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Chronicle AM -- February 4, 2014

Legalization proves profitable for Colorado's coffers, decrim moves closer in DC, more drug test bills get filed, Vermont attempts to do something about its opioid problem, a crime lab scandal brews in Florida, and more. Let's get to it:

meth house (assumptionsheriff.com)
Marijuana Policy

DC City Council Approves Decriminalization Bill. The District of Columbia city council today gave initial approval to the "Marijuana Possession Decriminalization Amendment Act of 2014" (Council Bill 20-409), which would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. The bill still faces another council vote, needs the approval of the mayor, then needs Congress to let it happen.

Colorado Takes in $1.2 Million in Marijuana Taxes in First Month. According to an NBC News survey of Colorado retail marijuana shops, pot sales in the month since they were legal have contributed at least $1.24 million in tax revenues to state coffers. But wait -- there's more: The survey only counted tax receipts from half of the shops that opened New Year's Day, meaning the month's total is probably in the $2.4 million to $3 million range.

Arizona Democrat Files Marijuana Legalization Bill. State Rep. Ruben Gallegos (D) and 12 other Democrats have filed a bill to "regulate and tax marijuana in a manner similar to alcohol." The measure, House Bill 2558, allows for the possession of up to an ounce and a small number of plants as well. Another bill, House Bill 2474, would decriminalize the possession of up to an ounce.

Medical Marijuana

CBD Oil Medical Marijuana Bill for Epileptic Kids Filed in Utah. A bill that would allow for the importation into the state of marijuana extracts containing cannabidiol for use by epileptic children has been filed in Salt Lake City. Rep. Gage Froerer (R-Huntsville) introduced House Bill 100 yesterday.

Hemp

Indiana Senate Passes Hemp Bill. A bill that would allow the production of industrial hemp in the Hoosier State was approved unanimously by the Indiana Senate Monday. Senate Bill 357 would require a waiver from federal law before hemp could be grown there. The bill now heads to the House.

Drug Testing

Georgia Food Stamp Drug Test Bill Filed. State Rep. Greg Morris (R-Vidalia) has filed a bill to require mandatory, suspicionless drug testing for food stamp recipients. The bill is House Bill 772. Similar legislation ordering mandatory, suspicionless drug testing for welfare recipients was signed into law in 2012, but never implemented after a federal judge struck down a similar Florida law.

Northern Marianas Bills Would Require Drug Tests for Candidates, Elected Officials. Bills that would require that candidates for political office and elected officials submit to mandatory drug testing have passed the House Committee on Judiciary and Government Operations. House Bill 18-21 requires testing for candidates, and House Bill 18-152 requires testing for elected officials. The US Supreme Court has found a similar Georgia law unconstitutional.

Drug Treatment

Vermont Rolls Out Early Intervention Program for Criminal Drug Users. Gov. Peter Shumlin (D) and other state officials Monday announced a new program to divert crime-committing drug users into a pre-court, 90-day drug treatment program. If they successfully complete the program, they will not be prosecuted. Only those with nonviolent offenses will be eligible. "Instead of treating this as a crime, let's treat it as the disease that it is and offer addicts the opportunity to get into treatment, get the support they need and if they succeed, never to have to go through the criminal process," Shumlin said Monday at the Rutland County Courthouse.

Law Enforcement

Crime Lab Scandal Has Florida Police Reviewing Thousands of Drug Cases. Hundreds of drug convictions may be jeopardized and thousands of drug cases are under review in Florida after a single chemist at a state-run crime lab was accused of tampering with evidence. The chemist, who works at the Pensacola Regional Crime Lab, is suspected of removing "large" quantities of prescription pills from evidence packages and replacing them with over-the-counter medications, the Florida Department of Law Enforcement announced Saturday. That chemist handled at least 2,600 drug cases.

Methamphetamine

Indiana House Passes Meth Property Disclosure Bill. A bill that would require Indiana property owners to disclose to potential new buyers whether the property had previously been used to manufacture methamphetamine passed the House Monday. The bill, House Bill 1141, would require that such properties be listed on a state web site until at least 90 days after it has been certified as decontaminated. The measure now goes to the Senate.

International

Scholar Francisco Thoumi Offers Comprehensive Analysis of FARC Illicit Drug Cultivation Proposals. Colombian scholar Francisco Thoumi, a long-renowned expert on drug production and trafficking there, has authored a lengthy analysis of the FARC's proposals in peace negotiations with the Colombian government in the area of illicit crop cultivation. The article is Las FARC y el campesinado cultivador de plantas ilícitas: dilemas, ideología y decisiones (The FARC and the Drug-Growing Peasantry: Dilemmas, Ideology, and Decisions). It is in Spanish, but can be translated.

In Colombia, British Liberal Democrat Leader Says UK Should Abandon Current Drug Policies. During a visit to Colombia, British Lib Dem leader Nick Clegg said Britain should abandon its current drug policies because they're not working. He said new approaches were needed, but declined to back full legalization. He said the Lib Dems would offer their own alternative proposals shortly.

Chronicle AM -- February 3, 2014

Short-sighted Tories slam a Welsh harm reduction drug testing program, DC could decriminalize marijuana possession tomorrow, Oregon's governor thinks the legislature should legalize it, South Dakota legislators get busy with bad bills, and a South Dakota Indian reservation is thinking about legalization, and more. Let's get to it:

Marijuana Policy

DC City Council Votes on Decriminalization Tomorrow. The DC city council is expected to vote Tuesday to approve the "Marijuana Possession Decriminalization Amendment Act of 2014 (Council Bill 20-409)" would eliminate the threat of arrest for possessing or using marijuana and ensure that people are no longer saddled with life-long convictions that make it difficult to obtain employment and housing. Instead of arresting people the bill would impose a $25 civil fine for possession and a $100 civil fine for smoking marijuana in public places, as well as forfeiture of the marijuana and any paraphernalia used to consume or carry it.

Oregon Governor Wants Legislature to Act on Legalization. Faced with the seeming inevitability of marijuana legalization in his state, Oregon Gov. John Kitzhaber (D) said last Friday the legislature should take it up. "I hear the drumbeats from Washington and Colorado," he said. "I want to make sure we have a thoughtful regulatory system," Kitzhaber said. "The Legislature would be the right place to craft that." A bill to do that, Senate Bill 1556, is currently before the legislature. If the legislature doesn't act, a ballot initiative that could legalize marijuana in the state is waiting in the wings.

South Dakota's Pine Ridge Indian Reservation Considers Legalization. The Oglala Sioux Tribal Council on southwestern South Dakota's Pine Ridge Reservation has taken preliminary steps toward a public vote on marijuana legalization. Last week, the tribe's business development community approved the measure, and Tribal Chairman James Cross supports it. The full tribal council could approve a vote within the next month.

California Legalization Initiative Cleared for Signature-Gathering. The Marijuana Control, Legalization and Revenue Act (MCLR) initiative was approved last Friday for signature gathering to begin. Organizers now have until May to qualify for the November 2014 ballot. They need 504,000 valid voter signatures to do so. Three other legalization initiatives have also been submitted, but at this point, it appears unlikely that any of the initiatives will qualify for the ballot.

Two-Thirds of Hawaiians Ready to Legalize It, Poll Finds. Support for marijuana legalization in the Aloha State has jumped nine points since 2012 and now stands at 66%, according to a new QMark Research Poll. The survey also found 77% opposed jail time for pot possession and 85% supported allowing medical marijuana dispensaries.

New Jersey Poll: Only 41% Support Legalization. A new Fairleigh Dickinson University PublicMind Poll has support for legalizing small quantities of marijuana or personal use at 41%, although it is trending upward. "These numbers point to the possibility that fertile ground exists in the state for those looking to expand legalization beyond medicinal use," poll director Krista Jenkins said. "Policymakers will likely be watching for changes in public opinion as the percentage difference between those in favor and opposed gets closer to the 50/50 mark. Right now, however, a majority of the public remains opposed."

Medical Marijuana

Portland, Oregon, Medical Marijuana Business Symposium Draws Hundreds. Hundreds of people showed up in Portland Saturday at a marijuana business symposium to give and get advice on how to operate dispensaries and related businesses in the state. Beginning in March, the state of Oregon will start accepting applications for the businesses, making it a taxed and regulated industry.

Guam Senate Passes Bill to Put Medical Marijuana on the Ballot. The Guam Senate Saturday approved Bill 215, which would put the question of legalizing medical marijuana directly to the voters. The governor could still veto it, but unless he takes affirmative action to do so it will go into effect. Sponsor Sen. Tina Muna Barnes (D-Mangilao) amended the bill to allow for a popular referendum after running into opposition in the legislature.

New Mexico Medical Marijuana Grower Sues over Stalled Permit. A Santa Fe man has sued the state Department of Health over what he describes as a severe medical marijuana shortage. Mark Springer of Medical Marijuana, Inc. accuses the department of failing to act on his application and asks that it reopen the application period for growers and ease limits on how much they can grow.

Michigan Medical Marijuana Bills Stalled. Two bills that would make it easier for patients to acquire medical marijuana, including allowing dispensaries and the use of edibles, passed the House late last year, but now appear stalled by a hostile Senate committee chair. They are stuck in the Senate Government Operations Committee, chaired by Senate Majority Leader Randy Richardville (R-Monroe), who is not a big fan. "I'm going to sit on them for awhile," he said. The two bills are House Bill 5104 (edibles) and House Bill 4271 (dispensaries).

Methamphetamine

South Dakota Meth Precursor Registry Bill Passes Senate. A bill that would make South Dakota the 30th state to join the National Precursor Log Exchange (NPLEx) to track pseudoephedrine sales passed the Senate last week. Senate Bill 24 now heads to the House for consideration.

Drug Testing

South Dakota Public Benefits Drug Testing Bill Filed. A bill that would direct the state Department of Social Services to screen and drug test public benefits applicants for drug use has been filed in the South Dakota Senate. State Sen. Mark Kirkeby (R-Rapid City) tried and failed with similar bills in 2011 and 2012, but he's back this year with Senate Bill 123.

International

French Legislator Has Bill to Legalize Marijuana. A Green Party legislator said Saturday she had written a bill to legalize marijuana in France. Sen. Esther Benbassa, who represents a district on the outskirts of Paris, said France suffered from "a paradox," with some of the toughest marijuana laws in Europe, but also rising use levels.

Welsh Tories Attack Government for Funding Harm Reduction Drug Testing. Public Health Wales is operating a web site, Wedinos, where individuals can have drug samples tested for content and purity, and that has Welsh Tories crying foul. "This website suggests that Labour in Wales has given up the fight against drugs," complained Shadow Health Minister Jim Millar. "This free service is not just testing recreational highs, but illegal and dangerous drugs including heroin, cocaine and crack and gives advice on snorting and injecting substances." A government spokesman responded that it totally rejects those charges. "We are taking action to help individuals and society deal with the problems of substance misuse," he said. "Wedinos can provide essential intelligence and can help save lives. "It contributes to the wider UK and European Early Warning Systems in place to identify and monitor changing trends in drug use."

United Arab Emirates Toughens Drug Trafficking Laws. The United Arab Emirates (UAE) is vowing to seize assets from drug dealers and traffickers, but at the same time, it is working to enhance drug treatment services as part of "a containment policy for drug addicts, guiding them towards annihilating their addiction through innovative services."

Chronicle AM -- January 24, 2014

Bills are popping at state houses across the land, pot politics continues hot and heavy, world leaders have harsh words for prohibition at Davos, and much, much more. Let's get to it:

Marijuana Policy

Texas Gov. Rick Perry Touts Decriminalization, States' Rights. Texas Gov. Rick Perry (R), speaking at the World Economic Forum in Davos, Switzerland, Thursday, said he believes states should have the right to legalize marijuana and that he would move Texas toward decriminalization.

MPP Petitions Obama to Deschedule Marijuana. The Marijuana Policy Project Wednesday unveiled a Change.org petition asking the Obama administration to deschedule -- not reschedule -- marijuana The petition had nearly 36,000 signatures by Friday afternoon; it needs 50,000 to be addressed by the White House.

Hawaii House Majority Floor Leader Introduces Marijuana Export Bill. House Majority Floor Leader Rep. Rida Cabanilla Thursday introduced House Bill 2124, which would put the state's Department of Business, Economic Development and Tourism and Department of Agriculture in charge of a working group that would outline a plan to legalize the cultivation of marijuana in Hawaii for sale and export to foreign jurisdictions where marijuana is legal.

Rep. Jared Polis Invites Obama, Harry Reid to Check Out Legal Marijuana in Colorado. Colorado US Rep. Jared Polis (D-Boulder) Thursday sent a letter to President Obama and Senate Majority Leader Harry Reid (D-NV) inviting them to come see how Colorado is implementing marijuana legalization. In the letter, Polis wrote that he was"confident that when you see Colorado's work to implement the law while protecting children and raising revenue for our schools firsthand, we can begin to make similar efforts on a federal level."

Pennsylvania Democratic Governor Candidate Says Legalize Marijuana. Former state Department of Environmental Protection head John Hanger, who is seeking the Democratic gubernatorial nomination, called for marijuana legalization at a campaign forum Wednesday night at Lehigh University. "This issue is moving and Democrats better get on board or we'll lose this election to Tom Corbett because people will not come out and vote," Hanger said. "We must expand the voting population." None of the other five Democratic candidates took a stand on the issue.

DC Council to Vote on Decriminalization Bill February 4. The District of Columbia city council will vote on a bill to decriminalize marijuana during its February 4 meeting. It is expected to pass, but may see some amendments during consideration. A legalization bill is also pending before the council, and activists are also leading an effort to legalize through the initiative process.

Medical Marijuana

Florida Medical Marijuana Initiative Has Enough Valid Signatures to Qualify for Ballot. The Florida Department of Elections reported today that the Use of Marijuana for Certain Medical Conditions initiative has more than enough valid signatures to qualify for the November ballot.The department reported more than 710,000 valid signatures; 683,000 were needed. The initiative campaign earlier said it had gathered more than 1.1 million raw signatures. It still must win approval by the state Supreme Court, which is expected to rule by April 1.

Florida Medical Marijuana Initiative Polling at 65%. A new Public Policy Polling survey has support for the Florida medical marijuana initiative at 65%, with only 23% opposed. The initiative will require the votes of 60% of voters to pass because it is a constitutional amendment, as opposed to a statutory initiative.

West Virginia Medical Marijuana Bill Filed. Delegate Mike Manypenny (D-Taylor) and nine cosponsors Thursday filed a medical marijuana bill, House Bill 4264. This is the fourth consecutive year Manypenny has filed such a bill.

Oregon Bill Would Let Localities Regulate, Ban Medical Marijuana Facilities. A bill that would allow local governments to regulate or ban dispensaries or grow ops will be heard by the legislature next month. Senate Bill 1531, sponsored by state Sens. Bill Hansell (R-Athena) and Rod Monroe (D-Portland), was filed at the request of the Association of Oregon Counties and the League of Oregon Cities. The bill is a response to legislation last year that created statewide dispensary regulation and left regulation in the hands of the state, not localities.

Pennsylvania Nurses Endorse Medical Marijuana Bill. The Pennsylvania State Nurses Association Thursday became the first medical professional group in the state to publicly support a pending medical marijuana bill, Senate Bill 1182. The bill gets a hearing before the Senate Law and Justice Committee Tuesday.

Vermont Bill Would Ease Limits on Dispensaries. A bill introduced earlier this month would ease the rules for dispensaries. Senate Bill 247 would remove the 1,000-patient cap on the number of patients dispensaries can see, remove the cap limiting dispensaries to four, allow patients to grow their own, and allow for delivery services. The bill is now before the Senate Committee on Government Operations.

Louisiana Gov. Jindal Says Medical Marijuana Okay if Tightly Regulated. Louisiana's Republican governor, Bobby Jindal, said Wednesday night that he supports making medical marijuana available if it is tightly controlled. "I continue to be opposed to legalization of marijuana," Jindal said as he fielded questions Wednesday during an event at the Pennington Biomedical Research Center. "When it comes to medical marijuana… if there is a legitimate medical need, I'd certainly be open to making it available under very strict supervision for patients that would benefit from that."

Hemp

Virginia Hemp Advocates Meet, Look Ahead. The Virginia Industrial Hemp Coalition met Thursday in Harrisonburg to watch a film and plan how to advance the cause in the Old Dominion. They said they are considering proposing a bill for the next general assembly session.

Heroin

Ohio Attorney General Creates Special Heroin Unit. Ohio Attorney General Mike DeWine (R) announced Wednesday the creation of an investigative unit in his office to combat heroin trafficking and use. The Heroin Unit will include investigators, lawyers, and drug abuse awareness specialists, and will work with local leaders and law enforcement. DeWine is allocating $1 million for the unit. The move comes as the state's heroin overdose toll more than doubled between 2010 and 2012. [But will it accomplish its goal, better than other such programs have in the past? California's naloxone bill would be a better idea for Ohio, too.]

Drug Testing

Indiana Welfare Drug Testing Bill Wins Committee Vote. A bill that would require welfare recipients to be screened for drug use and subjected to drug testing if they are likely drug users passed a House committee on an 8-4 vote Wednesday.

Harm Reduction

California Bill Would Expand Pharmacy Access to Overdose Reversal Drug. Assemblyman Richard Bloom (D-Santa Monica) has introduced Assembly Bill 1535, which would allow pharmacists to provide the overdose reversal drug naloxone to drug users, friends, and family members. "California's overdose crisis remains one of the state's most serious health problems," Bloom said. "Pharmacists are highly trained, highly trusted healthcare professionals. This bill makes it easier for them to help prevent a fatal drug overdose."

International

World Leaders Offer Harsh Assessment of Drug War at Davos. Global leaders gathered for the World Economic Forum in Davos, Switzerland, called drug prohibition a failure and said world leaders need to consider alternatives. "It's been a disaster and has inflicted enormous harm," said former UN Secretary General Kofi Annan. "My country has suffered probably the most from the war on drugs. We need to find more efficient ways to combat it," added Juan Manuel Santos, president of Colombia. "People are being given enormous prison terms just for use. There has got to be a better way than ruining so many people's lives," Kenneth Roth, executive director of Human Rights Watch, said.

Human Rights Watch Makes Case for Drug Reform in 2014 Annual Report. Human Rights Watch released its World Report 2014 and included in it a special essay (click on the title link) on a human rights approach to drug control. The group is calling for the decriminalization of drug possession, finding alternatives to the criminalization of drug markets, and the primacy of human rights considerations in drug treatment.

Dark Web Drug Buyers and Sellers Can Now Use DarkList. A dark web web site that reappeared Wednesday is designed to serve as a directory of underground drug dealers operating dark web drug marketplaces, such as Silk Road 2.0, Agora, The Marketplace, Blue Sky, and others. DarkList says it will help customers connect with preferred dealers. "Let's face it -- buying and selling anonymously on the Dark Web is currently in a volatile state," reads the tagline on the site's homepage. "We built this directory so that you can always have a way to stay in contact with those you love."

Bulgaria Moving Backward on Drug Policy, NGOs Warn. Bulgaria's draft penal code, which has already won initial cabinet approval, includes mandatory prison sentences for any drug possession offense, and that is drawing sharp criticism from drug policy and human rights groups. "With these new proposals, Bulgaria is traveling in the opposite direction to what most other countries are doing," said Ann Fordham, Executive Director of the International Drug Policy Consortium (IDPC). "They are going backwards, while the rest of Europe is modernizing their drug laws and implementing health-based approaches to drugs -- policies that support, rather than punish, people who use drugs."

Bermuda Marijuana Policy Debate Continues to Roil. Activist and attorney Alan Gordon continues to successfully stir the pot in the island nation's marijuana policy debate. On Wednesday, he sent an open letter to Governor George Fergusson asking him to clarify whether Government House would seek to block marijuana legalization legislation. Click on the link to read the letter.

Chronicle AM -- January 22, 2014

Marijuana, marijuana, marijuana. It sure is generating lots of activity, plus Chris Christie speaks out on the drug war, a major farm organization endorses hemp, and Honduras wants to shoot down drug planes. Let's get to it:

New Jersey Gov. Chris Christie (R) wants to end the "failed war on drugs." (state.nj.us)
Marijuana Policy

Philadelphia City Councilman Will Introduce Decriminalization Bill. City Councilman James Kenney said Tuesday he would introduce a bill that would end mandatory arrests for simple marijuana possession. The bill would allow police to issue a summons requiring a $200 fine and a three-hour drug abuse class instead of arresting violators. Philadelphia DA Seth Williams already doesn't prosecute such cases, instead sending offenders straight to class and giving them the fine. "If the DA is not going to prosecute, there's no reason to arrest," Kenney said.

Wisconsin Legislature Passes Bill to Let Localities Prosecute Marijuana Offenses Even if DAs Don't Want To. A bill, Assembly Bill 164, that would expand municipalities' ability to enforce local marijuana ordinances even if district attorneys decline to prosecute passed the state Assembly Tuesday. It already passed the state Senate last September.

Louisiana Legislators Hear Marijuana Legalization Pitch. Supporters of marijuana legalization told lawmakers Tuesday it could generate tax dollars, provide a cash crop for farmers, shrink jail populations, and bring relief to the sick. The testimony was part of a House Criminal Justice Committee study requested by Rep. Dalton Honore (D-Baton Rouge). No legalization bill has been proposed in Louisiana this year.

Legalization Efforts Coming to Three More Maine Cities. After successfully getting a local legalization initiative passed in Portland, the Marijuana Policy Project said Tuesday it will try to do the same thing in Lewiston, South Portland, and York. The group will attempt to put a marijuana legalization question on ballots in all three municipalities through local citizen petitions. The move is part of a larger effort to legalize marijuana statewide in Maine.

Montana Legalization Advocates Turn Eyes to 2016. Big Sky Country marijuana legalization advocates are halting efforts to put an initiative on the ballot this year, and are instead looking to do so in 2016. An initiative had already been filed and cleared for signature gathering, but "the timing wasn't right," said the Marijuana Policy Project.

Medical Marijuana

Illinois Issues Medical Marijuana Draft Rules, Gets Criticism. The Illinois Department of Public Health Tuesday issued draft rules for the state's medical marijuana program, which set a $150 fee to apply for a patient card, require fingerprinting at the patient's expense for a background check, and bar anyone with a drug felony from getting a card, among other things. Patient advocates criticized the lethargic timeline -- it could take up to a year for some patients to get cards -- the costs imposed on patients, and the background checks. The department is soliciting comment on the draft rules until February 14.

Chicago Ordinance Would Limit Dispensaries to Manufacturing Zones. A proposed ordinance (click on the link) supported by Mayor Rahm Emanuel and Councilmember Edward Burke would restrict the locations of dispensaries in Chicago to manufacturing zones. The Marijuana Policy Project is calling on patients and supporters to attend a Committee on Zoning, Landmarks and Building Standards tomorrow to speak out against the restrictive measure. The meeting starts at 10:00am at city council chambers.

North Carolina Poll Has Solid Majority for Medical Marijuana. A new Public Policy Polling survey sponsored by NORML has support for medical marijuana at 63%, up five points from last year. The poll also found support for legalization growing, but still a minority position. Some 42% of North Carolinians now support legalization, up from 39% last year.

New Mexico Doctor Sues Medical Marijuana Board Over Documentation Requirements, Conflict of Interest. A Santa Fe physician has filed a complaint against the Medical Cannabis Advisory Board, claiming the agency exceeded its authority in requiring patient documentation beyond that required by state law and that the director of the board, Dr. Steven Rosenberg, has a conflict of interest because he reviews patient applications for his own practice.

Hemp

Farm Bureau Calls for Removal of Hemp from Controlled Substances List. At its annual convention in San Antonio last week, the American Farm Bureau Federation passed a policy resolution calling for the repeal of hemp's classification as a controlled substance. The Farm Bureau now joins a majority of leading farming organizations that support hemp farming, including the National Grange, the National Farmers Union, and the National Association of State Departments of Agriculture.

Drug Policy

New Jersey Gov. Christie Calls for End to "Failed" Drug War. In his inaugural address Tuesday marking the beginning of his second term in office, New Jersey's embattled Gov. Chris Christie (R) said the war on drugs needs to end. "We will end the failed war on drugs that believes that incarceration is the cure of every ill caused by drug abuse," he said. "We will make drug treatment available to as many of our nonviolent offenders as we can and we will partner with our citizens to create a society that understands this simple truth: every life has value and no life is disposable."

International

Honduras Passes Law to Shoot Down Drug Planes. Honduran legislators late last week approved a bill that would allow the government to shoot down planes suspected of trafficking drugs. Under the bill, authorities would take progressively more forceful steps to make unidentified aircraft land, although with only the defense minister authorized to order a plane be shot down. The Honduran military shot two small planes in 2012 suspected of carrying drugs, and that led the US to suspend anti-drug radar support for about three months.

Chronicle AM -- January 17, 2014

Washington's attorney general has dealt a body blow to the statewide legalization of marijuana commerce there, medical marijuana continues to keep state legislatures busy, a New Mexico town and county pay out big time for a horrid anal search, heroin legislation is moving in Kentucky, and more. Let's get to it:

Marijuana Policy

Washington Attorney General Rules Localities Can Ban Marijuana Businesses. In a formal opinion released Thursday, the Washington attorney general's office held that "Initiative 502 as drafted and presented to the voters does not prevent local governments from regulating or banning marijuana businesses in their jurisdictions." The ACLU of Washington said the attorney general's opinion is mistaken and it "will go to court if necessary" to see it overturned, while the state Liquor Control Board, which is charged with implementing I-502 said that the "opinion would be a disappointment to the majority of voters who approved the law."

Marijuana Reforms Will Be on the Legislative Agenda in Louisiana Again This Year. State Rep. Austin Badon (D-New Orleans) has already introduced House Bill 14, which would dramatically lessen the state's draconian marijuana penalties, and further-reaching bills could be forthcoming. The Badon bill passed the House last year before dying in the Senate.

Medical Marijuana

Pennsylvania Medical Marijuana Bill to Get Hearing This Month. State Senate Law and Justice Committee Chairman Chuck McIlhinney (R) said Thursday he had scheduled a public hearing for January 28 on a medical marijuana bill introduced this week. The bill, Senate Bill 1182, is cosponsored by Sens. Daylin Leach (D) and Mike Folmer (R).

Hawaii House Speaker Says State Needs Dispensaries. House Speaker Joe Souki said Wednesday that the lack of places for medical marijuana patients to obtain their medicine was "a gap in the law" that needs to be addressed. That patients can use medical marijuana but have no place to obtain it is "an anomaly," he said. Addressing dispensaries is a "humanitarian" issue, he added.

Utah Poll Finds Narrow Majority for Medical Marijuana. A new Salt Lake Tribune poll has 51% of Utahns supporting medical marijuana, but 67% opposing decriminalization or legalization.

Georgia Poll Finds Narrow Majority for Medical Marijuana. A new InsiderAdvantage poll has 51% of Georgians supporting medical marijuana "in very specific instances, such as in a liquid form to reduce seizures from young children." Some 27% were opposed, and 22% undecided. "The key here is that any legislation must be on a limited basis. That said, Republicans and Democrats both support this legislation by well over 50 percent, while independent voters are close to a majority as well," said Matt Towery, president of InsiderAdvantage and a former legislator.

Heroin

Kentucky Senate Approves Bill to Reduce Overdose Deaths, Increase Trafficking Penalties. The state Senate Thursday approved Senate Bill 5, which would create more treatment beds for heroin users and lengthen prison sentences for heroin and methamphetamine traffickers. A similar version of the bill passed the Republican-led Senate last year, but stalled in the Democratic-led House. The bill would require the state Medicaid program to cover several inpatient and outpatient treatment options for people addicted to opiates, including heroin and prescription painkillers. It also would divert some of the state's hoped-for savings from a 2011 prison sentencing reform package to expand treatment programs. But the bill would also stiffen penalties for people convicted of trafficking in larger quantities of heroin, methamphetamines or both, requiring them to serve at least half of their prison sentences before they are eligible for shock probation or parole.

Search and Seizure

New Mexico Town, County Pay Out Big Time for Forced Anal Searches of Drug Suspect. A Deming, New Mexico, man who was subjected to a hospital anal exam involving three enemas, a colonoscopy, and being forced to defecate in front of police and medical personnel in a fruitless search for drugs will get $1.6 million in damages in a settlement from Deming and Hidalgo County. David Eckert will most likely win additional damages from a local hospital where doctors agreed to perform the exam.

Sentencing

Charles Colson Task Force on Federal Corrections Funded in Federal Spending Bill. The omnibus federal spending bill filed this week and expected to pass quickly includes $1 million to establish the Charles Colson Task Force on Federal Corrections, an independent, bipartisan grouping that will examine a number of challenges facing the federal correctional system, including overcrowding and ways to minimize growth, violence behind bars, rehabilitation, and reentry. Colson was a Nixon administration official jailed in the Watergate scandal who became a prison reformer in the wake of that experience.

International

Spurred by Attorney, Bermuda's Medical Marijuana Debate Heats Up. Attorney Alan Gordon's online petition to have the Bermudan government allow emergency access to medical marijuana for cancer patients has spurred considerable notice on the island, with National Security Minister Michael Dunkley and Gordon publicly clashing over the law and whether Dunkley can act. Click on the link to see Dunkley's comments and Gordon's well-publicized written response.

Vietnam Sentences Three Drug Offenders to Death; Iran Executes Six. And the resort to the death penalty against drug offenders continues. According to the anti-death penalty group Hands Off Cain, three Vietnamese men charged with heroin trafficking got death sentences, while Iran, the world's leading drug offender execution, hung another six.

Cambodia Drug Detention Centers Rife With Abuse

Cambodian authorities illegally imprison hundreds of drug users and other "undesirables" in detention centers where they don't get drug treatment but instead face torture, sexual abuse, and forced labor, Human Rights Watch charged in a report released Sunday. The rights group called for the centers to be closed immediately.

Cambodian "intervention" truck rounding up drug users and other "undesirables" in Phnom Penh. (hrw.org)
The report, "They Treat Us Like Animals": Mistreatment of Drug Users and 'Undesirables'in Cambodia's Drug Detention Centers, documents the experiences of people recently confined in the centers, who described being thrashed with rubber water hoses and hit with sticks or branches. Some described being punished with exercises intended to cause intense physical pain and humiliation, such as crawling along stony ground or standing in septic water pits.

Former female detainees described rape and other sexual abuse by male guards. Many detainees said they were forced to work unpaid in the centers -- and in some cases, on construction sites -- and those who refused were beaten.

"The only 'treatment' people in Cambodia's drug detention centers receive is being beaten, bruised, and forced to work," said Joseph Amon, health and human rights director at Human Rights Watch. "The government uses these centers as dumping grounds for beggars, sex workers, street children, and other 'undesirables,' often in advance of high-profile visits by foreign dignitaries."

The report identified eight of the drug detention centers and is based on interviews with 33 people who had been held in them. It wasn't just drug users, either. According to the report, authorities also use the drug detention centers to hold homeless people, beggars, street children, sex workers, and people with disabilities.

People interviewed said they saw unaccompanied children as young as six in the detention centers. The children were held in the same rooms as adults, forced to perform exhausting physical exercises and military-like drills, chained, and beaten.

"The government admits that 10% of those held in the centers are children under 18," Amon said. "Children who use drugs or who live on the streets should be protected from harm, not locked up, beaten, and abused."

Human Rights Watch issued a similar report on drug detention center abuses in 2010, Skin on the Cable, which focused national and international attention to the issue of compulsory drug dependency "treatment" centers in the country. Following that report, the United Nations and donor agencies condemned the lack of due process and abusive treatment in centers in Cambodia and the region, while Cambodian government officials largely sought to dismiss the report as "untrue."

A dozen UN agencies issued a joint statement last year calling on countries with such centers "to close them without delay and release the individuals detained," but Cambodian authorities have not responded to that call, nor have they investigated or prosecuted anyone over the reports of torture and abuse at the centers.

"The Cambodian government should conduct a thorough and impartial investigation of arbitrary detention, torture, ill-treatment, and forced labor in its drug detention centers," Human Rights Watch said. "In line with the 2012 UN agency statement, everyone detained in the centers should immediately be released and all the centers closed. The government should replace the centers with expanded access to voluntary, community-based drug treatment."

Cambodia

Chronicle AM -- November 19, 2013

Hmmm, on the same day the DEA warns that "marijuana availability seems to be on the increase," hundreds of people apply for licenses to sell pot in Washington state. Times are changing, and somebody needs to let the DEA know. And there's more news, too. Let's get to it:

Crackdowns on pain pills are leading the way to comeback for heroin. (wikipedia.org)
Marijuana Policy

Hundreds Apply for Pot Business Licenses in Washington State. Monday was the first day budding ganjapreneurs could apply for licenses to open marijuana cultivation, processing, and retail facilities, and interest was intense. By 2:00pm Monday, 299 applications had been submitted. The state envisions up to 334 marijuana retail shops opening next year; it is unclear how many production and processing facilities will be licensed, although regulators have said they want to limit cultivation to two million square feet statewide. Applications are being accepted through December 17.

Arkansas Attorney General Rejects Another Marijuana Initiative. The Arkansas attorney general's office Monday rejected the proposed language of an initiative that would repeal the state's marijuana laws. The initiative isn't clear about what it seeks to achieve, the office said. The attorney general's office has been busy with initiatives this year; it has already approved two separate medical marijuana initiatives, and the author of this one can come back with new language if she wishes.

Drug Policy

DEA Releases 2013 National Drug Threat Assessment. The DEA Monday released the annual drug threat assessment, which includes looks at drug use and trafficking trends. The report identifies the illicit use of controlled prescription drugs as "the nation's fastest growing drug problem," warns that heroin use and supply is up, as is methamphetamine, but that cocaine use and supply is down. Also, "marijuana availability seems to be increasing," and synthetic drugs "have emerged as a serious problem in the United States."

New Yorkers to Map Out City Drug Policies on Saturday. New York City residents just elected a self-described progressive -- Bill de Blasio -- as mayor. Now, they will have a chance to let him know what direction they want the city to take on drug policy. As part of Talking Transition, "an open conversation about the future of New York City," hundreds of people are expected to attend a Saturday forum on "Ending the New Jim Crow: Mapping the Future of Drug Policy in New York City," then break into small groups to make recommendations on issues ranging from racially-biased marijuana arrests, lack of effective drug treatment, and overdose prevention strategies. Click on the main link for more details.

Heroin

Ohio Attorney General Declares War on Heroin. Ohio Attorney General Mike DeWine Monday announced he had created a new heroin unit within his office to fight back against what he called "an epidemic" of heroin use. The move comes as heroin overdose deaths have doubled in recent years, from 292 in 2010 to 606 last year. DeWine said his office will spend an additional $1 million a year on increased assistance to law enforcement, community outreach workers, and lab technicians. The rise in heroin use in Ohio comes after Gov. John Kasich cracked down on pain clinics in 2011, leaving illicit heroin as the last resort for people strung out on opioids.

International

China to Turn "Re-Education" Labor Camps into Drug Treatment Centers. At its recent Third Plenary meeting, the Chinese Communist Party announced it was abolishing its controversial "re-education" labor camps. Now, it turns out that the camps won't be closing, but will instead be converted into drug treatment and rehabilitation centers. "The new rehab centers will provide compulsory drug rehabilitation treatment for addicts, and help them find self-confidence again," one official explained. There are 1.8 million "officially registered" addicts in China, but the number of actual addicts could run as high as 12 million.

Canadian Students for Sensible Drug Policy Meets in Vancouver This Weekend. Canadian SSDP is holding its annual national conference this weekend in Vancouver. In addition to panels and speeches, there will be tours of Insite, Vancouver's supervised injection facility, a Downtown Eastside Walking Tour, and rides on the Sensible BC bus. For more details, click the link.

Health Canada Approves Heroin Maintenance [FEATURE]

Last Friday, Health Canada used some creative rule-reading to approve a program that would provide prescription heroin to a small number of hard-core users, and the Conservative health minister isn't happy. But doctors, advocates, and the users themselves are quite pleased -- and once again, Canada stays on the cutting edge when it comes to dealing smartly with heroin use.

Health Canada approved access to prescription heroin for at least 15 people who are completing their participation in Vancouver's Study to Assess Long-term Opioid Dependence (SALOME), which is testing whether prescribing heroin was more effective than prescribing methadone for users who have proven resistant to conventional treatments. The move came after participants and advocates have been calling for an "exit strategy" for the 322 people in the study.

SALOME began at the end of 2011 and has been enrolling participants on a rolling basis for a year at a time. The final group of participants will finish up at the end of next year. It built on the success of the North American Opioid Maintenance Initiative (NAOMI), a study in Vancouver and Montreal from 2005 to 2008. That study found that using heroin is cheaper and more effective than using methadone to treat recalcitrant heroin users.

While the Conservative federal government has been a staunch opponent of heroin maintenance, not to mention also fighting a bitter losing battle to close down the Vancouver safe injection site, Health Canada bureaucrats were able to find a loophole that will allow doctors to prescribe heroin to graduating study participants under the ministry's Special Access Program (SAP).

That program is designed to provide drugs to Canadians with life-threatening illnesses on a "compassionate or emergency" basis. The SAP includes "pharmaceutical, biologic and radiopharmaceutical products that are not approved for sale in Canada." The program covers diseases including intractable depression, epilepsy, transplant rejection and hemophilia, but heroin addiction isn't mentioned.

"Health Canada made a wonderful decision," said Scott Bernstein, Health and Drug Policy Lawyer for the Vancouver-based Pivot Legal Aid Society, which represents 22 SALOME participants and the BC Association of People on Methadone in order to advocate for their continued access to health care and the protection of their human rights. "The decision was one based on the evidence and not ideology. It means that those SALOME participants allowed access can live safer, more stable lives, lives free of crime and remaining under the care of doctors, not drug dealers."

But Health Minister Rona Ambrose appeared to have been caught flat-footed by the Health Canada decision. She issued a statement the same day decrying the move, saying that it contradicted the government's anti-drug stance.

Pharmaceutical diacetylmorphine AKA heroin (wikimedia.org)
"Our government takes seriously the harm caused by dangerous and addictive drugs," Ambrose said. "Earlier today, officials at Health Canada made the decision to approve an application under the Special Access Program's current regulations to give heroin to heroin users -- not to treat an underlying medical condition, but simply to allow them to continue to have access to heroin for their addiction even though other safe treatments for heroin addiction, such as methadone, are available."

The move is "in direct opposition to the government's anti-drug policy and violates the spirit and intent of the Special Access Program," Ambrose said, adding that she would take action to "protect the integrity of the (SAP) and ensure this does not happen again."

Ambrose's remarks prompted a Monday response from SNAP (the SALOME/NAOMI Patients Association), comprised of "the only patients in North America to be part of two heroin-assisted treatment (HAT) clinical trials" -- NAOMI and SALOME. SNAP noted that European heroin-assisted treatment trials had allowed participants to continue to be prescribed heroin on compassionate grounds after the trials ended and that "heroin-assisted therapy is an effective and safe treatment that improves physical and psychological health when the participants are receiving treatment."

"The Canadian NAOMI trial is the only heroin-assisted treatment study that failed to continue offering HAT to its participants when the trial ended in Vancouver," SNAP said. "We do not want to see the same outcome for the SALOME trial. Currently, SALOME patients are being offered oral hydromorphone when they exit the trial. However, there is currently no scientific evidence to support this treatment option for opiate addiction in the doses required; thus we urge you to reconsider your comments and to support Health Canada's decision to grant special access to heroin for patients exiting the SALOME trial. We also urge Canadians to support the immediate establishment of a permanent HAT program in Vancouver, BC."

Patients and their supporters weren't the only ones supporting the Health Canada move and criticizing Minister Ambrose for her opposition. New Democratic Party health critic Libby Davies also had some choice words for her.

Davies was "outraged" that Ambrose would "overrule her own experts," she said. "Medicalized heroin maintenance has been used very successfully in places like Europe. It's another example of the Conservative government ignoring sound public policy, instead making decisions based on political dogma."

Indeed, while Canada has been on the cutting edge of opiate maintenance in North America, being the scene of the hemisphere's only safe injection site and heroin-maintenance studies, similar moves have been afoot in Europe for some time. Prescription heroin programs have been established in several European countries, such as Switzerland, Germany, Denmark, The Netherlands, and the United Kingdom.

Now, it seems that Canada will join them, despite the health minister's dismay.

Vancouver
Canada

Chronicle Book Review: High Price

High Price: A Neuroscientist's Journey of Self-Discovery That Challenges Everything You Know About Drugs and Society, by Dr. Carl Hart (2013, Harper/Harper Collins Publishers, 340 pp., $26.99 HB)

Dr. Carl Hart grew up black and poor in Miami in the 1970s and 1980s, learned discipline from his desire to be a professional athlete, joined the armed forces, and wandered almost by happenstance into a career in the neurosciences. Now, Hart is at the pinnacle of his field -- a respected researcher in drug effects, the first African-American to become a tenured professor in the sciences at Columbia University, and a member of the National Advisory Council on Drug Abuse and Dependency. And he has some things to say.

Some of those things contradict the conventional wisdom, but Hart has the cred -- both street and academic -- to state them. Although it is the addict or problematic drug user who is too often the media's face of drug use or the subject of scientific research, he notes, the vast majority of drug users are not addicts or problematic. And yes, that even extends to the most demonized drugs, like crack. While we were told one hit could get you strung out, it turns out only a small fraction of crack consumers are addicts, he points out.

Hart also has good, practical advice -- naive drug users shouldn't take drugs the same way experienced users do, for example, or get enough sleep! -- based not only on scientific research, but also personal observation and experience. Now at the pinnacle of his profession, he also wants to restore some sanity to our drug policies.

Dr. Hart has come a long way from the mean, if sun-splashed, streets of Miami, and with High Price, he takes you along for the ride. The journey is well worth it. Part memoir, part social history, part drug science, part plea for sanity on the issues of drugs, race, and class, High Price is revelatory as well as readable, illuminating as well as incisive, as impassioned as it is important.

While Hart grew up the wrong color and in a family scrabbling to hang on to its lower middle class status, his is, above all, an American story -- a story of coming of age, overcoming adversity, and striving for success and understanding in a world seemingly stacked against him. It's also the story of the American working class, buffeted by the de-industrialization that began in the 1970s, targeted by Reagan Republicans with cuts in social programs in the 1980s, and mostly dealt with by "tough on crime" and "tough on drugs" policies that have been in place ever since. That the malignant swelling of the nation's prison population is tied to Reagan era policies ( though many of them enacted by Democratic legislators) too often goes unnoted.

But of course, Hart isn't an unhyphenated American, he's African-American, and that means he carries an additional burden, the assumption too many make of criminality based on little more than his skin color. He wasn't expected to succeed, but to become a number, like so many of his peers. And, as he notes, but for the grace of god he could have gone down that path. He recounts the teenage criminality of he and his peers, making the stark point that a single arrest could make the difference between a career as a scientist and a career as an ex-con car washer. Some of his friends, no better or worse than he, had that unfortunate first encounter with law enforcement and the criminal justice system and never recovered: Educational opportunities blocked, job opportunities lost, they were essentially assigned to the scrap heap.

For some of them, it was a drug bust. Slinging dope was and is a way of life for the marginalized poor, an income, although not a great one, and a way to achieve status and respect. But of course, it's also a ticket to the slammer, particularly if you're poor and of color, without the resources available to middle class white folks. One thing Hart makes crystal clear is just how stacked the deck is against the urban poor, and that alone makes his book worth noting.

Hart grew into young adulthood imbibing the conventional wisdom about how drugs had had such a devastating impact on his community, but he also began to start thinking critically about the mismatch between rhetoric and reality. At some point along the way, he had a Chris Rock moment.

"You know what they say, crack is destroying the ghetto," Rock once famously observed. "Yeah, like the ghetto was so nice before crack. They say that shit like everyone in the 'hood had a yacht, a mansion, and a swimming pool, and crack came by and dried it all up."

As Hart began studying psychology and eventually neuroscience, he began noticing that the effects of crack cocaine widely touted in media and political discourses didn't match the science. In fact, he observed, most of the devastating effects attributed to crack could more fairly and accurately be attributed to poverty. Crack didn't bring guns to the ghetto; they were already there. Crack didn't bring broken families to the ghetto; they were already there. It may not have helped, but it was not the root cause of the problem.

"The effect of crack, when it had one, was mainly to exacerbate the problems that I'd seen in my home and in the hood since the 1970s," he wrote. "The drug's pharmacology didn't produce excess violence."

The studies on which he embarked, moving on from observing the effects of drugs on rats to observing their effects on people, led him to a startling -- and eye-opening -- conclusion: "Much of what we are doing in terms of drug education, treatment and public policy is inconsistent with scientific data."

Hart's critique extends to the science itself. He describes famous experiments where rats or monkeys alone in a cage will repeatedly press a lever to get more drugs, up to the point of death itself. But he then explains how those doses are many times higher than those any human would use, and he makes the crucial point that obsessive drug-taking behavior is reduced when the lab animals are part of a community and when they have other options.

Based on his scientific research, as well as his own observations and historical research (and musical and lyrical inspiration from the likes of Bob Marley and Public Enemy), Hart decided he needed to speak out against the injustices of the war on drugs. He became a board member of the Drug Policy Alliance, he began speaking to groups large and small, and High Price is part of that same education project.

This is not your typical drug policy tome. It's not a paean to pot, nor is it a dry academic treatise. But it is important, not only because it provides a voice for the voiceless peers he left behind, but also because it is a science- and evidence-based clarion call for a smarter and more human approach to drugs, one that situates drugs and problematic drug use within the broader social context. And it's a damned good read, too.

Malaysia Minister Talks Drug Decriminalization

A Malaysian government minister said Sunday the Southeast Asian nation is moving toward decriminalizing drug possession, but her remarks also suggested that drug users would be exchanging jail cells for treatment beds. Minister in the Prime Minister's Department Nancy Shukri said the government's policy was moving from prosecuting drug users to treating them.

Nancy Shukri (frim.gov.my)
Her remarks came at the end of a High Level Meeting on Drug Policy and Public Health sponsored by the Global Commission on Drug Policy. The meeting was held in conjunction with the 2013 International Aids Conference held over the weekend in Kuala Lumpur, the Malaysian capital.

Shukri also said that the Association of Southeast Asian Nations' (ASEAN) goal of a drug-free region by 2015 was not realistic, but that smarter approaches by authorities could reduce drug dependence.

"There is no such thing as drug-free but we can control it by changing or shifting our policy," Shukri said. "Instead of looking at drug dependents as criminals, we should actually look at them as patients. Instead of bringing them to jail, we bring them to the clinic," she told a press gaggle after the AIDS conference ended.

Shukri said that Malaysia had been taking steps toward a more effective and humane drug policy, but that those initiatives were not widely known. She cited ongoing needle exchange programs for injection drug users. The sharing of needles is a known vector for the transmission of the AIDS virus, and the program had resulted in a reduction in new HIV/AIDS infections, she said.

"Others include the harm reduction program and upgrading of the rehabilitation centers into Cure & Care Clinics," Shukri said. "We are already there (decriminalizing drugs) but we are not making it loud enough for the people to understand that we have this policy. Our policy has not been established in a formal way."

That could be coming, though. Shukri said the government is currently reviewing the country's drug laws, including the Drug Dependents (Treatment and Rehabilitation) Act of 1983.

"The Law Reform Committee is now in the process of discussing to amend that particular provision [Section 4(1)(b) of the Act which allows the detention of a suspected drug dependent for up to 14 days for a test to be conducted]," she said.

Kuala Lumpur
Malaysia

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