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White House Issues Annual Drug Countries List, CA Governor Signs Forced Treatment Bill, More... (9/16/22)

A federal appeals court shoots down yet another effort to move marijuana off Schedule I, new research finds prentant Black women are more likely to be tested for marijuana, and more.

The annual list of naughty and nice drug producing and trafficking nations is released. (Creative Commons)
Marijuana Policy

Federal Appeals Court Rejects Challenge to Marijuana's Schedule I Classification. A group of defendants who had been convicted on federal marijuana charges had their bid to have the substance removed from Schedule I of the Controlled Substances Act shot down by the US 2nd Circuit Court of Appeals at the end of August. They had argued that the scheduling of marijuana had no rational basis because it does not meet the criteria for a Schedule I drug and the court should "strike the offending statutory classification as unconstitutional"and leave reclassification to Congress. But the appeals disagreed, ruling that there is a "conceivable basis" for the classification.

Blacks Disproportionately Drug Tested for Marijuana During Labor, Analysis Finds. A study published in the journal Obstetrics & Gynecology found that patients ordered to undergo marijuana-specific drug screening during the labor and delivery process are disproportionately Black and are also likely to be on subsidized health insurance plans. The research assessed drug screening practices at one St. Louis hospital and found doctors ordered marijuana-related drug tests in 753 patients out of just under 4,000 deliveries. Seventy percent of those subjected to testing were Black. Marijuana tests were also more likely for those patients who were younger or on public insurance. Most subjected to testing came up negative, but of those who did positive, 90 percent were referred to child welfare authorities, even though there were no statistically significant differences between them and other mothers in terms of preterm birth rates or other indicators of natal health.

"Isolated marijuana use was a poor predictor of other substance exposure in our cohort, but a urine drug screening test result positive for marijuana exposed a historically underserved population that is already subject to pervasive systemic racism in the medical field to further stigmatization without changing outcomes. The utility of using isolated marijuana use as a criterion for urine drug screening appears limited in benefit but rife with inequitable potential to harm and should be carefully reconsidered in labor and delivery units for necessity," the authors concluded.

Drug Treatment

California Governor Signs Forced Drug Treatment Bill. To the dismay of drug reform and mental health advocates, Gov. Gavin Newsom (D) has signed into law Senate Bill 1338, the Community Assistance, Recovery, and Empowerment (CARE) Court Act, which create a civil court system in all counties that would force people who are experiencing substance use disorder and other mental health issues to undergo an involuntary court process and treatment plan. Although the CARE Act sailed through the legislature, the proposal was opposed by a wide range of advocates who feel it is a huge step in the wrong direction. It will take away people’s basic right to make their own decisions and force them into court-mandated treatment programs, which have been shown to often exacerbate harms while worsening existing health disparities and the overrepresentation of people of color in the criminal legal system. The CARE Act will fail to meet the urgent needs of our communities or offer a path to effective evidence-based treatment, recovery and other health services for Californians who are unhoused, struggling with substance use disorder, or experiencing other mental health issues, they argued.

Foreign Policy

White House Issues Annual List of Major Drug Trafficking and Producing Countries; Contains the Usual Suspects. The White House has released its annual Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2023 and has identified the following countries as major transit or drug producing countries: Afghanistan, The Bahamas, Belize, Bolivia, Burma, Colombia, Costa Rica, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Laos, Mexico, Nicaragua, Pakistan, Panama, Peru, and Venezuela. The annual exercise also designated four countries—Afghanistan, Bolivia, Burma, and Venezuela—as "having failed demonstrably to make substantial efforts during the previous 12 months to both adhere to their obligations under international counternarcotics agreements." Notably, all four of these countries are political foes of the US, unlike major drug producing and trafficking countries such as Colombia and Mexico, which are US allies.

Grassley, Whitehouse Lead Senate Caucus in Issuing Report onStrategies to Combat Money Laundering By Drug Cartels. Sen. Chuck Grassley (R-IA), Co-Chairman of the Senate Caucus on International Narcotics Control, and Sen. Sheldon Whitehouse (D-RR), Chairman of the caucus, havereleased a bipartisan report entitled: Strengthening U.S. Efforts to Attack the Financial Networks of Cartels. The report offers recommendations for Congress and the Biden administration to reduce the supply of illicit drugs by closing loopholes in the U.S. anti-money laundering (AML) framework that enable narcotics traffickers to obscure and access their illicit proceeds.Senate Caucus on International Narcotics Control members Richard Blumenthal (D-CT), Maggie Hassan (D-NH), Ben Ray Luján (D-NM), and James Risch (R-ID) have also endorsed the report.

Its recommendations include: Help partner nations strengthen their institutions to better defend against corruption and implement justice sector reforms; better track whole-of-government efforts to combat narcotics-related illicit finance;  deploy experts in narcotics-related illicit finance to assist partner nations; authorize innovative and effective programs to combat international money laundering, such as Trade Transparency Units; use regulatory authorities to close loopholes in the U.S. AML framework, including by: ensuring greater transparency in the cross-border transportation of stored value or prepaid access devices, and fully implementing the beneficial ownership requirements of the Corporate Transparency Act; aggressively investigate, prosecute, and pursue the maximum allowable criminal penalties for culpable banks, employees, and executives who fail to timely report suspicious transactions; and address vulnerabilities in the AML framework by swiftly enacting the Combating Money Laundering, Terrorist Finance, and Counterfeiting Act. The report does not explain how these proposals to deepen the drug war would lead to any different result than decades of previous prohibitionist measures. 

San Francisco DA's Misdemeanor Drug Crackdown, Philippine Rejects ICC Investigation into Drug War Killings, More... (9/9/22)

Seattle makes a move on marijuana equity, Bolivian coca growers get rowdy, and more. 

San Francisco DA Brooke Jenkins is moving to crack down on open air drug use and selling in the Tenderloin. (Creative Commons)
Marijuana Policy

Seattle City Council Approves Marijuana Equity Legislation. The city council has approved a package of marijuana equity legislation, including a measure that anticipates the city issuing new "social equity licenses" for city marijuana businesses. The package is the result of months of work by the Social Equity in Cannabis Task Force to address the lack of diversity in the industry in the city. Mayor Bruce Harrell (D) called the package "historic," but also noted that "this is a first—but necessary—step toward equity long overdue in the cannabis industry." The program should put the city in line with forthcoming state rules that will require at least 51 percent ownership by individuals "who have resided in a disproportionately impacted area" where there have been factors like a high poverty rate or a "high rate of cannabis-related arrest, conviction or incarceration” to qualify for the special licenses.

Drug Policy

San Francisco DA Announces New Misdemeanor Drug Policy. New District Attorney Brooke Jenkins has announced a new misdemeanor drug policy that will require mandatory drug treatment for people who have five misdemeanor drug possession citations. The move of part of Jenkins' efforts to move against open-air drug use and drug selling, especially in the city's Tenderloin district. "What we are doing is SFPD has begun citing individuals that are engaged in public drug use," Jenkins said. "Both injecting and smoking, pipes, fentanyl, methamphetamines. When a person reaches five citations for that public drug use that is when we file a complaint that we forward to our community justice centers, so that we can connect that person with resources for treatment."

The ACLU of Northern California has some concerns: "One is that it seems to be a backtracking of the statement the DA made a few weeks back saying that she would not prosecute possession or paraphernalia cases. This is saying, you do this five times we’re going to arrest you. Then we’re going to put you through the criminal legal system, which we know and have seen in the past, it is not the best place to put people into recovery," said Yoel Haile, Criminal Justice Program Director for the group.

International

Bolivia's Coca Grower Conflict Continues as Yungas Growers Burn "Parallel" Market in La Paz. The conflict between pro- and anti-government coca grower union factions escalated Thursday as thousands of farmers from the Yungas region broke through police lines, marched into La Paz, and burned down a "parallel" coca market. The protestors attacked with dynamite, firecrackers, and Molotov cocktails. The country has only two officially sanctioned legal coca markets, in La Paz and Cochabamba, but a pro-government faction of a coca grower union opened the "parallel" market in La Paz last October. The coca growers that burned down the market say the government should have shut it down. "The government and its ministers are responsible for this," coca leader Esar Apaza said, adding that the Yungas coca growers would not go home until the government resolves the conflict.

Philippine Government Rejects ICC Request to Resume Investigation of Duterte's Drug War Crimes. The government of Ferdinand Marco Jr. on Thursday rejected a request from the chief prosecutor of the International Criminal Court to resume an investigation into thousands of drug war killings that took place under his predecessor, Rodrigo Duterte. The ICC authorized a full investigation into Duterte's drug war last September but suspended the investigation after the Philippines said it would conduct its own review. In August, the ICC asked Manila to respond to its request to reopen the investigation, and now it has a response from the Philippines Office of the Solicitor General, which says that the international court "has no jurisdiction" over the Philippines. "The alleged murder incidents that happened during the relevant period do not constitute "crimes against humanity,'" the agency said in a statement. Philippine authorities have admitted killing roughly 8,000 people as part of Duterte's drug war, but human rights groups put the actual toll at three or four times that. Only three people have been convicted of killings in the drug war, and the government has conceded that in another 52 deaths, police may have used excessive force. 

PA Pot Pardon Program Unveiled, New York City Rally for Safe Injection Sites Statewide, More... (9/2/22)

New York City's child welfare agency is still holding marijuana use against parents--especially black ones--San Francisco's new DA is approaching misdemeanor drug prosecutions much like the old one she accused of being "soft on crime," and more. 

San Francisco's Tenderloin is a drug hot spot. (Creative Commons)
Marijuana Policy

New York City Child Welfare Agency Still Citing Marijuana in Family Separations Despite Legalization and Policy Changes. Marijuana legalization went into effect in New York in March 2021, but court records and interviews with people involved show that the city's child welfare agency continues to use marijuana use by parents to take their children from them. Many interviewees were parents who said "it has felt impossible to extricate themselves from deeply rooted biases in the child welfare system surrounding marijuana use, specifically toward people of color." City child welfare authorities cite parental marijuana use to justify initial separations and prolong family separations by demanding drug testing or participation in drug treatment programs. All of the parents interviewed were black and all of them said marijuana was used against them because of their race. Child welfare said official policy is not to remove children solely on the basis of parental marijuana use, but families and attorneys say the agency does not follow the policy, pointing to petitions in which the only evidence of neglect cited was parental marijuana use.

Pennsylvania Announces Month-Long Pardon Project for People with Small-Time Marijuana Convictions. Gov. Tom Wolf and Lt. Gov. John Fetterman, the Democratic nominee for US Senate in the state, who is running on a platform of marijuana legalization, announced a one-time, large-scale project to pardon people with past minor and non-violent marijuana convictions. The state Board of Pardons will accept applications for the PA Marijuana Pardon Project from Thursday, Sept. 1, through Friday, Sept. 30.  People who were convicted of simple marijuana possession or possession of marijuana for personal use are eligible for the pardons if they have no other criminal convictions. Those who do have additional convictions are invited to apply for clemency. The state estimates that "thousands" of people will qualify for the program.

Harm Reduction

New York City Harm Reductionists Take to Streets on International Overdose Awareness Day to Demand Safe Injection Sites Statewide. At least nine people were arrested outside Gov. Kathy Hochul's Manhattan office Wednesday as hundreds of people rallied to advocate for an expansion of safe injection sites statewide as they marked International Overdose Awareness Day. Two safe injection sites operate in New York City, but none in the rest of the state. Protestors changed "no more drug war" and blocked traffic, leading to the nine arrests. "It’s exhausting to keep experiencing loss after loss after loss, and to keep fighting without a proper response to this epidemic from politicians, said Alicia Singham Goodwin, drug policy campaign coordinator at VOCAL-NY, which helped organize the action. There were also actions to mark the day in Boston, New Hampshire, and California, where a coalition of more than 50 harm reduction groups rallied across the state and criticized Gov. Gain Newsom (D), who just a week ago vetoed a safe injection site pilot project bill. "Governor Newsom not only used his pen to cosign our participants to death, he did so while blaming his choice on our harm reduction infrastructure," said Soma Snakeoil, executive director of Sidewalk Project.

Law Enforcement

San Francisco's New DA Prosecuting Few Misdemeanor Drug Cases. After city voters ousted former DA Chesa Boudin for being "soft on crime," they expected a crackdown from his successor, Brooke Jenkins. But while police have brought three times as many drug cases to her office than in Boudin's time, about two-thirds of them are not being prosecuted. When it comes to misdemeanor offenses such as simple drug or paraphernalia possession, 99 percent of those cases are being dismissed, sent to another law enforcement agency, or recommended for probation or parole revocation. Jenkins spearheaded the recall effort against Boudin, but she looks to be just as "soft on crime" as Boudin was.

(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 Foundationtakes 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.)

Chronicle Book Review: Opium's Orphans

Chronicle Book Review: Opium's Orphans: The 200-Year History of the War on Drugs by P.E. Caquet (2022, Reaktion Books, 400 pp., $35.00 HB)

The history of drug prohibition is increasingly well-trodden territory, but with Opium's Orphans, British historian P.E. Caquet brings a fascinating new perspective embedded in a sweeping narrative and fortified with an erudite grasp of the broad global historical context. Although Asian bans on opium pre-dated 19th Century China (the Thai monarchy announced a ban in the 1400s), for Caquet, the critical moment in what became a linear trajectory toward global drug prohibition a century later came when the Qing emperor banned opium in 1813 and imposed severe penalties on anything to do with it, including possessing it. Precisely 100 years later, after two Opium Wars imposed opium on the empire followed by decades of diplomatic wrangling over how to suppress the trade (and for moralizing Americans, how to win favor with China), the 1913 Hague Opium Convention ushered in the modern war on drugs with its targeting not just of opium (and coca) producers or sellers but also of mere users for criminal prosecution. It urged countries to enact such laws, and they did.

What began at the Hague would eventually grow into an international anti-drug bureaucracy, first in the League of Nations and then in United Nations bodies such as the Commission on Narcotic Drugs and the International Narcotics Control Board. But it is a global prohibition regime that has, Caquet writes, straight-jacketed itself with an opium-based perspective that has proven unable or unwilling to recognize the differences among the substances over which it seeks dominion, reflexively resorting to opium and its addiction model. Drugs such as amphetamines, psychedelics, and marijuana don't really fit that model -- they are the orphans of the book's title -- and in a different world would be differently regulated.

But Opium's Orphans isn't just dry diplomatic history. Caquet delves deep into the social, cultural, and political forces driving drug use and drug policies. His description of the spread of opium smoking among Chinese elites before it spread into the masses and became declasse is both finely detailed and strangely evocative of the trajectory of cocaine use in the United States in the 1970s, when it was the stuff of rock musicians and Hollywood stars before going middle class and then spreading among the urban poor in the form of crack.

Along the way, we encounter opium merchants and colonial opium monopolies, crusading missionary moralists, and early Western proponents of recreational drug use, such as Confessions of an English Opium Eater author Thomas De Quincey and the French habitues of mid-19th Century hashish clubs. More contemporaneously, we also meet the men who achieved international notoriety in the trade in prohibited drugs, "drug lords" such as Khun Sa in the Golden Triangle, Pablo Escobar in Colombia and El Chapo Guzman in Mexico, as well as the people whose job it is to hunt them down. Caquet notes that no matter how often a drug lord is removed -- jailed or killed, in most cases -- the impact on the trade is negligible.

For Caquet, drug prohibition as a global phenomenon peaked with the adoption of the 1961 Single Convention on Narcotic Drugs. Coming as it did amidst a post-World War II decline in drug use around the world, the treaty criminalizing coca, cocaine, opium and opioids, and marijuana seemed to ratify a successful global prohibitionist effort. (In the US, in the 1950s, when domestic drug use was at low ebb, Congress passed tough new drug laws.) But before the decade was over, drug prohibition was under flamboyant challenge from the likes of LSD guru Timothy Leary and a horde of hippie pot smokers. The prohibitionist consensus was seeing its first cracks.

And the prohibitionist response was to crack down even harder, which in turn begat its own backlash. Drug use of all sorts began rising around the world in the 1960s and hasn't let up yet, and the increasingly omnivorous drug war machine grew right along with it, as did the wealth and power of the illicit groups that provided the drugs the world demanded. As the negative impacts of the global drug war -- from the current opioid overdose crisis in the US to the prisons filled with drug offenders to the bloody killing fields of Colombia and Mexico -- grew ever more undeniable, the critiques grew ever sharper.

In recent years, the UN anti-drug bureaucrats have been forced to grudgingly accept the notion of harm reduction, although they protest bitterly over such interventions as safe injection sites. For them, harm reduction is less of an erosion of the drug war consensus than all that talk of drug legalization. As Caquet notes, perhaps a tad unfairly, harm reduction doesn't seek to confront drug prohibition head-on, but to mitigate its harms.

The man is a historian, not a policymaker, and his response to questions about what to do now is "I wouldn't start from here." Still, at the end of it all, he has a trio of observations: First, supply reduction ("suppression" is his word) does not work. Sure, you can successfully wipe out poppies in Thailand or Turkey, but they just pop up somewhere else, like the Golden Triangle or Afghanistan. That's the infamous balloon effect. Second, "criminalization of the drug user has been a huge historical blunder." It has no impact on drug use levels, is cruel and inhumane, and it didn't have to be that way. A century ago, countries could have agreed to regulate the drug trade; instead, they tried to eradicate it in an ever-escalating, never-ending crusade. Third, illicit drugs as a group should be seen "as a historical category, not a scientific one." Different substances demand different approaches.

Opium's Orphans is a fascinating, provocative, and nuanced account of the mess we've gotten ourselves into. Now, we continue the work of trying to get out of that mess.

Big Increase in Injection Drug Use, House Passes Another Spending Bill with SAFE Banking, More... (7/18/22)

British Tories audition a new scheme for punishing drug users that effectively decriminalizes somebody's first two drug busts, a new study finds racial disparities in Pennsylvania marijuana arrests are increasing, and more.

The number of Americans injecting drugs increased five-fold in the past decade. (Creative Commons)
Marijuana Policy

House Passes Defense Spending Bill with Marijuana Amendments. The House last Thursday approved the National Defense Authorization Act, which includes nine amendments pertaining to marijuana and other drug policies. Included in the House version of the bill is language from the Secure and Fair Enforcement (SAFE) Banking Act, language allowing Department of Veterans Affairs doctors to allow medical marijuana recommendations, and two psychedelic research amendments. The SAFE language, which the legal marijuana industry is clamoring for, has been passed in the House as part of several earlier omnibus spending bills, only to be killed in the Senate by Majority Leader Charles Schumer (D-NY) and his allies, who have been holding out for passage of a full-blown marijuana legalization bill. We shall see if it turns out any differently this time.

Black Pennsylvanians See More Racial Bias in Marijuana Arrests. A new study from the National Organization for the Reform of Marijuana Laws (NORML) finds that racial disparities in marijuana arrests jumped upward in 2020, even though overall pot arrests declined. Black Pennsylvanians were five times more likely to be arrested for marijuana statewide. The largest disparity was in Cumberland County, where Blacks were 18 times more likely to be arrested for pot than Whites. "I will say that the numbers moving in the wrong direction is certainly a concern," said Executive Director of the Pennsylvania Cannabis Coalition Meredith Buettner. "This is all the more reason that we really need to dig into adult use policy here in Pennsylvania, Pennsylvanians." The Republican-controlled state legislature has so far blocked any moves toward legalization.

Drug Policy

CDC Finds Huge Increase in Number of People Injecting Drugs. A new study from the Coalition for Applied Modeling for Prevention (CAMP) and funded by the Centers for Disease Control and Prevention (CDC) shows a rapid increase in the number of people shooting up drugs in the past decade. The most recent data, from 2018, put the number of injection drug users at about 4 million, five times the number in 2011, the last previous estimate. The study also found that overdoses -- both fatal and non-fatal -- had also increased dramatically, with deaths related to injection drug use rising threefold during that period, which was before the current spike in overdose deaths, now around 100,000 a year. For every fatal injection drug overdose, there were 40 non-fatal ones, the study found. The CDC estimates that a third of people who inject drugs share syringes, needles or other drug injection equipment.

International

British Tories Plan to Punish Drug Users, Could Seize Their Drivers' Licenses, Passports. The Home Office has announced a scheme to punish drug users in a bid to "tackle the scourge of drug abuse in society." Under the "three-strikes" proposal, first-time illicit drug offenders, including marijuana offenders, would have to pay for and attend a drug awareness course. A second offense would merit a formal warning, another drug awareness course, and up to three months of mandatory random drug testing. For a third offense, people would be criminally charged and, upon conviction, could be banned from nightclubs and other entertainment venues and could have their drivers' licenses and passports confiscated. But, hey, that is effectively decriminalization for the first two offenses. The proposal will now undergo a three-month consultation period before being amended or implemented as is.

New Poll Could Bolster Vermont Drug Decrim Push [FEATURE]

A recent poll could help breathe new life into a Vermont campaign to decriminalize the possession of small amounts of drugs that died in the House earlier this year. The poll, from Data for Progress and the Drug Policy Alliance (DPA) found a whopping 84 percent of Vermont voters support removing criminal penalties for small-time drug possession.

The legislature didn't get a decrim bill done this year, but a new poll bodes well for the future. (Creative Commons)
Support for decriminalization included a majority of voters across all major demographic groups and party affiliations. The poll also found that 81 percent of voters support reframing the state's approach to drug use as a health issue with a focus on reducing the harms of addiction and offering health and recovery services.

"With Vermont having one of the highest increases in overdoses in the country last year, it's clear that the existing approach of criminalizing people who use drugs isn't working to keep people safe. In fact, it has only made things worse," said DPA senior staff attorney Grey Gardner. "This survey makes it abundantly clear that Vermont voters want a different approach - one focused on health rather than arrest and punishment."

Overdoses are not the only issue plaguing the state's enforcement of drug prohibition. Last November, the Council of State Governments (CSG) issued a report on Vermont prosecutions and court outcomes that found pronounced racial disparities in charging and sentencing decisions. That report found that Black people are over 14 times more likely to be charged with drug felonies that White people. The report also found that Black people are six times more likely to be sent to prison for certain felony offenses -- including drug offenses -- while White defendants more often receive alternatives to imprisonment.

That CSG report was buttressed by years of statewide police data that consistently shows Black motorists being stopped, searched, and cited at higher rates even though they are less likely to be found with contraband than Whites.

"For anyone committed to advancing racial justice in their communities, these findings are critically important and should be acted on immediately," ACLU of Vermont (ACLU-VT) Advocacy Director Falko Schilling said at the time. "They show that extreme racial disparities in Vermont state prosecutions and sentencing decisions are real, and can't be attributed to racist tropes about 'out-of-state drug dealers' when they are, in fact, the result of systemic racism in state prosecutors' offices and courthouses. These findings also help to explain why, year after year, Vermont's prisons have some of the worst racial disparities in the country.

That report helped spur both the creation of broad coalition to push for drug decriminalization, @DecriminalizeVermont, which consists of the ACLU-VT, Better Life Partners, End Homelessness Vermont, Ishtar Collective, Law Enforcement Action Partnership (LEAP), Next Generation Justice, Pride Center of Vermont, Recovery Vermont, Rights and Democracy (RAD), Vermont Cares, Vermont Legal Aid, Vermont Network Against Domestic and Sexual Violence, Vermonters for Criminal Justice Reform, Vermont Interfaith Action, and the Women's Justice and Freedom Initiative.

"Reforming our criminal justice system requires a fundamental shift away from criminalizing behaviors that need not involve police, prosecutors, and incarceration," said the ACLU-VT. "While Vermont has decriminalized possession of marijuana, there is still progress to be made in finally treating substance use disorder as the public health issue that it is. Vermont needs to decriminalize other drug offenses and better account for substance abuse disorder in related offenses, such as trespassing, sex work, and writing bad checks."

The CSG report also prompted a push in the state legislature to get a decriminalization bill passed. That bill, H.644, was cosponsored by nearly one-third of the House, with 42 Democrats, Progressives, and Independents signing on. It was designed to set up a board of drug policy experts to determine threshold levels for personal use amounts, which would then be decriminalized, and to establish a drug treatment referral system to help people access treatment services.

"The whole question of arresting and prosecuting drug possession -- we're not seeing a lot of value. In fact, we're seeing a lot of harm historically," said bill cosponsor Rep. Selene Colburn (P-Burlington).

The bill was introduced on January 14 and got a series of House Judiciary Committee hearings in the next month at which several coalition members testified.

If passed, H.644 would eliminate criminal penalties for drug possession for personal use; establish a treatment referral system by which Vermonters who need help with substance use disorders can access treatment services; set up a board of drug policy experts to determine appropriate personal use threshold levels for each drug; and create a financial incentive for people with substance use disorder to participate in a health needs screening.

"Our current drug laws are overly punitive and deeply harmful. Decriminalize Vermont is working to support a new approach that prioritizes public health and social justice," said Tom Dalton, Executive Director of Vermonters for Criminal Justice Reform. "We are thrilled to see such a positive response to this bill so far this legislative session."

But that is as far as it went. After the hearings, House Judiciary Committee Chair Rep. Maxine Grad (D-Washington) never put the bill up for a committee vote. It died when the legislature adjourned in May.

But now, given that new polling data, there is more evidence than ever that Vermonters are ready for a change.

"What's clear from this poll is that Vermont voters want to prioritize preventing overdose and ending the harms of criminalization, and they want their elected officials to take leadership on this," said DPA's Gardner.

The push for decriminalization may have been thwarted this year, but it isn't going to go away. Look for another attempt next year, and those poll numbers can only help.

Marijuana is Now Legal in Rhode Island [FEATURE]

With Gov. Dan McKee's (D) signature Wednesday, Rhode Island became the 19th state in the US to legalize marijuana. The measure he signed into law, Senate Bill 2430, had won final floor votes in both chambers of the legislature on Tuesday. It was the product of months of negotiations among legislative leaders and the governor and within the legislature itself.

The new law allows adults to possess and purchase up to an ounce of marijuana and grow up to three plants at home and that part of the law goes into effect immediately. It also includes a provision for the automatic expungement of past civil or criminal marijuana possession convictions by July 2024 (and those who want it sooner can request it). Additionally, it creates a system of taxed and regulated marijuana commerce, with a 10 percent tax on retail sales and another 10 percent in state and local sales taxes. Retail sales could happen as soon as December 1.

And it has significant social equity provisions. It reserves one quarter of all new retail marijuana licenses for applicants that qualify as social equity businesses and it creates a social equity assistance fund providing grants, job training programs, and other social services for communities most negatively impacted by pot prohibition. In an additional twist, the new law also reserves a quarter of new licenses to worker-owned cooperatives.

"This bill successfully incorporates our priorities of making sure cannabis legalization is equitable, controlled, and safe," Governor McKee said in a statement announcing the signing. "In addition, it creates a process for the automatic expungement of past cannabis convictions. My administration's original legalization plan also included such a provision, and I am thrilled that the Assembly recognized the importance of this particular issue. The end result is a win for our state both socially and economically."

"The reality is that prohibition does not stop cannabis use," said bill sponsor Sen. Joshua Miller (D-Dist. 28, Cranston, Providence), chairman of the Senate Health and Human Services Committee. "Since Rhode Islanders can already access cannabis just across the state border or on the illicit market, we experience all the challenges without any of the safeguards or resources that our neighboring states have. With this bill, we are ending prohibition in a way that is safe, keeps revenue in Rhode Island, and is as fair and equitable as we can possibly make it."

"Social equity has been a top concern for us throughout this whole process. Senator Miller and I represent some of the communities that have suffered disproportionate harm from prohibition for decades, resulting in generational poverty and mass incarceration. The starting line isn't the same for people in poor, urban and minority communities, and they deserve support to ensure they get the full benefit of participating in legalization. I am grateful to my colleagues in the General Assembly for recognizing the importance of expungement of criminal records and equity in licensing, because they are absolutely critical to ending prohibition fairly," said bill sponsor Rep. Scott A. Slater (D-Dist. 10, Providence).

The Marijuana Policy Project (MPP), which has worked on the issue in the state for years, pronounced itself pleased with the results in a statement Wednesday, but cautioned that now this progressive law will have to be implemented correctly.

"After years of persistent advocacy by organizations and supporters across the state, lawmakers have enacted a well-crafted cannabis legalization law that will create new opportunities for Rhode Islanders and begin the process of addressing decades of harm caused by prohibition," said MPP state campaigns manager Jared Moffat. "There is more work to be done to ensure that the full promise and potential of this legislation is achieved, but today is a day for us to celebrate and recognize that the hard work of organizing and educating eventually pays off."

A day for Rhode Islanders to celebrate, indeed.

Officials Now Say Fentanyl-Tainted Marijuana Scare a False Alarm, Competing CO Psychedelic Inits, More...(2/1/22)

A Calfornia Republican lawmaker wants to go back to the bad old days, Colorado now sees competing psychedelic legalization initiatives, and more.

fentanyl (Creative Commons)
Marijuana Policy

California GOP Bill Would Make Unlicensed Marijuana Cultivation a Felony Again. Assemblyman Thurston Smith (R-Riverside) has filed a bill that would recriminalize growing marijuana plants without a license, Assembly Bill 1725. The bill would make growing more than six plants without a license a felony punishable by up to three years in jail. Smith said his bill was aimed at enormous illegal grow operations. "These illicit growers have been operating with impunity, knowing that the law allows them to grow with barely a hindrance. For far too long, (state lawmakers in) Sacramento (have) been soft on crime, and the illicit market has exploded with massive unlicensed grows popping up all around the state." The bill faces long odds in the Democratic-controlled legislature.

Massachusetts Marijuana Host Community, Social Equity Bill Advances. The Joint Committee on Cannabis Policy took up legislation aimed at putting tighter rules on legally required contracts between hosts communities and marijuana businesses and establishing a Cannabis Social Equity Trust Fund. The measure, House Bill 174 faced no opposition in the committee. The bill is a priority of House Speaker Ron Mariano (D), and takes on aspects of the state's pot laws that both regulators and the industry have said need to be addressed.

"The gap between the law's stated commitment to equity and the on-the-ground reality of the industry shows just how much work we have left to do," Sen. Sonia Chang-Diaz, co-chair of the Joint Committee on Cannabis Policy, said. "There's universal agreement about the problems: high costs of entry and lack of access to capital create a near-impossible barrier for many talented entrepreneurs. This bill addresses both sides of that coin. I'm thrilled we're finally advancing it."

Opioids

Connecticut Scare on Fentanyl-Tainted Marijuana Mostly Unfounded, State Says. The state Department of Health reported in November that nearly 40 overdoses were linked to fentanyl-tainted marijuana, but it now turns out that there was only one case -- and that case was most likely caused by accidental contamination. In the original report, the state said there had been 39 overdoses believed linked to fentanyl-tainted marijuana, that the patients required revival with naloxone, and they "denied any opioid use and claimed to have only smoked marijuana." But the health department says at least 30 of the 39 had histories of opioid use.

The department also said that only one marijuana sample tested positive for fentanyl. "Based on the information gathered since the positive confirmation of marijuana with fentanyl, the CT ORS [Connecticut Overdose Response Strategy] assesses that the positive confirmation of marijuana with fentanyl was likely accidental contamination and an isolated incident," a department spokesman said. Boyle wrote in an email to Hearst Connecticut Media. The contamination likely occurred when the dealer "failed to clean their instruments before processing the marijuana and cross-contaminated it with fentanyl," he said.

Psychedelics

Colorado Sees Second Psychedelic Initiative Filed. Activists with Decriminalize Nature Boulder County have filed an initiative that would allow people 21 and over to possess, cultivate, gift and deliver psilocybin, psilocyn, ibogaine, mescaline and DMT. The initiative would also allow psychedelic services for therapeutic, spiritual, guidance, or harm reduction purposes with or without accepting payment. A separate psychedelic initiative backed by New Approach PAC and David Bronner of Dr. Bronner's liquid soap company, the Natural Medicine Health Act, envisions a two-tiered regulatory model where only psilocybin would be legalized and regulated for therapeutic purposes until June 2026, after which regulators could add other psychedelics.

Key Senate Democrats Block SAFE Banking Act's Inclusion in Must-Pass Defense Spending Bill [FEATURE]

In the ongoing struggle among congressional Democrats over whether to prioritize incremental marijuana reform legislation over pushing for full federal legalization, proponents of the former saw a stinging defeat this week when Senate heavyweights stripped the SAFE Banking Act (HR 1996) out of the Senate version of the must-pass National Defense Authorization Act (NDAA).

Democrats and even reformers are divided on how to advance marijuana reforms on Capitol Hill. (Creative Commons)
The SAFE Banking Act would protect financial institutions that do business with state-legal marijuana companies even while federal marijuana prohibition remains intact. Its backers argue that it is desperately needed to protect the industry from the logistical and security burdens of conducting a billion-dollar all-cash business. They managed to get the act's language inserted into the NDAA when the measure passed the House in September.

But Senate Majority Leader Chuck Schumer (D-NY), Senate Finance Committee Chair Sen. Ron Wyden (D-OR), and Sen. Cory Booker, who have drafted their own full legalization bill, had made it clear for weeks that they wanted to hold off on the banking bill until after Congress passes legalization. And they still felt that way this week despite pressure from other senators to keep the banking bill in the NDAA.

"We're going to keep talking, but Sen. Schumer, Sen. Booker, and I have agreed that we'll stay this course," Wyden told reporters Monday, adding that "the federal government has got to end this era of Reefer Madness."

The move infuriated SAFE Banking Act supporters. Rep. Ed Perlmutter (D-CO), chief sponsor of the bill, moved to reinsert the bill language in a meeting of the House Rules Committee Wednesday, but ultimately decided not to force a vote on the amendment. And Rules Committee Chairman Jim McGovern lashed out at Schumer during the debate.

"I don't really quite know what the hell his problem is,"McGovern said, referring to Schumer. "But what he's doing is he's making it very difficult for a lot of small businesses -- and minority-owned businesses, too -- [who] deal with the issue of cannabis to be able to move forward and to expand and to hire more people."

The issue has also split the drug reform community, with groups such as the Marijuana Policy Project (MPP) and the National Organization for the Reform of Marijuana Laws (NORML) supporting the push for the SAFE Banking Act while others such as Drug Policy Alliance (DPA) calling for outright legalization to be done at the same time as banking.

"Marijuana criminalization means nearly every minute someone is arrested for marijuana and it serves as the pretext for horrific interactions with law enforcement, like the death of Philando Castile," DPA executive director Kassandra Frederique said in a press release. "While we agree cannabis businesses, like any other businesses, need access to banking services -- and in fact, the DPA-supported MORE Act (HR 3617) would fully resolve the marijuana banking issue -- we cannot do so at the expense of equity and justice for Black, Latinx and Indigenous communities that have borne the brunt of prohibition. And we cannot prioritize banking services while cannabis continues to be used as justification for police violence against these communities," she added.

"By slipping SAFE into the Defense Authorization bill ahead of moving the MORE Act, Congress is sending a clear message that the industry and huge multi-state operators take precedent before the countless people that have had their lives devastated by punitive and racially-motivated drug policies," Frederique continued. "We can and must move comprehensive marijuana reform -- centered in equity, justice and community reinvestment -- first and foremost. Then, and only then, can we talk about banking inconvenience."

"We are disappointed in the elimination of the SAFE Banking provisions from the NDAA," MPP deputy director said in a Tuesday statement. "It is unacceptable that so many state-licensed cannabis businesses are operating entirely in cash simply because the Biden administration and Congress, in spite of overwhelming public support, refuse to support even modest reforms to our country's failed federal cannabis laws."

While acknowledging that the banking bill did not take on the social justice side of the equation, Schweich argued it would have been at least some progress.

"While the SAFE Banking provisions would not have addressed criminal justice reform, this was a valuable opportunity for incremental progress, a principle that has served the cannabis reform movement well for many years," he said. "Furthermore, Congress has missed an opportunity to assist hundreds of small and minority-owned businesses in medical and adult-use cannabis states across the country. Without SAFE Banking, employees of cannabis businesses will continue to face public safety risks. Cannabis businesses are experiencing burglaries, armed robberies, and thefts at disturbing rates. It is abundantly clear that leaving cannabis businesses unbanked is dangerous for both workers and the surrounding community."

NORML was equally perturbed.

"It is unfortunate that Congress failed to take this opportunity to affirm the legitimacy of state-legal marijuana markets and instead acted in a way that will continue to deny this emerging legal industry access to basic financial tools and services," NORML political director Justin Strekal said in a Tuesday statement. "Until Congressional action is taken, state-licensed marijuana businesses and those millions of Americans that patronize them will continue to be at a higher risk of robbery due to the all-cash nature of this industry. Furthermore, smaller entrepreneurs who seek to enter this industry will continue to struggle to compete against larger, more well-established and well-capitalized interests."

Despite the defeat this week, the fight to get the SAFE Banking Act back in the NDAA is not over. The current version of the NDAA will now have to go back to both chambers for final approval before heading to the president's desk, and the act's supporters will certainly try to get it reinserted before then.

Meanwhile, the prospects for actual ending federal marijuana prohibition this year appear dim, especially given that it would need 60 votes in the Senate, where Republicans have operated primarily as obstructionists so far. If neither the SAFE Banking Act nor marijuana legalization materializes, the Democrats will have squandered an opportunity to pass important, popular legislation. There's still next year, but it is already looking to be pretty messy in the run-up to the mid-term elections.

SD Activists Begin 2022 Marijuana Legalization Initiative Drive, Report on Racial Disparities in State Prisons, More... (10/13/21)

A pair of GOP Ohio lawmakers prepares a marijuana legalization bill, the Sentencing Project releases a new report on differential racial incarceration rates in the states, and more.

A new Sentencing Project report finds Blacks are imprisoned in state prisons at a rate five times that of Whites. (Pixabay)
Marijuana Policy

Ohio GOP Lawmakers Announce Marijuana Legalization Bill. In a sign of changing times, a pair of Ohio Republican lawmakers announced Tuesday they were preparing a marijuana legalization bill. For years, Democrats have led the fight for marijuana legalization, but in recent days, first Pennsylvania and now Ohio are seeing signs of Republican interest in moving forward on legalization. Reps. Jamie Callender (R) and Ron Ferguson (R) rolled out a bill that would allow people 21 and over to buy and possess marijuana, with limited home cultivation allowed. The bill also envisages a 10 percent tax on retail marijuana sales, with half going to the state's general fund and half going to law enforcement and mental health and addiction treatment and recovery services. Callender and Ferguson are circulating a cosponsorship memo to build support for the forthcoming legislation and are aiming to formally file the bill within the next six weeks or so.

South Dakota Marijuana Legalization Ballot Initiative Approved for Signature Gathering. Although state voters already approved a marijuana legalization initiative last year, it was challenged in court by Gov. Kristi Noem (R) and two law enforcement officials, and the state Supreme Court has yet to rule on its constitutionality. The people behind the successful initiative, South Dakotans for Better Marijuana Laws, is not waiting on—or counting on—a favorable Supreme Court ruling and is moving ahead with plans for a 2022 initiative designed to get around the issue that has the 2020 initiative stuck in the courts: the claim that it unconstitutionally encompasses more than one subject. This new initiative simply legalizes marijuana possession and cultivation for people 21 and over. The secretary of state on Tuesday gave the go-ahead for signature gathering to begin. Campaigners have until May 8, 2022 to come up with 16,691 valid voter signatures to qualify for the November 2022 ballot.

Sentencing Policy

New Sentencing Project Report Finds Blacks Imprisoned in State Prisons at Rate Five Times of Whites. Black Americans are incarcerated in state prisons across the country at nearly five times the rate of Whites, and Latino Americans are 1.3 times as likely to be incarcerated than non-Latino whites, according to a new report by The Sentencing Project, The Color of Justice: Racial and Ethnic Disparity in State Prisons.The report, authored by Senior Research Analyst Ashley Nellis, documents the rates of incarceration for white, Black, and Latinx Americans for each state. Although Black Americans are not a majority of the general population in any of the 50 states, they make up more than half of the prison population in a dozen states: Alabama, Delaware, Georgia, Illinois, Louisiana, Maryland, Michigan, Mississippi, New Jersey, North Carolina, South Carolina and Virginia. New Jersey tops the nation in terms of disparity in its incarceration rates, with a Black/white ratio of more than 12 to 1. Wisconsin, Minnesota, and Connecticut follow closely behind, incarcerating Black Americans at about 10 times the rate of white people. Latino individuals are incarcerated nationally in state prisons at a rate that is 1.3 times the rate for non-Latino whites, but at a much higher rate in Massachusetts (4.1), Connecticut (3.7), New York (3.0), and North Dakota (2.4). In raw numbers, Latino incarceration is highest in border and southwestern states. The report makes several policy recommendations: eliminate all mandatory minimums, enact racial impact statements that require crime bills to be accompanied by an estimate of the policy’s impact on demographic groups, and discontinue arrest and prosecution for low-level drug offenses that often lead to accumulation of prior convictions

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