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AR Judge Voids Laws Altering MedMJ Law, EU Releases Annual Drug Report, More... (6/16/23)

There are signals that a federal marijuana rescheduling decision will be reached this year, a Senate bill to crack down on drug cartel use of social media wins a committee vote, and more.

Europe is being flooded with cocaine. Spanish authorities caught this batch in 2014. (minisdef.es)
Marijuana Policy

Top Biden Official Says Marijuana Rescheduling Decision Will Go to President This Year. Department of Health and Human Services (HHS) Secretary Xavier Becerra said Thursday that the department is working to present a marijuana rescheduling decision to President Biden "this year." Agencies are working "as quickly as we can" to complete the administrative review, Becerra added.

"What I can tell you is that the president instructed us at HHS -- FDA in particular -- to take a look at how we treat marijuana to see if we can update our review of marijuana as a drug and how we can make sure how we treat it going forward on the federal level," Becerra told Marijuana Moment. "Places like California have already changed the laws, the federal government has not, and so we've been instructed and we're underway with that review as we speak."

The administration is under pressure from lawmakers as well as activists and the industry to get the job done even as Congress works on incremental marijuana law reforms, such as giving marijuana businesses access to the banking history.

Medical Marijuana

Arkansas Judge Throws Out Slew of Laws Modifying Voter-Approved Medical Marijuana Law. Pulaski County Judge Morgan "Chip" Welch on Wednesday threw out 27 laws adopted by the legislature to modify the Amendment 98 medical marijuana initiative approved by voters in 2016. Welch deemed the laws unconstitutional because they made changes to Amendment 98 without letting residents vote on them, which is required by state law.

The voided laws include one barring the use of telemedicine for patients to get a written certification, one prohibiting National Guard members from being caregivers, one that added criminal background checks and changed "excluded felony offenses," one that regulated advertising, one that allowed for the transfer of licenses among dispensaries and cultivation companies, and many, many more.

Drug Policy

Senate Homeland Security Committee Approves Bill to Crack Down on Cartel Recruitment and Smuggling on Social Media. The Homeland Security and Governmental Affairs Committee today approved bipartisan legislation offered by the Border Management Subcommittee Ranking Member Senator James Lankford (R-OK) and Chair Senator Kyrsten Sinema (I-AZ). The Combating Cartels on Social Media Act (S. 61) aims to crack down on cartels that recruit teenagers through social media to conduct smuggling and trafficking.

Lankford accused big social media companies of "pick[ing] and choos[ing] which illegal activities they like and which they do not like, and clearly, they like people illegally crossing the US border. Social media companies need to be held accountable for turning their heads to human trafficking at the cost of human lives."

Sinema accused the companies of effectively helping the cartels recruit teenagers on both sides of the border.

The bill would require the Department of Homeland Security (DHS) to analyze cartels' illicit usage of social media and establishes a process for technology companies to voluntarily report cartel recruitment efforts in the US to DHS and state and local partners.

International

European Union Drug Report Finds Continent Exposed to More Drugs Than Ever. In its annual report released Friday, the European Monitoring Center for Drugs and Drug Addiction (EMCDDA) finds that the availability of illicit drugs remains high and that people on the continent are being exposed "to a wider range of psychoactive substances."

The report noted massive increases in drug seizures between 2011 and 2021, led by cocaine (up 416 percent), marijuana (up 260 percent), meth (up 135 percent) and MDMA ( up 123 percent).

The report found that, though there is demand for these drugs within the EU, "it is likely that increases in quantities seized reflect, at least partially, the larger role played by Europe as a place of production, export and transit for these drugs."

"Almost everything with psychoactive properties can appear on the drug market, often mislabeled or in mixtures. This is why illicit drugs can affect everyone, whether directly through use, or indirectly, through their impact on families, communities, institutions and businesses," EMCDDA Director Alexis Goosdeel said in a statement.

"While western and southern Europe remain the main markets for cocaine, there are signs of cocaine consumption becoming increasingly more common in cities in eastern Europe -- indicating that the cocaine retail market is also developing in other regions. In terms of high-risk opioid use, the countries with the highest number of users per 1,000 inhabitants are Italy, Austria, France, Greece, Spain and Germany," wrote Teodora Groshkova, principal scientific analyst at EMCDDA and Gregorio Planchuelo, database management development officer at EMCDDA.

The Punitive Prohibitionist Approach to Drug Use During Pregnancy is Killing Women [FEATURE]

How to deal with substance abuse during pregnancy is a fraught issue, generating harsh sanctions against pregnant women who use drugs or who lose their fetuses before birth and are drug users. According to data compiled by Pregnancy Justice, the advocacy group formerly known as National Advocates for Pregnant Women, prosecutors filed more than 1,300 criminal cases against pregnant women between 2006 and 2020, a rate of more than a hundred a year. They are almost always poor women of color.

Hardnosed prosecutors and child protection agencies enabled by state and federal laws use a number of techniques and statutes to go after pregnant women who use drugs. As compiled by the Guttmacher Institute, a research and policy group committed to advancing sexual and reproductive health and rights, they include:

  • Making drug use during pregnancy a crime. Such laws have been upheld by state Supreme Courts in Alabama and South Carolina.
  • Several states have expanded their civil child-welfare requirements to include prenatal substance use, so that prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect.
  • Some states, under the rubric of protecting the fetus, authorize civil commitment (such as forced admission to an inpatient treatment program) of pregnant people who use drugs; these policies sometimes also apply to alcohol use or other behaviors.
  • A number of states require health care professionals to report or test for prenatal drug exposure, which can be used as evidence in child-welfare proceedings.
  • To receive federal child abuse prevention funds, states must require health care providers to notify child protective services when the provider cares for an infant affected by illegal substance use.

But now, a growing number of experts, including maternal/fetal specialists, federal health officials and people who treat addiction, are saying that such responses are counterproductive. Women who feel subject to prosecution may avoid health care entirely or may shy away from interventions such as a medication-assisted treatment (MAT) with opioids such as methadone or buprenorphine, increasing their likelihood of fatal overdoses. Overdoses are a eading cause of preventable death among pregnant women.

A study published this week in the Maternal and Child Health Journal of 26 pregnant Massachusetts women found that the decision whether or not to use MAT "was entirely wrapped up in what happened with respect to mandated reporting to Child Protective Services at the time of delivery," according to Dr. Davida Schiff, the study author and an addiction medicine specialist at Massachusetts General Hospital in Boston. The women underwent "intense anxiety and stress" about the threat they would be reported to child protective services.

"This has led to many women either deciding to not start life-saving medication during pregnancy or to wean off of that life-saving medication during pregnancy and really risk poor outcomes for themselves and their babies," Schiff said.

That someone is using drugs while pregnant "does not diagnose anyone's ability to parent," said Dr. Hendrée Jones, executive director of the University of North Carolina's Horizons Program, a drug treatment program. "I have a woman getting ready to deliver, and she is terrified that somehow they're going to find drugs in her system and Child Protective Services is going to be called and her baby's going to be snatched away," Jones said.

"Across the entire country, we're seeing a general trend toward more punitive policies, and those are kind of the policies that consider substance use during pregnancy to be child abuse or neglect," said Laura Faherty, a policy researcher at the RAND Corporation.

The head of the National Institute on Drug Abuse (NIDA), Dr. Nora Volkow, also thinks things have gone too far.

"We should remove criminalization of women who are pregnant and taking drugs," she said. "That needs to stop. We know that mortality from overdoses is greater in women that are pregnant than counterparts of the same age that are not pregnant. This is extraordinarily important because it's telling us that there's something that is making these pregnant women more vulnerable."

The need for change from punitive prohibitionist policies is urgent. A 2019 study found that the rate of opioid-related diagnoses among pregnant women more than doubled between 2010 and 2017, with ongoing research suggesting another big increase after 2017. And a 2022 study found that the number of pregnant women and new mothers dying of drug overdoses reached a record high in 2020, nearly doubling to11.85 per 100,000 from 6.56 per 100,000 in 2017.

Punitive prohibitionist policies are not working. It is time for another approach.

DEA Head Under Investigation Over No-Bid Contracts, CA Fentanyl Sentencing Ballot Measure, More... (4/19/23)

A federal veterans' medical marijuana bill gets refiled, an Oklahoma fentanyl test strip bill advances, and more.

Medical Marijuana

Bipartisan Bill to Legalize Medical Marijuana for Military Veterans Refiled. Rep. Barbara Lee (D-CA) and 12 bipartisan cosponsors refiled the Veterans Medical Marijuana Safe Harbor Act Wednesday. The bill would legalize medical marijuana for military veterans. The bill would amend federal law to allow vets to legally possess and use medical marijuana in accordance with state laws and with a doctor's recommendation. It would also allow doctors at the Department of Veterans Affairs to recommend medical marijuana. Earlier versions of the bill were filed in the last three Congresses.

Harm Reduction

Oklahoma Bill to Legalize Fentanyl Test Strips Heads for Senate Floor Vote. A bill to legalize fentanyl testing strips by declaring that they are no longer considered drug paraphernalia, House Bill 1987, has passed the Senate Health and Human Services Committee on a unanimous vote and is now headed for a Senate floor vote. The bill has already been approved by the House by a vote of 58-22.

Law Enforcement

DEA Head Investigated for No-Bid Contracts to Past Associates. In the latest scandal to rock the DEA, the Justice Department's Office of the Inspector General is investigating whether DEA Administrator Anne Milgram improperly awarded no-bid contracts worth millions of dollars to past associates. Under scrutiny is $4.7 million the agency spent for "strategic planning and communication," much of which went to people Milgram knew in her capacity as New Jersey's attorney general and as a New York University law professor and who were paid at far higher rates than government officials.

Also under scrutiny is a $1.4 million contract given to a Washington, DC, law firm to review the DEA's scandal-plagued foreign operations. That review was widely panned for downplaying agent misbehavior. It was written by Boyd Johnson, a former assistant to former New York City US Attorney Preet Bharara, one of Milgram's closest friends.

Federal contracting is not supposed to bypass the government hiring process and is supposed to take place without preferential treatment for anyone. If the Inspector General finds wrongdoing, it could lead to administrative or even criminal charges.

Sentencing Policy

Push for California Ballot Initiative to Increase Penalties for Fentanyl Dealers Gets Underway. An Orange County group calling itself Fentanyl Solution has $2.2 million in initial funding and plan to draft a ballot initiative that would increase sentences for people convicted of fentanyl distribution. The groups says it will begin with a public opinion poll on the issue to help figure out the best way to draft the proposed initiative.

"We want to let the legislators, who voted against every form of penalty for these drug dealers, know that we are holding them accountable," said Janice M. Celeste, President & CEO of Fentanyl Solution.org. "We believe that drug dealers who sell fentanyl and murder their customers must pay the price for their actions. The Poll-to-Prop initiative is a crucial step in our efforts to raise awareness about the need for stricter penalties for these criminals."

It's a long way from here to an initiative qualifying for the 2024 ballot. Once an initiative is approved by state officials, backers will have 180 days to come up with more than half a million valid voter signatures, but that must happen by July 2024 to get on the November 2024 ballot.

This Year's Top Ten Domestic Drug Policy Stories [FEATURE]

The good, the bad, and the ugly in US domestic drug policy this year.

Drug overdoses hit a record high in 2022, but may have peaked. (Creative Commons)
1. Overdose Deaths Appear to Have Peaked but Are Still at Horrid Levels

According to Provisional Drug Overdose Death Counts released by the Centers for Disease Control and Prevention (CDC) in December, the nation's fatal drug overdose epidemic has peaked. After reaching a record high of more than 110,000 fatal overdoses in the 12-month period ending in March, that number declined to 107,735 in the 12-month period ending in July, the last month for which data is available. That is a two percent decline from the March high.

While the decline is welcome, drug overdose numbers are still 25 percent higher than they were two years ago and double what they were five years ago. According to the CDC, synthetic opioids, mainly fentanyl, were implicated in more than two-thirds of overdose deaths and stimulants such as methamphetamine and cocaine were involved in nearly one-third. But some fraction of stimulant-implicated overdose deaths are not caused by the stimulants themselves but by stimulant users being exposed to drugs cut with fentanyl.

2. Neither Marijuana Legalization nor Banking Access Pass Congress

Senate Majority Leader Chuck Schumer (D-NY) vowed to make passage of a marijuana legalization bill a priority in this Congress, but it didn't happen. While the House passed a legalization bill, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 3617) in April, Schumer and congressional allies didn't even roll out a draft version of their Cannabis Administration and Opportunity Act until this July -- 18 months after this Congress began -- and it never exhibited enough bipartisan support to go anywhere in the evenly divided Senate.

Schumer and his Senate allies also repeatedly blocked efforts to get a bill to allow state-legal marijuana businesses access to financial services through the Senate. The Secure and Fair Enforcement (SAFE) Banking Act (HR 1996) passed the House in April, and Senate allies tried repeatedly to attach it as an amendment to various spending bills, only to be stymied by Schumer and his holdouts for full-blown legalization. At year's end, though, while Schumer was finally ready to move forward with it, Senate Minority Leader Mitch McConnell (R-KY) came out in opposition, helping to scuttle one last effort to tie it to a defense appropriations bill.

3. With Biden's Signature, A Standalone Marijuana Reform Bill Becomes Law for The First Time Ever

For the first time ever, Congress passed and in December the president signed into law a stand-alone marijuana reform bill, the bipartisan Medical Marijuana and Cannabidiol Research Expansion Act (HR 8454). Some marijuana reform measures have been passed before, but only as part of much broader appropriations bills. The aim of the bill is to facilitate research on marijuana and its potential health benefits. The bill will accomplish this by streamlining the application process for scientific marijuana studies and removing existing barriers for research by allowing both private companies and research universities to seek DEA licenses to grow their own marijuana for research purposes.

4. Three More States Legalize Marijuana

In May, Rhode Island became the 19th state to legalize marijuana when the General Assembly passed and Gov. Dan McKee signed into law the Rhode Island Cannabis Act. Sales to any adult over 21 at medical marijuana dispensaries that acquired "hybrid retail licenses" began in December.

And in November, voters in Maryland and Missouri approved marijuana legalization initiatives. Maryland's Question 4 came not from the people but from the legislature and amends the state constitution and mandates that the General Assembly "shall provide for the use, distribution, possession, regulation and taxation of cannabis within the state." Missouri's Amendment 3 overcame multi-sided opposition not only from the usual suspects in law enforcement and the political establishment but also from civil rights groups and marijuana industry insiders to eke out a narrow victory. As of December 8, possession of up to three ounces by adults is no longer a crime, but sales to adults will not begin until next year.

But there were also losses at the ballot box this year. The Arkansas Adult Use Cannabis Amendment garnered only 43.8 percent of the vote, while North Dakota's Initiated Statutory Measure No. 1 managed only 45.1 percent, and South Dakota's Initiated Measure 27 came up short with only 46.6 percent of the vote. The South Dakota defeat was especially bitter, given that just two years ago, voters there approved a broader marijuana legalization initiative with 54 percent of the vote only to see it invalidated by the state Supreme Court.

5. The Year of Fentanyl Test Strip Decriminalization

Fentanyl test strips, which detect the presence of the powerful synthetic opioid in all different kinds of drugs (cocaine, heroin, methamphetamine, etc.) and formulations (pills, powders, and injectables) are recognized by the Centers for Disease Control and Prevention as a valuable harm reduction strategy and are increasingly seen by the states as a crucial tool in the fight to reduce drug overdose deaths. When the Biden White House first endorsed their use in 2021, they were considered illegal drug paraphernalia in a majority of states.

Not anymore. As of the end of 2022, 31 states have now legalized or decriminalized fentanyl test strips, with Alabama, Georgia, New Mexico, Tennessee, and Wisconsin doing so this year alone. But that leaves 19 states, mostly in the South and including Florida and Texas where they remain banned.

6. Colorado Becomes Second State to Approve Natural Psychedelic Reforms

Three years after voters in Denver opened the door to psychedelic reform by approving a municipal initiative that made possession of psilocybin mushrooms the lowest law enforcement priority, voters statewide have approved an initiative that decriminalizes plant- and fungi-derived psychedelics and creates a program for the therapeutic administration of such substances. On Election Day, voters approved Proposition 122, the Natural Medicine Health Act, with 53.55 percent of the vote. The victory makes Colorado the second state to enact reforms decriminalizing a natural psychedelic and setting up a program for therapeutic use. Oregon voters led the way on that by approving Measure 109 in 2020.

Proposition 122 has two main prongs: First, it decriminalizes the personal use, possession, and cultivation by people 21 and over of dimethyltryptamine (DMT), ibogaine, mescaline (not derived from peyote), psilocybin, and psilocyn, as well as providing for the sealing of conviction records of people who have completed sentences for the use or possession of those substances. The measure sets no personal possession limits. Second, it creates a "natural medicine services" program for the therapeutic administration of the specified psychedelics and creates a rubric for regulated growth, distribution, and sales of those substances to entities within the program. Only psilocybin and psilocin would be okayed for therapeutic use until 2026. Then regulators could decide on whether to allow the therapeutic use of DMT, ibogaine, and mescaline.

7. Marijuana Social Consumption Lounges Spread

Ever since the first states legalized marijuana a decade ago, one question for users was where to go to smoke their newly legal product. Most states ban smoking outdoors in public or indoors pretty much anywhere except one's home -- and even that can be an issue if your landlord isn't down with it. One solution is allowing places for marijuana users to toke up in a convivial setting, the marijuana social consumption lounge, whether as part of a retail shop or as a standalone business.

Social consumption lounges are now legal in 11 states -- Alaska, California, Colorado, Illinois, Massachusetts, Michigan, Missouri, New Jersey, New Mexico, New York, and Nevada -- although they are not actually up and running yet in some of them. Massachusetts has two lounges now operating; in New Jersey, regulators just approved rules for them; in Nevada, regulators just issued 20 provisional licenses; in New York, they're still waiting for regulators to act; and in California, the state's dozen or so lounges are set to double in number as more localities okay them. Meanwhile, the nation's capital could be next: In the District of Columbia, the city council just approved a bill allowing them.

8. Safe Injection Sites Are Operating in the United States

Safe injection sites, the harm reduction intervention proven to save lives after years of operation in more than a hundred cities in Australia, Canada, and Europe, are finally getting a toehold in the US. New York City's two safe injection sites have just celebrated their first birthdays after opening in late 2021, and in Rhode Island, a two-year pilot program is underway.

But there will be no safe injection sites in California after Gov. Gavin Newsom (D) vetoed a bill that would have allowed pilot programs in major cities across the state. And the fate of a proposed Philadelphia safe injection site -- and the Biden administration's attitude toward them -- remains in doubt. That facility was initially blocked by the Trump Justice Department, and two years later, the Biden Justice Department has yet to substantively respond to lawsuit from the site's would-be operators. Just this month, a federal judge gave DOJ just 30 more days to respond. A positive response would remove the obstacle to further expansion of such sites that fear of federal prosecution brings. Meanwhile, the Congressional Research Service has thoughtfully released a report about other options for getting them up and running, such as passing budget amendments similar to those blocking the Justice Department from interfering in marijuana laws.

9. In DC and New York City, Gray Market Weed Finds a Way

In both the nation's capital and the nation's largest city, unregulated marijuana vendors have popped up to supply pent up demand as both cities endure legalization without legal marijuana sales. In New York City, it's only a matter of time before taxed, licensed, and regulators marijuana retailers are able to open, but in the interregnum between legalization and legal access, the pot scene has gone hog wild with marijuana being sold everywhere -- head shops, bodegas, even from folding tables on street corners -- with one particularly hysterical estimate putting the number at "likely tens of thousands of illicit cannabis businesses." The market isn't waiting for the regulators, and its emergence could undercut the legal businesses waiting in the wings. The city has undertaken limited enforcement efforts, but to little effect so far.

In Washington, DC, a congressional rider barring taxed and regulated marijuana sales has seen something similar, but with a DC twist: a multitude of shops that will "gift" you marijuana when you purchase some other item. The stores call themselves I-71 shops, after the 2014 initiative that legalized marijuana in the city and they even have their own industry association, which estimates there are a hundred or so of them. The city vowed a crackdown in August, but put that on hold the following month.

10. For the First Time, SAMSHA Funds Harm Reduction

In December 2021, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced that it would for the first time ever make grants available to harm reduction groups to "help increase access to a range of community harm reduction services and support harm reduction service providers as they work to help prevent overdose deaths and reduce health risks often associated with drug use." SAMSHA would make available $10 million a year in grants for the next three years.

And this year, the first tranche went out. Some 25 different programs from the Lost Dreams Awakening Center in New Kensington, Pennsylvania, to the Mile High Council on Alcoholism and Drug Abuse in Denver, to the Los Angeles County Health Department got grants this year, almost all of them for $398,960. It's a drop in the bucket compared to federal spending on prohibition -- and compared to harm reduction's full funding needs -- but it's a start.

Colombia President's Drug War Heterodoxy Draws Critics, Belgian Drug Trafficker Threats, More... (9/27/22)

Singapore arrests its citizens for doing drugs outside the country, Colombian President Petro's frank talk about the need for a new model drug policy is activating critics, and more.

Cocaine prohibiion is getting some renewed attention these days. (Pixabay)
Foreign Policy

Pair of GOP Senators Question Colombian President's Commitment to Cooperating with US on Drugs. Senators Charles Grassley (R-IA) and Marco Rubio (R-FL) have sent a letter to Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONCDP -- the drug czar's office), expressing their concerns with Colombian President Gustavo Petro's drug policy changes and intentions to modify extradition policy with the United States. They are upset that Petro has initiated peace talks with the National Liberation Army (ELN), which they specify is "a left-wing Foreign Terrorist Organization" and that he has resumed diplomatic relations with neighboring Venezuela, or "the Maduro narco-regime," as they put it.

"Petro's favorable actions toward actors working closely with drug traffickers in our hemisphere call into question the Colombian president's commitment to cooperating with the United States to prevent the flow of drugs crossing our border," they charged. They also took issue with Petro's proposal to limit extradition to people who refused to cooperate with the Colombian state, saying it "incentivizes criminals to avoid extradition by bribing or coercing the sitting political regime."

The Colombian president has vocally called for an end to the US's current drug policy in Colombia and his government is considering -- but has not yet enacted -- significant drug policy reforms, such as decriminalizing small-scale coca production.

Colombia Ex-President Warns Petro's Call to Change Course in Drug War Could Make Country a "Narco-State." Ivan Duque, the rightist predecessor to current Colombian President Gustavo Petro, has warned that Petro's call to make a radical change in the war on drugs could turn the country into a "narco-state" that could threaten the security of the US and other countries in the region.

"Now, what worries me is that there is now the possibility of getting into the permission, or the legalization of cocaine and consumption," said Duque. "I think that it will be very bad for Colombia and that will be very bad for the countries in the hemisphere, and I think that could generate also a major security threat to the United States. So by no means I'm in favor of the legalization of the cocaine trade… But I also have to say it, Colombia cannot turn into a narco state. I think the world now has unified in the concept of prohibition, and I think if just one country, let's say Colombia, decides to legalize cocaine, it'll turn itself into a narco state."

The Petro government has so far rejected cocaine legalization, but it is considering the decriminalization of small-scale peasant coca cultivation.

International

Belgian Prime Minister Condemns Threats Against Justice Minister from Drug Traffickers. Belgian Prime Minister Alexander De Croo on Saturday condemned serious threats against the country's justice minister as "totally unacceptable" after a car containing firearms was found near his home. Belgian media says the threats could involve kidnapping by drug traffickers, who have been angered by a recent ramping up of Belgian enforcement activity after an unprecedented flare-up of violence among traffickers this summer. Belgium and the neighboring Netherlands are the main European hubs for cocaine trafficking, with 90 tons of the drug being seized in the Belgian port of Antwerp last year.

Singapore Arrests Citizens for Using Drugs in Other Countries. The city-state's Central Narcotics Bureau announced Saturday that authorities had arrested 41 citizens so far this year for using drugs outside the country. Under Singaporean law, citizens who use drugs outside the country face the same punishment as those caught using drugs inside the country. A first offense can garner up to 10 years in prison, but most people charged with the crime are sent to rehabilitation if there are no other charges against them. The policy is in line with the city-state's draconian drug policies, which include the death penalty for trafficking as little as 15 grams of heroin or 500 grams of marijuana.

RI Marijuana Legalization Push Hits Bump, UN Warns Pandemic Could Propel Drug Use, Cultivation, More... (6/25/21)

There's progress on medical marijuana this week in the South, a key Rhode Island lawmaker slams the brakes on a marijuana legalization push, and more.

The coronavirus pandemic could propel new cultivation of illegal drug crops, the UNODC reports. (dea.gov)
Marijuana Policy

Rhode Island Key Lawmakers Slams Brakes on Legalization Effort. On the day after the state Senate passed a marijuana legalization bill, an amended version of Senate Bill 568, House Speaker K. Joseph Shekarchi (D-Warwick) signaled he was in no hurry to finish the job. He said the state could afford to wait to legalize it while authorities consider diverging proposals, that a proper regulatory structure needed to be created, and that he wanted to ensure that the state gets adequate revenues from legalization. "If we're going to legalize recreational use of marijuana, we want to make sure that the state gets its fair share," he said. He said he had seen "six or seven legitimate proposals" for marijuana legalization that are "very divergent." But the Senate has only passed the one.

Medical Marijuana

Alabama Governor Signs Medical Marijuana Bill into Law. Governor Kay Ivey (R) has signed into law a medical marijuana bill, Senate Bill 46. The new law allows people suffering from a specified list of medical conditions to use medical marijuana with a physician's recommendations. The state had enacted a law allowing for the use of CBD in 2014 and broadened that law in 2016, but now has enacted a full-fledged medical marijuana law. But patients will not be allowed to use smokable marijuana nor grow their own. Instead, 12 commercial growers and 12 dispensaries will be authorized to cultivate and distribute medical marijuana. The system is expected to be up and running by the fall of 2022.

Louisiana Governor Signs Bill Allowing Smokable Medical Marijuana. Governor John Bel Edwards (D) has signed into law House Bill 391, which will allow patients to use smokable medical marijuana. The bill passed non-controversially, and its sponsor, Rep. Tanner Magee (D-Houma) said its purposes was to drive down costs and respond to popular demand. "Having the raw form of it, which the public has shown they really want, will allow them to drive down their costs so they can pass on to the consumer and have a real alternative to opioids," Magee said. Smokable medical marijuana will not be available for purchase until January because of time lags with the two state universities who are currently the only institutions authorized to produce medical marijuana.

International

UNODC Releases Annual Report, Warns That Fallout from Pandemic Could Last for Years. The UN Office on Drugs and Crime (UNODC) released the 2021 World Drug Report Thursday and warned that the coronavirus pandemic is propelling more people into drug use, has caused drug trafficking groups to adapt to changed conditions, and sowed economic hardship that could lead to increased cultivation of illicit drug crops. "[D]rug markets have swiftly resumed operations after the initial disruption at the onset of the pandemic; a burst that has triggered or accelerated certain pre-existing trafficking dynamics across the global drug market," UNODC said. "Among these are: increasingly larger shipments of illicit drugs, a rise in the frequency of overland and water-way routes used for trafficking, greater use of private planes for the purpose of drug trafficking, and an upsurge in the use of contactless methods to deliver drugs to end-consumers. The resilience of drug markets during the pandemic has demonstrated once again traffickers' ability to adapt quickly to changed environments and circumstances." On the potential increase in drug crops, UNODC said: "While the impact of COVID-19 on drug challenges is not yet fully known, the analysis suggests that the pandemic has brought increasing economic hardship that is likely to make illicit drug cultivation more appealing to fragile rural communities. The social impact of the pandemic -- driving a rise in inequality, poverty, and mental health conditions particularly among already vulnerable populations -- represent factors that could push more people into drug use."

UN For First Time Engages with Marijuana Regulations. In the 2021 World Drug Report released Thursday, the UN Office on Drugs and Crime called for a global ban on marijuana advertising, saying "a comprehensive ban on advertising, promoting and sponsoring cannabis would ensure that public health interests prevail over business interests." While the call is in line with the UN's long-standing opposition to marijuana legalization, it also marks the first time the anti-drug agency has engaged with the notion of regulating -- not merely prohibiting -- marijuana use and production.

NY Syringe Legalization Passes Senate, Portugal Ponders Marijuana Legalization, More... (6/10/21)

Marijuana legalization bills in Delaware and Rhode Island get delayed, Morocco's parliament has approved the legalization of hemp and medical marijuana, and more.

Even though coca planting in Colombia was down last year, cocaine production was up, UNODC says. (Creative Commons)
Marijuana Policy

Federal Bill to Let Researchers Study Marijuana from Dispensaries Wins Committee Vote. Tucked inside an omnibus transit bill is a provision that would let researchers study marijuana from state-legal marijuana shops instead of relying on marijuana from the only currently federally authorized source. That bill and its marijuana research provision passed the House Transportation and Infrastructure Committee this week and now heads for a House floor vote.

Delaware Marijuana Legalization Vote Delayed. The House was set to vote on a marijuana legalization bill, House Bill 150, Thursday, but that didn't happen. Bill sponsor Rep. Edward Osienski (D) said lawmakers needed more time to consider proposed changes in the bills. "House Bill 150 is an extremely important piece of legislation with many complicated moving parts," he said. "In recent days, a number of amendments have been filed by myself and other legislators that would make significant changes to the bill as written. Accordingly, my colleagues and I need time to consider the implications of these various amendments before bringing the bill to the House floor for a vote."

Rhode Island House Speaker Says Marijuana Legalization Bill Could Be Taken Up in Summer or Fall. Marijuana legalization won't be taken up during the remaining days of the regular legislative session, House Speaker Joseph Shekarchi (D) said. "Marijuana legalization will not be decided until after the budget is adopted this month," Shekarchi said Wednesday. "It is possible we will return sometime in the summer or fall."

Harm Reduction

New York Senate Approves Bill Decriminalizing Needle Possession. The state Senate this week approved Senate Bill 2523, which would decriminalize the sale and possession of needles for injecting drugs. The bill now goes to the Assembly, where it is expected to pass.

International

Colombia Coca Planting Shrank Last Year but Cocaine Output Increased, UNODC Says. The UN Office of Drugs and Crime (UNODC) says in a new report that Colombia managed to reduce the area of coca planting by 7% in 2020, but that the potential production of cocaine derived from coca grew by 8%. That means the country produced more than 1,228 metric tons of cocaine last year. UNODC said the increase in production despite the decrease in cultivation was because farmers are sowing more productive varieties of coca, using more efficient agricultural techniques, and planting multiple crops in the same year.

Morocco Parliament Approves Hemp, Medical Marijuana Legalization -- But Not Recreational Marijuana. The upper house of Parliament has approved a bill to legalize the cultivation and sale of cannabis for industrial and medicinal purposes, but as Interior Minister Abdeluafi Laftit said, "the illegal use and consumption of marijuana is still prohibited in the country." The bill has already passed the lower house.

Portuguese Parliament to Debate Proposed Marijuana Legalization Bills. Portugal decriminalized drug possession two decades ago, but has never gotten around to legalizing marijuana. That could be about to change. Parliament will meet soon to debate two draft laws that would legalize marijuana.

Biden's Drug Policy Priorities Are a Small Step in the Right Direction, But Old Attitudes Linger [FEATURE]

On April 1, the Biden administration gave us the first big hint of what its drug policy will look like as it released the congressionally-mandated Statement of Drug Policy Priorities for Year One. The result is a definite mixed bag: a heavy dose of drug prevention, treatment, and recovery, along with an acknowledgement of harm reduction and a nod in the direction of racially-sensitive criminal justice reform, but also a reflexive reliance on prohibitionist drug war policies both at home and abroad.

And nothing about the most widely used illicit drug by far: marijuana. The word "marijuana" appears not once in the heavily annotated 11-page document, and the word "cannabis" only once, in the title of an academic research paper about the onset of teen drug use in the footnotes. That's perhaps not so surprising, given that, in response to a reporter's question, Vice President Harris said last week the administration was too busy dealing with other crises to worry about making good its campaign pledges about marijuana reform.

What is on the administration's mind is "the overdose and addiction crisis." Citing ever-increasing drug overdose deaths, the statement says "addressing the overdose and addiction epidemic is an urgent priority for [the] administration." But the solution is not to imprison drug users, with the statement noting that "President Biden has also said that people should not be incarcerated for drug use but should be offered treatment instead." (Underlying that seemingly humane approach is the errant presumption that all or most drug users are addicts in need of treatment when, depending on the drug, only between one in five and one in 10 drug users fit that dependent or problematic drug user description.)

Here are the Biden administration's drug policy priorities, all of which are gone into in detail in the statement:

  • Expanding access to evidence-based treatment;
  • Advancing racial equity issues in our approach to drug policy;
  • Enhancing evidence-based harm reduction efforts;
  • Supporting evidence-based prevention efforts to reduce youth substance use;
  • Reducing the supply of illicit substances;
  • Advancing recovery-ready workplaces and expanding the addiction workforce; and
  • Expanding access to recovery support services.

Prioritizing treatment, prevention, and recovery is bound to be music to the ears of advocacy groups such as Faces and Voices in Recovery (FAVOR), whose own federal policy and advocacy priorities, while focusing on specific legislation, lean in the same direction. But the group also advocates for harm reduction practices the administration omits, particularly supervised consumption sites. FAVOR noted the administration's statement without comment.

As with the failure to even mention marijuana, the Biden administration's failure to include supervised consumption sites in its embrace of harm reduction -- it is wholeheartedly behind needle exchanges, for example -- is another indication that the administration is in no hurry no rush down a progressive drug reform path. And its prioritizing of supply reduction implies continued drug war in Latin America ("working with key partners like Mexico and Colombia") and at home, via support of High Intensity Drug Trafficking Areas (HIDTA) and "multi-jurisdictional task forces and other law enforcement efforts to disrupt and dismantle transnational drug trafficking and money laundering organizations." Prohibition is a hard drug to kick.

Still, naming advancing racial equity issues as a key priority is evidence that the Biden administration is serious about getting at some of the most perverse and corrosive outcomes of the war on drugs and is in line with its broader push for racial justice, as exemplified by Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government," issued on Biden's first day in office. And it is in this context that criminal justice system reform gets prioritized, although somewhat vaguely, with the promise of the creation of an "interagency working group to agree on specific policy priorities for criminal justice reform."

The Drug Policy Alliance (DPA) has some specific policy priorities for criminal justice reform, too, and they go far beyond where the administration is at. In its 2020 Roadmap for the incoming administration released in November, the group calls for federal marijuana legalization, drug decriminalization, and a slew of other criminal justice and policing reforms ranging from ending mandatory minimum sentencing and the deportation of non-citizens for drug possession to barring no-knock police raids, ending the transfer of military surplus equipment for counter-narcotics law enforcement, and dismantling the DEA. And the federal government should get out of the way of supervised consumption sites, or in DPA's politically attuned language "overdose prevention centers."

"We're glad the administration is taking important steps to address the overdose crisis -- by increasing access and funding to harm reduction services and reducing barriers to life-saving medications -- especially as people are dying at an alarming rate. We also appreciate their commitment to studying how to advance racial equity in our drug policies and best implement innovative practices on the ground. But it's clearly not enough. We need action," DPA Director of the Office of National Affairs Maritza Perez said in a statement responding to the administration's statement. "Black, Latinx and Indigenous people continue to lose their lives at the hands of law enforcement in the name of the drug war, and yet, the administration has chosen to prioritize increased funding for law enforcement. We need supervised consumption sites, not more money for police."

"And while we commend the Administration for taking steps to reduce employment discrimination, unless we address the biggest barrier for people trying to get a job -- past drug convictions and arrests -- we will still be left with significant inequities and racial disparities in the workplace," Perez continued. "It's time we get serious about saving lives and repairing the damage that has been caused by the drug war, particularly on Black, Latinx and Indigenous communities. We can start by passing federal marijuana reform and ending the criminalization of people for drugs in all forms."

Young drug reformers also had a few bones to pick with the administration's priorities. In their own statement in response to the administration, Students for Sensible Drug Policy applauded priorities such as more access to treatment and more research on racial equity, it complained that the administration priorities "fail to provide adequate support to Young People Who Use Drugs (YPWUD) in this country" -- especially those who use drugs non-problematically.

"There are no steps being taken to support YPWUD that do not want to and will not stop using drugs," SSDP said. "Young people have feared and faced the consequences of punitive drug policies and shouldered the burden of caring for their peers who use drugs for far too long. Young leaders calling for drug policy reform recognize that simply using drugs is not problematic and that we can support the safe and prosperous futures of People Who Use Drugs (PWUD) without forcing them to stop as a pre-condition for compassion, care, and opportunity."

Although only time will tell, for drug reformers, the Biden administration is looking like a step in the right direction, but only a step, and its policy prescriptions are limited by a vision of drug use rooted in the last century. Perhaps they can be pressured and prodded to plot a more progressive drug policy path.

NM Legalizes Marijuana, Criminal Justice Reformer Named DEA Chief, More... (4/13/21)

A simple policy change causes a massive drop in pot arrests in San Antonio, the Maryland legislature has approved the legalization of drug paraphernalia, Vancouver sets proposed drug decriminalization quantities, and more.

New Mexico becomes the latest state to legalize marijuana, and the third in the past few weeks. (Creative Commons)
Marijuana Policy

Minnesota Marijuana Legalization Bill Advances Again. A marijuana legalization bill, House File 600, passed a fifth House committee Monday. The bill was approved by the House Environment and Natural Resources Finance and Policy Committee on an 11-7 vote. It now heads to the House Judiciary Finance and Civil Law Committee, which is scheduled to take up the measure on Wednesday.

New Mexico Legalizes Marijuana. With the signature Monday of Gov. Michelle Lujan Grisham (D) on a marijuana legalization bill, House Bill 2, New Mexico has legalized marijuana, becoming the 17th state to do so, the third to do so in the past few weeks, along with New York and Virginia, and the seventh to do since last November's elections.

San Antonio Pot Prosecutions Down 99% Since 2018. Under a cite and release policy instituted by Bexar County District Attorney Joe Gonzales (D), the number of people arrested for marijuana possession has dropped dramatically. In 2018, the DA's office prosecuted 4,515 misdemeanor marijuana possession cases, but in 2020, that number had dropped to 15. That's a 99.6% decrease.

Drug Policy

Biden Names Criminal Justice Reform Advocate Anne Milgram to Head DEA. President Joe Biden (D) has selected former New Jersey attorney general Anne Milgram, a longtime criminal justice system reform advocate, to head the Drug Enforcement Administration (DEA), the White House said Monday. The agency has been without a Senate-confirmed leader since the Obama administration.

Maryland Legislature Approves Bill to Legalize Drug Paraphernalia. The General Assembly on Monday approved a bill to legalize the possession of drug paraphernalia, Senate Bill 420. The bill has already passed the Senate, so it now heads to the desk of Gov. Larry Hogan (R). The House passed the bill by a veto-proof margin, but the Senate tally was one short of the number needed to override a veto.

Sentencing

California Bill to End Mandatory Minimums for Drug Offenses Passes Senate. A bill that seeks to end mandatory minimum sentences for nonviolent drug offenders, Senate Bill 73, passed the Senate Monday on a 25-10 vote. The bill now heads to the California State Assembly.

International

Vancouver Outlines Personal Possession Amounts for Drug Decriminalization Proposal. As part of its application to Health Canada for a federal exemption from federal drug laws to decriminalize drug possession in the city, Vancouver has outlined its recommendations for what amounts should be decriminalized. The city is recommending the decriminalization of one gram or 10 rocks for crack cocaine, 1.5 grams for amphetamines, two grams for opioids such as heroin and fentanyl, and three grams for cocaine. Mayor Kennedy Stewart said Monday the goal is remove criminal penalties and reduce stigma by focusing on a health-centered approach.

Fed Bill Would Protect Immigrants With Marijuana Records, ME Drug Reform Push, More... (3/9/21)

The South Dakota Senate throws the governor a curve ball, New Jersey lawmakers are considering lessening the penalties for home marijuana grows -- but not legalizing them -- and more.

A Maine bill would remove criminal penalties for the possession of drug paraphernalia. (Creative Commons)
Marijuana Policy

Marijuana Would Not Count Against Immigrants' 'Good Moral Character' Under New Congressional Bill. Immigrants who admit having used, possessed, or distributed marijuana in the past would no longer be denied US citizenship under a new bill, HR 1614 filed Monday by Rep. Brendan Boyle (D-PA). The bill would address the use of the "good moral character" requirement used to deny citizenship to people with marijuana histories. The bill is before the House Judiciary Committee.

Maryland Poll Has Strong Support for Marijuana Legalization.A Goucher College poll released Tuesday has a full two-thirds of Marylanders supporting marijuana legalization, an all-time high. And for the first time, even 50% of Republicans are in favor. The poll comes as the state legislature takes on the issue.

New Jersey State Senators Are Working on a Home Grow Bill, But Without Home Grows. Marijuana legalization advocate Sen. Nicholas Scutari (D-Linden) and Senate Majority Leader Steve Sweeney (D-West Deptford) are drafting a bill on home grown marijuana, but it looks like the bill won't actually allow home grows, only lessen the penalties for what is currently a 10-to-20-year felony for growing more than 10 plants and five years for growing a smaller number.

Rhode Island Marijuana Legalization Bill Filed. Senate Majority Leader Michael McCaffrey (D-Warwick) and Sen. Joshua Miller (D-Cranston) were set to file a marijuana legalization bill Tuesday, but no details have been released as of press time. Former Gov. Gina Raimundo (D) had called for marijuana legalization, but she is now out of office and serving as secretary of commerce in the Biden administration.

Hemp

Idaho House Approves Hemp Bill. The House on Monday overwhelmingly approved a bill to legalize hemp production in the state, HB 126. The bill now goes to the Senate. Idaho is the only state that has yet to legalize industrial hemp production.

Medical Marijuana

South Dakota Senate Agrees to Medical Marijuana Program Delay, But Only with Decriminalization Now. The Senate approved a House bill to delay implementation of the state's voter-approved medical marijuana program, HB 1100, but only after dramatically amending it to include the immediate decriminalization of up to an ounce of marijuana and repeal of the state's unique felony drug ingestion law. Now, the House and Senate have to try to come to an accord over the bill, most likely in conference committee.

Drug Policy

Maine Lawmakers Aim to Decriminalize Drug Possession. Legislators have filed a number of bills this year aimed at undoing the state's hardline drug war approach. One bill, HP 713, would decriminalize drug possession; another, HP 732, would remove penalties for the possession or exchange of drug paraphernalia; while yet another, SP 223, would reform the state's drug sales law so that people could not be charged with distribution basely solely on the amount of drugs seized.

Drug War Issues

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