Drug War Chronicle #1201 - December 21, 2023

What Are We Up to After 30 YEARS?

Dear reformer,

30 years ago this month, I sent the first bulletin to our fledgling email list. Our network in the 1990s was the first movement-wide structure for drug policy reform efforts online. You can read about our early work, and some of the directions it's taken us, in the history section of our About page.

We are still following some of those directions in the 2020s. One is our practice of identifying roles in the issue that are unfilled or underfilled, and for which we're able to bring something new or needed. But sometimes needs in a movement go unfilled because the movement's funders aren't focused on it.

That makes organizations like ours more dependent on supporters like you. Will you make a donation to our work today – or sometime before the end of this year – to help us continue doing work in drug policy reform that others aren't?

Right now, some of the underfilled or otherwise unfilled roles we play in the movement are these:

• Analyzing how the continuing prohibition of cannabis (marijuana) puts workers in danger by increasing the use of cash for purchases, at a time when people are using less cash, and using our findings to help pass reforms like Safe Banking that Congress could pass now. 
  
  We're not the only group trying to pass Safe Banking. But no one had studied what actually happens during cannabis retail robberies before we did, and that allowed some members of Congress to deprioritize the bill. Our research and our advocacy have made it harder to claim that fully legal banking access for cannabusinesses isn't a true worker safety issue. 
  
  We're also more focused than most players in the issue on what may be needed beyond the SAFER Banking Act to reduce cash prevalence. Our first paper was about what happened in Washington State; our second will take a national and state-by-state look. 
   
• Arguing the human rights case for justifying drug legalization (and particularly cannabis legalization) in the United Nations treaty system, despite problematic language for legalization in the drug treaties. Our assertion is that the global prohibitionist drug control systems inevitably leads to very serious human rights violations. But it's human rights that takes precedence over other issues, according to the UN Charter. So does the core purpose that the drug treaties state – but which they don't achieve very well – which is the well-being of humankind. 
  
  Our work at the UN has advanced this position in civil society, supported governments making similar arguments, and brought directly related issues to the attention of major media. We are returning to this thread of our work in 2024. 
   
• We are taking a "Modernizing Global Drug Policy" agenda to Congress, seeking to embed more of the key human rights, health and development concerns in drug policy into US foreign policy and diplomacy. Changes to the drug treaties are part of that, but there's a lot more. I can't share our legislative proposal publicly yet, but the issues you'll find on documents linked from our UN page suggest a lot of it. 
   
• We are championing advocacy for using international Rule of Law mechanisms, like the International Criminal Court and Magnitsky targeted sanctions against rights-abusing officials, to address serious human rights violations in the drug war around the world. We do this through a series of events we've held since 2017 at the Commission on Narcotic Drugs and other UN and international meetings, working with coalitions that support those kinds of programs, lobbying with allies on Capitol Hill, and even the occasional protest. 
  
  Much of our work in this area has dealt with the drug war in the Philippines, in which the former president instigated what's believed to have been more than 30,000 extrajudicial killings, and which has continued under the new president. But we also played a role encouraging allies to undertake a successful effort seeking US Magnitsky sanctions for killings in the Bangladesh drug war. Some of our work in this area has been very high profile, and plans are in the works right now for 2024. 
   
• We continue to publish the Drug War Chronicle newsletter. While reporting on drug policy is more extensive than it was 30 years ago, Drug War Chronicle is still the only daily source bringing all the key news on the full range of drug reform issues together in one place, and plays an important role for the most interested advocates and observers.

Your support will let us continue to play roles in the movement that are unfilled or underfilled, and make a needed difference both in cannabis policy reform and in efforts to end the larger war on drugs. If you donate to our educational 501(c)(3) nonprofit (link from our main donation form) before the end of the year, and if you're a US taxpayer, you can get a deduction on your taxes for 2023. Non-deductible donations to our 501(c)(4) nonprofit are also needed, for our lobbying work and for a share of our publishing costs.

Our donation forms let you make a one-time donation, or you can sign up to make your donation recurring, and it takes credit cards, PayPal or ACH. The donations section on our About page has info for how to donate by mail or give stocks instead.

Thank you for your new or continued support after these 30 years, and to those of you who have donated before.

Sincerely,

David Borden, Executive Director 
StoptheDrugWar.org 
P.O. Box 9853, Washington, DC 20016 
https://stopthedrugwar.org

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The Top Ten International Drug Policy Stories of 2023 [FEATURE]

Read Phil's 2023 top ten domestic drug policy stories here.

UN Human Rights Office Calls for Sweeping Drug Policy Reform, Considering Decriminalization and Regulation

A UN human rights report released in September calls for a shift from punitive measures to address the global drugs problem to the use of policies grounded in human rights and public health, arguing that disproportionate use of criminal penalties is causing harm.

The report from the UN High Commissioner for Human Rights urges states to develop effective drug policies, including by considering decriminalization of drug possession for personal use. "If effectively designed and implemented, decriminalization can be a powerful instrument to ensure that the rights of people who use drugs are protected," it says. But the report also suggests considering "tak[ing] control of illegal drug markets through responsible regulation, to eliminate profits from illegal trafficking, criminality and violence... [by] developing a regulatory system for legal access to all controlled substances."

"Laws, policies and practices deployed to address drug use must not end up exacerbating human suffering. The drugs problem remains very concerning, but treating people who use drugs as criminals is not the solution," said the UN High Commissioner for Human Rights, Volker Türk. "States should move away from the current dominant focus on prohibition, repression and punishment, and instead embrace laws, policies and practices anchored in human rights and aimed at harm reduction."

There has also been an increase in the use of the death penalty for drug-related convictions worldwide, contrary to international human rights law norms and standards. The recorded number of people executed for drug-related offenses more than doubled in 2022 compared to 2021, amounting to 37 percent of all executions recorded globally, the report states.

"The current overemphasis on coercion and control to counter drugs is fanning an increase in human rights violations despite mounting evidence that decades of criminalization and the so-called war on drugs have neither protected the welfare of people nor deterred drug-related crime," Türk said.

The report shows that an increasing number of countries across regions are adopting policies and practices that decriminalize drug use and treat drug usage as a public health and human rights issue, and applying evidence-based, gender-sensitive and harm reduction approaches. The High Commissioner called on states to build on this positive trend.

Afghanistan Opium Production Plummets After Taliban Ban, but Myanmar Opium Production More Than Makes Up Difference

For more than 20 years, Afghanistan has been the undisputed leader in global opium production. Not anymore. After regaining power in 2021, the Taliban announced a ban on opium production last year, and during the course of this year, it became clear that the ban was working -- sort of.

In April,the BBC traveled the country, consulted with farmers, government ministers, and experts, and used satellite analysis to report: "The Taliban leaders appear to have been more successful cracking down on cultivation than anyone ever has. We found a huge fall in poppy growth in major opium-growing provinces, with one expert saying annual cultivation could be 80% down on last year. Less-profitable wheat crops have supplanted poppies in fields -- and many farmers saying they are suffering financially."

In October, a satellite analysis of the Afghan opium crop by the geographic information services company Alcis estimated that opium cultivation has declined by 85 percent since the Taliban re-took power and decreed a ban on it.

Poppy cultivation was nearly half a million acres in 2022 but dropped below 75,000 acres this year, leading experts to describe the ban "as the most successful counternarcotics effort in human history." The key opium-producing province of Helmand saw a whopping 99 percent reduction in cultivation, while Farah saw a 95 percent reduction, and Nimroz saw a 91 percent reduction.

In November, the UN Office on Drugs and Crime (UNODC) reported that poppy cultivation dropped to just 26,700 acres this year, down from more than 500,000 acres in 2022, resulting in a 95 percent decrease in production and limiting supply to 333 tons.

While the ban has been successful in eliminating the poppy crop, it is having serious consequences for the population since opium production provided a livelihood for millions of Afghans and two-thirds of the population is already in need of humanitarian aid.

"Over the coming months Afghanistan is in dire need of strong investment in sustainable livelihoods to provide Afghan farmers with opportunities away from opium," said Ghada Waly, the executive director of UNODC. "This presents a real opportunity to build towards long-term results against the illicit opium market and the damage it causes both locally and globally."

And in December, the UNODC made it official: Afghanistan is no longer the world's largest opium producer, the agency reported. That title now goes to Myanmar, which produced an estimated 1,080 metric tons of opium this year, up 36 percent over the 790 metric tons produced last year. That is more than twice as much opium as Afghanistan produced.

Singapore Goes on Drug Execution Binge

The authoritarian city-state at the tip of the Malay Peninsula has some of the world's harshest drug laws and had been one of the world's leading drug executioners. It halted all executions during the coronavirus pandemic, but resumed them in 2022, sending 11 people to the gallows, all of them for drug offenses.

It has kept it up this year. In April, Singapore executed Tangaraju Suppiah, 46, for trafficking 2.2 pounds of pot despite an international outcry. Under Singapore law, trafficking more than 1.1 pounds of pot can garner a death sentence. Three weeks later, an unnamed 37-year-old Malay Singaporean was executed for trafficking about 3.3 pounds of pot.

In July, authorities hanged a 56-year-old man, Mohammed Aziz Hussain, after he was sentenced to death in 2018 for trafficking less than two ounces of heroin, and then hung a woman, Saridewi Djamani, 45, for trafficking slightly more than an ounce of heroin in 2018. She was the first woman executed in the country in 20 years. And in August, Mohamed Shalleh Abdul Latiff, 39, was hanged at Changi Prison for trafficking under two ounces of heroin. That brought the total number of drug offenders killed by the state since the end of the pandemic moratorium to 16.

Amnesty International called on the government to halt the executions: "It is unconscionable that authorities in Singapore continue to cruelly pursue more executions in the name of drug control," Amnesty's death penalty expert Chiara Sangiorgio said in a statement. "There is no evidence that the death penalty has a unique deterrent effect or that it has any impact on the use and availability of drugs. As countries around the world do away with the death penalty and embrace drug policy reform, Singapore's authorities are doing neither."

Both the UNODC and the INCB -- two UN bodies in charge of developing and monitoring drug policies -- have condemned the use of the death penalty for drug-related offenses and have urged governments to move towards abolition. Singapore is one of only four countries, alongside China, Iran and Saudi Arabia, where executions for drug-related offenses were confirmed in 2022.

Philippines Deals with Duterte's Dirty Drug War Legacy

It has been a year and a half since Rodrigo Duterte, the architect of a drug war that led to the killings of tens of thousands, left office, but his bloody legacy endures. His successor, Ferdinand "Bongbong" Marcos, the son of former dictator Ferdinand Marcos, has dampened Duterte's drug war but the killings continue -- albeit at a lower rate.

As Human Rights Watch reported in January, "Marcos, in public statements and in meetings with foreign leaders, has said he would continue the war against drugs policy that he inherited from his predecessor, Rodrigo Duterte, but would shift the focus to rehabilitating drug users. So far, the killings of alleged drug dealers and users continue, and needed reforms have not been made to existing drug rehabilitation programs. Rights groups and advocates of drug policy reform have criticized the existing programs as coercive and punitive, and said that they stigmatize drug users."

Things had not gotten any better by June, when Human Rights Watch reported that "police and their agents continue their drug war killings, although at a lower rate than during the Duterte administration." And according to data compiled by DahasPH, that lower rate had been reached before Duterte left office.

Duterte may be gone, but he is not forgotten, especially by the International Criminal Court (ICC), which began a probe of his drug war in 2018 but suspended that query in November 2021 at the request of the Philippines after the government there said it was conducting its own review. In January, the ICC reopened its investigation, with the ICC noting that it was "not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court's investigations. The various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the Court's investigation."

ICC investigations may or may not lead to trials. If, during investigations, the prosecutor finds sufficient evidence to prosecute, they must identify a suspect and request either an arrest warrant or a summons to appear. A group of pretrial judges ultimately decides whether a case should be brought to trial.

In the meantime, 2023 was a good year for former Senator Leila de Lima, who had been jailed ever since 2017 on bogus drug charges after she criticized Duterte's drug war. In May, she was acquitted on one of those bogus charges. In that one, Duterte accused her of taking bribes from drug gangs in prisons in the wake of her Senate investigation of his drug crackdown. That was the second charge on which she has been acquitted. A third charge remains pending, although critics of the campaign against her have called for it to be dropped. In December, she was granted bail after being held in prison for nearly seven years, after a judge found the evidence against her was not strong.

Amnesty International called on the Marcos administration to ensure De Lima's safety. "The government must now guarantee her safety, security and protection as she remains the target of vilification and threats," it said in a statement.

Colombia Moves Away from Drug War Orthodoxy

Leftist President Gustavo Petro took office in mid-2022 vowing to change his country's prohibitionist drug policies, and this year, he took steps on various fronts to that end.

He began the year with an announcement that his government would reduce forced coca eradication efforts. A new National Policy will reduce forced eradication efforts by 60 percent as the government experiments with alternative approaches to the coca cultivation problem. Police said they were unable to reach their 2022 goal because of blockades by grower communities that prevented the entry of eradicators.

Then, in February, Petro's National Narcotics Council, which is charged with implementing and evaluating the National Drug Policy over the next decade, said it was considering legalizing small coca plots. The move would be aimed at crops between six and 25 acres and seek to reduce the persecution of peasant producers for mixing illicit crops with their food crops. Police said they were unable to reach their 2022 goal because of blockades by grower communities that prevented the entry of eradicators.

Petro's government also took its reformist bent to the United Nations, joining with Bolivia to ask for the removal of coca from the list of prohibited narcotics. The two countries want the UN Commission on Narcotic Drugs (CND) to drop coca leaf from its list of prohibited substances and acknowledge the plant's traditional uses in Andean culture. And Vice President Francia Marquez used an address at the UN Permanent Forum on Indigenous Issues to call for coca leaf decriminalization in the country's indigenous territories.

The Petro government also made itself heard on the world stage outside of the UN. In September, working in conjunction with Mexico, led the 19 countries attending the Latin American and Caribbean Conference on Drugs in calling of a rethink of the war on drugs. "What I propose is to have a different and unified voice that defends our society, our future and our history and stops repeating a failed discourse," Petro said. He argued that it was wrong to look at drug control "as a military problem and not as a health problem in society."

Meanwhile, Petro's government has been engaged in peace talks with the leftist rebels of the ELN, who are involved in the drug trade but who seek a "temporary, nationwide cease-fire" and an agreement that includes "an alternative anti-drug policy that is no longer based on repression and war." The ELN has a presence in some 200 Colombian townships, mostly in areas of widespread coca cultivation and cocaine production. In August, the government signed a six-month truce agreement with the rebels.

More than 450,000 Colombians are estimated to have been killed in the multi-sided conflict that has gone on since the 1960s, much of it financed by the cocaine trade. The ceasefire is supposed to end attacks between guerrillas and Colombian security forces and can be extended in January if progress is made during peace negotiations.

Petro supports marijuana legalization and backed a bill to do so in the congress, but his supporters saw legalization rejected on a final Senate vote in June. Supporters tried again in the fall, only to see legalization sunk again in the Senate in December.

Also in December, Petro executive action to advance drug reform, issuing an executive order to reinstate drug decriminalization. His order applies to up to 30 grams of marijuana and five grams of cocaine. In doing so, Petro nullified an earlier decree from his predecessor, rightist Ivan Duque, that allowed police to pursue people for both consumption and possession of small quantities of drugs, even though Duque's degree clashed with a 1994 Constitutional Court decision mandating decriminalization.

Scottish Authorities Approve United Kingdom's First Safe Injection Site

In October, authorities in Glasgow approved the first safe injection site in the UK. Glasgow's Integration Joint Board, which consists of National Health Service representatives and council officials, issued the final approval days after Scotland's senior law officer said users would not be prosecuted for possessing drugs while at the facility and the Home Office in London said it would not interfere.

A safe injection site has been discussed for years to address the estimated 400-500 people injecting drugs in the city center but was only able to move forward after winning those key approvals.

There is an opening target date of next summer for what will be a three-year pilot program.

The safe injection site will be based at Hunter Street in the east end of the city alongside a clinic where 23 long-term drug users are currently prescribed pharmaceutical heroin. Users will be able to inject drugs at the Glasgow facility but not smoke them. Allowing smoking of illegal substances would run afoul of Scottish anti-smoking laws.

Scotland has the highest per capita drug overdose death rate in Europe and has seen more than a thousand people die of overdoses each year since 2020.

Thailand's Marijuana Reform Seesaw

In June 2022, the Thai government removed marijuana from the country's narcotics list, allowing people to grow all the weed they want and freeing more than 3,000 marijuana prisoners. But the law only legalized marijuana extracts containing less than 0.2 percent THC, meaning that while people can grow all the plants they want, consuming what they produce will remain technically illegal, as is the case with sales now.

But that did not stop the use and sale of full-potency marijuana. What began as a flowering of edibles and tinctures shops in mid-2022 had by the beginning of this year morphed into a full-blown recreational marijuana scene, with thousands of dispensaries of dubious legality and the government impotently warning a tide of marijuana tourists they were not welcome.

But a new government led by Prime Minister Srettha Thavisin took power in September vowing to pull back the reins and limit legalization strictly to medical marijuana. "The law will need to be rewritten," Srettha said. "It needs to be rectified. We can have that regulated for medical use only."

Srettha's Pheu Thai Party ran a hardline anti-drug campaign and vowed to undo decriminalization, but his party is part of an 11-party governing coalition, and some of his partners have different ideas. One partner party, for example, wants tighter control over the industry but not reverting to classifying the plant as a drug.

Thailand was the first Asian country to free the weed, but now the pendulum appears to be swinging in the other direction. Perhaps 2024 will be the year it all gets settled.

Luxembourg Legalizes Home Marijuana Cultivation and Possession

In June, lawmakers approved a bill allowing Luxembourgers to grow up to four plants and possess and consume the drug at home. It went into effect in July, making Luxembourg the second European Union country to free the weed, after Malta.

The new law also decriminalizes the possession of up to three grams outside the home. People caught with less than three grams will face a fine of around $160, down from the current onerous $2725. They will face no criminal proceedings and the offense will not be added to their criminal records. Possession of more than three grams can result in higher fines and even possible jail time.

The bill was supported by the government, the leftist Dei Link Party and the Pirate Party and opposed by the Christian Democrats. Lawmakers of the right populist ADR split on the measure.

The government in 2018 originally pledged to create a legal marijuana market with state-monitored marijuana cultivation and sales but faced legal hurdles at home and pressure from other European Union countries and retreated to the home cultivation and possession law. The government still has a full legalization bill in the works and sees this law as the first step toward full legalization.

Dutch Legal Marijuana Supply Pilot Program Begins

A pilot project in supplying the country's famous cannabis coffeeshops with legally obtained marijuana got underway in December, with two government-approved growers ready to supply coffeeshops in Breda and Tilburg. The coffeeshops will be able to sell both legally produced and black market weed, and two more legal suppliers will begin supplying coffeeshops in the two cities with more in February 2024.

It is part of the Dutch government's "experiment with a legalized production and sales chain" and is aimed at solving the longstanding "back door problem," wherein marijuana possession and sales are tolerated but there is no legal supply source, leaving coffeeshops to rely on the black market and enriching criminal organizations.

This preparatory phase should be over in six months, and coffeeshops will begin the transition phase at the end of the first quarter of next year. During this phase, participating coffeeshops will be able to sell both legally grown and black-market product. Six weeks after the transitional phase begins, the experimental phase will begin. Then participating coffeeshops will from then on be able to sell only cannabis from regulated crops.

Germany Should Be Just Weeks Away from Marijuana Legalization

Marijuana legalization hit yet another bump down what has been a very bumpy path with the announcement in December that a final vote on legalization in the Bundestag had been called off after leaders from the Social Democratic Party (SDP) had last-second jitters. The delay means no vote on legalization is likely to occur until next year.

German lawmakers had spent all year trying to get to a final vote, but that was not to be. After reaching an initial accord earlier in the year, the bill was delayed in October, when debate was postponed because of the conflict in Israel and Palestine, and delayed again in November, as proponents sought to make improvements in it.

And they did. One change is that possessing slightly more marijuana than the amount allowed will not automatically be treated as a criminal offense, with possession of between 25 and 30 grams treated as an administrative violation. Likewise, the possession limit for marijuana at home is doubled from 25 to 50 grams, with possession of up to 60 grams treated administratively.

Lawmakers also agreed to legalize marijuana in stages, with possession and home cultivation legal for adults beginning in April. Social clubs that could distribute marijuana to members could now start to open in July.

After the legalization bill passes the Bundestag, lawmakers will work on creating a system for legal, regulated sales. That will happen while they wait for a concurring vote in the Bundesrat, a separate body that represents the states.

Then came the SPD's querulousness. SPD lawmakers did not specify their concerns, but hearing in the Bundestag provided a hint, with some suggesting that legalization would "send the wrong message" to youth and lead to increased underage consumption. Health Minister Karl Lauterbach pushed back on that claim, saying: "The fact remains that child and youth protection is carried out through education, and sales to children and young people remain prohibited," Lauterbach said. "That is the only change we have made in this area: a tightening."

Still, the bill is delayed and Germany did not legalize marijuana in 2023.

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Medical Marijuana Update

A Pennsylvania medical marijuana expansion bill heads to the governor's desk, a Delaware medical marijuana expansion bill gets filed, and more.

Delaware

Delaware Medical Marijuana Expansion Bill Filed. A bill introduced last week House Bill 285, would dramatically expand the state's medical marijuana program by removing the requirement that patients have one of a list of designated qualifying conditions in order to have medical marijuana recommended by a physician. Instead, doctors would be able to recommend it for any condition they believe it could benefit.

Sponsored by Rep. Ed Osienski (D), a medical marijuana champion, and three others, the bill would also allow residents 65 and over to self-certify their need for medical marijuana -- without any need for a recommendation from a health care provider.

The bill would also make registry cards good for two or three years instead of just one. Patients diagnosed with terminal illnesses could qualify for a card with an "indefinite" expiration date.

The bill comes even as the state prepares for the advent of a legal adult use market after legalizing it earlier this year.

Kansas

Kansas Republican Senate President Says He is Open to Medical Marijuana. Senate President Ty Masterson (R) says that he is open to a discussion about medical marijuana when the legislature begins its 2024 session next month -- but legalizing weed is off the table.

Kansas is one of only a dozen states that have no provision for medical marijuana or low-THC cannabis oil for medicinal purposes.

Last year, Masterson opposed a medical marijuana bill, saying it was too close to fully legalizing marijuana.

"I'm actually open to true medical marijuana or to palliative care. I am open to that. I am not saying no," said Masterson. "I'm just saying we don't have any real studies on dosing and distribution."

Oklahoma

Oklahoma Woman Asks State Supreme Court to Block Prosecutions of Medical Marijuana-Using Pregnant Women. Brittany Gonsolus, who used medical marijuana edibles and topical creams during her pregnancy with a doctor's recommendation and then was charged with felony child neglect by the Comanche County District Attorney, asked the state Supreme Court last Thursday to stop prosecutors in the state from criminally charging women who use medical marijuana during their pregnancies.

At an August court hearing, prosecutors made the bizarre claim that Gonsulus broke the law because her fetus did not have its own, separate medical marijuana license. Her attorneys argued that she should not be prosecuted because medical marijuana is like any other legal medication under state law.

The state has seen a flurry of criminal cases involving women who used marijuana during their pregnancies since it legalized medical marijuana in 2018. At least 17 women have been prosecuted for using medical marijuana during their pregnancies and dozens more for using it without a doctor's recommendation.

Pennsylvania

Pennsylvania Bill to Expand Medical Marijuana Permits Goes to Governor's Desk. A bill from state Sen. Chris Gebhard (R) that would expand the number of permits granted to small-scale medical marijuana growers Senate Bill 773, has passed out of the legislature and has gone to the desk of Gov. Josh Shapiro (D), who is expected to sign it into law.

The bill passed the Senate last month and passed the House on Wednesday.

It would allow independent growers/processors to obtain a single dispensary permit and it would allow independent dispensaries to obtain a single grower/processor permit. Under the state's current medical marijuana law, only five operations in the state are allowed to apply for dispensary permits, a situation Gebhard said favored large-scale growers.

The state Health Department has found that up to ten independent growers and four dispensaries could qualify for the new permits.

"As I've said all along, this is not about what these companies are selling, they could be selling widgets for all I care, this is about allowing small Pennsylvania businesses to compete against large multistate operators that have come into this state and attempted to take over an entire industry," Gebhard said in a written statement.

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This Week's Corrupt Cops Stories

A North Carolina cop was acting like a gangster, a Florida deputy let his habits get the best of him, jail guards go wild, and more. Let's get to it:

In Gainesville, Florida, a Dixie County sheriff's deputy was arrested December 6 for using drugs and giving local drug dealers information about who police were investigating. James Yakubsin, 41, went down after the Florida Department of Law Enforcement (FDLE) began hearing allegations that he was buying and using methamphetamine, Adderall, and Suboxone. Yakubsin warned his drug dealers to "stay away" from another drug dealer he knew was being investigated and searched law enforcement databases to ensure there were no investigations or warrants for the drug dealers he used. He is charged with purchase of a controlled substance, conspiracy to purchase a controlled substance, unlawful use of a two-way communications device and misuse of law enforcement databases.

In Gretna, Louisiana, a Jefferson Parish Sheriff's Office corrections officer was arrested December 10 when he tried to sneak drugs into the Gretna jail. Guard Christopher Thomas, 30, brought the unspecified drugs into the jail but was detained before he could make contact with an inmate. He faces charges of malfeasance in office, drug possession and possession of contraband in a correctional center. And he is now no longer a prison guard.

In Gastonia, North Carolina, a former Gastonia police officer was arrested last Tuesday on numerous charges including selling marijuana and fentanyl, using a work computer to run searches for warrants and license plates and giving that information to others, and buying guns for others. Former officer Xana Dajanae is facing 32 felonies counts.

In Milford, Pennsylvania, a Pike County jail guard was arrested last Friday after detectives observed him retrieved a box that had been placed at a drop location at his direction, followed him to the prison, and found contraband and currency in his car when they searched it. Guard Michael Spensieri, 39, faces charges of possession with intent to deliver a controlled substance, according to the Pennsylvania State Police at Dunmore.

In Honolulu, a former Oahu Community Correctional Center guard was sentenced last Tuesday to more than four years in prison for smuggling drugs into the facility. Richard Ascencio, 52, a 20-year veteran went down after agreeing to smuggle meth into the prison in exchange for cash. Ascensio received the drugs from conspirators outside the jail, hid them in his backpack, then attempted to smuggle them behind bars. The FBI and Honolulu Police were waiting for him and found 11 packets of meth on him. He pleaded guilty to conspiring to distribute methamphetamine and possessing methamphetamine with the intent to distribute.

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PA MedMJ Permit Expansion Bill Goes to Governor, KY Ponders Ibogaine for Opioid Treatment, More... (12/14/23)

The Ohio legislature's effort to revise the voter-approved marijuana legalization law will not get done this year, the Kansas Republican Senate leader says he is open to medical marijuana, and more.

Marijuana Policy

Ohio Legislature's Efforts to Change New Marijuana Legalization Law Will Go into Next Year. The state's Republican political establishment wanted to tighten the state's new voter-approved marijuana legalization law before it went into effect a week ago. That didn't happen. Now, it looks like it is not going to happen before year's end.

The Senate passed a bill to make change and a House committee held a series of hearings on a different bill, but there is no sign the two chambers can get together and send something to Gov. Mike DeWine (R) before lawmakers head home for the holidays at the end of this week.

The House bill is considered less onerous to reform supporters because it would make fewer changes to the legalization law. The Senate bill originally called for a ban on home cultivation, but that was changed to limiting households to six plants instead of the 12 allowed by the voter-approved law.

House Speaker Jason Stephens said there was no hurry to get changes done.

"It's just such a big change in Ohio's law that we need to be deliberate and we need to respect that there are concerns from the administration and the Senate, and we respect those concerns," Stephens said. "Most of the provisions of Issue 2 don't come into effect until the summer, so thats really why you don't see that sense of urgency."

Medical Marijuana

Kansas Republican Senate President Says He is Open to Medical Marijuana. Senate President Ty Masterson (R) says that he is open to a discussion about medical marijuana when the legislature begins its 2024 session next month -- but legalizing weed is off the table.

Kansas is one of only a dozen states that have no provision for medical marijuana or low-THC cannabis oil for medicinal purposes.

Last year, Masterson opposed a medical marijuana bill, saying it was too close to fully legalizing marijuana.

"I'm actually open to true medical marijuana or to palliative care. I am open to that. I am not saying no," said Masterson. "I'm just saying we don't have any real studies on dosing and distribution."

Pennsylvania Bill to Expand Medical Marijuana Permits Goes to Governor's Desk. A bill from state Sen. Chris Gebhard (R) that would expand the number of permits granted to small-scale medical marijuana growers, Senate Bill 773, has passed out of the legislature and has gone to the desk of Gov. Josh Shapiro (D), who is expected to sign it into law.

The bill passed the Senate last month and passed the House on Wednesday.

It would allow independent growers/processors to obtain a single dispensary permit and it would allow independent dispensaries to obtain a single grower/processor permit. Under the state's current medical marijuana law, only five operations in the state are allowed to apply for dispensary permits, a situation Gebhard said favored large-scale growers.

The state Health Department has found that up to ten independent growers and four dispensaries could qualify for the new permits.

"As I've said all along, this is not about what these companies are selling, they could be selling widgets for all I care, this is about allowing small Pennsylvania businesses to compete against large multistate operators that have come into this state and attempted to take over an entire industry," Gebhard said in a written statement.

Psychedelics

A state committee is pondering funding research into ibogaine, a West African shrub that is classified as a Schedule I drug in the US but is used in Mexico and other countries as a treatment for opioid use disorder.

The Kentucky Opioid Abatement Advisory Committee, which is in charge of allocating the nearly $840 million the state won in opioid lawsuit settlements is set to vote on whether to spend $42 million to fund ibogaine research.

Kentucky is tied with Tennessee for the second-highest drug overdose death rate in the country -- 55.6 per 1,000 deaths -- the most recent data from the Centers for Disease Control and Prevention shows. Only West Virginia has a higher mortality rate from drug overdoses, at more than 90 per 1,000. The region has been the hardest hit in the country since 2010.

Commission chair and executive director Bryan Hubbard, said he came across ibogaine as he was studying therapies that might work better than opioid replacement therapies, such as methadone and buprenorphine. Those are currently considered the leading treatments.

"They have about a 25% success rate, and that is a success rate that is exceptionally mediocre. Ibogaine could be an opportunity for a significant breakthrough," Hubbard said. He took the idea to Kentucky Attorney General Daniel Cameron, who greenlighted the commission's request to explore the possibility of ibogaine research.

If the commission approves funding for ibogaine research, it will need special permission from the Food and Drug Administration to proceed with the studies.

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OK Supreme Court Asked to Block Prosecutions of MedMJ-Using Pregnant Women, More... (12/15/23)

Maryland's governor orders a bureaucratic reshuffling in a bid to stem the overdose crisis, a fentanyl and xylazine testing bill heads to the Pennsylvania governor's desk, and more.

Medical Marijuana

Oklahoma Woman Asks State Supreme Court to Block Prosecutions of Medical Marijuana-Using Pregnant Women. Brittany Gonsolus, who used medical marijuana edibles and topical creams during her pregnancy with a doctor's recommendation and then was charged with felony child neglect by the Comanche County District Attorney, asked the state Supreme Court Thursday to stop prosecutors in the state from criminally charging women who use medical marijuana during their pregnancies.

At an August court hearing, prosecutors made the bizarre claim that Gonsulus broke the law because her fetus did not have its own, separate medical marijuana license. Her attorneys argued that she should not be prosecuted because medical marijuana is like any other legal medication under state law.

The state has seen a flurry of criminal cases involving women who used marijuana during their pregnancies since it legalized medical marijuana in 2018. At least 17 women have been prosecuted for using medical marijuana during their pregnancies and dozens more for using it without a doctor's recommendation.

Opiates and Opioids

Maryland Governor Issues Executive Order to Broaden State Effort to Combat Drug Overdoses. Gov. Wes Moore (D) on Thursday announced an executive order to "broaden" the state's fight to reduce overdose numbers by reorganizing and expanding an entity previously known as the Opioid Operational Command Center.

Now, that office will be known as the Office for Overdose Response and under the purview of the state Department of Health. Previously, it had operated separately.

The order will "help broaden state and government's approach to tackling the overdose crisis," to reflect the ever-changing nature of the opioid crisis and overdoses in general, Moore said.

In the year from July 2022 to July 2023, 2,583 people died of drug overdoses in the state, with four out of five of them involving fentanyl.

Asset Forfeiture

Michigan Lawmakers Introduce Plan to Strengthen Civil Asset Forfeiture Process. State Reps. Doug Wozniak (R) and Jaime Greene (R) have introduced a plan they say will ensure funds seized through the civil asset forfeiture process are properly reported and spent on improving public safety.

"Most of our law enforcement agencies have put resources from civil asset forfeiture property to great use in our communities," said Greene. "These bills will provide the accountability and transparency necessary to help ensure all such funds are put to proper use improving public safety."

"People want assurances government officials are using proceeds from the sale of property seized by the government exactly according to law," said Wozniak, R-Shelby Township. "Corruption or even the appearance of corruption is a stain on our society. Our plan brings greater clarity to the civil asset forfeiture law by refining the process and limitations for its use."

The bills, House Bill 5382 and House Bill 5383 would require that seized funds under civil forfeiture be processed the same as other state revenue -- through the treasurer of the unit of government involved in the seizure.

The bills respond, in part, to the case of a former Macomb County prosecutor who was charged in 2020 with embezzlement and misconduct of civil asset forfeiture funds.

Harm Reduction

Pennsylvania Expanded Fentanyl, Xylazine Testing Bill Heads to Governor's Desk. The House on Wednesday gave final approval to a bill that would expand fentanyl and xylazine testing in the state, Senate Bill 683. The Senate has already approved the bill, so it now goes to the desk of Gov. Josh Shapiro (D).

"Pennsylvania communities and families are being torn apart by a fentanyl poisoning epidemic," bill sponsor Rep. Doug Mastriano (R) said. "We have an opportunity to enact a law to save lives. Testing for fentanyl can mean the difference between life and death for someone who has unknowingly been poisoned with it."

The bill would require general acute care hospitals to test for fentanyl and xylazine when treating a person who is receiving a standard, five-panel urine drug screening in an emergency room setting. A regular opioid test does not test for fentanyl and xylazine.

But rapid fentanyl and xylazine testing already exists. The Food and Drug Administration has approved three low-cost reagents that can be chemically analyzed for the presence of the drugs. If chemical analyzer equipment is not available, hospitals can use widely available testing strips.

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CO Gun Rights for Pot Users Initiative Filed, DE MedMJ Bill Filed, More... (12/18/23)

The parties in a lawsuit over the constitutionality of imposing federal pot prohibition in legal marijuana states agree to an extension, an Italian petition drive to force parliament to take up marijuana legalization is underway, and more.

Marijuana Policy

Feds and Pot Businesses Jointly Agree on Deadline Extension for Lawsuit Challenging Prohibition. The Justice Department and a coalition of marijuana businesses have agreed to jointly request a deadline extension for the filing of initial briefs in a lawsuit that seeks to block the enforcement of federal marijuana prohibition in states where it is legal.

The pot businesses argue that perpetuating prohibition in states that have legalized it is unconstitutional because it creates public safety risks and blocks those businesses from access to financial services and business tax deductions.

The lawsuit was filed by the multi-state operator Verano Holdings Corp. and two Massachusetts-based pot businesses, Canna Provisions and Wiseacre Farms, as well as Treevit CEO Gyasi Sellers. It was filed in US District Court in the Western District of Massachusetts.

In the joint filing last Friday, attorneys on both sides of the question mutually agreed to a seek a 28-day extension for the government's response to the lawsuit, bumping the date back from December 26 to January 23. On Monday, Judge Katherine A. Robertson granted the extension.

Colorado Initiative Could Ask Voters to Let Marijuana Users Obtain Concealed Carry Gun Permits. The gun rights group Guns for Everyone has filed an initiative to allow marijuana users to obtain concealed carry gun permits. Under current state law, which aligns with federal law, people using controlled substances, including marijuana, cannot obtain the permits.

The measure is currently being reviewed by the state Legislative Council Staff, which will examine its clarity and soundness before handing it off to the secretary of state's office for approval and titling. Once approved by that office, signature-gathering can begin. The proposal will need 125,000 valid voter signatures in a six-month period to qualify for the November 2024 ballot.

Organizers say it is a matter of fundamental fairness that marijuana users have the same rights as alcohol consumers, including the right to purchase firearms and obtain permits while also obeying laws to not be under the influence while in possession of a firearm.

Medical Marijuana

Delaware Medical Marijuana Expansion Bill Filed. A bill introduced last week, House Bill 285, would dramatically expand the state's medical marijuana program by removing the requirement that patients have one of a list of designated qualifying conditions in order to have medical marijuana recommended by a physician. Instead, doctors would be able to recommend it for any condition they believe it could benefit.

Sponsored by Rep. Ed Osienski (D), a medical marijuana champion, and three others, the bill would also allow residents 65 and over to self-certify their need for medical marijuana -- without any need for a recommendation from a health care provider.

The bill would also make registry cards good for two or three years instead of just one. Patients diagnosed with terminal illnesses could qualify for a card with an "indefinite" expiration date.

The bill comes even as the state prepares for the advent of a legal adult use market after legalizing it earlier this year.

International

Italian Reformers Near Halfway Point on Signatures to Put Marijuana Legalization Before Parliament. An effort to have parliament take up a proposal to legalize the home cultivation of four plants, the eventual creation of social clubs, and the elimination of penalties for marijuana consumers is reaching the halfway point in signature-gathering.

The move comes two years after a top Italian court stopped a referendum on marijuana legalization and psychedelic reform from going to the voters.

"Despite the defeat we suffered after the collection of signatures with the legal cannabis referendum, we have decided to insist until things change," said Marco Perduca, an advocate and former Italian senator. (Perduca is also a member of the board of directors of StoptheDrugWar.org, publisher of this newsletter.) "Parliament will be forced to listen to us, but only when we have collected 50,000 signatures," he added. "Don't miss your signature to change Italy."

Signature-gathering began about 10 days ago and organizers have already gathered about 20,000 certified signatures. If the campaign reaches 50,000 signatures, lawmakers in Italy's parliament would be forced to formally consider the proposal.

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UN General Assembly Synthetic Drugs Resolution, Jordan Strikes Drug Smugglers in Syria, More... (12/19/23)

Presumed drug gangs kill a dozen people at a Christmas party in Mexico, Peruvian coca farmers are blamed for killing an indigenous leader, and more.

International

UN General Assembly Adopts Resolution on Challenge of New Synthetic Drugs, But Not Without Some Squabbling. The UN General Assembly has adopted a resolution, "Enhancing action at the national, regional and international levels to address the global public health and security challenges posed by synthetic drugs," but not without having to deal with demands from Mexico for a more balanced document (the resolution largely depended on language from the Commission on Narcotic Drugs.

Mexican representative Alicia Guadeloupe Buenrostro Massieu introduced two draft amendments, with the first saying that addressing the challenges posed by synthetic drugs is a priority requiring balanced policies grounded in health and human rights but that the resolution failed to refer to the only resolution on the subject passed by the Assembly, which underscored the importance of holistically addressing the drug problem in all countries through humane and effective drug policies. That omission was "unacceptable" and adding it would "reflect the vision of a majority of Member States."

The second amendment would add a reference to drug distribution in illicit markets in consumer countries, underscoring that the world drug problem goes beyond the borders of producing and trafficking countries -- criminal networks set prices and generate interest for the illicit economy, she said, and the topic must be addressed.

Numerous countries opposed the amendments, with the representative of the Russian Federation noting that, if adopted, the first amendment would deprive the document of its consensus status. Adding to that, the representative of Egypt said it constitutes an act of coercion exercised by a few delegations to bestow legitimacy on the only voted resolution on countering the world drug problem.

But the Assembly passed the first amendment on a vote of 75-26 with 36 abstentions before rejecting the second amendment by a vote of 19-36 with 82 abstentions.

Jordan Strikes Iran-Linked Drug Smugglers in Southern Syria. Jordan conducted air raids on Syrian hideouts of what it said were Iran-backed drug smugglers in retaliation for a large-scale smuggling operation, the army said Monday.

The army said it had been confronted by dozens of infiltrators from Syria with links to Iranian-backed militias who crossed into Jordan with rocket launchers, anti-personnel mines, and explosives.

Regional intelligence sources said Jordanian jets hit the home of a leading drug dealer in Salkhad in Sweida province, with other strikes hitting smuggler hideouts in Deraa province. It was not known if there were any casualties. The two provinces border Jordan.

Since descending into civil war in 2011, Syria has become the center of a multi-billion regional drug trade, and Jordan is a key transit route from there to the oil-rich Gulf States for an amphetamine known as captagon, which is manufactured in Syria. The Syrian government denies any involvement in the trade, and Iran says allegations it is involved are elements of Western plots against the country.

A Dozen Killed in Central Mexico Christmas Party Massacre. Presumed cartel gunmen in the Guanajuato town of Salvatierra attacked a Christmas party early Sunday, killing at least a dozen people, and four more people were killed in a shooting in the city of Salamanca.

The state has been the scene of extended bloody turf battles between the Jalisco Cartel and local gangs affiliated with the Sinaloa Cartel. Guanajuato has for several years now had the highest number of homicides in the country.

Meanwhile, in the Yucatan Peninsula coastal resort of Tulum, three men were killed and four more wounded in an attack on a bar that same day. Local prosecutors said the killings "may have been a dispute involving retail drug sales, and for that reason the safety of the public and that of our visitors, was never at risk" -- even though tourists in Tulum have been caught in the crossfire before, with two tourists killed while eating at a restaurant in 2021 when they got caught between rival drug gangs shooting at each other.

Peru Indigenous Leader Killed After Death Threats from Coca Growers. The Interethnic Association for the Development of the Peruvian Rainforest said Monday that Benjamin Flores Rios, leader of the Kakataibo Indigenous community, was killed in the early hours of the day at his home in the Ucayali region. Flores Rios had been a leader in the fight against the deforestation of the Amazon.

A week ago, the group said that Flores Rio had been on the receiving end of death threats from coca farmers encroaching on community lands. Coca is the plant from which cocaine is derived.

"Indigenous leaders are resisting the advance of drug traffickers who operate in their territories," Indigenous leader Herlin Odicio told reporters then.

Flores Rio is not the first indigenous leader killed in recent years. Last month, another indigenous leader was killed in the north for opposing logging, and the National Human Rights Coordination Committee says at least 30 environmental activists and social leaders. They are occurring in the Peruvian Amazon, a vast and remote area with limited state presence, and mostly go unpunished.

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San Francisco Drug Crackdown, Swiss Capital City Considers Legal Cocaine Sales, More... (12/20/23)

Voters in California's fabled Humboldt County will vote in March on whether to rein in marijuana grows, Colombia ponders whether to legalize coca and poppy production for non-drug purposes, and more.

Marijuana Policy

California's Humboldt County Will Vote on Measure to Limit Marijuana Grows. A Humboldt County Superior Court judge has cleared the way for a measure to limit marijuana grows, the Humboldt Cannabis Reform Initiative, to go before the voters in March. The Humboldt County Growers Alliance (HCGA) and seven pot farmers had sought to block it, claiming that proponents of Measure A had misled voters and failed to provide them with sufficient supporting information.

"To be clear, the court makes no findings on the merits of Measure A, as that is for the voters to decide," Judge Timothy Canning wrote in his ruling. "But the court does find there is in an insufficient showing of objectively and deliberately untrue facts or statements in Measure A such that the court should prevent Humboldt County voters from deciding whether or not to adopt it."

If passed, Measure A would amend the county's general plan and overhaul the county's cannabis regulations to increase noticing requirements for neighboring properties, prohibit new grows larger than 10,000 square feet, cap the number of permits countywide, require permitted operations be inspected annually and phase out the use of generators.

County officials who oppose the measure say 98 percent of marijuana grows in the county are under 10,000 square feet.

HCGA has vociferously opposed the measure, arguing that its passage would have far-reaching consequences that could devastate the county's already struggling marijuana industry.

"While we are disappointed with the ruling, we believe voters will conclusively reject the misleading tactics being used to sell Measure A," said HCGA Executive Director Natalynne DeLapp. "We join with local environmental groups, law enforcement agencies, small businesses and farmers, and political leaders in asking the public to vote no on Measure A in March."

Foreign Policy

US, Mexico, Canada in Third Trilateral Fentanyl Committee Meeting. On Tuesday, "Homeland Security Advisor to the President Liz Sherwood-Randall hosted her Mexican and Canadian counterparts for a virtual meeting of the Trilateral Fentanyl Committee (TFC). President Joe Biden, President Andrés Manuel López Obrador, and Prime Minister Justin Trudeau established this trilateral Committee with their high-level representatives during the North American Leaders' Summit on January 9-10, 2023 to guide priority actions to address the illicit fentanyl threat facing North America," according to the official readout of the meeting.

"During this third meeting of the Committee, the co-chairs discussed progress made by the expert working group on identifying opportunities to enhance regulatory and statutory frameworks associated with precursor chemicals and related equipment used for the production of illicit fentanyl. They also shared information about illicit drug trends and recent diplomatic engagements focused on reducing the flow of illicit synthetic drugs and their precursor chemicals. To drive further progress in the fight to counter fentanyl's scourge, they agreed to meet again in person in Mexico in early 2024," the readout concluded.

Law Enforcement

San Francisco Touts Hundreds of Drug Arrests in Tenderloin and SOMA. During a six-month effort to crack down on open-air drug markets in the Tenderloin and South of Market (SOMA) neighborhoods, police have arrested more than 700 people for drug sales and nearly 800 for public drug use, the city reported Tuesday. The city also reported the arrests of additional 420 wanted fugitives and the seizure of 148 kilos of drugs, including more than 80 kilos of fentanyl.

In 2023 overall, SFPD officers have arrested more than 900 dealers in the Tenderloin and SOMA, nearly doubling the number of arrests from last year.

As a result of this operation the District Attorney's Office has seen a record number of felony narcotics cases presented and filed year to date since 2018. Through December 14 of this year, 952 felony narcotics cases were presented of which 827 were filed (87% filing rate) compared to the previous record of 880 cases presented in 2018 and 731 cases filed.

The District Attorney's Office has also frequently resorted to pre-trial detention of "suspected egregious and repeat offending drug dealers who peddle death to protect public safety." The District Attorney's Office has filed over 350 motions to detain dangerous drug dealing suspects but the courts have only granted 34 thus far, suggesting that the DA's office is perhaps overly ambitious in this regard.

The state Highway Patrol has also gotten in on the action, making 119 drug arrests and seizing 30 kills of drugs, including 18 kilos of fentanyl.

International

Colombian Government Seeks Comment on Authorizing Coca and Poppy Production for Medical, Scientific, Industrial Uses. A draft decree released Tuesday shows that, as part of its bid to change drug policy, the leftist government of President Gustavo Petro is looking into the possibility of allowing coca and poppy production for medical, scientific and industrial uses.

The draft, published for public comment, contemplates authorizing the possession of coca and poppy seeds and the granting of growing licenses. Investigating potential uses for coca, opium poppies, and marijuana "would promote the transition from illegal economies to licit ones, the disruption of drug production and the destruction of criminal organizations," the document said.

Colombia is currently the world's largest cocaine producer.

The rightist opposition was opposed. "This draft, if it became a decree, would directly violate the constitution," said Senator David Luna of the center-right Radical Change party. "It would legalize all criminal structures now dedicated to drug trafficking."

Swiss Capital City Considers Legalizing Recreational Cocaine Use. Bern, the Swiss capital, is looking at a pilot plan to allow for the sale of cocaine for recreational use -- something that has not been tried anywhere. The city parliament supports the idea but faces opposition within the city government and would have to see a change in national law for it to happen.

Switzerland is reexamining its drug laws as some politicians and experts say prohibition is ineffective, and the cocaine proposal follows on a pilot program -- still in its early stages -- to allow legal marijuana sales.

"The war on drugs has failed, and we have to look at new ideas," said Eva Chen, a member of the Bern council from the Alternative Left Party who co-sponsored the proposal. "Control and legalization can do better than mere repression."

Examination of drugs and their metabolites in waste water show that Switzerland has some of the highest levels of cocaine use in Europe, with Zurich, Basel and Geneva all featuring in the top 10 cities for cocaine use.

Other Swiss cities, including Bern, are showing signs of increasing use while prices have dropped 50 percent in the past five years.

"We have a lot of cocaine in Switzerland right now, at the cheapest prices and the highest quality we have ever seen," said Frank Zobel, deputy director at Addiction Switzerland. "You can get a dose of cocaine for about 10 francs these days, not much more than the price for a beer."

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CA AG Kills Dream of Interstate Pot Sales, Ukraine Approves MedMJ, More... (12/21/23)

Pennsylvania bills to protect medical marijuana patients from DUI charges are moving, Oregon releases an audit of the state's progress in dealing with its drug problem in the Measure 110 era, and more.

Marijuana Policy

California Attorney General Issues Opinion Effectively Killing Effort to Sell State's Legal Weed to Other States. On Tuesday, state Attorney General Rob Bonta (D) issued an opinion that allowing legal marijuana companies to export marijuana to other states would create "significant legal risk to the State of California." That opinion effectively kills efforts to aid the state's ailing legal marijuana system by opening up interstate sales.

Last year, the legislature passed a bill that would have created a pathway for sales outside the state -- but only if the federal government explicitly allowed such sales or the state attorney general issued an opinion that such commerce would not create a legal risk for the state.

Department of Cannabis Control spokesman David Hafner said the agency would continue to pursue the "visionary spirit" of the interstate commerce bill, but did not specify how it would do so.

"We appreciate the Attorney General's conclusion that the arguments supporting interstate agreements are 'strong'. Unfortunately, even strong arguments cannot put novel questions beyond all debate. If you are looking for certainty, you will not find it in cannabis," Hafner added.

Medical Marijuana

Pennsylvania Bills Protecting Patients from DUI Charges Advance in Both Houses. A pair of bills aimed at preventing police from charging medical marijuana patients with impaired driving without actual proof of impairment are moving in Harrisburg. The bills are Senate Bill 363 from Sen. Camera Bartolotto (R) and House Bill 983 from Rep. Christopher Rabb (D).

The Senate version of the bill passed the Senate Transportation Committee last week, while the House version passed the House Transportation Committee.

The two bills are designed to close a loophole in the state's medical marijuana law that allows law enforcement to arrest and prosecute patients for marijuana DUI without showing there are actively impaired.

"In 2016, we legalized the use of medicinal cannabis for a myriad of conditions. We were very careful with how the language was crafted in an attempt to avoid unintended consequences," said Bartolotto during the committee meeting. "Since that time, it has become very obvious that we overlooked one very important aspect."

Psychedelics

New Hampshire Bill to Allow Psychedelics for Mental Health, Medical Conditions Pre-Filed. Rep. Kevin Verville (R) has pre-filed a bill that would legalize psilocybin, LSD, and mescaline for therapeutic use with a recommendation from a healthcare provider, House Bill 1693.

The measure would create a system of alternative treatment centers (ATCs) and a regulated psychedelic system for registered patients, echoing the state's existing medical marijuana system, where seven ATCs currently serve patients.

People would be able to use psychedelics for conditions including anxiety, depression, PTSD, panic disorder, obsessive-compulsive disorder, social anxiety, body dysmorphia, eating disorders, sleep disorders, substance use disorder, chronic pain, attention deficit, migraines and cluster headaches, postpartum mental illnesses and others.

But it would also allow psychedelics to be recommended for "any novel or emergent illness which is not categorized in the Diagnostic and Statistical Manual of Mental Disorders but is diagnosed by a state licensed mental health professional," though there would need to be published scientific observations, including self-reports, regarding psilocybin as a treatment for the condition.

Drug Policy

Oregon Secretary of State Releases Audit on State's Drug Problem in the Era of Measure 110 Drug Decriminalization. A mandated audit on Measure 110 released by the Oregon Secretary of State on Wednesday showed both progress and shortfalls on the state's progress in tackling its drug epidemic in the Measure 110 era. That 2020 voter-approved initiative decriminalized the possession of personal use amounts of drugs and allocated marijuana taxes to pay for drug prevention and treatment.

The audit makes a number of recommendations to the Oregon Health Authority to help it get better data on Measure 110's impact, as well as ways to streamline grants to treatment centers known as Behavioral Health Resource Networks or BHRNs.

"In the report we highlight we are two thirds of the way through the initial grant period but only one third of the funds have been spend at this time," said audit manager Ian Green. "So its really important that the services continue to be ramped up. We see growth quarter over quarter in terms of spending but it really needs to be accelerated."

The audit acknowledges the rapid rise of fentanyl in the state, noting that 690 fentanyl pills were seized in 2018, skyrocketing to three million pills last year.

"The rapid increase in fentanyl use and overdose related fentanyl is really critical," Green said. "It's really driving increased demand for measure 110 services and it's putting pressure on the whole behavioral health system in the state."

The audit found that the Oregon Health Authority needs to simplify its grants process.

"For the next round of grant funding is to simplify the application process during the initial process which was controlled by the Oversight Accountability Council it was just too complex," he said. "Providers were required to respond to 240 different questions -- and many of those questions required lengthy narratives."

That first round of grants freed up $261 million for the BHRN's, but only one-third of that money had been used by BHRN's by mid-year, the audit found.

International

Ukraine Medical Marijuana Bill Awaits President's Signature. Ukraine's unicameral legislature, the Verkhovna Rada, approved a medical marijuana bill Thursday, sending it to the desk of President Volodymyr Zelensky, who supports the bill.

Lawmakers overcame a last minute attempt to block the bill by opposition lawmakers by offering hundreds of amendments that critics called "spam amendments."

The bill would allow medical marijuana use for patients with severe illness and post-traumatic stress disorder (PTSD) resulting from the ongoing war with Russia, now nearly two years old.

The bill will allow for marijuana to be imported into the country.

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