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DEA Loses Bid to Kill MJ Rescheduling Lawsuit, Canada to Stop Prosecuting Most Drug Possession Cases, More... (8/20/20)

A new poll shows bipartisan support for marijuana legalization, Colombian coca eradication goes into high gear amidst the pandemic, and more.

Marijuana Policy

New Poll Has Bipartisan Support for Marijuana Legalization. A new poll from Data for Progress has support for marijuana legalization at 58%, including 69% of Democrats and 54% of Republicans. Support among Democrats jumped to 79% when respondents were provided details of the Marijuana Opportunity Reinvestment and Expungement (MORE) Act, which is currently pending before Congress. So did Republican support, which jumped to 60%.

Law Enforcement Professionals Call on Congress to Legalize Marijuana. More than 50 current and former law enforcement professionals have sent a letter to Congress urging it to move swiftly on the Marijuana Opportunity Reinvestment and Expungement (MORE) Act. The letter was signed by the National Black Police Association, Fair and Just Prosecution and Law Enforcement Action Partnership, in addition to dozens of current and former prosecutors, judges and police officers. Cook County State Attorney Kim Foxx and Minnesota Attorney General Keith Ellison (D) were among the list of signees.

Federal Appeals Court Rejects DEA Challenge to Marijuana Rescheduling Lawsuit. The 9th US Circuit Court of Appeals has denied a DEA request to throw out a lawsuit challenging marijuana's listing as a Schedule I drug. The lawsuit was filed in May by a group of scientists and veterans who argue that marijuana's classification is unconstitutional.

International

Canadian Federal Prosecutors Directed to Avoid Drug Possession Charges in Most Cases. The Public Prosecution Service of Canada has issued a directive to prosecutors to not prosecute drug possession cases unless major public safety concerns are involved. Charges should be filed only "in the most serious cases," said agency director Kathleen Roussel. In most cases, prosecutors should seek alternative approaches, such as restorative justice and indigenous approaches. "When deciding whether to initiate and conduct any prosecution, PPSC prosecutors must consider not only whether there is a reasonable prospect of conviction based on the evidence available but also whether a prosecution serves the public interest," she said.

Colombia Coca Eradication Goes into High Gear During Pandemic. Manual coca eradication is occurring at levels not seen for a decade even as the country battles the coronavirus pandemic. In June alone, more than 32,000 acres were forcibly eradicated, more than any month since the government and the FARC signed a peace treaty in 2016. "The government has taken advantage of the pandemic to do an eradication campaign and not to support farmers," said Eduardo Diaz, director of the Agency for the Voluntary Substitution of Illegal Crops under former Colombian President Juan Manuel Santos. "If the government wanted to support farmers, they would also take the opportunity to be present in the territories and support them in the production of food, support them in productive development. It takes the same effort to bring troops to do forced eradication as to bring technicians to do training and plant the fields... They have to pursue drug traffickers, but the farmers aren't drug traffickers."

State Treasurers Lobby for Marijuana Banking in COVID Bill, Journalists Harassed in Colombia, More... (8/18/20)

A coalition of state treasurers is urging Congress to pass marijuana banking reforms as part of any coronavirus relief package, Arizona's Maricopa County improves the way it handles smalltime pot busts, and more.

Can the marijuana industry catch a break with the coronavirus relief bill? (Creative Commons)
Marijuana Policy

State Treasurers Group Lobbies for Marijuana Banking in Coronavirus Bill. A coalition of state treasurers from around the country are calling on Congress to include marijuana banking reforms in the next coronavirus relief package. The move would boost the economy by giving it a much-needed infusion of capital, while protecting workers in the sector, the treasurers argued. The House included the SAFE Banking Act in the relief bill it passed in May, but Senate Majority Leader Mitch McConnell (R-KY), who has long opposed marijuana reforms, sharply criticized House Democrats for including marijuana in the bill. Negotiations on the relief bill are currently going nowhere.

Arizona's Most Populous County Will Defer Pot Possession Prosecutions if Offenders Get a Medical Marijuana Card. Maricopa County (Phoenix) Attorney Allister Adel has announced that anyone who gets arrested in Maricopa County on a simple marijuana possession charge can apply for a medical marijuana card to avoid prosecution. "In cases where the defendant was not in compliance with the AMMA [Arizona Medical Marijuana Act] at the time of the crime solely because the person did not have a valid medical marijuana card, MCAO will dismiss a charge involving any crime covered by the AMMA if the defendant obtains a medical marijuana card and provides proof by the [initial pretrial conference]," the new policy says. That's a vast improvement over past practice under former County Attorney Bill Montgomery. Under the reign of Montgomery and his predecessors, low-level, first- and second-time marijuana offenders were sent to a drug treatment program called TASC, where they would shell out thousands of dollars and submit to frequent urine tests. The county attorney's office would get a cut of the profits.

Drug Policy

Minneapolis Suburb Repeals "Crime-Free, Drug-Free" Ordinance. The city council in the Minneapolis suburb of St. Louis Park voted unanimously Monday to repeal a controversial housing ordinance that police used to order landlords to evict tenants over suspected criminal activity. Tenants who were never convicted or even charged with a crime lost their housing, and once a local news station went public with its investigation, the city council moved quickly to repeal the policy.

International

Committee to Protect Journalists Calls for Investigation After Colombian Soldiers Shoot at Journalist, Threaten Reporters Covering Coca Protests. The Committee to Protect Journalists called Monday for Colombian authorities to undertake a thorough and transparent investigation into an incident where soldiers fired weapons at journalists Fernando Osorio and Edilson Álvarez as they covered a coca grower protest, then detained them for six hours and accused them of being left-wing guerrillas. "Colombian authorities should thoroughly investigate soldiers' brazen attacks on journalists Fernando Osorio and Edilson Álvarez and ensure that all those responsible are held to account," said CPJ Central and South Americas Program Coordinator Natalie Southwick, in New York. "The fact that this is the second shooting attack by soldiers on Osorio highlights the disregard that some in the Army appear to have for journalists. Impunity in these attacks will only perpetuate violence against journalists."

Maine Marijuana Stores to Finally Open, KY "Breonna's Law" Banning No-Knock Raids Filed, More... (8/17/20)

After years of delay, Maine regulators say retail marijuana outlets will be open in October, eight people were killed in a Colombian region where different leftist guerrillas are fighting each other for control of the drug trade, and more.

Breonna Taylor (family photo)
Marijuana Policy

Maine Marijuana Retail Shops to (Finally) Open in October. It's been nearly four years since Mainers voted to legalize marijuana, and finally, the state is ready for the outlets to open. The state Office of Marijuana Policy will issue its first recreational marijuana business licenses on September 8, giving stores a month to harvest, test, and package their products before the October 9 opening date. "Today's announcement is a major milestone in honoring the will of Maine voters and a significant step toward launching a new industry in the state," OMP Director Erik Gundersen said in a statement.

Law Enforcement

Kentucky Bill Named for Breonna Taylor Would Ban No-Knock Raids. State Rep. Attica Scott (D) announced Sunday that she was filing a bill named "Breonna's Law" that would ban no-knock search warrants statewide. Under the bill, police would have to knock and announce their presence, police would be subject to alcohol and drug testing after killing someone, and police body cameras to be turned on for at least five minutes before and after serving a warrant. Breonna Taylor was an Emergency Medical Technician shot and killed by Louisville Metro Police officers serving a no-knock warrant for a drug raid. No drugs were found, but her boyfriend opened fire on the late-night home invaders, injuring one officer, and officer fired back wildly, killing Taylor. Her cause has been taken up by the Black Lives Matter movement, and her death has sparked months of protests in Louisville.

International

Eight Gunned Down in Colombia Coca-Growing Region. Unknown gunmen shot and killed eight people in one of Colombia's primary coca-growing regions, officials said Sunday. The killings took place in the town of Samaniego in Narino department, where 20 people have been gunned down in the last two month. Narino borders Ecuador, making it a strategic location on a favored route for smuggling drugs north to Central America and the US. Leftist FARC rebel dissidents are fighting for control of the region with another leftist guerrilla group, the National Liberation Army.

MA MJ Industry Unionization Battles, Bolivian Coca Growers Mobilize, More... (8/12/20)

A former crime-fighting prosecutor and attorney general who now wants to legalize marijuana is Joe Biden's vice-presidential pick, a Wyoming judge frees some hemp farmers from a spurious prosecution, and more.

Joe Biden has selected Sen. Kamala Harris (D-CA), the sponsor of a marijuana legalization bill, as his vice-presidential pick.
Marijuana Policy

Joe Biden Selects MORE Act Sponsor Kamala Harris for VP. Presumptive Democratic Party presidential nominee has selected Sen. Kamala Harris (D-CA) to be his vice-presidential pick. For drug reformers, Harris's record as San Francisco district attorney and California attorney general is a mixed one, but she is currently sponsoring a federal marijuana legalization bill, the Marijuana Opportunity Reinvestment and Expungement (MORE) Act (S.2227). The Senate version of the bill hasn't moved, but the House version, HR 3384) made history last year by passing out of the House Judiciary Committee, the first time a legalization bill won a vote in Congress.

Massachusetts Marijuana Cultivation Workers Unionize. Workers at Cultivate Holdings in Leicester voted by an "overwhelming majority" to join the United Food and Commercial Workers (UFCW) Union Local 1445, the latest victory for organized labor in the industry. In July, workers at Mayflower Medicinals in Holliston voted to join the UFCW. But the union isn't winning every vote; recently, workers at New England Treatment Access voted down unionization. The UFCW accused management of "anti-union tactics" in that case.

Hemp

Wyoming Judge Throws Out Drug Trafficking Charges Against Hemp Farmers. Late last week, a Laramie County judge threw out drug trafficking charges brought against a pair of hemp advocates and farmers and two of their workers after the Division of Criminal Investigation raided their farm last November. Prosecutors sought to bring marijuana manufacture, delivery, possession, and cultivation charges against all four, but the judge ruled that the farmers had intended to produce hemp, not marijuana. Under Wyoming law, hemp has to have less than 0.3% THC. This crop contained less.

International

Bolivian Coca Growers Mobilize, Blockade Roads in Rising Protests Against Delayed Elections

(This article was prepared by StoptheDrugWar.org's 501(c)(4) lobbying nonprofit, the Drug Reform Coordination Network, which also pays the cost of maintaining this website. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

New Federal Legalization Bill, Houston Narcs Indicted, Peru Coca Production Up (Maybe), More... (8/3/20)

Peru and the US are in a dispute over how much coca and cocaine is produced there, Houston narcs involved in a deadly botched drug raid get indicted, and more.

How much coca and cocaine is Peru producing?
Marijuana Policy

New Senate Bill Would Legalize Marijuana Like Tobacco. Sen. Tina Smith (D-MN) has filed the Substance Regulation and Safety Act (S.4386), which would deschedule marijuana and require the Department of Health and Human Services to develop regulations that treat marijuana like tobacco. The bill would also create a national research institute to study the risks and benefits of marijuana, require the Department of Agriculture to set quality control standards and require the Department of Transportation to study methods for detecting THC-impaired driving.

Medical Marijuana

Louisiana Law Allowing Medical Marijuana for Any Debilitating Condition Now in Effect. A new law that broadly expands access to medical marijuana has now gone into effect. The new law allows doctors to recommend medical marijuana to patients for any debilitating condition. Under the state's old law, only a limited list of specified illnesses and conditions were eligible for medical marijuana.

Law Enforcement

Houston Ex-Cops in Deadly Botched Drug Raid Indicted. A Harris County grand jury has indicted six former Houston narcotics officers after their unit came under scrutiny in the wake of a 2019 raid in which an innocent pair of homeowners were killed. Prosecutors charge that the former officers falsified documentation about drug payments to confidential informants, routinely used false information to get search warrants, and lied in police reports. A total of 17 felony charges were brought against the officers, led by Gerald Goines.

International

ONDCP Releases Data on Coca Cultivation and Production in Peru. The White House Office of National Drug Control Policy (ONDCP) released the results of the annual United States Government estimates measuring coca cultivation and potential cocaine production for the Republic of Peru: "Coca (the plant used to make cocaine) cultivation in Peru significantly increased to 72,000 hectares in 2019, with potential pure cocaine production of 705 metric tons… "Coca cultivation in Peru and across the Andean Region of South America remains a significant threat to the American people. That's why President Trump ordered a surge in counternarcotics operations to take the fight directly to the drug cartels. This surge has already resulted in preventing 183,521 pounds of cocaine from entering the United States, resulting in $2.1 billion in lost revenue for drug cartels. As part of its partnership with the United States, Peru must expand its efforts to curb coca cultivation and production. The Trump Administration remains committed to bringing those who profit from drug trafficking to justice with the singular goal of saving American lives," ONDCP Director Jim Carroll said.

Peru Rejects US Estimates on Increased Cocaine and Coca Leaf Production. The Peruvian government on Saturday rejected an ONDCP report that said coca leaf and cocaine production had dramatically increased last year. The anti-drug office, Devida, said the report contained "a series of errors" because it did not consider the amount of coca eradicated nor the traditional consumption of coca and the country's licit coca industry, which does not produce cocaine.

House to Vote on Protecting All State-Legal Marijuana Programs, Bolivia Coca Cultivation Up, More... (7/29/20)

An amendment to block the Justice Department from using its funds to go after state-legal marijuana programs is headed for a House vote, Maryland's Supreme Court rules that the smell of weed isn't enough for a police search and arrest, and more.

Maryland Supreme Court rules smell of weed not sufficient for arrest or search. (Creative Commons)
Marijuana Policy

House Will Vote on Protecting All State Marijuana Programs This Week. The House is prepared to vote this week on an amendment from Reps. Earl Blumenauer (D-OR), Tom McClintock (R-CA), Eleanor Holmes Norton (D-DC) and Barbara Lee (D-CA) that would protect both medical and recreational marijuana programs in the states, territories, and tribal lands. The amendment would bar the Justice Department from using its funds to impede the implementation of state-legal marijuana programs.

Maryland Supreme Court Rules Smell of Marijuana Alone Not Sufficient for Police Search and Arrest. The state's high court has ruled that police may not search or arrest people based on the smell of marijuana alone. "The odor of marijuana, without more, does not provide law enforcement officers with the requisite probable cause to arrest and perform a warrantless search of that person incident to the arrest," the court held in a unanimous ruling. The decision builds on an earlier ruling by the same court that police can't arrest and search someone based on observing amounts of marijuana smaller than 10 grams.

International

Bolivia Coca Cultivation Up Last Year, UNODC Says. Coca cultivation was up 10% over 2018 last year, according to the latest Coca Cultivation Monitoring Report from the UN Office on Drugs and Crime (UNODC). The Yungas region of La Paz accounted for nearly two-thirds of cultivation, while the Tropics of Cochabamba accounted for nearly all the rest. Meanwhile, the Bolivian government reported a roughly 20% decrease in eradication.

British Columbia Bill to Require Youth Overdose Victims to Be Detained Put on Hold. Canada's British Columbia has paused movement on a bill that would allow for people under age 19 to be detained after they suffer a drug overdose. The proposed changes in the provincial Mental Health Act would allow teens to be detained in a hospital for up to a week after an overdose, but the bill has been paused in the face of opposition from children and youth advocates and drug reform activists. They say it should be withdrawn completely.

Book Review: Kilo: Inside the Deadliest Cocaine Cartels -- From the Jungle to the Streets [FEATURE]

Kilo: Inside the Deadliest Cocaine Cartels -- From the Jungle to the Streets, by Toby Muse (2020, William Morrow, 303 pp., $28.99 HB)

For the last 40 years, Colombia has been one of the world's leading coca and cocaine producers, vying with Peru and Bolivia for the title each year, and recently consistently coming out on top as the world's largest producer. This despite billions of dollars spent by the Colombian government and the United States to try to eradicate the crop and suppress the trade.

It's also -- and not coincidentally -- been one of the most violent countries on the planet. A decades-long civil war between the leftist militants of the FARC and the Colombian state left hundreds of thousands dead and millions displaced. And after coca and cocaine took hold beginning in the 1980s, that civil war morphed into a vicious, multi-sided conflict featuring not only more leftist guerillas of various stripes and Colombian military and police forces aided and abetted by the US, but also various rightist paramilitary forces controlled by drug lords and conservative wealthy landowners working in collusion with security forces.

With Kilo, Bogotá-based journalist Toby Muse dives deep inside Colombia's coca and cocaine trade to provide unparalleled reporting both on the industry and on the dance of death it provokes again and again and again. He starts at the beginning: in the coca fields of a Catatumbo province, near the Venezuelan border. There, refugees from the economic implosion across the line now form the majority of raspachines, the farm hands whose job it is to strip the bushy plants of their coca-laden leaves. At the end of each harvest day, they tote large bags filled with the day's haul to the farm scale to be weighed and paid. They might get $8 a day.

In simple labs -- a wooden shack or maybe four poles and a tarp -- that dot the jungly countryside -- those humble leaves are pulverized and steeped in a chemical brew to create coca paste, one step away from the white powder, cocaine hydrochloride. A ton of leaves is transformed into a kilo and a half of paste, which the farmer can sell for about $400. That used to be good money, but the price has held steady for 20 years, there's more coca than ever, and costs have gone up.

But while the introduction of coca as a cash crop initially brought boom times, the smell of all the cash being generated inevitably attracted the attention of the armed groups, those strange hybrid revolutionary drug traffickers and rightist narco-militias. And that meant fighting and disappearances and massacres as the men with the guns fought to control the lucrative trade. Where coca comes, death follows, Muse writes.

Muse follows the kilo, now processed into cocaine, to the local market town, a Wild West sort of place where traffickers meet farmers, farmers get paid, and the local prostitutes -- again, now mostly Venezuelan -- get lots of business. He interviews all sorts of people involved in the trade or affected by it, from the $12 an hour sex workers to the drunken, just paid farmers and raspachines and the business hustlers who flock to the town to peddle flat screen TVs and the urban traffickers who come out to the sticks to pick up their cocaine.

And then it's on to Medellin, famed as the home of OG drug lord Pablo Escobar, and now a bustling, modern metropolis where cocaine still fuels the economy but where the drug barons are no longer flashy rural rubes but quiet men in suits, "the Invisibles," as they're now known. They may be lower profile, but they're still ruthless killers who hire poor, ambitious local kids, known as sicarios, to do the actual killing. Muse wins the confidence of a mid-level trafficker, a former policeman who learned the trade from the other side and now applies his knowledge to run an international cocaine network.

And he parties with the narcos at Medellin night clubs, techno music blasting, guests wasted on whiskey and cocaine and 2-CB ("pink cocaine," like cocaine with a psychedelic tinge, an elite party drug that costs $30 a gram while cocaine goes for $3). This glamorous life is what it's all about, what makes the constant fear or death or imprisonment worth it:

"The clubs feel like the center of this business of dreams. Cocaine has all the nervous energy of a casino where everyone keeps winning money, sex is everywhere, and at any moment, someone might step up and put a bullet in your head. This is the deal in cocaine and people are happy to take it."

Nobody expects to last too long in the trade, but they live the high life while they can. Muse's drug trafficker, Alex, doesn't make it to the end of the book, gunned down by somebody else's sicario. But before he is killed, that titular kilo makes its way out of the country and into the eager noses of London or Los Angeles.

Muse's descriptions of life in the cocaine business are vivid and detailed; his atmospherics evoke the tension of lives outside the law, where no one is to be trusted, and brutal death can come in an instant. A young sicario whom he interviews over a period of months, ages before our eyes, killing for his bosses, afraid of being killed in turn, and numbing himself in between hits with whiskey and cocaine. He wants out, but there looks to be no exit.

As a good journalist, Muse also interviews the drug law enforcers, the cops who bust mules at the Bogotá airport, the drug dog handlers running the aisles of massive export warehouses, the naval officers who hunt down the narco-subs. And it is only here, where the futility of their Sisyphean task is evident, that any critique of drug prohibition is articulated:

"">No one knows how widespread corruption is in the airports and ports. Police officers admit it's a huge problem, but only in private, off the record. That's the hypocrisy of the drug war. In formal interviews, officers point out how well they're doing, the positive results. And as soon as the interview is over, and the recorder stops, they sit back and tell you what's really happening. They tell you of the constant problem of corruption, how the war is unwinnable, and how the only solution is legalization. In private, to state that the war on cocaine can be won would make you look like an idiot. To admit the war is unwinnable in public is to end a career."

That's as close as Muse gets to any policy prescriptions. Still, Kilo digs as deep into the trade as anyone ever has, and he has the journalistic chops to make a bracing, informative, and very disturbing read. This may be as close to the Colombian cocaine business as you want to get.

ID MedMJ Initiative Campaign Threatens to Sue Over Signature-Gathering, Colombia to Spray Coca Crops, More... (7/14/20)

The Idaho Cannabis Coalition threatens to sue if state officials don't allow it to use electronic signature-gathering in the midst of the pandemic, a drug testing lab reports spikes in the use of four illicit drugs during the pandemic, and more.

Colombian coca grower (DEA)
Medical Marijuana

Idaho Medical Marijuana Initiative Campaign Threatens to Sue Over State's Refusal to Allow Electronic Signature-Gathering. The Idaho Cannabis Coalition, the people behind a medical marijuana initiative, is now threatening to sue state officials if they continue to block activists from collecting signatures electronically. The move comes after a federal court ruled that an unrelated initiative campaign could move ahead with electronic signature-gathering. The medical marijuana campaign sent a letter to state officials Monday saying that while it "has no interest in litigation," it will sue if the state does not respond to its request by Thursday.

Drug Use

Positive Test Rates for Four Illicit Drugs Spike During Pandemic. A report published by the specialty laboratory Millennium Health analyzed more than half a million urine drug test results and found large increases in the use of four illicit drugs during the coronavirus pandemic. The lab found a 32.0% increase for non-prescribed fentanyl over the same period last year, a 20.0% increase for methamphetamine, a 10.1% increase for cocaine, and a 12.5% increase for heroin.

International

Colombian Defense Minister Says Aerial Fumigation of Coca Crops to Start Up Again. Colombian Defense Minister Carlos Holmes Trujillo said Tuesday that the government is advancing plans to restart aerial fumigation of coca crops in accordance with guidelines set out by the country's high court. "We are advancing, we have taken all the steps demanded by the Constitutional Court and we are meeting the requirements of the authorities," he said. "Restarting the spraying program is fundamental. It is in the best interest of the country and it will allow us to continue making progress much more effectively in the fight against the world drug problem," he added, without giving an exact date to restart aerial spraying." Spraying was halted in 2015 over environmental and public health concerns linked the chemical used, glyphosate, to cancer. The Trump administration is pushing Colombia to restart as well.

Colombia After the Peace Accords: A Conversation with Vanda Felbab-Brown [FEATURE]

Four years ago, Colombia's decades-long civil war officially came to an end when the leftist rebels of the FARC signed a peace agreement with then-President Juan Manuel Santos. The accord envisioned the demobilization of the FARC as a military force and the use of alternative development to wean peasant farmers from their coca crops and end the country's reputation as a cocaine capital.

Colombian peasant harvesting the coca crop. (DEA.gov)
Four years on, it is probably unfair to call the peace deal a failure, but it hasn't exactly produced the hoped-for results. President Santos completed his term and was replaced by rightist Ivan Duque, who is much less enthusiastic about the accords and whose administration has lagged at implementing the alternative development provisions of the peace deal.

The FARC did demobilize, but last year, after at least 139 FARC members who had laid down their guns were murdered, dissident FARC leaders announced they were rejoining the path of armed struggle, taking several thousand fighters with them. In taking up arms once again, the FARC dissidents rejoined a vicious, multi-sided fight for control of the cocaine trade that never went away. That fight includes gangs from across the border in Venezuela, rightist paramilitary bandas, two different factions of the leftist National Liberation Army (ELN), the Colombian military, and at least two major Mexican drug cartels, Sinaloa and Jalisco New Generation.

Efforts under Duque to cut coca and cocaine production have not worked. With Duque's government only grudgingly supporting crop substitution and rural development programs that are broadly considered more effective, instead promoting forced eradication, Colombian cocaine production hit a record high last year.

Meanwhile, the Trump administration now views Colombia less as a principal ally in the region and more as a chess piece to be used against the Venezuelan regime of Nicholas Maduro. When it comes to the issue of coca and cocaine, the administration has taken a hard line that harkens back to the days of Plan Colombia. This year, Trump has demanded that Columbia resume spraying of coca crops, proposed an assistance package that slashes economic development aid while nearly doubling anti-drug funding, and deployed a US army brigade to Colombia on a drug-fighting mission.

This week, Drug War Chronicle got on the phone with Vanda Felbab-Brown, a senior fellow in the Center for 21st Century Security and Intelligence in the Foreign Policy program at the Brookings Institution. She is the co-director of the Brookings series on opioids: "The Opioid Crisis in America: Domestic and International Dimensions." Previously, she was the co-director of the Brookings project, "Improving Global Drug Policy: Comparative Perspectives Beyond UNGASS 2016," as well as of another Brookings project, "Reconstituting Local Orders." Felbab-Brown is an expert on international and internal conflicts and nontraditional security threats, including insurgency, organized crime, urban violence, and illicit economies. Her fieldwork and research have covered, among others, Afghanistan, South Asia, Burma, Indonesia, the Andean region, Mexico, Morocco, Somalia, and eastern Africa. She is a senior advisor to the congressionally mandated Afghanistan Peace Process Study Group.

Here's what she had to say:

On the disappointing results of the 2016 accord:

"The peace deal was significant, but produced incomplete results," said Felbab-Brown. "One reason is that non-state actors persisted. The other reason is that the Duque government doesn't like that deal, so it has a policy of death by a thousand cuts, doing the minimum necessary to appear to comply with the law produced by the peace deal while really doing very little."

"The deal was extremely optimistic both in process and in implementation," she argued, pointing to the example of Thailand, where some 30,000 acres of opium poppies were being grown in the 1960s and even with a highly sustained commitment from the Thai monarchy, it took 30 years to end the practice.

"That's only one-tenth of the issue Colombia struggles with," she noted. "The idea that peace would eliminate coca production was unrealistic, but it was necessary to sell the peace plan to the public. People thought that if there was coca, the fighting would persist. And the need to sell it to the United Nations meant people had to emphasize it as part of alternative development."

"Development was the right policy stress, but it was unhampered by a realistic assessment of how long it would take, how much coca would persist untampered by a realistic assessment of how long it would take and how much coca would persist. A fundamental difficulty for Colombia, among others, is that the resources of the state to do rural development and create alternative livelihoods are quite limited."

"The notion that everyone would be asked to get rid of their coca to go through the compensation process created the mess we are seeing now," she said. "Even if it was not possible to bring in enough resources to accomplish this at the national level, it was worsened by Duque's dislike of the policy and his slowing down of rural development efforts. But it still wasn't going to happen in three years of payments and then no more coca. They've tried that about 20 times before, and it always crashed. There's no reason to believe this would be any different."

On the Trump administration's Colombia policy:

Brookings scholar Vanda Felbab-Brown (Brookings.edu)
"The Trump administration has been back to the 1980s with a rigid, doctrinaire view centered on supply-side policies," she observed. "That said, it has come up with some surprising mutations that you wouldn't expect from a regular Republican administration, as when in 2017 it threatened to decertify Colombia as not living up to US-imposed drug fighting objectives. Republicans were consternated, and so were the Colombians, who expected that Trump would be close to Duque. Trump likes rightist governments and a heavy military emphasis. The administration has been weak dealing with the opioid crisis at home and focused on heavy eradication in Colombia. And Trump has really degraded Colombia. Previous administrations saw it as a principle ally and partner in South America, but Trump views Colombia principally as a platform against Venezuela."

"Trump has two objectives in Colombia: Venezuela and drugs," Felbab-Brown said. "On the drug side, he wants aerial spraying with US contractors. It depends on the day or the month whether drugs or Venezuela is first on the agenda, but Venezuela tends to dominate."

Whether the Trump administration can bend the Colombian government to a deeper role in its anti-Maduro machinations remains to be seen, but that may be a dead end now, anyway, Felbab-Brown said.

"Coca kind of competes with Trump's focus on Colombia as a source of policies against Venezuela, and while Duque is more forward leading in that regard than former president Santos, he realizes he can't risk war or meltdown in Venezuela," she said. "So they've been trying to satisfy Trump without causing a real blowup without any real strategy. After that Guaido stunt with the food aid, both the US and Colombia have been left without any kind of way forward."

On best policies moving forward:

If she were advising the Colombian and US governments, Felbab-Brown said, she would emphasize consolidating the zonas de futuro, where the Duque government is trying to introduce a government presence in five abandoned regions where armed groups and drug trafficking flourish, making up less than three percent of the national territory, instead of worrying about coca eradication.

The "future zones" are Colombia's bid to exert sovereign control over ungoverned parts of its territory. (fupad.org)
"A key line of effort would be to think through how the zonas could be made viable, how best to maximize the policy engagement in the zonas and how to expand them. A key problem with earlier versions of this strategy is that if you succeed, you end up with patches of government presence unconnected to anything else. They need to be made contiguous and connected," she argued.

"I would not care about eradication that much," Felbab-Brown said. "Although it would be unrealistic for a US administration to say that, it could strongly suggest it is not our metric. While Congress can put on pressure for more eradication, I would try to think about where it doesn't cause too much harm to the objective of stabilization. Much of the thinking in both governments is that eradication enhances stability, but it actually hampers it," she said.

"Instead, think about progress in reducing violence in strategic areas. How can we minimize the presence of the bandas, the Venezuelan groups, the Sinaloa and Jalisco New Generation cartels, both of whom are active in Colombia? How can we neuter them or push them out? This is what I would be thinking."

"At a broader strategic level, I would try to persuade Duque to make a much greater effort in rural development and equity, all that. We'll never make Duque into Santos, but perhaps a better version of himself.

On legalization as a solution:

Felbab-Brown was leery of legalization as a solution.

"It's a fantasy in terms of feasibility," she said. "Who is going to legalize cocaine? Not even Switzerland or the Netherlands would go there. And I'm not persuaded it would address the reasons why Colombia is so violent. If you legalized the coca crop, what is the guarantee that these same actors wouldn't be able to get their hands on the coca fields?" she asked.

"There is also a big fallacy in believing that violent actors have control because the commodities are illegal," she argued. "If anything, the conflict isn't just about coca, but timber, gold, and rare minerals -- all legal commodities. These non-state actors are deeply involved in those economies, the dissident groups are interested in the diversification of their portfolios. In Choco, for instance, where there is some of the most intense fighting, some of it is about coca, but more of it is about control of timber and the port. The FARC dissidents, the bandas, the ELN, Sinaloa and Jalisco, they're all there."

"The issue is not fundamentally about whether the commodity is legal or not. Look at the fighting over avocados in Mexico. You can argue for legalizing marijuana or poppies, but legality or illegality is not the crux of the issue. If Mexico wants to legalize poppies, it needs to fix its collapsed law enforcement first."

[Ed: Our organization's view is that global drug prohibition drives up the value and prices for coca and its derivatives, generating tremendous profits for criminal organizations, which get reinvested in other areas of crime and which contribute to their ability to influence political systems. If it would be impossible to secure licit coca grows in Colombia from being taken over by bad actors, another option would be to establish competing operations in other countries with stronger legal systems, providing coca and its derivatives for less than the crime organizations do. We do recognize that transitions between systems have the potential to go wrong, and we don't expect legalization to solve every problem that's become intertwined with prohbition.]

NV Mass Marijuana Pardons, Colombia Cocaine Surge, NJ Pot Decrim Bill Advances, More... (6/18/20)

Fifteen thousand Nevada pot offenders just got automatic pardons, the UN says Colombian potential cocaine production was up last year, Kansas City moves toward pot decriminalization, and more.

Potential Colombian cocaine production was up slightly last year, the UNODC reports. (Pixabay)
Marijuana Policy

Nevada Pardons 15,000 People with Marijuana Convictions. Under a resolution from Gov. Steve Sisolak (D), the Board of Pardons Commissioners on Wednesday unanimously approved automatic pardons for 15,000 people who had been arrested on marijuana possession charges between January 1986 and January 2017. "Today is an historic day for those who were convicted of what has long been considered a trivial crime, and is now legal under Nevada law," the governor said in a press release. "Since the passage of [adult-use legalization] in 2016 and the decriminalization of possession for small amounts of marijuana, many Nevadans  have had these minor offenses remain on their records, in some cases as a felony. This resolution aims to correct that and fully restore any rights lost as a result of these convictions."

New Jersey Assembly Passes Marijuana Decriminalization Legislation. The Assembly on Thursday easily approved a marijuana decriminalization bill, A1897, by a 63-10 vote. The measure decriminalizes the possession and distribution of up to two ounces of marijuana by adults — making these activities punishable by a $50 fine. Those found to be in violation of the law will no longer be arrested or saddled with a criminal record. A broader decriminalization bill that includes more social justice provisions, S2535, is pending in the Senate. Full marijuana legalization is already on the ballot for November.

Kansas City, Missouri, Mayor Rolls Out Decriminalization Ordinance. Mayor Quinton Lucas (D) and at least four city council members introduced a marijuana decriminalization ordinance Thursday. The proposed ordinance would remove the offense of marijuana possession from the city code. "One of the ways we improve police-community relations is by eliminating laws that for too long have led to negative interactions, arrests, convictions, and disproportionate rates of incarceration of Black men and Black women," said Lucas. "Reducing petty offenses – such as municipal marijuana offenses – reduce these negative interactions each day."

International

UNODC Says Colombia's Potential Cocaine Output Increased Slightly Last Year. The UN Office on Drugs and Crime (UNODC) reported Wednesday that potential production of pure cocaine increased 1.5% last year to 1,137 metric tons. The increase in production potential came even as the area under coca cultivation decreased slightly. The increase in productivity is because coca growing is now concentrated in specific areas. The report comes as the Colombian government faces mounting pressure from the US to reduce cocaine exports.

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