Tag: the war on (some) drugs

Oklahoma Senators Approve Bill To Protect Second Amendment Rights Of Medical Marijuana Patients

Lawmakers in Oklahoma this week advanced a bill aimed at protecting gun rights of state-registered medical marijuana patients, although federal law still bars cannabis users from owning firearms regardless of their patient status.

The Senate Committee on Public Safety unanimously passed the measure, SB 39, from Sen. Julie Daniels (R), on Wednesday with a vote of 6-0. If it’s enacted, the legislation would specify that applicants for state-issued handgun licenses would not be disqualified merely for being a medical marijuana patient.

It states that “an applicant shall not be considered ineligible solely on the basis of being a lawful holder of a medical marijuana patient license” and also makes a medical marijuana exception around disqualifications for “any violation relating to illegal drug use or possession.”

Yet another provision in the bill says that “nothing in this section shall be construed to allow the Oklahoma State Bureau of Investigation to deny an otherwise qualified applicant from obtaining a handgun license pursuant to the Oklahoma Self-Defense Act solely on the basis of the applicant being a lawful holder of a medical marijuana patient license.”

Ahead of the vote at Wednesday’s hearing, Daniels pointed out that courts across the nation are increasingly pushing back against the notion that merely using marijuana should deny them their Second Amendment rights.

“In recent years, the courts have all come down on the side that someone should not be denied a firearm license or be prosecuted for possession of a firearm solely because they use marijuana,” she told colleagues. “And in Oklahoma, of course, we have a medical marijuana program. So the point of this bill is to make clear that solely because you have a medical marijuana patient card does not mean that you should be automatically denied a firearm license.”

Carrying or using a shotgun, rifle or pistol while under the influence of marijuana—even if it was “obtained pursuant to a valid medical marijuana patient license”—would remain illegal if the drug affects someone “to a degree that would result in abnormal behavior,” the bill says.

The Oklahoma State Bureau of Investigations, for its part, said in a statement on Wednesday that it will abide by the new rules, if adopted.

“We respect the right of Oklahomans to legally have firearms,” the agency said, according to local ABC affiliate KOCO News 5, which first reported the committee’s passage of the bill. “We will work with new laws passed by the legislature.”

As for the federal law against gun ownership by marijuana users, a federal appeals court panel earlier this month dismissed a three-year prison sentence against a person convicted for possession of a firearm while being an active user of marijuana, ruling that the federal government’s prohibition on gun ownership by drug users is justified only in certain circumstances—not always.

The U.S. Court of Appeals for the Eighth Circuit said in the opinion that while not all disarmament of drug users violates the Second Amendment, it nevertheless sometimes can.

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Kansas Republicans Reject Amendment To Grant Terminally Ill Patients The Right To Try Medical Marijuana

A Senate Democrat unsuccessfully attempted to insert “medicinal cannabis” among treatments allowed under a bill meant to broaden Kansans’ access to experimental drugs.

Democratic Sen. Cindy Holscher, who introduced Wednesday the amendment that would have legalized medicinal cannabis for terminally ill patients, later emphasized her intention was not to create a public medical marijuana program.

“I think most of you realize I would not bring something of that magnitude to an important bill like SB 250,” said Holscher, of Overland Park, Wednesday evening. “That amendment, rather, was to mirror what was approved by President Trump in the Right to Try Act, which is a very defined, narrow scope only for terminally ill patients.”

Senate Bill 250, introduced and carried on the Senate floor by Eudora Republican Sen. Beverly Gossage, would create the Right to Try for Individualized Investigative Treatments Act. Investigational treatments can also be referred to as experimental drugs, according to the U.S. Food and Drug Administration.

The bill would permit people who are unable to find relief from rare, life-threatening or debilitating conditions to access individualized, genetics-based medical treatment. The drug trial evaluation system in the U.S. is designed to evaluate medications meant to help larger populations, leaving behind drugs that can be individually tailored to a patient’s unique genetic makeup, Gossage said.

“Individualized treatments are being pioneered in the U.S. and abroad, but often patients in the U.S. travel thousands of miles,” she said.

The bill passed the Senate and is awaiting approval in the House.

Holscher supported the bill as a whole but voiced concerns.

“I don’t want to give people false hope,” she said, “yet I certainly would not stand in the way of a parent or individual trying to get medical help for a family member.”

Her amendment added medicinal cannabis to the list of treatments allowed under the definition of individualized investigative treatment.

Cannabis “has been found to have proven benefits for those with life-threatening or debilitating diseases,” Holscher said.

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Doctors Supporting Marijuana Rescheduling File Lawsuit Calling For DEA Witness Selection Redo Over Alleged Unlawful Conspiracy With Reform Opponents

A non-profit organization of pro-marijuana reform doctors has filed a brief in a federal appeals court arguing that new evidence has surfaced demonstrating that the Drug Enforcement Administration (DEA) carried out an “arbitrary and capricious review” of witnesses for hearings on the ongoing cannabis rescheduling process that should now be redone.

The group is alleging that there’s “substantial evidence” of procedural violations committed by DEA leadership during the witness selection process—including previously unreported unlawful ex parte communications with certain parties, most of whom oppose the rescheduling proposal.

The suit from Doctors for Drug Policy Reform (D4DPR)—filed with the U.S. Court of Appeals for the District of Columbia Circuit on Monday—comes amid an indefinite delay of the DEA administrative hearings on the Biden administration-initiated proposal to move cannabis from Schedule I to Schedule III of the Controlled Substances Act (CSA).

At issue in the legal challenge is the fact that then-DEA Administrator Anne Milgram selected just 25 of more than 160 applicants that sought to provide input on the rescheduling proposal.

According to attorneys represented by D4DPR, which was among the groups denied designated participant status for the hearings, there’s substantial evidence that DEA’s ex parte communications were “motivated by the impermissible goal of creating an evidentiary record that would allow it to reject the proposed rule to reschedule marijuana.”

“The Agency gave no reasons for selecting only 25 participants or why it selected particular applicants,” the lawsuit says. “The Agency’s failure to explain the reasons for its selections warrants vacatur and remand with instructions to redo the selections.”

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Grand jury recommends Alabama police department be ‘immediately abolished’

An Alabama grand jury has recommended that a city’s police department be “immediately abolished,” finding there is a “rampant culture of corruption,” officials said Wednesday while announcing the indictment of five of the agency’s officers, including its police chief.

Five Hanceville police officers were arrested and charged amid a probe into the department, Cullman County District Attorney Champ Crocker said. The spouse of one of the officers was also charged, he said.

“This is a sad day for law enforcement, but at the same time, it is a good day for the rule of law,” Crocker said during a press briefing on Wednesday.

Crocker provided limited details on the case. Though the investigation encompassed the department’s evidence room and the death of a Hanceville dispatcher, 49-year-old Christopher Michael Willingham, who was found dead from a toxic drug combination at work, officials said.

The Cullman County grand jury found that the Hanceville Police Department has “failed to account for, preserve and maintain evidence and in doing so has failed crime victims and the public at large,” making the evidence “unusable,” Crocker said.

The grand jury further found that Willingham’s death was “the direct result of the Hanceville Police Department’s negligence, lack of procedure, general incompetence and disregard for human life,” Crocker said.

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Medical Marijuana Helps Mothers Be ‘More Present Parents’ And Develop ‘Positive Relationships With Their Children,’ Study Finds

New government-funded research out of New Zealand finds that mothers who were able to access medical marijuana reported that cannabis improved their quality of parenting by allowing them to more effectively manage health conditions and tolerate the stress of caring for children.

At the same time, study participants reported persistent obstacles, such as the high cost of legal products and ongoing stigma and legal risks.

The new report, published this week in the journal Drug and Alcohol Review, drew from interviews with 15 mothers who used medical cannabis (MC) obtained either through prescriptions, the illicit market or both during the past year. They were asked about use in general, their conversations with children, societal stigma and risks.

“Mothers reported MC as an important facilitator of their ability to positively parent their children,” the study found, “enabling them to manage their own health needs (i.e., anxiety, endometriosis and arthritis).”

Mothers also reported feeling that “managing their health with MC allowed them to be more present parents and better tolerate the stressors of motherhood,” wrote authors at Massey University in Auckland.

The mothers were recruited for the survey from a larger group of 38 participants who were part of a larger project around women’s relationship with medical marijuana. They were interviewed one-on-one either in person or via an online video call.

“Participants felt that being able to manage their physical pain and mental distress with [medical cannabis] meant they were in a better mood and more present.”

Nearly half the mothers who participated (46.6 percent) said they primarily smoked marijuana, while smaller proportions reported using edibles (40 percent), oils (26.6 percent), vaporization (20 percent), tea (6.7 percent) and topicals (6.7 percent).

Most obtained marijuana through the unregulated, illegal market (53.3 percent), while a third of participants (33.3 percent) reported accessing both prescription and illicit products. Only two mothers (13.3 percent) said they used exclusively prescription products.

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CBD Could Effectively Treat Common Vaginal Infections, Study Concludes

Newly published research on cannabidiol (CBD) suggests that the popular marijuana component could be a promising treatment for a common type of vaginal infection.

The report focuses on the bacterium Gardnerella vaginalis, which is found naturally in the vagina but can also cause vaginosis when out of balance with other microbes. In laboratory tests, CBD demonstrated antibacterial and antioxidant effects that weakened G. vaginalis and eliminated communities of the bacteria known as biofilms.

“Our study shows that CBD exhibits antibacterial and antibiofilm activities against G. vaginalis clinical isolates,” the new paper says, “and is thus a potential drug for the treatment of vaginosis caused by this bacterium.”

The article was published this month in a special issue of the journal Antibiotics dedicated to “Antimicrobial and Antibiofilm Activity by Natural Compounds.” It was authored by a four-person team from The Hebrew University of Jerusalem and Hadassah-Hebrew University Medical Center, also in Jerusalem, Israel.

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Wisconsin Governor Puts Marijuana Legalization In Budget Request, Along With Provisions To Regulate Hemp-Derived THC

The governor of Wisconsin has once again included a proposal to legalize marijuana in his biennial budget request.

“Legalize, regulate, and tax the sale of marijuana for recreational use, much like Wisconsin already does with alcohol,” a budget brief that the office of Gov. Tony Evers (D) released on Tuesday says, adding that it will result in “$58.1 million in revenue in fiscal year 2026-27 and growing amounts in future years.”

Under current Wisconsin law, cannabis is illegal for both recreational and medical purposes.

The governor’s proposal would additionally “create a process for individuals serving sentences or previously convicted of marijuana-related crimes to have an opportunity to repeal or reduce their sentences for nonviolent minor offenses.”

“The Governor further recommends the imposition of a 15 percent wholesale excise tax and a 10 percent retail excise tax on the sale of marijuana for recreational use by department-issued permit holders,” it says.

Identical bills to facilitate the budget requests have been filed in both the Senate and Assembly.

In addition to legalizing cannabis for adult use, Evers is proposing to include delta-8, delta-10 THC and other intoxicating hemp-derived cannabinoids in the definition of marijuana to “ensure their production, processing and sale is regulated and not available to individuals under 21.”

Further, the governor is calling for the the Department of Revenue the enter into agreements with tribal territories “for the refund to tribes of marijuana excise taxes estimated to be collected from sales on tribal lands,” similar to current policy with tobacco products.

The companion bills that were filed in tandem with the governor’s budget request stipulate that all revenue collected from the proposed cannabis taxes will be deposited into the state general fund.

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Idaho Lawmakers Send Bill Creating A Mandatory Minimum Fine For Marijuana Possession To Governor’s Desk

The Idaho Senate voted 27-8 on Tuesday to pass a bill creating a mandatory minimum fine of $300 for simple marijuana possession.

Passing the Senate was the final legislative hurdle for the bill. The Idaho House of Representatives already voted 54-14 to pass the bill January 21.

House Bill 7 next heads to Gov. Brad Little’s (R) desk for final consideration. Once it reaches his desk, Little will have three options. He can sign it into law, he can allow it to become law without his signature or he can veto it.

If the bill becomes law it would take effect July 1.

House Bill 7 was co-sponsored by Sen. Brandon Shippy, R-New Plymouth. If passed into law, it would create a mandatory minimum fine of $300 for anybody 18 and over convicted of possessing less than 3 ounces of marijuana—in addition to any other penalties allowed by law.

Supporters of the bill said it is a way to be tough on marijuana and differentiate Idaho from its neighboring states.

Most of Idaho’s neighboring states allow for the recreational or medical use of cannabis. Oregon, Washington, Nevada and Montana allow the recreational sale and possession of cannabis, while Utah offers medical cannabis.

“Not long ago, marijuana was illegal in all 50 states,” Shippy said. “In not one state where marijuana is legalized has that state become a better, safer or more wealthy place to live and raise a family.”

Some opponents of the bill argued against creating a mandatory minimum fine, saying it removes discretion that judges and prosecutors exercise on a case-by-case basis.

The bill is similar to a failed bill from last year, House Bill 606, which would have created a mandatory minimum fine of $420 for marijuana possession.

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Sell Flavored Tobacco in Massachusetts, Go To Jail

In 2022, I wrote an article for Reason predicting that it was only a matter of time before selling flavored tobacco products landed an American behind bars. Almost three years later, that day has arrived in Massachusetts. According to a press release from the Middlesex district attorney and the Department of Revenue, the owner of a Marlborough vape shop has pleaded guilty to three counts of attempted tax evasion arising from the sale of e-cigarettes brought in from across state borders. He was sentenced to serve six months in the House of Correction and five years probation.

In 2020, Massachusetts became the first state to implement a comprehensive ban on all flavored tobacco products, including menthol cigarettes and flavored e-cigarettes. Violation of the flavor ban is only a misdemeanor, but since flavored tobacco products are sold on the illicit market, sellers simultaneously violate state tax law. This brings much harsher penalties into play. In Massachusetts, evading taxes on tobacco products is a felony punishable by up to five years in prison.

Criminal justice reformers have warned for years that flavor bans would encourage illicit markets, creating felony crimes in the process. For example, a 2021 coalition letter signed by groups such as the American Civil Liberties Union and National Association of Criminal Defense Lawyers warned that a federal menthol ban would create “a massive law enforcement problem for states, counties, and cities since all states treat unlicensed sale of tobacco products as a crime—usually as a felony punishable by imprisonment.”

This is a prescient description of how the comprehensive flavor ban in Massachusetts is working out. The latest annual report from the state’s Multi-Agency Illegal Tobacco Task Force (published in February 2024) notes: “Field personnel are routinely encountering or seizing untaxed menthol cigarettes, originally purchased in other states, and flavored ENDS [electronic nicotine delivery systems] products and cigars purchased from unlicensed distributors operating both within and outside the Commonwealth. Without providing too much detail about the processes and methods of Task Force enforcement strategies, smugglers are developing more sophisticated smuggling operations to counter the Task Force’s targeted investigations.” 

These annual reports document law enforcement activity directly related to the flavor ban. Massachusetts has seized so much contraband tobacco and so many e-cigarettes that the state struggles to find the capacity to store it all. There are many instances of individuals arrested for possessing allegedly commercial quantities of menthol cigarettes or flavored e-cigarettes, with some of these cases referred for prosecution.

The Marlborough case is one of the first, if not the first, to resolve with a guilty plea and criminal sentence. The defendant is 62-year-old Ashraf Youssef, who owned AAA Smoke and Vape Shop. According to prosecutors, he “routinely” purchased e-cigarettes from out-of-state distributors between 2020 and 2022, evading $467,000 in excise taxes. In high-tax states like Massachusetts, there are obviously financial reasons to smuggle products from other jurisdictions, but the prohibition on flavored products offers additional motivation.

The Massachusetts flavor ban took effect in 2020, and minutes from a 2022 Marlborough Board of Health meeting note multiple instances of Youssef’s shop selling flavored products. In December of 2021, for example, a “Tobacco Control Manager stopped at the establishment, witnessed the sale of flavored tobacco products, and found 300 disposable flavored vapes.” And in March of 2022, “The Marlborough Police Department was sent to investigate suspicious activity in the parking lot of AAA Smoke & Vape. They determined the business has a car parked outside where patrons can walk up & purchase flavored vape products for cash.”

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Psychedelic use linked to reduced distress, increased social engagement in autistic adults

A recent study has found that some autistic adults report lasting improvements in their mental health and social lives after using psychedelic drugs. The research, published in the journal Psychopharmacology, revealed that a significant number of autistic individuals attributed reductions in distress and social anxiety, along with increased social engagement, to a single, impactful psychedelic experience. However, the study also highlighted that a minority of participants experienced negative effects, emphasizing the need for caution and further research in this area.

There is a growing interest in the potential of psychedelic drugs to treat various mental health conditions, such as depression and post-traumatic stress disorder, in the general population. Autism spectrum disorder, a developmental condition characterized by challenges in social interaction and communication, as well as repetitive behaviors, often co-occurs with mental health difficulties. Autistic individuals are known to experience higher rates of anxiety, depression, and loneliness, and often report a lower quality of life compared to non-autistic people.

While psychedelics are being explored as therapies for mental health in broader populations, there is very little scientific understanding of how these substances affect autistic individuals specifically. Some anecdotal accounts suggested that psychedelics might be helpful for autistic people, potentially by improving their understanding of themselves and their emotions, but rigorous research was lacking. The new study aimed to investigate the experiences of autistic adults who have used psychedelics and to understand if they perceived any changes in their mental health and social abilities as a result.

To conduct their investigation, the researchers used an online survey to gather information from adults who identified as autistic. Participants were recruited through advertisements on social media platforms, online forums related to psychedelics and autism, and by collaborating with an organization called the Autistic Psychedelic Community. The advertisements were carefully worded to encourage participation from individuals with both positive and negative psychedelic experiences. To be included in the study, participants had to be at least 18 years old, fluent in English, and either have a formal diagnosis of autism from a healthcare professional or self-identify as autistic. They also needed to have used a psychedelic substance at least once in their lives.

A total of 284 people completed the survey. For their analysis, the researchers focused on 233 participants who reported that their most ‘impactful’ psychedelic experience involved a classic psychedelic drug, such as lysergic acid diethylamide (LSD) or psilocybin (the active compound in magic mushrooms). The other participants who were excluded from the main analysis had reported that their most impactful experience was with substances like MDMA, cannabis, or ketamine.

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