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Global Drug Executions Jumped Last Year, the Border Bomb That Wasn't, More... (3/17/23)

Medical marijuana is killed in Kansas but survives in Kentucky, cocaine production hits an all-time high, and more.

The border "bomb" turned out to be a ball stuffed with sand wrapped in duct tape. (CBP)
Medical Marijuana

Kansas GOP Lawmakers Kill Medical Marijuana Bill. Medical marijuana is dead for this session after Republicans in the Senate Federal and State Affairs Committee voted to "table" the medical marijuana bill, Senate Bill 135. Both Democrats on the committee voted to keep the bill alive. The vote came after two days of hearings on the bill, including a full opposition slate of Republican state leaders, health officials, and law enforcement on Thursday.

Kentucky Senate Passes Medical Marijuana Bill. On the last day to keep the bill alive, the Senate voted Thursday to approve a medical marijuana bill, Senate Bill 47. The bill allows for the use of medical marijuana for a list of specified medical conditions, but does not allow for smokeable marijuana. It does set up a system of taxed and regulated medical marijuana production and sales. The House could vote on the bill when the legislature returns for a one-day session at the end of the month.

Foreign Policy

Marjorie Taylor Greene Claims Cartels Left Bomb at Border; It Was a Ball of Sand. MAGA political arsonist Rep. Marjorie Taylor Greene (R-GA) told her two million Twitter followers Wednesday that Mexican drug cartels had planted bombs on US soil at the border to terrorize Americans and kill or injure Border Patrol agents. She posted a picture of what turned out to be a ball stuffed with sand and covered with duct tape and claimed it was "explosive" and a "bomb," adding that "this changes everything" and calling on the US military to "take action" and "end this Cartel led war against America!" But Border Patrol Chief Raul Ortiz quickly shot down Greene's incendiary claim, tweeting that "During a Jan. briefing, leadership was notified that Agents found a duct-taped ball filled with sand that wasn't deemed a threat to agents/public." Greene has not deleted her post and instead doubled-down on her theory in response to the fact check. "That’s not what the border patrol agents are telling me," she retorted on Twitter. But the "bomb" is still just a bag of sand.

Harm Reduction

Mississippi Governor Signs Fentanyl Test Strip Decriminalization Bill into Law. Gov. Tate Reeves (R) has signed into law House Bill 722, which decriminalizes fentanyl test strips by removing them from the state's definition of drug paraphernalia. Use of the strips is aimed primarily at reducing drug overdoses by letting users know what is in their drug supply. As Reeves signed the bill into law, he could not resist taking a jab at the Biden administration: "I’ve signed HB 722 which decriminalizes fentanyl testing strips," he said. "It’s a sad reality that fentanyl overdoses are skyrocketing as a result of an open border." In reality, .fentanyl's role in fatal drug overdoses began about a decade ago and has increased steadily through both the Trump and the Biden administrations.

International

Cocaine Production at Highest Level Ever, UNODC Says. In a new report, the UN Office on Drugs and Crime (UNODC) finds that cocaine production is at its highest level ever as demand rebounded after the pandemic and new trafficking hubs emerged. Production rose a whopping 35 percent between 2021 and 2022, at least in part because of innovations in cultivating the coca plant and in converting coca leaf into cocaine. "The Covid-19 pandemic had a disruptive effect on drug markets. With international travel severely curtailed, producers struggled to get their product to market. Night clubs and bars were shut as officials ramped up their attempts to control the virus, causing demand to slump for drugs like cocaine," the report said. "However, the most recent data suggests this slump has had little impact on longer-term trends. The global supply of cocaine is at record levels," it said. UNODC said nearly 2,000 tons of cocaine were produced in 2020, a continuation of a "dramatic uptick in manufacture that began in 2014, when the total was less than half of today’s levels."

Last Year Saw a Surge in Drug Executions Worldwide. The number of people executed for drug offenses surged in 2022, according to a new report from drug policy reform group Harm Reduction International (HRI). The 1 cited at least 285 executions for drug offenses last year, more than double the 131 people executed in 2021. The number of people being handed out death sentences for drug offenses also grew, with at least 303 people in 18 countries facing the ultimate sanction. That is a 28 percent increase over 2021. The number of people currently on death row for drugs globally is now more than 3,700. HRI warned that the figures are low-balled because of the extreme secrecy surrounding the death penalty in countries that frequently resort to it, such as China, North Korea, and Vietnam.  

House GOP Members File Bill Designating Cartels as Terrorist Groups, Germany to Move Ahead With Legal Pot Proposal, More... (3/15/23)

A Kentucky medical marijuana bill faces a looming Senate deadline, Vermont lawmakers file a number of drug reform bills, and more.

The Rio Grande River. There be cartels on the other side, and the GOP wants to call them "terrorists." (C)
Medical Marijuana

Kentucky Medical Marijuana Bill Wins Senate Committee Vote, Must Pass Full Senate Tomorrow or Die. A bill to legalize medical marijuana in the state, Senate Bill 47, was approved by the Senate Licensing and Occupations Committee on Tuesday. It must pass the Senate by Thursday, the last day of the session before the veto period, or it dies. If it passes the Senate, it would then go to the House, which returns for a final day of legislative action on March 30. The House has passed medical marijuana bills twice in recent years and is thought to still have support for it.

Drug Policy

Vermont Lawmakers File Four Different Drug Policy Reform Bills. Drug policy reform is on the agent in Montpelier this session, with four separate drug policy reform bills already filed. House Bill 423 would decriminalize the possession of personal use amounts of all drugs, as would Senate companion legislation, Senate Bill 119. The bills would also decriminalize "dispensing" drug amounts below the personal use threshold as well as establishing a pilot drug checking program.

Two other bills focus specifically on psychedelics. House Bill 439 would effectively legalize the possession of psilocybin, mescaline, and peyote by removing them from the states definition of hallucinogenic drugs, while Senate Bill 114, would remove only psilocybin from the state’s definition of hallucinogens.

The first three bills are destined for judiciary committees in the respective chambers, while the fourth bill is before the Senate Health and Welfare Committee. If any of them pass out of the legislature, they face possible vetoes from Gov. Phil Murphy (R).

Foreign Policy

House Republicans File Bill Designating Mexican Drug Cartels Terrorist Organizations. Rep. Chip Roy (R-TX) and 20 House Republicans have introduced a bill designating four Mexican drug trafficking organizations as foreign terrorist organizations (FTOs). The four groups are the Gulf Cartel, the Cartel Del Noreste, the Cartel de Sinaloa, and the Cartel de Jalisco Nueva Generacion. The Drug Cartel Terrorist Designation Act would also require the Department of State to issue a report to Congress within 30 days of enactment on the cartels listed above and any additional cartels that meet the criteria for designation as an FTO. For each additional cartel that meets the criteria of an FTO, the Department of State is required to designate each of those cartels as an FTO within 30 days after the report is submitted to Congress. Sen. Lindsay Graham (R-SC) has threatened to file similar legislation in the Senate but has yet to do so.

International

Germany to Move Forward with Marijuana Legalization After "Very Good Feedback" from the European Union. Health Minister Karl Lauterbach said Tuesday that the government would bring a revised marijuana legalization proposal before legislators "in the next few weeks" after receiving "very good feedback" from European Union (EU) officials. Germany has conditioned its advance of marijuana legalization on approval from the EU to ensure it would not put it in violation of international obligations. Lauterbach said some changes would be made to the bill to "take into account European regulations and what should or should not be notified," but did not specify what those changes would entail. 

HI Marijuana Legalization Bill Advances, WA Senate Approves Bill Upping Drug Sentences, More... (3/6/23)

A long-shot marijuana legalization bill is filed in Florida, a fentanyl test strip decriminalization bill gets a hearing in Arkansas, and more.

The Washington Senate has approved a bill upping sentences for drug possession, including short mandatory minimums. (Pixabay)
Marijuana Policy

Florida Marijuana Legalization Bill with Home Grow Filed. State Sen. Victor Torres (D-Kissimmee) has filed a marijuana bill that includes both home cultivation and social consumption spaces. The measure, Senate Bill 1576, would legalize the possession of up to 2.5 ounces and allow for home grows of up to six plants. Usage would be allowed in a "non-public space" with violators subject to a $100 fine. A "Division of Cannabis Management" within the state Department of Agriculture and Consumer Services would regulate legal marijuana commerce. The bill has not yet received a committee assignment, and its prospects are dim in the Republican-controlled legislature. On a different track, a marijuana legalization initiative campaign is in the midst of signature gathering.

Hawaii Marijuana Legalization Bill Wins Committee Votes. A marijuana legalization bill, Senate Bill 669, is advancing in the Senate, having been approved by both the Consumer Protection and Ways and Means committees last Thursday. It now heads for a Senate floor vote. The bill emphasizes small operations, limiting grows to no more than 5,000 square feet. It includes a home grow provision, allowing for up to six plants, of which three can be flowering. The bill is expected to pass the Senate this week, but faces an obstacle in the House. House Speaker Scott Saiki (D) says the state is not ready for marijuana legalization and he plans on asking House committee chairs to work on it this summer—after the current session has ended. "It’s not as easy as just flipping a switch and saying marijuana is now legal," Saiki said. "There are a lot of issues related to how you set up the system how do you regulate the system."

Drug Policy

Washington Senate Approves Bill Upping Drug Possession Penalties. After hours of contentious debate, the Senate voted last Friday night to approve Senate Bill 5536, which increases penalties for drug possession. The bill is a response to a 2021 state Supreme Court ruling striking down the state's felony drug possession law because people could be prosecuted for unknowingly possessing drugs. Lawmakers responded by temporarily making drug possession a misdemeanor, but that measure expires in July. With this bill, drug possession remains a misdemeanor, but moves from a plain misdemeanor to a gross misdemeanor, meaning violators face stiffer penalties than under the current system. The bill includes options for diversion out of the criminal justice system at each stage of the judicial process, but also includes mandatory minimum sentences of 21 days for a second offense and 45 days for a second offense if the person "willfully abandoned" or consistently failed to apply with treatment. The measure passed on a 28-21 vote and now heads to the House.

Harm Reduction

Arkansas Fentanyl Test Strip Bill Gets Hearing Today. A bill to clarify that fentanyl test strips are not classified as drug paraphernalia, Senate Bill 40, is set for hearing today before the Senate Judiciary Committee. Under current state law, possession of fentanyl test strips is a felony. That has not stopped groups like Northwest Arkansas Harm Reduction from distributing hundreds of the test kits, but harm reductionists are seeking formal legal protections. 

SD Governor Signs Fentanyl Test Strip Bill, Vancouver Magic Mushroom Shops Thrive, More... (2/27/23)

Queensland will become the first Australian state to okay pill-testing, Vancouver magic mushrooms shops are not illegal but thriving anyway, and more.

A fentanyl test strip. South Dakota just legalized them, and a bill to do the same is advancing in Kansas. (Creative Commons)
Harm Reduction

Kansas Bill to Legalize Fentanyl Test Strips Passes House. In a bid to reduce overdose deaths in the state, the House voted last Thursday for a bill that would clarify that fentanyl test strips are not drug paraphernalia, House Bill 2390. A similar measure passed the House last year, only to die in the Senate. The House also passed a bill that would stiffen penalties for fentanyl manufacturing, House Bill 2398. That bill doubles the existing sentence under state law and includes a mandatory prison sentence.

South Dakota Governor Signs Bill Decriminalizing Fentanyl Test Strips. In an effort to reduce overdose deaths, Gov. Kristi Noem (R) has signed into law a bill that clarifies that fentanyl test strips are not drug paraphernalia, House Bill 1041. "We're trying to prevent overdoses for those people that are at high risk populations," said bill sponsor Rep. Taylor Rehfeldt (R).

International

Queensland Becomes First Australian State to Introduce Pill Testing. State Health Minister Yvette D'Ath announced Saturday that Queensland will introduce pill testing at mobile and fixed sites, making it the first Australian state to do so. "Pill testing is all about harm minimization," she said. "We don’t want people ending up in our emergency departments or worse losing their life. It is important to note that pill-testing services do not promote that drugs are safe, however they are among a suite of options that can positively affect outcomes regarding illicit drug use." The move follows two pill-testing trials at Canberra’s Groovin’ the Moo festival in 2018 and 2019, and an ongoing trial at a fixed site. Queensland may be the first state to embrace the harm reduction measure, but the Australian Capitol Territory began a trial last year.

Vancouver Magic Mushroom Shops Operating Openly. Canada's West Coast metropolis now boasts at least nine shops that sell magic mushrooms and other psychedelic substances even though such shops are not legal. The owners of the shops say they are employing many of the same tactics used by marijuana shops that sold the drug before it was legal. They argue that they are providing patients with crucial access to a drug that is nearly impossible to obtain despite Health Canada approving it for some uses. Police, focused on harder drugs, appear indifferent. Now, similar stores have sprung up in Ottawa, Toronto, and Hamilton. 

WA Bill Would Recriminalize Drug Possession, MA Natural Psychedelics Decrim Bill Filed, More... (1/24/23)

Hawaii is getting on the fentanyl test strip decriminalization bandwagon, an Arizona bill would set aside taxpayer funds to study the therapeutic potential of psilocybin, and more.

Massachusetts is the latest state to see a bill filed to decriminalize "natural entheogens." (Creative Commons)
Psychedelics

Arizona Magic Mushroom Research Bill Filed. A bipartisan bill to fund research into the potential benefits of psilocybin-containing magic mushrooms has been introduced in the House. House Bill 2486 would provide $30 million to study how the mushrooms could help with conditions such as PTSD, depression, and anxiety. The measure would also prioritize using veterans, first responders, and frontline healthcare workers as research subjects.

Massachusetts Bills to Decriminalize Natural Psychedelics Filed. Identical bills to decriminalize the possession of natural psychedelics such as ayahuasca, ibogaine, magic mushrooms, and mescaline (but not peyote) have been filed in the House and Senate. The measure, known as An Act Relative to Plant Medicine, is House Bill 1450 and Senate Bill 949. The state-level bills come after several cities in the state, including Cambridge and Somerville, voted to decriminalize magic mushrooms and other natural psychedelics. Under the bills, "The possession, ingestion, obtaining, growing, giving away without financial gain to natural persons 18 years of age or older, and transportation of no more than two grams of psilocybin, psilocyn, dimethyltryptamine, ibogaine, and mescaline," would be legalized.

Harm Reduction

Hawaii Bill to Legalize Fentanyl Test Strips Filed. The Hawaii Island Fentanyl Task Force and state Sen. Joy San Buenaventura (D) have partnered to file Senate Bill 671, which would legalize fentanyl test strips. The test strips are currently classified as drug paraphernalia, and this bill would redefine drug paraphernalia to exclude them. Similar bills have been filed in the House.

Sentencing

Washington State Bill Would Recriminalize Drug Possession. After the state Supreme Court threw out the state's felony drug possession law in 2021 because it did not require that someone knowingly possessed an illicit drug, the legislature last year passed interim legislation making drug possession a misdemeanor. But that legislation is only valid until July. After that, if the legislature fails to come up with a permanent solution, drug possession will no longer be a crime in the state. So now, Rep Jacqueline Maycumber (R) has filed House Bill 1415, which would permanently make drug possession a misdemeanor. Maycumber says criminalizing drug possession is desirable because being arrested by the police forces people who "need help" by forcing them into drug court, a therapeutic court, or some kind of drug treatment. The bill is currently before the House Community Safety, Justice, and Reentry Committee.

More Asset Forfeiture Reform Bills Filed, SD MedMJ Expansion Bill Advances, More... (1/19/23)

The US Virgin Islands legalizes marijuana, a Mississippi fentanyl test strip bill is moving, and more.

Reefer in paradise. The US Virgin Islands have legalized marijuana. (Creative Commons)
Marijuana Policy

US Virgin Islands Governor Signs Marijuana Legalization, Expungement Bills. Gov. Albert Bryan Jr. (D) has signed into law a pair of bills legalizing marijuana and setting up an expungement process for people with marijuana convictions. "From the beginning of the Bryan-Roach Administration, we have worked towards the legalization of the adult use of cannabis, and today, with the hard work of the members of the 34th Legislature and prior Legislatures and the efforts of my team, we are finally here and finally signing into law the Virgin Islands Cannabis Use Act," the governor said.

Separately, the governor also proclaimed that "all criminal convictions for the simple possession of marijuana" are fully and completely pardoned. The legalization bill allows people 21 and over to possess up to two ounces of buds, 14 grams of concentrates, and one ounce of marijuana products such as edibles and ointments. The bill has no provision for home cultivation, except for people who use marijuana for religious purposes. It also creates a regulatory agency for marijuana commerce and sets a minimum 18 percent tax on dispensary sales, and it includes several equity components.

Medical Marijuana

South Dakota Bill to Allow for Wider Use of Medical Marijuana Heads for Senate Floor Vote. A bill that expands the list of qualifying conditions for medical marijuana use to include PTSD, multiple sclerosis, and glaucoma, Senate Bill 1was approved by the Senate Health and Human Services Committee Wednesday and now heads for a Senate floor vote. The bill came out of the "Medical Marijuana Oversight Committee,"which met in the interim after the 2022 legislative session. That committee is made up of state lawmakers and officials, law enforcement officers, medical professionals, and industry experts from across the state. The bill passed the committee on a 6-1 vote.

Asset Forfeiture

Mississippi Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Program in Most Cases. Rep. Dana Criswell (R) has filed House Bill 622, which would end civil asset forfeiture and effectively opt the state out of a program that allows police to do an end run around state forfeiture laws by handing cases off to the federal government (and getting a big cut of the proceeds). The bill has been referred to the House Judiciary B Committee.

New Hampshire Bill Would Reform Civil Asset Forfeiture Process and Take Steps to Opt Out of Federal Program. Reps. Dan McGuire (R) and Daniel Popovici-Muller (R) have filed House Bill 593, which would require a prior criminal conviction before asset forfeiture could occur in most cases. The state has a special asset forfeiture process for drug offenses, and this bill would require prosecutors to obtain a criminal conviction in most cases before proceeding with asset forfeiture. It would also take steps to opt the state out of a program that allows police to do an end run around state forfeiture laws by handing cases off to the federal government (and getting a big cut of the proceeds). The bill is now before the House Criminal Justice and Public Safety Committee.

Harm Reduction

Mississippi Fentanyl Test Strip Decriminalization Bill Wins House Committee Vote. The House Drug Policy Committee on Wednesday approved House Bill 7, which would decriminalize fentanyl test strips by removing them from the state's definition of drug paraphernalia. Under current state law, possession of fentanyl testing devices is punishable by up to six months in jail. Committee Chairman Lee Yancey (R) said the measure is not encouraging drug use, but aimed at saving lives. "We're just trying to prevent a mistake from becoming a fatal mistake," Yancey said. The bill must pass the full House by February 9 to stay alive.

NH Bill Would Legalize Psychedelics, Federal Bill Would Ensure Gun Rights for MedMJ Patients, More... (1/17/23)

A New York bill would end civil asset forfeiture, a Utah bill would decriminalize fentanyl test strips, and more.

Evo Morales may no longer be president of Bolivia, but he still has his eye on the region. (Creative Commons)
Medical Marijuana

GOP Congressman Files Bill to Protect Gun Rights of Medical Marijuana Patients. The first piece of marijuana reform legislation in the new Congress is a bill that would allow medical marijuana patients to purchase and possess firearms. Sponsored by Rep. Alex Mooney (R-WV), along with Congressional Cannabis Caucus co-chair Rep. Brian Mast (R-FL) and Rep. Thomas Massie (R-KY), the Second Amendment Protection Act seeks to amend federal law around the "sale, purchase, shipment, receipt, or possession of a firearm or ammunition by a user of medical marijuana." Under current law, people who use marijuana can't buy or possess guns because they're considered to be "an unlawful user of or addicted to"a federally controlled substance. Mooney filed a similar bill in 2019, but it did not advance.

Psychedelics

New Hampshire Bill to Legalize Possession of Psychedelics Filed. Rep. Kevin Verville (R) has filed House Bill 328, which states that the "possession or use of a hallucinogenic drug by a person 21 years of age or older shall not be an offense."It would also reduce penalties for LSD manufacturing and possession by people under 21. The bill does not name specific drugs, but state statute lists mescaline, peyote, psilocybin, and LSD as examples of hallucinogenic substances. The bill has been referred to the House Criminal Justice and Public Safety Committee.

Asset Forfeiture

New York Bill Would End Civil Asset Forfeiture and Opt State Out of Federal Forfeiture Program. Assemblywoman Pamela Hunter (D) and eight Democratic cosponsors have filed Assembly Bill 641, which would end civil asset forfeiture in the state and replace it with a criminal process. Passage of the bill would also effectively opt the state out of a program that allows police to circumvent more strict state forfeiture laws by passing cases off to the feds. Under the bill seizures could occur only if the "prosecuting authority secures a conviction of a crime that authorizes the forfeiture of property and the prosecuting authority establishes by clear and convincing evidence the property is an instrumentality of or proceeds derived directly from the crime for which the state secured a conviction." The bill would also require that seized funds be deposited in the state's general fund. Under current law, police can keep up to 60 percent of asset forfeiture proceeds, creating an incentive for "policing for profit." The bill is now before the Assembly Codes Committee.

Harm Reduction

Utah Bill to Decriminalize Fentanyl Test Strips Filed. State Sen. Jenifer Plumb (D) has filed Senate Bill 86, which would legalize the use and possession of fentanyl test strips. Under current state law, the test strips are criminalized as drug paraphernalia, but the bill would create an exemption from liability under the state Controlled Substances Act. Test strips are an increasingly popular harm reduction measure in the fight to reduce fentanyl-related drug overdoses. The bill is now in the Senate Rules Committee.

International

Former Bolivian President and Coca Grower Setting Up Regional Organization. Former Bolivian President Evo Morales, forced out of office in the wake of disputed elections in 2019, will set up the headquarters of his plurinationalist, indigenist movement in the region in Buenos Aires, Argentina. The movement will convene next week with coca growers from Colombia, Ecuador, and Peru, as well as Bolivia as Morales commences what he described as a struggle for the "plurinational peoples of Latin America." Continuing strife in Peru after the arrest and jailing of leftist President Castillo in December, as well as continuing strife in Bolivia's Santa Cruz province after the arrest of rightist Gov. Luis Fernando Camacho have placed Bolivian coca growers under unprecedented hardships. Morales rose to power as a Bolivian coca grower leader and still controls six coca grower unions in the Chapare.

CT Legal Adult Pot Sales Begin Tomorrow, OH Governor Signs Fentanyl Test Strip Decrim Bill, More... (1/9/23)

A Mexican judge has blocked the extradition of El Chapo's son to the US, you can now get a license to grow your own marijuana in Missouri, and more.

You can grow your own pot plants in Missouri -- if you get a license from the state. (Creative Commons)
Marijuana Policy

Connecticut Adult Marijuana Sales Begin Tomorrow. Adult legal marijuana sales are set to begin tomorrow, January 10. At least nine existing medical marijuana dispensaries have undergone the bureaucratic steps necessary to transition to adult sales tomorrow, with up to another 40 that could open by the end of the year. Initial sales will be limited to a quarter ounce of buds or its equivalent per transaction. The restrictions are in place to ensure adequate supply for medical marijuana patients and will be reviewed over time. Dispensaries in New Haven, Branford, Torrington, Newington, Stamford, Willimantic, Danbury, Montville and Meriden successfully completed the necessary steps to convert to a "hybrid license" and will be allowed to sell to all adults beginning tomorrow.

Missouri Home Cultivation Licenses Now Available. People who want to grow their own under the state's new marijuana legalization regime will have to be licensed to do so, and those licenses are now available. Personal cultivation application forms and instructions are available from the Missouri Cannabis Regulation Division. The license costs $100 and must be renewed annually. People can grow up to six clones, six nonflowering plants, an six flowering plants at the same time. Missouri is the only state to impose a licensing requirement on home growers.

Harm Reduction

Ohio Governor Signs Fentanyl Test Strip Decriminalization Bill into Law. Gov. Mike DeWine (R) has signed into law House Bill 456, which decriminalizes the possession of fentanyl test strips as part of an effort to reduce overdoses. The new law exempts the test strips from the definition of drug paraphernalia. The move makes Ohio the 32nd state to move to decriminalize fentanyl test strips, with a half dozen doing so last year.

International

Mexican Judge Halts Extradition of El Chapo's Son to US. A day after 29 people, including 10 soldiers, died in a wave of violence following his arrest in Culiacan, the extradition of Ovidio Guzman, the son of imprisoned drug lord Joaquin "El Chapo" Guzman, to face charges in the United States has been blocked by a Mexican judge. In the ruling last Friday, the federal judge also suspended a ban on Guzman from communicating with his legal team and family. Guzman faces charges on a US warrant dating back to September 2019. He had been arrested in Culiacan in October 2019 but was quickly released on orders of President Andres Manuel Lopez Obrador because of violent cartel retaliation.

MS Makes Naloxone Available for Free, PA Fentanyl Test Strips Now Decriminalized, More... (1/4/23)

Violence continues in Ciudad Juarez in the wake of a deadly Sunday prison break, Mississippi has created a web site where residents can order free naloxone, and more.

fentanyl test strips (Creative Commons)
Harm Reduction

Mississippi Makes Naloxone Available for Free. After nearly 600 people died of drug overdoses in 2021, the last year for which full numbers are available, the state is moving to ease access to the opioid overdose reversal drug naloxone (Narcan). The Department of Health has begun a program under which people need only log onto a state website, answer a few questions, and watch a training video, and the department will then send them a free naloxone kit. Or they can download a voucher and have it filled at a local pharmacy. To apply for the free Narcan, visit odfree.org/get-naloxone.

Pennsylvania Law Decriminalizing Fentanyl Test Strips Now in Effect. A new law, Act 111, that decriminalizes fentanyl test strips went into effect Monday. The law achieves this by amending the Controlled Substance, Drug, Device and Cosmetic Act of 1972 to no longer define the test strips as drug paraphernalia. Fentanyl test strips (FTS) are a low-cost method of helping prevent drug overdoses and reducing harm. FTS are small strips of paper that can detect the presence of fentanyl in all different kinds of drugs (e.g., cocaine, methamphetamine, and heroin) and drug forms (pills, powder, and injectables).

International

Sinaloa Cartel Gang Leader Among Those Who Escaped in Ciudad Juarez Prison Attack. Among the 27 prisoners who successfully fled a Ciudad Juarez prison as it was attacked Sunday was Ernesto "El Neto" Pinon, the long-imprisoned leader of the Mexicles, a Juarez gang affiliated with the Sinaloa cartel. The attack and jailbreak left 10 guards and seven prisoners dead, with two escaped prisoner later killed by authorities. Pinon had been jailed at the prison since 2010 on a 224-year sentence for murder. Authorities blamed the prison assault on the Mexicles, saying it was attacked by at least 25 of them. Also among the escapees was the Mexicles' number-two man, Cesar Vega.

Death Toll Rises as Mexican Authorities Hunt Down Juarez Prison Attackers, Escapees. At least seven people were killed in a gunfight as Chihuahua state investigators worked to hunt down the perpetrators of Sunday's attack on a Ciudad Juarez prison, as well as 25 prisoners who escaped. The attack was orchestrated by the Mexicles, a Juarez gang long affiliated with the Sinaloa cartel, who long-imprisoned leader and his number two were among the escapees. In the Tuesday shootout, two state investigators and five Mexicles members died.

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.

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