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House Passes Defense Bill with Psychedelic Research Amendments, FL Bans Tianetpine, More... (9/28/23)

A broad range of advocacy groups is calling on Congress to support a bill to allow temporary scheduling and testing of fentanyl analogs, Maine's largest city moves toward natural psychedelic decriminalization, and more.

Zaza, a product containing the opiate-like drug tianeptine, is now banned in Florida. (Creative Commons)
Opiates and Opioids

Rights Groups Call on Congress to Support Fentanyl Analog TEST Act. A long list of health policy, drug policy, criminal justice reform, civil and human rights, and advocacy organizations have sent an open letter to the Senate calling on members of that body to cosponsor and support the Temporary Emergency Scheduling and Testing of Fentanyl Analogues Act of 2023 (TEST Act). This bill would allow the Drug Enforcement Administration (DEA) to place new fentanyl-related substances (FRS) in Schedule I for up to four years, during which time the Department of Justice (DOJ) and Health and Human Services (HHS) would have to conduct a scientific and medical evaluation of each substance and publicly report the findings.

"Congress has preemptively placed all FRS on Schedule I of the Controlled Substances Act (CSA) as a class – even those that do not exist," the signatories wrote. "Congress has considered circumventing the scientific research requirements under current law by passing bills such as the HALT Fentanyl Act (H.R. 467), which would automatically designate any FRS as dangerous without studying a substance at all. Temporary scheduling authority is intended to allow the DOJ the time to conduct the scientific and medical evaluations it is required to by law. By allowing DOJ to designate the entire class of FRS as Schedule I without conducting scientific and medical research, Congress may inadvertently leave undiscovered therapeutic medications similar to naloxone and other life-saving medications at a time when the U.S. is facing record numbers of overdose deaths.

"We believe Congress should pass the TEST Act, which would create a statutory period of up to four years for the DOJ to conduct the scientific and medical evaluation of a substance, facilitate the research of FRS, and ensure that substances are placed on the drug schedule according to their scientific profile and potential for abuse."

Signatories include the American Civil Liberties Union, the Center for Law and Social Policy (CLASP), the Drug Policy Alliance, Human Rights Watch, the Leadership Conference on Civil and Human Rights, the National Council of Churches, the National Harm Reduction Coalition, the Prison Policy Initiative, StoptheDrugWar.org, the Sentencing Project, and the Washington Office on Latin America.

Psychedelics

House Approves Psychedelic Research Amendments as Part of Defense Spending Bill. The House voted Wednesday to approve the annual defense appropriation bill, which included two amendments opening the door to research on psychedelics.

The first, sponsored by Reps. Morgan Luttrell (R-TX) and Dan Crenshaw (R-TX), would provide $15 million in funding for DOD to carry out "Psychedelic Medical Clinical Trials."

The second amendment, from Crenshaw alone, lays the parameters for the trials, which would involve active duty service members with post-traumatic stress disorder (PTSD) or traumatic brain injuries (TBI). The Defense Health Agency would need to send a report to Congress with its findings.

Portland, Maine, Advances Proposal to Decriminalize Psychedelic Plants and Fungi. The city council's Health and Human Services and Public Safety Committee voted unanimously last week to advance a resolution that would decriminalize natural psychedelic plants and fungi. The full council is expected to vote on the resolution by mid-October.

In approving the resolution, the committee also amended it to allow for home cultivation for personal use and sharing without compensation. Selling or dispensing the substances would remain a criminal offense.

The plants and fungi covered by the measure, backed by organizers at Decriminalize Maine, include those containing psilocybin, psilocyn, ibogaine, mescaline (except peyote), and dimethyltryptamine (DMT). Peyote is excluded "in light of its vulnerable ecological status, combined with its religious and cultural significance to Indigenous peoples."

The resolution says "that City of Portland departments, agencies, boards, commissions, officers or employees of the city should avoid using city funds or resources to assist in the investigation, criminal prosecution or the imposition of criminal penalties" for the use, possession, cultivation, or sharing of small amounts of the substances "shall be among the lowest law enforcement priority of the City of Portland."

Drug Policy

Florida Bans Tianeptine. Attorney General Ashley Moody (R) has announced an emergency ban on tianeptine, which is regulated and used as a tricyclic antidepressant in over 60 countries but is unregulated in the US. Sold at gas stations and convenience stores under product names such as Zaza, the drug is known colloquially as "gas station heroin" because it causes opioid-like withdrawal symptoms in some users.

"We filed an emergency rule to outlaw tianeptine, an extremely dangerous chemical being sold at gas stations, convenience stores and smoke shops in our state. Tianeptine is linked to five deaths nationwide. And so far this year, Florida’s Poison Control Center has fielded 15 calls about exposure to this drug," Moody said. 

Her action places tianeptine in Schedule I, meaning it becomes a felony to use, possess, manufacture, or distribute the drug.

Alabama, Tennessee, Minnesota, Georgia, Oklahoma, Michigan, Indiana, Kentucky, Ohio, and Mississippi have already banned tianeptine. 

The ban is temporary, but Moody said she would work with the legislature to make the ban permanent in the next legislative session.

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

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

Drug Policy

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

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

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

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

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

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

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

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

International

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Opiates and Opioids

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

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

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

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

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

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

Harm Reduction

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

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

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

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

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

International

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

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

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

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

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

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

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

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

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

Drug Policy

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

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

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

International

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

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

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

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

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

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

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

Public intoxication remains a crime.

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

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

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

Chronicle Book Review: Whiteout

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

International

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Foreign Policy

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

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

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

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

Law Enforcement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Opiates and Opioids

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

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

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

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

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

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

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

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

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

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

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

Foundations

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

Prevention

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

Harm Reduction

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

Treatment

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

Recovery

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

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

Supreme Court Puts Hold on Sackler OxyContin Settlement, Ecuador Killing Linked to Drug Gangs, More... (8/11/23)

The NAACP reiterates its call for marijuana legalization and adds a call for workers' rights, Ron DeSantis doubles down on harsh rhetoric directed at Mexican drug cartels, and more.

OxyContin (Creative Commons)
Marijuana Policy

NAACP Renews Support for Marijuana Legalization, Adds Call to Protect Industry Workers' Rights. That National Association for the Advancement of Colored People (NAACP) has adopted a resolution reiterating its support for federal marijuana legalization and added a new call to protect workers' rights in the fledgling industry. The resolution was adopted late last month at the NAACP's 114th National Convention.

"NAACP calls for the legalization and de-scheduling of cannabis at the federal level and reaffirms its past resolutions on cannabis, the cannabis industries, decriminalization, and equity, and expresses an intent to advocate for federal, state, and local medical and adult-use cannabis legislation that includes labor peace agreements as a condition of licensure," the resolution says.

In the call to protect workers' rights, the resolution points out that "the majority of people in the cannabis industry will be workers rather than owners" and advocates that "the workers who grow, process, test, distribute, and sell cannabis deserve a fair and safe workplace and family-sustaining job like every other worker."

And that means union representation, the resolution said: "Access to union representation, training and apprenticeship will help ensure that a broad range of workers can benefit from the cannabis industry, especially workers from communities that have been disproportionately impacted by cannabis prohibition in the past," it says.

Opiates and Opioids

Supreme Court Temporarily Blocks Purdue Pharma Bankruptcy Deal that Protects Sackler Family. The US Supreme Court on Thursday put a hold on a bankruptcy deal with Purdue Pharma, the manufacturer of OxyContin, that capped liability for the Sackler family, which owns Purdue Pharma, at $6 billion and would have shielded family members from any further civil lawsuits over the opioid epidemic sparked by the introduction and massive marketing of OxyContin.

The Supreme Court issued the order in response to a Justice Department filing objecting to the settlement. The department argued that it allowed Sackler family members to hide behind legal protections meant for debtors in "financial distress," not billionaires. It said it would hear arguments in December to seek whether the settlement complies with the US bankruptcy code.

Under the deal, the Sacklers had agreed to pay billions in exchange for full immunity from all civil cases. The Supreme Court's order is likely to delay payments to the thousands of plaintiffs who have sued Purdue Pharma and the Sacklers.

Foreign Policy

Ron DeSantis Says He Is Open to Using Drones Against Mexican Drug Cartels. Florida Gov. Ron DeSantis (R), who is seeking the Republican presidential nomination, has once again identified Mexican drug cartels as one of his favorite targets as he seeks to gain traction against former President Donald Trump. At a campaign event in Iowa Thursday, he said he would be open to using drone strikes against Mexican drug cartels.

"We will absolutely reserve the right if they're invading our country and killing our people," DeSantis said in response to a voter's question. When asked to clarify, he said: "I said I would use whatever force we need to defend the country. We'd be willing to lean in against them, and we reserve the right to defend our country," he added.

Earlier in the campaign, DeSantis called for the use of deadly force against migrants suspected of trafficking drugs, a call he reiterated Thursday. "We're authorizing deadly force. They try to break into our country? They will end up stone-cold dead," he said to a rousing round of applause.

International

Ecuador Presidential Candidate's Assassination Linked to Local Drug Gangs with Ties to International Drug Trafficking Organizations. Anti-corruption crusader, journalist, and former legislator Fernando Villavicencio was shot and killed at a campaign event in Quito Tuesday evening not long after receiving threats from local gangs tied to Albanian, Colombian, and Mexican drug cartels.

The assassination came amid a rising tide of violence linked to conflicts betwee two gangs, Los Choneros and Los Lobos. Los Choneros are linked to the Sinaloa Cartel, while Los Lobos have ties to competing international drug organizations. In recent months, judges, prosecutors, journalists, politicians and political candidates have been killed in gang attacks, with the mayor of the western city of Manta assassinated just two weeks ago. Gang-related violence has also roiled the country's overcrowded prisons, with some 600 inmates killed in three separate bouts of prison rioting.

Ecuador is not a producer of cocaine, but is bordered by leading producer countries Colombia to the north and Peru to the south and is an increasingly important transshipment point for cocaine headed to North America and Western Europe.

"The killing of Fernando Villavicencio is a wake-up call for Ecuador's democracy," said Juanita Goebertus, Americas director at Human Rights Watch. "The rise of organized crime is putting the lives of Ecuadorians and their institutions at risk. Urgent, rights-respecting security policies are needed to protect them effectively."

In response to the violence, President Guillermo Lasso has declared a range of localized states of emergencies, suspending constitutional rights. The government has also deployed the military and conducted prison raids. After the killing of Villavicencio, Lasso expanded the state of emergency across the entire country.

But Human Rights Watch said what the country needs is to address the root causes of criminality, including high levels of poverty and social exclusion. The authorities should seek to permanently reduce the power of organized crime groups, including by considering alternative approaches to drug policy that would reduce the profitability of the illegal drug trade, the group said.

"The ongoing states of emergency have not made Ecuadorians safer," Goebertus said. "The government needs to put in place an effective and legitimate security policy that protects them and seeks to dismantle organized crime groups.

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

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