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Chronicle AM: NJ, PA Move to Increase Opioid Sentences, Canada Legal Pot Delayed?, More... (12/20/17)

Mid-Atlantic state politicos are moving toward harsher sentences for some opioid offenses, Canada's July 1 marijuana legalization date may get bumped back, California's Humboldt County rejects safe injection sites, and more.

Make way! Moves are afoot in New Jersey and Pennsylvania to toughen opioid sentences. (supremecourt.gov)
Harm Reduction

California's Humboldt County Rejects Safe Injection Sites. At its meeting Tuesday, the county board of supervisors voted to send a letter to the sponsor of a state bill that would allow for safe injection sites telling her they weren't interested. The measure, Assembly Bill 186, filed by Assemblywoman Susan Eggman (D-Stockton), would allow certain cities and counties, including Humboldt, to authorize such programs. Some supervisors had moral objections, while others raised cost concerns. Most public commenters at the meeting also opposed the plan.

Heroin and Prescription Opioids

Pennsylvania DAs Want Tougher Fentanyl Laws. The state District Attorneys Association is getting behind a push by Attorney General Josh Shapiro (D) for harsher sentences for fentanyl-related crimes. "Stiffer penalties for fentanyl would go a long way in helping us," Shapiro said during a recent roundtable discussion on drugs. The DAs backed him up a few days later, tweeting that "An increase in sentencing guidelines for #fentanyl will help prevent deaths. PA Sentencing Commission is considering changes."

New Jersey Bill Could Quadruple Prison Sentences for Opioid-Related Offenses. Democratic lawmakers have filed a bill, Assembly Bill 5264, that would dramatically increase sentences for some opioid offenses. Under the bill, the sentence for possessing five grams of heroin would double from a maximum of five years to a maximum of 10 years. People caught possessing 10 grams would see their maximum sentences quadrupled, from five years to 20.

Drug Policy

Acting Chief of Staff at Drug Czar's Office Fired. Lawrence "Chip" Muir, the acting chief of staff and general counsel for the Office of National Drug Control Policy (ONDCP -- the drug czar's office), was suddenly fired Tuesday afternoon. ONDCP has been without a new drug czar since the Trump administration took office, and now it lacks a chief of staff, too. It's not clear why Muir got canned.

International

Canada Not Wedded to July 1 Deadline for Marijuana Legalization. Prime Minister Justin Trudeau seemed to back away from the long-anticipated July 1 rollout date for legal marijuana in an interview Tuesday night. "It won't be July 1," he said, but will happen "next summer." The House of Commons approved legalization legislation last month, but the bill is now being studied by the Senate, which could modify it and possibly delay final adoption.

Indian Government to Craft New Drug Rehab Policy for Addicts. Social Justice and Empowerment Minister Thaawarchand Gehlot told congress Tuesday that the country's 2001 law on rehabilitating drug addicts is under review and that a survey of drug addicts nationwide was underway. An action plan to rehabilitate addicts is now being prepared he said.

Indonesia Officials Threatens "Shoot to Kill" Policy for Drug Dealers Jakarta Deputy Governor Sandiaga Uno has threatened to kill drug dealers who resist arrest. "We are serious [in fighting drugs], we will '810' drug dealers who try to avoid authorities' pursuit," he said, referencing the police code for shooting and killing suspects who try to flee arrest. According to Amnesty International, Indonesian police have killed 80 suspected drug dealers this year, five times the number killed in 2016.

Chronicle AM: Wyden Signs On to Booker Pot Bill, Ithaca Safe Injection Site Talks, More... (12/19/17)

Cory Booker's federal marijuana bill finally finds another sponsor, Kentucky's ag commissioner pronounces himself "dumbfounded" at the DEA's recalcitrant position on industrial hemp, and more.

Cory Booker is feeling just a little less lonely after picking up Ron Wyden as a cosponsor for his marijuana bill. (Wikimedia)
Marijuana Policy

Wyden Signs On to Booker's Federal Marijuana Bill. Sen. Ron Wyden (D-OR) announced Monday that he is cosponsoring Sen. Cory Booker's Marijuana Justice Act, Senate Bill 1689. The bill would remove marijuana from the Controlled Substances Act, allowing states to legalize it without fear of federal interference. The bill would also withhold funds from states that continue to criminalize marijuana and disproportionately arrest and imprison minorities for marijuana offenses, as well as allowing people sentenced under racially biased marijuana law enforcement to file civil lawsuits against their states. Wyden is the only cosponsor of the bill so far.

Hemp

Kentucky Ag Commissioner "Dumbfounded" at DEA Position on Hemp. Agriculture Commissioner Ryan Quarles has written a letter to the DEA requesting a meeting about hemp policy. "I was dumbfounded" to read about the DEA's position that hemp-derived CBD oils are illegal, even if they contain no THC," Quarles wrote. "Consumable hemp products are legal to buy," Quarles noted. But the DEA maintains that hemp is the same thing as marijuana, and DEA spokesman Melvin Patterson responded that Quarles is "knocking on the wrong door." Patterson said the DEA was simply enforcing the Controlled Substances Act, and if people want to change hemp policy, they need to talk to Congress.

Drug Testing

Illinois Roadside Drug Testing Pilot Program Coming Soon. Police in the northwestern town of Carol Stream will begin a pilot roadside drug testing program in February. Officers will use mouth swabs to screen for marijuana, cocaine, amphetamines, methamphetamines, and opiates. Testing will begin on a voluntary basis, with drivers asked if they will consent to giving a saliva sample. The test results could be used to help police build drugged driving cases, but since Illinois does not have a zero tolerance drugged driving policy, test results alone would not be sufficient to prove guilt.

Harm Reduction

Ithaca, New York, Continues Discussions on Safe Injection Site. County officials on Monday continued discussing a proposal from Mayor Svante Myrick to open a safe injection site for heroin users in the city. The county legislature's Health and Human Services Committee heard from proponents of the harm reduction measure in what is the second hearing on the topic in two months.

Looking Back: The Biggest International Drug Policy Stories of the Past 20 Years [FEATURE]

With a thousand issues of Drug War Chronicle under our belts, we look back on the biggest international drug and drug policy stories of the past 20 years. (A companion piece looks at the biggest US domestic drug policy stories.) Here's what we find:

The 1998 UN General Assembly Special Session on Drugs. We've made some progress since then. (Creative Commons)
1. Global Prohibitionist Consensus Starts to Crumble

In 1998, the UN General Assembly Special Session on Drugs (UNGASS), with anti-prohibitionist voices in the room but metaphorically on the outside, pledged itself to eradicating drugs in 10 years. That didn't happen. Now, nearly 20 years later, it is duly chastened, and the chorus of critics is much louder, but the UN still remains a painfully slow place to try to make change in global drug policy.

Yet, despite the foot-dragging in Vienna and New York, albeit at a glacial pace. The 2016 UNGASS couldn't bring itself to actually say the words "harm reduction," but acknowledged the practice in its documents. It couldn't bring itself to resolve to be against the death penalty in drug cases, but a large and growing number of member states spoke out against it. It couldn't officially acknowledge that there is "widespread recognition from several quarters, including UN member states and entities and civil society, of the collateral harms of current drug policies, and that new approaches are both urgent and necessary," even though that's what the UN Development Program said. And the UN admitted to having dropped the ball on making opioid analgesics available in the developing world.

It certainly wasn't ready to talk about drug legalization in any serious fashion. But despite the rigidity within the global anti-drug bureaucracy, driven in part by the hardline positions of many Asian and Middle Eastern member states, the global prohibitionist consensus is crumbling. Many European and Latin America states are ready for a new direction, and some aren't waiting for the UN's imprimatur. Bolivia has rejected the 1961 Single Convention on Narcotic Drugs' provision criminalizing the coca plant, and Canada and Uruguay have both legalized marijuana with scant regard for UN treaty prohibitions. And of course there is Portugal's broad decriminalization system, encompassing all drugs.

There's a real lesson in all of this: The UN drug treaties, the legal backbone of global drug prohibition, have proven to be toothless. There is no effective mechanism for punishing most countries for violating those treaties, at least not relative to the punishing effects they suffer from prohibition. Other countries will take heed.

2. Afghanistan Remains the World's Opium Breadbasket

When the US invaded Afghanistan in late 2001, it entered into a seemingly endless war to defeat the Taliban and, along with it, the opium trade. Sixteen years and more than a trillion dollars later, it has defeated neither. Afghanistan was already the world's leading producer of opium then, and it still is.

According to the UN Office on Drugs and Crime, in 2000, the country produced more than 3,000 tons of opium. The following year, with the Taliban imposing a ban on poppy planting in return for US aid and international approval, production dropped to near zero. But in 2002, production was back to more than 3,000 tons, and Afghan poppy farmers haven't looked back since.

In the intervening years, Afghanistan has accounted for the vast majority of global opium production, reaching 90% in 2007 before plateauing to around 70% now (as production increases in Latin America). It has consistently produced at least 3,000 tons a year, with that amount doubling in selected years.

For years, US policymakers were caught in a dilemma, and drug war imperatives were subordinated to anti-Taliban imperatives. The problem was that any attempt to go after opium threatened to push peasants into the hands of the Taliban. Now, the Trump administration is bombing Taliban heroin facilities. But it hasn't bombed any heroin facilities linked to corrupt Afghan government officials.

Holland's famous cannabis cafes were the first break with global marijuana prohibition. (Creative Commons)
3. Movement Toward Acceptance of Recreational Marijuana

Twenty years ago, only the Netherlands had come to terms -- sort of -- with marijuana, formally keeping it illegal, but, in a prime example of the Dutch's policy of gedogen (pragmatic tolerance), with possession and sale of small amounts allowed. (The Dutch are only now finally dealing with the "backdoor problem," the question of where cannabis cafes are supposed to get their supplies if it can't be grown legally).

The first entities to legalize marijuana were the US states of Colorado and Washington in 2012, and Uruguay became the first country in the world to legalize marijuana in 2014. Canada will become the second country to do so next year. In the meantime, six more US states and the District of Columbia have also jumped on the bandwagon.

While full legalization may yet be a bridge too far for most European and Latin American countries, marijuana decriminalization has really taken hold there, with numerous countries in both regions having embraced the policy. Marijuana has now been decriminalized in Argentina, Austria, Belgium, Belize, Bolivia, Brazil, Chile, Colombia (you can possess up to 22 grams legally), Costa Rica, Croatia, the Czech Republic, Equador, Estonia, Georgia, Greece, Italy, Jamaica, Luxembourg, Malta, Mexico, Moldova, Paraguay, Peru, Portugal, Slovenia, Spain, Switzerland, and Ukraine, among others. Oh, and Iran, too.

4. Andean Whack-A-Mole: The Fruitless Quest to Quash Cocaine

The United States, and to a much lesser degree, the European Union, have spent billions of dollars trying to suppress coca leaf cultivation and cocaine production in Bolivia, Colombia, and Peru. It hasn't worked.

According to the UN Office on Drugs and Crime (UNODC), coca leaf cultivation was just under 500,000 acres in 1998; this week, UNODC reported that coca leaf cultivation was at 470,000 acres last year -- and that's not counting the 75,000 acres under legal cultivation in Bolivia.

When it comes to actual cocaine production, it's pretty much the same story: Again according to the UNODC, cocaine production was at 825 tons in 1998, peaked at just over a million tons a year in 2004-2007, and is now at just under 800 tons. There have been peaks and troughs, but here we are, pretty much in the same place we started.

Military intervention didn't stop it. Military and anti-drug assistance hasn't stopped it. Alternative development programs haven't stopped it. The global cocaine market is insatiable, and nothing has been able to tear Andean peasant farmers from what is by far their best cash crop. Bolivia, at least, has largely made peace with coca -- although not cocaine -- providing a legal, regulated market for coca farmers, but in Peru and Colombia eradication and redevelopment efforts continue to spark conflict and social unrest.

5. Mexico's Brutal Drug Wars

During the 1980s and 1990s, accusations ran rampant that in a sort of pax mafiosi, the Mexican government cut deals with leading drug trafficking groups to not so much fight the drug trade as manage it. Those were the days of single party rule by the PRI, which ended with the election of Vicente Fox in 2000. With the end of single party rule, the era of relative peace in the drug business began to unravel.

As old arrangements between drug traffickers and political and law enforcement figures fell apart, so did the informal codes that governed trafficker behavior. When once a cartel capo would accept his exemplary arrest, during the Fox administration, the gangsters began shooting back at the cops -- and fighting among themselves over who would control which profitable franchise.

Things took a turn for the worse with the election of Felipe Calderon in 2006 and his effort to burnish his political credentials by sending in the army to fight the increasingly wealthy, violent, and brazen cartels. And they haven't gotten any better since. While American attention to Mexico's drug wars peaked in 2012 -- a presidential election year in both countries -- and while the US has thrown more than a billion dollars in anti-drug aid Mexico's way in the past few years, the violence, lawlessness, and corruption continues. The death toll is now estimated to be around 200,000, and there's no sign anything is going to change anytime soon.

Well, unless we take leading 2018 presidential candidate Andres Manuel Lopez Obrador (AMLO) at his word. This week, AMLO suggested a potential amnesty for cartel leaders, indicating, for some, at least, a pax mafiosi is better than a huge, endless pile of corpses.

6. Latin America Breaks Away from US Drug War Hegemony

The US imports its drugs and exports its prohibition-related violence, and the region grows tired of paying the price for America's war on its favorite vices. When once Latin American leaders quietly kowtowed to drug war demands from Washington, at least some of them have been singing a different tune in recent years.

Bolivia under Evo Morales has resolutely followed its own path on legalizing coca cultivation, despite bellows from Washington, successive Mexican presidents weary of the bloodshed turn an increasingly critical eye toward US drug war imperatives, Colombian President Juan Manuel Santos sees what Washington-imposed prohibitionist policies have done to his county and cries out for something different, and so did Guatemalan President Otto Perez Molina before he was forced out of office on corruption charges.

Latin American countries are also increasingly pursuing their own drug policies, whether it's constitutionally protected legalization of personal use amounts of drugs in Colombia, decriminalization of marijuana across the continent, or downright legalization in Uruguay, Latin American leaders are no longer taking direction from Washington -- although they generally remain happy to take US anti-drug dollars.

A North American first: Vancouver's safe injection site opened in 2003. (Creative Commons)
7.Safe Injection Sites Start Spreading

The notion of providing a place where intravenous drug users could shoot up under medical supervision and get access to referrals to public health and welfare services was derided by foes as setting up "shooting galleries" and enabling drug use, but safe injection sites have proven to be an effective intervention, linked to reduced overdoses, reduced crime, and moving drug users toward treatment.

These examples of harm reduction in practice first appeared in Switzerland in the late 1980s; with facilities popping up in Germany and the Netherlands in the 1990s; Australia, Canada, Luxembourg, Norway, and Spain in the 2000s; and, most recently, Denmark and France.

By now, there are nearly a hundred safe injection sites operating in at least 61 cities worldwide, including 30 in Holland, 16 in Germany, and eight in Switzerland. We are likely to see safe injection sites in Ireland and Scotland very soon.

It looks like they will soon be appearing in the United States, too. Officials in at least two cities, San Francisco and Seattle, are well on the way to approving them, although the posture of the federal government could prove an obstacle.

8. And Heroin Maintenance, Too

Even more forward looking as a harm reduction measure than safe injection sites, heroin maintenance (or opiate-assisted treatment) has expanded slowly, but steadily over the past two decades. The Swiss did the first trials in 1994, and now such programs are available there (after decisively winning a 2008 referendum on the issue), as well as Germany and the Netherlands.

Such programs have been found to reduce harm by helping users control their drug use, reducing overdoses, reducing drug-related disease, and promoting overall health and well-being, while also reducing social harms by reducing crime related to scoring drugs, reducing public use and drug markets, and promoting less chaotic lifestyles among participants, leading to increased social integration and better family life and employment prospects.

A Canadian pilot program, the North American Opiate Medication Initiative (NAOMI) produced similar results. Maybe the United States will be ready to get it a try one of these years.

9. New Drugs, New Markets

So far, this has been the century of new drugs. Known variously as "research chemicals," "designer drugs," or fake this and that, let's call them new psychoactive substances (NSPs). Whether it's synthetic cannabinoids, synthetic cathinones, synthetic benzodiazepines, synthetic opioids, or something entirely novel, someone somewhere is producing it and selling it.

In its 2017 annual review, the European Monitoring Center on Drugs and Drug Addictions (EMCDDA) reported in was monitoring 620 NSPs, up from 350 in 2013, and was adding new ones at the rate of over one a week.

These drugs, often of unknown quality or potency, in some cases have wreaked havoc among drug users around the world and are a prime example of the bad things that can happen when you try to suppress some drugs: You end up with worse ones.

The communications technology revolution that began with the world wide web impacts drug policy just as it impact everything else. Beginning with the infamous Silk Road drug sales website, the dark web and the Tor browser have enabled drug sellers and consumers to hook up anonymously online, with the drugs delivered to one's doorstep by Fedex, UPS, and the like.

Silk Road has been taken down and its proprietor, Ross Ulbricht, jailed for decades in the US, but as soon as Silk Road was down, new sites popped up. They got taken down, and again, new sites popped up. Rinse and repeat.

European authorities estimate the size of the dark web drug marketplace at about $200 million a year -- a fraction of the size of the overall trade -- but warn that it is growing rapidly. And why not? It's like an Amazon for drugs.

10.Massacring Drug Suspects in Southeast Asia

Philippines President Rodrigo Duterte has drawn international condemnation for the bloody war he unleashed on drug suspects upon taking office last year. Coming from a man who made his reputation for leading death squads while Mayor of Davao City, the wave of killings is shocking, but not surprising. The latest estimates are that some 12,000 people have been killed.

What's worse is that Duterte's bad example seems to be gaining some traction in the neighborhood. Human rights groups have pointed to a smaller wave of killings in Indonesia, along with various statements from Indonesian officials expressing support for Duterte-style drug executions. And most recently, a Malaysian member of parliament urged his own country to emulate Duterte's brutal crackdown.

This isn't the first time Southeast Asia has been the scene of murderous drug war brutality. Back in 2003, then Thai Prime Minister Thaksin Shinawatra launched a war on drugs that saw 2,800 killed in three months.

Looking Back: The Biggest Domestic Drug Policy Stories of the Past 20 Years [FEATURE]

As Drug War Chronicle marks the publication of its 1,000th issue (with yours truly having authored 863 of them going back to 2000), we reflect on what has changed and what hasn't in the past couple of decades. This piece recounts our domestic drug policy evolution in the US; a companion piece looks at the international picture.

A lot has happened. We've broken the back of marijuana prohibition, even if we haven't killed it dead yet; we've seen medical marijuana gain near universal public acceptance, we've seen harm reduction begin to take hold, we've fought long and hard battles for sentencing reform -- and even won some of them.

But it hasn't all been good. Since the Chronicle began life as The Week Online With DRCNet back in 1997, more than 30 million people have been arrested for drugs, with all the deleterious consequences a drug bust can bring, and despite all the advances, the drug war keeps on rolling. There's been serious progress made, but there's plenty of work left to do. 

Here are the biggest big picture drug stories and trends of the past 20 years:

1. Medical Marijuana

It was November, 1996, when California became the first state to legalize medical marijuana, five years after San Francisco became the first city in the country to pass a medical marijuana measure, thanks in large part to the efforts of activists who mobilized to make its use possible for AIDS patients. Two years later, Alaska, Oregon, and Washington came on board, and three years after that, Hawaii became the first state to allow it though the legislative process. Now, 29 states, the District of Columbia, Guam, and Puerto Rico allow for the use of medical marijuana, and public support for medical marijuana reaches stratospheric levels in polls.

But the battle isn't over. The federal government still refuses to officially recognize medical marijuana, potentially endangering the progress made so far, especially under the current administration, efforts to reschedule marijuana to reflect its medical uses remain thwarted, some of the more recent states to legalize medical marijuana have become perversely more restrictive, and in some of the more conservative states, lawmakers attempt to appease demands for medical marijuana legalization by passing extremely limited CBD-only laws.

2. Marijuana Legalization: In the War on Weed, Weed is Winning

Twenty years ago, pot wasn't legal anywhere, and Gallup had public support for legalization at a measly 25%. A lot has changed since then. It took repeated tries, but beginning in 2012, states started voting to free the weed, with Colorado and Washington leading the way, Alaska and DC coming on board in 2014, and California, Maine, Massachusetts, and Nevada joining the ranks last year. Now, about a fifth of the country has legalized weed, with more states lining up to do so next year, including most likely contenders Delaware, Michigan, New Jersey, and Vermont.

Now, Gallup has support for legalization at 64% nationwide, with even a slight majority (51%) of Republicans on board. The only demographic group still opposed to pot legalization is seniors, and they will be leaving the scene soon enough. Again, the battle is by no means over. Marijuana remains illegal under federal law, and congressional efforts to change that have gone nowhere so far. But it seems like marijuana has won the cultural war, and the rest is just cleaning up what's left of the pot prohibition mess.

3. Marijuana, Inc.: The Rise of an Industry

State-legal marijuana is already a $10 billion dollar a year industry, and that's before California goes on line next month. It's gone from outlaws and hippie farmers in the redwoods to sharp-eyed business hustlers, circling venture capitalists, would-be monopolists, and assorted hangers on, from accountants, lawyers, and publicists to security and systems mavens, market analysts, and the ever-expanding industry press.

These people all have direct pecuniary interests in legal marijuana, and, thanks to profits from the golden weed, the means to protect them. Marijuana money is starting to flow into political campaigns and marijuana business interests organize to make sure they will continue to be able to profit from pot.

Having a legal industry with the wherewithal to throw its weight around a bit is generally -- but not entirely -- a good thing. To the degree that the marijuana industry is able to act like a normal industry, it will act like a normal industry, and that means sometimes the interests of industry sectors may diverge from the interests of marijuana consumers. The industry or some parts of it may complain, for instance, of the regulatory burden of contaminant testing, while consumers have an interest in knowing the pot they smoke isn't poisoned.

And getting rich off weed is a long way from the justice-based demand that people not be harassed, arrested, and imprisoned for using it. Cannabis as capitalist commodity loses some of that outlaw cachet, some ineffable sense of hipster cool. But, hey, you're not going to jail for it anymore (at least in those legal states).

4. The Power of the People: The Key Role of the Initiative Process

The initiative and referendum process, which lets activists bypass state legislatures and put issues to a direct popular vote, has been criticized as anti-democratic because it allows special interests to use an apathetic public to advance their interests, as both car insurers and tobacco companies have attempted in California. It also gets criticized for writing laws without legislative input.

But like any political tool, it can be used for good or ill, and when it comes to drug reform, it has been absolutely critical. When legislatures refuse to lead -- or even follow -- as has been the case with many aspects of drug policy, the initiative process becomes the only effective recourse for making the political change we want. It was through the initiative process that California and other early states approved medical marijuana; it was five years later that Hawaii became the first state where the legislature acted. Similarly with recreational marijuana legalization, every state that has legalized it so far has done it through the initiative process; in no state has it yet made its way through the legislature, although we're hoping that will change next year.

And it's not just marijuana. The initiative process has also been used successfully to pass sentencing reforms in California, and now activists are opening the next frontier, with initiatives being bruited in California and Oregon that would legalize psychedelic mushrooms.

The bad news: Only 24 states have the initiative process. The good news: The ones that do lead the way, setting an example for the others.

Drug prohibition can't be separated from the larger struggle for racial and social justice. (Creative Commons)
5. The Glaring Centrality of Race

It took Michelle Alexander's 2010 publication of The New Jim Crow: Mass Incarceration in the Age of Colorblindness to put a fine point on it, but the centrality of race in the prosecution of the war on drugs has been painfully evident since at least the crack hysteria of the 1980s, if not going back even further to the Nixonian law-and-order demagoguery of the late 1960s and early 1970s.

We've heard the numbers often enough: Blacks make up about 13% of the population and about 13% of drug users, but 29% of all drug arrests and 35% of those doing state prison time for drugs. And this racial disparity in drug law enforcement doesn't seem to be going away.

Neither is the horrendous impact racially-biased drug law enforcement has on communities of color. Each father or mother behind bars leaves a family exploded and usually impoverished, and each heavy-handed police action leaves a bitter aftertaste.

The drug war conveyor belt, feeding an endless number of black men and women into the half-life of prison, is clearly a key part of a system of racially oppressive policing that has led to eruptions from Ferguson to Baltimore. If we are going to begin to try to fix race relations in this country, the war on drugs is one of the key battlefronts. Thanks in part to Alexander's bestseller, civil rights organizations from the traditional to newer movements like Black Lives Matter have devoted increasing focus to criminal justice, including drug policy reform.

6. Harm Reduction Takes Hold

We don't think teenagers should be having sex, but we know they're going to, anyway, so we make condoms available to them so they won't get pregnant or STDs. That's harm reduction. So is providing clean needles to injection drug users to avoid the spread of disease, making opioid overdose drugs like naloxone widely available so a dosing error doesn't turn fatal, passing 911 Good Samaritan laws to encourage and OD victims' friends to call for help instead of run away, and providing a clean, well-lit place where drug users can shoot or smoke or snort their drugs under medical supervision and with access to social service referrals.

Two decades ago, the only harm reduction work going on was a handful of pioneering needle exchanges, thanks to folks like Dave Purchase at the North American Syringe Exchange Network (founded in 1988), and early activists faced harassment and persecution from local authorities. But it was the creation of the Harm Reduction Coalition in 1993 that really began to put the movement on the map.

In this century, harm reduction practices have gained ground steadily. Now, 33 states and DC allow needle exchange programs to operate, 40 states and DC have some form of 911 Good Samaritan laws, and every state in the county has now modified its laws to allow greater access to naloxone.

The next frontier for American drug war harm reduction is safe injection sites, and on the far horizon, opiate-assisted maintenance. There is not yet a single officially sanctioned operating safe injection in the country, but we are coming close in cities such as Seattle and San Francisco. And let's not forget drug decriminalization as a form of harm reduction. It should be the first step, but that's not the world we live in -- yet.

7. Sentencing Fever Breaks

Beginning in the Reagan years and continuing for decades, the number of prisoners in America rose sharply and steadily, driven in large part by the war on drugs. The phenomenon gained America infamy as the world's biggest jailer, whether in raw numbers or per capita.

But by early in the century, the fever had broken. After gradually slowing rates of increases for several years, the number of state and federal prisoners peaked around 2007 and 2008 at just over 1.6 million. At the end of 2015, the last year for which data is available, the number of prisoners was 1.527 million, down 2% from the previous year. And even the federal prison system, which had continued to increase in size, saw a 14% decline in population that year.

But most drug war prisoners are state prisoners, and that's where sentencing reform have really begun to make a difference. States from California to Minnesota to Texas, among others, enacted a variety of measures to cut the prison population, in some cases because of more enlightened attitudes, but in other cases because it just cost too damned much money for fiscal conservatives.

Current US Attorney General Jeff Sessions would like very much to reverse this trend and is in a position to do some damage, for instance, by instructing federal prosecutors to pursue tough sentences and mandatory minimums in drug cases. But he is hampered by federal sentencing reforms passed in the Obama era. Sessions may be able to bump up the number of people behind bars only slightly; the greater danger is that his policies serve as an inspiration for similarly inclined conservatives in the states to try to roll back reforms there.

8. The Rise (and Fall) of the Opioids

In 1996, Purdue Pharma introduced Oxycontin to the market. The powerful new pain reliever was pitched to doctors as not highly addictive by a high pressure company sales force and became a tremendous market success, generating billions for the Sackler family, the owners of the company. Opioid prescriptions became more common.

For many patients, that was a good thing. Purdue Pharma's marketing push coincided with a push by chronic pain advocates -- patients, doctors and others -- to ease prescribing restrictions that had kept many patients in feasibly treatable pain. And which in many cases still do: A 2011 report by the Institute of Medicine found that while "opioid prescriptions for chronic noncancer pain [in the US] have increased sharply . . . [tlwenty-nine percent of primary care physicians and 16 percent of pain specialists report they prescribe opioids less often than they think appropriate because of concerns about regulatory repercussions." As the report noted, having more opioid prescriptions doesn't necessarily mean that "patients who really need opioids [are] able to get them."

While it's popular to blame doctors and Big Pharma for getting a bunch of pain patients addicted to opioids, that explanation is a bit too facile. Many of the people strung out today were never patients, but instead obtained their pain pills on the black market. Through a perverse system of incentives, people on Medicaid could obtain the pills by prescription for next to nothing, then resell them for $40 or $60 apiece to people who wanted them. Some pain management practices were on the cutting edge of relieving pain for patients who needed the help. But others were little more than shady pill mills, popping up in places like Ohio, Kentucky, and Florida -- places that would become the epicenter of an opioid epidemic within a few years.

When the inevitable crackdowns on pain pill prescribing came, legitimate prescribers of course got caught in the crossfire sometimes, especially those who served the poor or the patients who in the worst chronic pain. Their being targeted, or others reining in their prescribing practices, left many patients in the lurch again. And the closure of pill mills left addicted people in the lurch. But there was plenty of heroin to make up for the missing pills the addicted used to take. Mexican farmers have been happy to grow opium poppies for the American market for decades, and Mexican drug trafficking organizations know how to get it to market.

The whole thing has been worsened by the arrival of fentanyl, a synthetic opioid dozens of times stronger than pure heroin, which seems to be coming mostly from rogue Chinese pharmaceutical labs (although the Mexicans appear to be getting in on the act now, too).

And now we have a drug overdose crisis like the country has never seen before, with around 60,000 people estimated to die from overdoses this year, most of them from opioids (by themselves or in combination with alcohol and/or other drugs). The crisis is inspiring both admirable harm reduction efforts and an execrable turn to harsher punishments, while making things harder again for many pain patients. While many argue that the gentle side of the response to this epidemic is because the victims are mainly white, I would suggest that argument pays short shrift to all the years of hard work advocates and activists of all ethnicities have put in to creating more enlightened drug policies.

9. Policing for Profit: The Never Ending Fight to Rein in Asset Forfeiture

Twenty years ago, pressure was mounting in Washington over abuses of the federal civil asset forfeiture program, just as it is now. Back then, passage of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 marked an important early victory in the fight to rein in what has tartly described as "policing for profit." It was shepherded though the house by then Judiciary Committee Chairman Rep. Henry Hyde, an Illinois Republican.

How times have changed. Now, with federal agents seizing billions of dollars each year though civil forfeiture proceedings and scandalous abuse after scandalous abuse pumping up the pressure for federal reform, the Republican attorney general is calling for more asset forfeiture. And Jeff Sessions isn't just calling for it; he has undone late Obama administration reforms aimed at reining in one of the sleaziest aspects of federal forfeiture, the Equitable Sharing program, although he is having problems getting Congress to go along.

In the years since CAFRA, a number of states have passed similar laws restricting civil asset forfeiture and directing that seized funds go into the general fund or other designated funds, such as education, but state and local police have been able to evade those laws via Equitable Sharing. Under that program, instead of seizing money under state law, they instead turn it over to the federal government, which then returns 80% of it to the law enforcement agency -- not the general fund and not the schools.

This current setup, with its perverse incentives for police to evade state laws and pursue cash over crime, makes asset forfeiture reform a continuing battlefield at both the state and the federal levels. A number of reform bills are alive in the Congress, and year by year, more and more states pass laws limiting civil asset forfeiture or, even better, eliminating it and requiring a criminal conviction before forfeiture can proceed. Fourteen states have now done that, with the most recent being Connecticut, New Mexico and Nebraska. That leaves 36 to go.

10. Despite Everything, the Drug War Grinds On

We have seen tremendous progress in drug policy in the past 20 years, from the advent of the age of legal marijuana to the breaking of sentencing fever to the spread of harm reduction and the kinder, gentler treatment of the current wave of opioid users, but still, the drug war grinds on.

Pot may be legal in eight states, but that means it isn't in 42 others, and more than 600,000 people got arrested for it last year -- down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015.

It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

There are more options for treatment or diversion out of jail or prison, but people are still getting arrested. Sentencing reforms mean some people won't do as much time as they did in the past, but people are still getting arrested. And the drug war industrial complex, with all its institutional inertia and self-interest, rolls on. If we want to actually end the drug war, we're going to have to stop arresting people for drugs. That would be a real paradigm shift.

Chronicle AM: Canada MJ Bill Passes House, HI Cops Want MedMJ Patients' Guns, More... (11/28/17)

In a national first, Honolulu cops are proactively targeting medical marijuana patients to demand they turn in any firearms, Canada marijuana legalization takes a big step forward, Philadelphia begins paying out for its dirty, corrupt narcs, and more.

Medical Marijuana

Honolulu Police Tell Medical Marijuana Patients to Surrender Their Guns. The Honolulu Police Department has sent letters to medical marijuana patients in the area ordering them to "voluntarily surrender" their firearms because they use marijuana. The letters give patients 30 days to give their guns and ammo to the Honolulu Police. While federal law prohibits acknowledged marijuana users from owning firearms, this is believed to be the first instance of local law enforcement proactively seeking out patients and ordering them to surrender their weapons.

Indiana Governor Orders Stores to Pull CBD Oil From Shelves. Gov. Eric Holcomb (R) has given stores 60 days to remove CBD cannabis oil products from their shelves after state Attorney General Curtis Hill (R) delivered an opinion that such substances are illegal under state and federal law. The only exception is for people with epilepsy who are on a state registry.

Law Enforcement

Philadelphia Begins Paying Out for Narcotics Agents' Misconduct. The city of Philadelphia has begun settling more than 300 lawsuits filed against members of a narcotics squad accused of a pattern of rampant misconduct lasting years. The city has already paid more than $2 million to settle 75 cases after courts began throwing out convictions in tainted cases three years ago. The city could pay up to an additional $8 million to resolve pending complaints. Five of the six officers involved were found not guilty of criminal charges last year, but that hasn't stopped the settlements from occurring.

International

Canada House of Commons Approves Marijuana Legalization Bill. The House of Commons voted 200 to 82 Monday night to approve the Liberal government's marijuana legalization bill, C-45. The bill now goes to the Senate, where opponents could try to derail it. Stay tuned.

British Parliament Drug Policy Group Calls for Safe Injection Sites. The Drugs, Alcohol and Justice Cross-Party Parliamentary Group has issued a report calling for the establishment of drug consumption rooms. The report charges that existing prohibitionist policies are failing communities and society's most vulnerable and suggests that London could learn a lesson from Dublin and Glasgow, where such facilities have been approved.

The Duterte Cancer Spreads to Malaysia. Malaysian Member of Parliament Bung Moktar Radin has embraced Philippines President Rodrigo Duterte's murderous crackdown on drug users and sellers and urged his own country to emulate it. "I am very serious about this. Just shoot them, like they do in the Philippines," he said, praising the Philippines approach. "Why can't we do this? Jail addicts without trial and shoot dealers. What is the problem (in doing this)?"

Chronicle AM: CA Magic Mushroom Initiative Approved for Signature Gathering, More... (11/7/17)

The Maine legislature fails to override the governor's veto of the pot regulation bill, a California initiative to legalize magic mushrooms gets the okay for signature gathering, North Dakotans will wait another year for their medical marijuana, and more.

These could be legal in California soon if an initiative makes the ballot and is approved by voters. (Wikimedia)
Marijuana Policy

Maine House Fails to Override Veto of Marijuana Regulation Bill. The House voted Monday to sustain Gov. Paul LePage's (R) veto of a bill providing a legal regulatory framework for marijuana commerce. What happens next is unclear. A moratorium on recreational sales expires on February 1. The legislature reconvenes in January, but there is little indication political dynamics will change between now and then. If the moratorium is not extended and a new bill passed, the law as passed by voters in 2016 would go into effect. "I feel like we legalized gasoline, but not gas stations," Rep. Martin Grohman told the Portland Press-Herald.

Medical Marijuana

North Dakota Says Medical Marijuana Still a Year Away. The state Health Department Monday announced proposed administrative rules for such things as lab testing, security requirements, and transportation regulations, and added that the proposed rules will be open for public comment until December 26. The department also said it doesn't expect the drug to be available for sale to patients for another year -- two years after it was approved by voters.

Heroin and Prescription Opioids

Florida's Largest Insurer Stops Covering Oxycontin. The state's largest health insurance company will stop covering OxyContin, the brand name prescription opioid, beginning January 1, in a bid to reduce overdoses and opioid dependence. Instead, Florida Blue will start covering an alternative opioid that isn't crushable for injection or snorting, reducing its potential for abuse, the company said Monday. That other drug is Xtampza ER, which also contains oxycodone, but which is designed to deter abuse because the pills cannot be crushed for snorting or injection.

Psychedelics

California Magic Mushroom Legalization Initiative Approved for Signature Gathering. An initiative that would legalize psilocybin, the psychoactive ingredient in magic mushrooms, has been approved for signature gathering by state officials. The California Psilocybin Legalization Initiative needs 365,880 valid voter signatures by April 30 to qualify for the November 2018 ballot.

Sentencing

Massachusetts Sentencing Reform Bill Filed. House leaders Monday proposed sweeping changes to the state's criminal justice and sentencing laws. It's a mixed bag: Some provisions would allow for the expungement of marijuana offenses and end some mandatory minimum drug sentences, but others would increase sentences for dealing in opioids. The bill also includes pre-trial diversion programs and bail reforms. The House will debate the measures next week. The Senate has already passed its own version of a criminal justice reform bill.

International

Canada's Newest Safe Injection Site Approved in Ottawa. Health Canada has given final approval for a safe injection site in Ottawa, which will be housed in a trailer in a hospital parking lot. Operators said they expected to begin welcoming clients today.

Dutch Localities Line Up for Regulated Marijuana Cultivation Pilot Project. Some 25 of the country's 380 local authorities have applied to participate in pilot schemes to allow the regulated growth of marijuana to supply the nation's fabled cannabis cafes. Among those councils which have come forward are Breda, the Noord-Brabant town of Cuijk, and Rotterdam, where mayor Ahmed Aboutaleb wants the experiment to cover distribution as well. The government is expected to announce which locales win spots in the pilot program next year.

Chronicle AM: ME Lawmakers Try to Save MJ Reg Bill from Veto, Denver SIF Advances, More... (11/6/17)

Maine's governor vetoes the marijuana regulation bill, but the legislature will attempt an override today; a plan for a safe injection site in Denver advances, a Michigan roadside drug testing pilot program gets underway this week, and more.

A move is afoot in the legislature to bring a safe injection site to Denver. (Wikimedia)
Marijuana Policy

Maine Governor Vetoes Bill to Regulate Legal Marijuana Production, Sales. Gov. Paul LePage last Friday vetoed the bill that would regulate legal marijuana commerce in the state. In his veto message, he cited a number of concerns, including how the Trump administration is going to deal with the conflict between state and federal law. "Until I clearly understand how the federal government intends to treat states that seek to legalize marijuana, I cannot in good conscience support any scheme in state law to implement expansion of legal marijuana in Maine," the governor explained.

Maine Lawmakers Meet Today to Try to Override Governor's Veto. The legislature is set to meet at 4:00pm today in a bid to override Gov. LePage's veto of the marijuana regulation bill. The bill passed the Senate, but not the House, by a veto-proof majority earlier this year.

Medical Marijuana

Ohio Announces First Licensees for Medical Marijuana Production. State officials announced last Friday they had issued 11 Level II medical marijuana licenses. The licenses will allow holders to begin medical marijuana growing operations.

Drug Testing

Michigan Roadside Drug Testing Pilot Program Begins This Week. Michigan State Police are set to begin a pilot program in five counties to do roadside oral fluid drug tests of drivers in a bid to reduce drugged driving. The counties included are Berrien, Delta, Kent, St. Clair and Washtenaw. Under the program, officers trained in "drug recognition" will be able to require drivers to submit to a preliminary saliva test if they suspect he is impaired. The tests will look for the presence of marijuana, amphetamines, methamphetamines, benzodiazepines, cocaine and opiates.

Harm Reduction

Walgreen's to Carry Opioid Overdose Reversal Drug, No Prescription Needed. Walgreen's drugstores will soon stock the opioid overdose reversal drug naloxone (Narcan) at its thousands of locations across the US, and it will be available over the counter, no prescription needed. Walgreen's is the nation's second largest drugstore chain with more than 8,000 stores. "By stocking Narcan in all our pharmacies, we are making it easier for families and caregivers to help their loved ones by having it on hand in case it is needed," Walgreen's vice president Rick Gates said in a statement. "As a pharmacy, we are committed to making Narcan more accessible in the communities we serve."

Denver Starts Down Path Toward Safe Injection Sites. Seattle and San Francisco are the US cities closest to opening safe injection sites for drug users, but now Denver is making a move in the same direction. A legislative committee last week gave unanimous approval to a plan to open a pilot site in the city. But that's just a first step: The next step is to get the legislation through the General Assembly when the legislature convenes in January.

International

Colombia, UNODC Sign Cooperation Agreement on Coca and Cocaine. In a deal announced last Friday, Colombia and the UN Office on Drugs and Crime (UNODC) have agreed to cooperate on the county's coca reduction strategy. Under the deal, the UNODC will help Colombia implement "alternative and sustainable development programs in areas affected by coca cultivation," according to a press release from the Colombian presidency. The plan is estimated to require $315 million in funding over the next four years. The question is whether Colombia has the political will to come up with the money.

Chronicle AM: Trump Declares Opioid Emergency, SF SIJ Could Come Soon, More... (10/26/17)

The president declares the opioid crisis an emergency, but not enough of one to actually need funding; lawmakers go after the DEA over West Virginia pain pill deliveries, a St. Louis alderman files a marijuana legalization measure, the US Sentencing Commission issues a report on mandatory minimums, and more.

President Trump declares a public health emergency, but not a national emergency, on opioids. (Wikimedia)
Marijuana Policy

St. Louis Ordinance Would End Local Marijuana Prohibition. Alderman Megan Green has filed an ordinance that would end enforcement of any laws that allow "the civil or criminal punishment for the use or possession of marijuana or marijuana paraphernalia against any individual or entity," with some specified exceptions. Under the bill, pot could be used, sold, and grown in the city. The bill gets a first reading Friday, and Green says she's confident it can pass in coming weeks. Stay tuned.

Medical Marijuana

Lawmakers Call for VA to Research Medical Marijuana for Veterans. A group of lawmakers who sit on the House Veterans' Affairs Committee wrote a letter Thursday to Veteran Affairs Secretary David Shulkin urging him to use his agency to research medical marijuana. The VA "is uniquely situated to pursue research on the impact of medical marijuana on veterans suffering from chronic pain and PTSD given its access to world class researchers, the population it serves, and its history of overseeing and producing research resulting in cutting-edge medical treatments," the lawmakers wrote. Shulkin has yet to respond.

Heroin and Prescription Opioids

Trump Declares Opioid Crisis a Public Health Emergency, But Provides No Funds. President Trump announced Thursday that he had directed the Department of Health and Human Services to declare a public health emergency around the opioid crisis. But he declined to declare a national emergency, which would have allowed for the rapid allocation of monies to address it. Trump's declaration carries no funding with it, but would allow some grant money to be used to combat opioid abuse.

Lawmakers Take DEA to Task Over Spread of Opioids. Members of the House Energy and Commerce Committee threatened to subpoena the DEA over its slow response to their questions about how wholesale drug distributors poured millions of opioid pain pills into West Virginia. Members said the committee had been waiting six months for answers from the DEA about which companies had sent nine million pills to the town of Kermit, WV (pop. 392), over a two-year period. Members did not express any concerns about how a crackdown on pain pill prescribing might impact chronic pain patients.

Harm Reduction

San Francisco Could See Safe Injection Sites Within a Year, Official Says. Safe injection sites in the city could be open in eight to 12 months if a proposal to create them gets approved, Department of Public Health Director Barbara Garcia told supervisors on Wednesday. Even if the plan was approved immediately, it would take time to obtain funding, establish protocols, hire and train staff, and set up the program, she said.

Sentencing

Sentencing Commission Issues Report on Mandatory Minimums. The US Sentencing Commission has issued a report on the use and impact of mandatory minimum sentencing for drug offenses. The report finds, among other things, that mandatory minimums continue to be imposed and result in long sentences in the federal system, but that they were being used less often last year. The report also noted that mandatory minimums may be applied more broadly than Congress intended, but that laws allows for departures from the harsh sentences "result in significantly reduced sentences when applied."

International

Colombia Will Move to Decriminalize Small-Time Coca Farming. The government will introduce legislation that would make the cultivation of up to just under ten acres of coca a non-punishable offense. More than 100,000 families earn a living from coca farming, with the average planting being less than an acre. This move would provide some breathing room for farmers caught between drug gangs on one hand and police on the other. The move was part of the peace deal agreed to with the leftist rebels of the FARC, but this is the first step toward actually implementing it.

Chronicle AM: Washington SIJs Win Court Ruling, Houston DA Goes Deep on Reform, More.. (10/19/17)

Hemp farming comes a step closer in Wisconsin, safe injection sites win a court battle in suburban Seattle, Houston's DA is proving to be a real criminal justice reformer, and more.

Harris County (Houston) District Attorney Kim Ogg is unleashing a wave of criminal justice reforms. (harriscountytx.gov)
Industrial Hemp

Wisconsin Hemp Bill Advances. The Senate Agriculture Committee unanimously approved an industrial hemp bill Wednesday. The measure, Senate Bill 119, would create state licenses for farmers seeking to grow hemp. Plants could not contain more than 1% THC. The bill is now ready for a Senate floor vote.

Bail Reform

New Mexico Governor Wants to Roll Back Bail Reform. Voters last year approved a constitutional amendment that aimed to ensure that low-level, non-violent offenders did not rot in jail awaiting trial, but now Gov. Susana Martinez (R) wants to repeal it. While lawmakers on both sides of the aisle have concerns about how the courts are implementing reform, actually repealing it would be a long shot.

Drug Policy

Houston DA Lays Out Reform Agenda. Harris County District Attorney Kim Ogg on Tuesday laid out plans for what she called "more diversion, less jail" for people struggling with drug use or mental illness. Ogg released eight reports based on her transition team's recommendations, around everything from police shootings to bail reform to equality in justice to diversion, and more. Ogg has already enacted a marijuana diversion program and ended the prosecution of cases where only trace amounts of drugs are found. But she's ready to go deeper.

Harm Reduction

Washington State Judge Rules in Favor of Safe Injection Sites. King County Superior Court Judge Veronica Alicea-Galvan ruled Monday that a NIMBY initiative aimed at blocking a site in suburban Seattle "interferes with the duties and obligations of the Health Board and County Council." If upheld, the ruling would kill the initiative, which is currently set for a February vote, but foes vow to appeal the ruling.

Chronicle AM: Trump DEA Pick Has Issues, FL MedMJ Licenses Delayed, More... (10/2/17)

The man Trump will reportedly name to head the DEA has some racial profiling issues in his past, the Global Commission on Drugs issued recommendations on dealing with the opioid crisis, the 6th Circuit slaps down the DEA in an asset forfeiture case, and more.

The next DEA head? New Jersey State Police Superintendent Joseph Fuentes (Wikimedia)
Medical Marijuana

Florida Will Miss Deadline for Issuing Grower Licenses. Florida officials were supposed to distribute ten medical marijuana cultivation licenses Tuesday, but that's not going to happen. Officials said last Friday said the delay would be brief and pointed fingers at Hurricane Irma and a recently-filed lawsuit from a black farmer challenging the state's effort to achieve racial diversity among growers. That farmer charged that the state's guidelines were too restrictive.

Heroin and Prescription Opioids

Global Commission on Drug Policy Releases Position Paper on North America Opioid Crisis. The Global Commission on Drug Policy Monday released a position paper on The Opioid Crisis in North America. The members of the Global Commission, several of whom faced similar crises while occupying the highest levels of government, share their views and recommendations on how to mitigate this epidemic. The Commission warns against cutting the supply of prescription opioids without first having supporting measures in place, and emphasizes the need to improve and expand proven harm reduction services and treatment options, including opioid substitution therapy and heroin-assisted treatment. Regulation of prescription opioids needs to become well-balanced to provide effective pain care while minimizing misuse. The Global Commission also calls for the de facto decriminalization of drug use and possession for personal use at the municipal, city or State/Province levels, so that people in need of health and social services can access them freely, easily, and without fear of punishment. Finally, the Global Commission suggests allowing pilot projects for the responsible legal regulation of currently illicit drugs including opioids, to bypass criminal organizations that drive and benefit from the black market.

Asset Forfeiture

6th Circuit Slaps Down DEA Cleveland Airport Cash Seizure. Even when it looks like they have the perfect case, the DEA and the courts can't cut corners in their efforts to seize suspected drug money, the court held in a case decided late last month. Agents had seized $41,000 in cash from two men with previous drug convictions who had purchased tickets to -- gasp! -- California, and their drug dog told them the money was tainted. The men appealed the seizure, saying the cash was legally obtained, but the DEA moved to strike their claim, saying they had provided no proof, and a lower court agreed. But the DEA and the lower court erred, the appeals court ruled, by shifting the burden of proof to the claimants at that early stage of the proceedings: "Finally, we note our concern that the government's approach would turn the burden of proof in forfeiture actions on its head. Under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the government bears the burden of proving by a preponderance of evidence that the subject of a civil forfeiture action is, in fact, forfeitable," the opinion concluded. "Requiring a forfeiture claimant to explain the nature of his ownership at the pleading stage would be asking the claimant to satisfy the government's burden of proof, or at least go a long way toward doing so."

Drug Policy

Trump Could Name Racial Profiling Apologist to Head DEA. The Washington Post has reported that President Trump will name New Jersey State Police Superintendent Joseph Fuentes to head the Drug Enforcement Administration (DEA). In 2000, Fuentes, then a state police trooper, wrote a paper defending "suspect profiling" as the state was embroiled in controversy over "driving while black" and police tactics like asking hotel clerk to report guests who were "suspicious" because they had dreadlocks or spoke Spanish. "Because of the disproportionate involvement of minorities in these... arrests, civil rights groups have branded the whole process of highway drug enforcement as racist," he wrote. But when pressed during his nomination to head the state police, Fuentes disavowed that position and denied being an apologist for racial profiling.

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