The end is in sight.
After surviving a perilous passage through more than two dozen House and Senate committees, companion marijuana legalization bills, House File100 and Senate File 73 are nearing the finish line. The House bill has passed all 15 committees that examined it and awaits a House floor vote on Monday. The Senate bill has but one committee vote to go before it, too, heads for a floor vote.
(Tony Webster via Wikimedia Commons)
With the Democratic-Farm-Labor (DFL) Party supporting the bills and controlling both the legislature and the governor's mansion, the bills are expected to pass their respective chambers. But they may require a conference committee vote to reconcile any differences before heading to DFL Gov. Tim Walz, who also supports legalizing marijuana.
What a difference an election makes. Two years ago, similar legislation passed the House only to be blocked by the Republican-controlled Senate. But this year, the DFL is in control, and the Republicans will not be able to stop them.
The bills have been sliced and diced during the committee process. So, now that Minnesota is on the verge of becoming the next state to legalize marijuana (although Delaware could beat it with legalization bills already on the governor's desk), what is legalization going to look like there? Here are the key provisions in the latest versions of the bills:
- The bill originally allowed adults to possess up to 5 pounds of marijuana at home, but the House bill now sets that limit at 1 ½ pounds and the Senate versions sets it at 2 pounds, so this will be hashed out in conference committee.
- Home cultivation of up to 8 plants is allowed.
- People 21 and over can purchase up to 2 ounces of buds, 8 grams of concentrate, and 800 milligrams of edibles at one time. They can also possess these amounts in public.
- Gifting up of up 2 ounces without remuneration is allowed.
- On-site consumption at special events will be allowed.
- Marijuana deliveries will be allowed.
- A state agency, the Office of Cannabis Management, will oversee licensing of recreational and medical marijuana enterprises. The House bill allocates $73 million for administrative and educational costs through 2026, when revenues from legalization are expected to sustain such costs.
- Cities and counties can reasonably regulate but not prohibit marijuana businesses.
- Cities or counties can operate their own retail marijuana shops.
- Expungements for past misdemeanor marijuana offenses will be automatic, while past pot felonies will be examined on a case by case basis.
- The House bill sets an 8 percent gross receipts tax on marijuana products for the next four years, while the Senate bill has been amended to set that rate at 10 percent, so this will be hashed out in conference committee.
- Social equity applicants will get preferential scoring on applications, with social equity applicants defined as veterans with marijuana convictions and residents of low-income neighborhoods.
- Commercial marijuana growers will pay a $10,000 application fee, a $20,000 initial license fee and $30,000 to renew their licenses. Retailers would pay $2,500 in application fees and $5,000 for renewals, while "microbusinesses" will pay no initial license fee, a $500 application fee, and $2,000 for annual renewal.
- There is a special category of low-potency hemp retailer and processor licenses to preserve the state's existing CBD edibles and drinks market.
- Vertical integration allowing medium-sized businesses to operate grows, processing facilities, and retail shops will be allowed under a "mezzobusiness" license. Hemp companies and marijuana "microbusinesses" will also be allowed to vertically integrate.
If and when Minnesota legalizes marijuana, it will blow a gaping hole in regional pot prohibition. All of the states it borders -- North Dakota, South Dakota, Iowa, and Wisconsin -- are prohibition states. In the Upper Midwest, Minnesota will lead by example.
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A federal bill to let vets use medical marijuana is back, a package of medical marijuana bills is moving in the Oklahoma House, and more.
NationalBipartisan Bill to Legalize Medical Marijuana for Military Veterans Refiled. Rep. Barbara Lee (D-CA) and a bipartisan group of 12 cosponsors refiled the Veterans Medical Marijuana Safe Harbor Act Wednesday. The bill would legalize medical marijuana for military veterans. The bill would amend federal law to allow vets to legally possess and use medical marijuana in accordance with state laws and with a doctor's recommendation. It would also allow doctors at the Department of Veterans Affairs to recommend medical marijuana. Earlier versions of the bill were filed in the last three Congresses.
Oklahoma
Oklahoma House Committee Approves Package of Medical Marijuana Bills. The House Alcohol, Tobacco and Controlled Substances Committee last Wednesday approved eight different medical marijuana bills, including one that would limit the THC content of edibles. Senate Bill 440 would limit Delta-9 THC content to 1,000 milligrams per package. Among other bills, Senate Bill 437 would force the Oklahoma Medical Marijuana Authority to rebid its contract for seed-to-sale technology. Senate Bill 645 would require packaging of all products, including flower. Senate Bill 801 would allow authorities to monitor water and power usage of grow facilities. Senate Bill 913 would require grow operators to post a $50,000 bond unless they've owned the property for at least five years.
Texas
Texas House Passes Bill to Expand Medical Marijuana Program. The House last Wednesday approved a bill that would add people with chronic pain to the state's list of people eligible to use medical marijuana, House Bill 1805. Texans who suffer from post-traumatic stress disorder (PTSD), autism, ALS, cancer and epilepsy already qualify under the program.
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Houston's DA tells the cops not to jail people for less than four grams of drugs, Washington's House votes to keep drug possession a misdemeanor, and more.
New Mexico Gov. Michelle Grisham Lujan (D) has vetoed two sentencing reform bills. (nm.gov)
Illinois Senate Approves Bill to Ban Car Searches Over Marijuana Odor. The Senate has approved Senate Bill 125, which bars police from conducting car searches based on the smell of marijuana emanating from a vehicle. Now, state residents will no longer have to store their weed in an odor-proof container as they travel the state's roads and highways. "People -- especially people of color -- are unnecessarily pulled over far too often," said bill sponsor Sen. Rachel Ventura (D). "The odor of cannabis alone shouldn't be one of those reasons. Cannabis is legal in Illinois and it's a pungent scent that can stick to clothes for extended periods of time."
Medical Marijuana
Oklahoma House Committee Approves Package of Medical Marijuana Bills. The House Alcohol, Tobacco and Controlled Substances Committee on Wednesday approved eight different medical marijuana bills, including one that would limit the THC content of edibles. Senate Bill 440 would limit Delta-9 THC content to 1,000 milligrams per package. Among other bills, Senate Bill 437 would force the Oklahoma Medical Marijuana Authority to rebid its contract for seed-to-sale technology. Senate Bill 645 would require packaging of all products, including flower. Senate Bill 801 would allow authorities to monitor water and power usage of grow facilities. Senate Bill 913 would require grow operators to post a $50,000 bond unless they've owned the property for at least five years.
Texas House Passes Bill to Expand Medical Marijuana Program. The House on Wednesday approved a bill that would add people with chronic pain to the state's list of people eligible to use medical marijuana, House Bill 1805. Texans who suffer from post-traumatic stress disorder (PTSD), autism, ALS, cancer and epilepsy already qualify under the program.
Drug Policy
Drug Policy Alliance Reacts to Biden Administration Designating Fentanyl Combined with Xylazine as an Emerging Threat. In response to the White House today designating fentanyl combined with xylazine as an emerging threat, Maritza Perez Medina, Director of the Office of Federal Affairs at the Drug Policy Alliance, released the following statement:
"We, too, are concerned about xylazine and agree that more public health tools are urgently needed. This should include public education, evidence-based treatment and harm reduction, xylazine test strips and other life-saving overdose prevention services, such as overdose prevention centers. And because xylazine is most often combined with opioids, we should continue to double down on increasing access to naloxone and medications to treat opioid use disorder, like methadone and buprenorphine. We should also fund further research into xylazine, its potential harms and benefits, and possible antagonists that could reverse xylazine-involved overdoses, similar to the way naloxone can reverse opioid-involved overdoses.
"Yet, in order for these to be fully effective, the Biden Administration must learn from the mistakes of the past and not push more supply-side interdiction policies. They are incredibly counterproductive and lead to a more unknown and potentially more potent drug supply. Crackdowns on prescription opioids and heroin created the conditions for fentanyl analogues to flourish and overtake the drug supply. And now history is once again repeating itself, with newer, potentially more harmful substances -- like xylazine -- popping up and already overtaking some markets. Make no mistake, focusing on supply-side interdiction will only dig us deeper into this crisis and inevitably result in more loss of life."
New Mexico Governor Vetoes Two Sentencing Reform Bills. In a nod to law enforcement, Gov. Michelle Lujan Grisham (D) has vetoed two sentencing reform bills saying prosecutors needed tools to "encourage" defendants to get drug treatment. Senate Bill 187 would have no longer allowed courts to count a drug possession charge or a DWI charge from another jurisdiction when considering sentencing someone as a "habitual offender." Senate Bill 84 would have revised the state's probation and parole system and tied punishments to the severity of the violation -- rather than the crime that originally sent them to prison.
Washington House Votes to Keep Drug Possession a Misdemeanor. The House voted early Wednesday morning to keep drug possession a misdemeanor, which it had been temporarily since the state Supreme Court threw out the state's felony drug possession law in 2021. Senate Bill 5536 will allow police to arrest drug possessors on a first offense, but also give them full discretion to divert offenders. The maximum sentence for a gross misdemeanor is one year in jail. The bill also allows drug charges to be wiped from someone's record if he commits no new offenses in a year, even if they have not completed drug treatment. Efforts to decriminalize or re-felonize drug possession both came up short.
Law Enforcement
Houston DA Tells Police Not to Jail Small-Time Drug Offenders. Harris County (Houston) District Attorney Kim Ogg (D) has sent a memo asking local law enforcement to not take people into custody for possessing less than four grams of drugs. Citing a backlog of criminal cases in the county, Ogg said the move will shorten the time between case filing and the final disposition of the case. "This means people will not languish in jail as long, cases will not crowd up dockets as long, and we will continue to prioritize the serious violent crimes over those cases,"said Ogg. "If there's a public safety threat, there's an exception to the policy."
Psychedelics
Washington House Passes Bill Setting Framework for Psilocybin Use. The House on Tuesday approved Senate Bill 5263, which would allow the state to establish an advisory board and task force to provide advice and recommendations on developing a regulatory framework for access to psilocybin. If ever legalized, only Washington residents who are 21 and older would be able to access the drug. The Senate has already approved the bill, but because the House amended it to add a pilot program psilocybin to serve veterans and first responders with post-traumatic stress disorder, depression and substance use disorder, it must now go back to the Senate for a concurrence vote.
International
Germany Waters Down Marijuana Legalization Plan After Talks with European Union. After discussions with the European Union, the German government says it now plans to legalize the possession and private cultivation and distribution of marijuana but not widespread sales in pot shops. The legislation does include a pilot project for a small number of licensed pot shops to evaluate the effect of a commercial marijuana supply chain on public health, the black market, and the protection of minors. Under the plan, possession of up to 25 grams would be legal. The government gave no time line for moving the legislation.
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A bipartisan bill aims to lay the groundwork for federal marijuana legalization, Oregon naloxone access bills are moving, and more.
Oregon lawmakers are moving a pair of bills aimed at broadening access to naloxone, the opioid overdose reversal drug. (CC)
Bipartisan Bill to Prepare for Federal Marijuana Legalization Filed. House Minority Leader Hakeem Jeffries (D-NY) and Rep. Dave Joyce (R-OH) filed a bill to lay the groundwork for federal marijuana legalization Thursday. The Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment Act (PREPARE) Act would not legalize marijuana but would direct the attorney general to create a commission charged with making recommendations on a regulatory system for cannabis that models what's currently in place for alcohol. While passage of marijuana legalization appears unlikely in this Congress, but some members think this more incremental measure may be able to pass.
Psychedelics
Arizona Psychedelic Research Bill Stalled in Committee. A bill that would lead the way to the first state-sponsored controlled clinical trials of psilocybin mushrooms, House Bill 2486, is currently stalled in the House Appropriations Committee. The bill's fate depends on ongoing budget negotiations for the next fiscal year. The bill would award up to $30 million in competitive research grants through 2026 for Phase I, II, and III clinical trials using whole mushrooms. The Food and Drug Administration approved synthetic psilocybin as a breakthrough therapy in 2019 but has yet to approve any treatments with whole mushroom psilocybin.
Foreign Policy
US, Mexico Issue Joint Statement on Bicentennial Framework for Security, Public Health, and Safe Communities. With fentanyl and arms trafficking across the border on their minds, delegations of US and Mexican officials met and issued a joint statement Thursday on "new collaborative efforts to counter fentanyl trafficking and consumption and combat arms trafficking across North America." Both countries "committed to continue joint work to dismantle the fentanyl supply chain and the Sinaloa Cartel and the Jalisco New Generation Cartel on both sides of the border," the statement said, while Mexico highlighted "an April 12 presidential decree that permits the creation of a presidential commission to fight the trafficking of illicit synthetic drugs, firearms, and ammunition." Officials from both countries "committed to increase cooperation to combat illegal firearms trafficking," with the US vowing "to target southbound firearms flows and working with Mexican counterparts to increase firearms tracing to identify and choke off the source of firearms flows into Mexico."
Harm Reduction
Oregon Senate Approves Bill to Fight Opioid Overdoses. The Senate on Thursday approved Senate Bill 1043, which would provide patients with a history of using opioids increased access to overdose reversal medications such as naloxone. Backed by Gov. Tina Kotek (D), the bill would mandate that hospitals and other care providers provide two doses of the medication when patients check out if those patients have a history of opioid use or a prescription to an opioid. The bill passed the Senate unanimously. It now goes to the House. A separate proposal, House Bill 2395, would make naloxone kits more widely available in different settings, including public buildings, schools and for first responders. It has already passed the House and is now before the Senate.
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Canada's Supreme Court upholds a Quebec ban on home marijuana cultivation, the Illinois Senate approves bills deepening marijuana legalization, and more.
Arkansas Gov. Sarah Huckabee Sanders (R) signs a bill creating lengthy mandatory minimums around fentanyl. (ar.gov)
Candidate Trump Suggests "Genetically Engineered" Marijuana May Be Linked to Mass Shootings. During a campaign speech before America's most powerful gun lobby, the National Rifle Association (NRA), former President Donald Trump suggested that "genetically engineered" marijuana could be behind some mass shootings. But marijuana is just one of the blame agents Trump pointed to instead of addressing the proliferation of weapons in the country. "We have to look at whether common psychiatric drugs, as well as genetically engineered cannabis and other narcotics, are causing psychotic breaks" that lead to gun violence, he said. He would direct the Food and Drug Administration (FDA) to investigate, he added. He also pointed a finger at "transgender hormone treatments and ideology," Above all, he argued, don't blame the guns: "This is not a gun problem. This is a mental health problem," he said. "This is a social problem. This is a cultural problem. This is a spiritual problem."
Illinois Senate Approves Marijuana Search, Probation Bills. The Senate has passed a pair of bills aimed at deepening marijuana legalization in the state. Senate Bill 125 would bar police from searching a vehicle based solely on the odor of marijuana, while Senate Bill 1886 would allow some people on probation to consume marijuana and alcohol. Both bills now await action in the House.
South Dakota Poll Suggests Marijuana Legalization Could Win in 2024. A South Dakota State University poll released Monday had support for marijuana legalization at 49 percent, with 41 percent opposed. State voters approved a marijuana legalization initiative in the 2020 election by a margin of 54-45 only to have the measure overturned by the state Supreme Court. Legalization was on the ballot again last year, only to be defeated 53-47. The pollsters noted that 2022 turnout was much lower than 2020 and that a higher turnout in 2024 could lead to another marijuana legalization victory.
Psychedelics
Nevada Senate Committee Approves Bill to Create Psychedelic Working Group. The Senate has approved Senate Bill 242, which would create a working group to study psychedelics and create a plan to allow for access for therapeutic purposes. The bill originally would have legalized psilocybin and promoted research on it, as well as MDMA, but was significantly narrowed in the Senate Health and Human Services Committee. Now, instead of legalization, the bill would create a Psychedelic Medicines Working Group to examine the use of the substances "in medicinal, therapeutic, and improved wellness." The bill now awaits a Senate floor vote.
Sentencing Policy
Arkansas Governor Signs Bill Allowing for Drug Sellers to Be Charged with Murder in Cases of Overdose Death. Gov. Sarah Huckabee Sanders (R) has signed into law House Bill 1456, popularly known as the "Death by Delivery" bill. Under the bill, people who sell a drug that leads to an overdose death face a mandatory minimum sentence of 25 years and a maximum sentence of life in prison. The same sentence applies to those who package fentanyl in a way that "entices" minors or who sell to minors, regardless of whether a fatal overdose takes place.
Harm Reduction
Vermont Senate Committee Amends Overdose Prevention Bill to Include Drug-Checking Sites. The Senate Health Committee has amended an overdose prevention bill, House Bill 222, to include a statewide network of drug-checking sites where street drugs can be tested for deadly concentrations of illicit drugs. Approved by the committee last Friday, the amendment would grant immunity from arrest and prosecution for people running the sites and collecting samples, as well as the drug users who bring their stashes to be tested. If the bill now passes the Senate, it will have to go back to the House for a concurrence vote on the new language.
International
Canada Supreme Court Rules Quebec Ban on Home Marijuana Cultivation Can Stand. Under federal marijuana law, people can grow up to four plants at home, but the province of Quebec barred home grows in 2019. Now, after a Quebecer challenged the ban, the Canadian Supreme Court has ruled that the provincial ban is constitutional. "The Quebec legislature saw the possession and personal cultivation of cannabis not as a social evil to be suppressed, but rather as a practice that should be prohibited in order to steer consumers to a controlled source of supply," the court held. That controlled source of supply is held by the state -- in this case, the Société québécoise du cannabis (SQDC), the government agency that operates cannabis stores in the province.
The court also held that even though the federal law permits growing up to four plants at home, there is no "positive right to self-cultivation," writing that: "It is true that, in everyday language and even in the speeches of some parliamentarians, the creation of exceptions or exemptions under a scheme of criminal offences is often described as a 'legalization effort,'" the ruling reads. However, this way of speaking is incorrect and falsely suggests that positive rights authorizing particular conduct have been granted to the public."
Taiwan Reaffirms Strong Opposition to Marijuana Legalization. Responding to street demonstrations calling for marijuana decriminalization, the Taiwanese Ministry of Justice on Saturday reaffirmed the government's strong opposition to marijuana legalization. The reformers, organized as Wave Green, rallied in front of the presidential office in Taipei Saturday, urging the Justice Ministry to "stop the war against cannabis." But the ministry said prohibition would remain and is aimed at keeping people healthy and keeping society safe and stable. It asserted that long term marijuana use damages people's health and causes other harm to them. Under current law, marijuana use is punishable by up to three years in prison, while growers and sellers face up to life in prison and a $491,000 fine.
(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)
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A Washington therapeutic psilocybin bill goes to the governor's desk, the Minnesota marijuana legalization bill is finally heading for House and Senate floor votes, and more.
Legal marijuana is probably coming to Minnesota this year, but not Florida. (Creative Commons)
Florida Marijuana Legalization Bill Never Got a Shot. The legislative session has ended, and once again, marijuana legalization went absolutely nowhere. A legalization bill from Sen. Victor Torres (D), Senate Bill 1576, didn't even get a hearing, let alone a committee vote, and no legalization bill was filed in the House. Legislative inaction, however, clears the field for a legalization initiative next year, and signature-gathering for one is already well underway.
Minnesota Marijuana Legalization Bill Heads for House Floor Vote. The House version of the marijuana legalization bill, House File100, is headed for a House floor vote after winning approval in the House Ways and Means Committee on Monday. That was the 15th House panel to approve the bill on its marathon journey through the legislature. Meanwhile, the Senate version of the bill, Senate File 73, passed the Senate Taxes Committee Monday evening, leaving only one more committee vote before it, too, heads for a floor vote.
Psychedelics
Washington Therapeutic Psilocybin Bill Heads to Governor's Desk. With a final Senate concurrence vote last Friday, a bill to create a pilot program for therapeutic access to psilocybin for the treatment of mental health conditions, Senate Bill 5623, has been approved by the legislature and now awaits action by Gov. Jay Inslee (D). The bill originally did not contain the pilot program provision and would have only promoted research into psilocybin, but the House added that provision after the bill passed the Senate, necessitating that final Senate concurrence vote. In addition to the pilot program, the measure would create a Psilocybin Advisory Board, an Interagency Psilocybin Work Group and a Psilocybin Task Force.
Foreign Policy
China Condemns US Sanctions on Chinese Companies for Allegedly Supplying Fentanyl Precursor Chemicals. Chinese Foreign Ministry spokesperson Wang Wenbin on Monday strongly condemned the latest US sanctions on Chinese companies it accuses of supplying precursor chemicals for the production of illicit fentanyl. Last Friday, the US Treasury Department announced it had imposed sanctions on two Chinese companies for allegedly supplying fentanyl precursors to Mexican drug trafficking organizations. Wang said the "precursors" are just ordinary chemicals and it is the responsibility of importing countries to prevent their flow into illicit drug production.
"Instead of taking up the responsibility, Washington distorts the truth and tries to interfere in the normal chemical trade between China and other countries, which fully exposes its hegemony and brutality, as well as its contempt and trampling on the spirit of international rule of law," Wang charged. Wang also warned that US prosecution and sanction against Chinese companies "will create further obstacles to the bilateral cooperation in drug control."
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A federal veterans' medical marijuana bill gets refiled, an Oklahoma fentanyl test strip bill advances, and more.
Medical MarijuanaBipartisan Bill to Legalize Medical Marijuana for Military Veterans Refiled. Rep. Barbara Lee (D-CA) and 12 bipartisan cosponsors refiled the Veterans Medical Marijuana Safe Harbor Act Wednesday. The bill would legalize medical marijuana for military veterans. The bill would amend federal law to allow vets to legally possess and use medical marijuana in accordance with state laws and with a doctor's recommendation. It would also allow doctors at the Department of Veterans Affairs to recommend medical marijuana. Earlier versions of the bill were filed in the last three Congresses.
Harm Reduction
Oklahoma Bill to Legalize Fentanyl Test Strips Heads for Senate Floor Vote. A bill to legalize fentanyl testing strips by declaring that they are no longer considered drug paraphernalia, House Bill 1987, has passed the Senate Health and Human Services Committee on a unanimous vote and is now headed for a Senate floor vote. The bill has already been approved by the House by a vote of 58-22.
Law Enforcement
DEA Head Investigated for No-Bid Contracts to Past Associates. In the latest scandal to rock the DEA, the Justice Department's Office of the Inspector General is investigating whether DEA Administrator Anne Milgram improperly awarded no-bid contracts worth millions of dollars to past associates. Under scrutiny is $4.7 million the agency spent for "strategic planning and communication," much of which went to people Milgram knew in her capacity as New Jersey's attorney general and as a New York University law professor and who were paid at far higher rates than government officials.
Also under scrutiny is a $1.4 million contract given to a Washington, DC, law firm to review the DEA's scandal-plagued foreign operations. That review was widely panned for downplaying agent misbehavior. It was written by Boyd Johnson, a former assistant to former New York City US Attorney Preet Bharara, one of Milgram's closest friends.
Federal contracting is not supposed to bypass the government hiring process and is supposed to take place without preferential treatment for anyone. If the Inspector General finds wrongdoing, it could lead to administrative or even criminal charges.
Sentencing Policy
Push for California Ballot Initiative to Increase Penalties for Fentanyl Dealers Gets Underway. An Orange County group calling itself Fentanyl Solution has $2.2 million in initial funding and plan to draft a ballot initiative that would increase sentences for people convicted of fentanyl distribution. The groups says it will begin with a public opinion poll on the issue to help figure out the best way to draft the proposed initiative.
"We want to let the legislators, who voted against every form of penalty for these drug dealers, know that we are holding them accountable," said Janice M. Celeste, President & CEO of Fentanyl Solution.org. "We believe that drug dealers who sell fentanyl and murder their customers must pay the price for their actions. The Poll-to-Prop initiative is a crucial step in our efforts to raise awareness about the need for stricter penalties for these criminals."
It's a long way from here to an initiative qualifying for the 2024 ballot. Once an initiative is approved by state officials, backers will have 180 days to come up with more than half a million valid voter signatures, but that must happen by July 2024 to get on the November 2024 ballot.
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Dozens of advocacy groups urge the White House to end federal pot prohibition, Brazil's new president reinstalls civil society representatives on the national drug policy council, and more.
The people from Project Weber/RENEW who will staff Rhode Island's first safe injection site. (PWR)
Over 80 Groups Urge Biden Administration to End Federal Marijuana Prohibition and Support Comprehensive Reform. In an open letter to President Biden, as well as the heads of the Justice Department, the DEA, and the Food and Drug Administration, more than 80 drug policy, social justice, civil liberties, and civil rights organizations called on the administration to legalize marijuana and enact comprehensive marijuana law reforms. "We urge you and your administration to take the steps necessary to deschedule marijuana in conjunction with other administration actions that center Black, Indigenous, and people of color (BIPOC) communities," they wrote. "Additionally, we implore your administration to support comprehensive marijuana reform legislation in Congress, such as the Cannabis Administration and Opportunity Act (CAOA), a bill that deschedules marijuana, repairs the past harms of prohibition, and provides a regulatory framework for marijuana markets."
Bipartisan Bill to Encourage State-Level Marijuana Expungements Refiled. A Republican and a Democrat, Reps. Dave Joyce (R-OH) and Alexandria Ocasio-Cortez (D-NY), on Tuesday reintroduced a bill that would provide incentives to states to expunge marijuana arrest records in their jurisdictions. The Harnessing Opportunities by Pursuing Expungement (HOPE) Act would provide federal grants to states engaged in expungement programs. The State Expungement Opportunity Grant Program would be managed by the Justice Department. "The vast majority of petty, non-violent cannabis law violations take place on the state and local level, precluding millions of Americans from fundamental opportunities such as housing and employment," Joyce said in a press release. "As both a former public defender and prosecutor, I understand firsthand how these barriers can negatively impact families and economic growth in Ohio and across the nation."
North Carolina Marijuana Legalization Bill Filed. Rep. Kelly Alexander (D) and a handful of cosponsors have filed a marijuana legalization bill, House Bill 626. The bill would legalize the possession of up two ounces by people 21 and over, allow for the home cultivation of up to six plants, and create a system of taxed and regulated marijuana commerce, including social equity provisions. The state has yet to pass even a medical marijuana bill, although this year one has been approved by the Senate. It has not moved in the House since it was sent there six weeks ago.
Harm Reduction
Rhode Island Safe Injection Site Coming Next Year. A harm reduction group, Project Weber/RENEW, in partnership with CODAC Behavioral Healthcare, announced Wednesday that it will open the country's first state-regulated overdose prevention center in early 2024. The center was authorized by legislation passed recently by the state legislature, sponsored by State Senator Josh Miller and State Representative Jay Edwards. The law will sunset in March 2026, after the amount of time needed to open and operate the facility and to do an evaluation.
According to a news release from the project, the overdose epidemic claimed 435 lives in Rhode Island in 2021. The center, to be located in Providence, will provide services including the ability to use pre-obtained drugs under the supervision of trained staff. Funding for the center's first year of operations comes from opioid settlement funds distributed to Rhode Island, totaling $2.6 million. Project Weber/RENEW and clinical partners CODAC were selected for the project by the state's Executive Office of Health and Human Services.
International
Brazil Civil Society Groups Reinstated to National Council on Drug Policy. For years, civil society groups had been able to have an impact on national drug policy by participating in the National Council on Drug Policy (CONAD), but rightist former President Jair Bolsonaro issued a decree barring those groups from participating in CONAD. Now, the new (or rather, returned) leftist President Luiz Inacio Lula da Silva -- Lula -- has reinstated them. Under a presidential decree issued last week, CONAD will be composed of 10 elected and five appointed seats for civil society, as well as members of the government. The move is welcome news from Lula, who had done little in the field of drug policy since taking office in January.
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There will be no marijuana law reform in Alabama this year, senior senators introduce a package of criminal justice reform bills, and more.
Colombian President Gustavo Petro was at the White House Thursday to discuss drug policy, among other topics. (Creative Commons)
Alabama Legislative Leaders Dismiss Any Action on Marijuana Legalization. Even as the Alabama Cannabis Coalition demonstrated outside the capitol on Thursday to call for marijuana law reform, Republican House and Senate leaders made clear that reform bills filed this year are going nowhere. "I have zero interest in that legislation coming up," Sen. President Pro Tem Greg Reed said, adding "I don't see any appetite for the legislature being able to modify or change expanding anything associated with marijuana in this session." House Speaker Nathaniel Ledbetter also said those bills won't come up in the House. Indeed, they have not even been scheduled for committee.
Minnesota Marijuana Legalization Bill Gets House Floor Vote Monday. After a final committee vote in the House Ways and Means Committee this week, the House version of the state's marijuana legalization bill, House File 100, is set for a House floor vote Monday. The Senate version of the bill is also nearing the finish line, with just one more committee vote remaining before it, too, heads for a floor vote. The bills are expected to pass in both chambers and then be signed into law by Gov. Tim Walz, who also supports legalization.
Criminal Justice
Durbin, Grassley Reintroduce Criminal Justice Reform Bills. Senate Majority Whip Dick Durbin (D-IL), chairman of the Senate Judiciary Committee, and Senator Chuck Grassley (R-IA), the lead sponsors of the landmark First Step Act (FSA), reintroduced three pieces of criminal justice reform legislation today to further implement the FSA and advance its goals. The First Step Act, which was signed into law in 2018, is bipartisan criminal justice reform legislation designed to make our justice system fairer and our communities safer by reforming sentencing laws and providing opportunities for those who are incarcerated to prepare to reenter society successfully. On Thursday, Durbin and Grassley reintroduced the First Step Implementation Act, the Safer Detention Act, and the Terry Technical Correction Act.
The first bill allows courts to apply the FSA sentencing reform provisions to reduce sentences imposed prior to the enactment of the FSA and broadens the safety valve provision to allow courts to sentence below a mandatory minimum for nonviolent controlled substance offenses, if the court finds the defendant's criminal history over-represents the seriousness of the defendant's criminal record and the likelihood of recidivism. The second bill would reform the Elderly Home Detention Pilot Program and compassionate release by clarifying that good conduct credits should be included in the calculation of time served and expanding eligibility to include nonviolent offenders who have served at least 50 percent of their terms of imprisonment. The third bill clarifies that all offenders who were sentenced for a crack cocaine offense before the Fair Sentencing Act of 2010 can apply for its retroactive application under Section 404 of the First Step Act, including individuals convicted of the lowest level crack offenses.
Foreign Policy
US and Colombian Presidents Issue Statement After White House Meeting. President Joseph R. Biden, Jr. of the United States and President Gustavo Petro Urrego of the Republic of Colombia met Thursday to advance bilateral cooperation on issues of mutual interest, including climate change, clean energy transition, migration, drug trafficking, and peace. President Biden reiterated his support for President Petro's peace efforts, and for rural and agricultural development in Colombia, as essential to effectively advance the implementation of the 2016 Peace Agreement in its international accompaniment of the accord's Ethnic Chapter.
On drugs, Biden and Petro committed to a holistic approach to address the harmful impacts of drug use and drug trafficking on both our peoples' health, safety, the environment, the economy, rule of law, and the strength and transparency of democratic institutions. They vowed to redouble efforts in terms of demand reduction through science-based prevention, harm reduction, treatment, and recovery support. They did not address Petro's oft-stated critique of US prohibitionist drug policy.
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