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Bolivia to Seek End to UN Ban on Coca Leaf, Biden Budget Keeps Ban on DC Pot Sales, More... (3/14/23)

A trio of psychedelic research bills is filed in Texas, a Maine bill would allow for marijuana consumption at pot shops, and more.

Coca leaf chewing is a traditional practice in Bolivia. (Creative Commons)
Marijuana Policy

Biden Budget Maintains Ban on Allowing DC Marijuana Sales. The Biden administration's Fiscal Year 2024 proposed budget retains an appropriations rider blocking the Justice Department from interfering in legal marijuana states, but also, for the third year in a row, retains a rider blocking the District of Columbia from allowing legal marijuana sales. The rider blocks the District from using local tax dollars to implement a system of regulated adult marijuana sales. "For the third time in his presidency, the president’s proposed budget would, unfortunately, block D.C. from spending its own local funds to commercialize marijuana," said Del. Eleanor Holmes (D).

Maine Bill Would Allow Social Consumption Lounges. A bill that would allow people to consume marijuana products in stores that sell them, LD 839, got a hearing Monday in the Committee on Veterans and Legal Affairs. No vote was taken. Current state law allows only for marijuana use on private property, and businesses are not included. Use in public places is prohibited. When voters approved marijuana legalization in 2016, on-site consumption was included, but legislative action removed that. "In that citizen's initiative, there was a component for onsite consumption, social clubs. Unfortunately, that got voted away in the legislative process but it’s time to restore that," Rep. David Boyer (R-Poland) said.

Psychedelics

Texas Lawmakers File Trio of Psychedelic Research Bills. The legislature has a trio of psychedelic research bills before it. House Bill 4288, sponsored by Rep. Richard Peña Raymond (D), would amend an existing state law mandating a study of the risks and benefits of ketamine, MDMA, and psilocybin for therapeutic use in veterans; House Bill 4423, sponsored by Rep. Josey Garcia (D), would create a Psilocybin Research Advisory Council to advise the Health and Human Services Commission and the legislature on psilocybin research and treatment; and House Bill 4561, sponsored by Rep. Julie Johnson (D), would create a new Alternative Mental Health Therapy Research Consortium that would be charged with researching "the efficacy of providing mental health care through the provision of psychedelic drugs and ketamine, focusing on the provision of mental health care to veterans in this state through the use of those alternative therapies."

International

Bolivia Tells UN It Will Launch Bid to End International Coca Leaf Prohibition. Bolivia told a United Nations drug policy meeting in Vienna that it will move to end the international prohibition on the coca leaf, which has traditionally been used by people in the Andes to combat hunger and altitude sickness for thousands of years, but was banned by the 1961 Single Convention on Narcotic Drugs. "A historic mistake was made in 1961," Bolivian Vice President David Choquehuanca said at the 66th session of the United Nations Commission on Narcotic Drugs (CND). Choquehuanca said Bolivia will exercise its right as a signatory to that treaty and seek a "critical review" of the coca leaf's properties and its classification. Colombia has already said it will support Bolivia in its effort.

DOJ Now Accepting Pot Pardon Applications, OR House OKs Naloxone Expansion, More... (3/7/23)

The Justice Department signals it will appeal a federal court ruling invalidating the federal ban on guns for pot users, Colombia calls for coca leaf decriminalization, and more.

Naloxone opioid overdose reversal kit. The Oregon House has voted to expand access to them. (hr.org)
Marijuana Policy

Justice Department Now Accepting Applications for Pardons for Federal Marijuana Possession Offenders. Nearly five months after President Biden called for pardons for federal marijuana possession offenders, the Justice Department has begun accepting applications for those pardons. The move comes after a series of friendly public statement from the administration about the drug from both Attorney General Garland and the president. Last week, Garland said that Justice is working on a review of marijuana policy, and just days before that, President Biden mentioned the pardons in a Black History Month speech, saying "too many minorities are in prison" for marijuana use.

Justice Department Appeals Federal Court Ruling Striking Down Gun Ban for Marijuana Users. The Justice Department last Friday filed paperwork in US District Court for the Western District of Oklahoma informing the court that it intends to appeal a judge's ruling there that found unconstitutional the federal prohibition on gun ownership for marijuana users. The Friday filing did not make a substantive argument but served primarily as a notification that an appeal was coming. In that district court ruling, Trump-appointed Judge Patrick Wyrick held that a recent Supreme Court ruling where the high court created a higher standard for policies that aim to restrict gun rights made the ban on gun possession unconstitutional.

Oklahoma Votes on Marijuana Legalization Today. In an election with no other issues or races on the ballot, voters will decide whether or not to approve a marijuana legalization initiative, State Question 820. The measure is opposed by law enforcement and most of the state's Republican political establishment. It would allow people 21 and over to possess up to an ounce of marijuana and eight grams of marijuana concentrates and grow up to six plants and six seedlings at home. It also protects parents from losing custody or visitation rights solely because of marijuana use and states that parolees and probationers cannot be punished for marijuana use. Nor could the odor of marijuana or burnt marijuana be used as probable cause for police to infer that a crime had been committed. And it includes a provision for the expungement of some past marijuana offenses. It also sets a 15 percent excise tax on retail marijuana sales.

Medical Marijuana

South Dakota House Approves Medical Marijuana Expansion Bill. In a narrow vote, the House on Monday approved Senate Bill 1, which expands the list of qualifying conditions for medical marijuana use to include people afflicted with cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, aids, and HIV. The bill has already passed the Senate, but must go back for one more concurrence vote because it was modified in the House. If it wins that vote, it would then go to the desk of Gov. Kristi Noem (R).

Harm Reduction

Oregon House Approves Bill to Expand Naloxone Access. The House has approved a bill to more widely distribute the opioid overdose reversal drug naloxone (Narcan), House Bill 2395, on a vote of 48-9. The bill declares a health emergency and will make overdose reversal kits available in libraries, churches, and other public buildings. It also allows police, firefighters, and EMTs to distribute the kits to drug users and their friends and family members, and it decriminalizes fentanyl test strips. The bill now heads to the Senate.

International

Colombia Vice President Calls for Coca Leaf Decriminalization at UN. Vice President Francia Marquez used an address at the UN Permanent Forum on Indigenous Issues to petition for the decriminalization of the coca leaf in the country's indigenous territories. "The time has come to sincerely put the debate on decriminalizing the use of coca leaf in ethnic and indigenous territories, continuing to criminalize the use of coca leaf will not allow Colombia to achieve total peace," she said. "Because we know that it has been this criminal, racial policy that has us as peoples suffering terrible humanitarian crises, it is the drug trafficking imposed from that criminal policy that today is generating armed conflicts in ethnic territories." Colombia will join Bolivia in petitioning the UN Commission on Narcotic Drugs to remove coca leaf from its list of prohibited substances. 

NH Marijuana Legalization Bill Wins House Vote; Bolivia, Colombia Seek UN Move on Coca, More... (2/23/23)

An Idaho medical marijuana initiative didn't get past the signature gathering stage, US correctional populations declined in 2021, and more.

Chewing coca leaf in Bolivia. Bolivia and Colombia want the UN to remove coca from prohibited drug list (Creative Commons)
Marijuana Policy

New Hampshire Marijuana Legalization Bill Wins Initial House Vote. The House voted 234-127 Wednesday to send a marijuana legalization bill, House Bill 639, to the House Ways and Means Committee, clearing a path for it to win final passage in the House. The bill would set up a system of taxed and regulated marijuana commerce with the Liquor Commission in charge. Cultivation would be taxed at 15 percent, with most revenues going toward reducing the state's pension liability and the state's education trust fund. The House has repeatedly passed legalization bills in recent years, only to see them die in the Senate. Gov. Chris Sununu (R) has also been an opponent; he says he does not expect a legalization bill to reach his desk this year.

Medical Marijuana

Idaho Medical Marijuana Initiative Campaign Comes Up Short on Signatures. Kind Idaho, the group behind an effort to get a medical marijuana initiative on the 2024 ballot, announced Wednesday that it had come up short on signatures. The group said it had managed to collect only about 10 percent of the nearly 70,000 valid voter signatures needed to qualify for the ballot. It cited organizational problems and a lack of national support for the effort.

Psychedelics

Minnesota Lawmakers File Bills to Create Psychedelics Task Force to Plan for Legalization. Lawmakers have filed identical bills in the House and Senate that would create a task force to study the potential legalization of substances such as ibogaine, MDMA, and psilocybin. Senate File 1954 and House File 1884 would establish a Psychedelic Medicine Task Force to "advise the legislature on the legal, medical, and policy issues associated with the legalization of psychedelic medicine in the state." The task force "survey existing studies in the scientific literature on the therapeutic efficacy of psychedelic medicine in the treatment of mental health conditions, including depression, anxiety, post-traumatic stress disorder, and bipolar disorder, and any other mental health conditions and medical conditions for which a psychedelic medicine may provide an effective treatment option." The bill says the number of substances under its purview "may include but is not limited to the use of 3,4-methylenedioxymethamphetamine (MDMA), psilocybin, mescaline, LSD, bufotenine, DMT, 5-MeO-DMT, 2C-B, ibogaine, salvinorin A, and ketamine."

Sentencing

US Correctional Population Continued to Decline in 2021. The total correctional population in the United States fell 1 percent from yearend 2020 to 2021, according to statistics in Correctional Populations in the United States, 2021 – Statistical Tables and Probation and Parole in the United States, 2021, two reports released Thursday by the Bureau of Justice Statistics. The number of persons held in prison or jail or supervised in the community on probation or parole decreased by 61,100, down to an estimated 5,444,900. Overall, an estimated 1 in 48 U.S. residents age 18 or older were under correctional supervision at yearend 2021, down from 1 in 47 in 2020. Over the 10-year period from 2011 to 2021, the U.S. correctional population declined 22 percent. A drop in the number of persons supervised in the community on probation accounted for 65 percent of this overall change, while decreases in the number of persons incarcerated in state and federal prison accounted for 26 percent of the change.

In 2021, the U.S. incarceration rate increased for the first time in 15 years. However, the rate was still lower than the pre-COVID-19 pandemic rate of 810 per 100,000 in 2019. The increase in the incarceration rate was driven by a 16percent growth in the number of persons housed in local jails, which held an additional 87,200 persons from 2020 to 2021. In 2021, the community supervision rate fell to a 21-year low of 1,440 persons on probation or parole per 100,000 adult U.S. residents, after declining each year since it peaked at 2,240 persons per 100,000 in 2007. At yearend 2021, an estimated 3,745,000 adults were under community supervision, down 136,600 persons from January 1, 2021.

Changes in the demographic characteristics of the US correctional population were small from 2020 to 2021 but were greater than 20 percent over the decade from 2011 to 2021. The number of males in the total correctional population declined less than 1 percent (down 28,300) from 2020 to 2021, while the number of females decreased 3 percent (down 32,800). Compared to 2011, the number of males under correctional supervision in 2021 declined by 21percent and females decreased 25 percent. Over that same decade, the number of black persons under correctional supervision decreased more than 27 percent, while the number of Hispanic persons declined 21 percent and whites declined 20 percent.

International

Bolivia and Colombia Ask UN to Remove Coca from List of Prohibited Narcotics. The government of Colombian President Gustavo Petro announced Wednesday that it and the government of Bolivia will jointly ask the UN Commission on Narcotic Drugs (CND) to drop coca leaf from its list of prohibited substances and acknowledge the plant's traditional uses in Andean culture. "Bolivia and Colombia consider it is the moment to once again put this issue on the table," said Colombian vice-minister for multilateral affairs Laura Gil. "To remove the coca leaf - the leaf, not cocaine - from the prohibited substances list," she said. Bolivian President Luis Arce said last month that his government would seek for coca leaves to be removed from the list so they can be commercialized. 

MN Marijuana Legalization Bill Advances Again, Colombia Peace Talks with ELN, More... (2/14/21)

Four federal legislators file a bill to strengthen the drug war in the Caribbean, a Hawaii bill to ease the way toward the therapeutic use of psilocybin and MDMA passes the Senate, and more.

Coast Guard seizes $7.5 million in cocaine in the Caribbean. (USCG)
Marijuana Policy

Minnesota Marijuana Legalization Bill Wins More Committee Votes. The effort to legalize marijuana continued to bear fruit this week, with the House version of the bill, House File 100 being approved Monday by the House Human Services Policy Committee and the companion Senate bill being approved that sa me day by the Senate Transportation Committee. The actions mark the eighth approval by a House committee and the sixth by a Senate committee. With majorities in the House and Senate, as well as control of the governorship, the Democratic-Farmer-Labor Party is confident the bill will become law this year. It looks like there are only four committee votes to go before the bill heads for floor votes in the two chambers.

Opiates and Opioids

Idaho Bill Would Lower Heroin Penalties, Create Mandatory Minimums for Dealing Fentanyl. A bill before the legislature, House Bill 67, would raise quantity thresholds and reduce sentences for heroin dealing while creating a mandatory minimum sentence for fentanyl dealing. The amount of heroin required for a trafficking charge would jump from two grams to seven in the bottom tier and from 10 to 14 grams in the middle tier. Sentences for the top tier of heroin trafficking offenses would drop from 15 years to 10 and sentences for the middle tier would drop from 10 years to five. The bill would also make possession of more than seven grams of fentanyl a felony chargeable as "trafficking." Those caught with more than seven grams would face a three-year mandatory minimum, while those caught with more than 14 grams would face a five-year mandatory minimum, and those caught with more than 28 grams would face a 10-year mandatory minimum. The Idaho Chiefs of Police, Idaho Sheriffs Association and the Idaho Prosecuting Attorneys Association are all in favor of House Bill 67.

Psychedelics

Hawaii Psilocybin and MDMA Research Bill Wins Committee Vote. The Senate Health and Human Services Committee has approved Senate Bill 1531, which is aimed at promoting research into the therapeutic uses of MDMA, psilocybin, and other alternative mental health treatments. The bill would create a Beneficial Treatments Advisory Council that would review the scientific literature on using such substances for mental health treatment as well as exploring state and federal regulations on them. The council would be required to develop a "long-term strategic plan to ensure the availability of therapeutic psilocybin, psilocybin-based products, and [MDMA] that are safe, accessible, and affordable for adults twenty—one years of age or older." A companion bill in the House has yet to move.

Drug Policy

Old School Prohibitionist Bill to Fight Caribbean Drug Trafficking Filed in Congress. On Monday, three Republicans and one Democrat, Sens. Rick Scott (R-FL) and Alex Padilla (D-CA) and Reps. Jenniffer González-Colon (R-PR) and Stacey Plaskett (R-VI) introduced the Caribbean Border Counternarcotics Strategy Act , which aims "to stop the illegal trafficking of deadly drugs in the Caribbean, specifically between Puerto Rico, the US Virgin Islands and Florida." The bill would "ensure the Federal government has a strategy in place to prevent the flow of illicit drugs through the Caribbean region and into the United States by codifying in statute the requirement for ONDCP to issue a Caribbean Border Counternarcotics Strategy—just as Congress has codified the requirement for the Southwest Border and the Northern Border Counternarcotics Strategies." It would also clarify that US territories are included in the definition of "state" and "United States." 

International

Colombian Government in Peace Talks with Leftist Rebels Who Demand "Alternative Drug Policies." The government of President Gustavo Petro and the country's largest remaining rebel group met in Mexico City to restart peace talks aimed at resolving a conflict dating back to the 1960s. The communist-inspired National Liberation Army (ELN) is calling for a "temporary, nationwide cease-fire" and that any agreement should include "an alternative anti-drug policy that is no longer based on repression and war." The ELN has a presence in some 200 Colombian township, mostly in areas of widespread coca cultivation and cocaine production. Like the larger FARC, which signed a peace agreement with the state in 2016, the ELN is involved in the drug trade and has replaced the FARC in many areas. But even though it is involved in the drug traffic, the ELN is adamant that it should not be treated like a drug trafficking organization but as a political force. This is the second round of talks since Petro took office last year. The first round did not achieve much. 

CA Bill Would Allow Fresh Food Sales at Cannabis Cafes, Peru Police Attacked in Coca Hotspot, More... (2/13/23)

The Louisiana legislature sees a marijuana legalization bill for the third year in a row, coca production is expanding in Guatemala but without signs of cocaine production, and more.

Seven cops were ambushed and killed in the heartland of Peruvian cocaine production. (Pixabay)
Marijuana Policy

California Bill Would Allow Cannabis Cafes That Sell Fresh Food. Assemblyman Matt Haney (D-San Francisco) has filed a bill that would allow licensed marijuana retailers to also sell non-intoxicating foods and beverages. The measure, Assembly Bill 374, would  amend state law to allow such sales, as well as allowing shops to put on live musical performances and sell tickets to them. "Many people want to consume cannabis socially while having a sandwich or listening to music," Haney said. "We should allow that." Current state law allows marijuana consumption lounges, but they are not allowed to sell freshly prepared food—only prepackaged food and beverages.

Louisiana Marijuana Legalization Bill Filed. For the third year in a row, a marijuana legalization bill has been filed in the state legislatures. House Bill 17, sponsored by Rep. Candace Newell (D), would create a taxed and regulated marijuana industry in the state. Under the bill, 10 licenses would be issued for cultivation, processing, and manufacture of marijuana and 40 for retailers. A separate bill from Newell, House Bill 24, would decriminalize possession and distribution of marijuana upon legislative enactment of a regulatory system and the establishment of a tax on recreational sales. "I separated it because I know what state I live in," Newell said. "It’s been a challenge."

International                 

Guatemala Coca Production Expands, But No Sign of Cocaine Production. The planting of coca leaf appears to be on the rise in the Central American nation, with authorities reporting the destruction of more than 4 million coca plants last year, more than double the 1.7 million eradicated in 2021, and another 1.2 million already this year. Authorities also dismantled five labs for producing coca base, the first stage of cocaine production, but no labs capable of producing cocaine hydrochloride, or powder cocaine. While the number of plants eradicated appears large, it is a tiny fraction of the number of plants grown in major coca producing countries such as Bolivia, Colombia, and Peru. All the plants eradicated in Guatemala last year amount to about 70 acres, while the amount of coca eradicated in Colombia alone amounted to about 175,000 acres.

Peru Police Ambushed in Cocaine Hotspot, Seven Officers Dead. Seven police officers were shot and killed in an ambush attack in the town of Natividad, deep in the remote Andean region known as the VRAEM (the Valley of the Apurimac, Ene, and Mantaro Rivers), the center of coca and cocaine production in the country. The VRAEM accounts for 75 percent of Peruvian cocaine. While police did not point a finger at any one group for the attack, the region has a strong presence of drug trafficking groups who are allied with remnants of the Shining Path, a Maoist guerrilla army whose rebellion in the 1980s left nearly a hundred thousand dead across the country. 

Hill Lawmakers Call on Biden to Restore Drug Czar to Cabinet Status, More... (2/2/23)

Virginia Republicans are in no hurry to get a legal marijuana market going, a Missouri bill would legalize psilocbying for therapeutic purposes, and more.

Colombia President Petro wants to go after cocaine, not small coca growers. (Pixabay)
Marijuana Policy

Virginia House Committee Kills Watered Down GOP Marijuana Sales Bill. Marijuana is legal in the state, but there is nowhere to buy it, which some lawmakers say presents public safety concerns. Those concerns, however, were not enough for a watered down bill to allow for sales, House Bill 1464, to get any traction. It was defeated in a 5-2 party-line vote in the House Committee on General Laws. While a similar marijuana sales bill is still alive in the Senate, the House defeat is a strong sign that this year's legislative session will be another year of deadlock on the issue.

Psychedelics

Missouri Bill Would Legalize Psilocybin for Therapeutic Purposes. For the second session in a row, Rep. Tony Lovasco (R) has filed a bill relating to "natural medicines," but after last year's bill, which would have legalized several natural psychedelics for therapeutic purposes, failed, this year he has sharpened his focus. House Bill 869, which was filed last month, calls for only for psilocybin to be legal and only for people with treatment-resistant depression or terminal illness, which would be administered by medical professionals. Even so, the bill does not appear to have much momentum. It has not been assigned to a committee, nor are any hearings scheduled.

Drug Policy

Group of Lawmakers Ask Biden to Return Drug Czar to Cabinet Position. A bipartisan group of lawmakers called Thursday for President Biden to return the director of the Office of National Drug Control Policy (ONDCP—the drug czar's office) to a Cabinet-level position. They cite rising overdose deaths and "constantly evolving" drug threats. The drug czar had been a Cabinet member from 1988, when the position was created, until 2009, when President Obama removed him. In their Thursday letter, the lawmakers noted that Biden was a leading proponent of the creation and expansion of the drug czar's office and that he had previously called for the drug czar to serve at the Cabinet level. The lawmakers, Sens. Ed Markey (D-MA), Maggie Hassan (D-NH), Shelley Moore Capito (R-WV), Sheldon Whitehouse (D-RI) and Elizabeth Warren (D-MA) and Reps. David Trone (D-MD) and Katie Porter (D-CA) called on Biden to restore the position and announce it during his State of the Union speech next week.

International

Colombia Ponders Legalizing "Mini-Crops" of Small Coca Farmers. The National Narcotics Council, which is charged with implementing and evaluating the National Drug Policy for the next decade, is considering a proposal to legalize small-scale coca farming. The move would be aimed at crops between six and 25 acres and seek to reduce the persecution of peasant producers for mixing illicit crops with their food crops. The government has already moved to reduce the forced eradication of coca crops from 125,000 acres to 45,000 acres. Police said they were unable to reach their 2022 goal because of blockades by grower communities that prevented the entry of eradicators. 

Drug Decrim Bills Filed in MA, NY; Colombia to Reduce Forced Coca Eradication, More... (1/26/23)

Delaware bills to legalize marijuana are moving, a North Carolina medical marijuana bill is filed, and more.

A Colombian coca farmer. The Petro government is moving away from forced eradication efforts. (dea.gov)
Marijuana Policy

Delaware Marijuana Legalization Bill Wins Committee Vote. The House Health and Human Development Committee on Wednesday approved House Bill 1, which would legalize marijuana. The vote comes just one day after another committee approved House Bill 2, which would set up a system of taxed and regulated marijuana commerce. Rep. Ed Osienski (D), sponsor of the bills, said he expected House floor votes in March.

DC Council Files Bill to Allow Legal Marijuana Sales. Despite an ongoing congressional ban blocking the District of Columbia from allowing legal marijuana sales, DC Council Chairman Phil Mendelson (D) and six other council members have introduced a revised bill, Bill 25-0052,  to create a regulated legal marijuana commerce market. DC voters legalized marijuana in 2014, but the congressional rider in place since then has thwarted efforts to allow legal sales. The bill would allow people 21 and over to possess up to an ounce of weed and grow up to six plants, three of which could be mature. It also creates a regulatory agency, which would approve licenses for cultivators, manufacturers, microbusinesses, retailers, and testing facilities, and sets a tax rate of up to 13 percent (6 percent for medical marijuana).

Medical Marijuana

North Carolina GOP Senators File Medical Marijuana Bill. On the first day bills could be filed in the new General Assembly session, Senators Michael Lee (R-New Hanover) and Bill Rabon (R-Brunswick) filed Senate Bill 3, which would legalize medical marijuana in the state. Known as the North Carolina Compassionate Care Act, the bill allows the use of medical marijuana for a specified list of debilitating conditions, including cancer, epilepsy, Crohn’s Disease, Parkinson’s Disease and Post Traumatic Stress Disorder. The pair filed a similar bill last year that passed the Senate but never got any traction in the House.

Drug Policy

Massachusetts Drug Decriminalization Bill Filed. Rep. Samantha Montaño (D) has filed HD 2741, which would eliminate a section of state stature that prescribes criminal penalties for drug possession. Instead of fines or jail, people caught with drugs would be required to participate in "a needs screening to identify health and other service needs, including but not limited to services that may address any substance use disorder and mental health conditions, lack of employment, housing, or food, and any need for civil legal services." Anyone who provided proof they had completed a screening within 45 days would see their citations dismissed.

New York Drug Decriminalization Bill Filed. Sen. Gustavo Rivera (D) has filed a bill, Senate Bill 2340, that would eliminate criminal and civil penalties for drug possession while also creating a task force that’d be responsible for studying and making recommendations about additional reforms. Under the bill, people caught with drugs could either pay a $50 fine or take part in a "needs screening to identify health and other service needs, including but not limited to services that may address any problematic substance use and mental health conditions, lack of employment, housing, or food, and any need for civil legal services." The bill also calls for a drug decriminalization task force that would be charged with making "recommendations for reforming state laws, regulations and practices so that they align with the stated goal of treating substance use disorder as a disease, rather than a criminal behavior."

International

Colombia Will Reduce Forced Coca Eradication Efforts. The government of President Gustavo Petro announced Tuesday that it will be reducing coca eradication efforts in what would be a major shift of policy for Colombia. A new National Policy will reduce forced eradication efforts by 60 percent as the government experiments with alternative approaches to the coca cultivation problem. The Petro government is considering implementing a program agreed to a part of the 2016 peace deal with the FARC that provides subsidies to coca farmers in exchange for voluntary eradication. Although that agreement was part of the deal, it was never implemented by former President Duque, who opposed the overall treaty. 

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.

The Top Ten International Drug Policy Stories of 2022 [FEATURE]

Here is the good, the bad, and the ugly in international drug policy developments in 2022. (Read about 2022's good, bad and ugly in domestic drug policy here.)

1. The Taliban Bans Opium

With the withdrawal of US and coalition forces and subsequent rapid collapse of the Afghan government in August 2001, the Taliban once again took power in Kabul. During its earlier rule, it banned opium cultivation in 1997 (with little impact) and again in 2000. But after the Taliban was overthrown in late 2001, the country saw two decades of massive opium production, making Afghanistan the world's leading supplier of opium and heroin, accounting for more than 80 percent of global supply throughout this century.

Upon resuming its control of the country, the Taliban once again instituted a ban on opium cultivation, making a formal announcement of a ban in April 2022. Even now, at the end of the year, it is too early to tell how serious the Taliban are or how effective the ban will be, although UN Special Representative in Afghanistan Roza Otunbayeva reported in December that there is evidence the ban is being implemented. "Fields planted before and after the declaration have been destroyed," she said. "We will not be able to verify the actual implementation of this ban until early next year but the intention behind it is commendable. Nonetheless, the ban will have a negative effect on the income of individual farmers as few alternative livelihood programs were put in place."

This year, though, the opium crop is "the most profitable in years," the UN reported in November, with cultivation up by nearly a third and prices soaring because of the looming ban. Sowing of the 2023 crop was supposed to be done by November, and it is unclear how much uncertainty about how the ban will be enforced has affected the sowing of the crop. The answer will come in the spring when it is harvest time for the poppy crop.

2. Colombia Elects a Former Guerrilla Drug War Critic as President

In an election that has overturned a decades-long status quo in Colombian politics and threatens to upend US-Colombia relations, former leftist guerrilla and Bogota Mayor Gustavo Petro won the presidency in June. He beat his competitor, Trumpian businessman Rodolfo Hernández, by a margin of 50.44% to 47.03%.

Petro is a harsh critic of the US-imposed war on drugs, which he says has cost a million Latin American lives even as the US has spent $20 billion since the days of Plan Colombia to wage a drug war entwined with a vicious counterinsurgency. That spending may have helped drive the leftist guerrillas of the FARC to the negotiating table -- a peace accord was signed in 2016 -- but it has not stopped the coca and cocaine trade, which is now undergoing a boom.

After Petro's election, but before he took office in August, a truth commission appointed as part of the 2016 peace accords called for the government to quit focusing on suppressing illicit drugs and instead take the global lead in moving to "strict legal regulation" of those substances. It recommended a new approach to illicit drug production that focuses more on sustainable development and less on the eradication of coca. The commission's recommendations are non-binding, but Petro has said he will follow them.

Petro has been in office for less than six months, but he already held a first assembly of coca growers and called for a regional assembly to discuss hemispheric drug policy. He has also angered the US by vowing not to extradite drug traffickers, and threatening to move toward cocaine decriminalizationand ban the spraying of coca fields with herbicides.

Cocaine decriminalization is not happening yet, but marijuana legalization is. A legalization bill has passed the House and Senate, clearing the way for final votes early next year. Look for Colombia to continue to steer a course away from drug war orthodoxy as the Petro presidency continues.

3. Duterte Leaves Office but His Philippine Drug War Legacy Lingers

Filipino President Rodrigo Duterte became ex-president Duterte in June, having finished his six-year term and leaving a legacy of bloody drug war killings. The Philippines National Police have officially admitted killing more than 6,200, but human rights groups put the total toll of dead in Duterte's drug war at around 30,000, with many killed by shadowy vigilantes.

The widespread drug killings under Duterte were condemned by Western governments and human rights groups and sparked an investigation by the International Criminal Court as a possible crime against humanity.

Duterte's successor, President Ferdinand "Bongbong" Marcos Jr., the son of the deposed former dictator, is attempting to portray his own drug policies as distinct from Duterte's lethal efforts, but he's made clear that he is not planning to undertake a policy change, his claim to focus on rehabilitation has yet to substantially materialize, and the government's few current "drug rehabilitation" programs are involuntary, coercive, and expose drug users to further stigma.

And Philippines police are continuing to kill people in the name of fighting drugs, albeit at a lower level than during the Duterte era. In November, police tried to claim the death toll was "very minimal," saying only 46 people had been killed since June 30, when Marcos took office. But the government's habit of lying, obstructing, and obfuscating, so well developed under Duterte, appears to remain intact under Marcos. An independent estimate from the University of the Philippines Third World Studies Center put the actual number of people killed in drug war incidents at 127, nearly three times the police number.

4. Mexico's Drug War Continues Unabated

Four years into his six-year term, President Andres Manuel Lopez Obrador (AMLO) is having no more luck with his "kisses not bullets" approach to his country's violent drug trafficking organizations than his predecessors did with their various efforts to rein in the so-called cartels. After four years of AMLO, the country has seen 140,000 murders, most of them committed by the cartels. That is a 61 percent increase over the same four-year period under his immediate predecessor, Enrique Pena Nieto.

AMLO has also scrapped the Federal Police, replacing them with the National Guard, which he wants to fold into the armed forces. In a worrying sign, the military is now shouldering more and more of the overall responsibility for dealing with violent.

And it is not working. The competing cartels periodically take a respite from trying to kill each other and go to work terrorizing the state and its agents, as was the case in August and September, when the cartels and allied gangs rampaged across four states, shutting down roads and businesses, burning vehicles and businesses, and attacking police and troops, including a stunning series of attacks in Tijuana.

Meanwhile, the cartels continue to work away assiduously at their main enterprise: exporting massive amounts of methamphetamine and fentanyl into the United States.

5. Canada's British Columbia Wins Approval for Drug Decriminalization

Faced with an intractable drug overdose problem, British Columbia, long a leader in progressive approaches to drug policy, in October 2021 requested an exemption from the federal Controlled Drugs and Substances Act to allow it to decriminalize the possession of small amounts of drugs such as cocaine, heroin, and methamphetamine. Health Canada granted that exemption in June 2022.

The new measure goes into effect on January 31, 2023 and will extend three years to January 31, 2026. Under the decrim plan, possession of up to 2.5 grams of those drugs (cumulatively) will not result in arrest or confiscation of the drugs. While decriminalization is a first in Canada, activists in Vancouver and throughout the province are critical of the low weight limits and of the fact that minors will continue to be arrested regardless of the weight of the drugs they are carrying.

British Columbia's pending drug decriminalization will be first for Canada, but it's not the first in North America. Mexico decriminalized drug possession in 2009 and Oregon voters decriminalized drug possession in 2020.

6. Saudi Arabia Resumes Death Penalty for Drug Offenses

After halting executions of drug offenders in January 2020, Saudi Arabia suddenly and without warning resumed them on November 10. Two weeks later, it announced that 20 men had been executed for drug offenses. Dozens of people remain on death row for drug offenses and face imminent execution.On November 22, the Office of the United Nations High Commissioner for Human Rights urged the Saudi government to halt the imminent execution of one drug prisoner and called on the Saudi authorities to adopt an official moratorium on executions for drug-related offenses, commute death sentences for drug-related offences, and guarantee the right to a fair trial for all defendants, including those accused of committing such crimes, in line with the law and its international obligations.

Nearly three dozen NGOS led by the European Saudi Organization for Human Rights, Harm Reduction International, and the World Coalition Against the Death Penalty have called on the International Narcotics Control Board and the United Nations Office on Drugs and Crime to act on urgent measures in response to the series of drug-related executions carried out by the Kingdom of Saudi Arabia since November 10.

Globally, 146 countries, including 20 member states of the Organization of Islamic Cooperation, have abolished the death penalty. The United Nations does not consider drug offenses to be among the most "serious" crimes that would warrant the death penalty, and resort to the death penalty for such offenses contradicts the standards of the United Nations Office on Drugs and Crime and the International Narcotics Control Board.

7. Pakistan Moves to End Death Penalty for Drug Offenses

At year's end, Pakistan's lower house, the National Assembly, passed the Control of Narcotic Substances Amendment Bill 2022, which abolishes the death sentence for drug dealing and converts it into a life sentence. The bill comes as the country has seen a spate of executions for different sorts of offenses since 2014, when it lifted a six-year moratorium on the death penalty in the wake of a terrorist attack on an army school that left 132 children dead.

The vote came just weeks after Saudi Arabia's execution of three Pakistani nationals when it suddenly resumed drug executions in November.

Earlier in the year, the Senate Standing Committee on Anti-Narcotics approved keeping the death penalty for certain trafficking offenses, but in September, President Arif Alvia approved the amendment allowing for life sentences instead.

8. Russia Weaponizes Its Draconian Drug Laws to Turn American Athlete Brittney Griner into a New Cold War Political Pawn

Russia has long used its draconian drug laws against its own citizens, including dissidents, but this year the Kremlin was able to deploy them as a means of pressuring the United States when Russian customs officials arrested American women's basketball star on drug trafficking charges as she entered the country to play off-season pro ball a week before Russian troops invaded Ukraine.

Russia has theoretically adopted the decriminalization of small-scale drug possession, but officers commonly find just enough of a drug to file criminal charges, as was the case with Griner. Although Griner was found with vape cartridges containing less than a gram of medically-recommended cannabis oil, she was charged not with drug possession but with smuggling "a significant amount" of proscribed drugs, a crime that carries a prison sentence of up to ten years.

She was duly convicted in a Russian court and sentenced to 9 ½ years in a Russian prison, creating an embarrassment and distraction for the Biden administration, which faced mounting pressure to win her release. After months of behind-the-scenes negotiations, a prisoner swap was announced, and Griner was released in December in exchange for convicted Russian arms dealer Viktor Bout, who had been sentenced to a minimum of 25 years in prison in 2011 (after already serving three years in pretrial detention).

9. European Countries Move Down Path to Marijuana Legalization

Late last year, Malta became the first European country to legalize marijuana, and this year, several other countries have been taking steps along the same path. In June, Luxembourg move to enact marijuana reforms, although it has retreated from "legalization" to "regulation," and is proposing the decriminalization of up to three grams of marijuana and allowing the cultivation of up to four plants at home. The government had originally proposed full-blown commercial legalization back in 2018 and says that still remains its goal.

In October, Germany unveiled its marijuana legalization plan. The health ministry rolled out a plan that includes the decriminalization of the possession of up to 30 grams of marijuana as well as allowing for the sale of marijuana to adults in a regulated marketplace. The German government will also consult with the European Union's executive commission to ensure that the legalization plan complies with EU laws and will move forward "on this basis" only if the EU approves.

And in November, the Czech Republic began drafting a marijuana legalization bill. The country has already legalized medical marijuana and decriminalized the possession of up to 10 grams of marijuana for adult use, but the country's center-right governing coalition has now begun the process of a drafting a full marijuana legalization bill. The issue was pushed by the Czech Pirate Party, the smallest member of the governing coalition, which said legalization would "make the Czech Republic a freer country" and "bring billions into public budgets."

10. Thailand Kind of, Sort of Legalizes Marijuana

In June, the Thai government removed marijuana from the country's narcotics list, allowing people to grow all the weed they want and freeing more than 3,000 marijuana prisoners. But the law only legalizes marijuana extracts containing less than 0.2 percent THC, meaning that while people can grow all the plants they want, consuming what they produce will remain technically illegal, as is the case with sales now.

But that has not stopped the use and sale of full-potency marijuana. What began as a flowering of edibles and tinctures shops in June has now morphed into a full-blown recreational marijuana scene, with thousands of dispensaries of dubious legality and the government impotently warning a tide of marijuana tourists they are not welcome.

The government's marijuana moves have been confusing and controversial, and the government is attempting to bring some order to the situation with a 95-article Marijuana Bill that seeks to regulate gray areas around cultivation, consumption, and sales. That bill is expected to be passed before the country's next general in May.

Bipartisan Group of Lawmakers Call on Biden to Deschedule Marijuana, Belize Coca Bust, More... (12/23/22)

There's a big payout for a Georgia woman falsely arrested on cocaine charges, British police chiefs call for drug decriminalization, and more.

Coca, traditionally grown only in the Andes, is popping up in Central America and Mexico. (DEA)
Marijuana Policy

Bipartisan Group of Lawmakers Urge Biden to Deschedule Marijuana. After marijuana reforms failed to pass as the current Congress winds down, a bipartisan group of 24 lawmakers called on President Biden to "recognize the merits of full descheduling" of marijuana. Despite the spread of marijuana and marijuana legalization in the states, marijuana remains a Schedule I substance under the Controlled Substances Act, in the same schedule as heroin and LSD. They reminded Biden that he had launched the first formal review of marijuana scheduling back in October, which they called "a crucial and laudable step," but they called for more action.

"Marijuana does not belong in Schedule I of the Controlled Substances Act, a classification intended for exceptionally dangerous substances with high potential for abuse and no medical use," the lawmakers wrote. "The decision to schedule marijuana was rooted in stigma rather than an evidence-based process, and it is time to fully remedy this wrong. While Congress works to send you a comprehensive legalization bill, the administration should recognize the merits of full descheduling." The signatories were 20 Democrats, including Sens. Elizabeth Warren (D-MA) Cory Booker (D-NJ) and Jeff Merkley (D-OR), and four Republicans.

Law Enforcement

Federal Jury Awards Georgia Woman $1 Million After Wrongful Cocaine Arrests, Extended Jail Stay. A federal jury in Atlanta has awarded a Georgia woman $1 million in damages after an Atlanta police officer falsely accused her of drug possession and she was jailed for months -- even after testing showed she did not possess cocaine. The officer stopped her on the street for jaywalking and falsely accused her of hiding cocaine inside an exercise ball. She spent a month in jail before the Georgia Bureau of Investigation completed an analysis that found the substance in question was not cocaine and then inexplicably spent another four months in jail before being released. The arresting officer was initially ordered to pay the damages and his pay began to be garnished, but Atlanta Mayor Andre Dickens has since said the city will take responsibility for the costs.

International

Belize Armed Forces Destroy More Than 100,000 Coca Plants. The Belize Defense Force, the Coast Guard, and the national Police Department destroyed more than 100,000 coca plants in a joint raid southwest of Graham Creek Village this week. No arrests were made, and the plants were burned. Coca has traditionally been cultivated only in the Andes, but in recent years, the international criminal organizations that run the traffic have experimented with coca plantations in Guatemala, Honduras, and Mexico, as well as Belize.

British Police Chiefs Call for Decriminalization of First-Time Drug Offenses. The National Police Chiefs' Council and the College of Policing are calling for the decriminalization of first-time drug possession offenses, with the use and possession of drugs by first-offenders treated as a public health -- not a law enforcement -- matter. Under the plan, people caught with illegal drugs would be offered drug education or treatment programs, but those who do not comply or complete the programs would be subject to criminal prosecution. Police in 14 of the country's 43 police forces have already adopted similar policies, but the plan is opposed by the Conservative government, which has been floating proposals to stiffen drug penalties, including for marijuana.

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