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The Punitive Prohibitionist Approach to Drug Use During Pregnancy is Killing Women [FEATURE]

How to deal with substance abuse during pregnancy is a fraught issue, generating harsh sanctions against pregnant women who use drugs or who lose their fetuses before birth and are drug users. According to data compiled by Pregnancy Justice, the advocacy group formerly known as National Advocates for Pregnant Women, prosecutors filed more than 1,300 criminal cases against pregnant women between 2006 and 2020, a rate of more than a hundred a year. They are almost always poor women of color.

Hardnosed prosecutors and child protection agencies enabled by state and federal laws use a number of techniques and statutes to go after pregnant women who use drugs. As compiled by the Guttmacher Institute, a research and policy group committed to advancing sexual and reproductive health and rights, they include:

  • Making drug use during pregnancy a crime. Such laws have been upheld by state Supreme Courts in Alabama and South Carolina.
  • Several states have expanded their civil child-welfare requirements to include prenatal substance use, so that prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect.
  • Some states, under the rubric of protecting the fetus, authorize civil commitment (such as forced admission to an inpatient treatment program) of pregnant people who use drugs; these policies sometimes also apply to alcohol use or other behaviors.
  • A number of states require health care professionals to report or test for prenatal drug exposure, which can be used as evidence in child-welfare proceedings.
  • To receive federal child abuse prevention funds, states must require health care providers to notify child protective services when the provider cares for an infant affected by illegal substance use.

But now, a growing number of experts, including maternal/fetal specialists, federal health officials and people who treat addiction, are saying that such responses are counterproductive. Women who feel subject to prosecution may avoid health care entirely or may shy away from interventions such as a medication-assisted treatment (MAT) with opioids such as methadone or buprenorphine, increasing their likelihood of fatal overdoses. Overdoses are a eading cause of preventable death among pregnant women.

A study published this week in the Maternal and Child Health Journal of 26 pregnant Massachusetts women found that the decision whether or not to use MAT "was entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery," according to Dr. Davida Schiff, the study author and an addiction medicine specialist at Massachusetts General Hospital in Boston. The women underwent "intense anxiety and stress" about the threat they would be reported to child protective services.

"This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said.

That someone is using drugs while pregnant "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina's Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

"Across the entire country, we're seeing a general trend toward more punitive policies, and those are kind of the policies that consider substance use during pregnancy to be child abuse or neglect," said Laura Faherty, a policy researcher at the RAND Corporation.

The head of the National Institute on Drug Abuse (NIDA), Dr. Nora Volkow, also thinks things have gone too far.

"We should remove criminalization of women who are pregnant and taking drugs," she said. "That needs to stop. We know that mortality from overdoses is greater in women that are pregnant than counterparts of the same age that are not pregnant. This is extraordinarily important because it's telling us that there's something that is making these pregnant women more vulnerable."

The need for change from punitive prohibitionist policies is urgent. A 2019 study found that the rate of opioid-related diagnoses among pregnant women more than doubled between 2010 and 2017, with ongoing research suggesting another big increase after 2017. And a 2022 study found that the number of pregnant women and new mothers dying of drug overdoses reached a record high in 2020, nearly doubling to11.85 per 100,000 from 6.56 per 100,000 in 2017.

Punitive prohibitionist policies are not working. It is time for another approach.

NH Marijuana Legalization Measure Deferred, NV Psychedelic Working Group Bill Advances, More... (5/31/23)

Health experts are speaking out about the dangers of criminalizing drug use during pregnancy, a North Carolina medical marijuana bill gets a hearing, and more.

Magic mushrooms. They could be on the agenda of a proposed Nevada psychedelic working group. (Creative Commons)
Marijuana Policy

New Hampshire Lawmakers Defer Action on Proposal for State-Run Marijuana Legalization. An effort to move forward on marijuana legalization via an amendment that would create a system of state-run pot shops in eventual combination with existing medical marijuana dispensaires has run out of steam—for now.

The House Commerce and Consumer Affairs Committee on Tuesday declined to act on that amendment, which came from Chairman John Hunt (R). Instead, the committee plans to continue working on the proposal and will create a separate, stand-alone bill, but with legislative deadlines looming, the issue will be bumped to the fall, when the legislature reconvenes, with possible floor action early in 2024.

Medical Marijuana

North Carolina Medical Marijuana Bill Gets Hearing but No Vote. The North Carolina Compassionate Care Act, Senate Bill 3, has already passed the Senate and got a hearing in the House Health Committee on Tuesday. No vote was taken. If the bill eventually passes out of the Health Committee, it then faces a trek through the Finance and  Rules committees before heading for a House floor vote.

During Tuesday's hearing, Sen. Bill Rabon (R-Brunswick) told lawmakers about how he used marijuana to help him get through chemotherapy. "That’s the only reason I’m alive today," said Rabon. "I know that tens of thousands of people in the state could benefit just as I did."

Psychedelics

Nevada Senate Approves Psychedelic Working Group Bill. The Senate on Monday approved a bill to create a new working group to study psychedelics and develop a plan for regulated access for therapeutic uses, Senate Bill 242. The bill originally would have legalized psilocybin and promoted research into it and MDMA but was pared back in committee before passing on a 16-4 vote. The bill now heads to the Assembly.

Pregnancy

Health Experts Call for Changes to Laws Around Drug Use and Pregnancy. Laws criminalizing drug use during pregnancy are deterring pregnant women from seeking help and need to be changed, health experts say. They also keep expecting mothers from using medication-assisted treatment for fear of losing custody of their newborns.

"We should remove criminalization of women who are pregnant and taking drugs," Dr. Nora Volkow, head of the National Institute on Drug Abuse (NIDA), said in an interview. "That needs to stop."

Substance use disorder "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina’s Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

Dr. Davida Schiff, addiction medicined specialist at Massachusetts General Hospital and author of a new study on the use of medication-assisted treatment (opioid maintenance) by pregnant women said their decisions were "entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery. This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said. 

MN Becomes 23rd Legal Marijuana State, OH Court Rules on Drug-Using Pregnant Women, More... (5/30/23)

A bid to condemn Canada's safe supply drug policy in British Columbia fails in Parliament, Vermont's governor signs an overdose prevention omnibus bill into law, and more.

An Ohio appeals court has ruled that pregnant women who use drugs cannot be prosecuted under a state law. (CC)
Marijuana Policy

Minnesota Becomes 23rd Legal Marijuana State. With the signature Tuesday of Gov. Tim Walz (DFL) on a reconciled bill, the state became the 23rd to legalize marijuana and the second this year. Delaware legalized it earlier this year. Passage of the bill after years of effort came after the Democratic Farm Labor Party won majorities in both houses of the legislature. Marijuana use and possession will be legalized as of August 1, but it is likely to take a year or longer to get the state's legal marijuana commerce system up and running

Harm Reduction

Vermont Governor Signs Omnibus Overdose Prevention Bill into Law. Gov. Phil Scott (R) last Thursday signed into law an omnibus overdose prevention bill, House Bill 222. The move comes as the state sees its third year in a row of record drug overdose fatalities. The bill contains measures aimed directly at reducing overdoses, such as funding to launch drug-checking services around the state and providing for liability protection. It also contains provisions aimed at breaking down barriers to receiving drug treatment, such as reducing wait times for preauthorization for medication-assisted treatment and expanding the availability of recovery and sober living homes. The measures are being funded with $8 million the state received from settlements with opioid manufacturers and distributors.

Pregnancy

Ohio Appeals Court Rules Law that Criminalizes Providing Drugs to Pregnant Women Does Not Apply to the Pregnant Woman Herself. Last week, Ohio's 5th District Court of Appeals ruled that it is not a crime for a pregnant women to administer illicit drugs to herself. The ruling came in the case of Muskingum County woman who was found guilty of violating a law that makes it a crime to "administer a controlled substance to a pregnant woman" after she confessed to injecting fentanyl in the hospital parking lot before entering the hospital to deliver her baby. In overturning the verdict, the appeals court held that the administration of drugs must be done by another person—not the pregnant woman herself. As a result, similar cases against four other women have been suspended and the woman in the original case has been released from prison. Prosecutors say they will appeal.

International

Canadian Conservatives' Motion to Condemn Liberals' Safe Supply Drug Policies Fails. A motion from Conservative Party Leader Pierre Poilievre to condemn the Liberal federal government's drug policies, and especially its decision to fund the supply of pharmaceutical alternatives as alternatives to illicit street drugs in the province of British Colombia, failed to pass in the House of Commons last Friday. BC's safe supply approach comes as some 35,000 Canadians have died of drug overdoses since 2016. Poilievre argued that the "tax-funded drug supply" fueled addiction rather than recovery and suggesting diverting money from that program into drug treatment. His motion called on the House to "immediately reverse its deadly policies and redirect all funds from taxpayer-funded, hard drug programs to addiction, treatment and recovery programs." But the House didn't buy it. 

Two New Jersey Moms Sue Over Failed Drug Tests Caused by Poppy Seed Bagels [FEATURE]

Two New Jersey women who ate poppy seed bagels before going to the hospital to give birth, and were then reported for possible child abuse or neglect after testing positive for opiates, have filed complaints with state officials charging that the hospital that conducted the tests did so without their knowledge or consent. In doing so the hospital violated the state's law against discrimination on the basis of sex and pregnancy, they argued.

Eating poppy seed bagels can result in a positive drug test for opiates, and that can have consequences. (Pixabay)
In their complaints, the two women, referred to as Kaitlin K. and Kate L., charge that Hackensack University Medical Center and Virtua Voorhees Hospital subjected them to drug tests without their knowledge, and when their test results came back positive, reported them to the state Department of Child Protection and Permanency (DCPP).

Both women and their families were subjected to traumatic investigations by the DCPP during what should have been joyful first months with their new infants, shattering their trust in medical personnel and causing fear of further unnecessary intrusions by the state, their complaints say.

They are seeking to force both hospitals to end what they call an unlawful practice, as well as compensatory damages for emotional distress. They are being represented by the American Civil Liberties Union (ACLU) of New Jersey. Their case is the latest in which patients in several states -- including in New York, Illinois, and Pennsylvania -- have filed cases to challenge similar hospital practices, resulting in policy changes and monetary damages.

"No one should be subjected to unnecessary and nonconsensual drug tests. Our clients are sending a clear message to hospitals that these testing and reporting policies are unacceptable," said ACLU-NJ Staff Attorney Molly Linhorst. "Discriminatory testing policies like these upend what should be a time of joy for families, and so often subject them to further trauma and unwarranted investigation by the state."

"I felt like they were questioning my character and parenting skills," said Kate L. "I'm terrified of ever going to a hospital again; I'm always going to worry that our family could be torn apart. That's why we are doing all we can to stop this from happening to anyone else."

"I feel violated. This whole ordeal has been extremely stressful and has turned our lives upside down and now, because of what happened, I live in fear of medical tests and how they might be used against me as a mother," said Kaitlin K. "I found out later that the lab used a testing threshold far, far lower than what the federal government uses."

Maternal drug testing is not only discriminatory, but it and the decision on whether to report a positive result are also permeated with racial bias, with healthcare professionals are more likely to administer drug tests on pregnant Black women and their babies.

The practice is also opposed by health care providers who warn that it can deter people from seeking medical care during and after pregnancy. The American College of Obstetricians and Gynecologists specifically rejects drug testing in part of the legal consequences a positive test result can unleash.

Poppy seeds can lead to positive test results for opiates. "Research shows that morphine and codeine can sometimes be detected in the urine up to 48 hours after ingestion of poppy seeds from some pastries, such as bagels, muffins, and cakes," says the href="https://www.usada.org/spirit-of-sport/education/can-poppyseeds-cause-a-positive-drug-test/" target=_blank_>US Anti-Doping Agency, the national organization for US Olympic sports.

But positive drug tests from poppy seed bagels would not be a problem if doctors and hospitals were not doing such testing on patients without their knowledge or consent and with no good medical reason. Perhaps having to pay damages for the harm they inflicted on these two women will cause those hospitals to think twice.

GOP Rep Wants to Use Military Force Against Mexican Cartels, MN Legal Pot Bill Advances, More... (1/12/23)

A North Dakota bill would increase monthly THC limits for medical marijuana patients, a South Dakota bill would bar pregnant or breast-feeding women from getting medical marijuana cards, and more.

The Mexican military can't handle the cartels and the US military should help, a GOP congressman says. (Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins First Committee Vote. A Democratic marijuana legalization bill, House File 100, was approved on a voice vote in the House Commerce Finance and Policy Committee Wednesday and has now been referred to the House Judiciary Finance and Civil Law Committee, the second of what could be as many as a dozen committee hurdles. The bill would allow people 21 and over to possess up to two ounces in public and up to five pounds at a residence, as well as allowing the gifting of amounts up to those limits. It also allows for the home cultivation of four mature and four immature plants, and it would set up a system of taxed and licensed marijuana commerce.

Medical Marijuana

North Dakota Senate Approves Bill to Raise Patients' 30-Day THC Limit. The Senate has approved Senate Bill 2068, which increases the amount of THC in products such as tinctures and lotions that patients may purchase in a 30-day period. The limit is currently 4,000 milligrams, and the bill originally would have doubled that to 8,000 milligrams, but bill sponsor Sen. Kristin Roers (R-Fargo) amended it down to 6,000 milligrams after the Senate Judiciary Committee voted 4-3 for a "do not pass" recommendation. The measure now heads to the House.

South Dakota Bill Would Bar Pregnant or Breast-Feeding Women from Access to Medical Marijuana. Anti-marijuana and anti-abortion zealot Rep. Fred Deutsch (R-Florence) has filed a bill that would block the Health Department from issuing medical marijuana cards to pregnant or breast-feeding women, House Bill 1053. The bill has been referred to the House Health and Human Services Committee. Deutsch served as treasurer for Protecting South Dakota Kids, a ballot measure committee that successfully opposed the 2022 marijuana legalization initiative and he also is a past president of South Dakota Right to Life, an anti-abortion group.

Foreign Policy

GOP Congressman Will File Bill to Authorize Use of Military Force Against Mexican Cartels. US Rep. Mike Waltz (R-FL) said over the weekend that he plans to introduce a bill that would authorize the use of certain US military capabilities against drug trafficking organization in Mexico. "They are defeating the Mexican army. These are paramilitary entities with billions and billions at their disposal," he said during an appearance on Fox's Sunday Morning Futures. But he specified that his proposed Authorization for the Use of Military Forces would not include placing the US military in combat in Mexico: "I'm not talking about US troops. But I am talking about cyber, drones, intelligence assets, naval assets." Former president Donald Trump also recently called for using US special forces, cyber warfare and other capabilities to "inflict maximum damage on cartel leadership, infrastructure, and operations." The Trump administration also considered designating cartels as foreign terrorist organizations, and a bill to the effect has been filed in the Senate.

Medical Marijuana Update

A Pennsylvania doctor who is also a medical marijuana patient is suing to be able to purchase a handgun, Oklahoma is prosecuting pregnant women who use medical marijuana, and more.

Louisiana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

Oklahoma

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law," said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law," Kiesel said. "It's important to remember, if you have a medical marijuana license, you are under the care of a physician."

Pennsylvania

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of nonviolent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

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. 

OK Arrests Pregnant Women for Medical Marijuana, Bolivia Coca Leader Arrested, More... (9/15/22)

North Dakota activists cry foul over a financial summary of their legal pot initiative, the South Caroline Supreme ourt upholds civil asset forfeiture, and more. 

Coca farmers are clashing with each other in Bolivia. (DEA)
Marijuana Policy

Colorado Bill to Protect Marijuana-Using Workers Filed. Even though Colorado was the first state to legalize marijuana, it still does not have protections in place for people fired or not hired for using it. That could change under newly filed House Bill 1152 , which would not only protect workers from adverse consequences for off-the-job marijuana use but also allow medical marijuana patients to consume their medicine at work. Past attempts to pass such legislation have failed and the state Supreme Court has held that employers can fire medical marijuana users for off-duty use.

Missouri Lawmaker Files Marijuana Legalization Bill, Urges Special Session to Consider It. In a bid to fend off a marijuana legalization initiative, Amendment 3, Rep. Ron Hicks (R) filed his Marijuana Freedom Act on Wednesday, one day after a judge cleared the way for the initiative to be voted on in November. The bill is a revised version of a bill he filed earlier this year and advanced through committee during the regular legislative session. He is calling on Gov. Mike Parson (R) to include the bill in a pending special session, even though Parsons said recently he would not include it.

Nevada Judge Rules Pharmacy Board's Classification of Marijuana as Schedule I Substance Unconstitutional. District Judge Joe Hardy Jr. ruled Wednesday that the state Board of Pharmacy’s classification of cannabis as a Schedule 1 drug is unconstitutional. The ruling came in a lawsuit filed by the ACLU of Nevada, which argued that marijuana doesn't meet the definition of a Schedule I drug under state law because it has accepted medical uses. The judge agreed: "The constitutional right to use marijuana upon the advice of a physician does establish that marijuana has an accepted medical use and treatment in the United States," Hardy said.

North Dakota Activists Accuse State of Misleading Voters About Marijuana Legalization Initiative. Backers of the Initiated Statutory Measure No. 1 marijuana legalization initiative say the state's ballot summary misleads voters about the costs of the measure by failing to include any revenues from legalization in the summary. The state's fiscal summary reads as follows: "The estimated fiscal impact of this measure beginning in 2023 through the 2025-2027 Biennium is Revenue of $3,145,000 and Expenses of $4,985,000." That does not include revenues from legal marijuana, which would be taxed at 5 percent by the state, up to an additional 3 percent by localities, and a possible excise tax. Dave Owen, the chairman of New Approach North Dakota, called the fiscal summary "obviously incomplete" and "intentionally misleading." The state claims it is unable to calculate potential revenues, but an economics professor at North Dakota State University was able to come up with a projection that the state would get about $6 million in pot taxes each year.

Medical Marijuana

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law,"said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law,"Kiesel said. "It’s important to remember, if you have a medical marijuana license, you are under the care of a physician."

Asset Forfeiture

South Carolina Supreme Court Upholds Civil Asset Forfeiture Law But Urges Legislative Reform. The state Supreme Court on Wednesday upheld the state's civil asset forfeiture law but suggested the legislature could reform the law to make it more fair to seizure victims. "Several states have amended their statutory schemes to impose more stringent requirements on the government; however, the fact that certain states have legislatively altered their civil forfeiture laws provides no support for judicially changing ours,"the order said. "Legislative alteration might be a good thing, but we are not called upon to decide whether a change in the law would be wise."

International

 

 

. The leader of an anti-government coca growers union faction, Freddy Machicado, was arrested Wednesday for his role in protests that resulted in the burning of a "parallel" coca market in La Paz. He is being held at a police headquarters in El Alto, a La Paz suburb. For weeks, Machiado had led weekly protests against the market, which is operated by another faction of the Adepcoca union close to the government. Its leader, Arnold Alanes, who claims leadership of the union even though a majority of affiliates reject his leadership. There are only two officially sanctioned legal coca markets in the country, but Alanes' "parallel" market had operated unimpeded by the government. 

Scary MO Pot Legalization Poll, NJ Judge Throws Out 2,000 Drug Cases, More... (9/13/22)

Germany moves to ban an LSD derivative, a new pol lhas the Missouri marijuana legalization initiative trailing, and more. 

Alabama routinely holds pregnant women drug offenders in jail without bond. (Creative Commons)
Marijuana Policy

Missouri Poll Has Legalization Initiative Trailing. The constitutional amendment to legalize marijuana, Amendment 3, faces an uphill fight, according to a new poll from the Remington Research Group and Missouri Scout. That poll had 43 percent in favor of the initiative with 47 opposed and 11 percent undecided. But Legal Missouri, the group behind the initiative, pointed out that previous polling had shown majority support for legalization and that this "same pollster and political newsletter predicted medical cannabis might not pass in 2018, weeks before 66 percent of Missourians voted for it on the ballot." Still, the poll numbers are concerning

Drug Testing

New Jersey Judge Throws Out More Than 2,000 Cases Where Drug Tests Were Mishandled. Superior Court Judge Edward Jerejian has dismissed more than 2,000 drug charges after a review spurred by a mishandled drug analyses at a State Police laboratory. The same judge initiated the review in 2016 after a lab worker reported that a technicians was filing test results without actually testing the samples. The review spanned more than 10,000 drug charges over 10 years and found more than 2,000 cases that merited dismissal. People who had charges dismissed may be eligible for reimbursement. The lab tech responsible retired before the probe began and was never charged. The review has caused the State Police to adopt more strenuous drug testing methods using mass spectrometry and gas chromatography.

Pregnancy

Alabama Routinely Holds Pregnant Women Arrested for Drug Offenses in Jail Until Trial to Protect Fetuses. Under state law, pregnant women arrested for drug offenses are not allowed to post bail and must stay in state custody—either in jail or drug treatment—until giving birth. Alabama leads the nation in imprisoning pregnant women who have drug charges but is hardly alone, and Etowah County is a real hotbed. It has jailed 150 pregnant women in recent years and is currently holding 12 behind bars.

The trend of imprisoning pregnant and postpartum women for supposedly endangering their fetuses is growing nationwide. According to National Advocates for Pregnant Women, there where 413 pregnancy prosecutions from 1973, when Roe v. Wade was decided, until 2005. But since then, there have been more than 1,300 more cases. Now, in the post-Roe era, expect more such prosecutions, said NAFPW's Afsha Malik. "We know that we’re going to see more examples of pregnant people being criminalized for behavior that may be [seen as] justified for the general public, like using substances," she said. "[Other] cases that we’ve seen are going to accelerate, like [for] falling down the stairs, having a home birth, not seeking prenatal care, having HIV, having a self-induced abortion, and experiencing a pregnancy loss.”

International

Germany Moves to Ban LSD Derivative. The federal government has sent a draft ordinance banning 1-V-L-LSD, a derivative of LSD, to the Bunderat, where it is set to be discussed on Friday. It would add the substance to an existing ban on new psychoactive substances. It is currently available in shops and online. "The substance 1-V-LSD is a substance with a psychedelic effect, which is converted to LSD when it passes through the body and is already represented on the drug market for purposes of abuse," the draft says. Drug Commissioner Burkhard Blienert said people supplying the drug were "unscrupulous players in the drug market"and 

Schumer Says Marijuana Legalization Bill Coming in April, Study Questions Reliability of Maternal Drug Testing, More... (2/7/22)

Wisconsin's governor vetoes a bill that would have dramatically hiked criminal penalties for butane marijuana extraction, the Jalisco New Generation Cartel is now making bombs to deploy against the military, and more.

Marijuana legalization could be coming to the Senate in April. (Creative Commons)
Marijuana Policy

Schumer Says He Aims to File His Marijuana Legalization Bill in April. Senate Majority Leader Chuck Schumer (D-NY) announced last Friday that he plans to formally introduce his marijuana legalization bill in April. "In the coming weeks, we're ramping up our outreach -- and we expect to introduce final legislation. Our goal is to do it in April," Schumer said. "Then we begin the nationwide push, spearheaded by New York, to get the federal law done. As majority leader, I can set priorities. This is a priority for me." Schumer's bill, the Cannabis Administration and Opportunity Act (CAOA), was first released in draft from last July, and advocates had grown increasingly impatient with the lack of movement since then, especially after he blocked passage of the SAFE Banking Act, which the House had approved and attached to a defense spending bill. But now, Schumer has signaled movement ahead.

Wisconsin Governor Vetoes Bill to Ramp Up Penalties for Marijuana Extraction. Gov. Tony Evers last Friday vetoed a bill that would have significantly increased criminal penalties for people using butane or similar fuels to process marijuana for extracts. The measure, Assembly Bill 440, would have made using butane to extract marijuana a Class E felony punishable by up to 15 years in prison. It is currently a Class I felony with a maximum 3 ½ year sentence. In his veto message, Evers said, "I am vetoing this bill in its entirety because I object to increasing criminal offenses or penalties related to marijuana use," adding that "marijuana criminalization has had a disproportionate impact on communities of color, especially in Wisconsin." Evers supports marijuana legalization, but has made no headway with the Republican-led legislature.

Drug Testing

Study Questions Reliability of Maternal Drug Testing. A study presented at 2022 Pregnancy Meeting of the Society for Maternal-Fetal Medicine last Friday is raising more questions about the drug testing of pregnant women after it found that maternal urine samples and samples of the meconium from their newborn babies frequently produce different results. That disagreement (or "discordance") could trigger inappropriate interventions by child protective services, including separation of infants from their mothers, the researchers said.

"There's a very big debate right now in the obstetrics and perinatology communities about the utility of biochemical testing and the identification of high-risk women," said lead author Cassandra Heiselman, DO, MPH, clinical assistant professor in the Department of Obstetrics, Gynecology and Reproductive Medicine at the Renaissance School of Medicine at Stony Brook University, Stony Brook, New York, told Medscape Medical News. "We know that each biochemical test has limitations, which can include basically the inability to detect all substances, especially synthetic opioids like fentanyl, [and] the possibility for false results."

Ironically, marijuana use was the most common factor associated with a positive meconium test. "Some studies have shown cannabis use in the second trimester can show up in meconium testing even if the mother has stopped that behavior," Heiselman said. "Then there is also cross-reactivity with other substances that can lead to higher false positive results, especially in the urine toxicology."

International

Mexican Drug Cartel Turns to IEDs to Use Against Army as Drug War Rages On. In a first in Mexico's drug wars, the Jalisco New Generation Cartel has deployed homemade bombs, or improvised explosive devices (IEDs) against the Mexican military. The attacks came on Saturday in Tepalcatepec in the western state of Michoacan, which has been riven with criminal conflicts for months. The bombs were described as pipe bombs with a cone-shaped cap to direct the explosion. Local self-defense forces fighting the cartel said the bombs did extensive damage to a military armored vehicle. This is just the latest escalation for the cartel, which last month resorted to dropping bombs from drones on its rivals.

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