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Chronicle AM: MA MJ Shop Delay Protested, Prison Population Still Dropping, More... (12/30/16)

Massachusetts marijuana shops get delayed by six months, Nevada personal legalization goes into effect next week, the national prison population continues a slow decline, and more.

Hemp is on the move in America. (Vote Hemp)
Marijuana Policy

Amid Protests, MA Governor Signs Law Pushing Back Legalization Implementation. Gov. Charlie Baker (R) Friday signed into law a bill delaying the opening of retail marijuana shops for six months, from January 2018 to July 2018. He did so as demonstrators gathered at the capitol to protest the measure, which was hot-rodded through the legislature by a mere handful of solons on Wednesday. The delay "not only flies in the face of the will of the voters who voted for the January 2018 deadline, it shows contempt for the legislature itself, having been passed, not after three readings to the full House and Senate, but in the course of less than an hour by just two senators and five representatives," said the Massachusetts Cannabis Reform Coalition, which organized the protest.

Nevada Legalization Goes Into Effect Next Week. Voters approved the Question 2 marijuana legalization initiative in November and will begin to enjoy the fruits of their victory on January 1, when the new law goes into effect. It will allow people 21 and over to possess up to an ounce of weed or an eighth-ounce of cannabis concentrates. But retail sales won't go into effect until the state sets up a regulatory structure. The state has until January 2018 to get it done.

Industrial Hemp

Vote Hemp Issues Year-End Report: Four More Hemp States. The industry lobbying and educational group points to hemp victories in Alabama, Florida, Pennsylvania, and Rhode Island this year, as well as hemp-related bills passing in some other states that have already approved industrial hemp production. In all, hemp bills were introduced in 29 states in 2016.

Sentencing

Nation's Prison Population Now at 13-Year Low. Driven largely by a drop in the federal prison population, the country's overall prison and jail population dropped 2% in 2015, pushing it down to levels not seen in more than a decade, the Bureau of Justice Statistics reported Thursday. The decline continues a downward trend that began in 2009. A 7% decline in federal prisoners accounting for 40% of the overall decrease, but states including California and Texas also saw significant prisoner population reductions.

Activist and Author Tony Papa Wins a Pardon. The Drug Policy Alliance's Tony Papa was granted a pardon by New York Gov. Andrew Cuomo Friday. Papa served 12 years of a 15-to-life sentence for drug trafficking before he was granted clemencyby then Gov. George Pataki (R) in 1997. Since then, he has authored two books, pursued a career as an artist, and been a devoted drug reform activist.

International

Poll: British Columbia Voters Ready to Legalize Hard Drugs to Fight Opioid Crisis. A new survey of provincial attitudes toward drugs and addiction finds that nearly two-thirds of residents are open to considering hard drug legalization in the context of the province's ongoing opioid crisis. Some 63% said they were either completely willing to consider legalization or open to considering it with more information, while only 20% flat-out rejected it. Another 17% said they were not willing now, but might change their minds with new information.

The Top Ten Domestic Drug Policy Stories of 2016 [FEATURE]

As 2016 comes to a tumultuous end, we look back on the year in drugs and drug policy. It's definitely a mixed bag, with some major victories for drug reform, especially marijuana legalization, but also some major challenges, especially around heroin and prescription opioids, and the threat of things taking a turn for the worse next year. Here are the ten biggest domestic drug policy stories of the year. (Check back for a top ten international drug policy stories soon.)

1. Marijuana Legalization Wins Big

Legalization initiatives won in California, Maine, Massachusetts, and Nevada, losing only in Arizona. These weren't the first states to do so -- Colorado and Washington led the way in 2012, with Alaska, Oregon, and Washington, DC, following in 2014 -- but in one fell swoop, states with a combined population of nearly 50 million people just freed the weed. Add in the earlier states, and we're now talking about around 67 million people, or more than one-fifth of the national population.

The question is where does marijuana win next? We won't see state legalization initiatives until 2018, (and conventional wisdom may suggest waiting for the higher-turnout 2020 presidential election year), and most of the low-hanging fruit in terms of initiative states has been harvested, but activists in Michigan came this close to qualifying for the ballot this year and are raring to go again. In the meantime, there are the state legislatures. When AlterNet looked into the crystal ball a few weeks ago, the best bets looked like Connecticut, Maryland, New Mexico, Rhode Island, and Vermont.

2. Medical Marijuana Wins Big

Medical marijuana is even more popular than legal marijuana, and it went four-for-four at the ballot box in November, adding Arkansas, Florida, Montana, North Dakota to the list of full-blown medical marijuana states. That makes 28 states -- more than half the country -- that allow for medical marijuana, along with another dozen or so red states that have passed limited CBD-only medical marijuana laws as a sop to public opinion.

It's worth noting that Montana is a special case. Voters there approved medical marijuana in 2004, only to see a Republican-dominated state legislature gut the program in 2011. The initiative approved by voters this year reinstates that program, and shuttered dispensaries are now set to reopen.

The increasing acceptance of medical marijuana is going to make it that much harder for the DEA or the Trump administration to balk at reclassifying marijuana away from Schedule I, which is supposedly reserved for dangerous substances with no medical uses. It may also, along with the growing number of legal pot states, provide the necessary impetus to changing federal banking laws to allow pot businesses to behave like normal businesses.

Drug reformers are nervous about the future. (Gage Skidmore/Creative Commons)
3. The Republicans Take Control in Washington

The Trump victory and Republican control of both houses of Congress has profound drug policy implications, for everything from legal marijuana to funding for needle exchange programs to sentencing policy to the border and foreign policy and beyond. Early Trump cabinet picks, such as Alabama Sen. Jeff Sessions (R) to lead the Justice Department, are ominous for progressive drug reform, but as with many other policy spheres, what Trump will actually do is a big unknown. It's probably safe to say that any harm reduction programs requiring federal funding or approval are in danger, that any further sentencing reforms are going to be in for a tough slog, and that any federal spending for mental health and substance abuse treatment will face an uphill battle. But the cops will probably get more money.

The really big question mark is around marijuana policy. Trump has signaled he's okay with letting the states experiment, but Sen. Sessions is one of the most retrograde of drug warriors in Washington. Time will tell, but in the meantime, the marijuana industry is on tenterhooks and respect for the will of voters in pot legal states and even medical marijuana states is an open question.

4. The Opioid Epidemic Continues

Just as this year comes to an end, the CDC announced that opioid overdose deaths last year had topped 33,000, and with 12,000 heroin overdoses, junk had overtaken gunplay as a cause of death. There's little sign that things have gotten any better this year.

The crisis has provoked numerous responses, at both the state and the federal levels, some good, but some not. Just this month, Congress approved a billion dollars in opioid treatment and prevention programs, and the overdose epidemic has prompted the loosening of access to the opioid overdose reversal drug naloxone and prodded ongoing efforts to embrace more harm reduction approaches, such as supervised injection sites.

On the other hand, prosecutors in states across the country have taken to charging the people who sell opioids (prescription or otherwise) to people who overdose and die with murder, more intrusive and privacy-invading prescription monitoring programs have been established, and the tightening of the screws on opioid prescriptions is leaving some chronic pain sufferers in the lurch and leading others to seek out opioids on the black market.

5. Obama Commutes More Than a Thousand Drug War Sentences

In a bid to undo some of the most egregious excesses of the drug war, President Obama has now cut the sentences of and freed more than a thousand people sentenced under the harsh laws of the 1980s, particularly the racially-biased crack cocaine laws, who have already served more time than they would have if sentenced under current laws passed during the Obama administration. He has commuted more sentences in a single year than any president in history, and he has commuted more sentences than the last 11 presidents combined.

The commutations come under a program announced by then-Attorney General Eric Holder, who encouraged drug war prisoners to apply for them. The bad news is that the clock is likely to run out before Obama has a chance to deal with thousands of pending applications backlogged in the Office of the Pardons Attorney. The good news is that he still has six weeks to issue more commutations and free more drug war prisoners.

6. The DEA Gets a Wake-Up Call When It Tries to Ban Kratom

Derived from a Southeast Asian tree, kratom has become popular as an unregulated alternative to opioids for relaxation and pain relief, not to mention withdrawing from opioids. It has very low overdose potential compared to other opioids and has become a go-to drug for hundreds of thousands or perhaps millions of people.

Perturbed by its rising popularity, the DEA moved in late summer to use its emergency scheduling powers to ban kratom, but was hit with an unprecedented buzz saw of opposition from kratom users, scientists, researchers, and even Republican senators like Orrin Hatch (R-UT), who authored and encouraged his colleagues to sign a letter to the DEA asking the agency to postpone its planned scheduling.

The DEA backed off -- but didn't back down -- in October, announcing that it was shelving its ban plan for now and instead opening a period of public comment. That period ended on December 1, but before it did, the agency was inundated with submissions from people opposing the ban. Now, the DEA will factor in that input, as well as formal input from the Food and Drug Administration before making its decision.

The battle around kratom isn't over, and the DEA could still ban it in the end, but the whole episode demonstrates how much the ground has shifted under the agency. DEA doesn't just get its way anymore.

7. Federal Funds for Needle Exchanges Flow Again

It actually happened late in 2015, but the impact was felt this year. In December 2015, Congress approved an omnibus budget bill that removed the ban on federal funding of needle exchanges. The ban had been in place for 20 years, except for a two-year stretch between 2009 and 2011, when Democrats controlled the House.

Federal funding for needle exchanges is another drug policy response that could be endangered by Republican control of both the Congress and the presidency.

Vancouver's safe injection site. Is one coming to a city near you? (vch.ca)
8. The Slow Turn Towards Safe Injection Sites Accelerates

When will the US join the ranks of nations that embrace the harm reduction tactic of supervised drug consumption sites? Maybe sooner than you think. Moves are underway in at least three major US cities to get such facilities open, a need made all the more urgent by the nation's ongoing opioid crisis, as the Drug Policy Alliance noted in a December report calling for a number of interventions, including safe injection sites, to address it.

In New York City, the city council has approved a $100,000 study into the feasibility of safe injection sites, while in San Francisco, city public health officials have endorsed a call for them there and have even suggested they need as many as a half dozen. But San Francisco Mayor Ed Lee opposes them, so battle lines are being drawn.

The best bet may be Seattle, where city and surrounding King County officials are on board with a plan to open safe injection sites to fight heroin and prescription opioid abuse. That plan, conceived by the Heroin and Prescription Opiate Addiction Task Force, was released in September.

9. Asset Forfeiture Reform Advances

Nearly 20 years after Congress passed limited federal civil asset forfeiture reform, the practice is now under sustained assault in the states. More than a half-dozen states had passed civil asset forfeiture reforms before the year began, and this year the following states came on board (although some of the new laws did not end, but only modified or restricted civil asset forfeiture): California, Florida, Mississippi, Nebraska, Ohio, Oklahoma, Tennessee, and Wyoming.

And next year looks to be more of the same. Bills have already been filed in Missouri and Texas, and renewed efforts are likely in New Hampshire and Wisconsin, where they were thwarted this year.

10. The DEA is Busting Fewer People

The Transactional Records Access Clearinghouse (TRAC) reported in December that convictions for drug cases referred by the DEA continued a 10-year decline. During Fiscal Year 2016, federal prosecutors won 9,553 criminal convictions on cases referred by the DEA. That's down 7.1% from the previous year, down 25% from five years ago, and down 35% from 10 years ago. TRAC notes that the decline in convictions is the result of fewer referrals by the DEA, not a lowered conviction rate, which has held steady.

Chronicle AM: CO Caregiver Plant Limit to Drop Big-Time Next Week, Aussie Poll Has Pro-Pot Plurality, More... (12/27/16)

Colorado caregivers will have to dramatically trim their gardens beginning January 1, Kansas medical marijuana mom Shona Banda has a federal lawsuit thrown out, Australian public opinion is shifting in favor of marijuana legalization, and more.

Kansas medical marijuana mom Shona Banda's federal lawsuit got tossed.
Medical Marijuana

Colorado Caregiver Plant Limits Shrink Dramatically As of Next Week. Beginning January 1, the maximum number of plants medical marijuana caregivers can grow will drop from 495 to 99. The change, adopted by the legislature, is being hailed by law enforcement, which sees it as a move against black market marijuana supplies, but marijuana advocates worry that patients are at risk of losing a vital source of medicine.

Federal Judge Throws Out Kansas Medical Marijuana Mom's Lawsuit. A federal judge has thrown out the lawsuit from Shona Banda, the Garden City mother who lost custody of her son and was arrested over her use of cannabis oil. Garden City police raided her home in March 2015 after he son spoke up about her cannabis use at school, and child welfare authorities took custody of her son. In her lawsuit, Banda argued that she had a "fundamental right" to use medical marijuana and asked the court to restore custody of her son. But the judge ruled that Banda had not responded to filings from plaintiffs and dismissed the case. She still faces state criminal charges.

Heroin and Prescription Opioids

Top Maine Republican Wants Single Committee to Handle Opioid Crisis. Assistant House Minority Leader Ellie Espling (R-New Gloucester) is calling for a single committee to handle bills addressing the state's opioid problem. Drug policy current is handled by three main committees -- Health and Human Services, Judiciary, and Criminal Justice and Public Safety -- but Espling said she doesn't want solutions placed in "silos." But neither the Democratic House leadership nor the Republican Senate leadership has signed on to her idea.

International

Poll: More Australians Now Favor Pot Legalization Than Don't. According to data from the Australian National University, 43% of Australians polled support marijuana legalization, with 32% opposed, and the rest undecided. Support is up nine points since 2013, when only 34% favored legalization and 44% were opposed.

Chronicle AM: Joe Manchin Wants New Drug War, AZ&MI Appeals Courts Rule for MedMJ, More... (12/21/16)

West Virginia Senator Joe Manchin (D) calls for a new war on drugs and gets roundly ridiculed for it, appeals courts in Arizona and Michigan issue favorable medical marijuana rulings, a Missouri bill would end the asset forfeiture loophole that lets state police circumvent tough state laws by going to the feds, and more.

Medical marijuana saw court victories in Arizona and Michigan this week. (Creative Commons/Wikimedia)
Marijuana Policy

California Bill Would Ban Bud Billboards. Over the past year, billboards advertising marijuana products and businesses have popped up all over the state, but now, some lawmakers want to impose strict limits on marijuana advertising. Assemblyman Rob Bonta (D-Oakland) is one of the sponsors of Assembly Bill 64, which would bar ads that could be seen by minors "We have legal adult use and medical use, and we want to make sure that advertising hits the target audience as much as possible and doesn't slip beyond that," Bonta said. "We want to target adults and patients and not the broader audience that includes kids and carpools and school buses and families." The bill would require a two-thirds majority to pass because it would amend Proposition 64.

Medical Marijuana

Arizona Appeals Court Rules Local Officials Can't Use Fed Law to Hassle Dispensaries. In a unanimous decision, the state Court of Appeals ruled Tuesday that local officials can't use the federal ban on marijuana to refuse to provide zoning for dispensaries. Maricopa County Attorney Bill Montgomery (R) had no legal basis to claim that federal law trumps the state's voter-approved medical marijuana, the court held.

Arkansas Regulators Set Number of Commercial Grows at Five. The state Medical Marijuana Commission voted Tuesday to allow up to five commercial cultivation centers in the state. The Arkansas Medical Marijuana Amendment, approved by voters last month, specified that there could be between four and eight centers; the commission opted to start on the low end. Grows won't start, however, until rules about growing, processing, and distribution are finalized.

Michigan Appeals Court Rules Medical Marijuana Law Protects People Transporting It. The state Court of Appeals ruled Tuesday that the state's medical marijuana law extends to people accused of illegally transporting it. A state law written after voters approved medical marijuana, requires that it be stored in the trunk or other inaccessible part of the vehicle, but the court held that law is invalid because it imposes additional requirements on medical marijuana users.

Heroin and Prescription Opioids

West Virginia Democratic Senator Calls for "War on Drugs" to Fight Opioid Crisis. Sen. Joe Manchin (D-WV) said Tuesday a new "war on drugs" in necessary to combat rampant opioid use, sparking immediate ridicule on Twitter and other social media. "We need to declare a war on drugs," Manchin said on CNN when asked what President-elect Donald Trump should do about the opioid situation. Manchin added that he has met addicts who started out smoking marijuana but ended up taking prescription drugs and then moving on to heroin. "It's just been unbelievable," he said. But it was Manchin's resort to last-century tropes that the Internet found unbelievable. Taking on his call for a new drug war, one Twitter user responded, "If only someone would have thought to do that, say, 30 or 40 years ago. Genius!!"

Asset Forfeiture

Missouri Asset Forfeiture Reform Bill Filed. State Rep. Shamed Dogan (R-St. Louis) has pre-filed House Bill 231, which would close a loophole that allowed state and local police to circumvent tough state asset forfeiture laws by turning cases over to the feds. The bill would prohibit such behavior unless the amount involved was more than $100,000 cash.

Chronicle AM: Mexico Senate Approves MedMJ, WI Lawmaker Wants HS Drug Testing, More... (12/14/16)

With the backing of the president, Mexico's Senate has approved medical marijuana; Kentucky's attorney general identifies the opioid epidemic as the state's biggest problem, Nevada drug dogs trained to sniff out marijuana face an uncertain future after legalization, and more.

Do you want to play high school sports in Wisconsin? A GOP lawmaker wants you to have to pee in a cup first. (Wikimedia)
Heroin and Prescription Opioids

Kentucky AG Says Opioid Epidemic Should Be Legislature's Top Priority. Democratic Attorney General Andy Beshear said Tuesday that the opioid epidemic -- not a failing pension program -- is the state's biggest problem and the Republican-controlled legislature should make that its top priority. "We have a very important pension problem that we have to tackle, but a pension hasn't killed anyone's father or mother or taken a child from a parent," Beshear said. "This drug epidemic is the single largest threat to the lives of our citizens and also to our economy itself."

Drug Testing

Wisconsin Lawmaker Wants to Impose Drug Testing on High School Students Statewide. Whether to drug test students is a question traditionally left to local school boards, but state Rep. Joel Kleefisch (R-Oconomowoc) is drafting a bill to impose drug testing on some students statewide. He said he will introduce a bill that will require private and public schools to have policies to randomly drug test students who participate in voluntary activities, such as sports or choir or the debate club. Only a handful of Wisconsin school districts currently have such policies.

Law Enforcement

After Pot Vote, Nevada Drug Dogs Face Uncertain Future. With legal marijuana looming in the state's near future, Nevada drug dogs trained to sniff marijuana could be out of a job. Drug dogs are trained to detect various substances and will alert on any of them, but after January 1, they could be alerting on a legal substance, and that means their usefulness to law enforcement is in question. They could be retrained (difficult and expensive) or replaced (expensive).

International

Mexico Senate Votes Overwhelmingly to Approve Medical Marijuana. The Mexican Senate voted 98-7 Tuesday to approve medical marijuana legislation. The move comes after President Enrique Pena Nieto earlier this year signaled his support. Some lawmakers said they were disappointed the bill didn't legalize marijuana outright.

Philippines President Admits Personally Killing People. Speaking Monday about his bloody war on drugs, which has left nearly 6,000 dead in six months, President Rodrigo Duterte admitted to personally killing people while mayor of Davao City, where he has long been accused of tolerating death squads. "In Davao I used to do it personally. Just to show to the guys [police officers] that if I can do it, why can't you. And I'd go around in Davao with a motorcycle, with a big bike around, and I would just patrol the streets, looking for trouble also. I was really looking for a confrontation so I could kill," he said.

Chronicle AM: Opioid ODs Keep Rising, More Vancouver SIJs, More DC "Smoke Sessions", More... (12/9/16)

Trump's anti-marijuana attorney general pick gets a surprise visit from DC activists, the CDC announces that opioid OD deaths went up again last year, British Columbia expands its safe injection site program, and more.

Marijuana Policy

DC Activists Visit Sessions' Office, Offer Free Weed. As part of their #SmokeSessions campaign to defeat the nomination of Trump's attorney general pick, activists from the DC Cannabis Campaign, the same group that led the DC legalization campaign, visited the offices of Sen. Jeff Sessions (R-AL) Thursday, carrying marijuana with them as they went. Sessions staffers listened to arguments against prohibition and stories about medical benefits and did not call Capitol Police to arrest the federal lawbreakers, leading organizer Adam Eidinger to ask: "If you're not going to arrest people in your own office who bring marijuana… why would you break down people's doors as a federal policy?"

Hemp

Missouri Hemp Bill Filed. State Sen. Rob Schaaf (R-St. Joseph) has pre-filed a bill that would authorize commercial hemp farming, production, and sale, and does not require growers to get federal permission to grow their crop. The measure is SB120. The legislative session starts next month.

Heroin and Prescription Opioids

Opioid Deaths Surpassed 30,000 Last Year. The Centers for Disease Control and Prevention (CDC) released data Thursday showing the opioid overdose deaths had surpassed 30,000 for the first time in recent history last year. That's up nearly 5,000 deaths over 2014. And for the first time since the 1990s, more people died from heroin overdoses than prescription opioid overdoses. "The epidemic of deaths involving opioids continues to worsen," said CDC Director Tom Frieden in a statement. "Prescription opioid misuse and use of heroin and illicitly manufactured fentanyl are intertwined and deeply troubling problems."

Asset Forfeiture

Institute of Justice Sues Border Patrol, IRS Over Asset Forfeiture FOIA Records. The libertarian-leaning Institute of Justice filed a federal lawsuit Thursday against the Border Patrol and the IRS, saying the two agencies are violating the Freedom of Information Act (FOIA). The IRS demanded $750,000 to turn over asset forfeiture records, while the Border Patrol denied the FOIA request, first claiming it was "overbroad" and then saying to do so would reveal law enforcement techniques. "The lack of transparency surrounding forfeiture is deeply troubling, especially considering the vast power law enforcement has to take property from people without so much as charging them with a crime," The Institute for Justice's research director Lisa Knepper said in a press release announcing the suit. "The public ought to know how forfeiture is being used."

Ohio Asset Forfeiture Reform Bill Heads to Governor's Desk. A bill that would require the filing of criminal charges before the state could institute civil asset forfeiture proceedings won final approval in the House Friday and now head to the desk of Gov. John Kasich (R). The measure, House Bill 347, was earlier approved unanimously by the state Senate.

International

New Safe Injection Sites Open in Vancouver, with More Yet to Come. Two new safe injection sites for drug users opened in the city's Downtown Eastside Thursday, and similar facilities will open in Surrey and Victoria next week. And later this month, additional sites will open in all three locations. The move was announced by the British Columbia Ministry of Health, which did not seek permission from the federal government to do so. But they did let Health Canada and the Ministry of Public Safety know it was coming. BC Health Minister Terry Lake said the actions were necessary to combat a rising toll of opioid overdose deaths. "We can't wait for federal changes in order to save people's lives," he said. "We know people are using in alleys, they are using in their rooms, and they are not where the people who can help them are. And so in the face of this crisis, we really just wanted to do more."

Germany's Dusseldorf Wants to Legalize Weed. Following the lead of Berlin, which is moving to allow cannabis coffee shops, the city of Dusseldorf is moving to enact total marijuana legalization. The city council met Wednesday with experts in crime, economics, and psychology to discuss how best to move forward.

Chronicle AM: Petition to Make DEA Stop Lying, New DEA National Threat Assessment, More... (12/6/16)

Medical marijuana advocates want the DEA to quit fibbing about weed, Massachusetts pols say they may delay implementation of legal pot commerce, a medical marijuana bill gets filed in Texas, and more.

DEA marijuana prosecutions are trending down. (dea.gov)
Marijuana Policy

California Roadside Drug Testing Bill Filed. After being defeated last session over concerns that field drug testing devices are not reliable, Assemblyman Tom Lackey (R-Palmdale) is back with a new roadside drug testing bill for the next session, Assembly Bill 6. Lackey says it's all about pot: "The ballot initiative passed this year to legalize marijuana will result in more marijuana consumers on our state's highways and roads," Lackey said in a statement. "It is imperative that we invest in a broad spectrum of technologies and research to best identify marijuana-impaired drivers."

Massachusetts Senate President Says Legal Marijuana Commerce Could Be Delayed. The successful Question 4 marijuana legalization initiative means pot possession, use, and home cultivation is legal as of December 15 and authorizes stores to start selling it in January 2018, but now, key legislators are saying that might not happen on time. Senate President Stan Rosenberg (D) said Monday there is "a strong feeling that we ought to be looking at the later dates, rather than the earlier dates."

Medical Marijuana

ASA Files Petition With DOJ to Make DEA Stop Lying About Marijuana. Americans for Safe Access (ASA) Monday filed a petition under the Information Quality Act with the Justice Department "demanding that the Drug Enforcement Administration (DEA) immediately update misinformation about cannabis." Under the Information Quality Act, federal administrative agencies are required to ensure that the information they disseminate is accurate and objective. ASA says the DEA has violated the act at least 25 times.

Texas Lawmaker Files Medical Marijuana Bill. State Sen. Jose Menendez (D-San Antonio) Tuesday filed a bill to allow for the use of medical marijuana in the Lonestar State. The bill lists qualifying conditions and would allow for private dispensaries, but would not set amount limits. Menendez said that should be left between the doctor and the patient. The bill is not yet available on the state legislative website.

Law Enforcement

DEA Releases 2016 Drug Threat Assessment. The DEA has released its 2016 National Drug Threat Assessment, which emphasizes issues around the use of prescription opioids and heroin and warns about rising opioid overdose rates. The assessment also notes that DEA marijuana prosecutions are declining, but that more of the cases that are prosecuted are domestic, as opposed to Mexican marijuana imports. The assessment also reports declines in Mexican marijuana seizures in every border district but one.

Chronicle AM: Obama Says Federal Pot Prohibition "Not Tenable" After Tuesday, More... (11/07/16)

Marijuana Policy 

President Obama Says Federal Pot Prohibition in Question After Tuesday's Vote. Appearing on the Bill Maher Show Friday night, President Obama said federal marijuana prohibition will not "be tenable" if more states vote to legalize the weed on Tuesday. "The good news is is that after this referenda, to some degree it’s gonna call the question, because if in fact it passed in all these states, you now have about a fifth of the country that’s operating under one set of laws, and four-fifths in another," Obama said. "The Justice Department, DEA, FBI, for them to try to straddle and figure out how they’re supposed to enforce laws in some places and not in others — they’re gonna guard against transporting these drugs across state lines, but you’ve got the entire Pacific corridor where this is legal — that is not gonna be tenable," he said.

 

Maine Legalizers Have Huge Cash Advantage. Supporters of the Question 1 marijuana legalization initiative have raised more than $2.4 million dollars, according to campaign finance reports, while opponents have raised only $201,000. Most of the pro-legalization money has come from the New Approach PAC, the instrument of the heirs of late Progressive Insurance founder and drug reform philanthropist Peter Lewis, while 99% of the anti-legalization money has come courtesy of Project SAM's Kevin Sabet, who now heads the newly formed non-profit Alliance for Healthy Marijuana Policy.

Las Vegas Casino Magnate Sheldon Adelson Again Kicks in Against Nevada Pot Initiative. The Sands Corporation head honcho and prolific funder of anti-drug reform efforts has given more than $1.35 million to the campaign trying to defeat the Question 2 marijuana legalization initiative in recent weeks, according to campaign finance reports. That's on top of $2 million he gave opponents in September. In fact, Adelson is virtually a one-man opposition campaign, having provided 97.4% of all reported opposition campaign contributions. Proponents of Question 2 have raised only $1.2 million.

Medical Marijuana

New Report Calls Marijuana a "Promising Option" for Dealing With Opioid Addiction. A new report from the National Cannabis Industry Association finds that increasing legal access to marijuana can be a potent weapon in the fight against opioid addiction. The report findssignificant progress in reducing addiction and overdose deaths in states that have legalized it.

New Mexico Panel Votes to Allow Medical Marijuana for "Opiate Use Disorder." A state advisory board that makes recommendations to the Health Department on New Mexico’s Medical Cannabis Program voted 5-1 Friday in favor of adding "opiate use disorder" to the list of conditions that qualify. Now, it's up to incoming Health Secretary Lynn Gallagher to accept or deny the recommendation. Such a move could add thousands of new patients to the state's rapidly expanding medical marijuana program.

Asset Forfeiture

Montana Supreme Court Affirms Right to Jury Trial in Civil Forfeiture Cases. In a ruling last week, the state high court upheld and strengthened a 2015 law that reformed asset forfeiture procedures. The ruling came in the case of a man whose land was seized after police found 300 marijuana plants on it. The man was convicted of federal drug charges, but not prosecuted by the state. Even though he faced no state charges, the state seized his land. He requested a jury trial, but was denied in lower court, and a judge turned the property over to the state. But the Supreme Court said the 2015 law supplanted older law on which the trial judge based his decision.

Law Enforcement

Even As Arrests Drop, California Racial Disparities Persist. A new report from the office of Attorney General Kamala Harris finds that arrest rates for all racial groups have dropped in the past decade, but blacks were still much more likely than whites to be arrested on felony charges. When it comes to drugs, black men were six times as likely as whites to be arrested, and black women were nearly three times as likely to be arrested as whites. Latinos, on the other hand, were arrested for drugs at roughly the same rate as whites. 

Clinton's and Trump's Drug Policies [FEATURE]

(This article was written prior to the election.)

One means of judging the competing presidential candidates is to examine their actual policy prescriptions for dealing with serious issues facing the country. When it comes to drug policy, the contrasts between Hillary Clinton and Donald Trump couldn't be more telling.

Donald Trump talks drugs. (Gage Skidmore/Wikimedia)
The country is in the midst of what can fairly be called an opioid crisis, with the CDC reporting 78 Americans dying every day from heroin and prescription opioid overdoses. Both candidates have addressed the problem on the campaign trail, but, as is the case in so many other policy areas, one candidate has detailed proposals, while the other offers demagogic sloganeering.

Guess which is which.

Hillary Clinton has offered a detailed $10 billion plan to deal with what she called the "quiet epidemic" of opioid addiction. Donald Trump's plan consists largely of "build the wall."

That was the centerpiece of his October 15 speech in New Hampshire where he offered his clearest drug policy prescriptions yet (though it was overshadowed by his weird demand that Hillary Clinton undergo a drug test).  To be fair, since then, Trump has also called for expanding law enforcement and treatment programs, but he has offered no specifics or cost estimates.

And the centerpiece of his approach remains interdiction, which dovetails nicely with his nativist immigration positions.

Donald Trump wants a wall here to stop drugs and immigrants. (Wikimedia/Creative Commons)
"A Trump administration will secure and defend our borders," he said in that speech. "A wall will not only keep out dangerous cartels and criminals, but it will also keep out the drugs and heroin poisoning our youth."

Trump did not address the failure of 40 years of ever-increasing border security and interdiction policies to stop the flow of drugs up until now, nor did he explain what would prevent a 50-foot wall from being met with a 51-foot ladder.

Trump's drug policy also takes aim at a favorite target of conservatives: so-called sanctuary cities, where local officials refuse to cooperate in harsh federal deportation policies.

"We are also going to put an end to sanctuary cities, which refuse to turn over illegal immigrant drug traffickers for deportation," he said. "We will dismantle the illegal immigrant cartels and violent gangs, and we will send them swiftly out of our country."

In contrast, Clinton's detailed proposal calls for increased federal spending for prevention, treatment and recovery, first responders, prescribers, and criminal justice reform. The Clinton plan would send $7.5 billion to the states over 10 years, matching every dollar they spend on such programs with four federal dollars. Another $2.5 billion would be designated for the federal Substance Abuse Prevention and Treatment Block Grant program.

Hillary Clinton has a detailed drug policy position. (state.gov)
While Trump advocates increased border and law enforcement, including a return to now widely discredited mandatory minimum sentencing for drug offenders, Clinton does not include funding for drug enforcement and interdiction efforts in her proposal. Such funding would presumably come through normal appropriations channels.

Instead of a criminal justice crackdown, Clinton vows that her attorney general will issue guidance to the states urging them to emphasize treatment over incarceration for low-level drug offenders. She also supports alternatives to incarceration such as drug courts (as does Trump). But unlike Trump, Clinton makes no call for increased penalties for drug offenders.

Trump provides lip service to prevention, treatment and recovery, but his rhetorical emphasis illuminates his drug policy priorities: more walls, more law enforcement, more drug war prisoners.

There is one area of drug policy where both candidates are largely in agreement, and that is marijuana policy. Both Clinton and Trump have embraced medical marijuana, both say they are inclined to let the states experiment with legalization, but neither has called for marijuana legalization or the repeal of federal pot prohibition.

If Clinton's drug policies can be said to be a continuation of Obama's, Trump's drug policies are more similar to a return to Nixon's. 

(This article was prepared by StoptheDrugWar.org"s lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Flailing Trump Pivots to Drug Policy, Demands Hillary Drug Test, Pivots Away Again [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Reeling from allegation after allegation of sexual misconduct, Republican presidential contender Donald Trump tried to go on the offensive on drug policy over the weekend, but in a manner typical of his campaign, he touched only briefly on the topic before flying off on new tangents, and he began his drug policy interlude with a bizarre attack on Hillary Clinton.

Donald Trump talks drugs. (Gage Skidmore/Wikimedia)
At a speech at a Toyota dealership in Portsmouth, New Hampshire, Saturday, the GOP candidate claimed that Clinton was on performance-enhancing drugs before their last debate and suggested drug tests were in order.

"Why don't we do that?" he demanded, adding that Clinton was likely "getting pumped up" as the prepared for that debate.

"We should take a drug test prior cause I don't know what's going on with her. But at the beginning of last debate, she was all pumped up at the beginning and at the end it was like, oh take me down. She could barely reach her car," he claimed.

The claim didn't come out of nowhere. Trump was echoing an ad from two weeks ago from the pro-Trump super PAC Make America Number 1 that showed Clinton coughing and then stumbling to her van on the morning of September 11. The super PAC is bankrolled by Trump backer and big time conservative donor Robert Mercer, who dropped $2 million on the PAC in July.

The unfounded allegation of Clinton pre-debate drug use and the demand for a drug test grabbed media attention, but if Trump was attempting to turn a corner and shift the campaign's focus away from his peccadillos, his strange accusation against Clinton only served to raise more questions about his temperament and suitability for the nation's highest office.

Trump wanted Hillary Clinton to submit to a pre-debate drug test. (Wikimedia)
And it virtually smothered any discussion of actual drug policy proposals Trump made during the speech. While Trump has obliquely addressed the heroin and prescription opioid problem in the past, Saturday's speech was the first time he tried to put any flesh on his proposals for dealing with it.

If anyone were paying attention to the policy details amidst all the racket about the drug test challenge, they would have heard drug policy proposals rooted squarely in the failed drug war strategies of the last century.

Trump would, he said, block drugs from coming into the US by -- you guessed it -- building the wall on the Mexican border. He would also seek to tighten restrictions on the prescribing of opioids. And he would reinstitute mandatory minimum sentences for drug offenders.

"We have 5 percent of the world's population but use 80 percent of the prescription opioids," Trump said, eerily echoing former rival Jeb Bush, who used the same language while campaigning in the state earlier this year.

That statistic is aimed at showing that the US is over-prescribing narcotic pain killers, but according to the World Health Organization, the actuality is that in much of the rest of the world, they are underprescribing them. In fact, the WHO said that in more than 150 countries with 83 percent of the global population, there is virtually no access to prescription opioids for relief of pain.

And the under-treatment of chronic pain isn't just a problem in India or China or Africa. According to the National Institute of Health, more than 50 million Americans suffer significant chronic or severe pain. An opioid policy that focuses only on reducing prescriptions without addressing the need for access to pain killing opioids for actual pain is only half a policy.

When it comes to the border, Trump correctly asserts that Mexico is the source of most of the heroin in the US (it produces 45% itself and another 51% comes from Latin America, mostly Colombia and Guatemala, often through Mexico), but relies on a hyper-interdiction policy ("build the wall") to thwart it. Interdiction -- blocking the flow of drugs into the country -- has been a pillar of US drug policy for decades, but despite massive border build ups and the doubling of the number of Customs and Border Patrol agents in the past 15 years, the drugs still flow.

Long after their popularity wanes, Trump calls for new mandatory minimum sentences for drug offenders. (nadcp.org)
Interdiction hasn't done the trick so far, and there is no indication that even a Trumpian wall would make a difference. The creativity of drug smugglers is legendary, and the economic incentives under drug prohibition are great. As the saying goes, "Build a 50-foot wall, and they'll bring a 51-foot ladder" (or a tunnel).

The third component of his drug policy is a Reaganesque "lock 'em up." In his New Hampshire speech, he saluted running mate Mike Pence for increasing mandatory minimums for drug offenders as governor of Indiana.

"We must make similar efforts a priority for the nation," Trump said.

That position flies in the face of a growing bipartisan consensus that the use of mandatory minimums for drug offenses is draconian, ineffective, and harms mainly minority populations. During the Obama administration, mandatory minimum sentences have been reduced with congressional assent, and Obama himself has granted commutations to hundreds of drug war prisoners serving those draconian sentences, with little dissent.

Trump's drug policy is but a sketch, but even its vague outlines reflect outdated approaches to the issue and a quickness to resort to cheap demagoguery on the issue. Still, while there is plenty of room for discussion of his approach, Trump has apparently already left the issue behind, barely mentioning it since Saturday as he tilts at other windmills.

(This article was prepared by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also pays the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

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