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DEA to Increase Research Production Quotas for Marijuana & Psilocybin, SD MedMJ Home Grows Endangered, More... (9/1/21)

Panama legalizes medical marijuana, the DEA boosts quotas for production of marijuana and psilocbyin for research purposes, and more.

South Dakota lawmakers want to ban medical marijuana home grows even though the voters approved them. (Creative Commons)
Marijuana Policy

The DEA Seeks to Increase Federal Production Limits for Psilocybin and Marijuana Research. The DEA has published a new document in the Federal Register proposing a significant increase in federal quotas for the production of psilocybin, psilocin (the metabolized version of psilocybin), and marijuana for research purposes. Both psilocybin and psilocin had a ceiling of 50 grams, which has been increased to 1500 grams and 1000 grams, respectively. The DEA also wants to raise the production quota for marijuana from 1.5 million grams this year to 2 million grams next year, as well as doubling upscale marijuana extract production to 500,000 grams. "DEA firmly believes in supporting regulated research of schedule I controlled substances," wrote the agency. "Therefore, the [Aggregate Production Quota] increases reflect the need to fulfill research and development requirements in the production of new drug products, and the study of marijuana effects in particular, as necessary steps toward potential Food and Drug Administration (FDA) approval of new drug products."

Medical Marijuana

South Dakota Legislative Panel Recommends Overruling Voters and Banning Medical Marijuana Home Grows.The legislature's Medical Marijuana Subcommittee voted 6-4 Monday to recommend banning home grown medical marijuana cultivation, even though it is expressly allowed under the language of IM 26, the medical marijuana initiative overwhelmingly approved by voters last November. The issue now goes to the legislature's full Marijuana Study Committee, which consists of eight senators and 16 representatives. Lawmakers on the adult use committee also discussed banning home grown marijuana on Wednesday as the state awaits a Supreme Court ruling on whether the voter-approved marijuana legalization initiative is unconstitutional.

Psychedelics

Denver Activists Push to Expand Psilocybin Decriminalization to Allow Gifting and Communal Use. The activists who successful managed a campaign to make Denver the first city in the US to decriminalize the possession of psilocybin-containing magic mushrooms are now aimed to legalize the noncommercial gifting and communal use of the substance. Kevin Matthews, founder of Vote Nature and head of the city's Psilocybin Mushroom Review Panel, said the proposal would ensure that people "have the liberty to gather in private group settings to celebrate and commune with psilocybin mushrooms without worrying about law enforcement intervention." The proposal is included in the Denver Psilocybin Mushroom Policy Review Panel's 2021 Comprehensive Report, which has already been approved by the district attorney and is pending further sign-off by other officials.

International

Panama Legalizes Medical Marijuana. After five years of consideration, the national assembly on Monday unanimously approved Bill 153, which legalizes medical marijuana in the Central American nation. The bill allows for home grown medical marijuana but bars its sale. It also requires the government to import marijuana in pill and liquid drop form. That medicine will be distributed through pharmacies that have applied for a permit and pass a site inspection.

DEA to Review Foreign Operations, Vancouver Activists Plan Another "Safe Supply" Drug Giveaway, More... (8/26/21)

California wants to try a form of drug treatment where users are paid not to use, Vancouver activists plan to mark International Overdose Awareness Day with a "safe supply" drug giveaway, and more.

The DEA will review its international operations, although there is no sign it is looking at a paradigm shift.
Drug Policy

DEA Announces Review of International Operations. The Drug Enforcement Administration on Thursday announced a comprehensive review of DEA’s international operations and foreign footprint, including administrative and financial support for those operations from DEA headquarters. Administrator Anne Milgram has recommended a top to bottom review of foreign operations that will be overseen by an independent team.  As part of the review, the team will talk to DEA personnel posted in DEA’s foreign offices and headquarters. DEA listed "international cartels, narco-terrorist violence, and precursor chemicals flowing from other countries" as global threats it faces. "This review will provide recommendations for my consideration upon completion.  Specifically, I expect the team to provide an assessment of DEA’s current international operational capacity, and to identify areas for improvement to ensure DEA’s international operations are impactful and effective, with the appropriate structures, procedures, and controls to ensure integrity and accountability," said Administrator Milgram. There is in indication the agency is undergoing a paradigm shift, though.

Drug Treatment

California Seeks Federal Permission to Do "Contingency Management" Drug Treatment. The state is seeking permission from the federal government to do "contingency management" drug treatment, in which users are paid money to stay sober, receiving increasing payments for each drug test passed. Such a program has been underway with military veterans for years, with research showing it is an effective way to get people off stimulants such as cocaine and methamphetamine, for which there are no pharmaceutical treatments available. Now, Gov. Gavin Newsom (D) is asking the federal government to allow the state to use federal tax dollars to pay for it through Medicaid. Meanwhile, state Sen. Scott Weiner (D-San Francisco) has filed a bill, Senate Bill 110, to do something similar. That bill has already passed the Senate with no  opposition and has a Republican co-sponsor in the Assembly, where it has already been approved by the Health Committee and is now before the Appropriations Committee. Wiener’s bill would require California’s Medicaid program to pay for the treatment while Newsom’s plan would let counties choose whether to participate.

International

Vancouver Activists to Mark August 31 International Overdose Awareness Day by Handing Out Free "Safe Supply" of Drugs. A Vancouver-based safe supply advocacy group, the Drug Users Liberation Front (DULF), handed out free cocaine, heroin, and methamphetamine during a July event to dramatize the need for a "safe supply" of drugs" as the city faces a drug overdose crisis, and now, they are getting ready to do it again. DULF says the July event showed the "life-saving potential of a community-led response to the crisis of prohibition in Canada" as an alternative to Vancouver's proposed model of decriminalization. DULF will be joined at the Overdose Awareness Day Event by the Vancouver Area Network of Drug Users (VANDU), which has raised $13,000 to buy and test drugs to be distributed for free among registered VANDU members. "We recognize this a day to honor those we lost to the War on Drugs," said VANDU. "A senseless war fueled by colonial dispossession, racist violence, capitalist exploitation and police criminalization that has taken far too many lives.

Federal Prisons Failing on Providing Medication-Assisted Opioid Treatment, Mexico Cartel Threat, More... (8/10/21)

Korea is arresting more people on drug charges, the Jalisco New Generation Cartel is threatening to kill a TV anchor over "unfair" coverage, and more.

Buprenorphine. Only 2% of eligible federal prisoners are receiving bupe or methadone to treat opioid addiction. (Pixabay)
Drug Treatment

Federal Prisons Failing to Provide Access to Medications for Opioid Addiction. The 2018 First Step Act required the federal prison system to expand access to medications to treat opiate addiction, but the Marshall Project reports that "bureaucratic inertia and outdated thinking about addiction programs means the federal program is still serving only a tiny fraction of those eligible." The Bureau of Prisons estimates that more than 15,000 federal prisoners were eligible for medication-assisted treatment, but only 268, or less than 2%, were receiving them. We are talking about methadone and buprenorphine here, but the Bureau of Prisons "lacks key planning elements to ensure this significant expansion is completed in a timely and effective manner."

International

Mexican Drug Cartel Threatens to Kill TV News Anchor Over "Unfair" Coverage. Masked men claiming to represent the Jalisco New Generation Cartel have released a video where they threaten to kill Milenio TV anchor Azucena Uresti over what they called "unfair" coverage. The cartel claimed that Milenio, a national cable news channel, was favoring "self-defense" vigilante groups that have been battling the cartel in Michoacan. JNGC claims the vigilantes are actually rival drug traffickers, and threatened to kill Uresti and make her eat her words. Threats against journalists are not mere words in Mexico. Dozens have been killed in recent years, and the Committee to Protect Journalists says Mexico is the deadliest country in the Western Hemisphere for journalists.

South Korea Arresting More People for Drugs. The Office for Government Policy Coordination has released a report showing drug arrests between January and July jumped 8.6% over the same period last year. The office also reported that the number of cases of drugs seized entering the country in international shipments shot up nearly three-fold to just over 600. The total number of drug arrests during the period was 7,565. Drug use is not tolerated and is relatively rare in South Korea, as is reflected in seizure numbers: Total seizures of marijuana were at just over 100 pounds and total seizures of other drugs, including heroin and methamphetamine, totaled slightly more than 300 pounds. 

Surgeon General Say Don't Jail People for Pot, ME Law Ends Civil Asset Forfeiture, More... (7/19/21)

The AMA Advocacy Update chronicles one doctor's problems trying to prescribe for chronic pain and addicted patients, Maine becomes the fourth state to end civil asset forfeiture, and more.

US Surgeon General Vivek Murthy says it is time to stop locking people up for marijuana. (hhs.gov)
Marijuana Policy

US Surgeon General Says Time to Stop Locking People Up for Marijuana. Surgeon General Vivek Murthy said Sunday that it is time to stop locking up people for using marijuana. "When it comes to decriminalization, I don't think that there is value to individuals or to society to lock people up for marijuana use," Surgeon General Vivek Murthy said in a CNN appearance. "I don't think that serves anybody well." His comments came in response to a question about a new draft marijuana legalization bill, and are in line with President Biden, who supports marijuana decriminalization, but not commercial legalization. "When it comes to marijuana, I think we have to let science guide us," Murthy said in the CNN interview. "And we know that the science tells us that there are some benefits to marijuana from a medical perspective but there are also some harms that we have to consider -- and we have to put those together as we think about the right policy."

Heroin and Prescription Opioids

AMA on a Doctor's Trials Trying to Treat Pain Patients in the Context of Arbitrary Policies. The American Medical Association (AMA) Advocacy Update has published a piece on the travails of southern Illinois family medicine and addiction medicine specialist Dr. Aaron Newcomb, whose patients found themselves unable to refill prescriptions after he was "blacklisted" by a pharmacy chain citing 2016 Centers for Disease Control and Prevention (CDC) guidelines aimed at reducing opioid prescribing in the face of a rising opioid overdose death toll.

"When the CDC guidelines came down in 2016 basically saying we needed to take as many people as we could off opioids, I knew that my patients were in for a world of trouble," said Dr. Newcomb. "I was particularly concerned about my patients who were stable on low-dose opioid therapy for years. And my concerns have translated into an even worse reality for both me and my patients. Getting blacklisted by a national chain who had no clue about my practice was professionally wrong, but it also hurt my patients and my community."

Newcomb had to explain the nuances of pain prescribing to the pharmacy chain: "When they got back to us, they basically questioned a specific formulation of buprenorphine I was prescribing for stable patients with cost or tolerability problems that isn't a preferred type unless there is a clinical reason," Dr. Newcomb explained. "They were also concerned about opioid therapy in general as well as the dose of buprenorphine used to effectively treat patients, and their algorithm out of context painted a misrepresentative picture of my controlled-substance prescribing habits."

Newcomb was eventually able to get back in the chain's good graces and his patients are now receiving their medication, but his case illustrates the challenges faced by pain physicians and their patients in a time where the opioid-prescribing pendulum has swung so dramatically back to the conservative side.

Asset Forfeiture

Maine Becomes 4th State to End Civil Asset Forfeiture. A new law barring asset forfeiture without a criminal conviction went into effect without the signature of Gov. Janet Mills (D), making Maine the fourth state to abolish the practice of civil asset forfeiture. The legislature earlier this year passed LD 1521, which fully repeals the state's civil forfeiture laws, while also strengthening the criminal forfeiture process. While touted as a tool against drug dealers, one report found that half of all forfeitures in the state were under $1,670 dollars. The other three states that have ended civil asset forfeiture are North Carolina (1985), New Mexico (2915) and Nebraska (2016).

International

Mexico President Makes Rare Call for Dismissal of a State Attorney General. President Andres Manuel Lopez Obrador called last Friday for the resignation of Guanajuato state Attorney General Carlos Zamarripa after the state registered 1,562 murders in the first five months of this year. That figure is higher than any other state, even though Guanajuato is only the country's sixth most populous states. He also suggested there was corruption or collusion with some of the drug cartels battling to control the state. "If he [Zamarripa] were the manager of a company, with this kind of performance they would have fired him," López Obrador said Friday. "When officials do not act with honesty, with rectitude, when there is no division between criminals and the authorities, no progress can be made." López Obrador said.

Zammaripe, who has been attorney general for 12 years, has been accused by businessmen and local experts of being close to the Santa Rosa de Lima cartel, which had such control over an oil refinery that it could brazenly steal fuel in and around the plant, leading to a federal troop deployment. "Carlos Zamarripa for many years protected El Marro," the leader of the Santa Rosa de Lima gang who was arrested in 2020," said security expert David Saucedo. But now, said Saucedo, Zamarripa seems to have changed sides, expecting the Santa Rosa gang to fall apart as the Jalisco New Generation cartel moved in. Instead, the Sinaloa cartel sent reinforcements to assist the Santa Rosa gang, and the death toll has skyrocketed. "Definitely, Zamarripa is part of the problem," Saucedo said.

British Columbia Set to Begin "Safe Supply" of Drugs for Street Users, Biden Nominates New Drug Czar, More... (7/13/21)

Marijuana protections are advancing in congressional appropriations bills, former Drug Police Alliance executive director Ethan Nadelman starts a provocative new podcast on drugs, and more.

Dr. Rahul Gupta, nominated by President Biden to serve as drug czar. (March of Dimes)
Marijuana Policy

Congressional Committees Advance Marijuana Protections for Medical Programs and Universities in New Spending Bills. The House Appropriations Committee will take up a spending bill Thursday that includes riders that provide protections for states with medical marijuana programs and universities that conduct marijuana research after they were approved in subcommittee on Monday. The rider protecting has been approved in each Congress since 2014. The House in 2019 and 2020 also approved a rider protecting state recreational marijuana programs, but it is not clear yet whether that will be the case this year. Meanwhile, the Commerce, Justice, Science and Related Agencies appropriations bill now includes a longstanding provision barring the DEA from interfering in hemp programs and a new provision that bars certain law enforcement grants to states and localities if they allow no-knock searches in drug cases.

Drug Policy

Biden Nominates Former West Virginia Health Official Rahul Gupta as Drug Czar. Ending months of speculation, President Biden has nominated Dr. Rahul Gupta to lead the White House Office on National Drug Control Policy (ONDCP—the drug czar's office). Currently the top health official at March of Dimes, Gupta is a primary care physician who previously served as West Virginia health commissioner. Drug reformers applauded his role in implementing and overseeing that state's medical marijuana program as head of the state Bureau for Public Health, but some harm reductionists have criticized him for overseeing the decertification of a needle exchange program that aimed to reduce the spread of blood-borne diseases, such as Hepatitis C and AIDS. Others, though, do not hold him responsible for the circumstances that led to the shutdown. He has not taken a public position on marijuana legalization.

Ethan Nadelman's New Podcast on Drugs Set to Begin. Ethan Nadelman, the founder and former longtime executive director of the Drug Policy Alliance before stepping down in 2017, is rolling out a new podcast series on drug policy, Psychoactive. The aim of the podcast is to open a deep national conversation about drugs, drug policy, and the human experience. The podcast, on IHeartRadio, launches on Thursday.

International

British Columbia Will Provide "Safe Supply" of Illicit Drugs to Street Users. A provincial policy directive in British Columbia will require all local health authorities to develop programs to provide pharmaceutical quality opioids and stimulants to street drug users in a bid to reduce overdose deaths. But which drugs are offered and who gets them will be at the discretion of local programs and doctors, which could be a barrier to expanding access. And they can only be provided in clinical or programmatic settings—no takeaway drugs. There are also signs some health care providers are reluctant to participate. 'Some key partners, including some prescribers, have expressed reservations about the approach outlined in this document, and others have noted that an approach that begins with programmatic settings will not provide broad access for people who use substances," the directive says. "We recognize that we have been unable to address all concerns, but we also recognize that we must start somewhere." The drugs will be covered by the province's prescription drug plan and will not be forced to enter into drug treatment. Safe supply is the idea that health care providers can lower or eliminate a person's dependence on illicit black market drugs and thus reduce overdose deaths and other harms.

Chicago to Take Drug Diversion Program Citywide, ACLU Sues AZ County over Coercing Drug Defendants, More... (7/9/21)

A group of US senators is seeking some help for state-legal marijuana businesses, Chicago moves to expand a program that diverts drug arrestees into treatment citywide, and more.

Chicago police are expanding a drug diversion program so they can devote resources to fighting violent crime. (Creative Commons)
Marijuana Policy

Senators Ask That Marijuana Businesses Get Access to Federal SBA Loans. A group of 10 senators led by Sen. Jacky Rosen (D-NV) have sent a letter to Appropriations Committee leadership asking that language allowing marijuana businesses to access loans and other aid through the federal Small Business Administration (SBA) be included in an upcoming spending bill report. Allowing such loans to marijuana businesses "would fill gaps left by the private sector and help mitigate the effects of the COVID-19 pandemic." They are asking that Senate Appropriations Committee and the Appropriations Financial Services and General Government (FSGG) issue a report that specifically includes such language and stop the Small Business Administration (SBA) to stop "denying loan applications for the 7(a) Loan Guarantee Program, Disaster Assistance Program, Microloan Program, and 504/Certified Development Company Loan Program to legally operating cannabis small businesses in states that have legalized cannabis sale and use."

Law Enforcement

Chicago to Expand Drug Diversion Program. The Chicago Police Department and Public Health Department have announced they will expand the city's Narcotics Arrest Diversion Program to include the entire city by the end of the year. Under the program, people arrested on drug possession charges who meet certain qualifying criteria can be diverted from the criminal justice system toward rehabilitation programs instead. The program began in one district in 2018 and has expanded to 11 of the city's 22 districts already. More than 700 people have been diverted from the arrest track so far, and city officials say the move helps police focus on issues such as violent crime instead.

The program appears to be similar to Law Enforcement Diversion Programs (LEAD), which began in Seattle in 2014 and has now expanded to at least 42 cities nationwide. LEAD uses a harm reduction and community-based model; the Chicago program includes social service programs among its alternatives, not just drug treatment, according to reports. The Chicago program offers walk-in access to drug treatment; one doesn't have to face arrest or its prospect first. The LEAD Bureau web site says that they have added purely voluntary access to its programs as well, in response to recent movement in the issue.

While drug reformers generally see diverting drug users out of the criminal justice system as an important step, the devil is in the details -- not every program presented as diversion does a convincing job of it, and how for example treatment programs respond to relapses or continued drug use by some clients determines how many people ultimately will be helped.

Prosecution

ACLU Sues Arizona County over Threats of Harsher Sentences for Drug Defendants to Force Guilty Pleas. The American Civil Liberties Union filed a federal class-action lawsuit Wednesday charging that the Maricopa County (Phoenix) Attorney's Office routinely threatens people arrested for drug possession with "substantially harsher" punishments in order to coerce them into pleading guilty before prosecutors even have to turn over evidence. The threat is typically issued in writing, the lawsuit alleges, and explicitly warns that defendants who reject initial plea deals will face substantially worse plea offers in the future. The ACLU argues that the policy is unconstitutional because it punishes people for exercising their rights to a preliminary hearing and a jury trial and that it illustrates the '"vast racial and economic discrepancies in plea bargaining techniques used across the county."

RI Becomes First State to Approve Safe Injection Sites, Federal Pot Prosecutions Plummet, More... (7/8/21)

The Congressional Black Caucus wants some justice for marijuana deportees, South Dakota's state governmnt is at war with itself over medical marijuana cards from a reservation dispensary, and more.

You can now become an FBI agent if it has been at least a year since you last toked up. (Creative Commons)
Marijuana Policy

Congressional Black Caucus Members Ask Biden to Reverse Marijuana Deportation Cases. In a Wednesday letter to President Biden authored by Rep. Mondaire Jones (D-NY) and signed by 30 members of the Congressional Black Caucus, the federal representatives urged him to reopen some deportation cases, including those involving marijuana. "We are grateful for President Biden's commitment to redressing racial injustice, particularly after the last four years of the Trump Administration's racist and xenophobic immigration agenda," the lettert says. "One critical step toward honoring that commitment is ensuring that people who were unjustly deported can be fairly and efficiently considered for return to their families and communities in the United States." The letter cited the cases of two military veterans who served honorably but were deported over years-old marijuana convictions. But it's not just veterans: "Untold numbers of others have been similarly wronged, from US veterans who served their country to longstanding neighbors who found themselves deported because of contact with the US criminal legal system -- a system acknowledged to unfairly and disproportionately target and discriminate against Black and Brown people," they wrote.

FBI Loosens Marijuana Employment Policy for Agents. In a sign of changing attitudes toward marijuana, the FBI has quietly loosened its employment restrictions for new agents who have used marijuana in the past. Under previous agency rules, marijuana use within the past three years was disqualifying; under the new rules, only marijuana use within the past one year is disqualifying. Neither will past underage use be automatically disqualifying, but "adjudicative personnel will evaluate the candidate by using the 'whole-person concept.'" For other drugs, the FBI's rule that use within the past 10 years is disqualifying remains unchanged.

Federal Marijuana Trafficking Convictions Have Fallen Dramatically Following Enactment of Statewide Legalization Laws. A new fact-sheet from the US Sentencing Commission shows a dramatic drop in federal marijuana trafficking convictions since 2012, when Colorado and Washington became the first states to legalize the herb. Just over 1,000 people were sentenced on federal marijuana trafficking, down 67% since 2016 and down more than 80% since 2012. "These trends illustrate the fact that state-legal domestic cannabis production has supplanted the foreign market and that marijuana law enforcement is becoming less of a federal priority in an age where the majority of Americans believe that cannabis ought to be legal," NORML's Deputy Director Paul Armentano said."

Medical Marijuana

South Dakota Attorney General at Odds with Highway Patrol over Medical Marijuana Cards from Reservation Dispensary. Although the state Department of Public Safety, which oversees the state Highway Patrol, said last week that it would still arrest non-tribe members with tribal medical marijuana cards, the state's top law enforcement official disagrees: "The tribe's right to self-governance also gives it the authority the set the parameters of its medical marijuana program," said Tim Bormann, chief of staff in the South Dakota Attorney General's Office. "It appears, at this time, that South Dakota law enforcement would have to accept a tribal-issued card." The position of the office is that arresting non-tribal members would violate the state's nascent medical marijuana law, which says that until the state Health Department makes applications available, "a valid written certification issued within the previous year shall be deemed a registry identification card for a qualifying patient."

Harm Reduction

Rhode Island Becomes First State to Approve Safe Injection Sites. Gov. Daniel McKee (D) has signed into law a bill, 2021-H 5245A/2021-S 0016B, to authorize a two-year pilot program to create "harm reduction centers" where people could "safely consume pre-obtained substances," otherwise known as a safe injection site. The bill would require local approval before such a site could open, but it could also face a federal challenge. An earlier effort to open a safe injection site in Philadelphia was blocked by the US 3rd Circuit Court of Appeals, which ruled it would violate the Controlled Substance Act. But that case was brought by a conservative US attorney during the Trump administration. To sue to block this bill would require a Biden administration US attorney to bring a case, and it's not clear that would happen. Also, Rhode Island sits in the 1st US Circuit Court district, not the 3rd, so that Philadelphia decision is not binding there.

International

Scotland to Provide Heroin Addiction Drug in Prisons Countrywide after Successful Pilot Program. A once-monthly injectable form of buprenorphine marketed a Buvidal will be available for heroin-addicted prisoners across the country after a pilot program using the drug proved overwhelmingly successful. The shot will replace daily doses of methadone. The Scottish Health and Social Care Analysis Hub reported positive results from the pilot program, which began as a response to the pandemic, and now the government is allocating $5.5 million to expand it.

RI Legislature Passes Safe Injection Site Bill, CA Coerced Treatment Bill Advances More... (7/2/21)

The Mississippi Supreme Court continues to smack down the will of the people on medical marijuana, a coerced drug treatment bill advances in California to the dismay of reformers, and more.

The InSite safe injection site in Vancouver has been operating successful for years. Now, Rhode Island wants to emulate it.
Medical Marijuana

Maine Legislature Approves Bill to Give Caregivers, Patients Input in Medical Marijuana Regulations. A bill that would require the state's Office of Marijuana Policy, which regulates both medical and recreational marijuana, to work with patients, caregivers, and medical marijuana enterprises in crafting regulations has passed both houses of the legislature. LD 1242 was passed as an emergency measure and has been enacted as law without the signature of Gov. Janet Mills (D), effective July 1. The bill was a response to proposed rules changes announced earlier this year by the Office of Marijuana Policy, which caregivers and the industry found onerous, including 24/7 surveillance and requiring growers to use the state's inventory tracking system, as is done with adult use marijuana. "This gives the people that are in the industry the real power in making and designing the laws and the rules that we will work around," said Susan Meehan, a medical marijuana caregiver, and chairperson of the Maine Cannabis Coalition.

Mississippi Supreme Court Refuses to Reconsider Ruling Throwing Out Medical Marijuana Initiative Victory. In a two-page decision released Thursday, the state Supreme Court has rejected a call for it to reconsider its May decision throwing out a voter-approved initiative to legalize medical marijuana in the state. In that decision, which essentially invalidated the state's initiative process, the court held that because the state constitution called for signatures to be gathered in all five of the state's congressional districts, the initiative was unconstitutional because the state has had only four congressional districts since redistricting in 2000. In its decision this week, the court said that the parties asking for a reconsideration should have done so last November and that "the present motion for leave to intervene is not well take and should be denied." There is pressure on Gov. Tate Reeves (R) to call a special session to enact the will of the voters, but he has yet to do so.

Drug Treatment

California Coerced Drug Treatment Bill Advances. A bill that would let Yolo County create a locked drug treatment facility for people convicted of "drug-motivated felonies" has already passed the Assembly and this week was approved nearly unanimously by the Senate Public Safety Committee. Assembly Bill 1542 would not be used for people simply convicted of drug possession or other misdemeanors, and those eligible would be "assessed by treatment providers who would decide the level and length of treatment." Those found suitable "would be given a choice of serving time in jail or prison or entering the soft secured facility where they would receive treatment to help them get well." While the bill has strong political support in Sacramento, there is strong opposition in the treatment and reform community. Even Human Rights Watch has weighed in, writing:"It [the bill] runs directly counter to the principle of free and informed consent to mental health treatment, which is a cornerstone of the right to health. Conflating health treatment and jailing, as envisioned by AB 1542, risks substantial human rights abuse, is ineffective as a treatment, and takes resources and policy focus away from initiatives that are much more likely to help people." The bill is now headed to the Senate Health Committee.

Harm Reduction

Rhode Island Legislature Approves Safe Injection Site Pilot Program. With a final vote Thursday, the state legislature has approved a bill, 2021-H 5245A/2021-S 0016B, to authorize a two-year pilot program to create "harm reduction centers" where people could "safely consume pre-obtained substances," otherwise known as a safe injection site. The bill would require local approval before such a site could open, but it could also face a federal challenge. An earlier effort to open a safe injection site in Philadelphia was blocked by the US 3rd Circuit Court of Appeals, which ruled it would violate the Controlled Substance Act. But that case was brought by a conservative US attorney during the Trump administration. To sue to block this bill -- if enacted into law -- would require a Biden administration US attorney to bring a case, and it's not clear that would happen. Also, Rhode Island sits in the 1st US Circuit Court district, not the 3rd, so that Philadelphia decision is not binding there.

Federal Drug Decriminalization Bill Filed, LA Governor Signs Marijuana Decriminalization Bill, More... (6/15/21)

An historic federal drug decriminalization bill is filed, the AMA speaks out for better drug treatment access in jails and prisons, and more.

You'll no longer go to jail for this in Louisiana--at least the first time you get caught. (Creative Commons)
Marijuana Policy

Louisiana Governor Signs Marijuana Decriminalization Bill into Law. Gov. John Bel Edwards on Tuesday signed into law a bill that decriminalizes the possession of up to 14 grams of marijuana, making a first offense punishable by no more than a $100 fine. Subsequent offenses could, though, earn jail time.

Rhode Island Senate Committee Approves Marijuana Legalization Bill. The Senate Judiciary Committee on Tuesday approved a marijuana legalization bill advanced by Senate leadership. Gov. Daniel McKee (D) and House members have each also sponsored competing legalization bills.  

Drug Policy

Historic Federal Drug Decriminalization Bill Filed. Representatives Bonnie Watson Coleman (D-NJ) and Cori Bush (D-MO) unveiled the Drug Policy Reform Act (DPRA), whose most striking provision is drug decriminalization. The bill would do away with federal criminal penalties for drug possession, a huge step away from drug war orthodoxy.In line with shifting from a law enforcement approach to drug use to a public health approach, the bill significantly would move regulation over drugs from the Justice Department to the Department of Health and Human Services. The bill also features a number of other provisions, from expunging past records and allowing currently serving inmates to seek resentencing to removing many of the collateral consequences of a drug possession conviction, such as the loss of voting rights and employment opportunities, the denial of public benefits such as food stamps, and deportation for non-citizens.

Drug Treatment

AMA Calls for Access to Substance Use Disorder Treatment in Prisons and Jails. Physicians, residents, and medical students adopted policy during the first day of the Special Meeting of the American Medical Association (AMA) House of Delegates strengthening the efforts to increase access to evidence-based medical treatment for justice-involved individuals. Specifically, the policy expands and updates the AMA’s longstanding recommendations to require medication treatment for opioid use disorder (OUD) as the standard of care for patients in jail and prison settings, including patients who are pregnant, postpartum, or parenting. The updated policy also reiterates the need for screening upon entry and post-incarceration treatment for mental health and substance use disorders.

WA Governor Signs Misdemeanor Drug Possession Bill, VT Senate Approves Buprenorphine Bill, More... (5/13/21)

Look for a Nebraska medical marijuana initiative next year after the legislature killed a bill this week, a Pennsylvania poll finds broad support for criminal justice reforms, and more.

The Vermont legislature has approved a bill legalizing the possession of limited amounts of buprenorphine. (Pixabay)
Medical Marijuana

Nebraska Medical Marijuana Bill Killed, Setting Stage for New Initiative. A bill to legalize and regulate medical marijuana, LB 474, was killed in the legislature Wednesday night. That sets the stage for another drive for a medical marijuana initiative, which is likely to be less restrictive than the bill that just died. The bill died when supporters were unable to go up with enough votes to stop a filibuster by opponents.

Drug Policy

Washington Governor Signs Bill Making Drug Possession a Misdemeanor. Gov. Jay Inslee (D) has signed into law Senate Bill 5476, which makes the possession of personal use amounts of drugs a misdemeanor, not a felony. The bill came after the state Supreme Court threw out the state's felony drug possession law earlier this year, and the legislature grappled with whether to do nothing and effectively decriminalize drug possession or act to ensure drug possession remained a criminal offense, even if not a felony.

Harm Reduction

Vermont Senate Approves Bill to Legalize Buprenorphine Possession. The state Senate on Wednesday voted to approve a bill legalizing the possession of limited amounts of the opioid maintenance drug buprenorphine, House Bill 225. The bill has already passed the House and now goes to the desk of Gov. Phil Scott (R). It would allow people to possess up to 224 milligrams of the drug, enough for a two week supply, without a doctor's prescription.

Law Enforcement

House Democrats File Bill to End Pentagon Shipments of Excess Equipment to Police Departments. Eighteen House Democrats led by Rep. Nydia Velasquez (D-NY) filed a bill Thursday to end the program that lets the Pentagon ship surplus equipment to local police departments. At the same time, more than 150 organizations signed on to a letter to lawmakers backing the bill. "The 1033 program has contributed to a military-style police culture and has endangered countless lives, particularly in communities of color," the 155 organizations wrote in the letter. "It is our assessment that the 1033 program is irreparable and should be abolished, especially in light of the fact that past attempts to reform the program were ineffective."

Pennsylvania Voters Support Criminal Justice Reforms, Poll Finds. A a new poll from Data for Progress and The Lab finds broad support for criminal justice reforms in the state. Voters approved of sentence reductions for good behavior in prison (75%), ending probation when supervision is no longer necessary (68%), limiting the use of cash bail (64%), and decriminalizing drug possession (60%).

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School