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Oregon County Prosecutor Stops Drug Possession Cases Early Following Decriminalization Vote

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Prosecutors in an Oregon county will no longer pursue low-level drug possession cases.

The move comes weeks after voters approved a historic initiative decriminalizing all drugs—but also months before it’s due to formally take effect statewide.

In a letter sent to police chiefs on Monday, the Clackamas County District Attorney’s Office said that while it opposes the policy change, officials recognize the will of voters and feel that “having officers investigate and submit cases for a prosecution in the weeks leading up to February 1, which will not lead to any sanction or court supervised treatment, is not the most effective use of criminal justice resources.”

Under the initiative, which passed with 58 percent of the vote, simple drug possession will be treated as a Class E infraction, punishable by a maximum fine of $100 and no jail time. That fine can be waived if an individual shows a court they have completed a substance misuse assessment.

The measure also calls for investments in substance misuse treatment, using tax revenue from legal marijuana sales.

“While we fundamentally disagree with this measure, ceasing to prosecute these matters prior to February 1 is consistent with the will of the voters, which we must respect,” the district attorney’s office said in the email, first reported by Kind Leaf Journal, adding that “misdemeanor [possession of a controlled substance] is still unlawful” until the effective date.

“The decision of our office is not intended not divest local law enforcement officers the ability to conduct lawful investigations, searches and arrests,” the letter states. “Good communication about this significant change is paramount.”

This early discretionary reform action is consistent with how several counties in the state approached cannabis policy after Oregon voters approved an adult-use marijuana legalization initiative in 2014.

“It’s a smart decision to stop arresting and jailing people for personal drug possession before Measure 110 officially goes into effect as Oregon voters have spoken loud and clear that it’s time to start treating drug use as a health issue instead of a criminal one,” Anthony Johnson, a chief petitioner for the decriminalization initiative, told Marijuana Moment.

“There is simply no reason to waste law enforcement resources and our taxpayer dollars on personal drug cases,” he said. “Other district attorneys across Oregon should promptly follow suit and enact the will of the voters.”

The vote in Oregon has also inspired efforts in neighboring Washington State to pursue a drug decriminalization model. While activists considered attempting to put it on the state ballot in 2020, the coronavirus pandemic derailed that plan—and earlier this month, the campaign said they would soon be announcing a sponsor of a reform bill to push for its passage legislatively in the 2021 session starting January.

Meanwhile, New Jersey’s attorney general issued a memo this week directing prosecutors to suspend most marijuana possession cases following voter approval of a statewide legalization ballot measure this month.

Read the full letter to Oregon police chiefs on the decriminalization policy below: 

Dear Chiefs:

As you are aware, Oregon voters passed Measure 110, which decriminalizes, among other things, possession of up to 1 gram of heroin, 2 grams of methamphetamine and cocaine, 12 grams of psilocybin, 40 user units of LSD 40 pills/capsules containing synthetic opiates.

The measure takes effect on February 1, 2021. At that time, persons found to be in possession of these controlled substances will be referred to local municipal or justice courts and subject to the newly created Class E infraction, which carries a maximum $100 fine. This fee will be waived if the offender provides proof of participation in a substance abuse assessment. There is no requirement that the person engage in treatment.

As the voting public has overwhelmingly passed this measure, effective 11/23/20 the Clackamas County District Attorney’s Office will stop charging new Unlawful Possession of Controlled Substance cases that will otherwise be decriminalized on February 1. It is our belief that having officers investigate and submit cases for a prosecution in the weeks leading up to February 1, which will not lead to any sanction or court supervised treatment, is not the most effective use of criminal justice resources.

While we fundamentally disagree with this measure, ceasing to prosecute these matters prior to February 1 is consistent with the will of the voters, which we must respect.

Investigations where a juvenile is found to possess controlled substances in amounts that will be decriminalized should still be referred to the Juvenile Department so the juvenile can have the opportunity for supervised treatment. There is a juvenile workgroup convening who will eventually offer guidance about what to do with juvenile referrals after February 1.

Until February 1, misdemeanor PCS is still unlawful. The decision of our office is not intended not divest local law enforcement officers the ability to conduct lawful investigations, searches and arrests.

Good communication about this significant change is paramount. If you have any questions or need clarification about this decision, I encourage you or anyone in your agencies to contact me directly. We look forward to our presentation on December 15th where we will discuss additional specifics of M110 and its search and seizure implications.

Chris Owen

Chief Deputy District Attorney

Clackamas County DA’s Office

New Jersey Prosecutor Urges Colleagues To Stop Pursuing Most Marijuana Cases While Legalization Bill Advances

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Top Pennsylvania Official Restores Marijuana Flag After GOP Lawmakers Allegedly Got It Removed

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Lt. Gov. John Fetterman’s (D) marijuana and LGBTQ flags are waving again at his Capitol office after state officials removed them Monday night, allegedly at the behest of certain GOP lawmakers who feel strongly about the activist decor.

The day after their removal, the lieutenant governor proudly announced on Twitter that he’d restored the flags—one rainbow-themed and the other displaying cannabis leaves.

“I really can’t emphasize this enough, my issue isn’t with the individuals that came to take them down. They’re kind of caught in the middle of it so it’s not them,” Fetterman told Marijuana Moment. “But the Pennsylvania GOP exerted enough pressure and made enough drama so they felt that they needed to do something and they took them down. When I realized that, I just put them back up.”

The flags have been an unusual source of controversy for some members of the legislature. In November, Republican lawmakers passed budget legislation that included a provision targeting his cannabis-themed office decor, making it so only the American flag, the Pennsylvania flag and those honoring missing soldiers could be displayed at the Capitol building.

“There’s one great way to get them down for good and we can end this,” the lieutenant governor said. And that’s by enacting legislative reform.

“It shouldn’t have to be this way. These are not controversial things. These are very fundamentally American things. It’s freedom-related. It’s individuality-related. It’s jobs. It’s revenue,” he said. “These are not controversial, but these flags are. For the party that thinks it’s A-OK to talk about how an election that was secure was rigged, they sure have a real thin skin when it comes to free speech.”

A spokesperson for the state Department of General Services confirmed to Marijuana Moment that it was tasked with removing the flags and did so “in order to comply with section 1724-E of the fiscal code.” Asked whether lawmakers from the legislature’s Republican majority influenced the recent action, the representative repeated: “All I can say is the Department of General Services removed the flag in order to comply with section 1724-E of the fiscal code.”

Marijuana Moment reached out to the offices of the Senate majority leader and House speaker for comment, but representatives did not respond by the time of publication.

Defying the flag order is par for the course for Fetterman, a longtime marijuana reform advocate who is weighing a run for the U.S. Senate. His enthusiastic embrace of the issue has often put him in the spotlight, and he said he’d take that advocacy to Congress if he ultimately decides to enter the race and is elected.

“I’m the only person that’s actually called out my own party for its failure to embrace it when it is appropriate,” he said, referring to his repeated criticism of the Democratic National Committee’s rejection of a pro-legalization platform. “There has never been—or would ever be—a more committed advocate to ending this awful superstition over a plant for the United States.”

On his campaign website, the lieutenant governor touts his role in leading a listening tour across the state to solicit public input on the policy change. He noted that, following his efforts, Gov. Tom Wolf (D) “announced his support for legalization for the first time.”

It remains to be seen when legalization will happen in Pennsylvania, however. Despite Fetterman and Wolf’s support for legalization and the pressure they’re applying on lawmakers, convincing Republican legislative leaders to go along with the plan remains a challenge.

Fetterman previously told Marijuana Moment that pursuing reform through the governor’s budget request is a possibility. But in the meantime the administration is exploring the constitutionality of issuing “wholesale pardons for certain marijuana convictions and charges.”

Since adopting a pro-legalization position in 2019, Wolf has repeatedly called on the legislature to enact the policy change. He’s stressed that stressed that marijuana reform could generate tax revenue to support the state’s economic recovery from the coronavirus pandemic and that ending criminalization is necessary for social justice.

In September, he took a dig at the Republican-controlled legislature for failing to act on reform in the previous session. And in August, he suggested that the state itself could potentially control marijuana sales rather than just license private retailers as other legalized jurisdictions have done.

Fetterman previously said that farmers in his state can grow better marijuana than people in New Jersey—where voters approved a legalization referendum in November—and that’s one reason why Pennsylvania should expeditiously reform its cannabis laws.

He also hosted a virtual forum where he got advice on how to effectively implement a cannabis system from the lieutenant governors of Illinois and Michigan, which have enacted legalization.

Shortly after the governor announced that he was embracing the policy change, a lawmaker filed a bill to legalize marijuana through a state-run model.

A majority of Senate Democrats sent Wolf a letter in July arguing that legislators should pursue the policy change in order to generate revenue to make up for losses resulting from the COVID-19 pandemic.

Top New York Official Responds To Marijuana Advocates’ Criticism Of Governor’s Legalization Plan

Photo courtesy of Twitter/John Fetterman.

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Hawaii Could Legalize Psychedelic Mushroom Therapy Under New Senate Bill

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Hawaii could legalize the use of psychedelic mushrooms for therapy under a newly filed bill in the state legislature.

The measure, if approved, would direct the state Department of Health to “establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn,” two psychoactive substances produced by certain fungi.

It would also remove the two compounds from the state’s list of Schedule I controlled substances and create a seven-person psilocybin review panel to assess the impacts of the policy change.

Few other specifics are provided in the bill, SB 738, introduced in the state Senate on Friday. It doesn’t specify who would qualify for the therapy, for example, or how precisely the drugs—which remain federally illegal—would be administered. The legislation simply says the Department of Health “shall adopt rules” in accordance with state law.

The new legislation comes less than a year after Hawaii lawmakers introduced bills to begin studying the therapeutic use of psychedelic mushrooms with the goal of eventually legalizing them, though those measures did not advance.

Entheogens—including other substances like ayahuasca and ibogaine—have emerged as a promising treatment for severe depression, anxiety and other conditions, although research remains ongoing.

In November, voters in Oregon approved a ballot measure to legalize psilocybin therapy that the state is now in the process of implementing.

The new Hawaii bill was introduced by Sens. Stanley Chang, Laura Clint Acasio, Les Ihara Jr. and Maile Shimabukuro, all Democrats. It has not yet been scheduled for a hearing, according to the state legislature’s website.


Marijuana Moment is already tracking more than 400 cannabis, psychedelics and drug policy bills in state legislatures and Congress this year. Patreon supporters pledging at least $25/month get access to our interactive maps, charts and hearing calendar so they don’t miss any developments.

Learn more about our marijuana bill tracker and become a supporter on Patreon to get access.

The Hawaii proposal is one of a growing number of broader reform bills to have been introduced across the country this year as the debate on drug policy moves beyond marijuana. A measure introduced in New York earlier this month would remove criminal penalties for possessing small amounts of any controlled substance, instead imposing a $50 fine. Similar measures are expected to be introduced in California and Washington State this year.

A Florida lawmaker recently announced plans to introduce legislation to legalize psilocybin for therapeutic purposes in the state.

Lawmakers in New Jersey last month sent a bill to Gov. Phil Murphy (D) that would reduce criminal charges for the possession of psilocybin, but so far Murphy hasn’t signed the measure.

Voters, meanwhile, have been broadly supportive of drug reform measures in recent years. In addition to the psilocybin. measure, Oregon voters in November also approved an initiative to decriminalize possession of all drugs. Washington, D.C. voters overwhelmingly enacted a proposal to decriminalize the possession of psychedelics.

Despite the growing discussion of drug reform at statehouses across the country, some high-profile advocates are setting their sights on the 2022 election. Dr. Bronner’s CEO David Bronner, a key financial backer of successful reform efforts in Oregon, told Marijuana Moment last month that he’s expecting both Washington state and Colorado voters will see decriminalization or psilocybin therapy on their 2022 ballots.

Meanwhile, a new advocacy group is pushing Congress to allocate $100 million to support research into the therapeutic potential of psychedelics.

New Psychedelics Reform Group Sets Sights On Congress As Movement Builds

Photo courtesy of Wikimedia/Workman

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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Minnesota Governor Urges Lawmakers To Pursue Marijuana Legalization Amid Budget Talks

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The governor of Minnesota on Tuesday implored the legislature to look into legalizing marijuana as a means to boost the economy and promote racial justice.

During a briefing focused on his budget proposal for the 2022-23 biennium, Gov. Tim Walz (D) was asked whether he is open to allowing sports betting in the state to generate tax revenue. He replied he wasn’t closing the door on that proposal, but said he is more interested in seeing lawmakers “take a look at recreational cannabis.”

Not only would tax revenue from adult-use marijuana “dwarf” those collected through sports betting, he said, but legalization would also help address “the equity issue and, quite honestly, the racial impact of our cannabis laws.”

Watch the governor discuss marijuana legalization below: 

“I will say this, I will certainly leave open that possibility. Our neighboring states have done both of those things,” Walz said of legalizing sports gambling and cannabis. “I obviously recognize that that’s not a 100 percent slam dunk for people, and they realize that there’s cost associated with both. But my message would be is, I don’t think this is the time for me to say I’m shutting the door on anything.”

Walz did not include a request to legalize through his budget, however, as governors in some other states have.

The Minnesota governor did say in 2019, however, that he was directing state agencies to prepare to implement reform in anticipation of legalization passing.

Earlier this month, the House majority leader said he would again introduce a bill to legalize marijuana in the new session. And if Senate Republicans don’t go along with the reform, he said he hopes they will at least let voters decide on cannabis as a 2022 ballot measure.

Heading into the 2020 election, Democrats believed they had a shot of taking control of the Senate, but that didn’t happen. The result appears to be partly due to the fact that candidates from marijuana-focused parties in the state earned a sizable share of votes that may have otherwise gone to Democrats, perhaps inadvertently hurting the chances of reform passing.

House Speaker Melissa Hortman (D) said this month that “Senate Republicans remain the biggest obstacle to progress on this issue.”

“Minnesota’s current cannabis laws are doing more harm than good,” she told The Center Square. “By creating a regulatory framework we can address the harms caused by cannabis and establish a more sensible set of laws to improve our health care and criminal justice systems and ensure better outcomes for communities,” she said.

Senate Majority Leader Paul Gazelka (R), for his part, said that while he would be “open to expanding medical use or hearing criminal justice reforms,” he doesn’t “believe fully legalized marijuana is right for the state.”

“Other states that have legalized marijuana are having issues with public safety,” he argued, “and we are concerned that we haven’t fully seen how this works with employment issues, education outcomes and mental health.”

Last month, the Minnesota House Select Committee On Racial Justice adopted a report that broadly details race-based disparities in criminal enforcement and recommends a series of policy changes, including marijuana decriminalization and expungements.

Another factor that might add pressure on lawmakers to enact the reform is the November vote in neighboring South Dakota to legalize adult-use cannabis.

Also next door, Wisconsin Gov. Tony Evers (D) is pushing lawmakers to enact marijuana reform and recently said that he is considering putting legalization in his upcoming budget request.

New Mexico Governor Pushes For Marijuana Legalization In State Of The State Address

Photo courtesy of Philip Steffan.

Marijuana Moment is made possible with support from readers. If you rely on our cannabis advocacy journalism to stay informed, please consider a monthly Patreon pledge.
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