In a wake of decriminalization across the country, and especially in progressive states like California, some San Francisco lawmakers are now trying to decriminalize psychedelics like psilocybin and ayahuasca. Supervisors Dean Preston (D) and Hillary Ronen (D) sponsored new legislation that would reprioritize the enforcement of laws regarding these substances.

If approved, local law enforcement would be forced to reassign enforcement of laws prohibiting the “planting, cultivating, purchasing, transporting, distributing, engaging in practices with, and/or possessing” to the lowest priority. No city resources would be utilized for “any investigation, detention, arrest, or prosecution arising out of alleged violations of state and federal law regarding the use of Entheogenic Plants listed on the Federally Controlled Substances Schedule 1 list.”

Decriminalization doesn’t deem prohibited substances legal, but it stops the legal system from prosecuting someone. In short, it removes criminal penalties. This prevents overcrowding in both the judicial and prison system and provides other avenues for rehabilitation instead of just slapping someone with punishment (and subsequent criminal record). The resolution also noted that there are legitimate medical uses for psychedelics:

“Substance abuse, addiction, recidivism, trauma, post-traumatic stress symptoms, chronic depression, severe anxiety, end-of-life anxiety, grief, diabetes, cluster headaches, and other conditions are plaguing our community and that the use of Entheogenic Plants have been shown to be beneficial to the health and well-being of individuals and communities in addressing these afflictions via scientific and clinical studies and within continuing traditional practices, which can catalyze profound experiences of personal and spiritual growth.”

San Franciso will be the largest city population-wise to decriminalize entheogenic substances if this resolution passes.

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On July 19th, 2022, a former employee of a logistics company filed a lawsuit that claimed the company violated the Fair Credit Reporting Act (FCRA) by performing employee background checks without proper disclosure. The lawsuit specifically refers to FCRA Section 15 U.S.C. § 1681b(b)(2)(A)(i)(ii), which states that a background check cannot be obtained unless a clear, and visible, written disclosure has been given to the employee. It also requires that the disclosure be written on a document consisting solely of the disclosure and that the employee has given written authorization for procurement of the report.

The plaintiff filed the lawsuit with the U.S. District Court for the Central District of California. All allegations were made by the plaintiff based on information and belief that the company violated FCRA requirements. The company has reportedly failed to include or obtain certain information and included additional information that should have remained separate from the disclosure. It is reported that the company failed to obtain proper authorization before conducting a report, failed to include a summary of rights, and failed to make the disclosure evident by hiding it in a small font. Additionally, the disclosure contained superfluous information, authorization for third-party access to information, and a liability waiver.

The FCRA 15 U.S.C § 1681 was established by Congress in 1970 to promote accuracy, fairness, and privacy of employee information filed under consumer reporting agencies. It also aims to protect employees from willful and/or negligent inclusion of inaccurate information in consumer reports. This lawsuit seeks to represent current, former, and prospective employees who applied to the company and had a background check within the last five years. Those who wish to file a claim will be eligible to do so until the final date determined by the judge.

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Pennsylvania’s First Lady, Frances Wolf, recently attended the Manufacturers’ Association for the York County Reentry Employer Roundtable to discuss the importance of second chance hiring practices. The roundtable included groups such as the York County Economic Alliance, the York County Reentry Coalition, business and nonprofit leaders, and criminal justice advocates. At the roundtable, Mrs. Wolf emphasized the administration’s commitment to supporting returning citizens. A 2018 Prison Policy Institute report shows that more than 27% of individuals formerly incarcerated are unemployed.

Both Mrs. Wolf and her husband, Governor Tom Wolf, have been committed to helping those formerly incarcerated. Gov. Wolf has taken steps such as creating a fair-chance hiring policy, updating the professional licensing criteria, and enacting the nation’s first clean slate law to ease hiring difficulties. Now Mr. Wolf is proposing that $1 million be added to the state’s 2022 budget. The funds would be used towards reentry services for women at the local level. This could help reduce recidivism and give women better opportunities, especially for those who are mothers and act as the head of the household.

The PA Department of Corrections notes that there are approximately 2,000 women in Pennsylvania’s State Correctional Institutions (SCIs), with 67% of the women serving five or fewer years. Additionally, 70% are mothers and heads of households. Mrs. Wolf led a virtual roundtable series, Women in Reentry, to underline the challenges women face with reentering their communities.

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The Tampa City Council approved a proposal that plans to reward businesses that hire ex-offenders. The proposal calls for contractors to “ban the box”, which would remove any job application questions inquiring about an applicant’s criminal history. Businesses looking to contract with the city can earn points for currently having ex-offender employees, having previously hired ex-offenders, or having attempted to hire ex-offenders.

The proposal is part of a movement, beginning in the early 2010s, that requires local governments not to ask job applicants about having a criminal history. Under the proposal, the city hopes to encourage private businesses wanting to contract with Tampa. However, this isn’t the first time an expanded ban-the-box policy has been voted on. While the city already passed a policy for their own hires in 2013, the expansion towards contractor hires was rejected in 2015.

According to the National Employment Law Project, the ban-the-box movement has led to 150 cities and counties adopting the ordinance. Luis Viera, Tampa City Council member and sponsor of the ordinance, also hopes to add funding to the upcoming city budget. He hopes to create a new joint apprentice training program with Hillsborough County in order to give skills training to ex-offenders.

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In Washington D.C., the recreational use of marijuana has been legal since 2015. Though it’s been nearly seven years, lawmakers are just now ensuring that employers cannot discriminate against those who partake in a legal substance. The Cannabis Employment Protections Amendment Act of 2022, a bill unanimously passed by city council, would prohibit employers from firing those who fail the test.

There are, of course, exceptions—the law doesn’t apply to those who are fired for smoking on company property, employers who act under federal guidelines, federal government employees in general, those who work in dangerous occupations or operate heavy machinery, etc.

The bill acknowledges that many consume cannabis medicinally, and instructs employers to evaluate “medical marijuana to treat a disability in the same manner as it would treat the legal use of a controlled substance prescribed by or taken under the supervision of a licensed health care professional.” If the bill passes and is signed into law, employers have roughly two months to inform their employees of their new rights and address whether they are “safety-sensitive” employees who are an exception to the law.

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The U.S Department of Veteran Affairs (VA) released a memo clarifying that military veterans with income from a state-legal marijuana business are still eligible to receive home loan benefits. Although marijuana is currently prohibited as a Schedule I controlled-substance under federal statute, veterans are not prohibited from receiving a certificate of eligibility (COE) for a VA-guaranteed loan if their income comes from the retail sale of marijuana. However, the memo warns veterans might face difficulty finding lenders willing to issue loans. It is noted that some lenders may not want to face the risk of issuing loans due to the instability and uncertainty of the cannabis industry. Although veterans might face some difficulty from owning a marajuana business, the VA made it clear that they are still eligible to receive home loan benefits. The Department also states that they will update their page if the legal status of marijuana changes at the federal level. It is uncertain whether this memo was a response to recent requests from congressional lawmakers pushing the department to clarify.

Lawmakers have repeatedly faced issues when dealing with cannabis related issues or reform involving the department. In 2020, the VA was pushed to issue a similar report stating that working in the cannabis industry wouldn’t make a person ineligible for benefits. The push came from Rep. Katherine Clark (D-MA) and other lawmakers who knew of instances where veterans were denied home loans for being in the cannabis industry. Clark introduced an amendment to a defense bill that would solve the issue, and although it was passed by the House in 2019, it was scrapped after the Senate didn’t include it into the final version of its legislation. This week, Clark again filed the VA cannabis worker home loan amendment to the National Defense Authorization Act (NDAA) for the 2023 Fiscal year.

In addition to issues of clarification, the VA has also repeatedly opposed marjuana reform relating to the department. The VA has previously testified against bills encouraging more research on the potential benefits of cannabis for military veterans. They’ve also stated that they will not support marijuana treatment in the new grants program aimed at preventing veteran suicides. Despite the pushback, lawmakers continue to issue and support marijuana reform for veterans. In March, the House and Senate Committees held joint hearings with Veteran Service Organizations (VSO) to hear how Congress and the federal government could help. Marjiunana was brought up by multiple groups. Last Month, a bipartisan bill to provide veterans with access to medical marijuana was reintroduced. Another bill, sponsored by Rep. Seth Moulton (D-MA), would encourage veterans to discuss medical marijuana treatment with their doctor without the fear of losing their federal benefits. Moulton also recently filed an amendment which calls for the Department of Defense (DOD) to lead a study into the medical efficiency of cannabis over opioids for certain conditions.

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Starting July 1st, tenants in Indiana can now seek expungement for past eviction filings. The eviction expungement bill, Indiana House Enrolled Act 1214, was recently passed by the Indiana state legislature. The bill will now allow those with previous eviction filings to file an expungement. The bill does not apply to those who were actually evicted; however, it does apply to those whose eviction filings were dismissed, ruled in their favor, or overturned on appeal.

Tenants can easily seal their eviction filings by completing an eviction expungement form, which can be found at indianalegalhelp.org. Those who need help filling out the paperwork can contact Indiana Legal Services, a non-profit law firm that provides free legal aid to low-income residents. Tenants are able to file for expungement of any eviction filing, regardless of the year. However, expungements can only be filed if the court did not issue judgment where the tenant owes the landlord money in an eviction case.

Many tenants face the burden of having to deal with eviction filings, as it can deter landlords from approving housing applications. Act 1214 can help those who’ve been unfairly punished for eviction cases that were dismissed or ruled in the tenant’s favor.

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The Delaware State Senate has recently passed Senate Bill 13, a bill that would block colleges and post-secondary educational institutions from accessing the criminal history of its potential students. Instead they would be permitted to ask targeted questions concerning convictions. The legal questions permitted for questioning includes crimes such as sexual assualt, kidnapping, murder, stalking, and smiliar offenses. The state aims to help those with a criminal history which prevents them from reaching success.

The bill will be applied to educational institutions that receive state funds and any private institutions that operate a campus in Delaware. Although the bill removes questioning on applications, it does not prevent the request of a student’s criminal record after they’ve been admitted. The request can be used to help the institution make decisions about a student’s participation in campus activities or providing counseling. While making these decisions, the institutions will need to consider several factors such as: the nature/gravity of the offense, time since the conviction, the individual’s age at that time, and whether there is evidence of rehabilitation. The schools may also request further information about an individual’s convictions should they require licensing or certification for their education.

In addition to prohibiting record access, the law also requires the state’s Department of Education to compile an annual report on admissions from every academic institution in the state. While the bill is on its way to the State House for further consideration, many are uncertain about its future. The bill holds concerns on whether it could potentially impact the safety of students, as many could be unaware of convicted offenders being on campus. However, if the bill is to pass the State House it would make Delaware the fifth state to “ban the box” for higher education institutions.

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Illinois officials have announced the approval of $45 million in grants to support community reinvestment for those affected by the war on drugs. The grant funds were generated from the sales tax of adult-use cannabis sales. Under the state’s recreational marijuana law, 25% of the tax revenue generated from cannabis sales must support communities that are economically disadvantaged, experiencing high violence rates, or were disproportionately impacted by drug criminalization.

The reinvestment is part of the Restore, Reinvest, and Renew (R3) program, established under the state’s legalization of adult-use cannabis. This will be the second round of funding to be rolled out by the program, and will support 148 small budget programs within socioeconomically disadvantaged communities. The Illinois Criminal Justice Information Authority (ICJIA) reported that they’ve received 512 submissions for the grant. Those who received funding from the first R3 grant will have their funding renewed to continue providing their services and improving the community.

Since the legalization of cannabis, Illinois has generated massive amounts of revenue from its marajuana sales. In July, $3.5 million in sales tax revenue was used to reduce violence through the application of street intervention programs. Since then, marjiuana sales have continued to increase. Just last year, adult-use cannabis made more than $100 million in tax revenue compared to alcohol sales. Outside of sales, the state has also made movements to aid those with past cannabis convictions. Governor Pritzker announced that his office processed more than 500,000 expungements and pardons for low-level cannabis convictions in 2020. Pritzker also signed a bill that prevents courts from denying petitions to expunge or seal records based on a positive marijuana drug test. Furthermore, Illinois has recently established a state-funded initiative to help residents with marijuana convictions get the legal aid and other services needed to expunge their record.

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On June 14th, 2022, the AMA, also known as the American Medical Association, announced their approval for a resolution that calls for legislation to expunge cannabis arrests and convictions in states where cannabis is no longer illegal. The decision was made at the Annual Meeting of the House of Delegates in Chicago last week, with the goal to bring fairness and equality in legalizing cannabis.

While the AMA still opposes cannabis legalization, the association supports the use of public health strategies over incarceration. The AMA also acknowledges the negative consequences for those with previous cannabis convictions or arrests. There are 18 states that have legalized cannabis use for adults, and 3 dozen states that have legalized the use of medical marijuana. However, in most of those states, those with cannabis arrests or convictions prior to legalization are still having to deal with the negative effects of a criminal record. The AMA notes that a criminal record could keep young adults from obtaining housing, education, loans, and/or jobs. Even those who were able to achieve expungement are still disqualified from eligibility for public health benefits, such as health insurance.

Because of these issues, the AMA is calling for the states where cannabis is now legal to carry out automatic expunctions. Having an automatic expunction system could help people avoid the cost and hassle of having to get an expunction on their own. In addition to expunctions, the policy would also end probation, parole, or other court-ordered supervision for cannabis-related offenses that were later decriminalized or legalized.

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