Activists in Washington State are working to place an initiative to decriminalize drug possession and expand access to treatment services on the November ballot.
At a time when multiple drug policy reform campaigns in states across the country have suspended signature gathering amid the coronavirus outbreak, ACLU of Washington says they remain determined to qualify Initiative 1715, which would make possession of illegal substances for personal use a civil infraction that does not carry the threat of jail time.
People who police encounter possessing illicit drugs would be referred to a mandatory service assessment under the proposal, with the intent being to have them screened for a substance use disorder within 72 hours of the citation. The measure—titled the Substance Use Disorder Treatment, Recovery and Education Act—would also provide a means for individuals previously convicted of drug offenses covered in the act to petition courts to have their records vacated.
Fees associated with the citation would be waived upon completion of the service assessment.
The new Treatment First Washington campaign is also hoping to expand the state’s drug treatment programs, and it plans to use some existing tax revenue from legal marijuana sales to accomplish that. A similar effort is underway in neighboring Oregon, where activists said last month that they’ve been forced to temporarily end in-person signature collection due to the pandemic.
ACLU of Washington isn’t oblivious to the impact current social distancing measures could have on their prospects, but they’re hoping to dedicate all of June to signature gathering, as Crosscut first reported. Alison Holcomb, political director of the group and author of the state’s successful 2012 cannabis legalization ballot initiative, said they will continue to reevaluate the situation over the weeks to come.
“The essence of 1715 is to stop arresting and jailing people for substance use disorders,” she said. “This is a public health issue. Let’s have the law say that.”
Marijuana Moment reached out to Holcomb and the campaign for additional information about the initiative, which was filed on March 9, but representatives did not respond by the time of publication.
Text of the measure, which had its ballot title approved on April 10, states that the intent is to “to expand availability of and facilitate access to effective, health-based approaches to the substance use disorder crisis facing our state, funded by existing marijuana taxes and health insurance, and to direct people with substance use disorder to treatment and recovery services through changes to laws criminalizing drug use.”
If voters approve the measure in November, an advisory group consisting of health experts and representatives from various state agencies would be established in order to determine the maximum amount of illicit drugs that could be considered possession for personal use under the new law. The panel would have to submit its recommendations by September 1, 2022. Decriminalization would then take effect that December.
The proposal’s intent section says that the “people find that a significant percentage of people with substance use disorders in our state are not receiving necessary services,” and that’s due in part to “gaps between the service needs and available system capacities, and gaps in information about substance use disorders and how to get help.”
Further, the “people also find that treating substance use like a crime, arresting and incarcerating people for personal use offenses, makes matters worse by disrupting and further destabilizing their lives.”
Here’s how the measure would appear on the ballot:
“This measure would direct some marijuana tax revenue to treatment, training, and public education; decriminalize and require service assessments for certain personal-use drug offenses; facilitate vacating drug-related convictions; and amend related law.
Should this measure be enacted into law? Yes [ ] No [ ]”
Its summary reads as:
“This measure would make certain offenses for possession of drugs and use of drug paraphernalia civil infractions if they involve personal-use amounts; refer persons cited for mandatory service assessments; direct some marijuana taxes to treatment and recovery services, law enforcement training, and public education; facilitate vacation of certain drug-related convictions; and exempt certain substance use related personal information from public disclosure. State agencies would determine personal-use amounts and oversee expansion of substance use disorder treatment.”
The group estimated that the cost of increasing access to substance misuse treatment and promoting a public education campaign will be about $135 million annually, in addition to administrative implementation costs.
To qualify, the campaign needs to collect 259,622 valid signatures from voters and submit them by July 2, leaving advocates little wiggle room amid the current health crisis. Holcomb of ACLU of Washington said that if they can overcome those logistical challenges, they’re optimistic based on internal polling that voters will support it. The group also conducted focus groups consisting of swing voters that signaled the initiative would be successful if it qualifies, according to Crosscut.
The other decriminalization campaign in neighboring Oregon said that while they’re suspending signature gathering for the time being, they’re close to meeting their goal and need about 8,000 more submissions to safely make the ballot.
It remains to be seen when social distancing orders will be loosened or businesses reopened. That uncertainty, coupled with fast-approaching deadlines, has derailed numerous drug policy reform efforts across the country.
Oregon activists for separate initiative to legalize psilocybin for therapeutic purposes have suspended in-person campaign events amid the pandemic.
In Washington, D.C., advocates for a measure to decriminalize psychedelics asked the mayor and local lawmakers to accept online signatures for their ballot petition.
An effort to legalize medical cannabis in Nebraska is facing similar signature gathering challenges. And in Missouri, an adult-use marijuana legalization campaign is officially over for the year due to the health crisis.
Idaho activists announced that they are suspending their ballot campaign to legalize medical cannabis, though they are still “focusing on distributing petitions through online download at IdahoCann.co and encouraging every volunteer who has downloaded a petition to get them turned in to their county clerk’s office by mail, regardless of how many signatures they have collected.”
In Arizona, a legalization campaign is petitioning the state Supreme Court to instruct the secretary of state to allow individuals to sign ballot petitions digitally using an existing electronic system that is currently reserved for individual candidates seeking public office.
North Dakota advocates said earlier this month that they are suspending their campaign to put marijuana legalization on the November ballot due to the coronavirus outbreak.
In New York, Gov. Andrew Cuomo (D) conceded that the legalization push in the legislature is “effectively over” for 2020. He also said on Saturday that the policy change may prove too complicated for lawmakers to take up remotely via video conferencing.
California Marijuana Workers Can’t Get COVID Vaccine Answers, As Maryland Prioritizes The Industry
When it comes to COVID vaccine distribution, California marijuana workers want to know: where are they supposed to stand in line?
At the same time that registered medical cannabis workers in Maryland have become eligible for priority access to coronavirus vaccines as part of the state’s first phase rollout, there remains an open question about the policy in California, where about 40,000 people are employed in the marijuana sector.
While cannabis workers are defined by the state as essential healthcare employees, some are struggling to find answers about whether they’re eligible for vaccines in the initial rollout like nurses and caretakers are. The California Department of Public Health (CDPH) released guidance on who qualifies for each phase of distribution, but there’s no explicit mention of where marijuana business employees stand.
Victor Pinho, manager of an Oakland-based cannabis delivery service, told Marijuana Moment that he’s faced challenges as he’s attempted to determine whether he or his workers could receive a vaccination under the state’s guidance. After reaching out to his county supervisor’s office to inquire about the issue, he was told that while cannabis workers are considered “essential” for business purposes, the state’s vaccine eligibility criteria is different.
“Being in the position that I’m in now—a management position for a delivery service in Oakland—my employees are like, ‘When do we get this? We’re seeing people every day,'” he said.
Marijuana Moment reached out to CDPH and a senior cannabis advisor with the Governor’s Office of Business and Economic Development for clarification, but representatives were not able to deliver a definitive answer despite multiple follow-up requests for clarification on the state’s policy.
A spokesperson said CDPH would “do our best” to resolve the uncertainty, but ultimately replied with a link to the state’s vaccine page that was not directly responsive to the question.
In contrast, the Maryland Health Department (MHD) recently notified the state’s Medical Cannabis Commission (MCC) of the decision to prioritize vaccination for its marijuana workers, which industry representatives say will help protect thousands of employees and patients who have relied on their services amid the pandemic.
Frontline workers employed in health care, law enforcement, nursing homes and the judiciary also qualify for the phase 1A vaccinations. And now that will be extended to medical cannabis workers at dispensaries, cultivation facilities, labs and processing businesses.
Maryland’s move is yet another example of states recognizing the essential role of cannabis businesses during the health crisis. But this is the first time that a state has specifically prioritized marijuana industry workers for vaccines.
Earlier this month, a coalition of cannabis businesses asked California policymakers to include workers in their sector in the next phase of COVID-19 vaccine distribution.
The group argued that there are unique risks in the industry because workers frequently interact with patients who might be more vulnerable to the virus because they are immune compromised or elderly.
But without clarification from the state, the question of whether cannabis industry workers can get vaccines now or will have to wait until later is largely up to individual counties and healthcare providers, which have discretion to adopt distribution policies that best fit their needs.
Guidance provided by the state in early December recommended that “persons at risk of exposure to SARS-CoV-2 through their work in any role in direct health care or long-term care settings” should be prioritized for vaccinations.
“This population includes persons at direct risk of exposure in their non-clinical roles, such as, but not limited to, environmental services, patient transport, or interpretation,” it says, without specifying whether that includes marijuana workers.
San Diego County, in contrast, in its own local guidelines for phase 1A of the vaccine rollout released last week, specifies that the list “includes cannabis industry” workers.
Meanwhile, activists in Washington, D.C. recently announced plans to hand out free bags of organically grown cannabis outside of coronavirus vaccination centers in the nation’s capital. The goal is to “highlight the need for further local and national cannabis reform while also advocating for equitable distribution of the critical vaccine.”
Separately, while states have taken steps to protect the market and ensure that patients and consumers maintain access amid the pandemic, the same can’t be said of the federal government.
Because marijuana remains federally illegal, cannabis companies have been denied economic relief through agencies like the Small Business Administration. Even industries that work “indirectly” with state-legal marijuana businesses are ineligible for certain relief loans.
Photo courtesy of Mike Latimer.
Top Pennsylvania Official Restores Marijuana Flag After GOP Lawmakers Allegedly Got It Removed
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.”
I even had to rehang this one. 🙄 pic.twitter.com/NPuADtb1Lt
— John Fetterman (@JohnFetterman) January 26, 2021
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.
It’s kinda flattering that they changed Pennsylvania law just for me. 🥺👉👈
Speaking of changing laws…
I’ll take them down when we get:
LEGAL WEED 🟩 FOR PA + EQUAL PROTECTION UNDER THE LAW for LGBTQIA+ community in PA.
— John Fetterman (@JohnFetterman) November 20, 2020
“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.”
🚨🚨 PENNSYLVANIA *AND* DNC IS BEING LAPPED ON LEGAL WEED BY THE DAKOTAS NOW
— John Fetterman (@JohnFetterman) January 26, 2021
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.
Photo courtesy of Twitter/John Fetterman.
Hawaii Could Legalize Psychedelic Mushroom Therapy Under New Senate Bill
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.
Photo courtesy of Wikimedia/Workman