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Chronicle AM -- March 24, 2014

Medical marijuana dominates the drug policy news today, plus a legalization bill is filed in New Jersey, welfare drug testing advances in a pair of states, the Russians halt anti-drug cooperation with the US, and more. Let's get to it:

Cannabis oil is a hot item in traditionally unfriendly legislatures (wikimedia.org/Stephen Charles Thompson)
Marijuana Policy

New Jersey Legalization Bill Introduced. State Sen. Nicholas Scutari (D-Linden) introduced a marijuana legalization bill today. The bill is not yet available online, but Scutari said it is modeled on the laws in Colorado and Washington state. "Anybody that looks at the facts, knows that the war on marijuana has been a miserable failure," Scutari said in a press release. "We're not delusional about how simple the effort would be, but I think from a standpoint of moving this state and this country forward on its archaic drug laws, I think it's a step in the right direction."

Medical Marijuana

Arizona Judge Okays Use of Medical Marijuana Extracts. A Maricopa County Superior Court judge ruled Friday that using marijuana extracts is legal under the state's medical marijuana law. The state Health Department had argued that that the law only allows patients to consume parts of the actual plant, but Judge Katherine Cooper said nothing in the law backs that conclusion.

Arkansas Attorney General Rejects Initiative Language. Arkansas Attorney General Dustin McDaniel has rejected the popular name and ballot title of a proposed medical marijuana initiative. The initiative is sponsored by Arkansans for Medical Cannabis. Another Arkansas initiative, from Arkansans for Compassionate Care, is already in the signature-gathering phase.

Iowa Lawmakers Introduce Resolution for Medical Marijuana Study. A bipartisan group of 10 Iowa lawmakers have introduced a resolution seeking a legislative interim study of the feasibility of legalizing medical marijuana in the Hawkeye State. Senate Resolution 112 now goes to the Iowa Legislative Council, which meets in June to consider requests for interim studies, which are typically completed prior to the next legislative session.

Oregon Health Authority Says No to Edibles at Dispensaries. The Oregon Health Authority last week released draft rules for dispensaries that do not allow medical marijuana edibles to be sold there. The authority said it feared edibles would be attractive to young people, but advocates said some patients need to take the drug orally.

Tennessee Medical Marijuana Bill Dead. A bill to allow for the use of medical marijuana in Tennessee is dead after sponsors reported no possibility of action on it in the state Senate. House Bill 1385, sponsored by Rep. Sherry Jones (D-Nashville) also got no respect in the House, where the Health Subcommittee heard unscheduled testimony opposing it from the Department of Health and the hearing ended without Jones being able to present an amendment to the bill and get a vote on it.

Alabama CBD Medical Marijuana Bill Passes Legislature. A bill to authorize and fund a $1 million University of Alabama study of the effectiveness of CBD cannabis oil in treating seizures has passed the Alabama legislature. Senate Bill 174 now goes to the governor's desk.

Georgia CBD Medical Marijuana Bill Dies. A bill to allow the use of CBD cannabis oil for epileptic seizures died in the legislature last week. House Bill 885 fell victim to parliamentary maneuvering as the session neared an end. After it passed the House, Senate leaders tied it to a favored autism bill and approved that, but the House never voted on the merged bill. Rep. Allen Peake (R-Macon), the bill's sponsor, vowed to try again next year.

Kentucky CBD Medical Marijuana Bill Passes House Committee. A bill to allow the use of CBD cannabis oil for children suffering seizures passed the House Judiciary Committee last week and now heads for a House floor vote. Senate Bill 124 has already passed the Senate.

South Carolina CBD Medical Marijuana Bill Advances, But With Restrictions. A bill that would allow children with epilepsy to use CBD cannabis oil won a Senate committee vote last week and now advances to the Senate floor. The Senate Medical Affairs Committee unanimously approved Senate Bill 1035, but only as part of clinical trials testing federally approved drugs.

Utah Governor Signs CBD Medical Marijuana Bill. Gov. Gary Herbert (R) has signed into law House Bill 105. The measure allows children with epileptic seizures to use CBD cannabis oil and allows their families to bring it back to the state with a neurologist's consent.

Drug Policy

Massachusetts Democratic Gubernatorial Candidate Would Consider Decriminalizing Drug Possession, But… Democratic gubernatorial candidate Juliette Kayyem said last week she would consider decriminalizing some drugs, including cocaine, in an effort to treat nonviolent drug offenders differently within the criminal justice system. "Decriminalization of marijuana has been important. I think we should consider it for other drugs, or create more drug courts so that people do not fall into the criminal justice system," Kayyem said. But she later clarified that she meant drug users should be sent to treatment, not jail.

Harm Reduction

Georgia 911 Good Samaritan, Naloxone Bill Passes Legislature. A bill that would provide a "medical amnesty" to people seeking medical attention for overdose victims has passed the Georgia legislature. House Bill 965 was also amended to include allowing for the distribution of the overdose reversal drug naloxone. It now heads for the desk of Gov. Nathan Deal (R).

New Jersey EMTs to Carry Overdose Reversal Drug. The office of Gov. Chris Christie (R) announced last week that emergency medical technicians will be able to carry and administer the overdose reversal drug naloxone. The move required a waiver of state EMT rules, which do not cover the use of naloxone. "Allowing first responders to administer Narcan [naloxone] will save lives," Christie said in a statement. "We want to encourage people to seek medical assistance when a drug overdose occurs."

Drug Testing

Georgia Food Stamp Drug Testing Bill Passes Legislature. A bill requiring food stamp recipients to undergo drug tests if state officials have "reasonable suspicion" they are using drugs has passed the state legislature on the last day of the session. House Bill 772 now goes to the desk of Gov. Nathan Deal (R) for a signature.

Michigan Senate Passes Welfare Drug Testing Bill. A bill that would require drug testing for welfare recipients if state officials suspect they are using drugs has passed the state Senate. It would set up a pilot program in three counties. The bill is part of a package of welfare drug testing bills that are still under consideration in the House.

Methamphetamine

Illinois Pseudoephedrine Prescription Bill Gets Hearing. A bill that would require prescriptions to obtain cold medications containing the meth precursor pseudoephedrine got a hearing before a Senate panel last week. Senate Bill 3502 is supported by law enforcement, but opposed by OTC drug manufacturers.

Sentencing

New Jersey Supreme Court Committee Report Urges Major Bail Reforms. The state Supreme Court has released a report from its Joint Committee on Criminal Justice calling for significant changes to the current bail system in New Jersey and enactment of speedy trial legislation. Click on the links for more details.

International

Russians Warn US Sanctions Will Halt Anti-Drug Cooperation. Russia's anti-drug agency said Friday US sanctions imposed over the Crimea crisis would wreck its cooperation with the US. "The U.S. administrations' arbitrary and ill-considered decision will, in one day, destroy our unique experience of cooperation," the agency said.

Canadian Court Rules Medical Marijuana Patients Can Keep Growing Their Own. A Canadian federal court judge has issued an injunction exempting patients already licensed to possess or grow medical marijuana from the Conservative government's new rules attempting to restrict such grows to commercial facilities. The federal government announced its plans to overhaul the production of medical pot last year, arguing the current system had grown out of control and was rife with problems ranging from unsafe grow-ops to infiltration by criminals. The injunction is only good while a lawsuit filed by patients works its way through the courts.

Bermuda Marijuana Reform Report Coming Next Month. A final report detailing local opinions on cannabis reform is to be handed in to the government by April 17, according to the Cannabis Reform Collaborative (CRC). The group has canvassed views through seven focus groups, targeting different age groups. Bermuda's marijuana laws are being appraised following a call last year by National Security Minister Michael Dunkley for a public discussion on decriminalizing the drug.

Bermuda Has Near Majority for Marijuana Decriminalization. The Bermuda National Household Survey on Drug Consumption and Health is out, and it shows that nearly 49% support marijuana decriminalization, with 41% opposed and 9% undecided.

Australian Government Toughens Penalties for New Synthetics. The Australian government said it has added four substances marketed as "synthetic LSD" to its list of drugs that attract the most serious penalties. Under the move, importers will face a minimum of two years in jail. Currently, importers pay only a fine set a three times the value of the product. The substances are derivatives of phenethylamine marketed under names like "N-Bomb."

(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.)

Chronicle AM -- March 19, 2014

Fewer people are getting arrested for marijuana possession in Washington state after legalization -- imagine that! -- Kansas legislators want to drug test teachers, a New Jersey heroin and opiates panel has recommendations, Russell Brand goes to Vienna, and more. Let's get to it:

Russell Brand speaks out for drug decriminalization at the CND in Vienna. (wikimedia.org)
Marijuana Policy

Oregon GOP Gubernatorial Candidate Says Legalize It. Republican gubernatorial candidate Tim Carr says he favors legalizing and taxing recreational marijuana use and would spend the proceeds on helping the homeless and others in need. Carr is one of six Republicans running in the primary to determine who takes on incumbent Democrat John Kitzhaber. He's not the front-runner; that distinction goes to state Rep. Dennis Richardson.

Massachusetts Poll Has Near Majority for Legalization.A new WBUR TV poll shows increased support for marijuana legalization, with 48% in favor and 41% opposed. A Boston Herald/Suffolk University poll showed majority support for the first time. These two polls suggest that attitudes toward legalization in the Bay State have moved in a positive direction in the past year.

Washington State ACLU Reports Big Drop in Pot Arrests. Misdemeanor marijuana possession arrests plummeted last year, the ACLU of Washington reported today. There were just 120 such arrests last year after legalization went into effect, compared to 5,531 the year before. But black people are still getting arrested for pot possession more often. They're getting popped at a rate three times that of whites, the ACLU said.

National Cannabis Industry Association to Host Marijuana Business Summit. The NCIA will hold its first national conference, the Cannabis Business Summit, June 24-25 in Denver. Click on the links for more details.

Medical Marijuana

Alabama CBD Medical Marijuana Bill Advances. A bill that would study the impact of using a marijuana derivative to treat seizures is one step closer to becoming state law. Senate Bill 174 passed the House Judiciary Committee after it was amended in the Senate last week.

Drug Testing

Kansas School Teacher Drug Testing Bill Passes Senate. A bill that requires drug testing of school employees and affirms the firing of educators convicted of DUI, drug crimes, and other offenses passed the state Senate Tuesday. Senate Bill 335 was approved after Senate Democrats successfully offered an amendment that would subject members of the House and Senate to treatment requirements and financial sanctions mirroring those in state law for the unemployed or those on cash aid. The welfare drug testing law passed last year also included elected representatives, but contained no provisions for sanctioning them or requiring they seek help. The bill now goes to the House.

Heroin

Kentucky Omnibus Heroin Bill Stuck in House. A bill that would both enact harm reduction measures and crack down on heroin-selling offenses is stuck in the House Judiciary Committee. Senate Bill 5 would let drug dealers be charged with murder if the sale of Schedule I drugs results in death and increases penalties for high-volume heroin dealers. It also seeks increased Medicare funds for drug treatment, access to the overdose reversal drug naloxone, and a 911 Good Samaritan provision. The Senate passed the bill in January.

New Jersey Heroin Task Force Calls for Broad Reforms. A governor's task force on heroin and opiate use called for a wide array of reforms, saying it is "time to confront our demons." According to The Newark Star-Ledger, which obtained an advance copy, the panel's report calls for tighter prescription pill monitoring laws, changes in the state's insurance system to make treatment more available, and expanded use of drug treatment recovery communities.

Sentencing

California Bill Would Equalize Crack and Powder Cocaine Sentences. A bill filed by state Sen. Holly Mitchell (D-Culver City) would cut prison sentences for people convicted of selling crack to bring them in line with sentences for people convicted of selling powder cocaine. Senate Bill 1010 was introduced last month, but amended Monday. It is before the Senate Rules Committee.

International

In Vienna, Russell Brand Joins "Support, Don't Punish" Campaign. British actor and comedian Russell Brand spoke at the UN Commission on Narcotic Drugs in Vienna today and publicly joined forces with the Support, Don't Punish campaign to decriminalize drug possession and end the imprisonment and punishment of people who use drugs.

Senior Mexican Anti-Drug Official Resigns. Manuel Mondragón y Kalb, Mexico's national security commissioner and one of the most senior officials in charge of the country's counternarcotics fight, has resigned "for personal reasons." The National Security Commission (CNS), which falls under the Interior Ministry, was created by President Enrique Peña Nieto in January 2013 to replace the Secretariat of Public Security. The CNS, which is in charge of the Federal Police, is behind schedule in its task to create a National Gendarmerie to bolster the country's counter-narcotics fight, which is one of Peña Nieto's campaign promises.

(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.)

Growing Demands for UN Drug Policy Reform [FEATURE]

The United Nations' Commission on Narcotic Drugs (CND) has wrapped up the High-Level Segment portion of its annual meeting in Vienna. The session revealed schisms among countries about future steps on global drug control even as the global drug bureaucrats gave signs of softening in some policy areas, especially around emphasizing public health as opposed to criminalization.

An indication of relaxation came when a key working group of the United Nations Office on Drugs and Crime (UNODC) announced the release of groundbreaking recommendations discouraging criminal sanctions for drug use. The Scientific Consultation Working Group on Drug Policy, Health and Human Rights of the UNODC -- which includes Nora Volkow, head of the US National Institute on Drug Abuse (NIDA) -- released the recommendations as the session got underway. The working group recommendations say 'criminal sanctions are not beneficial' in addressing the spectrum of drug use and misuse.

Getting down to business at the CND in Vienna (unodc.org)
The meeting ended with a formal joint ministerial statement agreed to at the last minute after months of contentious wrangling, but one where countries failed to agree on a common approach and where certain fractious issues -- such as the use of the death penalty for drug offenses or even the mention of the term "harm reduction" -- were omitted entirely.

Countries critical of the global drug policy status quo, particularly from Europe and Latin America, were joined by an ever-stronger civil society presence at the CND. The message of reform grows ever louder and presages an especially contentious next step, the UN General Assembly Special Session (UNGASS) on Drugs, set for 2016.

It's not just change in the halls of the UN drug bureaucracies, but changes on the ground that are helping to drive the debate. Uruguay and two US state, Colorado and Washington, have legalized marijuana in apparent contravention of the global drug treaties, and Latin American countries in particular have for several years now expressed growing dismay at the drug war status quo.

Uruguay's decision to legalize marijuana commerce was "not a solution to dealing with the world's drug problem," UN Office on Drugs and Crime (UNODC) head Yuri Fedotov said just days ago, and the International Narcotics Control Board (INCB) called the Uruguayan government "pirates" for going up against the UN drug conventions. But the UN drug bureaucrats were singing a slightly softer tune last week in Vienna.

Taking in the discussions in Vienna (idpc.net)
"My impression from the debates so far is that the prevailing mood is to say no to dismantling the provisions of the conventions, but yes to returning to the original spirit of the conventions: protection of health, welfare, and safety of people," Fedotov said in anodyne remarks at the release of the ministerial statement.

"The provisions of the conventions indeed are flexible, human rights based, and founded on the protection of health. I would like particularly to stress the need of strengthening the public health in a comprehensive, balanced, scientific evidence-based approach, that is very important, and fully consistent with human rights standards," Fedotov continued. "There is also a growing need for every country to move away from compulsory treatments and punitive measures and towards embracing these approaches, including protection against HIV/AIDS, as envisaged by the Conventions."

The ministerial statement itself, a compromise document, for the most part blandly supported the existing international drug control regime, although it, too, signaled a shift toward a more public health-oriented approach, and it obliquely referenced ongoing dissent by noting "the ongoing discussions in some regions on how to address the world drug problem, in light of the current situation and policies, and emphasize the importance of a broad, transparent, inclusive and scientific evidence-based discussion among Member States, with inputs from other relevant stakeholders, as appropriate, in multilateral settings, on the most effective ways to counter the world drug problem consistent with the three international drug control conventions…"

But behind the smooth language of the official statements, there was real anger and dismay at the toll of more than a half-century of global drug prohibition.

"People have been sacrificed in our actions to tackle the drug problem," Colombian Justice Minister Gomez Mendez told delegates. "We call for more effective ways to achieve the objectives stated in international agreements. Alternatives are needed. Drug policies cannot travel at the speed of a telegraph while drug problems develop at the speed of broadband Internet."

ENCOD's Coffee Sniffer Brigade reenacted prohibitions of yore, to the bemusement of CND security. (encod.org)
"We should not be driven by ideologies and wishful thinking. We unfortunately know today that the idea of a drug-free world based on the belief that, if we eradicate supply, we will reduce demand, is not achievable. We should look to and evaluate alternative regimes appearing in North and South America and in Europe rather than just be silent about it", said the Czech Republic delegate, echoing the calls for drug policy reform made by not only Colombia, but also Guatemala, Ecuador, Mexico and Uruguay.

"Since 1961, due to a rigid and narrow interpretation of the UN drug conventions, there has been one single means to control the use of cannabis -- criminalization has been imposed, "said Diego Canepa, representative of the delegation of Uruguay. "We have don't have a magic recipe, but we are trying to find a way out and snatch the market away from traffickers. We have a responsibility to represent our citizens, and not to take the challenge and act accordingly would be an unforgivable error."

The Mexican delegation said that health policies should be encouraged instead of the criminalization of drug use and that a thorough review of the international drug strategies is required. The delegation of Guatemala highlighted that "the revision of the UN drug conventions is needed and that the Latin American hemispheric debate is ongoing."

"The failure of present drug policies has generated questions from governments, policy-makers, intellectuals and civil society organizations from across the region," said the Ecuadorian delegation. "Many voices are calling for a change in paradigm in the understanding and approach to the drug phenomenon."

Even the US delegation was sounding eerily reformist. Acting Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Michael Botticelli called for continuing down "the path of criminal justice reform" and cited recent Obama administration moves to minimize mandatory minimum drug sentences.

But the call for reform came most loudly in the person of Eliot Ross, representing the International Network of People Who Use Drugs, who noted that human rights law and drug control law continued to be inconsistent, and called for a comprehensive overhaul of the treaties and amnesty for drug prisoners.

Changing the global drug control system for the better is agonizingly slow work -- it's been 16 years since hundreds of global intellectuals signed an open letter in The New York Times calling on the last UNGASS on Drugs to begin to adopt fundamental reforms. But, under the weight of rising pressure, the creaky machine is starting to move.

"We derive hope from the fact that, contrary to earlier CND meetings, there are now countries openly condemning prohibition as the basic answer to drug problems," said ENCOD (the European NGO Council for Just and Effective Drug Policies). "More than ever, not just governmental but UNODC officials see the writing on the wall. Instead of insisting on the need to create 'a drug free world', they refer to the need to protect people and societies from the damages of drugs and drug trafficking. We continue to urge governments to put these words into action and steadily direct their policy towards legal regulation as the only way to reduce harms and increase public safety. We hope for and expect major change at the 2016 UNODC meetings in New York. Prohibitionary drug laws are the problem. Removing them is the solution."

In a theatrical jab at prohibitions gone by, ENCOD activists reprised the strange saga of the Coffee Sniffer Brigade, a group of disabled soldiers who had to enforce the ban on coffee roasting and brewing that was imposed by the Prussian King Frederick the Great in the second half of the 18th Century. Delegates reacted first with reservation, then with support, the activists reported.

"The remaking of the system is happening before our eyes. For decades governments used the United Nations to push a one-size-fits-all approach," said Joanne Csete, deputy director of the Open Society Global Drug Policy Program. "The dissent we're seeing today is the deconstruction of the international drug war."

"This is the beginning of a serious re-think on drug control," said Ann Fordham, executive director of the International Drug Policy Consortium. "Billions of dollars have been wasted, millions of people have been criminalized, thousands of lives have been lost and the drug cartels carry on getting richer. Given this reality, the charade of a global consensus on drugs is now unacceptable, and some governments have found the courage to speak out."

Chronicle AM -- March 13, 2014

Attorney General Holder endorses federal drug sentencing reductions, CBD medical marijuana bills move in the South, a New Hampshire decriminalization bill advances, Zohydro may get some competition, and the UN is generating plenty of news, and more. Let's get to it:

Attorney General Eric Holder endorses federal drug sentence reductions. (usdoj.gov)
Marijuana Policy

Marylanders Rally for Legalization. Nearly 100 supporters of sweeping changes in Maryland's marijuana laws rallied in Annapolis Thursday before planned legislative hearings on bills to legalize -- or at least decriminalize -- possession of the drug. The House Judiciary Committee is hearing a series of marijuana reform bills this afternoon, including a legalization bill (House Bill 880) from Rep. Curt Anderson (D-Baltimore).

Maryland Poll Has Slim Majority for Legalization. As the legislature considers marijuana reform bills, a new Goucher Poll has support for legalization at 50.1%, with 39.4% opposed. The poll also had a whopping 89.6% in favor of medical marijuana.

New Hampshire Decriminalization Bill Passes House. The House approved a decriminalization bill by a veto-proof margin Wednesday. House Bill 1625, sponsored by Rep. Adam Schroadter (R-Newmarket) and a bipartisan group of seven cosponsors including Sen. Jeff Woodburn (D-Dalton), would make possession of up to one ounce of marijuana punishable by a civil fine of up to $100. It would also make cultivation of up to six plants a Class A misdemeanor instead of a felony. Currently, possession of any amount of marijuana is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000. Now, it's on to the state Senate.

Medical Marijuana

Kentucky Senate Approves CBD Medical Marijuana Bill. The Senate passed a bill allowing doctors to prescribe and patients to use CBD cannabis oil for medical reasons Wednesday. The bill passed with no opposition. Senate Bill 124 now goes to the House.

Georgia Senate Committee Approves CBD Medical Marijuana Bill. The Senate Health and Human Services Committee unanimously approved House Bill 885, which would allow patients to use CBD-based cannabis oils. It also amended the bill to allow parents to bring the oil into the state without facing penalties. The bill has already passed the House and now awaits a Senate floor vote.

South Carolina Senate Panel Approves CBD Medical Marijuana Bill. A subcommittee of the Senate Committee on Medical Affairs approved a bill allowing people suffering from epilepsy to use CBD cannabis oil Wednesday. Senate Bill 1035 still needs to pass the full committee. Similar legislation is moving in the House.

Hemp

Tennessee Hemp Bill Wins House Committee Vote. A bill that would allow the cultivation of hemp for research purposes passed the House Agriculture and Natural Resources Committee Wednesday. House Bill 2445 now heads for the House Finance Ways and Means Committee.

Drug Testing

Mississippi Food Stamp Drug Testing Bill Heads to Governor. A bill that would require applicants for Temporary Assistance for Needy Families (TANF) to undergo drug testing if there is a suspicion they are using drugs passed the Senate Wednesday and now goes to the desk of Gov. Phil Bryant (R), who has made it a keystone of his legislative agenda. House Bill 49 passed the Senate after debate in which supporters couched the program as an additional benefit that could help somebody struggling with addiction, while opponents said it was unfairly singling out the poor.

ASAM White Paper Calls for Vastly Expanded Drug Testing. The American Society for Addiction Medicine (ASAM) has published a white paper by former NIDA director and present day drug testing consultant Robert Dupont calling drug testing "underutilized" and arguing it should be expanded to be include people of all ages in virtually all aspects of daily life. The totalitarian vision is ably critiqued by NORML drug testing expert Paul Armentano (click the title link), as well as by progressive talk radio host Thom Hartman, who countered Dupont with an op-ed entitled "It's Time to End All Drug Testing." Both Armentano's and Hartman's critiques are worth the read.

Prescription Opioids

Oxycontin Maker Offers Alternative to Zohydro. Purdue Pharma, the manufacturer of Oxycontin, says it has completed testing of an abuse-resistant version of the painkiller hydrocodone, a surprise development that could derail sales of the recently launched Zohydro, a similar medication that has been criticized for lacking such safeguards. Purdue Pharma says it plans to submit its extended-release hydrocodone drug to the Food and Drug Administration later this year. Shares of rival Zogenix Inc. plunged more than 20% after the announcement, which appears to jeopardize sales of the company's just-launched drug Zohydro. Zogenix began shipping Zohydro to pharmacies last week.

Sentencing

Attorney General Holder Endorses Proposal to Cut Federal Sentences. US Attorney General Eric Holder today endorsed a proposal from the US Sentencing Commission to reduce the sentences of people convicted of federal drug trafficking offenses by about a year, from an average of 62 to months to an average of 51 months. "This overreliance on incarceration is not just financially unsustainable," Holder said. "It comes with human and moral costs that are impossible to calculate."

International

Listen to the UN Commission on Narcotic Drugs Sessions. You can do it by clicking on the UNODC's webcast page at the link above. Also, Oregon activist Doug McVay has uploaded audio of the second part of today's plenary session here. There will be more updates on McVay's weekly Drug War Facts podcast.

UNODC Panel Says Criminalizing Drug Use "Not Beneficial". Today, a key working group of the United Nations Office on Drugs and Crime (UNODC) announced the release of groundbreaking recommendations discouraging criminal sanctions for drug use. The Scientific Consultation Working Group on Drug Policy, Health and Human Rights of the UNODC -- which includes Nora Volkow, head of the US National Institute on Drug Abuse (NIDA) -- is releasing the recommendations at the High-Level Segment of the 57th UN Commission on Narcotic Drugs. The working group recommendations say "criminal sanctions are not beneficial" in addressing the spectrum of drug use and misuse.

UNODC Sees "Serious Setbacks" in Fight Against Drugs. Addressing the opening session of the Commission on Narcotic Drugs (CND), UN Office on Drugs and Crime (UNOC) head Yury Fedotov said the global fight against drugs had suffered "serious setbacks," including record opium crops in Afghanistan, violence linked to drug trafficking in Central America, and weak West African states succumbing to the blandishments of traffickers. While he said legalization was no solution, he did add that: "A public health response to the drug use problem should consider alternatives to penalization and incarceration of people with use disorders."

Caricom Creates Commission to Study Marijuana Legalization. The leaders of the Caricom Caribbean trade bloc announced today that they are creating a commission to study the impact of legalizing marijuana. The move came at the end of a two-day summit where members discussed a preliminary report on decriminalization. The commission is charged with presenting its report in early July for a Caricom summit in Antigua.

Iran Executed More Than 300 People for Drugs Last Year, Report Says. A report from the nonprofit group International Campaign for Human Rights in Iran released Wednesday says Iran executed 331 people on drug-related charges last year. The drug executions accounted for almost half of all executions in the Islamic Republic, the report found. The UN Office on Drugs and Crime sponsors anti-drug programs in Iran, and is under increasing pressure from European donor countries to put in place measures to stop its support from contributing to the death penalty.

Dire Prospects for Afghanistan Drug War, Analysis Finds. A new analysis from Alex Pollard-Lipkis of Foreign Policy in Focus finds that "if costly drug war strategies in Afghanistan have been unsuccessful even with a strong US military presence, they won't stand a chance after the US withdraws." The analysis critiques contemporary US approaches and peeks into the post-US future. Click on the title link to read the whole thing.

Chronicle AM -- March 12, 2014

Medical marijuana is keeping state legislators busy, Maine's governor has a 20th Century approach to drug problems, New Mexico's governor cuts funds to a diversion program, Indonesia shifts its stance on drug users, and more. Let's get to it:

Responding to new synthetic drugs by banning them is still a favored response in state legislatures. (wikimedia.org)
Medical Marijuana

DEA, LAPD Raid Dispensaries. DEA agents assisted by LAPD officers raided and closed several Los Angeles dispensaries Tuesday. They hit the Black Rose dispensary in Fairfax, Downtown Medical Caregivers off Main Street, Washington and Western Medical Group in Harvard Heights, Herbman in Exposition Park and two homes in Beverly Hills. The same person allegedly owns all four dispensaries.

Vermont Senate Passes Medical Marijuana Expansion Bill. A bill that lifts the 1,000-patient cap on the state's dispensaries and authorizes two more dispensaries passed the Senate with little debate Tuesday. Senate Bill 247 now heads to the House.

Revised Alabama CBD Medical Marijuana Bill Passes Senate. A CBD medical marijuana bill revised by its sponsors so that the University of Alabama-Birmingham would conduct a research study passed the Senate on a unanimous vote Tuesday night. Senate Bill 174 now moves to the House.

Utah CBD Medical Marijuana Bill Passes Senate. A bill that would allow compassionate use of non-intoxicating cannabis oil by Utahns with untreatable epilepsy passed the Senate Tuesday by a wide margin, despite reservations some senators have about the oil's safety and long term benefits. House Bill 105 now goes back to the House, which had already passed it, but now must sign off on changes in the Senate version.

Michigan Medical Marijuana Bills Get Hearing. Two bills that would legalize the manufacture and sale of medical marijuana-infused products such as brownies and oils and permit communities to allow and regulate marijuana dispensaries got a hearing in the Senate Government Operations Committee hearing Tuesday, but no vote. Committee chair and Senate Majority Leader Randy Richardville (R-Monroe) is not expected to schedule another hearing for at least a couple of weeks. The bills are House Bill 5104 and House Bill 4271.

California Bill to Tighten Location Restrictions on Dispensaries Killed in Committee. A bill that would have widened "dispensary free" zone around schools from 600 feet to 1,000 feet has been blocked in the Assembly Public Safety Committee, Assembly Minority Leader Connie Conway (R-Tulare) said Tuesday. Conway is the author of the bill in question, Assembly Bill 1588.

American Herbal Pharmacopoeia Releases Study on Marijuana and Epilepsy. The medical research group American Herbal Pharmacopoeia (AHP) issued a new scientific review Tuesday, Cannabis in the Treatment of Epilepsy, which compiles much of the leading and historical research on epilepsy and cannabis (medical marijuana) for use by scientists, physicians, patients, and parents, as well as those producing and manufacturing it for treatment. Patient advocacy group Americans for Safe Access (ASA) will host a Google Hangout today, March 12th at 8:00pm EDT, featuring AHP director Roy Upton, ASA scientific advisory board member Dr. Sunil Aggarwal and others.

Law Enforcement

Maine Governor Wants More Drug War. Confronted by increasing levels of opiate drug use, Maine Gov. Paul LePage (R) responded Tuesday by proposing to beef up drug war spending. The conservative governor wants to add 22 new state positions including 14 new Maine Drug Enforcement agents, four new prosecutors for the Office of the Maine Attorney General as well as four new district court judges to bolster the state's four drug courts in Lewiston, Presque Isle, Bangor and Portland. He also criticized methadone, saying the drug should be provided in a clinical setting only. He said he intended to focus equally on the addiction side of the drug equation but did not offer any details.

New Mexico Governor Vetoes Funding for Drug Diversion Pilot Program. Gov. Susana Martinez (R) vetoed spending $140,000 for a Santa Fe program to divert some drug offenders to treatment Tuesday. The city's pre-booking diversion program, otherwise known as Law Enforcement Assisted Diversion (LEAD), will begin late this month. If successful, this model could become a model for other New Mexico communities, saving both the criminal justice and health systems tens of millions of dollars each year.

Salvia Divinorum

Rhode Island Bill to Ban Salvia, Jimson Weed Has Hearing Today. A bill that would ban the use of salvia divinorum and Jimson weed was scheduled for committee action today. House Bill 7191, sponsored by Rep. Arthur Corvese (D-North Providence), gets a vote before the House Judiciary Committee. It's not clear what prompted the bill.

New Synthetic Drugs

Minnesota Synthetic Drug Ban Bill Wins House Committee Vote. A bill that would give the state pharmacy board the authority to use its emergency powers to classify new synthetic drugs as banned substances is advancing in the House. House File 2446, introduced by Rep. Erik Simonson (D-Duluth) passed the House Health and Human Services Policy Committee Tuesday with few questions and a unanimous vote.

International

LEAHN Releases Frankfurt Principles on Drug Law Enforcement. The Law Enforcement and HIV Network (LEAHN) has released the Frankfurt Principles on Drug Law Enforcement, developed at the International Conference on Drug Policy and Policing last November in Frankfurt. The principles are designed to make law enforcement an effective partner in a harm reduction approach to drug use and related illness.

TDPF Releases Report on Dutch Coffee Shop Policy. Prompted by "misreports and misunderstandings that have led many to believe the Netherlands is retreating from its pragmatic policy of allowing cannabis to be sold via 'coffee shop,'" the British Transform Drug Policy Foundation has released a new report to set things straight. The report is Cannabis policy in the Netherlands: Moving forward, not backwards.

Ghana Anti-Drug Head Calls for Marijuana Legalization Debate. The executive secretary of the Narcotics Control Board (NACOB), Akrasi Sarpong, has called for a national debate on legalization of marijuana in the country. "Ordinary people can say don't legalize it but that will be vocalizing the ostrich hiding its head in the sand, because there is a virtual legalization on the ground," Sarpong said. Many people believe "what you are fighting is not crime," he added. "Reports say cannabis is the number one problem in Africa so what are we therefore saying. People laugh at these things, because, they are growing them in their homes," he said.

Peru Ponders Restarting Drug Plane Shootdown Program.Peru suspended its law allowing its Air Force to shoot down suspected drug planes in April 2001, when the Peruvian Air Force, accompanied by a CIA support plane, mistakenly shot down an aircraft carrying American missionaries, killing Veronica Bowers and her infant daughter. Now, Congressman Carlos Turbino, a retired general, has filed a bill to reinstate the program. It is currently before the congressional defense committee, even though it is opposed as unnecessary by the government of President Ollanta Humala.

New Indonesian Drug Law Emphasizes Rehabilitation Instead of Punishment of Drug Users. Indonesian ministers this week signed a memorandum of understanding that they say will declare drug users "victims" instead of criminals, to be treated at rehabilitation centers instead of sentencing to prison. President Susilo Bambang Yudhoyono has gone on the record supporting a softer touch for addicts, but early efforts to push for more rehabilitation centers have met with resistance from judges who are loathe to appear weak on drugs and lawmakers who often use the early release of traffickers as opportunities to grandstand against the president. Drug user make up 42% of all Indonesian prisoners.

Marijuana Reform Rally Set for Glasgow Next Month. A mass marijuana rally called by the Glasgow Cannabis Social Club is set for the city center next month, and it's already causing grumbling. "People will be extremely annoyed at the high-profile celebration of something that's illegal," grumped Conservative MSP John Lamont. "It is disappointing that such a carnival in homage to an illegal substance is being facilitated in this way," he added. The old fogies want the police to shut it down, but the police have said they will stop it only if lawbreaking takes place. The celebration is due to take place at Glasgow Green on Sunday April 20. So far, more than 200 people have signed up via Facebook to attend.

Responding to Holder on Heroin, Reformers Call for a Health Direction [FEATURE]

US Attorney General Eric Holder had heroin on his mind Monday, using his weekly video message and an accompanying press release to draw attention to rising heroin overdose deaths and vowing to combat the problem with a combination of law enforcement, treatment, prevention, and harm reduction measures. Drug reformers generally responded positively, but called on the Obama administration to seek comprehensive, science- and health-based solutions instead of engaging in more drug war.

Attorney General Holder takes on heroin (usdoj.gov)
"Addiction to heroin and other opiates -- including certain prescription pain-killers -- is impacting the lives of Americans in every state, in every region, and from every background and walk of life -- and all too often, with deadly results. Between 2006 and 2010, heroin overdose deaths increased by 45%," Holder said. "Scientific studies, federal, state and local investigations, addiction treatment providers, and victims reveal that the cycle of heroin abuse commonly begins with prescription opiate abuse. The transition to -- and increase in -- heroin abuse is a sad but not unpredictable symptom of the significant increase in prescription drug abuse we've seen over the past decade."

What Holder didn't mention is that the rise in prescription pain pill misuse is tied to a massive increase in prescribing opioids for pain in the past decade. A study published last fall found that between 2000 and 2010, the amount of opioids prescribed for non-cancer pain had nearly doubled, and that during the same period, the percentage of people complaining of pain who received prescriptions for opioids jumped from 11% to nearly 20%. But reining in prescriptions generally isn't the answer either.

But at the same time, a 2011 Institute of Medicine report found that while "opioid prescriptions for chronic non-cancer pain [in the US] have increased sharply… 29% of primary care physicians and 16% of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions."

As the IOM report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them." Opioid misuse and under-use of opioids for pain treatment when they are needed are problems that coexist in society. Pain pill crackdowns have also been found to result in increased use of street heroin, as a Washington Post article last week reports -- two additional reasons advocates prefer public health approaches to heroin more than law enforcement -- and why great care should be taken with the law enforcement measures.

"It's clear that opiate addiction is an urgent -- and growing -- public health crisis. And that's why Justice Department officials, including the DEA, and other key federal, state, and local leaders, are fighting back aggressively," Holder continued. "Confronting this crisis will require a combination of enforcement and treatment. The Justice Department is committed to both."

Holder pointed to DEA efforts to prevent diversion of pharmaceutical pain-relievers to non-medical users, mentioning investigations of doctors, pharmacists, and distributors.

"With DEA as our lead agency, we have adopted a strategy to attack all levels of the supply chain to prevent pharmaceutical controlled substances from getting into the hands of non-medical users," Holder said.

Cooking heroin (wikimedia.org)
Holder also pointed out that DEA had opened some 4,500 heroin investigations since 2011 and promising more to come.

But, as Holder noted, "enforcement alone won't solve the problem," so the administration is working with civil society and law enforcement "to increase our support for education, prevention, and treatment."

And although he didn't use the words "harm reduction," Holder is also calling for some harm reduction measures. He urged law enforcement and medical first responders to carry the overdose reversal drug naloxone (Narcan) and signaled support for "911 Good Samaritan" laws, which grant immunity from criminal prosecution to those seeking medical help for someone experiencing an overdose.

Holder got restrained plaudits from drug reformers for his small steps toward harm reduction measures, but they called for a more comprehensive approach.

"Preventing fatal overdose requires a comprehensive solution," said Meghan Ralston, harm reduction manager for the Drug Policy Alliance. "While naloxone is an absolutely critical component, we need a scientific, health-based approach to truly address the roots of the problem. This includes improving access to effective, non-coercive drug treatment for everyone who wants it, as well as improving access to medication-assisted treatments such as methadone and buprenorphine."

Naloxone (Narcan) can reverse opiate overdoses (wikimedia.org)
Ralston also added that just making naloxone available to cops and EMTs wasn't good enough. Friends and family members, not "first responders," are most often the people who encounter others in the throes of life-threatening overdoses.

"While we applaud Attorney General Holder's clear support for expanding access to naloxone, particularly among law enforcement and 'first responders,' we urge him to clarify that he supports naloxone access for anyone who may be the first person to discover an opiate overdose in progress," she said.

But Law Enforcement Against Prohibition (LEAP), a group of law enforcement officials opposed to the war on drugs, applauded the move, which could help soften reflexive law enforcement opposition to carrying the overdose antidote, an attitude reflected in the the International Association of Chiefs of Police's opposition to all harm reduction measures.

"Police may not be the first to embrace change, but we are slowly evolving," said Lieutenant Commander Diane Goldstein (Ret.). "We cannot arrest our way out of a public health problem, and it's clear that the Attorney General is beginning to understand that and to embrace the role of harm reduction in reducing death, disease and addiction in our communities. We still have a long way to go, but this is a good sign."

The idea is "a no-brainer," according to executive director Major Neill Franklin (Ret.). "It is simply immoral not to support something proven to save lives for political reasons," Franklin added. "Yes, police send a message when they choose not to carry naloxone. But that message is not 'don't do drugs,' it's 'if you make the wrong decisions in your life, we don't care about you.' That offends me both as a former cop and as a human being."

The nuanced pushback to Holder's law enforcement/prevention/treatment/hint of harm reduction approach is good as far as it goes, but it doesn't go far enough. Decriminalizing and destigmatizing now illicit drug use, as has been the case in Portugal, is an obvious next step, and removing the question of drugs from the purview of the criminal justice system altogether would be even better. Still, that a sitting attorney general is calling for treatment and harm reduction as well as law enforcement is a good thing, and for reformers to be calling him on not going far enough is a good thing, too.

Chronicle AM -- March 10, 2014

California's Democrats endorse marijuana legalization, Caricom gets ready to talk marijuana, Attorney General Holder calls for expanded access to naloxone to prevent overdose deaths, legislatures in the Pacific Northwest make moves on medical marijuana, and more. Let's get to it:

Caribbean leaders are discussing ganja this week. (wikimedia.org)
Marijuana Policy

Rep. Jared Polis Introduces Federal Marijuana Impaired Driving Bill. Rep. Jared Polis (D-CO), a supporter of marijuana legalization, has introduced the Limiting Unsafe Cannabis-Impaired Driving (LUCID) Act, which would expand the federal definition of an impaired driver to include those impaired by marijuana use. The bill is not yet available online, and the devil is in the details. Stay tuned.

California Democratic Party Endorses Legalization. The California Democratic Party voted Sunday to include in its platform a plank "to support the legalization, regulation and taxation of pot in a manner similar to that of tobacco or alcohol."

Support for Legalization at CPAC. Attendees at the Conservative Political Action Conference in Washington included many supporters of marijuana legalization, according to both a Huffington Post informal survey and a CPAC straw poll, which had 62% saying legalize it.

Medical Marijuana

New Jersey Program Won't Consider Adding New Conditions Until 2015. A Health Department spokesperson said late last week that the state's medical marijuana program will not consider expanding the list of conditions covered under state law until next year. That would appear to contradict the law, which required the health department to consider adding new diseases requested by the public after it submitted two annual reports, beginning in 2011, charting the program's progress. It also required the health department to produce a biennial report in 2012 and every two years after assessing whether there were enough growers to meet demand. But the Chris Christie administration didn't issue any reports at all until late last month, and now says it is too soon to add more illnesses.

Washington Senate Votes to Regulate Medical Marijuana. Legislation that would essentially fold the state's existing medical marijuana program into the I-502 legalization framework passed the Senate Saturday. Senate Bill 5887 would require dispensaries to be licensed under the legalization format. Patients could get their medicine there or grow their own, and they could voluntarily register with the state to get a partial tax break and buy greater quantities than allowed under general legalization. The measure now goes to the House, which has already passed a bill that requires mandatory patient registration. The session ends this week.

New York Assembly Democrats Roll Medical Marijuana Bill into Budget Proposal. In a bid to finally get medical marijuana through the legislature, Assembly Democrats have folded a bill to do that into this week's budget proposal. The bill resembles the Compassionate Care Act introduced by Assemblyman Dick Gottfried (D-Manhattan), but is not identical to it.

Harm Reduction

Holder Calls Heroin ODs "Urgent Public Health Crisis," Calls for Expanded Naloxone Access. US Attorney General Eric Holder Monday said the Justice Department was stepping up efforts to slow the increase in heroin overdose deaths. As part of that effort, he reiterated the administration's call for more law enforcement agencies to be equipped with the opiate overdose reversal drug naloxone (Narcan).

Methamphetamine

Pseudoephedrine Restriction Bill Introduced in Missouri House. Reps. Stanley Cox (R-118) and Kenneth Wilson (R-12) have filed a bill that lowers limits on the amount of pseudoephedrine-based medicines that people can purchase each month, sets an annual limit on purchase amounts, lowers the amount people can legally possess, and requires a prescription for anyone with a felony drug offense. House Bill 1787 is similar to legislation filed earlier this year in the Senate. That bill, Senate Bill 625, is currently before the Senate Judiciary Committee.

International

LEAP Proposes Amendment to UN Drug Treaties. Law Enforcement Against Prohibition (LEAP) has proposed an amendment to the UN drug treaties, the legal backbone of global drug prohibition. The amendment seeks to "eliminate the criminalization-oriented drug policy paradigm and replace it with a health, harm reduction, and human rights-oriented policy." The proposed amendment is accompanied by a letter to world leaders from LEAP executive director Neill Franklin. Read the amendment by clicking on the title link and sign onto it at the MoveOn.org link here.

Caricom Leaders to Debate Marijuana Legalization This Week. Leaders of the Caribbean Community (Caricom) trade bloc will discuss a preliminary report on decriminalizing marijuana and exploring its medicinal uses at a two-day summit beginning today on the Caribbean island of St. Vincent. The summit comes on the heels of a research report released last week by Caricom researchers that found such moves could help the region's sluggish economy.

Mexico Kills La Familia Cartel Leader -- Again. Mexican authorities are reporting that that they killed Nazario "El Mas Loco" (The Craziest One) Moreno in a shootout in Michoacan Sunday. The funny thing is that Moreno, one time leader of the La Familia Cartel, was also reported killed by authorities in December 2010. But his body was never found, and now government spokesmen say he was still alive and was acting as head of La Familia's replacement, the Knights Templar Cartel.

"The New Jim Crow" Author Michelle Alexander Talks Race and Drug War [FEATURE]

On Thursday, Michelle Alexander, author of the best-selling and galvanizing The New Jim Crow: Mass Incarceration in the Age of Colorblindness sat down with poet/activist Asha Bandele of the Drug Policy Alliance to discuss the book's impact and where we go from here.

Michelle Alexander (wikimedia.org)
The New Jim Crow has been a phenomenon. Spending nearly 80 weeks on The New York Times bestseller list, it brought to the forefront a national conversation about why the United States had become the world's largest incarcerator, with 2.2 million in prison or jail and 7.7 million under control of the criminal justice system, and African American boys and men -- and now women -- making up a disproportionate number of those imprisoned. Alexander identified failed drug war policies as the primary driver of those numbers, and called for a greater challenge to them by key civil rights leaders.

It's now been nearly four years since The New Jim Crow first appeared. Some things have changed -- federal sentencing reforms, marijuana legalization in two states -- but many others haven't. Alexander and Bandele discuss what has changed, what hasn't, and what needs to, raising serious questions about the path we've been down and providing suggestions about new directions.

Audio of the conversation is online here, and a transcript follows here:

Asha Bandele: The US has 5% of the world's population, but has 25% of the world's incarcerated population, and the biggest policy cause is the failed drug war. How has the landscape changed in the last four years since The New Jim Crow came out?

Michelle Alexander: The landscape absolutely has changed in profound ways. When writing this book, I was feeling incredibly frustrated by the failure of many civil rights organizations and leaders to make the war on drugs a critical priority in their organization and also by the failure of many of my progressive friends and allies to awaken to the magnitude of the harm caused by the war on drugs and mass incarceration. At the same time, not so long ago, I didn't understand the horror of the drug war myself, I failed to connect the dots and understand the ways these systems of racial and social control are born and reborn.

But over last few years, I couldn't be more pleased with reception. Many people warned me that civil rights organizations could be defensive or angered by criticisms in the book, but they've done nothing but respond with enthusiasm and some real self-reflection.

There is absolutely an awakening taking place. It's important to understand that this didn't start with my book -- Angela Davis coined the term "prison industrial complex" years ago; Mumia Abu-Jamal was writing from prison about mass incarceration and our racialized prison state. Many, many advocates have been doing this work and connecting the dots for far longer than I have. I wanted to lend more credibility and support for the work that so many have been doing for some, but that has been marginalized.

I am optimistic, but at the same time, I see real reasons for concern. There are important victories in legalizing marijuana in Colorado and Washington, in Holder speaking out against mandatory minimums and felon disenfranchisement, in politicians across the country raising concerns about the size of the prison state for the first time in 40 years, but much of the dialog is still driven by fiscal concerns rather than genuine concern for the people and communities most impacted, the families destroyed. We haven't yet really had the kind of conversation we must have as a nation if we are going to do more than tinker with the machine and break our habit of creating mass incarceration in America.

Asha Bandele: Obama has his My Brother's Keeper initiative directed at black boys falling behind. A lot of this is driven by having families and communities disrupted by the drug war. Obama nodded at the structural racism that dismembers communities, but he said it was a moral failing. He's addressed race the least of any modern American president. Your thoughts?

Michelle Alexander: I'm glad that Obama is shining a spotlight on the real crisis facing black communities today, in particular black boys and young men, and he's right to draw attention to it and elevate it, but I worry that the initiative is based more in rhetoric than in a meaningful commitment to addressing the structures and institutions that have created these conditions in our communities. There is a commitment to studying the problem and identifying programs that work to keep black kids in school and out of jail, and there is an aspect that seeks to engage foundations and corporations, but there is nothing in the initiative that offers any kind of policy change from the government or any government funding of any kind to support these desperately needed programs.

There is an implicit assumption that we just need to find what works to lift people up by their bootstraps, without acknowledging that we're waging a war on these communities we claim to be so concerned about. The initiative itself reflects this common narrative that suggests the reasons why there are so many poor people of color trapped at the bottom -- bad schools, poverty, broken homes. And if we encourage people to stay in school and get and stay married, then the whole problem of mass incarceration will no longer be of any real concern.

But I've come to believe we have it backwards. These communities are poor and have failing schools and broken homes not because of their personal failings, but because we've declared war on them, spent billions building prisons while allowing schools to fail, targeted children in these communities, stopping, searching, frisking them -- and the first arrest is typically for some nonviolent minor drug offense, which occurs with equal frequency in middle class white neighborhoods but typically goes ignored. We saddle them with criminal records, jail them, then release them to a parallel universe where they are discriminated against for the rest of their lives, locked into permanent second-class status.

We've done this in the communities most in need our support and economic investment. Rather than providing meaningful support to these families and communities where the jobs have gone overseas and they are struggling to move from an industrial-based economy to a global one, we have declared war on them. We have stood back and said "What is wrong with them?" The more pressing question is "What is wrong with us?"

Asha Bandele: During the Great Depression, FDR had the New Deal, but now it seem like there is no social commitment at the highest levels of government. And we see things like Eric Holder and Rand Paul standing together to end mandatory minimums. Is this an unholy alliance?

Michelle Alexander: We have to be very clear that so much of the progress being made on drug policy reflects the fact that we are at a time when politicians are highly motivated to downsize prisons because we can't afford the massive prison state without raising taxes on the predominantly white middle class. This is the first time in 40 years we've been willing to have a serious conversation about prison downsizing.

But I'm deeply concerned about us doing the right things for the wrong reasons. This movement to end mass incarceration and the war on drugs is about breaking the habit of forming caste-like systems and creating a new ethic of care and concern for each of us, this idea that each of us has basic human rights. That is the ultimate goal of this movement. The real issue that lies at the core of every caste system ever created is the devaluing of human beings.

If we're going to do this just to save some cash, we haven't woken up to the magnitude of the harm. If we are not willing to have a searching conversation about how we got to this place, how we are able to lock up millions of people, we will find ourselves either still having a slightly downsized mass incarceration system or some new system of racial control because we will have not learned the core lesson our racial history is trying to teach us. We have to learn to care for them, the Other, the ghetto dwellers we demonize.

Temporary, fleeting political alliances with politicians who may have no real interest in communities of color is problematic. We need to stay focused on doing the right things for the right reasons, and not count as victories battles won when the real lessons have not been learned.

Asha Bandele: Portugal decriminalized all drugs and drug use has remained flat, overdoses been cut by a third, HIV cut by two-thirds. What can we learn from taking a public health approach and its fundamental rejection of stigma?

Michelle Alexander: Portugal is an excellent example of how it is possible to reduce addiction and abuse and drug related crime in a non-punitive manner without filling prisons and jails. Supposedly, we criminalize drugs because we are so concerned about the harm they cause people, but we wind up inflicting far more pain and suffering than the substances themselves. What are we doing really when we criminalize drugs is not criminalizing substances, but people.

I support a wholesale shift to a public health model for dealing with drug addiction and abuse. How would we treat people abusing if we really cared about them? Would we put them in a cage, saddle them with criminal records that will force them into legal discrimination the rest of their lives? I support the decriminalization of all drugs for personal use. If you possess a substance, we should help you get education and support, not demonize, shame, and punish you for the rest of your life.

I'm thrilled that Colorado and Washington have legalized marijuana and DC has decriminalized it -- these are critically important steps in shifting from a purely punitive approach. But there are warning flags. I flick on the news, and I see images of people using marijuana and trying to run legitimate businesses, and they're almost all white. When we thought of them as black or brown, we had a purely punitive approach. Also, it seems like its exclusively white men being interviewed as wanting to start marijuana businesses and make a lot of money selling marijuana.

I have to say the image doesn't sit right. Here are white men poised to run big marijuana businesses after 40 years of impoverished black kids getting prison time for doing the same thing. As we talk about legalization, we have to also be willing to talk about reparations for the war on drugs, as in how do we repair the harm caused.

With regard to Iraq, Colin Powell said "If you break it, you own it," but we haven't learned that basic lesson from our own racial history. We set the slaves free with nothing, and after Reconstruction, a new caste system arose, Jim Crow. A movement arose and we stopped Jim Crow, but we got no reparations after the waging of a brutal war on poor communities of color that decimated families and fanned the violence it was supposed to address.

Do we simply say "We're done now, let's move on" and white men can make money? This time, we have to get it right; we have to tell the whole truth, we have to repair the harm done. It's not enough to just stop. Enormous harm had been done; we have to repair those communities.

Chronicle AM -- March 7, 2014

Oregon's medical marijuana dispensary regulation bill has passed the legislature with only temporary local bans allowed, more CBD medical marijuana bills are moving, an Indiana hemp bill has passed the legislature, and more. Let's get to it:

Yours truly with Peruvian coca farmer. The government wants to eradicate his crop. (Phil Smith/stopthedrugwar.org)
Marijuana Policy

Colorado Cops Want Marijuana Tax Dollars Because…. Colorado police chiefs have written a letter to Gov. John Hickenlooper (D) asking for a bigger cut of marijuana tax revenues. "Many of our local law enforcement agencies have diverted staff from other operations into marijuana enforcement, leaving gaps in other service areas as a direct result of marijuana legalization," according to the letter from the Colorado Association of Chiefs of Police. They claim they need more money to learn how to spot stoned drivers, to pay for "oral fluid testing" at DUI stops, and to create a database of marijuana-related crime.

Maryland Senate Committee Approves Decriminalization Bill. The Senate Judicial Proceedings Committee approved a decriminalization bill on a 8-3 vote Friday. Senate Bill 364, cosponsored by Sen. Bobby Zirkin (D-Baltimore) and Sen. Allan Kittleman (R-Howard), would replace criminal penalties for possession of up to 10 grams of marijuana with a $100 fine, similar to a parking ticket. It would also make penalties for minors the same as those for underage possession of alcohol. Under current Maryland law, possession of small amounts of marijuana is a misdemeanor punishable by up to 90 days in jail and a fine of up to $500. The bill now heads for a Senate floor vote.

Puerto Rico Decriminalization, Medical Marijuana Approval Looming. Bills that would decriminalize small-time pot possession (Senate Bill 517) and allow for medical marijuana (House Bill 1362) in Puerto Rico are due for debate soon and are expected to pass. The decrim bill has already passed the Senate.

Medical Marijuana

New Hampshire Home Grow Bill Passes House. The House Friday approved a bill that would allow patients to grow their medicine while waiting for the state to develop regulations for dispensaries and commercial medical marijuana cultivation. House Bill 1622 now heads for the state Senate.

Michigan Medical Marihuana Review Panel Recommends PTSD as Qualifying Condition. The Michigan Medical Marihuana Review Panel appointed by the Department of Licensing and Regulatory Affairs has decided to recommend that the department add PTSD to the list of qualifying conditions for medical marijuana. It is now up to Steve Arwood, Director of the Department of Licensing and Regulatory Affairs, to accept or reject the recommendation. If he does, Michigan will become the 8th state to allow marijuana for the treatment of PTSD.

South Carolina CBD Medical Marijuana Bill Passes House Panel. A bill that would allow for the use of high-CBD cannabis oil for epileptic seizures passed a House subcommittee Thursday. House Bill 4803, sponsored by Rep. Jenny Horne (R-Summerville), calls for clinical trials of a CBD-based drug, but very few can participate in such trials, Hilton said. While the bill would also allow doctors to prescribe CBD oil pharmaceuticals, it's unclear whether all doctors would be able to do so.

Alabama CBD Medical Marijuana Bill Stalls in Senate. A bill that would allow for the use of high-CBD cannabis oil for treatment of seizure disorders hit a roadblock as the Senate adjourned Thursday before taking it up. Senate Bill 174 could still get a hearing next week, though.

California Dispensary Limits Bill Gets Hearing Next Week. A bill that would expand the minimum distance of dispensaries or collectives from schools to 1,000 feet (up from 600 feet under current law) is set for a hearing next week. Assembly Bill 1588 will go before the Assembly Public Safety Committee Wednesday. It is opposed by Cal NORML.

Oregon Dispensary Regulation Bill Passes With Only Temporary Local Bans Allowed. The Oregon Senate Friday gave final approval to a statewide dispensary regulation bill after the House approved compromise language that would allow localities to issue moratoria on dispensaries, but only for a year while they figure out how to regulate them. Senate Bill 1531 now heads to the governor's desk.

Hemp

Indiana Hemp Bill Goes to Governor. A bill that would license Indiana farmers to grow hemp has been approved by the legislature. Senate Bill 357 passed the Senate unanimously last month and passed the House 93-4 earlier this week. Because it was amended in the House, the Senate needed to approve the changes. It has now done so, and the bill awaits the signature of Gov. Mike Pence (R).

Harm Reduction

Transnational Institute Releases Paper on Cocaine Harm Reduction. The Transnational Institute has released the latest paper in its Series on Legislative Reform of Drug Policies. The paper, Cocaine: Toward a Self-Regulation Model -- New Developments in Harm Reduction, argues that most cocaine users do not "escalate toward addiction," but instead self-regulate their use, and that drug treatment programs stressing the disease model of addiction should be replaced by programs that empower users and their ability to self-regulate.

Federal Overdose Prevention Bill Reintroduced. Rep. Donna Edwards (D-MD) and 18 cosponsors reintroduced the Stop Overdose Stat Act (House Resolution 4169) Friday in a bid to reduce the toll of fatal drug overdoses. It would provide federal support for overdose prevention programs run by community agencies and municipal, state and tribal governments. The bill is supported by the American Medical Association, the Trust for America's Health, the Drug Policy Alliance and the Harm Reduction Coalition.

Law Enforcement

Press Conference Monday to Promote New Jersey Bail Reform. The Assembly Judiciary Committee is set to hear a bail reform bill Monday morning, but before that happens, supporters of the legislation will hold a statehouse news conference will faith leaders. Click on the link for more details. A number of bail bills have been filed; it's not clear which one(s) will be heard.

International

Italian Government Won't Challenge Abruzzo Law Allowing Medical Marijuana. The Italian government has decided not to challenge a regional law that would permit the supply of cannabis-based prescription drugs in Abruzzo, government sources said. The decision would open the door for legal marijuana use for therapeutic purposes in the central Italian region. The case refers to a law passed this past January. The area has been on the vanguard of cannabis legislation in Italy for years.

Peru Will Spend $300 Million to Eradicate Coca Crops. Peru's government has reaffirmed its pledge to meet a coca eradication target set at 30,000 hectares by allocating US $300 million for boosting ongoing efforts to tackle drug trafficking, Peruvian Prime Minister, Rene Cornejo, said on Thursday. Cornejo's remarks came during the signing ceremony of a financing agreement with the European Union to support the country's National Anti-Drug Strategy. Peru is once again the world's largest coca and cocaine producer, after losing that title to Colombia late in the last century.

Israeli Health Ministry Approves Medical Marijuana for Epileptic Kids. The Health Ministry has decided to approve the use of medical marijuana for children suffering from extreme cases of epilepsy, but only if other drugs are ineffective or less effective. It's not clear if only high-CBD cannabis oils are approved, but the exception for epilepsy is only for kids. The ministry also added fibromyalgia to the list of approved diseases and conditions.

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

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