Drug War Chronicle #1094 - April 24, 2020

The Coronavirus Pandemic Is Wreaking Havoc With Drug Reform Initiatives [FEATURE]

The novel coronavirus pandemic is not just striking down Americans by the tens of thousands and jobs by the tens of millions, it is also wreaking havoc with marijuana and other drug-related voter initiative campaigns this year. It's damnably hard to gather thousands of voter signatures when there aren't any mass gatherings and the public is locked inside.

Just a little more than two months ago, we wrote about 11 states that could see marijuana legalization or medical marijuana on the ballot this year. Stay-at-home orders across the land have winnowed that number, with some campaigns already giving up the ghost and the others facing unprecedented challenges.

It's not just marijuana initiatives. In California, Oregon, and Washington, DC, psilocybin initiatives are facing the same hurdles. And so is an Oregon initiative that would decriminalize the possession of all drugs. (The Oregon psilocybin initiative is holding a video update this afternoon, featuring Dr. Bronner's Magic Soaps CEO David Bronner.)

First let's look at what's changed and what hasn't regarding those marijuana initiatives. What hasn't changed is that state legalization initiatives have already qualified for the November ballot in two states, a legislatively-initiated constitutional amendment in New Jersey and Constitutional Amendment A in South Dakota. South Dakota also has a medical marijuana initiative, Initiated Measure 26, already qualified for the ballot, as does Mississippi with Ballot Initiative 65.

Back in February, in addition to those initiatives already on the ballot, signature gathering efforts for marijuana legalization were underway in seven more states and for medical marijuana in two others. Now, though, the pandemic has already killed off campaigns in Missouri and North Dakota.

Organizers in the latter clearly laid the blame on the pandemic. "Due to the virus all of our major avenues for signature collection have been cancelled or indefinitely postponed and going door to door is not safe for both those knocking and those getting knocked," the Legalize ND campaign said. "Businesses will continue to collect, but we don't want to create another vector for the coronavirus. As a result, at this time if something major doesn't change we will not be able to make the 2020 ballot."

The pandemic has also wiped out a medical marijuana initiative in Idaho, where the Idaho Cannabis Coalition announced in March that is was suspending signature gathering. Since it only has until May 1, this marks the effective end to the effort this year. And in Nebraska, the medical marijuana initiative campaign has suspended signature gathering for the duration of the outbreak, even though it says it is still confident it can make the ballot. But it only has until July 3 to come up with 130,000 signatures, and it's not clear how close it is.

In Oklahoma, the campaign to put a marijuana legalization initiative, State Question 807 on the ballot is not officially dead, but is likely to fall victim to the pandemic. As part of a 30-day statewide emergency declaration, Secretary of State Mike Rogers ordered a pause to all initiative signature gathering activities. Given that the campaign needs 178,000 signatures in 90 days to qualify, organizers have all but given up the ghost.

It would be "really difficult, if not impossible to imagine a scenario in which an initiative petition campaign could responsibly and feasibly collect the signatures necessary in order to make the 2020 ballot if that campaign doesn't already have the signatures on hand," said campaign spokesman Ryan Kiesel.

It's also looking grim for Arkansas, where Arkansans for Cannabis Reform is trying to gather signatures for a pair of initiatives, the Arkansas Adult Use Cannabis Amendment and the Arkansas Marijuana Expungement Amendment. They only had 15,000 raw signatures by later March and need 89,000 valid voter signatures by July 3 to qualify. The campaign did get a late injection of cash that allowed for paid signature gatherers, but by then it was virus time, and that has effectively put the kibosh on the campaign.

In Montana, the never-say-die New Approach Montana campaign joined two in-state political figures to file a lawsuit charging that prohibiting electronic signature gathering during the coronavirus pandemic is unconstitutional. The group is behind a pair of legalization initiatives: a constitutional initiative (Ballot Issue 11) that would set 21 as the legal age when people can use marijuana and a statutory initiative (Ballot Issue 14) that would set up a system of taxed and regulated marijuana commerce. Not allowing for electronic signature gathering would violate the "constitutional rights of Plaintiffs and the people of Montana to amend the constitution and enact laws by initiative, as well as the rights of Plaintiffs and the people of Montana under the First and Fourteenth Amendments to the United States Constitution," the lawsuit argues.

The one bright spot for marijuana legalization initiatives still trying to make the ballot is Arizona, where the Smart and Safe Arizona Act needs 237,000 valid voter signatures by early July to qualify for the November ballot. The campaign had already collected 270,000 raw signatures before pandemic lock-downs began and has joined with three other initiative campaigns in the state to petition the state Supreme Court to allow electronic signature gathering via E-Qual, the state's online signature platform, during the pandemic. The campaign had set a goal of 400,000 raw signatures, which it is now unlikely to reach, but even with the lockdown, getting enough raw signatures to ensure it has collected enough valid voter signatures to qualify for the ballot seems to be within reach.

In Oregon, where marijuana is already legal, a pair of drug reform initiatives appear poised to weather the storm and actually get on the ballot. A drug treatment and decriminalization initiative, IP 44, needs 112,000 valid voter signatures by May, but already had 125,000 raw signatures before the state shutdown began. The campaign has moved to online signature gathering in a bid to get those raw signature numbers further into the comfort zone. At last report, the campaign said it still needed 8,000 valid voter signatures.

The Oregon Therapeutic Psilocybin Initiative, IR 34, is in a similar place. The campaign to legalize psilocybin mushrooms for therapeutic purposes has moved to online and mail signature gathering. It, too, needs 112,000 valid voter signatures, but has a later deadline in July, and had already gathered 100,000 raw signatures before moving to online signature gathering at the end of March. At that point, its raw signature count was up to 128,000 but it was still seeking to create a cushion by adding at least 15,000 more signers.

A California psilocybin legalization initiative led by Decriminalize California is not in as good a place as its brother to the north. It needs 623,000 valid voter signatures to qualify for the ballot, but only had about a quarter of that in raw signatures by mid-March, when the state moved toward lockdown. It and two other initiative campaigns have asked the governor or the legislature to authorize the electronic collection of signatures, but that hasn't happened yet. It looks like an uphill battle for Golden State 'shroomers this year.

And in Washington, DC,Decriminalize Nature DC, the group behind a psychedelic decriminalization initiative, has been forced to suspend conventional signature gathering because of the COVID-19 pandemic, so now the campaign is looking at other options, including "micro-scale petition signature collection." The campaign would mail petitions to supporters, who could collect signatures from "registered DC voters in their immediate vicinity, such as family, roommates, friends and close-by neighbors" and then return the petitions to campaign headquarters.

What promised to be a banner year for drug reform initiatives as the year began is now unlikely to turn out that way as initiative campaigns, like the nation at large, are buffeted by the coronavirus storm. Still, marijuana legalization will be on the ballot in at least two states -- New Jersey and South Dakota -- and probably in Arizona. Medical marijuana will be on the ballot in at least two states, Mississippi and South Dakota. And with any luck, those Oregon initiatives will be on the ballot, too. Even in a year of retrenchment, there are opportunities to make progress.

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Call to Ease Access for Opioid Disorder Treatment During Crisis, DC Patients Get MedMJ Delivery, More... (4/15/20)

DC medical marijuana patients can now get home delivery and curbside pickup, Montana activists are suing the state to be able to do electronic signature gathering during the pandemic, calls mount to free a jailed Bolivian coca grower union leader, and more.

Marijuana Policy

Montana Legalization Campaign Sues for Electronic Signature Gathering During Pandemic. The campaign manager for New Approach Montana and two in-state political figures have filed a lawsuit against the state charging that prohibiting electronic signature gathering during the coronavirus pandemic is unconstitutional. New Approach Montana is behind a pair of legalization initiatives: a constitutional initiative (Ballot Issue 11) that would set 21 as the legal age when people can use marijuana and a statutory initiative (Ballot Issue 14)  that would set up a system of taxed and regulated marijuana commerce. Not allowing for electronic signature gathering would violate the "constitutional rights of Plaintiffs and the people of Montana to amend the constitution and enact laws by initiative, as well as the rights of Plaintiffs and the people of Montana under the First and Fourteenth Amendments to the United States Constitution," the lawsuit argues.

Medical Marijuana

Washington, DC, Okays Home Delivery, Curbside Pickup. Mayor Muriel Bowser (D) and the city Department of Health announced an emergency rule Monday that allows medical marijuana patients to have their medicine delivered. The new rule also allows for curbside pickup as a social distancing measure.

Harm Reduction

Activists Call for Big Changes to Ease Access to Opioid Use Disorder Treatment. The Urban Survivors Union, a national drug user group, is calling on regulators to relax rules around the prescription and dispensing of medication-assisted treatment (MAT) for opioid use disorder. While government agencies such as the Substance Abuse and Mental Health Services Administration, the Drug Enforcement Agency, Medicare and Medicaid recently announcing policy shifts that permit more flexible prescribing and dispensing of MAT, as the union notes, "clinics have been either reluctant or resistant to fully implement them to the extent allowable under the law." The group, along with a lengthy list of signatories, is advocating for no discharging of people from treatment except for violent behavior, allowing people to request larger doses of MAT, coronavirus testing for people in treatment, among other recommendations.

International

Bolivia Faces Mounting Calls for Release of Afro-Bolivian Coca Union Leader. Activists are calling for the release of Elena Flores, the first woman and first Afro-Bolivian leader of the local coca growers' union. She has been behind bars for a month as part of a crackdown on social movements and indigenous groups by the government the rightist interim government that took power late last year after then-President Evo Morales, also a coca grower union leader, was forced from office by street protests and the loss of support of the military and police. Flores is one of three imprisoned Bolivian women, along with the former head of the Supreme Electoral Board and former President Morales' lawyer, whose release is being demanded by more than 160 organization, academics, trade unions, and activists worldwide.

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MO Pot Legalization Campaign Falls Victim to COVID-19, Border Smugglers Have to Innovate, More... (4/16/20)

The Show Me State won't be able to show us legal weed this year, the DEA says meth and heroin prices are going up, and more. 

Marijuana Policy

Missouri Legalization Campaign Killed by Coronavirus. The marijuana legalization initiative sponsored by Missourians for a New Approach is no more. While activists with the campaign had sought alternative avenues for signature gathering, they have now conceded that is impossible. The campaign needed more than 160,000 valid voter signatures and only has 80,000 raw signatures now.

Law Enforcement

DEA Says Meth, Heroin Prices Going Up. Dante Sorianello, the assistant special agent in charge of the DEA in the San Antonio district, says meth and heroin prices are going up even though there's been no let up in drug trafficking across the border. "We have seen an increase in the price of narcotics domestically. Now does that mean there’s a shortage of the narcotics here, that could be an indicator of that. Could it also be price gouging by some of the traffickers? It could be that, also using the virus as an excuse," said Sorianello.

Reduced Border Traffic Forcing Cartels to Innovate. Mexican drug cartels are sitting on large stockpiles of synthetic drugs, but international travel restrictions have greatly reduced traffic at border ports of entry, allowing Customs and Border Patrol officers more time to search vehicles for drugs, which in turn is leading to large seizures and forcing drug traffickers to innovate, mainly by returning to old smuggling tactics, such as sending drug mules across the desert or having them swim across the Rio Grande River, Customs and Border Patrol says.

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MA Judge Upholds Recreational Pot Shop Ban; Mexican Cartels Hand Out Food, Supplies Amidst Crisis, More... (4/17/20)

Sorry, Massachusetts, no legal pot sales for you for now; Mexican drug cartels and El Chapo's daughter are currying favor by handing out food and supplies amidst the pandemic, and more. 

Massachusetts Judge Upholds State Ban on Recreational Pot Shops. A Suffolk County Superior Court judge ruled Thursday that Gov. Charlie Baker (R) acted within the law when he shut down recreational marijuana businesses as part of a broader stay-at-home order issued to address the coronavirus pandemic. Pot businesses filed suit to overturn the ban, which they argued was arbitrary since Baker's order allowed medical marijuana and liquor outlets to remain open, but Suffolk Superior Court Judge Kenneth Salinger agreed with Baker's argument that the shops would attract out of state visitors: "It was reasonable for the governor to be concerned that the relatively few adult-use marijuana establishments in Massachusetts are more likely than liquor stores or [medical marijuana treatment centers] to attract high volumes of customers, including people traveling from other states," Salinger wrote. "The governor’s decision to treat medical marijuana facilities and liquor stores differently than adult-use marijuana establishments has a rational basis and therefore is constitutional."

International

British Columbia Rolls Out Safe Drugs for Street Users. Last month, the Canadian government urged provinces to lower barrier to prescription medications as part of the effort to self-isolate during the coronavirus pandemic, and now British Columbia is becoming the first province to apply those guidelines to people using street drugs. Healthcare providers are increasing the supply of opiate maintenance drugs and even dispensing some of them via a unique vending machine. By providing a safe supply of legal drug alternatives, the province hopes to lower a sudden spike in drug overdose deaths that coincided with the coronavirus outbreak in Vancouver.

Mexican Drug Cartels Hand Out More Coronavirus Aid. One of imprisoned drug lord Joaquin "El Chapo" Guzman's daughters and several Mexican drug trafficking organizations have been handing out aid packages to help poor residents get through the coronavirus pandemic. Guzman's daughter Alejandrina is seen in Facebook videos filling boxes with slick logos and an image of her father with food and toilet paper. The video narrator calls them "Chapo's provisions." The boxes were distributed in Guadalajara, Jalisco. The products are made for El Chapo 701, a legal business run by his daughter. But other active cartels are also handing out goods to local residents in some areas in a bid to gain public support. In one case, the Jalisco New Generation Cartel can be seen handing out packages of food and supplies labeled: "From your friends, CJNG, COVID-19 contingency support." The Gulf Cartel did a similar free distribution of supplies to poor residents of Victoria, Tamaulipas, last week. 

 

 

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New ACLU Report on Pot Arrests Finds Racial Disparities Persist, UK Loosens Up on Buprenorphine, More... (4/20/20)

Some members of Congress are asking for marijuana businesses to be included in future coronavirus relief packages, the Mexican Supreme Court okays a delay in marijuana legalization until the fall, and more. 

Marijuana Policy

ACLU Report Finds Persistent Racial Disparities in Marijuana Law Enforcement—Even in Legal States. A new report from the American Civil Liberties Union (ACLU) on US marijuana arrests between 2010 and 2018 finds that "the racist war on marijuana is far from over." The report found that overall black people are 3.6 times more likely to be arrested for marijuana offenses, even though they use marijuana at roughly the same rate as whites. That includes states where marijuana is legal. The states with the highest disparities were Montana (9.6 times), Kentucky (9.4), Illinois (7.5), West Virginia (7.3), Iowa (7.3), Vermont (6.1), and North Dakota (5.5).

Members of Congress Formally Request Marijuana Industry's Inclusion in Future Coronavirus Relief Packages. Some 34 members of the House ranging from Tulsi Gabbard (D-HI) to Matt Gaetz (R-FL) have signed onto a letter formally requesting House leaders to include the marijuana industry in the next round of bailouts for businesses and people hurt by coronavirus pandemic shutdowns. The letter also asks that marijuana companies also be permitted to receive financial assistance from the government's Small Business Administration (SBA).

Alaska Regulators Approve Emergency Changes to Allow Curbside Pickup from Pot Shops. Last Friday, the state Marijuana Control Board approved emergency changes to allow for curbside pickup of marijuana orders as well as a loosening of transportation rules during the COVID-19 pandemic. But the rule changes will not go into effect until Lt. Gov. Kevin Meyer (R) signs off. If approved, the rules will stay in place for up to 120 days.

International

Great Britain Begins Allowing Monthly Buprenorphine Injections for Heroin Addicts During Pandemic. The National Health Service (NHS) has begun providing once-a-month injections of buprenorphine to recovering heroin addicts instead of requiring daily oral medication as part of a move to protect NHS staff during the coronavirus pandemic. It is hoped the change will elieve pressure on pharmacy and NHS services by reducing the amount of contact between individuals and frontline staff.

Mexican Supreme Court Again Extends Marijuana Legalization Deadline. The Mexican Supreme Court has accepted a request from lawmakers to postpone an April 30 deadline to approve a marijuana legalization bill. The request came after both houses of the legislature suspended most of their work because of the coronavirus pandemic. The bill is expected to be approved during the Senate’s next ordinary session period, which starts in September.

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NYC 4/20 Pot Party Busted Over Social Distancing, Mexican President Acknowledges Cartel Aid-Giving, More... (4/21/20)

Mexico's president acknowledges cartels have been handing out coronavirus relief packages and implore them to knock it off, a New York City 4/20 pot party ran afoul of social distancing measures, and more.

Marijuana Policy

Alaska Curbside Pickup of Pot Now in Effect. Emergency regulations allowing for the curbside pickup of marijuana purchases are now in effect in Alaska. The Marijuana Control Board approved the regulations Friday and Lt. Gov Keven Meyer's office signed off on them later that same day. Business owners who want to do curbside pickup have to apply to the state and submit operational plans.

New York City 4/20 Pot Party Busted for Violating Social Distancing. Police alerted by a concerned citizen reporting a large number of people on the third floor of a Manhattan commercial building ended up busting a party of about 40 people who had gathered to celebrate 4/20, the unofficial marijuana holiday. The party was hosted by a marijuana edibles company called Ganja Pigs, which was not available for comment on Tuesday. Police found a duffel bag full of weed at the party, along with edibles, THC, and paraphernalia. Five people were cited for marijuana offenses and 38 people were cited for unlawful trespassing.

International

Mexico President Acknowledges Cartels Handing Out Aid Packages, Implores Them to Knock It Off. Mexican President Andres Manuel Lopez Obrador acknowledged Monday that drug cartels are handing out aid packages during the coronavirus pandemic, said the government couldn't stop it, and implored the cartels to cut it out. "It is something that happens, it cannot be avoided," López Obrador said. "I don't want to hear them saying, ‘we are handing out aid packages,’"he said. "No, better that they lay off, and think of their families, and themselves, those that are involved in these activities and who are listening to me now or watching me." He also suggested that perhaps some cartel members are rethinking their place in society: "I don't rule out that there are people in the gangs who are becoming conscious, because I don't think you can spend your life always watching your back, worrying about another gang, going from one place to another, because you could get eliminated, that is no life at all,"said López Obrador.

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Poll Finds Legalizing Marijuana is Good Policy, WA Drug Decriminalization Initiative Campaign Gets Underway, More... (4/22/20)

A new poll finds most of us think marijuana legalization has been a success, Lebanon's parliament approves medical marijuana and hemp cultivation, and more.

Marijuana Policy

Poll Finds Majority of Americans Think Marijuana Legalization Is a Successful Policy. A new YouGov poll of 27,000 adults finds that a majority of Americans believe marijuana legalization laws are a success. Some 19% of respondents said legalization was a "success only," while another 36% said it was "more of a success than a failure." That's 55% between the two. Only 6% said it was a "failure only" and only 13% said it was "more of a failure than a success." That's less than one out of five saying legalization is a failure. About a quarter of respondents had no opinion. The figures held true across all regions of the country. Democrats, however, were much more likely to say legalization was a success (67%) than Republicans (41%)

Drug Decriminalization

Washington State Drug Decriminalization Initiative Campaign Gets Underway. A group of activists calling itself Treatment First Oregon is working to place a drug decriminalization and expanded drug treatment initiative on the November ballot. The measure, Initiative 1715, would use marijuana tax revenues to fund drug treatment. It would also have police refer people caught with drugs to a mandatory assessment to be screened for substance abuse disorder within 72 hours. The campaign will need some 259,000 valid voter signatures by July 3 to qualify for the ballot. The campaign says it hopes to go all out with signature gathering in the month of June.

International

Lebanese Parliament Approves Medical Marijuana, Hemp Production as Economy Struggles Amidst Coronavirus Crisis. The parliament on Tuesday approved legislation to legalize marijuana production for medicinal and industrial uses, a move recommended by economic advisers even before the coronavirus pandemic hit the struggling economy. The measure doesn't legalize recreational marijuana or hashish sales, for which the country is famous, but it does seek to create a new legal marijuana industry.

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Push to Allow Marijuana Businesses Pandemic Aid, Bloody Gun Battles in Mexico, More... (4/23/20)

A push is on in Congress to secure coronavirus pandemic relief aid for the legal marijuana industry, a poll suggests that a DC psychedelic decriminalization initiative could win -- if it can make the ballot -- and more.

Marijuana Policy

US Senators Want Small Marijuana Firms Included in Coronavirus Aid. A group of 10 US senators led by Ron Wyden (D-OR) and Jackie Rosen (D-NV) have sent a letter to congressional leaders urging them to include small, state-legal marijuana businesses and related companies in any future coronavirus relief packages. The letter comes a week after nearly three dozen House members sent a similar one.

Lawmakers File Bill to Let Marijuana Companies Have Access to Coronavirus Relief Funds. Reps. Earl Blumenauer (D-OR) and Ed Perlmutter (D-CO) on Thursday filed an as yet unnumbered bill, the Emergency Cannabis Small Business Health and Safety Act, which would allow legal marijuana businesses to access disaster relief loans and other programs available during the COVID-19 crisis.

Psychedelics

DC Voters Would Approve Psychedelic Decriminalization Initiative If It Makes Ballot, Poll Says. A poll commissioned by Decriminalize DC, the folks behind the psychedelic decriminalization initiative, suggests the measure could pass -- if it manages to make the ballot. Signature-gathering for initiative campaigns around the country have been disrupted by the coronavirus pandemic, and DC is no exception. The poll found 51% said they were in favor when read the actual text of the measure, but that figure rose to 60% when voters were provided more information and settled at 59% when voters had heard pro and con arguments.

International

Mexico Sees 13 Dead in Violence in Guerrero Poppy Fields. At least 13 people were killed over the weekend in multisided clashes between community vigilantes, police, soldiers, and members of the Cartel del Sur in the opium poppy-growing town of El Naranjo, Guerrero. Clashes and gun battles lasting for hours broke out Saturday as cartel gunmen duked it out with a "grassroots citizens militia" (vigilante group) called the United Front of Community Police of Guerrero, a repeat of clashes last summer when the vigilantes tried unsuccessfully to force out the cartel. After Saturday's clashes, authorities called in the National Guard, soldiers, and state police, who then engaged in another gun battle, killing four presumed cartel members. Later another four executed bodies were found, and on Monday the bodies of five more men covered in blankets were discovered at the bottom of a ravine surrounded by shell casing.

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