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Chronicle AM -- December 6, 2013

A new marijuana legalization has been filed in California, the Florida medical marijuana initiative faces a pair of challenges, the British Columbia decriminalization initiative is struggling, and more. Let's get to it:

Marijuana Policy

A New California Marijuana Legalization Initiative is Filed. The Control, Regulate, and Tax Marijuana Act was filed with the California attorney general's office Wednesday. It would legalize up to an ounce and four plants for people 21 and over and create a statewide system of regulated marijuana commerce. It's not clear, however, whether its backers will seek to gather signatures for 2014 or will use it as a place marker for 2016. Another legalization initiative, the California Cannabis Hemp Initiative of 2014 is in the signature-gathering phase, but lacks deep-pocketed financial backing.

Thinking About a Post-Pot Prohibition World. Martin Lee, the author of Acid Dreams and Smoke Signals, about the cultural histories of LSD and marijuana, respectively, writes about marijuana legalization as a beginning, not an end, and has some interesting and provocative thoughts about what should come next.

Medical Marijuana

Florida Supreme Court Hears Challenge to Medical Marijuana Initiative. The Florida Supreme Court Thursday heard arguments on whether the proposed constitutional amendment to allow medical marijuana should go on the November 2014 ballot. Attorney General Pam Bondi (R) had challenged it as misleading and in violation of federal law. The justices did not decide the issue, but a decision will be coming shortly.

Florida Medical Marijuana Initiative Needs a Lot of Signatures in a Hurry. The state Division of Elections reported Thursday that People United for Medical Marijuana, the group behind the initiative, has just under 137,000 signatures that have been validated. They need 683,149 by February. There is some lag between signatures gathered and signatures validated, and organizers say they have collected 400,000 signatures so far. But that means they need probably another 400,000 in just a few weeks just to have a cushion that would allow for the inevitable invalid signatures.

International

British Columbia Marijuana Decriminalization Initiative Campaign Struggling. Sensible BC's signature-gathering campaign to put a decriminalization initiative on the ballot in British Columbia looks like it is going to fall short. The group needs 310,000 valid signatures by Monday, but only has 150,000 gathered. But if they don't make it this time, that won't be the end of it. "Sensible BC is here to stay," said the group's Dana Larsen. "You can be quite sure we're going to try this campaign again sometime in the next year to year-and-a-half, if we don't succeed this time. We're not going away."

Report Says SE Asia Amphetamine Use is Fueling Rise in HIV Risk. An increase in injection use of amphetamines in Southeast Asia is raising the risk of the spread of HIV and requires "urgent" action, according to a new report from the Australian National Council on Drugs (ANCD) and the Asia-Pacific Drugs and Development Issues Committee. Not only injection drug use, but risky sexual behavior as well among amphetamine users, is part of the problem, the report says.

Chronicle AM -- November 29, 2013

Uruguay's marijuana legalization bill passes another hurdle, a Berlin borough wants cannabis cafes, Chicago proposes tough medical marijuana regulations, Kentucky officials hound the DEA about hemp, and more. Let's get to it:

Is this the face of marijuana legalization? Uruguayan President Jose Mujica (wikimedia.org)
Medical Marijuana

Chicago Proposes Strict Medical Marijuana Regulations. Chicago officials have proposed regulations that would allow medical marijuana dispensaries and grows only in manufacturing districts, would limit the number of grows to 22, and would require that dispensaries and grows be at least 2,500 feet from a school, day care center, or residential area. Medical marijuana becomes legal in Illinois on January 1.

Michigan Appeals Court to Hear Cases on Unemployment Benefits. The Michigan Appeals Court has agreed to hear two cases to determine whether someone fired for using medical marijuana can collect unemployment benefits. Lower court judges have overturned state agency rulings denying the benefits, but medical marijuana foe Attorney General Bill Schuette argues that the law only protects people from criminal prosecutions, not civil penalties.

Hemp

Kentucky Officials Send Letter to DEA Requesting Clarification on Hemp. Kentucky officials have sent a letter to the DEA asking for clarification of its position on industrial hemp. Agriculture Commissioner James Comer, US Sen. Rand Paul (R), and US Reps. John Yarmouth and Thomas Massie want the agency to tell them whether growing hemp in states that have enacted a regulatory framework remains illegal. They point to the federal government's response to marijuana legalization and argue that hemp should be treated the same way.

Drug Testing

Idaho Supreme Court Upholds Drug Possession Conviction Based Solely on Drug Test. Idaho's high court Tuesday upheld the conviction of a woman charged with drug possession after blood from her newborn child's umbilical cord tested positive for methadone. The court held unanimously that the drug test result was probable cause to support a possession conviction.

International

Uruguay Marijuana Legalization Bill Wins Senate Committee Vote. Uruguay is one step closer to becoming the first country to legalize the marijuana trade after the Senate Health Commission voted Thursday to approve the bill. The government-supported legislation has already passed the lower house and is expected to win final approval in the Senate next month.

Cannabis Cafes Coming to Berlin? Legislators in the hip Berlin borough of Friedrichschain-Kruezberg voted Thursday to approve cannabis coffee shops there. The move is the brainchild of Green Party Mayor Monika Hermann, who proposed it in September. Now, the borough must get the German federal government to agree. Under Article 3 of the German Narcotics Act, sufficient public interest could lead to law changes, provided there is public support and backing scientific evidence.

European Cancer Docs Say Restrictive Laws Aimed at Drug Abuse Block Millions from Pain Relief. The European Society for Medical Oncology warned that half the world's population lacks effective access to pain relievers because of restrictive laws aimed at reducing drug abuse. The group's Global Opioid Policy Initiative survey estimated that millions of cancer patients don't have access to seven cheap medicines essential for pain relief, including morphine and codeine. Access to such drugs "is catastrophically difficult" in many countries, the report's lead author said.

British Tories, Lib Dems At Odds Over Drug Policy. Britain's governing coalition is at odds with itself over drug policy after the new Liberal Democrat drugs minister, Norman Baker, said earlier this week that marijuana legalization "should be considered." That caused Conservative front-bencher and Justice Minister Chris Grayling to clarify that he and the Home Office "won't be considering it."

Northern Nigeria Alcohol Crackdown Sees 240,000 Bottles of Beer Destroyed. In attempt to deepen a sharia law ban on alcohol imposed in 2001, but largely ignored in hotels and the city's Christian quarter, Islamic police in the northern city of Kano destroyed 240,000 bottles of beer. They chanted "God is great" as they did so, and the head of the religious police warned that they will put an end to alcohol consumption. Multiple bombings of bars in the Christian quarter in late July carried out by suspected Islamic militants who complained the government wasn't enforcing sharia law adequately left 29 dead.

Peru Eradicates Record Amount of Coca. Peru, once again the world's largest coca and cocaine producer, announced Thursday that it had eradicated a record 55,000 acres of coca, about one-fifth of the total estimated 250,000-acre crop. That's a 60% increase in eradication over last year. The government said the increase was due to tougher anti-drug efforts and a weakening of the Shining Path in coca growing areas.

Israel Medical Marijuana Use up 30% This Year. Medical marijuana use is up sharply this year in Israel, according to the Health Ministry, which released figures showing 13,000 patients were approved to us it this year, up from 10,000 last year. The increase comes as the government is working on a new proposal to regulate medical marijuana. The Health, Agriculture, and Public Security ministries are expected to present it within the next couple of weeks.

A Clean, Well-Lit Place to Shoot Dope -- In Your City, Soon? [FEATURE]

The only existing supervised injection site for hard drug users in North America is Vancouver's Insite, but panelists at a session of the International Drug Reform Conference in Denver last month said activists in a number of US cities are working to be next. (Plans are also afoot in a couple of Canadian cities.)

client at Vancouver's Insite supervised injection site (vch.ca)
Supervised injection sites (SIS) are a proven public health and harm reduction intervention that can save lives by preventing overdoses, bring a measure of stability to the sometimes chaotic lives of addicts, reduce the spread of bloodborne infectious diseases such as HIV/AIDS and Hepatitis C, and reduce crime and disorder in the community.

SISs also exist in a number of European countries and Australia, but face both legal and political hurdles in the US. Still, advocates are ready to push the envelope here in a bid to bring the life-, health-, and money-saving innovation here.

Donald Macpherson, executive \director of the Canadian Drug Policy Coalition and former head of Vancouver's Four Pillars drug policy program explained the prehistory of Insite, offering hints of possible courses of action in the US.

"We had a public health disaster," he said, referring to the city's escalating heroin problem in the 1990s. "Drug users themselves opened an SIS in 1995, and the police watched it, but didn't shut it down. A second opened in 2002. A year later, another non-sanctioned injection site opened up. It was really messy and it took years."

But in the end, Vancouver ended up with Insite and has managed to keep it open despite the best efforts of the Conservative federal government in Ottawa.

"Insite survives because it has an exemption from Canadian drug laws," Macpherson explained. "We won in the British Columbia courts, we won in the Canadian Supreme Court, which instructed the health minister to issue a permit. But we still barely have Insite, and though other cities are working on it, there is a big chill in Canada right now and we're just trying to hang on to what we've got."

Plans for SISs in the US face similar obstacles, but that isn't stopping advocates in a number of cities -- notably Austin, New York City, San Francisco, and Seattle, as well as somewhere in New Mexico -- from pressing forward with plans to open them there.

"I don't know if we'll be first, but we'll be one of many," said Robert Cordero, president and chief program officer of Boom! Health in the Bronx.

Boom! Health, which resulted from the merger of Bronx AIDS Services and Citiwide Harm Reduction, is a multi-service organization with a three-story building that includes a pharmacy, pharmacists with a harm reduction orientation, and a seven-day-a-week drop in center.

"Safe injection would be embedded with all these other services," he said.

"I don't know if we want to be first, but we want to be one of many," said Olivia Sloan, outreach and education associate for the Drug Policy Alliance (DPA) in New Mexico, which has been working patiently to bring cutting edge programs like SISs to the state. "We passed harm reduction, including needle exchange, through the state legislature, but it's not working," Sloan said. "We have overdose deaths at four or five times the national average."

Advocates in New Mexico have been and continue to lay the groundwork for SISs, Sloan said.

"We took a political and academic approach, and our conversation about injection facilities started a few years ago," she explained. "We have mobile syringe exchanges. We drafted legislation last year and the Senate passed a memorial to require we study the feasibility of SISs in New Mexico. We have partnered with the University of New Mexico and are looking for a principal investigator."

In San Francisco, preliminary discussions with local officials about SISs have been going on for some time, but the San Francisco Drug Users Union may follow the path taken by organized Vancouver drug users, as well as many of the needle exchange pioneers in the US, and just do it.

"We have a committee very committed to an SIS that meets every Monday for two hours," said Holly Bradford, the union's coordinator. "We're really on the verge. We have a very active bathroom here; you just open the door," she smiled. We're bringing it to San Francisco," she said. "It might not be sanctioned or aboveground, but it's going to happen."

Whether underground or not, SISs face a hazard-strewn trek. State, local, or federal officials can throw up any number of obstacles, said Lindsay LaSalle, a Berkeley-based law fellow for DPA.

"Drug possession remains illegal and could impact any SIS user, although probably not the staff or operator because they're not handling the drugs," she explained.

"Then there are the crack house laws, which both the federal government and some states have. They make it illegal for anyone to maintain, own, lease, or rent a property where drugs are used, consumed, or manufactured. These laws could cover SISs, and this could impact both clients and staff and operators alike," she elaborated.

"Then there are civil forfeiture statutes. They've used them to go after medical marijuana dispensaries," she enumerated.

Winning local official support reduces some risks, but not all, LaSalle said.

"If SISs were sanctioned at the local level, many of the legal risks dissipate, but state actors could still choose to prosecute," she warned. "In most states, local officers are deputized to enforce state law, so they could still go after an SIS. If authorized at the state level, that would be an incredible victory, but we would still have to deal with the federal government."

While acknowledging that lawyers can be "a buzzkill," LaSalle also hastened to add that things can change faster than we think.

"These legal barriers are not so different from the challenges we've faced with other drug policy issues, like syringe exchanges," she noted. "They were seen as completely radical, but now we have an almost universally accepted public health intervention with the exchanges."

Part of the process of initiating a supervised injection site is selling it to other stakeholders. Panelists had a number of ideas about messages that worked.

"For business people, you tell them this is how we clean up the neighborhood," said a Seattle activist.

"It is a very incremental change from syringe exchange to supervised injection sites," said LaSalle. "Position it as a very small change in an organization that provides all these other services to drug users."

"There's always 'what we're doing is not working,'" said Sloan.

"We're not going to arrest our way out of this problem," suggested Cordero. "But don't go straight to the SIS conversation. Let people see what we're doing, and then they say 'you're doing God's work' and second, 'Holy shit! Where would all those people be if you weren't open?'"

The obstacles to implementing supervised injection sites in the US are formidable, but the need to do so is urgent and increasingly understood, as are the benefits. With activists and advocates in a number of American locales pursuing SISs through a variety of means, the question is not whether it will happen here, but when and where.

Malaysia Minister Talks Drug Decriminalization

A Malaysian government minister said Sunday the Southeast Asian nation is moving toward decriminalizing drug possession, but her remarks also suggested that drug users would be exchanging jail cells for treatment beds. Minister in the Prime Minister's Department Nancy Shukri said the government's policy was moving from prosecuting drug users to treating them.

Nancy Shukri (frim.gov.my)
Her remarks came at the end of a High Level Meeting on Drug Policy and Public Health sponsored by the Global Commission on Drug Policy. The meeting was held in conjunction with the 2013 International Aids Conference held over the weekend in Kuala Lumpur, the Malaysian capital.

Shukri also said that the Association of Southeast Asian Nations' (ASEAN) goal of a drug-free region by 2015 was not realistic, but that smarter approaches by authorities could reduce drug dependence.

"There is no such thing as drug-free but we can control it by changing or shifting our policy," Shukri said. "Instead of looking at drug dependents as criminals, we should actually look at them as patients. Instead of bringing them to jail, we bring them to the clinic," she told a press gaggle after the AIDS conference ended.

Shukri said that Malaysia had been taking steps toward a more effective and humane drug policy, but that those initiatives were not widely known. She cited ongoing needle exchange programs for injection drug users. The sharing of needles is a known vector for the transmission of the AIDS virus, and the program had resulted in a reduction in new HIV/AIDS infections, she said.

"Others include the harm reduction program and upgrading of the rehabilitation centers into Cure & Care Clinics," Shukri said. "We are already there (decriminalizing drugs) but we are not making it loud enough for the people to understand that we have this policy. Our policy has not been established in a formal way."

That could be coming, though. Shukri said the government is currently reviewing the country's drug laws, including the Drug Dependents (Treatment and Rehabilitation) Act of 1983.

"The Law Reform Committee is now in the process of discussing to amend that particular provision [Section 4(1)(b) of the Act which allows the detention of a suspected drug dependent for up to 14 days for a test to be conducted]," she said.

Kuala Lumpur
Malaysia

Nevada Governor Signs Medical Marijuana Dispensary, Needle Bills

Nevada's Republican governor, Brian Sandoval, Wednesday signed into law two drug reform measures, one allowing for medical marijuana dispensaries and one removing syringes from the state's drug paraphernalia law.

On the medical marijuana front, Sandoval signed into law Senate Bill 374, which will establish a state-regulated system of dispensaries. The law envisions up to 66 dispensaries across the state, with up to 40 in Las Vegas, 10 in Reno, and at least one in each county.

"We applaud Gov. Sandoval and the legislature for their leadership and commend those law enforcement organizations that expressed support for this much-needed legislation," said Karen O'Keefe, director of state policies for the Marijuana Policy Project, who testified in support of the bill. "It will make Nevada a safer and healthier place not only for medical marijuana patients, but for the entire community. This new law will provide patients with the safe and reliable access to medical marijuana that they deserve," O'Keefe said. "Regulating medical marijuana sales will also generate revenue and take a bite out of the state's underground marijuana market."

Introduced by Sens.Tick Segerblom (D-Las Vegas) and Mark Hutchison (R-Las Vegas), the bill creates rules and regulations not only for dispensaries, but also infused product manufacturers and cultivation and testing facilities. It also imposes 2% excise taxes on both wholesale and retail sales, with 75% of those revenues going to the education fund and 25% going to cover the cost of regulating the medical marijuana industry.

The state's voter-approved medical marijuana law, passed twice in 1998 and 2000, required the legislature to create a medical marijuana program that included appropriate methods of supplying medical marijuana to patients. Now, the legislature has finally done so. Nevada will now join Arizona, Colorado, Maine, New Jersey, New Mexico, and Rhode Island on the list of states that have state-regulated dispensaries. Two more jurisdictions, Washington, DC, and Vermont should come on board this summer, and the rule-making process for dispensaries is underway in Connecticut and Massachusetts.

On the harm reduction front, Sandoval signed into law Senate Bill 410, which decriminalizes the possession of syringes by removing them from the state's drug paraphernalia list. That opens the way for the over-the-counter sale of syringes and needle exchange programs.

"Back in 1996 when first elected, I was asked what bills I'd be pursuing for my first legislative session," said Sen. David Parks (D-Las Vegas).  "My response was employment non-discrimination, HIV/AIDS state funding and decriminalization of hypodermic devices. Little did I know it would be my 9th session before decriminalization of hypodermic devices would come to fruition."

Nevada becomes the 37th state to decriminalize syringe possession and allow for the over-the-counter sale of needles, as well as needle exchange programs, both proven means of reducing the transmission of HIV, viral hepatitis, and other blood-borne infections.

Nevada harm reduction workers said they were ready to get a needle exchange up and running as soon as the law takes effect.

"In addition to getting sterile syringe out to those who need them, our program will increase safe syringe disposal by individuals in the community," said Sharon Chamberlain, director of Northern Nevada HOPES in Reno. "We will educate these users about the new and needed community disposal options, and strongly encourage them to take advantage of this resource. Previously, no community initiatives provided safe disposal options. "

Carson City, NV
United States

In Memoriam: Dave Purchase, Needle Exchange Pioneer

Needle exchange pioneer Dave Purchase died last month in Tacoma, Washington, where he had long resided and where he began handing out sterile syringes to prevent the spread of AIDS among intravenous drug users back in the summer of 1998. Purchase died on January 21 of complications from pneumonia. He was 73.

https://stopthedrugwar.org/files/dave-purchase-250px.jpg
Dave Purchase
Purchase is widely cited as having started the first needle exchange in the country, although that is difficult to verify.

A Harley rider, the bearded and burly Purchase was working as a drug counselor when he was hit by a drunk driver in 1983. He returned to work after recovering and used $3,000 from a settlement from the crash to buy his first supplies and begin handing out needles, cotton swabs, bleach, and condoms. Within months, he had handed out 13,000 needles, most of them bought with his own money.

By 1993, Purchase had founded the Point Defiance AIDS Project, working with local authorities, and the North American Syringe Exchange Network (NASEN), which now distributes more than 15 million needles a year to syringe exchange programs.

Purchase started his exchanges without official sanction and said he was prepared to go to jail for possessing drug paraphernalia, but then-Tacoma Police Chief Ray Fjetland wisely suspended enforcement of the paraphernalia law at the exchanges. Over the years, Purchase's Tacoma exchange became a model, especially in winning the cooperation of local authorities.

At last count, there were around 200 needle exchange programs in the country, which distributed some 36 million syringes in 2011. Those needle exchange programs have been repeatedly shown to save lives by reducing the spread of AIDS and other blood-borne infections. Dave Purchase wasn't the only early needle exchange advocate, but he was a tireless one, and countless people owe their lives to his efforts.

And maybe more than lives. In a testimonial posted on the NASEN web site (linked below), Nick Crofts expressed thoughts felt by many in calling Dave "a presence in the world... a taken-for-granted, a defining pole, a constant point of reference when there was trouble or confusion, an ethical touchstone." Crofts wrote, "[a]ll the people Dave inspired share one characteristic with him... he accepted people for what they were, he valued them for their very existence, he made it known to them and everyone else that their lives were equally important as his and everyone else's. This is the hallmark and the revolution of the harm reduction movement... and Dave stamped this all over the north American scene, and through his acolytes all over the world."

Dave may be gone now, but his work lives on. More testimonials and links about him can be found on the NASEN web site and the Tacoma Syringe Program Facebook page.

Tacoma, WA
United States

New Jersey Finds Syringe Exchange Works

In a report released Tuesday, the New Jersey Department of Health and Senior Services has found that the state's needle exchange program has provided clean needles to nearly 10,000 drug users and gotten more than 2,000 of them into drug treatment. In the report, Health Commissioner Mary O'Dowd concluded that the program is a success and should be continued.

The goal of needle exchange programs is to reduce harm to injection drug users and the community at large by reducing the spread of blood-borne diseases, such as HIV/AIDS and Hepatitis C. According to the report, injection drug users accounted for nearly 40% of new HIV/AIDS cases in the state through 2010.

"Sterile syringe access programs (SAPs) which include drug treatment and behavioral interventions are one model proven to significantly prevent/reduce the transmission of these diseases," the report noted. "These programs have also been shown to facilitate enrollment of IDUs into drug rehabilitation programs."

New Jersey passed a pilot needle exchange law in 2006, and Atlantic City became the first in the state to implement a needle exchange the following year. Camden, Newark, and Paterson came on board in 2008, and Jersey City in 2009.

Those programs saw 9,912 people enrolled between November 2007 and November 2011. Nearly 300,000 clean needles were distributed, with more than 160,000 dirty ones collected. In 2010, the state began providing each program with a nurse, and since then 59 pregnant injection drug users have received prenatal care and drug treatment.

"We are totally thrilled and certainly very grateful to the commissioner for her support," said Roseanne Scotti, head of the Drug Policy Alliance New Jersey office, who faced off against lawmakers, law enforcement, and social conservatives to help push the bill through. "This is a culmination of a 20-year battle, when Senator Wynona Lipman introduced the bill back in 1992."

Trenton, NJ
United States

Danes Want Heroin Pills for Addicts

In remarks reported by the Copenhagen Post Sunday, Danish Health Minister Astrid Krag announced that she is proposing that heroin in pill form be made available to addicts. Denmark is one of a handful of European countries that provide maintenance doses of heroin to addicts, but to this point, the drug was only available for injection.

Heroin safer in pill form? Danes thinks so. (wikimedia.org)
It is time to offer users a safer choice, Krag said, adding that the pills should be available next year. She said the Danish Board of Health had evidence to believe making heroin available in pill form would reduce the risks of disease and overdose.

"With tablets, we get a tool that lessens the risk of incorrect dosages, injuries and incidences of cancer," she explained. "This will be an improvement of the current system. It clearly needs to be in place by 2013."

The Danish government approved heroin maintenance in 2008, with the first clinic opening in 2010. There are now five of them. A supervised injection site is set to open in the Copenhagen neighborhood of Vesterbro later this year. In the meantime, a mobile injection site is zooming around the neighborhood.

Opposition conservative party spokespersons said they were open to the proposal, but wondered how it would be paid for. But spokespersons for the government Socialistisk Folkeparti said that was just politics.

"It is remarkable that [the conservative opposition] says that financing must be in place before you make a proposal," said Jonas Dahl, health spokesman for the Socialists. "The working procedure has always been that we first get a professional recommendation from the Board of Health and then find the money."

Copenhagen
Denmark

"You Can't Stop AIDS Without Ending the Drug War" [FEATURE]

The XIX International AIDS Conference took place in Washington, DC, last week, bringing more than 20,000 scientists, activists, government officials, and journalists to assess the science and determine best practices for reducing the spread of the HIV virus. The US was able to host the conference for the first time in 22 years after it finally repealed a law denying people with HIV admission to the country.

https://stopthedrugwar.org/files/aids2012-protest-1.jpg
activists interrupt the conference opening session to protest the exclusion of drug users and sex workers (video at droginreporter.hu/en)
But other critical groups remained excluded -- drug users and sex workers. Although they make up a majority of people living with HIV in many countries, people who admit to ever using drugs or engaging in prostitution within the past 10 years are inadmissible under US immigration laws. The State Department could have issued a blanker waiver of inadmissibility for people attending the conference, but declined to do so.

Drug users and sex workers who wanted to attend the conference were thus faced with a dilemma: Tell the truth and be barred or lie on the visa application, which in itself is a violation of US immigration law. As a result, representatives of some of the groups most affected -- and most likely to be affected in the future -- were unable to attend.

"People do not want to run the risk of attending the conference in a country where they are told they are not wanted or desired," said Allan Clear, the executive director of the Harm Reduction Coalition. "It sends the message that people who have a history of drug use or sex work are not actually included in the dialog at all, and is a serious setback in the fight against AIDS. I don't think the US government has any particular interest in actually involving sex workers or drug users in policy or programming."

The exclusion of drug users and sex workers hasn't gone down well with activists. As far back as two years ago at the Vienna AIDS conference, Indian activist Meena Seshu called for a boycott of AIDS 2012, pointing out that it was unethical three decades into the AIDS epidemic to discuss AIDS policy without including those most affected. Some have boycotted the conference, opting instead to attend a Kiev conference that began July 9 for drug users and people living with HIV from Eastern Europe. Sex workers and their allies followed with a side meeting in Kolkata this week. While those two events are officially considered "hubs" of the International AIDS Conference, many attended them as a means of protesting the exclusion of drug users and sex workers in Washington.

Unhappiness broke into the open in Washington Monday when dozens of drug user and sex workers activists disrupted the conference's opening press event. They leapt from their seats unexpectedly and marched through the room, waving banners and shouting slogans such as "No drug users? No sex workers? No International AIDS conference!"

Discontent with AIDS policies that marginalize drug users and sex workers escaped from the conference rooms and onto the streets again on Tuesday, as hundreds marched to the White House chanting "No More Drug War" in a rally timed to coincide with the conference. The march broadened the scope of protest, linking the battle against AIDS with the war on drugs and corporate domination of US political life.

On the way to the White House, protestors stopped at UPS and Wells Fargo facilities to chide those corporations for unhelpful practices. UPS took heat for donating to politicians who voted to restore the federal ban on needle exchange funding, and Wells Fargo for investing in private prisons.

"Wells Fargo is literally invested in locking more people up," said Laura Thomas of Drug Policy Alliance (DPA).

Activism around drug users and AIDS also took place in the conference's Global Village, including the installation of a model of Vancouver's Insite supervised injection site and tours of a local needle exchange outreach van courtesy of DC's Family and Medical Counseling Services. The Harm Reduction and Global Drug Policy Zone in the village also featured special events and presentations put on by groups including the Harm Reduction Coalition, Harm Reduction International, the Hungarian Civil Liberties Union, the Eurasian Harm Reduction Network, and the International Network of People Who Use Drugs.

Advocates also took advantage of the AIDS conference to unleash a campaign on the theme of "You Can't End AIDS Unless You End the Drug War." Articles to that effect appeared on Alternet and the Huffington Post (and were picked up elsewhere), while Global Commission on Drug Policy member Richard Branson penned a USA Today op-ed piece on how drug prohibition contributes to the spread of HIV. As part of the same campaign, Politico ran a full-page ad signed by Global Commission members and other notables, repeating the message and directly challenging both President Obama and Gov. Romney to "do the right thing." Giants in AIDS advocacy like Michael Kazatchkine and Stephen Lewis joined the calls in speeches given during the conference.

In an unexpected cap to things, former President Bill Clinton called for drug use to be treated as a public health issue, not a criminal justice one, in remarks at the closing plenary. Clinton cited The Huffington Post and Alternet op-eds, coauthored by the Drug Policy Alliance's Ethan Nadelmann and American Foundation for AIDS Research founder Matthilde Krim.

Activists demanding a larger role for drug users and sex workers in setting the policies that are supposed to help them fight AIDS came armed with powerful ammunition. Two recent reports clearly lay out how criminalizing drug use helps spread the disease and how many countries are failing to adequately deal with the spread of HIV among injection drug users.

The first report, from the Global Commission on Drug Policy, makes its findings clear in its title: "The War on Drugs and HIV/AIDS: How Criminalization of Drug Use Fuels the Global Pandemic." In the report, the commission noted that injection drug use now accounts for one-third of new HIV infections outside of sub-Saharan Africa, including some 354,000 people in the US.

"Throughout the world, research has consistently shown that repressive drug law enforcement practices force drug users away from public health services and into hidden environments where HIV risk becomes markedly elevated," the commission said. "Mass incarceration of nonviolent drug offenders also plays a major role in spreading the pandemic."

The commission also remarked on "the remarkable failure" of drug prohibition in reducing the global drug supply. The worldwide supply of illicit opiates, such as heroin, has increased almost four-fold in recent decades, the commissioners noted. They also noted the drug war's contribution to the growth of organized crime and violence.

The commission identified proven addiction treatment and evidence-based public health measures that countries should put in place to reduce the spread of HIV and protect community health and safety. They include needle exchange programs, safer injecting facilities, and prescription heroin programs.

"Failure to take these steps is criminal," the commission said.

In the second report, "The Global State of Harm Reduction 2012: Towards an Integrated Response," from the London-based Harm Reduction International (formerly the International Harm Reduction Association), researchers found that while injection drug use has been identified in 158 countries, only half of them have any programs aimed at preventing the spread of HIV among injectors, and the situation internationally is not improving. Even in countries that are addressing the problem, programs suffer from lack of funding and donor support is decreasing. That is undermining the global response to AIDS, the report concluded.

"In the last two years, we have seen a significant scale-down of services in countries with some of the highest HIV burdens among people who inject drugs," said Rick Lines, the group's executive director. "As tens of thousands gather in Washington this week to call for an end to AIDS, it is becoming increasingly clear that governments have neither the will nor the intention of ending the spread of HIV among people who use drugs."

"We have seen the number of needle exchange programs in Russia drop for 70 in 2010 to only six in 2012. This is made worse by a retreat of many bilateral and multilateral donors to funding effective harm reduction interventions in many countries," said Claudia Stoicescu, public health analyst at Harm Reduction International and author of the report. "Such developments significantly limit progress toward global commitments to halve HIV transmission related to unsafe injecting by 2015, let alone any hope of achieving universal access to HIV prevention, treatment, care and support for people who inject drugs."

"The reluctance of governments to fund an adequate response to HIV and injecting drug use stands in stark contrast to the seemingly limitless budgets for ineffective and punitive law enforcement responses," said Lines. "Governments care more about fighting a losing war on drugs than they do about winning the fight against HIV."

As the world enters its fourth decade of living -- and dying -- with HIV/AIDS, this week's conference and its barriers to participation by and concern for some of those most directly affected by the crisis -- drug users and sex workers -- demonstrate how far we still have to go. They also make achingly clear the destructive role that drug prohibition and the criminalization of marginalized populations play in perpetuating the epidemic.

Maybe next time the International AIDS Society will hold its conference someplace where drug users and other marginalized groups can attend and be heard. Or maybe the United States will alter its harsh visa requirements aimed at drug users and sex workers. Either one would be good. Ending drug prohibition, the stigma it generates, and the obstacles to fighting disease it engenders would be better.

Washington, DC
United States

Making Sure Drugs Kill: Commission Blames Drug War for Spreading AIDS [FEATURE]

On Tuesday, as the UN's global drug prohibition bureaucracy marked its annual International Day Against Drug Abuse and Illicit Trafficking and UN Office on Drugs and Crime head Yuri Fedotov blamed hard drug use for "bringing misery to thousands of people, insecurity, and the spread of HIV," a group of leading international voices offered a starkly contrasting perspective, arguing instead that is the failures and consequences of global drug prohibition that are driving the spread of HIV/AIDS and other blood-borne diseases among drug users.

Commission members Michel Kazatchkine, Ruth Dreifuss, and Ilana Szabo at London press conference
Those voices, gathered together as the Global Commission on Drug Policy, include six former presidents from around the world, public health experts, and socially conscious entrepreneurs such as Sir Richard Branson. They took the opportunity of global anti-drug day to issue a report, The War on Drugs and HIV/AIDS: How the Criminalization of Drug Use Fuels the Global Pandemic that directly condemns the drug war as a failure and calls for immediate, fundamental reforms of the global drug prohibition regime to slow the spread of HIV and reduce other drug war harms.

There are an estimated 33 million people worldwide infected with HIV, and outside sub-Saharan Africa, injection drug use accounts for one-third of new infections. The situation is particularly bad in Russia and other countries in the former Soviet Union and East Bloc that continue to take harsh drug war approaches to drug use despite the evidence before their own eyes. In Russia, nearly one in a hundred adults is now infected with HIV.

But it's not just the Russian sphere where policymakers ignore the evidence. The report also cites China, Thailand, and the US, where Congress recently reinstated a longstanding ban on the use of federal funds for syringe exchange programs. In countries that have adopted evidence-based HIV prevention programs, such as Switzerland and Portugal, injection drug use-related HIV infections have nearly been eliminated.

According to the report, drug prohibition and the criminalization of drug users spurs the spread of HIV through the following means:

  • Fear of arrest drives persons who use drugs underground, away from HIV testing and HIV prevention services and into high-risk environments.
  • Restrictions on provision of sterile syringes to drug users result in increased syringe sharing.
  • Prohibitions or restrictions on opioid substitution therapy and other evidence-based treatment result in untreated addiction and avoidable HIV risk behavior.
  • Deficient conditions and lack of HIV prevention measures in prison lead to HIV outbreaks among incarcerated drug users.
  • Disruptions of HIV antiretroviral therapy result in elevated HIV viral load and subsequent HIV transmission and increased antiretroviral resistance.
  • Limited public funds are wasted on harmful and ineffective drug law enforcement efforts instead of being invested in proven HIV prevention strategies.

"The Global Commission is calling on all entities to acknowledge and address the causal links between the war on drugs' criminalization of drug use and drug users and the spread of HIV/AIDS," commission member Michel Kazatchkine, the former executive director of the Global Fund to Fight AIDS, Tuberculosis, and Malaria told a London press conference. "For people who inject drugs and their sex partners, the AIDS epidemic continues to be a public health emergency."

"It is so clear now that there is a relation between repressive drug policies and the spread of HIV/AIDS," said former Colombian President Cesar Gaviria. "If we don't get people into the health system without fear, it will be very difficult to do treatment and prevention."

Commission member Sir Richard Branson at "Atlantic Exchange" drug policy discussion, Washington, DC, March 2012
"I have long thought the war on drugs did more harm than good, and the commission's report put the data behind those beliefs," said Branson. "The war on drugs is not stopping drug use, and it also contributes significantly to the AIDS epidemic by driving users into the shadows. As an entrepreneur, if my business was failing for 40 years, I would close it down. Refusing to implement public health measures to reduce HIV and protect people with a drug problem is nothing short of criminal."

Branson and the other commissioners made some concrete recommendations for action in the report. Those include:

  • Push national governments to halt the practice of arresting and imprisoning people who use drugs but do no harm to others.
  • Measure drug policy success by indicators that have real meaning in communities, such as reduced rates of transmission of HIV and other infectious diseases, fewer overdose deaths, reduced drug market violence, fewer individuals incarcerated and lowered rates of problematic substance use.
  • Respond to the fact that HIV risk behavior resulting from repressive drug control policies and under-funding of evidence-based approaches is the main issue driving the HIV epidemic in many regions of the world.
  • Act urgently: The war on drugs has failed, and millions of new HIV infections and AIDS deaths can be averted if action is taken now.

"The AIDS epidemic is a harsh and brutal teacher that obliges us to take a scientific approach to deal with sex workers and drug addicts," said former Swiss President and commission member Ruth Dreifuss. "Politicians have to inform citizens of the benefits, risks, and failures of drug policy, and politics has to take responsibility for policy change. Public health has to be at least as important as criminalizing the drug traffic," she told the press conference.

"Addicted injecting drug users is one of the main sources of the spread, and not all of them will achieve abstinence," said Dreifuss. "Substitution therapies can take people away from street drug dealers and violence. For some, the provision of medical heroin is necessary to allow them to abandon criminal activities and overcome marginalization. It's possible to implement these large scale programs at low costs with high benefits," she argued.

"For others, harm reduction measures are necessary in order to avoid the spread of HIV/AIDS and other bloodborne disease. Needle exchange programs, free condoms, safe consumption rooms all not only save the lives of drug users but protect the whole population," Dreifuss explained. "We need the full spectrum of these measures for those in prison, too, who are at more risk for HIV infections."

Dreifuss touted her own country's experience as a model. Faced with mounting injection drug use, Switzerland eventually went the route of supervised injection sites and opioid maintenance, including heroin maintenance.

"Our experience is that it works," she said. "The police protect the injection rooms from dealers. The four pillar policy [prevention, treatment, harm reduction, enforcement] has been broadly accepted by our citizens and the spread of HIV/AIDS is under control."

Even within the constraints imposed by the global drug prohibition regime, countries can still take action to mitigate the drug war's role in the spread of infectious disease, she said.

"It is possible for countries to adopt effective harm reduction measures within existing drug laws," Dreifuss argued. "The decriminalization of drug use is the first step, and the second step is to determine what type of market can drive out dealers. The war on drugs has failed to reduce supply or demand; let us replace prohibition with regulation and avoid jeopardizing public health and harm reduction policies with inefficient measures."

"Our message is that prohibitionist law enforcement has failed in its goals of eradicating drugs and protecting people's health," said Kazatchkine. "Illegal drugs have become cheaper and more available and HIV and other health risks have increased. Prohibitionist policies have been shifting the market to stronger drugs and led to a war on users with numerous human rights abuses, police harassment, violence, extortion. The fear of police and stigma is driving users underground and away from access to information, care, and medical services," he warned.

"One cannot improve health through war," he concluded. "This is an epidemic among people who inject that we can actually control. If we are to have a chance at reducing the transmission of AIDS, we need to open up and change our ways."

The Global Commission on Drugs has laid out the problem and showed us the path to fix it. Now, it is up to our political leadership to act accordingly, and it is up to us to ensure that it does.

London
United Kingdom

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