Drug War Chronicle #1144 - December 1, 2021

Chronicle Book Review: "Psychedelic Justice"

Chronicle Book Review: Psychedelic Justice: Toward a Diverse and Equitable Psychedelic Culture (A Chacruna Anthology) by Beatriz Labate and Clancy Cavnar, eds. (2021: Synergetic Press, 237 pp., $19.95 PB)

The world and culture of psychedelics is undergoing rapid change. From the decriminalization of entheogenic plants in various US locales to the rise of ayahuasca tourism in the Amazon, from the stunning advances in psychedelic-assisted therapies to the equally stunning gusher of corporate capital investment in potential psychedelic gold mines, the Psychedelic Renaissance is most definitely upon us.

But as psychedelics come in from the cold, psychedelic culture is increasingly feeling growing pains, with any number of conundrums, controversies, and contradictions. How does Indigenous knowledge and practice of sacred plant medicines (ayahuasca, peyote, psilocybin mushrooms) translate into Western medical science? How does a scene dominated by straight White guys move toward diversity and equity? How can psychedelics retain their transformative power if and when they become commodified corporate products? And how can the movement deal with sleazy -- if not downright criminal -- operators in its midst?

Who better to tackle these issues than the good folks at the Chacruna Institute of Psychedelic Plant Medicines? Founded by Brazilian anthropologist and anthology co-editor Beatriz (Bia) Labate, the institute "produces high-quality research on plant medicines and psychedelics and helps propagate academic knowledge in more accessible formats," according to its web site. It also tries to bridge the gap between traditional ceremonial use and clinical and therapeutic settings and seeks to "foster cultural and political reflections on the field of psychedelic science and facilitate conversations about controversial topics that have been simmering on the sidelines as psychedelics go mainstream."

Edited by Labate and Chacruna co-founder and board member psychologist Clancy Cavnar, Psychedelic Justice is one of the fruits of those labors, and boy is it juicy! One could be forgiven for assuming a tome such as this would be dry and tendentious, but one would be mistaken. Some 30 contributors from across the psychedelic specturm take on the heavy questions surrounding the realm, and they do so with verve and flair. The pieces are almost uniformly passionate, provocative, and insightful, and they dig down deep into the issues percolating in the psychedelic space.

The book is divided into thematic sections -- Inclusion, Diversity, and Equity; Perspectives on Cultural Appropriation, Colonialism, and Globalization of Plant Medicines; Psychedelics and Western Culture; Queer; Sex and Power; and Sustainability, Policy and Reciprocity -- with multiple authors and points of view in each section. Although diverse viewpoints are represented, the contributors are collectively members of the broad psychedelic community and appear united in wanting to not lose that underlying transformative potential that so characterizes psychedelics and differentiates them from other classes of drugs.

Whether it is a critique of psychedelic-assisted psychotherapy (like psychotherapy in general) as too invested in the individual dealing with his problems to take on the social causes of those problems, a skeptical examination of the burgeoning psychedelic conference scene, or a jeremiad against the failures of "White feminism," Psychedelic Justice and its contributors are down for radical cultural transformation.

And that includes some form of policing the burgeoning commerce in psychedelics. Whether its is abuses and neglect in the unregulated ibogaine treatment industry or the predatory practices and sexual exploitation of clients by some ayahuasca shamans (both traditional and neo-), Psychedelic Justice demands the community find a way to weed out such behavior. Sexual abuse by therapists is bad enough; sexual abuse by therapists while clients are under the influence of powerful mild-altering drugs is potentially even more shattering.

One nit I want to pick is that the book's emphasis is overwhelmingly on spiritual and/or therapeutic use. There is little discussion of issues surrounding recreational use, and it almost seems as if some contributors think using merely to enjoy the psychoactive effects is not worthy. But I would wager that the vast majority of psychedelic drug users are not doing so primarily for spiritual or therapeutic purposes, but because they enjoy the sensations. I could be wrong, though.

Still, Psychedelic Justice is an invaluable contribution. It demands to be read by anyone who claims to have an interest in psychedelics, plant medicines, or, more broadly, social justice under capitalism. It will provide you with plenty to ponder.

back to top

This Week's Corrupt Cops Stories

A meth-cooking New Jersey cop gets himself in trouble, a southern California sheriff's deputy gets caught trying to frame a woman for meth, and more. Let's get to it:

In Freehold, New Jersey, a former Long Brach police officer pleaded guilty November 16 to running a meth lab in his home. Christopher Walls, 50, went down after police were called to a domestic disturbance at his home "and someone there told officers about it." A state police hazmat team then searched the residence and found meth-making equipment and precursor chemicals, as well as meth-making manuals and books about explosives and poisons. He pleaded guilty to one count of manufacturing a controlled dangerous substance and to one count of causing a risk of widespread injury. He is looking at up to 10 years in state prison when he is sentenced in January.

In Ventura, California, a former Ventura County Sheriff's deputy pleaded guilty on November 17 to throwing out a drug test that exonerated a woman he had detained on suspicion of using methamphetamine. Then-Deputy Richard Charles Barrios III was on patrol in November 2019 when he stopped a woman for an alleged traffic violation and suspected she was under the influence of meth. She vehemently denied it, and Barrios then told her if she provided a urine sample at a nearby police station and tested negative, he would apologize and drive her back to her car. But after viewing the test results, Barrios threw the test kit in the garbage and refused to tell her the results, instead telling his supervisor the woman had refused a drug test and beginning to book her into the jail. But the woman told another deputy Barrios had refused to tell her the results, and when that deputy retrieved the test kit from the garbage, it registered negative. The woman then submitted to and passed a second urine test, whereupon she was then released. An investigation began immediately, resulting in Barrios pleading guilty to one felony count of destroying physical matter.

In Birmingham, Alabama, a former state Department of Corrections officer was sentenced November 17 to 87 months in federal prison for trying to smuggle 497 grams of methamphetamine into a state prison in Bessemer. Gary Charles Dixon, 36, had pleaded guilty to unlawful possession with intent to distribute methamphetamine in a state prison and one count of distribution of 50 grams or more in July. He went down after a DEA investigation.

In Doylestown, Pennsylvania, a Bucks County corrections officer was sentenced November 20 to up to four years in state prison for being part of a drug-smuggling conspiracy inside the Bucks County Correctional Facility. Joseph Jennings, 33, was among nine people charged in June 2020 in a scheme to smuggle Suboxone strips into the jail after investigators found he had smuggled the drug into the jail on multiple occasions between October 2018 and July 2019. He pleaded guilty to contraband and criminal conspiracy and was sentenced the same day.

back to top

OR Has Another $270 Million for Drug Treatment Programs, Germany to Legalize Marijuana, More... (11/19/21)

Germany is moving to legalize marijuana, DC is moving to legalize marijuana sales, and more.

Marijuana Policy

DC Council Holds Hearing on Legal Marijuana Sales Bill. The DC Council on Friday held its first public hearing on a bill to legalize the sale of marijuana in the District. Marijuana has been legal in the District since voters approved Initiative 71 in 2014, but not sales, which has instead emerged as a sort of gray market via the practice of "gifting" marijuana. There is widespread support for legalizing sales, from Mayor Muriel Bowser (D) to members of the Council. That would require ending a six-year-old congressional prohibition on sales, which Democrats are already moving to repeal, but which may not happen this year. And then there's the possibility that Republicans can take back control of the House next year and reinstate the ban. But at the Council, the debate is now underway.

Drug Testing

Survey: Nearly One-in-Ten Employers Dropping Drug Testing Requirements to Attract Workers. A survey of some 45,000 employers in North America and Europe finds that about one out of 10 are dropping drug testing requirements as a way to attract new hires and keep current employees. Nine percent of those responding said they had "eliminated job screenings or drug tests" as a way to either attract or keep their employees. Sixty-nine percent of respondents acknowledged experiencing "difficulty" in filling staffing positions in the current job market, a 15-year high. The increasing number of states that have legalized marijuana is also having an impact, with Amazon dropping pre-employment marijuana testing in June, and a number of cities and states have enacted policies restricting testing for marijuana.

Drug Treatment

Oregon Set to Spend $270 Million on Drug Treatment Centers as Part of Decriminalization Law. The state Oversight and Accountability Council, created as part of the successful Measure 110 drug decriminalization initiative passed last November, is set to distribute $270 million to groups treating people addicted to drugs. The council has now opened the grant process for groups to seek a share of those funds, which come from legal marijuana tax revenues as mandated by Measure 110. Meanwhile, the council is continuing to craft rules for the new Behavioral Health Resource Networks to increase access to treatment and other services. "Our vision is that by funding BHRNs, there will be a collaboration of networks that include culturally and linguistically specific and responsive, trauma-informed and gender affirming care that will meet the needs of anyone seeking services who have been negatively affected by substance use and the war on drugs," said Oversight & Accountability Tri-chair LaKeesha Dumas.

International

German Coalition Parties Agree to Legalize Marijuana. The three parties set to form the country's next governing coalition have agreed to legalize marijuana and its sale. The Social Democrats, the Greens, and the Free Democrats are prepared to "introduce the regulated sale of cannabis to adults for consumption purposes in licensed stores," according to the coalition's health group's findings paper. Legalization would ensure quality control, protect minors, and prevent the distribution of contaminated products, the paper said. It is not clear, however, whether home cultivation will be allowed.

back to top

First Actual Fentanyl-Laced Marijuana Case -- Or Not? -- ICC Temporarily Suspends Philippines Probe, More... (11/22/21)

An Illinois judge rules the odor of raw marijuana is no longer a basis for a vehicle search, an Ohio move to legalize marijuana is nearing its signature-gathering goal, and more.

Marijuana Policy

Connecticut Health Officials Confirm First Actual Case of Marijuana Laced with Fentanyl. While scattered police departments have previously reported cases of marijuana laced with the powerful opioid fentanyl, those claims have never panned out. But now, top Connecticut health officials say it has turned up there. After nearly 40 cases of reviving apparent overdose victims with the opioid overdose reversal drug naloxone who reported using only marijuana since July, the state Department of Public Health announced last Thursday that it had found fentanyl in a marijuana sample it tested. "This is the lab-confirmed case of marijuana with fentanyl in Connecticut and possibly the first confirmed case in the United States," said DPH Commissioner Manisha Juthani, MD.

Is it what it seems? Harm reductionionists have posited on email lists that it is likely to be a case of surface contamination, and noted that fentanyl requires a vaporize at different temperatures.

Illinois Judge Rules Smell of Marijuana No Longer Provides Basis for Vehicle Search. A district court judge in Whiteside County has ruled that the odor of raw marijuana alone does not provide probable cause for a warrantless search of a vehicle. Possession of up to an ounce of marijuana has not been a criminal offense since June 2019, but police officers continued to use the smell of weed as a reason to search vehicle during traffic stops. But Judge Daniel P. Dalton ruled that "there are a number of wholly innocent reasons a person or the vehicle in which they are in may smell of raw cannabis." Judge Dalton ruled that "the court finds the odor of raw cannabis alone is insufficient to establish probable cause." This is only a district court opinion, and the state can appeal if it chooses.

Ohio Marijuana Legalization Petition Nearing Enough Signatures to Force Legislature to Act. The state Coalition to Regulate Marijuana Like Alcohol, which is pushing a signature-gathering campaign for an initiated statute that would force lawmakers to act on legalization or send the issue to a popular vote, says it is nearing the required 133,000 valid voter signatures to force the issue. If they reach that signature goal, the General Assembly would have four months to act on the proposal. If lawmakers fail to act or reject legalization, petitioners would then have to gather more signatures to send the issue to the voters in the next general election. The proposal would legalize the possession of up to 2.5 ounces of marijuana, set up a system of retail sales, and allow people to grow up to two plants of their own.

International

International Criminal Court Temporarily Suspends Probe into Human Rights Violations in Philippines Drug War. The chief prosecutor of the International Criminal Court (ICC) has temporarily suspended a formal investigation into human rights abuses during outgoing Philippine President Rodrigo Duterte's bloody war on drugs and drug users. The move comes after the Philippines government filed a request for deferral, saying its own investigations into drug war killings were underway.

"The prosecution has temporarily suspended its investigative activities while it assesses the scope and effect of the deferral request," ICC chief prosecutor Karim Khan wrote. Khan wrote that he would seek more information from the Philippines. Duterte pulled the Philippines out of the ICC in 2018 and had vowed that it would not cooperate with the ICC, but has allowed severely limited investigations into several dozen killings out of the thousands admitted by the government and the more than 30,000 claimed by human rights groups.

Those groups called on the ICC to get back to investigating Duterte: "We ask the ICC not to allow itself to be swayed by the claims now being made by the Duterte administration," said the National Union of People's Lawyers, which represents some victims' families. The national justice system is "extremely slow and unavailing to the majority of poor and unrepresented victims", the statement said. The Duterte government's claim that existing legal mechanisms could bring justice to Duterte's victims was "absurd," said Human Rights Watch. "Let's hope the ICC sees through the ruse that it is," said Brad Adam, HRW Asia director.

back to top

NY Marijuana Arrests Up in Smoke, TX MJ Poll, First SD MedMJ Patient Card, More... (11/23/21)

St. Louis aldermen move to end fines for marijuana possession and allow personal cultivation, New York marijuana arrests are declining dramatically, and more.

Marijuana Policy

New York State Marijuana Arrests Nearly Vanish After Legalization. Since marijuana became legal in the state in March, marijuana arrests have shrunk to extremely low levels. According to data compiled by the state Division of Criminal Justice Services, only 116 people were arrested on marijuana charges from April through October. In 2017, there were more than 28,000 pot possession arrests alone. By 2020, after lawmakers moved to reduce marijuana penalties, there were only 2,720 arrests. And now the state is on track to reduce that number by 90 percent this year.

Texas Poll Shows Strong Majority for Marijuana Legalization, Even Majority Support Among Republicans. A new poll from the University of Houston and Texas Southern University has support for marijuana legalization at 67 percent, with even 51 percent of Republicans in support. That Republican support number is important since Republicans control the state legislature, and polling like this could prod the party to get on board with the public. The poll also asked about legalizing other substances, such as meth and heroin, but found little support with only 16 percent in favor.

St. Louis Aldermen Move to Decriminalize Pot Possession, Cultivation. The city's Board of Aldermen voted last Friday to give preliminary approval to a measure to decriminalize marijuana in the city. The measure needs one more vote by the board to go into effect. Under the proposed ordinance, people 21 and over could possess up to two ounces without any penalty. The ordinance also mandates that "no resources" be spent to punish adults for growing up to six plants. The measure also has the support of Mayor Tishaura Jones (D), whose office said the "intention is to free up police resources so they don't even have to worry about arresting someone for a victimless crime." In 2018, the board voted to make pot possession a civil infraction with a maximum $25 fine.

Medical Marijuana

South Dakota Medical Marijuana Program Issues First ID Cards. The state has issued its first medical marijuana ID cards, the state Health Department's Medical Cannabis Program announced last Friday. The first card issued went to a resident of Day County. "Today marks the culmination of months of hard work in preparation for the kickoff of a responsive and efficient medical cannabis program for eligible South Dakotans," said Geno Adams, Medical Cannabis Program Administrator. "In the months ahead, we will continue to ensure that patients and their caregivers, can continue to obtain medical cannabis permits in accordance with their written certifications."

Patients, caregivers, and medical providers who wish to get more information on how to participate in South Dakota's medical cannabis program can visit: MedCannabis.sd.gov. The site features a "Frequently Asked Questions' section, as well as a section for establishments, that is continuously updated by the Department. All patients and caregivers who apply and are issued a medical cannabis card will also receive a flyer with helpful tips on the importance of safe and responsible storage of their medical cannabis at their homes. To view the flyer, click here.

back to top

SD MJ Legalization Init Thrown Out, New Zealand Legalizes Drug Checking, More... (11/24/21)

A federal jury finds major drugstore chains culpable in two Ohio counties' opioid crisis, St, Louis decriminalizes marijuana possession, and more.

Marijuana Policy

South Dakota Supreme Court Throws Out Voter-Approved Marijuana Legalization Initiative. The state Supreme Court ruled Wednesday that the voter-approved Amendment A marijuana legalization initiative violates the state constitution because it violated a provision limiting constitutional amendments to one subject. The court held that encompassing medical marijuana and recreational marijuana as well as setting out a taxation and regulatory structure made the amendment too broad to be considered a single subject.

While the ruling derails legalization for now, it may not be derailed for long. South Dakotans for Better Marijuana Laws, the group behind Amendment A, is already undertaking a signature-gathering drive to get another, single-issue initiative on the 2022 ballot, and the state legislature has already committed to taking up marijuana legalization in the legislative session that begins in January.

St. Louis Decriminalizes Marijuana Possession. The city's Board of Alderman voted unanimously Tuesday night to repeal an ordinance making it illegal to possess 35 grams or less of marijuana, and to bar police from enforcing state and federal law against small amounts or paraphernalia. Mayor Tishaura O. Jones (D) says she will sign the bill as soon as it reaches her desk.

Opioids

Ohio Jury Finds Drugstore Chains Culpable in Opioid Crisis. A federal jury has found that three major retailers -- CVS, Walgreens and Walmart -- helped flood two Ohio counties with opioids, contributing to the area's opioid crisis. The two counties, Lake and Trumbull, argued that the pharmacies did not do enough to stop large quantities of opioids from reaching the black market, and the jury agreed. Two other pharmacy chains -- Giant Eagle and Rite Aid -- previously settled with the counties for undisclosed amounts.

The counties' attorneys estimated the opioid epidemic cost each one more than a billion dollars. "For decades, pharmacy chains have watched as the pills flowing out of their doors cause harm and failed to take action as required by law," the counties' legal team said. "Instead, these companies responded by opening up more locations, flooding communities with pills, and facilitating the flow of opioids into an illegal, secondary market. The judgment today against Walmart, Walgreens and CVS represents the overdue reckoning for their complicity in creating a public nuisance."

No mention was made about the need to protect chronic pain patients from the spillover effects from opioid crackdowns. In 2019, the US Centers for Disease Control issued a statement detailing ways in which its 2016 guidance on pain prescribing had been misapplied to harmfully restrict patients' access to pain medications.

International

New Zealand Becomes First Country to Legalize Drug Checking. With a vote in parliament this week, New Zealand has made permanent and explicitly legal a pilot drug checking program. The pilot program approved last December was set to expire next month. The Health Ministry had recommended in April that the program be made permanent after data showed high percentages of people who took advantage of the drug checks changed their behavior and better understood the potential harms. The bill creates broad legal protections for people offering and using drug checking services.

back to top

MA Poll Finds Public Happy with Legal Weed, Mexico Senate Moving on Marijuana Legalization, More... (11/26/21)

Pennsylvania medical marijuana regulators take aim at vape products, Mexican cartel violence flares in Sonora and Zacatecas, and more.

Marijuana Policy

Massachusetts Poll Finds Majority Think Marijuana Legalization Has Been a Good Thing. Five years after voters approved legal weed, a new University of Massachusetts Amherst/WCVB poll shows strong continuing support for marijuana legalization in the Bay State. The poll found 61% of respondents said legalization has been a net positive for the state, 25% said it was neither positive nor negative, and only 13% said it was negative. "This poll also shows that legalization is reducing the stigma historically associated with cannabis, which will only enable the Commission to continue making headway on efforts to ensure full participation in this industry by disproportionately harmed communities," Cannabis Control Commission Chairman Steven J. Hoffman said in a statement. "Our work is far from done, and my colleagues and I will continue to be vocal about the solutions that are needed to ensure Massachusetts meets its equity mandate."

Medical Marijuana

Pennsylvania Regulators Order Review of Medical Marijuana Vape Products. The state Health Department has ordered a review of "all vaporized medical marijuana products containing additional ingredients." Growers and processors licensed by the state must submit samples of vape products containing "anything that alters the dosage level, color, appearance, smell, taste, effect or weight of the medical marijuana." The department is also warning against additives not yet approved by the FDA: "If you are producing any vaporized medical marijuana products that contain additional ingredients that are not approved by the (U.S. Food and Drug Administration) for inhalation, you MUST recall these products pursuant to 28 Pa. Code 1151.42(c)." But the Pennsylvania Cannabis Coalition, representing medical marijuana licensees said the vape products had already won state approval.

International

Mexico Draft Marijuana Legalization Bill Being Circulated. A draft marijuana legalization bill is now being circulated among senators, with a top lawmaker saying a vote could come by December 15. The bill has yet to be formally introduced, but the draft is largely similar to the bill the Senate passed late last year. The Supreme Court three years ago held that the prohibition of marijuana possession and cultivation was unconstitutional, but the Congress has repeatedly failed to meet court deadlines to implement legalization, leading the court last year to vote to end criminalization on its own. But that still leaves the need for a structure for legal marijuana markets unmet and that's what the politicians are struggling with.

Mexico Cartel Violence Continues to Plague North Central States. Even though the country's murder rate -- largely driven by prohibition-related violence -- is finally set for a slight decrease this year, clashes between rival drug trafficking and other criminal organizations continue talking a toll, most recently in the states of Sonora and Zacatecas. Authorities in Sonora announced Wednesday they had found 14 clandestine graves outside of the state capital of Hermosillo. They noted that each pit should contain at least one -- if not more -- bodies. In Sonora, there is a three-way battle for control among the Sinaloa cartel, allies of the Jalisco cartel, and a faction allied with fugitive drug lord Rafael Caro Quintero. Meanwhile, in Zacatecas, three more bodies were found hanging from bridges in the town of San José de Lourdes Tuesday. That comes just a week after 10 more bodies -- nine hanging from bridges -- were found in Ciudad Cuauhtemoc. The Sinaloa and Jalisco cartels are vying for control of that state, too. On Wednesday, the Mexican army said it was sending nearly 3,500 soldiers and National Guard members to the state to perform law enforcement functions.

back to top

FL Decrim Bill, UAE Drug Reform, Guide for Psychedelic Churches, More... (11/29/21)

The Chacruna Institute releases a guide for psychedelic churches, the Justice Department says the Bureau of Prisons short-changed up to 60,000 First Step Act prisoners on their earned-time credits, and more.

Marijuana Policy

Kentucky Lawmaker Pre-Files Marijuana Legalization Bills for 2022. State Rep. Nima Kulkarni (D) announced Monday that she is pre-filing two parallel bills to legalize marijuana. One bill would proceed along the statutory legislative route, while the other would ask legislators to approve a constitutional amendment to legalize marijuana, which would then go before the voters. "I am sponsoring these bills for several reasons, any one of which should be enough for them to become law," Kulkarni said. "First, current cannabis statutes have needlessly and tragically ruined many lives, especially people of color who have suffered because of unequal enforcement. Second, thousands of citizens, from cancer patients to veterans suffering from PTSD, should have the right to use something that gives them the mental and physical relief they deserve without relying on stronger, potentially addictive medicine. Third, cannabis decriminalization would give the state a much-needed source of reliable revenue without raising current taxes a single cent."

Psychedelics

Chacruna Institute Releases Guide to Religious Freedom Restoration Act and Best Practices for Psychedelic Plant Medicine Churches. The Chacruna Institute for Psychedelic Plant Medicines has released its comprehensive Guide to RFRA and Best Practices for Psychedelic Plant Medicine Churches. This free publication aims to inform churches using psychedelic plant medicine as a sacrament on how to better establish their operation and rights under the Religious Freedom Restoration Act (RFRA).

"This Guide is written to simply explain the laws and basic information needed by a psychedelic plant medicine church to make informed decisions and understand its rights and risks by operating in the United States," said Allison Hoots, member of Chacruna's Council for the Protection of Sacred Plants. The guide is a comprehensive resource on the Religious Freedom Restoration Act (RFRA) and how a church using psychedelic plant medicine as sacrament can be informed by the law in terms of its operation and establishing its rights under RFRA. Download it here.

Drug Policy

Florida Lawmaker Introduces Bill to Decriminalize All Drugs. State Rep. Dotie Joseph (D) has filed a drug decriminalization bill, the "Collateral Consequences of Convictions and Decriminalization of Cannabis and All Drugs Act" (House Bill 725). The bill would make possession of up to an ounce of marijuana a violation punishable by no more than a $50 fine and automatically expunge past arrest and conviction records if the offense is more than a year old. The bill adds that the legislature prioritizes "rehabilitative health intervention in lieu of criminalization for personal usage of controlled substances, including but not limited to stimulants including cocaine, methamphetamine, opioids, heroin, fentanyl, depressants or benzodiazepines, and other addictive controlled substances." To that end, charges "associated with the personal usage and possession of controlled substances that do not involve production, distribution or sale shall be decriminalized in favor of civil fines and referral for drug rehabilitation."

Sentencing

Justice Department Finds Federal Bureau of Prisons Failed to Apply Earned Time Credits to First Step Act Prisoners. Justice Department Inspector General Michael Horowitz has released a report charging that the Bureau of Prisons (BOP) failed to properly credit up to 60,000 federal prisoners with time served under the First Step Act's recidivism programs. "We are concerned that the delay in applying earned time credits may negatively affect inmates who have earned a reduction in their sentence or an earlier placement in the community," Horowitz wrote in the report. Under the First Step Act, inmates who completed a recidivism program could receive time-served credit, but the BOP told the inspector general the credits were not applied becausethey "must be negotiated with the national union because it would create changes to conditions of employment, including determinations and application of earned time credits for inmates, for Unit Team staff working in BOP institutions who are bargaining unit employees," according to the report.

International

United Arab Emirates Enacts Drug Reforms. The United Arab Emirates (UAE) has dramatically amended its drug laws to allow for drug treatment instead of prison for first-time offenders. The new law mandates the creation of specialized treatment and rehabilitation units throughout the country, where judges can place offenders instead of in prison. The new law also changes the UAE's stance toward foreigners who get caught carrying food items or other products containing drugs (mainly marijuana). Under the old law, deportation was mandatory in such cases, but now people caught with such items will face no charges, but the items will be seized. The new law also increases penalties for some repeat offenders and imposes a mandatory minimum five-year sentence for anyone "who induced, incited or facilitated drug use for another person." The new law goes into effect January 2.

back to top

NYC Opens Nation's First Official Supervised Injection Sites, Toronto Moves Toward Drug Decrim, More... (11/30/21)

A pair of supervised injection sites are now operating in New York City, NORML issues a report on marijuana legislative victories in the states, and more.

Marijuana Policy

NORML Issues Report Highlighting 2021 State Legislative Victories. "State legislators in 2021 enacted over 50 laws liberalizing marijuana policies in more than 25 states, according to a report issued Monday by the National Organization of the Reform of Marijuana Laws (NORML)," the group said in a blog post. "Specifically, legislatures in five states -- Connecticut, New Jersey, New Mexico, New York, and Virginia -- enacted laws legalizing adult-use marijuana possession and regulating retail cannabis markets. These legislative victories mark a significant change from past years, when similar laws were primarily enacted via citizens' initiatives, not by legislative action. In total, 18 states -- comprising nearly one-half of the US population -- now have laws on the books regulating adult use marijuana production and retail sales. Many states also took actions facilitating the expungement or sealing of past marijuana convictions. Over the past several months, state officials have vacated an estimated 2.2 million marijuana convictions. Numerous states in 2021 also enacted legislation expanding medical cannabis access and stimulating greater diversity among licensed marijuana businesses."

Harm Reduction

New York City Opens Supervised Injection Sites. Supervised injection sites are now operating in East Harlem and Washington Heights -- a first for the city and the country. The two sites are already operating as needle exchanges. Mayor Bill de Blasio began calling for the harm reduction intervention in 2018, and on Tuesday, he and the city Health Department announced that "the first publicly recognized Overdose Prevention Center services in the nation have commenced."

"New York City has led the nation's battle against COVID-19, and the fight to keep our community safe doesn't stop there. After exhaustive study, we know the right path forward to protect the most vulnerable people in our city. And we will not hesitate to take it," de Blasio said in a statement announcing the move. "Overdose Prevention Centers are a safe and effective way to address the opioid crisis. I'm proud to show cities in this country that after decades of failure, a smarter approach is possible."

The sites are not operated by the city but by two nonprofits, New York Harm Reduction Educators and the Washington Heights Corner Project. City officials said they have had "productive conversations" with state and federal officials and believe the federal government will not interfere becauwe of "a shared sense of urgency" around record overdose deaths.

International

Toronto Moves Toward Drug Decriminalization. Canada's largest city is preparing to take the first step toward municipal drug decriminalization after the city's top health officer, Dr. Eilenn de Villa, recommended Monday that the board of health approve a request to the federal government to exempt city residents from criminal charges for small-time drug possession. "The status quo approach to the drug poisoning crisis is not working," the report said. "There is an urgent need for a comprehensive public health approach to drug policy that removes structural barriers to health care and social services, provides alternatives to the toxic drug supply, and enhances and expands services to improve the health and well-being of Toronto's communities."

De Villa is recommending that the board of health direct her to apply for the exemption by year's end. If the board does so, she will not need city council approval to move forward. It will then be up to Health Canada to approve or deny the exemption. The city of Vancouver sought a similar exemption in March, but Health Canada has yet to rule on that request. The plan has the support of the police and Mayor John Tory.

Bombay High Court Rules Blotter Paper Should Be Included When Weighing LSD for Charging Purposes. The High Court in India's largest city has ruled that the weight of blotter paper is an integral part of contraband seizures and the paper should be included when weighing LSD for charging purposes. "I have held that having regard to the findings in Hira Singh's judgment passed by the Supreme Court and the objective of the NDPS Act, blotter paper forms an integral part of LSD and the blotter paper will have to be considered for taking weight of the LSD. The impugned order is quashed and set aside," Justice Dere pronounced.

A lower court had ruled that the blotter paper should not be included when weighing the drug. Indian drug law says that possession of more than a tenth of a gram of LSD indicates a commercial quantity, but the weight of a single blotter weighed by authorities came in at more than six tenths of a gram, signifying that the courts would consider a single hit of blotter LSD to be evidence of intent to deal drugs.

In the US, the US Sentencing Commission has weighed in on the issue and come to the opposite conclusion: "In the case of LSD on a carrier medium (e.g., a sheet of blotter paper), do not use the weight of the LSD/carrier medium. Instead, treat each dose of LSD on the carrier medium as equal to 0.4 mg of LSD for the purposes of the Drug Quantity Table."

back to top