MD Legal Pot Question Polls Well, Afghan Shisha Ban, Australia ACT Decriminalizes Drugs, More… (10/31/22)

A Nevada judge orders marijuana removed from the state's Controlled Substances Act, the Germans roll out a marijuana legalization plan, British cops plan a crackdown on recreational drug users, and more.

Marijuana Policy

Maryland Poll Has Strong Support for Marijuana Legalization Referendum. A new poll from Baltimore Sun Media and the University of Baltimore has support for the Question 4 marijuana legalization referendum at 63 percent, with only 25 opposed and 12 percent undecided. The poll results are in line with a pair of September polls, one of which had support at 59 percent and the other of which had support at 72 percent. Voters will be asked "Do you favor the legalization of the use of cannabis by an individual who is at least 21 years of age on or after July 1st, 2023, in the state of Maryland?" and if the measure passes, it would automatically implement an already approved bill that would  create basic rules and regulations for an adult-use marijuana program.

Nevada Judge Orders Marijuana Removed from State List of Controlled Substances.  A judge in Clark County (Las Vegas) ruled last Wednesday that the state pharmacy board lacks the authority to regulate marijuana and marijuana derivatives under state law since voters legalized the substance and ordered the board to remove marijuana from the state's controlled substances list. If the board "designates a substance as a ‘controlled substance’ but the designation falls outside the authority delegated by the ​​Legislature, the designation is invalid," wrote District Court Judge Joe Hardy. That same judge ruled in September that classifying marijuana as a Schedule I substance was unconstitutional because voters had legalized medical marijuana in 1998. "The Board exceeded its authority when it placed, or failed to remove marijuana, cannabis, and cannabis derivatives on its list as Schedule I substances," Hardy wrote in that case.

International

Afghanistan Bans Hookahs, Fruit-Flavored Tobacco. The Taliban has issued a fatwa, or religious edict, banning the smoking of fruit-flavored tobacco (shisha) and the hookahs (water pipes) used to smoke it. The Taliban considers shisha as an intoxicant. The ban was announced in western Herat province earlier this month, and it is not clear whether it extends to the whole country. The Herat Café Owners Association said the ban had cost some 2,500 jobs in the province, which already faces a dire economic situation. But Azizul Rahman Mohajer, the provincial head of the Taliban's Ministry for the Promotion of Virtue and Prevention of Vice, said hookahs are "against Sharia" and smoking shisha "harms our bodies and causes tobacco addiction, which can spread widely in society."

Australian Capital Territory Decriminalizes Drug Possession. A drug decriminalization measure introduced as a private member's bill by Labor MLA Michael Pettersson won in the territorial legislature last week. The new law will not be implemented for a year to "allow for appropriate police training." Under the new law, people caught with personal use amounts of drugs will face a referral to drug treatment or a maximum $100 fine instead of time in prison.

British Cops to Target Recreational Drug Users in Holiday Enforcement Blitz. Police in Dorset have announced Operation Scorpion, a winter drug enforcement operation that will see a shift in focus from dealers to recreational users of drugs such as cocaine, marijuana, and MDMA. Police in Avon & Somerset, Dorset, Devon & Cornwall, Wiltshire and Gloucester will be joined by British Transport Police for a series of crackdowns on the night-time economy. Police will focus on city and town centers across the region. "Illegal drug use is just that – illegal – and the partners of Op. Scorpion will continue to work together – targeting criminality, taking drugs off our streets, sharing intelligence, protecting the vulnerable and putting a ring of steel around the South West," police said. They are also taking a hard line on marijuana, arguing that "cannabis is not the benign drug those seeking to make a profit would have you believe."

Germany Unveils Marijuana Legalization Plan. The health ministry last Wednesday rolled out a marijuana legalization plan that includes the decriminalization of the possession of up to 30 grams of marijuana as well as allowing for the sale of marijuana to adults in a regulated marketplace. The German government will also consult with the European Union's executive commission to ensure that the legalization plan. Berlin will check with the European Union’s executive commission to ensure it complies with EU laws and will move forward "on this basis" only if whether the plan approved by the German government is in line with EU laws and would proceed with legislation “on this basis” only if the EU approves.