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Chronicle AM: No MedMJ for Vets This Year, Senate Takes Up Opioid Package, More.... (9/11/18)

A congressional conference committee has killed medical marijuana for veterans, the Senate is set to take up a package of opioid bills, the West African Commission on Drugs releases a model law for drug decriminalization, and more.

West African Commission on Drugs founder Kofi Annan. He may be gone, but his work lives on. (Creative Commons)
Marijuana Policy

California Governor Vetoes Mandatory Minimum Penalties for Pot Shops That Sell to Minors. Gov. Jerry Brown (D) on Monday vetoed a bill that set mandatory minimum penalties for marijuana shops caught selling weed to minors. The bill would have imposed mandatory 15-day license suspensions for a first offense, 25-day suspensions for a second, and revocation for a third offense. But "this bill is not necessary," Brown said. "The bureau already has the authority to revoke, suspend, and assess fines if a licensee sells to a minor."

Medical Marijuana

Congress Removes Military Veteran Medical Marijuana Provision from Funding Bill. A conference committee working on final details for the Veterans Affairs appropriations bill has decided not to include a provision allowing VA doctors to recommend medical marijuana to veterans. The Senate bill included the provision, but the House version did not. Two years ago, both houses passed VA spending bills that included versions of the provision, but that, too, was excised in conference committee.

Heroin and Prescription Opioids

Senate Expected to Vote on Opioid Legislation This Week. Senate leaders announced late last week they had reached an agreement to bring a package of bills aimed at the opioid crisis to a Senate floor vote this week. The Senate will consider a substitute amendment to the opioids package that passed the House in June. Progress had stalled over Democratic concerns that a grant program would benefit only one addiction advocacy group. That has now changed. There remains a divergence between the House and Senate packages regarding requirements for Medicaid to cover treatment at more inpatient facilities and loosening privacy protections for medical records for substance abuse patients.

Sentencing Policy

Ohio Governor Candidates Clash Over Drug Possession Defelonization Initiative. Buckeye State voters will have a chance to vote to defelonize drug possession in November with the Issue 1 constitutional amendment initiative. The amendment would also bar any jail time for a first or second offense within 24 months. Mike DeWine, the Republican candidate for governor, opposes it, saying it "takes vital tools away from judges." Democratic candidate for governor Richard Cordray, however, supports it, saying its passage would "set the way toward a policy of being smart on crime in the future, smart on how we use taxpayers' dollars, smart on how we build people's potential to be productive citizens in our society."

International

Expert Group Publish Blueprint for West Africa Drug Decriminalization. The West Africa Commission on Drugs has published a "model law" for decriminalizing drug possession and reducing related harms in West Africa. The commission is currently chaired by former Nigerian President Olusegun Obasanjo, who said on Tuesday: "West Africa faces three dangers from drugs: organized crime, corruption, and harms to people who use drugs. Our current laws increase those harms rather than help,"

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.)

Chronicle AM: NYC Overdose Action March, US Sentencing Commission Sets Priorities, More... (8/31/18)

The police chief in Oklahoma City wants pot busts downgraded, the US Sentencing Commission sets policy priorities for the next 18 months, marchers demand New York Gov. Andrew Cuomo take action on the state's overdose crisis, and more.

Gov. Andrew Cuomo was in the crosshairs Thursday as marchers demanded action on the state overdose crisis. (Creative Commons)
Marijuana Policy

Oklahoma City Police Chief Wants to Quit Arresting Pot Possessors. Police Chief Bill Citty is calling for adjusting city ordinances so that police officers will not have to jail people caught with small amounts of marijuana. He is backing a move to reduce the penalty for possession from a $1,200 fine and up to six months in jail to just a $400 fine. "Right now, we're taking all possessions of marijuana, and it would be a Class B offense and it would actually, they would be arrested," said Citty. "We've been arresting every single one of them. This would stop that practice. By lowering it to $400, this allows us to basically take it out of that court of record trial and we're able to assign citations for the possession of marijuana. Now, that will be if they don't have a state permit or license that allows them to have it for medical use." The proposed ordinance will be up for discussion on September 11 and again on September 28.

Utah Governor Calls for Federal Rescheduling of Marijuana. As voters in the state prepare to give a thumbs up or thumbs down to a medical marijuana initiative in November, Gov. Gary Herbert (R) is calling on Congress to reschedule it. "I'd like to see the federal government get out of the way," he said on Thursday during his monthly news conference. "We ought to call upon our congressional delegation (to) take it off the Schedule I list. Let's do the studies, let's do the clinical trials. Are they not paying attention in Washington? Evidently not," he said.

Wisconsin Voters Will Have a Chance to Weigh in on Legalizing Marijuana. Voters in 16 counties and two cities will have a chance to vote on non-binding advisory referenda for or against legalizing marijuana for either medicinal or recreational purposes. The referenda are on local ballots scattered across the state, from Milwaukee and Dane to LaCrosse and Langlade counties, as well as the cities of Racine and Waukesha.

Harm Reduction

New York Activists March from City Morgue to Governor's Office to Call for Action on Overdose Crisis. Activists and family members who have lost loved ones to overdose marched through Manhattan on International Overdose Awareness Day to demand Gov. Cuomo (D) take action on the overdose crisis. Amid the seventh straight year of increased overdose deaths in NYC -- 2017 being the deadliest year on record -- the community brought pictures and stories of their loved ones to Governor Cuomo's Manhattan office and demanded he takes action with evidence-based public health interventions to end the crisis.

Sentencing

Sentencing Commission Finalizes 2018-2019 Priorities. In a notice printed in the Federal Register Thursday, the US Sentencing Commission laid out is policy priorities for the remainder of 2018 and into 2019. The priorities include reexamining sentencing guidelines in the wake of the Booker decision, implementing its 2016 recommendations on sentencing enhancements to focus on actual violent offenders, and continuing its efforts to implement reforms in mandatory minimum sentencing, among others.

Study: Charging People With Murder for Drug Overdose Deaths "Bad Criminal Justice Policy" [FEATURE]

As the nation grapples with the deadliest drug crisis in its history -- more than 72,000 people died of drug overdoses last year, according to the Centers for Disease Control and Prevention -- prosecutors across the country have rushed to embrace the use of "drug-induced homicide" charges as a means of combating the problem. That means charging the people who sold the fatal dose -- or sometimes just the people who shared it -- with murder or manslaughter and sending them away to prison for lengthy terms.

Drug-induced homicide charges are a regression to the lock 'em up policies of last century's drug war. (ussc.gov)
Faced with a public clamor to "do something," prosecutors are resorting to this facile, politically popular tactic in order to "send a message" of toughness to dealers in a bid to break the back of the epidemic. But a new study, "America's Favorite Antidote: Drug-Induced Homicide in the Age of the Overdose Crisis" concludes that the practice is worse than ineffective -- it's actually counterproductive.

Such prosecutions are "bad law and bad criminal justice policy" that have only worsened the opioid crisis that has taken tens of thousands of American lives, writes Leo Beletsky, associate professor of law and health sciences of the Northeastern University School of Law.

Beletsky notes that while the strategy dates back to 1986, in an atmosphere of moral panic set off by the death of NBA player Len Bias of an overdose from cocaine given to him by a friend, it has really taken off in recent years as the country lives through what he calls the "worst drug crisis in US history." Now, more than half the states have some form of drug-induced homicide law, while others are considering amending them to include fentanyl.

But the prosecutions amount to little more than "policy theater" rooted in the punitive approach long favored in the country's war on drugs, Beletsky argues. That is an unsuccessful approach that has largely failed to reduce drug use or stem the flow of drugs into the country, he notes.

Beletsky's study looked at data from 263 drug-induced homicide prosecutions between 2000 and 2016. One of the most striking findings was that, while such prosecutions are supposedly aimed at drug dealers, at least half of those charged were family members or partners.

"In many jurisdictions, it is enough to have simply shared a small amount of your drugs with the deceased to be prosecuted for homicide," he notes.

Another striking -- yet completely unsurprising -- finding is that when he applied his data to what he called "existing racially disparate patterns of drug law enforcement," he found evidence of racial differences in the application of drug-induced homicide laws as well. Such selective enforcement resulted in "gaping disparities between whites and people of color."

But the most bitter irony can be found in the impact of such laws on actual overdose deaths. Even though opioid overdose reversal drugs such as naloxone are now in wide use, many friends, fellow users, and family members are reluctant to call for emergency help because they fear the legal repercussions, even if they didn't provide the lethal drugs.

"Police involvement at overdose scenes may result in arrests on drug, parole violation, weapons, and other charges," wrote Beletsky. "It may also lead to loss of child custody, violation of community supervision conditions, and other legal consequences rooted in the pervasive stigmatization of substance use, but not directly linked to criminal law. Research suggests that fear of police contact and legal detriment is actually the single most important reason why people who witnessed overdoses do not seek timely emergency medical help," he concludes. "Aside from crowding out evidence-based interventions and investments, these prosecutions run at complete cross-purposes to efforts that encourage witnesses to summon lifesaving help during overdose events."

Rather than "tougher" policy responses to drug use such as the resort to drug-induced homicide charges, policymakers should be subjecting failed punishment-oriented policies to rigorous scrutiny while instead developing a "population-based" health policy emphasizing treatment and diversion from the criminal justice system, he suggested.

"A system that relies on the instrument of punishment to regulate the behavior of people affected by severe SUD (Substance Use Disorder) fundamentally misconstrues the nature of addiction," Beletsky writes. "The established scientific consensus predicts that individuals affected by addiction will substantially discount -- or totally disregard -- legal risks and threats of punishment as a matter of course. This scientific construct has yet to be translated into US jurisprudence, however."

"Drug-induced homicide prosecutions and other similar punitive approaches to the opioid crisis, such as curbing prescriptions and subjecting patients to drug testing regimes, have crowded out public health strategies that have been proven to work in limiting the deleterious impacts of widespread opioid use," he writes.

"The bottom line," Beletsky writes, "is that, when it comes to policies that hold the most empirical promise for addressing the overdose crisis, we know what to do; we just are not doing it."

The Opioid Crisis Could Cost a Half Million Lives in the Next Decade

The most recent data from the Centers for Disease Control and Prevention, released in mid-August, showed a record 72,000 drug overdose deaths last year, with 49,000 related to heroin, fentanyl and prescription opioids. According to the authors of a study released last week in the American Journal of Public Health, that could be the new normal.

The study, by Stanford researchers Allison Pitt, Keith Humphreys, and Margaret Brandeau, attempts to assess the number of opioid-related deaths we could expect to see over the next decade, as well as the impact of different policy responses on reducing the death toll.

The researchers said there are steps that can be taken to reduce the death toll, but also that some seemingly simple solutions, such as cracking down on opioid prescribing for chronic pain, could actually increase the toll. And even those policies that could cut the opioid death rate are likely to do so only marginally.

Using a mathematical model, the researchers estimate that some 510,000 people will die over the next decade because of opioid use. The number includes not only drug overdoses but also other opioid-related deaths, such as HIV infections caused by shared needles.

Even including the non-overdose deaths, the number is staggering. Last year was the worst year ever for opioid-related overdose deaths, but this research suggests we are going to see year after year of similar numbers.

Making the overdose reversal drug naloxone more widely available could cut opioid-related deaths by 21,200 over the next decade, allowing greater access to medication-assisted therapies with drugs such as buprenorphine and methadone would save another 12,500 lives, and reducing opioid prescribing for acute pain would prevent another 8,000 deaths, the researchers said. But those three policy moves combined would shave less than 10 percent off the overall death toll.

"No single policy is likely to substantially reduce deaths over 5 to 10 years," the researchers wrote.

While harm reduction interventions such as those above would save lives, some aspects of tightening opioid prescribing would actually increase opioid-related deaths by as much as the tens of thousands -- because they increase heroin deaths more than they cut painkiller deaths. Moves such as reducing prescribing for chronic pain, up-scheduling pain relievers to further restrict their prescribing, and prescription drug monitoring programs all tend to push existing prescription opioid users into the illicit heroin and fentanyl markers all end up contributing to net increases in opioid deaths over the 10-year period, the researchers found.

On the other hand, other interventions on the prescribing front, such as reducing acute prescribing for acute pain (pain that may be signficant but is short-term), reducing prescribing for transitional pain, reformulating drugs to make them less susceptible to misuse, and opioid disposal programs, appear to prevent more deaths than they cause.

Ultimately, reducing the opioid death toll includes reducing the size of the opioid-using population, the researchers say. That implies making addiction treatment more available for those currently using and preventing the initiation of a new generation of opioid users. Restrictions on prescribing, while possibly driving some current users to dangerous illicit markets, can have a long-term impact by reducing the number of people who develop a dependence on opioids.

Whether that's a tolerable tradeoff for those pain patients who don't get the relief they need from other medications -- or for patients and others who end up dying from street heroin but might have lived despite their prescription opioid use -- is a different question.

By all appearances, when it comes to the loss of life around opioids, it looks like a pretty sad decade ahead of us.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: Murder Charges for Dealers in ODs "Bad Justice Policy," Study Finds, More... (8/21/18)

Prosecuting opioid dealers for overdose deaths is counterproductive "policy theater," concludes a new study; a key New Jersey politician says the votes are there to pass a legalization bill, and more.

Prosecuting drug dealers for murder in opioid overdose deaths is counterproductive and "bad justice policy," a new study finds.
Marijuana Policy

New Jersey Senate President Says He Has Votes to Pass Legalization Bill. Senate President Steve Sweeney (D) now says he has the votes needed to pass a marijuana legalization bill, probably next month. He told POLITICO that he will tie together efforts to legalize marijuana and expand medical marijuana so people who support medical will have to vote for recreational. "Don't be surprised when people who say they were against it vote for it," Sweeney said, predicting Republicans who support expanding medical marijuana will support legalization, too.

Oklahoma Legalization Initiative Officially Fails to Make Ballot. Green the Vote organizers admitted earlier this month that they had failed to gather enough signatures to qualify the State Question 797 legalization initiative for the November ballot, and now Secretary of State James Williamson has made it official. He announced Tuesday that initiative supporters had gathered only 102,814 raw signatures. They needed 123,725 valid voter signatures to qualify.

Pennsylvania State Senator Starts Petition Drive to Boost Legalization Bill. State Sen. Jake Wheatley (D-Allegheny County) announced Tuesday that he has launched an online petition in support of a marijuana legalization bill, House Bill 2600. "There are tremendous benefits to legalizing marijuana and few downsides," said Wheatley. "It's estimated that legalization would generate more than $580 million in annual tax revenue for Pennsylvania. That's money to balance our budget, strengthen our economy, bolster our workforce and improve our schools."

Sentencing

Prosecuting Dealers for Opioid Deaths "Bad Justice Policy," Study Concludes. A new study says prosecuting drug dealers for opioid overdose deaths is not only "bad law and bad criminal justice policy," but also exacerbates a public health crisis that has taken tens of thousands of lives. Such prosecutions are little more than "policy theater," said study author Leo Beletsky, Associate Professor of Law and Health Sciences of the Northeastern University School of Law. "Aside from crowding out evidence-based interventions and investments, these prosecutions run at complete cross-purposes to efforts that encourage witnesses to summon lifesaving help during overdose events," Beletsky wrote.

Chronicle AM: Overdose Deaths at Record High, DEA Cuts Opioid Production Quotas, More... (8/16/18)

Drug overdose deaths hit another record high last year, the DEA is cutting prescription opioid quotas again, California pot tax revenues are not meeting expectations, and more.

According to the CDC, more than 72,000 Americans died of drug overdoses last year. (Creative Commons)
Marijuana Policy

California Pot Tax Revenues Still Sluggish. The state has taken in $82 million in marijuana tax revenues in the first six months of 2018, finance officials reported. That's less than half the $185 million anticipated. Politicians and industry figures say that's because illicit sales still flourish and because many localities in the state don't allow retail marijuana sales. At a meeting with state regulators Tuesday, fingers were also pointed at a shaky supply chain, a shortage of licenses, testing problems and restrictions on retail sales and deliveries.

Medical Marijuana

Utah Medical Marijuana Foes Try Hail Mary Court Challenge to Block Initiative. Opponents of the Proposition 2 medical marijuana initiative filed a lawsuit in state court Wednesday seeking to remove the measure from the ballot. The opponents claim the initiative would tread on their freedom of religion because it violates the religious beliefs of a Mormon foe. "In the United States of America, members of all religions, including the Church of Jesus Christ of Latter Day Saints have a constitutional right to exercise their religious beliefs," the complaint reads. "This includes the right not to consort with, be around, or do business with people engaging in activities which their religion finds repugnant." Proponents of the initiative called the move "a wacky attempt" by foes to derail medical marijuana.

Heroin and Prescription Opioids

DEA Proposes Big Cuts in Opioid Manufacturing Next Year. The DEA has proposed decreasing the manufacturing quotas for the "six most frequently abused" opioids for next by 10%. That would be the third straight year of reductions. The move is described as part of President Trump's Safe Prescribing Plan, which seeks to "cut nationwide opioid prescription fills by one-third within three years." Neither this proposed cut nor the plan address whether bluntly tightening production quotas could lead to shortages for patients needing them for chronic pain.

Overdose Deaths At Record High Last Year, Driven By Opioids. The Centers for Disease Control and Prevention (CDC) reported Wednesday that preliminary figures showed that more than 72,000 Americans died of drug overdoses last year, up 7% over 2016. Opioids, which include prescription painkillers along with heroin and other illegal synthetic opioid drugs, contributed 49,068 to the total number of overdose deaths, the report indicates. From 2002 to 2017, the CDC estimates a 4.1-fold increase in the total number of deaths due to all types of opioid drugs.

Chronicle AM: Norway Heroin-Assisted Treatment Plan, NJ Pol Says Marijuana Legalization "Soon," More... (8/10/18)

New Jersey's Senate president says marijuana legalization is coming "soon," the Norwegians begin moving toward heroin-assisted treatment, and more.

diacetylmorphine AKA pharmaceutical heroin -- coming soon to Norway to treat hardcore addicts (Creative Commons)
Marijuana Policy

Key New Jersey Pol Says Legalization Coming "Soon." "I think it's gonna happen soon," State Senate President Stephen Sweeney (D-Gloucester) told NJ Advance Media Thursday, saying it could happen as early as next month. "We'll have the legislation done. Then you have to do the regulations and everything else." He said he hoped to see a final draft of the bill, next week, hold hearings quickly, and vote in September. "We're getting much closer," Sweeney said.

International

British Police Commissioner Calls for Marijuana Freedom. Police and Crime Commissioner for North Wales Arfon Jones has called for marijuana users to be able to grow and sell the plant without fear of arrest in cannabis clubs. He is calling for the country to adopt Spanish-style marijuana "collectives" where members sell homegrown weed to each other. At least 75 cannabis clubs currently exist in Britain, all operating with a wink and a nod from local police.

Norway to Begin Providing Free Heroin to Hardcore Addicts. Norwegian Health Minister Bent Hoie has asked the Directorate of Health to create a list of heroin addicts must suitable for receiving heroin-assisted treatment and to assess the economic consequences of creating such a program. "We want to help those addicted who are difficult to reach, those who are not part of LAR (drug-assisted rehabilitation) and who are difficult to treat," he said. The pilot program is set to start in 2020 or 2021. Local governments in Oslo and Bergen are reportedly applying to participate.

Chronicle AM: Three MO MedMJ Inits Qualify for Ballot, House Panel Queries Big Pharma, More.... (8/3/18)

Oregon's US Attorney fires a warning shot over pot, three different Missouri medical marijuana initiatives qualify for the November ballot, a House panel wants answers on opioids from three big pharmaceutical companies, and more.

Show Me State voters will be voting on three separate medical marijuana initiatives in November. (Creative Commons)
Marijuana Policy

Oregon US Attorney Says Marijuana Industry There Is Out of Control. Oregon US Attorney Billy J. Williams fired a warning shot across the bow of the state's pot industry on Thursday. Responding to a High-Intensity Drug Trafficking Area (HIDTA) report this week that accused the state's marijuana growers of overproduction, Williams minced few words: "The recent HIDTA Insight Report on marijuana production, distribution, and consumption in Oregon confirms what we already know -- it is out of control," he said. "The industry's considerable and negative impacts on land use, water, and underage consumption must be addressed immediately. State officials should respond quickly and in a comprehensive manner to address the many concerns raised by this assessment," said Williams. "To date, we've seen insufficient progress from our state officials. We are alarmed by revelations from industry representatives, landowners, and law enforcement partners describing the insufficient and underfunded regulatory and enforcement structure governing both recreational and medical use. A weakly-regulated industry will continue to detract from the livability and health of communities throughout the state."

Medical Marijuana

Illinois Governor Signs Bill Allowing Medical Marijuana Administration in Schools. Gov. Bruce Rauner (R) has signed into law a bill that requires public schools to allow the parents of sick children to administer medical marijuana to them at school. The law allows parents to administer "cannabis-infused products" if both the child and the parents have been approved under the state's medical marijuana law.

Missouri Will Vote on Not One, Not Two, But Three Medical Marijuana Initiatives. The secretary of state's office on Thursday certified three different medical marijuana initiatives for the November ballot. There is a constitutional amendment from New Approach Missouri, as well as a constitutional amendment from Find the Cures and an easier to amend statutory initiative from Lowell Pearson, a Jefferson City attorney.

Oklahoma Health Board Approves New Medical Marijuana Rules. The Board of Health on Wednesday adopted new rules to govern the state's medical marijuana system. The new rules amend or totally revoke the original proposed rules, which included a ban on the sale of smokeable marijuana, a requirement that a pharmacist be present at dispensaries, and a requirement that women of childbearing age take a pregnancy test before using medical marijuana. Also gone are guidelines that limited THC levels.

Heroin and Prescription Opioids

House Panel Presses Drug Companies on Opioid Crisis. The leaders of the House Energy and Commerce Committee have sent letters to three companies that manufacture opioids requesting they appear before the committee to answer questions about how they marketed opioids and whether they ignored evidence of abuse of their products. The companies are Insys Therapeutics, Mallinckrodt Pharmaceuticals, and Purdue Pharma. The letters make no mention of ensuring that chronic pain patients continue to receive adequate supplies of opioids.

Chronicle AM: Warren Slams Trump on Opioids, White House Says No Drug Legalization, More... (6/19/18)

A leading Democratic senator scolds the White House on the opioid crisis, the White House rejects drug legalization, the Lebanese consider legalizing marijuana cultivation for medicine, and more.

A Lebanese hash field. It could be turned into medical marijuana soon. (Creative Commons)
Marijuana Policy

Alaska Marijuana Festival Investigated for Allowing Marijuana Consumption. The Alaska Hempfest held last month allowed attendees who wanted to indulge on-site to smoke marijuana in a tent on the festival grounds, and that now has the festival in hot water with the state Alcohol and Marijuana Control Office. State law and industry regulations prohibit public consumption of marijuana. Festival organizers have been notified that an investigation is underway and that they will likely face a fine of several thousand dollars.

Heroin and Prescription Opioids

Elizabeth Warren Slams Trump on Lame Response to Opioid Crisis. Sen. Elizabeth Warren (D-MA) has ripped into President Trump over his lack of effective responses to the opioid crisis. In a letter released Thursday, Warren wrote: "Experts and observers have concluded that your efforts to address the crisis are 'pathetic' and 'ambiguous promises' that are falling far short of what is needed and not… addressing the epidemic with the urgency it demands. I agree and urge to move quickly to address these problems."

Drug Policy

White House Rejects Drug Legalization. In response to a question about Mexico's incoming president's openness to discussing drug legalization as an alternative to the bloody status quo south of the border, White House press secretary Sarah Huckabee Sanders made clear Wednesday that the Trump administration wasn't interested in anything like that. "I don't have a specific policy announcement on that front," Sanders said at the daily White House press briefing. "However, I can say that we would not support the legalization of all drugs anywhere and certainly wouldn't want to do anything that would allow more drugs to come into this country."

International

Lebanon's Parliament Will Take Up Legalizing Marijuana Cultivation for Medical Purposes. Parliament Speaker Nabih Berri said Wednesday the parliament is considering legalizing marijuana cultivation for medical purposes in a bid to boost the economy. "The Lebanese Parliament is preparing to study and adopt the legislation necessary to legislate the cultivation of cannabis and its manufacture for medical uses in the manner of many European countries and some US states," Berri's office said, reporting on comments made in a meeting with the US ambassador in Beirut.

Making Matters Worse: DEA's Move to Restrict Opioid Prescriptions Pushed Users to the Dark Web

By the end of 2013, the country's quiet opioid addiction crisis was no longer so quiet. Opioid overdose deaths that year topped 16,000, more than four times the same statistic for 1999. That prompted a number of measures at the state and federal level to rein in opioid prescriptions, including a move by the DEA in October 2014 to tighten its policies around some of the most commonly prescribed opioids.

Dark Web fentanyl sales rose after the DEA restricted some prescription opioids. (Creative Commons)
The new DEA policy -- aimed at popular opioids such as Vicodin and Lortab -- imposed restrictions on doctors' prescribing and made it more difficult for patients to get refills. In one sense, the policy was a success: Prescriptions for those drugs decreased almost immediately. But new research adds to an increasing body of evidence that restricting opioid prescribing has not solved the opioid crisis but instead worsened it.

Since the DEA policy shift, opioid overdose deaths continued to grow with more than 40,000 fatal opioid overdoses in 2016. And while prescription opioid overdose deaths have slightly decreased -- there were about 14,000 that year -- overdose deaths from heroin and non-prescription synthetic opioids such as fentanyl went through the roof. Heroin and illicit synthetics accounted for nearly two-thirds of all opioid overdose deaths in 2016.

In the new study, published this week in the British Medical Journal, researchers examining the impact of the DEA policy shift found evidence that while the change indeed lowered prescribing rates for the opioids in question, it was also linked to an increase in illicit online sales of those drugs in Dark Web drug markets.

The researchers used software called DATACRYPTO to crawl encrypted Dark Web marketplaces where people can anonymously buy damned near anything, from drugs to guns to credit card numbers. DATACRYPTO harvested data on which drugs were for sale, their country of origin, and the number of customer comments on each seller's comments page. Researchers used that last figure as a proxy for how much of a drug that seller sold. They examined sales of prescription opioids, sedatives, stimulants, and steroids, as well as heroin. It was only with prescription opioids that they found a significant Dark Web sales bump.

Here's what they found: "The sale of prescription opioids through US cryptomarkets increased after the schedule change, with no statistically significant changes in sales of prescription sedatives, prescription steroids, prescription stimulants, or illicit opioids."

According to their data, prescription opioids doubled their market share of U.S. Dark Web drug sales thanks to the DEA policy change. By July 2016, opioids represented 13.7% of all drug sales in U.S. cryptomarkets, compared with a modeled estimate of 6.7% of all sales.

While the researchers were careful to not make claims of causation -- only correlation -- their conclusion speaks for itself: "The scheduling change in hydrocodone combination products coincided with a statistically significant, sustained increase in illicit trading of opioids through online US cryptomarkets. These changes were not observed for other drug groups or in other countries. A subsequent move was observed towards the purchase of more potent forms of prescription opioids, particularly oxycodone and fentanyl."

Not only is the DEA policy change linked to increased Dark Web opioid sales, it is also linked to a move toward more powerful, and thus more dangerous, opioids. The researchers noted that while fentanyl was the least purchased Dark Web opioid in the summer of 2014, it was the second most frequently purchased by the summer of 2016. Fentanyl killed as many people as prescription opioids that year.

This study -- one of the few that examines supply reduction (as opposed to demand reduction) as a means reducing drug use -- strongly suggests that supply-side interventions carry unintended consequences, especially the resort to more dangerous and more powerful substitutes. The study's authors refer to this effect as "the iron law of prohibition, whereby interventions to reduce supply, such as increased enforcement and changes to drug scheduling, lead to illicit markets dominated by higher potency products."

Perhaps better than restricting opioid prescriptions, which has deleterious impacts on the tens of millions of Americans suffering chronic pain, or other supply-side interventions, would be increased access to addiction treatment, as well as greatly expanded harm reduction measures to try to get people off opioids and keep them alive in the meantime.

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