Tag: the war on (some) drugs

12 State Attorneys General Tell DEA To Reschedule Marijuana As ‘Public Safety Imperative’

A coalition of 12 Democratic state attorneys general is urging the Drug Enforcement Administration (DEA) to move forward with federal marijuana rescheduling, calling the policy change a “public safety imperative.”

In a letter led by Colorado Attorney General Phil Weiser (D) that was sent to DEA Administrator Anne Milgram on Friday, the top state law enforcement officials said were “encouraged” to see the U.S. Department of Health and Human Services (HHS) recommend moving cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA) “in the interest of public health and safety.”

“For these reasons, we encourage the DEA to implement a final rule rescheduling cannabis to Schedule III based on the Federal Drug Administration’s [sic] scientific and medical conclusions,” they wrote. “We see this as a public safety imperative and write in support of this policy change.”

“As state attorneys general, we have a responsibility to protect consumers and defend public safety,” they said, adding that they remain concerned about the illicit cannabis market, unregulated sales of intoxicating hemp-based cannabinoid products and the “continuing proliferation of dangerous opioids.”

“State-sanctioned cannabis markets provide access to regulated products that are clearly safer to what individuals can buy on the street—and supporting the effective operation of these regulated markets thus fits with our commitment to addressing the opioid crisis and rising overdose deaths,” the officials said.

“The undersigned appreciate that rescheduling to Schedule III will allow the state-regulated cannabis industry to continue to set the standard for legal products and work to eliminate the illicit market and unregulated intoxicating hemp products that currently operate in interstate commerce. Regardless of the policy choices made, demand for these products will continue. Meeting this demand only in a regulated, legal marketplace better protects consumers.”

The letter also notes that tax revenue from regulated cannabis sales is “material,” contributing “billions of dollars” to state coffers. Moving cannabis to Schedule III would further allow licensed businesses to take federal tax deductions after being excluded form the scope of the 280E provision, which would help them “expand their investments into the state programs and focus on public health and safety in collaboration with law enforcements efforts.”

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Illinois Supreme Court To Rule On Whether Smell Of Marijuana Alone Is Cause To Search A Vehicle

“Even the claim of smelling cannabis can be discretionary. Honestly, it can be made up sometimes when officers are being less than honest because there’s no way to challenge it.”

The Illinois Supreme Court heard arguments Wednesday as to whether the smell of cannabis alone is grounds for police officers to search a vehicle, marking a test of the state’s 2020 recreational marijuana legalization law.

The court heard two consolidated cases of individuals who were in vehicles that were searched after an officer used the smell of cannabis as probable cause.

In People v. Redmond, defendant Ryan Redmond was pulled over by Illinois State Police for an unsecure license plate and driving three miles per hour over the speed limit, court records show. Upon smelling cannabis, the officer searched the vehicle and found about one gram of cannabis in the center console. He later charged Redmond with a misdemeanor for failure to transport cannabis in an odor-proof container, according to court documents.

The other case, People v. Molina, involved defendant Vincent Molina, who was a passenger in the vehicle when an Illinois State Police trooper smelled cannabis and searched the car, finding a small box of rolled joints, according to court records. Molina told the trooper he had a medical marijuana card prior to the search, the records state. Molina was charged with unlawful possession of cannabis by a passenger in a motor vehicle for not storing the cannabis in an odor-proof container.

Lawyers for Molina and Redmond argued the smell of cannabis alone should not be probable cause to search a vehicle given that the substance is no longer illegal in Illinois.

But Attorney General Kwame Raoul’s office argued the law requires drivers to transport cannabis in an odor-proof container. Thus, the presence of cannabis odor is grounds for a search, even if the passenger is possessing an amount under the legal limit or has a medical marijuana card.

“It remains illegal to use cannabis in a vehicle and to transport cannabis in a vehicle in a container that is not odor-proof,” a November brief filed by Raoul reads. Thus, “the odor of cannabis—whether in raw or burnt form—continues to provide police with probable cause to search.”

Mitchell Ness, assistant attorney general, continued the argument before the Supreme Court on Wednesday.

“Cannabis is no longer contraband in every circumstance, but that doesn’t absolve the person from following the laws that are in place,” he said.

Chief Justice Mary Jane Theis said the central matter of the cases was roadway safety.

“The concern here is the safety of the public driving down the highway and impaired drivers,” Theis said at the oral arguments. “We’re concerned about drunk drivers, and we’re concerned about high drivers.”

Nationwide and state-level chapters of the American Civil Liberties Union and the National Association of Criminal Defense Lawyers filed a brief in support of Molina and Redmond, writing that allowing the odor of cannabis as cause for searching a vehicle will lead to biased enforcement against Black and Latino Illinoisans.

“There is a decades-long pattern of police in this state using pretext like cannabis odor to disproportionately stop and search Black and Latino drivers,” the brief reads. Illinois’ stop and search policy “unfairly subjects (Black and Latino drivers) to at-will intrusions of their privacy and relegates them to second-class citizenry.”

The organizations argued the legalization of cannabis means its presence is not indicative of contraband or crime.

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Guilty Until Proven Innocent: Field Drug Tests and Wrongful Convictions

This report provides the first-ever comprehensive analysis of presumptive drug field test usage across law enforcement agencies in the United States. Inexpensive and fast, these tests have become a tool of choice for law enforcement agencies. Unfortunately, they are notoriously imprecise and are known to produce “false positives,” leading to frequent wrongful arrests and wrongful convictions.

Utilizing a nationwide survey of agencies, the report offers national estimates on the frequency of test usage, finding that each year approximately 773,000 drug-related arrests involve the use of presumptive tests. Although the true error rate of these tests remains unknown, estimates based on the imperfect data that are available suggest that around 30,000 arrests each year involve people who do not possess illegal substances but who are nonetheless falsely implicated by color-based presumptive tests. On a per capita basis, Black Americans experience these erroneous drug arrests at a rate 3x higher than White Americans.

While factors like eyewitness misidentification, false confessions, or prosecutorial misconduct have been previously cited as leading causes of wrongful convictions, these new results indicate that the use of presumptive field tests in drug arrests is one of the largest, if not the largest, known contributing factor to wrongful arrests and convictions in the United States.

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Feds Will Release Marijuana Rescheduling Memo And Related Documents ‘In Their Entirety’ In Response To Lawsuit

The Department of Health and Human Services (HHS) has agreed to release documents related to its recommendation to federally reschedule marijuana “in their entirety” amid litigation over a Freedom of Information Act (FOIA) request that was filed by a lawyer last year.

“Good afternoon and thank you for your patience,” a Department of Justice attorney handling the case said in an email to attorney Matt Zorn on Thursday. “The agency has advised that it will release the letter and its enclosures in their entirety.”

Zorn posted a screenshot of the email on his blog, noting that the release could mean that “rescheduling is imminent—or not.”

When the government announces a marijuana rescheduling through a Federal Register notice, he pointed out, it would “attach the letter and its enclosures” to that posting.

Zorn last month obtained more than 250 pages of the rescheduling advisory letter and supporting documents sent by HHS to the Drug Enforcement Administration (DEA) last year, though the vast majority were released only in highly redacted form.

In a phone interview with Marijuana Moment, Zorn said the new development comes after a “little scuffle” with the federal government over the timeline in his FOIA lawsuit. The Justice Department had filed a motion to vacate a deadline for summary judgement that was set for January 18, and while Zorn said he would typically accept such a request, he instead filed an opposing brief and the judge ultimately denied the government’s motion.

He added that, “realistically, the lawsuit could have accelerated” the timing of the government’s scheduling announcement, though it’s also possible that just the letter will be released without DEA immediately announcing a decision in the ongoing scheduling review.

In October, HHS released a highly redacted version of the one-page letter from the health agency to DEA in response to public records requests by news organizations such as Marijuana Moment and lawyers, including Zorn.

Shane Pennington, a lawyer who co-writes the On Drugs blog with Zorn, applauded his colleague’s work in pushing for the documents to be released.

“Matt has demonstrated once again that litigation is a powerful tool for unlocking doors, solving problems, and doing the ‘impossible,’” he told Marijuana Moment in an email. “I’m proud to work with him on On Drugs and so many other projects.”

Broadly, the documents are believed to discuss new scientific information that’s come to light in recent years, which HHS suggests might necessitate rescheduling marijuana.

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Marijuana Social Equity Programs Should Be Redesigned To Directly Support People Harmed By Criminalization 

Ohio voters recently legalized the recreational use of marijuana by adults. In total, 24 states have legalized recreational marijuana use, and Florida, Hawaii, New Hampshire, Pennsylvania and Wisconsin may all soon join these ranks. This metaphorical genie is not going back in the bottle, nor should it because drug prohibition breeds violence and has ruined many lives.

As part of the growing bipartisan recognition that cannabis should be legal and the failed war on drugs has wrongly imprisoned many Americans, social equity programs are increasingly included in marijuana legalization efforts. Social equity programs are intended to deliver restorative justice to persons who were imprisoned or otherwise impacted through the enforcement of drug prohibition policies. Ohio’s marijuana initiative makes it the 17th state to create a statewide social equity program. 

Most states, including California, New York, Arizona and Michigan, and cities, like New York City and Oakland, have implemented social equity programs in two ways. First, they reserve a subset of available cannabis business licenses for individuals who meet the legal definition of a “qualified social equity applicant.” These definitions vary, but no jurisdiction identifies them solely as individuals who were arrested or incarcerated for a marijuana-related offense. 

Instead, individuals typically qualify for licenses that allow them to enter the legal cannabis industry because they lived in a neighborhood that had disproportionately high arrest rates or below-average income. Persons never directly affected by the drug war can frequently access these benefits on equal terms with those affected. Often, large corporate interests have hired or partnered with individuals who meet social equity criteria to act (often unwittingly) as mere figureheads on license applications.

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Fifth Michigan City Approves Local Psychedelics Decriminalization Resolution

Another Michigan city has approved a resolution to locally deprioritize enforcement of laws against psychedelic substances, while expressing support for a statewide bill to legalize certain etheogenic plants and fungi.

On Tuesday, the Ypsilanti City Council took testimony from supporters and passed the psychedelics measure in an unanimous 6-0 vote.

The whereas section states that psychedelics can “catalyze profound experiences of personal and spiritual growth, have been shown by scientific and clinical studies and traditional practices to be beneficial to the health and well-being of individuals and communities in addressing” conditions such as anxiety and post-traumatic stress.

It also points out that the Washtenaw County District Attorney’s office expressed support for a similar resolution that was adopted in Ann Arbor in 2020.

The latest measure specifically says that it is not intended to legalize the commercial sale of psychedelics, but it makes the arrest and investigation of people for psychedelics-related activities such as possession and cultivation “the lowest law enforcement priority for the City of Ypsilanti.”

It also declares that “city funds or resources shall not be used in any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants.”

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Military Veterans Who Received Psychedelic Ibogaine Treatment Saw ‘Dramatic’ And ‘Life-Changing’ Improvements In PTSD And Depression, Stanford Study Finds

Military combat veterans with traumatic brain injuries (TBI) saw “dramatic” and “life-changing” improvements in their symptoms and cognitive functioning immediately after receiving treatment with the psychedelic ibogaine, new research shows.

Stanford University researchers behind the study, which was published in the journal Nature Medicine last week, followed 30 veterans who were functionally disabled from symptoms of TBI such as post-traumatic stress, depression and anxiety and who had a history of repeated blast or combat exposures.

The team, which collaboration with the foundation VETS, Inc., assessed the veterans before and after they visited a clinic in Mexico to receive ibogaine treatment, and they identified profound changes in the participants’ mental health, with minimal side effects.

Prior to the treatment, the veterans each met the criteria for clinically significant levels of disability. Twenty-three had diagnosable PTSD, 14 had anxiety disorder, 15 had alcohol use disorder and 19 had been suicidal at some point in their lifetimes.

After receiving ibogaine, in addition to magnesium to protect against potential heart-related complications, there was an immediate “remarkable reduction” in symptoms, “with large effect sizes” that sustained over time.

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GOP Virginia Governor Doesn’t Have ‘Any Interest’ In Legalizing Marijuana Sales Under New Democrat-Led Bills

As Virginia Democrstic lawmakers renew their push to legalize marijuana sales, the Republican governor says the issue isn’t something he’s personally interested in advancing this year.

While advocates are hopeful that commercial legalization could move through both chambers of the legislature, which are now controlled by Democrats, the remarks from Gov. Glenn Youngkin (R) indicate that the plan might not be enacted into law even if it is approved by the House of Delegates and Senate.

Following his State of the Commonwealth address on Wednesday, Youngkin was asked about the prospects of further cannabis reform.

“I just don’t have a lot of interest in pressing forward with marijuana legislation,” he told reporters.

Cannabis is “an area that I really don’t have any interest in,” the governor said.

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Why Some Activists Fear Marijuana Rescheduling: Responding To Former FDA Official’s Dismissal Of Our Concerns 

Politico recently published an extensive Q&A with Howard Sklamberg, a former top Food and Drug Administration (FDA) official who currently works at the law firm Arnold and Porter. Many advocates for legalization and restorative justice have concerns about the rescheduling of cannabis to a Schedule III substance—fears that Sklamberg believes are “alarmist and misguided.”

As a longtime advocate, I have to say that I don’t share that view. Honestly, I can’t believe Sklamberg said some of the things that he said—and I think the fears that we have are well-informed, reasoned and practical, if for no other reason than the worrying lack of transparency coming from regulatory agencies since rescheduling was recommended last year. We advocates are not always right, but our track record on drug policy is better than that of the policymakers and regulators who campaigned for, created and continued the so-called war on drugs.

Regulators, elected officials and their surrogates could benefit from hearing and taking seriously the other side: the concerns that advocates have about cannabis rescheduling. I’ve done my best to capture some of them below.

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Delaware House Committee Approves Bill To Significantly Expand Medical Marijuana Program Ahead Of Adult-Use Sales Launch

Delaware House lawmakers have approved a bill to significantly expand the state’s medical marijuana program ahead of the launch of adult-use sales that may take another year to implement.

At a meeting of the House Health & Human Development Committee on Wednesday, members took public testimony and then voted to pass the reform legislation from Rep. Ed Osienski (D).

The bill would make a series of changes to Delaware’s medical cannabis program, including removing limitations for patient eligibility based on a specific set of qualifying health conditions. Instead, doctors could issue marijuana recommendations for any condition they see fit.

Osienski, who also sponsored a pair of complementary adult-use legalization and regulation bills that Gov. Jay Carney (D) allowed to become law without his signature last year, said on Wednesday that the medical cannabis legislation will allow the program “to be more successful as the state moves forward with recreational sales, and to make it less expensive and easier for patients to access medical marijuana.”

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