Tag: the war on (some) drugs

Virginia GOP Governor Vetoes Marijuana Sales Legalization Bill

After sending messages for months that he had no interest in moving forward with Democratic-led plans to legalize retail marijuana sales in Virginia, Gov. Glenn Youngkin (R) has now formally vetoed legal sales legislation sent to him by lawmakers about a month ago.

In a veto message issued on Thursday, the governor wrote that “the proposed legalization of retail marijuana in the Commonwealth endangers Virginians’ health and safety.”

“States following this path have seen adverse effects on children’s and adolescent’s health and safety, increased gang activity and violent crime, significant deterioration in mental health, decreased road safety, and significant costs associated with retail marijuana that far exceed tax revenue,” he claimed. “It also does not eliminate the illegal black-market sale of cannabis, nor guarantee product safety. Addressing the inconsistencies in enforcement and regulation in Virginia’s current laws does not justify expanding access to cannabis, following the failed paths of other states and endangering Virginians’ health and safety.”

Even before the legislative session kicked off this year, some supporters predicted Youngkin would veto any legal sales measure that arrived on his desk on principle, regardless of what provisions it contained. Others believed it was possible to craft a broadly appealing bill that could either win the governor’s approval or secure enough bipartisan support to overcome a potential veto.

Ultimately, however, votes for the legislation fell mostly along party lines, suggesting that Youngkin’s veto will likely stand because there isn’t enough support to override him in the Senate or House of Delegates.

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Kansas Senators Kill Bill To Create Medical Marijuana Pilot Program

Kansas lawmakers have voted to table a bill to create a medical marijuana pilot program in the state that has drawn early criticism from advocates who view it as excessively restrictive.

The Senate Federal and State Affairs Committee took testimony on the legislation in a hearing on Thursday, a little over a week after it was first introduced. But after members heard from supporters, opponents and neutral parties, they accepted a motion to table it until January 13, 2025 in a voice vote—effectively killing the measure for the current session.

After several unsuccessful attempts to legalize medical cannabis in a more conventional manner in recent sessions, lawmakers were exploring whether there would be enough support to enact the more limited reform through a pilot program that would have launched later this year. The committee put an abrupt halt to that conversation.

“Our goal is to provide relief for patients, while also balancing the concerns of legislators and conservative Kansans,” Sam Jones, COO of Kansas Natural Remedies, which helped draft the legislation, said during the hearing.

“By being one of the last states to implement this, I think we’ve learned from other states,” he said. “We’ve tailored this bill to address the things that other states have gotten wrong and to address the things that they may have gotten right. This is a limited bill. This is supposed to be a pilot program. This is a proof of concept for medical cannabis to give proof that medical cannabis isn’t going to cause the end of society.”

Under the measure, the Kansas Department of Health and Environment would be responsible for overseeing the program, and regulators could only approve licenses for four vertically integrated cannabis operators across the state. Pharmacies could also be permitted to sell medical marijuana.

To participate in the program, patients with one of 16 qualifying conditions—including cancer, post-traumatic stress disorder (PTSD) and chronic pain—would need to obtain a certification from a physicians.

There are a number of restrictions built into the legislation, including a ban on smoking marijuana products. While the bill also says that vaporizing cannabis would be prohibited, there’s separate language stating that flower could be inhaled through non-combustable vaporization.

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Minnesota Lawmakers Propose Raft Of Changes To State Marijuana Law, Including Homegrow And Equity Adjustments

The lead sponsors of 2023’s recreational cannabis law are sensitive to suggestions that the sweeping law needs “fixing.” Such a word might be interpreted as endorsing Republican talking points that the bill—along with much of the work of the 2023 session—was rushed and that mistakes were made.

Instead, top sponsors of House File 100 say changes they are both proposing, as well others filed by other lawmakers, are expected and routine. The law will be “modified,” not fixed.

“As I said many times last year, it won’t be the last time the Legislature hears a cannabis bill,” said Sen. Lindsey Port, the Burnsville DFLer who was the lead sponsor in the Senate. “Prohibition of alcohol ended nearly 100 years ago and we still have a liquor bill nearly every year.”

That said, what is being proposed to change the law at the midpoint between legalization and retail sales? Both Port and Rep. Zack Stephenson (DFL-Coon Rapids) have said they expect to have an omnibus cannabis bill that will contain all changes in one package.

The Office of Cannabis Management’s 100-page proposal—Senate File 4782/House File 4757—is the stage setter. Even though these bills show Port and Stephenson as sponsors, they put their name on top as a courtesy to the Office of Cannabis Management (OCM). Their own work will likely be affixed to the OCM bill.

The long list of changes would adjust how so-called social equity licenses are distributed, change the ownership ratios for such license holders, bring the hemp-derived market regulation under the Office of Cannabis Management sooner and put numerical caps on each type of license rather than let OCM decide how many the market requires. Many of the changes were suggested as ways to get to the same end point as HF 100 but with less risk of litigation.

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GOP Senators Tell DEA To Reject Marijuana Rescheduling, Arguing It Would Violate International Treaties

Three Republican senators are urging the Drug Enforcement Administration (DEA) to reject the top federal health agency’s marijuana rescheduling recommendation, arguing that it would put the U.S. out of compliance with international treaty obligations and make it harder to ensure that other countries continue to enforce drug laws, “including for deadly narcotics like fentanyl.”

In a letter sent to DEA Administrator Anne Milgram on Wednesday, Sens. Mitt Romney (R-UT), James Risch (R-ID) and Pete Ricketts (R-NE) said the agency should adhere to precedent and decline to move cannabis from Schedule I to Schedule III under the Controlled Substances Act (CSA), as the U.S. Department of Health and Human Services (HHS) has advised.

“Any effort to reschedule marijuana must be based on proven facts and scientific evidence—not the favored policy of a particular administration—and account for our treaty obligations,” the Senate Foreign Relations Committee members wrote.

“Marijuana is controlled under the Single Convention—which is not surprising given its known dangers and health risks—and the United Nation’s International Narcotics Control Board (INCB) has fiercely criticized efforts to legalize marijuana in other countries as a violation of the treaty,” they said.

The letter notes that the Senate ratified the Single Convention that contains drug policy mandates for member states in an unanimous vote in 1967. And they pointed out that DEA has previously cited international treaty obligations in denying past rescheduling petitions.

“It is important that the DEA continues to follow the law and abide by our treaty commitments,” they said, listing a series of questions they’re asking the agency to answer.

For example, the senators asked if DEA still considers it necessary to keep marijuana in either Schedule I or Schedule II to comply with the Single Convention, as it concluded under the Obama administration.

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Germany’s Marijuana Legalization Bill Is Officially Signed Into Law And Will Take Effect On Monday

A bill to legalize marijuana nationwide in Germany has officially been signed into law, with the reform set to take effect next week.

Bundesrat President Manuela Schwesig signed the legislation on Wednesday, the last step to enactment. Usually German Federal President Frank-Walter Steinmeier would sign legislation, but because he’s currently away on vacation, that responsibility was handed down to the head of the legislative chamber representing individual states.

This comes one week after members of the Bundesrat reached a deal with Health Minister Karl Lauterbach and other government ministers and declined to refer the cannabis legislation to a mediation committee that would have delayed implementation by six months. Instead, the law will go into force on Monday as planned.

The Bundestag passed the marijuana legalization measure last month. The Bundesrat previously tried to block the proposed reform in September but ultimately failed.

Effective April 1, adults will be allowed to possess up to 25 grams of cannabis and grow up to three plants for personal use. Then, beginning July 1, adults could join “social clubs” where they could buy up to 25 grams of cannabis, with a cap of 50 grams per month. That cap is 30 grams for members under 21 years old.

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Connecticut Lawmakers Approve Psilocybin Decriminalization Bill In Joint Committee Vote

Connecticut lawmakers have approved a bill to decriminalize psilocybin in a bicameral committee.

About two weeks after the legislature’s Joint Judiciary Committee first discussed the psychedelics proposal, members approved it on Tuesday.

The legislation would make possession of up to one-half an ounce of psilocybin punishable by a $150 fine, without the threat of jail time.

A second or subsequent violation would carry a fine of at least $200 but not more than $500. A person who pleads guilty or no contest on two separate occasions would be referred to a drug education program.

Police would be required to seize and destroy any amount of the psychedelic they find under the measure, HB 5297. Possession of more than a half-ounce of psilocybin would be considered a Class A misdemeanor.

Judiciary Committee Co-chair Rep. Steven Stafstrom (D) said the bill is partly about “recognizing that there has been quite a bit of study around this drug [and] recognizing the potential health benefits that veterans and others suffering from PTSD use it for and pushing in that direction.”

“Let’s be clear: This is not a legalization bill,” he said. “Possession of psilocybin under this bill would still be illegal. A police officer could still confiscate it could still destroy it and could issue an infraction ticket to someone in possession of small amounts of psilocybin.”

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Delaware Treasurer Promotes New Marijuana Banking Bill To Provide State-Level Protections

Delaware’s treasurer is promoting new legislation that would provide state-level protections to banks that provide services to licensed marijuana businesses.

The bill was filed by Rep. Ed Osienski (D) and Sen. Trey Paradee (D) in partnership with state Treasurer Colleen Davis (D). It comes amid mounting pressure on Congress to enact federal cannabis banking reform.

The Delaware measure is designed to clarify that banks, credit unions, armored car services and accounting services providers are not subject to state-level prosecution simply for working with cannabis businesses.

“This Act aims to facilitate the operation of cannabis-related businesses by helping to ensure that such businesses have access to necessary financial and accounting services,” the bill synopsis says.

Davis, the treasurer, said in a press release last week that “H.B. 355 will provide state-level legal protection, and a clear legal framework for banks, payment processors, and other financial service providers to follow.”

“It can also ease concerns about federal enforcement and regulatory compliance among these businesses—since it allows them to demonstrate to federal agencies that they’re following a clear legal framework, ultimately leading to a safer and more transparent marijuana industry,” she said.

A press release from Davis’s office also says that, in addition to providing the basic protections, the bill would effectively boost the economy, enhance safety and promote competition.

“Across the country, we’ve witnessed dispensaries and banks alike struggling with legal uncertainty surrounding financial and accounting services for cannabis businesses,” Osienski, the House sponsor, said. “This uncertainty not only undermines the operations of state-compliant dispensaries but also hinders their access to basic business functions such as access to banking, acquiring loans, or paying taxes.”

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House GOP Committee Urges Opposition To Marijuana Banking Bill, Saying ‘Gateway Drug’ Causes ‘Violence, Depression And Suicide’

A Republican House advisory committee is formally opposing marijuana banking legislation and a separate bill to remove past cannabis use as a disqualifying factor for federal employment and security clearances, while broadly criticizing the substance as a “gateway drug” that causes “violence, depression and suicide.”

The House Republican Policy Committee’s new marijuana report also says that Vice President Kamala Harris was “mistaken” when she said cannabis brings people “joy” as a 2020 presidential candidate, instead arguing that it is a “hazardous drug with short and long-term impacts.”

The guidance, which is meant to inform how the GOP caucus should approach marijuana policy issues, briefly describes the history of prohibition and the state legalization movement. It then makes the case that cannabis is a dangerous substance linked to mental health disorders such as schizophrenia, attributing that in part to “the high concentration of THC.”

The committee also cited questionable statistics to argue that state-level legalization is associated with increased violence. And it claimed that marijuana use causes workplace issues such as “decreased productivity, high unemployment claims, and lawsuits.”

“Instead of turning a blind eye to the dangers associated with marijuana and allowing states to have dispensaries on every corner, Congress should work to ensure that laws in relation to marijuana are enforced,” the guidance says.

It included two specific policy recommendations, stating that members should oppose the Secure and Fair Enforcement (SAFE) Banking and the Cannabis Users’ Restoration of Eligibility (CURE) Act.

That’s despite the fact that both measures enjoy bipartisan support, and certain members of the policy committee such as Reps. Tom McClintock (R-CA) and Nancy Mace (R-SC) have been vocal champions of marijuana reform. McClintock is signed onto the banking bill and Mace is the lead GOP cosponsor of the federal employment and security clearance measure.

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Utah Governor Lets Psychedelics Pilot Program Bill Become Law Without His Signature, Citing ‘Overwhelming Support’

The Republican governor of Utah has allowed a bill to become law without his signature that authorizes a pilot program for hospitals to administer psilocybin and MDMA as an alternative treatment option.

Gov. Spencer Cox (R) said in a letter to legislative leaders last week that he was letting the psychedelics legislation become enacted despite his reservations due to the “overwhelming support” it received, with both chambers unanimously approving the measure.

“I am generally supportive of scientific efforts to discover the benefits of new substances that can relieve suffering,” Cox said. “However, we have a task force that was set up specifically to advise the Legislature on the best ways to study Psilocybin and I’m disappointed that their input was ignored.”

The governor didn’t specify which specific task force recommendations he wanted to see incorporated, but the panel did advise against authorizing the regulated use of psychedelics before they’re approved by the federal Food and Drug Administration (FDA).

Lawmakers have cited the panel’s findings to support advancing the pilot program legislation from Senate Majority Whip Kirk Cullimore (R) and House Speaker Pro Tempore James Dunnigan (R).

The newly enacted measure provides for that regulated access at two types of health care systems in the state. Psychedelics can be administered by a privately owned, non-profit health care system with at least 15 licensed hospitals or within medical programs operated by institutions of higher education.

“A healthcare system may develop a behavioral health treatment program that includes a treatment” with psilocybin and MDMA that it “determines is supported by a broad collection of scientific and medical research,” the bill says.

By July 1, 2026, any hospital that establishes a psychedelics therapy pilot program will need to submit a report to the legislature that details which drugs are being utilized, healthcare outcomes of patients and any reported side effects.

The legislation Cox allowed to become enacted will take effect on May 1, 2024 and sunset after three years.

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California Bill Would Roll Back Marijuana Employment Protections For Law Enforcement Jobs

A California bill that was introduced last month as a minor technical fix to an existing law protecting workers from employment discrimination over legal marijuana use was substantially amended in committee this week with new section that would roll back the protections for various categories of workers, including those in law enforcement, coroners’ offices and animal control.

Under two pieces of legislation signed into law in 2022 and 2023, California employers are now prohibited from asking job applicants about past cannabis use, and most are barred from penalizing employees over lawful use of marijuana outside of the job.

The newly amended bill, SB 1264, sponsored by Sen. Shannon Grove (R), would remove those protections for “employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities” related to:

(1) The apprehension, incarceration, or correction of criminal offenders.
(2) Civil enforcement matters.
(3) Dispatch and other public safety communications.
(4) Evidence gathering and processing.
(5) Law enforcement records.
(6) Animal control.
(7) Community services duties.
(8) Public administrator or public guardian duties.
(9) Coroner functions.

The proposed change comes just months after the Commission on Peace Officer Standards and Training removed questions about marijuana from police job application forms. Several forms, the commission said at the time, were “modified to remove inquiries about a candidate’s prior cannabis use.”

Grove’s amendments were adopted on Tuesday, and the legislation currently sits before the Senate Rules Committee.

Both employment protections laws took effect on January 1 of this year. With certain exceptions, “it is unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis,” one of them says.

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