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Federal cannabis commission; NC medical marijuana; Slovenia cannabis bill; AZ loosens marijuana rules for police recruits; Psychedelics & creativity Subscribe to receive Marijuana Moment’s newsletter in your inbox every weekday morning. It’s the best way to make sure you know which cannabis stories are shaping the day. Get our daily newsletter. Email address: Leave this field empty if you're human: Your support makes Marijuana Moment possible… Hold on, just one second before you read today’s news. Have you thought about giving some financial support to Marijuana Moment? If so, today would be a great day to contribute. We’re planning our reporting for the coming months and it would really help to know what kind of support we can count on. Check us out on Patreon and sign up to give $25/month today: https://www.patreon.com/marijuanamoment / TOP THINGS TO KNOW Rep. Dave Joyce (R-OH) and House Minority Leader Hakeem Jeffries (D-NY) introduced a marijuana bill to direct the attorney general to form a commission to prepare for federal legalization by recommending cannabis regulations modeled after those for alcohol. Former federal marijuana prisoners who were granted clemency by President Donald Trump during his first term staged a “Cannabis Prisoners Unity” rally outside the White House to call on the new administration to give the same kind of help to others who are still behind bars. North Carolina representatives introduced a new bill to legalize medical cannabis for patients with debilitating conditions. The Arizona Peace Officer Standards and Training Board adopted rules further reducing limitations on past marijuana use by police recruits, shortening the restriction period for illegal cannabis use or possession from two years to six months. Slovenian lawmakers filed a bill to legalize and regulate marijuana for medical and scientific uses following voters’ approval of cannabis ballot measures last year. A new study shows that “people who use psychedelic drugs feel more connected (to the self, others, and the world)” and “produced more creative ideas (in terms of originality and fluency).” For 4/20, Ben & Jerry’s teamed up with marijuana justice group Last Prisoner Project on a campaign to push state governors to free people who are still incarcerated for cannabis. A Colorado Department of Transportation official authored a Marijuana Moment op-ed asking people who work in the cannabis industry to help educate consumers about the dangers of impaired driving. “Consumers may not listen to CDOT, but you are seen as a highly trusted source of information. It’s time for the industry to speak for itself to help keep its customers safe.” The Nebraska legislature’s General Affairs Committee failed to advance a bill to implement and regulate the state’s voter-approved medical cannabis program after members could not agree on a path forward. Kentucky Auditor Allison Ball (R) launched an investigation into the Office of Medical Cannabis, saying she has “continued to receive complaints” about how regulators conducted a business licensing lottery. A report published by the UK Home Office concluded that there is an “association between drug-related law enforcement activities and increased violence.” Texas farmers are warning lawmakers that a total ban on consumable hemp products that contain any amount of THC, as was passed by the state Senate, would devastate a growing industry. A review by the Institute for Public Service Reporting raises concerns that Memphis, Tennessee police may be overly aggressively applying felony intent to sell charges on motorists caught with marijuana in their vehicles, only to see those charges later dropped in court without sufficient evidence. / FEDERAL A federal judge sentenced two men who posed as Drug Enforcement Administration agents while robbing marijuana growers in Oregon. / STATES Nebraska’s attorney general sent cease and desist letters to retailers that are allegedly selling illegal THC products. The Tennessee Senate passed a bill to restrict hemp products. The Oregon House of Representatives passed a bill to clear fines for possessing small amounts of marijuana. Georgia’s House speaker formed a study committee on medical cannabis and hemp policies. Connecticut lawmakers discussed legislation to allow police to pull over drivers for smoking marijuana. A New Hampshire Republican spoke about his support for marijuana reform but said he won’t lead the charge on the issue this session. A former Florida Republican senator authored an op-ed in support of federal marijuana rescheduling. California regulators announced a recall of marijuana products due to compliance testing that was not representative of the batch. Separately, regulators posted a series of videos of people describing what 4/20 means to them. Missouri regulators announced recalls of marijuana products. Minnesota regulators sent guidance about cannabis consumption at events. Oklahoma officials published guidance on sales of medical cannabis clones. Ohio regulators raised concerns about a marijuana event that allowed on-site consumption. Massachusetts regulators released new cannabis educational materials pegged to 4/20. — Marijuana Moment is tracking hundreds of 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. — / LOCAL Warwick, Rhode Island police acknowledged that their prior claim that a woman died after consuming marijuana that was laced with fentanyl is not supported by a toxicology report. / INTERNATIONAL Saint Vincent and the Grenadines Prime Minister Ralph Gonsalves said it is not possible for the country to legalize marijuana under international law. An Italian court upheld the classification of CBD as a narcotic. / SCIENCE & HEALTH A study “did not detect statistically significant impacts of legalization on the car accident fatality rate, insurance claim frequency, or average cost per claim” and that “the estimated seasonality and pre-legalization dynamics in Canadian vehicle insurance statistics continued after legalization without a significant change,” while “in the U.S., temporal patterns of human activity (such as yearly, weekly, and daily cycles) and inclement weather are much better predictors of the vehicle accident experience than marijuana legalization.” Findings from a study of mice “underscore the potential of [cannabis] extract as a therapeutic candidate for managing neuroinflammation and its associated neurodegenerative consequences, warranting further clinical exploration.” / BUSINESS Major brands including Popeyes, Carl’s Jr., Buffalo Wild Wings, Red Lobster, Smashburger, Insomnia Cookies and others announced deals and promotions pegged to 4/20. Green Market Report is closing down. Rise launched a new ad campaign featuring people discussing cannabis with various sexual innuendos. Make sure to subscribe to get Marijuana Moment’s daily dispatch in your inbox. Get our daily newsletter. Email address: Leave this field empty if you're human: The post Former cannabis prisoners rally at White House (Newsletter: April 21, 2025) appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“This bill will make it impossible to grow hemp as an alternative crop to be profitable.” By Stephen Simpson, The Texas Tribune Andrew Hill, who studied and farmed hemp in California before it was legal in Texas, was a keynote speaker at the state’s first-ever agricultural hemp expo in Dallas in 2019. Amid considerable hype and excitement that followed the recent federal legalization of hemp, Hill tried to warn farmers that the industry wasn’t as profitable as state officials and seed vendors were pitching. “There were guys running around telling farmers they could make $2,500 to $3,000 an acre on hemp. Being an actual farmer, not trying to sell seeds or clones, I couldn’t help but burst out laughing,” Hill said. “Everyone looked at me and asked what was so funny, and they gave me the mic and I said, ‘Ladies and gentlemen, I’ll tell you right now—I haven’t seen over $1,000 an acre since 2015.’” Still, Texas lawmakers embraced the opportunity hemp presented in 2019, legalizing hemp products of the cannabis plant with less than 0.3 percent THC, the psychoactive component in marijuana. Hill’s Texas Star Hemp Farms was among those to make the investment necessary to profit from hemp, including owning almost all the means of production and sales and spending millions on seeds, licenses and facilities. Six years after that initial rush, industrial hemp farming in Texas stands on the brink. Senate Bill 3, which would ban any consumable hemp products that contain even trace amounts of THC, could destroy what farmers like Hill have built. “Now, considering things like hemp hearts, hemp seed oils, salad dressings and those health products that don’t have any cannabinoids in them to get you high, [they] will still be illegal under this law,” Hill said. Hill is one of about 450 licensed hemp producers in the Texas Industrial Hemp Program at risk of losing a chunk of their livelihoods as Texas lawmakers have prioritized banning tetrahydrocannabinol, or THC, products. Farmers say there is no way they can produce hemp without traces of THC, even for non-consumable products like clothing and paper, meaning SB 3 could deliver a death blow to the industry. The GOP-controlled Legislature authorized the sale of consumable hemp a year after it was legalized nationwide to boost Texas agriculture by allowing the commercialization of hemp containing trace amounts of delta-9 THC. What ensued was a proliferation of hemp products, such as gummies, beverages, vapes and flower buds, sold at dispensaries and convenience stores across the state. Sen. Charles Perry, a Lubbock Republican who carried the 2019 hemp legalization bill, says such uses exploit a legal loophole and put children in danger. His SB 3 attempts to correct this by penalizing violators who knowingly possess THC products with a misdemeanor that can carry up to a year in jail and 2 to 10 years in prison for manufacturing or selling them. The measure, which was approved by the Senate, also bars marketing and sales of consumable hemp to minors and requires all legal products to be sold in tamper-evident and child-resistant packaging. Like SB 3, House Bill 28 would ban synthetic THC and products like gummies and vapes. But the House’s proposal focuses more on tightening regulatory loopholes, allowing hemp-infused beverages and assigning the alcohol industry to regulate products, as well as limiting the consumption of such products to those 21 years or older and implementing advertising regulations. “This regulatory structure will also maintain the federal restriction on THC of no more than 0.3 percent, as well as limiting the amount a person can buy in a single day to 10 milligrams,” said state Rep. Ken King (R-Canadian), sponsor of the bill. If the House passes its proposal, the two chambers must reconcile their differences for the legislation to become law. The House hasn’t taken up either of the hemp bills for a vote. In public hearings, lawmakers heard from parents whose children were sickened by products containing dangerous unregulated forms of THC, and Lt. Gov. Dan Patrick (R) said he will move to force an overtime session of the Legislature if lawmakers fail to pass the ban. “Kids are getting poisoned today,” Patrick told the Senate earlier this year. A blow to farmers Kyle Bingham describes himself as a niche big farmer. Over the past several years, his more than 2,000-acre farm has been primarily dedicated to cotton and grapes. Five percent or less of its acreage has been dedicated to hemp. “We’ve done everything from peanuts to sesame seeds to garbanzo beans and blue corn, so rotating hemp into our process was pretty natural,” Bingham said. Bingham said his first hemp crop brought a reality check that curbed the early hype and enthusiasm. “When we got interested in selling hemp biomass, it was about $3.50 a pound. We assumed the price would drop by the time we got to market to below $2 a pound. But in reality, it dropped to about 80 cents a pound. There was a massive oversupply issue,” Bingham said. Texas was years too late for farmers to see profits from the initial hemp boom, and an oversaturated market with little profit has remained. The state projects SB 3’s financial impact would be a $19.3 million loss of general revenue-related funds, less than 1 percent of the state’s revenue over the biennium, including an annual loss of $450,000 for counties and $610,000 for transit authorities by 2027. The primary revenue loss will be due to the closure of THC businesses, leading to a decline in taxable sales revenue. Cities are projected to lose $2.1 million a year by 2030. “We are urging the Texas House to carefully consider the consequences of SB 3 and HB 28 on the tens of thousands of small businesses, farmers and consumers who rely on the hemp industry,” said Cynthia Cabrera, president of the Texas Hemp Business Council and chief strategy officer at Hometown Hero. No state analysis addresses HB 28’s or SB 3’s financial potential hit to Texas farmers if they must abandon production under a total THC ban, as the Senate bill proposes. “There is not a single fiber of hemp that meets this” THC-free criteria, Hill said. Agriculture Commissioner Sid Miller said the Texas hemp program had around 1,200 farmers interested in 2019. Of the roughly 450 licensed hemp producers today, 166 applied for a permit to grow hemp during the past 12 months. “This whole debacle is a lack of understanding of organic chemistry.” After his early enthusiastic support of hemp—calling it “one of the most exciting new prospects for Texas farmers in a long time” in an introductory video — Miller now speaks with the benefit of hindsight. “We planted too much and had way too much product and no place to market it,” Miller said. Miller said the cratering hemp market in Texas is the reason why he believes the proposed ban on THC products will have little effect on farmers: Most of them have already given up anyway. “Farmers are not interested. This is not a complicated issue,” Miller said. Zach Gauger, director of sales for Caprock Family Farms, one of the largest hemp producers in the state, told lawmakers last week that despite the early struggles, the industry is now valued in the billions, putting it among the state’s top commodities due to the investment of those who stuck around. “The hemp industry is sitting just behind the cattle industry…and this bill will make it impossible to grow hemp as an alternative crop to be profitable,” Gauger said. “I have seen farmers all around our area show interest in growing this plant, but they are worried about failing a test, or how to sell it, or not having the facilities to send it to be processed.” Gauger said research has shown that after the Ogallala Aquifer, which the Great Plains of Texas relies on, runs dry in 20 to 25 years, the investment in hemp will be seen as a choice of survival for farmers. “The time to diversify is now,” Gauger said. “Hemp extraction and consumption give us a way out of this cycle, not fiber.” If fully unleashed, hemp is one of the more versatile crops for farmers. It can be used for industrial fibers and to produce CBD, which doesn’t induce a high like THC but has been studied for possible therapeutic effects. The grain can also be used for animal feed and to make hemp seed oils, clothing, biodegradable plastics and more. Successful hemp farmers, primarily small organic operations that grow hemp for CBD production, can make $500 to $800 an acre, leading to thousands in monthly revenue if they do quick harvests and sell to processors. Farmers like Hill, who control both the production and sales side of hemp byproducts, can make more than $10,000 a month. However, it can take years of reinvesting small profits into buying the cleaning and processing equipment needed to make the larger profits. The Texas hemp industry is just now starting to see some stability due to these efforts, but the state is now threatening all of this. “If House Bill 28 passes, I won’t be able to operate in Texas anymore. My business model and every product I sell will be made illegal overnight, but I won’t shut down—but move my operations to a state where this industry is treated with the regulatory respect it deserves,” Kallan Salganik, a hemp manufacturer for Salganik Services Inc. told lawmakers in a House hearing earlier this month. “And with that move, Texas loses jobs, tax revenue and the economic ripple effect that comes with [lost] local business activity.” Some Texas lawmakers maintain that the ban on THC will only hurt the consumable hemp retail industry. But farmers say the plant naturally has THC that can’t simply be removed, meaning this law could lead to the elimination of products that contain hemp seeds or oils that have been on the market for years. “This whole debacle is a lack of understanding of organic chemistry,” Hill said. For Texas farmers, industrial hemp is primarily an export crop. Texas lacks processing facilities for fiber or grain hemp crops, and the rules already in place limit what they can do with the crop beyond CBD products. “We could go into the animal feed market with this hemp grain. It’s very nutritious and great for chickens and cows. But there are no rules for it in Texas, so we can’t touch the animal feed market,” Bingham said. “We were able to start making some progress on those rules recently, but until we have that, we are just kind of sitting here spinning our wheels.” Alternatives to banning THC Hemp planting season is upon us, but farmers are hesitant to plant because SB 3 doesn’t clearly state whether hemp already planted will be protected if the bill passes. Farmers could face felony charges in the fall for a crop that was legal in the spring. “We’re looking at an industry that, we hope, is recovering and could provide value to the state, both from an economic impact and also creating jobs. We’d like to see all that hard work pay off, but we’re in a position where I’m not risking a felony for it. I’ll walk away before risking a felony,” Bingham said. Under SB 3, a person can commit a misdemeanor by purchasing or possessing a consumable hemp product not registered with the state of Texas. Growers who don’t pay the $500 permit application fee and get approved to grow hemp could face a third-degree felony. Bingham said the bill won’t address what lawmakers say is the central issue: stopping cannabis from getting into children’s hands. Bad actors, he said, “will still be able to find loopholes to continue doing what they do, and they’ll keep going. It won’t change anything.” Instead, Bingham said, the THC ban will nip the industry in the bud. “It will kill everything. The grain industry, supplements, oils will all be killed under this bill because people do not understand—including the politicians who wrote this bill—don’t understand the chemistry of hemp.” Perry did not respond to calls for an interview or emailed questions about the bill and protections for hemp farmers. Multiple mothers told lawmakers last week during the Committee on State Affairs that THC vape pens, which can contain harmful chemicals in addition to hemp by-products, are dangerous for young people. Chandel Strickland’s son was diagnosed with cannabis-induced psychosis. “He was an athlete on a full-ride scholarship and an engineering major. He looks nothing like this today,” Strickland said. “He is now a 22-year-old struggling with addiction to THC. He had to medically withdraw from school because he simply didn’t have the cognitive ability to continue with school.” Farmers say the answer to ensuring the safety of hemp products is straightforward: Create regulations for hemp CBD products similar to what was done with vapes a few years ago. In Texas, an individual must be at least 21 years old to legally buy e-cigarettes or vape devices, and in 2023, lawmakers banned vape packages with images of fruit, juice and cartoon characters. Bingham said THC is in the same boat. “The lawmakers didn’t regulate it, and now they’re unhappy with how it’s on the shelves. There weren’t a lot of rules. They didn’t put age limits on it. They didn’t put rules about child-proofing or child-resistant packaging,” Bingham said. “A large part of this industry has been asking for it, and we’re not getting it.” Texas should further regulate retail sales of hemp, Bingham said, instead of banning THC and eliminating all agricultural production. “Do we want to give up everything we have built in hemp? I don’t think that is the answer,” he said. Texans seeking help for substance use can call the Substance Abuse and Mental Health Services Administration’s free help line at 800-662-4357. They can also access services in their region through the Texas Health and Human Services website. This article originally appeared in The Texas Tribune at https://www.texastribune.org/2025/04/18/Texas-hemp-farmers-oppose-THC-ban/. The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org. Texas Activists Rally Support For Another Local Marijuana Decriminalization Ballot Initiative For 2025 Photo courtesy of Pixabay. The post Hemp Farmers Say Texas Bill To Rein In Intoxicating Cannabinoid Products Could Destroy State Industry appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“A prosecutor described MPD’s explanations as sometimes ‘cringey,’ and gave the example of an officer claiming to have smelled marijuana in a car that was going 60 miles per hour.” By Marc Perrusquia and Micaela Watts, The Institute for Public Service Reporting Memphis Memphis simmered in the July heat as a police cruiser pulled over a blue Nissan Altima motoring through the downtown business district. The car’s temporary tag had expired days earlier, an oversight police often resolve by issuing a citation. But this traffic stop took a more serious turn when a Memphis Police Department (MPD) officer said he “could smell an odor consistent with marijuana coming out of the vehicle.’’ After questioning a female passenger, police found slightly more than a half-ounce of marijuana in her purse—a small but critical amount that led officers to arrest the family-focused grandmother on a felony drug-trafficking charge. As a special task force begins reviewing U.S. Justice Department claims of abuse by MPD during traffic stops, reform advocates say the woman’s arrest is yet another example of overly aggressive policing in Memphis. “It’s absolutely a trumped-up charge,” said Claiborne Ferguson, a longtime Memphis defense attorney who reviewed the July 2, 2024, police affidavit filed against the woman. He has no official connection to the case. The woman, a cancer victim, said she is no drug dealer and doesn’t even smoke that much. “It was crazy,” said the woman, who asked not to be identified. Although the charge against her was later dropped, she said she fears any association with a criminal charge. “I’m a real-life good person. I treat everyone with respect,” she said. The incident is one of 13 traffic-stop cases identified by the Institute for Public Service Reporting (IPSR) in which Shelby County law enforcement officers signed felony marijuana affidavits, only to see those charges vacated in court. Attorneys who reviewed the affidavits for The Institute said they appeared deficient in supporting felony charges of intent to sell. The charges—which often involved warrantless searches of vehicles—led arrestees to spend several hours or more in jail. “I lost my job,” said Dominique Hodges, 26, who was arrested in December. Prosecutors dropped the charges in February, but not before she spent a terrifying night at Jail East, Shelby County’s women’s holding facility, and paid $700 in attorney fees and costs. She said the charges hanging over her caused her to lose a good-paying maintenance job. “I cried and I cried,” she said of her trip to jail. There, jailers conducted an invasive search, she said. Later, Hodges watched in fear as an irate arrestee hit her fist against a wall over and over. “I wouldn’t wish this upon my worst enemy,” she said. Among the 13 arrestees, 12 were Black, including Hodges and the grandmother. All the arrests were made after officers said they smelled marijuana and either requested consent to search or used the smell as probable cause to search vehicles without consent. The 13 arrests included ten by MPD, two by the Sheriff’s Office and one by the Tennessee Highway Patrol. Both MPD and the Highway Patrol declined comment. The Sheriff’s Office didn’t respond to repeated requests for comment. Broad police discretion The Institute identified the 13 cases while reviewing eight months of arrest data, including a six-month stretch between last April and September and a follow-up two-month stretch in December and January to assess patterns following the release of the Justice Department’s critical December 4 report. Traffic stops reviewed by The Institute followed a general pattern: Motorists were pulled over for a missing headlight or taillight, tinted windows, expired or missing tags, failing to wear a seat belt and occasionally for speeding or running a red light. Officers then searched vehicles after saying they smelled marijuana. Simple possession of small amounts of marijuana is a misdemeanor in Tennessee, which remains among a slim minority of states that haven’t legalized medicinal or recreational marijuana. In Shelby County, where marijuana prosecutions have been deprioritized, police can issue a misdemeanor citation for simple possession without making an arrest. At times, officers take no action at all when stopping motorists with small amounts of marijuana, according to interviews conducted by The Institute. But a felony charge brings a guaranteed trip to jail. Police generally have broad discretion when making arrests. Probable cause to arrest requires a lower threshold of evidence than proof required at trial, and police tend to charge suspects at the highest level available, defense attorneys said. Attorneys who reviewed arrest affidavits for The Institute said some appeared to be borderline cases or “close calls” in establishing probable cause for a felony charge. In one case, a motorist charged with felony intent to sell was found with a small amount of marijuana and three guns, including a semi-automatic rifle. Records suggest it was a difficult matter to sort out: All the guns turned out to be legal. Tennessee doesn’t require permits to carry guns, and it allows most people other than individuals convicted of felonies to freely transport them in cars. Such incidents require quick judgments often made under high-stress conditions, police say. “It’s very tough because you don’t know what’s in that car,” said Mike Williams, a former patrolman and past president of the Memphis Police Association, a labor union. “I couldn’t imagine me personally being out there in the streets right now…because everybody has a damn gun. And a lot of these young people that are running around with these guns, they’re not afraid to use them.” But reform advocates say there is a delicate balance between protecting public safety and eroding community trust. Even if a charge is later dismissed, arrests often pose hardships including job loss along with stiff fees and court costs. Often, vehicles are seized. “So now because I get caught with this…I have to hire a lawyer. I have to go pay a bond. Get probation,” said Keedran Franklin, a criminal justice reform advocate who contends police often target people of color. “That…may put me $30,000 in debt.’’ Overall, African-Americans represented 89 of 93 Shelby County defendants (96 percent) identified by The Institute as having been arrested between last April and September after officers said they smelled marijuana. Many of the traffic stops, which often led to charges unconnected to marijuana possession, were clustered in African-American neighborhoods in Orange Mound, Frayser, Hickory Hill and South and North Memphis. MPD’s focus on saturation patrols in “high-crime” neighborhoods and the potential for harassment alarmed Justice Department officials, who noted in the December 4 report that Memphis police stopped one Black man 30 times in three years. Shelby County District Attorney Steve Mulroy said police need discretion when making arrests but conceded that evidence at times can’t support felony charges. “It is not at all uncommon for the police to bring us a charge for felony intent to sell marijuana and we reduce it to a misdemeanor. And largely that’s not necessarily because we’re saying that the police overcharged but because there is a difference between the amount of evidence you need for probable cause to arrest and the amount of evidence you need to prove something beyond a reasonable doubt at trial,” Mulroy said. “So, I’m not going to use a heavily charged word like abuse, but I will say that given the fact that the arrest itself can be disruptive to someone’s life, and given that it seems like this particular charge seems disproportionately targeted on the African-American community…one can see how a really aggressive posture of arresting and charging felonies for what may simply be simple marijuana possession can be problematic. It may be something that maybe this task force can look at.” The task force he refers to was formed when Mayor Paul Young (D) tapped former federal appeals court judge Bernice Donald to review Justice Department allegations outlined in its December 4 report. The 70-page report found MPD often conducts unlawful stops and searches, discriminates against Black people and uses excessive force. Small amounts, big changes It was three days before Christmas, and Dominque Hodges was out partying with friends. They took her battered Chrysler Sebring, though she was riding as a passenger that night. When police spotted the car—missing rear bumper, burned-out front headlight, invalid drive-out tags—they pulled it over. “They snatched me out of the car,” Hodges recalled. According to her arrest affidavit, police searched the car after smelling marijuana and found a bag containing 18 grams, roughly enough to roll 18 to 36 marijuana cigarettes. Hodges said she admitted the pot was hers, arguing that she’s a smoker not a dealer. “I’m telling them, ‘Why am I going to jail for this little bit… Look, my mom is sick. I don’t have nobody that’s going to come and bail me out of jail,’” she said. Under Tennessee law, a person who possesses a half-ounce (14.175 grams) or more of marijuana with the intent to manufacture, sell or deliver is guilty of a felony punishable by 11 months to 60 years in prison depending on the amount and an individual’s prior record. Selling less than a half-ounce is a misdemeanor. But defense attorneys say many officers don’t seem to understand that simple possession—even in amounts greater than 14.175 grams—is still a misdemeanor if the defendant lacked intent to sell. “I have regularly heard officers and prosecutors say more than one half [ounce] is a ‘felony amount,’ but that is incorrect,” said Ben Raybin, a Nashville-based defense and civil rights attorney. “There still has to be an intent to sell, deliver or manufacture.’’ Courts have ruled that to prove intent, authorities need evidence of something more than mere weight. They need other supporting details such as finding marijuana packaged in multiple baggies, large amounts of cash, firearms, ledgers, digital scales or other indicators of a drug sale. Yet repeatedly, records show, officers arrest motorists on charges of felony intent to sell marijuana with scant supporting evidence of an indication to sell—charges that are later vacated in court. The cases reviewed by The Institute were dropped by prosecutors via an action known as nolle prosequi, or the abandonment of a criminal charge. In the July 2, 2024, arrest of the grandmother in Downtown Memphis, for example, police reported finding 16.1 grams in her purse. In an affidavit of complaint sworn out before a judicial magistrate, police listed no other evidence indicating an intent to sell. The woman was booked into Jail East, Shelby County’s detention facility for female arrestees. The charge was later dropped. “I don’t see the slightest hint of evidence that she possessed it with the intent to manufacture, deliver, or sell it, so in my opinion this should have been charged [with] a misdemeanor rather than a felony,” Raybin wrote in an email. “If that was her only charge [it was], she should have been given a citation rather than placed under a custodial arrest.” Defendants charged with misdemeanors often are cited and released without being booked into jail. In some instances of simple marijuana possession, officers don’t even do that much, some allege. “Most of the times [when] we get stopped, the police put the weed right back in the car,” Hodges said. Recently retired General Sessions Court Judge Bill Anderson said that he’s heard similar accounts. “It’s gotten out to the rank-and-file police on the street that the DA is not prosecuting small amounts of marijuana,” Anderson said. “These officers…don’t like coming to court. They don’t like wasting their time having to write report after report. So if it’s a small amount, what I understand they’re doing is just throwing it away or telling them, open it up, throw it out on the street or something.” Overall, officers seize relatively small amounts of marijuana when making traffic stops on Memphis streets. Among the 93 odor-triggered arrests identified by The Institute, the median amount of marijuana confiscated was 20 grams. That’s roughly enough to roll 20 to 40 marijuana cigarettes. Studies suggest traffic stops like these aren’t effective in reducing overall crime rates, but they can accumulate significant arrests. During one day three-day stretch in June, The Institute found, MPD arrested at least ten people after smelling marijuana, including five with violent arrest histories and another with glassy eyes and slow reactions who was charged with driving while intoxicated by marijuana. In those 10 arrests, police confiscated two assault-style rifles and a Glock 17 handgun with a switch that converted it to a rapid-fire machine gun and three other pistols. Questions around MPD’s supervision and training Marijuana grown today is much more potent—and pungent—than in years past. Its smell wafts across Memphis, emanating from cars, seats at Tiger football games, street corners and alleyways. Still, attorneys interviewed for this story said they believe police at times manufacture claims that they smelled marijuana as a pretext to create probable cause to search a vehicle. The Justice Department report articulated similar concerns. “While officers often justify vehicle and pedestrian searches based on statements that they have smelled the ‘odor of marijuana,’ courts and MPD’s own internal affairs unit has found that those justifications are not always credible,” the report said. “A prosecutor described MPD’s explanations as sometimes ‘cringey,’ and gave the example of an officer claiming to have smelled marijuana in a car that was going 60 miles per hour,” it added. It’s difficult to assess how widespread the problem may be. “The problem is I don’t know [the full extent of] the abuses, because nobody’s forcing them to keep up any records of when they search a vehicle saying they smelled marijuana and not finding anything,” Ferguson said. Again, the Justice Department articulated similar concerns. “This data does not include hundreds of thousands of traffic stops that did not result in citations, because MPD officers do not document the reason for those stops,” the report said. But the report was unequivocal in stating that MPD engages in a pattern of illegal traffic stops, arrests and evidence collection in violation of the Fourth Amendment that protects citizens against unreasonable search and seizure. “The pattern of Fourth Amendment violations stems from MPD’s decision to prioritize traffic enforcement as a central method to address crime in Memphis, while at the same time failing to ensure that officers understand and follow constitutional requirements when they stop and detain people,” said the report, which followed an 18-month investigation launched after the January 2023 police beating death of motorist Tyre Nichols. “Supervisors rarely review traffic stops to ensure they meet constitutional standards. But they do measure officers’ ‘productivity’ based in part on how many stops and citations they generate,” it said. Ferguson said he believes MPD’s struggles stem from either poor training or coaching by supervising lieutenants. “It’s either bad training or it’s purposeful malicious prosecution in order to seize vehicles. That’s all it can be,” Ferguson said. “Either they’re completely not training these officers or they train them specifically to do this to get into the car.” The Justice Department report raised similar concerns. “Officers will, for example, write in reports that they smelled marijuana, but there will be no mention of the odor of marijuana on body-worn camera footage,” the report said. Such a scenario played out in federal court last year when prosecutors dismissed gun charges against Cedric Jackson, now 33, after inconsistencies arose between police reports and body camera footage. Officers wrote in an October 2022 affidavit that they “observed a green residue consistent with Marijuana” on the console of Jackson’s Chevy Tahoe. Citing that as probable cause to search the vehicle, officers found a Smith & Wesson handgun that Jackson, a convicted felon, could not legally possess. “I am having trouble with the search,” U.S. District Court Judge Thomas L. Parker said in a January 4, 2024, hearing after reviewing bodycam footage. “If they were relying on noticing the residue of marijuana on the console, I didn’t hear anybody say so at the time. I watched several videos and so I did not…see a lot of discussion about that. There were no photographs of the residue on the console area, so the Court finds that the Government did not carry its burden to show that that was the basis for a search.’’ Though Parker later dismissed a defense motion to suppress evidence seized in the search, finding the items would have been detected later in a routine inventory search of the car, the case’s credibility appeared shaken by defense challenges. Parker eventually approved a motion by prosecutors to dismiss the case. Asked why prosecutors moved to dismiss the case, a spokeswoman for the U.S. Attorney’s Office in Memphis declined comment. Evolving marijuana laws Odor-related searches have grown complicated in Tennessee, in part because of law changes in other states. Tennessee is one of just 11 states where recreational or medicinal marijuana use hasn’t been legalized, according to the National Organization for the Reform of Marijuana Laws (NORML). Yet motorists on Memphis’s streets may be carrying medicinal marijuana bought across the river in Arkansas or across the border in Mississippi. Recreational marijuana can be purchased via a short, 90-minute drive into southern Missouri. “Now [when they return to Memphis] they’re presumed to be a felony drug dealer,” said defense lawyer Michael Working. “You’re coming back with more than 14.175 grams every time. It’s like, you know, you don’t go to Arkansas to buy legal beer and buy [just] one can of beer.” In Shelby County, simple possession of small amounts of marijuana often is tolerated. District Attorney Mulroy said simple possession prosecutions had been deprioritized by his predecessor, Amy Weirich, though the practice varied among individual prosecutors, he said. “I think it’s more uniform now [in] that it is not a priority,” Mulroy said. “We still enforce it. I mean, it’s the law, right? We enforce it. But we’ve got so many more important things to focus on, like violent crime.” Though there is “no blanket rule,” misdemeanor marijuana cases can lead to community service followed by a dismissal of the charges, he said. Consequently, police often won’t bring misdemeanor cases, defense attorneys said. What’s emerged is a sort of felony-or-nothing situation. And as courts have trimmed back on Fourth Amendment protections against unreasonable search and seizure, the smell of marijuana as justification to search a vehicle has become all but impossible for defendants to overcome, defense attorneys say. But a Tennessee Supreme Court ruling last summer may change some of the ground rules for marijuana-related traffic stops. In that case, Tennessee v. Andre Jujuan Lee Green, the court ruled that the smell of marijuana alone is not enough for a search, finding that officers must consider “the totality of the circumstances” before conducting a warrantless search. The case originates from Clarksville, Tennessee, where officers used a drug-sniffing dog to find an ounce of marijuana, a gun and baggies during a February 2020 traffic stop. Defense attorneys argued the search was improper because a police dog can’t tell the difference between legal hemp and illegal marijuana. Both are varieties of the same species. Congress legalized hemp in the 2018 Farm Bill, and Tennessee followed suit in 2019. The court rejected a defense motion to dismiss the case. Although it found that “the legalization of hemp has added a degree of ambiguity to a dog’s positive alert,” it ruled the search was merited by a totality of circumstances that included “suspicious answers” that the car’s occupants gave to officers’ questions and a backpack seen in plain view inside the car. Both the car’s driver and passenger denied ownership of the backpack. Raybin said the Green case means officers will no longer be able to conduct probable cause searches of vehicles based solely on the odor of marijuana. “In my opinion that is directly precluded by the Green case and everything should be thrown out,” said Raybin, who co-authored a friend-of-the-court brief in support of dismissing charges in the case. How much actual impact the ruling will have remains to be seen, however. Officers don’t need much in the way of additional factors to justify a search, Raybin said. It can involve something as simple as a defendant appearing nervous, “sweating profusely” or making inconsistent statements. “It still won’t take too much” to justify a search, Raybin said. Data for this story comes from public records kept by Shelby County’s criminal courts on behalf of Shelby County residents. The county makes individual records available. These records were compiled and processed with a web programming tool that enables a user to efficiently compile and see all of the public records, and sort them to identify and analyze arrest patterns. The sortable records are kept on a server maintained by a criminal justice reform group, the People for the Enforcement of Rape Laws. The Institute for Public Service Reporting pays a license fee to access these records and cover the cost of programming and maintenance. IPSR independently verifies the data through computer analysis, spot checking and other methods. The reform group has no input or ability to influence the reporting of these public records. IPSR retains full authority over editorial content to preserve journalistic integrity. This story was first published by the Institute for Public Service Reporting at the University of Memphis. Illinois Senate Passes Bill To Stop Police From Using Smell Of Marijuana To Justify Vehicle Stops And Searches The post Are Police In Memphis Overcharging Drivers Caught With Small Amounts Of Marijuana? appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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“More studies demonstrated an association between drug-related law enforcement activities and increased violence than decreased violence.” By Mattha Busby, Filter Drug-related law enforcement is more likely to increase violence than reduce it, indicates a report commissioned by the government of the United Kingdom. Whether the government will revise its drug policies accordingly remains to be seen. “The available evidence suggests that drug-related law enforcement activities are of limited effectiveness in reducing violence,” states the report, which was prepared by the research organization RAND Europe and published by the UK Home Office on March 27. “Indeed, more studies demonstrated an association between drug-related law enforcement activities and increased violence than decreased violence.” The findings, which echo earlier evidence on the subject, are less startling than the fact that the UK government published them. The report references a prior review on the impact of drug-related law enforcement activity on serious violence and homicide, which, it notes, “found that increasing drug law enforcement was unlikely to reduce drug market violence alone and risked exacerbating it.” The report urges British police forces planning drug-related law enforcement actions to “consider the risk of increased violence,” particularly related to the removal of leaders of trafficking groups and drug seizures. “The counterproductive nature of drug law enforcement has been very obvious for a long time,” Steve Rolles, senior policy analyst at the Transform Drug Policy Foundation, told Filter. “The war on drugs has fueled an arms race between law enforcement agencies and organized crime groups—ensuring only the most cunning and violent crime groups prosper.” Nonetheless, he continued, “It is welcome to see the systemic failure of the enforcement model confirmed by academic work commissioned and published by the Home Office itself. It certainly makes it a lot harder for them to ignore.” The Home Office, which is responsible for areas including public safety, policing and border security in the UK, did not respond to Filter’s request for comment on whether it would act on the report’s recommendations. Former police officers are among those who have long warned that the disruption of drug markets increases violence, as trafficking groups fight over resultant power vacuums when established hierarchies are disturbed by seizures and arrests. “For years I’ve been arguing that no police activity in drug markets reduces the size of the market,” Neil Woods told Filter. A former undercover police officer, he changed his mind about the drug enforcement actions he once participated in. He now chairs the Law Enforcement Action Partnership UK, which campaigns to end the drug war. “This kind of study should not just be of niche interest, it should inform policy,” he said. “We are talking about the very fabric of security and safety in our society.” Police disruption of drug markets also increases the risk of overdose among people who use drugs, Woods added, citing a 2023 study, published in the American Journal of Public Health, which illustrated this. In what has been described as “the drug bust paradox,” the arrest of a person’s source of drugs can lead them to experience withdrawal and hastily seek a new source—who might provide drugs that are adulterated or of higher potency. For another report, published in February by the think tank RUSI Europe, researchers studied examples of law enforcement actions including the shutdown of an encrypted messaging network, interventions against drug trafficking groups, the dissolution of a guerrilla group which sold cocaine, pandemic policing shocks and the collapse of a major trafficking organization. “We find clear evidence in case studies…that enforcement often serves to worsen underlying violence and societal disruption dynamics, imposing significant human costs in terms of lives lost and socio-economic upheaval,” the report said, highlighting how the arrest of powerful leaders often removes dispute-resolution mechanisms and sparks anarchic violence and power struggles. The point of such enforcement actions is ostensibly to reduce the supply of drugs. But in the long term, this is never the outcome. “In no single case we evaluate have major external shocks or disruptions through enforcement, or lack thereof, been shown to have any demonstrable lasting impact on drug markets either locally or globally,” the RUSI Europe report found. Sky ECC was an encrypted chat network favored by groups selling drugs, among others. In Europe, there was a concentration of users in Belgium, the Netherlands and especially around the major Belgian port of Antwerp. Following the law enforcement-led shutdown of the network in 2021, Western European trafficking groups in some cases escalated their violence, according to the report, including threats and several high-profile murders. Four months after the shutdown, journalist Peter de Vries was killed in the Netherlands in one of the best known cases. A year on, the Belgian justice minister was forced to retreat with his family to a safe house on two occasions, due to threats. “Nor does the operation seem to have reduced violent crime between drug gangs in the medium to long term,” the report added. “Brussels witnessed a record number of shootings in 2024, most of which were believed to be drug-related.” In other cases, European drug policing involves direct violence against unarmed people. On April 7, an inquest into the death of 31-year-old Sean Fitzgerald, a former soldier, began in the UK. Fitzgerald, who was not carrying a gun, was shot and killed by police in 2019 as he fled a suspected cannabis farm. “The police climbed up ladders and went through windows, almost like it was World War 3,” a friend of his told reporters at the time. “Obviously any person in their right mind would’ve been scared and ran away.” The international drug control regime could be considered a violation of the fundamental human right to life and security, according to a 2023 paper published in the International Journal of Drug Policy. “The relationship between drug criminalization and violent criminality has long been recognized,” wrote the author, academic Petter Grahl Johnstad.“Prohibition makes the illicit drug trade very profitable and therefore attractive to criminal organizations, who will compete with each other for access to the illicit drug market.” This article was originally published by Filter, an online magazine covering drug use, drug policy and human rights through a harm reduction lens. Follow Filter on Bluesky, X or Facebook, and sign up for its newsletter. Police Drug Enforcement Operations Increase Risk Of Overdose Deaths, American Medical Association-Published Study Finds The post Drug Enforcement Leads To Increases In Violence, Report Published By UK Government Concludes appeared first on Marijuana Moment. View the live link on MarijuanaMoment.net

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