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Drug War Chronicle

comprehensive coverage of the War on Drugs since 1997

PA Makes Xylazine a Controlled Substance, Swiss Capital Wants Pilot Cocaine Sales Program, More... (6/5/23)

A Louisiana pot poll shows strong support for legalization, a California bill to allow pot shops to sell food and drink as well is moving in the Assembly, and more.

The Swiss capital, Bern, wants to start a pilot program of supervised cocaine sales. (Pixabay)
Marijuana Policy

California Assembly Approves Bill to Allow Marijuana Cafes. The Assembly last week approved Assembly Bill 374, which would allow weed retailers to offer food and drinks if they receive local approval. Alcohol sales and tobacco smoking would continue to be prohibited. The bill from Assemblymember Matt Haney (D) passes overwhelmingly on a 59-9 vote and now heads to the Senate.

"The legal cannabis industry is struggling," Haney said on the floor. "Issues like an over-saturation, high taxes and thriving black market are hurting cannabis businesses who follow the rules and pay taxes. AB 374 allows local governments to authorize the preparation and sale of non-cannabis foods and soft drinks at licensed cannabis consumption lounges," he said. "To be clear this does not allow coffee shops to sell cannabis. It allows cannabis shops to sell coffee with pre-approval from local governments. It shouldn’t be illegal for an existing cannabis business to move away from only selling marijuana and instead have the opportunity to grow, thrive and create jobs by offering coffee or live jazz. Ironically, how the law is written now, we require cannabis shops to only sell drugs," Haney said. "We believe that if these businesses want to move away from that model and sell muffins and coffee, they should be able to do that. This will support our small businesses, with local government autonomy."

Louisiana Poll Has Strong Support for Marijuana Legalization. A new poll from Louisiana State University has 70 percent of respondents saying they support legalizing the possession of "small amounts" of marijuana and 90 percent saying they support medical marijuana. Pollsters said the poll revealed a "substantial increase over the past decade in support for legalizing marijuana for recreational use."

The state has a limited medical marijuana program and decriminalized the possession of up to a half ounce in 2021, but efforts to move forward with legalization have gone nowhere in the legislature so far.

Psychedelics

Nevada Assembly Committee Approves Psychedelic Working Group Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed is first Assembly hurtle last Friday, winning approval from the Assembly Health and Human Services Committee. It now heads for an Assembly floor vote.

When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness."

Drug Policy

Pennsylvania Temporarily Makes "Tranq" Drug Xylazine a Controlled Substance. Responding to the spread of the veterinary tranquillizer xylazine into the illicit street drug market, along with the lesions it creates on users and its danger (it is often mixed with opioids but does not respond to naloxone), the Department of Health has moved to limit access to the drug by temporarily listing it as a Schedule III substance. Placing xylazine on Schedule III—as opposed to just banning it—preserves legitimate use by veterinarians and farmers.

"This action will protect veterinarians and other legitimate users and manufacturers of xylazine, which is an important medication for animal sedation, while also creating penalties for people who add illicit xylazine to the drug supply that is harming people in our communities," said Acting Secretary of Health Dr. Debra Bogen . "Our focus remains on developing strategies that help connect people with substance use disorder to treatment and other resources." 

International

Swiss Capital City Wants Pilot Program for Cocaine Sales. The city parliament has voted 43-18 to approve a motion from the Alternative Left to extend a pilot program with marijuana sales to include cocaine sales. The marijuana pilot program is set to begin this fall. City parliamentarians said supervised sales could lead to better control of the stimulant drug.

A similar proposal was narrowly rejected by the Bern parliament in 2019, but this year's version was more restrictive, winning enough support from the Social Democrats to get the measure passed—and send a strong signal to the federal government about where the capital city wants to go. 

FL Legal Pot Initiative Has Enough Signatures, Federal Military Psychedelic Research Bill Filed, More... (6/2/23)

A New Hampshire bill legalizing fentanyl and xylazine testing materials goes to the governor, Antigua and Barbuda decriminalizes marijuana and grants Rastafarians sacramental rights, and more.

Happy Rastafaris with silly dreadlock caps. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Has Enough Signatures to Qualify for the Ballot. State officials have confirmed that Smart and Safe Florida's proposed marijuana legalization constitutional amendment has handed in enough valid voter signatures to qualify for the November ballot. The group needed 891, 523 valid signatures and has so far collected 967,528.  

The campaign spent $23 million on signature gathering firms and still has $15 million in the bank after raising $38 million—all from a single source, Trulieve Cannabis Corporation, which operates in several states, including Florida.

Under the initiative, people 21 and over could possess up to three ounces of marijuana or five grams of concentrate, but not grow their own. The initiative would also create a legal, regulated marijuana market. The initiative still faces a legal challenge from Attorney General Ashley Moody (R) in the state Supreme Court.

Psychedelics

Bipartisan Federal Bill Would Provide Funds for Psychedelic Research for Members of the Military. A new bill with sponsors from both sides of the aisle, HR 3684, would create a $75 million grant program for research into psychedelics’ potential for the treatment of mental health conditions among active duty military members. The bill directs the secretary of defense to create the program funding Phase 2 clinical trials on psilocybin, ibogaine, MDMA and 5-MeO-DMT for PTSD, TBI and chronic traumatic encephalopathy, as well as for the training of practitioners to provide psychedelic-assisted therapy for active-duty members, on a yearly $15 million budget spanning FY 2024 to 2028. The bill has been referred to the House Armed Services Committee.

Harm Reduction

New Hampshire Senate Approves Fentanyl, Xylazine Test Strip Bill. The state Senate has approved a bill, House Bill 287, that would legalize materials that test for fentanyl and xylazine, an animal tranquilizer (also known as Tranq) that has entered the illicit drug supply in recent years. The bill passed the House in March and now goes to the desk of Gov. Chris Sununu (R). The original bill would have legalized all drug testing materials, but was amended to limit its scope to those for testing fentanyl and xylazine.

International

Antigua and Barbuda Decriminalizes Marijuana, Grants Rastafaris Sacramental Rights. The government of the two-island Caribbean nation has liberalized its marijuana laws, decriminalizing the possession of up to 15 grams and allowing for the home cultivation of up to four plants. The new law also grants Rastafaris the right to smoke and grow marijuana for religious purposes.

"We’re more free now," said Ras Tashi, a member of the Ras Freeman Foundation for the Unification of Rastafari, who was arrested several times for growing cannabis but refused to plead guilty because to him, "it’s a God-given plant. The government gives us our religious rights … we can come and plant any amount of marijuana … and no police can come and take up any plant. We fight for that right — and we get that right," he said.

CA Marijuana Employment Protection Bill Advances, AZ Court Expands Pot Expungements, More... (6/1/23)

Expungement moves are happening in Arizona and Louisiana, Mexico's president says he could get behind peace agreements with drug cartels, and more.

Mexico's President Lopez Obrador says he would be open to a peace agreement with drug cartels. (Creative Commons)
Marijuana Policy

Arizona Appeals Court Expands Scope of Marijuana Expungements. The state Court of Appeals ruled Tuesday that expungement can be applied to sale-related marijuana offenses as well as possession offenses. State law reads that "possessing, consuming, or transporting" up to 2.5 ounces of weed or up to six plants are offenses eligible for expungement. In the case before the court, a Maricopa County Superior Court judge ruled that an expungement request for the offense of solicitation to commit possession of marijuana for sale did not comply with the state law, but the appeals court held that the offenses of "possessing" or "transporting" marijuana included marijuana for sale and ordered the lower court to grant the expungement request.

California Senate Approves Bill Barring Employers from Asking About Past Marijuana Use. The state Senate has approved Senate Bill 700, which would bar employers from asking potential new hires about past marijuana use. The vote was 29-9. The bill builds on existing employment protections enacted last year barring employers from penalizing most workers for off-duty marijuana use. The bill now heads to the Assembly.

Louisiana Marijuana Expungement Streamlining Bill Advances. A bill to streamline expungements for first-time marijuana possession offenders, House Bill 286, has already passed the House and on Wednesday was approved by the Senate Judiciary C Committee. The next stop for the bill is a Senate floor vote. Under current law, people seeking expungement for possession of up to a half ounce of marijuana have to wait five years after conviction. This bill cuts the waiting period to 90 days. But people would have to pay up to $300 in fees for the privilege.

International

 

. Responding to an activist's open letter to drug cartels asking them to stop the practice of forced disappearances—where people are not just killed but completely erased, their bodies dissolved in acid or burned to ash, and their friends and family are left with no idea of what happened to them—President Andres Manuel Lopez Obrador (AMLO) said he would support an agreement with some of the country's most powerful and violent drug cartels  if he helped stop the violence that has wracked the country for nearly two decades.

"I agree and I hope we achieve peace – that’s what we all want," AMLO said when asked about the proposed pact. "Violence is irrational and we’re going to continue looking for peace, to achieve peace and that is what we’re doing. And if there is an initiative of this kind, of course we support it."

The number of people who have been forcibly disappeared in Mexico in the last 15 years number more than 50,000, with around 40,000 of them disappearing during AMLO's term of office. Another 30,000 a year have died in cartel violence during his term. 

The Punitive Prohibitionist Approach to Drug Use During Pregnancy is Killing Women [FEATURE]

How to deal with substance abuse during pregnancy is a fraught issue, generating harsh sanctions against pregnant women who use drugs or who lose their fetuses before birth and are drug users. According to data compiled by Pregnancy Justice, the advocacy group formerly known as National Advocates for Pregnant Women, prosecutors filed more than 1,300 criminal cases against pregnant women between 2006 and 2020, a rate of more than a hundred a year. They are almost always poor women of color.

THardnosed prosecutors and child protection agencies enabled by state and federal laws use a number of techniques and statutes to go after pregnant women who use drugs. As compiled by the Guttmacher Institute, a research and policy group committed to advancing sexual and reproductive health and rights, they include:

·       Making drug use during pregnancy a crime. Such laws have been upheld by state Supreme Courts in Alabama and South Carolina.

·       Several states have expanded their civil child-welfare requirements to include prenatal substance use, so that prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect.

·       Some states, under the rubric of protecting the fetus, authorize civil commitment (such as forced admission to an inpatient treatment program) of pregnant people who use drugs; these policies sometimes also apply to alcohol use or other behaviors.

·       A number of states require health care professionals to report or test for prenatal drug exposure, which can be used as evidence in child-welfare proceedings.

·       To receive federal child abuse prevention funds, states must require health care providers to notify child protective services when the provider cares for an infant affected by illegal substance use.

But now, a growing number of experts, including maternal/fetal specialists, federal health officials and people who treat addiction, are saying that such responses are counterproductive. Women who feel subject to prosecution may avoid health care entirely or may shy away from interventions such as a medication-assisted treatment (MAT) with opioids such as methadone or buprenorphine, increasing their likelihood of fatal overdoses. Overdoses are a eading cause of preventable death among pregnant women.

A study published this week in the Maternal and Child Health Journal of 26 pregnant Massachusetts women found that the decision whether or not to use MAT "was entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery," according to Dr. Davida Schiff, the study author and an addiction medicine specialist at Massachusetts General Hospital in Boston. The women underwent "intense anxiety and stress"  about the threat they would be reported to child protective services.

"This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said. 

That someone is using drugs while pregnant "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina’s Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

"Across the entire country, we're seeing a general trend toward more punitive policies, and those are kind of the policies that consider substance use during pregnancy to be child abuse or neglect," said Laura Faherty, a policy researcher at the RAND Corporation.

Even the head of the National Institute on Drug Abuse (NIDA), Dr. Nora Volkow, thinks things have gone too far.

"We should remove criminalization of women who are pregnant and taking drugs," she said. "That needs to stop. We know that mortality from overdoses is greater in women that are pregnant than counterparts of the same age that are not pregnant. This is extraordinarily important because it's telling us that there's something that is making these pregnant women more vulnerable."

The need for change from punitive prohibitionist policies is urgent. A 2019 study found that the rate of opioid-related diagnoses among pregnant women more than doubled between 2010 and 2017, with ongoing research suggesting another big increase after 2017. And a 2022 study found that the number of pregnant women and new mothers dying of drug overdoses reached a record high in 2020, nearly doubling to11.85 per 100,000 from 6.56 per 100,000 in 2017.

Punitive prohibitionist policies are not working. It is time for another approach.

NH Marijuana Legalization Measure Deferred, NV Psychedelic Working Group Bill Advances, More... (5/31/23)

Health experts are speaking out about the dangers of criminalizing drug use during pregnancy, a North Carolina medical marijuana bill gets a hearing, and more.

Magic mushrooms. They could be on the agenda of a proposed Nevada psychedelic working group. (Creative Commons)
Marijuana Policy

New Hampshire Lawmakers Defer Action on Proposal for State-Run Marijuana Legalization. An effort to move forward on marijuana legalization via an amendment that would create a system of state-run pot shops in eventual combination with existing medical marijuana dispensaires has run out of steam—for now.

The House Commerce and Consumer Affairs Committee on Tuesday declined to act on that amendment, which came from Chairman John Hunt (R). Instead, the committee plans to continue working on the proposal and will create a separate, stand-alone bill, but with legislative deadlines looming, the issue will be bumped to the fall, when the legislature reconvenes, with possible floor action early in 2024.

Medical Marijuana

North Carolina Medical Marijuana Bill Gets Hearing but No Vote. The North Carolina Compassionate Care Act, Senate Bill 3, has already passed the Senate and got a hearing in the House Health Committee on Tuesday. No vote was taken. If the bill eventually passes out of the Health Committee, it then faces a trek through the Finance and  Rules committees before heading for a House floor vote.

During Tuesday's hearing, Sen. Bill Rabon (R-Brunswick) told lawmakers about how he used marijuana to help him get through chemotherapy. "That’s the only reason I’m alive today," said Rabon. "I know that tens of thousands of people in the state could benefit just as I did."

Psychedelics

Nevada Senate Approves Psychedelic Working Group Bill. The Senate on Monday approved a bill to create a new working group to study psychedelics and develop a plan for regulated access for therapeutic uses, Senate Bill 242. The bill originally would have legalized psilocybin and promoted research into it and MDMA but was pared back in committee before passing on a 16-4 vote. The bill now heads to the Assembly.

Pregnancy

Health Experts Call for Changes to Laws Around Drug Use and Pregnancy. Laws criminalizing drug use during pregnancy are deterring pregnant women from seeking help and need to be changed, health experts say. They also keep expecting mothers from using medication-assisted treatment for fear of losing custody of their newborns.

"We should remove criminalization of women who are pregnant and taking drugs," Dr. Nora Volkow, head of the National Institute on Drug Abuse (NIDA), said in an interview. "That needs to stop."

Substance use disorder "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina’s Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

Dr. Davida Schiff, addiction medicined specialist at Massachusetts General Hospital and author of a new study on the use of medication-assisted treatment (opioid maintenance) by pregnant women said their decisions were "entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery. This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said. 

MN Becomes 23rd Legal Marijuana State, OH Court Rules on Drug-Using Pregnant Women, More... (5/30/23)

A bid to condemn Canada's safe supply drug policy in British Columbia fails in Parliament, Vermont's governor signs an overdose prevention omnibus bill into law, and more.

An Ohio appeals court has ruled that pregnant women who use drugs cannot be prosecuted under a state law. (CC)
Marijuana Policy

Minnesota Becomes 23rd Legal Marijuana State. With the signature Tuesday of Gov. Tim Walz (DFL) on a reconciled bill, the state became the 23rd to legalize marijuana and the second this year. Delaware legalized it earlier this year. Passage of the bill after years of effort came after the Democratic Farm Labor Party won majorities in both houses of the legislature. Marijuana use and possession will be legalized as of August 1, but it is likely to take a year or longer to get the state's legal marijuana commerce system up and running

Harm Reduction

Vermont Governor Signs Omnibus Overdose Prevention Bill into Law. Gov. Phil Scott (R) last Thursday signed into law an omnibus overdose prevention bill, House Bill 222. The move comes as the state sees its third year in a row of record drug overdose fatalities. The bill contains measures aimed directly at reducing overdoses, such as funding to launch drug-checking services around the state and providing for liability protection. It also contains provisions aimed at breaking down barriers to receiving drug treatment, such as reducing wait times for preauthorization for medication-assisted treatment and expanding the availability of recovery and sober living homes. The measures are being funded with $8 million the state received from settlements with opioid manufacturers and distributors.

Pregnancy

Ohio Appeals Court Rules Law that Criminalizes Providing Drugs to Pregnant Women Does Not Apply to the Pregnant Woman Herself. Last week, Ohio's 5th District Court of Appeals ruled that it is not a crime for a pregnant women to administer illicit drugs to herself. The ruling came in the case of Muskingum County woman who was found guilty of violating a law that makes it a crime to "administer a controlled substance to a pregnant woman" after she confessed to injecting fentanyl in the hospital parking lot before entering the hospital to deliver her baby. In overturning the verdict, the appeals court held that the administration of drugs must be done by another person—not the pregnant woman herself. As a result, similar cases against four other women have been suspended and the woman in the original case has been released from prison. Prosecutors say they will appeal.

International

Canadian Conservatives' Motion to Condemn Liberals' Safe Supply Drug Policies Fails. A motion from Conservative Party Leader Pierre Poilievre to condemn the Liberal federal government's drug policies, and especially its decision to fund the supply of pharmaceutical alternatives as alternatives to illicit street drugs in the province of British Colombia, failed to pass in the House of Commons last Friday. BC's safe supply approach comes as some 35,000 Canadians have died of drug overdoses since 2016. Poilievre argued that the "tax-funded drug supply" fueled addiction rather than recovery and suggesting diverting money from that program into drug treatment. His motion called on the House to "immediately reverse its deadly policies and redirect all funds from taxpayer-funded, hard drug programs to addiction, treatment and recovery programs." But the House didn't buy it. 

House Passage of HALT Fentanyl Act Slammed, DEA Jerks Opioid Distributor's License, More... (5/26/23)

The Louisiana House votes to radically quicken expungements for pot possession offenses, a Texas medical marijuana bill is dead in the water in the state Senate, and more.

Yet another drug distributor gets punished for its role in the opioid crisis. (Creative Commons)
Marijuana Policy

Louisiana House Approves Bill Streamlining Marijuana Expungements. The House on Tuesday voted overwhelmingly to approve House Bill 286, which would streamline the expungement process for people with first-offense marijuana possession convictions. Under the bill, people convicted of possessing less than 15 grams of marijuana can petition the courts to expunge their records after 90 days from the date of conviction. Under current state law, people must wait at least five years before seeking expungement. The bill sponsored by Rep. Delisha Boyd (D) now goes to the Senate.

Massachusetts Shelves Pilot Program for Social Consumption Spaces. The state Cannabis Control Commission has scrapped a pilot program to allow on-site marijuana consumption shops in 12 municipalities, saying it will instead focus on developing broader regulations for onsite consumption and how to license such businesses. That means the Bay State is unlikely to see any consumption spaces open this year. A state law allowing limited consumption areas in existing pot shops went into effect nine months ago. Commissioner Nurys Camargo said dropping the pilot program would encourage municipalities to decide whether or not they want to allow on-site consumption.

Medical Marijuana

Texas Medical Marijuana Expansion Bill Appears Dead. A bill from Rep. Stephanie Klick (R-Fort Worth) that would have expanded the state's low-THC Compassionate Use Program to include chronic pain patients who otherwise would be prescribed opioids, House Bill 1805, appears dead in the Senate after passing the House. The bill was referred to the Senate Water, Agriculture and Rural Affairs Committee but did not get a committee hearing.

Opioids and Opiates

House Slammed for Passing HALT Fentanyl Act in Rerun of "Failed Drug War." The House's passage Thursday of HR 467, the Halt All Lethal Trafficking (HALT) of Fentanyl Act generated strong condemnation from drug reform, civil and human rights groups as well as pleas for the Senate to kill it. The bill would classify all fentanyl analogues as Schedule I drugs and resort to mandatory minimum sentences for those found guilty of their distribution. The bill passed with near-unanimous GOP support (only Rep. Thomas Massie (R-KY) voted "no"), but also with the "yes" votes of 70 House Democrats.

"It's sad to see lawmakers revert to over-criminalization once again when we have 50 years of evidence that the war on drugs has been an abject failure," said Laura Pitter of Human Rights Watch, one of nearly 160 advocacy groups that signed a letter earlier this week imploring Congress to reject the HALT Fentanyl Act.

"By passing this bill, the House has signaled that Congress is entering a new carceral era," said Liz Komar, sentencing reform counsel for the Sentencing Project. "The federal prison population has been on the rise since the beginning of the Biden administration after seven years of decline," said Komar. "The passage of the HALT Fentanyl Act would deepen that trend by doubling down on failed drug policies that prioritize prisons over drug treatment and overwhelmingly harm Black and Brown communities.

"If mandatory minimums and harsh sentences made communities safer," Komar added, "the overdose crisis would not have occurred. We urge the Senate to reject this bill and all expansions of mandatory minimums and reverse this punitive trend."

"Our communities deserve real health solutions to the overdose crisis, not political grandstanding that is going to cost us more lives," said Maritza Perez Medina, director of the office of federal affairs at the Drug Policy Alliance, as she urged the Senate to kill the bill.

Prodded by AP Story, DEA Yanks Drug Distributor's License Over Filling of "Suspicious" Orders During Opioid Crisis. The DEA on Friday revoked the license of one of the country's largest drug distributors to sell opioid pain relievers because it failed to flag thousands of suspicious orders amid the opioid crisis. The move comes nearly four years after a judge recommended the harshest penalty for Morris & Dickson for its "cavalier disregard" of rules aiming at thwarting opioid abuse and two days after the Associated Press reported that the DEA had allowed the company to keep shipping opioids despite the judge's ruling.

In the 68-page order, DEA Administrator Anne Milgram said the company did not accept responsibility for its past actions, including shipping 12,000 "unusually large" orders between 2014 and 2018 and only flagging three of them as "suspicious."

The loss of the distribution license could drive the company out of business, but Morris & Dickson said it had spent millions of dollars in recent years to upgrade its compliance systems and looked to be holding out hope of reaching a settlement with DEA.

The company's larger competitors -- AmerisourceBergen, Cardinal Health, and McKesson -- have already agreed to pay the federal government more than $1 billion in fines and penalties for similar violations, as well as paying out $21 billion to settle claims from a nationwide settlement. The actions of the drug distributors played a contributing role in this century's opioid crisis, but the reaction to that crisis has also contributed to problems for chronic pain patients in obtaining the medicines they need.

House Passes HALT Fentanyl Act, CA Senate Passes Psychedelic Decriminalization Bill. More... (5/25/23)

No more pot smoking on the streets of Amsterdam's red light district, a bipartisan marijuana legalization bill gets filed in Ohio, and more.

The House responds to the fentanyl crisis with an old-school prohibitionist approach. (Creative Commons)
Marijuana Policy

Ohio Bipartisan Marijuana Legalization Bill Filed. Even as signature-gatherers are out pounding the streets for a final round of signatures to put a legalization initiative on the November ballot, a bipartisan pair of lawmakers have reintroduced their own legalization bill, the Ohio Adult Use Act. The act would legalize the possession and cultivation of marijuana by people 21 and over and would set up a system of regulated marijuana sales with a retail tax of 10 percent.

Opiates and Opioids

House Approves HALT Fentanyl Act Making Broad Classes of Fentanyl Analogues Illegal. The Republican-led House on Thursday approved HR 467, the Halt All Lethal Trafficking (HALT) of Fentanyl Act. The bill's summary says: "This bill permanently places fentanyl-related substances as a class into schedule I of the Controlled Substances Act… Under the bill, offenses involving fentanyl-related substances are triggered by the same quantity thresholds and subject to the same penalties as offenses involving fentanyl analogues (e.g., offenses involving 100 grams or more trigger a 10-year mandatory minimum prison term). Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration."

The bill was strongly opposed by congressional progressives and a wide swathe of civil society organizations who worry that the Biden administration and congressional Democrats (74 House Democrats voted for the bill) are supporting crackdowns on drug users and sellers at the expense of public health efforts. The bill now goes to the Senate. The White House issued a statement saying it supports aspects of the bill such as permanent scheduling, but also wants to do more promote public safety. It has not threatened to veto the bill.

Psychedelics

California Senate Approves Bill to Decriminalize Natural Psychedelics. The state Senate on Wednesday approved Senate Bill 58, which decriminalizes the possession of "certain hallucinogenic substances," including psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline. The bill also repeals laws banning the cultivation of "spores or mycelium capable of producing mushrooms or other material which contain psilocybin or psilocyn."

Peyote is excluded from the list of decriminalized substances because, bill author Sen. Scott Weiner (D-San Francisco) noted, the cactus is "nearly endangered" and should be reserved for spiritual use by members of the Native American Church.

The bill now heads to the Assembly. In 2021, Weiner introduced a similar bill that passed the Senate only to die without a floor vote in the Assembly.

International

Amsterdam Red Light District Street Pot Smoking Ban Goes into Effect. A municipal ban on smoking marijuana on the streets of Amsterdam's famous red light district went into effect Thursday. The area is known for its brothels, sex clubs, and cannabis cafes and attracts millions of tourists each year, but the traffic is viewed as a nuisance by many residents. The move is part of a push by Mayor Femke Halsema to "clean up" the area. People are still allowed to smoke pot in the cafes and on their terraces, but those caught smoking in the street will face 100 Euro ($110) fine.

Minnesota Set to Become 23rd State to Legalize Marijuana [FEATURE]

With final votes approving the House File 100 marijuana legalization bill in the House and Senate last week, Minnesota is only a governor's signature away from becoming the 23rd state to legalize marijuana and the second, after Delaware to do it this year. And in comments after the legislature sent him the bill, Gov. Tim Walz (D) has made it crystal clear that he will sign the bill into law -- with a "big" ceremony after Memorial Day.

Minnesota State Capitol (Pixabay)
While licensed adult-use legal marijuana sales are months away, marijuana will be legal to possess and home cultivate beginning August 1, and expungement provisions of the law also go into effect then.

"When the bill reaches my desk, Minnesota will become the 23rd state in the nation to legalize adult-use cannabis," Walz said. "It's going to take a while. We have to put the regime into place. We’ll have to make sure the licensing stands up. And what we've said is -- what you're going to have certainty about is -- is that you're going to know what the product you're buying is, there's going to be a regulated, safe environment and we're going to be able to stand that up," he vowed.

As for phased legalization, with the August date for the end of pot prohibition and legal commerce beginning after regulators set up a system, "I think the legislature did a smart thing here," Walz said. "I think this is what Minnesotans expect. We've seen it in other states that it worked. We have the advantage of learning from what they did."

The state is moving quickly. The Office of Cannabis Management, which will be the regulator but which has not even been officially formed yet, already has its own web site. It contains information for recreational marijuana users, medical marijuana patients, people who want to get into the industry, and people seeking information about expungements. "We're going to be working on the expungements to get people back to where they should have been, and then we will set up the infrastructure to make sure that we're licensing and regulating the dispensaries," Walz said.

"We've been working on this for about four years, talking to people in Vermont and Colorado. We want to make it a smooth transition. But I think the biggest thing is that, on August 1, just making sure we're not going to spend precious dollars in our policing focusing on possession of cannabis, rather than looking at other crimes we should be working on," he said. "It just takes a little bit of time. We'll implement it. We'll get it in. And I think this is the direction Minnesota wanted us to go."

Under the bill (about to become law), people 21 and over will be able to possess up to two ounces in public as of August 1. They will also be able to grow up to eight plants at home, four of which can be in flowering, and they can possess up to two pounds of the fruits of their harvest at home. People can also transfer up to two ounces without remuneration to other adults.

Also beginning August 1, certain misdemeanor marijuana records will be automatically expunged. A new bureaucratic entity, the Cannabis Expungement Board, will also consider some marijuana felonies for relief, including potential sentence cuts for those still behind bars.

The legal marijuana commerce is expected to take between a year and 18 months to get up and running with licenses issued and sales underway by then. Existing medical marijuana dispensaries will be able to get combination licenses to compete in the adult use market as of March 1, 2025.

Cities and counties cannot ban legal marijuana businesses, but they can impose "reasonable" regulations. They can also chose to operate their own dispensaries, like a state liquor store.

Retail marijuana sales will be taxed at 16.875 percent, which adds a 10 percent pot tax to the state's 6.875 percent sales tax. Four-fifths of marijuana tax and fee revenue will go to the state's general fund, with some funds earmarked for grants to marijuana businesses and drug treatment efforts. The other 20 percent will go to local governments.

The law will also allow onsite consumption for special events, as well as marijuana delivery services.

The new law will attempt to address equity concerns by scoring applicants higher if they live in low-income neighborhoods, have marijuana convictions or family members with them, or are military veterans with less than an honorable discharge because of a marijuana-related offense.

The National Organization for the Reform of Marijuana Laws (NORML) is liking what it is seeing in the Land of 10,000 Lakes.

"The majority of Minnesota voters support repealing marijuana prohibition and replacing this failed policy with legalization and regulation," NORML's Deputy Director Paul Armentano said. "Passage of this legislation is the result of years of grassroots activism by consumers and stakeholders, including Minnesota NORML. In fact, the impetus for the formation of Minnesota NORML was based upon a police raid and resulting marijuana arrest. These sorts of destructive actions are now poised to come to an end in Minnesota."

And perhaps that can be a lesson to the state's prohibitionist neighbors in the Dakotas, Iowa, and Wisconsin.

NH Residents Ready for Legal Weed, NY Safe Injection Site Bill Advances, More... (5/24/23)

San Francisco's mayor is ready to roll out a pilot program to arrest public drug users, yet another federal bill aimed at the fentanyl trade gets filed, and more.

Drug activity in San Francisco's Tenderloin. (AdamChandler86 via Flickr)
Marijuana Policy

New Hampshire Poll Has Strong Support for Marijuana Legalization. After Gov. Chris Sununu (R) last week signaled he was now open to marijuana legalization and as the legislature for the last time this session attempts to pass a marijuana legalization bill, a new Granite State poll shows strong popular support for doing just that. The poll had 72 percent supporting legalization -- 52 percent strongly and 20 percent somewhat -- and only 21 percent opposed -- 13 percent strongly and eight percent somewhat. Seven percent were neutral.

Opiates and Opioids

Federal Fentanyl Bill Would Get US Military Involved. The ongoing fentanyl crisis has generated yet another bill in Congress, this one led by Sens. oni Ernst (R-IA) and Tim Kaine (D-VA) in the Senate and Reps. Stephanie Bice (R-OK) and Salud Carbajal (D-CA) in the House of Representatives. The Disrupt Fentanyl Trafficking Act of 2023 would:

  • Declare fentanyl trafficking a national security threat stemming from drug cartels in Mexico,
  • Direct the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with Mexican defense officials,
  • Require the Secretary of Defense to increase security cooperation with the Mexican military, and
  • Address coordination efforts between the military and federal law enforcement agencies.

Drug Policy

San Francisco to Set Up Pilot Program to Arrest Public Drug Users. On Tuesday, the city's Department of Emergency Management confirmed that a pilot program that would allow police to arrest people using drugs in public and "address situations when someone is so far under the influence of drugs that they may pose a danger to themselves or others" will be part of Mayor London Breed's budget proposal due June 1.

The move came just hours before Breed was forced to cut short a UN Plaza news conference on the topic as she faced protestors and heckling, including one protestor who threw a brick, injuring a teenager.

Breed's approach to the rising clamor over public drug use and disorder is drawing critics not only in the street but on the Board of Supervisors. Supervisor Dean Preston called the pilot program "reactionary, cruel and counterproductive."

Harm Reduction

New York Safe Injection Site Bill Wins Committee Vote. The Senate Health Committee on Tuesday approved a bill to authorize the establishment of state-approved safe injection sites, S. 00399. Companion legislation is also moving in the Assembly. The bill would require the Department of Health to authorize at least one safe injection site with medical personnel on hand that also must provide syringe exchange services, educate clients on safe consumption practices, provide naloxone to reverse opioid overdoses and collect aggregate data on participants and their experiences. Staff and participants would be given immunity from prosecution for the sanctioned activities.

"Harm reduction works. Harm reduction is a modality -- a way to approach dealing with an issue which assumes, first, that a person who uses drugs is a person, and that they have to be met where they are," bill sponsor Sen. Gustavo Rivera (D) said at the hearing. "Fact number two, criminalization has not worked. Over decades of the drug war, it is pretty clear that we have lost said war," he said. "The notion that we could arrest our way out of addiction -- that we could arrest our way out of overdoses and deaths -- has been proven to be a lie based on all of these years of experience. Criminalization does not work."

Two city-sanctioned safe injection sites in New York City have been operating since the end of 2021.

More Than 150 Groups Urge "No" Vote on HALT Act, NH Legal Pot Effort Revives, More... (5/23/23)

An Oregon bill to mandate fentanyl education in the public schools goes to the governor, a House committee rejects a Republican's marijuana legalization amendment, and more.

Enough fentanyl to kill you. (DEA)
Marijuana Policy

House Rules Committee Rejects Marijuana Legalization Amendment. During a hearing on HR467, the Halt All Lethal Trafficking of Fentanyl (HALT) Act, the House Rules Committee rejected an amendment to legalize marijuana. The amendment came from Rep. Matt Gaetz (R-FL) and would have legalized marijuana by removing from the list of controlled substances in the Controlled Substances Act. (For a related story on the HALT Act, see below.)

New Hampshire Marijuana Legalization Struggle Revives after Governor's Comments. Earlier this month, the Senate once again killed a bipartisan marijuana legalization bill passed by the House, seemingly settling the issue for this legislative session. But the following day, Gov. Chris Sununu (R), who has long opposed legalization, said he could support it "with the right policy and framework in place," and now, legislators have responded by filing a bill they hope meets his desires.

The measure comes in the form of an amendment from Rep. John Hunt (R) and would legalize the possession of up to four ounces of marijuana or 20 grams of concentrated cannabis products. The state Liquor Commission would be charged with regulating and selling marijuana, but it would also allow existing medical marijuana dispensaries to remain open and eventually transition to adult recreational sales. The amendment would give localities the power to ban marijuana businesses.

The measure is expected to pass the House, which has already approved several legalization bills this year, but the Senate remains a challenge. With the governor's new openness to legalization and the presence of several newly seated Republicans senators who supported a similar proposal when they were in the House, perhaps this time the result will be different.

Opiates and Opioids

More than 150 Groups Urge Congress to Vote No on HALT Fentanyl Act. In a letter to the House leadership and key committee chairs as the House Rules Committee held a hearing on HR467, the Halt All Lethal Trafficking of Fentanyl (HALT) Act Tuesday, more than 150 national, state, and local public health, criminal justice reform, and civil rights organizations urged the defeat of the bill.

"This bill permanently schedules fentanyl-related substances (FRS) on Schedule I of the Controlled Substances Act (CSA) based on a flawed class definition, imposes mandatory minimums, and fails to provide an offramp for removing inert or harmless substances from the drug schedule," the signatories wrote.

They called the class wide scheduling approach "a radical departure from drug scheduling practices" because it relies on chemical structure alone without accounting for pharmacological effect and noted that at least one FRS may be an opioid antagonist like naloxone. They also noted that passing the bill would "place undue restrictions on research for therapeutic potential of FRS" and resorts to mandatory minimum sentences, which they called "an inappropriate mandate that criminalizes possibly inert or harmless substances."

Oregon Bill Requiring Fentanyl Education in Schools Goes to Governor. A bill requiring school districts to provide education on fentanyl, Senate Bill 238 A, passed the Senate last month and the House last week and is now awaiting the signature of Gov. Tina Kotek (D). The bill requires the State Board of Education and the Alcohol and Drug Policy Commission to develop curricula for schools to implement in the 2024-2025 school year. That curriculum will educate students on the dangers of synthetic opioids, as well as counterfeit and fake drug, as well as on laws that provide immunity or other protections for people who report drug or alcohol use or who seek treatment for someone suffering a drug overdose.

MN Set to Become 23rd Legal Marijuana State, Iran Hangs Three More Drug Offenders, More... (5/22/23)

A bill protecting medical marijuana patients advances in Louisiana, a bill broadening expungement and freeing some pot prisoners advances in Connecticut, and more.

Marijuana Policy

Connecticut House Approves Bill to Broaden Expungement, Release Prisoners on Some Marijuana-Related Charges. The House last Thursday voted to approve House Bill 5457, which would require court to reduce sentences or dismiss charges for a number of marijuana-related offenses and release from jail or prison people who are currently incarcerated on those charges. The legislation would make expungement or sentence reductions automatic for offenses such as possession of marijuana drug paraphernalia, distribution of up to four ounces of marijuana, possession of up to four ounces of marijuana, and cultivation of up to six plants.

Minnesota Senate Approves Marijuana Legalization Bill, State to Become 23rd to Free the Weed. Minnesota is set to become the 23rd legal marijuana state after the Senate on Saturday approved Senate File 73just two days after the House passed it. The bill was the result of a final conference committee negotiations after the two chambers earlier approved slightly differing versions of the legislation. Gov. Tim Walz (DFL), a proponent of legalization, has vowed to sign it into law. Beginning this summer, Minnesotans will be able to grow up to eight plants at home, though only four can be flowering. Once legal marijuana commerce is up and running, people will be able to buy up to two ounces of buds, eight grams of concentrates, and 800 milligrams of edibles at one time and possess those amounts in public. The retail tax rate for marijuana will be 10 percent, and home growers can legally possess up to two pounds of marijuana from their harvests.

Medical Marijuana

Louisiana Bill Protecting Patients Seeking Unemployment Benefits Wins Committee Vote. The House Committee on Labor and Industrial Relations last Thursday narrowly approved House Bill 351, which would ensure that people with medical marijuana recommendations are not disqualified from receiving unemployment benefits. The bill's digest says it "provides that a qualifying medical marijuana patient who receives a recommendation from an authorized clinician to use marijuana for a therapeutic use shall not be disqualified for unemployment compensation benefits." The bill now heads for a House floor vote.

International

Iran Hangs Three on Drug Charges. Three men -- Shahab Mansournasab, Samad Geravand and Saeed Geravand -- were executed by hanging after they were caught with more than 39 kilograms of heroin and precursors. They were charged with "corruption on earth" after admitting they planned to sell the drugs in Tehran. Under Iranian law, anyone convicted of possessing more than 30 grams of heroin is eligible for a death sentence.

Iran used to execute hundreds of people annually, but in 2017 adjusted its laws and the number of drug executions dwindled. This year, however, the Islamic Republic has increasingly resorted to the death penalty as it faces a months-long civil uprising that began with the death of a woman at the hands of religious police for improperly wearing a hijab. It is unclear how many of this year's executions are for drug offenses, but Iran hung a man it described as the "sultan of cocaine" earlier this month. Last week, it hung a man for running a human trafficking network and prostitution ring and three men convicted of killing a police officer and two members of the paramilitary Basij during the unrest.

Ireland Drug Checking to Expand at Festivals After Successful Rollout of Pilot Program Last Year. After a pilot program to check drugs at the Electric Picnic festival last September successfully detected high-potency MDMA and new psychoactive substances, the Health Services Executive (HSE) has announced that drug checking will be expanded to more festivals this year. It is part of broader harm reduction effort by the HSE. Under the program, festival-goers can submit samples to be tested without fear of arrest and are then informed of the substances' content. HSE-trained volunteers will also be available to talk about drug treatment services, drug trends, and harm reduction practices with festival-goers.

Switzerland To Expand Marijuana Trials to More Cities. The Federal Office of Public Health (FOPH) has given the green light to expansion of ongoing trials on legal marijuana sales to include the cities of Bern, Biel/Bienne, Lucerne, and Geneva. Such programs have already been underway since last year in Basel and this March in Zurich. The trials are supposed to produce data that will inform the government's policy on marijuana. They aim to investigate the health and social effects of tightly regulated, non-profit marijuana sales in pharmacies and will involve a thousand participants -- only half of whom will be allowed to buy the regulated marijuana in pharmacies.

The FOPH has also approved a pilot program in Vernier, where a single authorized dispensary called the "Cannabinotheque" will sell marijuana under a membership model. It will last for three years and also includes a thousand participants. Currently, recreational marijuana remains illegal in the country, although it legalized medical marijuana last year.

MN House Votes to Legalize Marijuana, Act to Restore SNAP Benefits to Drug Felons Re-Filed, More... (5/19/23)

Minnesota is one Senate vote away from legalizing marijuana, the RESTORE Act gets reintroduced, and more.

Marijuana Policy

Minnesota House Gives Final Approval to Marijuana Legalization Bill. The House on Friday voted to approve a marijuana legalization bill that is a conference committee compromise of House and Senate versions of the legislation. The Senate could vote on the bill as soon as later today. Democratic Gov. Tim Walz will sign it into law once it reaches his desk. The final agreement sets possession limits at two ounces for flowers and allows for the home cultivation of up to eight plants, four or which can be mature. The measures also include the automatic review and expungement of certain marijuana-related offenses and sets up a system of taxed and regulated marijuana commerce. Retail sales will be taxed at 10 percent and on-site consumption will be allowed at permitted events. The two marijuana bills are Senate File 73 and House File 100.

Drug Policy

RESTORE Act Introduced in Congress to Lift SNAP Felony Drug Ban. The RESTORE Act -- legislation that would immediately repeal the lifetime federal ban on individuals with felony drug convictions from receiving Supplemental Nutrition Assistance Program (SNAP) -- was introduced Thursday in the Senate by Sen. Cory Booker (D-NJ) and Sen. Raphael Warnock (D-GA), and in the House by Rep. Steve Cohen (D-TN) with Rep. John Rutherford (R-FL) as a cosponsor. Initial Senate cosponsors include Sen. Alex Padilla (D-CA), Sen. John Fetterman (D-PA), Sen. Bernie Sanders (I-VT), Sen. Elizabeth Warren (D-MA) and Sen. Tina Smith (D-MN).

In 1996, Congress imposed the lifetime SNAP ban as a part of the welfare legislation signed by President Clinton. Although states can opt-out of enforcing this ban, state policymakers must affirmatively do so, and 22 states continue to limit SNAP eligibility for people with felony drug convictions. The RESTORE (Re-Entry Support Through Opportunities for Resources and Essentials) Act fully repeals this federal ban and eliminates the ability of states to continue to deny SNAP eligibility due to a felony drug conviction. The legislation also codifies a USDA administrative waiver to SNAP state agencies that allows individuals to apply for SNAP 30 days prior to their release from incarceration.

Over 150 organizations have endorsed the RESTORE Act, including the National Association of Criminal Defense Lawyers, The Leadership Conference on Civil and Human Rights, the Alliance To End Hunger, and the American Public Health Association.

Harm Reduction

Minnesota Governor Signs Bill Legalizing Drug Paraphernalia, Residue, Testing, and Syringe Services. Gov Tim Walz (DFL) has signed into law an omnibus criminal justice and public safety bill that includes provisions legalizing the possession of drug paraphernalia, clarifying that small amounts of drug residue are no longer a basis for a drug possession charge, authorizing "syringe service centers" that can do needle exchanges, give referrals to treatment to mental health and social services, test for blood-borne pathogens, and removing statute language that currently prohibits possession of products use for "testing the strength, effectiveness, or purity of a controlled substance."

MN Legal Pot Bill Ready for Final Votes, Singapore Hangs Another Man for Marijuana, More... (5/18/23)

A major civil and human rights group comes out against one federal fentanyl bill, bipartisan senators and representatives file another one, and more.

Fentanyl. The deadly drug continues to generate bills in Congress. (Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Ready for Final Votes This Week. House and Senate conference committee negotiators have resolved the remaining differences between the House and Senate marijuana legalization bills and ready to send the final bill to floor votes in both chambers this week. The final sticking points were on the marijuana tax rate and appropriating revenue. Negotiators agreed to the 10 percent retail sales tax in the Senate bill (the House had voted for 8 percent to be adjusted every two years) and agreed that 80 percent of marijuana revenues will go to the state and 20 percent to local governments to cover expenses related to implementing legalization.

Medical Marijuana

Nebraska Activists File Papers for 2024 Medical Marijuana Initiative. The group Nebraskans for Medical Marijuana has filed papers to mount petition drives to put a pair of medical marijuana initiatives on the 2024 ballot. One would set up the doctor/patient system, while the other would regulate the industry. Activists have been trying for eight years to get the legislature to pass a medical marijuana bill, to no avail. Last year, a signature-gathering effort for a medical marijuana initiative came up short because financial problems blocked the group from hiring professional petitioners.

"We have no choice but to keep petitioning our government," said group spokeswoman Crist Eggers. "The legislature refuses to act despite the will of over 80% of Nebraskans, from all parties, regions, ages, etc., supporting this."

Asset Forfeiture

New York Senate Committee Passes Bill to End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. The Senate Codes Committee on Monday approved a bill that would end civil asset forfeiture, Senate Bill 2192. Under the bill filed by Sen. Jamaal Bailey (D) forfeiture could only occur if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also address "policing for profit" by requiring that forfeiture proceeds go to the state general fund. Currently, the seizing agency gets to keep up to 60 percent of the proceeds. And the bill would opt the state out of the federal "equitable sharing" program that allows law enforcement agencies to skirt state asset forfeiture laws by handing cases off to the feds, who then return most of the money to the seizing agency. The bill now heads to the Senate Finance Committee.

Drug Policy

Bipartisan Bill Aims to Counter National Security Threat of Illicit Drug Trafficking. US Reps. Salud Carbajal (D-CA) and Stephanie Bice (R-OK) and Sens. Joni Ernst (R-IA) and Tim Kaine (D-VA) are leading a bipartisan effort directing increased federal attention to fentanyl trafficking by utilizing the tools of the Department of Defense (DoD) and involving Mexico as an active partner to combat this crisis and disrupt drug cartel and trafficking activity.

The Disrupt Fentanyl Trafficking Act of 2023 would attempt to address cross-border drug trafficking by:

  • Declaring fentanyl trafficking a national security threat stemming from drug cartels and smugglers,
  • Directing the Pentagon to develop a fentanyl-specific counter-drug strategy, including enhanced cooperation with foreign nations,
  • Requiring the Secretary of Defense to increase security cooperation with the Mexican military, and
  • Addressing coordination efforts between the military and federal law .enforcement agencies.

Leadership Conference on Civil and Human Rights Opposes HALT Fentanyl Act. The Leadership Conference on Civil and Human Rights on Wednesday sent a letter to the House leadership to express its "strong opposition" to H.R. 467, the HALT Fentanyl Act.

"This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a flawed class definition," the letter says. "Additionally, it imposes mandatory minimums and fails to provide an offramp for removing inert or harmless substances from the drug schedule. The class wide scheduling that this bill would impose would exacerbate pretrial detention, mass incarceration, and racial disparities in the prison system, doubling down on a fear-based, enforcement-first response to a public health challenge. Under the class wide control, any offense involving a "fentanyl-related substance" is subject to federal criminal prosecution, even if the substance in question is helpful or has no potential for abuse."

The Leadership Conference represents more than 230 national organizations.

International

Singapore Executes Marijuana Offender for Second Time in Three Weeks. For the second time in three weeks, Singapore has hung a man for trafficking marijuana. The unnamed 37-year-old Malay Singaporean was executed at dawn Wednesday at Changi Prison for trafficking about 3.3 pounds of pot. On April 26, Singapore executed Tangaraju Suppiah, 46, for trafficking 2.2 pounds of pot despite an international outcry. Under Singapore law, trafficking more than 1.1 pounds of pot can garner a death sentence. The city-state halted all executions during the coronavirus pandemic, but hanged 11 people last year -- all for drug offenses.

"If we don't come together to stop it, we fear that this killing spree will continue in the weeks and months to come," said Kokila Annamalai of the Transformative Justice Collective, which campaigns for the abolition of the death penalty in Singapore.

Washington State Makes Drug Possession a Gross Misdemeanor [FEATURE]

Washington state is bordered on the north by British Columbia, which has decriminalized drug possession (at least for the next five years) under a federal waiver in January, and on the south by Oregon, which decriminalized drug possession by popular vote in 2020. But Washington state lawmakers this week made it clear that they would not be following their neighbors down the decriminalization path.

Gov. Jay Inslee (D) signs the "Blake fix" drug sentencing bill. (wa.gov)
There has been an opening for drug decriminalization in the Washington ever since the state Supreme Court threw out the state's felony drug possession statute in 2021 in Washington v. Blake because it did not require the defendant to knowingly possess forbidden drugs. Rather than have no drug possession statute at all, the legislature that year produced a bill to make it a misdemeanor. That bill was set to expire on July 1.

This year, as the clocked ticked down, lawmakers debated a variety of possibilities from decriminalization to re-felonization, and at the session, a conference committee produced a version of the drug possession law, Senate Bill 5536, that called for making possession a gross misdemeanor (punishable by up to 364 days in jail, as opposed to 90 for a misdemeanor) and skimped on funding for treatment. No Republicans voted for the final version of the bill, saying it was soft on crime.

Democrats and progressives were angered by the imposition of the gross misdemeanor penalties and the levels of treatment funding. Enough disaffected Democrats voted no to kill it.

"The notion that this bill is soft on crime is ridiculous. The House caved to pressure to escalate the penalty back up from a misdemeanor to a gross misdemeanor, with diversions allowed only with the consent of the prosecutor," said Allison Holcomb, director of political strategies for the ACLU of Washington. "A gross misdemeanor carrying a penalty of up to 364 days and a $5,000 fine is harsher than the felony penalty that applied before the Blake decision. The standard range for a felony [drug possession] offense was 0-60 days for the first three offenses, lower even than a misdemeanor -- 90 days."

The session ended last month without a new drug law and that left open the possibility that the state would soon have no drug possession law at all. Gov. Jay Inslee (D) then called a special session to meet this week with the drug possession law as its sole agenda item.

On Tuesday, the legislature passed a revised version of SB 5536, and Gov. Inslee signed it into law that night.

The bill signed into law maintains drug possession as a gross misdemeanor, but limits jail terms to 180 days -- not the 364-day term typical for that level offense. And it creates a new offense of public drug use with the same penalties. For both offenses, the maximum fine was lowered to $1,000.

It also includes $44 million to expand treatment and recovery efforts, more than double the $20 million allocated in the original bill.

But to appeal to conservatives, it also allows localities to continue to prohibit harm reduction services, including needle exchanges and safe injection sites, and it continues to give courts and prosecutors some discretion in a new pretrial diversion program, including jailing defendants who repeatedly reject drug treatment.

"This bill is not designed to fill our jails, it's designed to fill our treatment centers," said Inslee as he signed the bill. "And the investments we're making will create treatment resources in small townships and big cities. This is a statewide solution to a statewide problem."

Some progressives who voted for the bill still had concerns. State Sen. Yasmin Trudeau (D-Tacoma) said the state was still relying on the criminal justice system to bully people into treatment that too often isn't there.

"We don't have the infrastructure to offer services to everyone who will need it, and that gives me great pause," Trudeau said.

But veteran drug reformer state Rep. Roger Goodman (D-Kirkland) called it "a fair compromise that addresses urgent concerns about public disorder but follows evidence-based practices in helping people in need."

This Week's Corrupt Cops Stories

A jealous North Carolina deputy cooks up a plot to frame his ex-girlfriend's new beau, and more. Let's get to it:

In Covington, Louisiana, a St. Tammany Parish jail guard was arrested Monday after she was accused of bringing drugs into the parish jail. Now former guard Olivia Boswell went down after someone told the sheriff about drugs in the jail and he determined she was the person responsible. She is charged with malfeasance and introduction of contraband into a penal institution. She had worked at the jail for less than a year.

In Wadesboro, North Carolina, a former Anson County sheriff's deputy pleaded guilty last Friday to planting heroin and other drugs in his ex-girlfriend's new boyfriend's car. Former deputy David Burroughs led a plot involving three other deputies, one of whom pulled over the boyfriend, claiming he had been speeding and that he smelled marijuana inside the vehicle. The boyfriend was then handcuffed and put in a patrol vehicle, which made a mysterious stop outside a nondescript building near an airstrip on the way to the sheriff's office. The boyfriend was told by deputies that a narcotics investigator had to pick something up, and what that something was was the drugs used to frame him. At the sheriff's office, the boyfriend was told he was about to be charged with drug dealing offenses, but that same night, other deputies released him and gave him back his vehicle. A month later, the State Bureau of Investigation told him that Burroughs had planted the drugs in his car.

Burroughs was arrested in 2019 and charged with making a false police report, obstructing justice, breaking and entering a motor vehicle and possession of heroin, marijuana, and methamphetamine. He pleaded guilty to only obstruction of justice and possession of heroin and was sentenced to two years' probation. But he and the other three deputies involved now face a civil suit.

Fatal Drug Overdoses Rose Only Slightly Last Year, White House Prods Naloxone Makers, More... (5/17/23)

Pot isn't the only thing you can buy in some Los Angeles-area pot shops, overdose deaths appear to have plateaued last year, and more.

Magic mushrooms are being sold openly in some Los Angeles-area pot shops even though they're still illegal. (Creative Commons)
Psychedelics

Los Angeles Pot Shops Are Openly Selling Magic Mushrooms. Some Los Angeles-area marijuana retailers are openly selling psilocybin mushrooms even though they remain prohibited under state and federal law. (A measure that would decriminalize them, Senate Bill 58, is currently before the legislature.) The sellers are responding to high demand for the popular psychedelics.

In one Los Angeles County shop visited by the Los Angeles Times, customers must hand over their drivers' licenses to a receptionist and put away their cell phones before being buzzed into a secured room to check out the psychoactive wares. A large glass jar is "filled to the brim with stubby mushrooms, which have brown caps and psilocybin's characteristic bluish tint," while other jars filled with "mushroom-infused" liquids are also on offer. As are chocolate bars with magic mushrooms and magic mushroom gummies.

The flouting of the drug laws is not without risk. The LA County Sheriff's Department says it has served search warrants at about 50 pot shops selling magic mushrooms in the last six months alone In April 2022, the department reported making 227 arrests at "illegal marijuana dispensaries" and seizing thousands of pounds of marijuana, as well as "29 pounds of mushrooms."

"They won't typically openly sell them," said Lt. Jay Moss of the Sheriff's Department's narcotics bureau. "They'll usually have a small amount -- two to 10 pounds, I'd say -- of mushrooms, and you have to ask for it because they don't have it on display. They might be somewhere out of view, like in the back. We investigate and serve search warrants at these illegal dispensaries in attempts to shut them down," he said. "The analogy is kind of like whack-a-mole: you shut them down and they reopen in another location."

Harm Reduction

White House Seeks to Prod Naloxone Makers. The Biden administration is seeking to prod manufacturers of the opioid overdose reversal drug naloxone to increase access to the drug and lower its cost. Dr. Rahul Gupta, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) "plans to have conversations with manufacturers to share his key principle moving forward: the easier it is for people to access naloxone, the more lives we can save," an ONDCP spokesperson said. The planned meeting is part of Biden administration efforts "to ensure naloxone is both accessible and affordable to everyone who may need it," the spokesperson added.

American health regulators approved an over-the-counter version of Narcan earlier this year. The Food and Drug Administration approved the first generic version of the drug in 2021.

Public Health

Fatal Drug Overdoses Hit Record High Last Year but Appear to Be Plateauing. Drug overdose deaths increased slightly last year after jumping mightily during the coronavirus pandemic, according to new data from the Centers for Disease Control and Prevention (CDC) suggesting that the increase in overdoses is leveling off. The CDC estimates the overdose death toll last year at 109,680, up two percent over the 107,622 deaths in 2021. But the increase is far lower than the 30 percent increase in 2020 and the 15 percent increase in 2021.

"The fact that it does seem to be flattening out, at least at a national level, is encouraging," said Katherine Keyes, a Columbia University epidemiology professor whose research focuses on drug use. "But these numbers are still extraordinarily high. We shouldn't suggest the crisis is in any way over."

MN Final Legal Pot Votes Coming Soon, WA Lawmakers Compromise on Drug Possession Law, More... (5/16/23)

A Florida marijuana legalization initiative will get a state Supreme Court review, Washington's governor signs into law a bill protecting pot-smoking employees, and more.

Cops will still be able to arrest people for drug possession under a Washington state compromise. (Creative Commons)
Marijuana Policy

Florida Marijuana Legalization Initiative Gets State Supreme Court Review. State Attorney General Ashley Moody (R) on Monday formally submitted the marijuana legalization initiative from Smart and Safe Florida for vetting by the state Supreme Court. Proposed initiatives need more than 222,000 valid voter signatures to qualify for review by the court, and the Smart and Safe Florida initiative has already wildly exceeded that number. The high court will determine issues such as whether the proposed ballot language is clear and whether it is limited to a single subject. When Moody filed the initiative for review Monday, she signaled that she would oppose it, writing that "the proposed amendment fails to meet the requirements" of part of state law. Opponents successfully used Supreme Court review to block two legalization initiatives in 2021.

Minnesota Lawmakers Finalize Adult-Use Legalization Language, Prepare to Send It to Governor's Desk. With the legislative session set to end this week, lawmakers have resolved differences between the legalization bills passed by the two chambers, Senate File 73 and  House File 100, and each chamber is now preparing for final floor votes, which could happen as early as Wednesday. Democratic Gov. Tim Walz will sign it into law once it reaches his desk. The final agreement sets possession limits at two ounces for flowers and allows for the home cultivation of up to eight plants, four or which can be mature. The measures also include the automatic review and expungement of certain marijuana-related offenses and sets up a system of taxed and regulated marijuana commerce. Retail sales will be taxed at 10 percent and onsite consumption will be allowed at permitted events.

Washington Governor Signs Bill Protecting Employees from Drug Testing for Marijuana. Gov. Jay Inslee (D) has signed into lawSenate Bill 5132 to lay out broad protections for employees who consume marijuana while imposing limitations on employment drug testing for marijuana. There are exemptions for exemptions for jobs that involve federal security clearances or background investigations, in law enforcement, the fire department, first responders, corrections officers, the airline or aerospace industries, or in safety-sensitive positions.

The law says: "It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person's use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids."

Drug Policy

Washington State Lawmakers Reach Deal to Keep Drug Possession a Crime. Faced with a July 1 deadline to replace the state's felony drug possession law, which was invalidated by the state Supreme Court in 2021, bipartisan legislative leaders announced Monday that they had reached a deal under which simple drug possession would be a gross misdemeanor punishable by up to six months in jail for the first two offenses and up to a year after that. Police and prosecutors, though, would be encouraged to divert cases for treatment and other social services, and the compromise includes millions of additional dollars to pay for that. Prosecutors would have the ability to ask courts to end pre-trial diversion if defendants fail to make substantial progress. The legislature is set to vote on the proposal today. Lawmakers earlier rejected efforts both to reinstate the felony drug possession charge and to decriminalize drug possession.

Rep. Roger Goodman (D-Kirkland) called it "a fair compromise that addresses urgent concerns about public disorder but follows evidence-based practices in helping people in need."

Amsterdam Bans Outdoor Pot Smoking in Red Light District, AK Drug Sentencing Bill Advances, More... (5/15/23)

The House passes a bill to fund research into the veterinary-drug-turned-fentanyl-supplement Xylazine, a former Filipina president introduces a medical marijuana bill, and more.

You're going to have to go inside if you want to smoke pot in Amsterdam's Red Light District. (Creative Commons)
Drug Policy

House Passes Bill to Fund Research into Xylazine. The veterinary drug Xylazine, also known as Tranq, has entered illicit drug markets, leaving behind a toll of disease, amputations, and overdoses. Now, the House has responded by passing H.R. 1374, the Tranq Research Act. The bill would fund research into the drug at the National Institute of Science and Technology. Companion legislation in the Senate, S.1280, is currently before the Senate Commerce, Science and Transportation Committee. Meanwhile, another effort to address Xylazine by making it a Schedule III controlled substance, S.993, is before the Senate Judiciary Committee.

Alaska House Approves Bill to Increase Drug Distribution Sentences. The House last Thursday approved House Bill 66, which would increase penalties for people who distribute fentanyl, other opioids, and methamphetamine. The bill would allow for second degree murder charges for people who distribute those drugs if someone suffers a fatal overdose on them. Previously, people only faced a manslaughter charge. A second degree murder conviction has a maximum 99-year prison sentence. The bill also increases penalties for people who distribute a broad class of drugs, including Adderall and psychedelic mushroom, to people under 19 and incapacitated people. The bill is now before the Senate Judiciary Committee and must pass the full Senate this week because the session ends at the end of this week.

International

Amsterdam Bans Outdoor Pot Smoking in Red Light District. The city council has announced that as of mid-May, the city's famous Red Light District, home to legal prostitution and numerous cannabis coffeeshops, is going smoke-free when it comes to marijuana. That means pot smoking will be restricted to the cannabis cafes, but the council also said he could extend the ban to outdoor seating areas of the cannabis cafes if necessary. The move is part of the city's effort to create a more calm and comfortable environment for residents, who have been complaining for years about the high volume of tourists in the city center -- about 18 million annually. The council also mandated that sex workers shut down by 3:00am instead of 6:00am and that bars and restaurants will have to close at 2:00am on weekdays and 4:00am on weekends. Also, liquor outlets in the central city will be barring from selling alcohol from 4:00pm Thursday through Sunday.

Philippines Medical Marijuana Bill Filed. Former president and current Senior Deputy House Speaker Gloria Macapagal-Arroyo and former House speaker Pantaleon Alvarez have joined forces to file House Bill 7187, which would legalize marijuana for medical purposes. The measure is identical to a medical marijuana bill she filed in the previous congress. That bill never got a House floor vote.

"I really believe in medical cannabis. As you know I have my problem here (cervical spine) and when I'm in a country that allows it, I put on a pain patch, but here in the Philippines I cannot do it," Maccapagal-Arroyo said. "I authored that bill because I believe that it can help me and many other people, but there was a lot of objection to the bill from the House and from the Senate. That's why we are just letting the legislative process take its course," she explained.

NH Senate Kills Legal Pot Bill, Philippines Drug War Critic Acquitted on Drug Charge, More... (5/12/23)

New Hampshire's governor changes his tune on marijuana legalization, the Connecticut House approves psilocybin decriminalization, and more.

Marijuana Policy

New Hampshire Senate Again Kills Marijuana Legalization Bill. As in years past, the Senate has once again killed a marijuana legalization bill, House Bill 639, leaving the state the only one in New England to still maintain marijuana prohibition. Republicans, who control the Senate, killed the bill on a near party-line vote, with one Democrat joining with them. They cited an ongoing drug addiction and overdose crisis in the state.

"Recreationalizing marijuana at this critical juncture would send a confusing message, potentially exacerbating the already perilous drug landscape and placing more lives at risk," Republican Senate President Jeb Bradley said in a written statement.

New Hampshire Governor Now Ready to Support Marijuana Legalization. Gov. Chris Sununu (R), a longtime opponent of marijuana legalization, is ready to change his tune -- as long as legalization is on his terms. In a press release Friday, he touted his signing of a decriminalization bill and the expansion of medical marijuana under his administration, but signaled his openness to some form of legalization in the near future.

"In the past, I said now is not the time to legalize marijuana in New Hampshire. Across this country and in the midst of an unprecedented opioid crisis, other states rushed to legalize marijuana with little guardrails. As a result, many are seeing the culture and fabric of their state turn," he said.

"NH is the only state in New England where recreational use is not legal. Knowing that a majority of our residents support legalization, it is reasonable to assume change is inevitable. To ignore this reality would be shortsighted and harmful. That is why, with the right policy and framework in place, I stand ready to sign a legalization bill that puts the State of NH in the drivers seat, focusing on harm reduction  -- not profits. Similar to our Liquor sales, this path helps to keep substances away from kids by ensuring the State of New Hampshire retains control of marketing, sales, and distribution  -- eliminating any need for additional taxes. As such, the bill that was defeated in NH this session was not the right path for our state.

"New Hampshire must avoid marijuana miles  --  the term for densely concentrated marijuana shops within one city or town. Any city or town that wants to ban shops should be free to do so. The state would not impose any taxes, and should control all messaging, avoiding billboards, commercials, and digital ads that bombard kids on a daily basis."

Opiates and Opioids

Senators Hassan and Shaheen Cosponsor Bipartisan Bill to Combat Fentanyl Crisis. Senators Maggie Hassan (D-NH) and Jeanne Shaheen (D-NH) have cosponsored the bipartisan Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act. This bill targets the illicit fentanyl supply chain by strengthening current law and allowing the Treasury Department to increase penalties for synthetic opioid trafficking and money laundering. The FEND Off Fentanyl Act is a sanctions and anti-money laundering bill that will allow US government agencies to more easily go after illicit opioid traffickers. The bill would:

  • Declare that the international trafficking of fentanyl is a national emergency.
  • Require the President to impose sanctions on transnational criminal organizations and drug cartels' key members engaged in international fentanyl trafficking
  • Enable the President to use proceeds of forfeited, sanctioned property of fentanyl traffickers to further law enforcement efforts
  • Enhance the ability to enforce sanctions violations thereby making it more likely that people who defy U.S. law will be caught and prosecuted
  • Require the administration to report to Congress on actions the U.S. government is taking to reduce the international trafficking of fentanyl and related opioids
  • Allow the Treasury Department to utilize special measures to combat fentanyl-related money laundering
  • Require the Treasury Department to prioritize fentanyl-related suspicious transactions and include descriptions of drug cartels' financing actions in Suspicious Activity Reports

Psychedelics

Connecticut House Approves Psilocybin Decriminalization Bill. The House on Wednesday voted to approve House Bill 6734, which would decriminalize the possession of psilocybin mushrooms. The bill decriminalizes the possession of up to half an ounce of 'shrooms, with the only penalty being a $150 fine on a first offense and fines of up to $500 for subsequent offenses. Currently, possession of psilocybin is a misdemeanor punishable by up to a year in jail. The bill now goes to the Senate.

International

Philippine Court Acquits Duterte Critic Leila de Lima of Drug Charges. Former Senator Leila de Lima, who has been held prisoner for six years after criticizing former President Rodrigo Duterte's bloody drug, was acquitted Friday of a drugs charge that was laid after Duterte accused her of taking bribes from drug gangs in prisons in the wake of her Senate investigation of his drug crackdown that left thousands dead. This is the second charge on which she has been acquitted; a third remains, but critics of the campaign against her have called for the remaining charge to be dropped.

"I had no doubt from the very beginning that I will be acquitted in all the cases the Duterte regime has fabricated against me based on the merits and strength of my innocence," she said in a statement. "I'm still asking for even more prayers for another case," she added as she returned to prison pending resolution of that charge.

SAFE Banking Act Gets Senate Hearing, Iran Hangs Three Cocaine Traffickers, More... (5/11/23)

Kansas becomes the latest state to legalize fentanyl test strips, the Arizona Senate folds psilocybin research funds into a budget bill, and more.

They were talking marijuana and banking on the Hill Thursday. (Creative Commons)
Marijuana Policy

SAFE Banking Act Gets Senate Committee Hearing. The Senate Banking Committee held a hearing Thursday to discuss marijuana banking issues with a focus on the Secure and Fair Enforcement (SAFE) Banking Act (S.1323). No votes were taken at the hearing, which was announced as "Examining Cannabis Banking Challenges of Small Businesses and Workers." Testifying before the committee were bill sponsors Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT), as well as representatives of the Cannabis Regulators of Color Coalition (CRCC), United Food and Commercial Workers International Union (UFCW), Dama Financial and Smart Approaches To Marijuana (SAM).

"The cannabis landscape looks far different than it did a few short years ago," Banking Committee Chairman Sherrod Brown (D-OH) said in opening remarks. "Cannabis has been legalized or decriminalized in almost every state. States and localities have established licensing and social equity programs to ensure that small businesses and communities impacted by the War on Drugs are part of the growing legal cannabis industry."

Harm Reduction

Kansas Governor Signs Fentanyl Test Strip Legalization Bill into Law. Gov. Laura Kelly (D) on Thursday signed into law Senate Bill 174, which legalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Last year, a similar bill passed in the House only to stall in the Senate.

"Overdoses caused by fentanyl have devastated communities across Kansas and the nation," Gov. Kelly said. "By decriminalizing fentanyl test strips, we are providing the resources needed to combat the opioid and fentanyl epidemic so that families and loved ones no longer have to feel the pain of a preventable death."

The bill also increases criminal penalties for those who manufacture or distribute fentanyl.

Psychedelics

Arizona Senate Approves Psilocybin Research Grants as Part of Budget. The Senate on Wednesday approved an appropriations bill that includes $5 million in funding for psilocybin research. A standalone bill introduced earlier this year would have also funded psilocybin research at a higher level, but Gov. Katie Hobbs (D) and top lawmakers agreed to slide the provision into the budget bill. Another budget measure that passed the Senate Wednesday contains detailed requirements for the clinical trials funded by those dollars. The House has already given initial approval to a companion version of the legislation, with a final vote coming soon.

International

Iran Hangs Three Cocaine Traffickers as UN Warns of Rising Number of Executions. Iranian state media reported that three men who were members of the "largest cocaine distribution cartel" were hung for cocaine trafficking on Wednesday. Their names are Hossein Panjak, Abdolhossein Emami Moghadam, and Babak Aghaei. They had been arrested in a 2014 raid in which 2.2 pounds of cocaine, methamphetamine, and opium were seized.

A day earlier, UN human rights chief Volker Turk criticized Iran's "abominable" record of executions this year, saying that it had hanged an average of 10 people a week so far this year. If the current rate of executions continues through the year, it would reach the highest number since 2015 when 972 people were hung. Back then, a large number of executions were for drug offenses, but Iran changed its drug laws in 2018, radically reducing the number of drug executions. It is not clear how many of this year's executions were for drug offenses, but the regime has been executing political opponents amid months of sustained civic unrest.

Chronicle Book Review: Bizarro

Bizarro: The Surreal Saga of America's Secret War on Synthetic Drugs and the Florida Kingpins It Captured by Jordan S. Rubin (2023, University of California Press,, 267 pp,, $27.95 HB)

Burton Ritchie was the owner of the Psychedelic Shack, a head shop in Pensacola, Florida. In addition to t-shirts and incense and posters and bongs, he also sold synthetic cannabinoids -- lab-created chemicals with psychoactive effects, some quite different from those of marijuana -- that went by names such as K2 and spice.

With his partner, Ben Galecki, the enterprising entrepreneur decided to get deeper into the profitable action, creating a company to manufacture the stuff in bulk with synthetic cannabinoids manufactured by Chinese chemical companies. Aware that he was skirting the edge of legality after the original compound JWH-018 was federally scheduled, Ritchie quarantined new shipments of different, unregulated synthetic cannabinoids until they had been tested in labs and verified not to be federally banned substances.

A fan of the Superman comic franchise, Ritchie dubbed his product Bizarro and packaged it with a reverse Superman logo in various flavors. (Ritchie would replace the word "flavors," though, with the word "scents" in order to maintain the fiction that the products were "not intended for human consumption," as noted on the label.)

Ritchie and Galecki made a quick fortune with Bizarro and got out of the business as federal heat on the industry heightened. After their Bizarro factory was raided -- not because of Bizarro but because neighbors thought it was an illegal pot grow -- Ritchie contacted the DEA, provided product samples and invoices to a DEA agent and volunteered to shut the business down immediately on the agent's say so, because, as he said repeatedly, he didn't want to "fight city hall." The agent told them not to worry about it.

But they were still spooked and sold their company. Now, they're sitting in federal prison, doing lengthy sentences for the sale of analogues of banned synthetic cannabinoids. Bizarro tells the story of how they ended up there.

It centers on a bizarre piece of drug war legislation, the Reagan-era Analogues Act, which criminalized the production and distribution of chemical compounds "substantially similar" to already controlled substances. The problem is that "substantially similar" has no defined meaning. It is not a term of science. And that means no one knows if a substance is "substantially similar" enough to a controlled substance to merit prosecution under the statute unless a federal prosecutor tries to make the case -- and a jury buys it.

Even more bizarrely, the DEA conducts analyses of potential analogues and decides whether they are analogues or not -- but does not make that information publicly available, which results in people being prosecuted for substances they didn't even know were illegal.

Journalist and former Manhattan narcotics prosecutor Jordan S. Rubin takes the reader through the legislative history of the Analogues Act, the battles among DEA chemists over whether or not substances were "substantially similar" enough to controlled substances to be banned (and their purveyors prosecuted), and the twists and turns of a number of legal cases, particularly Ritchie and Galecki's, as jurists, prosecutors, and defense attorneys sparred over the meaning and application of the law.

It's a fascinating bit of drug war history, and prosecutions under the Analogues Act are largely history now. That is because federal prosecutors are leery of rolling the dice with juries. They have lost enough cases to know that analogue prosecutions under the act are no sure thing.

But now, Rubin reports, they have something better: class-wide scheduling. In 2018, the DEA used its emergency powers to schedule all fentanyl-related substances on a class-wide basis, meaning that the substance was illegal if it met the broad structural criteria laid out by the DEA. The substance need not behave like fentanyl at all -- it is still illegal. And unlike fentanyl, which is Schedule II, the analogues are classified as Schedule I, even though no one knows if they are better, worse, or the same as fentanyl, or whether they could be helpful.

This raises some of the same issues around civil rights and science that the Analogues Act prosecutions did. And it is an ongoing issue. The DEA's temporary scheduling has been extended repeatedly, and the Biden administration is calling on Congress to make it permanent -- much to the dismay of drug reformers and researchers. Bizarro shines a spotlight on the surrealistic story of the original Analogues Act and provides the reader with some inkling of what the supercharged version being contemplated now could deliver. It is a brisk and thoughtful addition to the literature of drug policy.

This Week's Corrupt Cops Stories

A sticky-fingered Pennsylvania drug task force commander heads to prison, a small-town Alabama cop gets caught planting dope, and more. Let's get to it:

In Centre, Alabama, a Centre police officer was arrested last Wednesday for allegedly planting evidence in drug cases. Now former-Officer Michael Kilgore is charged with criminal conspiracy to commit a controlled substance crime-distribution. No other information was available.

In Westville, Indiana, a guard at the Westville state prison was arrested last Thursday after she was caught bringing marijuana to a male inmate inside a Cheetos bag. Adeja Cunningham, 24, went down after prison authorities found that Cunningham and the prisoner had been communicating on Instagram and "they talked about picking up something and that it would be in the chips," according to court documents. She is charged with fifth degree felony trafficking with an inmate.

In Columbia, South Carolina, a Lee Correctional Institution guard was arrested Monday after she was found trying to bring a metal grill mouthpiece into the prison hidden in her hair. Guard Alkeena Eu-Neiger Hackett got in more trouble when investigators then searched her vehicle and found "a rock-like substance containing fentanyl" with a weight of 129 grams. She is charged with trafficking fentanyl, providing prisoners with contraband and criminal conspiracy.

In Lancaster, Pennsylania, the former head of the Lancaster County Drug Task Force was sentenced last Friday to between eight and 22 months in state prison for stealing funds seized by the task force between 2014 and 2020. John Burkhart will also have to pay back $140,000 in restitution. Burkhart stole seized cash from the task force's safe instead of depositing it in the Lancaster County general fund and went down after investigators noticed discrepancies in the recording of cash seizures. He pleaded guilty in March to charges of theft by deception and theft by failure to make required disposition of funds.

DEA Extends Telehealth for Buprenorphine, Colombia Legal Pot Bill Advances to Senate, More... (5/10/23)

Washington State bans discrimination against potential new hires over off-the-job marijuana use, Senate drug warriors file a bill aimed at counterfeit pills, and more.

Legal marijuana is one step closer in Colombia after it won approval in the Chamber of Representatives. (irin.org)
Marijuana Policy

Washington Becomes Latest State to Ban Pre-Employment Tests for Marijuana. Gov. Jay Inslee (D) has signed into law Senate Bill 5123, which bars employers from using a positive test for marijuana to disqualify potential new hires. As of January 1, 2024, it will be "unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person's use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids." Employers can, however, still punish employees for positive marijuana test results even if the use was off-the-job and there are exemptions for certain safety-sensitive employers.

Drug Policy

DEA Extends Pandemic Telehealth Prescribing Rules, Including for Buprenorphine. The Drug Enforcement Administration (DEA) has extended under November 11 rules created during the pandemic that allow for the prescribing of controlled substances via telehealth. The agency says it will make a final decision on whether to make the changes permanent before the current extension expires. The rule has drawn the interest of drug reformers because it allows for telehealth access to buprenorphine, which is used to treat opioid use disorder.

Senators File Bill to Attack Counterfeit Pill Production. Senate Caucus on International Narcotics Control co-chair Sen. Charles Grassley (R-IA), Sen. Dianne Feinstein (D-CA), and Sen. Maggie Hasan (D-NH) have filed a bill that seeks to halt a surge in counterfeit pills containing methamphetamine, fentanyl, or fentanyl analogues, the Stop Pills that Kill Act.

The bill does not mandate new or increased criminal penalties but requires the DEA to come up with a plan to address the problem within 180 days and requires the agency, the Office of National Drug Control Policy (ONDCP -- the drug czar's office), and the attorney general to file an annual report "on information regarding the collection and prosecutions of counterfeit fentanyl and methamphetamine substances." The bill would, however, "ensure that existing penalties for possessing paraphernalia used to manufacture methamphetamine would also apply to possessing paraphernalia used to make counterfeit pills that contain methamphetamine, fentanyl and fentanyl analogues."

The bill is endorsed by a variety of anti-drug groupings, including the National Narcotic Officers' Associations Coalition, Community Anti-Drug Coalitions of America, Song for Charlie, Victims of Illicit Drugs, Major Cities Chiefs Association and National District Attorneys' Association. But the bill's purpose, if not its precise language, could be consistent with the harm reduction approach as well, in in this case by helping drug users avoid taking pills that they think are one thing but are really another.

International

Colombia Chamber of Representatives Approves Marijuana Legalization; Bill Now Heads to Senate for Final Votes. A marijuana legalization bill has won final approval in the Chamber of Representatives and now heads to the Senate, where it must win a committee vote before heading for a final Senate floor vote. The bill passed the lower chamber by a vote of 98-57. A legalization bill passed both chambers last year but since it is in the form of a constitutional amendment, it has to be passed by both chambers in two separate calendar years.

OH Legalization Init Gathering Signatures, CA Drug War Reparations, More... (5/9/23) Blacks

Marijuana legalization hits a bump in New Hampshire, Jordan kills a Syrian drug trafficker in a cross-border air strike, and more.

Ohio voters could vote on marijuana legalization in November -- if activists come up with signatures first.
Marijuana Policy

New Hampshire Senate Committee Rejects House-Backed Marijuana Legalization Bills, but Floor Votes Still Coming. The Senate Judiciary Committee has voted against two marijuana legalization bills, deeming them "inexpedient to legislate." The committee rejected a full-blown commercial legalization bill sponsored by bipartisan House leaders, House Bill 639, as well as a second bill that would only have led to non-commercial legalization. Despite the committee votes, the bills are still technically alive and could see Senate floor votes as early this week, but given the rejection by the committee, the prospects for passage in the Senate are dim.

Ohio Activists Begin Second Round of Signature Gathering to Put Marijuana Legalization Initiative on November Ballot. The Coalition to Regulate Marijuana like Alcohol has commenced a new round of signature gathering to put its marijuana legalization initiative on the November ballot. The coalition earlier gathered enough valid voter signatures to put the issue before the legislature, which under state law had four months to approve it but failed to do so, clearing the way for organizers to take the issue directly to voters if it comes up with enough signatures in this round. The coalition now has 90 days to come up with 124,046 valid voter signatures to get on the November ballot and it says it is confident it will do so.

Drug Policy

California Task Force Recommends $228 Billion in Drug War Reparations for Black Residents. A task force empaneled by Gov. Gavin Newsom (D) has recommended that the state legislature pass reparations legislation to compensate about two million Black state residents to the tune of $228 billion for racially disproportionate harms caused by a half-century of drug war. The California Task Force to Study and Develop Reparation Proposals for African Americans voted Saturday to submit its recommendations to the governor.

The task force "recommends that compensation for community harms be provided as uniform payments based on an eligible recipient's duration of residence in California during the defined period of harm (e.g., residence in an over-policed community during the 'War on Drugs' from 1971 to 2020)," the report says. The task force also recommended that "the Legislature enact an individual claims process to compensate individuals who can prove particular injuries, for example, an individual who was arrested or incarcerated for a drug charge during the war on drugs, especially if the drug is now considered legal," i.e. marijuana. The reparations figure comes out to $2,352 per Black Californian for each year of residency in the state during the 50-year period.

"African American residents in California who were incarcerated for the possession or distribution of substances now legal, such as cannabis, should additionally be able to seek particular compensation for their period of incarceration, as discussed above," the task force said. The racially biased war on drugs in the state resulted in "massively disproportionate incarceration of African Americans" and also contributed to "unemployment and houselessness in many economically depressed African American communities once incarcerated African Americans were eventually released."

International

Jordan Carries Out Air Strikes on Syrian Drug Factory, Drug Trafficker. A pair of air strikes carried out by the Jordanian Air Force Monday hit an abandoned drug factory in the southern Syrian province of Deraa and the home of a Syrian "drug kingpin" in neighboring Sweida province. The strikes destroyed the drug factory and killed Syrian trafficker Marie al-Ramthan and his family at their home.

Intelligence sources said the drug factory was a meeting place for Hezbollah drug traffickers and that Ramthan had recruited hundreds of Bedouins to transport drugs and enlisted them in the ranks of militias sympathetic to Iran. Ramthan faced several death sentences in Jordan for drug trafficking. Jordan has declined to confirm the strikes, but "two regional intelligence and a Western diplomatic source who tracks the situation in southern Syria" confirmed they had occurred. War-ravaged Syria is a center for the production and distribution of the amphetamine captagon, but the Syrian government denies any involvement in the drug trade, as do Iran and its Lebanese ally Hezbollah.

Drug War Issues

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