Coca

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Australian Capital Territory Decriminalizes Drug Possession, Malaysia Ends Mandatory Death Penalties, More... (6/10/22)

The State Department is looking for drones to spray Colombian coca crops, Thailand begins handing out a million marijuana plants, and more.

A Colombian coca farmer. Are drones coming for his crop? (DEAmuseum.org)
Foreign Policy

US Wants to Use Drones to Kill Coca Plants in Colombia. The State Department is looking for drones to use to spray herbicides on farmers' coca crops, a newly released request on a government website reveals. "The Department of State, INL Bogota, has a requirement to purchase spray UAV systems to support eradication operations throughout Colombia," the request reads. The program would be under the control of the Colombian National Police. The State Department says drones would lessen threats to personnel involved in coca eradication in the country, one of the world's top cocaine producers. "Coca cultivation in Colombia remains at record highs and eradication operations in Colombia remain dangerous. INL Bogota is seeking to bolster the CNP’s capability to increase the coca eradication rates and minimize the risk for police personnel in the field."

International

Australian Capital Territory to Decriminalize Drug Possession. The government of the Australian Capital Territory (Canberra) announced Thursday that it will decriminalize the possession of small amounts of illicit drugs, including cocaine, heroin, MDMA, and methamphetamine. It will become the first jurisdiction in the country to do so. Under the new law, people in possession of less than the threshold amounts of the drugs will be fined, but not arrested. Some, though, can have their fines waived if they attend an informative session on harm reduction or enter drug treatment. "We know from research and evidence around the world that criminalizing drug users does not reduce drug use and that treating drug addiction as a health issue improves outcomes for everyone in the community," said ACT Health Minister Rachel Stephen-Smith.

Malaysia to Abolish Mandatory Death Penalty, Including for Drug Offenses. The Malaysian government said Friday it will end the mandatory death penalty for various offenses, including drug offenses, and replace it with "alternative punishments" at the discretion of judges. "This shows the government's emphasis on ensuring that the rights of all parties are protected and guaranteed, reflecting the transparency of the country's leadership in improving the criminal justice system," Law Minister Wan Junaidi Tuanku Jaafar said. The country had declared a moratorium on executions in 2018 but laws imposing the mandatory death sentence remained and courts were required to impose those sentences on convicted drug traffickers. The country currently has more than 1,350 under death sentences, including 925 convicted of drug-related offenses. More than 500 of those under death sentences are foreigners.

Thailand Begins Distributing a Million Marijuana Plants. Health Minister Anutin Charnvirakulkicked off a marijuana plant giveaway in Bangkok Friday, handing out the first hundred seedlings of what is planned to be a million-plant distribution. The giveaway is designed to encourage marijuana production, which government officials say will help low-income farmers, especially in the northeast. Charnvirakul was cheered by a crowd of thousands as he took credit for legalizing marijuana. The government insists that, officially, only medical marijuana has been legalized, but there are no plans to monitor small-scale cultivation. 

DE House Passes Legal Pot Bill, US Reps Press DOJ on Civil Asset Forfeiture Abuses, More... (5/6/22)

A South Carolina medical marijuana falls to opponents' House maneuvers, Venezuela is joining the ranks of coca and cocaine producers, and more.

Rep. Jamie Raskin (D-MD) is calling on the Justice Department to explain civil asset forfeiture abuses. (house.gov)
Marijuana Policy

Delaware House Approves Marijuana Legalization Bill. The House on Thursday voted to approve a measure that would legalize the possession of up to an ounce of marijuana for adults, House Bill 371. The bill would not set up a system of taxed and regulated sales but does allow for the unremunerated transfer of up to an ounce from one adult to another. The bill now heads to the Senate, which, like the House, is controlled by Democrats. But it faces a potential veto by Gov. John Carney (D), who has expressed doubts about marijuana legalization.

Medical Marijuana

South Carolina Medical Marijuana Bill Killed in House. A measure to legalize medical marijuana in the state, the Compassionate Use Act (Senate Bill 150) was killed on the House floor Wednesday after a debate over legislative process but without any discussion of the merits of the bill. The bill had already passed the Senate but faced long odds in the House, where opponents of reform filed more than a thousand amendments. One opponent, Rep. John McCravy (R), then created a constitutional challenge for the bill, claiming that it should have originated in the House because it involves a tax on medical marijuana. Under the state constitution, bills involving taxation must originate in the House. House Speaker Pro Tem Thomas Pope (R) then ruled to sustain McCravy's point of order and against an appeal from Rep. Todd Rutherford (D), who said he planned to later scrap the tax language via an amendment, effectively killing the bill. Sponsors said they would keep trying, though.

Asset Forfeiture

House Members Request Justice Department Briefing on Abuses of Federal Civil Asset Forfeiture Program. Rep. Jamie Raskin and Rep. Nancy Mace, Chairman and Ranking Member of the Subcommittee on Civil Rights and Civil Liberties, sent a letter to Attorney General Merrick Garland requesting information about the Department of Justice's (DOJ) efforts to address longstanding abuses of its Equitable Sharing Program, which allows state and local governments to partner with DOJ by transferring property, money, or assets that have been seized by law enforcement to the federal government for forfeiture which then shares up to 80% of the proceeds with local and state law enforcement agencies, regardless of state law.

The letter came after a December hearing that examined the need to reform federal civil asset forfeiture programs, including equitable sharing, to prevent state, local, and federal law enforcement from abusing the civil rights and civil liberties of Americans. Expert witnesses testified that state and local law enforcement agencies use DOJ's Equitable Sharing Program to circumvent state laws aimed at curtailing civil asset forfeiture abuse. Between 2000 and 2019, DOJ paid at least $8.8 billion from its Asset Forfeiture Fund (AFF) to state and local agencies.

"We are concerned that the Equitable Sharing Program creates a loophole allowing state and local law enforcement to seize assets from individuals without bringing criminal charges or a conviction, even in states that prohibit civil asset forfeiture," the Members wrote. "In addition, we are concerned that DOJ does not conduct adequate oversight of law enforcement agencies participating in the Equitable Sharing Program."

International

Venezuela Becoming a Coca, Cocaine Producer. InsightCrime, a website that covers Latin American drug trafficking, is reporting that Venezuela is becoming a coca producing and cocaine manufacturing country. Previously, it had served only as a transshipment point for cocaine produced in the big three coca-growing countries: Bolivia, Colombia, and Peru. But now, "InsightCrime has uncovered evidence of the presence of significant quantities of coca in at least three municipalities in Zulia, and two more to the south in the state of Apure, each time verified and corroborated by multiple reliable sources," the web site reported. "In addition, sources in the field, international agencies, and the Venezuelan government's own reports show that the crystalizing laboratories used to process coca paste into cocaine hydrochloride have been proliferating in the same areas."

All of this activity is taking place in western part of the country, where Colombian guerilla groups and drug traffickers dominate and appear to be operating openly. "So far, cocaine production in Venezuela is nascent, representing just a drop in an ocean of coca compared to the historic levels seen in Colombia in recent years," InsightCrime noted. "But the country's border region, poor, isolated, abandoned by the state and dominated by armed groups, represents a perfect petri dish for it to spread. And in a country trapped in an economic crisis, ruled by a corrupt regime, and ravaged by criminality, that is a dangerous proposition."

Peru Announces Plan to Buy Up Entire Illegal Coca Crop, NH Senate Kills Legal Pot Bills Again, More... (4/29/22)

The White House announces more money for drug law enforcement, GOP senators file a bill to reduce but not eliminate the crack-powder cocaine sentencing disparity, and more.

British Virgin Islands Premier Andrew Fahie -- busted on drug charges in Florida (bvi.gov.vg)
Marijuana Policy

New Hampshire Senate Again Rejects Marijuana Legalization Bills. The Senate on Thursday rejected two different marijuana legalization bills. House Bill 1598 would have created a state-run monopoly for retail marijuana sales, while House Bill 629 would have legalized personal possession and home cultivation of the plant. In recent years, the House has repeatedly passed marijuana legalization bills, only to see them die in the Senate. On reason is paternalistic politicians like Sen. Bob Guida (R-Warren), who said he was "proud" of defeating legalization. "It may be what people want, but it's not what we as a Senate should enable them to do because it will cause harm," he said.

Law Enforcement

White House Announces $275 Million for Law Enforcement in HIDTAs. The White House's Office of National Drug Control Policy (ONDCP -- the drug czar's office) announced Thursday that it has allocated $275 million for law enforcement in designate High Intensity Drug Trafficking Areas (HIDTAs) to tackle black market opioid trafficking. ONDCP said the funds would go to 33 regional HIDTAs to "reduce violence associated with drug trafficking, improve interdiction efforts through enhanced data sharing and targeting, and dismantle illicit finance operations." Some of the money will also support public health and safety partnerships, like the Overdose Response Strategy, which works with the Centers for Disease Control and Prevention (CDC) to reduce overdose. But the bulks of the money is going to prohibitionist law enforcement.

Sentencing

GOP Senators File Bill to Reduce but Not Eliminate Crack/Powder Cocaine Sentencing Disparity, Stiffen Some Penalties. US Sens. Chuck Grassley (R-IA), Mike Lee (R-UT), Lindsey Graham (R-SC), and Roger Wicker (R-MS) to introduce the SMART Cocaine Sentencing Act, which would reduce the sentencing disparity between crack and powder cocaine offenders tried in federal courts. The bill would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. It would reduce the volume required to trigger five-year mandatory minimum sentences for powder cocaine from 500 grams to 400 grams, and from 5 kilograms to 4 kilograms for 10-year mandatory minimum sentences. For crack cocaine, the volume triggering a five-year mandatory sentence would be increased from 28 grams to 160 grams; the volume for the 10-year mandatory sentence would be lifted from 280 grams to 1,600 grams.

International

British Virgin Islands Leader Busted in Florida Drug Sting Operation. The elected head of government of the British Virgin Island, Premier Andrew Fahie, was arrested in a drug sting operation in Florida Thursday. Fahie went down after an undercover informant posing as a member of the Sinaloa Cartel sought his help in moving cocaine through the territory and on to the United States and Fahie agreed to help in return for $500,000 paid up front and accepted $20,000 in cash as good faith money. The Caribbean island nation's port director and her son were also charged. Fahie and the other two all face charges of conspiracy to import at least five kilograms of a cocaine mixture and conspiracy to launder money.

Mexico Sends 200 More Soldiers to Tijuana to Fight Cartel Violence. Mexico has deployed an additional 200 National Guard troops to join the 3,500 already deployed in the border city of Tijuana, which has been ravaged by prohibition-related violence in recent weeks. "The conflict over control of production, distribution and sales of drugs led by organized delinquents within the state of Baja California has generated a large number of homicides as a result of these activities,"said General Francisco Javier Hernández Almanza, the head of the Mexico's National Guard in Baja California. The soldiers will man vehicle checkpoints across the city. But the entry of Mexican soldiers into areas of cartel violence has often led to more -- not less -- violence.

Peru Announces Plans to Buy Up Entire Illicit Coca Crop. The government has announced a plan to buy up the nation's entire supply of illegal coca leaf as part of its battle against drug trafficking. The Andean nation is one of the world's three major cocaine producers, along with Bolivia and Colombia. The country has a legal coca market and produced an estimated 160,000 tons of coca leaf last year, but 95 percent of that was grown illegally and was destined for illegal markets, where it was converted into about 400 tons of cocaine. The country's coca monopoly, ENACO, has 95,000 registered licit coca growers, but there are an estimated 400,000 illicit coca growers that the government wants to bring into the fold. "It is imperative, for at least a year, to buy coca leaf from existing registered producers and from those that will make up the newly created register," Cabinet Chief Anibal Torres said on Wednesday when presenting the initiative. The plan would also end the military occupation of the VRAEM (Valleys of the Apurimac, Ene, and Mantaro Rivers), the country's main coca production area, which has had a military presence since 2006.

Swiss Pharmacy Pot Sales Pilot Project Gets OK, Singapore Set to Hang Mentally Disabled Drug Offender, More... (4/20/22)

A new CBS poll shows continuing strong support for marijuana legalization, Honduras is becoming a coca and cocaine production center, and more.

Yet another poll showing strong support for marijuana legalization.
Marijuana Policy

CBS Poll: Two-Third of Americans Want Marijuana Legalized Federally and in Their States. A new CBS/YouGov poll is remarkably consistent with other recent national polls, finding that 66 percent of Americans want marijuana to be legal at both the federal and state levels. The poll also found broad acceptance of marijuana businesses, with just 30 percent saying they would oppose such a business. The level of support for state-level legalization was identical to the level of support for federal legalization.

Missouri Marijuana Legalization Bill Heads for House Floor Vote. The House Legislative Oversight Committee has voted to approve a marijuana legalization bill, House Bill 2704, but only after adding several "poison pill" amendments, including one that would exclude transgender women from accessing no-interest loans available to women and minorities applying for cannabis business funding. Bill sponsor Rep. Ron Hicks (R-Defiance) and committee Democrats said they passed the bill with the amendments in hopes they would be stripped out on the House floor.

Medical Marijuana

South Carolina Medical Marijuana Bill Heads for House Floor Vote. A medical marijuana bill, the Compassionate Care Act (House Bill 3361) passed out of the Committee on Medical, Military, Public and Municipal Affairs Tuesday and now heads for a House floor vote. Identical companion legislation has already passed the Senate. The bill from Sen. Tom Davis (R) has been under consideration since January 2021.

Louisiana Bill to Ease Access to Medical Marijuana Heads for House Floor Vote. A bill to expand access to medical marijuana by changing the agency that regulates the industry and adding the University of Louisiana at Monroe to the list of facilities that can do research on medical marijuana, House Bill 418, passed the House Health and Welfare Committee and now heads for a House floor vote. The bill also would expand the number of licenses from 10 to 25, with 30 percent of the new licenses set aside for social equity applicants.

International

Honduras Sees Proliferating Coca Growing, Cocaine Labs. After years of low-level test plots, coca production and cocaine labs are proliferating in the Central American nation of Honduras, far from coca's traditional home in the Andes. Authorities reported destroying more than half a million coca plants in the first three months of this year alone, more than seized in all of 2021. One coca farm extended over 42 acres and held 345,000 plants, as well as three cocaine labs capable of producing 50 kilograms of cocaine every month. Most of the planting is going on in the mountains of Colon and Olancho departments but is also spreading to the nearby departments of Yoro and Gracia a Dios. The first large coca farm in the country was found just five years ago.

Singapore Set to Execute Mentally Disabled Malaysian Drug Offender. A Malaysian man who defenders say is mentally disabled is set to be hung next week after losing a final appeal. Nagaenthran K. Dharmalingam was sentenced to death in 2010 for trying to smuggle less than 1.5 ounces of heroin into the city-state. His case has sparked widespread condemnation, including from the European Union. The Anti-Death Penalty Asia Network has also called for a halt to the execution. Singapore had enacted a moratorium on executions during the coronavirus pandemic, but that ended just weeks ago with the execution of another drug offender.

Swiss Pilot Project to Allow Marijuana Sales from Pharmacies Gets Green Light. A plan to allow a few hundred people in Basel to buy marijuana in pharmacies has gotten the go-ahead from the Federal Office of Public Health. This is the first marijuana pilot project to be authorized since the country cleared the way for them last May. The Federal Office of Public Health says the goal of the projects is to heighten understanding of "alternative regulatory forms" that could be the basis for future legalization legislation. The program will get underway in midsummer, with 400 participants able to get marijuana products. The program will last 2 ½ years, with participants questioned regularly about their consumption and their physical and mental health.

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

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

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

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

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

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

Opiates and Opioids

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

Psychedelics

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

International

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

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

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

SD House Panel Kills Marijuana Legalization Bill, Peru to Try "Kinder, Gentler" Approach to Coca Growers, More... (2/28/22)

Dr. Bronner's Magic Soaps makes the news in a couple of different ways today, an asset forfeiture reporting bill advances in South Dakota, and more.

Dr. Bronner's Cosmic Engagement Officer David Bronner. His company got a nice profile in the New York Times today.
Marijuana Policy

South Dakota House Panel Kills Marijuana Legalization Bill. If South Dakotans want marijuana legalized -- as they showed by voting to do just that in 2020 -- their only way may be to do it may again be the ballot box. A legislative effort to legalize marijuana that passed out of the Senate last week, Senate Bill 3, was killed Monday by the House State Affairs Committee on an 8-3 vote. That leaves a clear path for a legalization initiative sponsored by South Dakotans for Better Marijuana Laws, which is currently in the signature gathering process.

Psychedelics

New York Times Notes Dr. Bronner's Drug Reform Largesse, Psychedelic Philanthropy. In a major profile piece, the Times has published "Dr. Bronner's, the Soap Company, Dips Into Psychedelics," which details Dr. Bronner's CEO (Cosmic Engagement Officer) David Bronner's support of drug reform and psychedelic renaissance efforts over the years. Just since 2015, the company has donated more than $23 million to drug reform and research organizations. (Disclosure: This includes some support to this publication and our parent organization, going back to long before 2015.) The publicly-minded philanthropy has helped support research into the therapeutic benefits of MDMA, various marijuana initiatives, the 2020 Oregon therapeutic psilocybin initiative and local psychedelic decriminalization efforts, as well as broader drug reform efforts. There's much more at the link.

Dr. Bronner's Is Providing Psychedelic Therapy as Employee Healthcare Benefit. Dr. Bronner's, family-owned maker of the top-selling natural brand of soap in North America, has expanded its mental healthcare benefits to include Ketamine Assisted Therapy, as a first step in providing access to Psychedelic Assisted Therapy to employees to promote mental health. This innovative benefit plan is administered by Enthea, a nonprofit healthcare organization responsible for medical policy development, provider network management, and benefit plan administration. Enthea establishes high 'quality of care' standards for the treatments offered, including credentialing and managing a network of specialty providers.

"The health and well-being of our employees is the primary driver in how we think about benefits and compensation. Offering coverage for Ketamine Assisted Therapy is in the interest of providing tools to our workforce to have the best quality of life and best options for mental health care," explains Michael Bronner, President of Dr. Bronner's. "Our family and company are no strangers to depression and anxiety. We are deeply concerned about the mental health crisis society is facing, especially in the context of the Covid-19 pandemic. Considering all our advocacy on this issue, this employee benefit is the next logical step," Bronner continued. Coverage for employees began on January 1.

Asset Forfeiture

South Dakota House Approves Asset Forfeiture Reporting Bill. Rep. Aaron Aylward's (R-Harrisburg) bill requiring asset forfeiture reporting from law enforcement agencies that makes seizures, House Bill 1328, passed out of the House last Friday and is now set for a hearing later this week in the Senate Judiciary Committee. The bill requires seizing agencies to gave the state attorney general an annual report itemizing every item seized and requires that the attorney general make that information available online for public inspection. Agencies that fail to generate the required reports would face a fine of $500 or 25% of the value of the seized goods.

International

Peru Drug Agency Shifts to Voluntary, Sustainable Coca Eradication. Peru's anti-drug agency, DEVIDA, announced last Friday that given the lack of effectiveness of compulsory coca crop eradication, it is proposing a Citizen's Social Pact for voluntary, sustainable reduction of coca crops. The agency is now under the leadership of longtime reform advocate Dr. Ricardo Soberon and instead of resorting to compulsion is moving toward building a commitment between the state and civil society with reciprocal rights and duties. DEVIDA will work with indigenous peoples and agricultural producers so they "voluntarily reduce coca crops for illicit purposes in exchange for timely services from the State." The plan will rely on alternative development and reducing illicit crops in a gradual and sustainable matter.

MS House Passes MedMJ Bill, MO Drug Decrim Bill Filed, More... (1/20/22)

A marijuana services company has filed a federal lawsuit over massive cash seizures by cops in California and Kansas, the Colombian Constitutional Court puts the kibosh on spraying coca crops with herbicide, and more.

Colombian coca farmers will not have to worry about having toxic herbicides dumped on their fields. (DEA)
Medical Marijuana

Mississippi House Amends Medical Marijuana Bill to Lower Possession Limits, Then Passes It. The House on Wednesday approved the Senate's medical marijuana bill, Senate Bill 2095, but only after amending it to lower the amount of marijuana flower patients can possess each month from 3.5 ounces to 3 ounces. The Senate had previously lowered the limit from 4 ounces to 3.5 in a bid to soothe the concerns of Governor Tate Reeves (R), who has expressed worry that the bill allowed patients too much marijuana. The bill now goes back to the Senate. If the Senate rejects the House's amended limit, the bill would then go to conference committee to hash out the differences.

Asset Forfeiture

Marijuana Services Company Sues Cops in California and Kansas Over Seizures of $1.2 Million in Cash. Empyreal Logistics, a company that uses armored cars to transport cash to and from marijuana businesses, has had its vehicles stopped and cash seized on five separate occasions since last May by sheriff's deputies in Kansas and California. The stops resulted in no citations or criminal charges, but the deputies seized $1.2 million in cash under state civil forfeiture law.

Now, with the help of the Institute for Justice, Empyreal has filed a federal lawsuit arguing that the seizures violate state law, federal law, and the US Constitution. In a complaint it filed last Friday in the US District Court for the Central District of California, Empyreal says it is "entitled to protection from highway robberies, regardless of whether they are conducted by criminals or by the Sheriff and federal law-enforcement agencies acting under color of law."

In both California and Kansas, local sheriffs handed the seizures over to the DEA in a bid to circumvent state laws limiting seizures and who profits from them. The lawsuit charges that the DEA's involvement violates the Rohrabacher-Blumenauer Amendment, a spending rider that bars the Justice Department (which includes the DEA and the FBI) from using any of its funds to interfere with the implementation of state laws authorizing the medical use of marijuana. Because the DEA violated that restriction, the company says, it also violated the Fourth Amendment's ban on unreasonable searches and seizures. And because the seizure was motivated by the prospect of financial gain, the lawsuit says, it violated the Fifth Amendment's guarantee of due process.

Drug Policy

Arizona Bill Would End Restriction on Food Stamp Benefits to Drug Felons. A bill that would remove requirements that people with past felony drug convictions agree to random drug testing and to taking part in a drug treatment program in order to access the Supplemental Nutritional Program (SNAP) has passed its first hurdle. Sponsored by Rep. Walter Blackman (R-Snowflake), the measure, House Bill 2060, was approved unanimously on Wednesday by the House Judiciary Committee. It now heads for a House floor vote.

Missouri Drug Decriminalization Bill Filed. State Rep. Peter Merideth (D) has filed a bill to decriminalize a range of drugs including marijuana, psilocybin, LSD, MDMA and cocaine. The measure, House Bill 2469, would make low-level drug possession an infraction punishable by a maximum $100 fine or participation in a drug treatment program if ordered by a court. The bill would decriminalize up to 10 grams of cannabis, one gram of heroin, one gram of MDMA, two grams of methamphetamine, 40 units of LSD, 12 grams of psilocybin, 40 units of methadone, 40 oxycodone pills and two grams of cocaine. The bill also lowers charges for possessing some quantities greater than personal use from felonies to misdemeanors. It currently has no hearing scheduled.

International

Colombia High Court Blocks Government Plan to Spray Coca Crops with Toxic Herbicide. The country's Constitutional Court ruled Wednesday that the administration of conservative President Iván Duque cannot spray the herbicide glyphosate on coca crops without the consent of rural communities. That effectively blocks the proposed renewal of spraying. The ruling came after rural black and indigenous communities sued to block the plan, saying the herbicide causes disease, destroys traditional crops and pollutes the water.

The court imposed a one-year deadline for agreement to be reached to allow spraying, effectively blocking the Duque administration, which leaves office in August, from moving forward before then. Spraying the coca crop with glyphosates was done in the past but blocked by the Constitutional Court in 2015. President Duque has spent the four years of his administration trying to get it going again.

Another AR Marijuana Legalization Initiative Filed, Furor Over Looming Singapore Drug Execution, More... (11/5/21)

Critics chide the new drug czar over his perfomance in West Virginia, a third marijuana legalization initiative has been filed in Arkansas, and more. 

Peru's coca crop is increasing, and much of it has to do with the pandemic. (Pixabay)
Marijuana Policy

Arkansas Sees Third Marijuana Legalization Initiative Filed. And then there were three. Veteran activist Melissa Fults on Friday filed the Arkansas Adult Use and Expungement Marijuana Amendment, the third marijuana legalization initiative filed in the state so far this year. The initiative takes the form of a constitutional amendment, which means it faces higher signature-gathering requirements than the other two initiatives, which are statutory initiatives. Constitutional amendments require 89,151 valid voter signatures to qualify for the ballot, but statutory initiatives require only 71,321. In either case, signatures must be handed in by early July 2022. The Fults initiative would increase the number of dispensaries to one for every 15,000 residents up to a maximum of 200 and would also allow the home cultivation of up to six plants. The amendment also envisions a tax on recreational marijuana sales, with proceeds going to support education and the state's general fund. Other initiatives already filed are the Arkansas Cannabis Industry Amendment and an initiative sponsored by Arkansas True Grass.

Drug Policy

Critics Question New Drug Czar's Commitment to Harm Reduction. The Biden administration is now on record as supporting harm reduction policies, but some critics of his pick to head the Office of National Drug Control Policy (ONDCP—the drug czar's office), Dr. Rahul Gupta, are expressing concern over his commitment to harm reduction, especially around his role in shutting down West Virginia's largest needle exchange program. As then-director of the state's Bureau of Public Health and faced with harsh local political opposition to needle exchanges, Gupta ordered an audit of the Charleston needle exchange program and called for it to be suspended because it didn’t require participants to first seek treatment for drug use before accessing clean syringes. That stance flouted Center for Disease Control and Prevention (CDC) recommendations that support lowering barriers to access and guidelines set up by his own office. Since then, the state has moved toward eliminating all harm reduction services. Dr Robin Pollini, an epidemiologist at West Virginia University, and six other harm reduction experts nationwide wrote letters speaking out against Gupta’s findings saying his central criticism – that treatment options weren’t being prioritized above syringe access – showed he missed the point of harm reduction entirely. "The report was arbitrary in faulting the program for not adhering to practices that were not even required by the state certification guidelines” – guidelines written by Gupta’s own office." Pollini said in a recent interview. Gupta's audit legacy includes a new state law that makes it illegal for harm reduction programs in the state to follow CDC guidelines. Since that law passed, three more counties have shut down their needle exchange programs.

International

Peru Coca Cultivation is Rising; Three Reasons Why. While the White House and Peruvian authorities disagree over how much coca is being produced in the country, there is little disagreement that coca cultivation is increasing and Insight Crime has produced an analysis citing three reasons why: The coronavirus pandemic and associated lockdowns led the government to suspend eradication efforts and reduced the ability of the National Police to enforce coca cultivation laws, the balloon effect (when crops are suppressed in one area, they pop up in another), and people who lost jobs because of the pandemic headed back to the countryside, where sowing coca or working as laborers on coca farms are some of the only economically viable activities.

Singapore Set to Execute Malaysian Man Over 1 ½ Ounces of Heroin. Singapore is set to hang Malaysian citizen Nagaenthran K.Dharmalingam for smuggling 43 grams of heroin into the country, but human rights and legal groups are calling for the execution to be halted because the man has an IQ of only 69, indicating severe disability. A hearing is set for Monday where supporters will argue that executing a mentally disabled person violated the country's constitution. Nagaenthran's lawyer aid he "could possibly have a mental age below 18," and that that disability doesn't allow him to understand deterrence. "Therefore, we contend that the execution is irrational and a capricious act of the state." The Malaysian Bar and other legal groups submitted appeals to commute his sentence this week, and demonstrations have broken out in front of the Malaysian Parliament demanding the government intervene. The Anti-Death Penalty Asia Network, Amnesty International and Human Rights Watch echoed calls to save Nagaenthran, saying the execution of a disabled person violates international laws and won’t deter crime. "Singapore should commute Nagaenthran Dharmalingam’s sentence and amend its laws to ensure that no one is subjected to the death penalty, certainly not people with intellectual or psychosocial disabilities,” Human Rights Watch said.

Rahul Gupta Confirmed as ONDCP Director, PA Pot Poll, Colombia Coca Growers Seize Solders, More... (11/1/21)

The nation has a new drug czar, Italian activists hand in hundreds of thousands of signatures to try to get a marijuana and psychoactive substances initiative before the voters, and more.

Meet the new drug czar: Dr. Rahul Gupta has been confirmed by the Senate to head ONDCP. (MD)
Marijuana Policy

Pennsylvania Poll Has Record High Support for Marijuana Legalization. A new Franklin & Marshall College poll has support for marijuana legalization at a record high, with 60 percent of respondents backing it. That's up one percentage point since the last Franklin & Marshall poll in March. The poll comes as a number of state legislators file bills to make it happen, but such efforts have so far gotten little traction in the Republican-controlled House and Senate.

Drug Policy

Senate Confirms Dr. Rahul Gupta as ONDCP Director. The Senate last Thursday confirmed President Biden's pick to head the Office of National Drug Control Policy (ONDCP—the drug czar's office), Dr. Rahul Gupta. Gupta is the first MD to serve as drug czar. Gupta has served as West Virginia's Chief Medical and Health Officer and Senior Vice President at March of Dimes. As the state’s Chief Health Officer, Dr Gupta led the opioid crisis response efforts and launched a number of pioneering public health initiatives, including the Neonatal Abstinence Syndrome Birthscore program to identify high-risk infants. He also led the development of the state’s Zika action plan and its preparedness efforts during the Ebola Virus Disease Outbreak.

International

Colombia Coca Growers Seize, Then Release 180 Government Soldiers. Hundreds of coca growers armed with sticks and machetes seized 180 Colombian soldiers who were part of an operation to destroy coca crops early last week and released them days later after deciding unilaterally to let them go after negotiations with the government. "The situation ends here with a voluntary agreement from the growers," said a mediator from the ombudsman's office. The eradication operation was taking place near the Venezuelan border and threatened to disrupt the farmers' livelihoods.

Italian Activists Turn in Hundreds of Thousands of Signatures for Marijuana and Psilocybin Referendum. Last Thursday, activists handed in some 630,000 signatures for a referendum to legalize the cultivation of marijuana and other psychoactive plants and fungi. Now, the Supreme Court of Cassation has 30 days to determine that the signatures are valid, and if they are found valid, the Constitutional Court will determine whether the measure conflicts with the national constitution or international treaties. Activists say they intentionally limited the referendum's language to meet that standard.

Canada's Trudeau Urged to Decriminalize Drugs, Spain's Socialists Reject Marijuana Legalization, More... (10/21/21)

Britain's Labor leader rejects drug decriminalization, Spain's ruling Socialists reject marijuana legalization, Peruvian coca growers protest, and more.

International

British Prime Minister Says He Will Examine Latest Advice on Legalization of Psilocybin. In response to a question in Parliament from Tory MP Crispin Blunt, who said the drug had "exciting potential" and urged him to review the law to allow more research into psilocybin's therapeutic qualities, Prime Minister Boris Johnson said Thursday he would: "I can say that we will consider the Advisory Council on the Misuse of Drugs recent advice on reducing barriers to research with controlled drugs such as the one he describes, and we will be getting back to him as soon as possible." Psilocybin is currently a Schedule I substance under the Misuse of Drugs Act, which means it requires a Home Office license to conduct research, and Blunt and other campaigners want it moved to Schedule 2 to make it easier to conduct research.

British Labor Party Leader Says He Would Not Decriminalize Drugs. Asked if a Labor government would either decriminalize drugs, Labor Party leader Sir Keir Starmer said it would not. The comment comes after Scotland's Lord Advocate called for diverting from prosecution people caught with small amounts of drugs. Starmer criticized the notion even as he accused the Scottish National Party of having an "appalling" drug overdose death. When asked about the Lord Advocate's advice made sense, Starmer said: "The Lord Advocate has set up principles and we have not seen the detail yet, which will come out shortly. I do not think what happens in Scotland should be a general application across the UK. One of the benefits of devolution is to allow each of the nations to look separately in context to the challenges they have. But if I was prime minister of the UK I would not be introducing that."

Canadian Prime Minister Urged to Decriminalize Drug Possession. Nearly 70 organizations across the country, including the HIV Legal Network, the British Columbia Civil Liberties Association, and the National Association of Women and the Law, have written a letter to Prime Minister Trudeau asking him he make drug policy reform a priority for his newly re-elected Liberal government. Even though  Trudeau's Liberal Party approved a decriminalization resolution in 2018, Trudeau has so far rejected the move, but pressure is rising along with the number of drug overdose deaths. The groups are calling for immediate drug decriminalization and a safe drug supply, saying that the overdose deaths are driven by "a contaminated drug supply and the stigma associated with drug use."

Costa Rica Congress Approves Medical Marijuana. The Congress on Tuesday approved the legalization of medical marijuana over opposition from President Carlos Alvarado. The law allows for the cultivation and processing of marijuana for medical use but does not allow for recreational use. Lawmakers are calling on Alvarado not to veto the bill. If he does, the bill would have to be passed again with a supermajority.

Peru Coca Farmers Protest Goverment Crop Eradication. Hundreds of coca leaf growers are in the fifth day of a highway blockade as they protest the destruction of their crops by the government. The protest began with the eradication of coca fields in Carabaya province, in the Puno region. Growing coca leaf is legal for farmers who are on a registered government list, but that list has not been updated since 1978. The demonstrators, who mainly voted for President Pedro Castillo, are calling on him to stop the eradication of unpermitted crops.

Spanish Socialist Party Votes Against Legalizing Marijuana. The ruling Socialist Party (PSOE) joined with rightist opposition groups in opposing a bill to legalize marijuana that was sponsored by its coalition partner Unidas Podemos. In opposing the measure, the Socialists aligned themselves with the conservative Popular Party and the extremist right Vox Party. That tactical alliance was able to defeat the bill 263-75. "This is not a question of the right or the left, it is a question of public health," said PSOE lawmaker Daniel Vicente in Congress, adding: "We are a government party."

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