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Seattle Mayor's Executive Order on Public Drug Use, UT MedMJ Workers Unionize, More... (9/29/23)

A former Michigan medical marijuana regulator heads to prison for bribery, the Jacksonville Sheriff's Office rejects cocaine field tests as "unreliable," and more. 

Cocaine or not cocaine? A Florida sheriff's office is foregoing cocaine field tests after finding them unreliable. (Pixabay)
Medical Marijuana

Michigan Former Medical Marijuana Top Regulator Heads for Prison on Bribery Charges. The former head of the state's Medical Marihuana Licensing Board was sentenced to 55 months in federal prison Thursday after earlier pleading guilty to soliciting and accepting bribes. Rick Johnson, a Republican who is also the former Speaker of the House, headed the now defunct board, which was in charge of reviewing and granting licenses for people seeking to grow and sell medical marijuana.

"Today's sentence sends a very strong message that public corruption will not be tolerated in the state of Michigan," Mark Totten, US Attorney for the Western District of Michigan, said after the sentencing. "The length of this sentence reflects the seriousness of the offense."

Johnson admitted receiving at least $110,000 in payments, $20,000 in loans that did not have repayment terms, and "thousands of dollars" in services from a sex worker. Johnson chaired the board from 2015 to 2017. Gov. Gretchen Whitmer (D) dismantled the board in 2019.

Utah Dispensary Workers Vote to Unionize with UFCW. Workers at the Dragonfly Wellness medical marijuana dispensary in Salt Lake City voted Tuesday to join the United Food and Commercial Workers (UFCW). The unionization vote involved 30 employees, who become the first in the state's medical marijuana industry to unionize.

"Employees included in the newly formed cannabis union include Dragonfly Wellness associates, team leads, drivers, delivery leads, inventory specialists, pharmacists, and head trainers," according to a UFCW Local 99 news release.

Drug Policy

Seattle Mayor Issues Executive Order Guiding Implementation of New Law Prohibiting Public Consumption of Drugs. On Thursday, Mayor Bruce Harrell (D) issued Executive Order 2023-006, guiding implementation and data collection related to the Public Safety and Health Response to the Opioid Crisis Ordinance prohibiting public consumption of fentanyl and other drugs. This follows Mayor Harrell’s April Executive Order addressing fentanyl and the synthetic drug crisis, part of the City’s dual public health and public safety approach to the issue, including advancing innovative treatment solutions to help people access services and get well. 

"Fentanyl and other dangerous drugs are killing people, causing harm, and creating unsafe conditions Downtown and in neighborhoods across Seattle. This law gives us another tool to help those in need access treatment and to keep sidewalks and neighborhoods welcoming for all residents, and my Executive Order provides needed implementation guidance and ensures we are collecting data to measure effectiveness," said Harrell. "We are committed to learning lessons from the past, holding traffickers, dealers, and those causing the most harm accountable, and helping people access treatment and care through diversion services." 

The Executive Order provides direction to officers on how to enforce the ordinance, including examples of how public use and possession can be established and factors that will guide the threat of harm assessment. The Executive Order makes clear that harm pertains to the impact on the ability of others to use shared public space and identifies areas that have a high likelihood of the presence of other community members and where the use of controlled substances impacts public safety and security.  

Mayor Harrell’s Executive Order also reaffirms that diversion is the preferred response to public use and possession offenses and sets expectations for how officers will handle situations where a threat of harm to others is not present. Mayor Harrell’s budget, announced earlier this week, includes millions toward diversion programs and efforts to provide treatment and curb overdose deaths. 

Lastly, the Executive Order calls for the collection of data to assess the scope of public use and possession of controlled substances to both better understand the problems facing the City and to create a baseline to measure the effectiveness of the ordinance and its enforcement. This includes analyzing data from Public Health — Seattle & King County, SPD, and other sources. 

The legislation passed by the Council and signed by Mayor Harrell will take effect next month. In effect, it will:  

  • Codify state law making public consumption of illegal drugs a gross misdemeanor in the City’s criminal code.   
  • For the first time in the City’s history, designate diversion and treatment as the preferred approach to addressing substance use issues – connecting people with care and responding to a public health crisis with evidence-based health solutions.   
  • Define a new threat of harm standard – differentiating between drug use that threatens others, recognizing the real and perceived danger of consumption of illegal drugs in public places, and aiming to support safe and welcoming neighborhoods by reducing public use. 

The ordinance, this Executive Order, and the forthcoming SPD policy are just one aspect of the City’s efforts to address the public health and safety concerns caused by synthetic narcotics.

Drug Testing

Florida Sheriff's Office Ends Use of "Unreliable" Cocaine Testing Kits. The Jacksonsville Sheriff's Office announced Wednesday it would stop using cocaine field tests after finding they generate false-positives for common over-the-counter medications. The office issued a memo ordering personnel to quit using the Scott Company cocaine kits immediately and return any unused ones.

Officers will now need to submit suspected cocaine to the Florida Department of Law Enforcement laboratory for formal testing. Only if it tests positive at the state lab should officers seek an arrest warrant.

While field test results are not by themselves sufficient evidence to prosecute a drug possession case, a positive field test had been enough for an officer to make an arrest, and defendants often plead in drug cases rather than take the cases to trial. Thus, it is possible false positives have resulted in wrongful arrests and convictions.

"Following a meeting this morning with law enforcement, we became aware that field test kits for cocaine have resulted in false positives. We immediately informed the Public Defender’s Office, Regional Conflict Counsel, the Chief Judge, and local Criminal Defense Bar of this development. We are conducting a thorough review of cases potentially implicated to determine what actions need to be taken moving forward to address this issue."

The office "is now exploring new product options for presumptive field-testing kits for cocaine for future use."

House Passes Defense Bill with Psychedelic Research Amendments, FL Bans Tianetpine, More... (9/28/23)

A broad range of advocacy groups is calling on Congress to support a bill to allow temporary scheduling and testing of fentanyl analogs, Maine's largest city moves toward natural psychedelic decriminalization, and more.

Zaza, a product containing the opiate-like drug tianeptine, is now banned in Florida. (Creative Commons)
Opiates and Opioids

Rights Groups Call on Congress to Support Fentanyl Analog TEST Act. A long list of health policy, drug policy, criminal justice reform, civil and human rights, and advocacy organizations have sent an open letter to the Senate calling on members of that body to cosponsor and support the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2023 (TEST Act). This bill would allow the Drug Enforcement Administration (DEA) to place new fentanyl-related substances (FRS) in Schedule I for up to four years, during which time the Department of Justice (DOJ) and Health and Human Services (HHS) would have to conduct a scientific and medical evaluation of each substance and publicly report the findings.

"Congress has preemptively placed all FRS on Schedule I of the Controlled Substances Act (CSA) as a class – even those that do not exist," the signatories wrote. "Congress has considered circumventing the scientific research requirements under current law by passing bills such as the HALT Fentanyl Act (H.R. 467), which would automatically designate any FRS as dangerous without studying a substance at all. Temporary scheduling authority is intended to allow the DOJ the time to conduct the scientific and medical evaluations it is required to by law. By allowing DOJ to designate the entire class of FRS as Schedule I without conducting scientific and medical research, Congress may inadvertently leave undiscovered therapeutic medications similar to naloxone and other life-saving medications at a time when the U.S. is facing record numbers of overdose deaths.

"We believe Congress should pass the TEST Act, which would create a statutory period of up to four years for the DOJ to conduct the scientific and medical evaluation of a substance, facilitate the research of FRS, and ensure that substances are placed on the drug schedule according to their scientific profile and potential for abuse."

Signatories include the American Civil Liberties Union, the Center for Law and Social Policy (CLASP), the Drug Policy Alliance, Human Rights Watch, the Leadership Conference on Civil and Human Rights, the National Council of Churches, the National Harm Reduction Coalition, the Prison Policy Initiative, StoptheDrugWar.org, the Sentencing Project, and the Washington Office on Latin America.

Psychedelics

House Approves Psychedelic Research Amendments as Part of Defense Spending Bill. The House voted Wednesday to approve the annual defense appropriation bill, which included two amendments opening the door to research on psychedelics.

The first, 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 second amendment, from Crenshaw alone, lays the parameters for the trials, which would involve active duty service members with post-traumatic stress disorder (PTSD) or traumatic brain injuries (TBI). The Defense Health Agency would need to send a report to Congress with its findings.

Portland, Maine, Advances Proposal to Decriminalize Psychedelic Plants and Fungi. The city council's Health and Human Services and Public Safety Committee voted unanimously last week to advance a resolution that would decriminalize natural psychedelic plants and fungi. The full council is expected to vote on the resolution by mid-October.

In approving the resolution, the committee also amended it to allow for home cultivation for personal use and sharing without compensation. Selling or dispensing the substances would remain a criminal offense.

The plants and fungi covered by the measure, backed by organizers at Decriminalize Maine, include those containing psilocybin, psilocyn, ibogaine, mescaline (except peyote), and dimethyltryptamine (DMT). Peyote is excluded "in light of its vulnerable ecological status, combined with its religious and cultural significance to Indigenous peoples."

The resolution says "that City of Portland departments, agencies, boards, commissions, officers or employees of the city should avoid using city funds or resources to assist in the investigation, criminal prosecution or the imposition of criminal penalties" for the use, possession, cultivation, or sharing of small amounts of the substances "shall be among the lowest law enforcement priority of the City of Portland."

Drug Policy

Florida Bans Tianeptine. Attorney General Ashley Moody (R) has announced an emergency ban on tianeptine, which is regulated and used as a tricyclic antidepressant in over 60 countries but is unregulated in the US. Sold at gas stations and convenience stores under product names such as Zaza, the drug is known colloquially as "gas station heroin" because it causes opioid-like withdrawal symptoms in some users.

"We filed an emergency rule to outlaw tianeptine, an extremely dangerous chemical being sold at gas stations, convenience stores and smoke shops in our state. Tianeptine is linked to five deaths nationwide. And so far this year, Florida’s Poison Control Center has fielded 15 calls about exposure to this drug," Moody said. 

Her action places tianeptine in Schedule I, meaning it becomes a felony to use, possess, manufacture, or distribute the drug.

Alabama, Tennessee, Minnesota, Georgia, Oklahoma, Michigan, Indiana, Kentucky, Ohio, and Mississippi have already banned tianeptine. 

The ban is temporary, but Moody said she would work with the legislature to make the ban permanent in the next legislative session.

Pushing for Social Equity as Pennsylvania Heads Toward Marijuana Legalization [FEATURE]

Pot prohibition in Pennsylvania is getting squeezed. Of its neighboring states, Maryland, New Jersey, and New York have already legalized marijuana, Ohio voters will have their chance to approve it in November, and only West Virginia shares the state's status as a medical marijuana-only state.

State Sen. Sharif Street (D-North Philadelphia) is a key cosponsor of a marijuana legalization bill. (pa.gov)
Efforts to advance adult use legalization in Harrisburg have been stymied for years by Republican control of the statehouse, but after last year's elections, the state now has a Democratic governor in Josh Shapiro, the House now has a Democratic majority, and cracks are now appearing in the Republican-led Senate, where at least two GOP senators are ready to get on board.

Gov. Shapiro in March proposed marijuana legalization as part of his 2023–2024 budget, and this year, there are once again are marijuana legalization bills before the legislature. Rep. David Delloso has once again filed a state liquor store model legalization bill, House Bill 1080, and one of those Republican Senate converts, Sen. Dan Laughlin, is the cosponsor of another legalization bill, Senate Bill 846.

"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin upon filing the bill in July. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."

The bill would legalize the possession of marijuana by people 21 and over and set up a system of taxed and regulated marijuana commerce. It would also address social equity by granting licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. It would also all non-violent marijuana convictions. Ensuring that minority communities disproportionately impacted by drug prohibition is critical, Black legislators say.

"We have a unique and singular opportunity to correct decades of mass incarceration, disproportionate enforcement against marginalized communities, the criminalization of personal choice and the perpetuation of violence, which all materialized from the failed war on drugs," said Sen. Sharif Street, a Democratic cosponsor of the bill. "Legalizing the adult use of cannabis will help us fully and equitably fund education, lower property taxes, and address a variety of community needs throughout Pennsylvania."

Social equity was definitely on the mind of attendees at last week's Cannabis Opportunities Conference—partof the Diasporic Alliance for Cannabis Opportunity’s (DACO) Black Cannabis Week. The event was hosted by Sen. Street and covered by Marijuana Moment.

"This is going to be a multibillion-dollar industry," Street. "We need to make sure that we’re inclusive … We need to make sure that folks can participate at every level of this industry."

Bill cosponsor Rep. Donna Bullock (D), who has previously spoken out against the dominance of large, multistate marijuana companies, was adamant that legalization come with strong social equity provisions.

"No bill will move with my name on it until I’m comfortable that we actually answer those questions," she said. "No bill will move with my name on it until I know for sure we’re not repeating the mistakes of equity in name only. If you think you’re going to get me with just some expungements, you got it wrong," she added.

"I think sometimes some people get scared to say ‘Black,’" Rep. Darisha Parker (D) said. "If we’re going to really do this for a legislative perspective, then all of us in the state need to make sure that we’re actually doing it, making sure that we’re actually supporting the individuals for this social equity bill that we’re going to be putting forward. This is our reparations," she added. "Let’s get busy."

These Black lawmakers agreed that they were willing to take the time to get it right; to ensure that some of the harms done by the drug war be redressed and that the communities that suffered them get recompense.

Lawmakers are "still taking inventory" to see what’s worked in other states and what hasn’t, Parker said.

"We’ve had … a hundred years of getting this wrong. I’m not in a rush to get it wrong again," said Bullock.

Street concurred, saying that in Pennsylvania "we’re usually not the first to get anything done, but we’d like to be the first to get it right."

It looks like there is some work to be done to make sure marijuana legalization aids those communities harmed by the drug war, and it looks like there is a committed legislative contingent in Harrisburg ready to make sure that happens. Stay tuned.

House Dems Reintroduce Weed Legalization Bill, San Francisco Mayor Wants Forced Treatment for Benefits, More... (9/22/23)

Wisconsin Democrats roll out a marijuana legalization bill, a Pennsylvania medical marijuana expansion bill passes the Senate, and more.

Members of the Sinaloa Cartel parading through San Gregorio Chemic in Chiapas state, near the Guatemalan border. (YouTube)
Marijuana Policy

House Democrats Reintroduce Comprehensive Marijuana Reform Legislation. House Judiciary Committee Ranking Member Jerrold Nadler (D-NY), along with Representatives Earl Blumenauer (D-OR), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX) and Nydia Velázquez (D-NY) have reintroduced the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 5601), one of the most comprehensive marijuana reform bills ever introduced in the U.S. Congress.

Following efforts led by states across the nation, the MORE Act decriminalizes marijuana at the federal level. The bill also aims to correct the historical injustices of failed drug policies that have disproportionately impacted communities of color and low-income communities by requiring resentencing and expungement of prior convictions. This will create new opportunities for individuals as they work to advance their careers, education, and overall quality of life. The MORE Act also ensures that all benefits in the law are available to juvenile offenders.

The bill:

  • Decriminalizes marijuana at the federal level by removing the substance from the Controlled Substances Act. This applies retroactively to prior and pending convictions, and enables states to set their own policy.
  • Requires federal courts to expunge prior convictions, allows prior offenders to request expungement, and requires courts, on motion, to conduct re-sentencing hearings for those still under supervision.
  • Authorizes the assessment of a 5% sales tax on marijuana and marijuana products to create an Opportunity Trust Fund, which includes three grant programs:
    • The Community Reinvestment Grant Program: Provides services to the individuals most adversely impacted by the War on Drugs, including job training, re-entry services, legal aid, literacy programs, The Cannabis Opportunity Grant Program: youth recreation, mentoring, and substance use treatment.  
    • Provides funds for loans to assist small businesses in the marijuana industry that are owned and controlled by socially and economically disadvantaged individuals
    • The Equitable Licensing Grant ProgramProvides funds for programs that minimize barriers to marijuana licensing and employment for the individuals most adversely impacted by the War on Drugs.
  • Opens up Small Business Administration funding for legitimate cannabis-related businesses and service providers.
  • Provides non-discrimination protections for marijuana use or possession, and for prior convictions for a marijuana offense:
    • Prohibits the denial of any federal public benefit (including housing) based on the use or possession of marijuana, or prior conviction for a marijuana offense.
    • Provides that the use or possession of marijuana, or prior conviction for a marijuana offense, will have no adverse impact under the immigration laws.
  • Requires the Bureau of Labor Statistics to collect data on the demographics of the industry to ensure people of color and those who are economically disadvantaged are participating in the industry.

The MORE Act has the support of a broad coalition of civil rights, criminal justice, drug policy, and immigration groups, including: the Leadership Conference on Civil and Human Rights, Drug Policy Alliance, NORML, Better Organizing to Win Legalization, and Minorities for Medical Marijuana, the Center for American Progress, and Students for Sensible Drug Policy.

Wisconsin Democrats File Marijuana Legalization Bill. State Sen. Melissa Agard and state Rep. Darrin B. Madison have introduced a marijuana legalization bill. This bill would allow Wisconsin to join thirty-eight states and the District of Columbia that have passed laws broadly legalizing cannabis in some form. Republican majorities in the legislature have blocked any progress on such bills in the past.

"I’ve said this time and time again – we know that the most dangerous thing about cannabis in Wisconsin is that it remains illegal," said Sen. Agard. "For the past decade, I have worked to undo Wisconsin’s antiquated and deeply unjust marijuana policies and put our state on a prosperous path forward.  

"Legalizing cannabis is a matter of public safety and racial justice here in Wisconsin," said Rep. Madison. "People in Wisconsin indulge in cannabis use and deserve the ability to buy safe cannabis and use it responsibly without being criminalized. According to the ACLU, Black people were 4.24 times more likely to be arrested than white people in Wisconsin during 2018. Similar disparities exist in convictions, leading to immeasurable harm to black communities in Wisconsin. The bill we’ve introduced today lays a solid foundation for those that have been harshly convicted for non-violent possession charges and the ramifications of those convictions." 

Under the proposal, adults in Wisconsin aged 21 and older could legally have marijuana in their possession. The measure would also lay the groundwork for a regulated cannabis market to launch in the state.

Medical Marijuana

Pennsylvania Senate Passes Bill to Expand Medical Marijuana Program. The Senate has approved a bill that would expand the state’s medical marijuana program by allowing growers to sell directly to patients despite ongoing federal cannabis prohibition. The bill was approved last Wednesday on a 44-3 vote.

Sen. Chris Gebhard and a bipartisan coalition of senators introduced Senate Bill 773  earlier this year. The current state medical law authorizes licenses for 25 businesses growing and processing medical marijuana, but only five of those licensees can sell directly to patients through vertically integrated dispensaries. SB773 would allow all medical marijuana growers and processes to sell directly to patients.

The bill now goes to the House, where it may become a vehicle for broader reforms, from allowing for patient home cultivation to converting the bill into a full-on legalization bill. But changes too profound could endanger an amended bill's prospects back in the Senate, which would have to address any changes.

"There will certainly be vigorous discussions there on what shape this bill will come back to the Senate in said Sen. Dan Laughlin (R). "If this becomes a vehicle for adult use, I doubt that it would pass this chamber. However, I think if they do add home-grown to this bill, it would strengthen the bill and I believe that we would be able to get it through this chamber as well."

Drug Policy

San Francisco Mayor Proposes Mandatory Drug Treatment for Cash Assistance Programs. Trying a new tack in the city's ongoing effort to get a grip on open air drug use and an overdose crisis, Mayor London Breed is now proposing that city residents with addiction issues who receive cash assistance be required to undergo drug treatment in order to keep receiving payments. The proposal would have to be approved by the Board of Supervisors.

Under the proposal, people who apply for County Adult Assistance Programs would have to undergo screening for substance use disorder and participate in a treatment program if they're found to have an addiction. People who refuse or who "do not successfully engage in treatment" would not be eligible for cash assistance.

"We fund a wide range of services, and we want to help people get the care they need but under current state law, local government lack tools to compel people into treatment," Breed said. "This initiative aims to create more accountability and help get people to accept the treatment and services they need."   

Some, but not all, supervisors are on board. Board President Aaron Peskin demurred, saying that Breed should focus on stopping dealers and open-air drug markets rather than "drug testing people on welfare."

"If she can't find the way to prevent several hundred brazen criminals from selling deadly drugs -- how does she think she will find the resources to drug test thousands of welfare recipients?" Peskin said

Drug Testing

Washington Department of Corrections Sued Over Faulty Drug Tests, Harsh Punishments. Columbia Legal Services (CLS) filed a class action complaint against the Washington State Department of Corrections (DOC), challenging the widespread practice of imposing harsh discipline on people in DOC facilities based on unreliable drug testing. People have faced months in solitary confinement, delays in release from prison, loss of visitation, and other cruel punishments after colorimetric tests have returned "presumptive" positive results on incoming mail and other possessions.

Clifton Bell, et al. v. Washington State Department of Corrections, filed in Thurston County Superior Court last Friday, alleges that DOC’s actions violate plaintiffs' rights under Washington State law and the Washington State Constitution.Plaintiff Gregory Hyde was placed in administrative segregation (another term for solitary confinement) for almost five months after a presumptive positive test result. The item that tested positive for drugs was a packet of crossword, word search, and Sudoku puzzle books sent by Mr. Hyde’s father and stepmother.

After facing months of irreversible disciplinary actions, DOC returned the books in question to Mr. Hyde with no explanation or expungement of the infraction. His father’s name remains on DOC’s records as having mailed drugs to the prison.

"I think DOC is using its power to punish people who can’t fight back," said Mr. Hyde."My elderly father just wanted to send me some puzzle books. Now they’re saying he’s a drug dealer. Now my father is too far away to see because I got transferred to a different facility. My father is impoverished and on a fixed income. I think it’s an abuse of power. I don’t think DOC should be doing this."

Manufactured by companies like DetectaChem and MMC International, the colorimetric tests (also called roadside tests or field tests) are designed to be initial screening testsand the manufacturers are clear that they require confirmatory testing to be valid. Similar test technologies have been found unlawful in many settings, including in other state prison systems. In 2021, a Massachusetts court forced that state’s DOC to stop using similar colorimetric tests from another manufacturer, with the court describing them as "only marginally better than a coin flip"at identifying drugs. The tests in that case were found to deliver false positives nearly 40 percent of the time.

International

Mexico's Sinaloa Cartel Lauded by Chiapas Townspeople for Rescuing Them from Jalisco New Generation Cartel. Townspeople in San Gregorio Chemic, Chiapas, near the Guatemalan border, cheered a 20-vehicle convoy of Sinaloa Cartel fighters as they paraded through the city after having driven out the rival Jalisco New Generation Cartel (JNGC).

JNGC fighters had seized the town and blocked the only highway access to it for nearly two weeks, killing and extorting local residents along the way. President Andres Manuel Lopez Obrador announced over the weekend that he was sending 800 National Guard troops to the area. He also implored local youth not to be seduced by the Sinaloa Cartel.

'It turns out that on the border with Guatemala, in Comalapa, towards Motozintla, there are organized crime groups that are fighting for the territory (Jalisco Nueva Generación Cartel and Sinaloa Cartel) to have spaces, to store drugs that enter from Central America, to have control of that territory and they will confront each other, fortunately there have not been many murders,' López Obrador said during his daily presser with the media.

A local Catholic priest said that local residents may have been intimidated into cheering on the Sinaloa Cartel. "Others will say that they have already allied themselves with drug traffickers. They line them up," he said. "It's not that they want to. There will be people who do it on their own, but people are being forced and that is not worth it. People are being forced to defend one cartel, to fight for another and they are being used as cannon fodder."

Effort to Recriminalize Drug Possession in Oregon Gets Underway [FEATURE]

In November 2020, voters in Oregon made history by becoming the first in the country to break with a century of drug war by approving the decriminalization of drug possession. Measure 110 not only put an end to thousands of low-level drug arrests, it also provided hundreds of millions of dollars for drug treatment, prevention, and related services by tapping into marijuana tax revenues--$300 million so far.

On the street in Portland. (Creative Commons)
And now, an effort is underway to roll back the clock. This week, a group of political operatives and deep-pocketed donors calling themselves the Coalition to Fix and Improve Measure 110 filed a pair of proposed ballot initiatives, Fix and Improve Measure 110-Measure A and Fix and Improve Measure 110-Measure B, would once again make drug possession a crime, as well as making changes on the treatment side of the ledger.

The possession of drugs such as cocaine, fentanyl, heroin, and methamphetamine would be a misdemeanor, and there would be a new misdemeanor of public drug consumption of illicit drugs. Version "B" of the initiative would also increase penalties for some drug offenses, such as where drug use causes death or when the offender is a repeat offender. That version would also make possession of pill-making machines a felony offense.

The latter version would also shift control of Measure 110 funds from the Oregon Health Authority, which has been criticized for the slow implementation of the treatment and recovery programs, to the Alcohol and Drugs Policy Commission.

Backers of the effort include former Republican lawmaker Max Williams, political consultant Dan Lavey, progressive strategist Paige Richardson and Washington County District Attorney Kevin Barton. Financial backers include Nike co-founder Phil Knight, who spent nearly $5 million last year to put anyone but the Democrat in the governor's chair, and kicked in $200,000 for this coalition. Also anteing up are Columbia Sportswear President and CEO Tim Boyle ($300,000), real estate mogul Jordan Schnitzer ($50,000), former Columbia Distributing Company chair Ed Maletis ($50,000) and the Goodman family, a major property owner in Downtown Portland ($100,000).

Portland, the state's largest city, suffers from a high rate of homelessness, public drug use, and an on-going crisis of mental health treatment, and proponents of the initiatives draw on a culturally conservative critique of the city as a hellhole blighted by liberal leadership and wacky ideas like decriminalizing drugs to make their case.

"We know that Ballot Measure 110 didn’t create the homeless crisis or the behavioral-health crisis or is the sole reason we are seeing spikes in crime," said Williams. "But we are convinced that Measure 110 is making things a whole lot worse."

"Even casual observers of Portland can recognize we are well off track here," said Boyle, adding that recriminalizing possession may be just what users need because  "the incentive of being incarcerated is powerful. It means people take it seriously. They have an incentive for getting clean."

But treatment providers, affected families, and reform advocates say that while Measure 110 has its issues, reverting to a prohibitionist position is not the answer.

"Drug use has been a problem in many neighborhoods for decades and overdose rates were skyrocketing before passage of Measure 110," said Larry Turner, co-founder and a community navigator of Fresh Out in Portland. "Before passing new laws that will take us back to the days when Black and brown people were disproportionately harmed by criminalization, we need to make Measure 110 more effective without overturning the law and going backwards. We need unified support from leaders committed to providing services to people who need them quickly, demanding accountability from local officials; and strongly supporting first responders and service providers. Let’s enforce the laws we have."

"My son died of a heroin overdose when personal possession was a crime. Criminalization and threat of arrest did not save him, and it will not save the thousands of sons and daughters in need of treatment in Oregon today," said Julia Pinsky of Jackson County, who started Max’s Mission in memory of her son. "The disorder, crime and human suffering on Oregon’s streets are unacceptable. We need to demand that politicians and bureaucrats stop dragging their feet, and finally deliver the housing, drug treatment, and mental health care that people need, and voters have overwhelmingly supported. The fentanyl crisis has made the need for these services even more critical. I don’t want any more families to experience the devastation of losing their child."

"It is disappointing that the people behind these petitions didn’t talk to Measure 110 providers. We could have told them what is needed to make the measure more effective. We need more support, and the entire system needs increased funding and people need a roof over their head for recovery to be successful. Arresting and jailing people with addiction means they will end up right back on the street with increased overdose risk and a criminal record that will make the road to recovery that much harder," said Shannon Jones, CEO of the Oregon Change Clinic.

"Oregonians have real concerns about the suffering and challenges they see in their communities. Nothing proposed in this initiative provides real solutions, instead it reverts to failed drug war tactics: more criminalization, coercive interventions, and to disappear people who are struggling without addressing the conditions that lead to homelessness and addiction," said Kassandra Frederique, Executive Director of the Drug Policy Alliance. "Recriminalizing drugs and forced treatment are false promises of change but will increase overdose risk, increase racial disparities in the criminal legal system, disrupt treatment for those who seek it, and saddle people with criminal records that will serve as barriers to housing, employment, education, and other services for the rest of their lives. Policymakers in Oregon must strengthen Measure 110 by expanding and making more accessible the services and supports people need to both address their needs while ensuring safety for our communities, without criminalization and coercion."

But a poll last month commissioned by the coalition had 56 percent supporting repeal of Measure 110 in its entirety and 64 percent in favor of reverting to drug criminalization. The pollsters found that respondents blamed Measure 110 for rising homelessness (54 percent) and decreased public safety (50 percent), although homelessness levels are driven largely by rental prices and although Portland ranks roughly even with other Pacific Northwest cities, such as Boise, Sacramento, and Seattle, when it comes to crime.

Numbers like that have the state's Democratic political leaders taking a very cautious line on the initiative proposals. Senate President Rob Wagner (D-Portland) and House Speaker Dan Rayfield (D-Corvallis) met with Williams, the primary architect of the campaign, on Tuesday to discuss possible legislative alternatives to an initiative campaign.

"They discussed the broad strokes of the ballot measure," said Wagner spokesman Connor Radnovich, "and were in agreement that Oregon needs to address its addiction crisis."

"I am going to take some time to review the ballot measures in detail," said Wagner." Oregon’s fentanyl and methamphetamine crisis is unacceptable. The Legislature will comprehensively tackle this crisis in the upcoming legislative session by empowering law enforcement to stop the proliferation of drugs on our streets and ensuring that people get connected with addiction treatment services. Addiction education will also be a key component of our response. Legislative leaders have been meeting with various groups to identify which specific policy proposals will be brought forward in the upcoming session."

"There is no scenario in which this upcoming legislative session doesn’t focus on helping those families and communities in need," said Rayfield. "With respect to the current proposals out there, we will continue to review them and any others that come up in the meantime."

Gov. Tina Kotek's chief of staff and other top policymakers have met with initiative proponents, said spokeswoman Elisabeth Shephard. "She has not reviewed the two ballot initiatives yet," Shepard says. "The governor has previously stated that public consumption of controlled substances is a problem that needs to be addressed. She intends to work with legislators to fix the issue and expects a bill on her desk in next year’s session."

If drug decriminalization supporters want to keep what they have achieved, they will be facing a battle on multiple fronts.

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

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.

CA Assembly Approves Bill on Workers' Weed Rights, Aussie Decrim Fight, More... (9/14/23)

Philadelphia's city council takes preemptive steps to block dispensaries from transforming into adult-use retailers, New York regulators open the way for multistate operators to get into the retail weed business, and more.

Competition for New York marijuana retailer licenses is going to heat up. (Creative Commons)
Marijuana Policy

California Assembly Approves Bill to Stop Employers Asking About Past Marijuana Use. The Assembly on Wednesday approved Senate Bill 700, which would bar employers from asking job applicants about past marijuana use. The bill has already passed the Senate, but because of technical amendments made in the Assembly Appropriations Committee, it must go back to the Senate for a final concurrence vote.

"It is unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis," the bill says, although it lays out certain exceptions, such as for public safety-sensitive and law enforcement positions.

The measure builds on a law passed last year that bars employers from penalizing most workers for using marijuana in compliance with state law. That law makes it

unlawful for employers "to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon" off-duty marijuana use or drug tests that reveal cannabinoid metabolites.

New York Regulators Open Adult-Use Retail Sales Licenses to Multistate Operators. The Office of Cannabis Management, which regulates legal marijuana in the state, voted Tuesday to allow state medical marijuana operators to apply for adult-use retail marijuana licenses, clearing the way for multistate operators to enter the largest weed market on the East Coast.

Multistate operators snapped up most of the 10 "registered organization" permits to seek the new licenses. The Office will accept applications for retail or microbusiness licenses from October 4 though December 23.

"Today marks a pivotal step toward expanding and sustaining the state’s medical program and creation of an economically viable and equitable adult-use cannabis industry in New York," said Barry Carmody, a spokesperson for the New York Medical Cannabis Industry Association (NYMCIA).

Not everybody was as happy with the decision as NYMCIA. "Today’s Cannabis Control Board meeting opened the door for big cannabis to come in and compete with New York-based businesses," the Cannabis Association of New York (CANY), which represents small and state-based businesses, said in a statement.

Philadelphia City Council Overrides Mayor's Veto of Bill to Block Medical Marijuana Dispensaries from Transforming into Adult-Use Retail Outlets. Adult-use marijuana is not yet legal in Pennsylvania, but the city council passed a bill to block existing medical marijuana dispensaries from transforming themselves into adult-use retail outlets once that happens. Mayor Jim Kenney (D) then vetoed that bill, but now the city council has voted unanimously to overturned that veto.

The bill says that medical marijuana dispensaries "shall not include a person authorized to dispense marijuana for recreational or other nonmedical purposes."

Kenney's veto came because he believes the bill "creates unnecessary complexity" by setting special rules that only apply to a small section of the city (where dispensaries are) and because it was premature given that marijuana is not yet legal in the Keystone State. "Furthermore, the mayor wants to avoid creating barriers to local businesses who want to expand their current portfolios in the event that the laws change," said Sarah Peterson, a spokesperson for the administration.

But in overriding the mayor's veto, the council adhered to a tradition of voting in support of members of districts on matters of land use and streets in their district.

International

Australian Federal Opposition Seeks to Overturn Drug Decriminalization Law in Australia Capital Territory. New laws in the Australia Capital Territory (Canberra) that decriminalize the possession of personal use amounts of drugs go into effect next month, but some federal politicians want none of it and are now trying to overturn it.

Shadow Attorney-General Michaelia Cash of the national Liberal Party has filed a bill to do that—a private senator's bill called the Australian Capital Territory Dangerous Drugs Bill 2023 – which will be debated next month.

Likewise, federal opposition leader Peter Dutton declared himself dumbfounded by decriminalization. "I am totally shocked and dismayed at what the ACT government is doing," he said. "As a former police officer, I know that our hard-working law enforcement agencies work tirelessly to keep drugs off the streets and to keep our community safe, yet here we see this crazy government legislation that gives a green light to drug use and drug importation to Canberra.  The ACT government is rolling out the red carpet for drug use and more crime. It is effectively welcoming more ice, heroin, cocaine, MDMA and speed on our streets."

Canberra politicians, however, remain unbowed.

In a statement, ACT Labor senator and former chief minister Katy Gallagher said the laws were a "matter for the ACT Assembly".

"The ACT Assembly is a mature parliament, democratically elected by ACT voters," said ACT Labor senator and former chief minister Katy Gallagher. "I have spent my career in public life supporting the rights of Canberrans to determine the laws, policies and programs under which they are governed, and I will continue to do so despite the attempts by the federal opposition to try to undermine them."

Canberra Liberals leader Elizabeth Lee is also standing up for her constituency. "The Canberra Liberals will always stand up for territory rights and I am very concerned about any step to diminish that," she said. I do not agree with this action taken by the federal Coalition to seek to overturn legislation that was passed by the ACT Assembly."

 

She said while she disagreed with decriminalization, it was up to local voters—not national politicians—to make the decision by replacing the current government.

Latin American Countries Call for Drug War "Rethink," GOP Reps Tell DEA Not to Reschedule Pot, More... (9/12/23)

A California bill allowing pot shops to sell food and drink goes to the governor, a new report from Harm Reduction International tracks US and EU aid that goes to support the drug war, and more.

Colombian President Gustavo Petro continues to press for a new drugs approach. (Creative Commons)

Marijuana Policy

Fourteen GOP Lawmakers Tell DEA to Ignore HHS Recommendation, Keep Marijuana Schedule I. A dirty dozen plus two Republican House and Senate members have sent a letter to DEA Administrator Anne Milgram calling on her to reject a recommendation from the Department of Health and Human Services to down-schedule the drug. Instead, the conservative lawmakers wrote, marijuana should remain on Schedule I of the Controlled Substances Act.

The lead authors on the letter were Sen. James Lankford (R-OK) and Rep. Pete Sessions (R-TX). They were joined by Sens. Michael Rounds (R-SD), James Risch (R-ID), Marsha Blackburn (R-TN), Mike Crapo (R-ID), Ted Budd (R-NC), Markwayne Mullin (R-OK) and Tom Cotton (R-AR), as well as Reps. Chuck Edwards (R-NC), Robert Aderholt (R-AL), Hal Rogers (R-KY), Buddy Carter (R-GA) and Andy Biggs (R-AZ).

Any decision to reschedule marijuana "should be based on proven facts and science—not popular opinion, changes in state laws, or the preferred policy of an administration," they wrote, ignoring HHS's science-based review that led to the call for down-scheduling.

"It is irresponsible for HHS to recommend that marijuana be removed from Schedule I. It would also be irresponsible for DEA to act on this recommendation," the letter concludes. "Our country relies on DEA to enforce our nation’s drug laws. We ask you to uphold your mission by rejecting any effort to remove marijuana from Schedule I."

California Marijuana Café Bill Heads to Governor's Desk. After a final concurrence vote in the Assembly to approve amendments made in the Senate, the legislature on Tuesday approved Assembly Bill 374, which would allow marijuana retailers to offer food and drinks in they get local approval. It now heads to the desk of Gov. Gavin Newsom (D).

The bill would let local governments authorize the preparation and sell of non-marijuana food and drinks. Sale of alcohol would continue to be prohibited, as would the smoking of tobacco.

The bill would also authorize "live musical or other performances on the premises of a retailer or microbusiness licensed under this division in the area where the consumption of cannabis is allowed, and the sale of tickets for those performances."

International

Led By Colombia and Mexica, 19 Latin American and Caribbean Nations Call for Rethink of War on Drugs. After meeting at the Latin American and Caribbean Conference on Drugs over the weekend, 19 Latin American and Caribbean nations have signed onto a joint statement calling for a rethinking of the war on drugs and instead focusing on "life, peace and development" within the region.

Under the current prohibitionist approach to drug policy, "the expected results have not been obtained when combating the world drug problem, leaving in many cases the underlying problems to be solved and exploiting and exacerbating vulnerabilities of our territories and societies."

The governments of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Uruguay and Venezuela all signed on.

Colombia and Mexico "are the biggest victims of this policy," said Colombian President Gustavo Petro, who likened the drug war to "genocide."

"What I propose is to have a different and unified voice that defends our society, our future and our history and stops repeating a failed discourse," Petro said. He argued that it was wrong to look at drug control "as a military problem and not as a health problem in society."

Supply-side solutions have been counterproductive, he argued. "Every dollar that is dedicated to cutting the supply makes the price grow," he said. "If the price increases, drug traffickers have more money to buy rifles, to buy armored vehicles, to buy missiles, to buy politicians, to buy senators, to buy generals, to buy judges, to buy presidents."

"The fundamental thing to face the scourge of drug addiction and violence is to address the causes, with a new criterion, not to think only of coercive measures," López Obrador, the Mexican president, said at the conference. "We have to put first the criterion that peace is the result of justice. We have to fight first against poverty, against inequality."

America and European Union Have Spent a Billion Dollars in Past Decade to Fight Drug War, Fueling Human Rights Abuses, New Report Finds. Between 2012 and 2021, the US and the European Union spent nearly a billion dollars of their budgets on programs supporting drug control policies, fueling human rights abuses as they did so, according to a new report from Harm Reduction International.

EU funding has been used to support surveillance capabilities in Colombia, Mozambique and the Dominican Republic, and undercover policing in Peru, while American funding has been used by the DEA train police and special units in Vietnam and Honduras, which have been accused of arbitrary arrests and killings.

"When you think about development, you don’t really think about it being used for those kinds of activities – you think of poverty reduction, working towards development goals on health or education," said Catherine Cook, sustainable financing lead at HRI, which monitors the impact of drug policies. "This money is actually being used to support punitive measures – so policing, prisons, essentially funding the ‘war on drugs’, even though we know the ‘war on drugs’ and punitive policies have repeatedly failed."

San Francisco Drug Crackdown Generating Arrests, Belize Coca Plantation Found, More... (9/1/23)

The DA in Houston takes a step back from a softer touch on drug charges, Colombia sets goals for voluntary coca crop substitution, and more. 

The Tenderloin in San Francisco. The city is three months into a crackdown on drug use and sales there. (SFPD)
Drug Policy

Harris County, Texas, Reverses Policy on Low Level Drug Charges. Citing an "increasing public safety threat due to fentanyl," Harris County (Houston) District Attorney Kim Ogg has announced that she is reversing an April policy change that required police to have drugs tested before charges could be filed if the amount of drugs in question was less than four grams. That effectively meant that many miniscule drug possession cases were never charged.

Under the new policy, which went into effect this week, the DA's Office will again evaluate every drug possession case regardless of the amount of drug seized as long as probable cause is established "through the expert testimony of two officers with drug enforcement experience."

But the cops will still be responsible for submitting "seized substances to the appropriate lab and to request testing and analysis, for presentation of the case to a grand jury," according to a memo setting out the changes. In the memo, DA Ogg acknowledged that the change could cause some delays in case filings and that district courts have "regularly" dismissed pending drug cases that did not move because of slow evidence processing.

"We need labs that work," Ogg said. "The courts are ready. The State of Texas, my office representing the people, are ready. The police are ready. And we need a crime lab that gives us evidence."

San Francisco Provides Update on Crackdown on Open Air Drug Markets. A crackdown on the drug trade and public drug use in the Tenderloin and SOMA (South of Market Street) neighborhoods of the city that began June 1 has resulted in "significant increase in drug seizures and arrests in the first three months of the City’s efforts to shut down open-air drug markets," the city said Friday.

During the last three months, both local and state law enforcement agencies combined have made hundreds of arrests under drug laws and for outstanding warrants, and seized 103 kilos of narcotic, including 56 kilos of fentanyl. These numbers don’t include additional federal efforts being conducted by the Drug Enforcement Agency. The SF District Attorney’s Office has seen a record number of felony narcotics cases.    

Some 300 of the arrests were for drug sales and another 123 were arrests of wanted fugitives. Another 450 arrests were made using public intoxication laws against public drug users. Additionally, playing a support role in the city, the California Highway Patrol and National Guard have made another hundred drug arrests.

As a result of this operation the District Attorney’s Office has seen a record number of felony narcotics cases presented and filed year to date since 2018. Through August 23, of this year 656 felony narcotics cases were presented of which 566 were filed (86% filing rate) compared to the previous record of 574 cases presented in 2018 and 476 cases filed.   

"Shutting down open air drug markets is critical to the safety of our neighborhoods and the overall health of our City," said Mayor London Breed. "The work that our city agencies and state and federal partners are doing to confront this crisis has to be sustained and expanded and we can’t continue to accept the existence of these drug markets on our streets. I want to thank Governor Newsom for his support in delivering resources, as well as our federal leaders, including Speaker Emerita Nancy Pelosi. We will continue to offer help to people in crisis, but we must hold people accountable who are hurting our communities."    

While it is clear that more people are being funneled into the criminal justice system, whether more arrests and prosecutions will result in fewer overdoses and better quality of life remains to be seen.

International

Belize Police Discover Coca Plantation with Half Million Plants. Police on Tuesday announced that they had discovered a coca plantation in the Toledo region that held an estimated 500,000 coca plants. The raid comes weeks after police destroyed a cocaine manufacturing lab in the south of the country.

Cocaine has traditionally been grown in three Andean nations—Bolivia, Colombia, and Peru—but in recent years plantings have been discovered in Belize, Guatemala, and southern Mexico. A small number of labs have also been uncovered.

The plantings and labs are believed to be the work of Mexican drug trafficking organizations, which largely control the flow of cocaine to the north.

Colombia Sets Coca Crop Substitution Goal of a Thousand Square Kilometers Over Next Four Years. Government officials said Thursday that the country is aiming for the voluntary substitution—not forced eradication—of a thousand square miles of coca crops over the next four years. The announcement marks a policy shift that emphasizes seizing cocaine over destroying coca plants.

According to the UN Office on Drugs and Crime (UNODC), coca cultivation in 2021 (the last year for which data is available) covered some 787 square miles, so if the government removes 250 square miles per year from the crop, it should reduce the crop each year by about one-third.

Felipe Tascon, the director of the government's illicit crops substitution program, said Colombia and the U.S. had committed to replacing 50% of 2021 crop levels. "Everyone says this goal is crazy," Tascon said. "If you look at it as a policing issue, coercing people, it's impossible. If you look at it as an economic issue, about giving economic opportunities to those families to produce something else, it's achievable."

The new crop substitution goals come amid a crash in coca prices in the country caused by oversupply and contested drug trafficking routes, providing farmers with an economic incentive to try something new. 

Reform Groups Respond to HHS Marijuana Rescheduling Call, TX Activists Rally at Governor's Mansion, More (8/31/23)

A British parliamentary committee is calling on the government to reinstate festival drug checking, Texas harm reduction activists protest Gov. Greg Abbott's regressive drug policies, and more.

More than a thousand Mexican soldiers are being deployed to the cartel-ridden state of Michoacan. (Creative Commons)
Marijuana Policy

Reform Groups Respond to HHS Recommendation to Reschedule Marijuana. The Department of Health and Human Services' (HHS) announcement that it was formally recommending moving marijuana from Schedule I to Schedule III of the Controlled Substances Act has excited considerable commentary and varied reactions from the reform community. Here, thanks to Marijuana Moment, are the reactions from several groups. For more, as well as reaction from political figures, click on the link above:

NORML Deputy Director Paul Armentano

"The goal of federal cannabis policy reform ought to be to address the existing, untenable chasm between federal marijuana policy and the cannabis laws of the majority of U.S. states," Armentano told Marijuana Moment on Wednesday.

"Rescheduling the cannabis plant to Schedule III of the US Controlled Substances Act fails to adequately address this conflict, as existing state legalization laws—both adult use and medical—will continue to be in conflict with federal regulations, thereby perpetuating the existing divide between state and federal marijuana policies," he said.

US Cannabis Council (USCC) Executive Director Edward Conklin

"The US Cannabis Council enthusiastically welcomes today’s news. President Biden and his Administration recognized that cannabis was wrongly classified as a Schedule I controlled substance, and they are delivering on their promise to change it," Conklin said. "We believe that rescheduling to Schedule III will mark the most significant federal cannabis reform in modern history. President Biden is effectively declaring an end to Nixon’s failed war on cannabis and placing the nation on a trajectory to end prohibition.

"Rescheduling will have a broad range of benefits, including signaling to the criminal justice system that cannabis is a lower priority and providing a crucial economic lifeline to the cannabis industry by lifting the 280E tax burden. State licensed cannabis businesses of all shapes and sizes will benefit from this historic reform," he said. "We urge the DEA to proceed with rescheduling cannabis with all reasonable speed."

Marijuana Policy Project (MPP) Director of State Policies Karen O’Keefe

"We are encouraged by the recommendation made by the Dept. of Health and Human Services for a more sensible and realistic scheduling for cannabis," O’Keefe said. "Given that over half the US population lives in medical cannabis states and millions of Americans are finding relief with cannabis products, it is long past due for the federal government to acknowledge cannabis’ medical value."

"Unfortunately, moving cannabis to Schedule III will still leave many of the harms of federal prohibition in place," she said. "However, today’s news is a step in the right direction and will deliver real benefits, including facilitating increased research and reducing burdens on medical cannabis patients and the businesses that serve them."

Drug Policy Alliance (DPA) and Parabola Center’s Cat Packer

we recognize that a shift to schedule III would be significant in a number of ways," Packer told Marijuana Moment, noting how the reform would remove research barriers and allow marijuana businesses to "make normal business deductions."

However, she said that the rescheduling action "would fall woefully short of the promises made by President Biden during his 2020 presidential election campaign, especially promises made to Black and Brown communities."

"It does not address the underlying criminalization of marijuana, even just for personal use and possession—which President Biden has already acknowledged as a failure that disproportionately impacts Black and Latino communities," Packer said. "If the Biden Administration is seriously committed to ending the Country’s failed approach on marijuana and righting the wrongs of marijuana criminalization including addressing the disproportionate impacts of criminalization on Black and Latino communities, Biden should support decriminalization and a new approach to federal cannabis policy that actually promotes fairness and justice."

National Cannabis Industry Association (NCIA) CEO Aaron Smith

"Moving cannabis to schedule III could have some limited benefit but does nothing to align federal law with the 38 U.S. states which have already effectively regulated cannabis for medical or adult use," Smith said. "The only way to fully resolve the myriad of issues stemming from the federal conflict with state law is to remove cannabis from the Controlled Substances Act and regulate the product in a manner similar to alcohol.""The vast majority of Americans live in states with laws that depart from federal law on this issue and where thousands of regulated Main Street businesses are serving the legal cannabis market safely and responsibly," he said. "It’s long past time for Congress to truly harmonize federal policy with those states."

Harm Reduction

Texas Activists Rally Outside Governor's Mansion to Protest Abbott's Harm Reduction and Overdose Policies. Texas activists marked International Overdose Awareness Day Wednesday by rallying in front of the governor's mansion in downtown Austin to call out Gov. Greg Abbott (R) for his regressive policies around harm reduction and overdose prevention.

The state has seen a 30 percent increase in fentanyl-related overdose deaths from 2021 to 2022, but Abbott has failed to push for measures that could alleviate the crisis, such as House Bill 362, which would have legalized fentanyl test strips. While that bill passed the House, it failed to advance out of the Senate.

Instead of taking up harm reduction and overdose prevention measures, Abbott has urged the legislature to crack down on trafficking, including a February move declaring fentanyl an emergency. He also directed lawmakers to label fentanyl overdoses "poisonings" and prosecute them as murder.

The protest was organized by VOCAL-TX, an activist and harm reduction organization.

International

UK Home Office Urged to Reinstate Festival Drug Checking. The House of Commons Home Affairs Committee issued a report Thursday urging the Home Office to reinstate music festival drug checking, which had been a regular part of the festival scene in recent years until the Tory government suddenly demanded drug checkers be licensed earlier this summer. The Home Affairs Committee report also urged members of Parliament to grant necessary licenses to local authorities to allow drug checking to go forward in a bid to reduce overdoses.

A licensing plan should be in effect by next summer, the report urged. This summer, festival organizers were hit with last-minute notices that they needed licenses only hours before festivals began. Those licenses came with a $3,500 fee and could take months to process.

"Back of house testing has been operating at festivals for a number of years through memorandums of understanding between local stakeholders, including the police and local authorities," the report said. "The primary aim of drug checking is to reduce drug-related harms. This is done through the provision of healthcare advice from medical professionals to the individuals who have submitted samples and/or via the dissemination of health warnings to the wider public— for example, to festival-goers. Countries, such as, the United States, Switzerland, Spain, Portugal, New Zealand, the Netherlands, Italy, Germany, Canada, Austria and Australia have established drug checking services."

But the Tory Home Office is having none of it: "There is no safe way to take illegal drugs, which devastate lives, ruin families and damage communities, and we have no plans to consider this," it said in response to the report. "Our 10-year drugs strategy set out ambitious plans, backed with a record £3 billion funding over three years to tackle the supply of illicit drugs through relentless policing action and building a world-class system of treatment and recovery to turn people’s lives around and prevent crime."

Mexico Deploys 1,200 More Troops to Conflict-Ridden Michoacan. The Mexican government said Monday it sent 1,200 more troops to the cartel-dominated western state of Michoacan after a weekend of violence. State prosecutors said three convenience stores and five trucks and cars had been set afire, a tactic often used by drug cartels in the state to block roads and enforce extortion demands. Prosecutors said three men and three youths aged 16 and 17 were arrested in the attacks.

The soldiers are being deployed to the cities of Apatzingan, Buenavista, and Uruapan. In Buenavista, lime growers and farmers are complaining of extortion by the cartels, and in Apatzingan, cartel extortion has nearly doubled the price of basic goods. Similar conditions a decade ago sparked the rise of civilian vigilante groups, but those have since faded away or been infiltrated by the cartels themselves. 

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