses, with the BC government reporting at least 2,224 overdose deaths in 2021, an all-time high and a 26 percent increase over 2020. The last two months of 2021 also saw record overdose numbers. Some 85 percent of the reported overdose deaths involved fentanyl.
"Over the past seven years, our province has experienced a devastating loss of life due to a toxic illicit drug supply," said Lisa Lapointe, BC's chief coroner. "This public health emergency has impacted families and communities across the province and shows no sign of abating. In the past seven years, the rate of death due to illicit drug toxicity in our province has risen more than 400%. Drug toxicity is now second only to cancers in BC for potential years of life lost. We cannot simply hope that things will improve. It is long past time to end the chaos and devastation in our communities resulting from the flourishing illicit drug market, and to ensure, on an urgent basis, access across the province to a safe, reliable regulated drug supply."
Decriminalization is not quite safe drug supply, although Health Canada and BC are working on that, too, but it will help, said Dr. Bonnie Henry, BC's provincial health officer.
"This exemption is a vital step to keeping people alive and help connect them with the health and social support they need," said Henry. "By removing the fear and shame of drug use, we will be able to remove barriers that prevent people from accessing harm reduction services and treatment programs."
"Decriminalizing possession of drugs is an historic, brave, and groundbreaking step in the fight to save lives from the poison drug crisis. Today marks a fundamental rethinking of drug policy that favors healthcare over handcuffs, and I could not be more proud of the leadership shown here by the Governments of Canada and British Columbia", said Vancouver Mayor Kennedy Stewart.
But while government officials were congratulating themselves on their bold move, critics such as the Canadian Drug Policy Coalition said it was not nearly bold enough. In a statement released Tuesday they called for "decriminalization for all."
"The government of Canada's latest move to decriminalize drug possession should go further to protect everyone, in particular those most endangered by drug prohibition and the drug toxicity crisis," the coalition maintained. "We support policy that moves the needle forward; however, it is disappointing that decriminalization under the model announced on May 31st will not protect all people who use drugs from the harms of criminalization. We support progress, but we dream bigger. We want full decriminalization for all."
The coalition took special issue with the 2.5 gram threshold, calling it "a missed opportunity."
"A cumulative threshold quantity of 2.5 grams leaves many people who use drugs behind, namely those living in rural and remote communities who already bear the disproportionate brunt of drug prohibition and the drug toxicity crisis," the coalition protested. "People purchase larger quantities of drugs for myriad reasons: geographic restrictions, personal mobility reasons, and to limit interactions with the illicit drug market." Concerns over too-low threshold quantities were expressed repeatedly to BC and Health Canada by BC's own Core Planning Table for Decriminalization and the Board of the Vancouver Network of Drug Users (VANDU) -- to no avail.
The coalition also questioned the timing of the announcement, coming just one day ahead of a vote on a private member's decriminalization bill, Bill C-216, which was defeated Wednesday. "It is clear that the timing of the announcement is meant to hamper the progression of that bill through to committee stage, whereupon it could be further strengthened," the group noted.
The coalition called federal inaction on decriminalization "shameful," adding that "the piecemeal approach the government of Canada is now clearly taking does not adequately address the urgency of the drug poisoning crisis in the country."
Still, drug possession is about to be decriminalized in a Canadian province. Even with its shortcomings, that marks a striking conceptual shift in Canada's approach to drugs. And Toronto could be next. It has a similar exemption request pending.
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Delaware marijuana legalization supporters suffered a bitter defeat this week. They had seen a legalization bill, House Bill 371, pass the legislature with a veto-proof majority, only to see the bill vetoed by Gov. John Carney (D), and when the House voted to override the veto came Tuesday, the veto-proof majority had vanished into thin air, with the effort failing on a 20-20 vote.
Delaware State Capitol (Creative Commons)
That's because five Democrats who voted for the bill -- state Reps. Stephanie Bolden, Andria Bennett, William Carson, and Sean Matthews -- voted against overriding the veto, as did two Republicans who had voted for the bill, Reps. Michael Ramone and Jeffrey Spiegelman. House Speaker Valarie Longhurst (D), who had voted "yesâ on the bill, abstained on the override vote.
The vote came just hours after more than 150 people led by the Delaware Cannabis Coalition rallied outside the statehouse to rail against Gov. Carney's veto and urge lawmakers to override it
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"If you listen to his reasonings for his veto, it's almost as if you're watching Reefer Madness from the 1930's,â the bill's Senate sponsor, Trey Paradee (D) told the crowd. "So I'm not quite sure where he gets his information on this issue. But at this point, 19 other states have already figured this out. This is long overdue.â
Inside the chamber, House bill sponsor Rep. Ed Osienski (D) implored his colleagues to override the veto.
"I think this body is quite capable of directing and fixing any issues that may come from the passage of this legislation,â Osienski said during the House debate. "We need legalization, so I beg of my colleagues not to wait till 2025 to do this, but to override this veto, and then we can work together on the regulation and taxation.â
While House Bill 371 only legalized the possession of up to an ounce of marijuana -- not a legal marketplace, Osienski was referring to a broader legalization bill that did include a taxed and regulated market, House Bill 372. That bill failed even though it won a majority of votes because it needed a two-thirds majority in the House due to its tax provisions. After that, the legislature then approved House Bill 371, but even personal legalization without a marketplace was too much for Gov. Carney, who said he could live with medical marijuana and even decriminalization, but not legalization.
"I recognize the positive effect marijuana can have for people with certain health conditions, and for that reason, I continue to support the medical marijuana industry in Delaware,â Carney reasoned in his May veto statement. "I supported decriminalization of marijuana because I agree that individuals should not be imprisoned solely for the possession and private use of a small amount of marijuana -- and today, thanks to Delaware's decriminalization law, they are not. That said, I do not believe that promoting or expanding the use of recreational marijuana is in the best interests of the state of Delaware, especially our young people. Questions about the long-term health and economic impacts of recreational marijuana use, as well as serious law enforcement concerns, remain unresolved.â
As the House session ended Wednesday, Osienski released a statement saying legalization would be stymied if Carney did not change his mind about it.
"I didn't have enough votes in my own caucus alone -- only 23 members initially voted for HB 371,â Osienski said. "I didn't have the support of all three Republicans who voted for the bill, which put the veto override out of reach. However, I felt it was important to the advocates and supporters who have fought for a safe, legal, regulated cannabis industry to see this process through to the end.â
The Marijuana Policy Project's state policy director, Karen O'Keefe, isn't counting on Carney changing his mind or legalization happening before Carney leaves office.
"Unless there are major changes to the composition of the Delaware House, prohibition will almost surely continue in Delaware until there's a new governor in 2025,â she told Marijuana Moment. "In the meantime, Delawareans -- disproportionately Black and Brown Delawareans -- will continue to be subjected to thousands of unnecessary, intrusive searches and stops because Gov. Carney vetoed HB 371, and several members of the House didn't have the courage of their convictions to vote to override his veto.â
Too bad Delaware does not have an initiative process. Delawareans have shown levels of support for legal weed at levels above 60 percent for more than five years, yet their political system fails to respond.
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A North Carolina medical marijuana bill is moving, a Louisiana bill to protect medical marijuana-using state employees goes to the governor, and more.
LouisianaLouisiana Bill to Protect State Employees Who Use Medical Marijuana Goes to Governor. Both houses of the legislature have now approved House Bill 988, which aims to protect state employees from any negative consequences for using medical marijuana. The bill's author, House Rep. Mandie Laundry explained, "This bill provides employment discrimination protections," bill sponsor Rep. Mandie Laundry (D-New Orleans) explained. "It basically means that they can't be precluded from employment or fired just for having a medical marijuana prescription." The bill is now on the desk of Gov. John Bel Edwards (D), who has given no indication of whether he will sign it or not.
New York
New York Senate Approves Bill to Mandate Health Insurance Coverage for Medical Marijuana. The Senate last Wednesday approved Senate Bill 8837, which would require public health insurance programs to cover medical marijuana expenses and clarify that private insurers can do the same. The bill would define marijuana as a "prescription drug," "covered drug," or "health care service" under relevant state codes so that Medicaid and workers compensation would be required to provide coverage. The bill now heads to the Assembly.
North Carolina
North Carolina Medical Marijuana Bill Advances to Senate Floor Vote. The Compassionate Use Act, Senate Bill 711, was unanimously approved by the Senate Rules Committee last Wednesday, clearing the way for a final Senate floor vote, which could happen as soon as today. If and when the bill passes the Senate, it then goes to the House, and if approved by the House, it would go to the desk of Gov. Roy Cooper (D), who has said he supports medical marijuana. The bill would create a commission to issue 10 medical marijuana supplier licenses, with each supplier able to operate eight retail shops. Patients would be limited to a 30-day supply of medical marijuana.
North Carolina Senate Approves Medical Marijuana Bill. The Senate last Thursday voted 35-10 to legalize medical marijuana by approving Senate Bill 711, the Compassionate Use Act. That vote was a second reading of the bill, with another vote required next week before the bill is sent to the House, but after today's vote, that is considered a formality. The bill would let patients possess up to 1 ½ ounces of medical marijuana, but does not allow for home cultivation.
Pennsylvania
Pennsylvania Lawmakers Push for Tax Relief for Medical Marijuana Businesses. The House Finance Committee has approved an amendment to a broader tax code reform bill that would allow medical marijuana businesses to deduct business expenses for state tax purposes. Such businesses cannot deduct business expenses on their federal tax returns because the plant remains federally illegal, but the amendment would let the businesses add deductions after the fact to their federal corporate tax filings. The state Senate has already passed a bill to clarify that medical marijuana businesses may use the state's banking system, but the House has yet to act on its version of that bill.
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A Texas cop's party partners partied too hearty, a Kansas cop is in trouble after the evidence locker gets inspected, and more. Let's get to it:
In Ellinwood, Kansas,
a former Ellinwood police officer was arrested last Thursday after drugs and cash went missing from the department evidence locker over the winter. Christopher Rowland, 40, went down after an audit of the evidence locker shortly after he resigned showed that drugs and money had gone missing. He is charged with theft, possession of marijuana, official misconduct, interference with a law enforcement officer and interference with the judicial process.
In McAllen, Texas, a McAllen police officer was arrested last Friday on drug charges after one of his companions called police saying she was receiving "messages from strangers" and saw "the silhouette of two people" outside her home. When police arrived, the caller was determined to have an outstanding drug warrant, and when she asked if she could go back in the house to get some clothing, police accompanying her found two men and illicit drugs in plain view in the house. One of the men was Officer Juan Garza, Jr, 33, who, along with the other two people, was charged with possession and use of a volatile chemical, possession of marijuana, possession of controlled substances, and manufacture or delivery of controlled substances. Garza resigned after his arrest.
In San Antonio, Texas, a Bexar County sheriff's deputy was arrested Sunday after attempting to smuggle marijuana into the county jail. Deputy Kolbe Count Ramirez, 21, went down after an inmate was caught speaking in code on a phone call, leading deputies to uncover an operation to smuggle drugs into the jail. A subsequent search of Ramirez' vehicle in the jail parking lot turned up marijuana and synthetic marijuana. He is charged with criminal conspiracy to commit substances in a correctional facility, possession of a controlled substance, and possession of marijuana.
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New polls in Missouri and Texas show strong support for marijuana legalization, Peru takes steps to ease patient access to medical marijuana, and more.
Marijuana PolicyNew Poll Shows 62 Percent of Missouri Voters Support Recreational Marijuana. A new poll from SurveyUSA asked "Should the use of marijuana for recreational use remain against the law in Missouri? Or be legalized?" and 62 percent of respondents chose the latter. Some 79 percent of Democrats, 66 percent of independents, and even 49 percent of Republicans said legalize it. The poll comes as Legal Missouri 2022 awaits confirmation that its marijuana legalization has qualified for the November ballot. The group handed in some 390,000 raw voter signatures in mid-May, more than double the amount of valid signatures required.
New Poll Shows Majority of Texans in Favor of Legalized Weed. A new poll from the Dallas Morning News/University of Texas at Tyler has support for marijuana legalization at 60 percent, with 76 percent of Democrats, 64 percent of independents and 42 percent of Republicans in favor. Medical marijuana was even more popular, with 83 percent in favor. Despite popular support, marijuana law reform is making little progress in the Republican-controlled state legislature. Democratic gubernatorial contender Beto O'Rourke has said he favors legalization, while Republican Gov. Greg Abbott has said he supports decriminalization of small amounts.
Medical Marijuana
Mississippi Medical Marijuana Card Applications Start Today. The state's medical marijuana program is getting underway after passage of the Medical Cannabis Act earlier this year. As of today, June 1, the Department of Health is accepting applications from patients and practitioners; marijuana cultivators, processors, and testers; and marijuana transportation and disposal services. Applications should be approved within five days for patients and within 30 days for licensure, the department said.
International
Peru Issues Draft Law to Allow and Regulate Patient-Grown Medical Marijuana. The Ministry of Health is seeking comment on pending legislation to amend a law passed last year that lets groups of patients or collectives grow their own medicine. The ministry is seeking to refine that law after hearing criticism from advocates who said patients still lacked sufficient access. The draft law will also include guidelines on the production and processing of medical marijuana by patient groups.
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British Columbia will decriminalize drug possession beginning next year, a new survey finds Americans are less concerned about drug addiction even as overdose deaths rise, and more.
Asian authorities seized 162 tons of meth last year, the UN reports. (netnebraska.org)
Marijuana PolicyVirginia Lawmakers Propose New Marijuana Misdemeanor. As part of Gov. Glenn Youngkin's (R) two-year state budget package, lawmakers are proposing a new marijuana possession misdemeanor offense little more than a year after the then-Democratically controlled General Assembly approved marijuana legalization. Under the proposal, possession of more than four ounces of weed in public would be a misdemeanor punishable by up to a $500 fine. A second offense would be punishable by up to six months in jail and a $1,000 fine. The General Assembly will meet Wednesday in special session to consider the budget.
Drug Policy
Even as Overdose Deaths Rise, Public Concern About Drug Addiction is Decreasing, Pew Survey Finds. The number of Americans who see drug addiction as a "major problem" has declined in recent years, even as the country is in the midst of a sustained increase in drug overdose deaths, which are now at record highs. That decrease is evident even in regions of the country where overdoses have increased the most. Concern dropped in urban, rural, and suburban areas, and it dropped even in areas of high overdose death rates, from 45 percent to 37 percent. In low overdose death rate areas, concern dropped from 39 percent to 33 percent. As to why this is, Pew says: "It's not clear why public concern about drug addiction has declined in recent years, even in areas where overdose death rates have risen quickly. Surveys by the Center show that Americans have prioritized other issues, including the national economy, reducing health care costs and dealing with the coronavirus outbreak. The increase in overdose deaths may also be overshadowed, particularly amid the high number of deaths attributed to the coronavirus outbreak (though, as of this month, far fewer see the virus as a very big problem facing the country)."
International
Canada Allows British Columbia to Decriminalize Drug Possession. The federal government announced Tuesday that the province of British Columbia will be allowed to decriminalize the possession of small amounts of illicit drugs beginning next year. People 18 and over in the province will be able to possess up to 2.5 grams of opioids, cocaine, meth, and MDMA without criminal penalty or having their drugs seized beginning on January 31. The move is in response to a standing request from the province to grant it an exemption from the country's law criminalizing drug possession. British Columbia has seen more than 9.400 drug overdose deaths since 2016, and both the provincial government and activist groups have lobbied for the move. Activist groups go even further, calling for a "safe supply" of drugs.
UN Says More Than a Billion Meth Tablets Seized in East and Southeast Asia Last Year. Authorities in East and Southeast Asia seized 1.008 billion methamphetamine tablets last year, the UN Office on Drugs and Crime (UNODC) reported Monday. That was the first time more than a billion tablets were seized and is seven times higher than the amount seized a decade ago. That billion tablets translates to 91 tons of meth, but that was only slightly more than all the meth seized in all forms in the region, which totaled 172 tons. "I think the region is literally swimming in methamphetamine," said Jeremy Douglas, Southeast Asia regional representative for the UN agency. "So there's going to have to be a radical policy shift by East Asia to address this problem or it's just going to continue to grow," Douglas said. "Production and trafficking of methamphetamine jumped yet again as supply became super concentrated in the Mekong (River region) and in particular Thailand, Laos and Myanmar," he added. He noted that the increased production is driving down prices, with a tablet now costing five or six times less than it did a decade ago.
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There will be no psychedelic legalization initiative in Michigan this year, Massachusetts agrees to pay millions to thousands of people convicted of drug offenses based on chemical analyses by disgraced state crime lab chemists, and more.
The Insite safe injection site in Vancouver. Could something similar be coming to California? (vch.ca)
Medical MarijuanaNorth Carolina Medical Marijuana Bill Advances to Senate Floor Vote. The Compassionate Use Act, Senate Bill 711, was unanimously approved by the Senate Rules Committee Wednesday, clearing the way for a final Senate floor vote, which could happen as soon as today. If and when the bill passes the Senate, it then goes to the House, and if approved by the House, it would go to the desk of Gov. Roy Cooper (D), who has said he supports medical marijuana. The bill would create a commission to issue 10 medical marijuana supplier licenses, with each supplier able to operate eight retail shops. Patients would be limited to a 30-day supply of medical marijuana.
Psychedelics
Michigan Activists Come Up Short on Psychedelic Legalization Initiative, Now Aim at 2024. Activists with Decriminalize Nature and Students for Sensible Drug Policy who have been engaged in signature-gathering to put a psychedelic legalization initiative on the November ballot announced Wednesday that they have come up short for this year and are now aiming at 2024. They had until June 1 to come up with 340,047 valid voter signatures, but only had two months to do so after getting a later start. The normal signature-gathering period is 180 days. Activists declined to say how many signatures they had gathered, but said signatures already gathered would still be valid for the 2024 push as long as they are handed in during this election cycle.
Criminal Justice
Massachusetts Agrees to Repay Thousands of Defendants Convicted on Evidence Analyzed by Disgraced State Crime Lab Chemists. The state has agreed to repay millions of dollars in fees and fines paid by some 30,000 defendants whose drug convictions were overturned because they relied on testing done by disgraced state crime lab chemists Annie Dookhan and Sonja Farak. Both women served state prison time for falsifying lab results. The settlement is expected to cost the state about $14 million. Each wrongfully convicted defendant will receive hundreds of dollars -- and potentially more. The state has agreed to refund 10 types of fees and fines, including probation supervision fees, victim witness fees, court costs, DNA test fees, drug analysis fees, and driver's license reinstatement fees, among others. The settlement must still be approved by a judge.
Drug Treatment
California Coerced Treatment Bill Fails. A bill that would have authorized a three-county pilot program that imposed coerced drug treatment for people with drug-motivated felony crimes, Assembly Bill 1928, failed to get a House floor vote by last week's legislative deadline and is now dead for the session. Bill proponents argued that it would allow people to get treatment in a secure facility instead of just being warehoused in prison. The bill passed the Assembly Health Committee in March but then stalled.
Harm Reduction
California Safe Injection Site Bill Wins Committee Vote. A bill to set up a pilot program to allow certain localities in the state to open safe injection sites, Senate Bill 57, was approved by the Assembly Public Safety Committee Wednesday and now heads for an Assembly floor vote. The measure has already passed the Senate, but if it passes in the Assembly, it will have to go back to the Senate for a concurrence vote because changes have been made in the Assembly.
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New York lawmakers attempt a crackdown on grey market pot shops, the governor of the US Virgin Islands wants marijuana legalized now, and more.
Medical marijuana is seeing some action in the states this week. (Creative Commons)
Marijuana PolicyNew York Senate Approves Bill to Crack Down on Illicit Marijuana Possession and Sales. The Senate this week approved Senate Bill 9452, which would expand the state Office of Cannabis Management's authority to seize illicit marijuana and the Department of Taxation and Finance's authority to civilly penalize people for selling marijuana illegally. The bill is aimed at "grey market" operators -- retail outlets that are selling weed without being licensed. No licenses for pot shops have been issued yet. The bill would make it a Class A misdemeanor for distributors and retailers to sell weed without a license. Fines for possession of illicit marijuana would double to $400 per ounce of flower and $1,000 for each illicit plant.
US Virgin Islands Governor Renews Call for Marijuana Legalization, Plans Special Session to Get It Done. Gov. Albert Bryan If Jr. (D) has included marijuana tax revenues in the Fiscal Year 2022-2023 budget and has said he is planning a special session of the legislature to get it done. He also took aim at one key lawmaker, Sen. Janelle Sarauw (I), for blocking progress on a legalization bill. "It's just totally ridiculous now how long Senator Sarauw has been holding our bill in the legislature," the governor said. "Call her and tell her, 'Why are you holding up this adult cannabis use legislation?' We need to get it done. So we put it in [the budget]. We're going to be calling the legislature into special session. We're gonna give them plenty time to think about it," he said. "But we have a $40 million funding gap this year that we need to fill with different types of funding resources. We want to get that going."
Medical Marijuana
Louisiana Bill to Protect State Employees Who Use Medical Marijuana Goes to Governor. Both houses of the legislature have now approved House Bill 988, which aims to protect state employees from any negative consequences for using medical marijuana. The bill's author, House Rep. Mandie Laundry explained, "This bill provides employment discrimination protections," bill sponsor
Rep. Mandie Laundry (D-New Orleans) explained. "It basically means that they can't be precluded from employment or fired just for having a medical marijuana prescription." The bill is now on the desk of Gov. John Bel Edwards (D), who has given no indication of whether he will sign it or not.
New York Senate Approves Bill to Mandate Health Insurance Coverage for Medical Marijuana. The Senate on Wednesday approved Senate Bill 8837, which would require public health insurance programs to cover medical marijuana expenses and clarify that private insurers can do the same. The bill would define marijuana as a "prescription drug," "covered drug," or "health care service" under relevant state codes so that Medicaid and workers compensation would be required to provide coverage. The bill now heads to the Assembly.
North Carolina Senate Approves Medical Marijuana Bill. The Senate on Thursday voted 35-10 to legalize medical marijuana by approving Senate Bill 711, the Compassionate Use Act. That vote was a second reading of the bill, with another vote required next week before the bill is sent to the House, but after today's vote, that is considered a formality. The bill would let patients possess up to 1 ½ ounces of medical marijuana, but does not allow for home cultivation.
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Five Texas cities will vote on non-binding marijuana reform measures this fall, the New York legislative session ends without passing a safe injection site bill, and more.
Afghan opium poppies (UNODC)
Marijuana PolicyNew York Bill to Crack Down on Illicit Marijuana Possession and Sales Dies. The Senate last week approved Senate Bill 9452, which would expand the state Office of Cannabis Management's authority to seize illicit marijuana and the Department of Taxation and Finance's authority to civilly penalize people for selling marijuana illegally. But the bill died without action in the Assembly as the legislative session came to an end. The bill aimed at "grey market" operators -- retail outlets that are selling weed without being licensed. No licenses for pot shops have been issued yet. The bill would have made it a Class A misdemeanor for distributors and retailers to sell weed without a license. Fines for possession of illicit marijuana would have doubled to $400 per ounce of flower and $1,000 for each illicit plant.
Five Texas Cities Will Vote on Marijuana Reforms. Ground Game Texas, which is pushing for marijuana reform across the state, announced last Friday that it had gathered enough signatures to qualify a non-binding decriminalization initiative in the Central Texas town of Harker Heights, bringing to five the number of towns in the state that will have a chance to vote on marijuana reform this year. The other cities are Elgin, Killeen, and San Marcos in Central Texas and Denton in North Texas.
Harm Reduction
New York Safe Injection Site Bill Dies as Session Ends. A bill that would have paved the way for safe injection sites in the state, Assembly Bill 224, had died as the legislative session ends. The bill managed to win an Assembly committee vote, but went no further. Other harm reduction bills also died, including one that would require treatment providers to offer clients access to buprenorphine (Senate Bill 6746) and another that would have decriminalized buprenorphine (Assembly Bill 646). On the other hand, a bill that would eliminate copays at methadone clinics for people with private insurance (Senate Bill 5690) passed.
International
Afghan Taliban Launch Campaign to Eradicate Poppy Crop. Two months after issuing an edict banning opium poppy cultivation in the country, the Taliban has announced it has begun a campaign to eradicate poppy production, with the goal of wiping out the country's massive yield of opium and heroin. For all of this century, Afghanistan has been the world's leading opium and heroin producer, accounting for more than 80 percent of global output. People violating the ban "will be arrested and tried according to Sharia laws in relevant courts," said Taliban deputy interior minister for counternarcotics, Mullah Abdul Haq Akhund. But with the country in profound economic crisis after the departure of Western troops and economic aid last summer, the ban threatens one of the country's most vibrant economic sectors and the livelihoods of millions of poor farm and day laborer families. "If we are not allowed to cultivate this crop, we will not earn anything," one farmer told the Associated Press. Nonetheless, "We are committed to bringing poppy cultivation to zero," said Interior Ministry spokesman Abdul Nafi Takor.
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New York City Mayor Eric Adams is pretty chill about weed, Pennsylvania lawmakers are advancing a tax fix for state medical marijuana businesses, and more.
Marijuana PolicyUS Mayors Approve Resolution Calling on Congress to Fix Marijuana Banking Issues and End Pot Prohibition. The US Conference of Mayors on Monday adopted a resolution calling on Congress to pass legislation to protect banks working with state-legal marijuana enterprises. The move comes as Congress ponders whether to include the SAFE Banking Act (HR 1996) in a large-scale manufacturing bill that is currently being thrashed out in conference committee. The mayors also called for marijuana legalization. "Now, therefore, be it resolved, that The United States Conference of Mayors urges Congress to pass the SAFE Banking Act of 2021 to provide financial security for cannabis dispensaries and related companies and enhance public safety," the resolution says. "Be it further resolved, that The United States Conference of Mayors supports federal legislation legalizing the medicinal use of cannabis and the adult use of recreational cannabis, including the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 3617) and the Cannabis Administration and Opportunity Act (CAOA)." The US Conference of Mayors represents the 1,400 US cities with populations of 30,000 or more.
New York City Mayor Takes Chill Stance on Marijuana. Even as the legislature attempted unsuccessfully to crack down on unlicensed marijuana sellers, New York City Mayor Eric Adams (D) was telling a crowd at the Cannabis World Congress and Business Expo in Manhattan to fire up their joints. "Enjoy yourself, light up, but most importantly, spend some money," Adams told the crowd. He also said he would not approach grey market operators with a heavy hand. "'Listen, you can't do this,' give them a warning," the mayor said. Instead of arrests or fines, he said he wants to help non-licensed pot sellers get legitimate. But it wouldn't be total anarchy, Adams said: "If they refuse to adhere to the rules, then you have to come back and take some form of enforcement actions, such as a summons, such as, you know, talking about their ability to sell alcohol." Official legal pot sales are set to begin at year's end.
Medical Marijuana
Pennsylvania Lawmakers Push for Tax Relief for Medical Marijuana Businesses. The House Finance Committee has approved an amendment to a broader tax code reform bill that would allow medical marijuana businesses to deduct business expenses for state tax purposes. Such businesses cannot deduct business expenses on their federal tax returns because the plant remains federally illegal, but the amendment would let the businesses add deductions after the fact to their federal corporate tax filings. The state Senate has already passed a bill to clarify that medical marijuana businesses may use the state's banking system, but the House has yet to act on its version of that bill.
International
Portuguese Left Bloc Demands Marijuana Legalization. The Left Bloc, a member of the country's governing coalition, has renewed calls for marijuana legalization after the effort went nowhere for the past two years amidst government crises. The Bloc only holds a small number of seats in the legislature, but it is expecting the support of the Socialist Party, by far the leading member of the coalition. "One year ago this week the initiative of the Left Block was debated in the parliament: the legalization of cannabis," said Left Bloc member Catarina Martins. "As you know, this process did not come to an end. To defend public health is to end hypocrisy," said Martins. "And we believe that there are now all the conditions to end this hypocrisy in Portugal. We know that there are so many people, on all sides of the parliament, which have already realized that the hypocrisy of prohibition has been a way of putting young people at risk."
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The DC city council approves a bill to bar bosses from firing or not hiring workers because of a positive marijuana test, a Michigan bill to make fake urine for drug tests a crime advances, and more.
Michigan lawmakers worry that legal pot smokers are cheating drug tests with fake urine. (Creative Commons)
Marijuana PolicyDelaware Lawmakers Fail to Override Governor's Veto of Marijuana Legalization Bill. No legal weed for you, Delawareans! At least not this year. After Gov. John Carney (D) vetoed a bill that would legalize marijuana possession but not create a legal marketplace, House Bill 371, the House on Wednesday attempted to override his veto. But the effort came up short, failing on a 20-20 vote after House Majority Leader Valarie Longhurst (D) abstained and five Democrats and two Republicans who had voted for the bill voted against the override attempt. Those votes made the difference: The override only needed 26 votes to pass.
DC Council Approves Bill to Block Employers from Firing Workers Who Fail Marijuana Tests. The DC city council on Tuesday unanimously approved a bill that would bar employers from firing workers who test positive for marijuana, Bill 24-0109, the Cannabis Employment Protection Amendment of 2022. The bill would also ban employers from refusing to hire people with positive marijuana tests. There are some exceptions: employers can still fire marijuana users if the employer is acting under federal guidelines or if the worker partakes on the job. The bill now goes to the desk of Mayor Muriel Bowser (D).
Drug Testing
Michigan Bill to Outlaw Fake Urine Heads for House Floor Vote. A bill that would criminalize the sale or possession of "drug masking products, Senate Bill 134, has already passed the Senate and a House committee and is now headed for a House floor vote. The bill would make it a misdemeanor punishable by up to a year in jail and $1,000 fine to "distribute, deliver, sell, or possess with intent to distribute, deliver, or sell a drug masking product." Selling such products commercially would be a felony punishable by up to five years in prison. The state legalized marijuana in November 2018.
International
The National Assembly on Wednesday blocked a motion to introduce a bill that would make drug testing of all students mandatory. The move came after Minister of Parliamentary Affairs Murtaza Jayed Abbassi told lawmakers the government already had a program to randomly test students in place. One legislator decried the potential financial and psychological implications of mandatory testing on students and families and suggested that if the law were approved to students, it should be applied to parliamentarians as well.
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Nominees to the US Sentencing Commission vowed to the Senate Judicary Committee that they would implement reforms in the First Step Act, Ukraine moves to allow medical marijuana, and more.
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Law EnforcementChicago Mayor Announces Expansion of Narcotics Arrest Diversion Program. Mayor Lori E. Lightfoot, Chicago Police Department (CPD) Superintendent David O. Brown, and Chicago Department of Public Health (CDPH) Commissioner Allison Arwady on Wednesday announced the expansion of eligibility for the Narcotics Arrest Diversion Program. The program is an initiative that diverts individuals who are arrested for the possession of controlled substances into substance use treatment in lieu of felony charges. The new criteria will now expand to individuals who have not been arrested in Chicago for a violent crime within the past ten years and were in possession of two grams or less of any controlled substance. Additional drugs beyond heroin also now qualify for this d.iversion initiative. These drugs include fentanyl, morphine, ketamine, and methamphetamine, among other controlled substances as identified by Illinois law. The original program criteria for participants were limited to those arrested in possession of one gram or less of only heroin or cocaine and who had no prior violent arrest history. The initial evaluation findings of the program showed there was an almost 50% reduction in future arrests among the first 1,000 participants, 25% of whom were connected with treatment for the very first time.
Sentencing Policy
US Sentencing Commission Vows to Implement Criminal Justice Reform Law. Seven Biden administration nominees to the US Sentencing Commission told the Senate Judiciary Committee Wednesday that they will prioritize implementing the 2018 First Step Act, which aims to reduce harsh sentencing for nonviolent offenders and reduce recidivism. The commission lost its quorum in 2019, just a month after President Trump signed the bill into law, preventing it from implementing changes to sentencing guidelines. President Trump nominated new commission members, but the Senate never acted on those nominations, mission, leaving the commission unable to act on the reforms.
International
Ukraine to Legalize Medical Marijuana. The government has advanced a draft medical marijuana bill, with the Cabinet of Ministers approving the draft and sending it to the parliament for approval. Health Minister Viktor Liashko, cited the Russian invasion of the country in announcing the move: "We understand the negative consequences of the war on the mental health camp, "Liashko wrote. "We understand the number of people who will require medical treatment in the last breath. The bill envisions allowing only low THC marijuana for medical use and would strictly regulate the cultivation, production, and sale of medical marijuana products, as well as authorizations and licenses for the cultivation and scientific research.
Thailand's Marijuana Legalization Now in Effect; First Country in Asia to Free the Weed. As of today, people in Thailand are free to grow unlimited amounts of marijuana as the plant is now removed from the country's narcotics list, but smoking weed in public is still an offense. Sales began immediately at Bangkok shops. "We've been waiting for 43 years, since 1979,"said Chaiwat Banjai, one of the owners of Highland Cafe, where sales took place. It was that year that Thailand enacted the Narcotics Act, which outlawed cannabis and its derivatives. "Now, weed is legal. Weed is finally legal. We never thought we'd come so far like this." The government also opened the prison doors to marijuana offenders, releasing more than 3,000 of them, amending sentencing for a thousand more, and dropping charges against people currently charged with marijuana offenses. But the law only legalizes marijuana extracts containing less than 0.2 percent THC, meaning that while people can grow all the plants they want, consuming what they produce will remain technically illegal, as is the case with sales now (but that doe not appear to be stopping them). The parliament is currently considering a bill to regulate the sale and consumption of marijuana.
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