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This Year's Top Ten Domestic Drug Policy Stories [FEATURE]

The good, the bad, and the ugly in US domestic drug policy this year.

Drug overdoses hit a record high in 2022, but may have peaked. (Creative Commons)
1. Overdose Deaths Appear to Have Peaked but Are Still at Horrid Levels

According to Provisional Drug Overdose Death Counts released by the Centers for Disease Control and Prevention (CDC) in December, the nation's fatal drug overdose epidemic has peaked. After reaching a record high of more than 110,000 fatal overdoses in the 12-month period ending in March, that number declined to 107,735 in the 12-month period ending in July, the last month for which data is available. That is a two percent decline from the March high.

While the decline is welcome, drug overdose numbers are still 25 percent higher than they were two years ago and double what they were five years ago. According to the CDC, synthetic opioids, mainly fentanyl, were implicated in more than two-thirds of overdose deaths and stimulants such as methamphetamine and cocaine were involved in nearly one-third. But some fraction of stimulant-implicated overdose deaths are not caused by the stimulants themselves but by stimulant users being exposed to drugs cut with fentanyl.

2. Neither Marijuana Legalization nor Banking Access Pass Congress

Senate Majority Leader Chuck Schumer (D-NY) vowed to make passage of a marijuana legalization bill a priority in this Congress, but it didn't happen. While the House passed a legalization bill, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (HR 3617) in April, Schumer and congressional allies didn't even roll out a draft version of their Cannabis Administration and Opportunity Act until this July -- 18 months after this Congress began -- and it never exhibited enough bipartisan support to go anywhere in the evenly divided Senate.

Schumer and his Senate allies also repeatedly blocked efforts to get a bill to allow state-legal marijuana businesses access to financial services through the Senate. The Secure and Fair Enforcement (SAFE) Banking Act (HR 1996) passed the House in April, and Senate allies tried repeatedly to attach it as an amendment to various spending bills, only to be stymied by Schumer and his holdouts for full-blown legalization. At year's end, though, while Schumer was finally ready to move forward with it, Senate Minority Leader Mitch McConnell (R-KY) came out in opposition, helping to scuttle one last effort to tie it to a defense appropriations bill.

3. With Biden's Signature, A Standalone Marijuana Reform Bill Becomes Law for The First Time Ever

For the first time ever, Congress passed and in December the president signed into law a stand-alone marijuana reform bill, the bipartisan Medical Marijuana and Cannabidiol Research Expansion Act (HR 8454). Some marijuana reform measures have been passed before, but only as part of much broader appropriations bills. The aim of the bill is to facilitate research on marijuana and its potential health benefits. The bill will accomplish this by streamlining the application process for scientific marijuana studies and removing existing barriers for research by allowing both private companies and research universities to seek DEA licenses to grow their own marijuana for research purposes.

4. Three More States Legalize Marijuana

In May, Rhode Island became the 19th state to legalize marijuana when the General Assembly passed and Gov. Dan McKee signed into law the Rhode Island Cannabis Act. Sales to any adult over 21 at medical marijuana dispensaries that acquired "hybrid retail licenses" began in December.

And in November, voters in Maryland and Missouri approved marijuana legalization initiatives. Maryland's Question 4 came not from the people but from the legislature and amends the state constitution and mandates that the General Assembly "shall provide for the use, distribution, possession, regulation and taxation of cannabis within the state." Missouri's Amendment 3 overcame multi-sided opposition not only from the usual suspects in law enforcement and the political establishment but also from civil rights groups and marijuana industry insiders to eke out a narrow victory. As of December 8, possession of up to three ounces by adults is no longer a crime, but sales to adults will not begin until next year.

But there were also losses at the ballot box this year. The Arkansas Adult Use Cannabis Amendment garnered only 43.8 percent of the vote, while North Dakota's Initiated Statutory Measure No. 1 managed only 45.1 percent, and South Dakota's Initiated Measure 27 came up short with only 46.6 percent of the vote. The South Dakota defeat was especially bitter, given that just two years ago, voters there approved a broader marijuana legalization initiative with 54 percent of the vote only to see it invalidated by the state Supreme Court.

5. The Year of Fentanyl Test Strip Decriminalization

Fentanyl test strips, which detect the presence of the powerful synthetic opioid in all different kinds of drugs (cocaine, heroin, methamphetamine, etc.) and formulations (pills, powders, and injectables) are recognized by the Centers for Disease Control and Prevention as a valuable harm reduction strategy and are increasingly seen by the states as a crucial tool in the fight to reduce drug overdose deaths. When the Biden White House first endorsed their use in 2021, they were considered illegal drug paraphernalia in a majority of states.

Not anymore. As of the end of 2022, 31 states have now legalized or decriminalized fentanyl test strips, with Alabama, Georgia, New Mexico, Tennessee, and Wisconsin doing so this year alone. But that leaves 19 states, mostly in the South and including Florida and Texas where they remain banned.

6. Colorado Becomes Second State to Approve Natural Psychedelic Reforms

Three years after voters in Denver opened the door to psychedelic reform by approving a municipal initiative that made possession of psilocybin mushrooms the lowest law enforcement priority, voters statewide have approved an initiative that decriminalizes plant- and fungi-derived psychedelics and creates a program for the therapeutic administration of such substances. On Election Day, voters approved Proposition 122, the Natural Medicine Health Act, with 53.55 percent of the vote. The victory makes Colorado the second state to enact reforms decriminalizing a natural psychedelic and setting up a program for therapeutic use. Oregon voters led the way on that by approving Measure 109 in 2020.

Proposition 122 has two main prongs: First, it decriminalizes the personal use, possession, and cultivation by people 21 and over of dimethyltryptamine (DMT), ibogaine, mescaline (not derived from peyote), psilocybin, and psilocyn, as well as providing for the sealing of conviction records of people who have completed sentences for the use or possession of those substances. The measure sets no personal possession limits. Second, it creates a "natural medicine services" program for the therapeutic administration of the specified psychedelics and creates a rubric for regulated growth, distribution, and sales of those substances to entities within the program. Only psilocybin and psilocin would be okayed for therapeutic use until 2026. Then regulators could decide on whether to allow the therapeutic use of DMT, ibogaine, and mescaline.

7. Marijuana Social Consumption Lounges Spread

Ever since the first states legalized marijuana a decade ago, one question for users was where to go to smoke their newly legal product. Most states ban smoking outdoors in public or indoors pretty much anywhere except one's home -- and even that can be an issue if your landlord isn't down with it. One solution is allowing places for marijuana users to toke up in a convivial setting, the marijuana social consumption lounge, whether as part of a retail shop or as a standalone business.

Social consumption lounges are now legal in 11 states -- Alaska, California, Colorado, Illinois, Massachusetts, Michigan, Missouri, New Jersey, New Mexico, New York, and Nevada -- although they are not actually up and running yet in some of them. Massachusetts has two lounges now operating; in New Jersey, regulators just approved rules for them; in Nevada, regulators just issued 20 provisional licenses; in New York, they're still waiting for regulators to act; and in California, the state's dozen or so lounges are set to double in number as more localities okay them. Meanwhile, the nation's capital could be next: In the District of Columbia, the city council just approved a bill allowing them.

8. Safe Injection Sites Are Operating in the United States

Safe injection sites, the harm reduction intervention proven to save lives after years of operation in more than a hundred cities in Australia, Canada, and Europe, are finally getting a toehold in the US. New York City's two safe injection sites have just celebrated their first birthdays after opening in late 2021, and in Rhode Island, a two-year pilot program is underway.

But there will be no safe injection sites in California after Gov. Gavin Newsom (D) vetoed a bill that would have allowed pilot programs in major cities across the state. And the fate of a proposed Philadelphia safe injection site -- and the Biden administration's attitude toward them -- remains in doubt. That facility was initially blocked by the Trump Justice Department, and two years later, the Biden Justice Department has yet to substantively respond to lawsuit from the site's would-be operators. Just this month, a federal judge gave DOJ just 30 more days to respond. A positive response would remove the obstacle to further expansion of such sites that fear of federal prosecution brings. Meanwhile, the Congressional Research Service has thoughtfully released a report about other options for getting them up and running, such as passing budget amendments similar to those blocking the Justice Department from interfering in marijuana laws.

9. In DC and New York City, Gray Market Weed Finds a Way

In both the nation's capital and the nation's largest city, unregulated marijuana vendors have popped up to supply pent up demand as both cities endure legalization without legal marijuana sales. In New York City, it's only a matter of time before taxed, licensed, and regulators marijuana retailers are able to open, but in the interregnum between legalization and legal access, the pot scene has gone hog wild with marijuana being sold everywhere -- head shops, bodegas, even from folding tables on street corners -- with one particularly hysterical estimate putting the number at "likely tens of thousands of illicit cannabis businesses." The market isn't waiting for the regulators, and its emergence could undercut the legal businesses waiting in the wings. The city has undertaken limited enforcement efforts, but to little effect so far.

In Washington, DC, a congressional rider barring taxed and regulated marijuana sales has seen something similar, but with a DC twist: a multitude of shops that will "gift" you marijuana when you purchase some other item. The stores call themselves I-71 shops, after the 2014 initiative that legalized marijuana in the city and they even have their own industry association, which estimates there are a hundred or so of them. The city vowed a crackdown in August, but put that on hold the following month.

10. For the First Time, SAMSHA Funds Harm Reduction

In December 2021, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced that it would for the first time ever make grants available to harm reduction groups to "help increase access to a range of community harm reduction services and support harm reduction service providers as they work to help prevent overdose deaths and reduce health risks often associated with drug use." SAMSHA would make available $10 million a year in grants for the next three years.

And this year, the first tranche went out. Some 25 different programs from the Lost Dreams Awakening Center in New Kensington, Pennsylvania, to the Mile High Council on Alcoholism and Drug Abuse in Denver, to the Los Angeles County Health Department got grants this year, almost all of them for $398,960. It's a drop in the bucket compared to federal spending on prohibition -- and compared to harm reduction's full funding needs -- but it's a start.

White House Extends National Drug Trafficking Emergency, OTC Naloxone Could Be Coming, More... (12/13/22)

Kansas lawmakers will push for a medical marijuana bill when the session begins in January, Connecticut's dispensaries will be able to sell to any adult beginning in January, and more.

The opioid overdose reversal drug naloxone. There is a move afoot to make it available OTC. (Creative Commons)
Marijuana Policy

Connecticut Recreational Marijuana Sales Set to Begin January 10. The state Department of Consumer Protection, which regulates marijuana in the state, has announced that the state's seven existing medical marijuana dispensaries had "successfully completed the necessary steps for conversion to a hybrid license," allowing them to also sell to the adult recreational market beginning January 10. Sales will be limited to a "a total of ¼ ounce of cannabis flower or its equivalent per transaction," according to the DCP. The move comes more than a year and a half after Gov. Ned Lamont (D) signed a marijuana legalization bill into law.

Medical Marijuana

Kansas Lawmakers Plan to Introduce Medical Marijuana Bill at Start of Session Next Month. Since the end of the last legislative session, members of the Special Committee on Medical Marijuana have been meeting, compiling data, and evaluating research, and now they say they are ready to file a medical marijuana bill at the beginning of the session beginning next month. "I think what I’m going to do is — and any member is more than welcome — is to take this information and create the bill," said. Sen. Rob Olson (R-Olathe), chair of the medical marijuana committee. "And I’m going to work on a bill with a couple members and then if anybody wants to sign on in the Senate, they’ll be more than able to sign onto that bill and introduce it at the beginning of session." He also called on House lawmakers to file similar legislation. "I think that’s probably the best way forward," Olson said. Kansas is one of the 13 states that have still not legalized medical marijuana.

Foreign Policy

White House Formally Continues Drug Trafficking State of National Emergency. The White House on Monday issued an executive order continuing a state of national emergency "to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by global illicit drug trafficking." Noting that drug overdoses are killing tens of thousands of Americans each year, the order warns that: "Drug cartels, transnational criminal organizations, and their facilitators are the primary sources of illicit drugs and precursor chemicals that fuel the current opioid epidemic, as well as drug-related violence that harms our communities.  International drug trafficking — including the illicit production, global sale, and widespread distribution of illegal drugs; the rise of extremely potent drugs such as fentanyl and other synthetic opioids; as well as the growing role of Internet-based drug sales — continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.  For this reason, the national emergency declared in Executive Order 14059 of December 15, 2021, must continue in effect beyond December 15, 2022.  Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 14059 with respect to global illicit drug trafficking."

Harm Reduction

Major Drug Maker Applies to Sell Over-the-Counter Naloxone. In a move that addiction experts say could save tens of thousands of lives, a major drug maker has applied to sell the opioid overdose reversal drug naloxone over-the-counter. Emergent BioSolutions is now seeking permission to sell the drug without a prescription and says the Food and Drug Administration (FDA) has agreed to fast-track its review. A decision is expected by the end of March. Drug policy experts agreed that making naloxone more widely available is an important step in reducing drug overdoses but raised one concern: price. If OTC naloxone is too expensive, many people using drugs on the street just won't buy it, said University of North Carolina drug researcher Nabarun Dasgupta. "If we have this resource scarcity mentality that this is an expensive product, this is a special product, then people will not take enough kits to do what they need to do."

Fed Judge Gives DOJ Only One-Month Extension in Safe Injection Site Case, More... (12/8/22)

Moves are afoot to rein in Oregon's underground marijuana production, an Iowa law is blocking health authorities from including fentanyl test strips in harm reduction boxes, and more.

Illegal marijuana grow in Jackson County, Oregon. (Jackson County SO)
Marijuana Policy

Oregon 1Bill Would Double Penalties for Illicit Marijuana Grows. Faced with massive unpermitted marijuana growing—police have seized 105 tons of weed this year—and a rising chorus of complaints from police, legal growers, and neighbors, lawmakers have prepared a draft bill that would double maximum prison sentences and fines for unlawful manufacture of more than 100 plants and possession of more than two pounds in public or eight pounds at home. Under the proposed bill, the maximum sentence would jump from five years to 10 and the maximum fine  would jump to $250,000. The bill would also punish property owners for environmental damage and prohibit the use of water (which is owned by the state) for unlicensed marijuana grows. Voters approved legalization in 2014, at least partly on the grounds it would reduce illegal grows, but legalization proponents now say illicit grows will be a problem until the plant is legalized nationwide.

Harm Reduction

Federal Court Gives Justice Department One Month to Respond in Philadelphia Safe Injection Site Case. A federal judge has given the Justice Department just a one-month extension before it has to respond in a lawsuit about the legality of a proposed Philadelphia safe injection site. The Trump administration Justice Department sued to block Safehouse from opening in 2019, and the Biden Justice Department has continued the case while seeking repeated extensions as it talked with Safehouse But when Justice asked for another extension, Safehouse balked at the requested two-month delay, and the judge subsequently cut that request in half. Once it comes, the Justice Department's response should shed some light on whether the agency will or will not continue to challenge the legality of safe injection sites. The department said in February it was evaluating the sites, including discussions about appropriate "guardrails" for them, but with yet another extension request this month, Safehouse's patience is growing thin. "Safehouse did not consent to today’s DOJ request for more time," the group said the day of the filing, noting that the case "has been pending for almost four years." As the group noted, "more than 3,600 lives have been lost in Philadelphia to the opioid overdose crisis" while the case has been ongoing.

Iowa Law Blocks Fentanyl Test Strips from Being Included in Harm Reduction Boxes. The Polk County (Des Moines) Health Department is adding harm reduction boxes at its office and urgent care locations around the city. The boxes will include tourniquets, cotton filters, and needle disposal containers, but not fentanyl test strips, which are considered drug paraphernalia under state law. The Health Department said it supports changing that law, but that has not happened yet. Lawmakers in at least five other states—Alabama, Georgia, New Mexico, Tennessee, and Wisconsin—have taken that action this year.  

Colombia Senate Approves Weed Legalization, DOJ Seeks Delay in Philly Safe Injection Site Case, More... (12/6/22)

An Ohio marijuana legalization bill gets a hearing, a Filipino father wins a small measure of justice for his young son killed in Rodrigo Duterte's drug war, and more.

Legal marijuana is one vote away in the Colombian legislature.
Marijuana Policy

Ohio Marijuana Legalization Bill Gets House Hearing. A pair of legislators, Reps. Casey Weinstein (D-Hudson) and Terrence Upchurch (D-Cleveland) have sponsored a marijuana legalization bill,  House Bill 382, which got a hearing in the House Finance Committee Monday, but no vote. The bill would legalize the possession of up to 5 ounces by people 21 and over, as well a authorizing a marijuana regulatory agency within the Commerce Department to oversee licensing and regulation of marijuana production and sales. There are only a few weeks left in the legislative session, so the bill's prospects are clouded, but the p.air are also supporting a ballot initiative from the Coalition to Regulate Marijuana Like Alcohol. That initiative is currently before the legislature. If lawmakers fail to pass it, it would then go to the voters provided campaigners gather a second set of signatures.

Harm Reduction

Justice Department Asks Court for More Time in "Complex" Safe Injection Site Case. In a case where the Trump Justice Department sought (so far, successfully) block a Philadelphia safe injection site from operating, the Biden Justice Department is now asking a federal court for more time to respond in a lawsuit aimed at settling the legality of such sites in the United States. The group behind the safe injection site, Safehouse, had agreed to earlier delay requests but said it "did not consent" to this one and planned to file an opposition motion Tuesday. Justice said Monday that it "believes an additional two months are necessary to permit careful consideration of the government’s harm reduction and public safety goals.The discussions to date, which have involved coordination among multiple constituencies addressing a novel and complex subject matter, have been and continue to be productive,"it said, noting that DOJ had a status conference with Safehouse attorneys last month and "provided an update"to the court. Safehouse argued that Justice has had enough time and that people are dying of overdoses every day while the department dithers. While the Philadelphia site remains blocked for now, authorities in New York City opened the first officially sanctioned safe injection sites in the country last year. The Biden Justice Department did not seek to shut it down.

International

Colombian Senate Approves Marijuana Legalization Bill. The Senate on Tuesday approved a marijuana legalization bill on a 56-3 vote. The measure has already won initial approval in the Chamber of Representatives, but more votes are still required before it becomes law. Under the bill, authorities would have six months to set rules for the legal marijuana market. The bill would amend the constitution to support "the right of the free development of the personality, allowing citizens to decide on the consumption of cannabis in a regulated legal framework"and would mitigate "arbitrary discriminatory or unequal treatment in front of the population that consumes." The bill has won seven legislative votes, but because it is a constitutional amendment, it must be debated and voted on eight times over two calendar years. The next calendar year starts in less than a month.

Philippine Family Allowed to Correct Death Certificate Killed in Duterte's Drug War. An appeals court has granted Rodrigo Baylon's petition to modify the death certificate for his nine-year-old son, Lenin, who was killed by stray bullets in an operation where police in Caloocan City killed two women drug suspects. Lenin's official death certificate falsely claimed that he died from bronchopneumonia. The Reuters news agency has identified at least 14 other cases of drug war victims deaths' being falsely attributed to natural causes. Baylon's effort to correct his son's death certificate was rejected by a lower court in 2019, but the Court of Appeals agreed with him and ordered the cause of death changed to "gunshot wound," a ruling Baylon called "a small victory." Tens of thousands of people were killed in the bloody drug unleashed by then-President Rodrigo Duterte after he took office in 2016. 

RI Recreational Marijuana Sales Begin, Berkeley Could Decriminallize LSD, More... (12/1/22)

A global coalition is calling on UN drug bureaucracies to condemn the sudden resumption of drug executions in Saudi Arabia, a new Gallup poll has continuing high support for marijuana legalization, and more.

Legal pot sales for adults have begun in Rhode Island. (Sondra Yruel/DPA)
Marijuana Policy

Gallup Poll Finds Support for Marijuana Legalization Steady at 68 Percent. A new Gallup poll finds that support for marijuana legalization remains at a record high 68 percent for the third year in a row. It's a remarkable evolution in public opinion over the past half-century, with support at a measly 12 percent in 1969, rising to 31 percent in 2000, and achieving majority support in 2013. In every Gallup poll since 2016, at least 60 percent have supported legalization.

Rhode Island Recreational Marijuana Sales Have Begun. As of today, five existing medical marijuana dispensaries are now "hybrid" stores, selling recreational as well a medical marijuana. The first sale was shortly after 5 a.m., when Mother Earth Wellness in Pawtucket opened its doors.

Harm Reduction

Ohio House Approves Fentanyl Test Strip Decriminalization Bill. The House on Wednesday approved a bill to try to reduce drug overdose deaths by decriminalizing the possession of fentanyl test strips, House Bill 456. Ohio saw 5,204 people die of drug overdoses in 2020, 81 percent of them involving fentanyl. Similar legislation has been filed in the Senate.

Psychedelics

Berkeley Health Commissioners Recommend Decriminalization of Use of Hallucinogens, Including LSD. The Bay area city's health commissioners voted unanimously Tuesday night to recommend that the city council decriminalize the use of psychedelics, and they did not limit themselves to natural psychedelics, explicitly embracing the decriminalization of LSD as well. The city is now in line to become the first to decriminalize LSD if the city council approves it. Fifteen cities across the country have decriminalized natural psychedelics, but those measures excluded synthetic psychedelics such as LSD.

International

Global Coalition Calls on International Bodies to Condemn Saudi Arabia Drug Executions. The European Saudi Organization for Human Rights, Harm Reduction International, and the World Coalition Against the Death Penalty along with 32 other NGOs have called on the International Narcotics Control Board and the United Nations Office on Drugs and Crime to act on urgent measures in response to the series of drug-related executions carried out by the Kingdom. Saudi Arabia since November 10, 2022. The groups called on both organisms to seek confirmation from the Saudi government of the status of dozens of people on death row and at imminent risk of execution and to demand that the Saudi government immediately halt all drug-related executions. The Saudi government had halted drug executions in January 2020, but suddenly and without warning resumed them on November 10 and announced 20 such executions on November 24. 

Another Poll Shows Supermajority for Marijuana, OH Fentanyl Test Strip Bill Moving, More... (11/30/22)

A push is on to get marijuana on the ballot in Ohoi next year, the UNODC warns Bolivia about synthetic drugs such as fentanyl, and more.

Fentanyl test strips can save lives. (Creative Commons)
Marijuana Policy

Poll: Nearly Three in Four Likely Voters Support "Ending the Federal Ban" on Marijuana, Other Federal Reforms. A new poll from the progressive-leaning Data for Progress finds 74 percent of likely voters say that they "support ending the federal ban on marijuana." Eighty-five percent of Democrats, along with 74 percent of Independents and 63 percent of Republicans, endorsed repealing federal prohibition. Similar levels of support were evidenced for allowing state-legal marijuana programs "lawful access to US financial systems," not barring workers in the marijuana industry from accessing federal benefits, and not removing people from federally assisted housing in jurisdictions where marijuana is legal.

Ohio Advocates Push to Get Adult-Use Cannabis Legalization Measure on 2023 Ballot. The Coalition to Regulate Marijuana Like Alcohol has begun signature gathering to put a marijuana legalization initiative on the November 2023 ballot. The campaign now has about eight weeks to collect 130,000 valid voter signatures to qualify for the ballot. In the meantime, under a court settlement, the legislature will take up the measure in January, and i-- it fails to pass it, it will go before voters—provided the campaign has come up with the required signatures. The initiative would allow people 21 and over to possess and consume marijuana, which would come with a 10 percent sales tax.

Harm Reduction

Ohio Fentanyl Test Strip Decriminalization Bill Wins Committee Vote. A bill to try to reduce drug overdose deaths by decriminalizing the possession of fentanyl test strips, House Bill 456, won a final House committee vote Monday before heading to a House floor vote Wednesday. The bill’s sponsor, Rep. Kristin Boggs(D-Columbus)described the change as "one more avenue"to avoid overdose.  Ohio saw 5,204 people die of drug overdoses in 2020, 81 percent of them involving fentanyl. Similar legislation has been filed in the Senate.

International

UN Says Growth of Bolivian Coca Crop Slows but Warns of Synthetic Drugs. The UN Office on Drugs and Crime (UNODC) and the European Union warned Bolivia about the presence of synthetic drugs in the national market even as they acknowledged a slow-down in the increase of coca production. UNODC said coca cultivation had increased 4 percent in 2021, the lowest increase in recent years, but the Bolivian government challenged that figure, saying there had actually been a slight decrease. But fentanyl was also on the UNODC's mind: "There were seizures of synthetic drugs including fentanyl, an opioid that causes a large number of deaths in Europe. There is a national market. This is a problem for us and it will be for Bolivia", said Trolls Wester, UNODC Bolivia representative.

Report on Options for Safe Injection Sites, Berkeley Could Decriminalize LSD, More... (11/28/22)

Irish opposition parties are talking drug reform, the Congressional Research Service issues a report on how to get around legal proscriptions on safe injection sites, and more.

LSD in blotter acid form. There is a proposal in Berkeley to decriminalize it. (Creative Commons)
Psychedelics

Berkeley Ponders Becoming First City to Decriminalize Not Just Natural Psychedelics But LSD, Too. A proposed ordinance to decriminalize natural psychedelic drugs such as magic mushrooms that has been under study in the city for the past three years may be expanded to include the synthetic hallucinogen LSD as well. A pair of Berkeley community health commissioners are promoting the move, saying that LSD meets the definition of a psychedelic and that "nobody deserves to go to jail for having a psychedelic experience." They have now rewritten the 2019 proposed ordinance to include LSD, prompting Decriminalize Nature, the original sponsors o the ordinance to now oppose it. The Community Health Commission is set to vote Tuesday on whether to refer the rewritten ordinance to the city council. At least 15 towns or cities across the US have passed natural psychedelic decriminalization or lowest priority ordinances, but Berkeley's would be the first to include LSD.

Harm Reduction

Congressional Research Service Provide Options for Allowing Safe Injection Sites The service, a nonpartisan agency that provides information on all kinds of issues to Congress, has issued a report highlighting the "uncertainty" of the federal government's position on safe injection sites, but also pointing out that the facilities could operate securely if Congress passed legislation barring the Justice Department from interfering with them, similar to actions it has taken to allow state medical marijuana laws to be implemented. The Trump administration Justice Department filed a lawsuit to block a Philadelphia safe injection site from opening, and the Biden Justice Department has so far shown much less enthusiasm for attacking the harm reduction facilities, but their fate remains uncertain. While the Biden administration is evaluating the legality of the facilities, CRS said: "Congress could resolve that uncertainty by enacting legislation. If Congress decided to allow supervised consumption sites to operate, it could consider the breadth of such authorization. One option would be to exempt supervised consumption sites from CSA control entirely" Or Congress could approve a temporary spending bill rider "to exempt from federal prosecution facilities operating in compliance with state and local law, as it has done with state-sanctioned medical marijuana activities." A third option "would be for Congress to impose specific registration requirements for supervised consumption sites under the CSA, as it has done for entities that administer medication-assisted treatment for opioid addiction," CRS continued. The report is Recent Developments in Opioid Regulation Under the Controlled Substances Act.

International

.Two opposition parties are championing major reforms in drug policy, albeit with two distinct proposals. People Before Profit's Gino Kenny has filed a private members' bill to decriminalize the possession of up to seven grams of marijuana, while the Labor Party is proposing a broader drug decriminalization bill. Kenny said marijuana prohibition is "a waste of time and resources" and that "there is a groundswell of opinion for a different narrative and a different status quo." The Labor Party, meanwhile is set to file its drug decriminalization bill Wednesday, with proponents arguing again that persecuting drug users was a waste of the police and the courts' time. But Minister of State at the Department of Health Frank Feighan said that the current government follows a drug strategy that embodies a "health-led rather than a criminal justice approach to drug use," it has no plans to decriminalize any drugs. 

More Than 300,000 Pot Arrests in 2020, FDA Points Toward OTC Naloxone, More... (11/17/22)

Congress passes a marijuana research bill, a bipatisan pair of senators file a psychedelic research and rescheduling bill, and more,

The FDA is moving to make the opioid overdose reversal drug naloxone over-the-counter. (Creative Commons)
Marijuana Policy

Despite Legalization in Nearly Half the Country, More Than 300,000 People Were Arrested for Marijuana in 2020. Some 317,79 people were arrested on marijuana charges in 2020, according to the FBI. That is a 36 percent decline from 2019, but it still the equivalent of arresting every resident of a mid-size city such as Orlando, Corpus Christi, or Riverside, California. The marijuana arrest figure is also for the first time not the most common cause for a drug arrest, with 36 percent of drug arrests for stimulants such as cocaine and methamphetamine, compared to 27 percent for arresting marijuana. Black Americans continued to bear the brunt of marijuana law enforcement, accounting for 38 percent of all pot arrests despite making up only 13 percent of the population.

Congress Passes Marijuana Research Bill. With a final vote in the Senate Wednesday, both houses of Congress have approved the Medical Marijuana and Cannabidiol Research Expansion Act (HR 8454). The bill now goes to the desk of President Joe Biden (D). If he signs it, it will open the way to further research into the medical benefit of marijuana and CBD. Under the bill, the DEA must allow registered entities to manufacture, distribute, dispense, and possess marijuana for research purposes. "There is substantial evidence that marijuana-derived medications can and are providing major health benefits. Our bill will make it easier to study how these medications can treat various conditions, resulting in more patients being able to easily access safe medications,: said Sen. Dianne Feinstein (D-CA), who introduced the bill along with Sens. Chuck Grassley (R-IA) and Brian Schatz (D-HI). Oregon Rep. Earl Blumenauer (D) introduced the bill in the House.

Harm Reduction

FDA Announces Preliminary Assessment that Certain Naloxone Products Have the Potential to be Safe and Effective for Over-the-Counter Use. The US Food and Drug Administration on Wednesday issued a Federal Register notice, Safety and Effectiveness of Certain Naloxone Hydrochloride Drug Products for Nonprescription Use, that may help facilitate the development and approval of certain nonprescription naloxone drug products, including through the switch of certain naloxone drug products from prescription status to nonprescription status. Naloxone is a medicine that can help reduce opioid overdose deaths and when administered timely, usually within minutes of the first signs of an opioid overdose, can counter the overdose effects. "Today’s action supports our efforts to combat the opioid overdose crisis by helping expand access to naloxone," said FDA Commissioner Robert M. Califf, M.D. "The agency will keep overdose prevention and reduction in substance use disorders as a key priority and area of intense strategic focus for action as rapidly as possible."

Psychedelics

Cory Booker, Rand Paul File Bill to Reschedule Psychedelic Breakthrough Therapies and Remove Research Barriers. Sens. Cory Booker (D-NJ) and Rand Paul (R-KY) filed a bill on Thursday that would require the Drug Enforcement Administration (DEA) to transfer breakthrough therapies like psilocybin and MDMA from Schedule I to II, while also removing research barriers for strictly controlled substances, the Breakthrough Therapies Act. The move came on the same day that House lawmakers announced the formation of psychedelic caucus aimed at promoting new treatments from currently controlled substances. The bill would amend the Controlled Substances Act to create a procedure where current Schedule I drugs could be designated as breakthrough therapies could be transferred to a lower schedule that would make it easier to research them and promote drug development.

KY Governor Signs MedMJ Executive Order, AMA Endorses Fentanyl Test Strips, More... (11/16/22)

A congressional committee takes up marijuana legalization, Pennsylvania's governor signs a fentanyl test strip bill into law, and more.

Marijuana got a hearing on the Hill Tuesday. (Creative Commons)
Marijuana Policy

Congressional Committee Holds Hearing on Marijuana Legalization. The House Oversight Subcommittee on Civil Rights and Civil Liberties held a hearing Tuesday on marijuana legalization. Led by Chairman Jamie Raskin (D-MD), the committee examined "Developments in State Cannabis Laws and Bipartisan Cannabis Reforms at the Federal Level," using a joint memo published last Friday to lay out the main points of discussion.

Witnesses included Woodfin (Mayor of Birmingham, Alabama), Paul Armentano (Deputy Director of NORML), Andrew Freedman (Executive Director of Coalition for Cannabis Policy, Education, and Regulation [CPEAR]), Eric Goepel (Founder and CEO of Veterans Cannabis Coalition), Keeda Haynes (Senior Legal Advisor of Free Hearts), Amber Littlejohn (Policy Advisor of Global Alliance for Cannabis Commerce), and Jillian Snider (Policy Director of Criminal Justice & Civil Liberties). Among topics covered were the failed war on drugs, the need for state-level action to accompany President Biden's marijuana pardon announcement, veterans' access to medical marijuana, and hemp's potential as a building material. No votes were taken.

Medical Marijuana

Kentucky Governor Signs Executive Order Allowing Some Residents to Use Medical Marijuana. Gov. Andy Beshear (D) on Tuesday signed an executive order allowing patients who meet certain requirements to use and possess medical marijuana. Those eligible must suffer from one of 21 specified medical conditions. The medicine must be purchased in a state where it is legal (and keep your receipt!) and will be limited to eight ounces. Patients must get a letter from a physician certifying that they suffer from one of the specified conditions. The plan goes into effect on January 1.

Harm Reduction

AMA Reiterates Call for Harm Reduction Measures to Attack Overdose Problem. At its annual interim meeting this month, the American Medical Association passed a resolution encouraging the use of harm reduction practices to reduce overdose deaths in the county. The resolution called on city and state medical societies to advocate for harm reduction policies that create immunity for "drug paraphernalia" used in harm reduction, such as fentanyl test strips. "Fentanyl test strips are a point-of-care test that identifies fentanyl contamination in a drug supply with a specificity of 87.5% and a sensitivity of 95.2%," the resolution notes, but also notes that "possession of fentanyl test strips is explicitly legal in only 22 states."

But it is not just fentanyl test strips that the AMA wants to see: "The AMA has strongly supported increased use of a broad array of harm-reduction efforts to reduce death and other harms from nonmedical use of drugs, including for people who inject drugs," the group said. "These efforts include greater access to naloxone, syringe services programs and pilot programs for overdose prevention sites/supervised injection-use facilities. Fentanyl strips are part of this effort, and we urge states to take steps to help a vulnerable population."

Pennsylvania Governor Signs Fentanyl Test Strip Legislation in Bid to Reduce Overdoses. Gov. Tom Wolf (D) held a ceremonial signing Wedmesday for a new law (Act 111) that legalizes the use of fentanyl test strips and other forms of drug checking to prevent overdose deaths. The legislation passed the state House and Senate unanimously before going to the Governor's desk. The most recent data show Pennsylvania had the third highest number of overdose deaths of any state in the country for the 12-month period ending May 2022. Fentanyl test strips allow people who use drugs to easily test the drugs for the presence of fentanyl.

PA Governor Signs Fentanyl Test Strip Bill, Ecuador Drug Gang Violence Spikes, More... (11/4/22)

A late poll has good news for the Missouri marijuana legalization initiative, drug gangs rampage in Ecuador, and more.

Sen. Tom Hickenlooper (D-CO) files a bill to set up a framework for federal marijunana legalization. (senate.gov)
Marijuana Policy

Sen. Hickenlooper Introduces Bill to Develop Federal Marijuana Legalization Framework. Sen. John Hickenlooper (D-CO) on Thursday announced a plan to roll out legislation to create a framework for federal marijuana legalization. His proposed bill, the PREPARE Act, would create a "Commission on the Federal Regulation of Cannabis," which would make recommendations related to marijuana policy, but would not be empowered to set policies itself. "This bill will provide lawmakers across the ideological spectrum the opportunity to engage on cannabis reform by creating a fair, honest, and publicly transparent process for the federal government to establish effective regulation to be enacted upon the termination of its 85-year prohibition of cannabis," Hickenlooper's office wrote in a summary of the bill.

New Missouri Poll Has Marijuana Initiative Winning. Polling on the fate of the Amendment 3 marijuana legalization initiative has been all over the place, with two recent polls showing it losing with 43 percent and 48 percent of the vote. But a third recent poll had it winning with 62 percent of the vote. That poll was from SurveyUSA, and now that polling organization is out with a new poll, again having the initiative winning, this time with 61 percent of the vote. Twenty-eight percent were opposed and 11 percent were undecided, with those undecideds evenly split between potential supporters and opponents.

Harm Reduction

Pennsylvania Governor Signs Bill Decriminalizing Fentanyl Test Strips. Gov. Tom Wolf (D) on Thursday signed into law House Bill 1393, which decriminalizes fentanyl test strips. It does so by no longer defining the test strips as drug paraphernalia under the state's Controlled Substance, Drug, Devices, and Cosmetic Act of 1972. Pennsylvania thus becomes the latest of a number of states that have passed similar legislation this year in a bid to reduce the rising incidence of fentanyl-involved fatal drug overdoses. "Fentanyl is undetectable through sight, taste, and smell. Unless a drug is tested with a fentanyl test strip, it is nearly impossible for an individual to know if it has been laced with fentanyl," said Pennsylvania Department of Drug and Alcohol Programs Secretary Jen Smith. "We continue to encourage all Pennsylvanians to equip themselves with the life-saving drug naloxone and now with the legalization of fentanyl test strips, individuals have an additional tool to fight the overdose crisis. This legalization is a big win in the harm reduction space."

International

Ecuador State of Emergency Declared as Drug Gang Violence Spikes. President Guillermo Lasso declared a new state of emergency Tuesday and a 9:00pm curfew in the Guayas and Esmeraldas regions of the country after an outbreak of gang violence that included two headless bodies hanging from a pedestrian bridge, prison guards taken hostage by inmates, a series of nine car bomb explosions in two coastal cities, and the shooting deaths of five police officers. President Lasso said the violence was "a declaration of open war" and that he was "prepared to act harshly" to suppress it.

Lasso added that soldiers and police had raided jails and seized weapons, included thousands of explosive and dynamite sticks, and arrested 28 people. Still, fresh clashes were reported in prisons in Guayaquil. Analysts say the local gangs are emboldened by lucrative links to Mexican drug trafficking organizations and are resorting to violence in a bid to intimidate authorities.

"In certain areas, the state has been displaced," said Col Mario Pazmiño, the former director of Ecuador's military intelligence, referring to parts of Guayaquil and Ecuador's Pacific coast. "We are talking about criminal rule with this new escalation in the level of violence."

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