“We need to have a conversation about whether a criminal justice response is the appropriate one, so this is a first step to try and get us there.”
By Hannah Gaskill, Maryland Matters
House and Senate lawmakers are making another attempt this session to limit criminal penalties for Marylanders who use illicit drugs.
House Judiciary Committee Vice Chair David Moon (D-Montgomery) and Sen. Jill P. Carter (D-Baltimore City) are support legislation to move first and second offenses for the possession of small quantities of controlled dangerous substances to civil rather than criminal offenses.
”Lowering penalties for possession of amounts of drugs too small to merit consideration in a court of law would bring our criminal justice system into the 21st century,” Jennifer Mendes Dwyer, deputy executive director of Progressive Maryland, said in a statement Tuesday.
During a House Judiciary Committee hearing on Tuesday, Moon said the legislation is an “attempt to codify some personal use amount limit.” But he’d prefer it if lawmakers focus on the idea that a public health response is better than a carceral response for low-level, non-violent possession cases.
“We need to have a conversation about whether a criminal justice response is the appropriate one, so this is a first step to try and get us there,” Moon said.
If enacted, House Bill 1054 and Senate Bill 784 would impose fines and require referrals for drug and mental health treatment for convictions of possession of less than:
10 grams of cannabis;
Two grams of cocaine;
1.5 grams of crack;
One gram of heroin;
One gram or five tablets of ecstasy;
40 tabs of LSD;
40 doses of methadone;
Two grams of meth; or
40 tablets of oxycodone.
Penalties for first offense convictions for possession of those amounts would be subject to a $100 fine. Second offenses would be punishable by a $150 fine, excluding cannabis.
A third conviction for 10 grams or less of cannabis would be punishable by a $200 fine and mandatory enrollment in a drug education program and a mental health and drug abuse assessment.
Referrals to these programs would be mandatory for first and second convictions of small quantities of the remaining controlled dangerous substances.
Moon attempted to usher this policy through the legislature during the 2021 regular session, but it died in the House Judiciary Committee.
Under current law, possession of these drugs of any amount—excluding cannabis—is punishable by:
One year imprisonment and a $5,000 fine for the first offense;
18 months imprisonment and a $5,000 fine for the second or third offense; and
Two years imprisonment and a $5,000 fine for any subsequent convictions.
Elizabeth Hilliard, a public defender, told House lawmakers that a shift in policy would “[encourage] us to view drug use as the public health crisis it is. We cannot jail away these problems, we cannot incarcerate away these problems.”
Thomas Highdon, representing the Recovery Advocacy Project and the People’s Commission to Decriminalize Maryland, told the Senate Judicial Proceedings Committee of his own struggle with addiction.
Highdon said that he developed a drinking problem in his twenties which eventually led to a “full-blown crack cocaine addiction” lasting two decades.
“While crack addiction was terrible—and let me tell you, it is as terrible as people make it out to be—what was worse was the policies in place that I had to deal with,” he said.
According to Highdon, his interactions with the justice system only made it more difficult to enter into and sustain recovery because of the discrimination in housing and employment that came with incarceration.
Senate Judicial Proceedings Committee Chair William C. Smith Jr. (D-Montgomery) asked why the focus should be on decriminalization of these quantities of drugs, which he said seemed like a lot.
Communities United representative Shaquille Carbon, who grew up in a family that used and sold drugs, said “with absolute certainty” that “these are definitely 100% in line with what people who are users buy.”
“This is not really consistent with what drug dealers would have in a stash … or typically have in a car,” Carbon said.
Highdon asked the committee if any of them drink alcohol.
“[W]hen you go to the liquor store, you purchase more than you are going to consume in that one sitting,” he said. It’s the same with drugs, he continued.
Testifying in opposition to the legislation was Baltimore County Assistant State’s Attorney and representative of the State’s Attorneys’ Association, John Cox.
He said that there are “benefits” to using arms of the criminal justice system as a means to get treatment, including drug court.
“This is basically the equivalent of a traffic ticket,” Cox said. “You don’t even have to go to court.”
Moon and Carter also introduced for the third time legislation to decriminalize the possession of syringes, hypodermic needles and any other tools used to introduce drugs into the body intravenously.
If enacted, the legislation would also reduce the penalty for possession of such drug paraphernalia from a maximum of four years in prison and a $25,000 fine to one year in prison and a $1,000.
That bill passed out of the House Judiciary Committee last week along party lines and was heard on the House floor Tuesday with no discussion.
It still needs final approval in the House before it’s passed along to the Senate.
The Senate version has yet to come up for a vote in the Judicial Proceedings Committee.
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A key Pennsylvania Senate committee on Monday held the last of three scheduled hearings on marijuana legalization, taking testimony that’s designed to help inform a forthcoming reform bill that the panel’s chairman is actively drafting.
The Senate Law and Justice Committee meeting involved testimony from cannabis reform advocates, former regulators from other states and industry stakeholders.
Sen. Mike Regan (R), who chairs the panel, circulated a cosponsorship memo last year along with Rep. Amen Brown (D) to build support for the reform, and these meetings are designed to give lawmakers added context into the best approach to legalization for the state.
“Legalization of adult-use marijuana is a complex and obviously controversial issue,” Regan said at the end of Monday’s discussion. “We are grateful for the many perspectives, personal experiences and opinions we have received. To all my colleagues on the committee, thank you for your continued participation. I look forward to working together on this important issue for Pennsylvania.”
At an initial hearing last month, much of the discussion focused on whether creating a regulated market would be sufficient to eliminate illicit sales, how police would be affected and the impact on impaired driving.
The second hearing held late last month centered on varying tax structures and other regulatory approaches that have been created in states like Illinois and California.
While reform bills have been introduced in past sessions and the policy change has the support of Gov. Tom Wolf (D), this latest hearing marks only the third time a legislative panel has debated recreational legalization in the Republican-controlled Pennsylvania General Assembly.
JM Pedini, development director of NORML and executive director of Virginia NORML, spoke about regulatory models and said that in their capacity as a member of the Virginia Governor’s Marijuana Task Force, “one of our principle tasks was recommending the form and function of the new regulatory structure.”
“I can tell you, having examined this issue in many jurisdictions, the best model is one that utilizes a single, cannabis dedicated regulator,” they said, responding to the idea that the existing medical marijuana program and a new adult-use one could instead be controlled by differing regulatory bodies. “This was the recommendation we made in Virginia based on an examination of best practices in several jurisdictions. And based on that experience, I can confirm that Pennsylvania’s program exhibits the challenges presented when a cannabis regulator is cast into an existing department.”
These Pennsylvania hearings have provided a broad overview of the experiences in out-of-state markets, rather than specific legislative proposals like a bipartisan measure introduced last year by Sens. Dan Laughlin (R) and Sharif Street (D).
In the interim, Lt. Gov. John Fetterman (D), who is running for U.S. Senate this year, said one of his key goals in his final year in office is to ensure that as many eligible people as possible submit applications to have the courts remove their cannabis records and restore opportunities to things like housing, student financial aid and employment through an expedited petition program.
Pennsylvania lawmakers could also take up more modest marijuana reform proposals like a bill filed late last year to expand the number of medical marijuana cultivators in the state, prioritizing small farms to break up what she characterized as a monopoly or large corporations that’s created supply problems.
Philadelphia voters also approved a referendum on marijuana legalization in November that adds a section to the city charter saying that “the citizens of Philadelphia call upon the Pennsylvania General Assembly and the Governor to pass legislation that will decriminalize, regulate, and tax the use, and sale to adults aged 21 years or older, of cannabis for non-medical purposes.”
Wolf, the governor, said last year that marijuana legalization was a priority as he negotiated the annual budget with lawmakers. However, his formal spending request didn’t contain legislative language to actually accomplish the cannabis policy change.
An attempt to provide protections for Pennsylvania medical marijuana patients from being charged with driving under the influence was derailed in the legislature last year, apparently due to pushback by the state police association.
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A Connecticut legislative committee on Monday discussed a bill that would set the state up to provide certain patients with access to psychedelic-assisted treatment with substances like MDMA and psilocybin. Former top military officials, advocates and scientists testified in favor of the proposal.
The joint Public Health Committee took oral and written testimony on HB 5396, which would create a psychedelic treatment centers in the state, pending approval of the substances by the federal Food and Drug Administration (FDA) under its expanded access program for investigational new drugs.
The bill would not legalize the psychedelics; rather, it would set up regulatory infrastructure to enable Connecticut to play a leading role in providing access to this alternative treatment option as federal agencies continue to fund and facilitate clinical trials.
Psychedelic therapy would be specifically provided and funded for military veterans, retired first responders, health care workers and any person from a “historically underserved community, and who has a serious or life-threatening mental or behavioral health disorder and without access to effective mental or behavioral health medication.”
“I firmly believe that we have a duty, responsibility and, more than ever, an urgency to help…all those suffering from trauma to heal and move forward as productive members of our society,” retired Marine Lt. Gen Martin Steele said at the hearing. “I also believe we have failed to do so for a very long time. Reversing these trends require bold but thoughtful and strategic action.”
Meanwhile, Gov. Ned Lamont (D) signed a bill last year that includes language requiring the state to carry out a study into the therapeutic potential of psilocybin mushrooms. A workgroup has since been meeting to investigate the issue.
The new legislation would require the state Department of Mental Health and Addiction Services to launch a “psychedelic-assisted therapy pilot program to provide qualified patients with the funding” to receive MDMA- or psilocybin-assisted therapy as part of FDA’s expanded access program, the text of the bill states.
The pilot program would cease “when MDMA and psilocybin have been approved to have a medical use by the Drug Enforcement Administration (DEA), or any successor agency.” At that point, state statute on the substances would be aligned with the federal government’s.
In the interim, the bill would further establish a Qualified Patients for Approved Treatment Sites Fund (PAT Fund) to provide “grants to qualified applicants to provide MDMA-assisted or psilocybin assisted therapy to qualified patients under the pilot program.”
“Approved treatment sites shall collect and submit data to the Department of Mental Health and Addiction Services, including, but not limited to, its protocols for the provision of MDMA-assisted and psilocybin-assisted treatment, training on the facilitation of such treatment, implementation of facility standards, strategies for patient protection and mitigation of drug diversion.”
The bill would further create a Connecticut Psychedelic Treatment Advisory Board under the department. Legislative leaders and the governor would be empowered to appoint members of the board.
“The guiding rule here is: Let’s get the right treatment for the right patient at the right time,” Stephen Xenakis, a retired U.S. Army brigadier general, said at the hearing. “We need to have a broad array of services available—and now we have the capability to do that with the developments that have come in understanding the benefits that comes from MDMA and psilocybin and other such agents.”
The board would be tasked with making recommendation on the “design and development of the regulations and infrastructure necessary to safely allow for therapeutic access to psychedelic-assisted therapy upon the legalization of MDMA, psilocybin and any other psychedelic compounds.”
There would be seven key areas that the board would be responsible for advising the department on:
Reviewing and considering the data from the psychedelic-assisted therapy pilot program…to inform the development of such regulations
Advising the department on the necessary education, training, licensing and credentialing of therapists and facilitators, patient safety, harm reduction, the establishment of equity measures in both clinical and therapeutic settings, cost and insurance reimbursement considerations and standards of treatment facilities
Advising the department on the use of group therapy and other therapy options to reduce cost and maximize public health benefits from psychedelic treatments
Monitoring updated federal regulations and guidelines for referral and consideration by the state agencies of cognizance for implementation of such regulations and guidelines.
Developing a long-term strategic plan to improve mental health care through the use of psychedelic treatment.
Recommending equity measures for clinical subject recruitment and facilitator training recruitment
Assisting with the development of public awareness and education campaigns.
Former state Rep. Jesse MacLachlan (R), who now works at the advocacy group Reason For Hope, testified in favor of the legislation. He emphasized the need to “build a bridge of information, of infrastructure, and of more real world application of what this treatment looks like outside of the clinical trial.”
He said Connecticut needs “to be ready for when the FDA does approve MDMA in 2023 and psilocybin in 2024 because, when that happens and these therapies begin to enter the mainstream, there will be a there will be a deluge of patient intake.”
“Yes, we need more federal testing. Yes, we need a lot more information before it becomes something that is widely used,” Public Health Committee Co-chairman Jonathan Steinberg (D) said at the hearing. “But even then, we’re talking about a very narrow context. When I say ‘widely,’ it’s still a very small group of individuals for whom this would be an appropriate therapy, but only by our willingness to push the bounds are we going to find these kinds of options for people.”
Thomas Burr of the National Alliance on Mental Illness Connecticut said in written testimony that, “for too long Connecticut has seemingly been stuck with the standard treatment methods around mental health conditions, with correspondingly lackluster results.”
“We feel that it is far past time to study different, perhaps even unorthodox treatments, that show great promise,” Burr said.
Lynnette Averill of Baylor College of Medicine said in written testimony that the bill would allow Connecticut to “jump start their infrastructure building as MDMA and psilocybin both have a breakthrough therapy indication from the FDA and are expected to obtain approval within the next 2 years.”
It also “allows for [Connecticut] residents to perhaps receive urgently needed care who would otherwise be excluded. For example, many clinical trials exclude ‘complex’ patients as the psychiatric and medical co-morbidities, the medications, the chaotic lifestyles, etc. can ‘muddy’ the data some,” she said. “However, these people are in desperate need of effective interventions and this program would support these individuals in receiving care (of course, when screened and determined to be safe and appropriate to engage in the treatment).”
The news follows a meeting of the state’s Social Equity Council (SEC), where members approved a technical assistance plan for the cannabis industry that will involve outreach and providing resources to people interested in participating in the market. That plan’s finalization was a necessary condition to trigger the start of the licensing process under the legalization law signed by Gov. Ned Lamont (D) last year.
Among other agenda items, the 15-person group approved a list of geographic areas disproportionately impacted by the drug war, which will be used to determine eligibility for social equity business licenses. Under the state’s new cannabis law, half of all licenses must go to equity applicants, who may also qualify for lower licensing fees, technical assistance, workforce training and funding to cover startup costs.
As it stands, adults 21 and older are already able to possess up to 1.5 ounces of cannabis for personal use.
In the psychedelics space, reform is advancing in states across the country.
For example, the Washington State legislature last week sent a budget bill to the governor’s desk that includes a proposal to direct $200,000 in funding to support a new workgroup to study the possibility of legalizing psilocybin services in the state, including the idea of using current marijuana regulatory systems to track psychedelic mushrooms.
A bipartisan coalition of Georgia lawmakers recently filed a resolution that calls for the formation of a House study committee to investigate the therapeutic potential of psychedelics like psilocybin and make recommendations for reforms.
Last week, the Hawaii Senate approved a bill to set up a state working group to study the therapeutic benefits of psilocybin mushrooms and develop a “long-term” plan to ensure that the psychedelic is accessible for medical use for adults 21 and older.
Also last week, the Oklahoma House of Representatives passed a bill this week to decriminalize low-level possession of psilocybin and promote research into the therapeutic potential of the psychedelic.
Rhode Island lawmakers introduced a pair of drug decriminalization bills this month—including one focused on psilocybin and buprenorphine that would authorize doctors to prescribe the psychedelic mushroom.
A group of Maryland senators recently filed a bill that would create a state fund that could be used to provide free access to psychedelics like psilocybin, MDMA and ketamine for military veterans suffering from post-traumatic stress disorder (PTSD), while also supporting research into their therapeutic potential.
California Sen. Scott Wiener (D) told Marijuana Moment in a recent interview that his bill to legalize psychedelics possession stands a 50/50 chance of reaching the governor’s desk this year. It already cleared the full Senate and two Assembly committees during the first half of the two-year session.
Washington State lawmakers also introduced legislation in January that would legalize what the bill calls “supported psilocybin experiences” by adults 21 and older.
Legislation was also enacted by the Texas legislature last year requiring the state to study the medical risks and benefits of psilocybin, MDMA and ketamine for military veterans in partnership with Baylor College of Medicine and a military-focused medical center.
Michigan activists filed a statewide ballot initiative last month that would legalize possessing, cultivating and sharing psychedelics and set up a system for their therapeutic and spiritual use.
A pair of Michigan senators also introduced a bill in September to legalize the possession, cultivation and delivery of an array of plant- and fungi-derived psychedelics like psilocybin and mescaline.
At the congressional level, bipartisan lawmakers sent a letter to the Drug Enforcement Administration (DEA) last month, urging that the agency allow terminally ill patients to use psilocybin as an investigational treatment without the fear of federal prosecution.
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The U.S. Department of Veterans Affairs (VA) is making clear it won’t provide support for treatment involving marijuana as part of a new grants program aimed at preventing veteran suicide
In a notice on a proposed interim final rule for the new Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program published in the Federal Register on Thursday, VA said the three-year, community-based effort will “provide or coordinate the provision of suicide prevention services to eligible individuals and their families for the purpose of reducing veteran suicide.”
But while many veterans and service organizations representing the community have repeatedly testified to Congress and federal agencies that cannabis represents a potential treatment option for medical conditions that commonly afflict military veterans returning from service, VA, perhaps not surprisingly, is drawing a line in the sand when it comes to supporting treatment regimens involving marijuana.
It’s “important for VA to note that any approaches and treatment practices approved will need to be consistent with applicable Federal law,” the department said in the notice. “For example, the use of grant funds to provide or coordinate the provision of marijuana to eligible individuals and their families will be prohibited, as marijuana is currently illegal under Federal law.”
That’s despite the fact that there is a carve out for prospective grantees providing or coordinating “nontraditional and innovative approaches…including but not limited to complementary or alternative interventions with some evidence for effectiveness of improving mental health or mitigating a risk factor for suicidal thoughts and behavior.”
The interim final rule is set to take effect on April 11, and public comments will continue to be accepted until May 9.
VA’s position on marijuana has been a source of consistent frustration for advocates and veteran service organizations who have been pushing for expanded research into the therapeutic potential of cannabis.
The testimony echoes what the VSOs have repeatedly raised with lawmakers. The specifics ranged in scope between the various groups, but the overall message was made clear: military veterans uniquely stand to benefit from marijuana treatment and it’s time for Congress to do something about it.
The main thrust of the legislation is to codify existing policies that allow VA doctors to talk about medical cannabis with patients as well as protections for veterans who are candid about their history with marijuana treatment. By doing so, it would enshrine these polices into law so that they could not later be changed administratively by future VA leaders.
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