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Record Overdose Death Numbers Prompt Calls for Harm Reduction, Drug Decriminalizaion [FEATURE]

On May 11, the Centers for Disease Control and Prevention (CDC) released data showing that more than 107,000 people died of drug overdoses in 2021, the most overdose deaths ever recorded in a single year. The figure marks a 15 percent increase over 2020, with the number of overdose deaths more than quadrupling since 1999. And this is only provisional data; the actual death toll could be even higher.

More people died of drug overdoses last year than from gunfire and traffic accidents combined, and the ever-rising death toll is leading to ever-louder calls for effective policy prescriptions and harm reduction interventions to reduce the carnage.

Opioids were implicated in nearly 80,000 overdose deaths, with synthetic opioids, primarily fentanyl and its derivatives, involved in more than 68,000. Cocaine was mentioned in more than 23,000 overdose deaths and psychostimulants, primarily methamphetamine, mentioned in more than 30,000.

To its credit, the Biden administration has recognized the urgency of the problem, embracing harm reduction interventions such as needle exchanges, drug testing, and access to the opioid overdose reversal drug naloxone in its 2022 National Drug Control Strategy. The strategy includes $30 million for harm reduction grants, but also $300 million increases for the DEA and Customs and Border Patrol. While the prohibitionist impulse remains strong, at least the administration has explicitly recognized the need for harm reduction.

But that isn't enough, advocates say.

"New data from CDC has confirmed our worst fears. The combined pressures of the COVID-19 pandemic, an increasingly potent illicit drug supply, and an overwhelmed and under-resourced public health system have driven the overdose crisis to catastrophic levels," said Daliah Heller, Vice President of Drug Use Initiatives at Vital Strategies, in a statement.

>Vital Strategies is a global public health organization that in February, launched "Support Harm Reduction," a campaign to highlight five key interventions for preventing overdose that many people in the United States still don’t have access to: naloxone, drug checking resources, medications for opioid use disorder, safer drug use supplies, and overdose prevention centers. 

>"What we’re doing now isn’t working, because the decades-old punitive response to drug use still predominates: The transition to a health-first, harm reduction approach has been slow and piecemeal," Heller continued. "Anemic levels of funding and policy support are woefully insufficient to stem the tide of overdose we are experiencing. These data are an urgent call to action for government at all levels: we need to mount a massive public health response to overdose that centers harm reduction and support instead of criminalization and punishment for people who use drugs.  

"Far too few people have access to any of the five key interventions we know will reduce overdose deaths," Heller added. "Most of these services are available in some form, in some locations in the majority of states, but they all need to be massively scaled up with an emergency investment. Until such actions are taken, the continued escalation of this overdose crisis seems inevitable," she said.

"The devastating rise in overdose deaths is falling most heavily on Black and Indigenous communities, where the need for relief now is more urgent than ever before," Heller noted. "A massive surge in funding and support for a harm reduction public health response will save lives immediately, engaging people who use drugs with lifesaving resources and support. The time for action is now."

Likewise, the new CDC numbers prompted the Drug Policy Alliance (DPA) to call on Congress to urgently support harm reduction services and move toward drug decriminalization.

"Once again, we are devastated by these numbers," said Jules Netherland, DPA Managing Director of the Department of Research & Academic Engagement. "Over 107,000 of our friends, family and neighbors lost their lives to drug overdose last year. And sadly, we know the numbers will only continue to climb unless our policymakers actually do what is necessary to curb them. The United States has spent over 50 years and well over a trillion dollars on criminalization - and this is where it has gotten us. It's clearly not working. It's time we start investing where it actually matters - in our communities, specifically Black, Latinx and Indigenous communities where we are now seeing the sharpest rise in overdose deaths. The evidence shows us, that in order to actually make a difference, we have to replace these approaches with those centered in public health, such as drug decriminalization coupled with increased access to evidence-based treatment and harm reduction services, overdose prevention centers, and legal regulation and safer supply to reduce the likelihood of accidental overdose," Nederland said.

It is time for safe injection sites, too, DPA insisted.
 
"We are grateful that the Biden Administration has embraced harm reduction as part of their National Drug Control Strategy, but we need to see that commitment met with Congressional funding and a massive scaling up of these health services," Nederland said. "It's also essential that Overdose Prevention Centers be implemented, which decades of evidence-based, peer-reviewed studies and utilization in over 14 countries show us are one of the most effective ways to save lives now. While it may not always be politically convenient, it’s time to be guided by the evidence about what works. Overdose deaths are avoidable and a policy failure—it’s time we stop recycling the same policies that got us here and take the actions that are necessary to save lives."

Drug Overdose Deaths Hit Another Record High, DE Legal Pot Bill Goes to Governor, More... (5/16/22)

Gavin Newsom attempts to lend a hand to California's embattled legal marijuana growers, Ohioans will have to wait another year to vote on marijuana legalization, the first British drug checking service is set to open, and more.

More than 107,000 people died of drug overdoses last year, the CDC reports. (Creative Commons)
Marijuana Policy

California Governor's Budget Would Give Growers a Break by Eliminating Cultivation Tax. With wholesale marijuana prices cratering and growers screaming for help, Gov. Gavin Newsom (D) has included the elimination of the marijuana cultivation tax in his proposed FY 2022-2023 budget released Friday. That would eliminate one of the four taxes on marijuana—the cultivation tax of $10 an ounce for dry-weight flowers paid by growers, a state excise tax paid by retailers, a local excise tax paid by retailers, and the state sales tax. Despite cutting the cultivation tax, Newsom's budget still includes $670 million in annual funding for services currently funded by marijuana tax revenues. Newsom's proposal must be approved by the legislature and would go into effect July 1 if it is.

Delaware Legislature Approves Marijuana Legalization Bill. With a final vote by the Senate last Thursday, the legislature has approved a marijuana legalization bill, House Bill 371. The bill would legalize the possession of up to an ounce of weed by people 21 and over. But the fate of the bill is uncertain given Gov. John Carney's (D) staunch opposition to legalization, which he has called a "bad idea." If, however, Carney does veto the bill, it would need a three-fifths majority vote in both chambers, which is achievable. But the last time the legislature overrode a gubernatorial veto was 45 years ago.

Ohio Marijuana Legalization Vote Delayed Until 2023. The Coalition to Regulate Marijuana Like Alcohol announced last Friday that it will forego attempting to get a vote on its marijuana legalization initiative this year after state officials agreed to allow the campaign to keep more than 140,000 signatures it had gathered this year and use them to get on the ballot next year. The move came after House Republicans said the group handed in signatures too late to qualify for this year. The group is undertaking an initiated statute campaign under which it gathers enough signatures to place the issue before the legislature and if the legislature does not enact legalization, it would go before voters. But now, it will go before voters next year—provided the campaign comes up with a second round of signatures—not this year.

Overdoses

Drug Overdoses in 2021 at Highest Level on Record According to CDC, Driven by Opioids. The Centers for Disease Control and Prevention (CDC) published data last Wednesday showing that drug overdoses had hit 107,622 in 2021, an all-time high. The figure is 15 percent higher than the previous year and represents a 49 percent increase in overdose deaths since 2019. Synthetic opioids such as fentanyl were implicated in two-thirds of overdose deaths.

International

United Kingdom's First Drug Checking Service to Open This Month. The British Home Office has approved the nation's first drug checking service, where illicit drugs can be tested for purity, strength, and contaminants. The move is aimed at reducing the harms associated with high-risk drug taking and at providing a fuller picture of the illicit drug market. The drug checking will be undertaken by a harm reduction organization called The Loop, working with the Bristol Drugs Project and the People's Republic of Stokes Croft, a community organization. The service is set to begin May 28 and will run once a month, with additional operating hours to be scheduled around significant local events, such as concerts and festivals. 

CA Farmers' Market Pot Sales Bill Advances, CO Prescription MDMA Bill Advances, More... (4/28/22)

No, Virginia, new criminal marijuana offenses are not happening; a bipartisan pair of senators file a bill aimed at helping communities respond to the overdose crisis, and more.

MDMA. A Colorado bill foresees federal rescheduling and seeks to align state statutes to allow prescriptions. (CC)
Marijuana Policy

California Bill to Allow Pot Growers to Sell at Farmers' Markets Advances. A bill that would allow marijuana growers to sell their weed directly to customers at farmers' markets, Assembly Bill 2691, has won a first committee vote, passing out of the Assembly Committee on Business and Professions. The bill comes as growers are seeing historically low prices and facing a financial crunch. The price of outdoor grown marijuana has fallen to $488 a pound, a drop of more than 50 percent from last year. It now goes to the Assembly Committee on Appropriations.

Georgia Democrats Will Vote on Non-Binding Marijuana Question in May Primary. The state Democratic Party leadership has placed nine non-binding ballot questions, including one on marijuana legalization, on the ballot for Democratic Party voters next month. The marijuana question asks: "Should marijuana be legalized, taxed and regulated in the same manner as alcohol for adults 21 years of age or older, with proceeds going towards education, infrastructure and health care programs?" The aim of the questions is to demonstrate to elected officials that there is support for reforms.

Virginia Senate Kills Governor's Amendments to Recriminalize Marijuana Possession. Gov. Glenn Youngkin's (R) effort to create two new criminal offenses for possession of more than two ounces and more than six ounces of marijuana has gone down in flames. Youngkin had proposed the regressive step as an amendment to Senate Bill 591, but the Senate voted Tuesday to re-refer the bill to committee, effectively killing it since the legislative session has already ended for the year. The state legalized marijuana last year.

Psychedelics

Colorado MDMA Legalization Bill Advances. A bill that foresees eventually federal legalization of MDMA for medicinal purposes and seeks to align state statutes to allow state-level legalization for prescriptions once that happens, House Bill 1344, has successful passed the House and won its first Senate committee vote Wednesday. After being cleared by the Senate Health and Human Services Committee, the bill now heads for a Senate floor vote.

Drug Policy

Bipartisan Pair of Senators File Bill to Help Local Communities Fight Drug Overdoses. Sens. Sheldon Whitehouse (D-RI), Chairman of the Senate Caucus on International Narcotics Control, and Senator John Cornyn (R-TX), a caucus member, introduced the Overdose Review Team Act Wednesday to help local communities save lives by improving their response to the overdose epidemic. The legislation would create a grant program at the Department of Health and Human Services (HHS) to support local governments in establishing panels of health officials, social service organizations, law enforcement, and others to review drug overdoses. The panels would then develop best practices and policy recommendations to prevent future overdoses -- a model that has been adopted in a dozen states, including Rhode Island.

White House Drug Strategy Embraces Harm Reduction, But Prohibitionist Impulse Remains Strong [FEATURE]

The Biden White House sent its first National Drug Control Strategy to Congress on April 21. It breaks positive new ground by explicitly acknowledging harm reduction measures to prevent overdose and blood-borne diseases among drug users. At at the same time, though, it also relies heavily on the destructive and counterproductive pursuit of failed prohibitionist drug policies -- and funds more law enforcement much more heavily than harm reduction.

The strategy comes out just weeks after the Centers for Disease Control and Prevention (CDC) reported that drug overdose deaths hit an all-time high of 106,000 in the year ending last November. The administration is responding with what it calls a "whole of government" approach to the crisis.

"The strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking," the White House said. "It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers' profits, and make better use of data to guide all these efforts. Saving lives is our North Star, and the 2022 National Drug Control Strategy calls for immediate actions that will save lives in the short term and outlines long-term solutions to reduce drug use and its associated harms, including overdose."

While the strategy includes long-familiar categories such as drug treatment, prevention, supply reduction, and criminal justice and public safety, it also emphasizes an evidence-based approach, "building a recovery-ready nation," and for the first time, harm reduction.

"The Biden-Harris Administration's efforts focus on meeting people where they are and building trust and engagement with them to provide care and services," the White House said. "Specifically, the strategy calls for greater access to harm reduction interventions including naloxone, drug test strips, and syringe services programs. It directs federal agencies to integrate harm reduction into the US system of care to save lives and increase access to treatment. It also calls for collaboration on harm reduction between public health and public safety officials, and changes in state laws and policies to support the expansion of harm reduction efforts across the country."

The strategy calls for "the coordinated use of federal grant funds for harm reduction," and the administration last year broke new ground with a $30 million grant program for harm reduction providers. But in a sign of continued reliance on traditional law enforcement priorities, the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA. Those figures were released as part of the White House's FY 2023 budget released last month.

"Responding effectively to the illicit production, trafficking, and distribution methods of domestic criminal organizations and Transnational Criminal Organizations (TCOs) is a significant challenge and remains a Biden-Harris Administration priority," the White House said.

That kind of talk suited mainstream Democrats just fine.

"Illicit drugs cause immeasurable pain and loss in our communities. As the Chairman of the Senate Caucus on International Narcotics Control, I've pressed for an updated federal plan to tackle them," said Sen. Sheldon Whitehouse (D-RI). I've been clear that the plan must include a more coordinated approach to cracking down on drug trafficking and transnational criminal organizations, especially the ways in which they launder and protect their ill-gotten gains using US rule of law and financial networks; and more and better cooperation with our international partners to reduce the supply of precursor chemicals used to manufacture illicit drugs and to levy tougher sanctions against transnational drug syndicates. I'm pleased to see my priorities reflected in this new strategy, and I look forward to working with the Biden administration to deliver on those priorities."

Whitehouse also lauded the strategy's "tearing down barriers to treatment, including expanding access to life-saving naloxone and medication-assisted treatment; improving our data collection systems to better understand the effects of our intervention efforts."

Reform advocates offered praise -- sometimes lukewarm -- for the administration's tentative embrace of harm reduction, but blasted its reliance on tired, failed drug war paradigms.

In its analysis of the strategy, the Washington Office on Latin America (WOLA) called it "a major step forward" and lauded the administration for "focusing on ensuring access to treatment for substance use disorders and highlighting the crucial role of harm reduction services." But WOLA also noted that, "when measured against the scale of the nation's overdose problems and the urgency of the needs, Biden's new plan appears quite timid."

WOLA also warned that the strategy's "positive innovations regarding investment in treatment and harm reduction strategies risk being undermined by a continued commitment to the kinds of policies that have exacerbated the present crisis and that continue to absorb the lion's share of resources, namely, drug criminalization at home and wildly exaggerated expectations for what can be achieved through supply control efforts abroad."

Similarly, the libertarian-leaning Cato Institute called the attention to harm reduction a "positive," but noted steps that it did not take, such as making the opioid overdose reversal drug naloxone available over-the-counter and repealing the so-called Crack House Statute that stands in the way of federal approval of safe injection sites.

"On a negative note," Cato observed, "the remainder of the new report calls for doubling down on interdiction, border control, and other law enforcement measures aimed at curtailing the supply of illicit drugs -- as if repeating the same failed strategies of the past half century, only with more gusto, will somehow work."

So there it is: The Biden administration's first crack at a national drug strategy deserves kudos for its embrace of harm reduction and evidence-based approaches, but beyond that, it is pretty much more of the same old same old.

Singapore Hangs Second Drug Convict in a Month, New Yorkers Support Safe Injection Sites, More... (4/27/22)

A Connecticut bill to eliminate commercial marijuana gifting passes the House, a new poll shows strong support for medical marijuana in North Carolina as the legislature considers a bill, and more.

Nagaenthran K. Dharmalingam, executed Wednesday in Singapore for 1.5 ounces of heroin. (Creative Commons)
Marijuana Policy

Connecticut Bill to Eliminate Commercial Marijuana Gifting, Allow Physicians' Assistants to Write Medical Marijuana Recommendations Passes House. The House voted Tuesday to approve House Bill 5329, which would originally have barred the gifting of marijuana by anyone, but has been amended to allow social gifting and has seen the criminal penalties for commercial gifting removed. Advocates had argued that the ban on social gifting would hurt patients who may rely on it to get their medicine. The bill also will allow physicians' assistants to recommend medical marijuana to patients. It now heads to the Senate.

Medical Marijuana

North Carolina Poll Has Supermajority for Medical Marijuana, Majority for Legalization. A poll from WRAL News shows that 72 percent of state voters want medical marijuana legalized and 57 percent want full adult legalization. Those supermajorities for medical marijuana include 73 percent of Democrats and 64 percent of Republicans, while 63 percent of Democrats and only 45 percent of Republicans want full adult legalization. The poll comes as a medical marijuana bill, the North Carolina Compassionate Care Act (Senate Bill 711) is before the Senate, where it went through several committees last yar and is now back before the Senate Committee on Rules and Operations.

Harm Reduction

New Yorkers Support Safe Injection Sites, Poll Finds. A new poll from Data for Progress found majority support for safe injection sites among likely voters in the state. A whopping 80 percent of Democrats and even 43 percent of Republicans favored the harm reduction intervention, creating an overall level of support at 64 percent. This was an online poll, which generally skews younger than traditional phone surveys, but Data for Progress did not provide an age breakdown of the numbers.

International

Singapore Executes Malaysian Man with Mental Disabilities on Drug Charges. The city-state has gone ahead with the execution of Nagaenthran K. Dharmalingam after a long international campaign for clemency failed. Dharmalingam, 34, got caught bringing 1.5 ounces of heroin into Singapore in 2009 and sentenced to death in 2010. Singapore halted executions during the coronavirus pandemic but started them up again with the hanging of another drug offender on March 30. Singapore has some of the toughest drug laws in the world, with a mandatory death sentence for trafficking more than a half ounce of heroin. Dharmalingam's lawyers had tried numerous appeals, noting that he had an IQ of 69 and that his mental condition had deteriorated in prison, and garnered extensive international support for clemency, to no avail. "Hanging an intellectually disabled, mentally unwell man because he was coerced into carrying less than three tablespoons of diamorphine is unjustifiable and a flagrant violation of international laws that Singapore has chosen to sign up to," said Maya Foa, director of the anti-death penalty group Reprieve.

White House Releases 2022 National Drug Control Strategy, NH Marijuana Legalization Bill Nixed, More... (4/21/22)

A pair of companion marijuana legalization initiatives are cleared for singature-gathering in Oklahoma, SAMSHA mantains a firm line on drug testing rules, and more.

A needle exchange. The White House is emphasizing harm reduction measures to take on the overdose crisis. (Creative Commons)
Marijuana Policy

New Hampshire Senate Committee Votes to Kill Marijuana Legalization Bill. The Senate Ways and Means Committee voted unanimously Wednesday to kill a bill that would have legalized marijuana and had it sold at state-owned retail outlets, House Bill 1598. The bill could still come up for a Senate floor vote, but the committee vote likely signals the end of the road for this legislative session. The House has repeatedly passed marijuana legalization bills in recent years, only to see them die in the Senate. And even if something were to make it to the desk of Gov. Chris Sununu (R), he remains opposed to legalization. At least one senator indicated he was stuck in a time warp: "Why would we want to join the herd of introducing to our culture legalization of a substance that is unquestionably a gateway drug?" asked Sen. Bob Giuda (R-Warren).

Ohio Lawmakers File Marijuana Legalization Bill That Mirrors Ongoing Legalization Initiative. Two Democratic lawmakers, Reps. Casey Weinstein and Terrance Upchurch, have filed a marijuana legalization bill with the same language as the legalization initiative from the Coalition to Regulate Marijuana Like Alcohol (CRMTA). CRMTA's initiative passed an initial signature threshold, starting a process where the legislature has four months to either pass legalization or let it go to the voters in November (provided CRMTA succeeds in another round of signature-gathering), but there is little indication that the Republican-controlled legislature is going to act on it.

Oklahoma Marijuana Legalization Initiatives Okayed for Signature-Gathering. The state Supreme Court has cleared the way for two companion marijuana legalization initiative campaigns to begin signature-gathering. State Question 819 and the companion State Question 818, would amend the state constitution to protect the right of residents age 21 and older to use marijuana. Because they amend the constitution, they face a higher signature-gathering hurdle than State Question 820, which has already been cleared for signature-gathering. It needs about 90,000 signatures within 90 days to qualify for the ballot, while State Questions 819 and 820 will need about 178,000 valid voter signatures.

Drug Policy

Biden Administration Releases 2022 National Drug Control Strategy. The White House released the 2022 National Drug Control StrategyThursday, focusing on treating drug addiction and fighting drug trafficking. The strategy calls for expanded harm reduction interventions, such as drug test strips, needle exchanges, and access to the opioid overdose reversal drug naloxone. The new strategy is “the first-ever to champion harm reduction to meet people where they are and engage them in care and service,” the White House said. But the strategy also envisions a $300 million increase for Customs and Border Patrol and another $300 million increase for the DEA, maintaining a law enforcement emphasis. Those figures were released as part of the FY 2023 budget released last month.

Drug Testing

SAMSHA Cuts No Slack for Medical Marijuana, Accidental Exposures in Updated Federal Drug Testing Rules. In a pair of notices published in the Federal Register earlier this month, the Substance Abuse and Mental Health Services Administration (SAMSHA) published a pair of notices about proposed changes to drug testing policies. One new notice clarifies that having a doctor's recommendation for medical marijuana is not a valid excuse for a positive drug test. The secondnew notice states that passive exposure to secondhand marijuana smoke or accidental ingestion of foods containing marijuana are not a legitimate medical explanation for a positive drug test. These are proposed rules, and  there is a 60-day public comment period on the proposals is open until June 6.

NJ AG Says Cops Can Smoke Pot (But Not on Duty), ME Good Samaritan Improvement Bill Advances, More... (4/18/22)

New York issues its first marijuana grower licences, a Florida drug treatment provider is convicted of a massive drug testing fraud, and more.

There's money to be made growing weed, and in New York, equity applicants are getting the first crack at it. (CC)
Marijuana Policy

New Jersey Attorney General Says Police Can Use Marijuana Off-Duty. Marijuana use is now legal for adults in the state, and that includes police officers, Acting Attorney General Matt Platkin wrote in a memo last Thursday. The memo said it is critical for police to be clear-headed on the job, but they cannot be punished for engaging in a legal activity as long as it does not affect their work. Maybe we will see cops in line at pot shops later this week; retail sales begin on Thursday.

New York Issues First Marijuana Grower Licenses. Gov. Kathy Hochul (D) announced last Friday that the state's Cannabis Control Board has approved the first legal marijuana grower licenses in the state. The state has approved 52 Adult-Use Cannabis Conditional Cultivator licenses out of a pool of 150 applicants since March 15. The Office of Cannabis Management will continue to review applications and issue more licenses as quickly as possible. These first licenses went to "equity entrepreneurs" who qualify by having either a past marijuana conviction or one in their family and who have experience operating a successful business in the state.

Drug Testing

Florida Drug Rehab Facility Owner Guilty in Multimillion Dollar Drug Testing Fraud. Carie Lyn Beetle, the owner of Florida drug treatment center, was found guilty last Friday of running a $58 million insurance fraud scheme in which she recruited patients by offering free or discounted rent and free travel to Florida to stay in her sober houses, then tested them as often as three times a week, for which she would submit insurance claims. The frequency of the testing, for which she could bill as much as $5,000 each time, was considered unnecessary, and the results were not studied by treatment professionals. Sometimes the tests were never even conducted, but still billed for. Her center, Real Life Recovery, would also often bill for counseling and treatment services that were not actually conducted, and employees testified that they would regularly forge patient signatures to show they had attended counseling when they had not. For turning her treatment program into a racket, Beetle is now looking at up to 30 years in prison.

Harm Reduction

Maine Senate Approves Strengthened Good Samaritan Law. The Senate last Friday approved a bill to strengthen the state's Good Samaritan law, which is designed to protect people suffering from overdoses and those seeking to help them from prosecution. The bill, LD 1682, would change the existing law so that any person at the scene of an overdose who makes a good faith effort to call for assistance is protected from arrest or prosecution. The bill would include immunity for bail and probation violations, while exempting sex crimes, crimes involving children, and arson, among other crimes. It now heads to the House. 

Lawmakers Press Drug Companies on Over-the-Counter Naloxone, Dem Voters Say Legal Pot a Priority, More... (4/13/22)

New polls of American and European voters show support for marijuana legalization, Massachusetts prisoners are suing over unreliable drug tests, and more. 

The opioid overdose reversal drug naloxone. Lawmakers want drug companies to seek over-the-counter status for it.
Marijuana Policy

Majority of Democrats Say Marijuana Legalization Should Be a Top Priority for Congress. A new poll from Morning Consult and Politico finds that more than half (52 percent) of Democratic voters say marijuana legalization should be a top or important priority for Congress. Only 29 percent of Republican voters felt the same. Overall, 41 percent of voters now see marijuana legalization as a top or important congressional priority. The poll comes with the House having already passed a marijuana legalization bill and with the Senate waiting on Majority Leader Chuck Schumer (D-NY). Meanwhile, desperately needed interim measures, such as providing industry access to financial services, languish.

Drug Testing

Massachusetts Prisoners Sue Over Prison System's "Unreliable" Drug Tests Despite Court Order. Attorneys representing state prisoners have filed a lawsuit against the Department of Correction charging that it continues to use an unreliable drug test to screen prisoners' mail, violating an earlier court order. The lawsuit alleges that prisoners have been punished for sneaking drugs through the mail based on dubious drug tests and that some of the mail improperly seized as containing drugs were sent by the prisoner's own attorneys, the courts, and the attorney general's office. A judge last December ordered the department to quit using the NARK II drug test device. The attorneys are asking a judge to hold the department in contempt of court. A hearing is set for next Tuesday. "The DOC's actions were not only interfering with the attorney-client relationships of the people whose mail was seized and photocopied, but were chilling the ability of all incarcerated people to communicate with counsel for fear of being subjected to this arbitrary and severe punishment," the complaint said.

Harm Reduction

Bipartisan Lawmakers Call on Drug Makers to Apply to FDA to Make Overdose Reversal Drugs Available Over-the-Counter. Some 30 members of the House and Senate have sent a letter to drug companies who manufacture the opioid overdose reversal drug naloxone calling on them to apply to the Food and Drug Administration (FDA) for over-the-counter status for their products. The move comes amidst a raging opioid overdose epidemic that is killing tens of thousands of Americans each year. "It has never been more important to adopt opioid overdose prevention and reversal strategies on a wide scale," the letter said. This includes "steps to increase access to affordable naloxone, which is a proven, effective tool to reduce medical emergencies, drug overdoses, and deaths." Signatories included Sens. Joe Manchin (D-WV), Elizabeth Warren (D-MA), and Lisa Murkowski (R-AK) and Reps. Alexandria Ocasio-Cortez (D-NY) Rashida Tlaib (D-MI), and Brian Fitzpatrick (R-PA).

International

Poll Found Majority of Europeans Support Marijuana Legalization. A poll from  London-based Hanway Associates that surveyed eight different European countries found majority support for marijuana legalization, with 55 percent favoring it and only 25 percent opposing it. Italy led the way with support at 60 percent. Portugal, Switzerland, Spain, and the United Kingdom all polled between 55 and 59 percent, while Germany came in at 50 percent. Surprisingly, the Netherlands, which has allowed legal retail sales for more than 30 years, had the lowest level of support, at 47 percent. 

DOJ Issues Guidance on Legal Protections for People on MAT, NJ Recreational Pot Sales Coming Soon, More... (4/12/22)

An Oklahoma psychedelic research bill advances minus a decriminalization provision, Mississippi regulators roll out initial guidelines for the state's medical marijuana programs, and more.

The DOJ issues guidance on legal protections for people undergoing medication-assisted treatment. (Creative Commons)
Marijuana Policy

New Jersey Regulators Okay First Recreational Marijuana Sales. The state's Cannabis Regulatory Commission on Monday opened the way to recreational marijuana sales by approving seven medical marijuana dispensaries to sell to anyone 21 or over. The commission's executive director, Jeff Brown, said retail licenses could be issued within a month, once dispensaries pay fees and undergo compliance checks. The move comes more than a month after the state blew through a February 22 deadline for dispensaries to begin selling to adults. The commission had been concerned about maintaining adequate supplies for patients, but those concerns seem to have been assuaged. "All of the (dispensaries) here, we believe have proven and have shown that they have adequate supply for their medical patients, that they are willing to put in place the necessary mechanisms to protect that supply, and ensure that medical patients are not impacted,” Brown said.

Medical Marijuana

Mississippi Medical Marijuana Program Rules and Regulations Released. The state Health Department on Monday released preliminary rules and regulations for the state's nascent medical marijuana program. These beginning measures address qualifying conditions, obtaining registry and identification cards, and how to certify as a practitioner, among other things. The list of qualifying conditions includes cancer, Parkinson’s, Huntington’s, muscular dystrophy, glaucoma, spastic quadriplegia, HIV, AIDS, hepatitis, amyotrophic lateral sclerosis (ALS), Crohn’s, ulcerative colitis, sickle cell anemia, Alzheimer’s, agitation of dementia, PTSD, autism, pain refractory to opioid management, diabetic/peripheral neuropathy, spinal cord disease, or severe injury; chronic medical treatment that causes cachexia or wasting, severe nausea, seizures, severe and persistent muscle spasms, or chronic pain. Patients may only get recommendations from doctors with whom they have an existing relationship and will pay $25 for a 1-year ID card. Those applications will be available on or before June 2.

Psychedelics

Oklahoma Senators Approve Psilocybin Research Bill but Remove Decriminalization Language Approved by House. The Senate Health and Human Services Committee voted unanimously Monday to approve a bill passed by the House that would allow eligible research and medical institutions to cultivate and administer psilocybin for research purposes, but only after amending it to remove a provision that decriminalized the possession of the drug. House Bill 3414 "came over [from] the House—it had some decriminalization elements in there," Sen. Lonnie Paxton (R) said on Monday, adding that lawmakers had "worked a lot with it, trying to make sure that we clean it up." They did that by erasing the decriminalization provision. “That no longer exists," he said. "This is just for a university study."

Drug Treatment

US Department of Justice Issues Guidance Concerning Legal Protections for Individuals Recovering from Opioid Use Disorder. The Justice Department published guidance last week explaining how the Americans with Disabilities Act (ADA) protects people who are in treatment or recovery for opioid use disorder (OUD), including those who take prescription medications as part of that treatment. The guidance says those people are considered disabled under the ADA, that they may be prescribed medications such as methadone, buprenorphine, and naltrexone, among others; and that employers may not discriminate against them if they are in treatment and using those drugs. The guidance also notes that while employers may conduct drug testing, they may not fire or refuse to hire people legally using those medications—unless the use renders the person unable to safely or effectively perform the job. DOJ said the guidance "is part of the department’s comprehensive response to the opioid crisis, which promotes prevention, enforcement and treatment" and lists several civil rights lawsuits it is pursuing over such discrimination.

Amendments Fly as House Legal Pot Vote Looms, Singapore Hangs Man for Drug Trafficking, More... (3/30/22)

A Maryland marijuana legalization bill advances, New Mexico pot shops will open starting Friday, a Georgia therapeutic psychedelic study bill advances, and more.

The House is set to vote on the MORE Act this week. (Creative Commons)
Marijuana Policy

Lawmakers File Various Amendments to House Marijuana Legalization Bill. With a House floor vote on the Marijuana Opportunity, Reinvestment and Expungement (MORE) Act (HR 3617) set for this week, proposed amendments are coming fast and furious. They will be taken up by the House Rules Committee Wednesday. Most of the proposed amendments seek to impose restrictions on the bill, such as requiring completion of various certain studies before legalization, limiting expungement provisions, or maintaining certain penalties. One, though, would provide relief for people denied security clearances because of past marijuana convictions.

Maryland Marijuana Legalization Bill Advances. The Senate Finance Committee on Tuesday approved a marijuana legalization bill, Senate Bill 833, that would only take effect if voters approved a related ballot question in November. A slightly different version of the bill passed the House last month, so a conference committee will have to hash out the differences. The panel did not act on House Bill 1, which would establish the November referendum. The legislature faces a deadline at the end of the week. Lawmakers will only have the chance to override a possible veto by Gov. Larry Hogan (R) if they get bills to his desk this week.

New Mexico Recreational Pot Shops Can Open Their Doors on Friday. The state legislature legalized marijuana last year, and beginning on Friday, the first recreational marijuana sales in the state can begin. New Mexicans could legally possess and use marijuana since last June, but had no place to legally purchase recreational marijuana—until now. State officials have issued more than 200 licenses for retail pot shops. When they open later this week, adults will be able to purchase two ounces of weed at a time.

Opiates and Opioids

California Fentanyl Crisis Prompts Flurry of Bills. Lawmakers are responding to a surge in fentanyl-related overdoses with a number of bills, some punitive, but others embracing harm reduction interventions. Assembly Member Cottie Petrie-Norris (D-Irvine) has filed Assembly Bill 2246, which would increase penalties for possession and distribution, including a sentence of 20 years to life for someone who sold fentanyl that resulted in a fatal overdose. Assembly Member James Ramos (D-Highland) has field Assembly Bill 1628, which would require companies such as Snapchat to implement policies that prohibit the sale of fentanyl and other controlled substances on their platforms. Senate Bill 864 would require hospitals to test drug screening urine samples for fentanyl, Senate Bill 1350 would require warnings to people convicted of drug distribution offenses that they could be charged with manslaughter of murder in the event of a fatal overdose, while Assembly Bill 1673 would set up a California Fentanyl Task Force to produce statewide statistics and ramp up public awareness. On the harm reduction side, Sen. Scott Weiner's (D-San Francisco) Senate Bill 57 would authorize pilot safe injection site program in San Francisco, Oakland, and Los Angeles. That bill has passed the Senate and is now before the Assembly Public Safety Committee.

Psychedelics

Georgia Therapeutic Psychedelic Study Bill Advances. The House Appropriations Public Safety Subcommittee voted Tuesday to approve House Resolution 896, which would create a House study committee to investigate the therapeutic potential of psychedelics such as psilocybin and make recommendations for legislation. The bill is couched as an effort to address the need for effective treatments for depression and PTSD for military veterans. It now heads to the House Defense and Veteran Affairs Committee.

International

Colombia Coca Zone Battle Sees 11 FARC Dissidents Killed. The Colombia Army said Tuesday its soldiers had killed at least 11 FARC dissidents in open combat n Puerto Leguizamo municipality in Putumayo province near the borders with Ecuador and Peru. The area has extensive coca plantings and cocaine-producing laboratories and is contested by various armed actors. The FARC dissidents are former members of the Revolutionary Armed Forces of Colombia (FARC), who rejected the FARC's demobilization under a 2016 peace deal with the government.

Mexico Attack Leaves at Least 20 Dead in Michoacan. Presumed cartel gunmen attacked spectators at a cockfighting pit in the town of Las Tinajas Sunday, leaving at least 20 people dead and several more wounded. "It was a massacre of one group by another," President Andres Manuel Lopez Obrador told a news conference, expressing his regret at the deaths. The state of Michoacan and neighboring Guanajuato have been plagued by cartel violence for years, with the most recent mass killing leaving 17 people dead only weeks ago. Earlier this month, the mayor of Aguilla, Michoacan, was gunned down, and days later, journalist Armando Linares was killed in Zitacuaro. Most of the violence is between the Jalisco New Generation Cartel and local gangs, but some of it is between different factions of that same cartel.

Singapore Hangs Man for Drug Trafficking. Closing its ears to pleas for leniency, including from the UN Human Rights Office, Singapore on Wednesday executed Abdul Kahar Othman, 68, for drug trafficking. The hanging marked the first execution in the country since it halted them due to the coronavirus pandemic. The last execution took place in November 2019. Kahar, from a poor family, had struggled with addiction all his life and spent much of his adult life behind bars. He was convicted of drug trafficking in 2013. Another execution may be looming. A Malaysian man with mental disabilities, Nagaenthran K. Dharmalingam, has been on death row since 2010 for trying to smuggle 1.5 ounces of heroin into the city-state. He lost his final appeal on Tuesday. 

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