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Chronicle AM -- July 25, 2014

Wichita looks set to vote on decriminalization this fall, Rand Paul (busy, busy) files a federal asset forfeiture reform bill, drug users finally get a voice at the International AIDS Conference, and more. Let's get to it:

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Marijuana Policy

Wichita Decriminalization Initiative Campaign Turns in Twice the Necessary Signatures. Organizers of a decriminalization initiative signature-gathering campaign yesterday turned in 5,800 signatures to get the initiative on the November ballot. Kansas for Change needs 2,928 valid voter signatures to qualify. They turned in the signatures at 4:20pm.

Five People Ticketed for Marijuana Possession in First Week of DC Decriminalization Law. DC police have cited five people for marijuana possession in the week since the DC decrim law went into effect. Four of the five citations came in predominantly black areas of the city east of the Anacostia River. Last year, before decrim, police made about 11 marijuana possession arrests a day.

Poll: California Latinos Strongly Oppose Deportation for Marijuana Possession. A new poll from Latino Decisions and Presente.org finds that nearly two-thirds (64%) of California Latinos strongly oppose deporting non-citizens for marijuana possession. Marijuana possession is the fourth most common criminal offense leading to deportation, according to a 2012-2013 study by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

Asset Forfeiture

Rand Paul Files Asset Forfeiture Reform Bill. Sen. Rand Paul (R-KY) has filed a bill to reform federal asset forfeiture laws. Yesterday, he introduced the FAIR (Fifth Amendment Integrity Restoration) ACT, Senate Bill 2644, which would require the government to prove with clear and convincing evidence that the property it wishes to forfeit is connected with a crime. The FAIR Act would also require that state law enforcement agencies abide by state law when seizing property. It would also remove the profit incentive for forfeiture by redirecting forfeitures assets from the Attorney General's Asset Forfeiture Fund to the Treasury's General Fund.

International

Drug Users Get a Voice at Global AIDS Conference. For the first time, a group of drug users has been allowed space at the International AIDS Conference, taking place this year in Melbourne, Australia. The International Network of People Who Use Drugs (INPUD) had a booth at the conference and also held a movie premiere event at the conference for the film, "We are Drug Users."

British National Survey Finds Slight Overall Increase in Drug Use. The number of drug users in Britain increased by 0.7% last year, according to the 2013 to 2014 Crime Survey for England and Wales. Some 8.8% of adults used drugs in the past year; 6.6% used marijuana. Cocaine was the second most commonly used drug, at 2.4%.

Guatemalan President Still Mulling Marijuana Legalization. President Otto Pérez Molina said in an interview in Washington yesterday that he hadn't ruled out the possibility of legalizing marijuana. "Right now we have a commission that's following what's been happening in Uruguay, Portugal, Holland, Colorado, and the state of Washington," he said. "I expect to receive the studies, analysis and recommendations at the end of the year and from there we will make the decisions that would best fit our country." Pérez Molina will be hosting an international conference on drug policy in Guatemala in September.

WOLA Releases Analysis of Ecuador Drug Policy Trends and Contradictions. The Washington Office on Latin America (WOLA) has published "Reforma y contradicciones en la politica de drogas de Ecuador." The report identified advances and blockages in Ecuador's path to a more progressive drug policy. Click on the link to read it in Spanish or use your translate button or wait a few days for WOLA's English version to read it in English.

Chronicle AM -- July 21, 2014

The World Health Organization calls for drug decriminalization (and more), international drug reform and harm reduction groups warn of an AIDS prevention crisis, marijuana policy is popping up in some Republican primaries, and more. Let's get to it:

Times are changing when marijuana legalization becomes an issue in Republican primaries. (wikimedia.org)
Marijuana Policy

MPP Urges Votes for Bob Barr in Georgia Republican Congressional Primary Tomorrow. The Marijuana Policy Project is calling on its Georgia supporters to get out and vote for Republican congressional candidate Bob Barr in the primary tomorrow in the state's 11th congressional district. Barr made a reputation in the 1990s as an arch-drug warrior, but has since become a staunch supporter of drug policy reform and civil liberties.

Kansas GOP Gubernatorial Candidate Challenges Incumbent With Platform That Includes Legalizing Marijuana. Gov. Sam Brownback (R) is facing a long-shot challenge from Jennifer Winn, a small businesswoman whose son is facing a murder charge over a marijuana deal gone bad. She says she entered the race out of anger over that, and her platform includes legalizing marijuana and industrial hemp, as well as a broader call for drug policy reform. Her race is being watched as a sign of how damaged the state GOP is after years of Brownback's ultraconservative social and economic policies.

Washington State Rang Up $1.2 Million in Marijuana Sales in First Week. Only a handful of stores were actually open and supplies were limited, but the first week of legal marijuana sales in Washington still generated more than $1.2 million in sales, according to the state Liquor Control Board. It also generated $318,043 in taxes collected so far.

Despite Philadelphia City Council's Decriminalization Vote, Marijuana Possession Arrests Continue. Last month, the city council voted to decriminalize possession of up to an ounce, but Mayor Michael Nutter opposes the bill, and Police Chief Charles Ramsey vowed to continue marijuana possession arrests. He's lived up to his word. Since the bill was passed, 246 people have been arrested for pot possession, 140 of them charged only with pot possession. Of the 124 people charged with additional crimes, the vast majority were only drug charges. Mayor Nutter has until September to act on the decriminalization bill. He can sign it, veto it, or do nothing, in which case it becomes law without his signature.

Medical Marijuana

Illinois Governor Signs Bill to Expand Access to Medical Marijuana. Gov. Pat Quinn (D) yesterday signed into law a bill that will expand the state's medical marijuana program by allowing people with seizure disorders to use it and by allowing minors to participate in it with parental consent. The measure is Senate Bill 2636.

New Mexico Backs Off on Medical Marijuana Program Changes. The state Department of Health announced last Thursday that it will not move forward with proposed rule changes that included limiting the number of plants patients could grow and requiring criminal background checks for patient growers. The department said there will likely be another hearing for public comments before new rules are finalized this fall.

Psychedelics

Memorial Event for Sasha Shulgin in Berkeley Next Month. The psychonauts at Erowid are hosting a memorial and community gathering in Berkeley next month to honor the memory of Dr. Alexander "Sasha" Shulgin, the legendary scientist of psychedelics who died early last month. Please RSVP if you are planning to attend; click on the link to do so.

Drug Policy

World Health Organization Calls for Drug Decriminalization, Broad Drug Policy Reforms. In a report on HIV treatment and prevention released earlier this month, the World Health Organization quietly called for drug decriminalization, needle exchanges, and opiate substitution therapy. The WHO's positions are based on concerns for public health and human rights.

Drug Testing

Mississippi Public Hearing on Welfare Drug Test Law Tomorrow. The Department of Human Services is holding a hearing tomorrow in Jackson to hear public comment on a new welfare drug testing law that was supposed to have gone into effect July 1. It was delayed to allow for a public hearing. The law is opposed by the ACLU and racial and social justice activists. Click on the link for time and location details.

Harm Reduction

Drug Reform and AIDS Groups Warn of "Global Crisis" in HIV Prevention Funding, Especially for Injection Drug Users. As the 20th International AIDS Conference gets underway in Melbourne, Australia, three drug reform, harm reduction, and AIDS groups have issued a report, The Funding Crisis for Harm Reduction, warning that because of donor fatigue, changing government policies, and an over-reliance on drug law enforcement, the goal of an "AIDS-free generation" risks slipping away. The three groups are Harm Reduction International, the International Drug Policy Consortium, and the International HIV/AIDS Alliance.

Law Enforcement

In Forsythe County, North Carolina, Majority of SWAT Deployments are For Drug Raids. SWAT teams were designed to be used in extreme situations -- hostage-taking events, terrorist attacks, and the like -- but have been subject to mission creep over the years. Forsythe County is one example. In an in-depth report, the Winston-Salem Journal found that the Forsythe County SWAT team had been deployed 12 times in the past year and the Winston-Salem Police SWAT team had been deployed 40 days in the past year "mostly to execute search warrants for drugs."

International

Report on Illicit Drug Corridors Between Bolivia and Peru Published. In a report based on on-the-scene investigation, the Bolivian NGO Puente Investigacion y Enlace (PIE), led by former human rights ombudsman Godo Reinicke, has studied the drug and precursor chemical networks straddling the Peru-Bolivia border. Read the report, Corredores ilicitos entre Boliva-Peru, ¿Rutas escondidas y extrañas? in Spanish, or click on your translate button.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares 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.)

Worldwide Protests Set for UN Anti-Drugs Day This Thursday [FEATURE]

This Thursday, June 26, is the United Nations' International Day against Drug Abuse and Illicit Trafficking, which has been used by many governments to justify harsh crackdowns and promote harsh punishments, including exemplary executions. This year, activists around the world will hold their own demonstrations calling not for war more drug war, but for less.

While most UN anti-drug events are fairly anodyne -- last year's highlights include a "sharing best practices" seminar in Vienna and the release of the annual World Drugs Report -- other activities associated with the day are downright gruesome. In 2008, Indonesia marked the day by resuming drug executions; in 2009, China celebrated it by executing 20 people, and last year, China got a jump on events by executing six people in the run-up to anti-drug day.

Civil society is saying "enough." In more than 80 cities across the globe, activists gathering under the banner "Support, Don't Punish: Global Day of Action" will be taking to the streets to protest against policies that have led to mass incarceration, the exacerbation of health crises, and the prospering of violent criminal drug trafficking organizations. Instead, "Support, Don't Punish" will call for a more effective and humane approach to the drug issue, one based on public health, harm reduction, and human rights.

While the global drug war is estimated to cost $100 billion a year -- with unclear impact for reducing harms related to substance abuse -- "Support, Don't Punish" calls for investments in proven, cost-effective harm reduction responses for people who use drugs, and for the decriminalization of people who use drugs and the removal of other laws that impede public health services.

The campaign is truly global, with the endorsement of more than 150 organizations, including not only well-known groups such as the Drug Policy Alliance and the International Drug Policy Consortium, but also local, regional, and national groups from every continent except Antarctica.

Mass demonstrations and other actions are planned in London, New York, Paris, Warsaw, Mexico City, Kathmandu, Rome, Phnom Penh, Tbilisi, Kuala Lumpur, Moscow and more than 70 other cities. The actions include peaceful demonstrations, street performances, public meetings and workshops, social media campaigns and advertisements on public transportation and billboards.

A trio of activists in different cities around the globe contacted by the Chronicle provide a hint of what to expect.

"In London, we will be holding a demonstration outside Parliament to highlight the failure of the war on drugs and calling on the UK government to end the criminalization of people who use drugs under the 'Support Don't Punish' banner," said Niamh Eastwood, executive director of the British drug NGO Release, which is organizing the London event. "Additionally, we will be writing to the Prime Minister asking for reform of national policy and asking that the British government commit to meaningful engagement in the international discussions leading to the UN drugs summit in New York in 2016 allowing for discussion of alternatives to prohibition."

"In Mexico City, we have created a microsite that summarizes the ten reasons why every Mexican should be involved and interested in drug policy reform," said Adam Barra, program officer for the youth-oriented organization Espolea. "The site includes video capsules of public figures, as well as info graphics that present the most relevant information to form one's own opinion on drug policy. Lastly, the site includes the support of over 20 national organizations from various sectors of society and diverse thematic focuses," Barra added.

"The site will be launched on June 26, as Bee Open Space in Mexico City, and will be followed by a panel with renowned experts on the subject who will make a balance of the punitive versus the health approaches currently used in Mexico," he continued. "After the panel, guests will be invited to watch a screening of the documentary The House I Live In. We expect 50 people be present at the launching, but we expect half a million unique visits to the site over the next month."

"In Katmandu, we will convene a national symposium, as well as demonstrations and marches here and in five other Nepalese cities, said Anan Pun, founder of the Nepalese Coalition for Health, Human Rights, and Harm Reduction (Coalition H3). "We will be doing awareness-raising and media outreach, as well as building the leadership and advocacy skills of various actors, including media, civil society and community groups, and their networks."

While "Support, Don't Punish" protestors around the planet will be united in calling for reform of the UN drug control system -- the legal backbone of global drug prohibition -- each country has its own particular issues, and the campaign will be addressing those as well.

"We will be highlighting the damage caused by our drug laws at a national level," said Release's Eastwood. "In particular, the fact that drug policing disproportionately targets the Black and Asian communities, with black people being six times more likely to be stopped and searched for drugs than white people, and Asian people twice as likely to be searched. This is despite the fact that both groups use drugs at a lower rate than the white population. This is driving the racial disparity that exists in the criminal justice System in England and Wales," he explained.

"Our drug laws allow for the mass searching of certain communities. In London, for example, drugs searches make up 60% of all stop and searches. Despite being given ample opportunity to reform their practices the police have not been able to address racial disproportionately and we believe real change can only be achieved by reforming the laws and in the first instance ending criminal sanctions for possession of drugs," Eastwood explained.

"Mexico is one of the countries that has taken the war to its last consequences," said Espolea's Barra. "Official figures report over 60,000 deaths and 20,000 disappeared people in the period 2006-2012. In Mexico, only 1.8% of the population reported using drugs in the last year, yet we are seeing an average of 15,000 killings a year because of our drug policies. Former President Felipe Calderon addressed the UN and joined other countries in the region in calling for al revision of the global drug war consensus, and now we await the 2016 UN General Assembly Special Session on Drugs. It is crucial that Mexico improves its drug policy before then."

"In Nepal, we are urging all stakeholders, including the government, policymakers, and parliamentarians to make policy based on science and evidence -- fostering human rights, health and well-being of mankind rather than on total elimination of drugs from the world," said the Coalition 3H's Pun. "This is an important opportunity to build the country capacity for advocacy and mobilize the country for public health and rights-based drug policies. We need to hold our government and every other actors accountable and stand up for humane and evidence based drug policy in Nepal and elsewhere in the globe," he said.

This coming UN anti-drug day is about to get a response like never before. With the global demonstrations, the drug reform movement demonstrates both its worldwide reach and its imperative to change the world not just at the highest international levels, but at home as well. Different countries have different issues, but all of them are burdened by an international drug prohibition regime from the last century. There appears to be a growing consensus that it is time for something new.

London School of Economics Report Calls for New Approaches to Drug Policy

A report from the London School of Economics released Monday night outlines the enormous negative outcomes and collateral damage from the war on drugs and calls for new, evidence-based approaches to drug use and the drug trade.

The report, Ending the Drug Wars: Report of the LSE Expert Group on the Economics of Drug Policy, has chapters authored by leading drug policy experts from around the world and has been signed onto by five Nobel Prize-winning economists, as well as political figures including British Deputy Prime Minister Nick Clegg, Guatemalan Foreign Minister Luis Fernando Carrera Castro, former Polish President Aleksander Kwasniewski, former US Secretary of State George Schultz, and former European Union High Representative for Common Foreign and Security Policy Dr. Javier Solana, among other luminaries.

"It is time to end the 'war on drugs' and massively redirect resources towards effective evidence-based policies underpinned by rigorous economic analysis," the report says forthrightly. "The pursuit of a militarized and enforcement-led global 'war on drugs' strategy has produced enormous negative outcomes and collateral damage. These include mass incarceration in the US, highly repressive policies in Asia, vast corruption and political destabilization in Afghanistan and West Africa, immense violence in Latin America, an HIV epidemic in Russia, an acute global shortage of pain medication and the propagation of systematic human rights abuses around the world."

The stark prohibitionist approach to drug control has been a flop even by its own measures, the report found.

"The strategy has failed based on its own terms," it noted. "Evidence shows that drug prices have been declining while purity has been increasing. This has been despite drastic increases in global enforcement spending. Continuing to spend vast resources on punitive enforcement-led policies, generally at the expense of proven public health policies, can no longer be justified."

The report chided the United Nations for its continued adherence to such failed policies and urged it to accept experimentation while emphasizing public health and human rights.

"The United Nations has for too long tried to enforce a repressive, 'one-size-fits-all' approach," the report concluded. "It must now take the lead in advocating a new cooperative international framework based on the fundamental acceptance that different policies will work for different countries and regions. This new global drug strategy should be based on principles of public health, harm reduction, illicit market impact reduction, expanded access to essential medicines, minimization of problematic consumption, rigorously monitored regulatory experimentation and an unwavering commitment to principles of human rights."

"The drug war's failure has been recognized by public health professionals, security experts, human rights authorities and now some of the world's most respected economists," said John Collins, coordinator of LSE IDEAS International Drug Policy Project. "Leaders need to recognize that toeing the line on current drug control strategies comes with extraordinary human and financial costs to their citizens and economies."

"Repressive drug laws cost governments billions of dollars and result in horrible epidemics of infectious diseases and serious human rights abuses," said Dr. Kasia Malinowska-Sempruch, the director of the Open Society Global Drug Policy Program, which hosted a launch event for the report at the LSE Monday night. "We know the terrible costs of failed strategies and what can be gained from smarter approaches."

More fuel for the fire as an increasingly broad-based global movement for drug reform takes aim at the UN and its 2016 General Assembly Special Session (UNGASS) on Drugs.

London
United Kingdom

Crisis Looms for Addicts as Russia Bans Methadone in Crimea

Things are about to get harder for opiate users in Crimea, the former Ukrainian province now annexed by Russia. While Ukraine has embraced a harm reduction approach to hard drug use, Russia rejects such an approach and has some of the most repressive drug laws in the world.

Oberleitungsbusbahnhof in Simferopol (user Cmapm via Wikimedia)
Russia does not support efficient programs for preventing HIV and Hepatitis C among its drug using population, and harm reduction measures like needle exchanges and opiate substitution therapy (OST), of which methadone maintenance is a subset, are illegal.

Now, the concrete consequences of Crimea's reincorporation into the ample bosom of Mother Russia are coming home for drug users there. On Wednesday, Russian "drug czar" Viktor Ivanov -- one of 31 allies of Pres. Vladimir Putin sanctioned by the US government this month -- announced that Russia will ban the use of methadone in Crimea. That comes after vows a week before that he would move away from harm reduction practices in general in Crimea.

"Methadone is not a cure," Ivanov claimed. "Practically all methadone supplies in Ukraine were circulating on the secondary market and distributed as a narcotic drug in the absence of proper control. As a result, it spread to the shadow market and traded there at much higher prices. It became a source of criminal incomes," he said.

Whatever Ivanov says, cutting off methadone for an estimated 800 patients will be a disaster, the International HIV/AIDS Alliance warned. And the threat of a broader rejection of harm reduction measures puts an estimated 14,000 Crimean injection drug users at risk.

"When the supply of these medicines is interrupted or stopped, a medical emergency will ensue as hundreds of OST patients go into withdrawal, which will inevitably lead to a drastic increase in both acute illness as well as increases in injecting as people seek to self-medicate," said the alliance's Ukraine director, Andriy Klepikov.

"Any interruption to harm reduction programming is a disaster for health, human rights and the HIV epidemic in the region and we urge the authorities in Crimea to step in and ensure that critical supply chains are not disrupted and lives not put at risk as a result of territorial politicking," Klepikov added.

Ukraine has practiced methadone maintenance (or OST) therapy in Crimea since 2005. Patients in Simferopol, Sevastopol, Yalta, Eupatoria, Feodosia, Kerch and other cities receive daily treatment at local healthcare facilities.

The AIDS alliance is not the only group raising the alarm. The International Network of People who Use Drugs (INPUD) has issued an urgent appeal to UN rapporteurs on the Crimea "calling upon you all to issue a public statement making clear the imminent risk that this population faces of losing access to essential medicines, we are requesting that you raise the issue with the Russian government urging them not to close down the currently running opiate substitution programs; and we are calling upon you to raise the issue with utmost urgency with the Human Rights Council with a view to ensuring continued access to the programs."

When it comes to drug policy and harm reduction, Crimea would seem to be worse off as part of Russia than as part of Ukraine. As the AIDS alliance's Klepikov put it:

"The Russian Federation has extremely repressive drug laws and its punitive approach to people who use drugs means that it now experiences one of the highest rates of new HIV infections in the world. Injecting drug users represent nearly 80% of all HIV cases in the country."

Russia

War of Words: The International Narcotics Control Board vs. A Changing World [FEATURE]

The global drug prohibition bureaucracy's watchdog group, the International Drug Control Board (INCB) released its Annual Report 2013 today, voicing its concerns with and wagging its finger at drug reform efforts that deviate from its interpretation of the international drug control treaties that birthed it. The INCB is "concerned" about moves toward marijuana legalization and warns about "the importance of universal implementation of international drug control treaties by all states."

"We deeply regret the developments at the state level in Colorado and Washington, in the United States, regarding the legalization of the recreational use of cannabis," INCB head Raymond Yans said in introducing the report. "INCB reiterates that these developments contravene the provisions of the drug control conventions, which limit the use of cannabis to medical and scientific use only. INCB urges the Government of the United States to ensure that the treaties are fully implemented on the entirety of its territory."

For some years now, some European and Latin American countries have been expressing a desire to see change in the international system, and "soft defections," such as the Dutch cannabis coffee shop system and Spain's cannabis cultivation clubs, have stretched the prohibitionist treaties to their legal limits. But legal marijuana in Uruguay is a clear breach of the treaties, as Colorado and Washington may be. That is bringing matters to an unavoidable head.

After surveying the state of drug affairs around the globe, the 96-page INCB report ends with a number of concerns and recommendations, ranging from non-controversial items such as calling for adequate prevention and treatment efforts to urging greater attention to prescription drug abuse and more attention paid to new synthetic drugs. [Ed: There is some controversy over how to best approach prescription drug abuse and synthetic drugs. e.g. the type of attention to pay to them.]

But the INCB is clearly perturbed by the erosion of the international drug prohibition consensus, and especially by its concrete manifestations in legalization in Uruguay, Colorado, and Washington and the spreading acceptance of medical marijuana.

"The Board is concerned that a number of States that are parties to the 1961 Convention are considering legislative proposals intended to regulate the use of cannabis for purposes other than medical and scientific ones" and "urges all Governments and the international community to carefully consider the negative impact of such developments. In the Board's opinion, the likely increase in the abuse of cannabis will lead to increased public health costs," the report said.

Similarly, the INCB "noted with concern" Uruguay's marijuana legalization law, which "would not be in conformity with the international drug control treaties, particularly the 1961 Convention" and urged the government there "to ensure the country remains fully compliant with international law, which limits the use of narcotic drugs, including cannabis, exclusively to medical and scientific purposes."

Ditto for Colorado and Washington, where the board was "concerned" about the marijuana legalization initiatives and underlined that "such legislation is not in conformity with the international drug control treaties." The US government should "continue to ensure the full implementation of the international drug control treaties on its entire territory," INCB chided.

But even as INCB struggles to maintain the legal backbone of global prohibition, it is not only seeing marijuana prohibition crumble in Uruguay and the two American states, it is also itself coming under increasing attack as a symbol of a crumbling ancien regime that creates more harm than good with its adherence to prohibitionist, law enforcement-oriented approaches to the use and commerce in psychoactive substances.

"We are at a tipping point now as increasing numbers of nations realize that cannabis prohibition has failed to reduce its use, filled prisons with young people, increased violence and fueled the rise of organized crime," said Martin Jelsma of the Transnational Institute. "As nations like Uruguay pioneer new approaches, we need the UN to open up an honest dialogue on the strengths and weaknesses of the treaty system rather than close their eyes and indulge in blame games."

"For many years, countries have stretched the UN drug control conventions to their legal limits, particularly around the use of cannabis," agreed Dave Bewley-Taylor of the Global Drug Policy Observatory. "Now that the cracks have reached the point of treaty breach, we need a serious discussion about how to reform international drug conventions to better protect people's health, safety and human rights. Reform won't be easy, but the question facing the international community today is no longer whether there is a need to reassess and modernize the UN drug control system, but rather when and how."

"This is very much the same old stuff," said John Collins, coordinator of the London School of Economics IDEAS International Drug Policy Project and a PhD candidate studying mid-20th Century international drug control policy. "The INCB views its role as advocating a strict prohibitionist oriented set of policies at the international level and interpreting the international treaties as mandating this one-size-fits-all approach. It highlights that INCB, which was created as a technical body to monitor international flows of narcotics and report back to the UN Commission on Narcotic Drugs, has carved out and maintains a highly politicized role, far removed from its original treaty functions. This should be a cause for concern for all states interested in having a functioning, public health oriented and cooperative international framework for coordinating the global response to drug issues," Collins told the Chronicle.

"The INCB and its current president, Raymond Yans, take a very ideological view of this issue," Collins continued. "Yans attributes all the negative and unintended consequences of bad drug policies solely to drugs and suggests the way to lessen these problems is more of the same. Many of the policies the board advocates fly in the face of best-practice public health policy -- for example the board demanding that states close 'drug consumption rooms, facilities where addicts can abuse drugs,'" he noted.

"If the board was really concerned about the 'health and welfare' of global populations it would be advocating for these scientifically proven public health interventions. Instead it chooses the road of unscientific and ideological based policies," Collins argued.

The INCB's reliance on ideology-driven policy sometimes leads to grotesque results. There are more than 30 countries that apply the death penalty for drugs in violation of international law. Virtually every international human rights and drug control body opposes the death penalty for drugs including the United Nations Office on Drugs and Crime, the UN Human Rights Committee, the UN's human rights experts on extrajudicial killings, torture and health, among many others.

INCB head Raymond Yans (incb.org)
But when an INCB board member was asked in Thailand -- where 14 people have been executed for drugs since 2001 -- what its position on capital punishment was, he said, "the agency says it neither supports nor opposes the death penalty for drug-related offenses," according to the Bangkok Post.

Human rights experts were horrified and immediately wrote asking for clarification, to which the INCB responded, "The determination of sanctions applicable to drug-related offenses remains the exclusive prerogative of each State and therefore lie beyond the mandate and powers which have been conferred upon the Board by the international community," according to Human Rights Watch.

Another area where the board's concern about the health and welfare of global populations is being challenged is access to pain medications. A key part of the INCB's portfolio is regulating opioid pain medications, and this year again it said there is more than enough opium available to satisfy current demand, although it also noted that "consumption of narcotic drugs for pain relief is concentrated within a limited number of countries."

The World Health Organization (WHO) agrees about that latter point. A 2011 study estimated that around 5.5 billion people -- or 83% of the world population -- live in countries with 'low to non-existent' access to opioid pain relief for conditions such as cancer and HIV/AIDS. These substances are listed by the WHO as essential medicines, and the international drug control conventions recognise explicitly that they are 'indispensable' to the 'health and welfare of mankind.'

Adding to the paradox -- the global supply is sufficient, but four-fifths of the world doesn't have access -- the INCB calls on governments to "ensure that internationally controlled substances used for pain relief are accessible to people who need them."

What is going on?

"The INCB uses totals of requirements for opioid medicines compiled by the UN treaty signatory states," said Ann Fordham, executive director of the International Drug Policy Consortium, which keeps an eye on the agency with its INCB Watch. "Unfortunately there is often a huge gap between these administrative estimates and the actual medical needs of their populations."

The prohibitionist slant of global drug control also creates a climate conducive to understating the actual need for access to pain relief in other ways, Fordham told the Chronicle.

"Many governments interpret the international drug control conventions in a more restrictive manner than is necessary, and focus their efforts towards preventing access to the unauthorized use of opioids rather than to ensuring their medical and scientific availability," she said. "This is a grossly unbalanced reading of the conventions, underpinned by fear and prejudice regarding opioids and addiction."

Although the agency has cooperated somewhat with the WHO in attempting to enhance access to the medicines, said Fordham, it bears some blame for rendering the issue so fraught.

"The INCB has continually stressed the repressive aspect of the international drug control regime in its annual reports and other public statements, and in its direct dealings with member states," she said. "The INCB is therefore responsible for at least some of the very anxieties that drive governments toward overly restrictive approaches. This ambivalence considerably weakens the INCB's credibility and contradicts its health-related advocacy."

Fordham joined the call for a fundamental reform of global drug prohibition, and she didn't mince words about the INCB.

"The entire UN drug control system needs to be rebalanced further in the direction of health rather than criminalization, and it is changing; the shift in various parts of the system is apparent already," she said before leveling a blast at Yans and company. "But the INCB is notable as the most hard line, backward-looking element, regularly overstepping its mandate in the strident and hectoring manner its adopts with parties to the treaties, in its interference in functions that properly belong to the WHO and in its quasi-religious approach to a narrow interpretation of the drug control treaties."

The INCB should get out of the way on marijuana and concentrate on its pain relief function, said Collins.

"The INCB should stay out if it," he said bluntly. "It is a technocratic monitoring body. It should not be involving itself in national politics and national regulatory systems. So it doesn't need to be either a help or hindrance on issues regarding cannabis reform. It has no reason to be involved in this debate. It should be focusing on ensuring access to essential pain medicines. These debates are a distraction from that core function and I would argue one of the reasons it is failing to meet this core function."

Sorry, INCB. Welcome to the 21st Century.

Vienna
Austria

Smart Needle Exchange Reform Bill Moving in Maryland

The Maryland Senate today moved to undo a restriction in existing state law that prevents injection drug users from picking up more clean needles at the Baltimore needle exchange than they turn in.

The Senate approved Senate Bill 263 by an overwhelming 39-5 vote. The measure now heads to the House.

The bill doesn't include a specific limit on the number of needles can pick up at one time, but one of the bill's supporters, Sen. Verna Jones-Rodwell (D-Baltimore), said 50 might be a good number, and that the bill may be amended to get specific.

The bill is supported by the entire Baltimore Senate delegation as well as the city of Baltimore.  The health department there says the city's needle exchange program serves about 2,500 people a year and exchanges about 200 needles for each one.

Needle exchanges are a proven means of reducing the transmission of HIV, Hep C, and other blood-borne illnesses among injection drug users.

Good on the Maryland Senate for moving to get rid of this mindless restriction.

Location: 
Annapolis, MD
United States

Chronicle AM -- January 10, 2014

The marijuana issue continues hot and heavy, one of our favorite authors is nominated for an award, harm reduction bills move in Wisconsin, and the US Sentencing Commission wants to cut drug sentences. And more. Let's get to it:

Dr. Carl Hart, nominated for an NAACP Image Award for "High Price" (columbia.edu)
Marijuana Policy

Colorado Legal Marijuana Sales Hit $5 Million in First Week. Sales of legal marijuana in Colorado since January 1 are estimated to have exceeded $5 million, with some 100,000 people lining up to buy it, according to industry insiders.

Colorado Republicans File Bill to Ban Food Stamps in Marijuana Shops. File under: solutions in search of problems. There is no evidence that anyone has ever used a food stamp EBT card to purchase marijuana products, but that hasn't stopped a handful of GOP state legislators to file a bill to outlaw it. "We need this bill, if for nothing else, as a statement," said Rep. Jared Wright (R-Grand Junction). "We shouldn't be enabling anyone to buy a substance that is banned under federal law. It's not a good use of taxpayer money," he said. The bill is Senate Bill 37.

New Hampshire House Didn't Vote on Marijuana Legalization. The House was set to vote Wednesday on a bill to legalize marijuana, but it didn't happen. The vote has instead been pushed back for a week as legislators dealt first with attempts to override vetoes on bills passed last year. The bill is House Bill 492.

No Marijuana Legalization Bill for Ohio This Year. The only Ohio legislator to push for marijuana legalization last year won't try it again this year. Rep. Bob Hagan (D-Youngstown) said he had no plans to introduce a measure this year after last year's effort to pass a resolution to let residents vote on the issue was sidelined.

Washington Congressman Urges Feds to Act Quickly on Marijuana Banking. Rep. Denny Heck (D-Washington) Friday called on federal regulators to move swiftly to resolve the issue of financial institutions being able to do business with legal marijuana businesses. In a statement, the coauthor of pending federal legislation that would do just that said that "it is urgent federal regulators come to a resolution on this issue as soon as possible."

Powerful Maryland Pol Comes Out for Marijuana Legalization. Delegate Maggie McIntosh (D-Baltimore) has joined the list of powerful state legislators calling for marijuana legalization. She said legalization is one of "the biggest, most important issues" facing the General Assembly this year. She joins Senate President Thomas Miller (D) and Democratic gubernatorial candidate Heather Mizeur in supporting legalization, but Gov. Martin O'Malley (D) and House Speaker Michael Busch (D) both oppose it.

Steny Hoyer Opposes Marijuana Legalization in Maryland. US House Minority Whip Steny Hoyer (D-MD) said Thursday he opposes legalizing pot in the state. "I'm not a proponent of legalizing marijuana," he said. "As I talked to people who deal with drug abuse issues, with rehabilitation issues, I became convinced that marijuana was, in fact, a threshold drug and it would lead to the use of harder, very harmful drugs," he added.

Medical Marijuana

Kentucky House Panel Holds Medical Marijuana Hearing. The House Health and Welfare Committee held a hearing Thursday to discuss medical marijuana. No specific bill was under discussion, but one legislator, Sen. Perry Clark (D-Louisville) filed a bill this week, Senate Bill 43, which would legalize medical marijuana.

Florida House Committee Chair Will Propose Bill to Legalize High CBD Strains for Seizures. Rep. Matt Gaetz (R-Shalimar), chair of the House Criminal Justice Subcommittee, said Thursday he would introduce a bill to allow for the medical use of marijuana strains that are high in CBDs. The vow came after a heart-wrenching hearing from parents of children who suffer seizure disorders, who called on the legislature to legalize strains such as "Charlotte's Web."

Asset Forfeiture

Utah Attorney General Sees Asset Forfeiture as Tool against Drug Legalizing Attorneys. After changes to undo asset forfeiture reforms approved by voters in 2000 snuck through the state legislature last year came under this week, Utah Attorney General Sean Reyes issued a brief defending the new law. But a bullet point justifying a new cap on attorneys' fees for people who successfully defend their property is setting off alarms among First Amendment advocates. "By setting a limit on attorney's fees it will take away the incentive for attorneys who actively promote the legalization of drugs in the state of Utah from soliciting clients who are engaged in criminal activity," the attorney general's brief said. Click on the link for a lengthier critique.

Drug Testing

Welfare Drug Testing Bill Coming Back in Indiana. House Speaker Brian Bosma (R-Indianapolis) said Thursday that while welfare drug testing legislation is not part of the House Republican agenda, a pending bill to do just that is "one we're going to enthusiastically endorse and move forward on." The bill, which passed the House, but not the Senate, last year, would require drug testing of welfare recipients based on some form of reasonable suspicion.

Harm Reduction

Push On to End Needle Exchange Ban in Federal Funding Bill. Harm reduction and public health advocates are urging lawmakers to lift the prohibition on the use of federal funds to pay for needle exchange programs. The battlefield is the conference committee that will reconcile House and Senate budget bills. The Senate version had language that included funding for needle exchanges, but the GOP-led House is expected to oppose it.

Wisconsin Overdose 911, Naloxone Bills Pass Assembly Committee. A bill to provide limited legal immunity to people who notify authorities of an overdose passed the Assembly Criminal Justice Committee Thursday. So did a bill that would allow first responders to carry and use the overdose reversal drug naloxone. Both now goes to the full Assembly, which should vote on them Tuesday. The bills have the backing of Attorney General JB Van Hollen (R) and are expected to sail through the Senate as well.

Honors

Carl Hart Wins NAACP Image Award Nomination for "High Price." Neuroscientist and Drug Policy Alliance board member Carl Hart's "High Price: A Neuroscientist's Journey of Self Discovery That Changes Everything You Know About Drugs and Society" has been nominated for an NAACP Image Award in the category of literary nonfiction. The awards ceremony takes place on February 22.

Sentencing

US Sentencing Commission Suggests Lowering Drug Guideline Sentences. The US Sentencing Commission voted Thursday to publish proposed federal drug sentencing guideline amendments that would include lowering guideline sentences for drug trafficking offenses. The amendments would reduce drug trafficking sentences by about 11 months, leading to a reduction in the federal prison population of more than 6,000 prisoners five years after taking effect. The commission is now seeking public comment on the proposal.

International

Jamaica Marijuana Growers to Organize. Jamaican legalization activists and marijuana growers will form a Cannabis Future Growers and Producers Association as part of a major conference next week. The "Going Forward -- Legalize It" conference is organized by the Ganja Law Reform Coalition, the Cannabis Commercial and Medicinal Research Task Force, and the National Alliance for the Legalization of Ganja, and hopes to help lay the groundwork for a legal marijuana industry on the island.

Canada's SensibleBC Sees 2014 as a Building Year. After an effort to put marijuana reform on the provincial ballot via an initiative faltered last year, Sensible BC leader Dana Larsen said this year would be a year of building momentum, training canvassers, and spreading the message of marijuana legalization. Larsen will also be touring the province this spring and summer to build support.

Chronicle AM -- December 12, 2013

A push is on to end the federal ban on needle exchange funding, a secret federal panel meets to discuss marijuana banking issues, UN anti-drug bureaucrats are still unhappy with Uruguay, more bodies show up in Mexico, and more. Let's get to it:

A move is on to end the federal ban on funding needle exchanges.
Marijuana Policy

Federal Banking Panel Meets on Pot Sales. The Bank Secrecy Act Advisory Group (BSAAG) met in Washington, DC, Thursday to discuss how to deal with banking issues related to medical marijuana and legal marijuana industries. Under current federal laws, marijuana sellers can't set up bank accounts or process credit card transaction because financial institutions fear being implicated in drug trafficking or money laundering cases. The meeting is closed-door, and there is no word yet on what, if anything, was decided.

One Year In, Coloradans Still Like Marijuana Legalization. A Public Policy Polling survey released this week found that Coloradans still support marijuana legalization. The poll found 53% agreed that marijuana use should be legal. It will be interesting to see the poll numbers a year from now, when Coloradans have had time to experience a legal marijuana industry. That begins on January 1.

Washington State Regulators Want to Ban Pot Smoking Wherever Alcohol is Sold. The state Liquor Control Board, which is also in charge of legal marijuana commerce, has proposed banning marijuana consumption in businesses licensed for liquor sales, but a Wednesday meeting saw loud opposition, in particular from Frankie Schnarr, owner of Frankie's Sports Bar and Grill in Olympia. Schnarr years ago emerged victorious in a battle with the board over whether he could open the second floor of his bar to smokers, who joined a "club" for the privilege. Schnarr opened his club to pot smokers after I-502 passed, and now claims 13,500 club members. Schnarr and others said the proposed rule was aimed directly at him. The board will vote on the proposed rule next week.

Philadelphia "Smoke Down Prohibition" Marijuana Prosecutions Continue, So Will Demonstrations. Comedian NA Poe will be sentenced Friday in federal court for smoking pot at Independence Hall as part of Philly NORML's ongoing Smoke Down Prohibition demonstrations. Two more members of the "Liberty Bell 4," Chris Goldstein and Don Dezarn will go on trial next week for puffing pot in demos this past summer, while a fourth, US Marine veteran Mike Whiter will make his first court appearance on similar federal charges. Click on the link for more details and how you can participate.

Gov. Cuomo Dismisses New York Legalization Bill as "Non-Starter." Well, that didn't take long. Yesterday, state Sen. Liz Krueger (D-Manhattan) announced she was introducing a marijuana legalization bill. That same day, a Cuomo spokesman scoffed at the bill, calling it "a non-starter."

Medical Marijuana

New Jersey Medical Marijuana Expansion Wins Assembly Committee Vote. A bill that would allow Garden State medical marijuana patients to buy the drug in other states and bring it back with them passed the Assembly Health Committee on a 7-4 vote Thursday. But Gov. Chris Christie (R) has said he will veto it or any other expansion of the state's program.

Harm Reduction

Maryland Docs, Scientists Call for End to Federal Needle Exchange Funding Ban. In the wake of the budget agreement announced this week by congressional negotiators, more than 70 Maryland-based doctors and scientists sent an open letter to Senate Appropriations Committee Chair Sen. Barbara Mikulski (D-MD) urging her to act to get the longstanding ban on federal needle exchange funding lifted. The ban had been overturned in 2010, but was reinstated without any public debate during budget negotiations the following year.

Pain Pills

State Attorneys General Call on FDA to Reconsider Zohydro Approval. The FDA is running into more flak over its October decision to approve the first hydrocodone-only drug in America, Zohydro, which will be available in a time-release form. Four US senators challenged the decision earlier this week, and now, 28 state attorneys general have asked the agency to reconsider. They cited the roll-out of earlier pain relieving drugs in time-release formulas, which they said resulted in "overzealous pharmaceutical sales" and "doctors overprescribing narcotics," among other ills. But Attorneys General are typically trained as lawyers, not doctors or pharmacists, and they seem oblivious to the continuing problem of undertreatment of pain that their campaigns foster. The FDA said it would reply directly to the law enforcement officials.

International

UNODC Criticizes Uruguay Marijuana Legalization. The UN Office on Drugs and Crime (UNODC) isn't happy with Uruguay. The South American nation's decision to legalize marijuana is a blow against international cooperation in the war on drugs, said UNODC head Yuri Fedotov. "Just as illicit drugs are everyone's shared responsibility, there is a need for each country to work closely together and to jointly agree on the way forward for dealing with this global challenge," he said in a statement. He also called the move "unfortunate."

More Mass Graves in Mexico. Authorities in the central Mexican state of Morelos have uncovered two mass graves containing at least 20 bodies. Authorities believe some of the bodies are victims of the Beltran Leyva cartel, which was largely dismantled two years ago. Others were apparently killed more recently. The discovery comes on the heels of a similar gruesome find in western Michoacan state, where the latest count had 66 bodies removed from mass graves there. More than 100,000 people are estimated to have been killed in Mexico's prohibition-related violence since 2006 and tens of thousands more have disappeared, including more than a thousand in the past two years in Moreleos, according to the state human rights commission.

Chronicle AM -- December 11, 2013

Uruguay legalizes the marijuana trade (and the usual suspects object), Denver provides a helpful guide to legalization there, Human Rights Watch scorches Louisiana for its AIDS-enhancing policies, and more. Let's get to it:

Marijuana Policy

Denver Debuts Marijuana Legalization FAQ Web Site. The city of Denver has created a web site seeking to address questions from residents and visitors, parents and neighbors, business and property owners, and marijuana retailers and home growers about how legalization will work.

New York Marijuana Legalization Bill Announced. State Sen. Liz Kreuger (D-Manhattan) Wednesday unveiled a proposal to legalize and tax marijuana in the Empire State. Pot prohibition is "a policy that just has not worked," she said. Advocates concede that the bill is unlikely to pass this session, but you have to start somewhere.

Medical Marijuana

American Herbal Pharmacopeia Classifies Marijuana as Botanical Medicine. The world's leading expert organization on herbal medicine, the American Herbal Pharmacopeia, has released the first part of a two-part monograph on marijuana that classifies it as a botanical medicine, alongside many other accepted complementary and alternative medicines. Americans for Safe Access calls it a "historic move" and will host a Google Hangout Thursday at 5:30pm PT to discuss its ramifications.

Oregon Medical Marijuana Regulation Panel Meets for Last Time. The committee charged with creating Oregon's first statewide medical marijuana dispensary regulations is meeting for what is supposed to be the last time today. The panel has been meeting since September to craft rules around security, background checks, and marijuana testing. A 30-page draft version of the rules should be finalized.

Guam Medical Marijuana Bill Gets Another Hearing Today. Guam residents will have another chance to voice their opinions on medical marijuana at a hearing set for today. Sen. Tina Muna Barnes has introduced a measure, Bill 215, that would allow the use of medical marijuana for various illnesses. The hearing starts at 5:30pm Guam time.

Drug Testing

Pennsylvania School Employee Drug Testing Bill Passes House. A bill that would require prospective public school employees to submit to drug testing passed the House Tuesday. The ACLU of Pennsylvania calls House Bill 810 "invasive, impractical, and unconstitutional" and vows to challenge it -- and win -- if it ever becomes law. The bill now heads to the Senate.

Harm Reduction

Human Rights Watch Report Slams Louisiana Laws, Police Practices as Increasing AIDS Toll. Human Rights Watch issued a report Wednesday charging that Louisiana laws and practices that bar access to clean needles and criminalize sex work contribute to a raging HIV epidemic and a very high AIDS death rate. The report is In Harm's Way: State Response to Sex Workers, Drug Users, and HIV in New Orleans.

Push Is On for Naloxone and Good Samaritan Law in Minnesota. Elected officials and members of law enforcement called Tuesday for new state laws that would allow deputies to carry and administer the overdose reversal drug Naloxone and provide legal protections for people who contact authorities to report a drug overdose. The moves are a response to a rising toll of heroin overdose deaths, particularly in the Twin Cities.

International

Uruguay Legalizes Marijuana Commerce. The Uruguayan Senate Tuesday night gave final approval to the government's marijuana legalization bill. Now, once President Jose Mujica signs it into law, Uruguay will be 120 days away from a legal commerce in marijuana.

UN Anti-Drug Bureaucrats Say Uruguay Legalization Breaks Treaty. The International Narcotics Control Board (INCB) reacted unhappily to Uruguay's Tuesday night legalization vote. "Uruguay is breaking international conventions on drug control with the cannabis legislation approved by its congress," the INCB complained in a Wednesday press release. The INCB qualified itself as "surprised" that Uruguay had "knowingly decided to break the universally agreed and internationally endorsed legal provisions of the treaty."

Russian Drug Czar Says Drug Legalization "Impossible." Reacting to Uruguay's move to legalize marijuana, Viktor Ivanov, head of Russia's Federal Service for Drug Control, said the legalization of any drug is "impossible, and I think it will not be possible" in Russia. "Moreover, we have strengthened our political will with an anti-drug strategy," he added, although he also said it was possible that Russia could grow hemp and low opiate content poppies for agricultural purposes.

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