Drug War Chronicle #1118 - December 22, 2020

Drugs and the Year from Hell: The Top Ten Domestic Drug Policy Stories of 2020 [FEATURE]

What a year! Pandemic, civic unrest, national elections -- 2020 has been a year of tumult that can't be done with soon enough. But when it comes to drug policy, it wasn't all bad; in fact, a lot of it was pretty darned good. Some of it however was quite tragic Here's our year-end round up of the biggest drug policy stories of the year.

Update: The 2020 top ten list now goes to eleven, with Congress removing the drug conviction question from the federal financial aid for college form. See below.

The Pandemic

Just as it has infiltrated just about every aspect of American life, the coronavirus pandemic has been felt in the world of drugs and drug policy. Social distancing requirements early in the pandemic, precisely at the time drug reform initiative campaigns were typically in the midst of signature-gathering drives proved particularly lethal to marijuana legalization efforts in the Heartland as initiative campaigns in Arkansas, Missouri, Nebraska, North Dakota, and Oklahoma all succumbed. It also helped fell a Washington state drug decriminalization campaign, with organizers there opting instead to go the legislative route.

It has also infiltrated jails and prisons. One in five prisoners in the US has had COVID-19, according to The Marshall Project. 1,700 of them have died from it. Prison wardens have worsened the situation by blocking congressionally legislated compassionate releases for prisoners. Second waves are now hitting the nation's penal institutions. And most vaccinations in the prisons have been for staff, not prisoners. With drugs directly accounting for about one-in-four prisoners, COVID-19 in the prisons is partly a drug war story.

Amidst the layoffs, shutdowns, and social distancing imposed by the pandemic, drug use jumped. In July, the specialty laboratory Millennium Health reported that its analysis of more than half a million urine drug test results and found large increases in the use of four illicit drugs during the coronavirus pandemic. The lab found a 32.0% increase for non-prescribed fentanyl over the same period last year, a 20.0% increase for methamphetamine, a 10.1% increase for cocaine, and a 12.5% increase for heroin.

In September, a study published in the American Medical Association's JAMA Network found that drug test positivity rates for cocaine, fentanyl, heroin and methamphetamine ha increased nationwide during the pandemic. That same month, in a new study, Millennium Health reported that urine samples from across the US came back positive at a rate 20% higher in the early weeks of the pandemic compared to the same period before the pandemic began ratcheting up in early March. The pandemic almost certainly also has had an impact on fatal drug overdoses (see below).

One of the most striking impacts of the pandemic has been on policing. Early on, big cities began to forego drug arrests and prosecutions as a discretionary luxury they could no longer afford as they struggled with the coronavirus. In Philadelphia, Baltimore, and Chicago, police or prosecutors announced they would not arrest or would not prosecute small-time drug possession cases. In March, prosecutors from more than 30 cities, including Baltimore, New York, San Francisco, and St. Louis signed on to an open letter urging local governments to make change in the face of COVID-19. They called for police to adopt "cite and release policies for offenses which pose no immediate physical threat to the community, including simple possession of controlled substances." They also called for the release of people being held solely because they can't come up with cash bail and for reducing jail and prison populations "to promote the health safety, staff, those incarcerated, and visitors." These were not intended as permanent moves, but perhaps politicians, police and prosecutors will take the opportunity to break their addiction to punishing drug users and sellers by going cold turkey amidst the pandemic. That would be a silver lining to the current crisis.

Advocates for marijuana legalization folded the pandemic into their arguments for ending federal marijuana prohibition. More than 30 state attorneys general cited the pandemic in calling for Congress to pass the Secure and Fair Enforcement (SAFE) Banking Act, which would allow state-legal marijuana businesses to gain access to banking and financial services. The House HEROES Act coronavirus relief bill, passed in May, included a handful of criminal justice and drug policy reforms, mostly aimed at reducing the prison population during the pandemic, but also included that marijuana banking language.

COVID was also cited as making it even more imperative to pass the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (H.R. 3884). Over the summer, as the pandemic simmered, a coalition of justice and drug reform groups called on Congress to pass the bill, arguing that legalization was especially urgent in the context of the coronavirus pandemic and nationwide protests over police brutality. Given the current situation, "marijuana reform as a modest first step at chipping away at the war on drugs is more relevant and more pressing than ever before," they wrote in a letter to Congress.

That was followed by an even broader assemblage of 125 religious, human rights, and drug reform groups calling for passage of the bill. "[T]he circumstances of 2020 have made the failed War on Drugs even more untenable and amplified the voices of those demanding transformation in our criminal legal system. In the face of the evolving COVID-19 pandemic and a growing national dialogue on unjust law enforcement practices, marijuana reform as a modest first step at chipping away at the War on Drugs is more relevant and more pressing than ever before. The MORE Act remains the most effective and equitable way forward," the groups said. The MORE Act passed in December.

The Long, Hot Summer Uprising Against Police Violence and Racism

It all started with that horrid video of George Floyd dying under the knee of a Minneapolis police officer over an alleged miniscule offense, but as people took to the streets all over the country, the name Breonna Taylor also loomed large. The totally innocent 26-year-old black EMT was gunned down by Louisville police in a misbegotten "no-knock" drug raid (it might be more accurate to call them "home invasion raids") in March, and her killing not only powered months of street demonstrations in her hometown, it also engendered howls of outrage and promises of reform from politicians around the land. And it brought heightened scrutiny to business as usual in the war on drugs.

As the streets overflowed in May, nearly four dozen members of Congress called for an independent investigation of the raid, calling Taylor's death "an unspeakable tragedy that requires immediate answers and accountability." That was followed by a bevy of bills in Congress, including the Justice in Policing Act, which would ban no-knock warrants in federal drug cases. House Democrats pushed the bill through in three weeks in June. Republicans in the Senate responded with Sen. Tim Scott's Justice Act, which wouldn't ban no-knock raids, but would increase federal reporting requirements for no-knock raids and use of force. But the GOP bill never moved in Sen. Mitch McConnell's Senate. As with so many measures passed by the House, McConnell's domain was where a congressional response to the crisis went to die.

But some states and localities actually enacted laws or ordinances aimed at reining in no-knocks. The Louisville Metro Council banned no-knock search warrants by unanimously passing "Breonna's Law" in June. Other cities, including Indianapolis, Memphis, Minneapolis, San Antonio and Santa Fe moved to either restrict or ban no-knocks. And while several states saw efforts to ban no-knocks, the only state where it's come to fruition so far is Virginia, where Gov. Ralph Northam (D) signed into law House Bill 5099, which bars police from breaking into a home or business to conduct a raid without first announcing their presence.

In Historic Move, House Votes to End Federal Marijuana Prohibition

Breaking almost but not entirely along party lines, the House voted on December 4 to approve the Marijuana Opportunity Reinvestment and Expungement (MORE) Act of 2019 (HR 3884). The MORE Act would effectively end federal pot prohibition by removing marijuana from the Controlled Substances Act's list of scheduled substances and eliminating federal criminal penalties for its possession, cultivation and sale.

The bill would not affect state laws that criminalize marijuana, but it would end the conflict between states that have already legalized marijuana and federal law. The bill also includes strong social equity provisions, including the creation of a fund to support programs and services for communities devastated by the war on drugs, a provision for expungement of past federal marijuana offenses, and a provision that bars the federal government from discriminating against people for marijuana use. The latter would protect immigrants from being deported for past marijuana convictions and would ensure that earned benefits are not denied to marijuana users.

The historic vote marks the first time either chamber of Congress has voted for legalization. But there is virtually no chance that the Republican-led Senate will take up -- let alone approve -- the measure in the remaining days of this session, meaning this is a battle that will continue in the next Congress.

Here Comes Psychedelic Drug Law Reform

Denver made history in May 2019 by becoming the first locality in the US to effectively decriminalize a psychedelic drug -- psilocybin-bearing magic mushrooms -- and as a psychedelic reform movement has spread across the land, this year saw more important advances. As the year went on, three more cities -- Ann Arbor, Oakland, and Santa Cruz -- passed similar ordinances.

Then on Election Day, voters in Oregon approved the groundbreaking Measure 109, the Psilocybin Services Act, with 56 percent of the vote. It will create a program to allow the administration of psilocybin products, such as magic mushrooms, to adults 21 and over for therapeutic purposes. People will be allowed to buy, possess, and consume psilocybin at a psilocybin services center, but only after undergoing a preparation session and under the supervision of a psilocybin service facilitator.

On the East Coast, Washington, DC, voters approved Initiative 81, the Entheogenic Plant and Fungi Policy Act of 2020, with 74 percent of the vote. The measure will have police treat natural plant medicines (entheogens) as their lowest law enforcement priority. The measure also asks the city's top prosecutor and its US Attorney to not prosecute such cases.

This string of psychedelic reform victories has generated momentum that is likely to result in more pushes in more places next year and beyond. Since Election Day, activists in San Francisco and Washington state have announced plans for decriminalization, a New Jersey state senator has filed a bill to downgrade the offense of magic mushroom possession, and a California state senator has announced he plans to file a bill. that would decriminalize the possession of psilocybin mushrooms and other psychedelics. And that's before the new year even begins.

Oregon Decriminalizes Drugs

With the passage by voters of Measure 110, the Drug Decriminalization and Addiction Treatment Initiative, Oregon broke new ground by becoming the first state to decriminalize the possession of personal use amounts of all drugs, including cocaine, heroin, and methamphetamine. The quantities decriminalized are up to one gram of heroin, up to one gram of or five pills of MDMA, up to two gram of meth, up to 40 units of LSD, up to 12 grams of psilocybin, up to 40 units of methadone, up to 40 pills of oxycodone, and up to two grams of cocaine. That's thousands of drug arrests that now will not occur in Oregon -- and now Oregon can set an example for other states to follow.

Red State or Blue State, Voters Choose Legal Marijuana When Given the Chance

The November election saw marijuana legalization on the ballot in four states and medical marijuana on the ballot in two states. They all won. Evenly-divided Arizona saw Proposition 207: The Smart & Safe Arizona Act, cruise to victory with 60 percent of the vote, while in blue New Jersey, Public Question 1 garnered a resounding 67 percent.

The really surprising results were in two red states: In Montana, Constitutional Initiative 118 and its companion Initiative 190 won with 58 percent and 57 percent of the vote, respectively, while in South Dakota, Constitutional Amendment A won with 54 percent of the vote. Both those states are Trump country, with the president taking 57 percent in the former and 62 percent in the latter.

It was the same story with medical marijuana too, as Mississippi approved Initiative 65 with 74 percent of the vote, while South Dakota's Measure 26 won with 70 percent. Marijuana for adult use in now legal in 15 states and medical marijuana is now legal in 38.

Attack of the Progressive Prosecutors

The November elections didn't just end the reign of Donald Trump and bring drug reform victories at the state level, they also ushered in a new crop of progressive prosecutors who will have the ability to affect the conduct of the war on drugs at the local level. Led by George Gascon, who was elected prosecutor of the nation's most populous county, Los Angeles, and running on progressive platforms that included confronting police misconduct, ramping down the war on drugs, and shrinking prison populations, progressives won prosecutor races in Detroit (Oakland County), Orlando, and two large Colorado districts that had been held for decades by Republicans. Progressives didn't win everywhere they ran, but the shift from "law and order" district attorneys toward progressives that began with Kim Foxx in Chicago and Larry Krasner in Philadelphia really gathered momentum this year.

A Tough Year for Safe Injection Sites

Safe injection sites -- or supervised injection sites or safe consumption sites, take your pick -- are a proven harm reduction intervention with 120 in operation in 10 countries around the world, but no legal ones operating in the US. It looked like that would change in 2020, but it didn't. A proposed site in Philadelphia got the final go-ahead from a federal judge in February, but the local US Attorney then won a stay blocking it, with a hearing on that stay held in October and the decision from the bench still pending. Things were also looking good in San Francisco after the Board of Supervisors okayed a three-site pilot program in June, but the state-level bill that would have allowed the city to proceed, Assembly Bill 362, died in the Senate after passing the Assembly. A similar fate befell a Massachusetts safe injection site bill, House Bill 4723, which managed to win a committee vote but then stalled. Maybe next year.

Asset Forfeiture Reforms

Asset forfeiture, especially civil asset forfeiture (without a criminal conviction), is increasingly unpopular, with 35 states and the District of Columbia approving reforms between 2014 and 2019. A November poll found that only 26% support allowing police to seize cash or property from someone without a criminal conviction. Some 59% of respondents oppose "allowing law enforcement agencies to use forfeited property or its proceeds for their own use." Opposition to equitable sharing, a federal program that allows state and local police to evade state laws against civil asset forfeiture, was even higher, with 70% against the program.

Here are some reasons why: In March, in Georgia,the Department of Revenue got caught spending millions of dollars in seized cash on "engraved firearms, pricey gym equipment, clothing, personal items, even $130 sunglasses." That same month, in Michigan, the Macomb County prosecutor was hit with a slew of criminal charges for allegedly taking funds seized from drug and other suspects for his own personal use, including a personal security system for his house, country club parties, campaign expenses and to buy flowers and make-up for his secretaries. In July, in Chicago, the city agreed to a $5 million payout to settle a class action lawsuit filed by two people whose vehicle was seized after a passenger was arrested for marijuana possession. The settlement will apply to hundreds of other cases where drivers had their vehicles impounded as part of drug cases. Also in Michigan, the Wayne County Sheriff's Office faces a similar lawsuit for seizing thousands of cars and other property belonging to residents without criminal convictions.

Such abuses helped New Jersey become the 36^th asset forfeiture reform state when Gov. Phil Murphy on Tuesday (D) signed into law a bill mandating comprehensive disclosure and transparency requirements for the system of civil asset forfeiture. Unfortunately, the few remaining non-reform states are tough nuts to crack, as we saw with reform bills killed in Arizona, Georgia, Kentucky, and Tennessee. But, hey, at least Tyson Timbs, the Indiana man whose seized Land Rover resulted in a 2019 Supreme Court decision scaling back civil asset forfeiture, finally got his Land Rover back -- six years after it was seized over a drug bust.

America Keeps ODing

Amidst all the death in the pandemic, the ongoing epidemic of drug overdose deaths got short shrift this shift, but Americans are continuing to die by the tens of thousands. In July, the CDC reported preliminary data showing that after declining for the first time in decades in 2018, fatal ODs rose 4.6% in 2019. There's a lag in data for this year, but initial reports suggest bad news ahead. In July, the specialty laboratory Millennium Health reported that its analysis of more than half a million urine drug found large increases in the use fentanyl, heroin, cocaine, and methamphetamine. That same month, the Washington Post reportedthat fatal ODs have jumped and keep jumping during the pandemic. The Post's data showed overdose deaths up 18% in March, 29% in April, and 42% in May. The Post pointed to continued isolation, economic devastation, and disruptions in the drug trade as contributing factors.

Update 12/22: This year the top ten domestic stories goes to eleven, with the infamous "Aid Elimination Penalty" of the Higher Education Act set for repeal, as part of the massive spending bill sent to the president on the night of Monday the 21st. The provision barred students with drug convictions from receiving federal financial aid for college, for varying lengths of time. The spending bill also restores Pell Grant eligibility to prisoners.

Our own organization campaigned for many years for the law's repeal, through the Coalition for Higher Education Act Reform and the John W. Perry scholarship fund. Extensive media coverage made the law controversial, and in 2006 it was scaled back to be limited to drug offenses committed while a student was in school and receiving federal aid. In 2010 legislation to limit its reach further passed the House of Representatives.The provision stayed on the radar for members of Congress and their staffs, and yesterday it got done.

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EVENT: International Responses to Extrajudicial Drug War Killings -- Leverage and Limitations

UPDATE:
News article about our event online here.
Full footage of event now online here.

Fhillip Sawali slides online -- Powerpoint and PDF.

 

International Responses to Extrajudicial Drug War Killings -- Leverage and Limitations

side event at the online margins of the Assembly of States Parties to the Rome Treaty (ICC)

Wednesday Dec. 23 2020
8:30-10:00am New York / 2:30-4:00pm The Hague / 9:30-11:00pm Manila

organized by DRCNet Foundation AKA StoptheDrugWar.org

speakers:

Fhillip Sawali, Chief of Staff, Office of Senator Leila de Lima, Republic of the Philippines
Elizabeth Evenson, Associate Director, International Justice Program, Human Rights Watch
Mohammad Ashrafuzzaman, Asian Legal Resource Centre

co-moderators:

David Borden, Executive Director, StoptheDrugWar.org
Marco Perduca, former Senator, Italy, 2008-2013

Link for registration: https://us02web.zoom.us/meeting/register/tZIkdOGrrj8pE9Tyj4AgGeO25tiXDgUdZiAs

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Medical Marijuana Update

Both chambers of Congress have passed bills to ease barriers to medical marijuana research, the Mississippi Health Department joins a lawsuit trying to overturn the voter-approved medical marijuana initiative, and more.

National

House Passes Medical Marijuana Research Bill. The House last Wednesday approved the Medical Marijuana Research Act (HR 3797) on a voice vote, demonstrating strong support from Democrats and Republicans alike. The measure would remove limits on marijuana research by amending the Controlled Substances Act and would direct the Justice Department and the Department of Health and Human Services to establish a program to provide licenses to more marijuana growers and manufacturers. Licensed researchers could then use that marijuana in research approved by the FDA.

Senate Approves Medical Marijuana Research Bill. With a favorable vote Tuesday night, the Senate has passed the Cannabidiol and Marihuana Research Expansion Act (S.2302). It would ease the application process for marijuana researchers and would prod the Food and Drug Administration (FDA) to develop medicines derived from marijuana. The House passed a separate marijuana research bill last week. The passage of bills in both chambers means there is still a chance that a marijuana research bill could still pass in the remaining days of the session.

Kentucky

Kentucky Lawmaker to Reintroduce Medical Marijuana Bill. State Rep. Jason Nemes (R-Louisville) has said he will reintroduce a medical marijuana bill that passed the House this year but failed to get action in the Senate because of disruptions caused by the coronavirus pandemic. "The support in the House will be even stronger than it was last year," Nemes said. "We have replaced a number of 'no' votes with 'yes' votes in the Republican caucus due to retirement and defeating Democrats, so we will be stronger in the House. The whole question is what the Senate will do."

Mississippi

Mississippi Health Department Joins Lawsuit Against Medical Marijuana Initiative. The state Department of Health filed a friend of the court brief Monday in a lawsuit that seeks to overturn the will of voters who resounding approved a medical marijuana initiative in November. The agency argued that it shouldn't have to perform the "Herculean feat" of creating a medical marijuana program in just the seven months mandated by the initiative. But the brief goes further, also arguing that citizens have no inherent right to amend the state constitution. And it argues that the initiative violates the state constitution because it contains multiple subjects, including taxation, changing the criminal code, and zoning issues. No indication yet on when the court may rule.

South Carolina

South Carolina Lawmakers Pre-File Bills to Legalize Medical Cannabis. Lawmakers in both the state House and Senate have pre-filed medical marijuana legalization bills, H 3361 and S 150, respectively. The bills are both titled the South Carolina Compassionate Care Act. The bills are identical to legislation considered during the 2019 session, but not filed this year during a legislative session shortened by the pandemic.

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This Week's Corrupt Cops Stories

An Alabama cop gets arrested for meth dealing for the second time in two weeks, a former Virignia police detective is heading to prison for giving a snitch's name to drug dealers, and more. Let's get to it:

In Miami, a Miami-Dade jail guard was arrested last Saturday in a sting operation after he took a $3,000 bribe from an undercover officer to bring cocaine into the correctional facility. Guard Travis Thompson was arrested upon taking possession of the cocaine and cash. He is charged with one count of cocaine trafficking.

In Flomaton, Alabama, a Flomaton police officer was arrested last Monday on meth trafficking charges just a week after he was arrested on similar charges across the state line in Florida. Lt. Isaac Lopez, 36, went down a second time after taking possession of two ounces of meth from an undercover Florida officer. He's facing Alabama charges of trafficking methamphetamine and using a two-way communication device to facilitate a felony.

In Tuskegee, Alabama, a Macon County jail guard was arrested Tuesday for helping inmates smuggle contraband into the jail. Guard Jacorey Penn, 25, allegedly unlocked the jail's back door to let inmates receive contraband that included cellphones, marijuana, cocaine, pills, alcohol and tobacco. He is charged with promoting contraband.

In Newport News, Virginia, a former Hampton police detective was sentenced Monday to six years in prison for providing the name of an informant to a cocaine trafficking organization under investigation. DeAngelo Freeman, 32, worked for the Special Investigations Unit as he conspired with local dealers, naming the informant and providing other information about the investigation to the dealers. He earlier pleaded guilty to conspiring to distribute more than 500 grams of cocaine.

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Santa Cruz Needle Exchange Hit With NIMBY Lawsuit, Mexico Supreme Court Okays Legalization Vote Delay, More... (12/11/20)

The Mexican Supreme Court grants another extension on its deadline to end marijuana prohibition, the Oakland city council will next week take up a measure calling on the state to decriminalize psychedelics, and more.

Heroin and Prescription Opioids

South Carolina Lawmakers File Slew of Bills to Fight Opioid Epidemic. Lawmakers have filed a package of bills aimed at the opioid epidemic, including H. 3362, which would require Medicaid plans to pay for opioid treatment; H. 3363, which would treat criminal offenses involving synthetic opioids like those involving heroin; and H. 3364, which would allow authorities to charge the seller of a drug involved in a fatal overdose to be charged with manslaughter.

Psychedelics

Oakland City Council Will Vote Next Week on Resolution Calling on State to Decriminalize Psychedelics. The city council will take a resolution pushed by Decriminalize Nature that calls on the state to decriminalize psychedelics and let cities and counties allow "healing ceremonies" where people could use those drugs. Decriminalize Nature was inspired to look beyond local measures after state Sen. Scott Weiner (D-San Francisco) announced plans to file a statewide psychedelic decrim bill.

Harm Reduction

Santa Cruz, California, Needle Exchange Program Sued by NIMBY Neighbors. The Harm Reduction Coalition of Santa Cruz County has now been hit with a lawsuit over its needle exchange program by unhappy neighbors. The group's needle exchange program "poses a serious threat to the health and safety of the citizens of Santa Cruz County," the plaintiffs argue, and have led to a "significant" number of discarded needles. The Harm Reduction Coalition has long refuted that charge, saying it has removed thousands of needles from the area.

International

Mexican Supreme Court Grants Another Extension to Marijuana Legalization Deadline, Allowing Final Vote to Take Place Next Year. After the Chamber of Deputies requested a delay in a looming vote on the marijuana legalization bill, citing the complexity of the bill, the Supreme Court on Thursday extended the deadline by which the government must act to end marijuana prohibition. The latest deadline was December 15; it has now been pushed back to the end of the spring legislative session in April.

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Patrick Kennedy Wants to Be Drug Czar, NJ MJ Implementation Bill Heard, More... (12/14/20)

Jostling over who will be named Joe Biden's drug czar has begun, Arizona gets working on rules for the nascent legal marijuana industry, more cartel conflict in Mexico, and more.

Marijuana Policy

Arizona Begins Working on Draft Rules for Recreational Marijuana Sales. State health officials have commenced the rulemaking process for legal marijuana commerce. Since election results were certified on November 30, adults can legally possess up to an ounce and grow up to six plants, but legal sales can't start until the rules are set. State officials anticipate sales could begin in the spring. The initiative that legalized marijuana mandates that the state begin accepting applications from medical marijuana dispensaries that want to become recreational shops beginning January 19 and that licenses be issued to more than 60 days after applications are received.

New Jersey Senate Committee Considering Marijuana Legalization Plan Today. The Senate Judiciary Committee is meeting Monday to consider S21, the bill to implement marijuana legalization after voters approved it in November. It is also considering a number of other bills, including S3256, which would downgrade the crime of possession of psilocybin mushrooms to a "disorderly person offense."

Drug Policy

Patrick Kennedy Launches Public Bid to Be Named Biden's Drug Czar. Former congressman and mental health and addiction treatment advocate Patrick Kennedy has begun a well-publicized bid to be named head of the White House Office of National Drug Policy (ONDCP -- the drug czar's office) in the Biden administration. Kennedy is an opponent of marijuana legalization. There are other contenders, including former board president for the American Society of Addiction Medicine Kelly Clark, former Obama era addiction policy official Westley Clark, and March of Dimes chief medical officer Rahul Gupta, who heads the Biden administration's ONDCP transition team. Notably, all of these contenders come from the public health sphere, not the law enforcement sphere as has typically been the case with past drug czars.

International

Australian Capital Territory to See Drug Decriminalization Bill. A backbench member of the Australian Capital Territory's (Canberra) governing Labor Party will introduce a bill to decriminalize drug possession in the ACT Legislative Assembly next year. The opposition has not rejected the idea outright, but says it needs further review. If passed, it would make the ACT the first place in the country to enact drug decriminalization. An early draft of the bill sets possession limits at half a gram of MDMA and two grams of cocaine, heroin, and methamphetamine.

Mexican Cartel Battle in Michoacan Now in Second Week. Fighting over control of 13 municipalities in the state of Michoacan between the Jalisco New Generation Cartel and Cartels United, which consists of the Sinaloa Cartel and other criminal groups, has gone on for more than a week now. Most recently, 13 people were killed in attacks last week in the towns of Chinicuila and Tepalcatepec, where residents dug trenches across roads to try to prevent gunmen from entering, as well as in Morelia, Zamora, and Uruapan. Multi-sided gun battles pitched cartel hitmen against each other, as well as police, soldiers, and armed residents. At least three civilians were among the dead.

Philippines Says Despite UN CND Vote, Marijuana Is Still a Dangerous Drug. Responding to the recent vote at the Commission on Narcotic Drugs (CND) removing marijuana from the most dangerous drug schedule, the Philippines is holding firm. The undersecretary of the Dangerous Drugs Board, Benjamin Reyes, said that doesn't mean marijuana is no longer a dangerous drug. "It is still included. It's just that marijuana (may now) have possible medical use, but still dangerous just like cocaine and opium," he said.

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NJ Legal MJ Implementation Bill Advances, MS Health Dept Joins Lawsuit to Block MedMJ, More... (12/15/20)

Medical marijuana bills are coming in Kentucky and South Carolina, a bill to implement voter-approved marijuana legalization in New Jersey is advancing, and more.

Marijuana Policy

New Jersey Legal Marijuana Implementation Bill Advances. The Senate Judiciary Committee approved S21, a bill designed to set up the legal recreational marijuana market approved by voters in November, on Monday. The bill now heads for a Senate floor vote. Companion legislation in the Assembly is also expected to advance this week. The bill would send 70% of marijuana sales tax proceeds and 100% of proceeds from a new excise tax to communities most severely impacted by marijuana prohibition.

Medical Marijuana

Kentucky Lawmaker to Reintroduce Medical Marijuana Bill. State Rep. Jason Nemes (R-Louisville) has said he will reintroduce a medical marijuana bill that passed the House this year but failed to get action in the Senate because of disruptions caused by the coronavirus pandemic. "The support in the House will be even stronger than it was last year," Nemes said. "We have replaced a number of 'no' votes with 'yes' votes in the Republican caucus due to retirement and defeating Democrats, so we will be stronger in the House. The whole question is what the Senate will do."

Mississippi Health Department Joins Lawsuit Against Medical Marijuana Initiative. The state Department of Health filed a friend of the court brief Monday in a lawsuit that seeks to overturn the will of voters who resounding approved a medical marijuana initiative in November. The agency argued that it shouldn't have to perform the "Herculean feat" of creating a medical marijuana program in just the seven months mandated by the initiative. But the brief goes further, also arguing that citizens have no inherent right to amend the state constitution. And it argues that the initiative violates the state constitution because it contains multiple subjects, including taxation, changing the criminal code, and zoning issues. No indication yet on when the court may rule.

South Carolina Lawmakers Pre-File Bills to Legalize Medical Cannabis. Lawmakers in both the state House and Senate have pre-filed medical marijuana legalization bills, H 3361 and S 150, respectively. The bills are both titled the South Carolina Compassionate Care Act. The bills are identical to legislation considered during the 2019 session, but not filed this year during a legislative session shortened by the pandemic.

Drug Policy

Activists Call on President-Elect Biden to Abolish the Drug Czar's Office. The National Organization for the Reform of Marijuana Laws (NORML) is calling on the incoming president to abolish the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office). "The ONDCP represents a bygone era," the group said in a blog post announcing a letter campaign to that end. "Today, most Americans now agree that the adult use of marijuana ought to be legal, and the majority of states have legalized the substance for either medical or recreational use. There is no longer any legitimate need for the Drug Czar's office or for a Drug Czar." NORML also called for the White House to not appoint former Rep. Patrick Kennedy (D-MA), a foe of marijuana legalization, as drug czar. There is a letter than you can sign at the link.

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Senate Approves Marijuana Research Bill, ICC Philippines Examination Progresses, More... (12/16/20)

A California bill would put an end to mandatory minimum sentences for some drug offenses, Toronto is moving to open safe injection sites in select homeless shelters, and more.

Marijuana Policy

Senate Approves Medical Marijuana Research Bill. With a favorable vote Tuesday night, the Senate has passed the Cannabidiol and Marihuana Research Expansion Act (S.2302). It would ease the application process for marijuana researchers and would prod the Food and Drug Administration (FDA) to develop medicines derived from marijuana. The House passed a separate marijuana research bill last week. The passage of bills in both chambers means there is still a chance that a marijuana research bill could still pass in the remaining days of the session.

Sentencing

California Bill Would Repeal Mandatory Minimums for Nonviolent Drug Offenses. State Sen. Scott Weiner (D-San Francisco) last week introduced Senate Bill 73, which would repeal mandatory minimum prison sentences for nonviolent drug offenses. "We are living with the consequences of bad, racist policies enacted in the 1970s and 80s, which disproportionately criminalize and harm Black and brown communities," Wiener said in a statement. "Our drug laws are a stain on California, and we must stop hurting communities and wasting valuable resources jailing people who have committed nonviolent drug offenses." The bill would give judges discretion to sentence such offenders to probation when appropriate. Under current law, a number of nonviolent drug charges come with mandatory sentencing provisions.

International

Toronto Plans to Open Safe Injection Sites in Homeless Shelters. Canada's largest city is moving to set up overdose prevention centers that include safe injection facilities in homeless shelters. The city will spend almost $8 million on a new "multi-pronged strategy" known as the Integrated Prevention and Harm Reduction Initiative (iPHARE). More than $3 million of that money will go to expanded harm reduction services, including safe injection sites in selected shelters across the city. The sites will only be open to residents of the shelters. Between April 1 and September 30, at least 132 people died of drug overdoses in the city.

Mexico President Blames Small "Mistakes" for Delays in Marijuana Legalization Bill. President Andres Manuel Lopez Obrador said Tuesday that small errors in drafting the long-awaited marijuana legalization bill were the cause of the delay in passing the bill this month. He said legislators had requested a delay in the bill's Supreme Court-imposed Tuesday deadline to deal with it. "The period was practically over but they are matters of form and not substance," he said. "It is nothing more than a matter of mistakes that were made, lack of precision on quantities and there can be no contradictions in the law itself," Lopez Obrador said, referring to how much marijuana citizens can possess legally.

International Criminal Court Says Preliminary Examination of Filipino Drug War Shows Evidence of Crimes Against Humanity. In a report released this week, the Office of the Prosecutor (OTP) for the International Criminal Court (ICC) said a preliminary examination found there was "reasonable basis to believe" Filipino forces committed crimes against humanity in President Rodrigo Duterte's bloody crackdown on drug users and sellers that has led to thousands of killings since 2016. While OTP noted that Philippines officials have claimed the deaths were justified, it said that "such narrative has been challenged by others, who have contended that the use of lethal force was unnecessary and disproportionate under the circumstances, as to render the resulting killings essentially arbitrary, or extrajudicial, executions."

The examination now moves to its final stage, admissibility, looking at whether the Philippine justice system has is responding to the killings in a legitimate way. If the Philippines can't or won't hold perpetrators accountable, the court can take the case. Chief Prosecutor Fatou Bensouda has promised a decision will be by mid-2021 over whether to seek authorization from the court to open a formal investigation. She has also pointedly warned that the court's resources fall badly short of what's needed to carry out their mission, which affect how cases are prioritized.

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Oregon's Largest County Ends Drug Possession Prosecutions, New Jersey MJ and Psilocybin Bills Pass, More... (12/16/20)

The DEA has published a rule that will finally allow for an end to the government monopoly on marijuana grown for research purposes, the Mexican congress slaps back at the US by limiting the activities of DEA agents inside the country, and more.

Marijuana Policy

DEA Issues Rule Allowing Expanded Number of Marijuana Research Grows. The DEA on Thursday made public a rule that will allow researchers to be able to obtain marijuana from more than the one currently sanctioned grower, a farm at the University of Mississippi. The DEA began soliciting applications from potential growers in 2016, and 41 applicants have submitted requests to grow research marijuana since then. Those applications went unanswered during the Trump administration.

New Jersey Lawmakers Pass Marijuana Legalization, Decriminalization, and Magic Mushroom Bills. The Assembly and the Senate on Thursday approved three bills on marijuana and magic mushrooms. Senate Bill 21 would create a new, legal marijuana industry, while a second bill decriminalizes the possession of up to six ounces of marijuana, and the third bill reduces penalties for magic mushroom possession from a felony to disorderly persons offense. The bills now go to the desk of Gov. Phil Murphy (D), who is expected to sign them into law.

Washington State Bill Would Allow Personal Home Grows. A bill introduced last week, HB 1019, would let adults 21 and over grow up to six plants for personal use and possess the fruits of the harvest. Similar bills have been filed each year since 2015 but have yet to pass.

Drug Policy

Oregon's Most Populous County to Halt Drug Possession Prosecutions Ahead of Looming Decriminalization. The drug decriminalization measure approved by voters in November doesn't go into effect until February 1, but prosecutors in Multnomah County (Portland) the state's most populous, aren't waiting to stop drug possession arrests. DA Mike Schmidt announced Thursday that, effective immediately, it will quit prosecuting drug possession cases. "Past punitive drug policies and laws resulted in over-policing of diverse communities, heavy reliance on correctional facilities and a failure to promote public safety and health," Schmidt said in a statement. "It's time to move beyond these failed practices, expand access to treatment and focus our limited law enforcement resources to target high-level, commercial drug offenses."

Sentencing Reform

California State Senator Files Sentencing Reform Bill. State Sen. Scott Wiener (D-San Francisco) on Thursday introduced SB 73, a bill that gives judges more discretion to order probation and other alternatives to incarceration for certain drug offenses, as well as doing away with mandatory minimum sentencing provisions for some drug offenses.

International

Mexican Lawmakers Vote to Restrict Foreign Agents Despite US Pressure. The Chamber of Deputies of Mexico voted on Tuesday to approve a bill restricting the activities of foreign agents on national territory, despite the US voicing concerns that it could hamper cross-border drug investigations. The Senate already approved the measure last Wednesday. The bill came as a reaction to the arrest of former Defense Minister Salvador Cienfuegos by DEA agents in Los Angeles in October. Bowing to pressure from Mexico, US prosecutors dropped the charges, but it appears the Mexicans are still not mollified.

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CDC Says Drug ODs Hit Record High Amid Pandemic, NJ Legalization Lacks Home Grow Provision, More... (12/21/20)

Another Mexican politican gets gunned down, the Scottish public health minister has been fired over record overdose deaths, and more.

Marijuana Policy

New Jersey's Marijuana Decriminalization and Legalization Bills Have No Provision for Home Cultivation, Which Remains a Serious Felony. The bills to implement voter-approved marijuana legalization and to decriminalize possession in the meantime have no provisions allowing for the home cultivation of the plant. Under current state law, growing one plant is punishable by up to five years in prison, while growing 10 plants could earn up to 20 years behind bars. That strikes long-time Garden State activist Ed "NJ Weedman" Forchion as unjust, to say the least. "Big guys, corporations, they can violate federal law in the state of New Jersey and grow tons of marijuana," Forchion argued. "But a little housewife down in South Jersey wants to grow 10 plants in her backyard, she'll be treated as a first-degree felon."

Drug Policy

US Drug Overdose Deaths Hit Record High During Coronavirus Pandemic, CDC Says. The year ending in May 2020 saw more than 81,000 drug overdose deaths, according to a new update from the Centers for Disease Control and Prevention (CDC). Although drug overdose deaths were already rising after a blip downward in 2018, the CDC suggested the coronavirus was playing a role. "The disruption to daily life due to the COVID-19 pandemic has hit those with substance use disorder hard," CDC Director Dr. Robert Redfield said in a statement. "As we continue the fight to end this pandemic, it's important to not lose sight of different groups being affected in other ways. We need to take care of people suffering from unintended consequences."

International

Former Governor of Mexico's Jalisco State Gunned Down in Puerta Vallarta. Former Jalisco Governor Aristoteles Sandoval was assassinated in the beach resort town of Puerta Vallarta last Thursday night as he ate in a restaurant. He was initially shot while in the restaurant restroom, and when his security team dragged him outside, they were ambushed. No one has claimed responsibility for the killing, but it comes amidst a rising tide of violent conflict among Mexican cartels and between the cartels and the police and military. "Sandoval's murder is one of several attacks and killings of Mexican government officials in recent years," said Maureen Meyer, the Mexico Director at the Washington Office on Latin America, a think tank. "This rising violence and insecurity speaks to the Mexican government's ongoing challenge to effectively combat organized criminal organizations that continue to expand their influence in the country."

Scottish Health Minister Fired as Overdose Deaths Hit Record High. Public Health Minister Joe FitzPatrick has been forced out of his job after the country recorded its highest ever number of drug overdose deaths. First Minister Nicola Sturgeon ousted him as opposition Labor and Liberal Democrats called for his resignation after drug deaths jumped to 1,264, twice the number in 2014. Sturgeon has appointed Angela Constance as a full-time minister for drugs to replace him.

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Congress Restores Financial Aid for Students with Drug Convictions, CA Fentanyl Task Force Bill Filed, More... (12/22/20)

Heroin and Prescription Opioids

California Bill to Create Law Enforcement Fentanyl Task Force Filed. State Senator Pat Bates (R-Laguna Niguel) has reintroduced a bill, Senate Bill 75, that would establish a "Southern California Fentanyl Task Force" chaired by the attorney general to heighten law enforcement agency coordination, recommend changes to state laws and bring a state-wide caliber of expertise to the issue. The task force would focus on Los Angeles, Orange, Riverside, San Bernardino and San Diego counties. Cosponsors include one Democrat and two Republicans. The bill is also supported by Orange County Sheriff Don Barnes.

Psychedelics

Sheri Eckert, Co-Petitioner for Oregon Psilocybin Therapy Initiative, Dies Suddenly. One of the architects of the pioneering Oregon psilocybin therapy initiative, Measure 109, which was approved by voters last month, has died. Sheri Eckert and her husband Tom were the impetus behind the measure. She died last Thursday night of an apparent heart attack. She was 59.

Drug Policy

Illinois' Cook County State's Attorney Wants to Expunge Marijuana Dealing, Heroin & Cocaine Possession Convictions. In an interview with the Chicago Sun-Times, Cook County (Chicago) State's Attorney Kim Foxx advocated for the automatic expungement of pot dealing convictions and, going a step further, for expunging heroin and cocaine possession convictions, too. Her office has already automatically wiped out the records of more than 2,200 pot possession convictions, and she said she wants to use that bureaucratic infrastructure to find and expunge pot dealing convictions. "No, they didn't have a license. And no, it wasn't legal. But it was the only economy that they had," she said, noting that legal marijuana firms are now "doing the exact same thing and making a ton of money." She also said she would advocate for expunging heroin and cocaine possession convictions as part of a progressive approach to handling problematic drug use. "If we recognize substance abuse disorder as a health condition, then we must modify our justice system to treat it as such," Foxx said. "Criminalizing health is not in the interest of public safety."

Higher Education

Congressional Spending Bill Restores Financial Aid for Students with Drug Convictions. The massive spending bill approved by both the House and Senate Monday would eliminate the provision that disqualifies some students from obtaining federal financial aid because of past drug convictions. It does so not with any new language, but simply by eliminating the clause in the law that created the drug provision and accompanying question on the Free Application for Federal Student Aid (FAFSA). The bill also restores Pell Grant eligibility to prisoners.

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