Tag: the war on (some) drugs

DEA Judge Cancels Marijuana Rescheduling Hearings Amid Legal Challenges, Pushing Back Reform For At Least Three Months

The first hearings on the Biden administration’s marijuana rescheduling proposal that were set for next week have now been canceled following a legal challenge from pro-reform witnesses, a Drug Enforcement Administration (DEA) judge has ruled.

While DEA Administrative Law Judge (ALJ) John Mulrooney rejected key arguments from rescheduling proponents about how alleged improper communications and witness selection decisions by DEA Administrator Anne Milgram warranted the agency’s removal from the process altogether, he ultimately granted a request for leave to file an interlocutory appeal—canceling the scheduled January 21 merit-based hearing and staying the proceedings for at least three months.

And although Mulrooney cited statutory restrictions on his office’s ability to take actions such as removing DEA as the “proponent” of the proposal to move marijuana from Schedule I to Schedule III of the Controlled Substances Act (CSA), he sharply criticized the agency over various procedural missteps that he argued contributed to a delay of the rulemaking, potentially indefinitely as a new administration is set to come into office next week.

Central to the movants’ motion to remove DEA are allegations that certain agency officials conspired with anti-rescheduling witnesses who were selected for the hearing. The judge didn’t outright deny those claims and, in fact, noted a “disturbing and embarrassing revelation” about such communications. However, he said even if those claims were substantiated, they wouldn’t on their own constitute an “‘irrevocable taint’” that will affect the ultimate outcome of the proceedings.” Therefore, he said, it wouldn’t affect his office’s authority to relegate DEA in the hearings.

“I can no more remove or re-designate the Administrator than I can hold parties in contempt and fine them,” Mulrooney said. “The strangeness of this unsupported approach is amplified by the fact that the appointment of a new DEA Administrator by a different political party is imminent.”

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DEA Judge Blasts Agency For ‘Unprecedented And Astonishing’ Defiance Of Ruling On Marijuana Rescheduling Evidence Procedures

A Drug Enforcement Administration (DEA) judge is condemning the agency over its “unprecedented and astonishing” defiance of a key directive related to evidence it is seeking to use in upcoming hearings on the Biden administration’s marijuana rescheduling proposal.

At issue is DEA’s insistence on digitally submitting tens of thousands of public comments it received in response to the proposed rule to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) as evidence in the hearings.

At multiple points, DEA Administrative Law Judge (ALJ) John Mulrooney advised the agency that hard copies of all evidence needed to be entered by January 3, and he rejected DEA’s request for an exception to the rule. Nevertheless, DEA moved to submit the comments in compact disc form despite the “clear (and repeated) directives,” the judge said in an order on Monday.

“The Government has not supplied the tribunal with a hard copy of the lengthy proposed exhibit… which it represents as containing the Comments,” Mulrooney said. “In view of the fact that Government’s request for leave for an exception to the rules applicable to the rest of the Designated Participants was specifically denied, this action is clearly not a mistake borne of misunderstanding or inadvertence, but an action taken in deliberate defiance of specific direction.”

“Even among the numerous extraordinary and puzzling actions taken thus far by the Government during the course of this litigation, this disobedience of an unequivocal directive from the tribunal is unprecedented and astonishing,” he said.

To that end, he rejected the evidentiary exhibit and further noted that, in light of DEA’s “deliberate failure to comply with the unequivocal and repeated directive of the tribunal, the issue of sanction is herein RESERVED for a determination to be made at such time during the hearing on the merits that the proposed exhibit is offered into the record.”

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Virginia GOP Governor Claims Legalizing Marijuana Sales Would Harm Children And Increase Crime

Virginia Gov. Glenn Youngkin (R) emphasized during his State of the Commonwealth address that he’s not interested in cooperating with lawmakers to legalize marijuana sales in the state, claiming that doing so would hurt children, worsen mental health and increase violent crime.

“Strong communities work to prevent harmful drug use,” the governor said during the speech on Monday.

Use, possession and limited cultivation of cannabis by adults are already legal in Virginia, the result of a Democrat-led proposal approved by lawmakers in 2021. But Republicans, after winning control of the House and governor’s office later that year, subsequently blocked the required reenactment of a regulatory framework for retail sales. Since then, illicit stores have sprung up to meet consumer demand.

Supporters of regulating commercial sales in the state say the move would not create a cannabis market in Virginia but instead regulate the state’s existing illicit market, which some estimates value at nearly $3 billion. But Youngkin has rejected the idea, issuing a veto of a legal sales measure passed by lawmakers after Democrats retook control of the legislature last year.

“Everyone knows where I stand on establishing a retail marijuana market,” Youngkin said in his speech. “Let’s work together on other issues where we can find common ground.”

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Dallas police now instructed to not arrest, give citations for marijuana possession of 4 ounces or less

Dallas police officers have new marching orders when it comes to enforcement of arrests and citations for marijuana possession with the implementation of Proposition R.

According to an internal DPD memo obtained by WFAA, Dallas officers are now prohibited from making arrests or issuing citations for marijuana possession – four ounces or less – nor can they “consider the odor of marijuana as probable cause for search and seizure, except as part of a violent felony or high priority narcotics felony investigations.”

The previous policy regarding possession of marijuana prompted officers to confiscate, but not cite nor arrest people who had less than two ounces of marijuana. Per the memo sent out Friday, that policy is now “obsolete.”

Proposition R, also dubbed the “Dallas Freedom Act” by supporters, passed with 66% of the vote in the November election.

Last year, former Dallas Police Chief Eddie Garcia warned that the proposition could have a negative impact on public safety.

“In my 32 years in law enforcement, in my opinion, it could lead to increased illegal sales and deterioration of quality of life in certain areas of our city,” Garcia told the city council in August 2023.

“Regardless of your thoughts and/or opinions regarding the passing of this amendment, we must remain focused on our dutites and obligations to the Dallas Police Department and the residents of the City of Dallas,” Dallas Interim Police Chief Michael Igo wrote in the memo. “It is crucial to maintain professionalism and composure, as you always represent this exceptional Police Department.”

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With more Americans able to access legalized marijuana, fewer are picking up prescriptions for anti-anxiety medications – new research

In states where both medical and recreational marijuana are legal, fewer patients are filling prescriptions for medications used to treat anxiety. That is the key finding of my recent study, published in the journal JAMA Network Open.

I am an applied policy researcher who studies the economics of risky behaviors and substance use within the United States. My collaborators and I wanted to understand how medical and recreational marijuana laws and marijuana dispensary openings have affected the rate at which patients fill prescriptions for anti-anxiety medications among people who have private medical insurance.

These include:

  • Benzodiazepines, which work by increasing the level of gamma-aminobutyric acid, or GABA, a neurotransmitter that elicits a calming effect by reducing activity in the nervous system. This category includes the depressants Valium, Xanax and Ativan, among others.
  • Antipsychotics, a class of drug that addresses psychosis symptoms in a variety of ways.
  • Antidepressants, which relieve symptoms of depression by affecting neurotransmitters such as serotonin, norepinephrine and dopamine. The most well-known example of these is selective serotonin re-uptake inhibitors, or SSRIs.

We also included barbiturates, which are sedatives, and sleep medications – sometimes called “Z-drugs” – both of which are used to treat insomnia. In contrast to the other three categories, we did not estimate any policy impacts for either of these types of drugs.

We find consistent evidence that increased marijuana access is associated with reductions in benzodiazepine prescription fills. “Fills” refer to the number of prescriptions being picked up by patients, rather than the number of prescriptions doctors write. This is based on calculating the rate of individual patients who filled a prescription in a state, the average days of supply per prescription fill, and average prescription fills per patient.

Notably, we found that not all state policies led to similar changes in prescription fill patterns.

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New Idaho Bill Would Set Mandatory Minimum Fine For Marijuana Possession

A Nampa legislator introduced a bill on Thursday to implement a $300 minimum fine for adults possessing three ounces or less of marijuana.

Under Idaho Code, individuals possessing more than three ounces of marijuana can face a felony conviction and may be imprisoned for at least five years, or fined at least $10,000, or both. However, there are no specific penalties for individuals possessing less than three ounces.

Rep. Bruce Skaug, R-Nampa, introduced the bill to the Idaho House Judiciary, Rules and Administration Committee, noting that Idaho judges can apply fines ranging from $2 to $500 for people possessing three ounces or less of marijuana.

According to the bill, individuals possessing three ounces or less of marijuana would be subject to a misdemeanor upon conviction and subject to a minimum fine of $300. Individuals under the age of 18, however, would be exempt from the penalties, Skaug said.

“We do not want this to become a marijuana state,” Skaug told the committee.

Last year, Skaug introduced a similar bill attempting to implement a minimum $420 fine for marijuana possession of three ounces or less, the Idaho Capital Sun previously reported.

The bill died in committee after legislators pointed to concerns that it would take away judicial discretion.

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Indiana Lawmakers File Bills To Legalize Marijuana And Fund Psilocybin Research In 2025

Indiana lawmakers are already making moves to enact drug policy reform in the 2025 session—with newly filed bills to legalize marijuana, allow medical cannabis and fund psilocybin research.

While the prospects of the cannabis measures are unclear given the Republican-controlled legislature’s historic resistance to reform, the psychedelics legislation would simply provide the necessary funding for an already-enacted law promoting psilocybin research.

Senate Bill 113

Sen. Rodney Pol (D) has introduced legislation that would legalize marijuana for recreational and medical purposes in the state.

The bill would establish a regulatory framework and excise tax for cannabis, while creating an Indiana Cannabis Commission (ICC) and Advisory Committee to oversee the program.

It would also facilitate research into marijuana and provide for the expungement of criminal records for offenses made legal under the reform.

According to a fiscal note from the Legislative Services Agency (LSA), enacting the bill would generate “between $46.6 million and $92.6 million in FY 2026 and $50.8 million and $101.7 million in FY 2027 from Sales and Excise Taxes and permit fees.”

Despite the GOP-controlled legislature’s history on marijuana policy reform, some suspect the tides might change in 2025. Part of that enthusiasm comes from the fact that Gov.-elect Mike Braun (R) recently said that “it’s probably time” to allow access to therapeutic cannabis.

However—despite a recent survey showing nearly 9 in 10 Indiana adults support legalizing medical marijuana—Republican leaders in the legislature are pushing back on the idea.

“It’s no secret that I am not for this,” Senate President Pro Tem Rodric Bray (R) said last month. “I don’t have people coming to me with really compelling medical cases as to why it’s so beneficial. And any state that I’ve seen pass medical marijuana is essentially passing recreational marijuana.”

House Speaker Todd Huston (R), meanwhile, doubted any medical benefits associated with marijuana, calling the substance “a deterrent to mental health.” He and others suggested that lawmakers supportive of the reform merely want to boost state revenue.

Meanwhile in Indiana, an organization led by the former head of the state’s Republican Party is pushing lawmakers to adopt what it’s calling “safe and regulated” policies on marijuana.

An interim study group had heard testimony around the possibility of decriminalizing simple cannabis possession last November, but the group did not make any specific recommendations.

House Bill 1332

The legislation, sponsored by Rep. Blake Johnson (D), would also establish a regulatory framework for adult-use marijuana, with a Cannabis Commission charged with overseeing the program.

Marijuana would be subject to a 10 percent excise tax, in addition to the state’s 7 percent sales tax.

“Revenue to the state General Fund is estimated to increase between $41.9 M and $82.1 M per year from Sales Taxes” on marijuana, according to a fiscal note. “Also, the bill establishes the nonreverting Cannabis Regulation Fund which could receive between $60.4 M and $118.5 M per year from the Cannabis Excise Tax and permit fee revenue.”

It would also impose new penalties for mislabeling hemp products and selling or transporting cannabis to minors.

House Bill 1145

Under a newly filed bill from Rep. Heath VanNatter (R), it would no longer be a crime to possess up to two ounces of cannabis or grow plants with more than two ounces.

The proposal would also increase the felony threshold for possession, raising it from 30 grams to four ounces.

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New York Bill Would Legalize Psychedelics Like Psilocybin, Mescaline And Ibogaine

Another psychedelics bill has been prefiled in New York for the 2025 session—this one calling for the legalization of certain entheogenic substances such as psilocybin and ibogaine for adults 21 and older.

Sponsored by Assemblymember Linda Rosenthal (D), along with eight cosponsors, the legislation would amend state statute to make legal the “possession, use, cultivation, production, creation, analysis, gifting, exchange, or sharing by or between natural persons of twenty-one years of age or older of a natural plant or fungus-based hallucinogen.”

DMT, ibogaine, mescaline, psilocybin and psilocyn would fall under the definition of “natural plant or fungus-based hallucinogens” that would be legalized by the bill.

Further, the legislation would authorize people to engage in psychedelic services “with or without remuneration,” as well as use the entheogens in religious ceremonies.

State and local law enforcement would be prohibited from cooperating or providing assistance to the federal government for the purpose of enforcing controlled substances laws against activities made legal under the state law.

The measure goes on to outline a series of protections: People couldn’t lose professional licenses, public assistance or be denied mental health or behavioral health services simply for using psychedelics. And their lawful use also couldn’t be the sole basis for a child welfare investigation.

New York localities wouldn’t be allowed to enact laws criminalizing psychedelics, but they could “adopt and implement legislation and policies which bear directly on or are related to natural plant or fungus-based hallucinogens in furtherance” of the bill.

Finally, the proposal would remove psilocybin, psilocyn, DMT, mescaline and ibogaine from the state’s banned substances list.

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Fatal Traffic Crashes Linked To Marijuana Fell By 30% In Ohio Last Year As Legalization Took Effect, Contrary To Opponents’ Fears

As marijuana legalization took effect in Ohio over the last year, the number of fatal traffic crashes in linked to cannabis fell by 30 percent—contrary to warnings from opponents of the policy change who feared it would lead to more deadly car accidents involving stoned drivers. That’s according to new preliminary data from the Ohio State Highway Patrol, which found that proportion of impaired drivers suspected to be under the influence of marijuana also declined compared to 2023.

State voters approved marijuana legalization in November 2023, with use and possession becoming legal the following month. Adult-use cannabis sales, meanwhile, began last August.

State voters approved marijuana legalization in November 2023, with use and possession becoming legal the following month. Adult-use cannabis sales, meanwhile, began last August.

All told, there were 1,067 fatal traffic crashes in Ohio during 2024—the lowest number in at least five years, and down 7 percent from the 1,150 fatal crashes in 2023.

Of those, about 20 percent (215 crashes) were linked to cannabis last year—also the lowest number in years, and down from 27 percent (306 crashes) in 2023.

Impaired driving—referred to in Ohio as operating a vehicle under the influence, or OVI—also decreased from 2023 to 2024, with 644 fewer arrests last year compared to a year earlier. There were 83 fewer cannabis-related OVI arrests in 2024 compared to 2023.

In 2023, authorities logged 15,276 OVI arrests, about 10 percent (1,454) of which were related to marijuana. In 2024, 14,632 arrests took place—a decrease of about 4 percent. Of those, 1,371 were suspected to be linked to cannabis—a drop of approximately 6 percent.

Overall, 242 people died in Ohio last year in crashes believed to involve marijuana use. That’s 28 percent fewer deaths than the 335 logged in 2023. It’s also the lowest number of fatal traffic accidents involving cannabis since at least 2020.

The total number of crashes in general linked to marijuana in 2024—1,171—was also the lowest number since at least 2020 and marked a 12 percent decline since 2023.

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New York Democrat Files Bills To Restrict THC Potency In Marijuana And Ban Consumption Within 30 Feet Of Children

A New York Democrat has introduced a pair of bills that would put new restrictions on marijuana in the state. One measure would limit the THC potency of cannabis products, while the other would prohibit cannabis consumption within 30 feet of where any child lives.

Both bills, A977 and A1007, were filed on Wednesday by Assemblymember Phil Steck. The potency proposal would limit marijuana flower to no more than 15 percent delta-9 THC, while all other cannabis products—including concentrates and hemp-derived products—would be capped at 25 percent delta-9 THC.

Growing, processing or distributing products exceeding those limits would be a Class B misdemeanor, punishable by up to 90 days in jail and a $500 fine.

The consumption measure, meanwhile, would outlaw smoking or vaping cannabis “within thirty feet of a child or within thirty feet of any location in which children reside or attend for any recreational or educational purpose.”

The restriction would include “areas separated by walls, closed door or floors within a building,” meaning the change could theoretically limit cannabis consumption even within users’ private residences if their neighbors have kids.

In addition to that provision, the consumption bill would also step up penalties for second and subsequent offenses around unlawful marijuana use, such as consuming near schools or using in areas where smoking or vaping is otherwise prohibited. Currently those activities are civil violations that carry a fine of up to $25 or community service. Under Steck’s bill, that would still be true for the first offense, but subsequent offenses would be charged as Class B misdemeanors.

A legislative memo in support of tighter consumption restrictions says that research has “shown that second-hand smoke from vaping and smoking cannabis are proven to be harmful to the health of adults and children.”

“Most adults have to ability to remove themselves from the area, children may not have the same ability,” the memo says. “This bill requires adults maintain a safe distance from children when smoking or vaping cannabis.”

As for Steck’s proposed THC limit, the memo in support of that proposal says that “the most egregious omission in legalizing adult-use cannabis in New York State is the absence of any cap on its potency.”

“Most people can use cannabis safely,” it says, but with increased availability of higher THC concentrations, there have been more adverse drug reactions.”

The memo also says that in particular, “edibles are trouble,” citing a study out of Colorado that found that edibles accounted for less than 1 percent of statewide cannabis sales but were responsible for 11 percent of emergency room visits.

“With an eye towards public health and safety,” it adds, “this legislation imposes a 15 percent cap on any cannabis flower, and a 25 percent cap on the concentration of the active ingredient delta-9 tetrahydrocannibinol in all manufactured cannabis products in the state.”

Notably, the bill would not adjust the total allowable THC limits in state-legal cannabis edibles, and the percentage-based limits would likely do little to rein in potency of the products. Even at the proposed 25 percent THC limit, a gummy weighing just 2 grams could contain up to half a gram of THC—a massive dose for most consumers.

The advocacy group NORML quickly came out against the new potency bill, A977, calling its proposed limits “arbitrary” in an email to supporters on Thursday.

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