Tag: marijuana decriminalization

Delaware Lawmakers Approve Bill To Decriminalize Public Marijuana Use And Remove Threat Of Jail Time

Delaware lawmakers have approved a bill to decriminalize public consumption of marijuana.

Under current law, Delaware is the only cannabis legalization state in the U.S. that imposes the threat of jail time for the public consumption, but the House Health & Human Development Committee voted 9-5 on Wednesday to advance legislation to change that.

While certain legal marijuana states like Colorado and Ohio still impose criminal penalties for public cannabis use, Delaware stands out as especially punitive, with a maximum penalty that carries the risk of jail time in addition to a fine.

Under HB 252, sponsored by Rep. Eric Morrison (D), the penalty would be reduced to a civil infraction, punishable by a $50 fine for a first offense and $100 fine for a second or subsequent offense.

Morrison told colleagues at Wednesday’s hearing that “it makes sense that if we’ve seen fit to decriminalize cannabis, that we decriminalize public consumption of it.”

“This legislation puts us in line with what the large majority of other states with decriminalized or legalized cannabis have done when it comes to public consumption,” he said.

“This change does not say it’s okay to consume cannabis in public. It simply updates the current penalty for public consumption to be commensurate with the offense,” Morrison said.

“There are bad things associated with a criminal record. Those things can include difficulty in finding work and difficulty in finding housing. There are also bad things, of course, associated with prison time. You’re taking away family members from their families. You’re taking them away from their jobs, possibly taking away income they need to meet the monthly bills, or maybe even causing them to lose their job.”

The Marijuana Policy Project (MPP) said in an action alert on Tuesday that the state’s current penalty is “out of step with Delaware’s treatment of secondhand tobacco smoke.”

Keep reading

Attorney General Misses Deadline For Rules To Make It Easier To Study Schedule I Drugs Like Marijuana And Psychedelics

Attorney General Pam Bondi has missed a congressionally mandated deadline to issue guidelines for easing barriers to research on Schedule I substances such as marijuana and psychedelics.

Under legislation passed by lawmakers and signed into law by President Donald Trump last year, Bondi was supposed to publish interim rules setting out new processes for Schedule I research registration by January 16—but that has not occurred.

“This failure to act leaves researchers, institutions and regulators without clear guidance and directly contributes to research harm—the preventable damage caused when restrictive or unclear drug policies obstruct legitimate scientific research,” Kat Murti, executive director of Students for Sensible Drug Policy (SSDP), said in a press release on Tuesday. “Research harm delays medical innovation, limits evidence-based policymaking and slows the development of potential treatments for overdose, pain, addiction and mental health conditions.”

“Congress gave the attorney general a clear deadline and a clear mandate: reduce barriers to research while ensuring transparency and public input,” Murti said. “Missing this deadline is not a neutral administrative failure—it actively perpetuates research harm. When scientists are left navigating vague or contradictory rules, lifesaving research is delayed, innovation stalls and public health suffers.”

While drug policy reform advocates have sounded the alarm about the main thrust of the bill, which is to permanently place analogues of the opioid fentanyl into Schedule I of the Controlled Substances Act (CSA), there are components that could help facilitate studies into drugs, including cannabis, psilocybin, MDMA and others.

The Congressional Research Service (CRS) broke down the various provisions of the law—the Halt All Lethal Trafficking of Fentanyl Act (HALT Fentanyl Act)—in a report last year, including its potential impact on studies into currently controlled substances.

“Section 3 of the HALT Fentanyl Act contains multiple provisions designed to streamline research with Schedule I controlled substances,” CRS said. “The section applies generally to Schedule I substances, including but not limited to [fentanyl-related substances, or FRS.]”

It would do so by amending statute in a way that creates a “simplified registration process for researchers whose research” is funded by the U.S. Department of Health and Human Services (HHS) or the U.S. Department of Veterans Affairs (VA), for example.

The revised registration process would also apply to entities studying Schedule I drugs under an Investigational New Drug (IND) exemption from the Food and Drug Administration (FDA).

“Under the new process, the researcher may submit a notice to [the Drug Enforcement Administration] containing the controlled substance to be used in the research, the quantity of the substance to be used, demonstration that one of the above criteria is met (e.g., the grant or project number and identification of the funding agency or the IND application number), and demonstration that the researcher is allowed to do the research under the law of the state where the research will be conducted,” the CRS report said.

“Researchers currently registered to conduct research with Schedule I or II controlled substances may begin their new research within 30 days of the notice to DEA,” it says. “For a researcher without a current registration, DEA must act within 45 days of receiving all required information either to register the applicant or issue an order for the applicant to show cause why registration should not be denied.”

Another change under the new law makes it so DEA-registered researchers will not have to obtain a separate registration for a Schedule I drug “if the manufactured quantities are small and are produced for purposes of the research and the researcher notifies DEA of the manufacturing activities and the quantities of the substance in question.”

Keep reading

GOP Senators Move to Block Trump Marijuana Reclassification

Republican Sens. Ted Budd of North Carolina and James Lankford of Oklahoma are moving to block the Trump administration’s effort to reclassify marijuana under federal law, arguing the move would undermine public safety and bypass Congress.

The two senators this week filed an amendment to a House-passed, three-bill funding package that would prevent the Justice Department from reclassifying marijuana from a Schedule I to a Schedule III drug under the Controlled Substances Act.

Marijuana has been listed as a Schedule I substance since the Controlled Substances Act was signed by President Richard Nixon in 1970, more than five decades ago.

Heroin, LSD, and ecstasy also are classified as Schedule I substances.

The Budd-Lankford amendment would bar the use of federal funds to reschedule marijuana, effectively stopping the Justice Department from carrying out the administration’s directive.

The proposal was formally entered into the Congressional Record this week as lawmakers prepare to debate the spending package in the Senate.

The language mirrors provisions that were recently removed from the appropriations bill during negotiations between House and Senate leaders.

While similar restrictions had advanced through the House Appropriations Committee, they were ultimately stripped from the final package, which passed the House Jan. 8 by a 397-28 vote.

Now, Budd and Lankford are seeking to reinsert the prohibition before the legislation clears the Senate.

Keep reading

President Trump Signs Executive Order Reclassifying Marijuana

President Trump on Thursday signed an executive order reclassifying marijuana from a Schedule I to a Schedule III drug.

“Marijuana can be legitimate in terms of medical applications when carefully administered,” President Trump said in the Oval Office.

“Prescription pain killers have legitimate uses, but also can do damage,” Trump said. “I promised to be the president of common sense. That’s exactly what I am doing.”

President Trump emphasized that he is not legalizing marijuana for recreational use.

“I want to emphasize that the order I am about to sign is not the legalization or does it legalize marijuana in any way, shape, or form — and in no way sanctions its use as a recreational drug – it has nothing to do with that,” Trump said.

Keep reading

Congressional Committee Moves To Block Marijuana Rescheduling

A GOP-controlled House committee has unveiled a new spending bill that contains provisions to block the Justice Department from rescheduling marijuana. The legislation would also maintain a separate longstanding rider protecting state medical cannabis programs from federal interference—though with new language authorizing enhanced penalties for sales near schools and parks.

On Monday, the House Appropriations Committee released the text of the spending measure covering Commerce, Justice, Science, and Related Agencies (CJS). For the second time now, the base legislation contains language hostile to marijuana rescheduling efforts that remain ongoing.

Specifically, the bill would block the Justice Department from using its funds to reschedule or deschedule marijuana. Under the Biden administration, DOJ recommended moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA), but that process has been delayed for months amid challenges from witnesses in the administrative hearings.

Here’s the text of the provision: 

“SEC. 607. None of the funds appropriated or other wise made available by this Act may be used to reschedule marijuana (as such term is defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or to remove marijuana from the schedules established under section 202 of the Controlled Substances Act (21 U.S.C. 812).”

The language cleared committee as part of the last CJR spending bill, but it was not ultimately enacted into law. The new measure is scheduled for subcommittee action on Tuesday.

GOP senators have separately tried to block the administration from rescheduling cannabis as part of a standalone bill filed in 2023, but that proposal did not receive a hearing or vote.

Meanwhile, the Drug Enforcement Administration (DEA) recently notified an agency judge that the marijuana rescheduling process remains stalled under the Trump administration.

It’s been over six months since DEA Administrative Law Judge (ALJ) John Mulrooney temporarily paused hearings on a proposal to move cannabis to Schedule III. And in a joint report to the judge submitted earlier this month, DEA attorneys and rescheduling proponents said they’re still at an impasse.

To the relief of advocates, the latest CJS bill does continue to preserve a longstanding rider to prevent DOJ from using its funds to interfere in the implementation of state medical marijuana programs that has been part of federal law since 2014.

However, it stipulates that the Justice Department can still enforce a section of U.S. code that calls for increased penalties for distributing cannabis within 1,000 feet of an elementary school, vocational school, college, playground or public housing unit. That language was first included in the last version of the appropriations legislation.

Keep reading

GONE TO POT: Thailand Reverses Cannabis Decriminalization, Imposes Need for Doctor’s Prescription for Purchase

Thailand was the first country in Asia to decriminalize cannabis, but the experiment appears to have gone awry, as the Thai government this last week moved to backtrack the policies, and impose new rules designed to rein in the weed ‘scene’.

As of last Thursday (26), customers now need a doctor’s prescription to buy pot — limiting consumption of the plant to medical purposes only.

CNN reported:

“Thailand’s public health minister told CNN on Wednesday he hopes to eventually recriminalize cannabis as a narcotic, in what would be a major reversal from Thailand’s liberal approach since declassification, which saw a boom of dispensaries and weed cafes opening across the country, particularly in tourist areas.

‘This must be clearly understood: cannabis is permitted for medical use only’, Public Health Minister Somsak Thepsutin told CNN.”

Keep reading

250,000 Texans Voted to Decriminalize Marijuana, So Why Are Politicians Trying To Override Them?

As the executive director of Ground Game Texas, I lead a team organizing working-class Texans to pass movement-driven local policies at the ballot box. In a state where our elected officials are openly hostile to justice, and voter suppression is rampant, we take the fight directly to the people. And the people are showing up.

Through our local campaigns, we’ve gathered hundreds of thousands of petition signatures and earned a quarter of a million votes to decriminalize marijuana across Texas—from Austin to Killeen, Lockhart to Dallas. In a state with low voter turnout, marijuana decriminalization has earned a supermajority of the vote in every city, and over-performed compared to the rest of the ballot. But instead of respecting the will of the voters, politicians in this state are doing everything they can to overturn these democratically elected policies.

We are fighting locally, fighting statewide, and fighting crony courts. Last year in Lockhart, the city attorney tried to split our single policy into 13 separate ballot items to bury it in bureaucracy. We stopped them. A state appeals court just upheld a lawsuit designed to stop our cities from implementing our marijuana decriminalization. And at the legislature, five separate bills were introduced this session to gut local control and block citizens from changing the law through ballot initiatives.

This is about more than plants with healing properties. It’s about power. It’s about democracy. And it’s all connected.

The war on drugs isn’t a failed policy—it’s a successful tool of oppression. A tool used to criminalize poverty. A tool used to lock Black and Brown Texans into cycles of incarceration. A tool used to destabilize families, punish veterans and disabled people and make survival a crime.

And when we rise up to change those laws, the people in power rewrite the rules to keep control. That’s not new. It’s a familiar playbook.

From Jim Crow poll taxes to modern-day gerrymandering and felony disenfranchisement, this country has always created new systems to block the people most impacted by oppression from changing it. What’s happening in Texas right now is just the latest chapter.

Let’s be clear: The issue isn’t that Texans don’t care. The issue is that the system was designed to keep most Texans out.

Keep reading

Texas House Committee Approves Senate-Passed Bill To Ban Cities From Decriminalizing Marijuana

A Texas House committee has approved a Senate-passed bill that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.

About a week after clearing the full Senate, members of the House State Affairs Committee advanced the legislation from Sen. Charles Perry (R) in a 9-6 vote on Wednesday. That same panel recently held a hearing on a House companion version that has not moved, indicating that lawmakers have opted to use the Senate bill as the vehicle to enact the ban on local cannabis reform.

Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.

The latest version of the legislation, as previously amended in the Senate Criminal Justice Committee, would also specifically bar localities from putting initiatives on the ballot that would contravene the state’s consumable hemp laws.

It would also require the attorney general to create a form for people to report violations of the law. And it’d expedite legal proceedings to challenge any city, mandating that an appellate court “render its final order or judgment with the least possible delay,” a legislative analysis says.

Cities found to be in violation of the law by placing a decriminalization initiative—or any measure that conflicts with state or federal drug laws—would be subject to a $25,000 civil fine for a first offense and a $50,000 fine for any subsequent offense.

“In the last few years several local governments have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state drug laws,” Perry said in a statement of intent.

Keep reading

Texas Lawmakers Take Up Another Bill To Block Voters From Locally Decriminalizing Marijuana

A Texas House committee took up a bill on Friday that would prohibit cities from putting citizen initiatives on local ballots to decriminalize marijuana or other controlled substances.

Just two days after a Senate version of the measure cleared that full chamber, the House State Affairs Committee held a hearing on the companion version from Rep. Jeff Leach (R), with proposed amendments to align both bills.

In the last few years, members, several local governments across the state of Texas have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state’s drug laws,” Leach said, noting that Texas Attorney General Ken Paxton (R) has filed lawsuits against multiple municipalities where the local reform was enacted.

“Although these lawsuits are still pending, there’s a growing trend across our state for local governments to adopt these policies, and this bill is intended to address that,” he said.

Under the proposal as introduced, state law would be amended to say that local entities “may not hold an election for voter approval of a proposed charter or an amendment to a charter that violates” state drug laws.

They also could not “adopt, publish, enforce, repeal, maintain, or amend an ordinance, order, policy, rule, or regulation” that contravenes state statute on controlled substances.

Leach described amendments included in a substitute version of the bill that seem intended to match what the Senate passed on Wednesday.

Keep reading

Texas Senate Passes Bill To Ban Cities From Putting Marijuana Decriminalization Initiatives On Local Ballots

The Texas Senate has approved a bill that would prohibit cities from putting any citizen initiative on local ballots that would decriminalize marijuana or other controlled substances—as several localities have already done despite lawsuits from the state attorney general.

The legislation from Sen. Charles Perry (R) is responsive to those local reforms, and it passed the chamber on Wednesday in a 23-8 vote. It now heads to the House of Representatives.

Under the proposal, state law would be amended to say that local entities “may not place an item on a ballot, including a municipal charter or charter amendment, that would provide that the local entity will not fully enforce” state drug laws.

The latest version of the legislation as amended in the Senate Criminal Justice Committee would also specifically bar localities from putting initiatives on the ballot that would contravene the state’s consumable hemp laws.

It would also require the attorney general to create a form for people to report violations of the law. And it’d expedite legal proceedings to challenge any city, mandating that an appellate court “render its final order or judgment with the least possible delay,” a legislative analysis says.

Cities found to be in violation of the law by placing a decriminalization initiative—or any measure that conflicts with state or federal drug laws—would be subject to a $25,000 civil fine for a first offense and a $50,000 fine for any subsequent offense.

“In the last few years several local governments have adopted policies and ordinances that are designed to decriminalize controlled substances or instruct law enforcement or prosecutors not to enforce our state drug laws,” Perry said in a statement of intent.

“In 2024, the attorney general launched lawsuits against multiple cities for adopting non-prosecution policies that violate Texas laws concerning marijuana possession and distribution,” he said. “Although these lawsuits are still pending, this is a growing trend across our state.”

It’s not clear why, if the attorney general’s lawsuits assert that local decriminalization laws are already prohibited under statute, the proposed amendments to the code are necessary. But the legislation does appear to escalate enforcement and penalties.

A House companion version of the bill, sponsored by Rep. Jeff Leach (R), is scheduled for a hearing in the State Affairs Committee on Friday.

The Senate vote comes about a week after a Texas appellate court sided with the state in its lawsuit challenging the city of San Marcus over the implementation of a local marijuana decriminalization law approved by voters.

That marked a setback for activists who’ve led the charge to enact local marijuana policy changes through the ballot, many of which have been contested by Texas Attorney General Ken Paxton (R).

Meanwhile, despite the ongoing litigation and Senate bill’s advancement, Texas activists have their targets set on yet another city, Kyle, where they hope put an initiative before voters to enact local marijuana reform at the ballot this coming November.

Despite the state’s resistance and the latest development in San Marcos, advocates have seen several courts rule in their favor amid the legal challenges.

Keep reading