Tag: the war on (some) drugs

Pennsylvania District Attorney Sues Federal Government Over Gun Ban For Medical Marijuana Patients

A Pennsylvania district attorney and gun rights advocates have filed a lawsuit in federal court seeking to overturn the ban preventing medical marijuana patients from buying and possessing firearms—the latest in a series of legal challenges to the policy.

Warren County, Pennsylvania District Attorney Robert Greene, a registered medical cannabis patient in the state, teamed up with the Second Amendment Foundation (SAF) to file suit against the federal government in the U.S. District Court for the Western District of Pennsylvania on Tuesday.

This comes as the question over the constitutionality of the federal gun ban for people who use marijuana is now before the U.S. Supreme Court, which is considering taking up the issue.

The new lawsuit names U.S. Attorney General Merrick Garland, as well as the heads of the FBI and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as defendants. This represents what the lead attorney for the plaintiffs believes to be the first civil, rather than criminal, challenge to the federal statute.

Greene’s participation in the case is especially notable. The court filing states that the local prosecutor “intends to lawfully purchase, possess, and utilize firearms and ammunition so that he may exercise his constitutional right to keep and bear arms for self-defense and all other lawful purposes.” But he’s barred from doing so under federal statute because of his status as a state-certified medical cannabis patient.

The prosecutor announced late last month that he will not be seeking re-election and will be turning his focus to advocacy on medical cannabis patient rights issues.

Unlike the various previous court cases challenging the constitutionality of the gun ban for plaintiffs who have been criminally prosecuted, with a civl suit like this, “you’re looking at a challenge on behalf of people that are just asserting that this prohibition is unconstitutional, either on its face or as applied—’as applied’ meaning to that individual only,” Adam Kraut, lead attorney for the plaintiff and executive director of SAF, told Marijuana Moment on Tuesday.

“What I’m hoping is not only to win in our lawsuit, but that it sparks the federal Congress to do something and solve this problem because you have millions of Americans who are disenfranchised from their Second Amendment rights, being forced to choose either between treating their symptoms with medical marijuana or exercising their constitutionally guaranteed right,” he said. “That’s not an acceptable.”

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State Agriculture Departments Across U.S. Push Congress To Triple The THC Limit For Hemp As 2024 Priority

The National Association of State Departments of Agriculture (NASDA) is calling on Congress to increase the THC limit for legal hemp as one of their 2024 policy priorities.

As lawmakers resume work on the next iteration of the Farm Bill, the group representing state agriculture officials in 50 states and four U.S. territories is aligning itself with hemp industry stakeholders, urging Congress to more than triple the THC threshold for hemp from the current limit of 0.3 percent THC by dry weight to 1 percent.

“Increasing the THC concentration to one percent would enable farmers to plant more seed varieties,” NASDA said in a one-pager describing its 2024 Farm Bill asks. “This action also retains limits on THC concentration while giving farmers greater assurance their crop will be viable.”

It’s one of five key policy areas for the legislation that the association says it will be focusing on this year. NASDA CEO Ted McKinney said in a press release on Monday that members “see urgent need for action in these areas to support farmers and ranchers in their ability to grow our nation’s food, fiber and fuel.”

“Further, we believe these are the areas where state departments of agriculture are uniquely positioned to champion policy solutions this year,” he said.

The 0.3 percent THC limit for hemp that was imposed under the 2018 Farm Bill that federally legalized the crop has long been subject to criticism from stakeholders and lawmakers across the aisle. And one Justice Department researcher recently called into question the rationale for the restriction, suggesting it was arbitrarily decided based on a 1950s-era article that was adopted into federal statute.

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Praying to a HIGH-er power! Inside the boom in psychedelic churches where former Republican senators, bankers and Mormons organize shroom and Ayahuasca ceremonies for thousands of Americans to connect with God

SWAT teams and helicopters descended on a ranch in Joshua Tree, California, following reports of a bloodcurdling scream.

When they arrived, the lights were out, smoke was coming out of the door, and a row of bodies lay strewn across the cabin floor, seemingly lifeless.

Agents thought it was the scene of a mass homicide.

To their great relief, it was merely one of America’s rapidly proliferating psychedelic churches, caught in the midst of a particularly intense Ayahuasca ceremony.

‘The officers just looked at us like we were a bunch of hippies stuffing crystals up our asses,’ says Colette Close, co-founder of the church, Hummingbird, who regales the story. 

‘They came in, did a wellness check and took off…Most cops have better things to do.’

Hummingbird is part of a global boom in people turning to hallucinogenic drugs in search of spiritual enlightenment, including NFL star Aaron Rodgers, actor Will Smith and Prince Harry.

Taking these substances – even for therapeutic purposes – remains illegal in most of the US, despite clamor for decriminalization.

But tens of thousands of Americans now say it is a sacrament that brings them closer to God – and that this religious freedom is protected in law.

It is thought anywhere between 200 to 2,000 psychedelic churches now exist across the US, from states with liberal drug laws such as California and Oregon, to resolutely conservative ones including Utah and Alabama.

Most are informal, underground networks, but some have public profiles and charge membership fees in exchange for drugs.

The majority are nomadic, hiring out retreats or Airbnbs in remote areas to avoid scrutiny, but some occupy permanent buildings in the mode of traditional churches.

Psychedelic preachers include a queer ‘Mushroom Pope’ in San Francisco and a former Mormon and Republican senator in Utah, while worshippers range from QAnon conspiracists to west coast hippies.

Some believe in a God, some do not.

But they all have one thing in common: they pray to a higher power.

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Correcting The Record On Marijuana Prisoners Left Behind By Biden’s Pardons

On October 6, 2022, President Joe Biden issued a historic general pardon for all previous crimes of simple marijuana possession in violation of federal law and the D.C. Code, both of which are misdemeanors. A few weeks ago, the president extended the general pardon to cover offenses for marijuana use and attempted simple possession, which are also misdemeanors.

In all likelihood, the most important part of the president’s October 2022 action wasn’t the general pardon, but instead his ordering an administrative review of marijuana’s treatment under the federal government’s master drug scheme, the Controlled Substances Act. As just confirmed last week, the U.S. Health and Human Services Department’s scientific evaluation supports rescheduling marijuana—from a federal regime of absolute prohibition (Schedule I) to one of medical prescription pursuant to federal regulations (Schedule III)—which is now under final review by the Drug Enforcement Administration.

Over the course of more than a year, President Biden has touted his general pardon as an example of “keeping my promise” on campaign pledges to decriminalize marijuana, to free incarcerated marijuana offenders and to expunge marijuana convictions. “My Administration has taken action,” a 2023 executive order claimed, to “correct our country’s failed approach to marijuana.”

Certainly, President Biden has made a bolder statement on marijuana reform than any voiced by his predecessors—save perhaps President Jimmy Carter, whose 1979 call for marijuana decriminalization went unheeded. The Biden administration deserves a lot of credit for the general pardon, the prospect of administrative rescheduling and other steps in support of reform. Indeed, just describing prohibition as “America’s failed approach to marijuana” is historically meaningful.

But let’s be clear: None of the administration’s actions has released a single marijuana offender from prison.

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AlphaFold found thousands of possible psychedelics. Will its predictions help drug discovery?

Researchers have used the protein-structure-prediction tool AlphaFold to identify1 hundreds of thousands of potential new psychedelic molecules — which could help to develop new kinds of antidepressant. The research shows, for the first time, that AlphaFold predictions — available at the touch of a button — can be just as useful for drug discovery as experimentally derived protein structures, which can take months, or even years, to determine.

The development is a boost for AlphaFold, the artificial-intelligence (AI) tool developed by DeepMind in London that has been a game changer in biology. The public AlphaFold database holds structure predictions for nearly every known protein. Protein structures of molecules implicated in disease are used in the pharmaceutical industry to identify and improve promising medicines. But some scientists had been starting to doubt whether AlphaFold’s predictions could stand in for gold standard experimental models in the hunt for new drugs.

“AlphaFold is an absolute revolution. If we have a good structure, we should be able to use it for drug design,” says Jens Carlsson, a computational chemist at the University of Uppsala in Sweden.

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Ohio Governor Pushes Lawmakers To Ban Or Limit Delta-8 THC Products

Ohio Gov. Mike DeWine (R) wants the state to either ban or regulate delta-8 THC products.

But since there’s nothing he can do administratively, he is urging lawmakers to do something in regards to intoxicating hemp products like delta-8.

“I would be very happy to have a ban,” DeWine said during a press conference, holding up packages of delta-8—one resembling Frosted Flakes, another looking like Cocoa Puffs and a third that looks like Trolli candy.

“It’s up to the legislature. If it is moved basically under the marijuana protocol, you wouldn’t see packaging like that…and I would be satisfied with that.”

Seventeen states have banned delta-8 and seven more have restrictions around it, according to the National Cannabis Industry Association.

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CDC Finds Youth Marijuana Use Fell In Washington State’s Largest County After Adult-Use Legalization

Marijuana use among teens in Washington State’s most populous county declined after legalization of cannabis for adults, according to a new federal study published on Thursday by the Centers for Disease Control and Prevention (CDC). The prevalence of current and frequent use fell significantly among youth in grades 8, 10 and 12 between 2008 and 2021.

According to the study, published in CDC’s latest Morbidity and Mortality Weekly Report, current and frequent use of marijuana among teens in King County has fallen significantly since state voters legalized adult-use cannabis by initiative in November 2012.

Researchers said legalization and related regulations and age controls could have have fueled the trend by making marijuana harder for teens to access, though they also said the COVID pandemic may have contributed to more recent declines.

Between 2008 and 2021, current use—defined as having used marijuana at least once in the past month—fell from highs of 20.4 percent among males (in 2010) and 15.5 percent among females (in 2012) down to 7.7 percent and 9.0 percent, respectively, in 2021.

“The legalization of nonmedical cannabis for adults aged ≥21 years in Washington with licensed dispensaries requiring proof of age might have affected availability of cannabis to younger persons as well as their opportunities to engage in its use,” the CDC report says. “This, in turn, might have had an impact on use prevalence.”

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Missouri Courts Ask For $3.7 Million To Continue Expunging Past Marijuana Convictions

Missouri circuit courts have cleared more than 100,000 marijuana charges from people’s criminal records so far—a mandate that was a big selling point for those who voted to pass the constitutional amendment that legalized recreational marijuana in 2022.

However, court officials say it’s hard to determine how many more charges are left because many court records are not digitized.

Missouri court officials are set to request another $3.7 million to complete marijuana expungements in the coming budget year, making their case Wednesday to a House appropriations committee.

By law, any revenue the state collects from taxes on recreational marijuana sales, along with fees the businesses pay, must first go towards the state’s costs of regulating the program. Then it goes to expenses incurred by the court system for expunging certain marijuana offenses from people’s criminal records.

Last year lawmakers signed off on $4.5 million for state courts to pay their employees overtime or to hire temp workers to complete the massive number of expungements required by law. They approved an additional $2.5 million in a supplemental budget on May 5.

Circuit courts must request funds to reimburse their expenses for completing expungements from the Circuit Court Budget Committee, which oversees the special assistance program.

So far, the committee has given $4.2 million to the county courts, said Beth Riggert, communications counsel of the Missouri Supreme Court. And the committee has allocated the funds to any circuit court that has requested it, she said.

“Some circuit courts have advised they have not requested special assistance funds because they did not have current court clerks willing or able to work overtime,” Riggert said, “and/or have been unable to find qualified individuals to provide special assistance because the analysis required is complicated and better done by experienced personnel, such as retired clerks.”

As of January 2, Missouri courts have granted 103,558 expungements. Out of all the counties, Greene County has received the most funding, nearly $940,000, and has completed the most expungements at 4,306.

After Greene, the counties that have completed the most expungements are not necessarily the largest counties or the ones that have received the most money.

The second highest number is 3,515 from Laclede County, which has a population of 36,000. The county has received a little more than $35,000 from the special assistance program.

In third place is St. Louis County, the state’s largest county with more than a million people, where court officials have processed 3,479 expungements. The county has received just over $135,000. The court has reviewed 11,300 files, a spokesman for the 21st Circuit Court said.

Franklin County, which has a population of 104,000, is fourth, completing 3,200 expungements and receiving about $53,000. Franklin is just ahead of Jackson County, which has a population of 717,000. Jackson has completed 2,900 and received nearly $195,000.

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Parole denied for 68-year-old in Alabama: ‘A life sentence for growing marijuana’

Leon Hotchkiss, now 68, remains behind bars in Alabama, spending decades imprisoned for growing pot.

Authorities seized about five and half pounds of the plant on his property in Baldwin County, allowing authorities to charge him under the state’s marijuana trafficking law.

In 2013, Hotchkiss was sentenced to spend the next 40 years in prison.

And when he came up for parole in February, after serving a decade, the three-member Alabama parole board voted to keep him there.

The board set his next hearing in 2028 – the furthest they could push it back. He’ll be 73.

Today, Hotchkiss is incarcerated at the Loxley Community Work Center, although he spends most days outside the lockup. Each morning, he is dropped off at his job at a Fairhope boat dealership.

Jody Cullifer recently retired from the dealership, but he’s the person who secured the job for Hotchkiss. He said he had trouble finding a person to wash the boats, so he called the prison and asked if they had anyone who could do the job and provide general maintenance. They sent Hotchkiss.

On Hotchkiss’s first day, Cullifer explained the job. “He picked up really quick… and did a phenomenal job,” he said.

Cullifer called Hotchkiss a good worker and a trustworthy employee, and said the bosses gave him his own key to the dealership. That way, Hotchkiss could let himself inside in case the prison van dropped him off too early in the morning.

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NJ looks to make magic mushrooms legal for recreational use and to treat mental health

It took at least five years of public debate, lobbying and bill amendments for New Jersey to make marijuana legal for recreational use in 2021. Now the state may do the same with psychedelic mushrooms — but much faster.

After it was pulled back for revisions late last year, a bill was reintroduced in the state Senate last week that sets up a legal framework for the manufacture and sale of products containing psilocybin — the chemical in magic mushrooms that produces a hallucinogenic effect.

The bill would decriminalize the use of psilocybin by anyone over 21 and expunge past and pending offenses involving the drug.

Although language in the bill, called the “Psilocybin Behavioral Health Access and Services Act,” is centered around mental health, its provisions would decriminalize recreational use. Anyone 21 or older could “possess, store, use, ingest, inhale, process, transport” 4 grams or less of psilocybin.

Unlike with marijuana, residents would be allowed to grow their own mushrooms for personal use in their homes under the bill.

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