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Two Takes on the Global Drug War and Global Drug Cultures [FEATURE]

America shows signs of emerging from the century-long shadow of drug prohibition, with marijuana leading the way and a psychedelic decriminalization movement rapidly gaining steam. It also seems as if the mass incarceration fever driven by the war on drugs has finally broken, although tens if not hundreds of thousands remain behind bars on drug charges.

As Americans, we are remarkably parochial. We are, we still like to tell ourselves, "the world's only superpower," and we can go about our affairs without overly concerning ourselves about what's going on beyond our borders. But what America does, what America wants and what America demands has impacts far beyond our borders, and the American prohibitionist impulse is no different.

Thanks largely (but not entirely) to a century of American diplomatic pressure, the entire planet has been subsumed by our prohibitionist impulse. A series of United Nations conventions, the legal backbone of global drug prohibition, pushed by the US, have put the whole world on lockdown.

We here in the drug war homeland remain largely oblivious to the consequences of our drug policies overseas, whether it's murderous drug cartels in Mexico, murderous cops in the Philippines, barbarous forced drug treatment regimes in Russia and Southeast Asia, exemplary executions in China, or corrupted cops and politicians everywhere. But now, a couple of non-American journalists working independently have produced a pair of volumes that focus on the global drug war like a US Customs X-ray peering deep inside a cargo container. Taken together, the results are illuminating, and the light they shed reveals some very disturbing facts.

Dopeworld by Niko Vorobyov and Pills, Powder, and Smoke by Antony Loewenstein both attempt the same feat -- a global portrait of the war on drugs -- and both reach the same conclusion -- that drug prohibition benefits only drug traffickers, fearmongering politicians, and state security apparatuses -- but are miles apart attitudinally and literarily. This makes for two very different, but complementary, books on the same topic.

Loewenstein, an Australian who previously authored Disaster Capitalism and Profits of Doom, is -- duh -- a critic of capitalism who situates the global drug war within an American project of neo-imperial subjugation globally and control over minority populations domestically. His work is solid investigative reporting, leavened with the passion he feels for his subject.

In Pills, Powder, and Smoke, he visits places that rarely make the news but are deeply and negatively impacted by the US-led war on drugs, such as Honduras. Loewenstein opens that chapter with the murder of environmental activist Berta Caceres, which was not directly related to the drug war, but which illustrates the thuggish nature of the Honduran regime -- a regime that emerged after a 2009 coup overthrew the leftist president, a coup justified by then-Secretary of State Hillary Clinton, and which has received millions in US anti-drug assistance, mainly in the form of weapons and military equipment.

Honduras doesn't produce any drugs; it's only an accident of geography and the American war on drugs that we even mention the country in the context of global drug prohibition. Back in the 1980s, the administration of Bush the Elder cracked down on cocaine smuggling in the Caribbean, and as traffickers sought to evade that threat, Honduras was perfectly placed to act as a trampoline for cocaine shipments taking an alternative route through Mexico, which incidentally fueled the rise of today's deadly and uber-wealthy Mexican drug cartels.

The drug trade, combined with grinding poverty, huge income inequalities, and few opportunities, has helped turn Honduras into one of the deadliest places on earth, where the police and military kill with impunity, and so do the country's teeming criminal gangs. Loewenstein walks those mean streets -- except for a few neighborhoods even his local fixers deem too dangerous -- talking to activists, human rights workers, the family members of victims, community members, and local journalists to paint a chilling picture. (This is why Hondurans make up a large proportion of those human caravans streaming north to the US border. But unlike Venezuela, where mass flight in the face of violence and economic collapse is routinely condemned as a failure of socialism, you rarely hear any commentators calling the Honduran exodus a failure of capitalism.)

He reexamines one of the DEA's most deadly recent incidents, where four poor, innocent Hondurans were killed by Honduran troops working under DEA supervision in a raid whose parameters were covered up for years by the agency. Loewenstein engaged in extended communication with the DEA agent in charge, as well as with survivors and family members of those killed. Those people report they have never received an apology, not to mention compensation, from the Honduran military -- or from the United States. While the Honduran military fights the drug war with US dollars, Loewenstein shows it and other organs of the Honduran government are also deeply implicated in managing the drug traffic. And news headlines bring his story up to date: Just this month, the current, rightist president of Honduras, Juan Orlando Hernández, of meeting with and taking a bribe from a drug trafficker. This comes after his brother, former Honduran Senator Juan Antonio Hernández, was convicted of running tons of cocaine into the United States in a trial that laid bare the bribery, corruption, and complicity of high-level Hondurans in the drug trade, including the president.

Loewenstein also takes us to Guinea-Bissau, a West African country where 70 percent of the population subsists on less than $2 a day and whose biggest export is cashews. Or at least it was cashews. Since the early years of this century, the country has emerged as a leading destination for South American cocaine, which is then re-exported to the insatiable European market.

Plagued by decades of military coups and political instability, the country has never developed, and an Atlantic shoreline suited for mass tourism now serves mainly as a convenient destination for boatloads and planeloads of cocaine. Loewenstein visits hotels whose only clients are drug traffickers and remote fishing villages where the trade is an open secret and a source of jobs. He talks with security officials who frankly admit they have almost no resources to combat the trade, and he traces the route onward to Europe, sometimes carried by Islamic militants.

He also tells the tale of one exemplary drug bust carried out by a DEA SWAT team arguably in Guinean territorial waters that snapped up the country's former Navy minister. The DEA said he was involved in a "narco-terrorist" plot to handle cocaine shipments for Colombia's leftist FARC guerillas, who were designated as "terrorists" by the administration of Bush the Junior in a politically convenient melding of the wars on drugs and terror.

It turns out, though, there were no coke loads, and there was no FARC; there was only a DEA sting operation, with the conspiracy created out of whole cloth. While the case made for some nice headlines and showed the US hard at work fighting drugs, it had no demonstrable impact on the use of West Africa as a cocaine conduit, and it raised serious questions about the degree to which the US can impose its drug war anywhere it chooses.

Loewenstein also writes about Australia, England, and the United States, in each case setting the historical and political context, talking to all kinds of people, and laying bare the hideous cruelties of drug policies that exert their most terrible tolls on the poor and racial minorities. But he also sees glimmers of hope in things such as the movement toward marijuana legalization here and the spread of harm reduction measures in England and Australia.

He gets one niggling thing wrong, though, in his chapter on the US. He converses with Washington, DC, pot activists Alan Amsterdam and Adam Eidinger, the main movers behind DC's successful legalization initiative, but in his reporting on it, he repeatedly refers to DC as a state and once even mistakenly cites a legal marijuana sales figure from Washington state. (There are no legal sales in DC.) Yes, this is a tiny matter, but c'mon, Loewenstein is Australian, and he should know a political entity similar to Canberra, the Australian Capital Territory.

That quibble aside, Loewenstein has made a hardheaded but openhearted contribution to our understanding of the multifaceted malevolence of the never-ending war on drugs. And I didn't even mention his chapter on the Philippines. It's in there, it's as gruesome as you might expect, and it's very chilling reading.

Vorobyov, on the other hand, was born in Russia and emigrated to England as a child. He reached adulthood as a recreational drug user and seller -- until he was arrested on the London Underground and got a two-year sentence for carrying enough Ecstasy to merit a charge of possession with intent to distribute. After that interval, which he says inspired him to write his book, he got his university degree and moved back to Russia, where he picked up a gig at Russia Today before turning his talents to Dopeworld.

Dopeworld is not staid journalism. Instead, it is a twitchy mish-mash, jumping from topic to topic and continent to continent with the flip of a page, tracing the history of alcohol prohibition in the US at one turn, chatting up Japanese drug gangsters at the next, and getting hammered by ayahuasca in yet another. Vorobyov himself describes Dopeworld as "true crime, gonzo, social, historical memoir meets fucked up travel book."

Indeed. He relates his college-boy drug-dealing career with considerable panache. He parties with nihilistic middle-class young people and an opium-smoking cop in Tehran, he cops $7 grams of cocaine in Colombia and tours Pablo Escobar's house with the dead kingpin's brother as a tour guide, he has dinner with Joaquin "El Chapo" Guzman's family in Mexico's Sinaloa state and pronounces them nice people ("really chill"), and he meets up with a vigilante killer in Manila.

Vorobyov openly says the unsayable when it comes to writing about the drug war and drug prohibition: Drugs can be fun! While Loewenstein is pretty much all about the victims, Vorobyov inhabits the global drug culture. You know: Dopeworld. Loewenstein would bemoan the utter futility of a record-breaking seizure of a 12-ton load of cocaine; Vorobyov laments, "that's 12 tons of cocaine that will never be snorted."

Vorobyov is entertaining and sometimes laugh-out-loud funny, and he brings a former dope dealer's perspective to bear. He's brash and breezy, but like Loewenstein, he's done his homework as well as his journalistic fieldwork, and the result is fascinating. To begin to understand what the war on drugs has done to people and countries around the planet, this pair of books makes an essential introduction. And two gripping reads.

Dopeworld: Adventures in the Global Drug Trade by Niko Vorobyov (August 2020, St. Martin's Press, hardcover, 432 pp., $29.99)

Pills, Powder, and Smoke: Inside the Bloody War on Drugs by Antony Loewenstein (November 2019, Scribe, paperback, 368 pp., $19.00)

Chronicle AM: Another MORE Act Vote, Austin Decrim, FL Init Shifts to 2022, More... (1/13/20)

The MORE Act should get another committee vote this week, the Florida marijuana legalization initiative campaign has shifted its sights to 2020, Illinois' governor sketches out criminal justice reforms, and more.

Austin, Texas (Creative Commons)
Marijuana Policy

MORE Act Set for Another Congressional Committee Vote Wednesday. The Marijuana Opportunity, Reinvestment and Expungement (MORE) Act (HR 3884) goes before the House Energy and Commerce Subcommittee on Wednesday. The bill would remove marijuana from the Controlled Substances Act's schedules and encourage states to expunge prior low-level convictions. It has already passed the House Judiciary Committee and the House Small Business Committee has waived jurisdiction, leaving five committees to go.

Florida Marijuana Legalization Initiative Effort Shifts to 2022. Sunshine State residents will not vote on a marijuana legalization initiative this year after the Make It Legal Florida campaign announced it was giving up on efforts to get the measure on the 2020 ballot. The campaign cited a looming February 1 deadline for signature gathering. The state had certified only 295,000 valid voter signatures on Monday; less than 40% of the total needed. The signatures it has already gathered are valid for two years, and the campaign said it will use them for a 2022 effort.

Florida Marijuana Legalization Bill Filed. On the same day an initiative campaign called it quits for 2020, state Sen. Jeff Brandes (R-St. Petersburg) filed SB 1860, a bill that would legalize marijuana for adult use and replace the current vertical integration structure by allowing growers to wholesale to independent processors or retailers. The bill would also expunge low-level criminal records and study the impact of home-grown marijuana.

Austin, Texas, May End Marijuana Arrests and Fines. In the wake of hemp legalization and the wrench that has thrown into enforcing marijuana laws, the Austin city council will consider a resolution next week that would effectively end arrests and fines for simple marijuana possession. City Council Member Gregorio Casar introduced the resolution last Friday. It would bar the city of Austin from using funds to develop testing procedures for THC or pay for lab tests in minor possession cases and direct police to not take any enforcement actions against people solely suspected of marijuana possession. In July, Travis County (Austin) prosecutors dropped dozens of marijuana cases, but Austin police have continued to arrest people for minor pot busts anyway.

Criminal Justice

Illinois Governor Sketches Out Criminal Justice Reform Plans. Gov. JB Prtiztker (D) laid out plans for criminal justice reform last Thursday. He and Lt. Gov. Julia Stratton (D) said they would "work to end cash bail for low-level crimes, push drug offenders towards treatment, and reduce mandatory sentencing" as part of a Justice, Equity, and Opportunity Initiative. The two said they wanted to build a "fair" criminal justice system and cited current racial bias, especially in the war on drugs.

Chronicle AM: House Resolution Condemns Racist Drug War, Prison Racial Disparities Shrink, More.... (12/10/19)

Michigan legal pot sales are off to a hot start, a House resolution demands Congress apologize for racist drug war, a new report finds declining racial disparities in incarceration, and more. 

The Wolverine state is embracing legal marijuana if early sales figures are any indication. (Creative Commons)
Marijuana Policy

Major League Baseball on Verge on Okaying Marijuana Use. The league has already abandoned testing for marijuana for the major leagues, but now it and the players' union have reportedly agreed to remove it from the list of banned substances for minor leaguers as well as part of a wider deal involving opioid use in baseball. Until now, minor league players had been subject to a 25-game suspension for the first positive pot test, 50 games for the second, 100 games for the third, and a lifetime ban for a fourth offense. This isn't a done deal yet, but both sides said they hoped it would be by year's end.

Michigan Legal Marijuana Sales Off to Roaring Start. After only eight days of legal marijuana sales, Michiganders have bought more than $1.6 million worth of weed. And that's in only five retail shops already open in the state. Three of those shops either sold out their inventory or had only limited supplies of marijuana products. That $1.6 million in sales brought in more than $270,000 for the state in the form of marijuana excise and sales taxes. The state House Fiscal Agency estimates that once the legal marijuana market is fully established, sales will approach $950 million annually, with the state taking in $152 million in pot taxes each year.

Drug Policy

Lawmakers File Resolution Demanding Congress Apologize for Racist War on Drugs. House members led by Rep. Bonnie Watson Coleman (D-NJ) introduced a House resolution on Friday calling on Congress to admit that the war on drugs has been a racially biased failure, provide justice to those negatively impacted by it and apologize to communities most impacted under prohibition. The resolution says "the House of Representatives should immediately halt any and all actions that would allow the War on Drugs to continue." It has 20 sponsors, including Karen Bass (D-CA), who chairs the Congressional Black Caucus.

Sentencing Policy

Racial Disparities in Incarceration Narrow, But Black People Still More Likely to Be Imprisoned, Study Finds. A new report from the Council on Criminal Justice finds that racial disparities in incarceration rates shrank between 2000 and 2016, but that blacks were still five times more likely to be incarcerated than whites. The black-white imprisonment ratio dropped from 8.3-to-1 in 2000 to 5.1-to-1 in 2016. On a less positive note, black defendants are getting longer state prison sentences even as the number of arrests or incarcerations among black people steadily decreases.

Does This State Have the Worst Drug Policies in America? [FEATURE]

With endless miles of farmland shading into ever higher and drier terrain as one moves west, crossing the Missouri River and then on to the Badlands and the Black Hills, South Dakota has a certain austere beauty. Not so in its approach to drugs. When it comes to drug policy, it is one of the ugliest places in the country.

South Dakota's Badlands. The state is a pretty bad land for drug users, too. (Creative Commons)
The staunchly conservative state holds the dubious distinction of being the only state to twice defeat a medical marijuana initiative. (Activists are giving it another shot this year -- and a more wishful legalization initiative, too.) And it is being sued by the state ACLU over the forced drug testing of toddlers and arrestees alike.

South Dakota also boasts the nation's only law making ingestion -- not possession -- of a controlled substance a felony, which helps explains the reflex resort to drug testing arrestees: A positive drug test becomes a prosecutable offense. While 10 other states have ingestion laws on the books, none of them makes it a felony.

And now, a new report from the Prison Policy Initiative finds that "South Dakota jails more people per capita than any other state," that almost "half of all arrests are drug or alcohol related, compared to just 29 percent nationally," and that people of color -- in this case, primarily Native Americans -- are disproportionately arrested at a rate far above the national average.

According to the report, South Dakota jailed 2,888 people per 100,000, nearly twice the national average of 1,506, and narrowly edging out Mississippi, which had 2,814 per 100,000. (Other states that jailed more than one out of 50 of their residents were Georgia, Kansas, Kentucky, New Mexico, Oklahoma, and Wisconsin.)

But jail is just the gateway to the incarceration complex, and when it comes to long-term stays behind bars, South Dakota displays the same sort of worrying numbers. According to the ACLU of South Dakota, the state's prison population has increased more than five-fold since 1980, a decade after the drug war began. And despite 2013 reforms designed to reduce the prison population, it stubbornly stays near an all-time high reached in 2017.

In fact, new prison admissions spiked upward by 49 percent between 2015 and 2018. These numbers are largely attributable to drug prosecutions, with nearly one in three prisoners doing time for drugs in 2019, up from one in four in 2014.

As the ACLU noted, "This increase was driven almost entirely by a rise in the number of people whose most serious offense was unauthorized ingestion of a controlled substance."

That's right -- South Dakota is spending millions of dollars to incarcerate people not for drug dealing, not even for drug possession, but for having used drugs and still having traces of them in their system.

And it's doing so in an alarmingly racially disproportionate manner. Native Americans make up only 7 percent of the state's population but constitute nearly one-third (31 percent) of the state prison population. Similarly, the state has a tiny African American population (2 percent), but black South Dakotans made up 8 percent of the prison population. The imprisonment rate for both African Americans and Native Americans was seven times that of the state's overwhelmingly white population. For the state's Latino population, the imprisonment rate was twice that of whites.

In a press release last month, the state ACLU reported that it's just as bad in the state's jails, with Native Americans making up roughly half of all jail admissions and accounting for the majority of all drug- and alcohol-related arrests in the state. The group noted that "Native Americans between ages 15 and 64 are incarcerated at 10 times the rate of white people in South Dakota."

"It's time to come to terms with the significant racial disparities that are so ingrained in our criminal legal system," said Libby Skarin, ACLU of South Dakota policy director. "This is not something that can be mitigated by solely reducing the number of arrests in South Dakota. Our elected officials need to acknowledge the realities of these racial disparities and commit to tackling them head-on."

State leaders grasp that there is a problem here. The state legislature has set up an interim study group to examine the state's approach to drug offenses, which met for the first time in August. The group includes legislators, law enforcement, court administrators, the South Dakota attorney general and the secretary of the Department of Corrections, but not public health officials or actual drug users.

The panel heard even more disturbing numbers about drug prosecutions. There were 2,104 people convicted of drug possession statewide so far this year, a more than four-fold increase from 2009, even though drug use levels have remained relatively stable over that period. That is leading panel members to wonder about the role of local prosecutors in generating such large increases in prosecutions.

"Though drug use is undoubtedly a serious issue, we can't incarcerate our way out of addiction," said the ACLU's Skarin. "The enormous amount of money South Dakota spends on jailing people for drug-related offenses is disproportionate and causes more harm than good to individuals struggling with addiction, their families and their communities."

It is for this reason that the ACLU says it is supporting initiatives such as "reclassifying ingestion as a misdemeanor."

Skarin explained, "Reclassifying ingestion as a misdemeanor and investing the resulting savings of state funds in diversion and treatment programs designed to combat addiction would go a long way in helping to solve the underlying problems leading to drug abuse."

Pennington County (Rapid City) public defender Eric Whitcher is on the same page as the state ACLU. He told the interim panel that 73 of his last 100 drug possession cases involved only trace or immeasurable amounts of drugs and that if such cases were not charged as felonies, his office could operate with significantly fewer felony prosecutors.

"We are an outlier," said Whitcher, speaking about South Dakota. "We are creating more felonies for the same conduct than our neighboring states. What impact does that have on their lives?"

Dropping ingestion from a felony to a misdemeanor would be a step in the right direction, but it's an awfully small step. South Dakota has a long, long way to go to get on the right side of drug policy, and no natural beauty can hide that.

Why Are Meth- and Cocaine-Related Overdose Deaths on the Increase? [FEATURE]

August 31 is International Overdose Awareness Day, overdoseday.com
Last month, the Centers for Disease Control and Prevention (CDC) released provisional data indicating that the country's overdose crisis peaked in late 2017 and actually declined by 5.1 percent between then and late 2018. While that is long-awaited good news, it's not great news: The annual number of drug overdose deaths was still more than 68,000, and that number is still more than a third higher than in 2014, when the overdose epidemic was already well underway.

The fever may have broken, but the patient is still in critical condition. And there is one bit of data in the CDC report that is definitely not good news: While overall overdose deaths finally began to decline, overdose deaths involving stimulants were on the increase. For cocaine, the death toll started rising in about 2012; for psychostimulants (overwhelmingly methamphetamine), the climb began a couple of years earlier.

But the new data show a dramatic uptick in overdose deaths with stimulant involvement last year. Fatal overdoses where cocaine was mentioned were up 34 percent and those where methamphetamine was involved were up 37 percent. That's more than 14,000 people dying with cocaine in their systems and more than 10,000 dying with meth in their systems.

What is driving this spike in stimulant-involved overdose deaths? Some of it can be attributed to rising use levels for cocaine and meth, which can in turn be linked to increased supplies. Meth seizures were up dramatically last year and recent DEA reports suggest that cocaine availability has increased steadily since 2012, particularly in the south and east coast of the US. The UN Office of Drugs and Crime suggests that cocaine production and manufacture are at the highest rates ever recorded.

"There is some research to suggest that we are seeing slightly higher rates of recent cocaine and methamphetamine use compared to rates of use just a few years ago," said Sheila Vakharia, PhD, a researcher with the Drug Policy Alliance (DPA). "But increased rates of use do not always mean increased rates of addiction or overdose. Death rates are influenced by a variety of factors, including age of the user, the amount used, and other substances used, among other things."

They are also influenced by race, gender, and geographic location. A recent study looking at data from 2012 to 2015 and examining race and gender trends by drug found that white men had the highest rates of methamphetamine-involved overdose deaths more generally, while black men had highest rates of cocaine-involved overdose deaths. These racial differences persisted for women of each race as well, although their overdose rates were lower than the men in their racial groups.

"Methamphetamine-involved deaths are high on the West Coast and Midwest, while cocaine-involved deaths are high on the East Coast. We are actually seeing that in some Western states that methamphetamine is either the top drug involved in overdose deaths or among the top drugs included in overdose deaths," Vakharia noted.

"Based on the latest CDC data, Nevada’s overdose crisis has been driven by prescription opioids and methamphetamine for the past several years- in fact, methamphetamine has been the #1 drug involved in overdoses there since November 2016. Similarly, in November 2016, Oregon saw methamphetamine become the top drug involved in overdose deaths," she specified.

"Meanwhile, the East Coast is seeing the involvement of cocaine in overdoses increase as well. While no eastern state has cocaine driving their overdose crisis, places like DC are seeing fentanyl as the top driver of deaths followed by cocaine. Last year, while fentanyl contributed to the majority of overdose deaths, there were more cocaine-involved deaths than heroin or prescription opioids," Vakharia added.

It appears that it is not rising simulant use rates but the use of multiple substances that is largely driving the overall stimulant death toll upwards. A CDC report from May suggests that, from 2003 to 2017, almost three-quarters of cocaine-involved deaths involved an opioid while half of all methamphetamine involved deaths involved an opioid.

"Those CDC numbers are based on autopsy reports," said Daniel Raymond, deputy director of planning and policy for the Harm Reduction Coalition (HRC). "In a lot of cases, there are multiple drugs involved, and just because an overdose involves a stimulant, it doesn't mean it was caused by stimulants."

Overdose deaths caused by stimulants look different from those caused by opioids, Raymond noted: "Fatal stimulant overdoses come from strokes, seizures, heart attacks, and potentially overheating," he said. "It's not like an opioid overdose with respiratory depression," he said.

"Some of this may be more a reflection that we still have lots of people dying from opioid-related overdoses, and it's just that more of them are also taking meth or cocaine, but the primary cause of death is the respiratory depression associated with opioid overdoses. In a lot of the cocaine deaths, medical examiners are finding both cocaine and opioids."

"We are seeing that toxicology reports of people who died with stimulants in their systems also had fentanyl or other opioids in their system," DPA's Vakharia concurred. She then listed a number of possible explanations:

  1. "This is accidental. Cross-contamination of a stimulant with an opioid like fentanyl could have been accidental and occurred during transport or packaging, and opioid-naïve stimulant users were accidentally exposed to opioid-contaminated stimulants."
  2. "This is due to co-use of opioids and stimulants in the form of speedballs (with cocaine) or goofballs (with methamphetamine), where both are used together for the desired effect of immediately stimulating high, followed by the euphoria of the opioid."
  3. "Stimulants are being willfully adulterated with opioids by suppliers/sellers, and stimulant users naïve to opioids are overdosing because they have no tolerance. (We at DPA dispute this theory, because it makes little sense why a seller would want to kill off a customer.)
  4. "Someone might have used a stimulant and opioids at different times within the past few days, but their toxicology could be showing the recency of use."

What Is to Be Done?

The Drug Policy Alliance and the Harm Reduction Coalition have both released reports on the rise in stimulant-involved overdose deaths, Stimulant Use: Harm Reduction, Treatment, and Future Directions from the former and Cocaine, Speed, and "Overdose": What Should We Be Doing? from the latter. Raymond and Vakharia took a few minutes to address those topics, too.

"There is no naloxone for stimulant overdose," Raymond pointed out. To reduce those overdoses "is about developing harm reduction strategies and outreach specifically targeting stimulant users," he said. "We spend so much time focusing on the opioid overdose crisis that our messages are oriented toward that. If we want to start a conversation, we need to not just tack it onto the opioid messaging. Even if you're not an opioid user, we want to talk about symptoms and warning signs."

HRC has moved in that direction, said Raymond. "We did some work on stimulant overdoses, we talked to a lot of people who used stimulants, we put out a guide -- Stimulant "Overamping”"Basics -- and went with the terms people used. Using 'overamping' opened a space for conversation for people who didn't identify as heroin users. If you talk overamping instead of overdosing, stimulant users have had that experience of using too much. Part of it is really just listening to the people who use the drugs. In harm reduction, we learn from the people we work with."

"People who use stimulants need access to sterile equipment beyond syringes, since many stimulant users smoke, so we are talking about sterile smoking equipment like pipes and filters," Vakharia said. "We need to teach users how to stay safe while using -- make sure to take breaks for hydration and to eat, get enough rest. It is easy to lose track of time when you've been up for days and when you have no appetite. This also puts undue stress on your heart and can exacerbate health issues," she noted.

"For many people, we should also talk about distributing safer sex supplies, because many people engage in risky sexual practices while they are using," Vakharia continued. "We also need to educate users on the risks associated with mixing different classes of drugs and the impact it can have on your body, knowing your limits, keeping naloxone on hand in case you are using opioids too, and not using alone."

It's not just harm reduction that's needed, though. Other policy prescriptions could help reduce the toll.

"Medicaid expansion and policies to increase access to basic health care and mental health care, as well as substance use treatment can greatly improve the health and well-being of people who use all drugs," Vakharia said. "And whether opioids are a person's primary drug or not, expanding access to naloxone helps anyone who is using them. Similarly, expanding Good Samaritan laws that reduce barriers to calling 911 can only help."

And then there's not treating drug uses like criminals.

"Decriminalizing drugs and paraphernalia would be a huge step forward," said Vakharia. "We know that contact with the criminal justice system increases harms and also presents barriers to going into recovery, which impacts job prospects, the ability to find work, and things like that."

"Drug decriminalization is crucial," said Raymond. "Criminalization just makes everything worse. It makes people more fearful of seeking help, and ends up locking so many people up in ways such that when they leave jail or prison, they're even more vulnerable. All of our work in harm reduction takes place in this context of mass criminalization. That keeps us swimming against the tide."

This article was produced by Drug Reporter, a project of the Independent Media Institute.

The Drug Policy Alliance is a funder of both Drug Reporter and Drug War Chronicle.

Chronicle AM: House Moves to Protect State-Legal Marijuana, Canada OKs Pot Expungements, More... (6/21/19)

The House has passed an historic amendment to protect legal marijuana states from federal interference, the polls numbers are looking good in Florida, Canada moves forward on expunging marijuana arrest records, and more.

Expedited, free expungement of past marijuana arrests is coming to Canada. (Cannabis Culture)
Marijuana Policy

House Passes Bill to Block Federal Interference with State-Legal Marijuana. In a history-making vote Thursday, the House voted 267-165 to approve a bipartisan measure aimed at protecting state marijuana policies from federal interference. The vote came on an amendment to the Commerce, Justice, Science, and Related Agencies Appropriations bill that prohibits the Justice Department from using funds to prevent states, US territories, and the District of Columbia from implementing laws authorizing the use, distribution, possession, and cultivation of marijuana. A similar appropriations rider known as the Rohrabacher-Farr amendment has been in effect since 2014, but it only protected state medical marijuana programs, not states that have legalized marijuana for adults.

Florida Poll Has Strong Support for Legalization. A new Quinnipiac College poll has support for marijuana legalization in the Sunshine State at an "all-time high" of 65%, with only 30% opposed. The poll comes as the group Regulate Florida prepares a legalization initiative for 2020.

New York Legislature Approves Deeper Decriminalization, Expungement. After the marijuana legalization bill crashed and burned on Wednesday, the legislature hastily approved a bill that eliminate criminal penalties for public possession and use of marijuana. Possession had been decriminalized in 1978, but police would stop people in public, order them to remove the contents of their pockets, then charge them with public possession. Now they won't be able to do that. The bill also allows for the expungement of past possession convictions. The bill now goes to Gov. Andrew Cuomo (D), who says he supports it.

Hemp

Massachusetts Regulators Ban Sales of Some Hemp Products. The state Department of Agricultural Resources has issued a policy statement that bans the sale of some hemp products, including foods infused with CBD and dietary supplements. It also prohibits CBD products that make therapeutic/medicinal claims, animal feed with hemp, and the sale of unprocessed or raw plant material to consumers. The state says it is following guidance from the Food & Drug Administration, which says introducing CBD into food products is unlawful.

Law Enforcement

Illinois Governor Signs Bill to Continue Data Collection on Police Pedestrian and Traffic Stops. Gov. JB Pritzker (D) has signed into law HB 1613, which blocks a current law requiring data collection on vehicular and pedestrian police stops from being sunsetted. Continuance of the practice maintains "an important tool for police officers and the public to identify and combat racial disparities in law enforcement," the bill says.

International

Canada Parliament Passes Bill to Pardon Pot Possession Offenders. Parliament on Wednesday approved a bill, C-93, that would allow people with marijuana possession records to be pardoned at no cost and quickly. The new bill is expected to speed the pardon process by eliminating the potential five- to 10-year wait time and waives an application fee of C$631 ($479). The bill only applies to those who have completed their sentences and have only a single possession conviction on their criminal record.

Philadelphia's Maverick Prosecutor Takes Aim at the War on Drugs [FEATURE]

Philadelphia District Attorney Larry Krasner made waves last week by reportedly saying he is "very close" to implementing a policy that would decriminalize the possession of all drugs, but that was just the latest salvo in the former criminal defense and civil rights lawyer's war on the war on drugs.

Philadelphia's progressive District Attorney Larry Krasner (KrasnerforDA.com)
Since taking office in January 2018, Krasner has made a number of policy moves that are helping to cement his reputation as one of the country's most radical prosecutors, and he's doing it in one of America's largest cities. His progressive approach didn't come out of nowhere, though.

Krasner's decades of experience in the defense bar -- as opposed to rising through the ranks of prosecutors -- have provided him with a unique perspective on the social and racial impacts of the drug war, one deeply at odds with the law-and-order views of most DAs. For 30 years, Krasner represented the poor, the oppressed, and the brutalized, filing civil rights and police brutality lawsuits.

He often represented protestors and activists, including 400 people arrested at the 2000 Republican National Convention, AIDS activists, and members of the Black Lives Matter movement. He helped hundreds of imprisoned on false charges by a notoriously corrupt drug squad. And he sued the Philadelphia police dozens of times in civil rights and police brutality cases. This is not the career path of your average DA.

In an early sign that a new era is at hand, one of Krasner's first acts was to demand the resignations of 31l ine prosecutors and supervisors he saw as obstructionist and to see them escorted from the building to ensure they didn't take anything with them other than personal effects. Krasner said he made the quick move on the advice of Houston's reformist DA, Kim Ogg, who told him that when she gave inherited personnel two weeks' notice she would be asking for resignations, recalcitrant employees deleted massive amounts of emails, wiped hard drives, and took other steps to sabotage her efforts.

Critics called his move a purge, but for Krasner, it was lessons learned: "We had some awareness from working as attorneys in this city -- and interacting with people [in the office] -- of who was really never going to get with this program," he says. "I felt we couldn't take the risk that there might be some effort at sabotage here."

Krasner got national attention the following month when he issued a revolutionary memo on prosecuting policies designed to "end mass incarceration and restore balance to sentencing." The memo said prosecutors must decline certain charges, namely marijuana possession and prostitution. The ban on pot prosecutions held regardless of weight, and included not charging for paraphernalia or for getting caught buying weed. The ban on prostitution prosecutions applied to anyone who had fewer than three previous prostitution convictions; those with three or more convictions could be charged and sent to a special problem-solving court set up to get prostitutes out of the life.

Philadelphia had already decriminalized small time marijuana possession in 2014, but police continued to arrest people for larger amounts and under a rarely used state law making it a crime to purchase the drug. Krasner's memo brought a further decline to already dramatically shrinking marijuana arrests numbers, mainly by ending the prosecutions for buying it.

Arrests for that offense haven't completely vanished, as police continue to make them despite knowing they won't be prosecuted, but 2018 saw a 30 percent decline in such busts. Still, racial disparities persist: Blacks made up 85 percent of all arrested pot buyers.

The memo more broadly called for plea bargains to have the lightest sentences possible under state guidelines and, most dramatically, mandated that prosecutors assess how much the defendant's incarceration would cost and why it was worth spending public money on it.

He has worked assiduously to ensure that city residents who unlawfully had cash or property seized under a city asset forfeiture program deemed unconstitutional by the court are made whole. His office is administering a $3 million fund for victims of the city's lawless practices, which saw thousands of people lose their homes, cars, cash, and other property to profit-driven policing and prosecutions.

"What happened was that there was a 'keep what you kill' approach," Krasner said. "And all that it did was incentivize prosecutors to always try to take grandma's house, always try to take a working person's car, and often to do it simply because someone's nephew did something illegal out of the basement. And the owner, who may have been at church, didn't know."

Most recently, a May 1 interview that Krasner did for Axios on HBO that will air next month was teased by with the headline "Scoop: Philly prosecutor may stop charging drug users as criminals" and this lede: "Philadelphia District Attorney Larry Krasner, one of the most progressive district attorneys in the country, told 'Axios on HBO' that he is 'very close' to implementing a policy that would relax the penalties for drug possession laws."

"One of the things we're looking at is essentially diverting all possession of drugs cases," he said in the interview. "Possession is different than dealing. It's different than carrying a bunch of drugs that you intend to sell or deliver later… We are talking about people who are using drugs, the vast majority of them suffering from addiction. I do not see value in convicting people like that, thereby making it harder for them to get a job."

The Axios interview garnered lots of attention, but Axios -- and many of the outlets that ran with the story -- oversold it as Krasner endorsing drug decriminalization. Even Krasner isn't quite ready to go that far, although it's an approach that has worked in Portugal for nearly 20 years.

Instead, Krasner spokesman Ben Waxman said late last week that Axios got the story wrong. Krasner was talking diversion, not decriminalization, Waxman said. Diversion means people charged with drug possession could enter a treatment program and, if they successfully completed it, end up with no prison time and no criminal record. Decriminalization means they wouldn't be arrested and charged in the first place. "The Axios piece really conflated a bunch of different stuff," Waxman said. "I don't think they understood the difference between diversion and decriminalization."

Axios is sticking to its guns, though. "Axios went to extraordinary lengths to clarify the specifics of this story with Krasner's team, as well as other experts, to ensure the article's accuracy given the complexity and nuances of the topic," a spokesperson wrote in a statement. "This interview was recorded on video. We stand by our reporting."

Meanwhile, drug diversion is already going on in Philadelphia -- last year almost half of the 5,458 arrests for drug possession ending up in already existing diversions programs -- so Krasner was actually talking about expanding existing programs. That's a good thing, but not nearly as sexy or sensational as drug decriminalization.Still, Larry Krasner has been a model of what a progressive prosecutor can do, and he's got time to do more. But maybe he should take a couple weeks off and visit Portugal.

This article was produced by Drug Reporter, a project of the Independent Media Institute.

5 Things We Now Know After 5 Years of Legal Marijuana in Colorado [FEATURE]

It's been five years since the era of legal marijuana sales began in Colorado, and that's been enough time to begin to be able to see what sorts of impact the freeing of the weed has had on the Rocky Mountain State. From the economy and the fiscal health of the state government to law enforcement and public safety, legalizing marijuana has consequences.

Denver's skyline (Creative Commons)
Thanks to marijuana sales reports and tax revenue reports from the state Department of Revenue, as well as a legislatively mandated biennial report from the Division of Criminal Justice, we can see what some of those consequences are.

1. They sure buy a lot of weed in Colorado, and the state's coffers are filling up with marijuana tax revenues. Total marijuana sales in the state were more than $683 million in 2014—the year legal sales began—and have since more than doubled to more than $1.4 billion last year. Since legalization, the amount of legal weed sold in the state has now topped $6 billion. That's created nearly 20,000 jobs, and it has also generated more than $900 million for the state government in marijuana taxes, licenses, and fees. Tax revenues have increased every year since legalization and those dollars help fund public school projects, as well as human services, public affairs, agriculture, labor and employment, judicial affairs, health care policy, transportation and regulatory affairs. Pot revenues still only account for one percent of state revenues, but every $900 million helps.

2. Marijuana arrests are way down, but black people are still getting busted disproportionately. Even though pot is legalized, there are still ways to get arrested on a marijuana charge, such as possessing more than an ounce or selling or growing unlicensed weed. Still, arrests have declined dramatically, dropping by 56 percent during the legalization era. Both possession and sales offenses declined, but arrests for unlawful production were up markedly, reflecting the state's continuing fight to eliminate the black market. The age group most likely to get busted was 18-20-year-olds, who can only legally use or possess marijuana if they have a medical card. They are getting busted at a rate 30 times that of adults. Arrests are way down among all ethnic/racial groups, but black people are still getting arrested for pot at a rate nearly twice that of whites.

3. Legalization has not led to more traffic fatalities. While the number of car drivers in fatal wrecks had marijuana in their systems has increased dramatically, the report notes that “detection of cannabinoid in blood is not an indicator of impairment but only indicates presence in the system.” Marijuana DUIs were up three percent, but fatal traffic accidents involving marijuana-impaired drivers actually decreased by five percent.

4. Use rates are up slightly among adults, but not among teens. The number of adults who reported using marijuana in the past 30 days has increased by 2 percent, with nearly one-fifth of men reporting past month use. That's almost double the number of women reporting past month use. These are high rates of use compared to the nation as a whole, but the state has always had relatively high use rates, even dating back before legalization. (There is a chicken and egg question here: Do Coloradans like to smoke pot because weed is legal or is weed legal because Coloradans like to smoke pot?) But what about the kids? Well, the kids are alright. Marijuana use rates among middle and high school students have been unchanged since legalization, and so have graduation rates.

5. Emergency room visits linked to marijuana increased. Some 575 people presented to hospitals with marijuana-related problems back in 2000, but that number jumped to more than 3,500 by 2016. Emergency room visits and calls to poison control centers were both up. It's important to note, however, that the vast majority of marijuana-related ER visits are related to panic or anxiety reactions and end with the patient eventually calming down and going home. Marijuana ER visits are not life-The rise is also likely a function of new, naive users, especially of edibles, biting off more than they can chew.

ACLU Files Lawsuit Against San Francisco Cops for Targeting African-Americans in Drug Busts [FEATURE]

San Francisco's Tenderloin is a heavily populated, racially mixed neighborhood in the heart of one of America's iconic progressive cities. Yet when the San Francisco Police Department and the DEA targeted the neighborhood to crack down on drug dealing between 2013 and 2015 as part of "Operation Safe Schools," the only people they managed to roll up were black.

hustling in the Tenderloin (SFPD surveillance video screen grab)
When 37 black defendants -- and no defendants of any other race -- got hauled away, nobody noticed. That is until the defendants started showing up looking for federal public defenders. The federal public defenders noticed, and they began making noise about racial disparities and selective enforcement of the drug laws.

Their charges only grew louder with the posting in 2015 of undercover police surveillance video to YouTube revealing a police officer muttering "fucking BMs," police code for black males, as he monitored a group of young men on the street. The video also apparently showed an undercover informant turning down drugs being offered by an Asian woman to instead buy drugs from a black woman.

In January 2017, 12 of those charged in the operation won a discovery motion from a judge who found there was "substantial evidence suggestive of racially selective enforcement" in their arrests. Instead of allowing the proceedings to continue so a full accounting of police conduct could occur, prosecutors instead dropped the charges.

At the time, the presiding judge, US District Court Judge Edward Chen, made clear that while he was granting the dismissals because they were in the best interest of the defendants, he was concerned that doing so would prevent the allegations of police bias from being aired.

"These are serious issues, serious allegations regarding claims of discriminatory enforcement patterns," Chen said. "I think the defendants in this case have raised a very substantial prima facie case that, at the very least, raises some serious questions that would warrant a response and a full airing of the issues."

Now, a year and a half later, the ACLU of Northern California on Thursday filed a federal civil lawsuit on behalf of six of those rolled up in the busts. The lawsuit alleges the plaintiffs were targeted because of their race and cites a survey of Tenderloin drug users to bolster its case. That survey found racial diversity among Tenderloin drug sellers. About half were black, but 20 percent were Latino and 17 percent were white.

The lawsuit is "an opportunity to hold the actors in the San Francisco Police Department and the city itself accountable for the police department's longstanding practices of engaging in racially discriminatory law enforcement," said ACLU attorney Novella Coleman, who is representing the plaintiffs.

It's also about financial relief for the plaintiffs, Coleman allowed. "The court will determine how to monetize that," she said.

Not an Anomaly

Racially biased policing is nothing new in San Francisco. In fact, as Ezekiel Edwards, director of the national ACLU's Criminal Law Reform Project, pointed out in a post announcing the lawsuit, the city has the dubious honor of setting precedent for the idea that law enforcement targeting people based on their race is unconstitutional. In an 1886 case, Yick Wo v. Hopkins, the city attempted to deny laundry permits to Chinese people while granting them to non-Chinese. Such an action could only be explained by the city's "hostility to the race and nationality" of the applicants, a violation of the 14th Amendment's guarantee of equal protection under the law.

Fast forward to the 21st century, and the evidence that the city's penchant for targeting non-whites for harsher treatment remains intact just keeps piling up. Numerous studies in the past few years have documented racially biased policing practices, including a 2002 ACLU report on SFPD racial profiling and a city-commissioned study by a national expert on biased policing.

Those studies uncovered a range of bias-related problems and made concrete recommendations for reform. Those were ignored. As the rotten policing practices festered, more reports detailing racial and ethnic disparities across the criminal justice system came out in 2013 and 2015.

Then, in 2015, as "Operation Safe Schools" was winding down, SFPD was hit by a new scandal when officers were caught exchanging racist text messages. Some used the N-word, others referenced cross burnings. Officers were caught calling black residents "savages," "wild animals," and "barbarians," and one officer told his sergeant "All n[ -- ] must fucking hang." Another officer sent a text with an image of a white man spraying a black child with a hose above the caption "Go be a n -- somewhere else."

That finally got the attention of city fathers -- as well as the Obama-era Justice Department. The city district attorney convened a Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement that documented SFPD's history of racially disparate enforcement and concluded that it was "in urgent need of important reforms." In 2016, the Justice Department weighed in with its own report finding that the department still engaged in racially biased policing, especially around traffic stops and police use of deadly force.

It's Not Just San Francisco

The ACLU's Edwards concisely makes the case that San Francisco is no exception when it comes to racially biased policing:

"Unequal treatment by race is commonplace among police departments large and small in cities across a range of ideological leanings. This is the reason for the racial profiling lawsuits filed in New York City, Chicago, Philadelphia, and Maricopa County, Arizona. This is the motivation, prior to Attorney General Jeff Sessions, for Justice Department consent decrees seeking to end racially discriminatory police practices in Seattle, Los Angeles County, New Orleans, Baltimore, Newark, East Haven CT and Ferguson MO. This is why the ACLU has found racial disparities in marijuana possession arrests across the country, in drug possession arrests more broadly, in stops and frisks in Boston, in seatbelt enforcement in Florida, and in arrests for low-level offenses in Minneapolis."

When will things ever change?

This article was produced by Drug Reporter, a project of the Independent Media Institute.

Chronicle AM: Senate Passes Opioid Bill, CA Cops Face Racial Profiling Charges, More... (10/4/18)

Congress sends an omnibus opioids bill to the president's desk, the DEA has another Colombia scandal, the San Francisco police and Los Angeles sheriff's deputies face charges of racial profiling, and more.

Congress has sent an omnibus opioids bill to the president's desk. (Creative Commons)
Medical Marijuana

Florida Judge Blocks Medical Marijuana License Process. A Tallahassee judge Wednesday agreed to block state health officials from moving forward with the application process for medical marijuana licenses. Leon County Circuit Court Judge Charles Dodson two months ago had found the state's licensing cap "directly contradicts" the amendment legalizing medical marijuana in the state and had set a Wednesday deadline for either health officials or the legislature to resolve deficiencies in the law. When that didn't happen, Dodson issued a verbal order halting the application process.

Utah Medical Marijuana Initiative Backers Reach Deal With Legislative Leaders, LDS Church Representatives, and Utah Medical Association. Backers of the Utah medical marijuana initiative joined other organizations and lawmakers at a press conference Thursday to announce they have reached an agreement on an alternative medical cannabis law that will be enacted in a special session following the election. Proposition 2 will still appear on the 2018 ballot, but it will no longer determine the final outcome for Utah medical cannabis patients. Instead, a compromise medical marijuana bill will be enacted during a special session after the 2018 election,

Heroin and Prescription Opioids

Senate Overwhelmingly Approves Sweeping Opioids Bill. The Senate Wednesday approved a sweeping opioids package on a 98-1 vote. The bill now goes to the desk of President Trump. The omnibus opioids bill combines dozens of smaller proposals and expands and reauthorizes programs and policies across the federal government, as well as creating new programs aimed at treatment, prevention, and recovery. One portion of the bill likely to have a big impact requires US postal inspectors to screen packages shipped from overseas -- mainly from China -- for fentanyl. The bill passed the House last week.

Law Enforcement

DEA Colombia Staff Facing Three Separate Misconduct Probes. At least three DEA agents based in Bogota have left in recent months amid separate investigations into alleged misconduct. One is accused of using government resources to hire prostitutes. Ironically, that agent, Robert Dobrich, the agency's top-ranking official in Latin American, was brought in in 2015 in the wake of a scandal about agents participating in sex parties with prostitutes. A former DEA agent assigned to Colombia, Jose Irizarry, is being investigated for passing information on to drug cartels. Irizarry resigned after his activities in Cartagena were curtailed earlier this year. Meanwhile, Dobrich's deputy, Jesse Garcia, is accused of having a sexual relationship with a subordinate.

ACLU Sues San Francisco Police Over Racially Motivated Drug Arrests. The ACLU of Northern California has filed a lawsuit on behalf of six black people arrested during anti-drug operations in the Tenderloin between 2013 and 2015. The six were among 37 arrested in the stings -- every one of whom was black -- and federal public defenders raised concerns over selective enforcement. The lawsuit cites a survey of Tenderloin drug users that found about half were black, but 20% were Latino and 17% were white. Charges against 12 of those arrested were dropped in January 2017 after a judge found there was "substantial evidence suggestive of racially selective enforcement, but the dropping of the charges meant a full accounting of police misconduct never happened.

Los Angeles County Deputies Accused of Racially Profiling Hispanics in I-5 Traffic Stop Drug Searches. LA County deputies stopped thousands of Latinos on the I-5 freeway in hopes of making their next drug bust, the Los Angeles Times reported Thursday. The sheriff's Domestic Highway Enforcement Team seized lots of drugs, but it also searched the vehicles of more than 3,500 drivers who had no drugs or other illegal items, the overwhelming majority of them Latino. Some of the teams' drug busts have been thrown out of federal court as the credibility of deputies came under fire and judges found they violated the rights of motorists by conducting unconstitutional searches. The Times examined data from every traffic stop done by the team from 2012 through 2017 -- more than 9,000 of them -- and found that Latinos accounted for 69% of stops, and that two-thirds of Latinos had their vehicles searched, compared to less than half of other drivers. Though Latinos were much more likely to be searched, deputies found drugs or other illegal items in their vehicles at a rate that was not significantly higher than that of black or white drivers. The sheriff's department said racial profiling "plays no role" in the deputies' work.

International

Canada Drug User, Advocacy Groups Call for Opioid Decriminalization. Some 93 groups representing drug users assembled in Edmonton this week have called for the federal government to move toward decriminalizing opioids. The coalition is calling for Ottawa to expand legal access to safe drugs for people with substance use disorder, decriminalize possession of all drugs for personal use, and expand the availability of harm reduction services.

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