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

The Seattle city council voted to criminalize public drug use, the Czech drug czar suggests legalizing cocaine, and more. 

Drug Policy

DHS Rolls Out Strategy for Combatting Illicit Opioids. The Department of Homeland Security on Tuesday rolled out its plan to combat illicit opioids, releasing its Strategy for Combatting Illicit Opioids.

"Our nation continues to face an unprecedented epidemic of deaths from illicit synthetic opioids -- our citizens are dying every year at an unimaginable rate," said Homeland Security Investigations (HSI) Executive Associate Director Katrina W. Berger. "This is a bold and innovative strategy to stem the flow of dangerous narcotics and directly addresses the public health emergency this opioid crisis has become.

The "bold and innovative strategy" is heavy on law enforcement, which is no surprise for a law enforcement agency. Primary elements of the strategy include reducing the international supply of opioids, reducing the supply of opioids in the US, targeting "enablers" of drug trafficking organization, and working with private sector actors to better block drugs from entering the country.

The agency said it hopes to work with international partners to reduce the illicit importation of drugs into the country and that it will increase the number of HIS task forces targeting drug traffickers.

Seattle City Council Approves Ordinance Criminalizing Drug Posssession and Public Drug Use. The city council on Tuesday approved its own municipal version of the state's law barring public drug use, CB 120645. The measure creates the crimes of knowing possession of a controlled substance and use of a controlled substance in a public place.

A 2021 state Supreme Court decision threw out the state's felony drug possession law, but the legislature this year approved a bill making public drug use and possession a gross misdemeanor, allowing city attorneys to prosecute the drug charges. City Attorney Ann Davison proposed a bill for the city to confirm with state law, but the city council rejected that in June.

Mayor Bruce Harrell then formed a task force to draft a new proposal, which is what the city council approved this week. But the vote was not unanimous, with Councilmember Teresa Mosqueda voting no because it did not pay enough attention to diversion efforts.

"I want people to get access to public health services just as much as the people who testified in support of this legislation say they want," Mosqueda said. "But that is not what this legislation does. And without the funding that is purported to come with this bill, we have no assurances that there will be alternative structures and programs and diversion strategies to prevent people from going to jail. We do not have to pass this legislation."

International

UN Human Rights Office Report Calls for Shift from Punitive Drug Policies. A UN human rights report released Tuesday calls for a shift from punitive measures to address the global drugs problem to the use of policies grounded in human rights and public health, arguing that disproportionate use of criminal penalties is causing harm.

The report urges states to develop effective drug policies, including by considering decriminalization of drug possession for personal use. "If effectively designed and implemented, decriminalization can be a powerful instrument to ensure that the rights of people who use drugs are protected," it says.

"Laws, policies and practices deployed to address drug use must not end up exacerbating human suffering. The drugs problem remains very concerning, but treating people who use drugs as criminals is not the solution," said the UN High Commissioner for Human Rights, Volker Türk.

"States should move away from the current dominant focus on prohibition, repression and punishment, and instead embrace laws, policies and practices anchored in human rights and aimed at harm reduction."

There has also been an increase in the use of the death penalty for drug-related convictions worldwide, contrary to international human rights law norms and standards. The recorded number of people executed for drug-related offences more than doubled in 2022 compared to 2021, amounting to 37 percent of all executions recorded globally, the report states.

"The current overemphasis on coercion and control to counter drugs is fanning an increase in human rights violations despite mounting evidence that decades of criminalization and the so-called war on drugs have neither protected the welfare of people nor deterred drug-related crime," Türk said.

The report shows that an increasing number of countries across regions are adopting policies and practices that decriminalize drug use and treat drug usage as a public health and human rights issue, and applying evidence-based, gender-sensitive and harm reduction approaches. The High Commissioner called on states to build on this positive trend.

Czech Drug Czar Proposes Cocaine Legalization. National anti-drug coordinator Jindrich Voboril has suggested that cocaine could be the next drug, after marijuana, to be handled in a regulated, legal market. He emphasized the importance of tailoring drug policies to the risks of individual substances and argued that cocaine ranks lower in inherent risks than some other illicit substances.

But government officials were not in accord. Deputy Prime Minister Marian Jurečka, who serves as the chairman of the Christian Democrats (KDU-CSL), unequivocally rejected the idea of cocaine liberalization, declaring it unacceptable.

Narcan Maker Blocked OTC Sales to Boost Profits, AZ Weed Workers Strike, More... (9/18/23)

A proposed California initiative would warn fentanyl dealers they could be charged with murder in the event of an overdose death, clashes kill four Colombian soldiers ahead of scheduled peace talks with leftist rebels, and more.

Did profits matter more than lives for Emergent BioSolutions? (Creative Commons)
Marijuana Policy

Arizona Pot Workers On Strike Against Curaleaf. Workers at Curaleaf's Dispensary Midtown in Phoenix voted more than a year ago to unionize and seek a labor agreement with the company, but that has not happened yet. Instead Curaleaf has refused to begin union negotiations and fired worker Christian Tallabas for his union activity, so on Friday the United Food and Commercial Workers Local 99 led a day-long Unfair Labor Practices strike.

"It really grinds my gears how we have corporate from Curaleaf standing right behind this window," said Tallabas at a rally in front of the dispensary. "I personally think it is really disgusting and you should see the look on their faces. "We deserve to know what percentage of our tips we make when our customer service is making this company millions of dollars," he said.

"Not only do we not have a contract despite it being over a year, but there's so many different labor violations already on the books that the National Labor Relations Board has found that Curaleaf is responsible for," said Curaleaf employee Nick Fredrickson.

Joining the UFCW and Curaleaf workers at the rally were representatives of the American Federation of Labor and the Congress of Industrial Organizations.

Opiates and Opioids

California Initiative Would Warn Fentanyl Dealers They Could Be Charged with Murder. Organized by parents who have lost children to drug overdoses, an initiative that would warn fentanyl sellers they could be charged with murder in the event of a fatal overdose has been filed with the state attorney general. Judges would be required to tell people convicted of, or who pleads guilty or no contest to, possession of illicit drugs for sale, this:

"You are hereby advised that it is extremely dangerous and deadly to human life to illicitly manufacture, distribute, sell, furnish, administer, or give away any drugs in any form, including real or counterfeit drugs or pills. You can kill someone by engaging in such conduct. All drugs and counterfeit pills are dangerous to human life. These substances alone, or mixed, kill human beings in very small doses. If you illicitly manufacture, distribute, sell, furnish, administer or give away any real counterfeit drugs or pills, and that conduct results in the death of a human being, you could be charged with homicide, up to and including the crime of murder."

The proposed initiative also includes criminal penalties of 10 to 12 years for a subsequent conviction or guilty plea.

The initiative campaign comes after grieving parents were unable to get a bill to the same effect through the legislature. The bipartisan bill had 41 cosponsors but died in the Senate Public Safety Committee.

"This is a disgusting display of a legislative committee holding hostage 40 million people and their safety and security, all in the name of political, ideological gameplay," fumed Matt Capelouto, who lost a daughter to a fentanyl overdose. "What all of us want here is to protect people from the enduring, the never-ending pain of someone being killed by a drug dealer selling poison. And they won’t do it. They won’t even pass a bill that contains a warning — a freaking warning."

The initiative takes the form of a statutory amendment, which means it will need some 874,641 valid voter signatures within 180 days of the beginning of signature-gathering, or by the first week of July 2024 at the latest.

Harm Reduction

Narcan Maker Blocked OTC Sales for Years in Bid to Boost Profits. Emergent BioSolutions, the manufacturer of the opioid overdose reversal product Narcan, has finally allowed it to be sold over-the-counter (OTC), but only after delaying for five years.

"I’m not sure that OTC is the answer," Daniel J. Abdun-Nabi, then Emergent’s top executive, told investors during a November 2018 earnings call. In December 2018, the company’s then president, Robert Kramer, cautioned "against a rush to an over-the-counter solution for this current crisis," citing concerns about Narcan awareness and insurance coverage.

But the head of the Food & Drug Administration (FDA) said the bottom line was profits. "I think the problem is that the financial model doesn’t appear to be working for the company, so they’re not motivated to do it," FDA head Robert Califf said at a 2022 conference. "We can’t order companies to go over-the-counter."

Emergent only relented late last year after a competitor prepared its own bid for OTC approval of naloxone. That came after Emergent spent years using the courts and regulatory agencies to stop other naloxone products from entering the market. It had also moved to lock up lucrative state contracts, "hindering broader distribution of the antidote while the opioid crisis worsened," the Washington Post reported Monday.

"It’s a strategy that’s cost lives," said Jennifer Plumb, a doctor and Democratic state senator in Salt Lake City who serves as medical director of the Utah naloxone program.

International

Four Colombian Soldiers Killed in Clash with FARC Dissidents Ahead of Peace Talks. Peace talks between the Colombian government and the FARC dissidents known as Estado Mayor Central were set to begin Monday, but their prospects were clouded by a weekend clash that left four soldiers dead.

The Estado Mayor Central broke with the FARC in 2016, when the main body of the leftist guerrilla group signed a peace agreement with the government and has been involved in coca and cocaine trafficking. They had agreed in April to hold talks with the government about a ceasefire.

The soldiers were killed in a clash in Narino, close to the Ecuadorian border and the region of the country with the most coca production. Colombia is the world's largest producer of coca and cocaine. Control over the lucrative drug traffic has fomented conflict in the area for decades, where left-wing guerrillas, right-wing paramilitaries, and apolitical drug cartels spend their time fighting each other and the Colombian state.

SAFE Banking Act Committee Vote Coming Soon, BC Bans Drug Possession Near Parks, Playgrounds, More... (9/15/2023)

Fentanyl in stimulants like meth and cocaine is driving a fourth wave of opioid overdoses, Vancouver's pioneering safe injection site marks 20 years in service, and more.

The InSite safe injection site in Vancouver, which marks 20 years of operation this week. (PCS Community Services Society)
Marijuana Policy

Senate Banking Committee Set to Vote on SAFE Banking Act by Month's End. The Senate Banking Committee is set to vote on the SAFE Banking Act (S.1323) on September 27, "a Senate source familiar with the discussions" told Marijuana Moment Friday.

That source confirmed earlier media reports that the vote was coming. The date is not yet official, so it could change, but the expectation is that it will take place the week of September 25, the source said.

What amendments—if any—will be offered or adopted remains unclear, although there has been talk about revisions to a key section on broad banking regulations, as well as changes concerning Small Business Administration access and stock uplisting for the marijuana industry.

Drug Policy

Fentanyl-Adulterated Meth and Cocaine Is Driving a Fourth Wave of Drug Overdoses. A study published Thursday in the scientific journal Addiction finds that drug overdoses involving both fentanyl and cocaine or methamphetamine have increased 50-fold since 2010, now account for nearly one-third (32 percent) of all fatal overdoses and are responsible for some 35,000 deaths.

"We're now seeing that the use of fentanyl together with stimulants is rapidly becoming the dominant force in the U.S. overdose crisis," said Joseph Friedman, the lead author of the study and a researcher at UCLA's David Geffen School of Medicine. "Fentanyl has ushered in a polysubstance overdose crisis, meaning that people are mixing fentanyl with other drugs, like stimulants, but also countless other synthetic substances."

The authors described the phenomenon as a "fourth wave" of the ongoing opioid crisis that began with the rise in prescription opioids around the turn of the century, followed by the rise of heroin around 2010 as authorities tightened the screws on prescription opioid prescribing and the arrival of fentanyl around 2013.

International

Vancouver's Safe Injection Marks 20 Years in Operation This Week. Vancouver Coastal Health and the PHS Community Services Society, the two groups that run InSite, the city's pioneering safe injection site—the first one in North America—are celebrating 20 years of operation this week. On Friday, they met in front of the East Hastings Street location to commemorate the occasion.

"Insite was a really important step forward in terms of drug policy and harm reduction, and to be here 20 years after we opened, it just feels incredible," said Jeff West, manager of harm reduction for Vancouver Coastal Health. "Not only was Insite important to the community as a safe space, a symbol of a more progressive drug policy, it also is a really important public health intervention," said West.

PHS first set up InSite as an unsanctioned site and only later got permission from Health Canada to operate, but it has been there ever since. And it has done so with the approval of local, provincial, and federal authorities, as well as Vancouver Police and the Coastal Health Authority. It survived a challenge from the Conservative national government of Stephen Harper, which was slapped down by the Supreme Court.

"Insite saves lives. Its benefits have been proven," wrote Chief Justice Beverly McLachlin in her decision.

British Columbia to Ban Drug Use Near Parks and Playgrounds. The province has decriminalized the possession of personal use amounts of illicit drugs in a bid to get a grip on the overdose crisis, but now British Columbia Premier David Eby legislation is being drafted to ban drug use near parks and playgrounds.

The provincial Ministry of Mental Health and Addictions said Thursday that the federal government had approved the changes expanding the are where drug possession remains illegal.

Drug possession was already prohibited on school grounds and at child care facilities, but as of next Monday, it will also be prohibited within 15 meters of playgrounds, water parks, and skate parks.

Public intoxication remains a crime.

"I hope and expect that people, even when struggling with addiction, will understand the importance that we've all got to live in the community together, and if there's a place that's funded and safe and appropriate to use, that you should be going to that health-care site rather than to a site that's used by children," Premier Ebe said.

Mark Haden, an adjunct professor at the University of British Columbia's School of Population and Public Health, said in an interview Thursday that the province is "tweaking" its decriminalization policy "in response to some pushback from mayors who are saying 'this isn't working particularly well for us because it's disempowering the police.'"

Haden said the province's move is not "dealing with the real problem of prohibition." "We have a supply-chain problem that decriminalization isn't resolving," he said. "It's the supply-chain problem that's actually killing people."

Chronicle Book Review: Whiteout

Whiteout: How Racial Capitalism Changed the Color of Opioids in Americaby Helena Hansen, David Herzberg, and Jules Netherland (2023, University of California Press, 369 pp., $29.95 HB)

When the face of opioid addiction turned white, an era that can be marked as beginning with the introduction and mass prescribing of OxyContin in the late 1990s, official attitudes toward drug users shifted away from the punishing and toward the nurturing. They were no longer Black deviant criminals, but now white innocent victims.

Republican lawmakers in statehouses around the country who had built careers as fierce drug warriors now sponsored Good Samaritan bills (so that people overdosing and those seeking to help them did not face drug charges), the availability of medicine-assisted treatment (methadone and buprenorphine) spread—and went upscale, with bupe acting as white people's methadone.

While methadone, associated with the Black and Brown heroin addicts of the 1970s, remains heavily stigmatized, its administration heavily authoritarian, and its dispensing locations almost always deep within poor minority neighborhoods, buprenorphine –a drug for treating white opioid users of the 21st Century—is much more easily accessible, available in doctors' offices instead of grim industrial buildings, but also more expensive, limiting its access for people with little money or insurance.

In Whiteout, an addiction psychiatrist (Hansen), a drug historian (Herzberg), and a policy advocate (Netherland) tease apart the structures of Whiteness (the unspoken ideology of white virtue, purity, and superiority) and demonstrate how racial disparities have been cooked into American drug policies from the beginning—and how not only Black populations but white ones, too, have suffered for it.

In the first great wave of opioid addiction in the late 19th Century, it was middle class white women who suffered the grip of the poppy, and they were largely treated in the doctor's office. As relatively well-off people, they had the ability to access the health care system of the time, to be prescribed the pills they wanted, and to be helped off them if necessary.

Meanwhile, Black Americans more often lacked the money to gain access to the health care system, and once drug prohibition fell into place in the 1910s, they were shunted into the black market, criminalized, and stigmatized. Their neighborhoods became epicenters of the illicit drug trade. Black market drugs in the ghetto, white market drugs at the doctor's office and the drugstore.

But white privilege had its price—a price that hundreds of thousands of white opioid users have paid since the turn of the century as overdose deaths quintupled in 20 years. Affluent white drug consumers would be provided their drugs by a lightly regulated pharmaceutical industry that the authors demonstrate portrayed the users of its products as white people and marketed their products directly at white people. The poster child for this behavior is Purdue Pharma, the manufacturer of OxyContin, which zeroed in on mostly white Appalachia as its force of zealous sales reps went to work. This is the racial capitalism of the title.

Anyone who is uncomfortable with terms like "racial capitalism" is really going to be squirming when Critical Race Theory makes its entrance. Unlike the case with the moral panic around Critical Race Theory in children's schoolbooks (which it isn't), the academic tool is actually applied here and, indeed, is central to the argument the authors make.

It also colors their recommendations for what is to be done. In line with the critique of capitalism, a little more harm reduction here or a little more criminal justice reform there are not going to solve the social problems that give rise to the current opioid crisis. It is going to require real social change, things like universal health care and a real social safety net. And an ongoing interrogation of Whiteness.

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

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

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

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

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

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

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

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

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

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

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

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

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

International

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

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

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

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

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

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

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

DEA Hired "Legacy" Job Applicants Despite Failed Polygraph Tests, DeSantis Rejects Legal Weed, More... (8/28/23)

Republican presidential contenders burnish their anti-drug reform credentials, and more.

There is some tarnish on that DEA badge after a new Justice Department Office of the Inspector General report. (DEA.gov)
Marijuana Policy

DeSantis Doubles Down on Opposition to Marijuana Legalization. Florida Gov. Ron DeSantis, a 2024 Republican presidential contender, reaffirmed his opposition to marijuana legalization as he campaigned in Iowa on Saturday. He argued—contrary to the facts—that legalization has increased the size of the black market in Colorado, the first state to legalize it.

Responding to a question about children experiencing "cannabis inducted psychosis," DeSantis clarified that he "would not legalize" in an echo of earlier comments on the topic. "I think what’s happened is this stuff is very potent now. I think when young people get it, I think it’s a real, real problem, and I think it’s a lot different than stuff that people were using 30, 40 years ago," DeSantis said. "I think when kids get on that, I think it causs a lot of problems and then, of course, you know, they can throw fentanyl in any of this stuff now."

While fentanyl has been encountered as a contaminant in various powder drug substances, every case of alleged fentanyl contamination of marijuana has so far been shown to be false. It, too, is a white powder, which could not be easily disguised in marijuana buds.

He also said he would opposed a proposed marijuana legalization initiative poised to make the ballot in Florida. "I would not do that," DeSantis said on Saturday. "And the places that legalized it like Colorado and California, you know, the argument was—and honestly it wasn’t a crazy argument—’Look, we know people are going to use marijuana. It is a drug. If you legalize it, then you can tax it, regulate it, and it’s going to end up being safer for people."But what’s happened in Colorado, the black market for marijuana is bigger and more lucrative than it was before they did the legalization," the governor said. "So the legalization I don’t think has worked."

But one report on the marijuana industry in Colorado found to the contrary that 99 percent of marijuana sales in the state took place within the legal framework.

Foreign Policy

Nikki Haley Calls for Siccing US Special Forces on Mexican Cartels in Mexico..Former UN Ambassador and current Republican presidential contender Nikki Haley has doubled down on earlier calls to use US military forces inside Mexico to go after Mexican drug trafficking organizations.

"When it comes to the cartels, we should treat them like the terrorists that they are," Haley said. "I would send special operations in there and eliminate them just like we eliminated ISIS and make sure that they know there's no place for them. If Mexico won't deal with it, I'll make sure I deal with it," she added.

Mexican President Andres Manuel Lopez Obrador has firmly rejected any use of US military forces inside Mexico.

Haley also took aim at China for its role in the production of fentanyl, saying the US president has to "go to the true source" of the problem. "China knows exactly what they're doing when they're sending that fentanyl across the border. And we need to tell them we will stop all normal trade relations with you until you stop killing Americans," Haley said. "We lost 75,000 Americans last year, and we can't continue to allow that to happen."

Law Enforcement

DEA Hired "Legacy" Job Applicants Despite Failed Lie Detector Tests. According to a new report from the Justice Department's Office of the Inspector General (OIG), the Drug Enforcement Administration (DEA) has hired dozens of job applicants who failed lie detector tests as its polygraph unit faced pressure to approve "legacy" candidates related to senior officials.

Besides favoritism toward friends and family members of DEA officials, the report found that agency bosses ignored admissions of criminal behavior that should have been reported for further investigation, including one case where the applicant "admitted to pedophiliac tendencies" during the lie detector exam.

Also providing evidence about DEA lie detector practices is an agency whistleblower who has filed a federal lawsuit alleging misconduct within the DEA. The whistleblower alleged that when the pedophiliac applicant made his incriminating statements, supervisors pooh-poohed them, saying "there was nothing that could be done" and that the whistleblower "would be liable" for making an anonymous complaint to local law enforcement.

In a letter sent to DEA Administrator Anne Milgram last week, the OIG said it had "identified numerous concerns," including the use of loopholes to avoid complying with a policy enacted in 2019 that specifically bars the agency from hiring applicants who fail a polygraph or show signs of "countermeasures" to cheat the test.

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

US Citizens Dominate Fentanyl Trade, NV Regulators Approve More Social Consumption Lounges, More... (8/24/23)

Maine's congressional delegation is worried about alleged illegal Chinese marijuana grows, US Sentencing Commission statistics show that US citizens--not illegal immigrants--dominate the fentanyl trade, and more.

The US-Mexico border. Fentanyl is coming through ports of entry, not in immigrants' backpacks. (Creative Commons)
Marijuana Policy

Maine Congressional Delegation Asks Attorney General to Shut Down Alleged Chinese Marijuana Grow Operations. Responding to a "federal memo" circulating within the US Border Patrol that alleged there were 270 properties in the state linked to illegal Chinese marijuana grows and that they could generate $4 billion a year in revenue, the Maine congressional delegation on Thursday sent a letter to US Attorney General Merrick Garland (D) urging the Justice Department to shut down the grows

The "federal memo" is questionable. First released by the conservative media source The Daily Caller, the memo (as characterized by the Daily Caller) does not rely on federal statistics but on reports from state and local law enforcement. It also has some funny numbers, including the claim that a plot with 100 plants could generate $5.4 million over three growth cycles in a year. If you crunch the numbers, the comes out to $17,000 per plant per cycle, which would require multi-pound harvests of each plant every four months. Such yields are typically associated with long-growing outdoor plants harvested once a year, not hothouse plants harvested every four months.

Still, the congressional delegation was concerned: "These illegal growing operations are detrimental to Maine businesses that comply with State laws, and we urge the Department of Justice to shut them down," the Maine delegation wrote in Thursday’s joint letter to the nation’s top law enforcement official.

They also sought answers to several questions, including: who produced the memo, what is the Justice Department doing to tackle illegal grows, how are profits returning to the country of origin, and is Justice aware of alleged Chinese ownership.

Nevada Regulators Approve Three More Marijuana Consumption Lounges. The state's Cannabis Control Board on Tuesday approved three more applications for marijuana consumption lounges, raising the number of licenses issued so far to seven. The board approved licenses for Deep Roots Harvest and Global Harmony, which operate Las Vegas pot shops , as well as KV Group in the southern Nevada town Pahrump.

In June, the board issued the first three licenses, for Cheyenne Medical in unincorporated Clark County, Common Sense Botanicals Nevada in Washoe Valley, and Planet 13 in Las Vegas.

The board also loosened air-ventilation standards for consumption lounges, a move that came after operators complained that the large upfront investment  and ongoing energy costs of operating the ventilation systems were economically not feasible for most operators and near impossible for social equity licensees.

Also Tuesday, regulators loosened air-ventilation standards for marijuana consumption, which provided more clarity for operators to move forward with construction plans in one of the nation’s largest tourism markets.

Despite the licensing actions, the only legal consumption lounge currently open in the state is the NuWu Cannabis Marketplace located on tribal land near downtown Las Vegas.

Opiates and Opioids

Despite Widespread Belief That Migrants Are Smuggling Fentanyl from Mexico, Nine Out of Ten Fentanyl Trafficking Busts Are of US Citizens. A recent NPR-Ipsos poll found that 39 percent of Americans and 60 percent of Republicans believe "Most of the fentanyl entering the US is smuggled in by unauthorized migrants crossing the border illegally," but that belief is mistaken.

According to data from the US Sentencing Commission, US citizens accounted for 89 percent of people convicted of fentanyl trafficking, a number 12 times greater that the number of illegal immigrants convicted on those charges.

Similarly, 93 percent of border fentanyl seizures occurred at legal ports of entry or interior vehicle checkpoints, not on illegal migration routes. That elevates the prospect for US citizens—who are subject to less scrutiny—to be successful fentanyl smugglers. Just 0.009 percent of people arrested by the Border Patrol for illegal border crossings were found with any amount of fentanyl.

This is something for policymakers to ponder when attempting to come up with solutions for the fentanyl problem. 

The National Governors Association Weighs in on Fighting Drug Overdoses [FEATURE]

Faced with an ongoing drug overdose epidemic that may have peaked in recent months but is still killing around 100,000 Americans each year, with fentanyl implicated in the great majority of deaths, the nation's governors are moving to get a grip on the problem. On Tuesday, the National Governors Association (NGA) released a roadmap to help support governors and state officials in developing policy solutions to address unprecedented opioid overdose rates. Titled Implementing Best Practices Across the Continuum of Care to Prevent Overdose, the roadmap outlines concrete solutions across the full spectrum of health services, from the foundations, to prevention, harm reduction, treatment, and recovery.

By limiting their policy prescriptions to health services, the governors avoid tackling the prickly politics of drug prohibition and the role it plays in the overdose crisis. The words "legalization" and "decriminalization" do not appear once in the 79-page report. On the other hand, law enforcement is not mentioned as playing a role in addressing the problem, either.

Developed in coordination with the O'Neill Institute at Georgetown University Law Center, the roadmap is based on the contributions of more than 30 subject matter experts and 20 states and territories -- providing governors with specific, actionable recommendations to prevent overdose across five pillars of the Substance Use Disorder Continuum of Care.

This is not the first time the governors have addressed the topic. In fact, this report can be seen as an update to the NGA's 2016 Roadmap, which covered much of the same territory. The latest iteration, however, reflects the evolving nature of the ongoing drug overdose epidemic and includes strategies specific to the rise of illicitly manufactured fentanyl.

The continued attention is needed. From 2019 to 2021, overdose death rates increased in all 50 states; death rates in 40 states increased by more than 25 percent. The national overdose death rate in 2021 reached 32.4 per 100,000 people, compared to 6.1 in 1999. Overdose deaths among adolescents increased 109 percent from 2019 to 2021, despite low youth substance use rates.

For each of the five pillars -- foundations, prevention, harm reduction, treatment, and recovery -- the NGA roadmap makes specific recommendations:

Foundations

  • Establish a state government coordinating body to set a statewide vision for overdose prevention.
  • Invest in state infrastructure to maximize resources.
  • Seek and include the perspectives and leadership of people with a variety of lived experiences.
  • Invest in evaluation and test new ideas. Promote evidence-based requirements for funded prevention initiatives.
  • Nurture and grow a mental health and substance use workforce that reflects the populations served.

Prevention

  • Champion and invest in initiatives that support family cohesion and well-being.
  • Promote evidence-based requirements for funded prevention initiatives.

Harm Reduction

  • Maximize federal resources and braid funding to promote health and reduce harm for people who use drugs.
  • Implement targeted and low-barrier distribution strategies for overdose reversal agents (ORAs) such as naloxone.
  • Champion changes that allow for the distribution of harm reduction tools.

Treatment

  • Implement and invest in policies and programs that expand Medication for Opioid Use Disorder (MOUD) access beyond the office setting.
  • Implement and invest in evidence-based treatment and access models.
  • Maximize federal funding resources for treatment.
  • Assess state-level policies that restrict access.
  • Make all MOUD treatment forms available to those involved in the criminal legal system.

Recovery

  • Foster communities that support recovery.
  • Champion changes to policies to establish recovery residence standards.
  • Invest in small businesses and community-based organizations led by and employing people with lived experience who represent the communities they serve.

The roadmap goes into gritty, granular detail on each of these recommendations and policy-makers and advocates alike would be well advised to dig deeper. Overall, the NGA provides a progressive, evidence-based approach to dealing with drug overdoses. There is much to apply here.

Bill Filed to Prepare Feds for Pot Legalization, Seattle Mayor Unveils New Plan on Open-Air Drug Use, More... (8/1/23)

Another Republican files another border fentanyl bill, Seattle's mayor has a plan to deal with open-air drug use, and more.

As part of a criminal justice reform bill signed into law by Gov. Pritzker (D), Illinois will reduce drug testing of parolees.
Marijuana Policy

Hickenlooper Reintroduces Bill to Prepare Federal Government for Marijuana Legalization. Sen. John Hickenlooper (D-CO) recently reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, a bill that directs the Attorney General to develop a framework for federal cannabis regulation. Though cannabis is currently illegal at the federal level, many states have followed Colorado's safe and legal model. The PREPARE Act establishes a federal commission, modeled after Colorado's regulatory commission, to advise the government on proper safeguards for federal cannabis legalization.

>"Colorado's is the model for a safe, well-regulated marijuana market," said Hickenlooper. "Let's build on that success with federal regulation."

The PREPARE Act-established federal commission would advise on the development of a federal regulatory framework modeled after state cannabis regulations, consider barriers and suggestions for regulating cannabis similar to alcohol, identify ways to remedy the disproportionate impact cannabis prohibition has had on minority, low-income, and veteran communities, and include representatives from relevant federal agencies and offices, individuals nominated by Senate and House leadership, industry representatives, and representatives of state and local governments.

Drug Policy

House Republican Files Bill to Confiscate Cartel Assets, Use Them to Pay for Border Wall. Rep. Randy Feenstra (R-IA) has filed the Build the Wall and Fight Fentanyl Act, which would allow US authorities to seize the assets of Mexican drug cartels and use them to construct a wall at the southern border and to fight fentanyl.

The measure would establish two funds at the Treasury Department, the "Southern Border Wall Fulfillment Fund" and the "Combating the Fentanyl Epidemic Fund." Both funds would be run by the Department of Homeland Security.

"Criminal drug traffickers have smuggled enough fentanyl into our country to kill every man, woman, and child in the United States, and tragically, too many families know the pain of losing a loved one to this deadly crisis. We must fight fire with fire to protect our families, our children, and our communities," Feenstra said in a statement.

According to the DEA, however, the vast majority of drugs smuggled into the US from Mexico go through ports of entry, not unwalled portions of the border.

Seattle Mayor Unveils New Proposal to Fight Open-Air Drug Use. Mayor Bruce Harrell (D) on Monday announced a new plan to cut down on open-air drug use in the city and increase access to addiction treatment. The plan will include guidance to police on when to make an arrest and make drug possession a gross misdemeanor, bringing the city into conformity with state law. The state's drug possession statute had to be redone after the state Supreme Court threw it out in the Blake case in 2021.

"What's the same is it adopts the state law that we call the post-Blake Fix, and under the post-Blake Fix, you may recall, the officers were required to give referrals before arrests were made," said Harrell. "The legislature came out with the fix. That's what's the same, is that we are adopting the state law. What's quite different is we went more specific on what an arrest looks like and what it should not look like. It also brings in the threat of harm standard, which makes it clear, that if people are a threat to others, if they are in an area where people are trying to catch the bus, or where they are trying to shop or bring their kids in a stroller, these areas need to be safe, and it gives us the ability to make arrests when they need to happen," said Mayor Harrell.

The plan also includes $27 million to invest in facilities, treatments and services to address the opioid crisis. The measure needs to be approved by city council members, which Harrell said he is confident will happen and before a two-week break at the end of the month.

Drug Testing

Illinois Governor Signs Bill to Limit Drug Testing of Parolees. Gov. JB Pritzker (D) has signed into law a criminal justice reform bill, Senate Bill 423, that limits drug testing of parolees, among other provisions.

"Today, I will sign legislation that focuses our Mandatory Supervised Release system on creating successful outcomes for those who were formerly incarcerated and improves the safety and peace of our communities," Pritzker said in a statement last Friday. "This legislation supports the reintegration of individuals into the community while lowering the possibility of recidivism, increasing public safety, and lowering taxpayer costs," he added.

CA Initiative Would Have State Fund Psychedelic Research, Fentanyl Bills Pass Senate, More... (7/31/23)

A Georgia prosecutor's bid to seize a landlord's rural trailer beause a tenant got caught with meth gets thrown out of court, Colombia's president proposes buying up the coca crop, and more.

Colombian President Gustavo Petro proposes buying up the coca crop and turning it into fertilizer. (Creative Commons)
Opiates and Opioids

Two Fentanyl Bills Pass Senate as Part of Defense Spending Bill. The Senate approved the must-pass National Defense Authorization Act (S.2226) late last week. Because of its must-pass nature, the bill was loaded with other measures sponsors sought to get through the Congress, including a pair of fentanyl-related bills.

Sponsored by Sen. Rick Scott (R-FL), the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act (S.206) would require the Commissioner of U.S. Customs and Border Protection (CBP) to regularly update its drug interdiction guidance. Currently, many CBP policies that outline drug interdiction practices are outdated and do not provide guidance on how to handle drugs such as fentanyl. Sponsored by Sen. Tim Scott (R-SC), the Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, which would require the President to sanction drug rings involved in international drug trafficking, including suppliers in China and cartels from Mexico.

Psychedelics

California Initiative Would Fund Psychedelic Research to Tune of $5 Billion. A group calling itself TREAT California has filed a proposed initiative for the 2024 ballot that would allocate $5 billion for a new state agency that would fund and promote psychedelic research with an eye toward accelerating the progress toward federal legalization of certain psychedelics, such as psilocybin and ibogaine.

The campaign is not led by magic mushroom fans but by seasoned initiative campaigners. They want to create an agency they are calling the Treatment, Research, Education, Access and Therapies (TREAT) Institute to identify opportunities for advancing science into the therapeutic potential of psychedelics to address serious mental health conditions like depression and addiction.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed constitutional amendment says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

Meanwhile, another initiative campaign already underway seeks to put psilocybin legalization on the 2024 ballot. That campaign recently got approval from the state to begin signature gathering.

Asset Forfeiture

Georgia Prosecutor's Bid to Seize Landlord's Property over Tenant's Drug Possession Rejected. An effort by the Ogeechee Circuit District Attorney's Office to seize the property of a landlord because of her tenant's arrest for drugs has gone up in flames. The tenant of a trailer and utility shed on a small rural property had been arrested on methamphetamine possession charges in January but has never been indicted or even had her case appear before a grand jury.

But prosecutors moved to seize the property through civil asset forfeiture even though the woman arrested was not the property owner. District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord responded that she was not privy to the criminal conduct, did not consent to the criminal conduct, did not know of the criminal conduct, could not have reasonably known that criminal conduct was going to occur, and thus the property should not be forfeited. The judge in the case agreed.

"No evidence was adduced at trial that Walker was privy to Keaveny's criminal conduct, consented to or had any knowledge of criminal conduct, had any reason to believe it would or was occurring, or derived any financial benefit from the conduct," Judge Roland Thompson wrote, dismissing the seizure request.

International

Colombia President Proposes Buying up Coca Crop to Use for Industrial Purposes. With the country's rural coca economy in crisis because of years of overproduction, President Gustavo Petro has proposed buying up the crop and using it to make fertilizer. He also called for strategies to boost infrastructure development for the project.

"And that is done with research and technology and the form has already been invented. The Government proposes at the national level in the regions with the highest production of coca leaf used in another way, to set up factories to buy that coca leaf and turn it into carbonless fertilizer, decarbonized fertilizer, or if we want another word, 'biofertilizers,' Petro said. "So, I propose to SENA [the National Training Institute] to see if with the Government we can put these industrial complexes of cooperatives, indigenous peoples and neighbors, in order to use the coca leaf in a different way, which is to produce fertilizer for food in Colombia, zero carbon. That is, in the conditions that are needed in the 21st Century," he added.

Drug War Issues

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