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Book Review: Three Takes on the Opioid Crisis [FEATURE]

RX Appalachia: Stories of Treatment and Survival in Rural Kentucky, by Lesly-Marie Buer (2020, Haymarket Books, 264 pp., $22.95 PB)

Death in Mud Lick: A Coal Country Fight Against the Drug Companies That Delivered the Opioid Epidemic, by Eric Eyre (2020, Scribner, 289 pp., $28.00 HB)

White Market Drugs: Big Pharma and the Hidden History of Addiction in America, by David Herzberg (2020, University of Chicago Press, 365 pp., $27.50 HB)

America remains in the grip of what is arguably its third great opioid addiction and overdose crisis. It began in the late 1990s as doctors tried to address an historic problem of under-prescribing and unavailability of opioids for chronic pain treatment that affected many patients. But mistakes were made along the way, and a massive tide of not always well targeted prescription opioids swamped the country. As regulators and law enforcement cracked down on pain pills, that morphed into a deadly wave of heroin addiction. And then we got fentanyl, which quickly took first place as a cause for overdose deaths. Produced mostly in China and Mexico, fentanyl is used by some hardcore addicts with high tolerance, but mainly appears as an adulterant added to heroin or in counterfeit prescription pills.

The authors of the three books reviewed here take on various aspects of the phenomenon, from the granular nitty-gritty of the lives of poor, white, female drug users ensnared in the treatment and rehab system in present-day Appalachia, to a state-level look at how drug distribution companies flooded West Virginia with literally billions of prescription opioids, to a long-term overview of the effort to regulate drugs and the subsequent -- and enduring -- historic division of drug use and users into markets black and white. (And by white markets, we are referring not only to legality but also, sadly yet unsurprisingly, skin color.)

Taken together, the three books weave a damning indictment of pharmaceutical companies, the people and entities that are supposed to regulate them, and the moral crusaders who -- too often, successfully -- use the issue of drug use to call for repressive policies, especially aimed at people who aren't "good people;" that is, poor and/or non-white people.

There are also some things the books don't do more than tangentially. They don't touch on the issue of access to pain medications for chronic pain patients. These are people who often suffer not from too-easy access to prescription opioids, but from obstacles to access, and who have suffered even more as politicians and regulators moved to rein in what they argue is massive overprescribing of such medications.

Whether it's being prosecuted for seeking their medicine in the black market or being forced to jump through hoops to obtain their medicine or being refused it altogether in the white market, these are people whose access to the medicines they need is encumbered. Their story is an important part of the debate over opioids (and drug policy more generally), but it gets only a side mention in one of these three works. But over-prescribing of opioids and under-prescribing of them continue to coexist.

The books also don't attempt to disentangle supply-driven opioid abuse, from the so-called "deaths of despair." The same social and economic factors that have driven up the suicide rate in recent decades, and which arguably helped to elect Donald Trump, increase the rates at which drugs are used and abused, including opioids. That in turn leads to more overdose deaths, and some apparent overdoses actually are suicides.

And the authors don't ask their readers to question whether any given "pill mill" or seemingly too large prescription, is really what it looks like. If we accept that abuses in the supply system have played a role in the opioid crisis, that doesn't mean that any given doctor or pharmacist or distributor is guilty as charged. A medical practice with patients treating patients from hundreds of miles away, could be a "pill mill," but it could also have the one doctor who understands pain treatment and is willing to work with poor people whom other doctors view as too risky. A prescription that seems huge because of the number of pills, could represent diversion to the underground market – or it could mean that a long-term pain patient who needs a large dosage because of tolerance built up over time, and who doesn't use technology like a medically-inserted morphine pump, is reliant on pills and their standard-sized dosages that are designed for less tolerant patients. Without considering those contexts, pill numbers can be a misleading metric, at least some of the time.

The books do discuss some options for making effective opioid addiction treatments more easy for more patients to obtain, or for reducing the likelihood of a user coming to serious harm. But the most effective treatment for this type of addiction is the use of other opioids, in what's known as Medication Assisted Treatment (MAT). Through controlled use of methadone or buprenorphine supplied by clinics, people with opioid addictions are able to stabilize their lives and avoid catastrophic physical harms, while maintaining responsibilities like work and family needs. Making MAT available through a doctor's office, while training doctors in their use, would reduce the harm of opioid addiction by providing a legal alternative that works -- in this case a quality-controlled opioid. Offering HAT, too -- heroin assisted treatment, or heroin maintenance, as Canada and some European countries do for people who have tried methadone or buprenorphine without succeeding -- would do more.

And that begs the question about prohibition itself. Though some may find it counterintuitive to talk about legalization as a solution to a problem driven by increased drug availability, it is the case that this opioid crisis in its entirety has transpired under the current system – a system in which all drugs of this type are illegal unless one has a prescription, and in which most people are usually not supposed to be given prescriptions. Fentanyl, which today accounts for 2/3 of US opioid deaths and has room to spread geographically and increase further, is a textbook example of the consequences of prohibition -- most people taking it, and nearly all of those who die from it, thought they were taking something else. If people who developed addiction problems had access to predictable, (relatively) safe, easy to access and financially affordable options, that might be better even than a less heavy-handed system but still prohibition-based system.

All that said, there is an opioid crisis. These three books provide an eye-opening and important look at some critical sides of the phenomenon.

Lesly-Marie Buer is a Knoxville-based harm reductionist and medical anthropologist whose RX Appalachia is a compelling examination of the socially constructed suffering of mainly poor, white women who use drugs in a cluster of eastern Kentucky counties. She spent months living in the area, followed the women to court, to drug treatment, and opioid maintenance programs, and interviewed them extensively over time.

The result is a nuanced portrayal of these women's lives and struggles as they contend with the demands of institutions of social control even as they have to deal with poverty, child custody issues, and their stigmatization as drug users and therefore bad mothers. In that very important sense, RX Appalachia gives voice to the voiceless.

It also voices an unrelenting critique of a social and political system that provides unequal access to resources, chronically underfunds services to the poor and needy -- including but not limited to drug treatment and mental health services -- and is more willing to impose social controls on these women than to help them deal with the complexities of their lives. Appalachia RX is an important contribution to our understanding of the way drug policies, as well as broader social and economic trends, play out on the bodies of these multiply oppressed women.

How some of those women got strung out in the first place is the subject matter of Death in Mud Lick, still in Appalachia and just across the West Virginia line from those Kentucky women. Charleston Gazette-Mail reporter Eric Eyre won a Pulitzer Prize for his years of doggedly chasing down the story of how drug distribution companies pumped billions of opioid pain pills into the state in just a few years, and here, he puts that reporting in book form. It's quite a tale.

Eyre starts with a single drug overdose death, and by the time he's done, has unraveled a tangled tale of negligence, indifference, and profit-driven decision-making that left 1,728 West Virginians dead of drug overdoses in a six-year period. Thanks to Eyre's journalistic persistence and to a legal team determined to get to the bottom of the flood of pain pills that overwhelmed the state (and the region and the nation), we now know that drug companies dumped some 780 million hydrocodone and oxycodone tablets into the state during that same period.

There's plenty of blame to go around. Pharmaceutical corporations such as Purdue aggressively promoted their opioid products, doctors turned medical practices into pill-prescribing machines, pharmacies blithely filled numberless prescriptions, and drug distribution companies such as Cardinal and McKesson just as blithely delivered all those pills to the pharmacies, despite warning signs.

And regulators failed to regulate. Whether it was the state Board of Pharmacy or the DEA, regulators were asleep at the switch as an opioid epidemic grew right in front of them. And state officials were compromised by ties with the pharmaceutical industry and the distributors.

Eyre tells his tale with journalistic panache, taking the reader with him as he and his struggling newspaper take on the state political establishment and the distributors in the court battles that ultimately forced the companies and the DEA to release the records that documented the deluge of opioids. Death in Mud Lick is a real eye-opener.

But for David Hertzberg, an associate professor of history at the University of Buffalo and author of White Market Drugs, Eyre's story is just the latest chapter in the long history of America's effort to control drugs. Hertzberg begins with the opioid crisis of the late 19th Century and ably describes how the competing forces seeking to deal with it -- therapeutic reformers, repressive moral entrepreneurs, pharmaceutical companies, the medical profession -- created a class- and race-based bifurcation of the world of psychoactive substances into "medicines" and "drugs."

If it was prescribed by a physician, it was medicine. If not, not. The world of legal, regulated drugs became Hertzberg's white market. The world of repressed, prohibited drugs is the familiar black market. One serves middle-class white people and is concerned with consumer safety. The other serves the poor, the unconnected, the immigrant, the people of color, whose drug use and sales are considered crimes.

The history of drugs in America is well-trodden ground, but Hertzberg brings both new revelations and a new perspective to the subject. The drug reform movement's archvillain, Harry Anslinger, the master of Reefer Madness propaganda, becomes more than one-dimensional as Hertzberg tells the story of his strict scientific approach to opioids. As head of the Federal Bureau of Narcotics, Anslinger enlisted a Committee on Drug Addiction to closely study opioids, and those scientists even developed their own new opioids (they were market flops), as well as closely measuring the addictive potential of other potential new opioid products. Here, Anslinger was acting not as the heavy-handed lawman, but as the protector of white market consumers.

And as he tells the story of pharmaceutical companies continually coming up with new psychoactive products, patterns begin to occur. After the original drug prohibition laws a century ago effectively suppressed opioid use for decades, the pharmaceutical companies came up with barbiturates in the 1930s, amphetamines in the 1940s and 1950s, benzodiazepines in the 1970s and 1980s, before hitting it big again with opioids in the OxyContin-led bonanza beginning in the 1990s and lingering like a bad hangover to the present day. In all those cases, the profit motives of the drug makers overwhelmed regulatory structures designed to protect those good, deserving consumers of the white market -- even as the drug companies demonized black market drug users for causing the problems.

Given this history of pharmaceutical and regulatory fecklessness, Hertzberg comes to a shocking, but not really surprising conclusion: Left to their own devices, profit-drive drug companies peddling addictive products will function in ways that are incompatible with the public health. In Hertzberg's words:

"Profit-driven drug markets follow a predicably damaging cycle. Companies hype new medicines as safe and beneficial and sell with insufficient regard for consumer safety; a health crisis ensues as consumers are left ill-equipped to make informed decisions; authorities respond with consumer protections and destructive drug wars; the pharmaceutical industry devises strategies to circumvent the new restrictions and start the cycle again. After umpteen repetitions of this cat and mouse game, it may be time to acknowledge the impossibility of establishing a safe, for-profit market for addictive drugs. Alternatives exist: state monopolies, for example, or public utility models. We need to consider these and other creative ideas for dramatically minimizing or even eliminating profit from psychoactive capitalism."

Whether a shift to models of that type is what's needed, or just better regulation, is a question for debate. But it's clear that ending drug prohibition isn't enough. Reimagining the white market is necessary, too.

We Just Won an Old Fight

Dear reformer,

One never knows when something good is going to happen. Last night, with the signing of the budget and stimulus bill, the drug conviction question on the federal college aid form was finally done away with -- students will no longer lose financial aid because of drug convictions, at least not automatically or in many cases. Congress also restored Pell Grant eligibility to prisoners.

Barney Frank led the fight in Congress for many years. He and nine other congresspersons spoke at our 2002 press conference.
Our fight to repeal that law -- section 1091(r) of the Higher Education Act -- began in 1998, after the law passed and before it took effect. The effort was multifaceted and long-term. We circulated a resolution adopted by student governments. We founded the Coalition for Higher Education Act Reform (CHEAR), which worked actively through most of the '00s. Through this campaign, we founded the group Students for Sensible Drug Policy (SSDP), an independent organization that plays an important role in drug policy reform. We even created a scholarship fund for students losing financial aid because of drug convictions.

All of these efforts drew attention from the media and from Congress. News stories appeared in all the major US outlets, through a campaign we carried out in partnership with SSDP. Most of the news inquiries, by design, were steered to our student partners. But we did some too -- here's a New York Times story I was quoted in. The voices of people affected by the law were key to driving public attention and to gaining more allies. Our first student spokesperson was Marisa Garcia, whose story appeared publicly for the first time in Rolling Stone magazine. Rolling Stone went on to donate advertising space for the campaign.

Now former US Rep. Barney Frank led the fight in Congress for many years, sponsoring the Removing Impediments to Students' Education (RISE) Act. He and his office energetically recruited other members of Congress to cosponsor the bill. We worked with them on several press conferences, including one in 2002 at the "Triangle" area of the US Capitol where ten members of Congress spoke, as well as representatives of leading civil rights and higher education groups. We also held a series of forums and fundraisers for the John W. Perry Fund, with members of Congress and other notable personalities. The Perry Fund supported about twenty students who'd lost their federal aid, and was covered by news outlets including BET.

Marisa Garcia in Rolling Stone magazine, 2001
In 2006, Congress scaled back the law, limiting its reach to drug law violations committed while a student was in school and receiving federal financial aid. Then in 2009, a further reform limiting it to sales convictions passed the House of Representatives. That was included in a Senate higher education bill too. The section of that bill that included the reform got stripped from the final legislation, after Democrats combined their student aid bill with the health care reform bill as part of their strategy to pass both in 2010.

What's interesting about what almost happened in 2009/2010 was that by that time, our work had already put the provision solidly on the radar of members of Congress. It was congressional staffers who contacted lobbyists who were active with the coalition that time, not the other way around, to tell them they were already planning to take it up and had figured out what they could do. We'd also been successful in communicating our message that partial changes to the law were good but not enough.

Changes in Congress made it less clear after that, when the next chance to repeal the law would be. It had also become clear to us that further work had to be done by groups with full-time legislative staff who could lobby on other issues too. We continued to contribute as we could to the effort, but we mostly left the lead to groups in education and drug policy and criminal justice who are funded in that way. I'm thankful that some of them did so and that this was able to happen.

I'm also grateful to people who supported our campaign, and to the many past staff of our own organization who poured themselves into it through the years. One of them called the news of the law's repeal "a random ray of light." But the unexpected usually isn't random -- it was made possible in part through work done by him and others. I'm especially grateful to the students and would-be students who agreed to our publicizing their stories. More of the history can be found on the web site for the campaign, RaiseYourVoice.com.

the language eliminating the drug conviction question
We have continued to do our work in much the same way as we did on our Higher Education Act campaign. We pick issues that are important but where there are important roles not already being played by other organizations. We organize coalitions. We do targeted work like media-worthy events and lobbying selected members of Congress. We find the pressure points where the smaller resources can make a larger impact. We support and build up our partners and allies, so their strength can be brought to bear on these efforts too. And we reach out for new allies, as the new issues we take on present those opportunities.

The last few years a lot of this work has been on the international policy front. We've organized nine events at official international meetings. The latest, on the International Criminal Court and the murderous drug war in the Philippines, was covered in that country's media last week. Our work before a major UN drug meeting was covered by the Washington Post and other media.

Click here, here and here to read about our work on human rights in the drug war, democracy and rule of law, the issue of marijuana legalization within the UN drug treaties, and other drug policy issues at the UN.

We continue to raise funds for our end-year $10,000 matching grant, on which we have $4,000 left to go. I hope if you haven't contributed recently that you might do so over the next few days. A donation to our 501(c)(3) nonprofit, DRCNet Foundation is tax-deductible, and can be done online here by credit card, PayPal or ACH. Note that even if you don't itemize your taxes, under pandemic rules you can deduct up to $300 total above-the-line for charitable gifts in 2020.

A non-deductible contribution to our 501(c)(4) nonprofit, Drug Reform Coordination Network would also count toward the matching grant, and can be made here. This would support our congressional outreach, legislative action alerts, and the technical publishing costs for our newsletter.

You can also send a check or money order, if you prefer, to us at P.O. Box 9853, Washington, DC 20016. Please make sure to indicate whether it's tax-deductible for DRCNet Foundation, or non-deductible for Drug Reform Coordination Network. There's also info on how to donate stock shares on our web site here.

Thank you for your support, and the work continues.

Sincerely,

David Borden, Executive Director
StoptheDrugWar.org
P.O. Box 9853, Washington, DC 20016
https://stopthedrugwar.org

Congress Restores Financial Aid for Students with Drug Convictions, CA Fentanyl Task Force Bill Filed, More... (12/22/20)

Cook County's new State's Attorney is talking the progressive talk.
Heroin and Prescription Opioids

California Bill to Create Law Enforcement Fentanyl Task Force Filed. State Senator Pat Bates (R-Laguna Niguel) has reintroduced a bill, Senate Bill 75, that would establish a "Southern California Fentanyl Task Force" chaired by the attorney general to heighten law enforcement agency coordination, recommend changes to state laws and bring a state-wide caliber of expertise to the issue. The task force would focus on Los Angeles, Orange, Riverside, San Bernardino and San Diego counties. Cosponsors include one Democrat and two Republicans. The bill is also supported by Orange County Sheriff Don Barnes.

Psychedelics

Sheri Eckert, Co-Petitioner for Oregon Psilocybin Therapy Initiative, Dies Suddenly. One of the architects of the pioneering Oregon psilocybin therapy initiative, Measure 109, which was approved by voters last month, has died. Sheri Eckert and her husband Tom were the impetus behind the measure. She died last Thursday night of an apparent heart attack. She was 59.

Drug Policy

Illinois' Cook County State's Attorney Wants to Expunge Marijuana Dealing, Heroin & Cocaine Possession Convictions. In an interview with the Chicago Sun-Times, Cook County (Chicago) State's Attorney Kim Foxx advocated for the automatic expungement of pot dealing convictions and, going a step further, for expunging heroin and cocaine possession convictions, too. Her office has already automatically wiped out the records of more than 2,200 pot possession convictions, and she said she wants to use that bureaucratic infrastructure to find and expunge pot dealing convictions. "No, they didn't have a license. And no, it wasn't legal. But it was the only economy that they had," she said, noting that legal marijuana firms are now "doing the exact same thing and making a ton of money." She also said she would advocate for expunging heroin and cocaine possession convictions as part of a progressive approach to handling problematic drug use. "If we recognize substance abuse disorder as a health condition, then we must modify our justice system to treat it as such," Foxx said. "Criminalizing health is not in the interest of public safety."

Higher Education

Congressional Spending Bill Restores Financial Aid for Students with Drug Convictions. The massive spending bill approved by both the House and Senate Monday would eliminate the provision that disqualifies some students from obtaining federal financial aid because of past drug convictions. It does so not with any new language, but simply by eliminating the clause in the law that created the drug provision and accompanying question on the Free Application for Federal Student Aid (FAFSA). The bill also restores Pell Grant eligibility to prisoners.

In Historic Move, House Votes to End Federal Marijuana Prohibition [FEATURE]

Breaking almost entirely along party lines, the House on Friday voted to approve the Marijuana Opportunity Reinvestment and Expungement Act of 2019 or the MORE Act of 2019 (HR 3884). The vote was 228 to 164, with only a handful of Republicans voting "aye" and a handful of Democrats voting "nay."

Friday was an historic day on Capitol Hill. (Creative Commons)
The MORE Act would effectively end federal pot prohibition by removing marijuana from the Controlled Substances Act's list of scheduled substances and eliminating federal criminal penalties for its possession, cultivation and sale. The bill would not affect state laws that criminalize marijuana, but it would end the conflict between states that have already legalized marijuana and federal law.

The bill also includes strong social equity provisions, including the creation of a fund to support programs and services for communities devastated by the war on drugs, a provision for expungement of past federal marijuana offenses, and a provision that bars the federal government from discriminating against people for marijuana use. The latter would protect immigrants from being deported for past marijuana convictions and would ensure that earned benefits are not denied to marijuana users.

The historic vote marks the first time either chamber of Congress has voted for legalization. But there is virtually no chance that the Republican-led Senate will take up -- let alone approve -- the measure in the remaining days of this session, meaning this is a battle that will continue in the next Congress.

Still, drug policy reformers were quick to celebrate the victory.

"Today's vote marks a historic victory for the marijuana policy reform movement. It indicates that federal lawmakers are finally listening to the overwhelming majority of Americans who are in favor of ending prohibition and comes at a critical time as this important measure addresses two key challenges we currently face," Marijuana Policy Project executive director Steven Hawkins said in a statement moments after the vote ended.

"Serious criminal justice reform cannot begin in our country without ending the war on cannabis," Hawkins continued. "The MORE Act would set federal marijuana policy on a path toward correcting an unfair system and help restore justice to those who have been victimized by prohibition. This legislation would also help address our country's fiscal and economic challenges by empowering states to implement programs that can stimulate economic growth and generate new tax revenue at a time when both are desperately needed. We call on the Senate to listen to the American people and pass the MORE Act without delay."

"This is HUGE!" said the National Organization for the Reform of Marijuana Laws (NORML) in a blog post announcing the vote. "This is an historic day for marijuana policy in the United States. This vote marks the first time in 50 years that a chamber of Congress has ever revisited the classification of cannabis as a federally controlled and prohibited substance, and it marks the first time in 24 years -- when California became the first state to defy the federal government on the issue of marijuana prohibition -- that Congress has sought to close the widening chasm between state and federal marijuana policies."

"The criminalization of marijuana is a cornerstone of the racist war on drugs. Even after a decade of reform victories, one person was arrested nearly every minute last year for simply possessing marijuana," Maritza Perez, director of the Office of National Affairs at the Drug Policy Alliance (DPA) said in a statement. "Today the House took the most powerful step forward to address that shameful legacy. But the MORE Act as passed is imperfect, and we will continue to demand more until our communities have the world they deserve."

DPA is particularly irked by the insertion of language during the legislative process that limits expungement and resentencing provisions to people with nonviolent marijuana offenses and language that blocks people with marijuana felony convictions from fully participating in the industry. The group said in the statement that it would work with Congress next session "to remove these additions and pass a bill that fully aligns with our principles."

"Getting to this point definitely gives us hope, but the fight is far from over. We will continue to build support for an even stronger, and more inclusive bill in the next session," Queen Adesuyi, policy manager for DPA's Office of National Affairs, said in the statement. "We are grateful that members of Congress have rightly come to the realization that the drug war has exacerbated the racial injustices in this country and ending marijuana prohibition is a concrete tangible action they can take to benefit our communities now."

Not everyone was happy, though. America's leading anti-pot activist, Kevin Sabet, president and co-founder of Smart Approaches to Marijuana lashed out at the vote and the House leadership in a statement that called it "a useless show vote."

"The pot industry has won a post-season exhibition game, but they're treating it like Game 7 of the World Series," he snarked. "The bill is a smokescreen for Altria Phillip Morris and their Big Tobacco gang of investors. As we have seen in state after state, marijuana commercialization does not lead to any tangible benefit for disadvantaged communities and social equity programs continue to be manipulated. Legalization simply results in rich, overwhelmingly white men getting richer while using predatory marketing tactics to expand substance abuse in the communities that were somehow supposed to benefit. Big Pot doesn't care about social justice or equity, its only concern is profit."

But while Sabet goes on about his mythical "Big Pot," he neglects to mention who actually supports the bill: the American people. In the latest Gallup poll, released less than a month ago, 68% said they wanted legal marijuana. They may have to wait for NORHWWE Congress to get in done at the federal level, but passage of the MORE Act is in line with what the public wants, even if prohibitionists don't wish to acknowledge that.

The Drug Policy Alliance is a funder of Drug War Chronicle.

Washington, DC
United States

Study Finds Drug Use Rose During Pandemic, San Francisco Sues to Block Dealers from Tenderloin, More... (9/25/20)

The Michigan legislature is moving forward on a couple of fronts, San Francisco prosecutors try suing Tenderloin drug dealers, and more.

Police in San Francisco's Tenderloin neighborhood. (AdamChandler86/Creative Commons)
Marijuana Policy

Michigan Legislature Passes Expungement Bill. A bill that would automatically expunge criminal records for those convicted of marijuana offenses has passed the legislature. Under the bill, people convicted of those offenses would not have to apply and their records would be cleared seven years after their misdemeanor sentence or 10 years for a felony offense. The bill is part of a six-bill package, which Gov. Gretchen Whitmer is expected to sign into law, also would allow people with misdemeanor marijuana convictions to clear the offenses sooner if they would not have been considered crimes after voters' legalization of marijuana in 2018. They could start applying 180 days after the law is enacted -- late March or early April.

Drug Policy

Drug Use Rose During Pandemic, Study Finds. A study published Wednesday in the American Medical Association's JAMA Network found that drug test positivity rates for cocaine, fentanyl, heroin and methamphetamine have increased nationwide during the COVID-19 pandemic. Coauthored by the Department of Health and Human Services and Millennium Health, the study was based on urine drug test results from 150,000 patients between Nov. 14 and July 10. The study found that people were 19% more likely to test positive for cocaine, 67% more likely to test positive for fentanyl, 33% more likely to test positive for heroin, andd 23% more likely to test positive for methamphetamine.

Michigan Bill to Lift SNAP Drug Felony Ban Advances. A bill that would end the state's permanent ban on food assistance for people with two or more drug convictions passed out of the Senate Families, Seniors and Veterans committee this week. The measure, SB 1006, is sponsored by State Senate Minority Leader Jim Ananich (D-Flint), and is now headed for a Senate floor vote.

San Francisco Sues 28 Tenderloin Drug Dealers, Seeks to Ban Them from Area. The city has sued 28 alleged drug dealers in the Tenderloin, where drug dealing and open drug use is common, in a bid to clean up the area. City Attorney Dennis Herrera said the lawsuits would bar the defendants from a 50-square-block area of the Tenderloin and part of the adjoining South of Market neighborhood. Of the 28 defendants, 27 live outside the city, and all have multiple arrests for sale or possession of cocaine, methamphetamine, heroin and fentanyl.

State Treasurers Lobby for Marijuana Banking in COVID Bill, Journalists Harassed in Colombia, More... (8/18/20)

A coalition of state treasurers is urging Congress to pass marijuana banking reforms as part of any coronavirus relief package, Arizona's Maricopa County improves the way it handles smalltime pot busts, and more.

Can the marijuana industry catch a break with the coronavirus relief bill? (Creative Commons)
Marijuana Policy

State Treasurers Group Lobbies for Marijuana Banking in Coronavirus Bill. A coalition of state treasurers from around the country are calling on Congress to include marijuana banking reforms in the next coronavirus relief package. The move would boost the economy by giving it a much-needed infusion of capital, while protecting workers in the sector, the treasurers argued. The House included the SAFE Banking Act in the relief bill it passed in May, but Senate Majority Leader Mitch McConnell (R-KY), who has long opposed marijuana reforms, sharply criticized House Democrats for including marijuana in the bill. Negotiations on the relief bill are currently going nowhere.

Arizona's Most Populous County Will Defer Pot Possession Prosecutions if Offenders Get a Medical Marijuana Card. Maricopa County (Phoenix) Attorney Allister Adel has announced that anyone who gets arrested in Maricopa County on a simple marijuana possession charge can apply for a medical marijuana card to avoid prosecution. "In cases where the defendant was not in compliance with the AMMA [Arizona Medical Marijuana Act] at the time of the crime solely because the person did not have a valid medical marijuana card, MCAO will dismiss a charge involving any crime covered by the AMMA if the defendant obtains a medical marijuana card and provides proof by the [initial pretrial conference]," the new policy says. That's a vast improvement over past practice under former County Attorney Bill Montgomery. Under the reign of Montgomery and his predecessors, low-level, first- and second-time marijuana offenders were sent to a drug treatment program called TASC, where they would shell out thousands of dollars and submit to frequent urine tests. The county attorney's office would get a cut of the profits.

Drug Policy

Minneapolis Suburb Repeals "Crime-Free, Drug-Free" Ordinance. The city council in the Minneapolis suburb of St. Louis Park voted unanimously Monday to repeal a controversial housing ordinance that police used to order landlords to evict tenants over suspected criminal activity. Tenants who were never convicted or even charged with a crime lost their housing, and once a local news station went public with its investigation, the city council moved quickly to repeal the policy.

International

Committee to Protect Journalists Calls for Investigation After Colombian Soldiers Shoot at Journalist, Threaten Reporters Covering Coca Protests. The Committee to Protect Journalists called Monday for Colombian authorities to undertake a thorough and transparent investigation into an incident where soldiers fired weapons at journalists Fernando Osorio and Edilson Álvarez as they covered a coca grower protest, then detained them for six hours and accused them of being left-wing guerrillas. "Colombian authorities should thoroughly investigate soldiers' brazen attacks on journalists Fernando Osorio and Edilson Álvarez and ensure that all those responsible are held to account," said CPJ Central and South Americas Program Coordinator Natalie Southwick, in New York. "The fact that this is the second shooting attack by soldiers on Osorio highlights the disregard that some in the Army appear to have for journalists. Impunity in these attacks will only perpetuate violence against journalists."

COVID Impacts Cocaine Trade, Bolsters Dark Web Drug Market, More... (5/28/20)

Coronavirus is having differential impacts on the illicit drug trade, Michigan groups push to end the state's drug felon foodstamp ban, Colombian rebels call for a coronavirus ceasefire, and more.

Coca prices are down because of the pandemic, but the cocaine trade keeps on keeping on. (Pixabay)
Marijuana Policy

Arkansas Marijuana Legalization Initiative Campaign Gets Boost from Federal Judge's Signature-Gathering Ruling. A federal judge ruled Monday that a marijuana legalization initiative campaign, Arkansans for Cannabis Reform, can do electronic signature-gathering because of excessive burdens on in-person signature-gathering due to coronavirus pandemic social distancing. The judge ruled that the secretary of state must accept signatures not gathered in person or notarized. The campaign says it was on a path to gather sufficient signatures before in-person signature-gathering was suspended. It has until July 3 to hand in signatures.

Drug Policy

Michigan Bill Would Hike Heroin, Fentanyl Sales Penalties. State Rep. Brian Elder (D-Bay City) has filed a bill, HB 5627, that would increase penalties for the manufacture and delivery of heroin, fentanyl, and other synthetic opioid drugs. The bill is now before the House Judiciary Committee.

Michigan Groups Call on Governor to End Food Stamp Ban for Drug Felons. A coalition of 25 organizations led by the Center for Employment Opportunities is calling on Gov. Gretchen Whitmer (D) and legislative leaders to end a longtime state policy that permanently bans residents with two or more drug felony convictions from receiving food stamps. The ban is federal, but most states have already moved to receive waivers to avoid enforcing it. The groups say the ban makes it more difficult for people to make the transition from prison to civilian life.

International

Coronavirus Drives Dealers Online as Drugs Supply Soars. The cyber intelligence company Sixgill is reporting that dark web drug sales offers soared nearly 500% over the first few months of this year as drug dealers took to the web to continue doing business in a time of social distancing. The number of drug items for sale on dark websites monitored by Sixgill jumped from 4,154 in December 2019 to more than 24,000 by April 2020. MDMA postings more than doubled, marijuana postings increased more than five-fold, and cocaine postings jumped 10-fold. "Feedback, while an imperfect metric for purchase volume, is a reliable indicator of the rate of transactions," Sixgill explained. "Feedback volume for cannabis, cocaine, and MDMA all nearly doubled over the past half year."

Coronavirus Hits the Cocaine Supply Chain. The coronavirus pandemic is destabilizing the delicate balance in the Andes that the cocaine trade relies on. Lockdowns enforced by soldiers and police have caused trafficking routes to constrict, driving down the price of coca for the more than 237,000 families in Colombia, Peru, and Bolivia who depend on it. In the latter two countries, the price of coca has dropped to from one-third to one-sixth of previous levels. "We're concerned about feeding our families because the price of coca continues to drop," said Bolivian coca union leader Albino Pinto. "We face restrictions in moving coca and other goods to the central market. This is blocking both local consumption and export, but our production continues at the same level." But the cocaine trade continues: "Drug traffickers have become more agile in shifting routes and modifying strategies," according to Kathryn Ledebur of the Andean Information Network. "Given the harsh reality for those who survive at the lowest rungs of the cocaine trade, pandemic control, just like drug control doesn't stop this business."

Colombia ELN Rebels Would Back Temporary Ceasefire to Help Contain Spread of Coronavirus. The National Liberation Army (ELN), which remains in rebellion against the government in Bogota and is involved in coca and cocaine production, has said it would be willing to take part in a three-month ceasefire to help quash the coronavirus. United Nations Secretary General Antonio Guterres called for a global ceasefire back in March. The ELN said it was waiting for a response from the government of President Ivan Duque.

Fixing the Federal Criminal Justice System: The Establishment Weighs In [FEATURE]

In a just issued report on reforming the federal criminal justice system, a blue-ribbon task force of the nonpartisan Council on Criminal Justice calls for sweeping changes in the system from its approach to drug offenses to significant sentencing changes, support for getting ex-inmates successfully reintegrated into society, and more.

To make things better in the federal criminal justice system, Congress has some work to do. (Creative Commons)
Formed in July 2019, the Council on Criminal Justice is relatively new on the scene but contains some real heavy hitters. The co-chairs of its advisory board of directors are former US Assistant Attorney General Sally Yates and Koch Industries Senior Vice President Mark Holden, while its founding president is criminal justice expert Adam Gelb and the chair of its board is former head of the Justice Department's Office of Justice Programs Laurie Robinson.

The members of the task force that issued the report, Next Steps: An Agenda for Federal Action on Safety and Justice, are also prominent figures from across the political spectrum. They include former Georgia Gov. Nathan Deal, former Philadelphia Mayor Michael Nutter, former Washington, DC and Philadelphia police chief Gordon Ramsey, American Conservative Union general counsel David Savakian, former director of the Open Society Foundation's Addiction Program's Dr. Kima Taylor, as well as Yates and Holden.

Noting in the report's executive summary that both crime and incarceration rates have receded -- although with a considerable lag between the two -- and that the federal prison population finally peaked in 2013, they write that "[y]et there is broad agreement across the political spectrum that more must be done to make communities safe and guarantee justice -- not just by states and localities, where the majority of the criminal justice system operates, but also by the federal government, which runs the country's largest correctional system and helps set the tone of the national conversation."

The task force sought "to craft a consensus view of the actionable, politically viable steps that the federal government can take now and in the near future to produce the greatest improvements in public safety and the administration of justice." With a nod to the ongoing pandemic, the task force noted that although it "concluded its deliberations before the outbreak of COVID-19, several of the recommendations are highly relevant to the federal response, in the short term and beyond."

So, what does this consensus view on federal criminal justice reforms look like?

The task force came up with 15 policy recommendations for actions by the legislative, executive, and judicial branches, along with detailed rationales for each and equally detailed plans for implementing them. Here are some of the highlights:

Marijuana Policy

Reflecting the task force consensus but not quite catching up with public opinion, which now consistently favors legalization in opinion polls, the task force calls not for federal marijuana legalization but for instead allowing states to set their own marijuana policies through a system of waivers. It finds the status quo where "states are, in effect, licensing individuals and businesses to commit federal felonies" as untenable as "states and the industry continue to operate under an illusion of sovereignty where circumstances can change at any moment."

Instead, they recommend formalizing the status quo, acknowledging that states can enact legalization without fear of federal interference, unless and until marijuana is rescheduled or legalized at the federal level.

Sentencing Policy

The task force makes a number of pointed recommendations when it comes to sentencing policies that have made the land of the free the home of the world's largest prison population. They note that the US Sentencing Commission, which is responsible for setting guidelines for federal prison sentences, is currently paralyzed and "has been unable to modify sentencing guidelines to reflect current law, including the bipartisan reforms of the FIRST STEP Act of 2018," because the Trump administration has failed to fill vacancies on it.

The task force's recommendation here is: "The President and the Senate should fully reconstitute the US Sentencing Commission so it can fulfill its statutory duties to make necessary and timely adjustments to the sentencing guidelines, make recommendations to Congress for needed changes to federal criminal and sentencing statutes, and conduct research on the policies and operations of the federal sentencing and corrections systems."

One of the main drivers of the mushrooming federal prison population -- it grew from 24,000 in 1980 to nearly 220,000 before peaking in 2013 -- is mandatory minimum sentences for drug offenders, leaving federal prisons stuffed "not just with major traffickers but also with thousands of lower-level players in the drug distribution chain, a disproportionate number of whom are minorities," the task force notes.

While, over the years as the incarceration fever began to break, various efforts to mitigate the pernicious effects of mandatory minimums were implemented (and have helped reduce the number of federal prisoners), the task force is ready to be done with them. "Congress should eliminate mandatory minimum sentencing laws for all drug crimes and consider eliminating non-drug mandatory minimums while refraining from enacting any new mandatory minimums pending study," it recommends.

Also on sentencing, the task force notes that neither Congress nor the courts have acted to restrict judges from sentencing someone based on conduct for which they have been acquitted in court, a practice that mainly occurs in drug conspiracy cases. The task force calls on the US Sentencing Commission to amend federal sentencing guidelines to prohibit such sentencing.

And the task force is calling for federal prisoners serving lengthy sentences approved by "tough on crime" legislation in the 1980s and 1990s to be able to appeal to have their sentences reconsidered after serving at least 15 years, with a chance for review every 10 years after that.

Reentry

Giving federal offenders a chance of actually succeeding on the outside upon their release from prison is another main focus of the task force. It starts with recommending that Congress ensure the Bureau of Prisons is working as it should by creating "an independent performance, oversight, and accountability board (Board) to oversee and advise the Bureau of Prisons (BOP)."

To help prisoners prepare for post-carceral careers while still behind bars, the task force calls for the restoration of Pell grants and other expanded educational opportunities, and it recommends several measures to increase their chances once they're back on the street. Among them are sealing low-level criminal records from public view to help employment prospects, expanding public housing access for people with convictions, and providing guidance on closing Medicaid reentry gaps.

The task force also calls for Congress "to support and incentive increased access to residential and community-based treatment services that are evidence-based, including access to Medication-Assisted Treatment (MAT) in order to strengthen reentry programs, prevent recidivism, and promote better health outcomes."

The Council on Criminal Justice is about as establishment and mainstream as it gets. When people like this are shouting for the federal criminal justice system to be fixed, you know it needs to be fixed (if you didn't already). The task force has shown us what needs to be done; now it's up to Congress, the courts, and the administration to act. We shall see.

Chronicle AM: Drug Policy Alliance Names New Leader, HI House Passes Drug Defelonization Bill, More... (3/4/20)

The Drug Policy Alliance has a new executive director, Mexico's effort to legalize marijuana stalls in the Senate, the Oklahoma House moves to regulate kratom, and more. 

Kassandra Frederique is the new executive director of the Drug Policy Alliance. (DPA)
Kratom

Oklahoma House Passes Bill to Regulate—Not Ban--Kratom. The House on Monday passed House Bill 2846, which would regulate kratom. The measure now heads to the Senate.

Drug Policy

Drug Policy Alliance Names Kassandra Frederique as New Executive Director. Ten-year Drug Policy Alliance veteran Kassandra Frederique has been named executive director of the group following the resignation of Maria McFarland Sanchez-Moreno earlier this year. Frederique was managing director of policy, advocacy, and campaigns before being named executive director. "Kassandra is well suited to lead DPA," the group said in a press release. "Kassandra started at DPA a decade ago as an intern. Her exemplary work propelled her meteoric rise through the organization... In New York, she ran the campaign that reduced marijuana arrests in NYC by 84%. Through strategic advocacy, she shifted the politics around the issue, even bringing skeptic Gov. Cuomo around to the point that New York is now poised to legalize. Kassandra is the architect of innovative campaigns to roll back mass criminalization and expand the debate around overdose. Her voice leads national conversations about the complex interplay between race and the overdose crisis."

Hawaii Senate Approves Drug Defelonization Bill. The Senate on Tuesday approved a bill that turns low-level drug possession felonies into misdemeanors. House Bill 2581 would create a new fourth degree misdemeanor category for people caught with less than two grams of a controlled substance. Currently, possession of any amount of drugs except marijuana is a felony. The bill now heads to the House for consideration.

Idaho House Passes Bill Relaxing Mandatory Minimums for Heroin, Enacting Them for Fentanyl. The House on Monday passed House Bill 469, which relaxes mandatory minimum sentences for heroin, but added them for fentanyl. In the last two legislative sessions, the House voted to end mandatory minimums, but those bills never moved in the Senate. Now, we'll see if this one does.

International

Mexico Marijuana Legalization Stalled in Senate. With less than two months to meet a Supreme Court deadline to legalize marijuana, legislation to get it done has stalled in the Senate. That's according to opposition Senator Miguel Angel Mancera, who said there is no consensus between the parties. “[Legislation for] recreational use is not moving. It’s more difficult than outsourcing,” the former Mexico City mayor said, referring to a congressional battle over outsourcing last year.

Fentanyl Trade Fuels Cartel Battle in Central Mexico. Five competing drug trafficking groups are fighting over control of the fentanyl trade in the north-central state of Zacatecas, and it's leaving a toll of dead. The number of killings in the state reached 666 last year, more than double the figure from a decade ago. The Jalisco New Generation Cartel and the Sinaloa Cartel dominate the trade, but three other groups are trying to muscle in. They are the Gulf Cartel and two offshoots of the Zetas, known as the Talibanes and the Northeastern Cartel.

The Drug Policy Alliance is a funder of StoptheDrugWar.org.

Chronicle AM: Mexico Legal Pot Bill Set to Move, Los Angeles DA Clears 66,000 Pot Convictions, More... (2/14/20)

The clock is ticking on getting marijuana legalization done in Mexico, a Pennsylvania patient fights for the right to have access to public housing, the LA DA clears 66,000 old pot convictions, and more.

Marijuana legalization draws ever nearer in Mexico. (Creative Commons)
Marijuana Policy

Pennsylvania Lawmaker Announces Planned Marijuana Legalization Bill. Rep. Jake Wheatley (D), who filed an unsuccessful legalization bill last year, has announced in a letter to colleagues that he will try again this year. Wheatley's bill would create a system of taxed and regulated marijuana commerce, with a 10% wholesale tax on business-to-business transactions and a 6% retail sales tax that would rise to 12% after two years and 19% after another two years. The bill would also expunge past marijuana convictions and promote social equity and restorative justice.

Los Angeles County District Attorney Clears 66,000 Marijuana Convictions. District Attorney Jackie Lacey announced Thursday that she had secured the dismissal of some 62,000 felony marijuana convictions and 4,000 misdemeanor convictions. Her announcement came after she filed motions last week to erase those convictions and Los Angeles County Superior Court Judge Samuel Ohta signed the order on Tuesday.

Medical Marijuana

Pennsylvania Patient Fights for Right to Stay in Public Housing. Medical marijuana patient Mary Cease has no criminal record and a low income, but the Housing Authority of Indiana County has twice denied her application for Section 8 housing because Section 8 is a federal program and federal law considers marijuana to be illegal, period. She sued and lost in the Court of Common Pleas last April, but has appealed, and on Thursday, a panel of three Commonwealth Court judges heard oral arguments in her case. Her attorneys asked them to reverse the lower court decision and order Indiana County to give her access to Section 8 housing. No decision is expected for weeks, and final resolution of the case could take months.

International

Key Mexican Lawmaker Says Marijuana Legalization Bill Will Be Approved This Month. Sen. Julio Menchaca of the ruling MORENA Party and head of the Senate Justice Committee said a bill to legalize marijuana was "already circulated to members" of key legislative panels and that "we hope to get it out in the Senate this month." Under a Supreme Court ruling, the Congress has until April to get it done. If the bill indeed passes the Senate this month, it would still have to be approved by the Chamber of Deputies.

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