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Chronicle AM: Trump Vows Foreign Aid Cuts Over Drugs, German Cops Says Legalize It, More... (2/5/18)

The president accuses Mexico and Central American countries of not doing enough to fight our drug war, a group of senators joins the call to save ONDCP, the German police association calls for marijuana legalization, and more.

The president singled out Mexico, El Salvador, Guatemala, and Honduras for criticism over illegal drug imports. (Wikimedia)
Medical Marijuana

Virginia House Passes CBD Bill. The House has passed a bill, House Bill 1215, which would allow doctors to prescribe CBD cannabis oil for any medical condition. A companion measure is up for a vote in the Senate next week and is expected to pass.

Asset Forfeiture

Indiana Senate Passes Asset Forfeiture Reform Bill. The Senate has unanimously approved Senate Bill 99, which does not end civil asset forfeiture, but does require prosecutors to file an affidavit for probable cause within seven days after a seizure and file asset forfeiture motions within 21 days if the owner of the property has objected in writing, 90 days if he has not. Under current state law, property can be held up to six months before the state decides to file a forfeiture claim. The bill now heads to the House.

Drug Policy

US Senators Call on Trump Administration to Keep Drug Czar's Office Intact. A dozen senators have written to the Office of Management and Budget (OMB) and to the Senate leadership urging them to block proposed changes to the Office of National Drug Control Policy (ONDCP -- the drug czar's office) that would essentially gut it. OMB has proposed moving two major grant programs -- HIDTA and the Drug-Free Communities -- out of ONDCP, which would reduce the office's budget by 95% as the nation confronts an opioid crisis.

Foreign Policy

Trump Threatens to Cut Aid to Mexico, Central America Over Drugs. President Trump last Friday threatened to cut off aid to countries from which illicit drugs are imported into the United States. "I want to stop the aid. If they can't stop drugs from coming in, 'cause they can stop them a lot easier than us. They say, 'oh we can't control it.' Oh great, we're supposed to control it," the President said. "So we give them billions and billions of dollars, and they don't do what they're supposed to be doing, and they know that. But we're going to take a very harsh action. We want strong borders. We want to give you laws. We want to stop the catch and release nonsense that goes on. You catch somebody and you release them. You know they're bad," he said. "They're pouring in from El Salvador, Guatemala, Honduras, Mexico, all over. They're just pouring into our country. These countries are not our friends, you know. We think they're our friends, and we send them massive aid, and I won't mention names right now," he said. "But I look at these countries, I look at the numbers we send them, we send them massive aid and they're pouring drugs into our country and they're laughing at us."

International

German Police Call for Marijuana Legalization. The Association of German Criminal Officers (BDK) has come out in favor of ending marijuana prohibition. "The prohibition of cannabis has historically been seen as arbitrary and has not yet been implemented in an intelligent and effective manner," the head of BDK, André Schulz, told Bild newspaper on Monday. "in the history of mankind there has never been a society without the use of drugs; this is something that has to be accepted," he added. "My prediction is cannabis will not be banned for long in Germany." The BDK thus calls for a"complete decriminalization of cannabis use," Schulz said, adding that the current legal system is stigmatizing people and promoting criminal careers.

Philippines Drug War Killing Ratchet Up Again. The Philippine National Police announced last Friday that nearly 50 people suspected of using or selling drugs had been killed by police in the past two months. That's the period that the National Police have been back on the job in the drug war -- after President Duterte temporarily pulled them away last year after officers were found to have killed three teenagers and lied about their deaths.

Chronicle AM: Amnesty Warns on Philippines Drug War, NY Safe Injection Site Push, More... (1/30/18)

Republican legislators are gumming things up in Maine and Virginia, a big coalition calls for preserving the drug czar's office, Amnesty International warns the Philippines, and more.

Duterte's bloody drug war is drawing heat from Amnesty International, but not so much from the State Department. (Wikimedia)
Marijuana Policy

Maine Republicans Set to Delay Adult Use Sales. With a moratorium on legal marijuana sales set to expire Thursday, the state GOP is moving to push back the date legal sales can begin. The Senate Tuesday approved Republican Sen. Roger Katz's bill to delay sales until the spring, but Republican House Leader Ken Fredette is calling for a delay in recreational sales until next year. Gov. Paul LePage (R) has also been an obstacle to implementing the will of the voters, who approved legalization in November 2016, some 14 months ago now.

Virginia Senate Republicans Kill Decriminalization Bill. Nine Republicans on the Senate Courts of Justice Committee voted Monday to kill Senate Bill 111, which would have decriminalized the possession of small amounts of marijuana. The Senate action followed action in the House, where Republicans already killed a similar bill.

Asset Forfeiture

Idaho Civil Asset Forfeiture Reform Bill Filed. The House Judiciary and Rules Committee is taking up a bill that would reform, but not eliminate, civil asset forfeiture in the state. The bill would prevent forfeiture in cases of simple drug possession and would prevent forfeiture of large quantities of cash unless there is evidence of criminal activity. The measure is RS25826, which is not yet available on the legislative website. A similar bill passed the legislature last year, only to be vetoed by Gov. Butch Otter (R).

Drug Policy

Coalition Calls for Trump Not to Gut Drug Czar's Office. More than 150 groups have signed onto a letter sent Monday to the White House opposing the Trump administration's proposed plans to radically cut funding the Office of National Drug Control Policy (ONDCP -- the drug czar's office) and move its grant programs to other agencies. The move would "create an unnecessary distraction from efforts to save our lives," the groups said. Signatories include groups from the prevention, treatment, recovery and criminal justice communities, and more. "Not only would such a move drastically weaken these vitally important programs, and force them to compete for priority, direction, and funding in larger agencies with competing and higher priorities, but it would significantly impact ONDCP's ability to effectively carry out its mission," the groups, led by the Addiction Policy Forum, wrote.

Harm Reduction

New York Activists Press Lawmakers to Approve Safe Injection Sites. Drug policy reform advocates gathered in Albany Monday to urge lawmakers to act on a bill that would allow for the creation of safe injection sites in the state. Legislation was filed last year by Assemblywoman Linda Rosenthal (D-Manhattan), but never acted on. If state Sen. Fred Akshar (R-Binghamton), head of the Senate Heroin Task Force, has his way, it won't be acted on either. "Our state dollars should not be going to a facility that is allowing people to continuously inject drugs," he told the New York Daily News.

International

Amnesty International Demands Philippines Hold Police to Account for Unlawful Drug War Killings. Responding to news that the Philippine National Police have resumed their role in waging President Duterte's bloody war on drugs, Amnesty International warned that police killers must be held to account. "The Philippines neither can nor should try to solve its drug problems at gunpoint," said James Gomez, the group's director for Southeast Asia and the Pacific. "Since President Duterte came to power, police have unlawfully killed thousands of people, the vast majority of them from poor and marginalized communities, in attacks so extensive and brutal they may well amount to crimes against humanity. Now that police are once more returning to the forefront of anti-drug operations, the government must make sure that there is no repeat of the bloodshed seen during the past 18 months."

State Department Drug Agency Vows to Support Duterte's War on Drugs. The State Department's Bureau of International Narcotics and Law Enforcement Affairs ("drugs and thugs"), says it will continue to support the Philippines drug war. "We are aware that the police are continuing the resumption of their operations. Many folks have been tracking the EJKs (extrajudicial killings) and the Philippines. There are some [encouraging things] that were seen, some of our human rights training [is] working and so I would describe [the] United States being cautiously optimistic... when it comes to a good, appropriate way of [carrying out the anti-]drug campaign," Deputy Assistant James Walsh said in a Tuesday press briefing. "And so we'll just monitor that and we'll continue supporting the government of the Philippines with our rule of law, our demand reduction programs and our maritime assistance," Walsh added.

Chronicle AM: RI MedMJ Expansion Proposed, Trump's Junior Drug Czar to Step Down, More... (1/25/18)

It's the time of year for marijuana to start popping up in state legislatures, Rhode Island's governor proposes expanding the state's medical marijuana system, Trump's wet-behind-the-ears deputy drug czar is stepping down, a new poll finds support for criminal justice reforms, and more.

Rhode Island Gov. Gina Raimondo (D) wants to quadruple the number of dispensaries in the state. (Wikimedia)
Marijuana Policy

US Senators and Reps Send Trump Letter Urging Respect for State Marijuana Laws. Some 54 US senators and representatives sent a letter Thursday to President Trump expressing their "urgent concern" about threats to legal marijuana states and urging him to uphold his campaign pledge to respect state marijuana laws.

Iowa Senate Subcommittee Advances Marijuana Sentencing Reform Bill. A Senate Judiciary Committee subcommittee has approved Senate File 342, which would reduce possession of five grams of marijuana or less from a serious misdemeanor to a simple misdemeanor. That would reduce possible jail time from a year to no more than 30 days and reduce fines from up to $1,000 to $65. The bill now goes before the committee as a whole.

New Mexico Marijuana Sentencing Reform Bill Filed. Sen. Joseph Cervantes (D-Las Cruces) has filed Senate Bill 141, which would reduce the penalties for the possession of small amounts of marijuana. Under the bill, people caught with less than an ounce would be subject to a fine of no more than $50 for a first offense and up to 15 days in jail. Possession would remain a misdemeanor. The Senate approved a similar bill last year, but it was never taken up in the House. Cervantes is seeking the Democratic gubernatorial nomination.

Medical Marijuana

Indiana House Calls for Study of Medical Marijuana. The House voted unanimously Thursday in support of a resolution calling for a legislative committee to study medical marijuana. If the Senate concurs, a special council comprised of lawmakers from both parties would do the study over the summer.

Kentucky House Calls for Feds to Remove Roadblocks to Marijuana Research. The House voted 73-5 Wednesday to approve a resolution calling on the DEA and the FDA to "expedite research on the safety and effectiveness of the use of marijuana for certain health purposes."

Rhode Island Governor Proposes Medical Marijuana Expansion. As part of her 2018-2019 budget plan, Gov. Gina Raimondo (D) is proposing quadrupling the number of dispensaries in the state from three to 12, adding "acute pain" to the list of qualifying conditions, and allowing Connecticut and Massachusetts cardholders to buy medical marijuana in the state.

Drug Policy

Trump's 24-Year-Old Deputy Drug Czar to Step Down. Taylor Weyeneth, the 24-year-old former Trump campaigner who was given a senior post in the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office), will step down at the end of this month. Weyeneth's high-ranking position without any apparent qualifications for it, as well as the revelation that he had a habit of not showing up for work at a law firm where has was previously employed, aroused controversy earlier this month.

Sentencing

Poll Finds Broad Support for Reforming Criminal Justice System. A new Public Opinion Strategies poll finds that fully three-quarters of the American public believe the criminal justice system needs "significant improvements," with strong majorities in both parties in agreement on the issue. Similarly, strong majorities of both Democrats and Republicans don't want to spend money locking up nonviolent offenders and that the primary goal of the criminal justice system should be rehabilitation. Mandatory minimums for non-violent offenders are "toxic with voters across the political spectrum," the poll found, with 87% strongly supporting replacing them with a system that allows more judicial discretion.

Chronicle AM: Trump Again Proposes Slashing Drug Czar's Office, More... (1/19/18)

Trump once again proposes radically slashing the drug czar's office, senators want answers on federal drug policy appointments (and the lack thereof), Vermont's governor will sign the legal pot bill this weekend, and more.

From marijuana to the opioid crisis, drug policy is getting attention in Congress these days. (Wikimedia)
Marijuana Policy

House Budget Amendment to Protect State-Legal Marijuana Dies. Rep. Jared Polis (D-CO), coauthor of the McClintock-Polis amendment protecting state-legal marijuana programs, has pulled the amendment from the continuing budget resolution, citing lack of support from the Republican leadership. The amendment would have protected both medical marijuana and adult use marijuana by barring the use of Justice Department funds to go after them.

Trump Administration Reviewing Guidance for Banks Dealing With Legal Marijuana. A top Treasury Department official told Congress Wednesday that the administration is reviewing whether to keep Obama-era guidance providing a route for banks to serve marijuana businesses without getting in trouble with federal regulators. "We are reviewing the guidance in light of the attorney general's recent decision to revoke a Justice Department memorandum on this issue, Sigal Mandelker, the department's deputy secretary, said at a Senate hearing in remarks reported by Marijuana Moment.

Vermont Governor Will Sign Legalization Bill This Weekend. Gov. Phil Scott (R) said Thursday he will sign the marijuana legalization bill, House Bill 511, sometime this weekend. The bill legalizes the possession and cultivation of small amounts of marijuana, but not commercial activity. Scott said he will sign the bill without ceremony out of respect for those who oppose the measure. Once he does, Vermont will become the first state to have legalized marijuana through the state legislature.

Medical Marijuana

Utah Congressman Files Federal Medical Marijuana Research Bill. Rep. Rob Bishop (R-UT) filed a House version of a bill aiming at encouraging medical marijuana research on Thursday. Utah Sen. Orrin Hatch (R) filed the Senate version of the Marijuana Effective Drug Study Act, Senate Bill 1803, in the Senate in September.

Pennsylvania's First Dispensary Opens for Business. Keystone Canna Remedies had its grand opening in Bethlehem on Wednesday -- but it doesn't actually have any product to sell. The dispensary said it will be doing educational workshops until it gets its first shipments of medical marijuana next month.

Tennessee CBD Medical Marijuana Bill Filed. A pair of Republican lawmakers have filed the Medical Cannabis Only Act, which would legalize the use of cannabis oil products, but not edibles or raw marijuana. The bill is not yet available on the legislative website.

Drug Policy

Trump Administration Again Plans Deep Cuts to Drug Czar's Office. The administration is once again planning to slash the budget of the Office of National Drug Control Policy (ONDCP -- the drug czar's office). According to a report in Politico, the plan is to shift ONDCP's two main grant programs, the High Intensity Drug Trafficking Areas grants and the Drug Free Communities grants to the departments of Justice and Health and Human Services, respectively. That would shift ONDCP's budget by about $340 million, or 95%. The move comes as the nation confronts a severe opioid crisis, lending fuel to claims the Trump administration isn't doing enough on the issue.

Senators Call on Trump Administration to Explain Drug Policy Appointments. Driven by revelations that a 24-year-old former campaign worker is playing a key role in the Office of National Drug Control Policy (ONDCP -- the drug czar's office), as well as the administration's failure to fill key drug policy positions, a group of senators sent a letter Thursday calling on the administration to provide information on all political appointees serving in drug policy positions. The letter also called on the administration to identify, nominate, and confirm qualified leaders for the drug czar's office and the DEA. "You have claimed that that the opioid epidemic is a top priority for your administration, but the personnel you have staffing these key agencies -- and the lack of nominees to head them -- is cause for deep concern," the letter said. "This crisis knows no bounds, and we are committed to working across party lines with anyone who is serious about addressing this devastating epidemic."

The Good, the Bad, and the Ugly: The Top Ten US Drug Policy Stories of 2017 [FEATURE]

It was the best of times; it was the worst of times. Tens of thousands die of drug overdoses, hundreds of thousands get arrested for drugs, yet marijuana is seeing boom times. As we bid adieu to 2017, here are the year's drug policy highlights:

Drug overdoses killed record numbers of Americans in 2017. (Wikimedia)
1.The Opioid Crisis Deepens, With Overdose Deaths at an All-Time High

The country's opioid crisis showed no signs of abating in 2017, with the Centers for Disease Control estimating 66,000 overdose deaths this year, up from 63,000 in 2016. To be clear, only about two-thirds of fatal drug overdoses are linked to heroin and prescription opioids, but opioid overdoses surged in 2016 by 28%. It's too early for final data on 2017 overdoses, but there is little reason to doubt that opioids were driving the increase this year. The high levels of overdose deaths have led to a fall in US life expectancy for the past two years, only the third time that has happened in the past century. Policy efforts to curtail the problem have sometimes included regressive moves to up drug sentences, and have generally given only limited consideration to the needs many patients have to access these substances. But public health measures like naloxone distribution and "Good Samaritan" non-prosecution policies have also advanced.

2. Fentanyl is Killing More and More People

The powerful synthetic opioid fentanyl and its analogs are implicated in an increasingly large number of opioid overdose deaths. While deaths involving prescription opioids are decreasing, fentanyl-related deaths have increased by an average of 88% a year since 2013. Illicitly imported fentanyl from labs in China or Mexico is mixed with heroin with lethal results: Half of the increase in heroin-related overdose deaths is attributable to heroin cut with fentanyl, the CDC reported in September. There were nearly 20,000 deaths attributable to fentanyl and other illicit opioids in 2016; the 2017 numbers are likely to be even worse.

3. Key Federal Drug Policy Positions Remain Unfilled, and Kellyanne is In Charge

The Trump administration has not nominated anyone to head the DEA, and the agency is currently being led by Acting Administrator Robert Patterson after Chuck Rosenberg, the acting administrator when Trump took office, resigned in September, saying he didn't want to work with the administration any longer. Similarly, the White House Office of National Drug Control Policy (ONDCP -- the drug czar's office) is without a permanent head after Trump's nominee, Pennsylvania GOP Rep. Tom Marino went down in flames in October in the wake of reports he steered a bill through Congress that impeded the DEA from going after pharmaceutical drug distributors. Neither the White House nor anyone else seems very interested in filling the position, in part, perhaps, because earlier in the year, Trump floated the notion of cutting ONDCP's budget by nearly 95%. But not to worry: Trump pollster, counselor, and apologist Kellyanne Conway is now leading the administration's fight against opioids -- even though she has no public health experience whatsoever.

So far, Attorney General Sessions' bark is worse than his bite when it comes to marijuana policy. (senate.gov)
4. Attorney General Sessions Revives the Federal War on Drugs…

Under President Obama, Attorney General Eric Holder presided over a ratcheting down of harsh federal drug prosecutions and sentences, but current Attorney General Jeff Sessions is doing his best to undo those reforms. In May, Sessions announced that he had directed federal prosecutors to seek the most severe penalties possible in drug cases, including mandatory minimum sentences.

5. …But Fails to Implement a War on Weed, So Far

For all the wailing, gnashing of teeth, and dire predictions of a Sessions war on weed, it hasn't happened yet. The attorney general has made no secret of his dislike for the demon weed, but that has yet to translate into any firm policy positions or federal crackdowns on marijuana in states where it is legal, for either medical or recreational use. Congressional action continues to bar the use of Justice Department funds to go after medical marijuana, although the future of that law after January 22nd remains in doubt. But there was no bar on going after state-legal recreational marijuana, yet it didn't happen. Sessions told the House Judiciary Committee in November that the Obama-era Cole memo remains in effect. That memo directs prosecutors to pretty much leave state-legal marijuana alone except for specified concerns, such as the involvement of youth, violence, or diversion. Later in November, Sessions said the Justice Department was still examining the Cole memo, so all is not safe, but today legal marijuana is still standing.

6. Legal Marijuana's $10 Billion Dollar Year

In December, marijuana market watchers Arcview Market Research estimated that retail marijuana sales would hit $10 billion in 2017, up 33% over 2016. But that's just the beginning, Arcview said. With huge recreational markets such as California (pop. 39 million) and Canada (pop. 36 million) coming online next year, the group expects North American sales to top $24.5 billion by 2021. It's hard even for a pot-hating attorney general to get in front of that economic juggernaut.

7. Pot is More Popular than Ever

Just ask Gallup. The venerable polling firm has been tracking support for marijuana legalization since 1969, when it was at just 12%. In its latest poll, from October, Gallup now has support for marijuana legalization at 64%. What is really impressive is the rapid increase in support in the past 20 years: In 1996, support was at 25%; by 2012, it had doubled to 50%; and it's gained another 14 points in the five years since. Other pollsters are reporting similar current levels of support for marijuana legalization. And this could be another reason the attorney general hesitates to crack down on weed.

8. No State Legalized Weed, But 2018 Should Be Different

After 2016 saw marijuana legalization initiatives win in California, Maine, Massachusetts, and Nevada -- losing only in Arizona, closely -- anticipation was high that 2017 would see more states come aboard. It didn't happen. There are two explanations for this: First, it was an off-off election year and no initiatives were on the ballot, and second, it's hard to move controversial legislation though the state house. Still, the Vermont legislature actually passed a legalization bill, only to see it vetoed by a Republican governor, and that governor now says he is ready to sign a legalization bill. That could happen as early as next month. Likewise, a number of other states saw legalization bills make serious progress, and we could see those efforts come to fruition in places like Connecticut, Delaware, New Jersey, and Rhode Island. And 2018 will most likely see at least one legalization initiative. Activists in Michigan have already handed in signatures and should have enough of a cushion to qualify for the ballot.

9. Safe Injection Sites in the US Draw Ever Nearer

The harm reduction intervention has been proven to save lives, increase public health and public safety, and get hardcore drug users in touch with medical and social service help, and the message is finally on the verge of getting though in the US. At least two major West Coast cities, San Francisco and Seattle, are advancing plans to open such facilities -- although not without staunch opposition -- and, under the progressive leadership of young Mayor Svante Myrick, Ithaca, New York, is making similar plans.

10. The War on Drugs Rolls On

Despite the legalization of medical and/or recreational marijuana in various states, despite various sentencing reforms at the state and federal level, despite the growing recognition that "we can't arrest our way out of this problem," the drug war just keeps on going. The FBI released its annual Uniform Crime Report in November, and while the numbers are from 2016, this year's numbers are unlikely to be any better. More than 600,000 people got arrested for marijuana offenses in 2016, down from a peak of nearly 800,000 in 2007, but still up by 75,000 or 12% over 2015. It's the same story with overall drug arrests: While total drug arrest numbers peaked at just under 1.9 million a year in 2006 and 2007 -- just ahead of the peak in prison population -- and had been trending downward ever since, they bumped up again last year to 1.57 million, a 5.6% increase over 2015.

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

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

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

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

Heroin and Prescription Opioids

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

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

Drug Policy

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

International

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

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

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

Chronicle AM: DEA Annual Threat Assessment Released, Trump Opium Event Thursday, More... (10/24/17)

The White House could announce a national opioid emergency on Thursday, the DEA releases its annual drug threat assessment, the Maine legislature approves a marijuana regulation bill, and more.

The opioid epidemic is front and center in the drug policy debate, and in the eyes of the DEA. (wikimedia.org)
Marijuana Policy

Maine Legislature Passes Marijuana Regulation Bill, Governor May Veto. The legislature approved a bill to regulate the state's impending legal marijuana market Monday, but not by big enough a margin to withstand an expected veto by Gov. Paul LePage (R). The bill would set up a licensing system and set a 10% sales tax and a weight-based excise tax for transactions between growers and retailers. If LePage vetoes the bill, the result could be "chaos" that would throw "oxygen onto the fire of the black market," said Sen. Roger Katz (R-Augusta) in remarks reported by the Bangor Daily News. LePage has said he wants to postpones retail sales until next year.

Heroin and Prescription Opioids

White House to Host Opioid Event on Thursday. The White House Office of National Drug Control Policy has announced that it will host an event Thursday on "the nationwide opioid crisis." The announcement did not make clear what the event will be, but could be the declaration of a national emergency around the opioid crisis. President Trump surprised his advisors last week by saying he would make such an announcement this week.

Trump Opioid Commission Member Not Optimistic. In an interview Monday, Trump opioid commission member former Rep. Patrick Kennedy (D-RI) said he was not optimistic that any recommendations from the commission will lead to any effective action to ameliorate the opioid crisis. Kennedy told the Washington Post "the worry is that" the commission's final recommendations, set for release next week, "won't be adopted."

Drug Store Group Offers Recommendations to Ease Opioid Crisis. The National Association of Chain Drug Stores, which has been criticized on some fronts for contributing to the crisis, has suggested four public policy initiatives that could help rein it in. Among the policy prescriptions are a seven-day limit for initial opioid prescriptions, nationwide electronic prescription monitoring, the use of manufacturer-funded envelopes to return unused opioids, and regulation of synthetic opioids. The association did not address the impact such policy prescriptions could have on chronic pain patients.

Law Enforcement

DEA Releases 2017 National Drug Threat Assessment. The agency released its annual report Monday, and it concentrates on the opioid crisis. The report notes the high number of prescription opioid overdose deaths, warns that heroin is a "serious public health and safety threat," notes the rise of fentanyl, says "the methamphetamine threat remains prevalent," "the cocaine threat continues to rebound," and that the emergence of new psychoactive substances remains "a challenge," among other findings. It qualifies Mexican drug trafficking organizations as "the greatest criminal drug threat in the United States."

Chronicle AM: Dallas Ends Marijuana Possession Arrests, Drug Czar Nominee Names, More... (10/18/17)

Dallas gives up on arresting pot possessors, the DOJ gives up on prosecuting the Kettle Falls Five, there's a new list of possible drug czar nominees, and more.

No more small-time pot arrests in Big D. (Wikimedia Commons)
Marijuana Policy

Pro-Legalization Congressman Plans to Target Anti-Marijuana Lawmakers. Rep. Earl Blumenauer (D-OR), one of the leading advocates for marijuana legalization on Capitol Hill, told a cannabis industry meeting Tuesday that he is taking the offensive against lawmakers who try to block marijuana reform measures. And his first target is House Rules Committee Chair Rep. Pete Sessions (R-TX), who has used his position to block numerous marijuana measures. "We're going to be putting up some billboards in Pete Sessions's district. It's going to feature a veteran and ask the question why Pete Sessions doesn't want him to have access to his medicine," Blumenauer said in remarks reported by Marijuana Moment. "We're going to make the point that there are consequences. This is not a free vote. People are going to take a position one way or another. And if they are going to be part of an effort to deny people access to medicine that can be transformational… this is going to be part of the political landscape this year."

New Hampshire Legalization Commission Meets, Hears Criticism. At the first meeting of a legislative commission charged with studying the effect of marijuana legalization, advocates criticized the commission's makeup and said it was squandering an opportunity for an honest review of issues around legalization. "Sadly, the commission includes staunch opponents of reform such as the Association of Chiefs of Police and New Futures, but supportive organizations such as the ACLU-NH were excluded in the language of the final bill," said Matt Simon, New England Political Director for the Marijuana, in remarks reported by NH1. "Additionally, none of the six legislators who were appointed to the commission has ever publicly expressed support for ending marijuana prohibition."

Dallas to Join Other Major Texas Cities in Not Arresting Pot Possessors. A decade ago, the state legislature passed a law allowing police to ticket and release people caught with up to four ounces of marijuana, yet only a handful of localities have taken advantage of that law. Now, Dallas is one of them. The city council voted 4-1 Tuesday night to allow police to just issue tickets, joining Austin, Houston, and San Antonio.

Medical Marijuana

Justice Department Drops Kettle Falls Case, Concedes It Is Blocked From Prosecuting. The DOJ Tuesday filed a motion to stay the case of the Kettle Falls Five, a group of Washington state medical marijuana patients and producers who had been pursued and prosecuted after a 2012 raid. In the filing, Justice Department officials conceded that an amendment barring the use of federal funds to go after medical marijuana in states where it is legal blocked them from proceeding with the case.

Arkansas Regulators Swamped With Applications, May Push Back Licensing to 2018. Deluged with applications to grow and sell medical marijuana, the state Medical Marijuana Commission has set December 15 when it will start receiving applications, but says even that date could be pushed back as hundreds of applications come in. That means there's still no approximation of the data medical marijuana will actually be available on store shelves in the Razorback State.

Asset Forfeiture

Justice Department Sets Up Oversight Unit for Asset Forfeiture Program. Attorney General Sessions is setting up a Justice Department unit to oversee the equitable sharing asset forfeiture program, which allows state and local law enforcement to let the federal government "adopt" their cases so they can avoid state laws that limit where the proceeds go. Former Attorney General Eric Holder had stopped the controversial program, but Sessions reinstated it, calling it an "extremely valuable" tool for law enforcement. In a memo Tuesday, Sessions ordered Deputy Attorney General Rod Rosenstein to name a director to review the policy and take action if needed.

Drug Policy

With Marino Out, Here Are Possible Drug Czar Nominees. There's a short list of possible nominees to head the Office of National Drug Control Policy after Rep. Tom Marino (R-PA) was forced to withdraw over his championing of a bill blocking the DEA from going after opioid pain pills it suspected were being diverted from legitimate medicinal use. Among the possibilities are former New Hampshire Republican congressmen Frank Guinta, who headed a congressional heroin task force; Trump opioid commission member and Harvard psychiatrist Dr. Bertha Madras, outgoing New Jersey Gov. Christ Christie (R), who heads the opioid commission; Florida Republican Attorney General Pam Bondi, and acting ONDCP head Richard Baum.

Foreign Policy

Trump Extends US "Emergency" Regarding Colombia Drug Trafficking. The White House announced Monday that it is maintaining a national emergency over the "extraordinary threat to the national security, foreign policy, and economy" posed by Colombian drug traffickers. The "emergency" has been in effect since 1995, and allows the government to quickly free up funds to protect threatened interests. Colombia is the home of the vast majority of cocaine consumed in the US.

Chronicle AM: Trump Drug Czar Nominee Withdraws, NFL Endorses Sentencing Reform, More... (10/17/17)

Stories pile up when you spend a week at the drug reform conference: Trump's choice for drug czar is out, the NFL endorses sentencing reform, California's governor signs a sentencing reform bill, and more.

The National Football League has formally endorsed a federal sentencing reform bill. (Flickr)
Marijuana Policy

Mississippi Supreme Court Overturns Marijuana Conviction of Vehicle Passenger. The state Supreme Court last Thursday threw out the marijuana possession conviction of a car passenger, saying the mere fact that he was in the vehicle didn't mean he actually possessed the drug. Marvin Carver had been charged after the car his half-brother was driving was pulled over and marijuana was found. The half-brother said the marijuana was his, and prosecutors never proved that Carver knew about or intended to possess the pot, the court noted.

New Hampshire Marijuana Study Group Holds First Meeting, No Legalizers Included. A commission charged with studying the potential impact of marijuana legalization is holding its first meeting today. Created by the legislature, the commission includes lawmakers and representatives of several state agencies, including banking, law enforcement, and the medical community. Of the legislators, several have voiced opposition to legalization and none are on record in support of it.

Maine Legalizers Reject Legislative Rewrite of Marijuana Law. Legalize Maine, the group behind last year's successful legalization initiative, has come out against the proposed legislative rewrite of the law, saying it "isn't ready for prime time." The group strongly objects to bill language requiring localities to "opt in" to the legal marijuana business instead of having to "opt out." Such a provision will only create chaos and encourage the black market, the group says.

Pennsylvania ACLU Report Finds Large Racial Disparities in Marijuana Arrests. In an analysis of 2016 arrest data, the ACLU found that black adults in the state were eight times more likely to be arrested for pot possession than whites. Marijuana arrests in the state have increased in recent years, and so has the racial disparity in arrests. It was less than six to one in 2011. The arrest figures don't include Philadelphia, which decriminalized in 2014 and saw arrests plummet 88%. But even in Philly, blacks were still three times more likely to be arrested for pot than whites.

Medical Marijuana

Pennsylvania Issues First Medical Marijuana Grow License. The state Department of Health has approved Cresco Yeltrah's 40,000-plus-square-foot indoor grow operation, making it the first medical marijuana grow in the state to be approved. The planting of seeds should commence shortly, with the first crop ready in about four months.

Drug Policy

Trump Drug Czar Nominee Withdraws in Wake of Report He Pushed Bill to Hinder DEA Opioid Pill Enforcement Efforts. Pennsylvania US Rep. Tom Marino (R), who President Trump nominated last month to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office), has withdrawn his nomination in the wake of reports that he shepherded through Congress legislation lobbied for by drug companies and pharmaceutical chains that decreased the DEA's ability to stop suspect shipments of prescription opioids. Marino had come under fire from Democratic lawmakers after the report went public Sunday.

McCaskill Will File Bill to Undo 2016 Law Marino Pushed. Sen. Claire McCaskill said Monday she would fill a bill to repeal the 2016 law Rep. Marino shepherded through Congress at the behest of deep-pocketed drug companies and pharmaceutical chains.

Drug Testing

Wisconsin Moves a Step Closer to Drug Testing Food Stamp Recipients. The state Health Department announced last Friday that it has submitted its plans for the drug testing of food stamp recipients to the office of Gov. Scott Walker (R). Critics of the plan say it requires getting a waiver from the US Department of Agriculture, but the Walker administration disagrees. Look for a court challenge.

Law Enforcement

Justice Department Announces First Ever Indictments Against Chinese Fentanyl Makers. The DOJ announced Tuesday that federal grand juries in Mississippi and North Dakota had returned indictments against two Chinese nationals and their US-based traffickers and distributors for separate conspiracies to peddle large quantities of fentanyl, fentanyl analogues, and other opioids in the United States. These are the first indictments returned against Chinese nationals for manufacturing and distributing fentanyl destined for the US.

Florida Man Wins Cash Settlement After Police Field Drug Test Mistook Sugar for Meth. In 2015, police arrested Daniel Rushing for meth possession after they mistook glaze from a Krispy Kreme donut for methamphetamine. Rushing was held in jail for 10 hours before bonding out. The charges were dropped when subsequent tests showed the substance was indeed glazed sugar. Last week, the city of Orlando agreed to pay him $37,500 to settle his wrongful arrest lawsuit.

Sentencing

In Midst of National Anthem Controversy, NFL Endorses Federal Sentencing Reform Bill. In a letter sent Monday to leading senators, the National Football League offered "full support" for the Sentencing Reform and Corrections Act (S. 1917). "Over the last two seasons, one particular issue that has come to the forefront for our players and our teams is the issue of justice for all," the league noted, obliquely addressing the controversy surrounding NFL players kneeling during the national anthem to protest racial inequality in the criminal justice system, while at the same time supporting progressive sentencing reform.

California Governor Signs Major Drug Sentencing Reform. Last Thursday, Gov. Jerry Brown signed into law Senate Bill 180, authored by State Senators Holly Mitchell (D-Los Angeles) and Ricardo Lara (D-Long Beach). With his signature, Brown repealed a three-year sentence enhancement that added additional years to a sentence for prior drug convictions, such as drug sales and possession of drugs for sales. SB 180, the RISE (Repeal of Ineffective Sentencing Enhancements) Act, was part of Mitchell and Lara's Equity and Justice Package, bills intended to address racially biased sentencing.

Massachusetts Takes Aim at Mandatory Minimums. State Senate leaders are rallying around a sentencing reform bill that would repeal mandatory minimum sentences for small-time drug offenses, lower probation fees, and up the threshold for felony larceny. Supporters of the proposal from Sen. William Brownberger (D-Belmont) rallied last Thursday to champion the bill, which the Senate should be taking up in the next few weeks.

Chronicle AM: Fed MJ Amendments Coming, Trump to Name Marino as Drug Czar, More... (9/5/17)

Trump nominates a drug czar, federal drug prosecutions are down, Obama's clemency program barely scratched the surface, British nitrous oxide prosecutions get laughed out of court, and more.

Rep. Tom Marino (R-PA) is Trump's pick for job czar. (house.gov)
Marijuana Policy

Federal Representatives File Marijuana Banking Amendments. Congressional supporters of legal marijuana have filed two amendments to the House Treasury appropriations bill. One would prohibit Treasury from spending money to punish banks that service the legal marijuana sector; the other bars Treasury from altering FinCEN's guidance to banking institutions. If passed, the bills would allow marijuana businesses in compliance with state laws to have access to the banking system.

Rep. Ted Lieu Files Amendment to Cut DEA Eradication Funding. Rep. Ted Lieu (D-CA) has reintroduced an amendment to slash funding for the DEA's marijuana eradication program by half. Last year, the budget for eradication was $18 million, spent mainly on uprooting low-THC feral hemp in the Midwest. The program "is a ridiculous waste of precious federal resources, especially when multiple states and jurisdictions have already legalized marijuana… it is time for the federal government to stop making marijuana use or possession a federal crime," Lieu said.

California Regulation Bills Die As Legislature Gets Out of the Way. The Senate Appropriations Committee last Friday bottled up ten bills aimed at regulating legal marijuana commerce, leaving the way clear for the state's new Bureau of Cannabis Control to finish its own rulemaking process before lawmakers come back with additional restrictions. "Legislative leaders are working with the administration on a budget trailer bill to resolve cannabis-related issues. It makes sense to take a comprehensive approach," Sen. Ricardo Lara (D-Bell Gardens) chairman of the committee, told the Marin Journal.

Colorado Lawsuit Claims DOJ Using IRS to Do Criminal Investigations of Pot Businesses. The owners of a medical marijuana business in the town of Silt have filed a lawsuit challenging IRS subpoenas to the state's Marijuana Enforcement Division that seek information about how much marijuana the businesses have grown, who they sold it to, and when. The lawsuit alleges that the information is being sought for possible use in criminal investigations by the Justice Department. The IRS says it is simply trying to verify financial records.

Delaware Task Force on Marijuana Legalization Will Meet Wednesday. A state legislative task force charged with studying how marijuana might be legalized and making recommendations on doing so will meet for the first time on Wednesday. The task force was created by legislative resolution after a bill to legalize marijuana failed earlier this year.

Drug Policy

Trump to Name Pennsylvania Republican Congressman as Drug Czar. The White House announced Friday that President Trump will nominate Rep. Tom Marino (R-PA) to head the Office of National Drug Control Policy (ONDCP -- the drug czar's office). Marino had been mentioned as a possible drug czar earlier, but withdrew from consideration in May, citing family illness.

Law Enforcement

Federal Drug Prosecutions Fall Under Trump. Despite all the tough talk about cracking down on crime coming from the White House and the Justice Department, the latest data from the department show that overall criminal conviction and drug conviction are both down during the first 10 months of Fiscal Year 2017. Overall criminal convictions were down 12.3% over last year and are now lower than at any time since 2008. Federal drug convictions were also down by 4.0%, reaching their lowest level since 1997. Of all DOJ prosecutions, immigration offenses accounted for 53.1%, followed by drug conviction at 18.6%.

Sentencing

Report on Obama's Clemency Initiative Finds Only a Small Percentage of Those Eligible Actually Got Clemency. The US Sentencing Commission has released an analysis of the implementation of the Obama administration's 2014 clemency initiative, which encouraged long-serving, nonviolent drug offenders to apply for sentence cuts. The report found that while President Obama granted more commutations than any other president (1,928) and that most of them (1,696) were sentence commutations under the 2014 Clemency Initiative, the initiative only saw sentence cuts for only 3.4% of all federally imprisoned drug trafficking offenders who appeared to meet all the clemency criteria. On the other hand, those who did get sentence cuts saw an average reduction of nearly 12 years.

International

Philippines Drug War Has Nation's Jails Creaking Under the Pressure. While the horrid killings of thousands of suspected drug users and dealers had grabbed the world's attention, President Rodrigo Duterte's drug war has also seen nearly 100,000 people arrested on drug charges, with almost all (94%) of them still in jail awaiting trial. As a result, the country's jails are now tremendously overcrowded, with one prison with an official capacity of 262 inmates now holding 2,975 -- three-fourths of them for drug offenses. It's not just the jails that are feeling the pinch; the Public Attorney's Office, which defends the cases, reports a backlog of 303,000 drug cases, nearly 2 ½ times the backlog when Duterte took office.

British Courts Throw Out Laughing Gas Prosecutions. In the past few days, two cases in which the government attempted to prosecute people for supplying nitrous oxide (laughing gas) have collapsed, with courts ruling that that the stuff is a medicine and thus exempt from last year's Psychoactive Substances Act. This is no surprise to drug experts, including the government's own drug advisors, who warned the law was overly broad and unworkable.

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