Executive Branch

NCAA Moves to End Marijuana Ban, Study Finds Mexican Cartels a Major Employer, More... (9/25/23)

by psmith, September 25, 2023, 03:34pm

A pair of Republican senators file a bill to require congressional approval to down-schedule marijuana, the House Rules Committee advances a pair of psychedelic research amendments to the defense spending bill, and more.

College basketball under the aegis of the NCAA. An end to the weed ban could be coming soon. (Creative Commons/Phil Roeder)

Marijuana Policy

GOP Senators File Bill to Block Marijuana Legalization Without Congressional Approval. Last Friday, Sen. Cynthia Lummis (R-WY), joined by her colleague Sen. Steve Daines (R-MT), introduced the Deferring Executive Authority (DEA) Act to give Congress final approval over the legalization of marijuana.

According to a recent report from the Congressional Research Service, the Drug Enforcement Administration (DEA) has signaled it will follow a recommendation issued by the Department of Health and Human Services (HHS) and the Food and Drug Administration (FDA) to transfer marijuana from Schedule I to Schedule III under the Controlled Substances Act. This would, in essence, legalize marijuana federally.

This recommendation was issued after President Biden requested that the Department of Justice (DOJ) and HHS evaluate marijuana’s status as a Schedule I substance. The Deferring Executive Authority (DEA) Act will require congressional review of rules rescheduling marijuana.

"Congress makes the laws in this country, not DC bureaucrats," said Lummis. "The American people through their elected representatives in the Senate and House should have the final say on such a momentous change as the legalization of marijuana. The Biden administration’s rush to reschedule marijuana without compelling scientific evidence appears to be political, not about what’s best for the American people."

NCAA Committee Recommends Legislation to Remove Marijuana from Banned Substances List in All Three Divisions. The NCAA Committee on Competitive Safeguards and Medical Aspects of Sports recommended legislation that would remove marijuana from the NCAA's list of banned drug classes at all three divisions, the organization announced last Friday. The recommendation calls for a "robust educational strategy" for college athletes when it comes to marijuana.

"Cannabis is not a performance-enhancing drug and that a harm-reduction approach to cannabis is best implemented at the school level," the NCAA said in a statement following midweek meetings in Indianapolis.

The committee reasoned that removing marijuana from the list of banned substances achieves several aims: acknowledging the ineffectiveness of the current policy of banning, testing, and penalizing; affirming that NCAA drug testing is aimed only at performance-enhancing substances; and emphasizes the importance of moving toward a harm reduction strategy.

The recommendation now goes to the governing structures of the NCAA's three divisions.

"When making a decision on an important topic like this, we agree that the membership should have an opportunity to vote on the final outcome," committee chair James Houle, lead sport psychologist at Ohio State, said in a statement. "We are recommending a big shift in the paradigm when it comes to cannabinoids. We want to modernize the strategy with the most up-to-date research to give schools the best opportunity to support the health of student-athletes."

Psychedelics

House Rules Committee Clears Pair of Psychedelic Research Amendments to Defense Spending Bill. The House Rules Committee last Saturday approved two psychedelic research amendments for inclusion in the must-pass defense spending bill. It also cleared the larger defense bill for a House floor vote this as a government spending deadline looms.

One amendment, sponsored by Reps. Morgan Luttrell (R-TX) and Dan Crenshaw (R-TX), would provide $15 million in funding for DOD to carry out "Psychedelic Medical Clinical Trials."

The other amendment, also from Crenshaw, would require the Defense Health Agency to "submit a report to Congress on options to ensure that active-duty service members who are suffering from Traumatic Brain Injuries (TBI) and Post-Traumatic Stress Disorder (PTSD) are able to participate in clinical trials under the Department of Veterans Affairs for the purposes of studying the effectiveness of psychedelic substances."

International

Mexican Drug Cartels Employ 175,000 People, Study Finds. Mexican drug trafficking organizations—the so-called cartels—employ roughly 175,000 people, according to new research findings published in the journal Science. That makes organized crime the fifth-largest employment sector in the country.

The study examined a decade of data on murders, missing persons, and imprisoned people and used a mathematical model to determine overall cartel membership and which policy responses would best reduce violence. Homicides in the country have tripled since 2007, when then-President Felipe Calderon escalated the domestic drug war by sending in the army.

The study authors argue that the best way to reduce violence is not to lock up more gang members, which they argue would actually increase the murder rate, but to cut cartel recruitment.

"More than 1.7 million people in Latin America are incarcerated, and adding more people to saturated jails will not solve the insecurity problem," wrote the authors.

The analysts identified 198 armed criminal groups in the country, although two of them, the Sinaloa cartel and the Jalisco New Generation cartel, battle for national domination.

DHS Rolls Out Strategy for Combatting Illicit Opioids, UN Report Calls for Decriminalization, More... (9/20/23)

by psmith, September 20, 2023, 03:01pm

The Seattle city council voted to criminalize public drug use, the Czech drug czar suggests legalizing cocaine, and more.

Drug Policy

DHS Rolls Out Strategy for Combatting Illicit Opioids. The Department of Homeland Security on Tuesday rolled out its plan to combat illicit opioids, releasing its Strategy for Combatting Illicit Opioids.

"Our nation continues to face an unprecedented epidemic of deaths from illicit synthetic opioids -- our citizens are dying every year at an unimaginable rate," said Homeland Security Investigations (HSI) Executive Associate Director Katrina W. Berger. "This is a bold and innovative strategy to stem the flow of dangerous narcotics and directly addresses the public health emergency this opioid crisis has become.

The "bold and innovative strategy" is heavy on law enforcement, which is no surprise for a law enforcement agency. Primary elements of the strategy include reducing the international supply of opioids, reducing the supply of opioids in the US, targeting "enablers" of drug trafficking organization, and working with private sector actors to better block drugs from entering the country.

The agency said it hopes to work with international partners to reduce the illicit importation of drugs into the country and that it will increase the number of HIS task forces targeting drug traffickers.

Seattle City Council Approves Ordinance Criminalizing Drug Posssession and Public Drug Use. The city council on Tuesday approved its own municipal version of the state's law barring public drug use, CB 120645. The measure creates the crimes of knowing possession of a controlled substance and use of a controlled substance in a public place.

A 2021 state Supreme Court decision threw out the state's felony drug possession law, but the legislature this year approved a bill making public drug use and possession a gross misdemeanor, allowing city attorneys to prosecute the drug charges. City Attorney Ann Davison proposed a bill for the city to confirm with state law, but the city council rejected that in June.

Mayor Bruce Harrell then formed a task force to draft a new proposal, which is what the city council approved this week. But the vote was not unanimous, with Councilmember Teresa Mosqueda voting no because it did not pay enough attention to diversion efforts.

"I want people to get access to public health services just as much as the people who testified in support of this legislation say they want," Mosqueda said. "But that is not what this legislation does. And without the funding that is purported to come with this bill, we have no assurances that there will be alternative structures and programs and diversion strategies to prevent people from going to jail. We do not have to pass this legislation."

International

UN Human Rights Office Report Calls for Shift from Punitive Drug Policies. A UN human rights report released Tuesday calls for a shift from punitive measures to address the global drugs problem to the use of policies grounded in human rights and public health, arguing that disproportionate use of criminal penalties is causing harm.

The report urges states to develop effective drug policies, including by considering decriminalization of drug possession for personal use. "If effectively designed and implemented, decriminalization can be a powerful instrument to ensure that the rights of people who use drugs are protected," it says.

"Laws, policies and practices deployed to address drug use must not end up exacerbating human suffering. The drugs problem remains very concerning, but treating people who use drugs as criminals is not the solution," said the UN High Commissioner for Human Rights, Volker Türk.

"States should move away from the current dominant focus on prohibition, repression and punishment, and instead embrace laws, policies and practices anchored in human rights and aimed at harm reduction."

There has also been an increase in the use of the death penalty for drug-related convictions worldwide, contrary to international human rights law norms and standards. The recorded number of people executed for drug-related offences more than doubled in 2022 compared to 2021, amounting to 37 percent of all executions recorded globally, the report states.

"The current overemphasis on coercion and control to counter drugs is fanning an increase in human rights violations despite mounting evidence that decades of criminalization and the so-called war on drugs have neither protected the welfare of people nor deterred drug-related crime," Türk said.

The report shows that an increasing number of countries across regions are adopting policies and practices that decriminalize drug use and treat drug usage as a public health and human rights issue, and applying evidence-based, gender-sensitive and harm reduction approaches. The High Commissioner called on states to build on this positive trend.

Czech Drug Czar Proposes Cocaine Legalization. National anti-drug coordinator Jindrich Voboril has suggested that cocaine could be the next drug, after marijuana, to be handled in a regulated, legal market. He emphasized the importance of tailoring drug policies to the risks of individual substances and argued that cocaine ranks lower in inherent risks than some other illicit substances.

But government officials were not in accord. Deputy Prime Minister Marian Jurečka, who serves as the chairman of the Christian Democrats (KDU-CSL), unequivocally rejected the idea of cocaine liberalization, declaring it unacceptable.

San Francisco Drug Crackdown Sparking Violence, SAFE Banking Act Hits "Sweet Spot," More... (9/19/23)

by psmith, September 19, 2023, 03:58pm

A Kentucky company used court-ordered urine tests to defraud Medicare, Secretary of State Blinken addresses synthetic drugs at a UN side event, and more.

Secretary of State Blinken addresses synthetic drugs as a side meeting of the UN General Assembly. (Creative Commons)

Marijuana Policy

SAFE Banking Act Negotiations Find "Sweet Spot," Senator Says. Senate Banking Committee member Sen. Kevin Cramer (R-ND) says senators have "probably found a sweet spot" in negotiations over the SAFE Banking Act (S.1323), which is set to have a committee vote, likely next week. Senators have reached an agreement to leave a key section favored by Republicans "intact, as it is," Cramer said.

That section deals with broad banking regulations, and Republicans have insisted that it remain in the bill.

Committee member Sen. Jack Reed (D-NV) had previously expressed concerns about the section—Section 10—but now says senators have "talked extensively about Section 10, and we’ve made some progress." However, he didn’t specify what that progress looks like. "I think we’ve resolved most of the issues we had—and I hope we have so we can get it out of the committee with a strong vote," he said.

Drug Policy

San Francisco Drug Crackdown Has Sparked Violent Turf Warfare in Center of City, Supervisor Says. Mayor London Breed's crackdown on drugs in the Tenderloin and South of Market (Soma) neighborhoods has resulted in hundreds of arrests and the seizure of hundreds of pounds of fentanyl, but is also generating violence in those neighborhoods, one city supervisor says.

"They’re poking a hornet’s nest," Supervisor Dan Preston said in an interview. "There are increased turf wars that are occurring because you have a raid here, and another group moves in. I mean, we’ve had gunfire and a murder during the middle of the day."

Preston cited two shootings three days apart on Golden Gate Avenue, with the second shooting leaving one person dead.

Meanwhile, street-level drug activity remains undeterred, with overdose deaths on pace to exceed the number from last year.

Tenderloin resident and Public Defender's Office attorney Alexandra Pray said she would rather see more patrols than more arrests.

"I walk to work every day, and I walked through just groups of young men huddled around, and I know what they’re doing," Pray said. "And I just don’t know where the police are. It feels like the police are allowing this to happen, and then when they feel like it, they swoop in and pick people up, and we’re not really solving the problem."

Drug Testing

Kentucky Lab Owner, Exec Plead Guilty to $2.8M Lab Fraud Scheme That Billed Medicare for Non-Medical, Court Ordered Drug Testing. The owner

and CEO of a Lexington, Kentucky-based lab and the lab's compliance officer have pleaded guilty to a $2.8 million healthcare fraud scheme in which they billed Medicare for court-ordered urine drug tests even though Medicare only pays for medical testing.

LabTox owner Ronald Coburn and LabTox compliance officer and director of operations Erica Baker copped the guilty pleas. Baker helped solicit urine test drug orders submitted by the company. The pair worked with a company Baker recruited, Blue Waters Assessment and Testing Services to refer court-ordered drug tests to LabTox. Despite being aware this was not medical testing, Coburn billed Medicare and Kentucky Medicaid, gaining payments of $1.9 million between June 2019 and March 2021.

Baker also sought out samples from nonmedical substance abuse treatment programs, putting some facility staff on the lab's payroll and compensating them based on the number of urine drug tests sent to the lab. LabTox billed Medicaid and Kentucky Medicare $937,594 for this testing.

Coburn has agreed to pay $3.6 million to the IRS, representing income tax he owed in 2017 through 2021. The pair will be sentenced in December and are looking at up to 10 years in federal prison.

Foreign Policy

US Secretary of State Addresses Global Synthetic Drug Threats at U.S.-Hosted Side Event at 78th United Nations General Assembly. On Monday, September 18, Secretary of State Antony J. Blinken hosted an event on the margins of the 78th United Nations General Assembly addressing the pressing issue of synthetic drug challenges worldwide. The U.S.-sponsored side event, titled "Addressing the Public Health and Security Threats of Synthetic Drugs Through Global Cooperation," convened international leaders and representatives from international organizations, private sector, and civil society to discuss comprehensive strategies for combatting the public health and security threats posed by synthetic drugs and advance the work of the Global Coalition to Address Synthetic Drug Threats.

As synthetic drugs continue to devastate communities at home and abroad, this discussion underscores the United States’ commitment to engaging with international partners to address this critical issue, including the provision of more than $100 million in assistance from the Department of State to build the capacity of partners across the world to detect, identify, and interdict synthetic drugs. This assistance also includes providing vital treatment, prevention, and recovery initiatives, as well as supporting alternatives to incarceration systems development with a focus on drug treatment. 

The Global Coalition provides a platform for the exchange of knowledge, ideas, and collaborative efforts aimed at dismantling the criminal networks responsible for the production and distribution of synthetic drugs and sharing universal best practices for substance use harm reduction and will continue expert-level engagement through monthly meetings launching in October.

HHS Recommends Rescheduling Weed, Coalition Seeks to Undo OR Drug Decriminalization, More... (9/30/23)

by psmith, August 30, 2023, 03:51pm

A new poll has an Ohio marijunaa legalization initiative garnering strong support, Colombia tries again on marijuana legalization, and more.

Colombian President Gustavo Petro backs marijuana legalization. (Creative Commons)

Marijuana Policy

HHS Recommends Moving Marijuana to Lower Scheduling Category. The Department of Health and Human Services (HHS) has recommended loosening restrictions on marijuana after undertaking a review request from the Biden administration. HHS is recommending that marijuana be placed on Schedule III, the same schedule as ketamine or testosterone.

"As part of this process, HHS conducted a scientific and medical evaluation for consideration by DEA. DEA has the final authority to schedule or reschedule a drug under the Controlled Substances Act. DEA will now initiate its review," a DEA spokesperson said.

Marijuana is currently a Schedule I controlled substance, in the same category as heroin and LSD. Schedule I is reserved for substances with no medical use and a high risk of abuse. Moving marijuana from Schedule I to a lesser schedule could be the first step toward federal marijuana legalization.

Ohio Poll Has Solid Majority for Marijuana Legalization Initiative. Buckeye State voters head to the polls in a little more than two months to vote on a marijuana legalization initiative from the Campaign to Regulate Marijuana Like Alcohol, and a new poll has the initiative well-positioned to win.

A survey from Fallon Research and Communications has support for the initiative at 59 percent. The heuristic for initiative campaigners is that they want a 10 percent cushion going into election day to account for last minute undecideds breaking the wrong way, so this poll has the campaign very close to the promised land.

Sixty-eight percent of Democrats support the initiative, as do 62 percent of independents and 48 percent of Republicans. While Democratic and independent support has been stable, support among Republicans has jumped eight points over a similar poll last year.

The initiative's odds are also helped by the presence on the ballot of a measure seeking to enshrine abortion rights in the state—another issue that should increase liberal and progressive turnout.

Drug Policy

Oregon Coalition Seeks to Undo Drug Decriminalization. A coalition of political, business, and civic leaders wants to undo Measure 110, the 2022 voter-approved initiative that decriminalized the possession of personal use amounts of drugs and mandated the use of marijuana tax revenues to provide drug treatment and other services to users. The coalition is calling for drug possession to be made a misdemeanor and for drug treatment whether the user wants it or not.

"We are seeking to fix and improve Measure 110," said Max Williams, former state lawmaker and former executive director of the Oregon Department of Corrections. "Our goal isn’t to repeal the law. It’s to improve it," he claimed.

Also part of the effort are Washington County District Attorney Kevin Barton, political consultant Dan Lavey, who heads a group pushing Portland leaders for action on drugs, homelessness, and related issues, and Paige Richardson, a political strategist who has run multiple ballot campaigns. Meanwhile, failed independent gubernatorial candidate Betsy Johnson is trying to raise money to pursue a ballot measure undoing Measure 110 next fall.

The folks who supported Measure 110 are not impressed. "It’s disappointing that anyone would propose the failed policies of our past and lack of any real solutions," said Tera Hurst, who leads the Oregon Health Justice Recovery Alliance. "It would be harmful, it would be deadly and extremely expensive and it would set our state back years."

International

Colombia Tries Again on Marijuana Legalization. After a two-year effort to legalize marijuana failed on a final vote in the Senate at the end of the last legislative session, proponents are back to try again this session. A marijuana legalization bill has cleared the first of eight debates that must occur over another two-year period..

"Today…we start again a path full of challenges to start writing a new story in the fight against drugs. We need to move forward in a change in drug policy," said Rep. Juan Carlos Losada.

President Gustavo Petro is a global drug reform advocated and has touted the benefits of marijuana legalization, saying it would help the national economy.

"We’ll see if [cannabis can be] exported and we’ll earn a few dollars because half of humanity [has legalized it]," President Petro said.

DEA Hired "Legacy" Job Applicants Despite Failed Polygraph Tests, DeSantis Rejects Legal Weed, More... (8/28/23)

by psmith, August 28, 2023, 03:29pm, (Issue #1195)

Republican presidential contenders burnish their anti-drug reform credentials, and more.

There is some tarnish on that DEA badge after a new Justice Department Office of the Inspector General report. (DEA.gov)

Marijuana Policy

DeSantis Doubles Down on Opposition to Marijuana Legalization. Florida Gov. Ron DeSantis, a 2024 Republican presidential contender, reaffirmed his opposition to marijuana legalization as he campaigned in Iowa on Saturday. He argued—contrary to the facts—that legalization has increased the size of the black market in Colorado, the first state to legalize it.

Responding to a question about children experiencing "cannabis inducted psychosis," DeSantis clarified that he "would not legalize" in an echo of earlier comments on the topic. "I think what’s happened is this stuff is very potent now. I think when young people get it, I think it’s a real, real problem, and I think it’s a lot different than stuff that people were using 30, 40 years ago," DeSantis said. "I think when kids get on that, I think it causs a lot of problems and then, of course, you know, they can throw fentanyl in any of this stuff now."

While fentanyl has been encountered as a contaminant in various powder drug substances, every case of alleged fentanyl contamination of marijuana has so far been shown to be false. It, too, is a white powder, which could not be easily disguised in marijuana buds.

He also said he would opposed a proposed marijuana legalization initiative poised to make the ballot in Florida. "I would not do that," DeSantis said on Saturday. "And the places that legalized it like Colorado and California, you know, the argument was—and honestly it wasn’t a crazy argument—’Look, we know people are going to use marijuana. It is a drug. If you legalize it, then you can tax it, regulate it, and it’s going to end up being safer for people."But what’s happened in Colorado, the black market for marijuana is bigger and more lucrative than it was before they did the legalization," the governor said. "So the legalization I don’t think has worked."

But one report on the marijuana industry in Colorado found to the contrary that 99 percent of marijuana sales in the state took place within the legal framework.

Foreign Policy

Nikki Haley Calls for Siccing US Special Forces on Mexican Cartels in Mexico..Former UN Ambassador and current Republican presidential contender Nikki Haley has doubled down on earlier calls to use US military forces inside Mexico to go after Mexican drug trafficking organizations.

"When it comes to the cartels, we should treat them like the terrorists that they are," Haley said. "I would send special operations in there and eliminate them just like we eliminated ISIS and make sure that they know there's no place for them. If Mexico won't deal with it, I'll make sure I deal with it," she added.

Mexican President Andres Manuel Lopez Obrador has firmly rejected any use of US military forces inside Mexico.

Haley also took aim at China for its role in the production of fentanyl, saying the US president has to "go to the true source" of the problem. "China knows exactly what they're doing when they're sending that fentanyl across the border. And we need to tell them we will stop all normal trade relations with you until you stop killing Americans," Haley said. "We lost 75,000 Americans last year, and we can't continue to allow that to happen."

Law Enforcement

DEA Hired "Legacy" Job Applicants Despite Failed Lie Detector Tests. According to a new report from the Justice Department's Office of the Inspector General (OIG), the Drug Enforcement Administration (DEA) has hired dozens of job applicants who failed lie detector tests as its polygraph unit faced pressure to approve "legacy" candidates related to senior officials.

Besides favoritism toward friends and family members of DEA officials, the report found that agency bosses ignored admissions of criminal behavior that should have been reported for further investigation, including one case where the applicant "admitted to pedophiliac tendencies" during the lie detector exam.

Also providing evidence about DEA lie detector practices is an agency whistleblower who has filed a federal lawsuit alleging misconduct within the DEA. The whistleblower alleged that when the pedophiliac applicant made his incriminating statements, supervisors pooh-poohed them, saying "there was nothing that could be done" and that the whistleblower "would be liable" for making an anonymous complaint to local law enforcement.

In a letter sent to DEA Administrator Anne Milgram last week, the OIG said it had "identified numerous concerns," including the use of loopholes to avoid complying with a policy enacted in 2019 that specifically bars the agency from hiring applicants who fail a polygraph or show signs of "countermeasures" to cheat the test.

(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.)

US Citizens Dominate Fentanyl Trade, NV Regulators Approve More Social Consumption Lounges, More... (8/24/23)

by psmith, August 24, 2023, 03:37pm, (Issue #1195)

Maine's congressional delegation is worried about alleged illegal Chinese marijuana grows, US Sentencing Commission statistics show that US citizens--not illegal immigrants--dominate the fentanyl trade, and more.

The US-Mexico border. Fentanyl is coming through ports of entry, not in immigrants' backpacks. (Creative Commons)

Marijuana Policy

Maine Congressional Delegation Asks Attorney General to Shut Down Alleged Chinese Marijuana Grow Operations. Responding to a "federal memo" circulating within the US Border Patrol that alleged there were 270 properties in the state linked to illegal Chinese marijuana grows and that they could generate $4 billion a year in revenue, the Maine congressional delegation on Thursday sent a letter to US Attorney General Merrick Garland (D) urging the Justice Department to shut down the grows

The "federal memo" is questionable. First released by the conservative media source The Daily Caller, the memo (as characterized by the Daily Caller) does not rely on federal statistics but on reports from state and local law enforcement. It also has some funny numbers, including the claim that a plot with 100 plants could generate $5.4 million over three growth cycles in a year. If you crunch the numbers, the comes out to $17,000 per plant per cycle, which would require multi-pound harvests of each plant every four months. Such yields are typically associated with long-growing outdoor plants harvested once a year, not hothouse plants harvested every four months.

Still, the congressional delegation was concerned: "These illegal growing operations are detrimental to Maine businesses that comply with State laws, and we urge the Department of Justice to shut them down," the Maine delegation wrote in Thursday’s joint letter to the nation’s top law enforcement official.

They also sought answers to several questions, including: who produced the memo, what is the Justice Department doing to tackle illegal grows, how are profits returning to the country of origin, and is Justice aware of alleged Chinese ownership.

Nevada Regulators Approve Three More Marijuana Consumption Lounges. The state's Cannabis Control Board on Tuesday approved three more applications for marijuana consumption lounges, raising the number of licenses issued so far to seven. The board approved licenses for Deep Roots Harvest and Global Harmony, which operate Las Vegas pot shops , as well as KV Group in the southern Nevada town Pahrump.

In June, the board issued the first three licenses, for Cheyenne Medical in unincorporated Clark County, Common Sense Botanicals Nevada in Washoe Valley, and Planet 13 in Las Vegas.

The board also loosened air-ventilation standards for consumption lounges, a move that came after operators complained that the large upfront investment and ongoing energy costs of operating the ventilation systems were economically not feasible for most operators and near impossible for social equity licensees.

Also Tuesday, regulators loosened air-ventilation standards for marijuana consumption, which provided more clarity for operators to move forward with construction plans in one of the nation’s largest tourism markets.

Despite the licensing actions, the only legal consumption lounge currently open in the state is the NuWu Cannabis Marketplace located on tribal land near downtown Las Vegas.

Opiates and Opioids

Despite Widespread Belief That Migrants Are Smuggling Fentanyl from Mexico, Nine Out of Ten Fentanyl Trafficking Busts Are of US Citizens. A recent NPR-Ipsos poll found that 39 percent of Americans and 60 percent of Republicans believe "Most of the fentanyl entering the US is smuggled in by unauthorized migrants crossing the border illegally," but that belief is mistaken.

According to data from the US Sentencing Commission, US citizens accounted for 89 percent of people convicted of fentanyl trafficking, a number 12 times greater that the number of illegal immigrants convicted on those charges.

Similarly, 93 percent of border fentanyl seizures occurred at legal ports of entry or interior vehicle checkpoints, not on illegal migration routes. That elevates the prospect for US citizens—who are subject to less scrutiny—to be successful fentanyl smugglers. Just 0.009 percent of people arrested by the Border Patrol for illegal border crossings were found with any amount of fentanyl.

This is something for policymakers to ponder when attempting to come up with solutions for the fentanyl problem.

CO Now Allows Online Weed Sales, MD Lawmakers Eye Changes to New Pot Law, More... (8/21/23)

by psmith, August 21, 2023, 03:21pm, (Issue #1195)

Bipartisan lawmakers urge the VA to end its ban on doctors recommending medical marijuana to vets in states where it is legal, Colorado now allows online weed sales, and more.

Marijuana Policy

Colorado Now Allows Online Weed Sales. As of this month, Coloradans can purchase their marijuana online—but they still have to go to the pot shop to pick it up. Gov. Jared Polis (D) in June signed into law House Bill23-1279, which amended the state marijuana law to allow for online sales.

The bill says: "Licensed retail marijuana store may accept payment online for the sale of retail marijuana and retail marijuana products."

"What the bill mainly aims to do, from my perspective, is reduce cash in the marijuana space, which is something that is exceedingly important to do because when there is a tremendous amount of cash in any industry, it can lead to some troubling outcomes—specifically things like robbery," said Sen. Kevin Van Winkle (D). "It sets them up for tremendous amount of potential theft, and other things."

Maryland Lawmakers Looking to Amend Marijuana Legalization Law. The state's marijuana legalization law has performed admirably as the state's two-month-old legal marijuana industry nears $100 million in sales, but even so, key lawmakers are signaling that it is likely to be amended in the coming legislative session.

Maryland’s cannabis industry is less than two months old and lawmakers and regulators are already contemplating tweaks in the coming General Assembly session.

"I think everybody, the governor’s office, Cannabis Administration, ATCC [Alcohol, Tobacco and Cannabis Commission], and the legislators are evaluating everything to see if there’s stuff," said Will Tilburg, acting director of the Maryland Cannabis Administration.

Still, Tilburg and Senate Finance Committee Chair Melony Griffith (D) said some tweaks may be attempted when the legislature reconvenes next year.

"I mean, alcohol was legalized 90 years ago with the repeal of prohibition," said Tilburg. "Every year, there’s a few hundred bills related to the alcohol industry. So, we do expect that this year in the 2024 session and moving forward, we will see additional legislation to tweak this industry."

"I don’t think there’s any possibility we get through the ’24 session without some tweaking on the cannabis," Griffith said. "This is not going to be ‘We fixed it and we’ve solved all the issues and we’ll never have a bill on this subject again.’"

But neither offered any specifics.

Medical Marijuana

Bipartisan Lawmakers Ask VA Secretary to End Ban on Doctors Recommending Medical Marijuana to Vets. Three co-chairs of the Congressional Cannabis Caucus—Reps. Barbara Lee (D-CA), Earl Blumenauer (D-OR) and Dave Joyce (R-OH)—have sent a letter to Veterans Affairs Secretary Denis McDonough expressing "deep concern" that a recently updated VA marijuana directive continues to bar doctors from recommending medical marijuana to veterans in states where it is legal.

The VA "has once again denied the reality of medical marijuana as a key treatment option" for veterans with post-traumatic stress disorder (PTSD), chronic pain and other health conditions, the lawmakers wrote. The decision to continue with the "harmful policy" on medical marijuana recommendations was "alarming," they added.

"We urge you to reconsider this misguided prohibition that prevents these health professionals from considering the full range of available treatment options in consultation with their patients," the lawmakers wrote. "Giving VA providers the discretion to recommend or not recommend medical marijuana as best serves their patients would improve veterans’ services and stop forcing them to self-medicate or seek care outside of the VA system," the letter says. "It would not put providers at risk of federal prosecution from the Department of Justice and its agencies."

"Many veterans already report using cannabis for medical purposes as a substitute for prescription drugs and their side effects," they added. "VA is isolated in its continued denial of this treatment option for veterans. No one is better qualified to make recommendations on care for their patients than veterans working with their VA health care providers," the letter continues. "We applaud VA’s continued protection from retribution against veterans using medical marijuana. However, reaffirming the prohibition on recommendations, referrals, and forms for state-authorized medical marijuana puts stigma in the VA ahead of the needs of veterans. It is past time for VA to become a better partner in the path forward on this issue for our veterans. Instead of blocking veterans from equal access to this treatment option, VA should participate in the additional research and education we owe to patients and the public. We urge you to rethink the detrimental prohibition against providers serving their patients to the best of their ability where medical marijuana is authorized and regulated by their states."

Chronicle Book Review: When Crack Was King

by psmith, August 10, 2023, 04:19pm, (Issue #1193)

When Crack Was King: A People's History of a Misunderstood Era by Donovan X. Ramsey (2023, One World Press, 427 pp., $30 HB)

Black journalist Donovan X. Ramsey grew up in Columbus, Ohio, in the crack-dominated 1980s and 1990s, where he learned "crackhead" as an insult before he even knew what it meant. One reason he didn't know what it meant was because no one in the community talked openly about the drug crisis ripping through Columbus and other cities across the country after crack took off in the early '80s.

Later, that silence struck him as weird. "It was like growing up in a steel town where nobody talked about steel," he writes in When Crack Was King. After establishing himself as a freelance journalist whose credits include the New York Times, the Wall Street Journal, the Atlantic and Ebony, Ramsey set out to chronicle the crack epidemic of his youth. Five years and hundreds of interviews later, this book is the result.

One place where Ramsey makes an invaluable contribution is in setting the stage for the arrival of crack. He writes about the victories and promise of the civil rights struggles of the 1960s and how, as the country began exporting manufacturing jobs abroad in the 1970s and '80s, the Black vision of achieving the American dream turned to grief and despair. It wasn't just declining economic prospects, though; it was a determined political counterattack led by Richard Nixon and Ronald Reagan that, based on Nixon's 1968 Southern strategy, demonized the Black community, unleashing our decades-long experiment with mass incarceration and filling prisons with Black bodies.

Grief and despair may have weakened Black defenses against crack and made it all to easy to slip into the drug's intense embrace -- and crack addiction ruined the lives of countless people -- but it was the flipside of grief and despair that make the crack trade so attractive to so many. With the civil rights revolution of the 1960s came aspirations toward Black upward mobility, as evidenced by popular culture programming such as Fresh Prince of Belair, The Jeffersons, and the Cosby Show, and in Black neighborhoods across the country where good jobs were vanishing, involvement in the crack trade offered not only upward mobility and its outward signs -- expensive cars, gold chains, high-dollar sneakers, and the like -- but for many in the industry, the more basic goal of finding enough money to put food on the table. If grief and despair drove use, envy and foreclosed opportunity drove the corner rock-slingers and those who rose above them into the trade.

As Ramsey narrates the history of crack, When Crack Was King provides a useful corrective to the hysterical coverage the drug got amidst the epidemic. He demolishes the notions of "crack babies" and "super predators," and exposes "crack heads" as real human beings with problems, not zombie harbingers of the apocalypse. And he dissects the draconian drugs laws passed amid the moral panic around the death of basketball star Len Bias -- laws that led to tens of thousands of Black men and women disappearing behind bars for years or decades. If crack decimated inner city neighborhoods, so did the war on crack.

(As for crack destroying the inner city, comedian Chris Rock had something to say about that: "Crack is everywhere, crack everywhere… you know what they say? 'Crack is destroying the black community.' 'Crack is destroying the ghetto.' Yeah, like the ghetto was so nice before crack! They say that shit like everybody had at least a mansion, a yacht and a swimming pool… then crack came by and dried it all up!)

One of the more unique and enrichening features of When Crack Was King is Ramsey's use of the stories of four survivors of the crack era to paint a deeper portrait of the drug's impact. We meet Lennie Woodley, a girl from a broken family in South Central Los Angeles, where factory jobs had fled, leaving "gangbangers, hustlers, and pimps" to fill the vacuum. Fleeing sexual abuse by an uncle, she took to the streets as a young teen, falling into a life of prostitution salved by crack addiction. It is not a pretty story, but it brings home some ugly realities.

We also meet Elgin Swift, a white kid from poor, multi-racial Yonkers, New York, whose dad was a crack addict and who slung rocks on the side to make enough money for food, bus fare, and other household essentials. He came through the crack era wounded but sound and, having parlayed his crack-selling skills toward more socially acceptable ends, now runs a chain of automotive dealerships.

And then there's Shawn McCray from the projects in Newark, whose basketball prowess got him into college and who barely escaped a prison sentence for selling crack when a judge showed him mercy. He stayed on the edges of the life, though, until dozens of his friends in the city's notorious Zoo Crew crack-selling machine were wrapped up and marched off to prison in a massive bust. After that, McCray walked away, turning his attention to youth athletics. He is now a major figure in Newark youth athletic programs.

Crack didn't destroy Elgin Swift or Shawn McCray, but the drug and society's response to it -- repression -- deeply impacted their lives.

And then there's Kurt Schmoke. Ramsey profiles the man who became the first Black mayor of Baltimore and who in 1988, in the midst of the crack wars, became the first major politician to call for drug decriminalization. That hasn't happened yet (except in Oregon), but Ramsey holds him up not only as a profile in courage but in pragmatism. Schmoke may not have achieved decrim, but he delivered the first major blow to the drug war paradigm by speaking out. (And he managed to get city-sponsored needle exchanges going in 1994)

A heady mix of urban ethnography, social history, and political and cultural critique, When Crack Was King is a worthy addition to the literature of the drug.

San Francisco Jail Being Filled with Drug Law Violators, Partisan Gap in Support for Legal Weed, More... (8/9/23)

by psmith, August 09, 2023, 03:52pm, (Issue #1193)

The man who was once Colombia's most powerful cocaine traffickers gets decades in US prison, New Hampshire will study the state liquor store model for potential legal marijuana sales, and more.

Open-air drug scene in San Francisco's Tenderloin. There is a crackdown going on. (AdamChandler86)

Marijuana Policy

Gallup Poll Now Has Republican Majority for Marijuana Legalization but Partisan Gap Remains. New polling data from Gallup on partisanship among the American electorate shows that a majority of Republicans -- 55 percent -- now support marijuana legalization, but Democrats supported it at a much higher level -- 83 percent. Support among independents was not measured.

While Democrats have historically been more likely to be legalization supporters, the partisan gap has widened over the past decade because support among Democrats has risen much faster than among Republicans. Overall, though, support for legalization among all Americans remain near or at an all-time high -- with majorities of self-identified Democrats, Republicans, and Independents all backing legalization.

New Hampshire Governor Signs Bill for Commission to Study State Marijuana Sales. Gov. Chris Sununu (R) has signed into law House Bill 611, which will create a commission to study on how the state could handle legal marijuana sales in a way similar to the state liquor store model already in place in the Granite State.

"New Hampshire has an opportunity to safely regulate the sale of marijuana with a model few others can provide," Sununu said. "By establishing a commission to study state-controlled sales, this bill will bring stakeholders from across New Hampshire together to ensure that preventing negative impacts upon kids remains our number one priority."

The state-control model of cannabis legalization the governor favors was met with widespread skepticism from both Democrats and Republicans in the state legislature earlier this year, but the legislature has failed to pass any form of legalization so far.

Drug Policy

Former Leader of Colombia's Gulf Clan Cartel Sentenced to 45 Years in US Prison. On Wednesday, Dairo Antonio Úsuga David, known by various aliases, including "Otoniel," a citizen of Colombia, was sentenced by United States District Judge Dora L. Irizarry to 45 years’ imprisonment for engaging in a continuing criminal enterprise as a leader of the multibillion-dollar paramilitary and drug trafficking organization known as the "Clan del Golfo" (CDG -- the Gulf Clan).

Úsuga David was also sentenced to 45 years' imprisonment for engaging in a maritime narcotics conspiracy and 45 years' imprisonment for engaging in a narcotics importation conspiracy. The sentences will run concurrently. As part of the sentence, the Court ordered Úsuga David to pay $216 million in forfeiture. The defendant pleaded guilty to all three charges in January 2023.

Úsuga David controlled an armed force of about 1,800 men, mainly recruited from former rightist paramilitary groups and operated Colombia's biggest drug trafficking organization until his arrest in 2021 by the government of Conservative then-President Ivan Duque. He was then extradited to the US to face charges, although there are also suggestions that he was extradited to avoid having him answer questions that could link rightist paramilitaries to Conservative Party politicians.

"Otoniel led one of the largest cocaine trafficking organizations in the world, where he directed the exportation of massive amounts of cocaine to the United States and ordered the ruthless execution of Colombian law enforcement, military officials, and civilians," said Attorney General Merrick Garland. "This sentence sends a clear message: the Justice Department will find and hold accountable the leaders of deadly drug trafficking organizations that harm the American people, no matter where they are and no matter how long it takes."

San Francisco Jail Population Jumps as Drug Arrests Mount. For the first time in years, the jail population in the city has hit the 1,000 mark, driven largely by a renewed emphasis on drug arrests. The average daily jail population was 1,277 in 2019 and dropped to 850 in 2020 amidst the early stages of the coronavirus pandemic.

Even though crime reports in the city are down slightly over last year, drug arrests are up a dramatic 36 percent, especially since the city launched an initiative on May 30 to arrest people for public drug use. That push tipped the jail population past the 1,000 mark; it hit 1,001 on Tuesday.

David Mauroff, executive director of a nonprofit called the San Francisco Pretrial Diversion Project, which provides resources to people who are awaiting criminal trial, said the increase in arrests has squeezed his organization's ability to properly serve clients.

"The city has now decided that arrest, prosecution and incarceration is the answer to our public safety issues," Mauroff said. "It's been demonstrated by volumes of research and science that the war on drugs failed."

Drug arrests are not the only thing fueling the jail population jump. The Public Defender's Office has been holding sit-in all summer to protest court backlogs that have denied more than 1,100 people the right to a speedy trial. The office said 115 people have been held in jail for months or even years past their speedy trial deadlines.

Manhattan US Attorney Warns on Safe Injection Sites, Ayahuasca Church Moves to Maine, More... (8/8/23)

by psmith, August 08, 2023, 03:33pm, (Issue #1193)

Four veterans are suing New York marijuana regulators over the application of social equity provisions, New Hampshire's governor signs a fentanyl and xylazine test strip decriminalization bill into law, and more.

Fentanyl test strips are now decriminalized in New Hampshire. (Creative Commons)

Marijuana Policy

New York Lawsuit Challenges Application of Marijuana Social Equity Provisions in State Law. Four veterans have filed a lawsuit against the state's marijuana regulators, the Office of Cannabis Management and the Cannabis Control Board. The lawsuit charges that although service-disabled veterans are listed as a sub-group of social equity applicants who are supposed to be prioritized for licenses, the regulating agencies have established a process that makes having a marijuana-related criminal conviction an initial eligibility requirement, disqualifying disabled vets who would otherwise be eligible under the social equity provisions.

"The statute specifically included those individuals as individuals that would be prioritized with respect to applying for and gaining approval of an adult use retail license," said plaintiff's attorney Matt Morey. "The regulations that were then adopted, well not necessarily prohibiting any disabled service veteran from applying, they would have to then satisfy the other various CAURD (conditional adult-use retail dispensary) requirements, which is that they were convicted of a marijuana-related offense prior to March 31 of 2021," Morey said.

The lawsuit has resulted in temporary injunction from the judge in the case that bars the state from issuing any new licenses or approving any new retail outlets to open. That injunction will last at least until Friday when the judge will hear arguments about whether the current program is constitutional.

Psychedelics

Ayahuasca Church Moves to Maine. A church that uses ayahuasca as a sacrament in its services has relocated from New Hampshire to Maine. The church, Pachamama Sanctuary, has obtained 40 acres of land in Casco to serve as a retreat center and spiritual sanctuary.

"People in the community come here to make a connection with the spirit, with God, higher power, whatever they decide to call it," said Derek Januszewski, founding pastor of the church.

Januszewski said the church moved not because of legal hassles in New Hampshire -- there were none -- but because of zoning problems with their old building.

Although ayahuasca contains DMT, a Schedule I drug under the Controlled Substances Act, the US Supreme Court ruled in 2006 that a small religious sect originating in Brazil, the Uniao Do Vegetal (Union of the Vegetable) was entitled under the Religious Freedom Restoration Act to use it for religious purposes. It is not clear if the Pachamama Sanctuary is part of that church.

Harm Reduction

Manhattan US Attorney Warns He Could Shut Down New York City Safe Injection Sites. US Attorney for the Southern District of New York Damian Williams said Monday that two city-approved safe injection sites are operating in violation of state and federal law and that he could be forced to act if the situation does not change.

"I have repeatedly said that the opioid epidemic is a law enforcement crisis and a public health crisis," said Williams. "But I am an enforcer, not a policymaker." The situation is "unacceptable," he added. "My office is prepared to exercise all options -- including enforcement -- if this situation does not change in short order."

Although widely accepted in Europe, Australia, and Canada, safe injection are considered illegal in the US under the "crack house statute," which bars people from maintaining property where controlled substances are consumed. A Philadelphia safe injection site effort was blocked by the Trump-era Justice Department, and that case remains unresolved as the Biden Justice Department attempts to negotiate a settlement.

But faced with a growing drug overdose crisis, New York City did not wait for the resolution of that case or for lawmakers to change state law and instead okayed two safe injection sites in December 2021.

New Hampshire Decriminalizes Fentanyl, Xylazine Test Strips. Late last week, Gov. Chris Sununu (R) signed into law House Bill 287, which decriminalizes fentanyl and xylazine test strips by removing them from the state's definition of drug paraphernalia.

Fentanyl was implicated in 410 of the state's 486 drug overdose deaths last year.

Under previous state law, only needle exchange programs were allowed to distribute test strips. People in possession of test strips who were not needle exchange workers or clients could be charged with a misdemeanor punishable by up to a year in jail.

Executive Branch

NCAA Moves to End Marijuana Ban, Study Finds Mexican Cartels a Major Employer, More... (9/25/23)

DHS Rolls Out Strategy for Combatting Illicit Opioids, UN Report Calls for Decriminalization, More... (9/20/23)

San Francisco Drug Crackdown Sparking Violence, SAFE Banking Act Hits "Sweet Spot," More... (9/19/23)

HHS Recommends Rescheduling Weed, Coalition Seeks to Undo OR Drug Decriminalization, More... (9/30/23)

DEA Hired "Legacy" Job Applicants Despite Failed Polygraph Tests, DeSantis Rejects Legal Weed, More... (8/28/23)

US Citizens Dominate Fentanyl Trade, NV Regulators Approve More Social Consumption Lounges, More... (8/24/23)

CO Now Allows Online Weed Sales, MD Lawmakers Eye Changes to New Pot Law, More... (8/21/23)

Chronicle Book Review: When Crack Was King

San Francisco Jail Being Filled with Drug Law Violators, Partisan Gap in Support for Legal Weed, More... (8/9/23)

Manhattan US Attorney Warns on Safe Injection Sites, Ayahuasca Church Moves to Maine, More... (8/8/23)

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