Breaking News:EVENT: "The Continuing Detention of Senator Leila de Lima," UN Human Rights Council, Geneva and Online

Race

RSS Feed for this category

Chronicle AM: CA Senate Passes SIS Bill, Black Vets More Likely to Be Drug Tested, More... (8/22/18)

Louisiana doctors could soon treat more medical marijuana patients, black VA patients on opioid therapy are more likely to be drug tested and have their treatment halted for illicit drug use than whites, a Georgia judge throws out a heroin murder conviction, and more.

A facility like Vancouver's InSite could be coming to San Francisco. A bill to make it happen is moving in Sacramento. (CC)
Medical Marijuana

Louisiana Regulators Weight Raising Limit on Number of Patients Doctors Can Treat. The state Board of Medical Examiners is set to boost the number of medical marijuana patients a single doctor can treat. The board set a limit of 100 patients per doctor in 2016, but Vincent Culotta, the board's executive director, said the limit will be raised at the board's meeting next month. "We realize we're going to have to increase that number," he said.

Oklahoma Judge Rules Implementation of Medical Marijuana Rules Can Proceed. Cleveland County District Court Judge Michael Tupper ruled Tuesday that the Board of Health can proceed with implementing the state's medical marijuana rules and regulations. He ruled against a lawsuit by more than a dozen Oklahoma patients and businesses who challenged the rules. The decision Tuesday does not end the case. The judge could still throw out some or all the challenged rules at a later date or choose to leave them alone again. Another legal challenge is still pending in Oklahoma County District Court.

Heroin and Prescription Opioids

Study Finds African-American VA Patients More Likely to Be Drug Tested, Have Prescriptions Stopped. Black VA patients on long-term opioid therapy are more likely to be drug tested by their doctors and much more likely to have their opioid prescriptions halted if any illegal drug use is found, a new study finds. About 25% of black patients were tested within six months of being prescribed opioids, while only 16% of whites were. Black patients were twice as likely as white ones to have their opioid therapy halted if they tested positive for marijuana and three times as likely if they tested positive for cocaine. The findings were published in the journal Drug and Alcohol Dependence.

Georgia Judge Dismisses Indictment in Heroin Overdose Death. A Georgia judge has dismissed a murder indictment against a man accused of injecting heroin into another man who overdosed and died. In the case, Superior Court Judge John Goger found that the defendant injected the fatal dose at the victim's request and that the victim had purchased the drug himself. Goger held that that didn't amount to heroin distribution by the defendant, and without the underlying drug felony, there is no felony murder.

Harm Reduction

California Senate Passes Bill to Permit Safe Injection Sites in San Francisco. The state Senate Wednesday approved Assembly Bill 186, which would allow San Francisco to implement a safe injection site. AB 186 permits San Francisco to establish facilities where individuals can use controlled substances under the supervision of staff that are trained to treat and prevent drug overdose and link people to drug treatment, housing, healthcare, and other services. Mayor London Breed, the San Francisco Board of Supervisors, as well as a significant majority of the San Francisco electorate, support piloting safe injection sites in San Francisco.

There’s a Surprising Obstacle to Ending Marijuana Prohibition in New Jersey

New Jersey Gov. Phil Murphy (D) campaigned on, among other things, a promise to legalize marijuana in his first 100 days in office. That didn't happen. It may not happen at all this year, and state Sen. Ronald Rice (D) is one major reason why.

New Jersey state Sen. Ronald Rice (NJSenDems via YouTube)
Marijuana legalization advocates led by Senate Judiciary Committee Chairman Nicholas Scutari (D-Cumberland) and Senate President Steve Sweeney (D-Gloucester) filed a pair of bills this session, S 2702 and S 2703 that provide lawmakers a framework for legalization, but opposition from the likes of Rice has blunted forward momentum so far.

Rice represents part of Newark, a district more than half black, and is the head of the state's Legislative Black Caucus. He is also a major anti-marijuana legalization advocate, with an array of arguments from the depths of Reefer Madness.

He most recently made headlines last week with his hyperventilating warning that if pot is legalized, Garden Staters will be faced with the prospect of -- gasp! -- "sex toys and oils with marijuana," and it could be happening right in his face.

"If in fact we legalize recreational marijuana, right across the street from my office they're going to put up stores," Rice told NJTV. "They want to call them dispensaries, but they're going to be stores that do retail selling cupcakes with marijuana, candies with marijuana, sex toys and oils with marijuana, lipsticks with marijuana, all those kinds of products that kids can get and people can get."

It's not clear why Rice thinks "kids" will be able to get marijuana products, or get them more easily than they could before. When marijuana is legalized, it has only ever legalized for adults -- not kids.

He also made a muddled attempt to deploy the discredited gateway theory that marijuana use leads to hard drug use, arguing that, "When you legalize marijuana recreationally, the number of people who've never used any type of drugs goes up substantially in terms of drug use." Say what?

Rice recognizes the devastating impact that racially biased marijuana law enforcement has on the state's minority communities -- the New Jersey ACLU reported last year that between 2000 and 2013, black residents were arrested at a rate nearly three times that of whites, even though both groups used weed at similar rates -- but says the answer is decriminalization, not legalization.

He has even filed a bill this year that would decriminalize the possession of up to ten grams, but that would also enable the state to force some marijuana users into drug treatment.

"I still want to deter people from doing something that's bad for them," Rice explained to Gothamist back in April. "If you get too high, you die from it. It kills you directly if it's too potent."

Of course, there is no known case of anyone dying from a marijuana overdose, but somebody forgot to let Rose on the secret.

In that same Gothamist interview, Rice unleashed a Gish gallop of problems he claimed would be unleashed by legal (but not decriminalized?) marijuana: Babies born with THC in their brains, businesses desperate for workers who could pass drug tests, people cashing in food stamps to score weed, drug cartels getting in the legal pot businesses, an army of drug addicts as pot smokers escalate to harder drugs, and devastated inner cities, among other looming calamities.

Rice also took his anti-legalization views to Washington, DC -- on April 20th of all days -- along with Bishop Jethro James Jr. of Newark's Paradise Baptist Church and former Democratic US Rep. Patrick Kennedy to join up with the pot prohibitionist Project SAM (Smart Approaches to Marijuana) at a press conference to blunt legalization moves.

The senator was in typical form there, warning that people already go hungry to buy drugs and that those numbers will only increase if it's easier to access legal marijuana. Rice also raised the specter of lethal violence if white college students from outside Newark come into the city in search of drugs or if blacks from the city go to white suburban towns to buy legal weed.

"Somebody's going to get killed," he said.

Rice has been in the state Senate since 1986, has won reelection easily in his heavily Democratic district, and didn't even face a primary challenger this year. He may be progressive on some issues, but on other issues, he displays the same reactionary tendencies he has displayed around marijuana. He was one of only two Democrats in the Senate to vote against bills legalizing same-sex marriage in 2009 and 2012. It may be time for District 28 voters to start looking for a senator from this century.

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

Chronicle AM: MO MMJ Inits Hand in Beaucoup Signatures, OH Racial Profiling Drug Dogs, More... (5/7/18)

Two separate Missouri medical marijuana initiatives appear set to qualify for the November ballot, the Utah medical marijuana initiative is generating organized opposition -- including the DEA -- Canada's prime minister says it's full steam ahead for marijuana legalization, and more.

Black drivers in Ohio are more likely to get drug dogs sicced on them than white ones, official data shows. (Wikimedia)
Medical Marijuana

Missouri Initiative Campaigns Hand in Many Signatures. New Approach Missouri and Find the Cure, the folks behind a pair of medical marijuana initiatives (they differ only on how regulations would work and where tax dollars would go), announced last Friday that they had handed in roughly double the number of signatures they need to come up with 160,000 valid voter signatures. Find the Cure said it had handed in more than 300,000 signatures, while New Approach Missouri said it had handed in more than 370,000. Although initiative petitions occasionally see half of their signatures get disqualified, it's far more typical for them to lose a third. If both initiatives make the ballot, the one with the most votes on election day wins.

Michigan Regulators Recommend Approving 10 New Qualifying Conditions. The state's Medical Marihuana Review Panel has recommended the approval of 10 new conditions that could qualify people to use medical marijuana. That's out of a list of 22 conditions people had asked the panel to review. The conditions include obsessive compulsive disorder, arthritis and rheumatoid arthritis, ulcerative colitis, inflammatory bowel diseases, Parkinson's, Tourettes, spinal cord injury, autism, and chronic pain. The recommendations now go to Shelly Edgerton, the director of the Department of Licensing and Regulatory Affairs, who has until July 10 to make a final decision.

Utah Medical Marijuana Initiative Gets Organized Opposition, Including the DEA. Organized opposition to the Utah Patients Coalition's medical marijuana initiative has emerged, and it includes a local DEA task force, raising questions about a federal agency interfering in a state-level ballot question. Drug Safe Utah is recruiting paid canvassers to try to get voters who signed initiative campaigns to retract their signatures. Its members include the Utah Medical Association and the DEA's Salt Lake City Metro Narcotics Task Force.

Heroin and Prescription Opioids

Three Democratic Senators Urge FDA to Pull High-Dose Opioids from Market. Sens. Joe Manchin (D-WV), Dick Durbin (D-IL), and Ed Markey (D-MA) are urging the Food and Drug Administration (FDA) to remove ultra-high dose opioids from the market because of concerns about "accidental ingestion, borrowed medication, and recreational use." The senators said patients who need high dose opioids could just take more pills, patches, or other formulations. "We believe these ultra-high dose opioids can be removed from the market without imposing hardship on those with legitimate pain needs," the senators wrote. But the Academy of Integrative Pain Management disagreed, saying the pulling the high dose opioids would "in some situations, create a greater danger because patients would be required to have several times more pills available to meet their needs. The burden of this would fall on the sickest patients, including those with cancer and/or receiving palliative/hospice/end-of-life care, whose quality of life would be diminished."

Racial Profiling

Ohio Highway Patrol More Likely to Use Drug Dogs on Black Drivers. The Associated Press has examined records on highway stops that show the state Highway Patrol uses drug-sniffing dogs on black drivers at a disproportionate rate. Blacks account for about 13% of the state population and 14% of drivers stopped by troopers, but 28% of stops where drug dogs were used. The AP made the records request after a federal appeals court criticized the arrest of a black driver on the Ohio Turnpike in 2014 and threw out the evidence used to convict him.

International

Canadian PM Says Marijuana Legalization Plan Will Proceed Without Delay. Prime Minister Justin Trudeau said last Thursday that his plan to legalize marijuana this summer will proceed without delay, despite misgivings being voiced in the Senate. "We're going to continue to move forward. We're going to bring in legalization as we've committed to this summer on schedule," Trudeau said.

Nigeria Bans Codeine. Responding to the rising recreational use of codeine-based cough syrups, the Nigerian federal government last week banned further imports of codeine into the country. The move comes as the country attempts to rewrite its drug and mental health policies.

Chronicle AM: MD MedMJ Bill Passes, Israeli MedMJ Sales to Begin on 4/20, More... (4/10/18)

New Mexico's largest city ends civil asset forfeiture, a Maryland medical marijuana expansion bill has passed the legislature, select Israeli pharmacies will soon begin selling medical marijuana products, and more.

Medical Marijuana

Maryland Legislature Passes Medical Marijuana Expansion Bill. The Senate on Monday gave final approval to a bill that would increase the number of licenses for medical marijuana growers from 15 to 20 and the number of licenses for processors from 15 to 25 -- largely in a bid to increase minority business ownership in the industry. None of the companies licensed so far has a black owner. House Bill 0002 has already passed the House and goes now to the desk of Gov. Larry Hogan (R).

Asset Forfeiture

Albuquerque to End the City's Civil Asset Forfeiture Program. New Mexico's largest city will quit seizing people's property unless there is a criminal conviction first. This decision brings the City in compliance with New Mexico state law and comes on the heels of a decision by a US District Court Judge James Browning that said that "the city's ordinance violated federal due process protections and the 2015 state law which said governments can't seize a person's property unless there is a criminal conviction in the case." The state passed asset forfeiture reform in 2015, but the city of Albuquerque refused to obey the state law -- until now.

International

Canadian Conservative Senators Want to Kill Home Cultivation. As a vote looms in the Senate on the Liberals' marijuana legalization bill, some Conservative senators are talking about filing an amendment to ban home cultivation, as well as other nibbling at the edges of the bill. "Senate Conservative Caucus will be looking at making recommendations on various legislative voids, including: driving under the influence; public consumption; home grow; outdoor grow; detection of high concentration of marijuana; border crossing …," wrote Sen. Larry Smith. Any amendments from the Tories would need support from independent counterparts to pass any amendments. The Senate currently has 12 Liberals, 43 independents, 33 Conservatives and five nonaffiliated members. The vote on the legalization bill is set for June 7.

Israeli Pharmacies to Begin Selling Medical Marijuana Products on 4/20. Surely it's just a coincidence, but select Israeli pharmacies will begin selling prescription medical marijuana products beginning April 20. Some 20 pharmacies will participate in the pilot program for regulated medical marijuana sales. The move is the result of marijuana reforms led by the Ministry of Health and approved by the government in 2016.

Chronicle AM: 11K Tainted MA Drug Cases Thrown Out, Chronic Pain Patients to Rally, More... (4/6/18)

Chronic pain patients will be rallying at state capitals Saturday to demand they not be sacrificed on the altar of the war on opioids, Massachusetts throws out 11,000 drug cases linked to a disgraced state lab chemist, and more.

For the second time, a disgraced state drug lab chemist has cost Massachusetts thousands of drug convictions. (af.mil.gov)
Marijuana Policy

New Jersey Group Pushes for More Minorities in Marijuana Business. The New Jersey Minority Alliance has been in talks with Sen. Nicholas Scutari (D), the lead sponsor of the marijuana legalization bill, Senate Bill 30, about revising it to expand minority inclusion. The group has a Social Equity Program under which communities adversely affected by the drug war would be given special consideration to establish marijuana operations. The plan would also remove barriers to entry related to prior drug arrests. Scutari says he finds the plan "interesting."

Heroin and Prescription Opioids

Chronic Pain Patients to Rally on Saturday. Concerned that the crackdown on prescription opioids in the midst of the country's opioid problem is leaving them without sufficient access to pain medications, chronic pain patients will be rallying in 45 state capitals on Saturday. The Don't Punish Pain Rally aims to fight the stigma against people with chronic or intractable pain and bring awareness to the many suffering under new prescription guidelines. "Our government really doesn't belong intruding into the physician-patient relationship and that's what's happening, said Deborah Toucheshawks, one of the senior rally organizers. "When I get a message [that] my family member has end-stage cancer and they won't give him anything for pain and now he wants to kill himself, that's a problem."

Criminal Justice

Massachusetts Court Throws Out 11,000 Drug Convictions Tainted By State Chemist. The state's highest court on Thursday threw out more than 11,000 drug convictions where evidence was tainted by being analyzed by disgraced state chemist Sonja Farak. Farak had worked as a chemist at the state's Amherst drug lab from 2004 until 2013, when she was arrested for stealing cocaine from the facility. She later admitted that during that entire period, she treated the drug lab's evidence supply as her own personal stash and tested seized drugs while under the influence of meth, cocaine, ketamine, ecstasy on a daily basis. Farak isn't the first state lab chemist to flame out and cost the state thousands of convictions. Last year, more than 21,000 convictions were thrown out in cases linked to Annie Dookhan, who admitted doctored the results of about one is six drug cases tried in the state between 2003 and 2012.

Chronicle AM: Canada Legal Marijuana Delayed, Federal Sentencing Reform Bill Advances, More... (2/16/18)

Conservative senators slow down Canada's move to marijuana legalization, the Senate Judiciary Committee passes the sentencing reform bill, an Arizona bill would make felons of doctors who are lax about medical marijuana rules and laws, and more.

We'll have to put that flag back in the closet for a few more weeks. (Wikimedia)
Marijuana Policy

GOP Senator Ends Hold on DOJ Nominees Over Sessions Policy. Sen. Cory Gardner (R-CO) announced Thursday he had ended a two-month hold on some Justice Department appointments he began to protest Attorney General Jeff Sessions' move to rescind Obama-era policies largely leaving state-legal marijuana alone. The announcement came after Gardner received unspecified assurances from DOJ officials about the enforcement of federal drug law. When asked what he got for lifting the holds, Gardner told the Denver Post: "We've had very good, positive conversations about protecting states' rights and protecting the voters of Colorado's wishes."

Philadelphia DA Enacts No Prosecution Policy for Small-Time Possession. District Attorney Larry Krasner has dropped about 50 outstanding marijuana possession cases and announced that he will no longer charge people caught with small amounts. Krasner cited racial disparities in making the move: "Because we all know that these laws are not getting enforced at the Wawa in Chestnut Hill. These laws are getting enforced in neighborhoods that are poor and predominately black and brown," said Krasner.

Medical Marijuana

Arizona House Committee Approves Bill to Make Felons of Lax Pot Docs. The House Health Committee voted 6-3 Thursday on party lines to approve a bill that would make doctors who sidestep rules for medical marijuana recommendations guilty of a felony. Under the bill, doctors who violate any rule or law could get up to a year in prison. Under current law, they face only discipline from county medical boards. The measure, backed by arch-foe of medical marijuana Yavapai County Attorney Sheila Polk, is House Bill 2067.

Sentencing Reform

Federal Sentencing Reform Bill Wins Committee Vote. In a rebuff to Attorney General Jeff Sessions, who on Wednesday urged the bill's defeat, the Senate Judiciary Committee on Thursday approved the federal sentencing reform bill, S. 1917. The question now is whether Senate Majority Leader Mitch McConnell (R-KY) will allow a floor vote.

International

Canada Postpones Marijuana Legalization a Few Weeks. The Pierre Trudeau government's plan to have legal marijuana up and running by July 1 has hit a bump, and the anticipated date for legal commerce to begin has been pushed back by a matter of a few weeks. The bump occurred in the Senate, which set a schedule to consider the legalization bill that would not allow the government to hit the July 1 date.

Eight Things That Do (or Don't) Happen When We Legalize Marijuana [FEATURE]

The great social experiment that is marijuana legalization is now five years old, with six states already allowing legal marijuana sales, two more where legal sales will begin within months, and yet another that, along with the District of Columbia, has legalized personal possession and cultivation of the herb.

As a number of state legislatures -- including Connecticut, Delaware, New Hampshire, New Jersey, New Mexico, and New York -- seriously contemplate joining the parade this year, it's more important than ever to be able to assess just what impact marijuana legalization has had on those states that have led the way.

The prophets of doom warned of all manner of social ills that would arise if marijuana were legalized. From hordes of dope-addled youths aimlessly wandering the streets to red-eyed carnage on the highway, the divinations were dire.

So far at least, they were wrong. And while things will doubtless continue to evolve over the long term, as the industry matures, prices possibly drop, regulations change, and familiarity with legal marijuana grows, so far things are looking pretty encouraging. A report released Tuesday by the Drug Policy Alliance, From Prohibition to Progress, takes a long look at what has happened in the states have legalized it:

1. Marijuana arrests plummeted.

Well, of course. If there's one thing you could predict about legalizing marijuana, this is it. The decline in the number of pot arrests is dramatic: 98% in Washington, 96% in Oregon, 93% in Alaska, 81% in Colorado, 76% in DC. That means tens of thousands of people not being cuffed, hauled away, and branded with lifelong criminal records, with all the consequences those bring.

The savings in human dignity, liberty and potential are inestimable, but the savings to state criminal justice and correctional systems are not: The report puts them at hundreds of millions of dollars.

2. …But the racial disparities in marijuana arrests have not ended.

While marijuana legalization dramatically reduces the number of people arrested for marijuana offenses, it clearly does not end racially disparate policing. The vast disparities in marijuana arrests remain, even in legal states. Black and Latino people remain far more likely to be arrested for marijuana offenses than white people, despite similar rates of use and sales across racial groups. There is work to be done here.

3. A tide of teenage weed heads is not unleashed upon the nation.

High school kids in the earliest legalization states smoke pot at rates similar to kids in states that haven't legalized it, and those rates have remained stable. In the later legalization states, rates of teen use vary widely, but have mostly stabilized or declined in the years leading up to legalization. And in those latest states -- Maine, Massachusetts, Nevada, California -- regulatory programs are either not yet in place or so new they're unlikely to have effected youth use rates.

4. The highways remain safe.

In the earliest legalization states, Colorado and Washington, the total number of arrests for driving under the influence of alcohol and other drugs is down, and the crash rates in both states are statistically similar to states that haven't legalized it. In fact, there seems to be no correlation between legalization and crash rates.

5. States with legal marijuana have lower rates of opioid-related harms.

In Colorado, an upward trend in overdoses began to decline after 2014, the first year of retail pot sales in the state. Other positive indicia come from medical marijuana states, which report a nearly 25% drop in overdose death rates, a 23% reduction in opioid addiction-related hospitalizations and a 15% reduction in opioid treatment admissions.

6. Marijuana tax revenues are big -- and bigger than predicted.

Legalization states have collected more than a billion dollars in pot tax revenues -- and that's not counting the monster market in California, where recreational sales just began this month. Likewise, slow rollouts of taxed and regulated marijuana commerce in Maine and Massachusetts, mean no tax dollars have yet been generated there. In the states that do have legal pot sales, overall sales and tax revenues quickly exceeded initial estimates.

7. Marijuana tax dollars are going for good things.

Like $230 million to the Colorado Department of Education in two years to fund school construction, early literacy, school health, and bullying prevention programs. Likewise, schools in Oregon get 40% of the pot taxes and schools in Nevada will get $56 million in wholesale pot tax revenues. Oregon also allocates 20% of pot taxes for alcohol and drug treatment, while Washington kicks in 25%. In Washington state, 55% of pot tax revenues fund basic health plans.

8. Legal marijuana is a job creation engine.

The legal marijuana industry has already created an estimated 200,000 full- and part-time jobs, and that's before California, Maine, and Massachusetts come online. As marijuana moves from the black market to legal markets, weed looks like a growth industry and job generator for years to come.

"Marijuana criminalization has been a massive waste of money and has unequally harmed black and Latino communities," said Jolene Forrman, staff attorney at the Drug Policy Alliance and author of the report. "This report shows that marijuana legalization is working. States are effectively protecting public health and safety through comprehensive regulations. Now more states should build on the successes of marijuana legalization and advance policies to repair the racially disparate harms of the war on drugs."

In addition to reforming police practices to reduce racial disparities, the report also says there is more work to be done on fostering equity within the marijuana industry and points to models for doing so, such as the California provision that having a prior drug conviction can't be the sole basis for denying a marijuana license.

Having places where people can actually smoke legal marijuana also remains an issue, the report noted. Public consumption is not allowed in any of the legal states. It's a ticketable offense in some and a misdemeanor in others. Public use violations are also disproportionately enforced against people of color, and the imposition of fines could lead to jail time for poor people unable to pay for the crime of using a legal substance.

And what about the kids? The report notes that while legalization has generally resulted in reducing historically high numbers of young people being stopped and arrested for pot offenses, these reductions are inconsistent, and in some circumstances, young people now comprise a growing percentage of marijuana arrests. A model could be California, where kids under 18 can only be charged with civil infractions.

Legalizing marijuana may be necessary for achieving social justice goals, but it's not sufficient for achieving them. As this report makes clear, how we legalize marijuana matters, and that's still a work in progress. But so far, it's looking pretty good.

Montana Prosecutor Calls for "Immediate Crackdown" on Pregnant Drug and Alcohol Users [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Taking the war against pregnant women to a whole new level, a Montana prosecutor called this week for an "immediate crackdown" on women who use drugs or alcohol while pregnant; urged friends, family members, health care providers, and even strangers to turn in women they suspect to authorities; and warned drug- or alcohol-using pregnant women to "immediately self-report" to state health authorities to avoid criminal prosecution.

On the Crow Reservation, Big Horn County, Montana (Wikimedia)
Even though there is zero scientific evidence supporting policies of coercion and punishment directed to pregnant women, some jurisdictions, mainly in the South, have taken to prosecuting women who give birth to children with drugs in their system. That's not good enough for Big Horn County Attorney Gerald "Jay" Harris, who has concocted a toxic brew of anti-abortion and war on drugs ideology, along with a nice dollop of real world racial disparity, to call for prosecuting women while they are still pregnant -- and to go after them if they seek abortions to avoid prosecution.

In a Thursday press release, County Attorney Harris announced the crackdown, saying he will seek protection orders restraining pregnant women from any non-medically prescribed use of illicit drugs or alcohol, and those who violate the orders will be jailed to "incapacitate" them.

"It is simply not satisfactory to our community that the protection of innocent, unborn children victimized in this manner and subject to a potential lifetime of disability and hardship relies exclusively on social workers removing the child from the custody of the mother at birth," Harris explained. "This approach is not timely and has not proven to be a sufficient deterrent to this dangerous, unacceptable behavior and will no longer be the state's policy in Big Horn County."

Big Horn County, home to the Crow and Northern Cheyenne Native American reservations, is 60% Native American and only 33% white, including County Attorney Harris.

Harris called on both the reservations and other prosecutors in Montana to join him in his crusade, which National Advocates for Pregnant Women (NAPW) described in a statement as a "reckless call to hunt down pregnant women." The advocacy group said it was "shocked by this attack on the health, liberty, and basic human rights of women in Big Horn County."

Harris's statement "irresponsibly promotes medical and scientific misinformation, promotes an environment of fear and reflects a shocking disregard for the rights and well-being of women and families, NAPW charged.

NAPW warned that Harris has no legal authority to carry out such a policy, saying enforcement would violate state and federal law. It also had a heads-up for potential busy-bodies: "People who heed the prosecutor's call to report pregnant women and violate patient privacy and confidentiality may themselves be subject to legal action," the group advised.

As NAPW noted, policies of coercion and punishment directed at pregnant women are actually counterproductive. Such policies discourage them from seeking prenatal health care and may even drive some to seek abortions to avoid arrest. And this is where Harris's anti-abortion politics and view of women as essentially little more than incubators rears its head.

"In the event an expecting mother chooses to abort an unborn child instead of refraining from drug or alcohol use and litigation extends beyond our local courts, we trust Attorney General Fox will make the right decision on behalf of all Montanans and continue this fight to the extent necessary to ensure justice is afforded to the most vulnerable of our society," he warned.

The NAPW, for its part, is cautioning women against "self reporting" to government agencies that could incarcerate them and is further urging "every medical and public health provider in Big Horn County to immediately oppose this dangerous, unethical, and counterproductive policy." It is also encouraging everyone who supports the health, dignity, and human rights of pregnant women to contact Harris "to let him know you oppose this outrageous action."

Harris thoughtfully provided his office phone number on his press release. It is (406) 665-9721.

Federal Marijuana Justice Act Filed in House [FEATURE]

Attorney General Sessions' announcement last week that he was rescinding Obama-era guidance to federal prosecutors to generally leave law-abiding marijuana operations alone in states where it is legal has paradoxically had the effect of energizing the movement to legalize marijuana at the federal level. The latest evidence of the reaction came Wednesday, as Congresswoman Barbara Lee (D-CA) and Congressman Ro Khanna (D-CA) filed a legalization bill in the House.

Oakland's Democratic Rep. Barbara Lee (Wikimedia)
And it's not just any legalization bill. Their Marijuana Justice Act would help correct decades of injustice surrounding the discriminatory enforcement of marijuana criminalization laws in the United States.

"We intend to end this destructive war on drugs, and this legislation will do that," said Lee at press conference rolling out the bill. "It's a roadmap for ending the drug war, but it also begins to address mass incarceration and disinvestment in communities of color. It is an essential step to correcting the injustices of the failed war on drugs, namely racial disparities in arrests and incarceration."

In addition to ending federal marijuana prohibition by removing the drug from the DEA's list of controlled substances, the bill would allow anyone currently serving a sentence for drug possession to appeal for judicial review of his or her sentence. It would also use federal spending to incentivize states to reform their marijuana laws "if those laws were shown to have a disproportionate effect on low-income people and/or people of color."

That last provision is especially striking given that nearly every state disproportionately arrests and imprisons blacks for marijuana. With this language, the federal government could become an engine for state-level marijuana legalization instead of an impediment to it.

"This would force states with records of racial bias in arrests and sentencing to clean up their acts by cutting funds to the worst offenders," said Lee.

But even that would only begin to repair the damage done by the drug war, the Oakland congresswoman explained.

"It's not enough to just expunge records and end over-incarceration," Lee said. "Restorative justice is extremely important, and these victims of our failed policies deserve our support during the reentry process, too."

Rep. Ro Khanna (D-CA)
For bill cosponsor Rep. Ro Khanna (D-CA), it's the economics, but not just in the traditional sense of increased economic activity and tax revenues. While he pointed to the potential economic gains of legalization, he also highlighted the opportunity costs of pot prohibition and underlined provisions in the bill that would spend federal funds to invest in communities ravaged by the drug war.

"The estimates are that legalization would lead to a $40 billion a year industry, with a million jobs and $7 billion tax revenues, which would more than offset the $500 million in the bill to help invest in communities of color. It's a net gain for government and for job creation," Khanna noted.

"But the economic impact is so much broader," he pointed out. "How many people of color got arrested at 19, 20, or 25? That represents hundreds of millions of dollars in lost economic potential. With this bill, we're not just talking about legalization, but about giving people a second chance.

The Marijuana Justice Act is the House version of the bill introduced in the Senate earlier this year by Sen. Cory Booker (D-NJ), Senate Bill 1689. Booker was at Wednesday's press conference for the House version.

"There is a rush of enthusiasm for legalization," he said, "but it seems like hypocrisy and injustice if you legalize it but don't ty to undo the damage of the war on drugs. You can't get a Pell grant or a business or professional license for doing something three out of our last four presidents have admitted doing. The war on drugs is one of the greatest assaults on people of color since Jim Crow, and that's why this is a very happy day for me. We're trying to make this nation live up to is promise of liberty and justice, not just for the privileged few, but for all.

Sen.Cory Booker (D-NJ) filed the Senate version of the bill last August.
"I think we are seeing momentum growing," Booker continued. "People who were skeptics are being converted. A lot of people are aware of how unjust this has been, and now there is more confidence from seeing early state like Colorado be so successful."

Indeed. One of the most politically striking moments since the Sessions announcement was Colorado Republican Sen. Cory Gardner -- not a supporter of legalization -- taking to the Senate floor to excoriate Sessions over the move and vow to block Justice Department nominees until Sessions reverses himself.

"More than 30 states have passed marijuana reforms," said Lee. "The grassroots and democracy is working. You will see members of the House and Senate move forward because the public supports this. It can't be stopped."

"We are at a tipping point, with nearly two-thirds supporting marijuana legalization and an overwhelming 91% supporting medical marijuana, said Queen Adesuyi of the Drug Policy Alliance, which has been working closely with Booker and Lee on the bills. "Eight states have already legalized it, with Vermont and New Hampshire on the cusp. Yet, Attorney General Sessions continues to threaten the states. It's time to legalize marijuana, protect patients, and end federal marijuana prohibition."

While momentum is building, the bills both face an uphill battle in their respective chambers. The Booker bill, introduced last August, still has only one cosponsor, Oregon Democrat Sen. Ron Wyden, and there is no indication it will get even a committee hearing this session. Lee and Khanna's House version of the bill already had a dozen cosponsors on day one, but again, it is unlikely to get a hearing under the House Republican leadership.

But the legalization bills could fare better next year if the Democrats manage to take back the House and/or the Senate. And Jeff Sessions' war on weed could help them to do just that.

(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 web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Chronicle AM: Govs Seek Fed Help for Opioid Crisis, KY GOP Leader Files Legal MJ Bill, More... (1/18/18)

Governors call for more help with the opioid crisis from the federal government, a Kentucky GOP leader files a marijuana legalization bill, the ACLU of Montana warns an overzealous prosecutor, and more.

The nation's governors want Trump and the Congress to step up on dealing with the opioid crisis. (Wikimedia)
Marijuana Policy

Congressmen Reintroduce Bill to Protect Marijuana from Civil Asset Forfeiture. Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) reintroduced the Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act on Wednesday. The bill would block seized funds from being used to in the DEA's Domestic Cannabis Eradication/Suppression program. This year's version of the bill is not yet available on the congressional website, but the 2015 version is available here.

Kentucky Republican Leader Files Marijuana Legalization Bill. State Sen. Dan Seum (R-Fairdale), a member of the Republican leadership team, filed a marijuana legalization bill on Wednesday. The bill would allow people 21 and over to legally use marijuana, and it would also legalize the production and sales of pot. The measure is Senate Bill 80.

New Jersey Legalization Bid Must Overcome Democratic Wavering. Newly seated Democratic Gov. Phil Murphy vowed to legalize marijuana in his first 100 days in office, but he's going to have to whip some Democratic senators into shape first. At least a half dozen Democratic senators say they plan to vote against any legalization bill. The state Senate has 40 seats; the Democrats hold 25 of them. If all six Democrats actually vote no, that means passage would depend on at least two Republicans voting yes. There are two GOP senators, Chris Brown of Atlantic and Dawn Addiego of Burlington, who have said they are leaning toward supporting the bill.

Wisconsin Democratic Gubernatorial Candidate Would Pardon Marijuana Offenders. A leading contender for the Democratic gubernatorial nomination, former state Democratic Party chairman Matt Flynn, said Wednesday he would pardon all low-level, non-violent marijuana offenders if elected. Flynn has repeatedly called for marijuana legalization in the state.

Medical Marijuana

Georgia Voters Ready for Full-Fledged Medical Marijuana Program, Poll Finds. A new poll from the Atlanta Journal-Constitution finds that more than three-quarters of those surveyed want to see the state's limited medical marijuana program expanded. Some 77% said they want greater access to medical marijuana. The poll comes as the legislature considers a measure, House Bill 645, that would allow for medical marijuana dispensaries. The poll also found that support for recreational marijuana was at an all-time high in the state, with 50% saying legalize it.

Heroin and Prescription Opioids

Governors Call on Trump, Congress to Do More to Solve Opioid Crisis. In its first coordinated response to the opioid crisis, the National Governors Association called Thursday for the administration and Congress to provide more money and coordination to fight against it. "While progress has been made, the consequences of opioid addiction continue reverberating throughout society, devastating families and overwhelming health care providers, law enforcement and social services," the governors said as they released a set of 22 recommendations. Among other suggestions, the governors are calling for increased access to the overdose reversal drug naloxone, increased efforts to block illicit fentanyl shipments into the country, and a requirement that drug prescribers undergo substance abuse training and register to use state prescription monitoring databases.

Law Enforcement

Montana ACLU Vows to Challenge County DA's Crackdown on Pregnant Drug and Alcohol Users The ACLU of Montana said Wednesday it will fight any action by Big Horn County Attorney Jay Harris to arrest or incarcerate pregnant women based on alleged harm to the fetus. Harris announced last week that he would seek protection orders barring pregnant women from using any non-prescribed drugs or alcohol and seek contempt orders and jail for any woman who violates them. The ACLU called Harris's move "an egregious abuse of power" and noted that a similar effort in Ravalli County in 2014 was killed in the courts. "If these reports are accurate, then Big Horn County's 'crackdown' on pregnant women is not only counterproductive, paternalistic and cruel, it is also illegal. If your office actively attempts to enforce such a policy, ACLU is prepared to challenge those actions in Court," the group said in a letter sent to Harris.

Sentencing

New Jersey Enacts Law to Examine Racial and Ethnic Impact of Sentencing Changes. On his last day in office, former New Jersey Governor Chris Christie signed racial and ethnic impact statement legislation this week that will provide an opportunity for lawmakers to address the state's high rate of racial disparity in incarceration. Similar to fiscal or environmental impact statements, racial impact statements provide legislators with a statistical analysis of the projected impact of criminal justice policy changes prior to enactment. Armed with the data analysis, policymakers can make more informed decisions about public safety issues without aggravating existing racial disparities. Four other states -- Connecticut, Iowa, Minnesota, and Oregon -- have similar policies.

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, Vaping, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safer Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School