Breaking News:Dangerous Delays: What Washington State (Re)Teaches Us About Cash and Cannabis Store Robberies [REPORT]

Fentanyl

RSS Feed for this category

What's Killing Us: The Ten Drugs Most Implicated in Overdose Deaths [FEATURE]

While there are signs that the country's drug overdose crisis may have plateaued, the number of people dying from drug overdoses continues to be unconscionably high. Shockingly, the number of overdose deaths has increased tenfold since 1980 when there were only 6,000 nationwide and nearly doubled just in the past decade to more than 72,000 last year.

The number of drug overdose deaths remains unconscionably high.
Now, in a new report, the Centers for Disease Control and Prevention (CDC) sheds some new light on precisely which drugs are most implicated in these deaths. While the report examines overdose deaths from 2011 to 2016, we're going to zero in on the 2016 data to get as close as possible to the present.

Three drug classes are involved: prescription and non-prescription opioids, benzodiazepines, and stimulants. Often, fatal overdoses involve more than one drug, whether it is drugs in the same class (heroin and fentanyl) or combinations of drug classes (heroin and benzos or fentanyl and cocaine.

Before we get into the number-crunching, it's worth taking a moment to consider that each single overdose death is a tragedy. A human life has been lost prematurely, the potential snuffed out, and friends and family members suffer greatly. It doesn't have to be that way. While we're going to look at deadly drugs, it behooves us to remember that many of these deaths are a function not just of the drugs themselves, but of drug prohibition.

People overdose on fentanyl, for example, because in a black market there is no packaging, no quality control, no dosage information to inform them of just how powerful is that powder they're snorting or injecting. Added to heroin or crafted into counterfeit prescription opioids by unscrupulous black market operators, fentanyl kills people who didn't even know they were taking it. Even more insidiously, fentanyl is turning up in black market cocaine and methamphetamine, whose users aren't even looking for an opioid high and haven't developed any tolerance to them (although some may be speedballing, that is, taking both an upper and a downer at the same time.

That said, here are the drugs making the greatest contributions to the 63,352 overdose deaths in 2016. (The numbers add up to more than that figure because in some overdoses, more than one drug is mentioned.)

1. Fentanyl -- 18,335

In 2016, fentanyl vaulted into first place in the deadly drug sweepstakes. As recently as 2011, the synthetic opioid was in 10th place, with some 1,660 overdose deaths attributed to it, but the death toll has increased more than tenfold in just five years. More than two-thirds of fentanyl overdose deaths also involved other drugs, and fentanyl is involved in more than a quarter (28.5 percent) of all overdose deaths, including 40 percent of cocaine overdose deaths and nearly a third (32 percent) of heroin deaths.

2. Heroin -- 15,961

At the tail end of the prescription opioid phase of the current overdose crisis in 2011, more people died from oxycodone than heroin, but between 2012 and 2015, heroin resumed its role as the leading opioid linked to fatal overdoses, only to be overtaken by fentanyl in 2016. The vast majority -- 70 percent -- of people who died from heroin were also using other drugs. More than a third were also using fentanyl, while nearly a quarter (23.8 percent) were also using cocaine. As prescription opioids became more difficult to obtain, the number of people dying from heroin skyrocketed, nearly tripling in the five years ending in 2016.

3. Cocaine -- 11,316

Cocaine deaths rose dramatically beginning in 2015 and by 2016 the annual death toll was double what it had been five years earlier. With bumper crops in Colombia in recent years, cocaine is cheap and plentiful. It is also increasingly being cut with fentanyl, which is implicated in 40 percent of cocaine deaths, and mixed with heroin, which is implicated in a third of them. Cocaine is named in 17.8 percent of all overdose deaths.

4. Methamphetamine -- 6,762

Meth-related overdose deaths tripled between 2011 and 2016, a dramatic increase in what has become America's forgotten drug problem. In 2016, slightly more than one out of ten drug overdose deaths involved meth. Of the top ten overdose drugs, meth is by far the one most likely to have been the sole drug implicated in the death, but even so, fentanyl was implicated in one out five meth deaths and heroin in one out of ten.

5. Alprazolam -- 6,209You know it as Xanax. This short-acting benzodiazepine is a favorite of stimulant users seeking to take the edge off, but also often forms part of a sedative cocktail with opioids or other benzos. About three-quarters of Xanax overdose deaths involve other drugs, with fentanyl, heroin, and oxycodone each involved in about one-quarter of Xanax deaths. Xanax deaths increased by about 50 percent over the five year period.

6. Oxycodone -- 6,199

It's most infamous formulation is OxyContin, but it is also sold as Roxicodone, Xtampza ER, and Oxaydo. It may have been the primary killer opioid a decade ago, but has chugged along at around 5,000 deaths a year before going over 6,000 in 2016. Four out of five people who overdose on oxycodone were also using another drug, most often Xanax (25.3 percent), followed by fentanyl (18.6 percent).

7. Morphine -- 5,014

The granddaddy of opioids. Morphine deaths increased slowly beginning in 2011, but have still increased by about 40 percent since then. More than eight out of 10 morphine deaths involve other drugs as well, particularly fentanyl, which is involved in one out three morphine deaths. Cocaine (16.9 percent) and heroin (13.7 percent) are also frequent contributors to morphine ODs.

8. Methadone -- 3,493

Prescribed as an opioid maintenance drug, methadone is one of the few drugs on this list to have seen the number of deaths decline between 2011 and 2016. They've dropped from more than 4,500 a year down to less than 3,500, a drop of roughly a quarter. Nearly three-fourths of all methadone deaths implicate other drugs, with Xanax being most common (21.5 percent), followed by fentanyl (15.1) and heroin (13.8).

9. Hydrocodone -- 3,199

This semi-synthetic opioid is sold under a variety of brand names, including Vicodin and Norco, and has proven remarkably stable in its overdose numbers. Between 2011 and 2016, it never killed fewer than 3,000 or more than 4,000, almost always (85 percent of the time) in concert with other drugs. Xanax was implicated in one-quarter of all hydrocodone overdoses, followed by oxycodone (17.2 percent) and fentanyl (14.9 percent).

10. Diazepam -- 2,022

The most well-known diazepam is Valium. Like Xanax, this anti-anxiety drug can be used to take the edge off a stimulant binge, but it's not coke heads and speed freaks who are dying from it. In more than nine out of 10 fatal Valium overdoses, other drugs are involved, most commonly the opioids oxycodone and fentanyl, each implicated in about a quarter of the deaths, and heroin, implicated in a fifth.

Using these drugs is dangerous. Using them under a prohibition regime is even more so. Users don't always know what they're getting, and that lack of knowledge can be fatal. If you're going to be messing with these substances, be extremely cautious. Try a test dose first. And don't do it alone. Stay safe out there.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: Congress Passes Hemp Bill, CDC Report on Overdose Deaths, More... (12/13/18)

Congress has passed a bill to legalize hemp, the CDC issues a new report on overdose deaths, St. Vincent and the Grenadines legalizes medical marijuana, and more.

Fentanyl is now the leading drug implicated in overdose deaths, according to the CDC. (Creative Commons)
Marijuana Policy

Colorado Senator Seeks to Add Marijuana Amendment to Criminal Justice Bill. Sen. Cory Gardner (R-CO) will try to add an amendment to the pending prison and sentencing reform bill that would effectively end federal marijuana prohibition. Gardner seeks to add his STATES Act (S.3032) as the amendment. That would allow states to implement their own pot laws without fear of federal interference.

California Regulators Issue Final Version of Regulations. California marijuana regulations are now set after regulators issued their third and final version of the rules. Among the highlights: Deliveries will be allowed statewide, contract manufacturing will be allowed (licensed companies make and package products for unlicensed companies), and regulations for childproof packaging have changed to place the burden on retailers.

St. Paul City Council Backs Resolution To Legalize Recreational Marijuana. Minnesota's second largest city now officially supports marijuana legalization. The city council voted 6-1 Wednesday to support a resolution calling for it. Governor-Elect Tim Walz (DFL) is also down with the idea.

Medical Marijuana

Nebraska Medical Marijuana Initiative Campaign Gets Underway. Two state senators, Anna Wishart, and Adam Morfeld, both Democrats from Lincoln, announced Thursday that they had created a campaign committee to put a medical marijuana constitutional amendment on the 2020 ballot. The committee is Nebraskans for Sensible Marijuana Laws.

Industrial Hemp

Congress Approves Industrial Hemp Legalization. Hemp, hemp, hooray! With a final vote in the House on Wednesday, the 2018 Farm Bill, complete with a provision legalizing domestic hemp production, was approved by Congress and now heads for the president's desk. The bill clears the way for American farmers to participate in what is already a billion-dollar domestic hemp industry that is currently reliant on foreign imports.

Opioids

Fentanyl Now the Most Common Drug in Fatal Overdoses, CDC Reports. Fentanyl is now the most commonly used drug involved in drug overdoses, according to a new report from the Centers for Disease Control and Prevention. Fentanyl was involved in more than 30,000 overdose deaths, while second place heroin was implicated in more than 27,000 deaths. There were some 63,000 overdose deaths in 2016, many of them involving multiple substances.

International

Saint Vincent and the Grenadines Pass Medicinal Marijuana Bill. Saint Vincent and the Grenadines (SVG) has become the first Organization of Eastern Caribbean States Member State to decriminalize marijuana for medical purposes and scientific research. "There is broad recognition and buy-in of the economic benefits this tightly controlled and regulated industry is expected to bring in terms of direct employment, the creation of support industries and foreign investment," said Agriculture Minister Saboto Ceaser.

Trump's Ghoulish Call for Even More Chinese Drug Executions [FEATURE]

In a pair of tweets last Wednesday, President Trump urged China to crack down on fentanyl, which he described as a "horror drug," and predicted "incredible results" if China would start executing people for fentanyl-related offenses.

Trump urges the Chinese to kill more drug offenders. (Flickr/Gage Skidmore)
Fentanyl is an extremely powerful synthetic opioid linked to tens of thousands of overdose deaths in the US in recent years. Chinese chemical factories are believed to be the primary producers of fentanyl and related synthetic opioid analogs, which are then mixed in with other illicit drugs, making them even more dangerous than they were on their own.

Trump's tweets came just days after he errantly praised China's President Xi Jinping for agreeing that China would "designate Fentanyl as a Controlled Substance, meaning that people selling Fentanyl to the United States will be subject to China's maximum penalty under the law."

In reality, China made fentanyl and five fentanyl products controlled substances back in 2015 and promised President Obama it would "crack down" on it in 2016. Yet, the flow of fentanyl continued and fentanyl-related overdose deaths continued to climb.

And in reality, China is already most likely the world's leading drug executioner. The only reason for any doubt is that China does not provide data on how many people it executes for drug offenses, but according to Amnesty International, "thousands of executions… were believed to have been carried out in China" last year.

China's closest competitor in the gruesome race to execute drug offenders has been Iran, where Amnesty says more than 200 were hung in 2017, but recognizing the futility of the hardline approach and heeding pressure from European funders of Iranian anti-drug efforts, the Islamic Republic has now moved to greatly reduce the number of drug executions.

But as has been evident from his support of bloody-handed Philippine President Rodrigo Duterte, who was presided over a war on drug sellers and users that has left thousands dead, Trump has a fondness for the death penalty. And despite the lack of any evidence that killing drug offenders actually leads to a reduction in drug use or trafficking, he wants more.

That brought a quick response from the Drug Policy Alliance, which ripped into Trump's cheerleading the death penalty in China as "morally repugnant" and instead urged responses to the fentanyl crisis that might actually achieve something.

"Draconian criminal punishments for fentanyl will actually make the problems associated with this drug much worse than they are now," said Grant Smith, the group's deputy director of national affairs. "This won't reduce addiction and overdose deaths in the US, but it will incentivize the proliferation of even more potent drugs that will further exacerbate the crisis. President Trump's push for China to execute more of its citizens for drug offenses is morally repugnant and ignores the decades-long failure of extremely harsh drug policies here in the US."

Instead of lobbying for harsh, but inhumane and ineffective, drug policies in China, Trump would better address the overdose crisis by implementing proven harm reduction measures, Smith added.

"Fentanyl has indeed become the leading cause of overdose deaths in the US, but health-based measures are far more effective than criminalization," he said. "Interventions like drug checking, naloxone, supervised consumption spaces, and expanding access to evidence-based treatment are urgently needed to reduce fentanyl-related deaths."

But the Trump administration isn't into that. In fact, the Trump Justice Department just recently went out of its way to promise a crackdown on any cities that try to open safe injection sites as a means of reducing overdose deaths and the spread of blood-borne diseases. He would rather American drug users die and Chinese drug sellers be killed than come up with effective responses that would actually save lives.

Study: Crackdowns on Heroin, Pain Pills Gave Rise to Fentanyl Overdose Epidemic [FEATURE]

A new report on illicit US drug markets from researchers at the University of San Francisco has found that that the spread of fentanyl, a powerful synthetic opioid implicated in nearly 29,000 overdose deaths last year alone, is tied to enforcement-driven shortages of heroin and prescription opioids, as well simple economics for drug distributors -- not because users particularly desire the drug.

meet the law of unintended consequences (Creative Commons)
Illicit fentanyl has swept through American drug markets in waves -- the super strong "China white" heroin of the 1970s was actually a heroin-fentanyl mixture -- most recently in the past decade after rising levels of opioid addiction and the spread of "pill mills" prompted multifaceted moves to restrict opioid prescribing.

From a drug distributor's perspective, fentanyl is a most excellent substitute for heroin or prescription pain pills. Produced entirely in labs or chemical factories, it is far more powerful and cheaper to produce than heroin. Because it's more potent, it is easier to smuggle -- often coming into the US via postal and delivery service parcels, not by the semi load. And it doesn't require months of growing time and period of intense peasant labor in lawless regions of weak states.

Fentanyl is typically sold deceptively -- marketed as heroin or prescription drugs such as OxyContin or Xanax -- and users and street-level dealers often don't even know that the drugs they are using or selling contain fentanyl, the researchers found. Fentanyl is making its way into the supply chain at the wholesale, not the retail level. That, the researchers said, suggests that demand is not the key driver in the drug's spread.

"Fentanyl is rarely sold as fentanyl," said Sarah Mars, PhD, a researcher in the Department of Family and Community Medicine at UCSF. "The dealers selling fentanyl directly to the users often don't know what's in it. Not only is this particularly dangerous, but it also means penalizing low-level dealers isn't going to make any difference in the fentanyl poisoning epidemic."

According to Mars, users are split on fentanyl, which produces a more sudden and powerful high than heroin, but one that fades faster. Some said fentanyl brought back the euphoria they had lost the ability to feel with long-term heroin use, but others said they feared fentanyl and found its effects too harsh.

"Whether or not they prefer fentanyl, users don't have any influence over what drugs are being sold," Mars said. "Without accurate information about these drugs, they can't make an informed choice about what they are buying. Also, very little drug slang has developed to describe fentanyl, which lends support to the notion that this is not a demand-driven epidemic."

The presence of drugs adulterated with fentanyl is uneven, Mars said.

"Most of the illicit fentanyl has been in the Northeast and Midwest," she specified. And that's where opioid overdose death rates are the highest.

Another contributing factor to the fentanyl overdose toll is that it has dozens of analogs with wildly varying potency. Some, like carfentanil, are amazingly powerful, as much as 10,000 times as potent as morphine. Some are so new they have not yet been made illegal.

"We believe it's the fluctuation in the potency of the drugs containing fentanyl that makes them so dangerous," said Daniel Ciccarone, MD, MPH, a professor of family and community medicine at UCSF and senior author of an ongoing National Institutes of Health-funded study, Heroin in Transition. "You might have one dose that had hardly any fentanyl in it or none at all. Then, you might have one with a different fentanyl analog, of different potency, or even mixtures of multiple fentanyls and heroin."

Here is the paradox of drug prohibition: Trying to crack down on drugs tends to lead not to less drug use but to more dangerous drugs, and in the case of opioids, tens of thousands of dead drug users. There is an inexorable logic at play: The more law enforcement comes down on a drug, the greater the tendency for suppliers to make it more potent and compact -- and dangerous.

Perhaps that's why we now see mainstream calls for a radically different approach, such as the one from Washington Post columnist Megan McArdle earlier this week. In her column "The Incredibly Unpopular Idea That Could Stem Heroin Deaths," McArdle argues that current drug policy is only running up the overdose death toll and that we need "to start talking about ways to make safe, reliable doses of opiates available to addicts who aren't ready to stop."

That would involve increasing access to opioid substitutes such as methadone and buprenorphine, "but lowering the death toll may require a more drastic step: legalizing prescriptions of stronger opiates," McArdle writes.

"Prescription heroin?" she continues. "Remember, I said you might not like the solution. I don't like it, either -- and frankly, neither do the drug policy researchers who told me it may be necessary. But when fentanyl took over the US illicit drug markets, it also got a lot of addicts as hostages. We'll never be able to rescue them unless we can first keep them alive long enough to be saved."

There is a better way to deal with the opioid crisis than relegating tens of thousands of American opioid users to early, preventable deaths. We know what it is. Now it's a matter of implementing smarter, more humane policies, and that's an ongoing political struggle -- one where lives are literally at stake.

Chronicle AM: Denver to Expunge Pot Convictions, Columnist Calls for Prescription Heroin, More... (12/5/18)

 A Washington Post columnist calls for prescription heroin, the federal hemp bill will apparently ban the participation of people with drug felonies, Denver joins the movement to expunge old pot convictions, and more.

Prescription heroin--Washington Post columnist suggests it could save lives in the face of fentanyl. (Creative Commons)
Marijuana Policy

Denver Becomes Latest City to Expunge Low-Level Marijuana Offenses. Mayor Michael Hancock announced Tuesday that his administration will "move to vacate low-level marijuana convictions for Denver residents." The move comes after months of preliminary work by the Office of Marijuana Policy and the City Attorney's Office. "For too long, the lives of low-income residents and those living in our communities of color have been negatively affected by low-level marijuana convictions," Hancock said in a press release. "This is an injustice that needs to be corrected, and we are going to provide a pathway to move on from an era of marijuana prohibition that has impacted the lives of thousands of people."

Industrial Hemp

Federal Bill to Legalize Hemp Bans Drug Felons from Participating. Congressional negotiators have agreed on compromise language for the hemp provision of the farm bill that would ban people with felony drug convictions from participating in the hemp industry. The ban was inserted into the Senate version of the bill late in the process and over the objections of drug policy reformers. It's not quite a done deal—the language could be changed in conference committee—but at this point, it looks like the ban is in.

Heroin and Prescription Opioids

Washington Post Columnist Calls for Prescription Heroin. In a piece published Tuesday, Washington Post columnist Megan McArdle has called for access to prescription heroin in a bid to prevent fentanyl-related overdose deaths. In the column titled An Incredibly Unpopular Idea That Could Stem Heroin Deaths, McArdle notes that "most people don't want addiction made safer or easier; they want it stopped, cold…but you don’t free slaves by killing them, and as long as fentanyl suffuses the illicit drug markets, that’s what a 'tough love' policy amounts to." Harm reduction measures and increased access to treatment would help, McArdle writes, but "lowering the death toll may well require a more drastic step: legalizing prescriptions of stronger opiates. Prescription heroin? Remember, I said you might not like the solution. I don’t like it, either — and frankly, neither do the drug policy researchers who told me it may be necessary. But when fentanyl took over the U.S. illicit drug markets, it also got a lot of addicts as hostages. We’ll never be able to rescue them unless we can first keep them alive long enough to be saved."

Asset Forfeiture

Nashville Bends to Police Pressure, Extends Federal "Equitable Sharing" Program. Under pressure from local law enforcement and seeking to avoid raising taxes, the Nashville Metro Council voted 25-5 to renew its participation in the federal asset forfeiture equitable sharing program, which allows state and local law enforcement agencies to divert drug-related cash seizures to the federal government, which in turn returns 80% of the booty back to the seizing agency. 

Chronicle AM: Trump's Chinese Fentanyl Flub, UT MedMJ Law Amended, More... (12/4/18)

There's a bunch of medical marijuana news today, and President Trump misstates a Chinese position on fentanyl.

The president was unclear on just what China promised regarding fentanyl and synthetic opioids. (Gage Skidmore/Creative Commons)
Medical Marijuana

Minnesota Adds Alzheimer's to List of Qualifying Conditions. The state Department of Health announced Monday that it was adding the degenerative neurological disorder to the medical marijuana program, despite concerns about the effectiveness of treatment with marijuana. "Any policy decisions about cannabis are difficult due to the relative lack of published scientific evidence," said state Health Commissioner Jan Malcolm. "However, there is some evidence for potential benefits of medical cannabis to improve the mood, sleep and behavior of patients suffering from Alzheimer’s disease." Minnesota will become the 13th state to okay medical marijuana for Alzheimer's.

Pennsylvania to Consider Adding Qualifying Conditions. The state Medical Marijuana Advisory Board has approved a new process for expanding the state's list of qualifying conditions for medical marijuana and in coming weeks will begin accepting petitions for new qualifying conditions to be added to the list. Patient advocates are expected to petition for conditions such as depression, anxiety, and insomnia, among others.

Utah's Voter-Approved Medical Marijuana Law Amended. Lawmakers on Monday passed sweeping changes to the state's voter-approved medical marijuana law and Gov. Gary Herbert (R) immediately signed them into effect. The changes ban many marijuana edibles, prevent people from growing their own marijuana if they live far from a dispensary, and narrow the list of eligible medical conditions for which the drug can be obtained. Smoking medical marijuana wasn't allowed under the original ballot measure and still isn't. Opponents of the meddling with measure said the changes will create major obstacles for patients and are planning to sue to block the changes. "It's an almost complete disregard for the will of the people," attorney Rocky Anderson said.

Foreign Policy

Trump Misstated Changes in China's Fentanyl Policy. This past weekend, President Trump claimed he had persuaded the Chinese to make fentanyl a controlled substance, but he was mistaken. Fentanyl is already a controlled substance in China. What the Chinese announced was that they would shift the way it regulates synthetic opioids. Now, "China has decided to list all the fentanyl-like substances as controlled substances and start working to adjust related regulations," China's foreign ministry clarified.

Chronicle AM: Dark Web Dealers Banning Fentanyl, Luxembourg Moves to Legalize Weed, More... (12/3/18)

China agrees to make fentanyl a controlled substance, Dark Web dealers begin banning fentanyl sales, Luxembourg could become the first European country to legalize marijuana, and more.

Fentanyl--too dangerous for the Dark Web? (DEA.gov)
Marijuana Policy

Michigan Bill Would Free Prisoners Doing Time for Marijuana Crimes. Democratic lawmakers have filed a bill, House Bill 6508, that would allow prisoners convicted of certain marijuana offenses to get out of prison. The release would apply to people imprisoned for use, possession, or distribution of marijuana if they meet certain conditions. It would also reduce sentences for other marijuana crimes.

Medical Marijuana

Iowa Sees First Medical Marijuana Dispensaries. The Hawkeye State's first medical marijuana dispensaries opened over the weekend. Five were authorized under a law passed last year and licenses were awarded earlier this year. The state's law only allows for the use of CBD products.

Heroin and Prescription Opioids

Dark Web Drug Dealers Voluntarily Ban Fentanyl Sales. The British National Crime Agency reports that major dark web drug sellers have begun voluntarily banning the sale of fentanyl because it is both too dangerous and too likely to provoke police crackdowns. That would put the powerful opioid in the company of mass casualty firearms and explosives as commodities too dangerous to trade on the dark web.

Foreign Policy

China Agrees to Make Fentanyl a Controlled Substance After Talks With US. The Chinese Foreign Ministry said it had "decided to schedule the entire category of fentanyl-type substances as controlled substances, and start the process of revising relevant laws and regulations" after the meeting between President Trump and Chinese President Xi Jinping in Buenos Aires on Saturday. The two countries have "agreed to take active measures to strengthen cooperation on law enforcement and narcotics control," including the control of fentanyl-type substances, the statement said. The White House called the move "a wonderful humanitarian effort."

International

Luxembourg Moves Toward Legalizing Marijuana. In a joint press conference, the three political parties that constitute the country's governing coalition announced plans to legalize marijuana, including legal marijuana sales. The announcement came after an online petition calling for legalization generated enough support to be discussed in parliament. The petitioners asked for marijuana to be regulated, pointing to Canada as an example. A final agreement on the exact structure of legalization is expected to be finalized this week. 

Chronicle AM: NYC Marijuana Busts Way, Way Down; New Federal Fentanyl Sentences in Effect, More... (11/9/18)

New York City marijuana possession arrests plummet (finally), Utah patients will have some legal protection beginning next month, federal fentanyl sentences just increased, and more.

a lethal dose of fentanyl (DEA.gov)
Marijuana Policy

Michigan US Attorneys Warn That Federal Prohibition Remains in Force. In a joint statement released Thursday, US Attorneys for Michigan Matthew Schneider and Andrew Birge warned that even though voters there legalized marijuana on Tuesday, "marijuana continues to be an illegal drug under federal law" and that they "will not unilaterally immunize anyone from prosecution for violating federal laws simply because of the passage of Proposal 1." That said, the federal prosecutors then conceded "our offices have never focused on the prosecution of marijuana users or low-level offenders" and that "as we weigh the interests in enforcing a law, we must also consider our ability to prosecute with our limited resources."

Arrests for Low-Level Marijuana Possession have Decreased 90 Percent Following New NYPD Marijuana Guidelines. Arrests for low-level marijuana possession have plummeted 90 percent since new NYPD marijuana enforcement guidelines took effect in September. There were 151 arrests for low-level marijuana in the entire city of New York in September 2018, less than 10 percent of the 1,500+ arrests last September and 3 percent of the 4,300+ arrests that took place in September 2010. However, racial disparities in enforcement still persist, with Blacks and Latino people comprising around 80 percent of the 1,000 summonses issued for marijuana.

Medical Marijuana

Utah Patients Will Have Legal Protections Beginning December 1. Although it could take months or years for the state to get a medical marijuana cultivation and distribution system up and running, medical marijuana patients will win some protections from arrest and prosecution beginning on December 1. That's because the Prop 2 initiative approved by voters includes an "affirmative defense" provision protecting them from a criminal conviction. It doesn't explicitly protect patients from arrest, but the hope is that with little likelihood of a successful prosecution, police will have little incentive to actually arrest patients.

Heroin and Prescription Opioids

Harsher Federal Penalties for Selling Fentanyl-Laced Drugs Are Now in Effect. New federal sentencing guidelines that went into effect November 1 significantly increase the possible prison sentence faced by people who sell heroin or cocaine laced with fentanyl. The new guidelines "create a four-level enhancement for a defendant who knowingly misrepresents or knowingly markets as another substance a mixture containing fentanyl or a fentanyl analog," which translates into sentences nearly twice as long as previously. While the guidelines only apply to someone who intentionally sought to deceive buyers, the realities of the federal criminal justice system -- where the vast majority of cases end with plea bargains -- mean that prosecutors will rarely have to prove the intent to deceive.

Chronicle AM: Brazil's New Leader is Bad News on Drug Policy, CO Legalization Faces RICO Suit, More... (10/30/18)

A lawsuit using federal RICO statutes to challenge Colorado marijuana legalization got underway today, North Dakota medical marijuana patients and caregivers can now apply to the registry, Brazil's president-elect is a giant step backward on drug policy, and more.

Brazilian President-Elect Jair Bolsonaro favors harshly repressive drug policies. (Creative Commons)
Marijuana Policy

Colorado Lawsuit Challenging State's Marijuana Law Goes to Trial. A lawsuit filed by two landowners who claim that a nearby marijuana grow has reduced their property values -- in part because the smell allegedly makes horse riding less attractive -- got underway in federal court in Denver Tuesday. The case is based on federal racketeering laws, and an adverse decision could have significant disruptive effects on the state's marijuana industry. The lawsuit was filed by Safe Streets Alliance, a national anti-marijuana group.

New Jersey Lawmakers Aim for Marijuana Hearings Next Month. State Senate President Stephen Sweeney (D-3rd District) told reporters Monday he had been meeting with Sen. Nicholas Scutari (D-22nd District) on advancing marijuana legalization legislation, and "I think we're real close." While Sweeney did not offer any firm timelines, Scutari said he has been looking at holding a hearing on November 26.

Medical Marijuana

More Than 200 Unlicensed Michigan Dispensaries Must Close Down By Wednesday. The state's Medical Marijuana Licensing Board has approved 14 more dispensary licenses, but some 215 pot businesses that have not obtained licenses, most of them in Detroit, received cease and desist letters Tuesday and must close their doors by Wednesday if they want any chance at getting a license in the future.

North Dakota Patients and Caregivers Can Now Register. The state Department of Health began accepting applications Monday for medical marijuana patients and caregivers, with registry cards to begin being mailed out in December. It costs $50 to apply. The move comes just under two years after voters there approved a medical marijuana initiative.

Heroin and Prescription Opioids

Massachusetts Governor Seeks $5 Million for Opioid Drug War. Gov. Charlie Baker (R) will file legislation seeking $5 million for a pilot program for a "regional, multi-agency approach to fentanyl interdiction and crime displacement," he said Monday. He said his proposal targets drug dealers who move from town to town to evade police crackdowns. "We want to give departments the resources to coordinate with each other across their districts, essentially flooding the zone against the drug dealers who are peddling addiction and death in their communities," Baker said. "We want to go after the dealers who too often evade authorities by moving to another nearby location in a different municipality." The $5 million would be used to "supplement surveillance work and overtime costs for units," he said.

International

Brazil's Presidential Election Winner is Bad News on Drug Policy. Jair Bolsonaro, the winner of Sunday's Brazilian presidential election and known as "the Trump of Brazil" for his right-wing populist views, is bad news for drug reform in Latin America's most populous country. He favors intensifying ongoing bloody crackdowns on people involved with drugs, he has said on repeated occasions that police should kill people suspected of drug trafficking, and he has openly praised Philippines President Rodrigo Duterte's bloody drug war, saying "he did the right thing for his country." He opposes marijuana legalization, saying it would "benefit traffickers, rapists, and hostage takers." And Bolosonaro isn't just bad on drug policy; he gets downright weird. He has also claimed, in a bizarre homophobic rant, that smoking pot makes people gay.

Chronicle AM: Coalition to Fight House "Drug War" Provision, Colombia Coca Crop at Record High, More... (9/20/18)

A provision in the House opioid bill that would let the attorney general set sentences for synthetic drug offenses generates opposition, Colombia's coca production was at record levels last year, the DEA has okayed the import of Canadian marijuana for research purposes, and more.

Colombia peasand farmer in his coca field. (DEA)
Marijuana Policy

New Jersey Governor Calls for Sheriff's Resignation After Racist Weed Comments. Gov. Phil Murphy (D) is calling for the resignation of Bergen County Sheriff Michael Saudino after a tape emerged of him making racist comments about black people around the topic of marijuana legalization. Although Saudino's remarks were made back in January just after Murphy's inauguration, a recording of them just went public on Wednesday. Here's what he said, referencing Murphy's inaugural address: "He talked about the whole thing, the marijuana, sanctuary state…better criminal justice reform. Christ almighty, in other words, let the blacks come in, do whatever the fuck they want, smoke their marijuana, do this do that, and don’t worry about it," Saudino said. "You know, we’ll tie the hands of cops."

Medical Marijuana

DEA Gives Green Light for Canadian Company to Import Research Marijuana to US. The DEA has granted permission to Canadian marijuana producer Tilray, Inc. to export medical marijuana to California for scientific research purposes. The Food and Drug Administration also signed off on the deal. The marijuana is headed for Dr. Fatta Nahab, an associate professor of neuroscience at the University of California San Diego medical school.

Drug Policy

Left-Right Coalition Builds to Block House Opioids Bill's "Drug War" Provision. As the House and Senate seek to reconcile their versions of bills to address the nation's opioid crisis, groups on the left and right are uniting behind an effort to undo an especially egregious provision in the House version of the bill. Organizations such as the ACLU and Human Rights Watch are joining forces with right-leaning groups like FreedomWorks and the American Conservative Union to remove language that would give the attorney general the power to create a special category for synthetic drugs such as fentanyl and set penalties for those who make or sell them. That would essentially put sentencing policy for those drugs in the hands of the attorney general. "We don’t want any attorney general to have this kind of power," said Jasmine Tyler, advocacy director for the Human Rights Watch US Program. "But I think specifically when we have an attorney general who is so out of touch with this century’s expert thinking on these issues, there should be red flags for that."

International

UNODC Says Colombian Coca Cultivation at All-Time High. The amount of acreage devoted to coca growing in Colombia increased 17% last year to hit a new record high, the UN Office of Drugs and Crime said Wednesday. Some 423,000 acres were under cultivation last year, UNODC said, the largest figure since the UN began keeping records. That will produce more than 920 metric tons of cocaine, a US government report earlier this year said. The figures come as new conservative Colombian President Ivan Duque prepares to attack the drug trade, likely including aerial fumigation of crops with glyphosate. "Our goal in the next four years is to have concrete results," he said Wednesday. "So we can at least eradicate more than 70 percent of what we have today."

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School