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CT Governor Includes Marijuana Legalization in Budget Proposal, Baltimore Announces Policing Reform, More... (2/11/21)

The appetite for busting pot smokers grows weaker in Fort Lauderdale and Milwaukee, Idaho could this year finally legalize hemp, and more.

Baltimore police are reforming some of their stop and search practices. (Pixabay)
Marijuana Policy

Connecticut Governor Includes Marijuana Legalization Plan in Budget Proposal. Gov. Ned Lamont (D) on Wednesday released his budget request, which includes a plan to legalize marijuana. His plan would involve creating a "comprehensive framework for the cultivation, manufacture, sale, possession, use, and taxation of cannabis that prioritizes public health, public safety, and social justice," Lamont said. "The proposal builds on the significant work that the Legislature has done on adult-use cannabis in recent sessions and ensures alignment with the approaches pursued by regional states," a summary of the plan says.

Florida's Broward County Gives Up on Misdemeanor Pot Prosecutions. Broward County (Ft. Lauderdale) State Attorney Harold Pryor has told county police agencies not to bother referring misdemeanor marijuana possession cases for prosecution. "Prosecuting these cases has no public safety value and is a costly and counterproductive use of limited resources," Pryor wrote in a memo to the law enforcement agencies. He asked them to refer violators to drug-treatment programs instead of the criminal justice system. Possession of up to 20 grams is a misdemeanor under state law. Neighboring Miami-Dade County enacted a similar policy six months ago. Dade and Broward are the state's two most populous counties.

Milwaukee County Board to Consider $1 Fine for Pot Possession. Board Supervisor Sylvia Ortiz-Velez has proposed an ordinance that would make the maximum penalty for possession of up to 25 grams of marijuana a $1 fine. Currently, possession is punished with fines of between $250 and $500. The board's Judiciary Committee will take up the ordinance on March 11.

Hemp

Idaho House Committee Files Hemp Bill. Acting on the behest of the state Farm Bureau, the House Agriculture Committee voted unanimously Wednesday to file legislation to legalize industrial hemp in the state -- the only state yet to do so. The committee vote sets the stage for a full hearing on the bill, which agriculture leaders say they hope will end years of debate on legalizing the crop.

Drug Testing

Utah Bill Would Ban Hair Follicle Drug Tests in Child Welfare Cases. Rep. Christine Watkins (R-Price) has filed House Bill 73, which would ban the use of hair follicle drug tests in child welfare cases. "It discriminates against people with dark hair," she said in a House Judiciary Committee hearing Tuesday. "This is very, very disturbing," Watkins said. "Melanin in dark hair binds with the drugs for a longer time." That means Black and Hispanic parents disproportionately test positive in those tests, she added. The bill has the support of the state Department of Child and Family Services, which said it had been moving away from using the tests.

Law Enforcement

Baltimore Police Unveil New Stop and Search Policies to Comply with Federal Consent Decree. Police Commissioner Michael Harrison announced Wednesday that the department has implemented a new "stops, searches and arrests" policy as the department seeks to comply with a federal consent decree and eliminate unconstitutional interactions with the public. Under the policy, officers will be trained in what constitutes "reasonable, articulable suspicion" for stopping a citizen. The new policy makes clear that someone fleeing when he sees police is not an adequate reason to stop and investigate him. Police had frequently resorted to "jump outs at corners," jumping out of their vehicles at corners known for drug trafficking and detaining anyone who ran away. No more.

Book Review: Three Takes on the Opioid Crisis [FEATURE]

RX Appalachia: Stories of Treatment and Survival in Rural Kentucky, by Lesly-Marie Buer (2020, Haymarket Books, 264 pp., $22.95 PB)

Death in Mud Lick: A Coal Country Fight Against the Drug Companies That Delivered the Opioid Epidemic, by Eric Eyre (2020, Scribner, 289 pp., $28.00 HB)

White Market Drugs: Big Pharma and the Hidden History of Addiction in America, by David Herzberg (2020, University of Chicago Press, 365 pp., $27.50 HB)

America remains in the grip of what is arguably its third great opioid addiction and overdose crisis. It began in the late 1990s as doctors tried to address an historic problem of under-prescribing and unavailability of opioids for chronic pain treatment that affected many patients. But mistakes were made along the way, and a massive tide of not always well targeted prescription opioids swamped the country. As regulators and law enforcement cracked down on pain pills, that morphed into a deadly wave of heroin addiction. And then we got fentanyl, which quickly took first place as a cause for overdose deaths. Produced mostly in China and Mexico, fentanyl is used by some hardcore addicts with high tolerance, but mainly appears as an adulterant added to heroin or in counterfeit prescription pills.

The authors of the three books reviewed here take on various aspects of the phenomenon, from the granular nitty-gritty of the lives of poor, white, female drug users ensnared in the treatment and rehab system in present-day Appalachia, to a state-level look at how drug distribution companies flooded West Virginia with literally billions of prescription opioids, to a long-term overview of the effort to regulate drugs and the subsequent -- and enduring -- historic division of drug use and users into markets black and white. (And by white markets, we are referring not only to legality but also, sadly yet unsurprisingly, skin color.)

Taken together, the three books weave a damning indictment of pharmaceutical companies, the people and entities that are supposed to regulate them, and the moral crusaders who -- too often, successfully -- use the issue of drug use to call for repressive policies, especially aimed at people who aren't "good people;" that is, poor and/or non-white people.

There are also some things the books don't do more than tangentially. They don't touch on the issue of access to pain medications for chronic pain patients. These are people who often suffer not from too-easy access to prescription opioids, but from obstacles to access, and who have suffered even more as politicians and regulators moved to rein in what they argue is massive overprescribing of such medications.

Whether it's being prosecuted for seeking their medicine in the black market or being forced to jump through hoops to obtain their medicine or being refused it altogether in the white market, these are people whose access to the medicines they need is encumbered. Their story is an important part of the debate over opioids (and drug policy more generally), but it gets only a side mention in one of these three works. But over-prescribing of opioids and under-prescribing of them continue to coexist.

The books also don't attempt to disentangle supply-driven opioid abuse, from the so-called "deaths of despair." The same social and economic factors that have driven up the suicide rate in recent decades, and which arguably helped to elect Donald Trump, increase the rates at which drugs are used and abused, including opioids. That in turn leads to more overdose deaths, and some apparent overdoses actually are suicides.

And the authors don't ask their readers to question whether any given "pill mill" or seemingly too large prescription, is really what it looks like. If we accept that abuses in the supply system have played a role in the opioid crisis, that doesn't mean that any given doctor or pharmacist or distributor is guilty as charged. A medical practice with patients treating patients from hundreds of miles away, could be a "pill mill," but it could also have the one doctor who understands pain treatment and is willing to work with poor people whom other doctors view as too risky. A prescription that seems huge because of the number of pills, could represent diversion to the underground market – or it could mean that a long-term pain patient who needs a large dosage because of tolerance built up over time, and who doesn't use technology like a medically-inserted morphine pump, is reliant on pills and their standard-sized dosages that are designed for less tolerant patients. Without considering those contexts, pill numbers can be a misleading metric, at least some of the time.

The books do discuss some options for making effective opioid addiction treatments more easy for more patients to obtain, or for reducing the likelihood of a user coming to serious harm. But the most effective treatment for this type of addiction is the use of other opioids, in what's known as Medication Assisted Treatment (MAT). Through controlled use of methadone or buprenorphine supplied by clinics, people with opioid addictions are able to stabilize their lives and avoid catastrophic physical harms, while maintaining responsibilities like work and family needs. Making MAT available through a doctor's office, while training doctors in their use, would reduce the harm of opioid addiction by providing a legal alternative that works -- in this case a quality-controlled opioid. Offering HAT, too -- heroin assisted treatment, or heroin maintenance, as Canada and some European countries do for people who have tried methadone or buprenorphine without succeeding -- would do more.

And that begs the question about prohibition itself. Though some may find it counterintuitive to talk about legalization as a solution to a problem driven by increased drug availability, it is the case that this opioid crisis in its entirety has transpired under the current system – a system in which all drugs of this type are illegal unless one has a prescription, and in which most people are usually not supposed to be given prescriptions. Fentanyl, which today accounts for 2/3 of US opioid deaths and has room to spread geographically and increase further, is a textbook example of the consequences of prohibition -- most people taking it, and nearly all of those who die from it, thought they were taking something else. If people who developed addiction problems had access to predictable, (relatively) safe, easy to access and financially affordable options, that might be better even than a less heavy-handed system but still prohibition-based system.

All that said, there is an opioid crisis. These three books provide an eye-opening and important look at some critical sides of the phenomenon.

Lesly-Marie Buer is a Knoxville-based harm reductionist and medical anthropologist whose RX Appalachia is a compelling examination of the socially constructed suffering of mainly poor, white women who use drugs in a cluster of eastern Kentucky counties. She spent months living in the area, followed the women to court, to drug treatment, and opioid maintenance programs, and interviewed them extensively over time.

The result is a nuanced portrayal of these women's lives and struggles as they contend with the demands of institutions of social control even as they have to deal with poverty, child custody issues, and their stigmatization as drug users and therefore bad mothers. In that very important sense, RX Appalachia gives voice to the voiceless.

It also voices an unrelenting critique of a social and political system that provides unequal access to resources, chronically underfunds services to the poor and needy -- including but not limited to drug treatment and mental health services -- and is more willing to impose social controls on these women than to help them deal with the complexities of their lives. Appalachia RX is an important contribution to our understanding of the way drug policies, as well as broader social and economic trends, play out on the bodies of these multiply oppressed women.

How some of those women got strung out in the first place is the subject matter of Death in Mud Lick, still in Appalachia and just across the West Virginia line from those Kentucky women. Charleston Gazette-Mail reporter Eric Eyre won a Pulitzer Prize for his years of doggedly chasing down the story of how drug distribution companies pumped billions of opioid pain pills into the state in just a few years, and here, he puts that reporting in book form. It's quite a tale.

Eyre starts with a single drug overdose death, and by the time he's done, has unraveled a tangled tale of negligence, indifference, and profit-driven decision-making that left 1,728 West Virginians dead of drug overdoses in a six-year period. Thanks to Eyre's journalistic persistence and to a legal team determined to get to the bottom of the flood of pain pills that overwhelmed the state (and the region and the nation), we now know that drug companies dumped some 780 million hydrocodone and oxycodone tablets into the state during that same period.

There's plenty of blame to go around. Pharmaceutical corporations such as Purdue aggressively promoted their opioid products, doctors turned medical practices into pill-prescribing machines, pharmacies blithely filled numberless prescriptions, and drug distribution companies such as Cardinal and McKesson just as blithely delivered all those pills to the pharmacies, despite warning signs.

And regulators failed to regulate. Whether it was the state Board of Pharmacy or the DEA, regulators were asleep at the switch as an opioid epidemic grew right in front of them. And state officials were compromised by ties with the pharmaceutical industry and the distributors.

Eyre tells his tale with journalistic panache, taking the reader with him as he and his struggling newspaper take on the state political establishment and the distributors in the court battles that ultimately forced the companies and the DEA to release the records that documented the deluge of opioids. Death in Mud Lick is a real eye-opener.

But for David Hertzberg, an associate professor of history at the University of Buffalo and author of White Market Drugs, Eyre's story is just the latest chapter in the long history of America's effort to control drugs. Hertzberg begins with the opioid crisis of the late 19th Century and ably describes how the competing forces seeking to deal with it -- therapeutic reformers, repressive moral entrepreneurs, pharmaceutical companies, the medical profession -- created a class- and race-based bifurcation of the world of psychoactive substances into "medicines" and "drugs."

If it was prescribed by a physician, it was medicine. If not, not. The world of legal, regulated drugs became Hertzberg's white market. The world of repressed, prohibited drugs is the familiar black market. One serves middle-class white people and is concerned with consumer safety. The other serves the poor, the unconnected, the immigrant, the people of color, whose drug use and sales are considered crimes.

The history of drugs in America is well-trodden ground, but Hertzberg brings both new revelations and a new perspective to the subject. The drug reform movement's archvillain, Harry Anslinger, the master of Reefer Madness propaganda, becomes more than one-dimensional as Hertzberg tells the story of his strict scientific approach to opioids. As head of the Federal Bureau of Narcotics, Anslinger enlisted a Committee on Drug Addiction to closely study opioids, and those scientists even developed their own new opioids (they were market flops), as well as closely measuring the addictive potential of other potential new opioid products. Here, Anslinger was acting not as the heavy-handed lawman, but as the protector of white market consumers.

And as he tells the story of pharmaceutical companies continually coming up with new psychoactive products, patterns begin to occur. After the original drug prohibition laws a century ago effectively suppressed opioid use for decades, the pharmaceutical companies came up with barbiturates in the 1930s, amphetamines in the 1940s and 1950s, benzodiazepines in the 1970s and 1980s, before hitting it big again with opioids in the OxyContin-led bonanza beginning in the 1990s and lingering like a bad hangover to the present day. In all those cases, the profit motives of the drug makers overwhelmed regulatory structures designed to protect those good, deserving consumers of the white market -- even as the drug companies demonized black market drug users for causing the problems.

Given this history of pharmaceutical and regulatory fecklessness, Hertzberg comes to a shocking, but not really surprising conclusion: Left to their own devices, profit-drive drug companies peddling addictive products will function in ways that are incompatible with the public health. In Hertzberg's words:

"Profit-driven drug markets follow a predicably damaging cycle. Companies hype new medicines as safe and beneficial and sell with insufficient regard for consumer safety; a health crisis ensues as consumers are left ill-equipped to make informed decisions; authorities respond with consumer protections and destructive drug wars; the pharmaceutical industry devises strategies to circumvent the new restrictions and start the cycle again. After umpteen repetitions of this cat and mouse game, it may be time to acknowledge the impossibility of establishing a safe, for-profit market for addictive drugs. Alternatives exist: state monopolies, for example, or public utility models. We need to consider these and other creative ideas for dramatically minimizing or even eliminating profit from psychoactive capitalism."

Whether a shift to models of that type is what's needed, or just better regulation, is a question for debate. But it's clear that ending drug prohibition isn't enough. Reimagining the white market is necessary, too.

Fed Judge Approves Purdue Pharma Settlement, US Drops Case Against Ex-Mexican Defense Minister, More... (11/18/20)

Mississuppi's higest court agrees to a hear a challenge to the voter-approved medical marijuana initiative, New York City public hospitals say no more drug testing pregnant women without their consent, and more.

Purdue Pharma will cop to serious felonies and pay $2 billion in a settlement with the DOJ. (Creative Commons)
Medical Marijuana

Mississippi High Court Takes Up Challenge To Medical Marijuana Measure. Whether voters will actually get the medical marijuana program they approved at the polls earlier this month is now in question after the state Supreme Court announced Tuesday it will take up a challenge to its validity. The challenge was filed by the mayor of the town of Madison days before the election. It argues that the measure is invalid because of a state signature-gathering requirement that is impossible for any initiative to actually comply with. Initiatives are supposed to only get one-fifth of their signatures from each congressional district, but the state now has only four.

Heroin and Prescription Opioids

Federal Judge Approves Purdue Pharma OxyContin Settlement. A federal judge in New York has approved a settlement in a case brought by the Justice Department against Purdue Pharma, the maker of OxyContin. Under the agreement, the company must plead guilty to "multiple serious felonies" in coming days. It will cop to conspiracy to defraud the United States, breaking laws against kickbacks, and one other count. The settlement also includes a $2 billion payout, with the federal government getting $225 million and states getting $1.775 billion to fight opioid addiction.

Drug Testing

New York City Public Hospitals Will Stop Drug Testing of Pregnant Women. Responding to an announcement that the city's Commission on Human Rights is investigating racial bias in the drug testing and reporting to child welfare authorities of pregnant women at three major hospitals, the city's public hospitals have announced they will no longer drug test pregnant women unless they have written consent. This is a change from the previous policy of the City Health and Hospitals Corporation, under which doctors and nurses did not need to inform pregnant patients they were being drug tested.

Foreign Policy

US Abandons Drug Case Against Former Mexican Defense Minister. Federal prosecutors made the surprise announcement Tuesday that they are dropping drug charges against former Mexican Defense Minister Salvador Cienfuegos, who was arrested at LAX after arriving in the US last month. The announcement came in a joint statement with Mexican attorney general's office. "The United States has determined that sensitive and important foreign policy considerations outweigh the government's interest in pursuing the prosecution of the defendant," prosecutors said. Cienfuegos was accused of using his position to shield the H2 cartel and going after its rivals. But his arrest without prior notification of Mexican officials has strained ties between the two countries, with Mexican President Andres Manuel Lopez Obrador threatening to look again at agreements allowing DEA agents to operate in the country.

International

Thailand Loosens Drug Laws to Allow Sale and Possession of Drugs for Research Purposes. The Public Health Ministry has issued new regulations loosening controls on Category II drugs, such as cocaine, opiates and opioids, and ketamine. Under the new rules, such drugs can be sold and possessed for medical and scientific research, medical treatment and disease prevention, or for other government purposes. The new rules go into effect in 240 days.

NJ Decrim Advances in Wake of Legalization Vote, NYC to Investigate Hospital Drug Test Racial Bias, More... (11/16/20)

Virginia's governor says he supports marijuana legalization, New Jersey does marijuana and mushrooms decrim in wake of initiative, the White House releases Bolivian coca production estimates, and more.

Marijuana legalization is advancing in Mexico. (Creative Commons)
Marijuana Policy

Michigan Man Imprisoned Since 1994 for Selling Marijuana Seeks Release. The Michigan parole board will take up the case of Michael Thompson on Tuesday. He was convicted in 1994 of selling three pounds of marijuana to a snitch and has been behind bars ever since. Given that marijuana is now legal in the state, Thompson's bid for early release has the support of Michigan Attorney General Dana Nessel and the prosecutor's office that convicted him. He has suffered serious health problems in prison, including testing positive for COVID-19.

New Jersey Legislature Approves Marijuana Decriminalization, Magic Mushrooms, Too. The state Senate and Assembly have approved a measure that decriminalizes the possession of up to six ounces of marijuana, and defelonized the possession of magic mushrooms, too. The move is an interim measure until legalization takes place in January after voters approved it on Election Day. It also includes expungement of past nonviolent marijuana offenses.

Virginia Governor Supports Marijuana Legalization. Following the release of a study that found the state could generate $300 million in marijuana taxes, Gov. Ralph Northam said Monday that he supports marijuana legalization. He plans to work with the General Assembly once it convenes in January, but the process could take up to two years to play out. The state decriminalized possession last year.

Medical Marijuana

Pennsylvania Advisory Board Rejects Insomnia as Qualifying Condition. The state Medical Marijuana Advisory Board has refused to add insomnia as a qualifying condition for medical marijuana use. Board members said they hesitated because insomnia is often caused by an underlying medical issue. The board voted 7-4 against adding insomnia last week.

Drug Testing

New York City to Investigate City Hospitals Over Possible Racial Bias in Drug Testing. The City Commission on Human Rights announced Monday that is investigating allegations of racial bias at three top city hospitals over their policies around the drug testing of pregnant women and newborns. Advocates said that Black and Hispanic families are being reported to state child abuse authorities following a single positive drug test, even though, they said, just a single positive test result does not merit a report. The commission cited studies that show Black women are much more likely to be subjected to maternal drug testing than white women, even though both groups use drugs at similar rates.

Foreign Policy

ONDCP Releases Data on Coca Cultivation and Cocaine Production in Bolivia. Last Friday, the White House Office of National Drug Control Policy (ONDCP) released the United States Government's annual estimates of coca cultivation and cocaine production potential for the Plurinational State of Bolivia. According to these estimates, Bolivia remains the third largest producer of cocaine in the world. Bolivia's coca cultivation totaled 42,180 hectares in 2019, an increase of 28 percent over 2018. Commensurate cocaine production potential increased 20 percent to 301 metric tons. The Yungas region remained the largest coca cultivation area in Bolivia, while the Chapare region represents the second largest. Cultivation exceeded the 22,000 hectares limit established by the Bolivian government by an estimated 20,180 hectares, or 92 percent.

International

Mexican Senate Committees Approve Marijuana Legalization Bill with Floor Vote Planned Soon. Last Friday, three Senate committees gave preliminary approval to a marijuana legalization bill, with a formal vote set for this week. The bill would let people 18 and over possess up to an ounce and grow up to four plants for personal use. Advocates are still hoping for further revisions to promote consumers' rights and social equity in the legal market.

MT Supreme Court Throws Out Lawsuit Against Pot Initiatives, US Imprisonment Rate at 25-Year Low, More... (10/22/20)

The Montana marijuana legalization initiatives have survived a last-minute legal challenge, the ACLU and DPA challenge the murder conviction of a meth-using California woman whose fetus was stillborn, and more.

There are fewer people behind bars in the US again this year. (Pixabay)
Marijuana Policy

Montana Supreme Court Quickly Rejects Lawsuit Against Marijuana Ballot Initiatives. The Montana Supreme Court denied and dismissed a lawsuit seeking to remove CI-118 and I-190, the complementary marijuana legalization initiatives, from the November ballot. I-190 is a statutory initiative that would legalize, regulate, and tax marijuana for adults 21 and over. CI-118 is a constitutional initiative that would allow I-190 to set the minimum age at 21. The initiatives are complementary and work together to establish a careful framework for legalizing marijuana in Montana. 

Reproductive Rights

ACLU, DPA File Brief in Support of Motion to Reopen Case of Meth-Using California Woman Convicted of Murder for Stillborn Birth. The ACLU of Northern California and Drug Policy Alliance filed briefs in support of a motion to allow for Adora Perez, who is serving 11 years in prison for manslaughter after delivering a stillbirth baby, to appeal her case. Attorneys Mary McNamara and Audrey Barron of Swanson & McNamara LLP and Matthew Missakian of the Law Office of C. Matthew Missakian filed the motion, arguing that "Ms. Perez was prosecuted for a crime that doesn’t exist and is now imprisoned basedon a plea that shouldn’t have been accepted." Perez was charged with murder in 2017 for taking methamphetamines while pregnant, even though "California law explicitly exempts women from murder liability for any actions they take that may end their pregnancy." Her attorney at the time told her to plead guilty to manslaughter and serve 11 years in prison to avoid worse charges.

Sentencing Policy

US Imprisonment Rate at Lowest Rate Since 1995.he combined state and federal imprisonment rate of 419 sentenced prisoners per 100,000 U.S. residents in 2019 was the lowest imprisonment rate since 1995, the Bureau of Justice Statistics announced Thursday. The imprisonment rate in 2019 marked a 17% decrease from 2009 and a 3% decrease from 2018, and it marked the 11th consecutive annual decrease. The imprisonment rate—the portion of U.S. residents who are in prison—is based on prisoners sentenced to more than one year. An estimated 14% of sentenced state prisoners were serving time for murder or non-negligent manslaughter at year-end 2018, and 13% were serving time for rape or sexual assault. At the end of fiscal-year 2019, 46% of sentenced federal prisoners were serving time for a drug offense (99% for drug trafficking), and 8% were serving time for a violent offense. The total prison population in the U.S. declined from 1,464,400 at year-end 2018 to 1,430,800 at year-end 2019, a 2% decrease. This marked the fifth consecutive annual decrease of at least 1% in the prison population. At year-end 2019, the prison population had declined 11% from its peak of 1,615,500 prisoners in 2009.

Vets' MedMJ Bills Advance in House, OR Psilocybin Init Looking Good on Signatures, More... (3/12/20)

The Pine Ridge Reservation votes to legalize weed, a pair of veterans' medical marijauna bills move in the House, signature gathering for the Oregon Psychedelic Service Act initiative is looking good, and more. 

Psilocybin molecule. An Oregon initiative would allow for its therapeutic use. (Creative Commons)
Marijuana Policy

Oglala Sioux Tribe Approves Medical, Recreational Marijuana. Oglala Sioux Tribe members on the Pine Ridge Reservation in South Dakota voted Wednesday to legalize medical and recreational marijuana. Both passed by wide margins, with 82% approving medical marijuana and 74% approving recreational marijuana. A proposal to legalize alcohol sales failed with only 44% of the vote. The tribe is now set to be the only one in the nation to legalize marijuana in a state where it otherwise remains illegal.

Medical Marijuana

Congressional Committee Approves Marijuana Bills for Military Veterans. The House Veterans' Affairs Committee has approved two bills focused on marijuana and military veterans. The committee voted 15-11 to approve the Veterans Equal Access Act (HR 1647), sponsored by Rep. Earl Blumenauer (D-OR), which would allow doctors at the U.S. Department of Veterans Affairs (VA) to recommend medical marijuana to their patients in states where it’s legal. The committee also approved the VA Medical Cannabis Research Act (HR 712), sponsored by Rep. Lou Correa (D-CA),  which would require VA to conduct clinical trials on the medical potential of cannabis in the treatment of conditions that commonly afflict veterans. It was approved in a voice vote.

Iowa House Approves Medical Marijuana Expansion Bill. The House on Wednesday passed a bill that adds more qualifying conditions, allow more doctors to recommend patients for the program, and raise limits on THC content. The bill now heads to the Senate. Although Gov. Kim Reynolds (R) vetoed a similar bill last year, she said she is comfortable with this bill.

Tennessee Senate Committee Advances Medical Marijuana Bill, But Poison Pill Added. A medical marijuana bill, SB 2334, was approved by the Senate Health and Welfare Committee, but only after a poison pill amendment that would only allow the bill to take effect if marijuana is rescheduled as a Schedule II substance under federal law. A similar bill is moving in the House.

Drug Testing

Pennsylvania Mom Sues Hospital over Drug Test That Led to Child Abuse Probe. A mother who gave birth in the University of Pittsburgh Medical Center hospital has now filed a suit against the facility charging that it collected and tested her urine for drugs without her consent while she was in labor and reported a false positive result to protective services that resulted in a child abuse investigation. This is the second such lawsuit filed against the hospital since 2014.

Psychedelics

Oregon Psilocybin Initiative Already Has 100,000 Raw Signatures. Campaigners for IR 34, the Oregon Psilocybin Service Act, say they already have 100,000 raw signatures. They need 112,000 valid voter signatures by July to qualify for the November ballot. The initiative would allow adults to visit licensed facilities to have the drug administered under the supervision of medical professionals.

Chronicle AM: Federal Marijuana Justice Act Refiled, Good NM Pregnancy Bill, More... (2/28/19)

A bill to end federal marijuana prohibition has been filed in the House and Senate, a Hawaii decriminalization bill advances, a New Mexico bill would attempt to aid drug-using pregnant women--not punish them--and more.

Sen. Cory Booker and others have refiled the Marijuana Justice Act. (Creative Commons)
Marijuana Policy

Federal Marijuana Justice Act Refiled. Sen. Cory Booker (D-NJ) has refiled the Marijuana Justice Act, which would end federal prohibition by removing pot from the list of controlled substances. Cosponsors include other Democratic presidential contenders, such as Sens. Kirsten Gillibrand (D-NY), Kamala Harris, (D-CA), Elizabeth Warren (D-MA), and Bernie Sanders (I-VT), as well as Oregon Sen. Jeff Merkley, who is considering a bid. In the House, Rep. Barbara Lee (D-CA) filed identical legislation.

Florida Legalization Bills Filed. A pair of Democrats have filed a pair of linked marijuana legalization bills. Reps. Michael Grieco of Miami and Carlos Guillermo of Orlando filed HB 1117 and HB 1119. The former legalizes marijuana and sets up a system of regulated production and sales, while the latter provides for taxes and fees on the trade.

Hawaii Decriminalization Bill Advances. The House Judiciary Committee on Wednesday approved HB 1383, which would decriminalize both marijuana possession and distribution, making them punishable only by a fine. The bill also provides for the expungement of previous marijuana offenses. It now heads for a House floor vote.

Medical Marijuana

South Carolina Medical Marijuana Bill Stalled. The Compassionate Care Act, SB 366, is stalled in the Senate, Senate Medical Affairs Subcommittee Chairman Tom Davis (R-Beaufort) said after a hearing Wednesday. He said that after hearing from stakeholders, lawmakers want to amend the bill and hold it in committee until they have several more hearings.

Pregnancy

New Mexico Bill Would Aid Drug-Using Pregnant Women, Not Punish Them. Rep. Christine Trujillo (D-Albuquerque) has filed HB 230, which would shift the way the state reports child abuse when a woman tests positive for drugs during pregnancy. Instead of immediately notifying authorities that a woman is using drugs during pregnancy, state organizations would create a "Plan of Safe Care" that would provide guidelines for preventing future drug use in hope of delivering healthy babies. The bill has already passed the House Health and Human Services Committee but faced a tough House Judiciary Committee Wednesday.

International

Switzerland Could Let Up to 5,000 People Smoke Pot Legally for Studies. The Swiss government said Thursday it could let up to 5,000 people legal smoke marijuana in pilot studies aimed at shaping rules for recreational use of the drug. The cabinet has proposed limited pilot projects that could lead to a change in the country's ban on marijuana, which dates back to 1951. The plan will be open for public comment until midyear.

(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: El Chapo Convicted on All Counts, NY Legal Pot Politics Heats Up, More... (2/12/19)

The former leader of the Sinaloa Cartel has been found guilty on all counts at his trial in New York City, Sri Lanka advertises for hangmen as the president there vows to resume drug executions, South Dakota House members defy their governor and approve a hemp bill, and more.

Joaquin "El Chapo" Guzman being arrested in Mexico. He's now been found guilty in a court in New York. (sedena.gov.mx)
Marijuana Policy

New York Pot Legalization Foes Lobby in Albany. Groups opposed to marijuana legalization gathered at the Capitol Monday to urge lawmakers to reject the idea. Led by Kevin Sabet of Smart About Marijuana, foes warned that legalization would lead to increased use among schoolchildren—even though that hasn’t been the case in early legalization states such as Colorado and Washington. Sabet was joined at the Capitol by representatives of the state PTA, the Police Conference of New York and representatives of groups that deal with drug and alcohol addiction, all of which oppose legalization.

New York Coalition Urges Governor Cuomo to Improve Marijuana Legalization Bill to Center Racial and Economic Justice. Members of the Start SMART NY coalition (Sensible Marijuana Access through Regulated Trade) Tuesday laid out their vision for a just marijuana industry and demanded that Governor Andrew Cuomo incorporate the Marijuana Regulation and Taxation Act (A.1617) into his proposed recreational marijuana legalization plan. The act is model legislation to create a taxed and regulated adult-use marijuana market that not only creates economic opportunities for all New Yorkers but also addresses the harms of decades of prohibition. 

Hemp

South Dakota House Ignores Governor, Passes Hemp Bill. Rejecting advice from Gov. Kristi Noem (R) to leave hemp alone this year, the House on Monday voted 65-2 to pass HB 1191, which would give farmers and producers the green light on hemp production beginning July 1. The bill now heads to the Senate, where GOP leaders say it will likely pass.

Law Enforcement

El Chapo Convicted on All Counts. Joaquin Guzman Loera, known by various aliases, including “El Chapo” and “El Rapido,” was convicted today by a federal jury in Brooklyn, New York of being a principal operator of a continuing criminal enterprise – the Mexican organized crime syndicate known as the Sinaloa Cartel – a charge that includes 26 drug-related violations and one murder conspiracy.  Guzman Loera was convicted of all 10 counts of a superseding indictment, including narcotics trafficking, using a firearm in furtherance of his drug crimes and participating in a money laundering conspiracy.  The verdict followed a 12-week trial before U.S. District Judge Brian M. Cogan.  Guzman Loera faces a mandatory sentence of life imprisonment. Sentencing has been set for June.

Pregnancy

Tennessee Bill Would Prosecute Mothers for Drug Use While Pregnant. A bill filed last week, SB 659, would authorize a woman to be prosecuted for assault based on the person using a narcotic drug illegally while pregnant if the child is born addicted to or harmed by the drug used. A woman could avoid prosecution under the bill if she was actively enrolled in an addiction recovery program before the child was born if she remained in the program after delivery and successfully completed the program. An identical bill has been filed in the House.

International

Sri Lanka Advertises for Hangmen as President Pushes for Harsher Drug War. The government has begun advertising for hangmen after President Maithripala Sirisena said last week he wanted to resume capital punishment for drug traffickers within 60 days. Although drug trafficking is already a capital offense in the country, no one has been executed for any crime there since 1976. Last month, during a visit to the Philippines, Sirisena praised President Rodrigo Duterte’s bloody war on drugs, which has resulted in the deaths of thousands.

Chronicle AM: IL, NY Governors Embrace Pot, PA Bid to Punish Drug Using Pregnant Women, More... (1/15/19)

William Barr suggests he'll keep hands off of state-legal marijuana, New York's governor unveils his marijuana legalization plan, government witnesses in the El Chapo trial undercut Trump's drug justification for his border wall, and more. 

Governors are seeing dollar signs in marijuana legalization. (Creative Commons)
Marijuana Policy

US Attorney General Nominee Says He Supports Federal Pot Prohibition, But Won't Go After State Law-Compliant Operations. During his confirmation hearing Tuesday, attorney general nominee William Barr said he would support banning marijuana “everywhere,” but that he did not want to “upset settled expectations” in states that have already legalized marijuana. “I’m not going to go after companies that have relied on the Cole Memorandum,” Barr told the committee. “However, we either should have a federal law that prohibits marijuana everywhere, which I would support myself because I think it’s a mistake to back off marijuana. But if we want a federal approach, if we want states to have their own laws, let’s get there and let’s get there the right way.”

Ilinois Governor Reiterates Pledge to Legalize Marijuana. In his inaugural address Monday night, incoming Gov. JB Pritzker (D) confirmed that he will indeed move ahead with a plan for marijuana legalization. “In the interests of keeping the public safe from harm, expanding true justice in our criminal justice system, and advancing economic inclusion, I will work with the legislature to legalize, tax and regulate the sale of recreational cannabis in Illinois,” Pritzker said. A placeholder bill has already been filed in the Senate.

New York Governor Unveils Marijuana Legalization Plan. Gov. Andrew Cuomo (D) on Tuesday unveiled his plan to legalize marijuana in the state. His plan calls for a 22% tax on wholesale sales and a per-gram tax on growers. It would also set up licensing programs for growers, distributors, and retailers, with growers barred from opening retail shops. The plan would allow cities and counties the option of banning marijuana sales in their jurisdictions. Cuomo also vowed to institute expungement for past pot possession convictions.

Pregnancy

Pennsylvania Senator Wants to Punish Women Who Use Drugs While Pregnant. Late last month, the state Supreme Court ruled that pregnant women who use drug cannot be charged with child abuse because a fetus is not a child. That was too much for state Sen. Don White (R-Indiana County), who issued a press release Monday announcing plans to file a bill that would allow the state to punish them. "Regardless of what the court may rule, a mother's responsibility begins before her child is born and that should not be erased by a perceived ambiguity in the law," White said in a press release. The move is opposed by the ACLU of Pennsylvania, which said the issue is much more complex.

The Border

Government Witnesses in El Chapo Trial Testify That They Trafficked Drugs Through Tunnels, Ports of Entry, Not Over Wall-less Border. Sinaloa cartel members testifying as government witnesses at the trial of imprisoned cartel leader Joaquin “El Chapo” Guzman testified that most of the drugs they smuggled into the US came in fishing boats, trains, semi-trucks, and passenger vehicles entering the country at ports of entry. They testified that they've also used tunnels under the border, but none testified that they pushed drugs across an unwalled border. 

Chronicle AM: Bad Drug Bill Dropped From Fed Opioid Package, Acapulco Cops Disarmed, More... (9/26/18)

A bad provision gets stripped out of the congressional opioid package, a Pennsylvania legislator files a legalization bill, Mexican Marines disarm Acapulco cops, and more.

The Mexican military disarms all the cops in Acapulco amidst allegations of drug gang links. (Creative Commons)
Marijuana Policy

Pennsylvania State Rep Files Bill to Legalize Marijuana. State Rep. Jake Wheatley (D-Allegheny) has introduced a bill to legalize marijuana for adults and expunge the records of people convicted of past pot-related crimes. "My bill would immediately release people jailed for crimes associated with cannabis," Wheatley said in a news release. "Those who have criminal histories related to cannabis would be expunged, and professional and driver's licenses that were revoked or suspended due to cannabis-related crimes would be reinstated. For far too long, the criminal justice system has unfairly punished Pennsylvanians, especially minorities, who are caught with cannabis." The bill also would create a system of taxed and regulated marijuana commerce. It's not yet available on the legislative website.

Drug Policy

Damaging Drug War Provision Excluded From Congressional Opioid Package. Late last night, the final text for the Congressional opioid package was released. SITSA, a sweeping bill expanding penalties on synthetic drugs and the broader war on drugs -- passed the House in July, and was expected to be included in the final bill. But a coalition of drug policy and criminal justice reform groups managed to push back against its inclusion, successfully keeping it out of the bill. "This is a huge win for public health over outdated drug war approaches," said Michael Collins of the Drug Policy Alliance's national office. "The bill would have expanded mass incarceration, while worsening the overdose crisis. It would have given Jeff Sessions unprecedented powers to schedule drugs and set draconian new criminal penalties. To pull this back from the brink after it easily passed the House only two months ago is a tremendous victory."

Pennsylvania Supreme Court to Decide Whether Maternal Drug Use Equals Child Abuse. The state's highest court on Tuesday began weighing whether women who abuse drugs during their pregnancies can be punished under state law as child abusers. The court has never addressed the matter, which is again igniting debate as the opioid crisis spawns a new generation of babies born dependent on their mothers' drugs. The justices heard oral arguments in the case of a woman who gave birth in January 2017 to a child who spent 19 days in the hospital being treated for drug withdrawal. The woman had tested positive for marijuana, opioids, and anxiety drugs. The child was taken into custody by Children and Youth Services, and the mother was charged with child abuse.

New Psychoactive Substances

DC Mayor Backs Bill Penalizing Dealers of Synthetic Cannabinoids. Mayor Muriel Bowser has proposed emergency legislation to go after dealers in synthetic cannabinoids as the District suffers from a spike in "fake weed" overdoses. "This is not marijuana," Bowser said at a Tuesday news conference. "The effects are very different, and they can be deadly." The city already prohibits the sale of synthetic drugs, but this bill would expand that ban.

International

Mexican Marines Disarm Entire Acapulco Police Force Over Links to Drug Gangs. Authorities in the state of Guerrero disarmed and placed under investigation the entire police force of Acapulco, the state's largest city, claiming the local police were infiltrated by drug gangs. Two top Acapulco police commanders were also charged with homicide. Last year, Acapulco had a murder rate of 103 per 100,000 residents, one of the highest in the world.

Venezuela Calls on Colombia to Take Action on Drug Trafficking. The Foreign Ministry called Tuesday for its eastern neighbor to "assume international responsibilities for the damage caused by the drug trafficking industry." Caracas wants Bogota to redouble its anti-trafficking efforts in light of the "alarming increase" in coca cultivation in Colombia reported by the UN Office on Drugs and Crime last week. "For the government of the Bolivarian Republic of Venezuela, it is even more worrisome that, according to said report, one of the most affected departments is precisely the north of Santander, bordering Venezuela, from where groups of drug trafficking and paramilitary violence are constantly attacking the population, the economy, and Venezuelan institutions. Venezuela urges the Colombian authorities to make sincere and effective efforts to assume international responsibilities for the damage caused by the drug trafficking industry to neighboring countries and the world," the ministry said.

[Disclosure: Drug Policy Alliance is a funder of the organization that publishes this newsletter.]

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