Drug War Daily Digest -- October 28, 2026

Michigan and Nevada weigh marijuana tax changes; new boat strikes and Philippine accountability cases draw scrutiny, and recent drug-policy journals, videos, and events offer more to explore.

Marijuana Policy

California Court Allows Discretionary Misdemeanor Treatment of Certain Cultivation Offenses. In an opinion filed on September 28, certified for publication on October 22, and reported by Ganjapreneur on October 26, the California Court of Appeal, Fourth Appellate District, Division Two ruled that marijuana cultivation offenses involving certain specified environmental violations can be "wobblers," meaning they can be charged as either misdemeanors or felonies. The appeals court did not order an automatic reduction; instead, it reversed a lower court decision denying relief and sent People v. Baxter back to the trial court for reconsideration.

Michigan Lieutenant Governor Candidate Proposes One-Year Pause in Marijuana Wholesale Tax. In an October 22 announcement, state Rep. Jay DeBoyer, the Republican nominee for lieutenant governor, said he planned to "soon" file a bill that would suspend the state's 24 percent marijuana wholesale tax for one year. DeBoyer argued that the tax is hurting licensed businesses in their struggle to compete with the black market. Meanwhile, Cannabis Business Times' Tony Lange reports that a separate repeal bill, Senate Bill 810, has been in committee since February and has not received a hearing.

Nevada Lawmakers Consider Replacing Marijuana Wholesale Tax With Higher Retail Rate. Nevada Current's April Corbin Girnus reports that lawmakers are considering a marijuana tax overhaul that would eliminate the 15 percent wholesale excise tax and raise the existing retail excise tax from 10 percent to between 12 and 15 percent. A state-commissioned study modeled the change as revenue-neutral. Neither the study committee nor the legislative revenue committee recommended or approved the change. Recreational buyers would face a higher tax rate, while any offset from the wholesale tax cut would depend on whether businesses lowered their prices.

Hemp

Hemp Regulation Backer Looks to Reconciliation as Federal Restrictions Approach. Roll Call's Aris Folley reports that hemp-friendly Rep. Morgan Griffith (R-VA) is looking into whether the regulation of intoxicating hemp products could be paired with tax legislation and rolled into a possible budget reconciliation package. With federal restrictions on such products set to take effect before year's end, the move could offer one route for his proposal to regulate—not ban—those products. The deadlines differ by product: the partial congressional delay left the November 13 restriction on cannabinoids the plant cannot naturally produce in place while moving other covered restrictions to December 11.

Medical Marijuana

British Epilepsy Patients Get Six-Month Bedrolite Supply Assurance, but Long-Term Access Remains Uncertain. Cannabis Health's Sarah Sinclair reports that Target Healthcare, which makes Bedrolite oil at its Glasgow facility, told families it had enough stock for the next six months. The assurance offers temporary relief to patients with severe epilepsy following the bankruptcy of Dutch producers Bedrocan Nederland B.V. and Bedrocan International B.V. Target said it was discussing longer-term arrangements with Bedrocan and other organizations, but supply after those stocks run out remains uncertain.

Cannabis Cultivar Labels Raise Questions About Consistent Medical Supply. Ben Stevens of the Business of Cannabis delved into the question of whether common cultivar names reliably identify the plants and chemical profiles used by medical marijuana patients. University of British Columbia researcher Davis Allen and Northern Leaf chief executive Steven Tan described inconsistent naming and the absence of a shared genetic reference system, with Allen calling for a publicly funded Canadian gene bank and DNA fingerprinting to bolster authentication. The interviews raise concerns about treatment consistency and product authentication; they do not measure how often products are mislabeled or establish clinical outcomes.

Oklahoma Medical Marijuana Director Steps Down; Enforcement Deputy Named Interim Successor. In a move reported by Ganjapreneur on October 26, Gov. Kevin Stitt announced on October 21 that Oklahoma Medical Marijuana Authority executive director Adria Berry will leave her position and be replaced by the authority's deputy chief of compliance and enforcement, Jason Yingling, as interim director for the remainder of Stitt's term. Berry has led the agency since 2021 and will remain secretary of licensing and regulation through the end of Stitt's term.

Extrajudicial Killings

SOUTHCOM Reports Five Killed in New Boat Strike as Regional Military Officials Meet. The US Southern Command said an October 27 strike on a boat in the Eastern Pacific killed five people it described as drug traffickers. Its announcement attributed the targeting to intelligence but did not disclose the underlying evidence. The strike coincided with an October 26-27 meeting in the Dominican Republic involving representatives of 19 nations to review a counter-cartel military campaign plan and a governance charter. Separately, Pentagon deputy chief of staff Patrick Weaver posted an image October 23 declaring, "WE'RE JUST GONNA KILL NARCOS." See also our boat-strike charts.

Massie Plans to Renew Hegseth Impeachment Effort After Midterms. The Hill reports that Rep. Thomas Massie (R-KY) said he would reintroduce impeachment articles against Defense Secretary Pete Hegseth after the midterm elections if Hegseth remains in office; the full boat-strikes article appears below.

Retired Coast Guard Officers Warn That Punishing Dissent Undermines Scrutiny of Boat Strikes. Threats to military careers can suppress honest legal advice about military strikes on suspected drug boats, four retired Coast Guard officers argue in an article in Just Security. William D. Baumgartner, Stephen Chamberlin, Leanne Lusk and Brian McNamara distinguish complying with lawful civilian decisions from suppressing professional objections. They cite the removal of senior legal officers and Defense Secretary Pete Hegseth's rhetoric as reasons for concern, while acknowledging they do not know what advice officials gave privately. Their analysis emphasizes the need to protect officers who raise legal and operational objections as US drug law enforcement shifts from maritime interdiction to lethal targeting of suspected drug boats.

Duterte Defense Opposes Two Witnesses' Recorded Testimony Without Cross-Examination. VERA Files reports that former Philippine president Rodrigo Duterte's lawyers oppose admitting two witnesses' recorded testimony without an opportunity to question them. Duterte faces crimes-against-humanity charges over his alleged role in killings during the anti-drug campaigns in Davao City and nationwide. The defense response, originally filed October 19 and publicly released in redacted form October 26, concerns P-1393 and P-1416; the defense does not oppose P-1370's recorded evidence. Victims' lawyers support admission.

The dispute concerns admission under Rule 68(2)(b), without the witnesses appearing in court. The defense says questioning is needed because the accounts concern disputed events and allegations against Duterte. It seeks live testimony, or admission under Rule 68(3) with questioning. This differs from the seven-witness application covered October 26, which provided for questioning. The cited document is a defense request, not a ruling excluding evidence.

Dela Rosa Again Urges Philippine Supreme Court to Block ICC Arrest. Rappler reports that lawyers for Sen. Ronald "Bato" dela Rosa have again asked the Philippine Supreme Court to reverse its refusal to provide interim protection against an International Criminal Court (ICC) arrest. Dela Rosa's lawyer Israelito Torreon asked the court to act on the pending request on October 27, citing the government's designation of Dela Rosa as armed and dangerous and the P50 million reward offered for information leading to his arrest.

Philippine Truth Commission Video Examines the Church's Support for Drug-War Survivors. In an October 25 Philippine Truth Commission podcast, Cardinal Pablo Virgilio David and Fr. Daniel Franklin Pilario discuss the Church's role in providing sanctuary, rehabilitation, and continuing support for people affected by the drug war. The 44-minute video offers another entry point into the Commission's public work following its testimony coverage.

Truth Commission and Raquel Fortun Announce Press Conference on Drug-War Death Certificates. The Philippine Truth Commission and forensic pathologist Dr. Raquel Fortun will hold a press conference Friday, October 30, at 9am in Manila, seeking an investigation of doctors over what the commission describes as questionable death certificates in drug-war cases. The event will take place at Friendship Hall, Pope Pius Catholic Center, in Paco, Manila. The announcement invites media coverage and says journalists may also ask questions through livestreams on the commission's Facebook page and YouTube channel.

Rappler Debunks Claim That China Confirmed Political Collusion Behind Duterte's ICC Arrest. An October 26 fact-check by Rappler's Jade Florido examines social-media claims that the Chinese embassy confirmed President Ferdinand Marcos Jr. sent Rodrigo Duterte to The Hague at Senator Kiko Pangilinan's request and finds them lacking. The embassy had criticized Pangilinan's language in a dispute over China's ambassador; it did not confirm the alleged arrangement. Rappler also cites the ICC's statements that its judges act independently of the Philippine government. The social media posts circulated on October 21.

(Misinformation, disinformation, and social media manipulation are worldwide democracy issues affecting the drug-war and human-rights situations we follow. Our Rule of Law resources include research on organized online disinformation and examples targeting Philippine opposition leaders. On our YouTube channel, see Pamela Combinido's presentation on troll accounts and fake-news production and Davey Alba's BuzzFeed News video on Facebook's role in Duterte's drug war, reposted with permission. Rappler-affiliated The Nerve regularly investigates disinformation and social media manipulation, including narratives surrounding Duterte and the ICC. Readers can also follow Rappler's Duterte Fact Checks page, which includes ICC-related misinformation, or its broader Fact Check section. Please flag useful research, reporting and other resources for us.)

International

New Reporting Identifies Pentagon Funding for Ecuador Naval Center After Contractor Removes Announcement. The Hill's Filip Timotija reports that two unnamed US officials said the Pentagon is funding a naval training center in Guayaquil, Ecuador, which Ecuadorian forces would operate. One of the officials identified the funding as coming through the Title 10 capacity-building program. The article adds detail to our October 23 coverage of Culmen International's announcement and its disappearance from social media. The Hill reports that it contacted Culmen on October 16 and that the company removed its Facebook, Instagram, and LinkedIn posts days later. The company did not answer the outlet's renewed inquiry. The reason for the removals remains unexplained.

Mexican Judge Orders Former Chihuahua Prosecutor to Face Treason Trial Over CIA-Linked Drug Raid. The Associated Press reports that a Mexican federal judge ruled October 25 that former Chihuahua state prosecutor Cesar Jauregui must face trial on a treason charge arising from an alleged unauthorized joint operation with the CIA against a drug laboratory. The operation and cooperation came to light after two CIA officers and two Mexican officials died in a car wreck after the raid. Defense attorney Luis Villegas confirmed the decision.

U.S. and Colombia Announce Counterdrug Training Exercise at Tolemaida. El País' Juan Miguel Hernández Bonilla reports that more than 300 US troops were set to arrive in Colombia on October 27 for a joint training exercise at the Tolemaida military base in Cundinamarca department (the Colombian equivalent of a state or province). Known as Southern Vanguard, the exercise will run through November 11 and will include training in maritime interdiction, ground operations, cyber defense, and medical evacuation. Colombian critics of the move say the Colombian Congress must approve the presence of foreign troops, but President Abelardo de la Espriella's Trump-friendly government says training missions do not require such approval.

InSight Crime Examines Drug-Trafficking Groups and Financial Regulation After Brazil Election. In an analysis following Luiz Inacio Lula da Silva's reelection on October 25, InSight Crime's Steven Dudley and Marina Cavalari argue that drug-trafficking organizations' expansion into financial markets and other illicit businesses poses a challenge for Brazil's next government. They cite money laundering through financial tech companies and other financial instruments and argue that effective enforcement will require stronger financial-sector oversight and international cooperation. They also note that an opposition-controlled Congress could hobble federal initiatives. And they connect drug trafficking groups such as the PCC and the Red Command to the wider economy.

Harm Reduction

Drugreporter Releases Video of Helen Clark's Visit to Melbourne Supervised Injecting Facility. Drugreporter has posted a video of former New Zealand prime minister Helen Clark visiting the medically supervised injecting room in North Richmond, Melbourne. Uploaded October 24, the video was filmed during the 2023 international harm reduction conference. It shows an established service, rather than a newly opened facility or a visit this month.

Research

Global Drug Control, Treatment, Regulation and Harm Reduction

A forthcoming special section of Health and Human Rights Journal, "Health, Rights, and the Future of Global Drug Control," brings together work on the human-rights basis for harm reduction, the World Health Organization's coca-leaf review, evidence and human rights in international drug-policy institutions, and the livelihoods of people growing prohibited crops. The papers already available include Daniel Wolfe on harm reduction, Martin Jelsma on the coca review, Ann Fordham's interview with Laura Gil, and Eric Gutierrez and Pedro Arenas on prohibited crops and the 2029 drug-policy review.

The November issue of the International Journal of Drug Policy includes papers on opioid treatment, drug checking, policing and overdose, cannabis taxation and markets, alcohol regulation, stigma and post-release health. Its December issue, still in progress, lists work on overdose prevention centers, solitary opioid use, drug testing in child protection, safer supply, housing barriers and treatment access. These topics appear in the journal's table of contents, rather than in a review of the individual papers' findings.

Events

Drug Checking and Overdose Prevention Webinar Takes Place October 29. The Network for Public Health Law will hold "Overdose Prevention: Utilizing Drug Checking Programs to Save Lives" on October 29 from 1-2:15pm Eastern. The webinar will address drug-checking evidence, the changing drug supply and the legal framework for programs. The event page provides registration information.

NYU Seminar Examines Population Health Effects of Incarceration and Decarceration. NYU Langone's Center for Opioid Epidemiology and Policy will host Yale researcher Yiran Liu for "From Mass Incarceration to Decarceration: Measuring the Population Health Effects of Criminal Legal Policies" on November 4 from 3-4pm Eastern. The seminar is offered in person at 180 Madison Avenue in New York and online; the official listing includes registration details.

Harm Reduction International Conference Set for Belfast in May 2027. Harm Reduction International will hold its 2027 conference at ICC Belfast from May 9 to 12. The conference website provides program and participation information, with early-bird registration available through January 15, 2027.

No on 8 Campaign Offers Virtual Phone-Banking Opportunities. The Massachusetts No on 8 campaign is recruiting volunteers for virtual phone banks from October 30 through November 3, opposing the marijuana rollback ballot measure. The campaign's sign-up page lists available sessions and participation information.

Document: Boat-Strikes Impeachment Article

Article V, reproduced in full from Rep. Thomas Massie's draft impeachment resolution. Spacing and quotation marks have been normalized. The allegations and figures below are those of the source document; they are not a court judgment or an updated death count.

ARTICLE V: EXTRAJUDICIAL KILLINGS

The Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" and that civil Officers of the United States, including the Secretary of Defense, "shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." In his conduct as Secretary of Defense, Peter Brian Hegseth, in violation of his oath to support and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—especially with regard to the commission of war—has abused the powers of the Department of Defense in that:

Using the powers of his office, Secretary of Defense Peter Hegseth directed the Department of Defense in a manner that resulted in the extrajudicial killings of at least 221 persons aboard seagoing vessels alleged to be smuggling narcotics in the Caribbean Sea and the Eastern Pacific Ocean, principally in international waters. He did so through a scheme or course of conduct that chilled independent legal review within the Department of Defense, constructed a purported legal basis for the use of military force without constitutional or statutory authorization, and displaced longstanding precedent and codified maritime law-enforcement practices that are jurisdictionally assigned to Coast Guard and law enforcement agencies, by substituting in such place the use of summary lethal force by Army, Navy, Air Force, or Marine Corps elements. While doing so, Secretary Hegseth also oversaw orders denying quarter and failing to provide rescue, including secondary strikes against shipwrecked survivors, who were hors de combat, and the abandonment of shipwrecked survivors at sea, thereby endangering members of the our Armed Forces in future military engagements by encouraging adversaries to subject American service members to the same treatment.

By subjecting persons merely suspected of criminal conduct to lethal military force without judicial process, without Congressional authorization, and without establishing a lawful basis for treating such persons or vessels as military targets, Secretary Hegseth arrogated to himself and the Executive Branch the roles of judge, jury, and executioner and asserted a unilateral power to determine who may live and who may die. Such a power is foreign to the rule of law, repugnant to the legal traditions and fundamental values of the United States and the Western world, and contrary to United States law and customary international law. This conduct undermined the integrity and credibility of the United States and its Armed Forces, damaged the diplomatic standing of the United States, and injured the interests of the Nation.

Secretary Hegseth engaged in this scheme or course of conduct through the following means:

(1) Secretary Hegseth authorized strikes, beginning on September 2, 2025, without authorization from Congress pursuant to Article I, Section 8, Clause 11 of the United States Constitution, and in the absence of a declaration of war, specific statutory authorization for the use of military force, or a national emergency created by an attack upon the United States, its territories or possessions, or its Armed Forces, as provided in chapter 33 of title 50, United States Code.

(2) Secretary Hegseth ordered and oversaw the strike campaign against seagoing vessels alleged to be smuggling narcotics in international waters, comprising at least 63 separate attack events—44 in the Eastern Pacific Ocean, 17 in the Caribbean Sea, and 2 in unspecified locations—which struck 67 vessels and killed at least 221 individuals. In doing so:

(A) Secretary Hegseth displaced the statutory framework established by sections 70503 and 70504 of title 46, United States Code, under which Congress expressly treated maritime narcotics offenses, including conduct occurring on the high seas, as federal crimes subject to apprehension, prosecution, and trial in an appropriate United States district court, and instead treated such offenses as predicates for lethal military targeting.

(B) Secretary Hegseth disregarded the statutory restrictions in sections 274 and 275 of title 10, United States Code, governing direct participation by members of the Army, Navy, Air Force, or Marine Corps in civilian law enforcement activities, including federal narcotics enforcement, by employing lethal military force against persons suspected of drug trafficking absent any congressionally enacted authorization for the use of military force or other statutory authorization for such direct military action.

(C) Secretary Hegseth disregarded the maritime law-enforcement framework established by sections 102 and 522 of title 14, United States Code, as well as section 279 of title 10, United States Code, under which only the Coast Guard is authorized to conduct interdiction, search, seizure, and arrest, and he did so by directing members of the Army, Navy, Air Force, or Marine Corps to employ lethal military force in place of the law-enforcement processes.

(3) Secretary Hegseth established targeting guidelines for such strikes on August 5, 2025, by issuing an Execute Order (EXORD) directing the use of United States military force against persons alleged to be members or affiliates of certain "Designated Terrorist Organizations" (DTOs) as follows:

(A) Secretary Hegseth established guidelines that:

(i) used "Designated Terrorist Organizations" as a targeting category, notwithstanding that term is not a congressionally created designation conferring authority to use military force;

(ii) did not require positive identification of any targeted person but instead required only "reasonable certainty" that such person was a member or affiliate of a designated DTO, a threshold lower than the "near certainty" standard established for drone strikes on suspected al-Qaeda militants during the congressionally authorized Global War on Terror; and

(iii) did not require the presence of weapons or narcotics on targeted vessels alleged to be smuggling narcotics in association with a DTO.

(4) Secretary Hegseth, in the course of such strikes, oversaw orders resulting in the denial of quarter to, and the failure to provide timely rescue for, shipwrecked survivors of initial strikes, including:

(A) On September 2, 2025, during the first strike of the campaign, the United States Navy attacked a seagoing vessel carrying 11 persons between the coast of Venezuela and the nearby Caribbean nation of Trinidad and Tobago. The strike destroyed and capsized the vessel. Approximately 45 minutes later, while two survivors clung to the wreckage, a secondary strike was ordered, killing both survivors. In doing so, Secretary Hegseth has endangered members of the our Armed Forces in future military engagements by encouraging adversaries to subject American service members to the same treatment

(B) On December 30, 2025, United States Southern Command attacked three vessels approximately 400 nautical miles southwest of Ocos, Guatemala, in the Eastern Pacific Ocean, killing 3 persons and leaving 8 others shipwrecked. Although the campaign had been underway for approximately four months, no recovery assets had been prepositioned to rescue survivors. Rescue assets did not arrive until approximately 45 hours after the strikes, by which time all 8 shipwrecked survivors had died at sea. In doing so, Secretary Hegseth has endangered members of the our Armed Forces in future military engagements by encouraging adversaries to subject American service members to the same treatment

(5) Secretary Hegseth took actions to preempt, constrain, and overcome independent legal objections within the Department of Defense concerning the lawfulness of such strikes, including:

(A) Secretary Hegseth removed the senior-most Judge Advocates General of the Army, Navy, and Air Force without stating a reason or cause, thereby foreseeably chilling the exercise of independent legal judgement by judge advocates tasked with advising military commanders on the lawfulness of combat operations, and subsequently stating at a Pentagon Press conference on February 25, 2025, he did not want military lawyers to serve as "roadblocks to orders that are given by a commander in chief."

(B) Secretary Hegseth employed an interagency group of lawyers, comprising four career officials and four political appointees from the Department of Defense, the Office of the Joint Chiefs of Staff, the Central Intelligence Agency, the White House, and the Office of Legal Counsel, to develop a classified memorandum purporting to establish a legal basis for such strikes and to address anticipated objections to their execution, falsely asserting that:

(i) the United States is engaged in a non-international armed conflict (NIAC) with 24 Latin American Designated Terrorist Organizations (DTOs), thereby attempting to displace the governing law-enforcement framework, as established in paragraph (2), and substitute an armed-conflict framework for the conduct of military operations against such organizations, despite the absence of congressional authorization for such military action, notwithstanding that—

(I) pursuant to Little v. Barreme (1804), and Utility Air Regulatory Group v. EPA (2014), an Executive Branch legal memorandum cannot enlarge authority conferred by Congress or legalize conduct otherwise unauthorized by statute;

(ii) the strikes do not constitute "hostilities" within the meaning of chapter 33 of title 50, United States Code, because they do not place United States personnel in danger, presumptively on the basis that such vessels are incapable of self-defense—a predicate that would likewise mean that any military action conducted by drone, or any airstrike against a target lacking air-defense capabilities, could also not constitute "hostilities"; and

(iii) the DTOs are engaged in armed violence against the security forces of allied nations, including Mexico, and such violence is financed through cocaine trafficking, such that the strikes may be characterized as attacks against cocaine shipments and the deaths of persons aboard targeted vessels as collateral damage; a rationale inconsistent with the EXORD targeting guidelines described in paragraph (3), which did not require narcotics to be present aboard a targeted vessel and instead authorized targeting based on alleged DTO membership or affiliation.

Secretary Hegseth abused the authority and trust vested in him as Secretary of Defense not only by directing the unlawful use of lethal military force, resulting in the summary execution of at least 221 persons in international waters, but also by using his office to compel members of the Armed Forces to carry out such operations under false legal authorities that he caused to be constructed and imposed upon the chain of command. In denying quarter and refusing rescue, Secretary Hegseth endangered members of the United States Armed Forces in future military engagements by encouraging adversaries to subject American service members to such treatment

Secretary Hegseth further endangered United States law-enforcement personnel by substituting lethal military targeting for the established maritime law-enforcement practices of interdiction, search, seizure, arrest, and prosecution. By demonstrating that vessels merely suspected of narcotics trafficking may be destroyed and their occupants killed rather than interdicted and arrested, Secretary Hegseth foreseeably increased the likelihood that persons aboard such vessels will perceive future encounters with United States authorities as threats to their lives and respond with lethal force rather than surrender. In this manner, his conduct not only endangered the persons unlawfully targeted by the strike campaign but also made lawful enforcement of United States narcotics laws at sea more dangerous for the Coast Guard and other federal personnel charged with carrying them out.

In all of this, Secretary Hegseth has acted in a manner contrary to his trust as Secretary of Defense and subversive of constitutional government, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States of America.

Wherefore, Secretary of Defense Peter Hegseth, by such conduct, has demonstrated that he will remain a threat to civilians and the laws of war, the integrity of United States diplomacy, and the Constitution if allowed to remain in office, and has acted in a manner grossly incompatible with his duties and the rule of law. Peter Brian Hegseth thus warrants impeachment and trial, removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

(AI technology assisted in the news gathering and initial stage drafting of this Daily Digest.)