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Biden Administration Rolls Out Plan to Confront Xylazine-Fentanyl Phenomenon [FEATURE]

In its latest move to confront the rapidly rising incidence of overdose deaths and other deleterious consequences of the combination use of the veterinary tranquilizer xylazine ("tranq") and fentanyl, the Biden administration on Tuesday released a National Response Plan to coordinate a whole-of-government approach to the threat.

The veterinary tranquilizer and pain reliever xylazine is bad news in combo with fentanyl. (NY OASAS)
The plan calls for a public health campaign of increased testing and treatment and more data collection to see how the drug combo spreads and contributes to overdose numbers. But it also calls for looking into whether to schedule xylazine and includes the reflex resort to law enforcement to try to suppress supply.

This is just the latest in a series of steps the administration has taken since late last year to address the emerging phenomenon. Last December, Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Dr. Rahul Gupta hosted a listening session with public health and public safety leaders and subject matter experts from several states and territories about trends they are seeing related to xylazine and efforts to address these trends. In January, Dr. Gupta convened the Evolving and Emerging Threats Committee to discuss the emergence of fentanyl adulterated with xylazine in the illicit drug supply.

In February, the Food and Drug Administration took action to restrict the unlawful entry of xylazine active pharmaceutical ingredients and finished dosage form drug products into the country and in March, the Drug Enforcement Administration issued a public safety alert to warn the American public of a sharp increase in the trafficking of fentanyl mixed with xylazine. In April, Dr. Gupta named the xylazine-fentanyl combination an emerging public health threat, the first time such a designation has been used since Congress authorized it in 2018.

"Since we announced the emerging drug threat earlier this year, we've been working tirelessly to create the best plan of attack to address this dangerous and deadly substance head-on," said Dr. Gupta in a statement. "Now, with this National Response Plan, we are launching coordinated efforts across all of government to ensure we are using every lever we have to protect public health and public safety, and save lives. As a doctor, I have seen the devastating consequences of xylazine combined with fentanyl firsthand. And as President Biden's drug policy advisor, I am laser-focused on finding every tool we have and following the best evidence-based practices to take on this new challenge. This will be an all-hands-on-deck effort -- but I am confident we can take action together and eradicate this emerging threat."

Fentanyl first emerged as a significant actor in the illicit drug market in the early to mid-2010s, while xylazine entered the scene in the late 2010s. Now, xylazine has been detected in nearly every state in the country, and xylazine-involved overdose deaths are skyrocketing, albeit from very low initial levels. The Centers for Disease Control and Prevention (CDC) reported last month that the monthly percentage of fentanyl deaths with xylazine detected jumped from 2.9 percent in January 2019 to 10.9 percent in June 2022. CDC also found that the death rate from xylazine overdoses jumped 35-fold from 2018 to 2021.

Xylazine is a tranquilizer, not an opioid, and thus does not respond to opioid overdose reversal drugs such as naloxone. It also has other serious potential health effects, including wounds that may eventually require amputations, as well as breathing difficulties.

"If we thought fentanyl was dangerous, fentanyl combined with xylazine is even deadlier," Dr. Gupta said in a press call previewing the plan Monday.

But he warned that the plan will need Congress to step up with funding if it is to be be fully implemented. He noted that the Biden administration Fiscal Year 2024 budget request includes funding for emerging threats.

"We will do what we can with what we have until we get the resources from Congress," Dr. Gupta said. "It's a matter of utilizing what we have right now in order to save lives while we're encouraging Congress to pass the president's budget and provide those resources as quickly as possible. We're going to move ahead as quickly as possible because the fact is that lives are on the line."

Taliban Opium Ban is Working, New Coalition Pushes for Weed Rescheduling, More... (6/6/23)

White House holds summit on reducing overdose toll, Nevada psychedelic study bill goes to governor, and more.

Opium poppies are becoming a rare sight in Afghanistan after the Taliban ban. (UNODC)
Marijuana Policy

New Coalition of Major Marijuana Groups Launches Push for Scheduling Reform. A new coalition of marijuana companies and advocacy groups calling itself the Coalition for Cannabis Scheduling Reform announced Tuesday that it is launching a campaign to reschedule marijuana even as it pushes for full-on legalization. The group will work with advocates, stakeholders, lawmakers and administration officials to promote education about the need to remove marijuana from Schedule I of the Controlled Substances Act (CSA).

That is a less bold position than that held by advocacy groups calling for outright legalization, but the coalition says that moving marijuana to Schedules III, IV or V of the CSA would still represent "historic progress." that shouldn’t be discounted.

The coalition includes Acreage Holdings, American Trade Association for Cannabis & Hemp (ATACH), Columbia Care, Cresco Labs, Curaleaf, Dutchie, Green Thumb Industries, Marijuana Policy Project, National Cannabis Roundtable, Scotts Miracle-Gro, US Cannabis Council, Weldon Project, and Vicente LLP.

Advocates of full-on legalization warn that placing marijuana in another, less restrictive schedule (as opposed to completely descheduling it) could wreak havoc in existing legal marijuana markets and lead the way to further big business consolidation within the industry.

Psychedelics

Nevada Assembly Approves Psychedelic Task Force Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed  the Assembly on Sunday. When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness." The bill now goes to the desk of Gov. Joe Lombardo (R).

Drug Policy

At White House Summit, Biden Administration Vows Renewed Effort to Fight Drug Overdoses. At a White House summit held jointly with public health officials from Canada and Mexico, the Biden administration vowed to improve its fight to combat drug overdoses, which took 109,000 lives last year. Administration officials pledged a multifaceted approach to tackling illicit drugs, especially fentanyl.

"Today's summit is needed because the global and regional drug environment has changed dramatically from just even a few years ago," Rahul Gupta, director of the White House Office of National Drug Control Policy (ONDCP, the drug czar's office), told the summit. "Synthetic drugs have truly become a global threat," he added. "Today, we're here to ... look at how our collective response can be improved, and the role data collection has on saving lives," Gupta said.

International

Taliban Opium Ban Is Taking Hold. An April 2022 prohibition on opium-growing from Taliban leader Hibatullah Akhundzada did not result in significant reductions in cultivation last year, but this year is different. The BBC traveled the country, consulted with farmers, government ministers, and experts, and used satellite analysis to report the following:

"The Taliban leaders appear to have been more successful cracking down on cultivation than anyone ever has. We found a huge fall in poppy growth in major opium-growing provinces, with one expert saying annual cultivation could be 80% down on last year. Less-profitable wheat crops have supplanted poppies in fields - and many farmers saying they are suffering financially."

"It is likely that cultivation will be less than 20% of what it was in 2022," said Afghanistan drug trade expert David Mansfield. "The scale of the reduction will be unprecedented. The high resolution imagery of Helmand province shows that poppy cultivation is down to less than 1,000 hectares when it was 129,000 hectares the previous year," said Mansfield, noting that would be a 99 percent reduction in the crop in that formerly key opium-producing province.

Farmers aren't happy, though: "You're destroying my field, God destroy your home," one woman shouted angrily at a Taliban eradication unit as they razed her poppy field.

Fatal Drug Overdoses Rose Only Slightly Last Year, White House Prods Naloxone Makers, More... (5/17/23)

Pot isn't the only thing you can buy in some Los Angeles-area pot shops, overdose deaths appear to have plateaued last year, and more.

Magic mushrooms are being sold openly in some Los Angeles-area pot shops even though they're still illegal. (Creative Commons)
Psychedelics

Los Angeles Pot Shops Are Openly Selling Magic Mushrooms. Some Los Angeles-area marijuana retailers are openly selling psilocybin mushrooms even though they remain prohibited under state and federal law. (A measure that would decriminalize them, Senate Bill 58, is currently before the legislature.) The sellers are responding to high demand for the popular psychedelics.

In one Los Angeles County shop visited by the Los Angeles Times, customers must hand over their drivers' licenses to a receptionist and put away their cell phones before being buzzed into a secured room to check out the psychoactive wares. A large glass jar is "filled to the brim with stubby mushrooms, which have brown caps and psilocybin's characteristic bluish tint," while other jars filled with "mushroom-infused" liquids are also on offer. As are chocolate bars with magic mushrooms and magic mushroom gummies.

The flouting of the drug laws is not without risk. The LA County Sheriff's Department says it has served search warrants at about 50 pot shops selling magic mushrooms in the last six months alone In April 2022, the department reported making 227 arrests at "illegal marijuana dispensaries" and seizing thousands of pounds of marijuana, as well as "29 pounds of mushrooms."

"They won't typically openly sell them," said Lt. Jay Moss of the Sheriff's Department's narcotics bureau. "They'll usually have a small amount -- two to 10 pounds, I'd say -- of mushrooms, and you have to ask for it because they don't have it on display. They might be somewhere out of view, like in the back. We investigate and serve search warrants at these illegal dispensaries in attempts to shut them down," he said. "The analogy is kind of like whack-a-mole: you shut them down and they reopen in another location."

Harm Reduction

White House Seeks to Prod Naloxone Makers. The Biden administration is seeking to prod manufacturers of the opioid overdose reversal drug naloxone to increase access to the drug and lower its cost. Dr. Rahul Gupta, head of the Office of National Drug Control Policy (ONDCP -- the drug czar's office) "plans to have conversations with manufacturers to share his key principle moving forward: the easier it is for people to access naloxone, the more lives we can save," an ONDCP spokesperson said. The planned meeting is part of Biden administration efforts "to ensure naloxone is both accessible and affordable to everyone who may need it," the spokesperson added.

American health regulators approved an over-the-counter version of Narcan earlier this year. The Food and Drug Administration approved the first generic version of the drug in 2021.

Public Health

Fatal Drug Overdoses Hit Record High Last Year but Appear to Be Plateauing. Drug overdose deaths increased slightly last year after jumping mightily during the coronavirus pandemic, according to new data from the Centers for Disease Control and Prevention (CDC) suggesting that the increase in overdoses is leveling off. The CDC estimates the overdose death toll last year at 109,680, up two percent over the 107,622 deaths in 2021. But the increase is far lower than the 30 percent increase in 2020 and the 15 percent increase in 2021.

"The fact that it does seem to be flattening out, at least at a national level, is encouraging," said Katherine Keyes, a Columbia University epidemiology professor whose research focuses on drug use. "But these numbers are still extraordinarily high. We shouldn't suggest the crisis is in any way over."

Fentanyl-Xylazine Mix Declared "Emerging Theat," AZ Governor Vetoes Fentanyl Mandatory Minimums, More... (4/12/23)

A Maryland bill blocking police searches based on the odor of marijuana is on the governor's desk, a Delaware bill to end civil asset forfeiture reform is filed, and more.

Xylazine is used to accentuate the fentanyl high, but has serious side effects. (Creative Commons)
Marijuana Policy

Maryland Legislature Approves Bill Blocking Police Searches Based on Marijuana Odor. With a final House concurrence vote just minutes before the legislative session ended money, lawmakers approved House Bill 1071 that bars police from using the smell or possession of marijuana alone as the basis of a search. The bill had passed the House last month, but was revised in the Senate Monday, necessitating the final House vote. Police "may not initiate a stop or a search of a person, a motor vehicle, or a vessel" based only on the smell of burnt or unburnt marijuana, the possession of a personal use amount of marijuana or the presence of money near marijuana without additional evidence of intent to distribute. The bill also lowers the fine for public pot smoking from $250 to $50. The bill now joins the broader marijuana commerce bill awaiting the signature of Gov. Wes Moore (D).

Asset Forfeiture

Delaware Civil Asset Forfeiture Reform Bill Filed. House Democrats last week filed a bill aimed at reining in asset forfeiture in the state, House Bill 115. The bill from Rep. Kim Williams (D) would require that property owners be convicted of a crime before seizure could occur. The bill would also create stricter guidelines for civil asset forfeiture and tighter legislature oversight over civil asset forfeiture revenues. In the three-year period between 2018 and 2021, the state saw more than 2,500 cases of civil asset forfeiture, including 170 where property owners were not even arrested, let alone convicted of a crime.

Drug Policy

Biden Administration Designates Fentanyl Combined with Xylazine as an Emerging Threat to US. On Wednesday, Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), has officially designated fentanyl adulterated or associated with xylazine as an emerging threat to the United States. Xylazine is a non-opioid tranquilizer approved by the Food and Drug Administration (FDA) for veterinary use but not human use. This designation comes after careful review of the impact of xylazine on the opioid crisis, including its growing role in overdose deaths in every region of the United States.

"As a physician, I am deeply troubled about the devastating impact of the fentanyl-xylazine combination, and as President Biden's drug policy advisor, I am immensely concerned about what this threat means for the Nation," said Dr. Gupta. "That's why the Biden-Harris Administration is using this designation authority for the first time since it passed Congress in 2018. By declaring xylazine combined with fentanyl as an emerging threat, we are being proactive in our approach to save lives and creating new tools for public health and public safety officials and communities across the Nation. To parents, loved ones, community leaders, and those affected by xylazine use: I want you to know that help is on the way."

But not a safe drug supply.

Arizona Governor Vetoes Fentanyl Mandatory Minimums Bill. Gov. Katie Hobbs (D) on Tuesday vetoed Senate Bill1027, which would have placed a mandatory minimum of 10 years in prison on the first offense, and 15 years on the second offense, for anyone convicted of possessing, distributing, transferring, selling, or manufacturing heroin, fentanyl, or fentanyl analogs. "Last week, I signed a bill continuing Arizona's Good Samaritan law," Hobbs wrote in her veto message. "I fear this bill, particularly Section 2, would undermine the purpose of that law. I encourage the legislature to send me a narrower bill that focuses on the manufacture of fentanyl."

Biden Lays Out Plan to Tackle Fentanyl, Myanmar Meth Production, More... (2/8/23)

That Minnesota marijuana legalization bill keeps advancing, another senator joins the call for the drug czar to be reinstated to a cabinet-level position, and more.

The president used his state of the union address to lay out a plan to fight fentanyl and opioid overdoses. (whitehouse.gov)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins Yet Another Committee Vote. The marijuana legalization bill continues to advance, with the House version, House File 100, winning its seventh committee vote Tuesday in a voice vote at the Workforce Development Finance and Policy Committee. Meanwhile, the Senate version of the bill won its fourth committee vote earlier in the week. But after all those committee votes, the bills are still only about halfway through the committee process. Still, Democratic lawmakers and Gov. Tim Walz (D) are confident the measure will become law before the summer is over.

Drug Policy

At State of the Union, Biden Lays Out Plan to Tackle Fentanyl and Opioid Overdose Epidemic. President Biden outlined his plan "to beat the opioid epidemic" by "disrupting the trafficking, distribution, and sale of fentanyl." That will include increased enforcement at points of entry, intercepting more packages of fentanyl coming through package delivery companies, working diplomatically to address the supply chain abroad, and increasing penalties for fentanyl suppliers. Biden also calling for "expanding access to evidence-based prevention, harm reduction, treatment, and recovery," by delivering more naloxone, ensuring there is more drug treatment in jails and prisons, and expanding access to medications for opioid use disorder.

Another Senator Joins Call for Drug Czar to Be Reinstated as Cabinet Officer. Sen Shelley Moore Capito (R-WV) has joined the list of senators and representatives calling on the Biden administration to restore the director of the Office of National Drug Control Policy (ONDCP—the drug czar's office) to a cabinet-level position. "Elevating the post would enable ONDCP to more effectively coordinate drug control efforts across federal agencies and enhance the Biden administration’s response the opioid epidemic, a public health crisis that killsmore than 100,000 Americans each year." She joins Sen. Ed Markey (D-MA), a member of the U.S. Commission on Combating Synthetic Opioid Trafficking, and Representatives David Trone (D-MD), Brian Fitzpatrick (R-PA), and Annie Kuster (D-NH), co-chairs of the Bipartisan Mental Health and Substance Use Disorder Task Force, who sent a letter to the White House last week urging the drug czar's reinstatement.

International

Myanmar Now a Leading Methamphetamine Producer. Long known for its opium production, Myanmar is now a leading global producer of methamphetamine, according to academic researchers, who cite massive meth seizures in the region (more than 170 tons) and point to armed groups who used to rely on opium revenues switching to meth production after government crackdowns on the poppy. The UN Office on Drugs and Crime puts the value of the regional meth trade at $61 billion a year, and the researchers say organized crime groups are trafficking Myanmar meth to "high value markets," such as Australia, Japan, and New Zealand. 

Hill Lawmakers Call on Biden to Restore Drug Czar to Cabinet Status, More... (2/2/23)

Virginia Republicans are in no hurry to get a legal marijuana market going, a Missouri bill would legalize psilocbying for therapeutic purposes, and more.

Colombia President Petro wants to go after cocaine, not small coca growers. (Pixabay)
Marijuana Policy

Virginia House Committee Kills Watered Down GOP Marijuana Sales Bill. Marijuana is legal in the state, but there is nowhere to buy it, which some lawmakers say presents public safety concerns. Those concerns, however, were not enough for a watered down bill to allow for sales, House Bill 1464, to get any traction. It was defeated in a 5-2 party-line vote in the House Committee on General Laws. While a similar marijuana sales bill is still alive in the Senate, the House defeat is a strong sign that this year's legislative session will be another year of deadlock on the issue.

Psychedelics

Missouri Bill Would Legalize Psilocybin for Therapeutic Purposes. For the second session in a row, Rep. Tony Lovasco (R) has filed a bill relating to "natural medicines," but after last year's bill, which would have legalized several natural psychedelics for therapeutic purposes, failed, this year he has sharpened his focus. House Bill 869, which was filed last month, calls for only for psilocybin to be legal and only for people with treatment-resistant depression or terminal illness, which would be administered by medical professionals. Even so, the bill does not appear to have much momentum. It has not been assigned to a committee, nor are any hearings scheduled.

Drug Policy

Group of Lawmakers Ask Biden to Return Drug Czar to Cabinet Position. A bipartisan group of lawmakers called Thursday for President Biden to return the director of the Office of National Drug Control Policy (ONDCP—the drug czar's office) to a Cabinet-level position. They cite rising overdose deaths and "constantly evolving" drug threats. The drug czar had been a Cabinet member from 1988, when the position was created, until 2009, when President Obama removed him. In their Thursday letter, the lawmakers noted that Biden was a leading proponent of the creation and expansion of the drug czar's office and that he had previously called for the drug czar to serve at the Cabinet level. The lawmakers, Sens. Ed Markey (D-MA), Maggie Hassan (D-NH), Shelley Moore Capito (R-WV), Sheldon Whitehouse (D-RI) and Elizabeth Warren (D-MA) and Reps. David Trone (D-MD) and Katie Porter (D-CA) called on Biden to restore the position and announce it during his State of the Union speech next week.

International

Colombia Ponders Legalizing "Mini-Crops" of Small Coca Farmers. The National Narcotics Council, which is charged with implementing and evaluating the National Drug Policy for the next decade, is considering a proposal to legalize small-scale coca farming. The move would be aimed at crops between six and 25 acres and seek to reduce the persecution of peasant producers for mixing illicit crops with their food crops. The government has already moved to reduce the forced eradication of coca crops from 125,000 acres to 45,000 acres. Police said they were unable to reach their 2022 goal because of blockades by grower communities that prevented the entry of eradicators. 

ND Legal Pot Initiative Qualifies for Ballot, Appalachian Senators Call for More Drug War, More... (8/16/22)

A South Dakota marijuana legalization initiative draws organized opposition, Mexico's week of cartel violence raises questions, and more.

North Dakota's Theodore Roosevelt National Park (Creative Commons)
Marijuana Policy

North Dakota Becomes Fifth State to Put a Marijuana Legalization Initiative on the Ballot This Year. The secretary of state's office announced Tuesday that a marijuana legalization initiative sponsored by New Approach North Dakota has qualified for the November ballot. Similar measures have already qualified for the ballot in Arkansas, Maryland, Missouri, and South Dakota, while an effort in Oklahoma awaits a final signature count. The initiative would legalize marijuana for people 21 and over. They would be able to purchase, possess, transport, and distribute up to an ounce and 500 milligrams of THC. There is also a home grow provision allowing for up to three plants. The initiative also envisions a commercial sector licensed by the Department of Health and Human Services.

South Dakota Marijuana Legalization Initiative Campaigns Sees Organized Opposition Emerge. Even as the sponsors of the IM 27 marijuana legalization initiative gear up to free the weed for the second time in two years (the 2020 victory was annulled by the state Supreme Court at the behest of GOP Gov. Kristi Noem), organized opposition is emerging. In late July, a group calling itself Protecting South Dakota's Kids filed paperwork with the state as a statewide ballot question committee. It is led by Jim Kinyon, with Fred Deutsch as treasurer. Deutsch is a Republic legislator who is fiercely anti-marijuana.

"Legal marijuana will destroy our communities," says the group's web site. "Protecting South Dakota Kids is a grassroots coalition made up of concerned citizens, healthcare professionals, pastors, educators, treatment providers, law enforcement, and other professionals." But IM 27 backers don't seem too concerned: "Quite a few politicians, including Governor Noem, have realized that disrespecting the will of the people is not a great political strategy," said campaign spokesman Matt Schweich. "We want to earn every vote we can and we want to exceed the 54% outcome in 2020."

Law Enforcement

Appalachian Senators Call for More Drug War. In a Tuesday letter to Dr.Rahul Gupta, Director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), a bipartisan group of senators from Appalachian states called for "additional assistance to combat drug-trafficking in the Appalachian region." The letter was signed by U.S. Sens. Mark R. Warner and Tim Kaine (both D-VA), Sens. Joe Manchin (D-WV) and Shelley Moore Capito (R-WV), and Sens. Marsha Blackburn and Bill Hagerty (both R-TN). They want more resources and more designations of High Intensity Drug Trafficking Areas (HIDTAs).

"These additional federal resources, allocated to areas deemed as critical drug trafficking regions, are essential in eliminating drug trafficking and its harmful consequences. ONDCP has the statutory authority to create new HIDTAs and add new counties to existing HIDTAs once it has received a formal petition from a coalition of law enforcement agencies," the senators said in a press release. "Despite the enormous need, historically the Appalachian HIDTA has only gained approval for approximately 30 percent of petitions submitted. In the most recent round of designations, no counties within the Appalachian HIDTA -- which encompasses Tennessee, Kentucky, West Virginia, and Southwest Virginia -- received the sought-after designation. This fact, juxtaposed with the region's manifest need, suggests strongly that the process of awarding needs to be revisited."

International

Mexico's Week of Cartel Violence Shakes Administration. Last week was a week of chaos as Mexican drug cartels ran amok in Tijuana and Ciudad Juarez as well as in the states of Coahuila, Guanajauto, and Jalisco, and that has left the government of President Andrés Manuel Lopez Obrador (AMLO) looking for answers. AMLO himself suggested the attacks were part of a political conspiracy: "I don't know if there was a connection, a hidden hand, if this had been set up," he said. "What I do know is that our opponents, the corrupt conservatives, help in the black propaganda."

Defense Secretary Luis Crescencio Sandoval claimed the cartels lashed out because they feel they have been weakened. That may be a more plausible explanation than AMLO's. While AMLO took office in 2018 pledging "hugs not bullets" for violent drug trafficking organizations, in the past year his strategy has shifted Last year, Mexican soldiers were criticized for simply sitting in their bases and watching as cartels battled each other, but this year has seen more attempt to capture major traffickers, including the capture of Rafael Caro Quintero, and more meth lab busts.

"There has been a change in the strategy in fighting drug cartels. Andrés Manuel has been very much criticized recently for his 'hugs, not bullets strategy," security analyst David Saucedo said. "I think that due to pressure from Joe Biden, he is changing that and agreeing to capture high-profile drug traffickers. The narco-terrorism of the Jalisco New Generation Cartel is a reaction to the president's change in strategy," Saucedo said. "If the Mexican president continues with this strategy of capturing high-ranking members of the Jalisco cartel, the Jalisco cartel is going to respond with acts of narcoterrorism in the states it controls as part of its vast empire."

House Approves SAFE Banking Again, Colombia Cocaine Production Down Slightly, More... (7/15/22)

The NYPD reverses course on testing cops for marijuana, Colorado's governor signs an executive order protecting marijuana-using workers from discrimination, and more.

Marijuana Policy

Coca and cocaine production remained relatively stable at high levels last year. (Pixabay)
House Approves More Marijuana Amendments as Part of Defense Spending Bill. The House on Thursday approved a half dozen marijuana amendments to the National Defense Authorization Act, including amendments to protect banks that work with state-legal marijuana businesses and allow Department of Veterans Affairs doctors to recommend medical marijuana to patients. The banking amendment came from Rep. Ed Perlmutter (D-CO) and contains the language of the Secure and Fair Enforcement (SAFE) Banking Act, which has been included in other omnibus spending bills only to be stripped out in conference committee by Senate leadership, which is still holding out for a full-fledged marijuana legalization bill.

Colorado Governor Issues Executive Order to Protect Marijuana Users from Workplace Discrimination. Gov. Jared Polis (D) has issued an executive order designed to protect workers from being punished or denied a professional license for using, possessing, or growing marijuana. The order includes people from other states. "The exclusion of people from the workforce because of marijuana-related activities that are lawful in Colorado, but still criminally penalized in other states, hinders our residents, economy and our State," said Polis. The order also directs the state Department of Regulatory Agencies to not provide information to aid in professional investigations related to legal marijuana-related activities in the state.

NYPD Says It Will Stop Testing Cops for Weed, Then Reverses Course. The NYPD on Wednesday announced it would quit drug testing officers for marijuana, only to reverse course within a matter of hours. "The New York City Law Department has directed the NYPD to cease all random, scheduled and pre-employment testing for marijuana," an NYPD spokeswoman said early Wednesday. "The Department will continue to administer marijuana screenings to personnel when there are indications of impairment and is reviewing its current policies in light of this directive." But later in the day, an NYPD spokesman said that the department was in discussions with the Law Department about possible conflicts with federal law and that in the meantime, it was back to the old policy. "While these discussions continue, there is no change in NYPD policies, procedures, or testing protocols regarding the use of Marijuana by uniformed members of the service," the spokesperson announced.

International

Colombian Coca, Cocaine Production Fell Slightly Last Year, Drug Czar's Office Says. The Office of National Drug Control Policy (ONDCP -- the drug czar's office) reported Thursday that Colombia had seen slight reductions in coca cultivation and cocaine production in 2021. Estimated coca cultivation dropped from 600,000 acres to 578,000, while estimated cocaine production dropped from 994 tons in 2020 to 972 tons last year. Despite billions of dollars in US anti-drug and counter-insurgency funding over the past several decades, Colombia remains one of the world's top cocaine producer, with leftist rebel factions, former rightist paramilitaries, and criminal gangs competing earn black market profits from the trade. ONDCP also reported that Peruvian cocaine production and coca cultivation dropped slightly as well last year, but production was up slightly in Bolivia, leaving global cocaine production at near record levels.

Supreme Court Rules for Crack Prisoners, CO Psychedelic Initiative Campaign Hands in Signatures, More... (6/28/22)

A major Swiss bank gets convicted of cocaine money laundering, a House committee wants a GAO report on federal psilocybin policy, and more.

Something good came out of the US Supreme Court on Monday. (Pixabay)
Psychedelics

House Appropriations Committee Calls for Review of Federal Psilocybin Policy. In reports accompanying new spending bills, the leaders of the House Appropriations Committee are calling for a federal review of psilocybin policy, as well as letting researchers study marijuana from dispensaries and using hemp as an alternative to Chinese plastics. The report for the spending bill for Commerce, Justice, Science and Related Agencies calls for the Government Accountability Office (GAO) to analyze barriers to state, local, and tribal programs using psilocybin. The committee said the GAO should study the impact of federal drug prohibition in jurisdictions that allow psilocybin. The call comes as a psilocybin reform movement is gaining momentum across the country.

Colorado Activists Turn in Signatures for Psychedelic Initiative. The Natural Medicine Colorado campaign, the group behind an initiative to legalize psychedelics and create licensed psilocybin "healing centers," announced Monday that it had turned in 222,648 raw signatures. The campaign only needs 124,632 valid voter signatures, and this cushion of nearly 80,000 excess raw signatures suggests that the initiative will qualify for the November ballot. The measure would legalize the possession, use, cultivation, and sharing of psilocybin, ibogaine, mescaline (not derived from peyote), DMT, and psilocyn for people 21 and over. It does not set specific possession limits, nor does it envision recreational sales. The measure would also place responsibility for developing rules for a therapeutic psilocybin with the Department of Regulatory Agencies.

Drug Policy

At Oversight Hearing, Director of National Drug Control Policy Highlighted Biden-Harris Administration's Commitment to Tackling Overdose and Addiction Crisis. On Monday, Rep. Carolyn B. Maloney, Chairwoman of the Committee on Oversight and Reform, held a hearing with Dr. Rahul Gupta, Director of the Office of National Drug Control Policy (ONDCP -- the drug czar's office), to examine the federal government's response to the overdose and addiction crisis, including the Biden-Harris Administration's 2022 National Drug Control Strategy.

During the hearing, Director Gupta highlighted illicit drug seizures at the southern border and disruption of drug trafficking across the US; the need to expand treatment services; steps such as telehealth services to expand access to care for people in underserved communities; and overdose prevention efforts funded by the bipartisan Restoring Hope for Mental Health and Well-Being Act of 2022. Gupta and committee members also highlighted Chairwoman Maloney's Comprehensive Addiction Resources Emergency (CARE) Act.

Supreme Court Rules Judges Can Weigh New Factors in Crack Cocaine Cases. The Supreme Court ruled Monday that the First Step Act allows district court judges to consider post-sentencing changes in law or fact in deciding whether to re-sentence people convicted under the harsh crack cocaine laws of the past.

While the penalties are still harsh, they are not quite as much as they were prior to passage of the 2010 Fair Sentencing Act, which reduced the ratio of quantity triggers for the worst sentences for powder vs. crack cocaine from 100:1 to 18:1. The First Step Act made those sentencing changes retroactive, giving prisoners the chance to seek reduced sentences. The decision was 5-4, with conservative Justices Clarence Thomas and Neil Gorsuch joining the court's liberal minority in the opinion.

The case is Concepcion v. United States, in which Carlos Concepcion was sentenced to 19 years for a crack offense in 2009, a year before passage of the Fair Sentencing Act. He sought resentencing "as if" the Fair Sentencing Act provisions "were in effect at the time the covered offense was committed." That is proper, Justice Sonia Sotomayor wrote in the majority opinion: "It is only when Congress or the Constitution limits the scope of information that a district court may consider in deciding whether, and to what extent, to modify a sentence, that a district court's discretion to consider information is restrained. Nothing in the First Step Act contains such a limitation."

International

Swiss Court Convicts Credit Suisse of Cocaine Money-Laundering. The Swiss Federal Criminal Court has found the bank Credit Suisse guilty of failing to prevent money-laundering by a Bulgarian cocaine trafficking organization. One former bank employee was convicted of money-laundering in the case against the country's second-largest bank. The trial included testimony about murders and cash-filled suitcases. The court held that Credit Suisse demonstrated deficiencies in both the management of client relations with criminal groups and the implementation of money-laundering rules. "These deficiencies enabled the withdrawal of the criminal organization's assets, which was the basis for the conviction of the bank's former employee for qualified money laundering," the court said. Credit Suisse said it would appeal.

Peru Announces Plan to Buy Up Entire Illegal Coca Crop, NH Senate Kills Legal Pot Bills Again, More... (4/29/22)

The White House announces more money for drug law enforcement, GOP senators file a bill to reduce but not eliminate the crack-powder cocaine sentencing disparity, and more.

British Virgin Islands Premier Andrew Fahie -- busted on drug charges in Florida (bvi.gov.vg)
Marijuana Policy

New Hampshire Senate Again Rejects Marijuana Legalization Bills. The Senate on Thursday rejected two different marijuana legalization bills. House Bill 1598 would have created a state-run monopoly for retail marijuana sales, while House Bill 629 would have legalized personal possession and home cultivation of the plant. In recent years, the House has repeatedly passed marijuana legalization bills, only to see them die in the Senate. On reason is paternalistic politicians like Sen. Bob Guida (R-Warren), who said he was "proud" of defeating legalization. "It may be what people want, but it's not what we as a Senate should enable them to do because it will cause harm," he said.

Law Enforcement

White House Announces $275 Million for Law Enforcement in HIDTAs. The White House's Office of National Drug Control Policy (ONDCP -- the drug czar's office) announced Thursday that it has allocated $275 million for law enforcement in designate High Intensity Drug Trafficking Areas (HIDTAs) to tackle black market opioid trafficking. ONDCP said the funds would go to 33 regional HIDTAs to "reduce violence associated with drug trafficking, improve interdiction efforts through enhanced data sharing and targeting, and dismantle illicit finance operations." Some of the money will also support public health and safety partnerships, like the Overdose Response Strategy, which works with the Centers for Disease Control and Prevention (CDC) to reduce overdose. But the bulks of the money is going to prohibitionist law enforcement.

Sentencing

GOP Senators File Bill to Reduce but Not Eliminate Crack/Powder Cocaine Sentencing Disparity, Stiffen Some Penalties. US Sens. Chuck Grassley (R-IA), Mike Lee (R-UT), Lindsey Graham (R-SC), and Roger Wicker (R-MS) to introduce the SMART Cocaine Sentencing Act, which would reduce the sentencing disparity between crack and powder cocaine offenders tried in federal courts. The bill would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. It would reduce the volume required to trigger five-year mandatory minimum sentences for powder cocaine from 500 grams to 400 grams, and from 5 kilograms to 4 kilograms for 10-year mandatory minimum sentences. For crack cocaine, the volume triggering a five-year mandatory sentence would be increased from 28 grams to 160 grams; the volume for the 10-year mandatory sentence would be lifted from 280 grams to 1,600 grams.

International

British Virgin Islands Leader Busted in Florida Drug Sting Operation. The elected head of government of the British Virgin Island, Premier Andrew Fahie, was arrested in a drug sting operation in Florida Thursday. Fahie went down after an undercover informant posing as a member of the Sinaloa Cartel sought his help in moving cocaine through the territory and on to the United States and Fahie agreed to help in return for $500,000 paid up front and accepted $20,000 in cash as good faith money. The Caribbean island nation's port director and her son were also charged. Fahie and the other two all face charges of conspiracy to import at least five kilograms of a cocaine mixture and conspiracy to launder money.

Mexico Sends 200 More Soldiers to Tijuana to Fight Cartel Violence. Mexico has deployed an additional 200 National Guard troops to join the 3,500 already deployed in the border city of Tijuana, which has been ravaged by prohibition-related violence in recent weeks. "The conflict over control of production, distribution and sales of drugs led by organized delinquents within the state of Baja California has generated a large number of homicides as a result of these activities,"said General Francisco Javier Hernández Almanza, the head of the Mexico's National Guard in Baja California. The soldiers will man vehicle checkpoints across the city. But the entry of Mexican soldiers into areas of cartel violence has often led to more -- not less -- violence.

Peru Announces Plans to Buy Up Entire Illicit Coca Crop. The government has announced a plan to buy up the nation's entire supply of illegal coca leaf as part of its battle against drug trafficking. The Andean nation is one of the world's three major cocaine producers, along with Bolivia and Colombia. The country has a legal coca market and produced an estimated 160,000 tons of coca leaf last year, but 95 percent of that was grown illegally and was destined for illegal markets, where it was converted into about 400 tons of cocaine. The country's coca monopoly, ENACO, has 95,000 registered licit coca growers, but there are an estimated 400,000 illicit coca growers that the government wants to bring into the fold. "It is imperative, for at least a year, to buy coca leaf from existing registered producers and from those that will make up the newly created register," Cabinet Chief Anibal Torres said on Wednesday when presenting the initiative. The plan would also end the military occupation of the VRAEM (Valleys of the Apurimac, Ene, and Mantaro Rivers), the country's main coca production area, which has had a military presence since 2006.

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