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Chronicle AM: VT Legalizes Without Sales, Sentencing Commission Proposes Upped Fentanyl Penalties, More... (1/22/18)

Vermont becomes the 9th legal marijuana state, Illinois lawmakers take up legalization, the US Sentencing Commission proposing increasing fentanyl penalties, and more.

Vermont just turned New England a little greener. (Wikimedia)
Marijuana Policy

Another National Poll Has a Strong Majority for Marijuana Legalization. A new poll from NBC News and the Wall Street Journal has support for marijuana legalization at 60% nationwide, up from 55% the last time the media outlets asked the question, in 2014.

Illinois Lawmakers Hold Hearing on Marijuana Legalization. A joint legislative committee began a hearing on marijuana legalization Monday morning. Cook County Board President Toni Preckwinkle told legislators she supported it: "Legalizing marijuana is an important step in right-sizing our criminal justice system, reducing racial disparities in prosecuting non-violent drug offenses, targeting our scarce resources on prosecuting violent crime and lessening the social dislocation we see in too many of our communities," Preckwinkle said. The only relevant bill currently before the legislator is Senate Bill 2275, which would authorize a non-binding statewide referendum on the topic of legalization.

Vermont Legalizes Marijuana; Becomes First State to Do So Via Legislative Process. With Gov. Phil Scott's (R) signature on House Bill 511 Monday, the state legalized the possession and cultivation of small amounts of marijuana, becoming the first state to free the weed via the legislature. The new law goes into effect July 1. The new law does not legalize the taxed and regulated commercial production and sale of marijuana. Instead, the bill calls for a task force appointed by the governor to study the issue and recommend "legislation on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market" by December 31. Then lawmakers would have to go to work again to get that passed.

Buffalo Campaigners Call for Police to Deprioritize Marijuana Possession Arrests. A nonprofit group called Open Buffalo has begun a petition campaign to urge Mayor Byron Brown to tell the police department to deprioritize enforcement of marijuana possession laws. The group is close to its goal of 600 signatures; when it hits that goal, it will deliver the petition to the mayor.

Sentencing

US Sentencing Commission Proposes Stiffening Fentanyl Penalties. Last Friday, the Sentencing Commission announced it was proposing to increase penalties for fentanyl offenses by setting the offense level for fentanyl equal to the higher offense level currently assigned to fentanyl analogs. The commission is also proposing a sentencing guidelines enhancement for misrepresenting fentanyl or fentanyl analogs as another substance. The commission also proposed a class-based approach to synthetic cathinones and cannabinoids and established a single marijuana equivalency for each class. Public comment on the proposals is open until March 6, and the commission will hold public hearings in February and March. The commission is expected to vote on the proposals before May 1.

Chronicle AM: Govs Seek Fed Help for Opioid Crisis, KY GOP Leader Files Legal MJ Bill, More... (1/18/18)

Governors call for more help with the opioid crisis from the federal government, a Kentucky GOP leader files a marijuana legalization bill, the ACLU of Montana warns an overzealous prosecutor, and more.

The nation's governors want Trump and the Congress to step up on dealing with the opioid crisis. (Wikimedia)
Marijuana Policy

Congressmen Reintroduce Bill to Protect Marijuana from Civil Asset Forfeiture. Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) reintroduced the Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act on Wednesday. The bill would block seized funds from being used to in the DEA's Domestic Cannabis Eradication/Suppression program. This year's version of the bill is not yet available on the congressional website, but the 2015 version is available here.

Kentucky Republican Leader Files Marijuana Legalization Bill. State Sen. Dan Seum (R-Fairdale), a member of the Republican leadership team, filed a marijuana legalization bill on Wednesday. The bill would allow people 21 and over to legally use marijuana, and it would also legalize the production and sales of pot. The measure is Senate Bill 80.

New Jersey Legalization Bid Must Overcome Democratic Wavering. Newly seated Democratic Gov. Phil Murphy vowed to legalize marijuana in his first 100 days in office, but he's going to have to whip some Democratic senators into shape first. At least a half dozen Democratic senators say they plan to vote against any legalization bill. The state Senate has 40 seats; the Democrats hold 25 of them. If all six Democrats actually vote no, that means passage would depend on at least two Republicans voting yes. There are two GOP senators, Chris Brown of Atlantic and Dawn Addiego of Burlington, who have said they are leaning toward supporting the bill.

Wisconsin Democratic Gubernatorial Candidate Would Pardon Marijuana Offenders. A leading contender for the Democratic gubernatorial nomination, former state Democratic Party chairman Matt Flynn, said Wednesday he would pardon all low-level, non-violent marijuana offenders if elected. Flynn has repeatedly called for marijuana legalization in the state.

Medical Marijuana

Georgia Voters Ready for Full-Fledged Medical Marijuana Program, Poll Finds. A new poll from the Atlanta Journal-Constitution finds that more than three-quarters of those surveyed want to see the state's limited medical marijuana program expanded. Some 77% said they want greater access to medical marijuana. The poll comes as the legislature considers a measure, House Bill 645, that would allow for medical marijuana dispensaries. The poll also found that support for recreational marijuana was at an all-time high in the state, with 50% saying legalize it.

Heroin and Prescription Opioids

Governors Call on Trump, Congress to Do More to Solve Opioid Crisis. In its first coordinated response to the opioid crisis, the National Governors Association called Thursday for the administration and Congress to provide more money and coordination to fight against it. "While progress has been made, the consequences of opioid addiction continue reverberating throughout society, devastating families and overwhelming health care providers, law enforcement and social services," the governors said as they released a set of 22 recommendations. Among other suggestions, the governors are calling for increased access to the overdose reversal drug naloxone, increased efforts to block illicit fentanyl shipments into the country, and a requirement that drug prescribers undergo substance abuse training and register to use state prescription monitoring databases.

Law Enforcement

Montana ACLU Vows to Challenge County DA's Crackdown on Pregnant Drug and Alcohol Users The ACLU of Montana said Wednesday it will fight any action by Big Horn County Attorney Jay Harris to arrest or incarcerate pregnant women based on alleged harm to the fetus. Harris announced last week that he would seek protection orders barring pregnant women from using any non-prescribed drugs or alcohol and seek contempt orders and jail for any woman who violates them. The ACLU called Harris's move "an egregious abuse of power" and noted that a similar effort in Ravalli County in 2014 was killed in the courts. "If these reports are accurate, then Big Horn County's 'crackdown' on pregnant women is not only counterproductive, paternalistic and cruel, it is also illegal. If your office actively attempts to enforce such a policy, ACLU is prepared to challenge those actions in Court," the group said in a letter sent to Harris.

Sentencing

New Jersey Enacts Law to Examine Racial and Ethnic Impact of Sentencing Changes. On his last day in office, former New Jersey Governor Chris Christie signed racial and ethnic impact statement legislation this week that will provide an opportunity for lawmakers to address the state's high rate of racial disparity in incarceration. Similar to fiscal or environmental impact statements, racial impact statements provide legislators with a statistical analysis of the projected impact of criminal justice policy changes prior to enactment. Armed with the data analysis, policymakers can make more informed decisions about public safety issues without aggravating existing racial disparities. Four other states -- Connecticut, Iowa, Minnesota, and Oregon -- have similar policies.

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

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

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

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

Heroin and Prescription Opioids

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

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

Drug Policy

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

International

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

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

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

Chronicle AM: CA Licenses First Legal Marijuana Shops, US ODs at Record High, More... (12/15/17)

California starts rolling out recreational marijuana business licenses, Maryland approves more dispensaries, Michigan starts accepting dispensary applications, the Mexican Senate approves a bill letting the military keep playing a policing role, and more.

Marijuana Policy

California Issues First Recreational Marijuana Business Licenses. The state's Bureau of Cannabis Control issued 20 retail marijuana business licenses Thursday, paving the way for consumers to buy legal weed at pot shops as early as January 1. On the list were medical and recreational adult use distributors, retailers, and "microbusinesses." Among first day retail licenses were KindPeoples in Santa Cruz, 530 Cannabis in Shasta Lake, and Torrey Holistics in San Diego.

Denver Arrests 12, Shutters 26 Marijuana Stores in Criminal Investigation. Police in Denver shut down 26 Sweet Leaf marijuana stores Thursday and arrested 12 people in an ongoing criminal investigation related to allegations the shops were selling larger amounts of marijuana than allowed under state law. The shops involved all received orders to close the business, the first time the city has issued an open-ended suspension to a legal pot business. The DEA was not involved.

Medical Marijuana

Maryland Regulators Approve a Dozen More Dispensaries. The state's Medical Cannabis Commission has given the go-ahead for another 12 dispensaries to open their doors. The state currently has 10. Another 60 dispensaries that have received preliminary licenses are still awaiting final approval. The state has more than 10,000 registered patients and existing dispensaries have had a hard time keeping up with demand.

Michigan Starts Accepting Medical Marijuana Applications. The state's Medical Marihuana Licensing Board is now accepting applications for medical marijuana businesses under the new regime approved by the legislature earlier this year. Existing dispensaries will not have to shut down while their licenses are approved, a process that could take three or four months.

Drug Policy

Drug Overdose Deaths Continue to Rise. At least 66,324 people died of drug overdoses during the 12-month period ending in May 2017, up 17 percent from the 56,488 who died between May 2015 and May 2016, according to data released this week by the National Center for Health Statistics. Fentanyl and other synthetics overtook heroin as the leading killer, accounting for some 23,000 deaths compared to heroin's 15,525 and another 14,467 deaths from prescription opioids.

International

Mexico Senate Votes to Keep the Military in Police Role. Despite soaring violence and human rights abuses, the Mexican Senate voted early Friday to approve the "internal security law" even as protestors surrounded the Senate to decry the measure, which they say will militarize the country and harden a failed strategy of using soldiers to fight drug cartels. The bill now returns to the lower house, where passage is expected to be a formality. "We are concerned that the bill gives the armed forces a leadership and coordination role in certain circumstances, rather than limiting their role to aiding and assisting civilian authorities," said a statement issued by the UN high commissioner for human rights. "[It] does this in the absence of solid control mechanisms to ensure that operations are carried out with full respect for human rights." The proposal comes as Mexico suffers its most murderous year on record -- despite having the military involved in the fight against the cartels for the past 11 years.

Chronicle AM: ME MedMJ Crackdown, Duterte Faces Heat Over Human Rights Abuses, More... (11/10/17)

The DEA will enact an emergency ban on fentanyl analogs, Maine officials try to tighten up the medical marijuana market, NGOs and individuals target Filipino President Duterte ahead of the ASEAN Summit, and more.

Filipino President Duterte remains defiant in the face of rising calls for an investigation into human rights abuses. (Wikimedia
Marijuana Policy

North Dakotans Gear Up for Legalization Initiative Campaign. Coming off a successful medical marijuana initiative campaign last year, state activists are eyeing a full-blown legalization initiative for 2018. The Recreational Marijuana/Expungement initiative campaign is expected to file with the secretary of state's office next week. If approved there, the measure could then move on to the signature gathering phase.

Medical Marijuana

Georgia Poll Has Strong Support for Medical Marijuana. A new Georgia College poll has support for medical marijuana at 77%, up 13 points from the same poll two years ago. Rep. Allan Peake (R-Macon) has been pushing for medical marijuana for several years; this poll should give a boost to his efforts in 2018.

Maine Cracks Down on Medical Marijuana. The state Health Department issued new rules Wednesday that tighten the state's medical marijuana market. Under the new rules, authorities can conduct surprise inspections of grows, and the department is implementing a new patient tracking system. The changes will go into effect on February 1.

Industrial Hemp

Wisconsin Senate Passes Hemp Bill. The Senate has unanimously approved a measure that would legalize the production and cultivation of industrial hemp. The bill would create a system of state licenses for farmers to legally grow hemp. The measure now goes to the Assembly, which is also expected to pass the bill.

Heroin and Prescription Opioids

DEA Will Enact Emergency Ban on Fentanyl Analogs.The Department of Justice Thursday announced that the Drug Enforcement Administration (DEA) intends to take immediate action against the flow of illicit fentanyl analogues into this country and the alarming increase in overdose deaths linked to synthetic opioids by scheduling all fentanyl-related substances on an emergency basis. When the DEA's order takes effect, anyone who possesses, imports, distributes, or manufactures any illicit fentanyl analogue will be subject to criminal prosecution in the same manner as for fentanyl and other controlled substances. The action announced Thursday will make it easier for federal prosecutors and agents to prosecute traffickers of all forms of fentanyl-related substances.

International

On Eve of ASEAN Summit, Hundreds of Groups Call for UN Probe of Philippines Drug War Killings. More than 280 nongovernmental organizations and individuals have renewed calls for a UN-led investigation into the thousands of deaths linked to the Philippines drug war as the country prepares to host the Association of Southeast Asian Nations (ASEAN) summit this weekend. They all signed onto a statement coordinated by Stopthedrugwar.org executive director David Borden and "organized by a coalition including the leading human rights organizations in the Philippines, Filipino-American advocacy groups, drug policy reform, recovery, (and) HIV/AIDS groups," among others. The move came after President Duterte again insisted he would brook no criticism of his human rights record, warning that he would tell US President Trump to "lay off" if he brought up the issue. But Trump has given no indication he has any concerns about human rights abuses in the Philippines.

Chronicle AM: New Gallup Poll Has Record Support for Marijuana Legalization, More... (10/25/17)

Nearly two-thirds of Americans now support marijuana legalization, and even more in Connecticut, the House passes a bill increasing funding for drug interdiction, the GAO reports on five years of US drug war spending in Latin America, Afghanistan has a whopping record opium crop, and more.

In Afghan fields, the poppies grow... and grow and grow. (UNODC)
Marijuana Policy

Gallup Poll Has Legalization Support at Record High, Approaching Two-Thirds. A Gallup poll released Wednesday has support for marijuana legalization at a record high 64%, up four points from last year and twice as high as just 17 years ago. The poll also includes another first: For the first time, a majority of Republicans support legalization.

Connecticut Poll Has Legalization Support Above 70%. A new Sacred Heart University Institute for Public Policy poll has support for legalization at a whopping 70.6%. That includes both "strongly support" and "somewhat support." Among people under 35, 83.2% wanted to legalize it, and even 73.6% of residents with children in the household were supportive. Legalization should be on the legislative agenda next year.

Washington State Marijuana Sales Top $1 Billion Mark This Year. By the end of September, retail marijuana sales topped $1.1 billion, according to data released by the State Liquor and Cannabis Board. That's just short of Colorado's figure of $1.118 billion so far this year.

Heroin and Prescription Opioids

Bill Would Create Federal Task Force to Fight Fentanyl and Heroin. US Reps. Katherine Clark (D-MA) and Evan Jenkins (R-VA) filed HR 4090, the Fentanyl and Heroin Task Force Act, on Monday. The bill would create a multi-agency task force including members of Customs and Border Protection, the Drug Enforcement Agency, the FBI, Immigration and Customs Enforcement's Homeland Security Investigations, the IRS, the International Trade Administration, the Office of National Drug Control Policy and the US Postal Inspection Service. The task force would coordinate federal efforts to go after fentanyl trafficking groups and identify the sources of heroin and fentanyl production and distribution. The bill has been referred to the House Judiciary Committee.

House Passes Bill to Beef Up Customs, Border Patrol to Wage Drug War. The House voted 412-3 to approve HR 2142, the INTERDICT Act. The bill appropriates funds to pay for new screening devices, laboratory equipment, facilities, and personnel needed to enforce prohibition against fentanyl and other synthetic opioids. A companion measure in the Senate hasn't moved yet.

Foreign Policy

GAO Report: US Spent $39 Billion Fighting Drugs in Western Hemisphere in Five Years. Between 2010 and 2015, US agencies implementing the National Drug Control Strategy spent $39 billion trying to block the flow of drugs from Latin America into the United States. That includes the Defense Department, Homeland Security's ICE, Homeland Security's CBP, the Coast Guard, the Justice Department's DEA and Organized Crime Drug Enforcement Task Forces, the State Department, and the Agency for International Development. Given the huge drug flows from south of the border, it doesn't seem to be working that well.

State Department Wants Stronger Anti-Drug Efforts from Mexico. A day after the DEA identified Mexican drug trafficking groups as the key criminal threat in drug enforcement, Deputy Secretary of State John Sullivan told a business meeting in Mexico that Mexico needed to do more to help. "More rigorous, collaborative efforts to confront the threat posed by the production and distribution of heroin and fentanyl are a priority for the United States," Sullivan said in remarks reported by ABC News.

International

Afghanistan Has Record Opium Harvest This Year. The opium poppy crop this year is a record and more than double last year's crop, according to Afghan Counter-Narcotics Minister Salamt Azimi. He blamed high levels of insurgency for preventing eradication programs from operating. Last year's crop was estimated at 4,700 tons, but this year's will likely exceed 10,000 tons.

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

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

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

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

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

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

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

Medical Marijuana

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

Drug Policy

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

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

Drug Testing

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

Law Enforcement

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

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

Sentencing

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

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

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

Chronicle AM: MA Gov Wants Harsh Sentences for Drug Deaths, More... (8/31/17)

Connecticut continues to grapple with opioids, the Massachusetts governor and cops want mandatory minimums and a possible life sentence for dealers whose clients die, and more.

MA Gov. Baker prefers 20th Century drug war mistakes over 21st century solutions. (mass.gov)
Heroin and Prescription Opioids

Fentanyl Overdoses Now Exceed Heroin Overdoses in Connecticut. The state saw 539 opioid overdose deaths in the first half of this year, and for the first time, more people died using fentanyl than heroin. While 257 people died of heroin overdoses, 322 died of fentanyl overdoses. The state medical examiner's office projects overdose deaths this year will reach 1,100, a 20% increase over last year.

Connecticut Governor Signs Opioid Bill. Gov. Dannel Malloy (D) on Thursday signed into law a bill aimed at slowing the state's opioid epidemic. The bill increases monitoring of opioid prescriptions and requires health insurers to cover inpatient detoxification. The bill passed the legislature unanimously. This is the third year in a row the state has passed bills aimed at the opioid epidemic.

Drug Policy

Massachusetts Governor Wants Harsher Penalties for Drug Deals That Lead to Death. Gov. Charlie Baker (R) has sent a letter to the legislature proposing a bill that would increase sentences for dealers who sold drugs to people who overdosed and died -- up to life in prison. "When illegal drug distribution causes a death, laws that were designed to punish the act are inadequate to recognize the seriousness of the resulting harm," Baker wrote, according to MassLive. "This legislation would provide for a penalty of up to life in prison and, like the offense of manslaughter while driving drunk, would also require a mandatory minimum sentence of at least five years," he added. The bill has the support of law enforcement.

Santa Fe Mayor to Introduce Resolution to Establish A Municipal Drug Strategy Task Force. Javier Gonzalez, the mayor of New Mexico's fourth largest city, will on Thursday introduce a resolution establishing a Municipal Drug Strategy Task Force charged with recommending innovative public health and safety approaches to problematic drug use in the city. "This isn't a problem we can solve by simply declaring a new, top-down policy. It has to be something we take on together, and the strategy has to come from the community. From harm reduction, to law enforcement, to prevention, to treatment, there is a huge range of expertise already developing in Santa Fe, and to find success we will need every one of those voices at the table," said Mayor Gonzales. He added, "So we're doing what we often can do best -- bringing people together."

Don't Believe the Hype: "Fentanyl-Laced Marijuana" is a Dangerous Myth [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Fentanyl is serious business. The synthetic opioid is 50 times stronger than heroin and is linked to huge numbers of opioid overdose deaths. It may be mixed in with heroin or other powder drugs, producing a more potent high than users expect, and the results are too often fatal.

fentanyl... not marijuana (Creative Commons)
So it's not surprising that claims that fentanyl has shown up in marijuana causes alarm bells to ring. But there's not a scintilla of evidence for it, and the claims are doubly damaging. Scaring pot smokers away from a substance that has no overdose potential is not a good thing, and neither is raising fears about opiated weed when weed may actually help people suffering from opioid addiction.

Still, like a vampire, the myth of marijuana laced with the deadly opioid fentanyl refuses to die. It first went nationwide in June, thanks to an Ohio U.S. senator's press conference, and while a VICE debunking at the time should have driven a stake through its heart, it has reared up once again this month, most recently thanks to a local prosecutor in Tennessee.

"There are some marijuana dealers that will tell their clients that I have no doubt there is fentanyl in it and some of the more addictive folks, especially folks that also use other drugs, will get that marijuana laced with fentanyl in hopes of getting a better high," District 24 Attorney General Matthew Stowe told a credulous WKRN-TV in an interview last week. "The bottom line is, anyone, anywhere could mix fentanyl and marijuana and there's no way of knowing it until it's too late."

But wait, there's more: "Marijuana laced with fentanyl can be extremely deadly and to anyone who touches it, taste it, smokes it [or] anything else of that nature," Stowe claimed. "If it's laced with fentanyl, marijuana can be the deadliest drug there is."

Marijuana laced with fentanyl would be deadly -- if such a thing existed. There is no evidence it does.

There are a couple of reasons such a concoction is unlikely. First, fentanyl is typically a white powder and, unlike drugs such as heroin or even cocaine, which are also powders, marijuana is green plant material. Buds adulterated with white powders would look like buds adulterated with white powders.

Secondly, no one even seems to know if smoking fentanyl in weed would even work. Chemist Kirk Maxey, who helps law enforcement agencies like the DEA test suspected synthetic opioids, told VICE he doesn't know if it's scientifically possible.

"Documenting the pipe chemistry of fentanyl in leaf material would be a research paper," he said. "And I don't think it's been done yet."

Still, such obvious objections haven't stopped the spread of the myth, which may have originated in a February Facebook post from the Painesville Township Fire Department in northeast Ohio. That post, which quickly went viral, reported that three men had reported overdosing after smoking "marijuana laced with an unknown opiate." It was picked up by a local ABC TV affiliate, which reported "three separate incidents, but all with the same result -- overdoses from opiate-laced marijuana."

It wasn't true. As Cleveland.com reported shortly afterward, toxicology results showed that "the three people who claimed they had overdosed on marijuana laced with an unknown opiate actually used crack cocaine and other drugs."

The media hubbub died down, but the seed was planted, growing through the spring in the fertile soil of an Ohio gripped by a deadly opioid epidemic and filled with policemen and politicians willing to fertilize it with healthy doses of manure. In June, it blossomed.

marijuana... not fentanyl (Creative Commons)
"Marijuana laced with fentanyl: police warn of another potentially dangerous drug mixture," News 5 Cleveland reported on June 14. There weren't any actual cases of the pot/fentanyl mixture showing up, but "police said the warning was necessary to alert people, especially parents, to the potential risk."

And politicians. Five days later, Ohio U.S. Senator Rob Portman (R) held a Cincinnati press conference on the opioid crisis with Hamilton County Coroner Lakshmi Sammarco, whose reported remarks helped give the myth new life.

"We have seen fentanyl mixed with cocaine," said Sammarco. "We have also seen fentanyl mixed with marijuana."

The comment rocketed around the web, rousing alarm and raising the specter of innocent pot smokers felled by deadly adulterants, but there was less to it than meets the eye. When, unlike other media outlets that simply ran with the story, VICE actually reached out to Sammarco, the story fell apart.

Sammarco said her quote had been misinterpreted and that her office hadn't actually seen any fentanyl-laced weed. Sammarco told VICE that Sen. Portman had mentioned to her that it had been spotted in northeast Ohio -- apparently based on that erroneously News 5 Cleveland report.

When VICE contacted Portman's office about the origin of the fentanyl in weed story, spokesman Kevin Smith replied only "I don't have anything on that," before hanging up the phone.

Despite the baselessness of the claim, it was back again this month. Police and health officials in London, Ontario, sent out warnings after people who claimed to have only smoked pot came back positive for opioids on urine drug tests, without ever considering the possibility that those people weren't telling the truth.

Canadian Federal Health Minister Jane Philpott had to step in to put a stop to the nonsense: "We have confirmed this with chiefs of police [and] law enforcement officials across this country -- there is zero documented evidence that ever in this country cannabis has been found laced with fentanyl," she told the London Free Press. "It's very important that we make sure that that message is clear."

That didn't stop police in Yarmouth, Massachusetts, from generating a similar story just days later. It was another case of a man who overdosed on opioids claiming to have only smoked pot. Police there said they "believe that is possible that the marijuana was laced with fentanyl, which police are starting to see more and more across the country."

Except they're actually not. That first batch of fentanyl-laced marijuana is yet to be discovered. But that hasn't stopped prosecutor Stowe any more than it's stopped the other cops, politicians, and hand-wringing public health officials from propagating the misinformation. This is Reefer Madness for the 21st Century.

Chronicle AM: FDA Opens Public Comment on International Scheduling of New Drugs, More... (8/15/17)

It's the mid-August doldrums, but the FDA has opened public comment on whether and where to schedule a bunch of new drugs -- and CBD! -- under the international drug control treaties, the NBA's commissioner hints he's softening his stance on marijuana, and more.

A bunch of fentanyl analogs are among the new drugs -- and CBD! -- being considered for global scheduling. (Wikimedia)
Medical Marijuana

NBA Head Hints Openness to Examining Medical Marijuana. National Basketball Association (NBA) Commissioner Adam Silver, who has been a staunch foe of relaxing the league's marijuana policy, hinted on a recent trip to Israel that he may be changing his mind. When asked by a reporter about whether the NBA would follow the more pot-friendly NFL's lead, Silver responded thusly in remarks quoted by Uproxx: "I would say it's something we will look at," Silver said. "I'm very interested in the science when it comes to medical marijuana. My personal view is that it should be regulated in the same way that other medications are if the plan is to use it for pain management. And it's something that needs to be discussed with our Players Association, but to the extent that science demonstrates that there are effective uses for medical reasons, we'll be open to it. Hopefully there’s not as much pain involved in our sport as some others, so there’s not as much need for it."

Maryland Regulators Approve Eight More Cultivation Licenses. The state's medical marijuana regulators on Monday gave final approval for licenses for eight medical marijuana cultivation companies. Previously, only one grower had received a license. More growers are needed to provide product for the state's anticipated 102 dispensaries.

Drug Policy

FDA Opens Public Comment on New Drugs Considered for International Scheduling. The Food and Drug Administration (FDA) has published a notice in the Federal Register announcing a 30-day public comment period for persons or organizations wishing to weigh in on whether and where a number of unscheduled drugs should be included in the restrictive drug schedules of the 1971 Convention on Psychotropic Substances. The substances under consideration include several fentanyl analogs, some new psychoactive substances (AB-PINACA, AB-CHMINACA), pregabalin, tramadol, ketamine, and cannabidiol. You have until September 13 to file comments.

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