Sentencing

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Russian Court Sentences American Basketball Star Brittney Griner to Nine Years in Prison

A Russian judge sentenced American basketball star Brittney Griner Thursday to nine years in a Russian penal colony after earlier being found of bringing cannabis oil into the country in her luggage. The guilty verdict was virtually a foregone conclusion in a criminal justice system that wins convictions in 99 percent of cases.

This is what got Brittney Griner a nine year sentence.
Russian authorities detained Griner, a two-time Olympic gold medalist and Women's National Basketball Association (WNBA) star, just a week before Russia invaded Ukraine, and she is widely viewed as having become a pawn in the conflict between Washington and Moscow over the war. Griner's attorneys say they will appeal the verdict.

President Biden, who has been under pressure to win her release from her wife and the athletic community and whose administration is attempting to negotiate a prisoner swap for Griner, called her sentence "unacceptable," and vowed to continue to make every effort to free her.

The US has offered a prisoner swap of Griner and another imprisoned American, Paul Whelan, in return for Russian arms dealer Victor Bout, who is currently serving a 25-year sentence in the US for conspiring to sell arms to Colombia's leftist rebels, the FARC. But the Russians have so far demurred, first saying that Griner's trial had to finish and, more recently, showing littler interest in the matter.

While Griner's sentence seems stiff to Western sensibilities, it is in line with Russia's draconian, zero-tolerance drug laws. Drug offenders make up a quarter of the country's prison population. As Penn State University law professor William Butler noted: "To many in the US, nine years' imprisonment may seem like a harsh penalty for cannabis possession. But in Russia, it is par for the course for this crime."

Another American citizen, 61-year old Marc Fogel, is currently serving a 14-year sentence in Russia for marijuana possession. Fogel and his wife were returning to Russia for the last year of a ten year teaching stint, when he was caught. According to family, Fogel uses marijuana to treat chronic back pain.

AR Legalization Init Has Enough Signatures, UN Experts Criticize Singapore Drug Executions, More... (7/29/22)

Marijuana seizures at the US-Mexican border are down again, Colombia's Gulf Clan is escalating its attacks on police as it jockeys for position in upcoming negotations, and more.

San Francisco could become the largest US city to decriminalize psychedelics. (Creative Commons)
Marijuana Policy

Feds Report Significant Year-Over-Year Decline in Marijuana Seizures at the US Border. The amount of marijuana seized at the US-Mexico border has dropped dramatically this fiscal year, with seizures averaging 408 pounds a day, down from an average of 874 pounds a day during FY 2021, according to the Department of Homeland Security. Other drug seizures at the border are up, but the decline in marijuana seizures is part of a consistent downward trend in recent year. As the DEA has noted, "In US markets, Mexican marijuana has largely been supplanted by domestic-produced marijuana."

Arkansas Marijuana Legalization Initiative Set to Qualify for Ballot. State officials have confirmed that a marijuana legalization initiative from Responsible Growth Arkansas has submitted enough valid voter signatures to qualify for the November ballot. But the state Board of Election Commissioners must first approve the popular name and ballot title of the measure. It would legalize the possession of up to an ounce by people 21 and over, but not home cultivation. It would also set up a system of taxed and regulated marijuana commerce.

Psychedelics

San Francisco Psychedelic Decriminalization Resolution Filed. Supervisors Dean Preston (D) and Hillary Ronen (D) have filed a resolution to decriminalize psychedelics such as psilocybin and ayahuasca. The resolution also calls for broader statewide reform. If the resolution is passed, San Francisco would be the most populous city in the country to decriminalize psychedelics.

International

Colombia's Gulf Clan Trafficking Group Stepping Up Attacks on Police. The Gulf Clan, the country's most powerful drug trafficking organization, is stepping up a campaign of violence against police that began in May, when its leader, Dario Antonio Usuga, known as "Otoniel," was extradited to the United States to face trafficking charges. But now, as the country approaches the transfer of power from conservative President Ivan Duque to leftist former guerrilla Gustavo Petro, is ratcheting up the violence, apparently in a bid to bolster its prospects in potential negotiations with the new government. At least 25 police officers have been killed by the Gulf Clan, 12 of them in the last month, and three in just the past week.

UN Experts Call for Immediate Moratorium on Singapore Executions for Drug Offenses. UN experts have condemned the execution of Nazeri Bin Lajim, a 64-year-old Malay Singaporean national convicted of drug offenses and urged the Government of Singapore to halt plans to execute individuals on death row for drug-related charges. There has been a sharp rise in execution notices issued in Singapore this year.

Nazeri Bin Lajim was arrested in April 2012 and convicted for trafficking 33.39 grams of diamorphine under the 1973 Misuse of Drugs Act in September 2019. The mandatory death penalty was subsequently imposed in his case and enforced on 22 July 2022. "Under international law, States that have not yet abolished the death penalty may only impose it for the 'most serious crimes', involving intentional killing," the experts said. "Drug offences clearly do not meet this threshold."

The experts reiterated that, as per the Working Group on Arbitrary Detention's report on arbitrary detention relating to drug policies andits subsequent jurisprudence, imposing the death penalty for drug-related offenses is incompatible with international standards on the use of the death penalty.

Trump Calls for Death Penalty for Drug Dealers, Senate Legalization Bill Gets Hearing, More... (7/27/22)

The House approves a medical marijuana research bill, Switzerland and Zimbabwe open up to medicinal cannabis, and more.

The ex-president offered a dark and dreary vision of America as he called for the death penalty for drug dealers. (CC)
Senate Democrats' Marijuana Legalization Bill Gets Hearing. Led by Sen. Cory Booker (D-NY), one of the original cosponsors of the Cannabis Administration and Opportunity Act, the Senate Judiciary Subcommittee on Crime and Terrorism held a hearing Tuesday on the bill and the broader topic of marijuana legalization. The bill would legalize marijuana by removing it from the Controlled Substances Act, expunge nonviolent marijuana convictions, and impose a federal tax on marijuana sales. Marijuana sales in states that have not legalized medical or recreational marijuana would remain a federal crime. States would still set their own marijuana policies. Sen. Booker said marijuana prohibition had "miserably failed," creating a "festering injustice" of racially disproportionate marijuana law enforcement. But Sen. Tom Cotton (R-AR) opposed the bill, bizarrely arguing that legalization would benefit "gangs and cartels." No vote was taken, and the bill's future remains uncertain.

Medical Marijuana

House Approves Bipartisan Medical Marijuana Research Bill. The House on Tuesday approved HR 8454, the Medical Marijuana and Cannabidiol Research Expansion Act. The bill sponsored by Reps. Earl Blumenauer (D-OR) and Andy Harris (R-MD) passed on a vote of 325-95, exceeding the two-thirds supermajority required for a vote that takes place under a procedure known as suspension of the rules. Under suspension of the rules, no amendments are allowed and debate is limited. The bill passed with unanimous Democratic support, but Republicans were split over it. "This bill makes it easier to do the necessary, rigorous medical research -- just like is done for any other drug that has a claim of efficacy in this country," Harris, who opposes legalization but favors expanded studies, said on the floor. "The American public deserves to know what medical marijuana is useful for because, for anyone with those conditions where it is found to be useful, it could be a godsend -- but for other conditions where the claims won't be found to be valid with rigorous research, it would be found to be ineffective."

Drug Policy

Trump Calls for Death Penalty for Drug Dealers. Former President Donald Trump called Tuesday for the death penalty for drug dealers during a speech that painted a dark portrait of contemporary America. "The penalties should be very, very severe. If you look at countries throughout the world, the ones that don't have a drug problem are ones that institute a very quick trial death penalty sentence for drug 'dealers," Trump said at the America First Policy Institute. "It sounds horrible, doesn't it? But you know what? That's the ones that don't have any problem. It doesnt take 15 years in court. It goes quickly, and you absolutely -- you execute a drug dealer, and you'll save 500 lives," Trump continued. "It's terrible to say, but you take a look at every country in this world that doesn't have a problem with drugs, they have a very strong death penalty for people that sell drugs," he said.

The former president, who is now under investigation for various crimes related to his efforts to overturn the 2020 election results, unironically called for a broad and harsh crackdown on crime, including police cars parked on every corner, giving police greater qualified immunity, "We're living in such a different country for one primary reason: There is no longer respect for the law, and there certainly is no order. Our country is now a cesspool of crime," Trump said, calling for efforts to defeat violence and to "be tough and be nasty and be mean if we have to."

International

Switzerland Fully Legalizes Medical Cannabis and Allows Export. Beginning August 1, Swiss patients will be able to legally obtain medical marijuana with a medical prescription. Until now, patients were forced to seek individual permission from the Federal Office of Public Health. This comes after the Federal Council (the executive branch) amending the Swiss Narcotics Act approved by parliament in March 2021. Although cannabis for medical purposes will be legal next week, the law only allows products containing less than 1% THC, the limit set for the country's hemp industry. The new law also will allow for exports.

Zimbabwe Allows Cannabis Use in Medicines for First Time. The country's Medicines Control Authority has invited licenses cannabis and hemp producers, as well as importers, exporters, manufacturers, and retail pharmacists to apply for licenses to sell hemp-based products for use as medicines. "Unlicensed sellers of cannabis will be prosecuted for selling unapproved" medicines, the authority added. Would-be licensees must provide product samples and allow official inspections. The move is largely driven by the country's search for ways to boost income in its agricultural sector. The Treasury Department estimates the crop has the potential to reach $1.25 billion a year.

Senate Democrats File Marijuana Legalization Bill, Bipartisan Psychedelics for Terminally Ill Bill Filed, More... (7/21/22)

Singapore is set to hang a drug offender today, Sensators Cory Booker (D-NJ) and Rand Paul (R-KY) filed a bill to allow the terminally ill to use certain psychedelics, and more.

Marijuana Policy

Senate Leadership Introduces Legislation to End Federal Marijuana Prohibition. Senate Majority Leader Chuck Schumer (D-NY), along with Sen. Cory Booker (D-NJ) and Sen. Ron Wyden (D-OR), today introduced the Cannabis Administration and Opportunity Act (CAOA). The legislation repeals the federal criminal prohibition of marijuana, provides deference to states' cannabis policies, and establishes mechanisms to help repair the harms associated with the racially and economically disparate enforcement of prohibition. The CAOA removes marijuana from the Controlled Substances Act schedule entirely, ending the threat of federal prosecution for possession and licensed commercial activity, and allows states to implement their own cannabis policies free of federal interference. It also eliminates many problems facing regulated state cannabis markets, including lack of access to financial services, the inability to deduct standard business expenses when filing federal taxes, and the lack of uniform national regulatory standards and guidelines. The legislation also directs funding to reinvest in communities that have been disproportionately impacted by prohibition and helps improve diversity and inclusion in regulated cannabis markets. The bill's prospects in the evenly-divided Senate are unclear, at best.

Psychedelics

Senators Cory Booker, Rand Paul Introduce Bipartisan Legislation to Amend the Right to Try Act to Assist Terminally Ill Patients. US Senators Cory Booker (D-NJ) and Rand Paul (R-KY) introduced legislation Thursday to clarify that the Right to Try Act should allow terminally ill patients to have access to Schedule I drugs for which a Phase 1 clinical trial has been completed. Specifically, the Right to Try Clarification Act would remove any obstacle presented by the Controlled Substances Act with respect to Schedule I substances when they are used by doctors and patients in accordance with the federal Right to Try law. Companion legislation will be introduced in the House by Representatives Earl Blumenauer (D-OR) and Nancy Mace (R-SC).

The federal Right to Try law permits patients who have been diagnosed with life-threatening diseases or conditions, and who have exhausted all approved treatment options, access to certain treatments that have not yet received final FDA approval. In general, a drug is eligible for Right to Try use after a Phase 1 clinical trial has been completed for that drug but prior to the drug being approved or licensed by the FDA for any use. In other words, in limited conditions involving life threatening illness and for drugs that have been proven to be safe, the federal Right to Try law removes the FDA out of doctor-patient decisions and reverts regulation back to the states. Under the terms of the federal Right to Try law, states remain free to permit or prohibit Right to Try use under their own laws.

International

Singapore Set to Hang Drug Offender Today. The city-state is set to hang 64-year-old Singaporean citizen Nazeri Lajim for drug trafficking today. This would be the fifth execution since March after a long pause in hangings during the coronavirus pandemic. He was handed the death sentence in 2017, some five years after being arrested during an anti-narcotics operation. Nazeri was found with two bundles of what was analyzed to be 35.41 grams of heroin, exceeding the 15 gram legal threshold for the imposition of the death penalty.

The country is increasingly out of step with its neighbors on drug policy. Thailand legalized most forms of marijuana last month, and Indonesia and Malaysia are discussing medical marijuana. The government defended its hardline approach: "It really is incumbent upon us to present the choices in very vivid terms and persuade our people, including young people, that we have to make the right choices for them and for society," said Law and Home Affairs Minister K. Shanmugam.

Sudan Defense Lawyers Charge Political Detainees Forced to Undergo Drug Tests. The legal group Sudan's Emergency Lawyers, which defends people seeking to protest against rule by the military-dominated government, is charging that people being arrested at protests are now being subjected to unlawful drug tests. Detainees including at least 15 minors and six women were released after being beaten, assaulted and subjected to drug tests, the group said.

The lawyers said "what is really disturbing is that these people are now subjected to a drugs test," which they stressed "is completely contrary to the law". The lawyers say that those detained were not in possession of drugs and were not found in any suspicious situation that necessitates this procedure or would give authorities common cause. They pointed to the fact that any referral for examination must be made by the prosecution. "This procedure is purely criminal, it violates the rights of the detained, and it is against the principle of assumption of the accused's innocence, and completely contrary to the law. It degrades dignity and has a profound psychological impact," the lawyers added.

Rumors have been circulating that young protesters are using drugs, meth in particular, because they don't seem to show hunger or fatigue, but there has been no evidence to back up the rumors.

NY Grey Market Pot Shop Crackdown, Trump Praises China's Death Penalty for Drugs, More... (7/11/22)

It looks like they will be voting to free the weed in North Dakota this year, Customs officers nail a 5,000 load of methamphetamine near the Mexican border, and more.

The former president lauded China for executing drug offenders and suggested we should do the same. (Creative Commons)
Marijuana Policy

New York Cracks Down on Grey Market Pot Shops. The state's Office of Cannabis Management has sent cease and desist letters to 52 shops across the state it has identified as illicitly selling marijuana. While the state legalized marijuana in March 2021, licensed sales have yet to commence, and the shops have been taking advantage of the interregnum to peddle weed without a permit. Now they must stop or face the prospect of being blocked from ever obtaining a retail marijuana sales license.

North Dakota Marijuana Legalization Initiative Campaign Hands in Plenty of Signatures. Legalize ND, the group behind this year's marijuana legalization initiative, handed in more than 25,000 raw signatures Monday morning. The initiative requires 15,582 valid voter signatures to qualify for the November ballot, meaning it has a cushion of some 10,000 signatures in case some of the raw signatures are invalidated. That is a big cushion that should ensure North Dakotans get a chance to vote on the issue in November. The initiative would legalize the possession of small amounts of marijuana for people 21 and over and allow for its sale at registered businesses.

Law Enforcement

Trump Again Urges Death Penalty for Drug Dealers, Claims China Has No Drug Problem. In a campaign speech for his preferred gubernatorial candidate in Nevada last Friday, former President Donald Trump said the US should follow the lead of China on drug policy and swiftly execute drug dealers. "If you look at countries all throughout the world... the only ones that don't have a drug problem are those that institute the death penalty for drug dealers. They're the only ones, you understand that? China has no drug problem," Trump said to applause from the Republican crowd. Trump said he had asked Chinese Premier Xi Jinping whether China had a drug problem, then made up what he said XI was thinking: "Why would you have such a dumb question is that no, no, no, we don't have a drug problem. Why would we have a drug problem? There is no problem. Drug dealers get the death penalty. The trial goes very quickly. So instead of coming into China, they go someplace else. We've had big drug problems over the centuries, but we don't have a drug problem at all. Now, they don't deal in China," the former president said. Trump prefaced his remark by saying he would either "get a standing ovation" or "people are going to walk out of the room." In fact, China has rising levels of drug use, according to its own National Narcotics Control Commission.

Massive Meth Bust at Otay Mesa Border Crossing. US Customs officers seized a record-breaking 5,000 pounds of methamphetamine from a box truck that had crossed the border from Mexico into the US at the Otay Mesa border crossing near San Diego last Thursday. They tailed the vehicle to nearby National City, where they observed four men unloading dozens of boxes from the truck and into a van. They four men, all Tijuana residents, were arrested and charged with conspiracy to distribute meth, which exposes them to possible life sentences. The DEA crowed that the bust was "another win against drug cartels," but the cross-border drug trade remains very dynamic, with seizures accounting for only a small percentage of all drugs moving across the border.

AR Legalization Campaign Hands in Signatures, Amnesty on Singapore Drug War Hangings, More... (7/7/22)

A federal circuit court puts the hurt on a Nebraska medical marijuana initiative, DC residents can now self-certify as medical marijuana patients, and more.

Downtown Washington, DC. Adults there can now self-certify as medical marijuana patients. (Pixabay)
Marijuana Policy

Arkansas Marijuana Legalization Initiative Campaign to Turn in Massive Signature Cache Tomorrow. Responsible Growth Arkansas, the group behind a constitutional amendment to legalize marijuana, the Arkansas Adult Use Cannabis Amendment, is handing in signatures Friday and the group says it has collected more than double the number of signatures required. These are just raw signatures, but initiative campaigns typically seek a cushion of excess signatures of 10, 20, or 30 percent to make up for any that are invalidated, and this is a cushion of 100 percent, so it looks very likely that Arkansans will be voting to free the weed in November. The amendment would allow people 21 and over to purchase and possess up to one ounce of marijuana but would not allow for home cultivation. It does not contain provisions to expunge past records or to address social equity.

Medical Marijuana

Federal Court Rules Against Nebraska Medical Marijuana Initiative Campaign in Signature-Gathering Case. The 8th US Circuit Court of Appeals has granted a stay to the state of Nebraska in a case regarding signature-gathering requirements for a pair of linked medical marijuana initiatives. The group behind the campaign, Nebraskans for Medical Marijuana, had successfully challenged the state's requirement that initiatives must obtain signatures from at least five percent of registered voters in at least 38 of the state's 93 counties, having won a preliminary injunction on the issue in federal district court. The 8th Circuit's ruling stayed that preliminary injunction, meaning the old requirements are once again in effect.

DC Mayor Signs Bill to Allow People 21 and Over to Buy Medical Marijuana Without a Doctor's Recommendation. Mayor Muriel Bowser (D) on Wednesday signed into law a bill that allows DC residents to "self-certify" their need for medical marijuana, removing the need for obtaining a doctor's recommendation. "We know that by bringing more medical marijuana patients into the legal marketplace in a timely manner and doing more to level the playing field for licensed medical marijuana providers, we can protect residents, support local businesses, and provide clarity to the community," Bowser said. The move comes as Congress continues to block the District from being able to allow recreational marijuana sales and as the District grapples with the proliferation of unregulated marijuana "gifting shops," where people pay high prices for items such as t-shirts and then receive marijuana as a "gift."

International

Amnesty International Calls on Singapore to End Wave of Drug War Executions. "End the wave of hangings and immediately impose a moratorium on executions," the human rights group demanded Thursday after Singapore executed two men on drug charges. Responding to the execution of Malaysian national Kalwant Singh in Singapore, together with that of another man, Amnesty International's Deputy Regional Director for Research Emerlynne Gil said: "Singapore has once again executed people convicted of drug-related offenses in violation of international law, callously disregarding public outcry. Going against a worldwide trend towards abolishing the death penalty, Singapore is just one of four countries known to have executed people for drug-related offenses in recent years. The death penalty is never the solution and we oppose it unconditionally. There is no evidence that it acts as a unique deterrent to crime."

Supreme Court Sides with Inmate in Crack Cocaine Resentencing Case [FEATURE]

In a Monday decision little-noticed amidst the rising clamor over recent Supreme Court decisions on guns, abortion, and religion, the highest court in the land ruled in favor of a federal crack cocaine prisoner seeking a sentence reduction under the terms of the 2018 First Step Act. The ruling could affect thousands of other mostly Black inmates sentenced under the nation's harsh crack cocaine laws.

Justice Sonia Sotomayor writes for the majority. (Creative Commons)
During the crack panic of the 1980s, Congress passed legislation creating a 100:1 disparity in the weight of the drug required to trigger a mandatory minimum federal prison sentence. Confronted with the increasingly unassailable evidence that the sentencing disparity was neither scientifically justified nor racially neutral -- nearly 80 percent of federal crack prosecutions targeted Black people by 2009 -- Congress in 2010 passed the Fair Sentencing Act, which reduced but did not eliminate the weight disparity, setting it at 18:1.

The Fair Sentencing Act provided relief to people sentenced after its passage, but it was not retroactive, meaning people sentenced under the old standard still had to do those harsh sentences. In order to address that oversight and reduce racial inequities, Congress in 2018 passed the First Step Act, making those sentencing changes retroactive and opening the door for people sentenced under the old law to seek resentencing.

The case in question, Concepcion v. United States, began when Carlos Concepcion pleaded guilty to selling crack in 2009 and was sentenced to 19 years in prison based on the 100:1 sentencing disparity in effect at the time. After passage of the First Step Act and having already served a decade of his sentence, Concepcion filed for a reduced sentence. Part of his argument was that he was no longer considered a "career offender" subject to harsher sentencing because of changes in the federal sentencing guidelines unrelated to the First Step Act.

Without that "career offender" designation, Concepcion would have been a free man after serving just less than six years [Ed: six years is itself a very long time], but a Massachusetts federal district court judge declined to consider factors unrelated to the First Step Act and denied his resentencing request. That denial was upheld by the 1st US Circuit Court in Boston, and Concepcion and his attorneys then appealed to the Supreme Court, which ruled in his favor in a 5-4 decision.

The majority on the court was an odd one, consisting of the three liberal justices -- Stephen Breyer, Elena Kagan, and Sonia Sotomayor -- joined by hard conservative justices Neil Gorsuch and Clarence Thomas. Sotomayor wrote the opinion.

In it, she argued that judges enjoy broad discretion at sentencing and that discretion continues in any later proceedings that may change the sentence.

"Federal courts historically have exercised broad discretion to consider all relevant information at an initial sentencing hearing, consistent with their responsibility to sentence the whole person before them," she wrote. "That discretion also carries forward to later proceedings that may modify an original sentence. District courts' discretion is bounded only when Congress or the Constitution expressly limits the type of information a district court may consider in modifying a sentence."

There is nothing in the First Step Act that limits that discretion, she added.

"Nothing in the text and structure of the First Step Act expressly, or even implicitly, overcomes the established tradition of district courts' sentencing discretion," she wrote. "The text of the First Step Act does not so much as hint that district courts are prohibited from considering evidence of rehabilitation, disciplinary infractions, or unrelated Guidelines changes. The only two limitations on district courts' discretion appear in §404(c): A district court may not consider a First Step Act motion if the movant's sentence was already reduced under the Fair Sentencing Act or if the court considered and rejected a motion under the First Step Act. Neither limitation applies here."

In a dissenting opinion, Justice Brett Kavanaugh argued that the First Step Act only authorized judges to cut sentences related to changes in the crack sentencing ranges, but not unrelated factors.

"Congress enacted the First Step Act to provide a targeted retroactive reduction in crack-cocaine sentencing ranges, not to unleash a sentencing free-for-all in the lower courts," Kavanaugh wrote.

But that was the minority opinion. And if reducing unduly harsh crack cocaine sentences that were based on panic and prejudice is "a sentencing free-for-all," that would be a small price to pay for some restorative justice.

Supreme Court Rules for Crack Prisoners, CO Psychedelic Initiative Campaign Hands in Signatures, More... (6/28/22)

A major Swiss bank gets convicted of cocaine money laundering, a House committee wants a GAO report on federal psilocybin policy, and more.

Something good came out of the US Supreme Court on Monday. (Pixabay)
Psychedelics

House Appropriations Committee Calls for Review of Federal Psilocybin Policy. In reports accompanying new spending bills, the leaders of the House Appropriations Committee are calling for a federal review of psilocybin policy, as well as letting researchers study marijuana from dispensaries and using hemp as an alternative to Chinese plastics. The report for the spending bill for Commerce, Justice, Science and Related Agencies calls for the Government Accountability Office (GAO) to analyze barriers to state, local, and tribal programs using psilocybin. The committee said the GAO should study the impact of federal drug prohibition in jurisdictions that allow psilocybin. The call comes as a psilocybin reform movement is gaining momentum across the country.

Colorado Activists Turn in Signatures for Psychedelic Initiative. The Natural Medicine Colorado campaign, the group behind an initiative to legalize psychedelics and create licensed psilocybin "healing centers," announced Monday that it had turned in 222,648 raw signatures. The campaign only needs 124,632 valid voter signatures, and this cushion of nearly 80,000 excess raw signatures suggests that the initiative will qualify for the November ballot. The measure would legalize the possession, use, cultivation, and sharing of psilocybin, ibogaine, mescaline (not derived from peyote), DMT, and psilocyn for people 21 and over. It does not set specific possession limits, nor does it envision recreational sales. The measure would also place responsibility for developing rules for a therapeutic psilocybin with the Department of Regulatory Agencies.

Drug Policy

At Oversight Hearing, Director of National Drug Control Policy Highlighted Biden-Harris Administration's Commitment to Tackling Overdose and Addiction Crisis. On Monday, Rep. Carolyn B. Maloney, Chairwoman of the Committee on Oversight and Reform, held a hearing with Dr. Rahul Gupta, Director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), to examine the federal government's response to the overdose and addiction crisis, including the Biden-Harris Administration's 2022 National Drug Control Strategy.

During the hearing, Director Gupta highlighted illicit drug seizures at the southern border and disruption of drug trafficking across the US; the need to expand treatment services; steps such as telehealth services to expand access to care for people in underserved communities; and overdose prevention efforts funded by the bipartisan Restoring Hope for Mental Health and Well-Being Act of 2022. Gupta and committee members also highlighted Chairwoman Maloney's Comprehensive Addiction Resources Emergency (CARE) Act.

Supreme Court Rules Judges Can Weigh New Factors in Crack Cocaine Cases. The Supreme Court ruled Monday that the First Step Act allows district court judges to consider post-sentencing changes in law or fact in deciding whether to re-sentence people convicted under the harsh crack cocaine laws of the past.

While the penalties are still harsh, they are not quite as much as they were prior to passage of the 2010 Fair Sentencing Act, which reduced the ratio of quantity triggers for the worst sentences for powder vs. crack cocaine from 100:1 to 18:1. The First Step Act made those sentencing changes retroactive, giving prisoners the chance to seek reduced sentences. The decision was 5-4, with conservative Justices Clarence Thomas and Neil Gorsuch joining the court's liberal minority in the opinion.

The case is Concepcion v. United States, in which Carlos Concepcion was sentenced to 19 years for a crack offense in 2009, a year before passage of the Fair Sentencing Act. He sought resentencing "as if" the Fair Sentencing Act provisions "were in effect at the time the covered offense was committed." That is proper, Justice Sonia Sotomayor wrote in the majority opinion: "It is only when Congress or the Constitution limits the scope of information that a district court may consider in deciding whether, and to what extent, to modify a sentence, that a district court's discretion to consider information is restrained. Nothing in the First Step Act contains such a limitation."

International

Swiss Court Convicts Credit Suisse of Cocaine Money-Laundering. The Swiss Federal Criminal Court has found the bank Credit Suisse guilty of failing to prevent money-laundering by a Bulgarian cocaine trafficking organization. One former bank employee was convicted of money-laundering in the case against the country's second-largest bank. The trial included testimony about murders and cash-filled suitcases. The court held that Credit Suisse demonstrated deficiencies in both the management of client relations with criminal groups and the implementation of money-laundering rules. "These deficiencies enabled the withdrawal of the criminal organization's assets, which was the basis for the conviction of the bank's former employee for qualified money laundering," the court said. Credit Suisse said it would appeal.

Supreme Court Rules in Favor of "Pill Mill" Docs, UN Human Rights Experts Call for End to Drug War, More... (6/27/22)

Drug charges account for nearly one-third of all federal criminal prosecutions, Pakistan moves toward licensing medical and industrial cannabis production, Spain moves toward medical marijuana sales, and more.

The Supreme Court holds prosecutors to a high standard on charging doctors over prescribing. (Pixabay)
Opiates and Opioids

Supreme Court Rules in Favor of Doctors Accused of Overprescribing Opioids. The Supreme Court on Monday set aside the convictions of two doctors accusing of running opioid "pill mills," making it more difficult for the government to prosecute doctors who overprescribe drugs. In seeking to distinguish between legitimate medical conduct and illegally overprescribing, the court held that prosecutors must prove beyond a reasonable doubt that the doctor knew or intended to prescribe drugs in an unauthorized manner. "We normally would not view such dispensations as inherently illegitimate; we expect, and indeed usually want, doctors to prescribe the medications that their patients need," Justice Stephen G. Breyer wrote for the court. The cases involved a doctor in Alabama whose clinic dispensed nearly 300,000 opioid prescriptions over a four-year period and a doctor who practiced in Arizona and Wyoming who operated mostly on a cash-only basis, but who also accepted property as payment, including firearms.

Sentencing Policy

US Sentencing Commission Quarterly Report Shows Drugs Remain Most Common Federal Offense. Enforcing federal drug prohibition accounts for nearly one-third of all federal criminal prosecutions, according the US Sentencing Commission's latest quarterly report. Drug offenses accounted for 32.3 percent of all prosecutions in the last two quarters, with methamphetamine accounting for nearly half (48.6 percent) of all drug offenses and fentanyl continuing to increase, now accounting for 11.8 percent of all drug offenses. Immigration was the second largest category of federal prosecutions, accounting for 26.5 percent of all federal prosecutions, followed by firearms offenses at 14.9 percent. No other federal crime category accounted for more than 10 percent of federal prosecutions. A decline in prosecutions that took place during the coronavirus pandemic has now ended, with about 5,000 federal drug prosecutions every six months.

International

UN Human Rights Experts Use International Day Against Drug Abuse and Trafficking to Call for End of War on Drugs. UN human rights experts have called on the international community to bring an end to the so-called "war on drugs"and promote drug policies that are firmly anchored in human rights. Ahead of the International Day Against Drug Abuse and Illicit Trafficking on 26 June 2022, the experts issued the following statement:

"Data and experience accumulated by UN experts have shown that the 'war on drugs' undermines health and social wellbeing and wastes public resources while failing to eradicate the demand for illegal drugs and the illegal drug market. Worse, this 'war' has engendered narco-economies at the local, national and regional levels in several instances to the detriment of national development. Such policies have far-reaching negative implications for the widest range of human rights, including the right to personal liberty, freedom from forced labor, from ill-treatment and torture, fair trial rights, the rights to health, including palliative treatment and care, right to adequate housing, freedom from discrimination, right to clean and healthy environment, right to culture and freedoms of expression, religion, assembly and association and the right to equal treatment before the law."

Click on the link above for the rest of the statement.

New Zealand Poll Shows Most Support Replacing Punitive Drug Laws with Health-Based Approach. A new poll produced by The Navigators on behalf of the NZ Drug Foundation finds that a solid majority of New Zealanders support replacing the 1975 Misuse of Drugs Act with a health-based approach. Some 68 percent of respondents favored the change. A strong majority -- 61 percent -- also favored drug decriminalization and introducing more support for education and treatment. The poll also showed that there is strong support for more funding to be provided for treatment and education (82 percent) and harm reduction initiatives like drug checking (74 percent).

Pakistan Moves to Allow Cannabis Farming for Medical and Industrial Use. The Ministry of Science and Technology will form an authority to regulate and facilitate the farming and use of cannabis, or "Bhang," as it referred to in the country. The authority will issue 15-year licenses for industrial, medical, processing, research, and development purposes. The Department of Commerce will issue licenses for cannabis exports.

Spain Moving Toward Allowing Medical Marijuana Sales in Pharmacies. A subcommittee in the Congress of Deputies has accepted a draft bill to regulate medical marijuana sales and referred the bill to the Commission on Health for a vote this week. While the proposed bill has very tight distribution rules, it is being lauded as the first step toward providing greater access. Once the bill is approved by the Health Commission, the Spanish Medicines Agency will have six months to draft appropriate regulations. The draft bill will make THC-containing flowers available by prescription for the treatment of specified illnesses and conditions.

Australian Capital Territory Decriminalizes Drug Possession, Malaysia Ends Mandatory Death Penalties, More... (6/10/22)

The State Department is looking for drones to spray Colombian coca crops, Thailand begins handing out a million marijuana plants, and more.

A Colombian coca farmer. Are drones coming for his crop? (DEAmuseum.org)
Foreign Policy

US Wants to Use Drones to Kill Coca Plants in Colombia. The State Department is looking for drones to use to spray herbicides on farmers' coca crops, a newly released request on a government website reveals. "The Department of State, INL Bogota, has a requirement to purchase spray UAV systems to support eradication operations throughout Colombia," the request reads. The program would be under the control of the Colombian National Police. The State Department says drones would lessen threats to personnel involved in coca eradication in the country, one of the world's top cocaine producers. "Coca cultivation in Colombia remains at record highs and eradication operations in Colombia remain dangerous. INL Bogota is seeking to bolster the CNP’s capability to increase the coca eradication rates and minimize the risk for police personnel in the field."

International

Australian Capital Territory to Decriminalize Drug Possession. The government of the Australian Capital Territory (Canberra) announced Thursday that it will decriminalize the possession of small amounts of illicit drugs, including cocaine, heroin, MDMA, and methamphetamine. It will become the first jurisdiction in the country to do so. Under the new law, people in possession of less than the threshold amounts of the drugs will be fined, but not arrested. Some, though, can have their fines waived if they attend an informative session on harm reduction or enter drug treatment. "We know from research and evidence around the world that criminalizing drug users does not reduce drug use and that treating drug addiction as a health issue improves outcomes for everyone in the community," said ACT Health Minister Rachel Stephen-Smith.

Malaysia to Abolish Mandatory Death Penalty, Including for Drug Offenses. The Malaysian government said Friday it will end the mandatory death penalty for various offenses, including drug offenses, and replace it with "alternative punishments" at the discretion of judges. "This shows the government's emphasis on ensuring that the rights of all parties are protected and guaranteed, reflecting the transparency of the country's leadership in improving the criminal justice system," Law Minister Wan Junaidi Tuanku Jaafar said. The country had declared a moratorium on executions in 2018 but laws imposing the mandatory death sentence remained and courts were required to impose those sentences on convicted drug traffickers. The country currently has more than 1,350 under death sentences, including 925 convicted of drug-related offenses. More than 500 of those under death sentences are foreigners.

Thailand Begins Distributing a Million Marijuana Plants. Health Minister Anutin Charnvirakulkicked off a marijuana plant giveaway in Bangkok Friday, handing out the first hundred seedlings of what is planned to be a million-plant distribution. The giveaway is designed to encourage marijuana production, which government officials say will help low-income farmers, especially in the northeast. Charnvirakul was cheered by a crowd of thousands as he took credit for legalizing marijuana. The government insists that, officially, only medical marijuana has been legalized, but there are no plans to monitor small-scale cultivation. 

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