Sentencing

DHS Rolls Out Strategy for Combatting Illicit Opioids, UN Report Calls for Decriminalization, More... (9/20/23)

by psmith, September 20, 2023, 04:01pm

The Seattle city council voted to criminalize public drug use, the Czech drug czar suggests legalizing cocaine, and more.

Drug Policy

DHS Rolls Out Strategy for Combatting Illicit Opioids. The Department of Homeland Security on Tuesday rolled out its plan to combat illicit opioids, releasing its Strategy for Combatting Illicit Opioids.

"Our nation continues to face an unprecedented epidemic of deaths from illicit synthetic opioids -- our citizens are dying every year at an unimaginable rate," said Homeland Security Investigations (HSI) Executive Associate Director Katrina W. Berger. "This is a bold and innovative strategy to stem the flow of dangerous narcotics and directly addresses the public health emergency this opioid crisis has become.

The "bold and innovative strategy" is heavy on law enforcement, which is no surprise for a law enforcement agency. Primary elements of the strategy include reducing the international supply of opioids, reducing the supply of opioids in the US, targeting "enablers" of drug trafficking organization, and working with private sector actors to better block drugs from entering the country.

The agency said it hopes to work with international partners to reduce the illicit importation of drugs into the country and that it will increase the number of HIS task forces targeting drug traffickers.

Seattle City Council Approves Ordinance Criminalizing Drug Posssession and Public Drug Use. The city council on Tuesday approved its own municipal version of the state's law barring public drug use, CB 120645. The measure creates the crimes of knowing possession of a controlled substance and use of a controlled substance in a public place.

A 2021 state Supreme Court decision threw out the state's felony drug possession law, but the legislature this year approved a bill making public drug use and possession a gross misdemeanor, allowing city attorneys to prosecute the drug charges. City Attorney Ann Davison proposed a bill for the city to confirm with state law, but the city council rejected that in June.

Mayor Bruce Harrell then formed a task force to draft a new proposal, which is what the city council approved this week. But the vote was not unanimous, with Councilmember Teresa Mosqueda voting no because it did not pay enough attention to diversion efforts.

"I want people to get access to public health services just as much as the people who testified in support of this legislation say they want," Mosqueda said. "But that is not what this legislation does. And without the funding that is purported to come with this bill, we have no assurances that there will be alternative structures and programs and diversion strategies to prevent people from going to jail. We do not have to pass this legislation."

International

UN Human Rights Office Report Calls for Shift from Punitive Drug Policies. A UN human rights report released Tuesday calls for a shift from punitive measures to address the global drugs problem to the use of policies grounded in human rights and public health, arguing that disproportionate use of criminal penalties is causing harm.

The report urges states to develop effective drug policies, including by considering decriminalization of drug possession for personal use. "If effectively designed and implemented, decriminalization can be a powerful instrument to ensure that the rights of people who use drugs are protected," it says.

"Laws, policies and practices deployed to address drug use must not end up exacerbating human suffering. The drugs problem remains very concerning, but treating people who use drugs as criminals is not the solution," said the UN High Commissioner for Human Rights, Volker Türk.

"States should move away from the current dominant focus on prohibition, repression and punishment, and instead embrace laws, policies and practices anchored in human rights and aimed at harm reduction."

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

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

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

Czech Drug Czar Proposes Cocaine Legalization. National anti-drug coordinator Jindrich Voboril has suggested that cocaine could be the next drug, after marijuana, to be handled in a regulated, legal market. He emphasized the importance of tailoring drug policies to the risks of individual substances and argued that cocaine ranks lower in inherent risks than some other illicit substances.

But government officials were not in accord. Deputy Prime Minister Marian Jurečka, who serves as the chairman of the Christian Democrats (KDU-CSL), unequivocally rejected the idea of cocaine liberalization, declaring it unacceptable.

200 Familes Send Letter to Lawmakers Calling for a Health Response to ODs, Not Punishment [FEATURE]

by psmith, September 14, 2023, 11:09pm

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.

Alarm Over New Synthetic Opioids, San Francisco Safe Injection Site Saves Lives, More... (8/29/23)

by psmith, August 29, 2023, 05:04pm, (Issue #1195)

Garden State Democrats take flak for voting for a harsh fentanyl analog bill, a clandestine San Francisco safe injection site saved lives, and more.

Nitazines. (Delaware Psychological Services)

Drug Policy

New Synthetic Opioids Raising Alarms. A group of new synthetic opioids called nitazenes are emerging in illicit drug markets and may be more powerful than fentanyl, a thousand times more potent that morphine, and may require even greater doses of opioid overdose reversal drugs to reverse overdoses, according to a study published Tuesday in the journal JAMA Network Open.

Researchers found most patients who overdosed on nitazenes required two doses of the overdose reversal drug naloxone to recover, while most patients overdosing on fentanyl required only a single dose.

"Clinicians should be aware of these opioids in the drug supply so they are adequately prepared to care for these patients and anticipate needing to use multiple doses of naloxone," the researchers, from the Icahn School of Medicine at Mount Sinai in New York, Lehigh Valley Health Network based in Pennsylvania, and other US institutions, wrote in the study. "In addition, to date there has been a lack of bystander education on repeat naloxone dosing."

The data came from a small study of 537 adults admitted to emergency rooms between 2020 and 2022, 11 of which tested positive only for fentanyl and nine who tested positive only for nitazenes. The researchers found that two-thirds of patients overdosing on nitazenes required two or more doses of naloxone, compared with only one-third of those overdosing on fentanyl.

Among the nitazenes are brorphine, isotonitazene, metonitazene, or N-piperidinyl etonitazene. Metonitazene appears to be the most dangerous.

"In the present study, metonitazene appears to have the most severe clinical toxicity given that both patients in which metonitazene was detected presented in cardiac arrest," the researchers wrote. Among those two patients who were found to have metonitazene, one patient died despite receiving six milligrams of naloxone in three separate doses. The other patient survived after receiving a total of 10 milligrams of naloxone in three doses.

New Jersey Congressional Democrats Take Flak for Voting for Mandatory Minimums for Fentanyl Analogs. Three New Jersey Democrats joined with three New Jersey Republicans to vote for the Halt All Lethal Trafficking of Fentanyl (HALT) Act (HR 467), which ramped up mandatory minimum sentences for fentanyl analogs, and now they are facing bitter criticism for doing so. The bill assumes that fentanyl analogs are harmful and criminalizes people despite a lack of scientific evidence.

Supported the drug war legislations were conservative Democrats Josh Gottheimer, Mikie Sherrill, and Donald Norcross, as well as Republicans Jeff Van Drew, Chris Smith, and Thomas Kean Jr.

"This shoot-first, ask-questions-later legislation would permanently schedule all fentanyl-related substances as Schedule I without first testing them for benefits or harm," said civil rights advocate Lisa McCormick. "By putting fentanyl-related substances on that list, they are among the most harshly criminalized drugs regardless of the science."

"This bill also imposes mandatory minimum sentences of 10 to 20 years in prison for fentanyl analog cases, hearkening back to failed drug war strategies of the past that have led to a stronger, more potent illicit drug supply," said McCormick. "Yet, Republican members of Congress and their corporate-controlled Democratic allies continue to double down on the disproven, failed approach of drug prohibition at the expense of people’s lives. "Of the nearly two million people incarcerated in the U.S. today, one in five is locked up for a drug offense," said McCormick, who said the legislation was strongly condemned by a variety of non-partisan civil rights, public health, drug policy, faith, law enforcement, criminal legal reform, and public policy research organizations.

"Our communities deserve real health solutions to the overdose crisis, not political grandstanding that is going to cost us more lives," said Maritza Perex Medina, director of the Office of Federal Affairs at the Drug Policy Alliance. "Yet, sadly, in passing the HALT Fentanyl Act, the House seems intent on doubling down on the same failed strategies that got us here to begin with."

"It’s sad to see lawmakers revert to over-criminalization once again when we have 50 years of evidence that the war on drugs has been an abject failure," said Laura Pitter, deputy director of the US Program at Human Rights Watch. "A vote for this bill was a vote against evidence and science."

Advocates are calling on Congress to reject drug war-style legislation and instead support public health approaches like the Support, Treatment, and Overdose Prevention of Fentanyl (STOP Fentanyl) Act of 2021 (HR 2366) and the Test Act (SB 1950). The former proposes increased access to harm reduction services and substance use disorder treatment, improved data collection, and other evidence-based methods to reduce overdose, while the latter would require the federal government to test all fentanyl-related substances that are currently classified as Schedule I substances and remove those that are proven medically beneficial or otherwise unharmful.

Harm Reduction

San Francisco's Clandestine Safe Injection Site Saved Hundreds of Lives. According to a study published Tuesday in the International Journal of Drug Policy, the Tenderloin Center, a clandestine safe injection site that operated throughout 2022 saw 333 overdoses—with no fatalities and every single one of them reversed. That was out of 124,000 visits.

The Tenderloin Center was "an effective harm-reduction strategy to save lives," wrote lead author Dr. Leslie Suen of the University of California, San Francisco. "

The site has since shuttered, with neither City Attorney David Chiu nor Mayor London Breed willing to keep it open against federal law. Now, the city is on track for its highest recorded number of drug overdoses yet.

Chronicle Book Review: When Crack Was King

by psmith, August 10, 2023, 05:19pm, (Issue #1193)

When Crack Was King: A People's History of a Misunderstood Era by Donovan X. Ramsey (2023, One World Press, 427 pp., $30 HB)

Black journalist Donovan X. Ramsey grew up in Columbus, Ohio, in the crack-dominated 1980s and 1990s, where he learned "crackhead" as an insult before he even knew what it meant. One reason he didn't know what it meant was because no one in the community talked openly about the drug crisis ripping through Columbus and other cities across the country after crack took off in the early '80s.

Later, that silence struck him as weird. "It was like growing up in a steel town where nobody talked about steel," he writes in When Crack Was King. After establishing himself as a freelance journalist whose credits include the New York Times, the Wall Street Journal, the Atlantic and Ebony, Ramsey set out to chronicle the crack epidemic of his youth. Five years and hundreds of interviews later, this book is the result.

One place where Ramsey makes an invaluable contribution is in setting the stage for the arrival of crack. He writes about the victories and promise of the civil rights struggles of the 1960s and how, as the country began exporting manufacturing jobs abroad in the 1970s and '80s, the Black vision of achieving the American dream turned to grief and despair. It wasn't just declining economic prospects, though; it was a determined political counterattack led by Richard Nixon and Ronald Reagan that, based on Nixon's 1968 Southern strategy, demonized the Black community, unleashing our decades-long experiment with mass incarceration and filling prisons with Black bodies.

Grief and despair may have weakened Black defenses against crack and made it all to easy to slip into the drug's intense embrace -- and crack addiction ruined the lives of countless people -- but it was the flipside of grief and despair that make the crack trade so attractive to so many. With the civil rights revolution of the 1960s came aspirations toward Black upward mobility, as evidenced by popular culture programming such as Fresh Prince of Belair, The Jeffersons, and the Cosby Show, and in Black neighborhoods across the country where good jobs were vanishing, involvement in the crack trade offered not only upward mobility and its outward signs -- expensive cars, gold chains, high-dollar sneakers, and the like -- but for many in the industry, the more basic goal of finding enough money to put food on the table. If grief and despair drove use, envy and foreclosed opportunity drove the corner rock-slingers and those who rose above them into the trade.

As Ramsey narrates the history of crack, When Crack Was King provides a useful corrective to the hysterical coverage the drug got amidst the epidemic. He demolishes the notions of "crack babies" and "super predators," and exposes "crack heads" as real human beings with problems, not zombie harbingers of the apocalypse. And he dissects the draconian drugs laws passed amid the moral panic around the death of basketball star Len Bias -- laws that led to tens of thousands of Black men and women disappearing behind bars for years or decades. If crack decimated inner city neighborhoods, so did the war on crack.

(As for crack destroying the inner city, comedian Chris Rock had something to say about that: "Crack is everywhere, crack everywhere… you know what they say? 'Crack is destroying the black community.' 'Crack is destroying the ghetto.' Yeah, like the ghetto was so nice before crack! They say that shit like everybody had at least a mansion, a yacht and a swimming pool… then crack came by and dried it all up!)

One of the more unique and enrichening features of When Crack Was King is Ramsey's use of the stories of four survivors of the crack era to paint a deeper portrait of the drug's impact. We meet Lennie Woodley, a girl from a broken family in South Central Los Angeles, where factory jobs had fled, leaving "gangbangers, hustlers, and pimps" to fill the vacuum. Fleeing sexual abuse by an uncle, she took to the streets as a young teen, falling into a life of prostitution salved by crack addiction. It is not a pretty story, but it brings home some ugly realities.

We also meet Elgin Swift, a white kid from poor, multi-racial Yonkers, New York, whose dad was a crack addict and who slung rocks on the side to make enough money for food, bus fare, and other household essentials. He came through the crack era wounded but sound and, having parlayed his crack-selling skills toward more socially acceptable ends, now runs a chain of automotive dealerships.

And then there's Shawn McCray from the projects in Newark, whose basketball prowess got him into college and who barely escaped a prison sentence for selling crack when a judge showed him mercy. He stayed on the edges of the life, though, until dozens of his friends in the city's notorious Zoo Crew crack-selling machine were wrapped up and marched off to prison in a massive bust. After that, McCray walked away, turning his attention to youth athletics. He is now a major figure in Newark youth athletic programs.

Crack didn't destroy Elgin Swift or Shawn McCray, but the drug and society's response to it -- repression -- deeply impacted their lives.

And then there's Kurt Schmoke. Ramsey profiles the man who became the first Black mayor of Baltimore and who in 1988, in the midst of the crack wars, became the first major politician to call for drug decriminalization. That hasn't happened yet (except in Oregon), but Ramsey holds him up not only as a profile in courage but in pragmatism. Schmoke may not have achieved decrim, but he delivered the first major blow to the drug war paradigm by speaking out. (And he managed to get city-sponsored needle exchanges going in 1994)

A heady mix of urban ethnography, social history, and political and cultural critique, When Crack Was King is a worthy addition to the literature of the drug.

San Francisco Has Magic Mushroom Churches, DeSantis Doubles Down on Cartel Threats, More... (8/7/23)

by psmith, August 07, 2023, 04:59pm, (Issue #1193)

Wisconsin's Democratic governor signs a bill heightening penalties for fatal drug overdoses, Israel's Health Ministry says patients can be prescribed marijuana beginning in December, and more.

Ron DeSantis tries to pick up some steam by threatening to violently attack Mexican drug cartels. (myflorida.com)

Psychedelics

San Francisco Magic Mushroom Churches Have Authorities Befuddled. At least two magic mushroom churches where residents can purchase the hallucinogenic fungus have opened this year in the city, and the city has yet to figure out how to respond. One is Zide Door, an offshoot of a similar operation across the bay in Oakland; the other is the Living Church in Lower Nob Hill.

Magic mushrooms are illegal under both state and federal law, but were declared a lowest law enforcement priority in the city in 2022. Last December, police raided a Haight Street storefront for illegally selling magic mushrooms, but that raid generated criticism from Supervisor Dean Preston, who questioned why city police " chose to use extensive resources on a drug bust for substances the city considers to be of lowest priority." That case remains unresolved.

City officials have yet to move against the magic mushroom churches amid speculation that the churches may resort to a religious exemption defense to any potential charges. A handful of churches across the country have won the right to use psychedelics ceremonially, although San Francisco attorney Graham Pechenik, who specializes in marijuana and psychedelic law, warned that the religious argument is not all-encompassing.

"Merely claiming to be a church and having customers 'join' the church is unlikely to provide a shield against prosecution, and even providing church services under a defined set of beliefs may be insufficient to win in court," he said.

Sentencing Policy

Wisconsin Governor Signs Drug Dealer Murder Bill into Law. Gov. Tony Evers (D) last Friday signed into law Senate Bill101, which increases the penalty for first-degree reckless homicide involving drugs. The bill moves the offense from a Class C felony to a Class B felony and makes drug dealers and userseligible for sentences of up to 60 years if they are involved in a fatal overdose.

The bill has been criticized for lacking protections for people who use drugs with others, including Good Samaritans who call for help when someone overdoses. The ACLU of Wisconsin blasted Evers for signing it into law.

"The decision by Gov. Evers today to sign SB 101 into law represents a step in the wrong direction in Wisconsin's fight against drug overdoses. If we've learned anything from the failed War on Drugs, it's that we cannot incarcerate our way out of addiction and drug use. Yet, after decades of abject policy failure, we are still repeating the same mistakes," said James Stein, deputy advocacy director of the ACLU of Wisconsin.

"The law enacted today is deeply misguided and counterproductive. It further entrenches us in destructive cycles of criminalization and punishment that devastate our communities -- particularly Black and Brown communities -- while doing little to nothing to combat drug problems. While purporting to crack down on drug distribution, SB 101 could lead to an increase in fatal overdoses, as people might be less likely to seek medical attention for someone overdosing out of fear of prosecution. In addition, an extensive body of research -- as well as our own lived experiences -- tells us that punitive drug laws don't reduce drug use, addiction, or overdose," Stein continued.

Foreign Policy

DeSantis Doubles Down on Deadly Force Promise Against Mexican Drug Cartels. As he continued to pursue the Republican presidential nomination last Friday, Florida Gov. Ron DeSantis doubled down on an earlier commitment to use force against Mexican drug cartels to block the flow of fentanyl coming through the southern border.

"Day one, we're declaring it to be a national emergency," DeSantis said. "I'm going to do what no president has been willing to do. We are going to lean in against the cartels directly, and we are going to use deadly force against them."

That would involve the use of the US military in lethal offensive operations in Mexico, something that Mexican President Andres Manuel Lopez Obrador has angrily rejected. But it is only one of a panoply of increasingly aggressive policy prescriptions aimed at the cartels coming out of Republican precincts as the death toll from fentanyl overdoses rises.

International

Israel Health Minister Says Patients Can Be Prescribed Medical Marijuana Beginning in December. The Health Ministry has announced that doctors will be able to prescribe marijuana to patients beginning in December. Currently, patients need a license to use medical marijuana.

The change is intended to make it easier for patients to get access to the drug and to remove bureaucratic obstacles. The ministry said it will review the changes after one year.

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

OH Legal Weed Initiative Hands in Final Signatures, Brazil Drug Raids Leave 45 Dead, More... (8/3/23)

by psmith, August 03, 2023, 04:53pm, (Issue #1192)

It looks like Ohioans will get to vote on marijuana legalization this year, Singapore hangs yet another drug offender, and more.

Cocaine -- an Australian lawmaker says legalize it. Black market cocaine also finances conflict in Colombia. (Pixabay)

Marijuana Policy

Ohio Marijuana Legalization Initiative Campaign Hands in Final Signatures. The Coalition to Regulate Marijuana Like Alcohol has handed in an additional 6,545 raw signatures after it came up 679 valid voter signatures short in its initial round of signature gathering. That should guarantee that their proposed marijuana legalization initiative will be on the November 2023 ballot.

"Today, our Coalition submitted 6,545 signatures to the Ohio Secretary of State, well above the 679 required to get on the ballot this November. I cannot express our thanks enough to everyone who came out to support this effort," said coalition spokesperson Tom Hare. "This submission validates what we've said all along: Regulating marijuana is popular in Ohio," he said. "We're looking forward to giving Ohio voters a chance to make their voices heard at the ballot this fall."

Under the initiative, people 21 and over can purchase and possess up to 2 ½ ounces of marijuana and grow up to six plants, or 12 plants per household. The initiative also envisions a system of taxed and regulated marijuana commerce with a 10 percent tax on sales.

The initiative would need 50 percent of the vote plus one to win. A USA Today/Suffolk University poll last month had support at 58.6 percent.

International

Australia New South Wales Lawmaker Calls for Cocaine Legalization. In the wake of a series of high-profile shootings and killings in Sydney in the past month, a New South Wales Green member of the state parliament is calling for cocaine legalization.

"The worst thing for the drug lords right now would be a legal market, that's what they would fear the most," MP Cate Faehrmann said on Tuesday. "The war on drugs has well and truly failed. We're just doing the same thing day in day out. I think the only people who think that what we're doing is good is the criminals themselves."

The comments come as the Labor Party plans to hold a drug summit in the near future. In the meantime, NSW Liberal Party Shadow Health Minister Matt Kean said calls for legalization undermined the efforts of police and argued that policymakers' focus should be on "strong law and order policies."

Brazil Police Raids Kill At Least 45 People in Past Week. In a series of raids against drug trafficking gangs carried out after the killing of a police officer a little more than a week ago, police have killed at least 45 people. Ten were killed in the Complexo da Penha favela in Rio de Janeiro on Wednesday, 19 were killed in clashed with military police between Friday and Monday in Salvador, and the death toll has risen to 16 in an ongoing operation in the Baixada Santista region of Sao Paulo.

Human rights groups denounced the action in Baixada Santista as a revenge-motivated massacre, with residents also reporting threats and cases of torture.

"What happened in Guarujá was a massacre. The deaths were deliberate… The state of São Paulo must contain this wave of violence," said Dimitri Sales, president of the state council on the defense of human rights (Condepe).

The raids are all part of something called Operation Shield, which is aimed at the drug trade. The governor of Sao Paulo has said the operations were "clean" and that all the victims were suspected criminals, sparking even more concern from human rights groups.

"It is extremely concerning that the governor and security secretary declare that there were no [human rights] abuses before an investigation is even held… [This] is effectively an endorsement of arbitrary practices," said Oscar Vilhena, a lawyer and member of the Arns Commission, a human rights organization.

Colombia Signs Truce Agreement with National Liberation Army. The left-leaning government of President Gustavo Petro and the leftist guerrillas of the National Liberation Army (Ejercito de Liberacion Nacional -- ELN) began a six-month truce Thursday, marking the beginning of an effort to reach a permanent peace agreement with the country's last remaining rebel group.

The government reached a peace agreement with the leftist guerrillas of the FARC, a much larger force, back in 2017, but FARC dissidents remain in the field. Like the ELN and rightist paramilitaries, all of the groups are involved in the lucrative cocaine trade.

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

Singapore Executes Third Drug Offender in Little More Than a Week. For the third time in less than 10 days, Singapore has executed a person convicted of a drug offense. Mohamed Shalleh Abdul Latiff, 39, was hanged at Changi Prison for trafficking under two ounces of heroin.

Mohamed Shalleh's hanging comes only days after authorities in the city-state executed Saridewi Binte Djamani, 45, and Mohd Aziz bin Hussain, 57, for drug trafficking, prompting an outcry from the United Nations and human rights organizations. At least 16 people have been hanged for drug offenses since Singapore ended a pandemic-related moratorium on the death penalty.

FDA Approves Second OTC Nasal Naloxone Spray, Singapore Hangs Another Drug Offender, More... (7/28/23)

by psmith, July 28, 2023, 04:17pm, (Issue #1192)

GOP senator files bill mandating social media cooperation with law enforcement against drug trafficking, bipartisan senators file bill to ease access to fentanyl test strips, and more.

RiVive naloxone nasal spray has been approved by the FDA. (Harm Reduction Therapeutics)

Drug Policy

Rick Scott Files Social Media Act to Combat Online Drug Sales. Sen. Rick Scott (R-FL) on Friday introduced the Stopping Online Confusion for Investigative Agencies and Law Enforcement by Maintaining Evidence Determined Interparty Arrangements (SOCIAL MEDIA) Act to combat the sale of fentanyl and other illicit drugs on social media platforms. The SOCIAL MEDIA Act will allow for better law enforcement coordination in criminal cases with social media platforms by requiring 24/7 staffed-in-the-USA call centers for fielding information requests with clear guidelines for agencies to best expedite the process. This bill will promote enhanced data collection, transparency in the data collected, and uniformity in data presented to better compare platform to platform on their efforts to combat illegal drug sales.

The SOCIAL MEDIA Act fhas been endorsed by the National Sheriffs' Association, the Partnership for Safe Medicine and the Major County Sheriffs of America.

Harm Reduction

FDA Approves Second Over-the-Counter Naloxone Nasal Spray Product. The Food and Drug Administration (FDA) on Friday approved RiVive, 3 milligram (mg) naloxone hydrochloride nasal spray for over the counter (OTC), nonprescription use for the emergency treatment of known or suspected opioid overdose. This is the second nonprescription naloxone product the agency has approved, helping increase consumer access to naloxone without a prescription. The timeline for availability and the price of this nonprescription product will be determined by the manufacturer.

"We know naloxone is a powerful tool to help quickly reverse the effects of opioids during an overdose. Ensuring naloxone is widely available, especially as an approved OTC product, makes a critical tool available to help protect public health," said FDA Commissioner Robert M. Califf, M.D. "The agency has long prioritized access to naloxone products, and we welcome manufacturers of other naloxone products to discuss potential nonprescription development programs with the FDA."

The FDA has taken a series of steps to help facilitate access to opioid overdose reversal products and to decrease unnecessary exposure to opioids and prevent new cases of addiction. The agency approved the first nonprescription naloxone nasal spray product in March 2023, the first generic nonprescription naloxone nasal spray product in July 2023 and over the last year has undertaken new efforts to expand opioid disposal options in an effort to reduce opportunities for nonmedical use, accidental exposure and overdose.

The FDA granted the nonprescription approval of RiVive to Harm Reduction Therapeutics.

Bipartisan Senate Bill to Increase Access to Fentanyl Test Strips Filed. A bipartisan group of senators on Thursday filed a bill to clarify that the federal drug paraphernalia statute excludes fentanyl test strips, which remain criminalized as drug paraphernalia under state laws in more than 20 states.

Sens. John Cornyn (R-TX), Chris Coons (D-DE), Tom Cotton (R-AR), Bill Cassidy (R-LA), and Amy Klobuchar (D-MN) are all cosponsors of the Fentanyl Safe Testing and Overdose Prevention Act. Companion legislation, HR 3653 was introduced in May in the House.

"This legislation would help prevent deaths due to fentanyl poisoning by giving people the tools to identify it, and I urge my colleagues to pass it without delay," Cornyn said. His state, Texas, has experienced one of the nation's worst rates of fentanyl overdoses, which skyrocketed nearly 600% over the last year, according to the state's Department of Health and Human Services.

The Fentanyl Safe Testing and Overdose Prevention Act would also apply to test strips for xylazine, a powerful animal tranquilizer approved by the Food and Drug Administration only for veterinary use. Officials have warned the public that the sedative, which has been found to be mixed with fentanyl in several states, can create a deadly drug cocktail.

International

Singapore Hangs Woman Drug Offender for First Time in 20 Years; Second Drug Execution This Week. Singaporean national Saridewi Djamani was executed Friday in the first known execution of a woman in Singapore since 2004. She was found guilty of possession of around 30 grams of diamorphine (heroin) for the purposes of trafficking. A Singaporean Malay man, Mohd Aziz bin Hussain, was executed on Wednesday after being found guilty in 2018 for trafficking around 50 grams of diamorphine (heroin). Both had been sentenced to the mandatory death penalty in 2018.

Singapore has now executed 15 people for drug related offenses since March 2022, when executions resumed after a hiatus of two years. Four of these were known to have been carried out in 2023. Singapore's close neighbour Malaysia has observed an official moratorium on executions since 2018 and has recently repealed the mandatory death penalty, including for drug-related offences. The Transformative Justice Collective reported that a third execution has been set for 3 August, of a man convicted and sentenced to the mandatory death penalty for possession of 54 grams of diamorphine for the purpose of trafficking.

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

FL Supreme Court Marijuana Initiative Fight, Peru Coca Expansion, More... (7/26/23)

by psmith, July 26, 2023, 05:04pm, (Issue #1192)

Singapore has executed one drug offender with another set for later this week, the Florida ACLU joins the fight for a marijuana legalization initiative, and more.

The gallows. Singapore's implement of choice for dealing with drug traffickers, even small-time ones. (Pixabay)

Marijuana Policy

Florida Supreme Court Grants AG's Request for More Time to Challenge Marijuana Legalization Initiative. The state Supreme Court on Monday granted a request from Attorney General Ashley Moody (R) for more time to challenge a marijuana legalization initiative from Smart & Safe Florida. She now has until August 2 to make her argument that the initiative does not meet state requirements to be on the November 2024 ballot.

Smart & Safe Florida opposed the seven-day extension, arguing instead for a two-day extension, but the Supreme Court gave Moody the whole seven days.

If the high court approves the initiative or fails to issue a ruling by April 1, 2024, would be set to appear on the November 2024 ballot. Since it takes the form of a constitutional amendment, it will need 60 percent of the vote to pass.

Florida ACLU Joins Fight Over Getting Marijuana Legalization Initiative on the Ballot. The ACLU of Florida filed a brief on Monday backing the Smart & Safe Florida marijuana legalization initiative and calling out the state Supreme Court for the way it has handled ballot initiatives in recent years, turning the process into an "acrobatic exercise."

"The ACLU is arguing that the Supreme Court now has a history over the last several years in Florida of striking down these initiatives," ACLU attorney Will Cooper said. "If the Supreme Court really does want to let the people speak and get out of the business of striking these initiatives down and acted by the people of Florida, I think they certainly have a sufficient basis to let it stand," he added.

In the past five years, the Supreme Court has reviewed nine initiatives, striking down four of them, as well as refusing to review another initiative, effectively killing it. In the five year period before that, the high court reviewed seven initiatives and struck down none of them.

International

Peru's Surging Cocaine Trade is Overrunning Remote Indigenous Territories. In Ucayali department, which is a lowland jungle region bordering Brazil, coca has arrived, and the trade is threatening the reserves of the isolated tribespeople who inhabit the area. It is an area largely bereft of state services, including an anemic state security apparatus, a situation that has created "an open door" for the drug trade, say drug experts and indigenous communities.

Coca production has expanded from the Valley of the Apurimac, Ene, and Mantaro Rivers (VRAEM) to far Ucayali, where land under cultivation has spiked nearly five-fold in the past five years. Nearly 35,000 acres of coca was grown on land belonging to some 295 native communities. Nationally, coca cultivation increased by 18 percent from 2021 to 2022.

"Ucayali has practically wide open borders and strategic positioning," said Frank Casas, an expert on Peru's drug trade. "Within the last three years, the region has become a high production area, and not only in terms of coca, but also in the production and commercialization of cocaine to international markets."

Singapore Hangs Drug Offender, Another Hanging Set for Friday. Singapore authorities hanged a 56-year-old man, Mohammed Aziz Hussain, after he was sentenced to death in 2018 for trafficking less than two ounces of heroin. And it is set to hang a woman, Saridewi Djamani, 45, on Friday for trafficking slightly more than an ounce of heroin in 2018.

The local Transformative Justice Collective and international human rights groups called on the government to halt the pending execution and end the resort to the death penalty. It had been under a moratorium during the coronavirus pandemic, but has returned with a vengeance last year with 15 drug offenders executed since then.

"Singaporean authorities must immediately stop these blatant violations of the right to life in their obsessive enforcement of misguided drug policies," Adilur Rahman Khan, secretary-general of the International Federation of Human Rights, said in a statement.

A joint statement by Transformative Justice Collective and other groups noted that Law Minister K. Shanmugam reportedly acknowledged in a 2022 interview that Singapore's harsh policy on drugs has not led to the arrest of the so-called drug kingpins.

"Instead of disrupting drug cartels… the government of Singapore deliberately retains capital drug laws that, in practice, operate to punish low-level traffickers and couriers, who are typically recruited from marginalized groups with intersecting vulnerabilities," the statement said.

CA Psychedelic Research Initiative, Colombia Coca Price Crash Causing Misery, More... (7/24/23)

by psmith, July 25, 2023, 05:01pm, (Issue #1192)

Ab Ohio marijuana legalization initiative needs more signatures but has the time to get them, Singapore is set to hang two more drug offenders, and more.

A Colombia coca farmer. It is hard times in coca land. (DEA.gov)

Marijuana Policy

Ohio Marijuana Legalization Initiative Comes Up Short on Signatures, But Has Ten Days to Get More. A signature gathering campaign by the Coalition to Regulate Marijuana Like Alcohol to put a legalization initiative on the November ballot came up 679 signatures short, according to Secretary of State Frank LaRose (R). The campaign, though, has through August 4 to come up with more.

"It looks like we came up a little short in this first phase, but now we have 10 days to find just 679 voters to sign a supplemental petition -- this is going to be easy, because a majority of Ohioans support our proposal to regulate and tax adult use marijuana," coalition spokesman Tom Haren said in a statement.

The initiative would allow adults 21 and over to buy and possess up to 2.5 ounces of cannabis and to grow plants at home. A 10% tax would support administrative costs, addiction treatment, municipalities with dispensaries and social equity and jobs programs.

Psychedelics

California Initiative Would Create State $5 Billion Psychedelic Agency. A campaign calling itself TREAT California is gearing up for a signature gathering campaign to put an initiative on the 2024 ballot that would create a $5 billion state agency to fund and promote psychedelic research to help speed the federal legalization of substances such as psilocybin and ibogaine.

The initiative would not legalize or decriminalize psychedelics in the state, but wants to create the Treatment, Research, Education, Access and Therapies (TREAT) Institute to look into the therapeutic potential of psychedelics to treat mental health conditions.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed initiative says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

International

Colombia Coca Price Collapse Causing Rural Misery. Over the past two years, the farmgate price of coca has fallen by a third in Cauca department, while in neighboring Narino department, the price of coca paste has dropped from $975 a kilo to around $240.

As a result, a good number of the 400,000 coca-growing families in the country are facing collective impoverishment an acute social crisis. Food insecurity due to price inflation and forced displacements of people in search of brighter prospects are now common.

While there are multiple causes for the price drop, the most direct one appears the massive increase in coca cultivation between 2018 and 2021, which led to an oversupply that sank prices. In addition, cultivation has spread to other countries in South and Central America, and other synthetic drugs, such as fentanyl, have gained ground.

Singapore Set to Hang Two More Drug Convicts. The city-state is set to hang two people convicted of drug offenses this week, including a 56-year-old man convicted of trafficking under two ounces of heroin and a 45-years-old woman sentenced to death for an ounce and a half of heroin. She would be the first woman sent to the gallows in Singapore in nearly 20 years.

Singapore has some of the world's toughest drug laws, including the death penalty for more than 500 grams of marijuana or 15 grams of heroin. At least 13 people have been executed for drug offenses since the government ended a moratorium in place during the coronavirus pandemic.

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

Federal Drug Prisoner Population Declines, CA Psychedelic Legalization Bill Advances, More... (7/13/23)

by psmith, July 13, 2023, 05:07pm, (Issue #1192)

A GOP-led House committee has killed marijuana and psychedelic reform amendments to the defense spending bill, a Mexican drug cartel uses roadside bombs against the police, and more.

There has been a remarkable drop in federal drug prisoners in recent years. (Creative Commons)

Marijuana Policy

House Committee Kills Every Marijuana and Psychedelic Amendment to Must-Pass Defense Spending Bill. The GOP-led House Rules Committee has killed more than a dozen bipartisan marijuana and psychedelic policy amendments to the National Defense Authorization Act. The Republican leadership of the committee declined to accept any of them for floor votes. Among the proposed amendments killed was one to end marijuana testing for people trying to join the armed forces, one protecting federal workers from losing security clearances because of marijuana, one allowing servicemembers to use CBD and other hemp-derived products, and one investigating the therapeutic potential of certain psychedelics.

Michigan Ends Pre-Employment Marijuana Screening for Most State Jobs. Following months of public comment, the Michigan Civil Service Commission has voted unanimously to adopt new rules ending the practice of pre-employment marijuana screening for most state workers. Under the new policy, most public employees will no longer be required to undergo pre-employment marijuana testing. (Exceptions to the new rules will remain for those in certain safety sensitive positions, like law enforcement personnel.) Those previously denied positions because of a failed marijuana test are also now eligible to immediately reapply for employment.

Psychedelics

California Psychedelic Legalization Bill Wins Another Committee Vote. A bill that would legalize the possession and use of certain psychedelics, Senate Bill 58, which has already been approved by the Senate, has now won a second committee vote in the Assembly. The measure passed the Assembly Health Committee on a 9-2 vote Tuesday. It must now pass only one more committee, the Assembly Appropriations Committee, before heading for an Assembly floor vote. The bill would legalize the "possession, preparation, obtaining, transfer, as specified, or transportation of" specific amounts of psilocybin, psilocyn, DMT, ibogaine and mescaline for personal or facilitated use. Notably, "synthetic" psychedelics like LSD and MDMA would not be legalized, unlike the provisions of the previous version of legislation from Sen. Scott Wiener (D-San Francisco).

Berkeley City Council Effectively Legalizes Some Psychedelics. The city council of the East Bay city voted Tuesday to effectively legalize a range of psychedelics by voting unanimously to make the enforcement of state and federal laws against psychedelic plants and fungi the lowest law enforcement priority. The resolution passed, however, bars the "giving away, sharing, distributing, transferring, dispensing, or administering" of psychedelics.

Sentencing

Nearly a Quarter Fewer Persons Were in Federal Prison for Drug Offenses in 2018 Than in 2013. The number of people held in Federal Bureau of Prisons' facilities on a drug offense fell 24% from fiscal yearend 2013 (94,613) to fiscal yearend 2018 (71,555), according to Sentencing Decisions for Persons in Federal Prison for Drug Offenses, 2013-2018, a new report from the Bureau of Justice Statistics. These persons accounted for 51% of the federal prison population in 2013 and 47% in 2018.

Between 2013 and 2018, there were large decreases in persons serving time in federal prison for marijuana (down 61%), crack cocaine (down 45%) and powder cocaine (down 35%), with a smaller (4%) decline in persons imprisoned for opioids. These reductions were partly offset by growth in the number of persons serving time for heroin (up 13%) and methamphetamine (up 12%).

During the 5-year period, there was also a 33% decrease in the number of people in federal prison who, because of the type and amount of drugs involved in their offense, faced the possibility of mandatory minimum penalties at sentencing. A similar decline trend was observed in the number who ultimately received penalties (down 26%) and received relief from penalties (down 52%).

About 60% of all people in BOP custody for drug offenses at fiscal yearend 2018 had received mandatory minimum penalties: 22% for methamphetamine, 15% for powder cocaine, 14% for crack cocaine, 5% for heroin, 4% for marijuana and less than 1% for opioids. When the federal prison population was analyzed by persons who could have received penalties for their drug offense, those serving time for crack cocaine were more likely to receive penalties (94%) than those held for marijuana (82%), powder cocaine (81%), heroin (80%), methamphetamine (79%) or opioids (70%).

International

Montreal Police Raid Illegal Magic Mushroom Shop on Opening Day. FunGuyz, a chain of shops selling illegal magic mushrooms, has already had several of its stores raided in Ontario, and on Tuesday, it could add one in Montreal to the list. Montreal police raided the shop hours after it opened offering a menu of pills, dried mushrooms, and chocolate bars laced with psilocybin.

A FunGuyz spokesman called the raid a "simple" product seizure and a "waste of taxpayers' money." He said opening FunGuyz was a form of protest to challenge the illegality of psychedelic drugs. "We do expect the police to come in and raid us because obviously what we're doing, it's illegal," he said on Tuesday. "The idea behind everything is, are the police willing to… use the taxpayers' money for mushroom stuff?"

Mexican Drug Cartel Use Roadside Bomb to Kill Cops. Four police officers and two civilians were killed by a series of roadside bombs in the western state of Jalisco on Tuesday. Authorities said an anonymous caller reported a tip about a supposed clandestine burial site, and when police went to investigate, seven roadside bombs went off simultaneously. The blasts were so powerful they left craters in the road, destroyed at least four vehicles, and wounded 14 more people. The state prosecutor blamed an unnamed drug cartel. The Jalisco New Generation Cartel has significant experience with improvised explosive devices, as well as bomb-dropping drones.

Ukraine Parliament Gives Initial Approval to Medical Marijuana Bill. The parliament has given initial approval to a bill to legalize medical marijuana in the country. It must still be approved in a second reading and then sent to President Volodymyr Zelensky for his signature. Zelensky has already said he supports the bill.

Sentencing

DHS Rolls Out Strategy for Combatting Illicit Opioids, UN Report Calls for Decriminalization, More... (9/20/23)

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Alarm Over New Synthetic Opioids, San Francisco Safe Injection Site Saves Lives, More... (8/29/23)

Chronicle Book Review: When Crack Was King

San Francisco Has Magic Mushroom Churches, DeSantis Doubles Down on Cartel Threats, More... (8/7/23)

OH Legal Weed Initiative Hands in Final Signatures, Brazil Drug Raids Leave 45 Dead, More... (8/3/23)

FDA Approves Second OTC Nasal Naloxone Spray, Singapore Hangs Another Drug Offender, More... (7/28/23)

FL Supreme Court Marijuana Initiative Fight, Peru Coca Expansion, More... (7/26/23)

CA Psychedelic Research Initiative, Colombia Coca Price Crash Causing Misery, More... (7/24/23)

Federal Drug Prisoner Population Declines, CA Psychedelic Legalization Bill Advances, More... (7/13/23)

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