A new study based on data collected by law enforcement agencies suggests the availability of illicit psilocybin mushrooms in the U.S. has risen significantly compared to prior years. This uptick in psilocybin seizures suggests that the mushrooms are now easier to find on the street.

Researchers at New York University (NYU) uncovered a rapidly growing trend suggesting more Americans have access to psilocybin mushrooms, as the list of potential medical benefits grows. Published online in the journal Drug and Alcohol Dependence, the study analyzed 4,526 psilocybin seizure reports from 2017 to 2022, and categorized the annual number of confiscations and weight of seized shrooms per state. The study shows that law enforcement seizures of psilocybin mushrooms in the U.S. skyrocketed from 402 seizures in 2017 to 1,396 in 2022. The total weight of psilocybin mushrooms seized also increased by 2,749%, from 226 kilograms (498 pounds) in 2017 to 844 kilograms (1,860 pounds) in 2022.

Drug seizures by law enforcement are also what the U.S. Drug Enforcement Administration uses to determine drug availability. The researchers noted that this data does not paint a clear picture of the exact amount of psilocybin in America, given all of the people who elude the police or go undetected.

Confiscations of psilocybin are up in nearly every region of the country that was analyzed. Researchers found “significant increases” of psilocybin seizures in all four regions—the Northeast, West, South, and Midwest regions of the U.S., and shrooms are particularly growing in popularity on the West Coast.

“We found that the number of shroom seizures and the total weight of shrooms seized annually increased through 2022, and the greatest weight of shrooms seized was in the West,” Joseph J. Palamar told High Times in an email.

Palamar, a co-author of the study, is an associate professor at the Department of Population Health at NYU’s Langone Health in Manhattan. He explained that law enforcement data helps to explain how prevalent psilocybin is, but does not show the entire picture. It was impossible for the researchers, for instance, to determine if the shrooms were wet or dry, as police typically don’t make the distinction.

“We don’t treat drug seizures as an indicator of use but rather more of an indicator of availability,” Palamar said. “This might seem a bit counterintuitive at first because seizures literally remove drugs from the market, but we believe seizures only represent a small sample of drugs available. We believe the increase in shroom seizures indicates an increase in availability.  Seizures are far from being a perfect indicator of availability but it’s still an important focus.”

Self-reported data on psychedelic use is very limited, but earlier research indicates that psilocybin is the most consumed plant-based psychedelic in the U.S. (This of course excludes cannabis, which some consider to be a mild psychedelic.)

The prevalence of psilocybin use probably comes in waves, he said, with waves taking place in the 1960s and so on. This time around, psilocybin research is focusing on its potential medical benefits more than its harms, representing a sea change in the way psychedelic mushrooms are perceived.

Starting with Denver, Colorado in 2019, numerous cities and the District of Columbia decriminalized psilocybin. At the state level, Oregon voters decriminalized psilocybin in 2020, followed by the entire state of Colorado two years later.

Ketamine is another psychedelic that has recently risen in popularity in therapeutic settings, Palomar said. While it was restricted to Schedule III in 1999, a nasal spray was approved by the FDA in 2019, and now clinics in many states provide it.

“All drug trends seem to come in waves, and it’s unknown whether this recent increase is being driven by positive media coverage of psilocybin research, but I strongly believe it’s a factor,” he said. “I anticipate a similar situation with respect to ketamine.”

“Recent increases in use of hallucinogens, more broadly, may be associated with increased coverage of their perceived therapeutic benefits, based on a recent increase in clinical trials testing psilocybin, specifically, in treating psychiatric conditions,” researchers wrote. “Major trials suggest psilocybin’s efficacy in treating conditions such as major depressive disorder in particular, but also in treating conditions such as anxiety, posttraumatic stress disorder, and substance use disorder.”

The researchers in this study said that recreational users frequently take too much, causing dysphoria. Generally speaking, 3.5 grams of psilocybin is considered a large dose, and 5 or more grams is considered a heroic dose. Powerful, profound, and confusing effects can arise even when people consume even just a few grams. However researchers like Matthew W. Johnson, a professor of Psychedelics and Consciousness Research at Johns Hopkins, suggested that heroic doses are needed for certain conditions.

This article was originally published in the May 2024 issue of High Times Magazine.

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Two West Coast police groups have changed their positions and now support federal cannabis legalization efforts, marking the first time that a statewide police officers organization has called for an end to the nation’s prohibition of marijuana. In a recent announcement characterized as a “historic shift,” the Peace Officers Research Association of California (PORAC) and the Oregon Coalition of Police and Sheriffs (ORCOPs) expressed support for federal legislation creating a legal pathway for marijuana to be legalized from coast to coast.

“The ship has sailed,” PORAC wrote in a policy position paper cited by SFGATE announcing the group’s call for legalizing weed at the federal level, “and for the vast majority of Americans, cannabis is legal and accessible.”

The two groups represent thousands of law enforcement officers working for police and sheriff’s departments across California and Oregon. In an announcement from the Coalition for Cannabis Policy, Education, and Regulation (CPEAR), a cannabis policy group funded in part by interests in the alcohol and tobacco industries, the two police groups expressed their support for the Strengthening the Tenth Amendment Through Entrusting States (STATES) Act. If passed, the legislation would amend the federal Controlled Substances Act to exclude cannabis activities undertaken in compliance with state or tribal regulations. 

“The STATES Act does what every federal bill should do –help all 50 states succeed in the policies they choose,” CPEAR executive director Andrew Freedman said late last year when the group endorsed the STATES Act. “Whether you are pro-legalization or anti-legalization, we can all acknowledge the current federal posture of having its head in the sand is not working.” 

“This bill will create the commonsense guardrails that will protect our youth, protect our roads, battle against addiction and psychosis, and keep cannabis out of communities that do not want it,” he added. “This legislation does not aim to open new cannabis markets. Instead, it simply aligns federal policy with state policy so that existing cannabis markets are safer, and federal efforts can be focused on keeping cannabis out of states where it remains illegal.”

California Cop Group Opposed Prop 64

PORAC, the largest police officers professional organization in California and the largest statewide group in the nation, opposed Proposition 64, the 2016 ballot measure that legalized recreational marijuana in California after receiving more than 57% of the vote that year. But as cannabis became normalized in the state following legalization, the perception of many members has changed, leading the professional organization to change its stance on legal weed.

“A fair amount of officers patrolling the streets nowadays know nothing other than legalized marijuana in the state of California,” PORAC president Brian Marvel told San Francisco Bay Area online news source SFGATE. “They are much more receptive to conversations on marijuana.”

Marvel said that the STATES Act would allow federal agencies to coordinate their operations directly with local law enforcement to support legal cannabis farms while working to reduce unlicensed cultivation.

“We’re not making a moral judgment as to whether you should smoke it or don’t smoke it, but we want to make sure [legal cannabis companies] aren’t being drowned out by the illegal market,” said Marvel.

“We really need to do everything in our power to eradicate the illegal grows in California,” he added.

Marvel said that the policy shift made by the two police officers groups is also relevant to the ongoing conversation regarding psychedelics policy reform. He noted that many of the group’s members are more concerned with how the drugs can be used safely rather than focusing on the continued prohibition of psychedelics.

“Let’s not … bury our heads in the sand and just say ‘No no no, we’re going to be doing pure enforcement,’ when the reality is we should be focusing on violent crimes and making our communities safer,” Marvel said.

The policy change by PORAC and ORCOPs was praised by leaders who are working to reform the nation’s cannabis policy. Republican U.S. Representative Dave Joyce of Ohio, a supporter of an updated version of the federal bill known as STATES 2.0, thanked the two police groups for supporting the legislation.

“As a former prosecutor, I know firsthand that our law enforcement officers are already stretched thin – forcing these public servants to walk a discrepant line between state and federal policy not only defies state’s rights but is an inefficient use of precious law enforcement resources,” Joyce said in an announcement from CPEAR about the police groups’ endorsement of the legislation. “Most importantly, it does nothing to enhance public safety and, in many cases, works against it. The STATES 2.0 Act would address this confusing discrepancy and empower law enforcement in their efforts to enforce cannabis law and address the unique needs of the communities they represent.”

The move by the two police groups to back federal cannabis policy reform was also welcomed by representatives of the regulated pot industry. Lex Corwin, the founder of California-based cannabis brand Stone Road Farms, said the “development is indicative of the changing ideological landscape surrounding cannabis.”

“The California police group is right– the ship has sailed. More Americans are in favor of legalization than ever before and a majority of Americans live in a state with recreational or medical access,” Corwin wrote in an email to High Times. “It’s time for America’s law enforcement to focus on the actual crimes plaguing society. Violent crime is up across the nation and the sooner we shift our law enforcement resources from eradicating a harmless plant to solving real crime the better.”

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The California Department of Cannabis Control (DCC) recently published an announcement regarding recent cannabis taskforce seizures. As of April 11, the Unified Cannabis Enforcement Taskforce (UCETF) seized over $53,620,600 in illegal cannabis during the first quarter of 2024 (spanning between January 1, 2024-March 31, 2024).

Law enforcement seized 331,866 pounds of unlicensed cannabis product, destroyed 54,137 cannabis plants, and seized $34,858 in total cash, in addition to confiscating 11 firearms and arresting four people.

California Gov. Gavin Newsom released a press statement regarding the Q1 seizures. “California is home to the largest legal cannabis market in the world,” said Newsom. “As we continue to cultivate a legal marketplace, we’re taking aggressive action to crack down on those still operating in the shadows—shutting down illegal operations linked to organized crime, human trafficking, and the proliferation of illegal products that harm the environment and public health.”

UCETF acting chief, Nathaniel Arnold, praised the agency for continuing to provide results as it tackles the state’s illegal cannabis industry. “UCETF continues to strengthen its momentum by focusing on priority targets and strategically removing operations having a significant impact on the illegal cannabis supply chain,” Arnold said. “We are utilizing all the available resources from our partner agencies and are committed more than ever to providing public safety, protecting the environment, and helping the regulated market succeed and thrive.”

The DCC’s Law Enforcement Division Chief Bill Jones noted that UCETF’s success so far has been a group effort between numerous agencies. “A key to UCETF’s success is a collaborative approach relying on intelligence gathering, targeted investigations and leveraging the expertise of our members,” Jones said. “The Taskforce continues to play a crucial role in protecting the legal cannabis market while eliminating the often-dangerous activities associated with unlicensed cannabis operations.”

The UCETF works with the following agencies to investigate and act on illegal activity: “Department of Alcoholic Beverage Control, Department of Cannabis Control, Employment Development Department, Department of Fish and Wildlife, California National Guard Counter Drug Task Force, California Division of Occupational Safety and Health, California State Parks, and the Department of Tax and Fee Administration,” with the addition of other “federal and local partners.”

Eighteen search warrants were conducted in Q1 2024, including two in Alameda County, one in Fresno County, five in Kern County, one in Los Angeles County, two in Riverside County, one in San Joaquin County, and six in Orange County.

The UCETF was created by Newsom in October 2022, and since then it has seized $371,199,431 in unlicensed cannabis product from a total of 236 warrants.

Within the first month of operation, UCETF conducted 13 search warrants in Los Angeles. It eradicated 7,503 plants and 936 pounds of cannabis flower over the course of two days. After that initial announcement, UCETF released numbers by quarter, as seen below.

Q4 2022

Warrants Served: 30

Cannabis Seized: 19,401 pounds

Plants Eradicated: 29,687

Retail Value Seized: $32,012,854.50

Q1 2023

Warrants Served: 21

Cannabis Seized: 31,912 pounds

Plants Eradicated: 52,529

Retail Value Seized: $52,644,020.50

Q2 2023

Warrants Served: 92

Cannabis Seized: 66,315 pounds

Plants Eradicated: 120,970

Retail Value Seized: $109,277,688

Q3 2023

Warrants Served: 60

Cannabis Seized: 61,415 pounds

Plants Eradicated: 98,054

Retail Value Seized: $101,349,657

Q4 2023 

Warrants Served: 24

Cannabis Seized: 13,393 pounds

Plants Eradicated: 20,320

Retail Value Seized: $22,294,571

Q1 2024 

Warrants Served: 18

Cannabis Seized: 31,866 pounds

Plants Eradicated: 54,858

Retail Value Seized: $53,620,600

UCETF Totals So Far (Q4 2022-Q1 2024)

Warrants Served: 236

Cannabis Seized: ~234,588 pounds

Plants Eradicated: 401,458

Retail Value Seized: $371,199,431

So far, the UCETF’s seizures peaked in Q2 2023, and have since been reduced significantly. The DCC did not address what the reason might be for the reduction in warrants and plant/product seizures overall.

Regardless, the DCC is committed to its efforts to protect the legal cannabis industry. “California is effectively decreasing the illegal cannabis market by leveraging the strengths and knowledge of over 20 state agencies and departments alongside our local and federal partners. The UCETF’s progress in 2023 reflects California’s ongoing commitment to disrupting  and dismantling illegal cannabis activity,” said DCC director Nicole Elliott in January. “I look forward to working with all our partners in 2024 to build on this progress.”

Last year in September, there was a raid on a legal cannabis business called Se7venleaf in Costa Mesa, which at the time was thought to be conducting business illegally. Law enforcement seized 100 pounds of cannabis flower, various boxes of cartridges and vaporizers, among many other business-related items (security cameras, devices, and documents). In late March, the Costa Mesa police were forced to return all of the seized items. “They didn’t like that they had to return the stuff,” said Se7venleaf co-owner Matteo Tabib. “They didn’t like that they were wrong, and they didn’t like that they were embarrassed and that nobody was charged. They gave no consideration that me and Michael and our employees’ lives are not in a good place right now.”

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The Los Angeles Times reported that “Costa Mesa police and city employees trucked more than 100 pounds of cannabis flower, boxes of oil cartridges and vaporizers along with documents, devices and security equipment held in police storage” to the owners of Se7enleaf, Michael Moussalli and Matteo Tabib, reached a settlement agreement with the city of Costa Mesa, California.

According to the Times, Costa Mesa attorneys “had been mounting an offense against what they believed was illegal commerce taking place at the site.”

“They didn’t like that they had to return the stuff,” Tabib told the Los Angeles Times. “They didn’t like that they were wrong, and they didn’t like that they were embarrassed and that nobody was charged. They gave no consideration that me and Michael and our employees’ lives are not in a good place right now.”

As the newspaper noted, officials in the city are currently “undergoing a review of the city’s retail cannabis ordinance, considering amendments that would establish a buffer between dispensaries and residential properties and cut back on costly employee badge requirements.”

Earlier this month, the Costa Mesa city council held an hours-long meeting where they considered possible changes to local laws regarding retail cannabis dispensaries. 

As the Voice of OC reported at the time, the council is “looking to limit the number of retail cannabis shops to 35 after city officials began questioning just how many should operate within the city,” in addition to considering “how close the shops should sit next to homes, youth centers and other cannabis storefronts.”

The Los Angeles Times reported that the members of the Costa Mesa city council “generally supported establishing a separation requirement of 250 feet between any new cannabis dispensaries and residentially zoned properties and 1,000 feet between storefronts and youth centers where children recreate.”

“If passed, such a rule would make any already-approved shops inside that red zone ‘legal, nonconforming’ businesses. Although they may continue to operate in violation of the new rules, it’s not clear whether that status could hamper a property or business in the future,” the Times reported earlier this month. “The panel also agreed to process up to 35 cannabis business permits, to allow would-be operators who’ve already passed a pre-application stage to continue the process. After that, through attrition, a new citywide cap of 10 dispensaries could be instituted upon final approval. But because a cannabis business permit runs with an individual operator and may not be transferred if a dispensary is sold, it is unclear whether another owner would be able to apply for a new permit or be shut out by the cap.”

Costa Mesa voters have twice passed ballot measures that have re-shaped the legal cannabis market in the city.

Per Costa Mesa’s official website: “In 2016, Costa Mesa voters approved Measure X, known as the City of Costa Mesa Medical Marijuana Measure, which allows certain non-retail cannabis-uses (i.e. manufacturing, distribution, processing, transportation, research and development laboratories, and testing laboratories) in one industrial area of the City, commonly known as the “Green Zone.” In 2020, Costa Mesa voters approved Measure Q, the Costa Mesa Retail Cannabis Tax and Regulation Measure. This measure allows the City to adopt rules permitting retail cannabis uses within the City, including storefronts (dispensaries) and non-storefront uses (delivery only).”

Those two measures figured prominently in the dispute between the city and Moussalli and Tabib, who are majority owners of High Seas Cannabis, a boutique dispensary in Costa Mesa.

“Store owners had been waiting for a cannabis business permit, a final step delayed as city prosecutors and police processed the aftermath of the raid and an earlier inspection that discovered High Seas-branded product at a local cannabis delivery that had been co-packaged by Se7enleaf,” the Los Angeles Times explained last week. “Moussalli maintains the company was testing the marketplace ahead of the dispensary’s opening and not doing anything illegal. Since it opened in Costa Mesa after voters approved Measure X in 2016, Se7enleaf has engaged with the city’s chamber of commerce and even helped inform the 2020 retail cannabis ballot initiative Measure Q.”

Moussalli told the newspaper that he and his partner are “still treated as the stepchildren of businesses in the city.”

 “We just want the same basic opportunities and rights as businesses that are regulated in the same ways as ours, like liquor stores,” he said.

“I’m concerned they’re going to impose more regulations on us that they don’t understand the consequences of,” he continued. “I just implore them to engage in more conversations with the industry, so we can avoid situations like the Se7enleaf/High Seas fiasco.”

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On Feb. 17, 2023, a Georgia-based Black family of seven (two parents, Deonte Williams and Bianca Claymore and five children, one of which was an infant at the time) were driving to a funeral and traveling through Tennessee to Chicago, Illinois, when they were detained at a traffic stop. Law enforcement initially pulled them over for dark tinted windows and traveling in the left lane while not passing, but after finding five grams of cannabis in the pocket of the Williams, he was arrested, Clayborne was cited, and they spent four hours at the Coffee County Justice Center.

The children were terrified, and DCS caseworkers asked to obtain a urine sample from Clayborne, who refused because she didn’t want to leave her kids alone. They compromised to have her give a urine sample in her car, while surrounded by law enforcement, and she attempted to do so, but ultimately could not. DCS told her that not complying “made matters worse” for her, and an emergency order from Coffee County Judge Greg Perry was issued for the children; they were removed from Bianca’s side at the justice center and taken into state custody.

The children were placed in temporary separate foster homes, where Clayborne was not allowed to visit them, and later they were allowed to stay with a family friend while the case was ongoing. Finally, after 55 days of separation, the children were returned to their parents on April 13. Clayborne’s misdemeanor was dismissed, Williams pled guilty to a misdemeanor, and the Department of Children’s Services dismissed the case.

According to the Tennessee Lookout, the sudden separation caused Clayborne to suffer from intense anxiety, depression, and mental anguish, and she stopped producing breast milk during that time. The news report shared that the children have also shown signs of trauma because of the incident, including one child having nightmares, wetting the bed, and another child now “has a visceral reaction to seeing police.”

Nearly one year later on Feb. 8, the family is suing the three DCS caseworkers, four Tennessee Highway Patrol officers, 10 Coffee County Sheriff Department officers, all of which played a part in the incident. “These public officials illegally tore apart and terrorized Clayborne’s family. They acted outrageously and unlawfully. Their actions caused severe emotional trauma to Clayborne and each of her five children,” the lawsuit stated. “Clayborne and the children bring this lawsuit to vindicate their rights against people that harmed them, though the full extent of the harm to their family may never be undone.”

The lawsuit claims that the family’s fourth amendment rights were violated, that there is evidence of multiple counts of false arrest and imprisonment, in addition to many other counts. The family is represented by Herzfeld, Suetholz, Gastel, Leniski, and Wall, PLLC, and Rubenfeld Law Office, PC.

Last year, Williams’ and Claymore’s attorney, Jamaal Boykin, expressed the sheer horror of such an event taking place. “It’s just so shocking to the conscience that in 2023 this is happening,” said Boykin. “I just have to believe if my clients looked different or had a different background, they would have just been given a citation and told you just keep this stuff away from the kids while you’re in this state and they’d be on their way.”

Legislators who heard about the incident also stood up for the family, such as Tennessee Sen. London Lamar. “DCS, Coffee County, y’all need to do the right thing before the situation gets worse, and we have a nation of people coming to the rescue of this Black family,” said Lamar. “Give them their children back. It’s borderline discrimination, because if this was any other family, as their attorney said, we don’t even think this would be the outcome.”

Tennessee Sen. Raumesh Akbari also exclaimed her disappointment in the events that tore the family apart. “It is outrageous that the state forcefully separated Bianca Clayborne, a breastfeeding mother, and Deonte Williams from their kids and have allowed this to continue for nearly a month,” Akbari said. “The state exercised extreme and flawed judgment in taking their children and it seems they’ve doubled down on this poor decision. No family is perfect, but an imperfection, like a simple marijuana charge, is no excuse for tearing a family apart. The state is supposed to support reunification. If they don’t have a better reason, they must immediately return these five children to their parents.”

Cannabis laws in Tennessee are incredibly strict, even for the limited number of patients who are permitted to use medical cannabis as residents. In the 2022 State of the States Report written by Americans for Safe Access, Tennessee received an “F” grade for its medical cannabis program. “Tennessee policymakers should avoid delaying implementation of a medical cannabis program; patients in the state are actively harmed by the state’s inaction,” the ASA wrote. Other states with an “F” rating included Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi, Nebraska, North Carolina, South Carolina, Texas, Wisconsin, and Wyoming.

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A police chief in Maryland is standing up against county regulations, which requires that potential law enforcement applicants must abstain from cannabis use for at least three years before they can be considered for hire.

Police Chief Marcus Jones, who is based in Montgomery County, Maryland, told NBC Washington that the law is making it difficult to find new recruits. “I think in today’s environment, where we are with the legalization of cannabis, that has now restricted law enforcement agencies, particularly larger agencies, across the state,” Jones said.

Earl Stoddard, the Montgomery County Assistant Chief Administrative Officer, also commented on the irony of the issue. “Having a legal drug become a barrier to increasing law enforcement seems like it’s a bad policy,” Stodder said. “It’s a big issue now, but it’s going to become an increasingly large issue as more people who have consumed with legalization consider policing, they realize they’re ineligible, that’s when we expect to see a bigger drop-off in applications.”

Jones also leads the Fraternal Order of Police and is a member of the Montgomery County Council. In April 2023, he asked the Maryland Police Training and Standards Commission to reevaluate its stance on the three-year cannabis rule, and it agreed that it would study for alternatives but hasn’t provided any updates since then.

Once Montgomery County officers are recruited, they are no longer allowed to consume cannabis in any form. However, this isn’t the case in other police departments. In Washington D.C., potential recruits are only required to have abstained from cannabis consumption for at least three months. In Fairfax County, located northwest of Washington D.C., there is no requirement for recruits to abstain from cannabis consumption.

According to NBC Washington, other unnamed “officials” are asking for “more local flexibility on marijuana use in the hiring process.” Currently, Montgomery County law enforcement is trying to fill 175 positions, which is proving to be difficult even with the $20,000 signing bonus for applicants who are eligible. For now, it’s planning to hire an outside firm to help boost recruiting.

Other states, such as New Jersey, have also made efforts to change existing regulations surrounding law enforcement and cannabis.

In February 2023, New Jersey Attorney General Matthew J. Platkin released a revised drug testing policy that alleviates stress on police officers who want to consume cannabis while off duty. “Agencies must undertake drug testing when there is reasonable suspicion to believe a law enforcement officer is engaged in the illegal use of a controlled dangerous substance, or is under the influence of a controlled dangerous substance, including unregulated marijuana, or cannabis during work hours,” the text stated. 

In 2021, a New Jersey law enforcement officer named Norhan Mansour was fired for testing positive for THC in 2021. The officer’s attorney, Peter Paris, defended the officer’s right to consume off duty in June 2023. “What Jersey City is doing is equivalent to terminating police officers because they had a beer off duty,” Paris said. “Except it’s worse because there is no constitutional right to drink beer, while there is a constitutional right in New Jersey to consume cannabis.” By August, Mansour had his job reinstated.

However, progress took a few steps back in New Jersey in October 2023 when the Jersey City Public Safety Director James Shea sued the Attorney General to block law enforcement officers from keeping their jobs if they consume cannabis. The lawsuit claims that anyone who consumes a controlled substance is prohibited from carrying a firearm. “Every citizen in the state of New Jersey has the right to use marijuana,” Shea said. “If one of our officers wants to do that, they could smoke as much as they want—they can no longer perform the duties of a police officer, and we will have to terminate them if we become aware.”

Adult-use cannabis sales began nearly two years ago in New Jersey in April 2022, but Maryland sales didn’t begin until July 2023. During its first week, Maryland collected $20 million in cannabis sales, and as of mid-January, the Maryland Cannabis Administration shows that the state has collected $787.5 million in adult-use sales between July-December 2023. Adult-use cannabis sales collected just $51 million in July, $104 million in August, $159 million in September, $214 million in October, $270 million in November, and $331 million in December.

Maryland medical cannabis sales are slowing down, which is a trend that has played out in other states as well. In July 2023, medical sales reached $285 million, followed by $324 million in August, $360 million in September, $395 million in October, $429 million in November, and $464 million in December.

As of Jan. 18, total year-to-date sales have risen to $796.3 million (which is a combined total of both adult-use and medical cannabis).

The most recent round of adult-use applicants submitted in December 2023 included more than 1,700 applications across all three license categories (cultivation, processing, and retail). According to the Maryland Cannabis Association Acting Director Will Tillburg, the state’s cannabis industry continues to thrive. “The large volume of applications submitted prior to yesterday’s deadline demonstrates the significant interest in the cannabis industry in Maryland,” Tillburg said last month. “It is also a testament to the comprehensive outreach and education efforts made by the administration and our partners at the Office of Social Equity to potential social equity applicants.”

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A series of amendments to state law prohibit employers from discriminating against job applicants based on past or off-the-clock pot use, and the list of jobs now includes police officers. 

Per a bill signed by Gov. Gavin Newsom last October, law enforcement officials in California are updating employment policies for police officers—specifically, removing questions for police job applications about past cannabis use.

Dec. 7, the Commission on Peace Officer Standards and Training issued a bulletin announcing changes in the way aspiring police officers are asked about prior pot use. The bulletin arrives 30 days after a new California law went into effect, which affects law enforcement jobs and many other types of jobs against discrimination surrounding off-the-clock pot use.

Newsom signed Senate Bill 700, spearheaded by Senator Steven Bradford (D-Gardena), along with dozens of other bills Oct. 7. SB 700 amends Government Code section 12954, which “prohibits discrimination against a person in hiring, termination, or term or condition of employment, or otherwise penalizing the person for their use of cannabis off the job and away from their workplace.”

“To meet the provisions of GC § 12954, the POST Personal History Statement—Peace Officer and Personal History Statement—Public Safety Dispatcher forms have been modified to remove inquiries about a candidate’s prior cannabis use,” the bulletin reads. 

Specifically, questions 80-83 and questions 79-82 have been modified. General inquiries about an applicant’s prior criminal history will remain unchanged. The revised forms are available on the POST Website. Other provisions of GC § 12954, which was initially added to the Government Code by Assembly Bill 2188 (2022), pertain to drug screening tests. The Commission on Peace Officer Standards and Training does not require drug testing nor provide guidance in establishing drug use policies. Hiring agencies will need to determine how to adjust their drug testing and/or policies to meet this new law. 

“This law becomes effective January 1, 2024.” 

Employees of most types of jobs in California already are protected for off-duty pot use.

In Sept. 2022, Newsom signed Assembly Bill 2188, a bill from Assemblymember Bill Quirk (D) that makes it unlawful for employers of all kinds to discriminate against a person in hiring, termination, or any term or condition of employment for off-duty cannabis use.

“Existing law, on and after January 1, 2024, makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person because of the person’s use of cannabis off the job and away from the workplace, except as specified.”

The series of amendments make it harder for employers to punish employees and future employees from past pot use.

Other States Take Similar Actions

Some adult-use states have chosen to allow past pot use for aspiring police officers while others have not.

Nevada officials recently amended hiring standards for police officers to allow applicants to be eligible to apply, who would have been disqualified for certain cannabis-related offenses. Nevada’s Commission on Peace Officer Standards and Training (POST) voted to amend rules that prevented applicants from becoming a peace officer if they have been convicted of a drug-related offense.

Other states didn’t exactly follow the same pattern. A lawsuit filed last month aims to block officers on police forces in New Jersey from consuming cannabis, even off the clock.

The New Jersey Monitor reports that Jersey City Public Safety Director James Shea, filed an 18-page complaint on Oct. 16, arguing that because federal law prohibits anyone who uses a controlled substance including cannabis from possessing a firearm, Jersey City cannot employ police officers who consume adult-use cannabis. Shea was joined in his announcement with Mayor Steven Fulop and Jersey City Police Department officials.

The State of New Jersey, Matthew Platkin as Attorney General of the state of New Jersey, The New Jersey Civil Service Commission, Norhan Mansour, Omar Polanco, Mackenzie Reilly, Montavious Patten, and Richie Lopez are listed as the plaintiffs. 

“Police officers in New Jersey are required to possess and receive firearms in order to fulfill their duties as law enforcement officers. New Jersey legalized the regulated use of recreational marijuana/cannabis in New Jersey through passage of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMM Act),” the lawsuit reads. “In doing so, New Jersey failed to address the impact of the federal firearm laws on the use of regulated marijuana/cannabis in New Jersey for persons who are required to possess and/or receive firearms or ammunitions as part of the job duties, including police officers in Jersey City.” 

California and other states are choosing to allow prospective police officers who used to smoke pot in the past.

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Law enforcement officials in Tennessee have shut down a cannabis cultivation site that was operating in a converted church, seizing about 2,000 weed plants in the process. The raid on the church, which was conducted last week by the Stewart County Sheriff’s Office (SCSO), was the result of a weeks-long investigation, according to law enforcement officials.

Although the plant count was not especially high for commercial marijuana growing operations, Sheriff Frankie Gray noted that the bust shut down Stewart County’s largest discovered weed farm ever.

“The sheriff’s office shut down the largest marijuana grow in county history,” Gray said in a statement to local media.

In a social media post on Friday, the sheriff’s office noted that deputies had been conducting an investigation of the church for three weeks after local residents reported a strong odor emanating from the property. The investigators conducted traffic stops to question people they had seen coming from and going to the church and were told that hemp was being grown at the site, which is legal in Tennessee with a license from the state.

Sheriff’s deputies also investigated the electricity and water usage at the property, which was originally built as a Methodist church in 1960 and later sold. Investigators learned that the grow operation had a water bill that was characterized by local media as “high” and was using about $3,000 per month in electricity.

Last week, the SCSO obtained a search warrant for the church on Highway 46 in the community of Indian Mound. Sheriff’s deputies and law enforcement officers from the 23rd Judicial Drug Task Force then raided the site on Thursday and discovered about 2,000 cannabis plants including live plants and others that had already been harvested and dried. The Tennessee Bureau of Investigation also assisted in serving the search warrant.

Cops Fear Possible Booby Traps At Cultivation Site

The sheriff’s office said the marijuana cultivation operation included elaborate lighting and watering systems operated by automatic timers. The agency also reported that the search of the site was slowed as deputies investigated “the possibility of booby traps laid out for law enforcement.” The SCSO also reported that investigators found “a large amount of possibly toxic chemicals” at the site.

Law enforcement officers took one person into custody when the search warrant was served, although officials did not specify what charges the individual was being held on. Others are wanted for questioning, the sheriff’s office said.

The converted church, which is located in northern central Tennessee about 70 miles northwest of Nashville, is listed for sale on Zillow, according to media reports. The property is listed as having four bedrooms and three bathrooms. The listing also notes that the site, which formerly had two buildings, was converted into one building with the addition of a breezeway. The person posting the listing said they were “looking for a quick sale” of the property.

Tennessee is one of only about a dozen U.S. states that have not adopted a comprehensive plan to legalize medical marijuana, although a limited measure to legalize low-THC CBD oil was passed in 2015. Possession of even small amounts of cannabis is still a misdemeanor criminal offense.

Those who commented on the social media post from the sheriff’s office in conservative Stewart County were mostly in favor of the law enforcement action to shut down the cannabis cultivation site discovered at the church last week.

“Our Law Enforcement Agency is always on top of things. Great job!” one person commented.

“Thank you for shutting this operation down,” said another. “Your hard work is appreciated. Stay safe.”

“Thankful for our sheriff’s department and all involved,” added a third Facebook user.

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The Minnesota Office of Traffic Safety (OTS) announced its pilot project to launch a cannabis saliva test for determining impairment in drivers.

According to OTS Director Mike Hanson, the test is being designed to determine recent impairment. “We’re not looking to find somebody who used 10 days or 14 days ago. We’re looking for somebody who used within the last couple of hours,” Hanson explained.

The saliva test would screen for a total of six substances, such as cannabis and opioids, using both the SoToxa Mobile Test System and Dräger DrugTest 5000. Both devices have already previously been tested in other states.

The state’s 320 Drug Recognition Evaluators (DREs), who have been trained to recognize signs of impairment due to substances other than alcohol, will be given saliva devices for the program. A majority of the DREs are local law enforcement officers, but one-third are state troopers. “We’re going to get a good sampling not only in metro areas, but also in the greater Minnesota areas that will give us an idea of how prevalent drug impaired driving is on our roads,” Hanson continued.

In practice, if an officer comes across a driver who appears to be impaired, they will ask them to perform field sobriety tests, followed by swabbing their mouth, if they consent. “That swab is then inserted into a cartridge, and that cartridge then is inserted into the instrument. Roughly five minutes later, you will get your result,” Hanson said. A news report from Fox 9 explained that individuals won’t be arrested or have their licenses revoked while participating.

The pilot program will help the department gather data by using participants who provide voluntary saliva samples. The goal is to determine the presence of one of the six substances, not the varying levels of a substance within a person’s body. “If you have Delta 9 in your system, that tells the officer [the driver] used recently, and that very likely is the cause of their impairment, or part of their impairment if they’re using other things in in conjunction with that cannabis,” Hanson said.

Data shows that between 2013-2017, there were 8,069 incidents involving intoxicated drivers, and between 2018-2022, that number increased to 15,810.

The goal is that OTS will gather data and submit it to the Minnesota Legislature in fall 2024, with the goal of asking lawmakers to update state law to allow the devices to be used by law enforcement to arrest impaired drivers.

In Michigan in 2017, a similar Oral Fluid Roadside Analysis Pilot Program was launched with the use of a device called an Alere DDS2, which tests for amphetamine, benzodiazepines, cannabis, cocaine, methamphetamine and opiates. Between 2019-2020, Phase II of the program was launched. Similar roadside saliva tests have been implemented in Alabama and Kansas as well.

Following adult-use cannabis legalization in Canada in 2018, the country altered its laws to permit the use of roadside saliva drug tests with the Dräger DrugTest 5000. In 2019, the Canadian government approved the SoToxa Mobile Test System for use by law enforcement. 

The Victorian Parliament in Australia recently approved a bill to address and implement a medical cannabis driving trial in October 2023 as well. “This bill will allow us to deliver a world-leading research trial into medical cannabis and driving, enhancing our understanding of how cannabis affects driving behavior and informing future reform,” said road safety minister Melissa Horne.

Victoria was the first Australian province to legalize medical cannabis six years ago. “The reality is patients continue to wait. Medicinal cannabis has been prescribed since 2016, that’s a long time for patients to have to wait for a resolution,” said Australia MP Rachel Payne. “A medicinal cannabis patient should be treated like any other patient who is prescribed medicine by a doctor who also provides appropriate advice about when that patient is safe to drive.”

However, there are concerns regarding the efficacy of these roadside drug tests. In 2019, a Vancouver-based attorney found that the Dräger DrugTest 5000 was not a reliable way to determine impairment, claiming that it was producing false positives for people who had only consumed CBD. “We found there was a retention period of half an hour. It was still found in the mouth even though there were no lingering effects in the body,” said attorney Kyla Lee.

Other complaints included that the device wasn’t performing properly in cold weather. “We need to put more effort in this country into finding a device that can tell the difference between something that’s impairing a person and something that’s merely present in their system,” Lee explained.

In September of this year, an article published on the American Council on Science and Health website explained how these drug tests are still not up to par. In a recent study conducted by researchers at the University of California, San Diego, determined that roadside saliva tests in theory are useful, but not accurate. “One court concluded that ‘there is as yet no scientific agreement on whether, and, if so, to what extent, these types of tests are indicative of marijuana intoxication,’” researchers wrote.

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When Congress legalized industrial hemp in 2018, it prompted a tidal wave of CBD-based products while also eliminating a front in the war on drugs. 

But in Texas, some local law enforcement officials continue to fight the old battle, as a report this week in the Dallas Observer highlights.

The story details a recent raid at the store Venom Vapors in Killeen, Texas, where cops, building inspectors and even the local fire marshal showed up one morning earlier this month saying they had received “a tip about narcotics sales and crime at the business and were there to check it out.”

It was a shock to the store’s owner, Kyle Brown, who recounted the unwelcome visit to the Observer.

More from the story:

“Those authorities managed to find some minor violations, like extension cords that were plugged in where they shouldn’t have been, for one example. But the cops were more interested in some of the products the business was selling – namely hemp products like delta-8, delta-10 and THCa…Many of the products Venom Vapors sells come with a certificate of analysis (COA), which lists the constituents and shows that they are compliant with state law. A detective told Brown he scanned the COA for one of the shop’s delta-8 dab products and that it showed there was too much THC for it to be legal.”

Brown disputed that claim, but according to the Observer, but “the cop said the COA showed the product had something like 80% THC. Brown tried to explain that the COA showed it was within the legal limit of delta-9 THC and that the 80% was actually the delta-8 content.” 

“That’s when things kind of went sideways,” Brown told the publication. “They didn’t take the certificate of analysis for what it was. They instead turned it around and used it against us, which was very alarming.”

In a press release, the Killeen Police Department explained its version of events.

“On Thursday, October 19, 2023, detectives with the Special Investigation Division, conducted a special detail at the Venom Vape/Sweep Stakes located at 1518 S. Fort Hood Street due to crime and narcotic complaints. During the operation, officers arrested seven individuals for Possession of Controlled Substance Penalty Group 1 (under 1 gram), Possession of Controlled Substance Penalty Group 1 (over 1 gram under 4) Fail to Identify Fugitive, Fail to ID, Walking in the Roadway, Resisting Arrest, Search or Transport, and Felony Warrant for Debit Card Abuse,” the press release said.

“On Friday, October 20, 2023, detectives conducted an inspection, with the assistance of the Killeen Fire Marshals, Killeen Code Enforcement, and Killeen Building Inspectors. During the inspection, illegal narcotics were displayed inside the business. A narcotics search warrant was executed, and detectives seized 120 grams of THC products, 56 grams of marijuana, 8 electronic gambling devices (computer towers), 6 gambling ledgers, gambling paraphernalia, and $36,117.00 in US currency.”

According to the Dallas Observer, raids like the one that occurred at Venom Vapors “have cropped up around North Texas in recent months.”

The Observer reported that “Brown claimed the police used the COA to secure a search warrant from a judge, but he thinks if the COA had been presented accurately, the police wouldn’t have been able to get the warrant.”

“The police confiscated all the delta-8 dab products, some delta-8 and delta-10 hemp flower, and some THCa prerolls. They also took over $36,000 from the business as evidence, and eight electronic gaming machines that they say were being used for illegal gambling. (Brown said the machines are also compliant with state law.),” according to the Observer.

The dispute calls to mind another recent story in that part of the Lone Star State: despite the passage of an ordinance by local voters to decriminalize marijuana, officials in Denton, Texas have defied those results.

Voters in Denton –– which is home to the University of North Texas –– overwhelmingly approved the ordinance last year, but in June, members of the city council voted against adopting it.

Under the ordinance, “Denton police officers [would] no longer write tickets or make arrests for possession of small amounts of pot and paraphernalia, [and] no longer stop and frisk people when they smell weed,” the Cross Timbers Gazette reported last year.

But in February, Denton’s city manager, Sara Hensley, sounded the alarm on the implementation of the ordinance.

“I recognize the voters have spoken and I understand that, but we don’t have the authority to implement those because of state law and the conflicts,” Hensley said at the time.

“I do not have the authority to direct the police chief to not enforce the law,” Hensley added.

In June, the Denton City Council voted 4-3 against adopting the ordinance, although the city’s mayor “insisted that police officers still have the discretion not to cite or arrest for marijuana possession but advocates want more assurance they won’t be prosecuted,” CBS News Texas reported at the time.

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