Drug War Chronicle #1141 - October 13, 2021

House Votes to End Federal Crack/Powder Cocaine Sentencing Disparity [FEATURE]

In an effort to undo one the gravest examples of racially biased drug war injustice, the House of Representatives voted Tuesday to end the federal sentencing disparity between crack and powder cocaine. HR 1693, the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act of 2021, passed on a vote of 361-66, demonstrating bipartisan support, although all 66 "no" votes came from Republicans.

Amidst racially tinged and "tough on drugs" political posturing around crack use in the early 1980s, accompanied by significant media distortions and oversimplications, Congress passed the Anti-Drug Abuse Act of 1986, cosponsored by then-Senator Joe Biden (D-DE) and signed into law by Ronald Reagan. Under that bill, people caught with as little as five grams of crack faced a five-year mandatory minimum sentence, while people would have to be caught with 500 grams of powder cocaine to garner the same sentence.

While race neutral on its face, the law was disproportionately wielded as a weapon against African-Americans. Although similarly small percentages of both Blacks and Whites used crack, and there were more White crack users than Black ones, Blacks were seven times more likely to be imprisoned for crack offenses than Whites between 1991 and 2016. Between 1991 and 1995, in the depths of the drug war, Blacks were 13 times more likely to be caught up in the criminal justice meat grinder over crack. And even last year, the US Sentencing Commission reported that Black people made up 77 percent of federal crack prosecutions.

After years of effort by an increasingly broad alliance of drug reform, racial justice, human rights, religious and civic groups, passage of the 2010 Fair Sentencing Act took a partial step toward reducing those disparities. The FSA increased the threshold quantity of crack cocaine that would trigger certain mandatory minimums -- instead of 100 times as much powder cocaine than crack cocaine needed, it changed to 18 times as much. The 2018 FIRST STEP Act signed by President Trump allowed people convicted before the 2010 law was passed to seek resentencing. And now, finally, an end to the disparity is in sight.

Reform advocates praised the bill's passage in the House.

"After the murder of George Floyd, it was obvious that we as a country needed to work harder to stamp out racial discrimination in our justice system," Kevin Ring, president of Families Against Mandatory Minimums (FAMM), said in a statement after the vote. "Eliminating the crack-powder disparity, which has disproportionately and unfairly harmed Black families, was an obvious target. Today's huge bipartisan vote reflects the overwhelming public support for eliminating the crack disparity. We hope the Senate acts quickly to remove this 35-year-old mistake from the criminal code."

"For 35 years, the sentencing disparity between crack and powder cocaine, based on neither evidence nor science, has resulted in higher sentences that are disproportionately borne by Black families and communities. We applaud the House for passing the EQUAL Act, which will finally end that disparity, including for thousands of people still serving sentences under the unjust disparity who would now have the opportunity to petition courts for a reduced sentence," ACLU senior policy counsel Aamra Ahmad said in a statement.

"Congress should continue to work to end the war on drugs, including ending mandatory minimum sentences that disproportionately impact communities of color while failing to make us safer. Now that the House has taken this important action on the EQUAL Act, the Senate must quickly follow suit and finally end this racially unjust policy," she added.

The Senate version of the bill is S. 79, introduced by Senator Cory Booker (D-NJ) and cosponsored by fellow Democrat Dick Durbin (IL) and GOP Senators Rand Paul (KY), Rob Portman (OH), and Thomas Tillis (NC). After the vote, they prodded their Senate fellows to get moving.

"Today, House Republicans and Democrats joined together in passing the EQUAL Act, legislation that will once and for all eliminate the unjust federal crack and powder cocaine sentencing disparity," the bipartisan group said in a joint statement. "Enjoying broad support from faith groups, civil rights organizations, law enforcement, and people of all political backgrounds, this commonsense bill will help reform our criminal justice system so that it better lives up to the ideals of true justice and equality under the law. We applaud the House for its vote today and we urge our colleagues in the Senate to support this historic legislation."

The bill has the support of President Biden, who endorsed it June, but faces uncertain prospects in the Senate, as it needs at least ten Republican votes to not fall victim to a filibuster. Senator Charles Grassley (R-IA), who has shepherded sentencing reform bills through previously as Judiciary Committee chairman and is still the committee's top Republican, has spoken discouragely about the prospects. Still, the cause of criminal justice reform is one of the few areas where bipartisan deals are possible in Washington these days, and the current Congress is a long way from over.

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CA Governor Signs Bill Rolling Back Mandatory Minimums for Some Drug Offenses [FEATURE]

California Governor Gavin Newsom (D) on Tuesday signed into law a bill that ends mandatory minimum sentencing for certain drug sales offenses, a vestige of harsh drug war policies enacted in the 1980s. The bill, Senate Bill 73, leaves in place upper penalties but now judges will have the discretion to sentence offenders to probation or other alternatives.

The law the bill replaces required not only mandatory minimum sentences for some sales offenses, but also barred judges from granting probation to people with a second drug offense, even for personal possession, and even some people with a first drug offense.

For example, under the old law, people convicted of possession for sale of cocaine, heroin or meth faced a mandatory minimum two-year sentence, and people convicted of transportation for sale of those drugs looked at a mandatory minimum three-year sentence. Offenses such as growing peyote or forging a prescription also triggered mandatory minimums.

"Our prisons and jails are filled with people -- particularly from communities of color -- who have committed low-level, nonviolent drug offenses and who would be much better served by non-carceral options like probation, rehabilitation and treatment," said bill sponsor Senator Scott Wiener (D-San Francisco) in a statement. "The racist, failed War on Drugs has helped build our system of mass incarceration, and we must dismantle and end its vestiges, which are still in place today. War on Drugs policies are ineffective, inhumane and expensive. SB 73 ends mandatory minimum sentences for nonviolent drug offenses and gives judges more options to allow people to stay out of jail. It's an important measure that will help end California's system of mass incarceration."

"Mandatory minimums disproportionately affect people of color, many of whom may suffer from a number of pre-existing mental and health conditions," said bill cosponsor Assemblymember Wendy Carrillo (D-Los Angeles). "It is why judges must be able to evaluate crimes and grant probation when it is in the interest of justice, in the interest of public safety, and is consistent with the values of our communities. For these reasons I am proud to co-author SB 73."

The bill had the backing of a wide coalition of state and national organizations including Drug Policy Alliance, Families Against Mandatory Minimums, California Public Defenders Association, and drug treatment professionals. The only organized opposition came from law enforcement groups and the conservative California family council. It was the third time the legislature has tried to end mandatory minimum for drug offenses in recent years, and the third time was the charm.

"Mandatory drug sentences have been an expensive failure. They've separated families unnecessarily without making our communities any safer. Good riddance," said Kevin Ring, President of Families Against Mandatory Minimums (FAMM).

We are grateful to Senator Wiener and Assembly Member Carrillo for leading the fight to remove this antiquated and cruel policy that has allowed the drug war to tie judges' hands for far too long," said Jeannette Zanipatin, California State Director for the Drug Policy Alliance. "Forcing judges to send people to jail when they honestly believe that they and their communities would be better served with probation or other community services is incredibly counterproductive and fiscally irresponsible. We are thankful the legislature and Governor Newsom have realized this and are taking these important steps to set things right in California."

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Medical Marijuana Update

Mississippians are still waiting on that legislative special session to get medical marijuana approved, Nebraska activists have begun signature gathering for a linked pair of medical marijuana initiatives, and more.

Mississippi

Mississippi Governor Says Medical Marijuana Bill Needs Changes Before He Will Call a Special Session. Gov. Tate Reeves (R) said last Wednesday he will call a special session to get a medical marijuana bill passed "sooner rather than later," but said there are still details to be worked out and that a special session was likely weeks away, instead of this week as lawmakers had requested. "There is no update on exactly when, but I do anticipate we are going to have one sooner rather than later," Reeves said. "We are a long way towards getting a final agreement, but not all the way there yet," Reeves said. "At this point it's just a matter of working out the final details... things such as funding, an appropriation bill, what that would look like." The legislature is moving to implement the will of state voters as expressed in the 2020 elections, where a medical marijuana initiative was approved only to be overturned by the state Supreme Court on technical grounds.

Nebraska

Nebraska Advocates Launch Signature Drive for Medical Marijuana Ballot Measures. Activists organized as Nebraska Medical Marijuana on Friday rolled out a pair of medical marijuana initiatives, with signature gathering set to begin Saturday. Supporters will have until next July to gather the requisite number of signatures to qualify for the 2022 ballot. The effort comes after the Republican-led legislature has repeatedly blocked medical marijuana, and after the state Supreme Court blocked a medical marijuana initiative from the 2020 ballot even though it had met signature requirements. The court held that initiative violated the state's one-topic rule for initiatives. This time, activists have split the proposal into two initiatives -- the Medical Cannabis Patient Protection Act, which would protect patients and caregivers from prosecution, and the Medical Cannabis Regulation Act, which would set up a state regulatory system.

South Dakota

South Dakota Legislative Medical Marijuana Subcommittee Votes to Deny Will of Voters, Ban Patient Home Grows. The legislature's medical marijuana subcommittee voted 6-4 last Wednesday to make home marijuana cultivation by patients illegal. The voter approved medical marijuana initiative passed last November explicitly allowed for patient home cultivation, but lawmakers on the panel voted to overturn that part of the initiative in an effort initiated by state Rep. Fred Deutsch (R-Brookings). The subcommittee's vote is not final; its recommendations will now be taken up by the legislature's marijuana study committee.

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This Week's Corrupt Cops Stories

A pair of California cops who preyed on motorists gets indicted, a pair of Columbus, Ohio, cops who were peddling fentanyl get arrested, and more. Let's get to it:

In San Francisco, two former Rohnert Park police officers were indicted by a federal grand jury on September 22 for a scheme where they pulled over drivers on US Highway 101 and stole marijuana, cash, and property, allowing the drivers to go if they did not contest the seizures. Former Officers Brendan Jacy Tatum and Joseph Huffaker sometimes pretended to be agents of the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives. They also drove in unmarked cars without their body cameras and made traffic stops in areas outside their jurisdiction, targeting drivers headed south from California's Emerald Triangle marijuana growing region. Huffaker is charged with extortion under color of law and conspiracy to commit extortion under color of law. Tatum was also accused of tax evasion and falsifying records in the federal investigation. He had $400,000 in unexplained and unreported income in 2016, during the height of their rogue operation. The city of Rohnert Park has already paid out more than one million dollars to settle civil rights lawsuits filed by their victims.

In Leavenworth, Kansas, two former Leavenworth federal prison guards were arrested last Monday and Tuesday on charges they smuggled drugs into the prison. Jacqueline Sifuentes, 25, and Cheyonte Harris, 29, are accused of smuggling methamphetamine, marijuana, and other drugs into the prison, which she then sold to inmates. Harris is charged with conspiring to commit bribery and provide contraband and making false statements to federal agents, while Sifuentes is charged with conspiring to commit bribery and provide contraband, bribery, and providing contraband to an inmate. Harris is looking at up to 10 years in federal prison, while Sifuentes is looking at up to 40.

In Columbus, Ohio, two Columbus police officers were arrested last Wednesday for allegedly peddling pounds of fentanyl. Officers Marco R. Merino, 44, and John J. Kotchkoski, 33, were allegedly involved in the distribution of approximately seven and a half kilograms of fentanyl. Merino also allegedly accepted bribes to protect the transportation of cocaine. According to an affidavit filed in support of a criminal complaint, Merino allegedly tried to recruit a confidential informant to traffic drugs with him. Merino allegedly promised law enforcement protection to the individual and said he could intervene if other law enforcement agencies attempted to investigate the confidential informant. Merino is accused of accepting a total of $44,000 in cash in exchange for protecting the safe transport of at least 27 kilograms of cocaine. Unbeknownst to Merino, there was no actual cocaine and each of the transactions was controlled by federal law enforcement. Also, in June and August 2021, Merino allegedly distributed approximately seven and a half kilograms of fentanyl that Kotchkoski provided to him. It is alleged that Merino would make between $60,000 and $80,000 for the sale of the fentanyl. Both are charged with possession with intent to distribute 400 grams or more of fentanyl, and Merino is also charged with bribery.

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House Judiciary Committee Approves Marijuana Legalization Bill, SD Lawmakers Move to Ban MedMJ Home Grows, More... (9/30/21)

Mississippi's Republican governor says a special session to deal with medical marijuana is coming soon, a South Dakota medical marijuana subcommittee votes to undo the patient home grow provision approved by voters, and more.

Marijuana Policy

Congressional Committee Approves Federal Marijuana Legalization Bill. The House Judiciary Committee voted Thursday to approve the Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act (HR 3884), a bill that would federally legalize cannabis. The bill is sponsored by House Judiciary Committee Chairman Jerry Nadler (D-NY) and is a comprehensive federal cannabis reform bill that contains strong social equity provisions with an emphasis on restorative justice for communities most impacted by cannabis prohibition. The MORE Act passed the House last year but died in the Senate. This year, Senate Majority Leader Charles Schumer (D-NY), along with Sens. Ron Wyden (D-OR) and Cory Booker (D-NY) are working on their own legalization bill, the Cannabis Administration and Opportunity Act but have yet to release a final text.

Medical Marijuana

Mississippi Governor Says Medical Marijuana Bill Needs Changes Before He Will Call a Special Session. Gov. Tate Reeves (R) said Wednesday he will call a special session to get a medical marijuana bill passed "sooner rather than later," but said there are still details to be worked out and that a special session was likely weeks away instead of this week as lawmakers had requested. "There is no update on exactly when, but I do anticipate we are going to have one sooner rather than later," Reeves said. "We are a long way towards getting a final agreement, but not all the way there yet," Reeves said. "At this point it's just a matter of working out the final details... things such as funding, an appropriation bill, what that would look like." The legislature is moving to implement the will of state voters as expressed in the 2020 elections, where a medical marijuana initiative was approved only to be overturned by the state Supreme Court on technical grounds.

South Dakota Legislative Medical Marijuana Subcommittee Votes to Deny Will of Voters, Ban Patient Home Grows. The legislature's medical marijuana subcommittee voted 6-4 Wednesday to make home marijuana cultivation by patients illegal. The voter approved medical marijuana initiative passed last November explicitly allowed for patient home cultivation, but lawmakers on the panel voted to overturn that part of the initiative in an effort initiated by state Rep. Fred Deutsch (R-Brookings). The subcommittee's vote is not final; its recommendations will now be taken up by the legislature's marijuana study committee.

International

Bolivia Coca Grower Clashes Extend into Second Week. Coca growers fighting over control of the La Paz market of the Departmental Association of Coca Producers (Adepcoca) clashed among themselves and with police in the eight straight day of protests Wednesday. Even though neighborhood residents asked for "restraint," police once again used tear gas against demonstrators, who had set up explosives in the area. Residents have also marched with white flags to demand an end to the violence and formed barricades to block the entry of police and coca growers through various streets. The government has attempted to mediate the conflict, but does not see a solution to the conflict in the short term.

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NE MedMJ Initiatives Get Rolling, Temporary Fentanyl Analog Ban Extended, Ecuador Prison Riot, More... (10/1/21)

The city of Raleigh pays out to people framed and jailed on drug charges, civil rights and drug reform groups criticize the inclusion of fentanyl analog scheduling in a stopgap spending bill, and more.

Medical Marijuana

Nebraska Advocates Launch Signature Drive for Medical Marijuana Ballot Measures. Activists organized as Nebraska Medical Marijuana on Friday rolled out a pair of medical marijuana initiatives, with signature gathering set to begin Saturday. Supporters will have until next July to gather the requisite number of signatures to qualify for the 2022 ballot. The effort comes after the Republican-led legislature has repeatedly blocked medical marijuana and after the state Supreme Court blocked a medical marijuana from the 2020 ballot even though it had met signature requirements. The court held that initiative violated the state's one-topic rule for initiatives. This time, activists have split the proposal into two initiatives, the Medical Cannabis Patient Protection Act, which would protect patients and caregivers from prosecution, and the Medical Cannabis Regulation Act, which would set up a state regulatory system.

Drug Policy

Civil Rights, Drug Reform Groups Criticize Stopgap Spending Bill for Extending Schedule I Status for Fentanyl-Related Drugs. Civil rights activists and drug policy experts said Friday they were disappointed that the stopgap spending bill passed by Congress Thursday extends the temporary classification of fentanyl-related substances as Schedule I drugs. The measure would "disproportionately impact people of color through harsher criminal penalties and expand mass incarcertation," the groups said, calling for health-centered policies including expanded access to harm reduction and treatment.

Law Enforcement

Raleigh, North Carolina, to Pay $2 Million to People Framed on Drug Charges. The city of Raleigh has agreed to pay 15 plaintiffs $2 million to settle a federal civil right lawsuit that charged officers worked with a confidential informant to frame people on drug trafficking charges. The civil rights lawsuit filed in April sought policy changes and actual and punitive damages from the city of Raleigh, Officer Omar Abdullah and seven of his colleagues, including a sergeant and a lieutenant. The suit was filed by a dozen people who were arrested after the snitch claimed they sold him heroin, and in one case, marijuana, but the drug turned out to be fake. Lawyers for the plaintiffs warned the city that more is coming: "We have informed the City of at least six additional potential plaintiffs who were harmed by this scheme. These individuals are all women and children who were detained or had guns pointed at them during SWAT style raids of their homes," they wrote. "We intend to seek justice for them as well." The original 15 plaintiffs spent a collective 2 ½ years in jail before charges were dismissed.

International

Afghan Opium Prices Rise in Wake of Taliban Take Over, Fears of Ban. The price of opium has tripled in Afghanistan took over last month and announced a possible ban. Farmers at markets in Kandahar province reported the price surge. Buyers are anticipating an opium shortage because of the possible ban "and that's driven up prices," one farmer said. The Taliban banned opium in 2000 in a bid to cultivate Western support, but every year since then, Afghanistan has been the world's leading opium producer. That Kandahar farmer doesn't think the Taliban "can eradicate all opium in Afghanistan," but is enjoying the high prices.

Mexican Drug Cartel Struggle Leads to Deadly Ecuador Prison Riot. At least 116 inmates have been killed in the Litoral prison in Guayaquil in rioting this week linked to a bitter struggle between rival Mexican cartels over cocaine trafficking routes through the country. The prison gangs doing battle with each other with machetes, guns, and grenades inside the penitentiary are linked to either the Sinaloa or the Jalisco New Generation cartels. This is the third major outbreak of prison violence in the country this year, with 79 killed in gang fights in three prisons in February and 22 more killed at Litoral in July.

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Senators File Bill to Undo Supreme Court Decision on Crack Sentencing, CO Pot Tax Initiative, More... (10/4/21)

A bipartisan group of leading senators files a bill to ensure that low-level federal crack prisoners get the same shot at retroactive sentence reductions as other crack offenders, a Colorado initiative would increase pot taxes to fund educational programs for low-income kids, and more.

Marijuana Policy

Colorado Produced Almost Two Million Pounds of Legal Marijuana Last Year. According to a report just released by the state's Marijuana Enforcement Division, state-legal marijuana growers produced nearly two million pounds of weed last year. That was 25 percent higher than the 2019 figure. Recreational marijuana accounted for the bulk of weed produced, with 1.38 million pounds, while medical marijuana producers added and 449,000 pounds. Not surprisingly, 2020 also saw the highest marijuana sales since legalization, with nearly $2.2 billion worth of marijuana products sold.

Colorado Initiative Would Increase Marijuana Taxes to Pay for Educational Programs for Kids. When state voters go to the polls in November, they will have an opportunity to vote on whether to raise the state's recreational marijuana sales tax to pay for out-of-school educational programs for children between five and 17, with low-income kids being prioritized. Proposition 119 has already qualified for the ballot. It would increase the sales tax from 15 percent to 20 percent over a five-year period, starting with a three percent increased in 2022 and four percent in 2023. The goal is to raise $137 million a year for the programs.

Sentencing Policy

Senators Introduce Bill to Correct Supreme Court Ruling on Retroactivity of Crack Cocaine Sentencing Reform. A bipartisan group of senators including Dick Durbin (D-IL), Chuck Grassley (R-IA), Cory Booker (D-NJ) and Mike Lee (R-UT), have introduced the Terry Technical Correction Act, which clarifies that all offenders who were sentenced for a crack cocaine offense before the Fair Sentencing Act of 2010 can apply for its retroactive application under Section 404 of the First Step Act, including individuals convicted of the lowest level crack offenses.

Section 404 of the First Step Act allows crack cocaine offenders to request a sentence reduction pursuant to the Fair Sentencing Act. The Fair Sentencing Act, authored by Durbin, reduced the federal sentencing disparity between crack and powder cocaine from 100:1 to 18:1. In 2018, the four were the lead sponsors of the First Step Act, which made the Fair Sentencing Act retroactive. Earlier this year in Terry v. United States, the Supreme Court held that low-level crack offenders, whose conduct did not trigger a mandatory minimum penalty, do not qualify for resentencing under Section 404 of the First Step Act. The effect of this holding is that individuals convicted of the offenses with the lowest levels of crack cocaine are not eligible for retroactive relief, whereas others are.

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Seattle Psychedelic Decriminalization, OH Towns to Vote on Marijuana Decrim, More... (10/5/21)

The Philippine government tries to look like it is doing something about human rights abuses in its drug war, Bolivian coca grower factions continue to clash, Seattle decriminalizes natural psychedelics and more.

Marijuana Policy

Ohio Towns Will Vote on Marijuana Decriminalization Ballot Measures Next Month. Activists with NORML Appalachia of Ohio and the Sensible Marijuana Coalition have qualified marijuana decriminalization ballot initiatives for next month's ballot in more than a dozen municipalities, even as efforts to qualify in more communities continue. Voters in Brookside, Dillonvale, Laurelville, Martins Ferry, McArthur, Morristown, Mount Pleasant, Murray City, New Lexington, New Straitsville, Powhatan Point, Rayland, Tiltonsville, and Yorkville will have the chance to vote on the initiatives. Some of the 14 local measures read simply: "Shall [jurisdiction] adopt the Sensible Marihuana Ordinance, which lowers the penalty for misdemeanor marijuana offenses to the lowest penalty allowed by State Law?" Others are longer and more specific, but all aim to further undermine marijuana prohibition in the Buckeye State.

Psychedelics

Seattle Becomes Largest City to Decriminalize Psychedelics. The city council on Monday approved a resolution to decriminalize not just the cultivation and possession but also the noncommercial sharing of a wide range of psychedelic substances, including psilocybin mushrooms, ayahuasca, and non-peyote derived mescaline. The non-inclusion of peyote is a nod to concerns voiced by the indigenous community, where members of the Native American Church consume the cactus as a sacrament. Seattle police already have a policy of not arresting or prosecuting people for drug possession, but this ordinance extends that protection to people growing and sharing psychedelic plants and fungi for open-ended "religious, spiritual, healing, or personal growth practices." The ordinance passed on a unanimous vote.

Law Enforcement

DEA Agent Killed in Drug Sweep of Amtrak Train in Tucson. A DEA agent and a person on an Amtrak train stopped in Tucson were killed in an outburst of gunfire that broke out Monday morning as members of a joint drug task force conducted a drug sweep of the train. Another DEA agent was critically wounded, while a city police officer was also shot and is in stable condition. Two people on board the train reacted to the police presence, with one opening fire. "They were checking for illegal guns, money, drugs," Tucson Police Chief Chris Magnus said. "This is something they do, as I said, routinely at pretty much all transit hubs." Magnus said he did not know whether any guns or drugs were found by officers. One person is now in custody.

International

Bolivian Anti-Government Coca Growers Storm La Paz Coca Market. Following more violent clashes with security forces, thousands of anti-government coca growers stormed the Adepcoca market in La Paz on Monday. For more than a week, pro- and anti-government coca grower factions have clashed over control of the market, through which 90 percent of the country's legal coca passes, after pro-government coca unions ousted an opposition leader to take control of it. The anti-government faction is centered in the Yungas region, which is the traditional center of Bolivian coca production. Yungas growers have been upset with the ruling Movement Toward Socialism (MAS) Party since 2017, when then-President Evo Morales ended the Yungas monopoly on coca growing by legalizing coca production in his region of Cochabamba.

In Bid to Blunt International Criminal Court Investigation, Philippines Says 154 Police Could Be Liable for Drug War Conduct. Faced with a formal International Criminal Court (ICC) investigation into rampant human rights abuses -- including thousands of killings -- during President Rodrigo Duterte's bloody war on drugs, Filipino Justice Secretary Menardo Guevarra announced Sunday that 154 police officers could be criminally liable for their conduct in the drug war, including 52 cases of killings. The Philippine government is refusing to cooperate with the ICC probe, arguing that it is capable of policing itself, but the 154 officers who are listed as facing potential criminal liability represent only a tiny fraction of the killings that have taken place, of which the government officially acknowledges more than 6,000. Human rights groups have put the figure north of 30,000.

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Pennsylvania Marijuana Legalization Bill, MI Opioid Treatment Bills, More... (10/6/21)

A crack appears in Pennsylvania Republicans' opposition to legalizing marijuana, that DEA agent killed in Tucson on Monday died enforcing marijuana prohibition, and more.

Marijuana Policy

Pennsylvania Sees Bipartisan Effort to Legalize Marijuana. A Republican state senator has joined forces with a Democrat in a bid to garner bipartisan support for marijuana legalization. Senator Mike Regan (R) and Rep. Amen Brown (D) are teaming up on Regan's proposed bill, which would legalize marijuana, includes social equity provisions, and seeks to create a tax and regulatory structure for legal weed. Democratic politicians in the state, including Gov. Tom Wolf, have been calling for legalization, but the Republican-controlled legislature has so far resisted such entreaties. It's time for us to move forward in Pennsylvania," said Regan, a former US marshal who played a role in crafting the state's medical marijuana program. "If we can take the violence out of it and we can regulate it and tax it and let police focus on the really serious crimes, I think it's a huge step forward."

Opioids

Michigan House Committee Takes Up Opioid Treatment Expansion. The House Health Policy Committee has met to discuss several pieces of health-related legislation, including a pair of bills that would expand access to treatment for opioid use disorder, HB 5163 and HB 5166. "HB 5163 will expand capacity to treat opioid overdoses in emergency departments, a key interception point for people who use drugs where we see a high risk of overdose upon discharge," said bill sponsor Rep. Angela Witwer. The bill would allow emergency departments to provide medication-assisted treatment, create specific hospital overdose care protocols, and provide referrals to community-based care organizations. HB 5166 would increase access to the opioid overdose reversal drug naloxone by allowing community-based organizations to distribute the drug. Currently, under a 2016 standing order law, pharmacists can give the drug without a prescription, similar to an over-the-counter drug. No votes were taken on the bills.

Law Enforcement

DEA Agent Killed in Tucson Was Enforcing Marijuana Prohibition. DEA Agent Michael Garbo, who was killed Monday in a shootout on an Amtrak passenger train in Tucson, died attempting to enforce federal laws against marijuana. The accused shooter, known only as D.T., opened fire on drug task force agents after they found 2.4 kilograms of marijuana, 50 packages of edibles, and "other marijuana and cannabis products," according to the court documents. D.T. and his partner, Devonte Okeith Mathis, were targeted by the DEA, whose agents were given a list "that contained names of several individuals on an Amtrak train that was arriving in Tucson" as part of their routine investigative activities. Task force officers saw Mathis move several bags a few rows away from where he and his partner were sitting, then took the bags off the train to inspect them and found marijuana. When agents then attempted to approach D.T., he opened fire, killing Garbo and wounding another DEA agent and a Tucson police officer. D.T. was then fatally shot.

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NY Governor Signs Package of Bills Aimed at Curbing OD Crisis, CA Governor Signs Hemp Regulation Bill, More... (10/8/21)

Another poll has two-thirds support for freeing the weed, Oklahoma activists file initative petitions to legalize marijuana, and more.

Marijuana Policy

Yet Another Poll Finds Supermajority Support for Marijuana Legalization. A new Harris Research poll has 66 percent of respondents supporting marijuana legalization, with millennials (79 percent) and Generation X (76 percent) being the most supportive. For Baby Boomers, slightly less than half supported legalization. The findings are in line with other recent polls showing a supermajority for legalization.

Oklahoma Activists File Marijuana Legalization, Medical Marijuana Regulation Initiative Petitions. Activists organized as Oklahomans for Responsible Cannabis Action have filed a pair of petitions related to marijuana policy. Question 817 would legalize marijuana for people 21 and over, while Question 818 would replace the Oklahoma Medical Marijuana Authority with a stand-alone agency. The group now has 90 days to come up with 178,000 valid voter signatures in order to qualify for the November 2022 ballot.

Hemp

California Governor Signs Hemp Regulatory Bill. Governor Gavin Newsom (D) on Thursday signed into law Assembly Bill 45, which creates a comprehensive regulatory framework for the manufacture and distribution of hemp-derived products in the nation's most populous state. The bill allows for the sale of smokeable hemp products, as well as hemp-infused foods and drinks. The bill should also provide clarity to consumers, reassuring them that products are independently tested and properly labeled. Because the law was passed as an emergency measure, it goes into effect immediately.

Opioids

New York Governor Signs Package of Bills Aimed at Blunting Overdose Crisis. Governor Kathy Hochul (D) on Thursday signed into law a package of bills designed to ease the overdose epidemic in the state. One bill eases access to the opioid overdose drug naloxone, another allows for the use of medication-assisted treatment in state prisons, a third decriminalizes the sale and possession of needles and syringes, a fourth creates an online directory of naloxone distributors, and the fifth creates a judicial diversion program for some felony offenders. "Addiction can impact any family, suddenly and harshly - those who find themselves trapped in a vicious cycle are there through no fault of their own," Governor Hochul said. "This is a personal battle for me and I am proud to be able to combat the opioid crisis by signing these bills into law. There is no shame in seeking help for substance use and I want to let all New Yorkers know that we are here for you. Treatment should always be accessible for those who need it."

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Booker & Warren Call on DOJ to Deschedule Marijuana; US & Mexico Meet to Forge New Relations on Crime & Drugs, More... (10/12/21)

California's governor vetoes a "contingency management" drug treatment bill, a pair of progressive senators call on the Justice Department to deschedule marijuana, and more.

Marijuana Policy

Booker, Warren Call on DOJ to Decriminalize Cannabis. Senators Cory Booker (D-NJ) and Elizabeth Warren (D-MA) sent a letter last Wednesday to Attorney General Merrick Garland urging the Department of Justice (DOJ) to decriminalize cannabis by removing the drug from the Federal controlled substances list. Under the Controlled Substances Act of 1970 (CSA), the Attorney General can remove a substance from the CSA's list, in consultation with the Secretary of Health and Human Services (HHS), based on the finding that it does not have the potential for abuse. Decriminalizing cannabis at the federal level via this descheduling process would allow states to regulate cannabis as they see fit, begin to remedy the harm caused by decades of racial disparities in enforcement of cannabis laws, and facilitate valuable medical research.

"While Congress works to pass comprehensive cannabis reform, you can act now to decriminalize cannabis," wrote Booker and Warren. "We urge the DOJ to initiate the process to decriminalize cannabis. Doing so would be an important first step in the broader tasks of remedying the harmful racial impact of our nation's enforcement of cannabis laws and ensuring that states can effectively regulate the growing cannabis industry, including by assisting small business owners and those most harmed by our historical enforcement of cannabis laws."

Drug Treatment

California Governor Vetoes Bill That Would Have Paid People to Stay Off Drugs. Governor Gavin Newsom (D) has vetoed a bill that would have made California the first state to embrace "contingency management," the drug treatment program in which users are paid money to stay sober, receiving increasing payments for each drug test passed. Such a program has been underway with military veterans for years, with research showing it is an effective way to get people off stimulants such as cocaine and methamphetamine, for which there are no pharmaceutical treatments available. Newsom had asked the federal government to allow the state to use federal tax dollars to pay for it through Medicaid, but still rejected Senate Bill 110 without explanation.

Foreign Policy

US, Mexico Meet to Restore Cross-Border Cooperation on Drugs, Crime. Leading Biden administration officials including Secretary of State Anthony Blinken, Homeland Security Secretary Alejandro Mayorkas, and Attorney General Merrick Garland met with their Mexican counterparts in Mexico City Saturday to try to create a new framework for cooperation on drugs, crime, and border issues. The high-profile meeting comes after months of quiet talks to rebuild relations that grew especially fraught after DEA agents arrested a retired former senior Mexican military officer for alleged links to drug traffickers. That prompted the Mexicans to demand -- and obtain -- his release and to pass a law limiting the involvement of the DEA inside Mexico. The new framework appears to signal a break with Plan Merida, the more than decade-old security agreement under which billions of dollars in US security assistance went to help Mexico fight drug traffickers, but which also saw drug-related killings rise to record levels.

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