Logo created for our Philippines campaign by artist Cesar Maxit. It combines the universal human rights logo with imprisoned Senator Leila de Lima's famous hand gesture.
Thank you for taking the time to read about our global advocacy program on the human rights crisis in the Philippine drug war. Below you will find detailed discussion of work through s, with video and links to statements or news articles, but only updated through July 2018.
Work done since then, about which we'll be adding in detail to this page soon, includes:
February 2019 "soft launch" of "Stand with Human Rights and Democracy: Global Campaign for the Philippines";
March 2019 forum at the UN Commission on Narcotic Drugs in Vienna;
July 2019 forum at the UN High Level Political Forum on Sustainable Development in New York;
December 2019 forum at the International Criminal Court's Assembly of States Parties in The Hague;
speeches and other participation in allied groups' events in Washington;
community meeting on International Human Rights Advocacy at the International Conference on Drug Policy Reform;
work we are doing in the US Congress; and
other help we are providing to allies.
Material we will be posting from these activities includes but is not limited to:
highlights from February campaign events;
video footage of the three forums (which bring our total number of events to date to six);
presentations on the disinformation and social media manipulation campaigns that underpin Duterte's drug war and moves toward autocracy; and
photos from various events.
One particular highlight we will mention here is that our March 2019 event drew significant media in the Philippines, due to the participation by Skype of Law School Dean and then senatorial candidate Chel Diokno, who criticized the "erosion of the Philippine justice system." This in turn drew a public response from the government's Justice Secretary, their equivalent of Attorney General.
As noted above, the video and other resources we will be posting broadens our efforts to include exposing the disinformation and social media manipulation campaigns being carried out by President Duterte and his allies, which are a key plank of his drug war and moves toward authoritarianism. Presentations done for our events including cutting edge academic research and journalism on how appearances are being manipulated through concerted paid online efforts by "trolls" and others.
While much of the world moves toward compassionate drug policy reform, a populist would-be dictator has led one country cruelly backwards.
Since taking office, President Rodrigo Duterte of the Philippines has orchestrated a brutal campaign of extrajudicial killings, mainly as part of his "drug war." Credible estimates for the number of dead range from at least 12,000 to a likely 30,000 or more since mid-2016.
Ominously, a "Duterte effect" in the region has led to extrajudicial drug war killings in Indonesia and Bangladesh, and high-level officials in Malaysia and Turkey have also called for killings or other extrajudicial violence. In a move that has comforted human rights violators everywhere, President Trump has praised Duterte's drug war, twice.
funeral for victim of Duterte's drug war killings
Other abuses in have affected hundreds of thousands, and killings of activists, priests, even mayors are growing as well. In July 2019, the administration filed sedition cases against 35 opposition figures, including Catholic priests and Bishops, current and former Senators and candidates, even Vice President Leni Robredo. After the International Criminal Court announced a preliminary examination of allegations about the Philippine drug war, the administration withdrew the Philippines from the ICC's Rome Treaty.
Duterte is aggressively attacking his critics and the nation's democratic institutions as he seeks to bring about dictatorship. If he succeeds, there's no knowing where or how far the killings may go.
"There are 3 million drug addicts (in the Philippines). I'd be happy to slaughter them. If Germany had Hitler, the Philippines would have..." [points at himself]
Our UN events have been high-profile. The first, in March 2017, triggered a major political incident in the Philippines, after Vice President Robredo, a human rights lawyer and opposition leader, sent us a speech by video which criticized the President's drug policies. Our March 2019 event drew headlines in the Philippines and forced a response from the nation's Justice Secretary. Full information on the series appears below.
The "Stand with Human Rights and Democracy" campaign links drug policy reform in general terms to big issues of the day including democracy, human rights, rule of law, and the fight against internet-powered disinformation and authoritarianism.
Our work in this area grew our of advocacy we've done at the United Nations since late 2014. As part of a global community of reform-minded NGOs, we call for people-centered approaches to drug policy governed by human rights. Initially this aimed at the April 2016 UN General Assembly Special Session on the World Drug Problem (UNGASS). When Duterte was elected and the Philippine slaughter began, we turned our attention there.
Philippine Vice President Leni Robredo recorded a powerful video for our March 2017 UN event.
The pro-Duterte forces have noticed us. Duterte allies including the (now former) Speaker of the Philippine House of Representatives have attacked Philippine opposition leaders for working with us. Orchestrated online troll armies have descended on our videos. One of our events even prompted fake news stories.
We are currently crafting plans for moving forward in this campaign in an even bigger way. Please subscribe to our newsletter to make sure you don't miss any announcements about it. If you have a particular interest in the Philippines and want to be in touch about this, please email us.
Under the auspices of our UN-accredited 501(c)(3) nonprofit, DRCNet Foundation, we have organized events in conjunction with the 2017, 2018 and 2019 Commission on Narcotic Drugs (CND) meetings in Vienna, the 2018 and 2019 High Level Political Forum on Sustainable Development meetings in New York, and the 2019 Assembly of States Parties of the International Criminal Court in The Hague.
TIME magazine did the first posting of the vice president's video, embedding it from our YouTube account.
Vienna 2017: Our March 2017 event, coorganized with the Manila-based Council of Asian Liberals and Democrats, drew massive attention in the Philippines, due to a speech by video from Philippines Vice President Leni Robredo that led to unfair attacks on her by Duterte allies and an (ultimately unsuccessful) impeachment drive. The video also garnered US and international coverage. Robredo's video strongly criticized Duterte's drug war, as well as Duterte-led moves in the Philippines Congress (also so far unsuccessful) to reinstate the death penalty, including for drug offenses, and to lower the age of criminal liability to nine.
We released the video on Monday March 13, three days before our event, offering TIME magazine the exclusive first posting. TIME followed up with an interview with Robredo. Along with extensive coverage in Philippine mainstream media, discussion of the video trended on Twitter, and was covered by wire services and outlets throughout Asia and the Gulf.
Unfortunately though not surprisingly, Duterte's forces hit back. The Speaker of the Philippine House of Representatives and the president's Spokesperson both claimed the vice president's office (OVP) must have timed the video's release to coincide with other events that week. They principally pointed to an impeachment complaint a congressman filed against Duterte the day after we released the video, as well as a resolution in the European Parliament calling for the release of Duterte critic Sen. Leila de Lima. They presented this as evidence Robredo was engaged in a "destabilization campaign" against the government.
Robredo's opponents used the video to attack her politically.
While still in Vienna, we released a statement to media refuting those claims. It documented that UN staff had scheduled side events for the CND nearly two months earlier, and attested that OVP had made no requests of us. (Our event appears on page ten of the 2017 CND side events list; a screenshot of that document's properties page shows it was published on January 23, compared with the event's March 16 date.) Sen. Kiko Pangilinan distributed the statement to the Liberal Party's media list, and we also contacted Philippine media. CNN Philippines, on which the president's spokesperson had first made the false claim about the role of the video, published the most extensive story about our debunking of it. (See news links below.)
coverage of our statement defending the vice president, CNN Philippines mobile home page
While our statement helped to defuse the specific charge of a coordinated campaign by the vice president, Duterte's team had ignited a political firestorm over the video which already had its own momentum, and which turned into a campaign to impeach Robredo. At the height of the furor, opportunistic celebrities even held a concert and rally against Robredo. (Their campaign reached the US west coast, when a Filipino American group in Hayward, California held an affinity rally.)
The political heat that Robredo, a human rights lawyer, took for participating in our event is unfortunate. But she has continued to speak out against the killings, and remains a popular figure.
News reports on our event, the vice president's video, and its fallout, are too numerous to link here, and media continued for a long time to refer to them when discussing the vice president's political trajectory. One example is this analysis in the prominent Philippine news outlet Rappler, as of late 2019 ranked as the 10th more read web site in the Philippines. We post here a selection of key news links, as well as links for video footage of our entire event and other resources.
Philippine officials provided the government's response. (photo by Joey Tranchina)
Event footage is available online here. Along with the Robredo statement and an Amnesty International video, it includes presentations by Chito Gascon, Chairperson of the Commission on Human Rights of the Philippines; Abhisit Vejjajiva, former Prime Minister of Thailand and current chair of event cosponsor the Council of Asian Liberals and Democrats (video); Lousewies van der Laan, former leader of the Dutch D66 party (Skype); Alison Smith, lead counsel and head of international criminal justice programs at the NGO No Peace Without Justice; Marco Perduca, former Senator from Italy and a member of our board of directors; and a written statement from US Rep. Earl Blumenauer (D-OR). We also have transcripts and a detailed summary.
Co-moderator Marco Perduca, former senator of Italy, and David Borden speaking with Amnesty International's Daniel Joloy, other speakers Alison Smith (just off screen) and Lousewies van der Laan (on Skype). (photo by Joey Tranchina)
Following are some key news article and related links:
The Philippines' largest broadsheet newspaper and 8th most read web site in the country as of this writing, The Inquirer, interviewed our executive director David Borden, as well as fellow event speaker Alison Smith, two weeks after the event. The interview, titled "Group says Duterte, not Robredo, upsetting int'l community," was widely read, shared by Inquirer readers nearly 9,000 times.
Vienna 2018: A year almost to the day after our 2017 event (and in the same room at the UN), we held another event featuring outspoken opposition Philippine Senator Antonio F. Trillanes IV. (Duterte has said of Trillanes, "I [will] destroy him, or he will destroy me.")
In a sign of the times, the day before our event when Senator Trillanes arrived at the UN, President Duterte transmitted one-year notice of the Philippines withdrawing from the International Criminal Court, in retaliation for the ICC's preliminary investigation of his drug war. The night before our event, prosecutors in the Philippines indicted the senator on a spurious sedition charge.
Tania Ramírez and Natalie Ginsberg read Senator de Lima's statement. Alessandro de Luca also pictured. (photo by Joey Tranchina)
Senator Leila de Lima contributed a written statement to our event as well. Joining Senator Trillanes as featured speaker was Ellecer Carlos, well-known spokesperson for the iDEFEND Philippine human rights coalition. The event was again co-moderated by David Borden and Marco Perduca.
speaker meeting before the forum (photo by Joey Tranchina)
Roughly 70 people attended, many forced to stand outside the 30-person capacity meeting room. Attendees represented a range of governments, UN agencies, NGOs, and members of the local Filipino community.
While the sedition charge became the main news story, driving out much of the coverage our event might otherwise have gotten, we did get some media including television:
- Trillanes not backing down on sedition case (The Philippines' top news outlet, ABS-CBN, filmed for this report at our event. The sedition indictment, which was issued the night before, became the main story.)
fake news story with fabricated statement attributed to us
In another sign of the times, Filipinos working in Vienna attended our event, including both supporters and critics of President Duterte. One member of the "Die Hard Duterte Supporters contingent (DDS -- a play on the infamous "Davao Death Squad" Duterte operated as mayor) challenged Senator Trillanes on the number of killings during the discussion time, while others videorecorded. The pro-Duterte media forces selectively edited the video in order to create an appearance that Trillanes didn't have an answer for him (as the senator and his staff had predicted). An example from a local newspaper in the Philippines appears here. Our Facebook Live video shows that Senator Trillanes did respond, however, and that the encounter was a civil one. The two spoke at length following the event.
Our visit to the UN cafeteria the day before the event led to a series of misleading and fake news stories. A Filipino cashier noticed Senator Trillanes was wearing an NGO badge, rather than one issued by the Philippines' Mission to the UN, and sent a picture to a pro-Duterte blogger. The blogger's post, which misidentified us as a Filipino American NGO, is online here, and has over 7,700 shares. An article posted on two Philippines-focused sites (here and here) "confirmed" that the senator had entered the UN through our auspices.
This information in these pieces isn't fake per se, but they attempt to imply a scandal or problem where there was none. A fake news story followed on the blog post, includes a photo of us on the lunch line with Trillanes, but claims falsely that the senator was "scolded" by a UN security guard who told him to "eat last." A follow-up fake news piece features a fabricated statement attributed to our organization. >A third piece by the same writer provided video from our event of a Filipino Duterte supporter contesting Trillanes' information, but implied falsely that the senator fell silent instead of responding to him.
The Facebook Live video stream from this event follows below. We will post an edited playlist copy and transcript in the near future. In the meanwhile, a realtime transcript from the CND Blog can be read here, and individual speeches can be accessed by going to the following points in the video. (We're not able to link to specific times within Facebook videos.)
Statement of Senator Leila de Lima, read by Tania Ramírez and Natalie Lyla Ginsberg (13:38)
David Borden (20:17)
Marco Perduca (21:03)
Senator Antonio Trillanes (26:42)
Ellecer Carlos (27:12)
Discussion (59:20)
See our September 2018 statement regarding another attempt by the Duterte administration to imprison Trillanes, their most serious one yet.
New York 2018: On July 16, we hosted the third event in the series, "Human Rights Challenge: Judicial and Extrajudicial Killings in a Time of Authoritarianism," expanding the scope of the discussion to include the death penalty for drug offenses. The event was held at the Church Center of the United Nations, in conjunction with the UN High Level Political Forum on Sustainable Development.
Prominent opposition leader Senator Risa Hontiveros of the Philippines provided a video for our event, calling for international solidarity for human rights and an end to Duterte's drug war. The two hour event also featured Professor Jason Wright of the Washington & Lee Law School, speaking on behalf of the California-based group Death Penalty Focus; and Justine Balane, International Secretary for Akbayan Youth in the Philippines, via Skype.
The largest Philippine news outlet, ABS-CBN, filmed the event, and a report ran on their US station, Balitang America.
Following is the Balitang America's YouTube copy of the TV report:
Following is full video of the event. An edited playlist copy and transcript will be posted in the near future. In the meanwhile, individual sections can be accessed by clicking on the time indications in this list:
Welcome and Acknowledgments by David Borden, Executive Director, StoptheDrugWar.org (0:00)
For the one-year mark of the jailing of Duterte critic Senator Leila de Lima on spurious drug charges, we organized a protest at the Philippine Embassy in Washington, DC. The event featured street theater with Duterte and Philippine National Police figures arresting Senator de Lima and pretending to shoot attendees.
Allies in the Philippines helped to promote the event's Facebook Live video stream, and it went viral in the Philippines, with nearly 470,000 views as of this writing. Among our cosponsors in the action were Amnesty International, the Filipino American Human Rights Alliance and the Ecumenical Advocacy Network on the Philippines.
Other Philippines-focused groups such as Gabriela-DC and the International Coalition on Human Rights in the Philippines-US were participated as well. The event represented a step for Philippines-focused groups with various different ideological roots working together. Video of the action went viral in the Philippines, and has garnered nearly 470,000 views. Since that time our executive director, David Borden, has been a go-to person about the drug war for demonstrations organized by Filipino American groups.
In the lead up to the November 2017 Summit of the Association of Southeast Asian Nations (ASEAN), which was hosted by Duterte in the Philippines, we organized a global sign-on statement which calls for a UN-led investigation of the drug war killings; for the leaders of ASEAN member states and other world leaders attending to speak up about the issue; and for international aid donor governments to impose human rights conditions on law enforcement assistance to the Philippines, while funding positive programs that could serve as an alternative to the Philippine drug war, and funding the work of human rights advocates.
InterAksyon article
Nearly 300 NGOs and prominent individuals endorsed the statement. Of the 240 NGO endorsers, more than 50 are based in Asia, including a majority of ASEAN member states as well as India, Pakistan and Sri Lanka. There are also several Asia-wide networks devoted to issues such as HIV, transgender and drug user concerns, and youth democracy activism.
Some notable signatories on the document include the National Organization for Women (NOW), Doctors of the World, the Free Legal Assistance Group (FLAG, a nationwide Philippines human rights lawyers group founded during the Marcos dictatorship years), Treatment Communities of America, prominent human rights advocate and actor of MASH fame Mike Farrell, former police chief of Seattle Norm Stamper, and others.
A political component of the statement's outreach efforts, which was in its early stages at the time of the statement's release, secured endorsements from legislators in Canada, Italy, Cambodia, and Washington State, as well as other political and governmental officials from Singapore, Canada and the UK.
The statement was covered by four important Philippines news outlets:
The Interaksyon article credited our coalition with renewing global calls for a UN-led probe into the drug war killings.
Legislative Lobbying
April 2018 lobbying coalition
A bipartisan bill in the US Senate, "The Philippine Human Rights Accountability and Counternarcotics Act of 2017," would enact human rights conditions on some law enforcement assistance to the Philippines, based on certifications by the US State Dept., while funding public health programs to address substance issues as well as human rights work. There is similar language in the current version of the Senate Foreign Operations Appropriations bill. We are working with a coalition that includes Filipino American organizations and faith networks, to pass this legislation as part of the upcoming appropriations process, or if not then later during the 2018 session of Congress.
In April 2018, StoptheDrugWar.org's executive director David Borden was invited to join a lobbying group that included advocates visiting from the Philippines as part of the Stop the Killings Speaking Tour 2018 of the Caravan for Peace and Justice for the Philippines, as well as representatives of Filipino American organizations, faith groups participating in the Ecumenical Advocacy Days the weekend before, and others. Key organizers of the lobbying effort were the Ecumenical Advocacy Network on the Philippines and the International Coalition for Human Rights in the Philippines US Chapter. Borden is regularly asked by Filipino American advocates to address the drug war in meetings and demonstrations.
An update and action alert we published is online here, and includes information on what the most key states and congressional districts are. We have a write-to-Congress form supporting S. 1055 online here.
We view this legislation as important not only for its potential impact on the Duterte administration's political cost-benefit analysis on this issue, but also because of the inconsistent approach to the matter taken by the current US administration. While the State Department has raised some concerns about the drug war killings, President Trump has made comments which seem to green-light them.
Specifically, in December 2016 Trump and Duterte spoke on the phone, after which Duterte claimed that Trump praised his drug policies. While Duterte could have made that up, the Trump team never rebutted the claim.
After Trump and Duterte spoke again in April 2017, a statement on the White House web site said they discussed " fighting very hard to rid its country of drugs," with no qualification of that statement to exclude extrajudicial killings from Trump's apparent praise. A transcript of the April conversation leaked to Rappler quotes Trump congratulating Duterte for doing an "'unbelievable job' in the war on drugs."
Finally, Trump was silent about the issue during his appearance at the ASEAN Summit, at least publicly. A White House spokesperson said that Trump and Duterte talked briefly about human rights, but did not elaborate. Duterte has recently claimed that a White House visit is in the works, pending scheduling.
Coalition Building
As the above sections show, we have actively sought partners in this campaign, both in the Philippines and in the Filipino American community, including groups spanning a range of the ideological spectrum. But we have also sought to bring others in to the effort -- from drug policy reform, international criminal justice advocacy, the anti-death penalty movement and others.
In March before heading to Vienna for our event with Senator Trillanes, we organized a panel for the Students for Sensible Drug Policy conference in Baltimore, "Human Rights Challenge, Responding to extrajudicial killings in the Philippines." Our panel featured Eric Lachica of US Filipinos for Good Governance; and Shamah Bulangis and Justine Balane, National Secretary General and International Secretary respectively of Akbayan Youth, who are also SSDP Ambassadors for the Philippines.
The panel was well attended, and following it, we brought signs from Philippines-related demonstrations (our 2/28 embassy protest and others) to the plenary hall, where conference attendees, following a group picture, took a second group pictures with the signs, while holding hands up in a Philippines protest symbol. The photo, posted to Facebook by an attendee, went viral in the Philippines.
The energy of the event and level of interest in this campaign that was shown there, following our successful protest a week earlier, makes us believe that a larger movement can be built on this issue, capable of bringing greater pressure on the Duterte administration over the killings. Please subscribe to our email list to be updated as plans progress, and feel free to contact us directly in the meanwhile.
David Borden met with members of the Filipino American Human Rights Alliance San Francisco chapter in July 2018. In this video, filmed by FAHRA leader Ago Pedalizo, Borden remarks on the recent awarding of the prestigious "Prize for Freedom" award to Senator de Lima:
These efforts, which continue into 2018, are part of a global drug policy reform program StoptheDrugWar.org has pursued decisively since fall 2014. Much of that involves the United Nations, and our 501(c)(3) US nonprofit organization, DRCNet Foundation Inc., is an accredited NGO in Special Consultative Status with the UN's Economic and Social Council (ECOSOC).
Our international drug policy program is headed by our founder and 24-year executive director, David Borden, who tweets as @stopthedrugwar, and who starting in the near future will tweet on Philippines matters as @BordenUNEventPH. In the near future our organization's blog and newsletter will have a significant focus on the Philippines as well. Our Philippines-related content can also be accessed through our category archive at https://stopthedrugwar.org/philippines.
A former Michigan medical marijuana regulator heads to prison for bribery, the Jacksonville Sheriff's Office rejects cocaine field tests as "unreliable," and more.
Cocaine or not cocaine? A Florida sheriff's office is foregoing cocaine field tests after finding them unreliable. (Pixabay)
Medical Marijuana
Michigan Former Medical Marijuana Top Regulator Heads for Prison on Bribery Charges. The former head of the state's Medical Marihuana Licensing Board was sentenced to 55 months in federal prison Thursday after earlier pleading guilty to soliciting and accepting bribes. Rick Johnson, a Republican who is also the former Speaker of the House, headed the now defunct board, which was in charge of reviewing and granting licenses for people seeking to grow and sell medical marijuana.
"Today's sentence sends a very strong message that public corruption will not be tolerated in the state of Michigan," Mark Totten, US Attorney for the Western District of Michigan, said after the sentencing. "The length of this sentence reflects the seriousness of the offense."
Johnson admitted receiving at least $110,000 in payments, $20,000 in loans that did not have repayment terms, and "thousands of dollars" in services from a sex worker. Johnson chaired the board from 2015 to 2017. Gov. Gretchen Whitmer (D) dismantled the board in 2019.
Utah Dispensary Workers Vote to Unionize with UFCW. Workers at the Dragonfly Wellness medical marijuana dispensary in Salt Lake City voted Tuesday to join the United Food and Commercial Workers (UFCW). The unionization vote involved 30 employees, who become the first in the state's medical marijuana industry to unionize.
"Employees included in the newly formed cannabis union include Dragonfly Wellness associates, team leads, drivers, delivery leads, inventory specialists, pharmacists, and head trainers," according to a UFCW Local 99 news release.
"Fentanyl and other dangerous drugs are killing people, causing harm, and creating unsafe conditions Downtown and in neighborhoods across Seattle. This law gives us another tool to help those in need access treatment and to keep sidewalks and neighborhoods welcoming for all residents, and my Executive Order provides needed implementation guidance and ensures we are collecting data to measure effectiveness," said Harrell. "We are committed to learning lessons from the past, holding traffickers, dealers, and those causing the most harm accountable, and helping people access treatment and care through diversion services."
The Executive Order provides direction to officers on how to enforce the ordinance, including examples of how public use and possession can be established and factors that will guide the threat of harm assessment. The Executive Order makes clear that harm pertains to the impact on the ability of others to use shared public space and identifies areas that have a high likelihood of the presence of other community members and where the use of controlled substances impacts public safety and security.
Mayor Harrell’s Executive Order also reaffirms that diversion is the preferred response to public use and possession offenses and sets expectations for how officers will handle situations where a threat of harm to others is not present. Mayor Harrell’s budget, announced earlier this week, includes millions toward diversion programs and efforts to provide treatment and curb overdose deaths.
Lastly, the Executive Order calls for the collection of data to assess the scope of public use and possession of controlled substances to both better understand the problems facing the City and to create a baseline to measure the effectiveness of the ordinance and its enforcement. This includes analyzing data from Public Health — Seattle & King County, SPD, and other sources.
The legislation passed by the Council and signed by Mayor Harrell will take effect next month. In effect, it will:
Codify state law making public consumption of illegal drugs a gross misdemeanor in the City’s criminal code.
For the first time in the City’s history, designate diversion and treatment as the preferred approach to addressing substance use issues – connecting people with care and responding to a public health crisis with evidence-based health solutions.
Define a new threat of harm standard – differentiating between drug use that threatens others, recognizing the real and perceived danger of consumption of illegal drugs in public places, and aiming to support safe and welcoming neighborhoods by reducing public use.
The ordinance, this Executive Order, and the forthcoming SPD policy are just one aspect of the City’s efforts to address the public health and safety concerns caused by synthetic narcotics.
Drug Testing
Florida Sheriff's Office Ends Use of "Unreliable" Cocaine Testing Kits. The Jacksonsville Sheriff's Office announced Wednesday it would stop using cocaine field tests after finding they generate false-positives for common over-the-counter medications. The office issued a memo ordering personnel to quit using the Scott Company cocaine kits immediately and return any unused ones.
Officers will now need to submit suspected cocaine to the Florida Department of Law Enforcement laboratory for formal testing. Only if it tests positive at the state lab should officers seek an arrest warrant.
While field test results are not by themselves sufficient evidence to prosecute a drug possession case, a positive field test had been enough for an officer to make an arrest, and defendants often plead in drug cases rather than take the cases to trial. Thus, it is possible false positives have resulted in wrongful arrests and convictions.
"Following a meeting this morning with law enforcement, we became aware that field test kits for cocaine have resulted in false positives. We immediately informed the Public Defender’s Office, Regional Conflict Counsel, the Chief Judge, and local Criminal Defense Bar of this development. We are conducting a thorough review of cases potentially implicated to determine what actions need to be taken moving forward to address this issue."
The office "is now exploring new product options for presumptive field-testing kits for cocaine for future use."
Pot prohibition in Pennsylvania is getting squeezed. Of its neighboring states, Maryland, New Jersey, and New York have already legalized marijuana, Ohio voters will have their chance to approve it in November, and only West Virginia shares the state's status as a medical marijuana-only state.
State Sen. Sharif Street (D-North Philadelphia) is a key cosponsor of a marijuana legalization bill. (pa.gov)
Efforts to advance adult use legalization in Harrisburg have been stymied for years by Republican control of the statehouse, but after last year's elections, the state now has a Democratic governor in Josh Shapiro, the House now has a Democratic majority, and cracks are now appearing in the Republican-led Senate, where at least two GOP senators are ready to get on board.
Gov. Shapiro in March proposed marijuana legalization as part of his 2023–2024 budget, and this year, there are once again are marijuana legalization bills before the legislature. Rep. David Delloso has once again filed a state liquor store model legalization bill, House Bill 1080, and one of those Republican Senate converts, Sen. Dan Laughlin, is the cosponsor of another legalization bill, Senate Bill 846.
"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin upon filing the bill in July. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."
The bill would legalize the possession of marijuana by people 21 and over and set up a system of taxed and regulated marijuana commerce. It would also address social equity by granting licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. It would also all non-violent marijuana convictions. Ensuring that minority communities disproportionately impacted by drug prohibition is critical, Black legislators say.
"We have a unique and singular opportunity to correct decades of mass incarceration, disproportionate enforcement against marginalized communities, the criminalization of personal choice and the perpetuation of violence, which all materialized from the failed war on drugs," said Sen. Sharif Street, a Democratic cosponsor of the bill. "Legalizing the adult use of cannabis will help us fully and equitably fund education, lower property taxes, and address a variety of community needs throughout Pennsylvania."
Social equity was definitely on the mind of attendees at last week's Cannabis Opportunities Conference—partof the Diasporic Alliance for Cannabis Opportunity’s (DACO) Black Cannabis Week. The event was hosted by Sen. Street and covered by Marijuana Moment.
"This is going to be a multibillion-dollar industry," Street. "We need to make sure that we’re inclusive … We need to make sure that folks can participate at every level of this industry."
Bill cosponsor Rep. Donna Bullock (D), who has previously spoken out against the dominance of large, multistate marijuana companies, was adamant that legalization come with strong social equity provisions.
"No bill will move with my name on it until I’m comfortable that we actually answer those questions," she said. "No bill will move with my name on it until I know for sure we’re not repeating the mistakes of equity in name only. If you think you’re going to get me with just some expungements, you got it wrong," she added.
"I think sometimes some people get scared to say ‘Black,’" Rep. Darisha Parker (D) said. "If we’re going to really do this for a legislative perspective, then all of us in the state need to make sure that we’re actually doing it, making sure that we’re actually supporting the individuals for this social equity bill that we’re going to be putting forward. This is our reparations," she added. "Let’s get busy."
These Black lawmakers agreed that they were willing to take the time to get it right; to ensure that some of the harms done by the drug war be redressed and that the communities that suffered them get recompense.
Lawmakers are "still taking inventory" to see what’s worked in other states and what hasn’t, Parker said.
"We’ve had … a hundred years of getting this wrong. I’m not in a rush to get it wrong again," said Bullock.
Street concurred, saying that in Pennsylvania "we’re usually not the first to get anything done, but we’d like to be the first to get it right."
It looks like there is some work to be done to make sure marijuana legalization aids those communities harmed by the drug war, and it looks like there is a committed legislative contingent in Harrisburg ready to make sure that happens. Stay tuned.
Wisconsin Democrats roll out a marijuana legalization bill, a Pennsylvania medical marijuana expansion bill passes the Senate, and more.
Members of the Sinaloa Cartel parading through San Gregorio Chemic in Chiapas state, near the Guatemalan border. (YouTube)
Marijuana Policy
House Democrats Reintroduce Comprehensive Marijuana Reform Legislation. House Judiciary Committee Ranking Member Jerrold Nadler (D-NY), along with Representatives Earl Blumenauer (D-OR), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX) and Nydia Velázquez (D-NY) have reintroduced the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 5601), one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.
Following efforts led by states across the nation, the MORE Act decriminalizes marijuana at the federal level. The bill also aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions. This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life. The MORE Act also ensures that all benefits in the law are available to juvenile offenders.
The bill:
Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, The Cannabis Opportunity Grant Program: youth recreation, mentoring, and substance use treatment.
Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals
The Equitable Licensing Grant Program: Provides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry.
The MORE Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Leadership Conference on Civil and Human Rights, Drug Policy Alliance, NORML, Better Organizing to Win Legalization, and Minorities for Medical Marijuana, the Center for American Progress, and Students for Sensible Drug Policy.
Wisconsin Democrats File Marijuana Legalization Bill. State Sen. Melissa Agard and state Rep. Darrin B. Madison have introduced a marijuana legalization bill. This bill would allow Wisconsin to join thirty-eight states and the District of Columbia that have passed laws broadly legalizing cannabis in some form. Republican majorities in the legislature have blocked any progress on such bills in the past.
"I’ve said this time and time again – we know that the most dangerous thing about cannabis in Wisconsin is that it remains illegal," said Sen. Agard. "For the past decade, I have worked to undo Wisconsin’s antiquated and deeply unjust marijuana policies and put our state on a prosperous path forward.
"Legalizing cannabis is a matter of public safety and racial justice here in Wisconsin," said Rep. Madison. "People in Wisconsin indulge in cannabis use and deserve the ability to buy safe cannabis and use it responsibly without being criminalized. According to the ACLU, Black people were 4.24 times more likely to be arrested than white people in Wisconsin during 2018. Similar disparities exist in convictions, leading to immeasurable harm to black communities in Wisconsin. The bill we’ve introduced today lays a solid foundation for those that have been harshly convicted for non-violent possession charges and the ramifications of those convictions."
Under the proposal, adults in Wisconsin aged 21 and older could legally have marijuana in their possession. The measure would also lay the groundwork for a regulated cannabis market to launch in the state.
Medical Marijuana
Pennsylvania Senate Passes Bill to Expand Medical Marijuana Program. The Senate has approved a bill that would expand the state’s medical marijuana program by allowing growers to sell directly to patients despite ongoing federal cannabis prohibition. The bill was approved last Wednesday on a 44-3 vote.
Sen. Chris Gebhard and a bipartisan coalition of senators introduced Senate Bill 773 earlier this year. The current state medical law authorizes licenses for 25 businesses growing and processing medical marijuana, but only five of those licensees can sell directly to patients through vertically integrated dispensaries. SB773 would allow all medical marijuana growers and processes to sell directly to patients.
The bill now goes to the House, where it may become a vehicle for broader reforms, from allowing for patient home cultivation to converting the bill into a full-on legalization bill. But changes too profound could endanger an amended bill's prospects back in the Senate, which would have to address any changes.
"There will certainly be vigorous discussions there on what shape this bill will come back to the Senate in said Sen. Dan Laughlin (R). "If this becomes a vehicle for adult use, I doubt that it would pass this chamber. However, I think if they do add home-grown to this bill, it would strengthen the bill and I believe that we would be able to get it through this chamber as well."
Drug Policy
San Francisco Mayor Proposes Mandatory Drug Treatment for Cash Assistance Programs. Trying a new tack in the city's ongoing effort to get a grip on open air drug use and an overdose crisis, Mayor London Breed is now proposing that city residents with addiction issues who receive cash assistance be required to undergo drug treatment in order to keep receiving payments. The proposal would have to be approved by the Board of Supervisors.
Under the proposal, people who apply for County Adult Assistance Programs would have to undergo screening for substance use disorder and participate in a treatment program if they're found to have an addiction. People who refuse or who "do not successfully engage in treatment" would not be eligible for cash assistance.
"We fund a wide range of services, and we want to help people get the care they need but under current state law, local government lack tools to compel people into treatment," Breed said. "This initiative aims to create more accountability and help get people to accept the treatment and services they need."
Some, but not all, supervisors are on board. Board President Aaron Peskin demurred, saying that Breed should focus on stopping dealers and open-air drug markets rather than "drug testing people on welfare."
"If she can't find the way to prevent several hundred brazen criminals from selling deadly drugs -- how does she think she will find the resources to drug test thousands of welfare recipients?" Peskin said
Drug Testing
Washington Department of Corrections Sued Over Faulty Drug Tests, Harsh Punishments. Columbia Legal Services (CLS) filed a class action complaint against the Washington State Department of Corrections (DOC), challenging the widespread practice of imposing harsh discipline on people in DOC facilities based on unreliable drug testing. People have faced months in solitary confinement, delays in release from prison, loss of visitation, and other cruel punishments after colorimetric tests have returned "presumptive" positive results on incoming mail and other possessions.
Clifton Bell, et al. v. Washington State Department of Corrections, filed in Thurston County Superior Court last Friday, alleges that DOC’s actions violate plaintiffs' rights under Washington State law and the Washington State Constitution.Plaintiff Gregory Hyde was placed in administrative segregation (another term for solitary confinement) for almost five months after a presumptive positive test result. The item that tested positive for drugs was a packet of crossword, word search, and Sudoku puzzle books sent by Mr. Hyde’s father and stepmother.
After facing months of irreversible disciplinary actions, DOC returned the books in question to Mr. Hyde with no explanation or expungement of the infraction. His father’s name remains on DOC’s records as having mailed drugs to the prison.
"I think DOC is using its power to punish people who can’t fight back," said Mr. Hyde."My elderly father just wanted to send me some puzzle books. Now they’re saying he’s a drug dealer. Now my father is too far away to see because I got transferred to a different facility. My father is impoverished and on a fixed income. I think it’s an abuse of power. I don’t think DOC should be doing this."
Manufactured by companies like DetectaChem and MMC International, the colorimetric tests (also called roadside tests or field tests) are designed to be initial screening testsand the manufacturers are clear that they require confirmatory testing to be valid. Similar test technologies have been found unlawful in many settings, including in other state prison systems. In 2021, a Massachusetts court forced that state’s DOC to stop using similar colorimetric tests from another manufacturer, with the court describing them as "only marginally better than a coin flip"at identifying drugs. The tests in that case were found to deliver false positives nearly 40 percent of the time.
JNGC fighters had seized the town and blocked the only highway access to it for nearly two weeks, killing and extorting local residents along the way. President Andres Manuel Lopez Obrador announced over the weekend that he was sending 800 National Guard troops to the area. He also implored local youth not to be seduced by the Sinaloa Cartel.
'It turns out that on the border with Guatemala, in Comalapa, towards Motozintla, there are organized crime groups that are fighting for the territory (Jalisco Nueva Generación Cartel and Sinaloa Cartel) to have spaces, to store drugs that enter from Central America, to have control of that territory and they will confront each other, fortunately there have not been many murders,' López Obrador said during his daily presser with the media.
A local Catholic priest said that local residents may have been intimidated into cheering on the Sinaloa Cartel. "Others will say that they have already allied themselves with drug traffickers. They line them up," he said. "It's not that they want to. There will be people who do it on their own, but people are being forced and that is not worth it. People are being forced to defend one cartel, to fight for another and they are being used as cannon fodder."
A House panel approves the CURE Act to protect past marijuana users from federal employment discrimination, the new Thai minister vows to roll back marijuana decriminalization, and more.
Marijuana is on the agenda on Capitol Hill. (Creative Commons)
Sponsored by Sens. Jeff Merkley (D-OR) and Steve Daines (R-MT), the revised bill was filed Wednesday, is set for mark-up in the Senate Banking Committee, and after that, Senate Majority Leader Chuck Schumer (D-NY) says he intends to "bring it to the floor with all due speed."
But despite apparent clear skies in the Senate, the future is a bit cloudier in the House, where a key committee chairman has not committed to allowing it a vote.
Among the key changes to the bill: The Federal Deposit Insurance Corporation gets one year instead of 180 days to develop guidance for financial institutions, regulators must have a "valid" reason for requesting or requiring the termination of bank accounts for any business, regulators must work with state and federal counterparts to create rules or guidance for pot businesses to increase deposit accounts within two years, FDIC must conduct a biennial survey and report to identify barriers to accessing deposit accounts for small-and medium-sized businesses, and the words "diversity and inclusion" have been remove from section titles, even though required reports on data concerning small and minority-, veteran- and women-owned businesses are still in the bill.
The bipartisan bill cosponsored by Reps. Earl Blumenauer (D-OR), Nancy Mace (R-NC), and Jamie Raskin (D-MD) passed on a 30-14 vote, with 10 Republicans joining Democrats in approving it.
The version of the bill approved in committee removed a provision that blocked federal employment and security clearance denials for current marijuana use, leaving the bill addressing only past marijuana use.
International
Scottish Safe Injection Site Pilot Scheme Location Revealed. The proposed safe injection pilot project for the country will be located at the Hunter Street Health Center in the east end of Glasgow. The center already provides a heroin assisted-treatment service.
The safe injection site is becoming a reality after the country's top lawyer officer said users would not be prosecuted for simple possession offenses and the United Kingdom in government in London has said it would not block the scheme.
Glasgow authorities just received a report that found safe injection sites have been shown to "reduce public injecting and discarded needles, and remove barriers to, and improve the uptake into, treatment and care." The report also noted that the Hunter Street Health Center site "offers a discrete base, closely located to the city center, and implementation of the enhanced drug treatment service within the center has not caused significant challenges for the community."
"The law will need to be rewritten," Prime Minister Srettha Thavasin said. "It needs to be rectified. We can have that regulated for medical use only," he said, adding that there can’t be a middle ground for recreational use.
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.
The industry is not that concerned because it is convinced the genie cannot be put back in the bottle. "More regulation will be good as we don’t want a free-for-all anyway," Poonwarit said Poonwarit Wangpatravanich, president of the Phuket Cannabis Association. "Cannabis is here to stay, but in what status is not yet clear."
A Kentucky company used court-ordered urine tests to defraud Medicare, Secretary of State Blinken addresses synthetic drugs at a UN side event, and more.
Secretary of State Blinken addresses synthetic drugs as a side meeting of the UN General Assembly. (Creative Commons)
Marijuana Policy
SAFE Banking Act Negotiations Find "Sweet Spot," Senator Says. Senate Banking Committee member Sen. Kevin Cramer (R-ND) says senators have "probably found a sweet spot" in negotiations over the SAFE Banking Act (S.1323), which is set to have a committee vote, likely next week. Senators have reached an agreement to leave a key section favored by Republicans "intact, as it is," Cramer said.
That section deals with broad banking regulations, and Republicans have insisted that it remain in the bill.
Committee member Sen. Jack Reed (D-NV) had previously expressed concerns about the section—Section 10—but now says senators have "talked extensively about Section 10, and we’ve made some progress." However, he didn’t specify what that progress looks like. "I think we’ve resolved most of the issues we had—and I hope we have so we can get it out of the committee with a strong vote," he said.
"They’re poking a hornet’s nest," Supervisor Dan Preston said in an interview. "There are increased turf wars that are occurring because you have a raid here, and another group moves in. I mean, we’ve had gunfire and a murder during the middle of the day."
Preston cited two shootings three days apart on Golden Gate Avenue, with the second shooting leaving one person dead.
Meanwhile, street-level drug activity remains undeterred, with overdose deaths on pace to exceed the number from last year.
Tenderloin resident and Public Defender's Office attorney Alexandra Pray said she would rather see more patrols than more arrests.
"I walk to work every day, and I walked through just groups of young men huddled around, and I know what they’re doing," Pray said. "And I just don’t know where the police are. It feels like the police are allowing this to happen, and then when they feel like it, they swoop in and pick people up, and we’re not really solving the problem."
and CEO of a Lexington, Kentucky-based lab and the lab's compliance officer have pleaded guilty to a $2.8 million healthcare fraud scheme in which they billed Medicare for court-ordered urine drug tests even though Medicare only pays for medical testing.
LabTox owner Ronald Coburn and LabTox compliance officer and director of operations Erica Baker copped the guilty pleas. Baker helped solicit urine test drug orders submitted by the company. The pair worked with a company Baker recruited, Blue Waters Assessment and Testing Services to refer court-ordered drug tests to LabTox. Despite being aware this was not medical testing, Coburn billed Medicare and Kentucky Medicaid, gaining payments of $1.9 million between June 2019 and March 2021.
Baker also sought out samples from nonmedical substance abuse treatment programs, putting some facility staff on the lab's payroll and compensating them based on the number of urine drug tests sent to the lab. LabTox billed Medicaid and Kentucky Medicare $937,594 for this testing.
Coburn has agreed to pay $3.6 million to the IRS, representing income tax he owed in 2017 through 2021. The pair will be sentenced in December and are looking at up to 10 years in federal prison.
Foreign Policy
US Secretary of State Addresses Global Synthetic Drug Threats at U.S.-Hosted Side Event at 78th United Nations General Assembly. On Monday, September 18, Secretary of State Antony J. Blinken hosted an event on the margins of the 78th United Nations General Assembly addressing the pressing issue of synthetic drug challenges worldwide. The U.S.-sponsored side event, titled "Addressing the Public Health and Security Threats of Synthetic Drugs Through Global Cooperation," convened international leaders and representatives from international organizations, private sector, and civil society to discuss comprehensive strategies for combatting the public health and security threats posed by synthetic drugs and advance the work of the Global Coalition to Address Synthetic Drug Threats.
As synthetic drugs continue to devastate communities at home and abroad, this discussion underscores the United States’ commitment to engaging with international partners to address this critical issue, including the provision of more than $100 million in assistance from the Department of State to build the capacity of partners across the world to detect, identify, and interdict synthetic drugs. This assistance also includes providing vital treatment, prevention, and recovery initiatives, as well as supporting alternatives to incarceration systems development with a focus on drug treatment.
The Global Coalition provides a platform for the exchange of knowledge, ideas, and collaborative efforts aimed at dismantling the criminal networks responsible for the production and distribution of synthetic drugs and sharing universal best practices for substance use harm reduction and will continue expert-level engagement through monthly meetings launching in October.
In the face of the continuing overdose crisis and the regressive resort to punitive drug war tactics such as drug-induced homicide laws to combat it, a group of friends and family members of drug users, including many who have lost loved ones to drug overdoses, is calling on Congress to stand firm against looking to more criminalization and prosecution as a solution.
The people of Broken No More (broken-no-more.org_
In collaboration with the Drug Policy Alliance, the group, Broken No More, last week sent an open letter to lawmakers urging them to oppose more failed drug war policies and instead embrace evidence-based health responses proven to save lives and prevent other families from suffering the loss of loved ones.
"Opportunistic politicians supported by law enforcement are using the overdose crisis and parents’ grief to pass harsh drug laws that will only continue to fill our morgues and prisons," the open letter says. "Punitive laws will not bring our loved ones back, but they will subject other parents’ children to more suffering and deny them the support that can keep them alive.
The group makes concrete demands of Congress about what it does and does not want. It says "no more" to drug-induced homicide laws, new mandatory minimum sentencing laws, or new laws increasing penalties for the possession of personal use amounts of illicit drugs.
Instead, it calls for "health-based solutions focused on overdose prevention, harm reduction, and drug treatment," including drug decriminalization (with the savings invested in addiction services and social supports), the panoply of harm reduction measures from needle exchanges and drug checking to safe injection sites, effective voluntary drug treatment options (including access on demand for opioid disorder medications buprenorphine and methadone_, "reality based drug education," and removing civil punishments for drug use (in food, housing, and employment).
"As a mother who lost her 16-year-old son to overdose, I strongly oppose imposing harsher penalties for those involved in drug-related deaths," said Tamara Olt, MD, executive director of Broken No More. "It is enough that one family has been devastated by the loss of their loved one. It is cruel and unjust for a second family to lose their child to incarceration and the laws will increase deaths by making people afraid to get help for someone experiencing an overdose. I support a health-based approach, harm reduction, and safer supply to cease the senseless and preventable overdose deaths that are increasing exponentially. No one is disposable."
"I lost my son, my only child, Jeff, to an overdose. But he didn’t have to die. There were two people with Jeff that day, one of whom had sold him the heroin he used. They could have called for help but, instead, they pulled him from the SUV and left him on a lawn. And while people will say that they were monsters, they weren’t. The monster was fear. Fear of the police. Fear of arrest. Fear of spending 20 years to life in prison. It was fear that killed my son," said Denise Cullen, LCSW, co-founder of Broken No More. "Criminalization and punitive drug laws have resulted in nothing but more imprisonment, more deaths, and more devastated families. We must, instead, invest in health-based solutions that will save the lives of the ones we love. Laws that charge people with murder for a drug-related death may sound like a good idea. Until that is, it’s your child that dies on a lawn."
"We stand behind the families who are bravely fighting for the right policy solutions so that no one else has to go through the heartbreak and pain they have experienced. Their voices are abundantly clear that the best way to address the overdose crisis is through continued investment in public health resources and services rather than doubling down on the deeply flawed, unjust, and failed punitive approaches of the past," said Emily Kaltenbach, senior director of state advocacy and criminal legal reform at the Drug Policy Alliance. "Turning to health solutions instead of punishment is the right way forward. People all across the country are looking for answers to the problems of public safety, mass criminalization, racist policing, addiction, overdose, and homelessness. But we know that punishing people for possessing drugs for personal use is not the answer to these issues."
For a complete list of signatories go here. And it is not too late for other parents and family members who have lost loved ones to sign the letter here.
A California bill allowing pot shops to sell food and drink goes to the governor, a new report from Harm Reduction International tracks US and EU aid that goes to support the drug war, and more.
Colombian President Gustavo Petro continues to press for a new drugs approach. (Creative Commons)
Marijuana Policy
Fourteen GOP Lawmakers Tell DEA to Ignore HHS Recommendation, Keep Marijuana Schedule I. A dirty dozen plus two Republican House and Senate members have sent a letter to DEA Administrator Anne Milgram calling on her to reject a recommendation from the Department of Health and Human Services to down-schedule the drug. Instead, the conservative lawmakers wrote, marijuana should remain on Schedule I of the Controlled Substances Act.
The lead authors on the letter were Sen. James Lankford (R-OK) and Rep. Pete Sessions (R-TX). They were joined by Sens. Michael Rounds (R-SD), James Risch (R-ID), Marsha Blackburn (R-TN), Mike Crapo (R-ID), Ted Budd (R-NC), Markwayne Mullin (R-OK) and Tom Cotton (R-AR), as well as Reps. Chuck Edwards (R-NC), Robert Aderholt (R-AL), Hal Rogers (R-KY), Buddy Carter (R-GA) and Andy Biggs (R-AZ).
Any decision to reschedule marijuana "should be based on proven facts and science—not popular opinion, changes in state laws, or the preferred policy of an administration," they wrote, ignoring HHS's science-based review that led to the call for down-scheduling.
"It is irresponsible for HHS to recommend that marijuana be removed from Schedule I. It would also be irresponsible for DEA to act on this recommendation," the letter concludes. "Our country relies on DEA to enforce our nation’s drug laws. We ask you to uphold your mission by rejecting any effort to remove marijuana from Schedule I."
California Marijuana Café Bill Heads to Governor's Desk. After a final concurrence vote in the Assembly to approve amendments made in the Senate, the legislature on Tuesday approved Assembly Bill 374, which would allow marijuana retailers to offer food and drinks in they get local approval. It now heads to the desk of Gov. Gavin Newsom (D).
The bill would let local governments authorize the preparation and sell of non-marijuana food and drinks. Sale of alcohol would continue to be prohibited, as would the smoking of tobacco.
The bill would also authorize "live musical or other performances on the premises of a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed, and the sale of tickets for those performances."
Under the current prohibitionist approach to drug policy, "the expected results have not been obtained when combating the world drug problem, leaving in many cases the underlying problems to be solved and exploiting and exacerbating vulnerabilities of our territories and societies."
The governments of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Uruguay and Venezuela all signed on.
Colombia and Mexico "are the biggest victims of this policy," said Colombian President Gustavo Petro, who likened the drug war to "genocide."
"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."
Supply-side solutions have been counterproductive, he argued. "Every dollar that is dedicated to cutting the supply makes the price grow," he said. "If the price increases, drug traffickers have more money to buy rifles, to buy armored vehicles, to buy missiles, to buy politicians, to buy senators, to buy generals, to buy judges, to buy presidents."
"The fundamental thing to face the scourge of drug addiction and violence is to address the causes, with a new criterion, not to think only of coercive measures," López Obrador, the Mexican president, said at the conference. "We have to put first the criterion that peace is the result of justice. We have to fight first against poverty, against inequality."
EU funding has been used to support surveillance capabilities in Colombia, Mozambique and the Dominican Republic, and undercover policing in Peru, while American funding has been used by the DEA train police and special units in Vietnam and Honduras, which have been accused of arbitrary arrests and killings.
"When you think about development, you don’t really think about it being used for those kinds of activities – you think of poverty reduction, working towards development goals on health or education," said Catherine Cook, sustainable financing lead at HRI, which monitors the impact of drug policies. "This money is actually being used to support punitive measures – so policing, prisons, essentially funding the ‘war on drugs’, even though we know the ‘war on drugs’ and punitive policies have repeatedly failed."
New York City settles with a Black woman whose child was seized because of her marijuana use, the 6th US Circuit Court of Appeals reins in vehicle seizures in Detroit, and more.
The Vancouver safe injection site. Pressure is growing for one in Glasgow, Scotland. (vch.ca)
Marijuana Policy
North Carolina Tribe Approves Marijuana Legalization Measure. Members of the Eastern Band of Cherokee Indians voted overwhelmingly Thursday to approve a referendum permitting the use and sale of marijuana on tribal land. According to preliminary results, the measure was passing with 70 percent of the vote.
The tribe had already approved regulations for the cultivation of marijuana for medicinal purposes but has not yet begun engaging in sales of medical marijuana products.
The state does not permit marijuana to be used or sold for either medical or recreational purposes, and US Rep. Chuck Edwards (R-NC) urged members to reject the referendum: "To allow our citizens to travel only a few miles to buy and use this common gateway drug … would be irresponsible, and I intend to stop it." To that end, he filed a federal bill last week to without certain federal funds from states and tribes that permit adult use marijuana.
New York City Settles with Mother Whose Child Was Seized Over Marijuana Use. The city's child welfare agency agreed to pay $75,000 plus attorney's fees to a Black woman after child welfare workers forcibly removed a woman’s newborn baby based solely on a positive test for marijuana that she did not consent to. The woman, Chanetto Rivers, alleged racial discrimination.
"I didn’t just bring this lawsuit for myself, but for every Black family that ACS [the Administration for Children's Services] has ripped apart," Rivers said in a statement. "They know what they did was wrong."
An ACS spokesperson said that marijuana use by itself will not be a basis for charging child abuse or neglect. "A case should not be indicated solely because a parent is using marijuana, but instead CPS should assess the impact, if any, on the safety and well-being of the child," the spokesperson said.
That is in line with stated ACS policy: "Positive marijuana toxicology of an infant or the mother at the time of birth is not sufficient, in and of itself, to support a determination that the child is maltreated, nor is such evidence alone sufficient for ACS to take protective custody of (remove) a child or file a case in Family Court."
But Rivers' lawsuit alleges that child welfare workers continued to interfere in her parenting even after two judges ordered the agency to reunite her and her child. She was subjected to "needless court proceedings" for months, the suit alleged.
"We are glad that Ms. Rivers was able to call attention to ACS’s deplorable history of racial discrimination against marginalized families," her attorney said. "ACS continued to rely on outdated racist stereotypes and tropes about Black parents."
Asset Forfeiture
Federal Court Severely Curtails Detroit Civil Asset Forfeiture Program. Wayne County, which includes Detroit, has long been notorious for seizing cars from people it claims were involved with drugs or prostitution, but now a federal appeals court has severely curtailed that program.
The 6th US Circuit Court of Appeals ruled last week that the program's severe restrictions on property owners' ability to appeal seizures violated the due process clause of the 14th Amendment. The ruling only applies to the Wayne County program, but with a similar case on the US Supreme Court docket, a broader precedent may soon be set.
Under the Wayne County program, police would seize vehicles of people driving or parking in areas where illegal drug use and/or prostitution was suspected and offer them a deal: Pay a $1,000 fine and get their vehicle back right away or appeal the seizure—a process that takes months and could result in the loss of the vehicle anyway.
The appeals court ruled that the months-long delay before people could challenge a seizure was too long and that hearings needed to happen within two weeks.
The Home Affairs Committee called for a pilot safe injection site in Glasgow. The Home Office rejected a similar proposal in 2020. But both the committee and the society pointed to successful safe injection sites elsewhere.
"We believe we can apply that learning here and provide clean, safe spaces for those injecting drugs," said Claire Anderson, president of the Royal Pharmaceutical Society. "This will bring illegal drug users closer to mainstream health and addiction support services, and provide an opportunity for health professionals to engage in treatment and prevention. This in turn will help to save lives, reduce harm and reduce drug deaths," she added.
Whiteout: How Racial Capitalism Changed the Color of Opioids in Americaby Helena Hansen, David Herzberg, and Jules Netherland (2023, University of California Press, 369 pp., $29.95 HB)
When the face of opioid addiction turned white, an era that can be marked as beginning with the introduction and mass prescribing of OxyContin in the late 1990s, official attitudes toward drug users shifted away from the punishing and toward the nurturing. They were no longer Black deviant criminals, but now white innocent victims.
Republican lawmakers in statehouses around the country who had built careers as fierce drug warriors now sponsored Good Samaritan bills (so that people overdosing and those seeking to help them did not face drug charges), the availability of medicine-assisted treatment (methadone and buprenorphine) spread—and went upscale, with bupe acting as white people's methadone.
While methadone, associated with the Black and Brown heroin addicts of the 1970s, remains heavily stigmatized, its administration heavily authoritarian, and its dispensing locations almost always deep within poor minority neighborhoods, buprenorphine –a drug for treating white opioid users of the 21st Century—is much more easily accessible, available in doctors' offices instead of grim industrial buildings, but also more expensive, limiting its access for people with little money or insurance.
In Whiteout, an addiction psychiatrist (Hansen), a drug historian (Herzberg), and a policy advocate (Netherland) tease apart the structures of Whiteness (the unspoken ideology of white virtue, purity, and superiority) and demonstrate how racial disparities have been cooked into American drug policies from the beginning—and how not only Black populations but white ones, too, have suffered for it.
In the first great wave of opioid addiction in the late 19th Century, it was middle class white women who suffered the grip of the poppy, and they were largely treated in the doctor's office. As relatively well-off people, they had the ability to access the health care system of the time, to be prescribed the pills they wanted, and to be helped off them if necessary.
Meanwhile, Black Americans more often lacked the money to gain access to the health care system, and once drug prohibition fell into place in the 1910s, they were shunted into the black market, criminalized, and stigmatized. Their neighborhoods became epicenters of the illicit drug trade. Black market drugs in the ghetto, white market drugs at the doctor's office and the drugstore.
But white privilege had its price—a price that hundreds of thousands of white opioid users have paid since the turn of the century as overdose deaths quintupled in 20 years. Affluent white drug consumers would be provided their drugs by a lightly regulated pharmaceutical industry that the authors demonstrate portrayed the users of its products as white people and marketed their products directly at white people. The poster child for this behavior is Purdue Pharma, the manufacturer of OxyContin, which zeroed in on mostly white Appalachia as its force of zealous sales reps went to work. This is the racial capitalism of the title.
Anyone who is uncomfortable with terms like "racial capitalism" is really going to be squirming when Critical Race Theory makes its entrance. Unlike the case with the moral panic around Critical Race Theory in children's schoolbooks (which it isn't), the academic tool is actually applied here and, indeed, is central to the argument the authors make.
It also colors their recommendations for what is to be done. In line with the critique of capitalism, a little more harm reduction here or a little more criminal justice reform there are not going to solve the social problems that give rise to the current opioid crisis. It is going to require real social change, things like universal health care and a real social safety net. And an ongoing interrogation of Whiteness.
