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Federal Marijuana Cases Continue to Decline, Britain Plans to Ban Nitrous Oxide, More... (3/28/23)

A Montana bill would turn back the clock on legal marijuana sales, a House bill to increase fentanyl penalties but also ease scientific research on Schedule I substances wins a House committee vote, and more.

"Whippets"--used nitrous oxide containers. Laughing gas could soon be banned in Britain. (CC)
Marijuana Policy

Federal Marijuana Trafficking Prosecutions Continue to Decline. The US Sentencing Commission reports that federal marijuana trafficking cases continued a long-term decline in 2022. There were about 5,000 federal marijuana cases in 2013, but only 806 last year. The most prosecuted drug was meth, with nearly 10,000 cases. Powder cocaine saw just under 4,000 cases, while fentanyl accounted for around 3,000. There were fewer than 2,000 prosecutions for crack cocaine and for heroin.

Montana Bill Would Dismantle State's Legal Marijuana Industry. A Republican state senator, Keith Regier, has filed a bill that would effectively dismantle the state's legal marijuana industry. The measure, Senate Bill 546, primarily focuses on "eliminating adult-use dispensaries," but also reduces the number of plants adults can grow from two mature plants to one. It also takes aim at the state's medical marijuana program by doubling the state tax on it, and limiting medical marijuana potency and the amount patients could possess. The bill, which has no cosponsors, will get a hearing in the Senate Business, Labor and Economic Affairs Committee on Wednesday.

Drug Policy

House Bill to Increase Fentanyl Penalties, Streamline Marijuana and Psychedelics Research Wins Committee Approval. The House Energy and Commerce Committee last Thursday approved HR 467, the Halt All Lethal Trafficking of Fentanyl Act or HALT Fentanyl Act. The bill places fentanyl-related substances as a class into Schedule I of the Controlled Substances Act. The bill also establishes a new, alternative registration process for Schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. Drug reform advocates generally oppose the bill because it ramps up mandatory minimums for fentanyl offenses even as they would welcome the language easing drug research barriers.

International

British Government Plan to Criminalize Laughing Gas Draws Criticism. Tory Prime Minister Rishi Sunak on Monday unveiled a plan to tackle "anti-social behavior" that includes criminalizing the possession of nitrous oxide (laughing gas) as a Class C drug. In doing so, he rejected the recommendation of the Advisory Council on the Misuse of Drugs, which recently said it should not be banned. It also drew criticism from the scientific non-profit Drug Science, which said a ban is "is completely disproportionate" and "would likely deliver more harm than good." But Home Secretary Suella Braverman told Parliament there was still "emerging evidence that [nitrous oxide] does cause serious harm to health and wellbeing" and that the measure "put an end to hordes of youths loitering in and littering parks with empty canisters." Labor, for its part, criticized the government crackdown as "too little, too late," but said it supported the nitrous oxide ban. 

Biden Lays Out Plan to Tackle Fentanyl, Myanmar Meth Production, More... (2/8/23)

That Minnesota marijuana legalization bill keeps advancing, another senator joins the call for the drug czar to be reinstated to a cabinet-level position, and more.

The president used his state of the union address to lay out a plan to fight fentanyl and opioid overdoses. (whitehouse.gov)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins Yet Another Committee Vote. The marijuana legalization bill continues to advance, with the House version, House File 100, winning its seventh committee vote Tuesday in a voice vote at the Workforce Development Finance and Policy Committee. Meanwhile, the Senate version of the bill won its fourth committee vote earlier in the week. But after all those committee votes, the bills are still only about halfway through the committee process. Still, Democratic lawmakers and Gov. Tim Walz (D) are confident the measure will become law before the summer is over.

Drug Policy

At State of the Union, Biden Lays Out Plan to Tackle Fentanyl and Opioid Overdose Epidemic. President Biden outlined his plan "to beat the opioid epidemic" by "disrupting the trafficking, distribution, and sale of fentanyl." That will include increased enforcement at points of entry, intercepting more packages of fentanyl coming through package delivery companies, working diplomatically to address the supply chain abroad, and increasing penalties for fentanyl suppliers. Biden also calling for "expanding access to evidence-based prevention, harm reduction, treatment, and recovery," by delivering more naloxone, ensuring there is more drug treatment in jails and prisons, and expanding access to medications for opioid use disorder.

Another Senator Joins Call for Drug Czar to Be Reinstated as Cabinet Officer. Sen Shelley Moore Capito (R-WV) has joined the list of senators and representatives calling on the Biden administration to restore the director of the Office of National Drug Control Policy (ONDCP—the drug czar's office) to a cabinet-level position. "Elevating the post would enable ONDCP to more effectively coordinate drug control efforts across federal agencies and enhance the Biden administration’s response the opioid epidemic, a public health crisis that killsmore than 100,000 Americans each year." She joins Sen. Ed Markey (D-MA), a member of the U.S. Commission on Combating Synthetic Opioid Trafficking, and Representatives David Trone (D-MD), Brian Fitzpatrick (R-PA), and Annie Kuster (D-NH), co-chairs of the Bipartisan Mental Health and Substance Use Disorder Task Force, who sent a letter to the White House last week urging the drug czar's reinstatement.

International

Myanmar Now a Leading Methamphetamine Producer. Long known for its opium production, Myanmar is now a leading global producer of methamphetamine, according to academic researchers, who cite massive meth seizures in the region (more than 170 tons) and point to armed groups who used to rely on opium revenues switching to meth production after government crackdowns on the poppy. The UN Office on Drugs and Crime puts the value of the regional meth trade at $61 billion a year, and the researchers say organized crime groups are trafficking Myanmar meth to "high value markets," such as Australia, Japan, and New Zealand. 

Medical Marijuana Update

A marijuana research bill becomes law, the SAFE Banking Act doesn't, and more.]

National

Marijuana Banking Reform Dead in This Congress. Efforts to provide state-legal marijuana businesses with access to banking and financial services have come to naught in this Congress. The push has been on to get the SAFE Banking Act (HR 1996) through the Senate after it passed the House on seven different occasions, most recently in July. But Senate Majority Leader Chuck Schumer (D-NY) never called it for a vote and he and his Senate allies repeatedly blocked it from being attached to various spending bills as they held out for a full-blown legalization bill. One last chance for the act was the omnibus spending bill passed Tuesday, but it didn't include the act, either. This time, though, it was blocked not by Schumer but by Senate Minority Leader Mitch McConnell (R-KY).

SAFE Banking Act Plus Effort Set for Next Year. Supporters of the SAFE Banking Act (HR 1996) struck out in this Congress, but are determined to get an enhanced version of the bill passed next year. The SAFE Banking Act Plus will contain "important expungement and second amendment rights provisions," said bill sponsor Sen. Jeff Merkley (D-OR). Although the last chance to get the bill passed this year was blocked by Republican Senate leaders, Merkley said, the SAFE Banking Act Plus was a "must pass" in 2023. "We've made so much progress on forging bipartisan consensus,"Merkley said, adding that he "won't rest until we get it done."

Kansas

Kansas Lawmakers Plan to Introduce Medical Marijuana Bill at Start of Session Next Month. Since the end of the last legislative session, members of the Special Committee on Medical Marijuana have been meeting, compiling data, and evaluating research, and now they say they are ready to file a medical marijuana bill at the beginning of the session beginning next month. "I think what I'm going to do is -- and any member is more than welcome -- is to take this information and create the bill," said. Sen. Rob Olson (R-Olathe), chair of the medical marijuana committee. "And I'm going to work on a bill with a couple members and then if anybody wants to sign on in the Senate, they'll be more than able to sign onto that bill and introduce it at the beginning of session." He also called on House lawmakers to file similar legislation. "I think that's probably the best way forward," Olson said. Kansas is one of the 13 states that have still not legalized medical marijuana.

Rotterdam Mayor Says Port City "Drowning in Cocaine," SAMHSA to Ease Opioid Treatment Rules, More... (12/14/22)

The US Pardon Attorney says federal marijuana pardon certificates are coming soon, an Irish parliament committee calls for drug decriminalization and regulation, and more.

Cocaine seized before it could reach its European market. (defensa.gob.es)
Marijuana Policy

DOJ Official Details Plans to Provide Presidential Marijuana Pardon Certificates. US Pardon Attorney Elizabeth Oyer said Tuesday that people seeking presidential pardons for past federal marijuana convictions would soon get the opportunity to obtain certificates to do so, and that the application process should take less than ten minutes. Oyer noted that President Biden's recent pardon of some 6,500 federal marijuana offenders was "self-effectuating," meaning the pardons went into effect as soon as Biden announced them, but Biden's pardon proclamation directed the Justice Department to follow up with a certification process. The process is "very far along" and the certificates should be ready "soon," she added.

Opiates and Opioids

SAMHSA Proposes Update to Federal Rules to Expand Access to Opioid Use Disorder Treatment and Help Close Gap in Care. The Department of Health and Human Services (HHS), through its Substance Abuse and Mental Health Services Administration (SAMHSA), is proposing to expand access to treatment for opioid use disorder (OUD) at a time when more than 107,000 Americans lost their lives to an overdose last year.

The proposal would update federal regulations that oversee OUD treatment standards, specifically 42 CFR Part 8, by allowing take home doses of methadone and the use of telehealth in initiating buprenorphine at opioid treatment programs (OTPs). Goals include providing greater autonomy to OTP practitioners, supporting recovery, and continuing the move toward flexibility in OTP that was extended at the start of the COVID-19 pandemic.

International

Irish Parliament Justice Committee Recommends Drug Decriminalization, Legalization. The Oireachtas (parliament) Justice Committee has recommended a host of changes to Ireland's drug policy, including examining legalizing and regulating some drugs, notably marijuana, and decriminalizing others. In its new report, the committee called for a three-pronged approach -- decriminalization, exploring drug regulation, and improving existing addiction services.

"There's already a commencement on that journey [of decriminalization], we've seen that in recent years but that policy should be doubled down on and accelerated," said committee Chair James Lawless. He also argued that a "managed market" could make drugs safer than the existing black market. "In the regulation would be a concept of actually having a commercial product and having the product available, which can be monitored, managed, licensed, weighed, tested for compliance, for safety, for content in a way that it clearly is not at the moment," he said.

Europe's Biggest Port Drowning in Cocaine. The port of Rotterdam, Europe's largest, saw nearly 70 tons of cocaine seized in 2021, up 74 percent over 2020, according to Dutch customs. Rotterdam and the nearby Belgian port of Antwerp were the two main ports used by a Dubai-based "super cartel" allegedly supplying a third of Europe's cocaine. That group was busted last month, but the flow of cocaine is expected to continue. "It seems there are lots of buyers" in Europe," said Customs officer Ger Scheringa. "And if there is demand, it is supplied."

Mayor Ahmed Aboutaleb said the city is "drowning in cocaine" and deplored the violence that has accompanied the black market drug trade. Aboutaleb wants all ships coming from Latin America scanned, but that runs up against the imperatives of business. "The biggest challenge is to find a good balance between the speed of logistics for the port, and checking everything you want," said Scheringa.

Biden Signs Marijuana Research Bill into Law [FEATURE]

The White House announced last Friday that President Biden (D) had signed into law the bipartisan Medical Marijuana and Cannabidiol Research Expansion Act (HR 8454). The signing was historic; it marked the first time a president has signed a standalone marijuana reform bill into law. Some marijuana reform measures have been passed before, but only as part of much broader appropriations bills.

In a historic move, President Biden has signed a standalone marijuana reform bill into law. (whitehouse.gov)
With lead sponsors Rep. Earl Blumenauer (D-OR), head of the Congressional Cannabis Caucus, and Sen. Dianne Feinstein (D-CA) in their respective chambers, the bill passed by unanimous consent, first in the House and then late last month in the Senate.

The aim of the bill is to facilitate research on marijuana and its potential health benefits. The bill will accomplish this by streamlining the application process for scientific marijuana studies and removing existing barriers for researchers that frequently slow the research process. It will broaden marijuana research by allowing both private companies and research universities to seek DEA licenses to grow their own marijuana for research purposes.

The bill calls on the Department of Health and Human Services (HHS) to study potential therapeutic benefits of the plant, which could have an impact on a rescheduling review Biden ordered in October. But that HHS mandate also includes language requiring research on how marijuana may affect one's ability to drive and the impact of its use on teenage brains.

"Today marks a monumental step in remedying our federal cannabis laws," said Blumenauer and Cannabis Caucus co-chairs Dave Joyce (R-OH), Barbara Lee (D-CA), and Brian Mast R-FL) in a statement after the signing."We celebrate the enactment of this critical and long-overdue legislation, and we know there is much more to do to remedy the ongoing harms of the failed war on drugs."

Among the bill's cosponsors in the Senate was Sen. Charles Grassley (R-IA). Both he and Sen. Feinstein have been among the Senate's most ardent drug warriors going well back into the last century. While this bill is fairly conservative -- it does not directly address rescheduling marijuana or take up the question of access to financial services, let alone legalization -- that both Feinstein and Grassley back it is a sign of how far we've come.

"I've heard directly from Iowans who are desperately in search of treatment options for conditions like child epilepsy," Grassley said in a statement "Unfortunately, many families have resorted to using untested, unregulated derivatives from the marijuana plant as a last resort to treat these conditions. Since 2015, I've pushed to expand medical research into marijuana derivatives such as cannabidiol to better understand their benefits and potential harms. This research is a critical step toward ensuring safe and effective therapies are also consistently regulated like any other prescription drug."

"There is substantial evidence that marijuana-derived medications can and are providing major health benefits," Sen. Feinstein said in a statement. "Our bill will make it easier to study how these medications can treat various conditions, resulting in more patients being able to easily access safe medications. We know that cannabidiol-derived medications can be effective for conditions like epilepsy. This bill will help refine current medical CBD practices and develop important new applications. After years of negotiation, I'm delighted that we're finally enacting this bill that will result in critical research that could help millions," she added.

Now is the time to press for more reform, said Blumenauer.

"Finally, the dam is starting to break," he said in a separate statement. "The passage of my Medical Marijuana and Cannabidiol Research Expansion Act in the House and Senate represents a historic breakthrough in addressing the federal government's failed and misguided prohibition of cannabis."

"As we have seen in state after state, the public is tired of waiting for the federal government to catch up. Nearly half of our nation's population now live in states where adult-use of cannabis is legal. For far too long, Congress has stood in the way of science and progress, creating barriers for researchers attempting to study cannabis and its benefits. At a time when more than 155 million Americans reside where adult-use of cannabis is legal at the state or local level and there are four million registered medical marijuana users with many more likely to self-medicate, it is essential that we are able to fully study the impacts of cannabis use."

"The passage of this legislation coming just weeks after the change in President Biden's posture towards cannabis is extraordinarily significant. We must capitalize on this momentum to move subsequent common-sense House-passed bills like the SAFE Banking Act, which finally allows state-legal dispensaries to access banking services and reduce their risk of violent robberies."

There are, indeed, moves afoot to get the SAFE Banking Act passed during the remainder of the lame duck session, but time is running short and the clock is ticking.

NJ Pot Lounges One Step Closer, DEA Sets Psychedelic Drug Production Quotas, More... (12/5/22)

Kansas's Democratic governor wants medical marijuana this coming year, the DEA announces new, higher research quotas for various psychedelics and marijuana, and more.

The DEA is upping the research quota for various psychedelics, including psilocyn, found in magic mushrooms. (Creative Commons)
Marijuana Policy

New Jersey Marijuana p.ove Rules for Public Cannabis Consumption Areas. The state's Cannabis Regulatory Commission (CRC) approved rules for"public cannabis consumption areas" last Friday. That is a first step toward allowing marijuana smoking lounges to open in the state, and it is one that social justice requires, said CRC Chair Dianna Houenou. "Equitable access to cannabis means everyone who wishes to consume has some place they can do that—legally, safely, and responsibly," Houenou said. "When regulated properly, cannabis consumption areas can strengthen the industry, while giving people more choices on where they consume." Under the rules just proposed, neither alcohol nor tobacco could be sold or consumed at such facilities and food could not be sold, but people could bring their own or have it delivered to the site.

Medical Marijuana

Kansas Governor Reinforces Call for Medical Marijuana as Legislative Priority. Gov. Laura Kelly (D) last Friday reinforced the notion that she wants to make passage of a medical marijuana law a top legislative priority "This legislative session, we need to legalize medical marijuana so that Kansans with severe illnesses no longer have to suffer,"she said. "Providing this relief is long overdue, so let’s work together to get this done. Medical marijuana is one of five priorities she has identified, along with investing in mental health resources, expanding Medicaid, protecting first responders, and providing tax relief.

Psychedelics

DEA Announces How Much Marijuana, MDMA, Psilocyn, LSD, Mescaline, 5-MeO-DMT, MDA, 2-CB Can Be Produced for Research In 2023. The DEA has set production quotas for research drugs for 2023 and it is pushing those numbers up as it responds to increasing scientific and medical interest in the compounds. The agency is "committed to ensuring an adequate and uninterrupted supply of controlled substances in order to meet the estimated legitimate medical, scientific, research, and industrial needs of the U.S., for lawful export requirements, and for the establishment and maintenance of reserve stocks," the DEA said. For marijuana, the DEA recommended the production of 14,770 pounds, more than twice the amount authorized for this year, while quote numbers for psilocyn would go from the original 8,000 grams to 12,000 grams, 5-MeO-DMT from 6,000 to 11,000, MDMA from 8,200 to 12,000 grams, MDA from 200 to 12,000 grams, and 2-CB from 25 to 5,100 grams.

Biden to Sign Marijuana Research Bill This Week, Texas GOP Rep's Cartel Bill, More... (11/21/22)

A German provincial official seeks to scuttle the federal government's marijuana legalizattion plans, the first marijuana reform legislation passed by Congress is about to be signed into law, and more.

A conservative Texas congressman files yet another punitive bill aimed at the border. (Creative Commons)
Marijuana Policy

Biden Will Sign Marijuana Research Bill This Week, White House Says. A bill to remove hurdles to marijuana research that passed the House two months ago and the Senate last week will be signed into law this week, the White House said. The bill, HR 8454, is the first marijuana reform legislation to ever pass Congress. The bill will create a more efficient pathway for researchers seeking large quantities of marijuana and will require that the attorney general act withing 60 days to either approve an application or seek more information from the applicant. The bill will also allow researchers to grow their own marijuana.

Law Enforcement

Texas GOP Representative to File Bill to More Harshly Punish Cartels. Conservative Rep. Dan Crenshaw (R-TX) is set to file a bill that would significantly ramp up penalties for people involved with Mexican drug trafficking organizations. The "Declaring War on the Cartels Act" (not yet available on the congressional website) would make crimes related to drug trafficking, human smuggling, sex trafficking, violence, fraud, and immigration offenses committed by cartel members punishable by up to 20 years in federal prison. It would also bar cartel members and their families from admission to the US and allow for the revocation of naturalized citizenship and green cards for people convicted of such activity. It would also allow for the seizure of cartel funds, with those monies going into a special fund to increase enforcement against them. This is just the latest border bill Crenshaw has filed. He has also filed bills to allow for the longer detention of immigrant minors, ban asylum claims except at ports of entry, and to increase the number of ICE prosecutors.

 

International

Colombian Coca Grower Communities in Caqueta Declare Humanitarian Siege to Protest Forced Eradication. Coca growing communities in Caqueta state have mobilized to protest violent forced coca eradication and the national government’s failure five years after peace accords were signed to implement agreements for voluntary coca eradication and alternative development. More than 22,000 families signed up for that program, which is stalled. Peasants pointed to violent eradication campaigns in the Solano, Milán, La Montañita and El Pajuil areas in Caquetá. Peasant groups are calling for dialog to resolve issues that are pitting the peasantry against the military. The Colombian military claimed in August that forced eradication had ended, but the communities in Caqueta beg to differ.

 

Bavarian Health Minister Asks EU to Scuttle Germany’s Marijuana Legalization Plan. Bavarian Health Minister Klaus Holetschek met in Brussels with the European Union’s director-general for migration and home affairs last week in a bid to block the German federal government’s proposal to legalize marijuana. Holetschek is a member of the center-right Union bloc and strongly opposes Chancellor Olaf Scholz’s legalization blueprint. As part of that plan, the German proposal is being sent to the European Commission, the EU’s executive branch, to ensure it is compatible with EU and global drug laws. The German government says it will only move forward with legalization if the plan is approved by the EU. Holetschek warned that "the German government’s planned cannabis legalization doesn’t just endanger health, but I am convinced that it also violates European law."

Opiate Treatment Program (OTP) Barriers, Schumer Says Progress on SAFE Banking Act +, More... (11/1/22)

There's a drug crackdown going on in India's Punjab, Afghan drug prices are rising despite questions about whether the Taliban ban is actually happening, and more.

An Aghan opium poppy field. It is almost planting time again. Will the Taliban ban actually take place? Stay tuned. (UNODC)
Marijuana Policy

Schumer Says Senate Close to Passing Marijuana Banking, Expungements Bill After Talks with Republicans. Senate Majority Leader Chuck Schumer (D-NY) said Sunday that Congress is "very close" to filing and then passing the SAFE Banking Act + bill, which includes provisions including banking protections for state-legal marijuana businesses and expungements of past marijuana convictions. Schumer cited progress he had made in talks with a "bunch of Republican senators."

Schumer had blocked earlier efforts to pass the SAFE Banking Act, which has passed the House seven times, but now appears ready to move on it as prospects for a broader legalization bill fade. "We are getting very close," Schumer said. "I am working in a bipartisan way with Democrats and Republicans to take the SAFE Banking Act, which allows financial institutions to involve themselves in cannabis companies and lend money to them -- but it also does some things for justice, such as expunging a record. So, expunging the records is important, and we're getting clos We may be able to get something done rather soon. I'm working with a bunch of Republican senators, a bunch of Democratic senators, to get something passed."

Drug Treatment

State Opioid Treatment Program Regulations Put Evidence-Based Care Out of Reach for Many. Opioid treatment programs (OTPs) are the only health care modalities that can offer methadone as well as buprenorphine and extended-release naltrexone to patients. They are the only facilities that can offer methadone, but federal and state rules not based on evidence are curtailing access to high-quality OTP care, the Pew Trust reports in new research.

Among barriers to OTP treatment, Pew found that 20 states require a new OTP to seek state approval baed on demonstrating a need for services before opening, seven states impose restrictive zoning rules on OTPS that don't apply to other health are facilities, 10 states don't allow clients to take medication home in the first 30 days of treatment, 48 states allow OTPs to throw patients out of the program for not being abstinent from opioids or other drugs, and 23 states specify a counseling schedule for patients rather than providing individualized care. Click on the link for methodology and a full data set.

International

Afghan Drug Prices Soared After Taliban Ban, Despite Little Evidence of Enforcement. Illegal drug prices have skyrocketed in Afghanistan since the Taliban banned the drug trade in April, even though there is only limited evidence that the militants are enforcing the ban. Opium prices have increased more than 50 percent, while methamphetamine prices have also risen, according to countrywide data gathered by the private, UK-based satellite imagery company Alcis. While analysts said the ban is not yet widely enforced, prices are rising based on fears of a future crackdown. A new opium poppy planting season is about to get underway, and it is unclear to what degree local Taliban commanders intend to or even can enforce a ban on poppy production. Satellite data, though, has shown a crackdown on ephedra (used to manufacture meth) markets and meth labs already underway.

But any crackdown would come in the face of a massive nationwide economic crisis that could drive people away from supporting the Taliban. "The things that people used to survive on in the face of a drugs ban -- in terms of joining the [army], working in the cities in construction -- those options are gone," David Mansfield, a researcher on the report and expert on Afghanistan's drugs trade, said. "Do local Taliban... press on this and risk increasing a humanitarian crisis, alienating a population, or do they let it ride because of the fear of resistance?"

India's Punjab Police in Massive Drug Crackdown. Police in the Punjab have arrested 6,997 drug smugglers since July and registered 5,436 FIRs (first information reports -- the initial report of a possible criminal offense), of which 580 are for possessing large quantities of drugs. The crackdown is part of Punjab Chief Minister Bhagwant Mann's "war against the drug menace plaguing the state."

Between roadblocks and other searches, police have seized nearly 260 kilograms of heroin, as well as an additional 147.5 kilograms seized at the ports of Gujarat and Maharashtra. They also seized 300 kilograms of raw heroin, 197 kilograms of marijuana and nearly three million pills, capsules, and vials of pharmaceutical opioids. State police chief Gaurav Yadav has called on police to investigate all leads in every case no matter how small and to aggressively seize the assets of drug suspects.

The Public Stands Behind Oregon's Drug Decrim and Addiction Funding Law [FEATURE]

It has been nearly two years since Oregon voters approved Measure 110, a sweeping drug decriminalization and public health services funding initiative, and it still has strong public support. That could be because it is producing the kinds of results Oregonians want to see.

Measure 110 is bringing addiction recovery services not just to Portland, but to places like this, too. (Pixabay)
In voting for Measure 110, Oregonians sought to move the emphasis of drug policy from law enforcement to a public health approach, and that is what they are getting. Drug possession arrests, which had already dropped by half in 2020 because of the pandemic, significantly decreased after Measure 110 took effect on February 1, 2021, according to data from the Oregon Criminal Justice Commission, falling another 65 percent from the 2020 levels in the first six months of 2022.

And Measure 110, which tapped into marijuana tax revenues to fund a broad spectrum of addiction services -- from low-barrier drug treatment and peer support and recovery to overdose prevention and housing and employment support (but not drug treatment covered by Medicaid or insurance) -- is setting the stage for a massive expansion of those services by pumping hundreds of millions of dollars into the field.

Late last month, the Oversight & Accountability Council, the body tasked with overseeing the distribution of the funding, approved the remainder of the initial $302 million made available under Measure 110, and on Tuesday, the Oregon Health Authority announced that it had finished awarding that money to more than 237 service providers in the form of grants.

With the state suffering more than a thousand overdose deaths in the past year, there is criticism that authorities have moved too slowly. Oregon Health Authority behavioral health director Steve Allen acknowledged as much, saying the agency had learned it needed to give more support and technical assistance to the volunteer committee tasked with grantmaking decisions.

"We understand the frustration this caused in our communities," Allen said. "When you do something for the first time you're going to make mistakes."

But now the money is out there, and it will help fund 237 service providers in 36 Behavioral Health Regional Networks (BHRNs), aimed at ensuring that help is available in even the most remote rural corners of the state. That includes 111 groups providing screening and behavioral health needs assessments, 112 groups doing individual intervention planning, 113 groups doing low-barrier drug treatment, 172 groups doing peer support and mentoring, 88 groups providing housing services, 84 groups providing harm reduction services, and 51 groups doing job support.

The money is going to allow these groups to expand their services by hiring and training new staff, securing additional facilities, buying vehicles for mobile support services, and even purchasing housing.

"Measure 110 changes the system so that there is no wrong door to access services," said Tera Hurst, Executive Director of the Health Justice Recovery Alliance. "Thanks to Measure 110, you don't have to get arrested before you are maybe offered help. Measure 110 is changing the addiction recovery service landscape so that regardless of the path, supportive services will be more readily available closer to home."

"It's been a long road, but we're ecstatic to see all of the Measure 110 funding for the 2021-2023 biennium finally being approved and going out to service providers to expand critical addiction services in Oregon communities. This is the first step in ensuring Oregon delivers on its promise of replacing a criminal legal approach to drugs with a public health approach and offering the rest of the country a glimpse of what is ultimately possible when we offer people support instead of punishment," said Kassandra Frederique, Executive Director of the Drug Policy Alliance, which was a key supporter of Measure 110 and which is partnering with the Health Justice Recovery Alliance on implementation.

Even with the slow rollout, Oregonians are liking what they are seeing. A poll released this month by Data for Progress found majority support for Measure 110 in every region of the state -- even the conservative eastern an southwestern areas -- and a strong bipartisan majority who agree that problematic drug use should be treated as a public health issue, not one for the criminal justice system.

When asked whether Measure 110 should remain in place, 58 percent said yes. That included 82 percent of Democrats and 56 percent of independents, but only 31 percent of Republicans.

The polling suggests that tying drug decriminalization to the expansion of recovery services is key to getting it over the finish line. When asked about individual components of the program, 91 percent supported peer mentoring, 90 percent supported employment help, 86 percent supported funding addiction recovery, 84 percent supported housing assistance, but only 62 percent supported harm reduction measures and only 61 percent supported decriminalization itself.

It is almost as if Oregonians made a bargain with themselves: Give us strong measures to aid recovery and we will grudgingly accept such vanguard measures as harm reduction and decriminalizing drugs. These pollsresults should send a clear message to people contemplating future decrim initiatives about how to broaden support for them.

White House Issues Annual Drug Countries List, CA Governor Signs Forced Treatment Bill, More... (9/16/22)

A federal appeals court shoots down yet another effort to move marijuana off Schedule I, new research finds prentant Black women are more likely to be tested for marijuana, and more.

The annual list of naughty and nice drug producing and trafficking nations is released. (Creative Commons)
Marijuana Policy

Federal Appeals Court Rejects Challenge to Marijuana's Schedule I Classification. A group of defendants who had been convicted on federal marijuana charges had their bid to have the substance removed from Schedule I of the Controlled Substances Act shot down by the US 2nd Circuit Court of Appeals at the end of August. They had argued that the scheduling of marijuana had no rational basis because it does not meet the criteria for a Schedule I drug and the court should "strike the offending statutory classification as unconstitutional"and leave reclassification to Congress. But the appeals disagreed, ruling that there is a "conceivable basis" for the classification.

Blacks Disproportionately Drug Tested for Marijuana During Labor, Analysis Finds. A study published in the journal Obstetrics & Gynecology found that patients ordered to undergo marijuana-specific drug screening during the labor and delivery process are disproportionately Black and are also likely to be on subsidized health insurance plans. The research assessed drug screening practices at one St. Louis hospital and found doctors ordered marijuana-related drug tests in 753 patients out of just under 4,000 deliveries. Seventy percent of those subjected to testing were Black. Marijuana tests were also more likely for those patients who were younger or on public insurance. Most subjected to testing came up negative, but of those who did positive, 90 percent were referred to child welfare authorities, even though there were no statistically significant differences between them and other mothers in terms of preterm birth rates or other indicators of natal health.

"Isolated marijuana use was a poor predictor of other substance exposure in our cohort, but a urine drug screening test result positive for marijuana exposed a historically underserved population that is already subject to pervasive systemic racism in the medical field to further stigmatization without changing outcomes. The utility of using isolated marijuana use as a criterion for urine drug screening appears limited in benefit but rife with inequitable potential to harm and should be carefully reconsidered in labor and delivery units for necessity," the authors concluded.

Drug Treatment

California Governor Signs Forced Drug Treatment Bill. To the dismay of drug reform and mental health advocates, Gov. Gavin Newsom (D) has signed into law Senate Bill 1338, the Community Assistance, Recovery, and Empowerment (CARE) Court Act, which create a civil court system in all counties that would force people who are experiencing substance use disorder and other mental health issues to undergo an involuntary court process and treatment plan. Although the CARE Act sailed through the legislature, the proposal was opposed by a wide range of advocates who feel it is a huge step in the wrong direction. It will take away people’s basic right to make their own decisions and force them into court-mandated treatment programs, which have been shown to often exacerbate harms while worsening existing health disparities and the overrepresentation of people of color in the criminal legal system. The CARE Act will fail to meet the urgent needs of our communities or offer a path to effective evidence-based treatment, recovery and other health services for Californians who are unhoused, struggling with substance use disorder, or experiencing other mental health issues, they argued.

Foreign Policy

White House Issues Annual List of Major Drug Trafficking and Producing Countries; Contains the Usual Suspects. The White House has released its annual Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2023 and has identified the following countries as major transit or drug producing countries: Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. The annual exercise also designated four countries—Afghanistan, Bolivia, Burma, and Venezuela—as "having failed demonstrably to make substantial efforts during the previous 12 months to both adhere to their obligations under international counternarcotics agreements." Notably, all four of these countries are political foes of the US, unlike major drug producing and trafficking countries such as Colombia and Mexico, which are US allies.

Grassley, Whitehouse Lead Senate Caucus in Issuing Report onStrategies to Combat Money Laundering By Drug Cartels. Sen. Chuck Grassley (R-IA), Co-Chairman of the Senate Caucus on International Narcotics Control, and Sen. Sheldon Whitehouse (D-RR), Chairman of the caucus, havereleased a bipartisan report entitled: Strengthening U.S. Efforts to Attack the Financial Networks of Cartels. The report offers recommendations for Congress and the Biden administration to reduce the supply of illicit drugs by closing loopholes in the U.S. anti-money laundering (AML) framework that enable narcotics traffickers to obscure and access their illicit proceeds.Senate Caucus on International Narcotics Control members Richard Blumenthal (D-CT), Maggie Hassan (D-NH), Ben Ray Luján (D-NM), and James Risch (R-ID) have also endorsed the report.

Its recommendations include: Help partner nations strengthen their institutions to better defend against corruption and implement justice sector reforms; better track whole-of-government efforts to combat narcotics-related illicit finance;  deploy experts in narcotics-related illicit finance to assist partner nations; authorize innovative and effective programs to combat international money laundering, such as Trade Transparency Units; use regulatory authorities to close loopholes in the U.S. AML framework, including by: ensuring greater transparency in the cross-border transportation of stored value or prepaid access devices, and fully implementing the beneficial ownership requirements of the Corporate Transparency Act; aggressively investigate, prosecute, and pursue the maximum allowable criminal penalties for culpable banks, employees, and executives who fail to timely report suspicious transactions; and address vulnerabilities in the AML framework by swiftly enacting the Combating Money Laundering, Terrorist Finance, and Counterfeiting Act. The report does not explain how these proposals to deepen the drug war would lead to any different result than decades of previous prohibitionist measures. 

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