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Medical Marijuana Update

Mississippi's Republican governor says the legislature should create a medical marijuana program, a Pennsylvania court upholds the unemployment claims of a patient fired for off-the-job medical marijuana use, and more.

Colorado

Colorado Governor Signs Medical Marijuana Restrictions Bill. Gov. Jared Polis (D) on Monday signed into law House Bill 1317, which includes added medical and mental health reviews during patient applications, an expanded medical marijuana tracking system, and a required dosage amount.

Mississippi

Mississippi Governor Says Legislature Should Create Medical Marijuana Program. In the wake of a state Supreme Court decision invalidating the state's voter-approved medical marijuana law, Governor Tate Reeves (D) says he wants lawmakers to craft a medical marijuana program. "I support the will of the voters... I think we will have a medical marijuana program in Mississippi," he said. "It is imperative that we get it done, and get it done quickly."

New Jersey

New Jersey Patient Sues Former Employer for Firing Him for Off-Duty Medical Marijuana Use. A medical marijuana patient, Jamal Campbell, is suing his former employer, Watco Companies and Watco Transloading LLC, in federal court for firing him for using doctor-recommended medical marijuana to treat an injury he got at work. Campbell says the state's medical marijuana law should protect him. The state's top court ruled last year that employers cannot fire medical marijuana patients for marijuana use as long as they don't use it at work.

Pennsylvania

Pennsylvania House Approves Making Medical Marijuana Pandemic Revisions Permanent. The House on Monday approved a bill which would make permanent changes temporarily put in place during the coronavirus pandemic. Under the bill, patients could continue to pick up their medicine outside a dispensary instead of coming into the building and could purchase a three-month supply instead of a one-month supply. The measure now heads to the Senate.

Pennsylvania Court Oks Unemployment Claim After Medical Marijuana Firing. A state appeals court ruled Tuesday that a warehouse worker fired from his job testing positive for marijuana is entitled to unemployment benefits because his employer was aware he was a medical marijuana patient. With its ruling, the court upheld an earlier decision by the state Unemployment Compensation Board of Review.

National Poll Find Majority Supports Drug Decrim, CT Legal Pot Bill Delayed, More... (6/9/21)

Connecticut's marijuana legalization bill gets bumped to a special session later this month, Washington state marijuana regulators allow pot shops to hand out free joints to people who get vaccinated in-store, and more.

Marijuana Policy

Connecticut Marijuana Legalization Bill Delayed to Special Session. Facing threats of a filibuster from Republican House members on the last day of the regular session, House Speaker Matt Ritter (D) said he was delaying a planned vote on Senate Bill 1118 and would take up the topic during a special session later this month. That means the bill, which passed the Senate on Tuesday, will technically die at midnight tonight and will have to pass both chambers during the special session.

Washington State Regulators Okay Joints for Jabs. The state Liquor and Cannabis Board announced Monday it will allow licensed dispensaries to provide a free joint to customers who get vaccinated at in-store clinics. "Participating cannabis retailers may only provide a pre-roll joint, and no other product may be provided as part of this allowance," the board said. The temporary allowance will expire on July 12.

Medical Marijuana

New Jersey Patient Sues Former Employer for Firing Him for Off-Duty Medical Marijuana Use. A medical marijuana patient, Jamal Campbell, is suing his former employer, Watco Companies and Watco Transloading LLC, in federal court for firing him for using doctor-recommended medical marijuana to treat an injury he got at work. Campbell says the state's medical marijuana law should protect him. The state's top court ruled last year that employers cannot fire medical marijuana patients for marijuana use as long as they don't use it at work.

Pennsylvania Court Okays Unemployment Claim After Medical Marijuana Firing. A state appeals court ruled Tuesday that a warehouse worker fired from his job testing positive for marijuana is entitled to unemployment benefits because his employer was aware he was a medical marijuana patient. With its ruling, the court upheld an earlier decision by the state Unemployment Compensation Board of Review.

Psychedelics

Connecticut Governor Signs Therapeutic Psilocybin Study Bill. Gov. Ned Lamont (D) on Monday signed into law Senate Bill1083, which includes a provision mandating that the state carry out a study into the therapeutic potential of psilocybin mushrooms. "Such study shall include, but need not be limited to, an examination of whether the use of psilocybin by a person under the direction of a health care provider may be beneficial to the person's physical or mental wellbeing," the text of the measure states.

Drug Policy

On 50th Anniversary of "War on Drugs," New Poll Shows Majority of Voters Support Ending Criminal Penalties for Drug Possession, Think Drug War is a Failure. Wednesday, ahead of the 50th anniversary of when President Richard Nixon declared the "war on drugs," the American Civil Liberties Union (ACLU) and the Drug Policy Alliance (DPA) released a Bully Pulpit Interactive (BPI) poll showing strong support for eliminating criminal penalties for drug possession and replacing it with a new approach centered in public health. The poll found 66% of voters support "eliminating criminal penalties for drug possession and reinvesting drug enforcement resources into treatment and addiction services," 63% say drug use should be addressed as a public health issue while only 33% say it should be addressed as a criminal justice issue, 65% support ending the "War on Drugs," 64% support repealing mandatory minimums for drug offenses, 61% support commuting sentences of drug war prisoners, and a whopping 83% say the "War on Drugs" has failed.

Biden's Drug Policy Priorities Are a Small Step in the Right Direction, But Old Attitudes Linger [FEATURE]

On April 1, the Biden administration gave us the first big hint of what its drug policy will look like as it released the congressionally-mandated Statement of Drug Policy Priorities for Year One. The result is a definite mixed bag: a heavy dose of drug prevention, treatment, and recovery, along with an acknowledgement of harm reduction and a nod in the direction of racially-sensitive criminal justice reform, but also a reflexive reliance on prohibitionist drug war policies both at home and abroad.

And nothing about the most widely used illicit drug by far: marijuana. The word "marijuana" appears not once in the heavily annotated 11-page document, and the word "cannabis" only once, in the title of an academic research paper about the onset of teen drug use in the footnotes. That's perhaps not so surprising, given that, in response to a reporter's question, Vice President Harris said last week the administration was too busy dealing with other crises to worry about making good its campaign pledges about marijuana reform.

What is on the administration's mind is "the overdose and addiction crisis." Citing ever-increasing drug overdose deaths, the statement says "addressing the overdose and addiction epidemic is an urgent priority for [the] administration." But the solution is not to imprison drug users, with the statement noting that "President Biden has also said that people should not be incarcerated for drug use but should be offered treatment instead." (Underlying that seemingly humane approach is the errant presumption that all or most drug users are addicts in need of treatment when, depending on the drug, only between one in five and one in 10 drug users fit that dependent or problematic drug user description.)

Here are the Biden administration's drug policy priorities, all of which are gone into in detail in the statement:

  • Expanding access to evidence-based treatment;
  • Advancing racial equity issues in our approach to drug policy;
  • Enhancing evidence-based harm reduction efforts;
  • Supporting evidence-based prevention efforts to reduce youth substance use;
  • Reducing the supply of illicit substances;
  • Advancing recovery-ready workplaces and expanding the addiction workforce; and
  • Expanding access to recovery support services.

Prioritizing treatment, prevention, and recovery is bound to be music to the ears of advocacy groups such as Faces and Voices in Recovery (FAVOR), whose own federal policy and advocacy priorities, while focusing on specific legislation, lean in the same direction. But the group also advocates for harm reduction practices the administration omits, particularly supervised consumption sites. FAVOR noted the administration's statement without comment.

As with the failure to even mention marijuana, the Biden administration's failure to include supervised consumption sites in its embrace of harm reduction -- it is wholeheartedly behind needle exchanges, for example -- is another indication that the administration is in no hurry no rush down a progressive drug reform path. And its prioritizing of supply reduction implies continued drug war in Latin America ("working with key partners like Mexico and Colombia") and at home, via support of High Intensity Drug Trafficking Areas (HIDTA) and "multi-jurisdictional task forces and other law enforcement efforts to disrupt and dismantle transnational drug trafficking and money laundering organizations." Prohibition is a hard drug to kick.

Still, naming advancing racial equity issues as a key priority is evidence that the Biden administration is serious about getting at some of the most perverse and corrosive outcomes of the war on drugs and is in line with its broader push for racial justice, as exemplified by Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government," issued on Biden's first day in office. And it is in this context that criminal justice system reform gets prioritized, although somewhat vaguely, with the promise of the creation of an "interagency working group to agree on specific policy priorities for criminal justice reform."

The Drug Policy Alliance (DPA) has some specific policy priorities for criminal justice reform, too, and they go far beyond where the administration is at. In its 2020 Roadmap for the incoming administration released in November, the group calls for federal marijuana legalization, drug decriminalization, and a slew of other criminal justice and policing reforms ranging from ending mandatory minimum sentencing and the deportation of non-citizens for drug possession to barring no-knock police raids, ending the transfer of military surplus equipment for counter-narcotics law enforcement, and dismantling the DEA. And the federal government should get out of the way of supervised consumption sites, or in DPA's politically attuned language "overdose prevention centers."

"We're glad the administration is taking important steps to address the overdose crisis -- by increasing access and funding to harm reduction services and reducing barriers to life-saving medications -- especially as people are dying at an alarming rate. We also appreciate their commitment to studying how to advance racial equity in our drug policies and best implement innovative practices on the ground. But it's clearly not enough. We need action," DPA Director of the Office of National Affairs Maritza Perez said in a statement responding to the administration's statement. "Black, Latinx and Indigenous people continue to lose their lives at the hands of law enforcement in the name of the drug war, and yet, the administration has chosen to prioritize increased funding for law enforcement. We need supervised consumption sites, not more money for police."

"And while we commend the Administration for taking steps to reduce employment discrimination, unless we address the biggest barrier for people trying to get a job -- past drug convictions and arrests -- we will still be left with significant inequities and racial disparities in the workplace," Perez continued. "It's time we get serious about saving lives and repairing the damage that has been caused by the drug war, particularly on Black, Latinx and Indigenous communities. We can start by passing federal marijuana reform and ending the criminalization of people for drugs in all forms."

Young drug reformers also had a few bones to pick with the administration's priorities. In their own statement in response to the administration, Students for Sensible Drug Policy applauded priorities such as more access to treatment and more research on racial equity, it complained that the administration priorities "fail to provide adequate support to Young People Who Use Drugs (YPWUD) in this country" -- especially those who use drugs non-problematically.

"There are no steps being taken to support YPWUD that do not want to and will not stop using drugs," SSDP said. "Young people have feared and faced the consequences of punitive drug policies and shouldered the burden of caring for their peers who use drugs for far too long. Young leaders calling for drug policy reform recognize that simply using drugs is not problematic and that we can support the safe and prosperous futures of People Who Use Drugs (PWUD) without forcing them to stop as a pre-condition for compassion, care, and opportunity."

Although only time will tell, for drug reformers, the Biden administration is looking like a step in the right direction, but only a step, and its policy prescriptions are limited by a vision of drug use rooted in the last century. Perhaps they can be pressured and prodded to plot a more progressive drug policy path.

Norway Government Proposes Depenalization, ND House Approves MedMJ Edibles, More... (2/19/21)

Medical marijuana is receiving attention at various state houses, a trio of US senators warn the Philippine government on imprisoned drug war critic Sen. Leila De Lima, the Iowa Senate looks resolutely backwards, and more.

Medical marijuana is on people's minds in various state legislatures right now. (Creative Commons)
Medical Marijuana

North Dakota House Approves Medical Marijuana Edibles. The House has approved a measure, House Bill 1391, that would allow medical marijuana patients to use edibles. The bill would limit edibles to 10 milligrams of THC and allow patients to possess edibles with up to 500 milligrams.

New Jersey Medical Marijuana Licensing to Resume After Appellate Court Ruling. The state's appellate court ruled Thursday to uphold the denial of seven medical marijuana licenses, clearing the way for the state to begin dealing with nearly 150 license applications that have piled up while the case was being contested.

Virginia General Assembly Approves Sales of Buds for Medical Marijuana Patients. A bill that would allow medical marijuana patients to buy flowers, House Bill 221, has passed the General Assembly. Currently, only highly processed oils, tinctures and edibles are allowed to be sold. The bill now goes to Gov. Ralph Northam (D).

Oklahoma House Approves Expanding Non-Resident Medical Marijuana Patient Licenses. The House voted on Thursday to approve House Bill 2022, which would extend the length of medical marijuana licenses granted to out-of-state residents. The bill would lengthen the licenses' period of validity from 30 days to two years. The bill also would open up licenses to resident of all 50 states, not just those with existing medical marijuana. The bill must still be approved by the Senate.

Drug Paraphernalia

Iowa Senate Approves Bill to Crack Down on Meth Pipes. The Senate on Wednesday unanimously approved Senate File 363, which aims to crack down on businesses selling glass pipes for smoking meth by requiring them to pay a $1,500 licensing fee and charging a 40% surcharge tax on each pipe sold. The bill carries civil penalties for selling without a license and makes using the devices as drug paraphernalia a serious misdemeanor. The bill now goes to the House.

Drug Testing

Iowa Senate Approves Bill to Make Using Synthetic Urine to Defeat a Drug Test a Crime. The Senate voted on Wednesday to approve House File 283, which would make it a criminal offense for an employee to use synthetic urine to "defraud" a workplace drug test. A first offense would be a misdemeanor punishable by up to a year in jail. The bill now goes to the House.

Foreign Policy

US Senators Urge Full Exoneration and Release of Philippines Drug War Critic Senator Leila De Lima. On Thursday, Senators Edward J. Markey (D-MA) top Democrat on the East Asia and Pacific Subcommittee, Dick Durbin (D-IL), and Patrick Leahy (D-VT), released a statement regarding the acquittal of Senator Leila de Lima in one of three bogus charges filed against her by the Government of the Philippines. Senator de Lima has been unjustly detained for four years next week on politically-motivated charges, widely condemned by human rights organizations and governments around the world as an illegitimate response meant to punish her for criticizing the policies of President Rodrigo Duterte. "While we are pleased that one of the three illegitimate charges against Senator De Lima has been dropped, it is clearly not enough." said the Senators. "The Duterte administration has wrongfully detained Senator De Lima for four years under false charges because she is willing to speak out and stand up to the egregious abuses of the government. President Duterte has tried to silence his critics and the independent press through false and politically motivated charges, but his disdain for human rights, free speech, and democracy is on clear display to the world. We will continue to hold the Duterte government responsible for its abuses until Senator De Lima is released, all of the fabricated charges against her and other prisoners of conscience are dismissed, and the victims of President Duterte's campaign of abuse against the Filipino people have obtained justice."

International

Norwegian Government Proposes Drug Depenalization. Norway's center-right government proposed Friday a dramatic restructuring of its drug laws to focus on treatment rather than jail or fines for people found in possession of small quantities of drugs. "Decades of criminal punishment has not worked," said Liberal Party leader and Education Minister Guri Melby. "We will no longer stand by and watch people being stigmatised and called criminals when they are in fact ill." Drugs would remain illegal, but possession of small quantities would no longer be punished. Instead people would face mandatory drug counseling, and a fine for refusing to participate. The move comes as the government faces a rising challenge in the September parliamentary elections from the Center Party, which has criticized the plans as leading to more drug use, not less.

Medical Marijuana Update

Some of the remaining non-medical marijuana states are moving to get on the bandwagon, the NLRB says medical marijuana workers in Pennsylvania can't unionize, and more.

Alabama

Alabama Senate Committee Approves Medical Marijuana Legalization Bill. A bill to legalize medical marijuana, Senate Bill 46, was approved by the Senate Judiciary Committee last Wednesday. Sponsored by Sen. Tim Melson (R), the bill would set up a state medical marijuana commission, but would limit access to patients who have been diagnosed with one of about 20 qualifying conditions.

Idaho

Idaho Medical Marijuana Bill Wins Committee Vote. A bill that would legalize medical marijuana in the state won a vote in the House Health and Welfare Committee Monday. Although sponsored by the committee, the bill was actually written by Sgt. Jeremy Kitzhaber, a US Air Force veteran with terminal cancer, who testified before the vote Monday. "I'm here to talk with you about my desire for medical cannabis to be legalized here in Idaho, with specific limitations and controls," Kitzhaber said. "I've spent years writing and editing this legislation, to make it something that would allow medical cannabis to reach those who need it, but not necessarily reach those who just want it."

Kansas

Kansas Governor Pushes for Medical Marijuana to Pay for Medicaid Expansion. Governor Laura Kelly (D) called February 1 for lawmakers to legalize medical marijuana as a means of paying for the expansion of Medicaid in the state. The move comes after Republican legislators blocked Medicaid expansion last year. You have heard many of the comments coming from the opposition have been we can't afford it," Kelly said. "We have just designed a bill that pays for itself and more. There's never been any good argument against expansion other than we can't afford it."

Mississippi

Mississippi Supreme Court Set to Hear Oral Arguments in Medical Cannabis Case. The state Supreme Court has set a date of April 14 to hear oral arguments in a lawsuit challenging the constitutionality of the medical marijuana initiative approved by voters in November. Madison Mayor Mary Hawkins Butler filed the lawsuit, which seeks to invalidate the will of the voters because the state's initiative law is outdated. Under the state constitution, initiative petitioners must collect an equal number of signatures from five congressional districts, but the state now has only four congressional districts, which, Butler argues, makes the initiative vote invalid.

Mississippi Medical Marijuana Bill Moves. The Senate Finance Committee has approved Senate Bill 2765, which would make medical marijuana available to people with specified debilitating and chronic diseases. Last November, voters approved a broader medical marijuana initiative, but it is being challenged in court. The bill sponsor says if the court strikes down the initiative, there will be a bill ready to replace it.

New Jersey

New Jersey Court Hears Oral Arguments in Medical Marijuana Expansion Case. A panel of three appellate court judges heard oral arguments February 2 in a case where rejected medical marijuana applicants sued the state over its licensing procedures. The rejected business applicants argue that the state incorrectly rejected their applications. The case has stalled the expansion of the state's medical marijuana program.

Pennsylvania

Pennsylvania Marijuana Workers Can't Unionize, NLRB Rules. The National Labor Relations Board (NLRB) has squashed an attempt to unionize workers at a medical marijuana facility near Philadelphia. Workers at the AgriKind growing operation cannot be unionized because they are agricultural workers, the NLRB held. Agricultural and farm workers are usually considered to be exempt from federal labor law. The NLRB has ruled in favor of unionizing marijuana workers if their work includes packaging or delivering marijuana.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

NM & UT Safe Injection Site Bills, FL & GA Therapeutic Psilocybin Bills, More... (1/27/21)

There's a marijuana legalization bill filed in Maryland, a second Houston police officer has been indicted on murder charges in a misbegotten drug raid that left two innocent citizens dead, and more.

Marijuana Policy

Maryland Marijuana Legalization Bill Filed. Delegate Jazz Lewis (D-Prince George's County) has filed House Bill 32, which would legalize marijuana and set up a system of taxed and regulated legal marijuana commerce. The bill calls for tax revenues from pot sales to be invested in the state's historically black colleges.

Psychedelics

Florida Therapeutic Psilocybin Bill Coming Soon. State Rep. Michael Grieco (D-Miami Beach) is set to introduce a bill that would legalize psilocybin for therapeutic purposes in the state. The bill is expected to be filed this week. "I know at least two people personally who have gone through microdosing sessions, and they claim it's completely cured their depression," Grieco said. "All this would be doing is creating a controlled environment, where folks can potentially address an issue. We should not be afraid of trying new things, especially if it's controlled and safe."

Hawaii Therapeutic Psilocybin Bill Filed. A bill to legalize the use of psychedelic mushrooms for therapeutic purposes has been filed. Senate Bill 738 would direct the state Health Department to "establish designated treatment centers for the therapeutic administration of psilocybin and psilocyn," the psychoactive compounds in magic mushrooms. The bill would also remove the two substances from the Schedule I of the state's controlled substances list.

Drug Testing

Atlanta Mayor Takes Executive Action Abolishing Pre-Employment Drug Screens for Many Public Employees. Saying municipal drug testing requirements are "outdated and costly barriers to onboarding new talent in the city of Atlanta," Mayor Keisha Lance Bottoms (D) has issued an executive order suspending pre-employment drug tests for city employees not in safety-sensitive positions. Atlanta now joins other major cities, such as New York City and Washington, DC, in eliminating a drug testing requirement as a condition of employment.

Harm Reduction

New Mexico Overdose Bill Would Provide for Safe Injection Sites. Rep. Debbie Armstrong (D-Albuquerque) has filed House Bill 123, which would give localities the authority to set up overdose prevention programs, including safe injection sites, that meet state Health Department guidelines. "Overdose prevention programs in hundreds of other cities across the world have proven to link people who use drugs to treatment and other services, reduce overdose deaths, prevent transmission of HIV and viral hepatitis, and reduce street-based drug use and syringe disposal," says Armstrong. "If we are serious about reducing overdoses, and helping people to feel safe, supported and cared for in order to engage in treatment and recovery, then we have a responsibility to create overdose prevention programs here in New Mexico."

Utah Overdose Bill Would Provide for Safe Injection Sites. State Rep. Jennifer Dailey-Provost (D-Salt Lake City) has filed House Bill 146, which creates an "overdose prevention site," a place for people with substance use disorder to be monitored while actively using opioid drugs. In other words, a safer injection site. "This is in no way, shape, or form a policy that condones drug use or says that it is permissive to do so," she said. "I hope people will look at this with an open mind," she said. She filed the same bill last session, but it went nowhere.

Law Enforcement

Houston Cop Indicted on Murder Charge in Fatal Botched 2019 Drug Raid. Fallout from a misbegotten 2019 drug raid that left a Houston couple dead in their own home continued Monday, as a grand jury indicted Officer Felipe Gallegos on a charge of murder. That now makes 12 officers who have been charged in the incident, with Gallegos being the second one charged with murder. Retired officer Gerald Goines was charged with murder last year as prosecutors accused him of lying to get a search warrant.

PA Bill Says MedWorkers Comp Not Required, Cuomo Says Legalize Now, More... (11/5/20)

New Jersey's vote to legalize marijuana is turning up the heat on nearby governors, Pennsylvania GOP lawmakers move to let employers and insurers off the hook for paying for medical marijuana under workers' compensation claims, and more.

New York Gov. Andrew Cuomo says "the time is ripe" for marijuana legalization in the Empire State. (Creative Commons)
Marijuana Policy

Connecticut Governor Says Legalization Being Looked at This Year. Prodded by New Jersey's vote Tuesday legalizing marijuana, Gov. Ned Lamont (D) said Wednesday his state will likely try again to legalize it this year. "We're much stronger when we work on a regional basis," Lamont said during a Wednesday news conference about marijuana, adding that one of the lessons learned from the coronavirus pandemic is Connecticut is stronger when it works with its neighbors. "My thinking is sort of similar when it comes to marijuana... I think that we do something, we do it on a regional basis," he said.

New York Governor Says Time is Ripe for Marijuana Legalization. Lawmakers in Albany will approve marijuana legalization "this year" because "the pressure is on" after neighboring New Jersey legalized it on Tuesday, Gov. Andrew Cuomo (D) said Thursday. It was unclear if Cuomo was contemplating a special session before year's end or referring to 2021 legislative session. "I think this year it is ripe because the state is going to be desperate for funding" amid the coronavirus crisis. Legalization represents a potential source of revenue, he argued. "I've supported it for years. The question becomes about the money -- about the distribution and the power. What does it always come back down to? Money and power. Who gets the licenses and who gets the money. I think we get there this year."

Medical Marijuana

Pennsylvania Lawmakers File Bill to Let Employers Avoid Paying Workers' Compensation for Medical Marijuana. A group of Republican lawmakers last Friday filed SB 1360, which would allow employers and insurers to not be required to cover or reimburse for medical marijuana for injured workers. The bill would also clarify that an employer can fire a worker who is intoxicated on the job and not hire someone who fails a marijuana drug test. The bill has been referred to the Health and Human Services Committee.

NY Poll Has Strong Majority for Marijuana Legalization, Bolivia's New President Will Industrialize Coca, More... (10/27/20)

Both New Yorkers and Czechs are ready to legalize marijuana, Bolivia's new president wants you to use coca toothpaste, and more.

Both Czechs and New Yorkers are ready to legalize marijuana, polls find. (Creative Commons)
Marijuana Policy

Poll Finds New Yorkers Ready to Legalize Marijuana. A new Spectrum News/Ipsos poll finds that New Yorkers are ready to legalize marijuana. The poll, which comes as Gov. Andrew Cuomo (D) touts legalization as a revenue generator, had 61% of respondents saying they favored legalization.

Drug Testing

Washington Court Upholds Jury Verdict that Directly Observed Urine Collections Did Not Invade Employee's Privacy. A state appellate court has upheld a jury verdict that an employer's requirement that urine collection be directly observed does not invade the employee's privacy. The employee refused the test, arguing that the employer failed to accommodate her PTSD in violation of a state anti-discrimination law, but failed in that argument. The employee also arguing that by sending him home until he agreed to a urine test he had been effectively fired, or "constructively discharged, but did not prevail in that argument either at trial.

International

Bolivia's New President Wants to Industrialize Coca Production. Following the same line as his predecessor, Evo Morales, incoming President Luis Arce of Morales' Movement to Socialism (MAS) Party says he wants to expand industrial uses for the country's coca crops. "We want to not only continue to produce coca, but also industrialize it," Arce said, citing, for example, toothpaste."A coca leaf contains 14 alkaloids, one of which is an excellent remedy for caries, that is why those who chew coca do not have cavities," Arce said.

Czech Poll Shows Narrow Majority for Marijuana Legalization. A new poll from Prazsky Denik has support for marijuana legalization at 54%, with especially strong support from teenagers (72%), twenty-somethings (79%), and people in their thirties (70%). By contrast, support was very weak among people in their fifties (20%) and people over 60 (8%).

VT Governor Hints Could Veto Marijuana Sales Bill, NY Governor Calls for Arrest of Street Drug Users, More... (10/1/20)

New Jersey's governor gets behing the marijuana legalization initiative, the Department of Health and Human Services wants to impose hair drug testing on federal employees, the New Zealand marijuana legalization referendum is facing headwinds, and more.

Vermont Gov. Phil Scott (R) has found a new reason to vote a marijuana sales bill after his old reasons were addressed. (CC)
Marijuana Policy

New Jersey Governor Joins Marijuana Legalization Campaign. In an email from the Democratic State Committee Wednesday, Gov. Phil Murphy (D) called for marijuana to be legalized as a social justice matter. "In fact, Black residents are 3.5 times more likely to be arrested for marijuana possession than White residents," Murphy said. "Legalization would right those wrongs while also spurring massive economic development opportunities, job creation and new tax revenue." Polls show strong support for the measure, but concerns about confusing ballot design and about voting in general in this election are spurring backers to push aggressively in the final weeks.

Vermont Governor Says He Could Veto Marijuana Sales Bill, Cites Racial Justice Objections. Gov. Phil Scott (R) signaled Tuesday that he could veto the bill legalizing marijuana sales, saying he was concerned the bill did not adequately address racial equity issues. Scott had previously raised concerns about impaired driving, local control, and taxation, but after those were addressed in the current legislation, he has found a new issue to be concerned about. "In terms of the pot bill, I haven't made up my mind about that. I have received a lot of groups -- racial equity groups -- that are asking me to veto it," Scott said during a gubernatorial debate. "I was leaning towards letting it go, but I'm really questioning that at this point. I want to hear and listen from them."

Drug Policy

New York Governor Calls for Arrest of Public Drug Users, Raising Hackles Among Harm Reductionists. During a Tuesday press conference in Manhattan, Gov. Andrew Cuomo (D) said police should arrest people injecting drugs on city streets. "The police have to do their jobs, and they have to arrest people who deserve to be arrested," Cuomo said Tuesday. "If somebody is openly injecting drugs on a city street, they should be arrested." The remarks came as Cuomo introduced a five-point plan to stabilize the city, which was short on details. The remarks raised concern about harm reductionists, with the Legal Action Center's Tracie Gardner, a former Cuomo staffer, calling it "a step backwards." She added that "We're supposed to be the leader in responding to people who use drugs. This is not leadership."

Drug Testing

HHS Considering Hair Samples for Federal Employee Drug Testing. The Department of Health and Human Services is considering adding hair testing for federal employees, saying that "hair testing potentially offers several benefits when compared to urine, including directly observed collections, ease of transport and storage, increased specimen stability, and a longer window of drug detection. The department believes these benefits justify pursuing hair testing in federal workplace programs," it said in a Federal Register notice open for comment through November 9. The proposed changes would see hair testing used for pre-employment and random drug testing, but not for "reasonable suspicion" testing.

International

New Zealand Marijuana Legalization Vote Looks to Be a Squeaker. The country is voting on a referendum to legalize marijuana on October 17, and the latest polling suggests a very tight race. 1 News Colmar Brunton polls had the referendum at 43% last November, 40% in June, and 35% now. But another poll conducted by Horizon Research should support and opposition dead even at 49.5% each. Dozens of national political figures including former Prime Minister Helen Clark are now mobilizing in support of the referendum, which is non-binding, but which, if passed, would open the way to a parliamentary vote.

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