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St. Louis Repeals Marijuana Law, Haiti President Likely Murdered by Well-Heeled Drug Traffickers, More... (12/13/21)

No more pre-employment marijuana testing in Philly starting next month, Malta is set to become the first country is Europe to legalize weed this week, and more.

assassinated Haitian President Jovunel Moïse
Marijuana Policy

Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect on January 1. An ordinance passed by the city council in April and signed into law by Mayor Jim Kenney (D) that bars employers from requiring potential hires to submit to pre-employment testing for marijuana will go into effect on January 1. The ban does not address testing of current employees, nor does it stop employers from firing people for being high on the job or having marijuana at the workplace. There are some exceptions to the ban: law enforcement positions, jobs requiring a commercial drivers license, and child care and health care workers.

St. Louis Mayor Signs Bill Repealing Marijuana Laws. Mayor Tishaura Jones (D) has singed Board Bill 132, which repeals the city's laws related to the possession of small amounts of marijuana and paraphernalia. "We are seeing a major shift in the way our country sees not just marijuana, but how it connects to public safety, incarceration, and economic opportunity in our communities," said Mayor Jones. "This law will help reduce racial disparities in our policing, make our city safer, and make St. Louis more competitive in hiring for city positions." Of 600 people arrested on marijuana charges in the city in the last three years, nearly 500 were black, the mayor's office said.

International

Haiti's Leader Kept a List of Drug Traffickers; His Assassins Came for It. Assassinated Haitian President Jovenal Moïse was moving against drug and arms smugglers, and that may be what is behind his murder, The New York Times reports: "Before being assassinated in July, he had been working on a list of powerful politicians and businesspeople involved in Haiti's drug trade, with the intention of handing over the dossier to the American government, according to four senior Haitian advisers and officials tasked with drafting the document.

The president had ordered the officials to spare no one, not even the power brokers who had helped propel him into office, they said -- one of several moves against suspected drug traffickers that could explain a motive for the assassination." When the gunmen who killed him burst into his residence, they stayed long enough to search through his files for his list of suspected drug traffickers, which one of the captured gunmen said was a key target.

"I would be a fool to think that narco-trafficking and arms trafficking didn't play a role in the assassination," said Daniel Foote, who served as the US special envoy to Haiti before stepping down last month. "Anyone who understands Haiti's politics or economics understands this." Some of the traffickers are linked to former President Michel Martelly, and his brother-in-law, Haitian businessman Charles Saint-Remy, at whom many fingers are being pointed, has been named by the DEA as a suspected drug trafficker.

Malta Set to Legalize Marijuana This Week, Would Be First in Europe. The Maltese parliament is set to approve a marijuana legalization bill Tuesday that the president has already promised to sign into law. People 18 and up could possess up to seven grams (a quarter ounce) and grow up to four plants. Home growers could possess up to 50 grams of their harvest at home. The bill does not envision commercial sales, but instead would allow for non-profit cooperatives to grow and distribute marijuana to members.

Yet Another Poll Shows Strong Marijuana Legalization Support, Canada Decrim Platform, More... (12/10/21)

Member states of the UN's Commission on Narcotic Drugs block a human rights expert from presenting a report on arbitrary detentions, a Missouri bill would end police searches based solely on the odor of marijuana, and more.

Canadian civil society groups have a plan to decriminalize drug possession. (Creative Commons)
Marijuana Policy

National Poll: Marijuana Legalization Supported by Majorities of All Age Groups. A new YouGov America poll has support for marijuana legalization at 57 percent, with majority support in every age group. Support among Democrats was at 70 percent, while among Republicans it was only 40 percent. While the poll shows continuing strong support for marijuana legalization, it comes in a few points lower than other recent national polls on the issue.

Missouri Bill Would End Warrantless Searches Based Solely on Odor of Marijuana. Rep. Ian Mackey (D-Richmond Heights) has filed legislation, House Bill 1867, that would bar police from using the odor of marijuana as justification for a warrantless search. Here's the bill language in its entirety: "Notwithstanding any provision of law, the odor of marijuana alone shall not provide a law enforcement officer with probable cause to conduct a warrantless search of a motor vehicle, home, or other private property." As Rep. Mackey noted: "Medicinal marijuana is legal in Missouri. It makes sense because of these new laws [the smell of marijuana alone] should not be a justifiable reason for a police officer to begin searching property or a particular individual."

Medical Marijuana

New Jersey Regulators Approve Provisional Licenses for 30 New Medical Marijuana Dispensaries. Finally, state regulators have provided provisional licenses to 30 applicants seeking to run medical marijuana facilities. So far, there are only 23 such facilities in the state, leading to high prices and supply bottlenecks for patients, who are not permitted under state law to grow their own. Provisional licensees still have to pass background checks and win site approval before they can open for business.

International

On International Human Rights Day, UN Drugs Body Silences UN Human Rights Expert on Groundbreaking Report. In an unprecedented, last-minute decision, the lead UN drugs body has blocked the presentation of a report from a group of independent human rights experts that calls out governments for serious human rights abuses committed in the war on drugs. The UN's lead drug policy-making body has slammed the door on human rights expert Dr Elina Steinerte, Chair of the UN Working Group on Arbitrary Detention, who was due to present a watershed study on how drug control policies drive an epidemic of arbitrary detention across the world. She has been blocked from addressing the UN Commission on Narcotic Drugs today, 10th December, which is coincidentally International Human Rights Day, and her statement has been merely published online.

The last-minute decision, which led to a contentious exchange during the session, was reached through an opaque, closed-door process that kept the human rights experts in the dark about their exclusion until today. The report sheds light on the arrest and incarceration of millions of people around the world for drug-related offences, including for drug use. People who use drugs are also routinely held against their will in so-called "rehab centers," where they are often subject to degrading and inhumane treatment, including forced labor.

With Thursday's decision, the Commission on Narcotic Drugs stands in defiance of the Human Rights Council - the main UN human rights body -- which had asked human rights experts to produce the very same report that now has been stonewalled.

Canadian Civil Society Groups Release Drug Decriminalization Platform.In the wake of almost 23,000 drug poisoning deaths since 2016, twenty-one civil society organizations across the country, including groups of people who use drugs, families affected by drug use, drug policy and human rights organizations, frontline service providers, and researchers, have collaborated to release Canada's first civil society-led policy framework for drug decriminalization in Canada.

Decriminalization Done Right: A Rights-Based Path for Drug Policy seeks to end the harmful and fatal criminalization of people who use drugs -- which has fueled unprecedented overdose deaths -- and protect the health and human rights of all people in Canada. The comprehensive platform, endorsed by more than 100 organizations calls for the full decriminalization of all drug possession for personal use -- as well as sharing or selling of drugs for subsistence, to support personal drug use costs, or to provide a safe supply -- by repealing or amending sections of Canadian drug laws, removing all sanctions linked to possession or "necessity trafficking," tighten rules around when police can stop, search, and investigate someone for drug possession, and shift resources away from law enforcement to non-coercive policies, programs, and services that protect people's health and human rights.

On International Human Rights Day, UN drugs body silences UN human rights expert on ground-breaking report

News release from our colleagues at the International Drug Policy Consortium:

Today, at the CND 64th Session Reconvened, the Chair of the Working Group on Arbitrary Detention was meant to present a ground-breaking >study on drug policy and arbitrary detention, which includes recommendations to decriminalise use, cultivation and possession for personal use, inter alia.

The oral video presentation by the Chair of the WGAD was blocked as a number of Member States contested the Working Group's legitimacy.

This censorship of human rights experts, on International Human Rights Day (!), sets a dangerous precedent that should not go unnoticed.

We encourage you to share >this press release (also below) with your contacts, and share this information on social media. You can >retweet or use the following suggested tweets:

On #HumanRightsDay, @CND_tweets sets a worrying precedent by blocking the oral statement of the Chair of the UN Working Group on Arbitrary Detention.
We urge Member States and UN agencies to #StandUp4HumanRights! >https://idpc.net/media/press-releases/2021/12/on-international-human-rights-day-un-drugs-body-silences-un-human-rights-expert-on-ground-breaking-report

On #HumanRightsDay, @CND_tweets silences @UN #HumanRights expert's presentation of a study on the harmful impacts of punitive drug policies.
The Commission sends a worrying message by refusing to #StandUp4HumanRights! https://idpc.net/media/press-releases/2021/12/on-international-human-rights-day-un-drugs-body-silences-un-human-rights-expert-on-ground-breaking-report

EVENT: Keeping It Real: Duterte's Drug War Slaughter and the International Criminal Court

Keeping It Real: Duterte's Drug War Slaughter and the ICC
side event on the online margins of the Assembly of States Parties to the Rome Treaty (ICC)

Wednesday 15 December 2021, 7:00am New York / 1:00pm The Hague / 8:00pm Manila

Zoom registration: https://us02web.zoom.us/meeting/register/tZYrdeqoqTMiGda-kkne8zE-zA9LxojrGwz9
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acebook Live: https://www.facebook.com/77796516946/videos/1743934149133434
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ouTube livestream: https://youtu.be/VCwxNrBDwXk

Since taking office in 2016, President Rodrigo Duterte of the Philippines has presided over a drug war extrajudicial killing campaign in which NGOs estimate more than 30,000 people have died. In response to the threat and now reality of an investigation by the International Criminal Court, the Duterte administration has argued the ICC lacks jurisdiction because the Philippines has an accountability process underway. But the scope of the government's investigations, and of any results from them, both remain very small.

"Keeping It Real" will discuss the Philippine Department of Justice's Interagency Task Force, the continuing reality of government orchestrated extrajudicial killings, the administration's recent motion to suspend the ICC investigation, and the incarceration of Duterte critic Senator Leila de Lima as it approaches its five-year mark and as she runs for reelection from jail.

human rights attorney Chel Diokno
Keynote: Atty Jose Manuel I. "Chel" Diokno is Founding Dean of the De La Salle University (DLSU) College of Law, where he served as Dean from 2010-2019; and is Chair of the Free Legal Assistance Group (FLAG), the oldest organization of human rights lawyers in the Philippines. Already prominent in legal circles, Diokno gained greater fame while running for Senate in 2019, especially among Filipino youth, and he is a 1Sambayan coalition candidate for Senate in 2022.

Comments on ICC process by Elizabeth Evenson, Associate Director, International Justice Program, Human Rights Watch

Other commenters to be announced.

co-moderators:
David Borden, Executive Director, StoptheDrugWar.org
Marco Perduca, former Senator, Italy, 2008-2013

Organized by DRCNet Foundation AKA StoptheDrugWar.org, cosponsored by Associazone Luca Coscioni, Ecumenical Advocacy Network for the Philippines, Filipino American Human Rights Alliance, Forum Droghe, other cosponsors TBA.

Register here. Visit https://stopthedrugwar.org/philippines to read about our work in this area.

Key Senate Democrats Block SAFE Banking Act's Inclusion in Must-Pass Defense Spending Bill [FEATURE]

In the ongoing struggle among congressional Democrats over whether to prioritize incremental marijuana reform legislation over pushing for full federal legalization, proponents of the former saw a stinging defeat this week when Senate heavyweights stripped the SAFE Banking Act (HR 1996) out of the Senate version of the must-pass National Defense Authorization Act (NDAA).

Democrats and even reformers are divided on how to advance marijuana reforms on Capitol Hill. (Creative Commons)
The SAFE Banking Act would protect financial institutions that do business with state-legal marijuana companies even while federal marijuana prohibition remains intact. Its backers argue that it is desperately needed to protect the industry from the logistical and security burdens of conducting a billion-dollar all-cash business. They managed to get the act's language inserted into the NDAA when the measure passed the House in September.

But Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chair Sen. Ron Wyden (D-OR), and Sen. Cory Booker, who have drafted their own full legalization bill, had made it clear for weeks that they wanted to hold off on the banking bill until after Congress passes legalization. And they still felt that way this week despite pressure from other senators to keep the banking bill in the NDAA.

"We're going to keep talking, but Sen. Schumer, Sen. Booker, and I have agreed that we'll stay this course," Wyden told reporters Monday, adding that "the federal government has got to end this era of Reefer Madness."

The move infuriated SAFE Banking Act supporters. Rep. Ed Perlmutter (D-CO), chief sponsor of the bill, moved to reinsert the bill language in a meeting of the House Rules Committee Wednesday, but ultimately decided not to force a vote on the amendment. And Rules Committee Chairman Jim McGovern lashed out at Schumer during the debate.

"I don't really quite know what the hell his problem is,"McGovern said, referring to Schumer. "But what he's doing is he's making it very difficult for a lot of small businesses -- and minority-owned businesses, too -- [who] deal with the issue of cannabis to be able to move forward and to expand and to hire more people."

The issue has also split the drug reform community, with groups such as the Marijuana Policy Project (MPP) and the National Organization for the Reform of Marijuana Laws (NORML) supporting the push for the SAFE Banking Act while others such as Drug Policy Alliance (DPA) calling for outright legalization to be done at the same time as banking.

"Marijuana criminalization means nearly every minute someone is arrested for marijuana and it serves as the pretext for horrific interactions with law enforcement, like the death of Philando Castile," DPA executive director Kassandra Frederique said in a press release. "While we agree cannabis businesses, like any other businesses, need access to banking services -- and in fact, the DPA-supported MORE Act (HR 3617) would fully resolve the marijuana banking issue -- we cannot do so at the expense of equity and justice for Black, Latinx and Indigenous communities that have borne the brunt of prohibition. And we cannot prioritize banking services while cannabis continues to be used as justification for police violence against these communities," she added.

"By slipping SAFE into the Defense Authorization bill ahead of moving the MORE Act, Congress is sending a clear message that the industry and huge multi-state operators take precedent before the countless people that have had their lives devastated by punitive and racially-motivated drug policies," Frederique continued. "We can and must move comprehensive marijuana reform -- centered in equity, justice and community reinvestment -- first and foremost. Then, and only then, can we talk about banking inconvenience."

"We are disappointed in the elimination of the SAFE Banking provisions from the NDAA," MPP deputy director said in a Tuesday statement. "It is unacceptable that so many state-licensed cannabis businesses are operating entirely in cash simply because the Biden administration and Congress, in spite of overwhelming public support, refuse to support even modest reforms to our country's failed federal cannabis laws."

While acknowledging that the banking bill did not take on the social justice side of the equation, Schweich argued it would have been at least some progress.

"While the SAFE Banking provisions would not have addressed criminal justice reform, this was a valuable opportunity for incremental progress, a principle that has served the cannabis reform movement well for many years," he said. "Furthermore, Congress has missed an opportunity to assist hundreds of small and minority-owned businesses in medical and adult-use cannabis states across the country. Without SAFE Banking, employees of cannabis businesses will continue to face public safety risks. Cannabis businesses are experiencing burglaries, armed robberies, and thefts at disturbing rates. It is abundantly clear that leaving cannabis businesses unbanked is dangerous for both workers and the surrounding community."

NORML was equally perturbed.

"It is unfortunate that Congress failed to take this opportunity to affirm the legitimacy of state-legal marijuana markets and instead acted in a way that will continue to deny this emerging legal industry access to basic financial tools and services," NORML political director Justin Strekal said in a Tuesday statement. "Until Congressional action is taken, state-licensed marijuana businesses and those millions of Americans that patronize them will continue to be at a higher risk of robbery due to the all-cash nature of this industry. Furthermore, smaller entrepreneurs who seek to enter this industry will continue to struggle to compete against larger, more well-established and well-capitalized interests."

Despite the defeat this week, the fight to get the SAFE Banking Act back in the NDAA is not over. The current version of the NDAA will now have to go back to both chambers for final approval before heading to the president's desk, and the act's supporters will certainly try to get it reinserted before then.

Meanwhile, the prospects for actual ending federal marijuana prohibition this year appear dim, especially given that it would need 60 votes in the Senate, where Republicans have operated primarily as obstructionists so far. If neither the SAFE Banking Act nor marijuana legalization materializes, the Democrats will have squandered an opportunity to pass important, popular legislation. There's still next year, but it is already looking to be pretty messy in the run-up to the mid-term elections.

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

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

Dubai skyline (Pixabay)
Marijuana Policy

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

Psychedelics

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

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

Drug Policy

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

Sentencing

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

International

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

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

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

Employers are beginning to move away from drug testing workers and job applicants, a new survey finds. (Creative Commons)
Marijuana Policy

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

Drug Testing

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

Drug Treatment

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

International

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

Oregon Drug Decrim is Slashing Drug Arrests, Massively Funding Services [FEATURE]

In a groundbreaking move a year ago now, Oregon voters approved decriminalization for personal use amounts of all illicit drugs, with Measure 110 passing with a healthy 59 percent of the vote. That made the state the first in the US to make this dramatic break with decades of the war on drugs. Now, as other states pondering a similar move look for evidence to bolster their case, some of the initial results in Oregon are looking pretty impressive.

Oregon's Mt. Hood. (David Mark/Pixabay)
Measure 110 promised not only thousands fewer drug arrests, but also a turn from the punitive to the compassionate -- providing hundreds of millions of dollars for greatly expanded access to evidence-informed drug treatment, peer support, housing, and harm reduction services, without raising taxes to do so. Services would be funded through excess marijuana tax revenue (over $45 million) and savings from no longer arresting, incarcerating, and prosecuting people for drug possession. State analysts estimated the excess marijuana tax revenue alone should result in over $100 million in funding for services in the first year and up to $129 million by 2027.

The state analysts were off the mark. Last week, the Drug Policy Alliance (DPA), whose legislative action arm, Drug Policy Action spearheaded the successful campaign, and the Oregon Health Justice Recovery Alliance, which is working to implement treatment, harm reduction, and support programs, announced they had secured funding of $302 million over the next two years. That's over $150 million a year, including $30 million lawmakers agreed to release ahead of schedule in May of this year.

That initial round of grants went to 70 organizations in 26 of the state's 36 counties, with these results:

  • 33 harm reduction and addiction recovery service providers expanded access to treatment services for indigent, uninsured individuals.
  • 52 organizations hired peer support specialists -- a role that addiction medicine experts have long heralded as essential to one's recovery journey.
  • 32 service providers added recovery, supportive and transitional housing services.
  • 30 organizations increased harm reduction services, which include life-saving interventions like overdose prevention; access to naloxone, methadone and buprenorphine; as well as drug education and outreach.

"We were about to have to close our doors in Wasco County, which would have been devastating to the people that depend on us for support there, but thanks to Measure 110 passing, we were not only able to get the funding we needed to stay open, but also to expand the services and spectrum of care we were able to provide our clients," said Monta Knudson, Executive Director of Bridges to Change, a nonprofit that offers peer recovery support, housing and treatment services in the state.

"Addiction has touched us all somehow, some more personally and heartbreakingly than others," said Tera Hurst, Executive Director of the Health Justice Recovery Alliance. "Too many of us have lost loved ones to addiction, or struggled with it ourselves. COVID-19 has made things much worse, decreasing access to care during a time when Oregonians need these services more than ever before. That's why we celebrate the great strides made when it comes to addressing Oregon's addiction crisis, while recognizing that there's still much work to be done. Our immediate focus is to ensure every Oregonian knows these critical harm reduction and recovery services are being invested in and expanded so that they will be available to anyone who wants and needs them, and that they can feel comfortable and safe accessing them."

But while the huge expansion of treatment, harm reduction, and related social services is undeniably a good thing, drug decriminalization is ultimately about getting people out of the criminal justice system by not getting them sucked into it in the first place. It's looking like Measure 110 is achieving that goal.

According to the Oregon Criminal Justice Commission, there were roughly 9,000 drug arrests a year prior to passage of Measure 110, and while it is too early to have precise numbers, thousands of Oregonians who would have been arrested for drug possession this year have instead faced only their choice of a $100 fine or a health assessment. It won't be 9,000 fewer drug arrests, though, because some felony drug possession arrests (possession of more than the specified personal use amounts) have been downgraded to still arrestable misdemeanors. Still, it will be thousands fewer people subjected to the tender mercies of the criminal justice system and all the negative consequences that brings.

"A year ago, Oregonians voted yes on Measure 110 to remove criminal penalties for possession of drugs and expand access to health services. Now, because of this measure, there are thousands of people in Oregon that will never have to experience the devastating life-long barriers of having a drug arrest on their record, which disproportionately and unjustly affected Black and Indigenous people due to targeted policing," said DPA Executive Director Kassandra Frederique. "Because of this measure, there is more than $300 million in funding that did not exist before being funneled into community organizations to provide adequate and culturally competent care that people desperately need. And while the devastation of 50 years of cruel and counterproductive policies can’t be erased overnight, by all metrics we hoped to achieve, and what voters asked for, we are going down the right path."

A number of states -- including Washington, Massachusetts, Vermont, Maine, New York, Rhode Island, Maryland and Kansas -- the District of Columbia, and even the United States Congress have introduced bills or launched campaigns to similarly remove criminal penalties for drug possession and increase access to health services since the passage of Measure 110. These initial results should provide plenty of ammunition for advancing those campaigns.

IN Democrats Call for Marijuana Legalization, PA ACLU Opposes Parental Drug Screening Bill, More... (11/15/21)

Renewed clashes between prison gangs linked to rival drug cartels left at least 68 more dead over the weekend, an Oklahoma marijuana legalization initiative gets hit with a nuisance lawsuit, and more.

The Pennsylvania ACLU says a proposed parental drug screening bill is unconstitutional. (Creative Commons)
Marijuana Policy

Indiana Democratic Party Calls for Marijuana Legalization. The Indiana Democratic Party, has announced its full support for marijuana legalization and called on the General Assembly to get the job done. They also called on Gov. Eric Holcomb (R) to rescind his opposition to legalization. Bills to legalize marijuana have so far gone nowhere in the GOP-dominated legislature, but the Democrats said legalization "would provide the opportunity to create an additional revenue stream for the state, create good-paying jobs, develop a long-term cash crop for Indiana's ag and business communities, provide medicinal opportunities for people like the state's veterans and seniors, and could start the process of expunging records for simple possession across the state."

Oklahoma Marijuana Legalization Initiative Hit with Legal Challenge. A marijuana legalization initiative sponsored by Oklahomans for Responsible Cannabis Action is being challenged in court by an incarcerated person, Paul Tay. Tay's lawsuit raises numerous claims about the constitutionality of the initiative, including challenging the validity of signatures gathered in Indian County. "We believe that we have a really strong case," ORCA Director Jed Green said. "[The man filing this challenge] wants attention… this is the second time that he's done this." Green called the lawsuit "a shotgun challenge," going after multiple points and seeing if any of them stick. Green says the challenge is what he calls a shotgun challenge, going after multiple points and seeing if any of them stick. "We don't believe that a lot of it is really pertinent," he said. There will be a hearing on the challenge on December 14.

Drug Testing

Pennsylvania ACLU Opposes Bill to Compel Parental Drug Screening in Abuse and Neglect Cases. The ACLU of Pennsylvania has come out against HB 1737, which would allow county children and youth services (CYS) agencies to obtain court orders to compel parents to undergo drug and alcohol testing during child welfare investigations if there is evidence that impairment due to drug or alcohol use is a contributing cause of alleged abuse or neglect. "Because drug testing is considered a search, both the Pennsylvania and United States Constitutions require the government to show that it has probable cause before it can compel an individual to undergo a drug test," the group said. "HB 1737 would permit unconstitutional intrusions on parents' privacy rights because it does not contain a requirement that a CYS agency have probable cause to believe that an act of child abuse or neglect has occurred and that drug testing the parent will reveal evidence relating to such abuse." The bill passed the House last week.

International

Ecuador Prison Clash Leaves at Least 68 Dead. In the latest outbreak of fighting among prison gangs linked to international drug trafficking groups, at least 68 prisoners were killed in an hours-long gun battle Saturday inside the Litoral Penitentiary, the country's largest prison. This is the second major outbreak of violence at Litoral in less than two months. In September, 119 prisoners were killed in gang-related clashes there. Another 79 prisoners were killed in clashes last February. So far this year, more than 300 prisoners have died in the violence. The prison violence comes amid a national state of emergency decreed by President Guillermo Lasso in October that empowers security forces to fight drug trafficking and other crimes. The country's prisons hold some 40,000 inmates, including 15,000 jailed awaiting trial, and are filled way above capacity.

HUD to Continue Evicting Residents for Marijuana Use, Singapore Drug Execution Delayed, More... (11/9/21)

Another poll has a solid national majority for marijuana legalization, an Ohio judge gets punished for jailing a court spectator for refusing a drug test, and more.

You still can't do this in public housing--even in states where marijuana is legal. (Creative Commons)
Marijuana Policy

Rasmussen Poll Has Solid Majority Support for Marijuana Legalization. A new Rasmussen poll has support for marijuana legalization at 62 percent, with only 23 percent opposed. The poll comes just days after a Gallup poll reported support for marijuana legalization holding steady at 68 percent. Even 54 percent of Republicans support legalization, along with 68 percent of Democrats and 62 percent among independents. When respondents were asked if legalization should be done at the local, state, or federal level, 47 percent said the federal government should be in charge, 32 favored the states, and 11 percent wanted local action.

Infrastructure Bill Includes Provision Allowing Research with Marijuana from Pot Shops. The massive infrastructure spending bill approved by the House last Friday includes a provision that will eventually allow researchers access to the marijuana actually being consumed by users instead of relying only on government-grown marijuana from its farm in Mississippi. That provision will require the transportation secretary to work with the attorney general and the secretary of Health and Human Services to create a report within two years with recommendations on allowing scientists access to storefront marijuana to study impaired driving.

Federal Housing Authority to Continue Taking Punitive Actions Against Marijuana Consumers. In response to a request for clarification from to Rep. Elizabeth Holmes-Norton (D-DC), the Department of Housing and Urban Development (HUD) has reaffirmed its longstanding policy of banning marijuana users from federally-subsidized housing, even in states where it is legal. In a letter to Holmes-Norton, the agency says that it will continue to enforce policies that involve the "termination of the tenancy of any household" in instances where a tenant is found to have engaged in the use of a controlled substance while on the premises — "including [the use of] state legalized medical marijuana." Because marijuana remains classified under federal law as a Schedule I controlled substance, "HUD prohibits the admission of users of marijuana to HUD assisted housing, including those who use medical marijuana," the letter reads.

South Dakota Activists Miss Initiative Signature Deadline but Look to Federal Court Decision for More Time. South Dakotans for Better Marijuana Laws announced Sunday that they would not turn in signatures for a marijuana legalization initiative by a Monday deadline, but are hoping that a federal court ruling will give them until next May to qualify for the November 2022 ballot. In August, the federal district court in the state ruled that the state's election law requiring signatures be handed in a year before the election was unconstitutional, pushing the deadline to the May before the election and enjoined officials from enforcing that provision. The administration of Gov. Kristi Noem (R) is appealing the decision, but the activists argue that "the May 3 deadline is the law in South Dakota and we feel confident that we can rely on that extension." Voters in the state approved a marijuana legalization initiative in 2020, but it has been blocked by lower courts and a final decision is still pending at the state Supreme Court.

Drug Testing

Ohio Judge Suspended for Jailing Spectator over Drug Test Refusal. The state Supreme Court has suspended a Seneca County judge for a year without pay for ordering a courtroom spectator to undergo a drug test and then holding that person in contempt and jailing her for refusing to do so. In the unanimous opinion, the court held that Judge Mark Repp violated rules of professional conduct for judges in the state, including a failure to perform all his judicial duties fairly and impartially. The woman, who was the girlfriend of the defendant before the court "suffered great personal indignities and emotional distress as the result of the security and medical screenings she had to endure during her incarceration, on top of the anxiety regarding the care and well-being of her two young children." The boyfriend was a drug court participant, and the Supreme Court held tat Repp's behavior toward him and his girlfriend was "undignified, improper, and discourteous."

International

Malaysia Okays Use of Medical Marijuana. Heath Minister Khairy Jamaluddin has formally acknowledged that marijuana can be used for medicinal purposes. The acknowledgement came in response to a question from parliament. Jamaluddin said the medicinal use of marijuana complies with Malaysian drug laws, but that imports and the wholesale trade must be licensed. Medical marijuana should be sold by a registered medical practitioner or pharmacist. "Therefore, if there are parties who have sufficient scientific evidence to use cannabis (hemp) for any medicinal purpose by taking into account the aspects of quality, safety and effectiveness, then the application to register cannabis products for medicinal purposes can be submitted to DCA [Drug Control Authority]] to be evaluated and registered under the Control of Drugs and Cosmetics Regulation 1984 in order to be marketed in Malaysia," Khairy said in a written reply to the enquiry.

Singapore Delays Appeal Hearing on Man Set to Be Executed for 1.5 Ounces of Heroin. The nation's top court has postponed an appeal hearing for Malaysian national Nagenthran K. Dharmalingam, who was sentenced to death for trying to smuggle 1.5 grams of heroin into the country. Dharmalingam, who his attorneys say is intellectually disabled, was set to be executed Monday, but was delayed amidst an international campaign by human rights groups when the high court accepted an appeal. The hearing was originally set for Tuesday, with Dharmalingam set to be executed Wednesday if he lost on appeal. The appeals court noted that Dharmalingam had tested positive for COVID-19 and sent him away from the courtroom Tuesday, saying, "We have to issue a stay of the execution until all proceedings are concluded. That is the proper order of things."

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