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US Citizens Dominate Fentanyl Trade, NV Regulators Approve More Social Consumption Lounges, More... (8/24/23)

Maine's congressional delegation is worried about alleged illegal Chinese marijuana grows, US Sentencing Commission statistics show that US citizens--not illegal immigrants--dominate the fentanyl trade, and more.

The US-Mexico border. Fentanyl is coming through ports of entry, not in immigrants' backpacks. (Creative Commons)
Marijuana Policy

Maine Congressional Delegation Asks Attorney General to Shut Down Alleged Chinese Marijuana Grow Operations. Responding to a "federal memo" circulating within the US Border Patrol that alleged there were 270 properties in the state linked to illegal Chinese marijuana grows and that they could generate $4 billion a year in revenue, the Maine congressional delegation on Thursday sent a letter to US Attorney General Merrick Garland (D) urging the Justice Department to shut down the grows

The "federal memo" is questionable. First released by the conservative media source The Daily Caller, the memo (as characterized by the Daily Caller) does not rely on federal statistics but on reports from state and local law enforcement. It also has some funny numbers, including the claim that a plot with 100 plants could generate $5.4 million over three growth cycles in a year. If you crunch the numbers, the comes out to $17,000 per plant per cycle, which would require multi-pound harvests of each plant every four months. Such yields are typically associated with long-growing outdoor plants harvested once a year, not hothouse plants harvested every four months.

Still, the congressional delegation was concerned: "These illegal growing operations are detrimental to Maine businesses that comply with State laws, and we urge the Department of Justice to shut them down," the Maine delegation wrote in Thursday’s joint letter to the nation’s top law enforcement official.

They also sought answers to several questions, including: who produced the memo, what is the Justice Department doing to tackle illegal grows, how are profits returning to the country of origin, and is Justice aware of alleged Chinese ownership.

Nevada Regulators Approve Three More Marijuana Consumption Lounges. The state's Cannabis Control Board on Tuesday approved three more applications for marijuana consumption lounges, raising the number of licenses issued so far to seven. The board approved licenses for Deep Roots Harvest and Global Harmony, which operate Las Vegas pot shops , as well as KV Group in the southern Nevada town Pahrump.

In June, the board issued the first three licenses, for Cheyenne Medical in unincorporated Clark County, Common Sense Botanicals Nevada in Washoe Valley, and Planet 13 in Las Vegas.

The board also loosened air-ventilation standards for consumption lounges, a move that came after operators complained that the large upfront investment  and ongoing energy costs of operating the ventilation systems were economically not feasible for most operators and near impossible for social equity licensees.

Also Tuesday, regulators loosened air-ventilation standards for marijuana consumption, which provided more clarity for operators to move forward with construction plans in one of the nation’s largest tourism markets.

Despite the licensing actions, the only legal consumption lounge currently open in the state is the NuWu Cannabis Marketplace located on tribal land near downtown Las Vegas.

Opiates and Opioids

Despite Widespread Belief That Migrants Are Smuggling Fentanyl from Mexico, Nine Out of Ten Fentanyl Trafficking Busts Are of US Citizens. A recent NPR-Ipsos poll found that 39 percent of Americans and 60 percent of Republicans believe "Most of the fentanyl entering the US is smuggled in by unauthorized migrants crossing the border illegally," but that belief is mistaken.

According to data from the US Sentencing Commission, US citizens accounted for 89 percent of people convicted of fentanyl trafficking, a number 12 times greater that the number of illegal immigrants convicted on those charges.

Similarly, 93 percent of border fentanyl seizures occurred at legal ports of entry or interior vehicle checkpoints, not on illegal migration routes. That elevates the prospect for US citizens—who are subject to less scrutiny—to be successful fentanyl smugglers. Just 0.009 percent of people arrested by the Border Patrol for illegal border crossings were found with any amount of fentanyl.

This is something for policymakers to ponder when attempting to come up with solutions for the fentanyl problem. 

Trump Calls for Military Force Against Mexican Cartels, India Pols Call for Legal Opium, More... (8/22/23)

A Republican congressman threatens an Indian tribe over marijuana legalization, some surprising talk from politicians in the Punjab, and more

Mexican President Lopez Obrador does not think much of the tough talk coming from GOP politicians. (Creative Commons)
Marijuana Policy

GOP Congressman Threatens North Carolina Tribe with Loss of Federal Funding over Marijuana Legalization. The state's Eastern Band of Cherokee Indians is set to vote on a referendum to legalize marijuana on tribal land in September, but now US Rep. Chuck Edwards (R-NC) is warning that it could pay a price if it does. Edwards said the plans to introduce a bill—he says he will call it the Stop Pot Act—in Congress that would "defund governments that ignore federal law.

"I proudly consider the tribe my friends, and I respect their tribal sovereignty," the freshman House member wrote. "But there are times when friends disagree, and I must do so regarding this question of legalizing recreational marijuana. The tribe’s rights should not infringe on the overall laws of our nation. To allow our citizens to travel only a few miles to buy and use this common gateway drug would be irresponsible, and I intend to stop it."

Edwards, who opposed all efforts to reform marijuana laws while in the state legislature, including even medical marijuana, warned that legalization would lead to impaired driving, "drug tourism,"  hard drug sales, and unspecified "criminal activity that would inevitably follow."

"It is important that the tribe understands they will be voting on a measure that, if enacted, could soon be very costly," Edwards wrote. But only if his yet-to-be-filed bill actually becomes law..

Drug Policy

Trump Would Deploy US Military to Fight Drug Cartels. As part of a broader strategy to crack down on immigration and the border that includes vetting migrants to ensure that no "Marxists" are let it, Donald Trump plans at least two policies that take direct military aim at Mexican drug cartels.

The first policy would deploy Coast Guard and US Navy ships to stop drug smuggling boats and the second would designate drug cartels as "unlawful enemy combatants," which would allow the US military to target them in Mexico. That is the same designation used to detain 9/11 suspects for decades at Guantanamo.

Trump is only the latest Republican presidential contender to seek GOP political points by taking aggressive aim at the Mexican cartels, and none of it is going over very well with Mexico. Amidst similar talk earlier this year, Mexican President Andres Manuel Lopez Obrador warned that Mexico is "not going to permit any foreign government to intervene in our territory, much less that a government’s armed forces intervene."

International

Politicians in India's Punjab Call for Legal Opium Production, Sales. Amidst rising drug overdose deaths and growing drug mafias, some politicians in Punjab are calling for the legalization of opium and other drugs.

Former Patiala MP Dharamvira Gandhi, who had in 2016 even moved a private member’s bill in Parliament seeking to decriminalize opium, marijuana and poppy husk, said legalizing the sale of such drugs can severely wound drug mafias. "It will cut the ground from under their feet," he said. "It would also add to the state's revenue. Let there be an atmosphere of fearlessness that users can get the drugs from a reliable, legal, authenticated legal force," he said.

"This is the history of opium—that no one died by consuming it, nor anyone had to sell his house and property," said senior Alkali leader Sikander Singh Maluka, comparing its relatively mild effects to those of heroin and other synthetic drug. "There could be a rare exception who may have consumed it in large quantity."

"A user is never a promoter," said Gandhi. "The promoter of drugs is mafia which has vested interests. Crores of rupees are at stake. Not all, but many police officers, renowned politicians and many bigwigs are involved in drugs, not only in India but all across the world. It is the drug mafia, be it in Latin America, North America, South America, India, Brazil, or other countries for that matter. There are drug lords. And whatever success people have got against them is only after decriminalizing drugs. Portugal is one great example. The Portuguese government has done this. There was lot of crime because of drugs, lot of HIV and other communicable diseases by the use of intravenous injections and it (Portugal) had topped this table in entire Europe, but now it is at the bottom only because of decriminalizing all drugs."

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

CO Now Allows Online Weed Sales, MD Lawmakers Eye Changes to New Pot Law, More... (8/21/23)

Bipartisan lawmakers urge the VA to end its ban on doctors recommending medical marijuana to vets in states where it is legal, Colorado now allows online weed sales, and more.

Marijuana Policy

Colorado Now Allows Online Weed Sales. As of this month, Coloradans can purchase their marijuana online—but they still have to go to the pot shop to pick it up. Gov. Jared Polis (D) in June signed into law House Bill23-1279, which amended the state marijuana law to allow for online sales.

The bill says: "Licensed retail marijuana store may accept payment online for the sale of retail marijuana and retail marijuana products."

"What the bill mainly aims to do, from my perspective, is reduce cash in the marijuana space, which is something that is exceedingly important to do because when there is a tremendous amount of cash in any industry, it can lead to some troubling outcomes—specifically things like robbery," said Sen. Kevin Van Winkle (D). "It sets them up for tremendous amount of potential theft, and other things."

Maryland Lawmakers Looking to Amend Marijuana Legalization Law. The state's marijuana legalization law has performed admirably as the state's two-month-old legal marijuana industry nears $100 million in sales, but even so, key lawmakers are signaling that it is likely to be amended in the coming legislative session.

Maryland’s cannabis industry is less than two months old and lawmakers and regulators are already contemplating tweaks in the coming General Assembly session.

"I think everybody, the governor’s office, Cannabis Administration, ATCC [Alcohol, Tobacco and Cannabis Commission], and the legislators are evaluating everything to see if there’s stuff," said Will Tilburg, acting director of the Maryland Cannabis Administration.

Still, Tilburg and Senate Finance Committee Chair Melony Griffith (D) said some tweaks may be attempted when the legislature reconvenes next year.

"I mean, alcohol was legalized 90 years ago with the repeal of prohibition," said Tilburg. "Every year, there’s a few hundred bills related to the alcohol industry. So, we do expect that this year in the 2024 session and moving forward, we will see additional legislation to tweak this industry."

"I don’t think there’s any possibility we get through the ’24 session without some tweaking on the cannabis," Griffith said. "This is not going to be ‘We fixed it and we’ve solved all the issues and we’ll never have a bill on this subject again.’"

But neither offered any specifics.

Medical Marijuana

Bipartisan Lawmakers Ask VA Secretary to End Ban on Doctors Recommending Medical Marijuana to Vets. Three co-chairs of the Congressional Cannabis Caucus—Reps. Barbara Lee (D-CA), Earl Blumenauer (D-OR) and Dave Joyce (R-OH)—have sent a letter to Veterans Affairs Secretary Denis McDonough expressing "deep concern" that a recently updated VA marijuana directive continues to bar doctors from recommending medical marijuana to veterans in states where it is legal.

The VA "has once again denied the reality of medical marijuana as a key treatment option" for veterans with post-traumatic stress disorder (PTSD), chronic pain and other health conditions, the lawmakers wrote. The decision to continue with the "harmful policy" on medical marijuana recommendations was "alarming," they added.

"We urge you to reconsider this misguided prohibition that prevents these health professionals from considering the full range of available treatment options in consultation with their patients," the lawmakers wrote. "Giving VA providers the discretion to recommend or not recommend medical marijuana as best serves their patients would improve veterans’ services and stop forcing them to self-medicate or seek care outside of the VA system," the letter says. "It would not put providers at risk of federal prosecution from the Department of Justice and its agencies."

"Many veterans already report using cannabis for medical purposes as a substitute for prescription drugs and their side effects," they added. "VA is isolated in its continued denial of this treatment option for veterans. No one is better qualified to make recommendations on care for their patients than veterans working with their VA health care providers," the letter continues. "We applaud VA’s continued protection from retribution against veterans using medical marijuana. However, reaffirming the prohibition on recommendations, referrals, and forms for state-authorized medical marijuana puts stigma in the VA ahead of the needs of veterans. It is past time for VA to become a better partner in the path forward on this issue for our veterans. Instead of blocking veterans from equal access to this treatment option, VA should participate in the additional research and education we owe to patients and the public. We urge you to rethink the detrimental prohibition against providers serving their patients to the best of their ability where medical marijuana is authorized and regulated by their states."

Chronicle Book Review: When Crack Was King

When Crack Was King: A People's History of a Misunderstood Era by Donovan X. Ramsey (2023, One World Press, 427 pp., $30 HB)

Black journalist Donovan X. Ramsey grew up in Columbus, Ohio, in the crack-dominated 1980s and 1990s, where he learned "crackhead" as an insult before he even knew what it meant. One reason he didn't know what it meant was because no one in the community talked openly about the drug crisis ripping through Columbus and other cities across the country after crack took off in the early '80s.

Later, that silence struck him as weird. "It was like growing up in a steel town where nobody talked about steel," he writes in When Crack Was King. After establishing himself as a freelance journalist whose credits include the New York Times, the Wall Street Journal, the Atlantic and Ebony, Ramsey set out to chronicle the crack epidemic of his youth. Five years and hundreds of interviews later, this book is the result.

One place where Ramsey makes an invaluable contribution is in setting the stage for the arrival of crack. He writes about the victories and promise of the civil rights struggles of the 1960s and how, as the country began exporting manufacturing jobs abroad in the 1970s and '80s, the Black vision of achieving the American dream turned to grief and despair. It wasn't just declining economic prospects, though; it was a determined political counterattack led by Richard Nixon and Ronald Reagan that, based on Nixon's 1968 Southern strategy, demonized the Black community, unleashing our decades-long experiment with mass incarceration and filling prisons with Black bodies.

Grief and despair may have weakened Black defenses against crack and made it all to easy to slip into the drug's intense embrace -- and crack addiction ruined the lives of countless people -- but it was the flipside of grief and despair that make the crack trade so attractive to so many. With the civil rights revolution of the 1960s came aspirations toward Black upward mobility, as evidenced by popular culture programming such as Fresh Prince of Belair, The Jeffersons, and the Cosby Show, and in Black neighborhoods across the country where good jobs were vanishing, involvement in the crack trade offered not only upward mobility and its outward signs -- expensive cars, gold chains, high-dollar sneakers, and the like -- but for many in the industry, the more basic goal of finding enough money to put food on the table. If grief and despair drove use, envy and foreclosed opportunity drove the corner rock-slingers and those who rose above them into the trade.

As Ramsey narrates the history of crack, When Crack Was King provides a useful corrective to the hysterical coverage the drug got amidst the epidemic. He demolishes the notions of "crack babies" and "super predators," and exposes "crack heads" as real human beings with problems, not zombie harbingers of the apocalypse. And he dissects the draconian drugs laws passed amid the moral panic around the death of basketball star Len Bias -- laws that led to tens of thousands of Black men and women disappearing behind bars for years or decades. If crack decimated inner city neighborhoods, so did the war on crack.

(As for crack destroying the inner city, comedian Chris Rock had something to say about that: "Crack is everywhere, crack everywhere… you know what they say? 'Crack is destroying the black community.' 'Crack is destroying the ghetto.' Yeah, like the ghetto was so nice before crack! They say that shit like everybody had at least a mansion, a yacht and a swimming pool… then crack came by and dried it all up!)

One of the more unique and enrichening features of When Crack Was King is Ramsey's use of the stories of four survivors of the crack era to paint a deeper portrait of the drug's impact. We meet Lennie Woodley, a girl from a broken family in South Central Los Angeles, where factory jobs had fled, leaving "gangbangers, hustlers, and pimps" to fill the vacuum. Fleeing sexual abuse by an uncle, she took to the streets as a young teen, falling into a life of prostitution salved by crack addiction. It is not a pretty story, but it brings home some ugly realities.

We also meet Elgin Swift, a white kid from poor, multi-racial Yonkers, New York, whose dad was a crack addict and who slung rocks on the side to make enough money for food, bus fare, and other household essentials. He came through the crack era wounded but sound and, having parlayed his crack-selling skills toward more socially acceptable ends, now runs a chain of automotive dealerships.

And then there's Shawn McCray from the projects in Newark, whose basketball prowess got him into college and who barely escaped a prison sentence for selling crack when a judge showed him mercy. He stayed on the edges of the life, though, until dozens of his friends in the city's notorious Zoo Crew crack-selling machine were wrapped up and marched off to prison in a massive bust. After that, McCray walked away, turning his attention to youth athletics. He is now a major figure in Newark youth athletic programs.

Crack didn't destroy Elgin Swift or Shawn McCray, but the drug and society's response to it -- repression -- deeply impacted their lives.

And then there's Kurt Schmoke. Ramsey profiles the man who became the first Black mayor of Baltimore and who in 1988, in the midst of the crack wars, became the first major politician to call for drug decriminalization. That hasn't happened yet (except in Oregon), but Ramsey holds him up not only as a profile in courage but in pragmatism. Schmoke may not have achieved decrim, but he delivered the first major blow to the drug war paradigm by speaking out. (And he managed to get city-sponsored needle exchanges going in 1994)

A heady mix of urban ethnography, social history, and political and cultural critique, When Crack Was King is a worthy addition to the literature of the drug.

Bipartisan Bill Would Eliminate Cannabis Screening for Federal Hiring, Security Clearances [FEATURE]

On Thursday, Reps. Jamie Raskin (D-MD) and Nancy Mace (R-SC1) introduced the Cannabis Users Restoration of Eligibility (CURE) Act, legislation to prevent prior or current marijuana use from becoming grounds for failing to receive a security clearance or for being found unsuitable for federal employment. The CURE Act will also allow for someone who has previously been denied a security clearance or a federal job based on marijuana use the chance to have that denial reviewed.

The bill would amend the Intelligence Reform and Terrorism Prevention Act of 2004 to limit the consideration of marijuana use when making a security clearance or employment suitability determination. "Notwithstanding any other law, rule, or regulation, current or past use of marijuana by a covered person may not be used in any determination with respect to whether such person is eligible for a security clearance or suitable for Federal employment," the bill text specifies.

A security clearance is necessary for more than half of all federal jobs, including not only obvious positions in the defense, homeland security, and cybersecurity sectors, but even the people who clean the buildings or provide food services where those people work. That is more than three million federal military and civilian positions that require security clearances, along with another 1.2 million held by contract employees.

"Every year, qualified and dedicated individuals seeking to serve our country are unable to secure federal jobs and security clearances because the federal government has not caught up with the widely established legal use of medical and recreational cannabis,"said Rep. Raskin in a release announcing the bill. "I am proud to partner with my friend Representative Mace to introduce the bipartisan CURE Act that will eliminate the draconian, failed and obsolete marijuana policies that prevent talented individuals from becoming honorable public servants in their own government."

The CURE Act has been endorsed by the Drug Policy Alliance, the Due Process Institute, Law Enforcement Action Partnership (LEAP), the National Organization for the Reform of Marijuana Laws (NORML), and the US Cannabis Council -- and these reform groups were eager to weigh in on it.

"DPA is excited to support legislation that can help end another pillar of the drug war and allow individuals to secure work," said Maritza Perez Medina, Director, Office of Federal Affairs, Drug Policy Alliance (DPA). "Penalizing someone for drug use relies on an assumption that any drug use is problematic and that people who use drugs cannot be responsible employees. We know this is false. We hope this bill is just the start of other critical federal marijuana reforms."

"There are many talented and dedicated people who have used cannabis and want to serve their country," said Sgt. Terry Blevins, a former civilian investigator for the Department of Defense, Arizona Police Sergeant, and Board Member for the Law Enforcement Action Partnership (LEAP). "Compromising recruitment by our federal agencies with antiquated cannabis laws makes our nation less safe in the face of security threats we face globally."

"For too long, the federal government has been denying Americans civil service opportunities solely because of its outdated attitudes toward cannabis and those who consume it," said Morgan Fox, Political Director at the National Organization for the Reform of Marijuana Laws (NORML). "Denying these millions of Americans consideration for employment and security clearances is discriminatory and it unnecessarily shrinks the talent pool available for these important jobs. NORML commends the sponsors for working to undo this policy and replace it with fair and sensible hiring and clearance practices that will put America on much stronger footing on the global stage."

"Millions of patriotic, conscientious Americans use cannabis legally each year, but they are consistently penalized by outdated federal regulations," said Ed Conklin, Executive Director, US Cannabis Council. "We strongly support the CURE Act because it will bring federal employment policies into line with the views of most Americans. Cannabis use should never prevent a qualified candidate from serving his or her country as a federal employee."

As of now, 38 states, three territories and the District of Columbia allow the medical use of marijuana, while 23 states, two territories and the District of Columbia have enacted measures to authorize and regulate marijuana for recreational adult use. Despite the rapid pace at which marijuana is being legalized, thousands of Americans are routinely denied security clearances and lose out on federal employment if they admit to using marijuana in a lawful way.

Bill Filed to Prepare Feds for Pot Legalization, Seattle Mayor Unveils New Plan on Open-Air Drug Use, More... (8/1/23)

Another Republican files another border fentanyl bill, Seattle's mayor has a plan to deal with open-air drug use, and more.

As part of a criminal justice reform bill signed into law by Gov. Pritzker (D), Illinois will reduce drug testing of parolees.
Marijuana Policy

Hickenlooper Reintroduces Bill to Prepare Federal Government for Marijuana Legalization. Sen. John Hickenlooper (D-CO) recently reintroduced the Preparing Regulators Effectively for a Post-Prohibition Adult Use Regulated Environment (PREPARE) Act, a bill that directs the Attorney General to develop a framework for federal cannabis regulation. Though cannabis is currently illegal at the federal level, many states have followed Colorado's safe and legal model. The PREPARE Act establishes a federal commission, modeled after Colorado's regulatory commission, to advise the government on proper safeguards for federal cannabis legalization.

>"Colorado's is the model for a safe, well-regulated marijuana market," said Hickenlooper. "Let's build on that success with federal regulation."

The PREPARE Act-established federal commission would advise on the development of a federal regulatory framework modeled after state cannabis regulations, consider barriers and suggestions for regulating cannabis similar to alcohol, identify ways to remedy the disproportionate impact cannabis prohibition has had on minority, low-income, and veteran communities, and include representatives from relevant federal agencies and offices, individuals nominated by Senate and House leadership, industry representatives, and representatives of state and local governments.

Drug Policy

House Republican Files Bill to Confiscate Cartel Assets, Use Them to Pay for Border Wall. Rep. Randy Feenstra (R-IA) has filed the Build the Wall and Fight Fentanyl Act, which would allow US authorities to seize the assets of Mexican drug cartels and use them to construct a wall at the southern border and to fight fentanyl.

The measure would establish two funds at the Treasury Department, the "Southern Border Wall Fulfillment Fund" and the "Combating the Fentanyl Epidemic Fund." Both funds would be run by the Department of Homeland Security.

"Criminal drug traffickers have smuggled enough fentanyl into our country to kill every man, woman, and child in the United States, and tragically, too many families know the pain of losing a loved one to this deadly crisis. We must fight fire with fire to protect our families, our children, and our communities," Feenstra said in a statement.

According to the DEA, however, the vast majority of drugs smuggled into the US from Mexico go through ports of entry, not unwalled portions of the border.

Seattle Mayor Unveils New Proposal to Fight Open-Air Drug Use. Mayor Bruce Harrell (D) on Monday announced a new plan to cut down on open-air drug use in the city and increase access to addiction treatment. The plan will include guidance to police on when to make an arrest and make drug possession a gross misdemeanor, bringing the city into conformity with state law. The state's drug possession statute had to be redone after the state Supreme Court threw it out in the Blake case in 2021.

"What's the same is it adopts the state law that we call the post-Blake Fix, and under the post-Blake Fix, you may recall, the officers were required to give referrals before arrests were made," said Harrell. "The legislature came out with the fix. That's what's the same, is that we are adopting the state law. What's quite different is we went more specific on what an arrest looks like and what it should not look like. It also brings in the threat of harm standard, which makes it clear, that if people are a threat to others, if they are in an area where people are trying to catch the bus, or where they are trying to shop or bring their kids in a stroller, these areas need to be safe, and it gives us the ability to make arrests when they need to happen," said Mayor Harrell.

The plan also includes $27 million to invest in facilities, treatments and services to address the opioid crisis. The measure needs to be approved by city council members, which Harrell said he is confident will happen and before a two-week break at the end of the month.

Drug Testing

Illinois Governor Signs Bill to Limit Drug Testing of Parolees. Gov. JB Pritzker (D) has signed into law a criminal justice reform bill, Senate Bill 423, that limits drug testing of parolees, among other provisions.

"Today, I will sign legislation that focuses our Mandatory Supervised Release system on creating successful outcomes for those who were formerly incarcerated and improves the safety and peace of our communities," Pritzker said in a statement last Friday. "This legislation supports the reintegration of individuals into the community while lowering the possibility of recidivism, increasing public safety, and lowering taxpayer costs," he added.

CA Initiative Would Have State Fund Psychedelic Research, Fentanyl Bills Pass Senate, More... (7/31/23)

A Georgia prosecutor's bid to seize a landlord's rural trailer beause a tenant got caught with meth gets thrown out of court, Colombia's president proposes buying up the coca crop, and more.

Colombian President Gustavo Petro proposes buying up the coca crop and turning it into fertilizer. (Creative Commons)
Opiates and Opioids

Two Fentanyl Bills Pass Senate as Part of Defense Spending Bill. The Senate approved the must-pass National Defense Authorization Act (S.2226) late last week. Because of its must-pass nature, the bill was loaded with other measures sponsors sought to get through the Congress, including a pair of fentanyl-related bills.

Sponsored by Sen. Rick Scott (R-FL), the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act (S.206) would require the Commissioner of U.S. Customs and Border Protection (CBP) to regularly update its drug interdiction guidance. Currently, many CBP policies that outline drug interdiction practices are outdated and do not provide guidance on how to handle drugs such as fentanyl. Sponsored by Sen. Tim Scott (R-SC), the Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act, which would require the President to sanction drug rings involved in international drug trafficking, including suppliers in China and cartels from Mexico.

Psychedelics

California Initiative Would Fund Psychedelic Research to Tune of $5 Billion. A group calling itself TREAT California has filed a proposed initiative for the 2024 ballot that would allocate $5 billion for a new state agency that would fund and promote psychedelic research with an eye toward accelerating the progress toward federal legalization of certain psychedelics, such as psilocybin and ibogaine.

The campaign is not led by magic mushroom fans but by seasoned initiative campaigners. They want to create an agency they are calling the Treatment, Research, Education, Access and Therapies (TREAT) Institute to identify opportunities for advancing science into the therapeutic potential of psychedelics to address serious mental health conditions like depression and addiction.

"The TREAT Institute will not be a typical government agency; it will be an innovative, effective, and lean organization that will provide a consistent, sustainable funding source," the text of the proposed constitutional amendment says. "TREAT California is not a direct decriminalization or legalization effort; and it is not an initiative driven by an elected official," it continues. "Rather, it is a path for citizens to authorize legislative change."

Meanwhile, another initiative campaign already underway seeks to put psilocybin legalization on the 2024 ballot. That campaign recently got approval from the state to begin signature gathering.

Asset Forfeiture

Georgia Prosecutor's Bid to Seize Landlord's Property over Tenant's Drug Possession Rejected. An effort by the Ogeechee Circuit District Attorney's Office to seize the property of a landlord because of her tenant's arrest for drugs has gone up in flames. The tenant of a trailer and utility shed on a small rural property had been arrested on methamphetamine possession charges in January but has never been indicted or even had her case appear before a grand jury.

But prosecutors moved to seize the property through civil asset forfeiture even though the woman arrested was not the property owner. District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord responded that she was not privy to the criminal conduct, did not consent to the criminal conduct, did not know of the criminal conduct, could not have reasonably known that criminal conduct was going to occur, and thus the property should not be forfeited. The judge in the case agreed.

"No evidence was adduced at trial that Walker was privy to Keaveny's criminal conduct, consented to or had any knowledge of criminal conduct, had any reason to believe it would or was occurring, or derived any financial benefit from the conduct," Judge Roland Thompson wrote, dismissing the seizure request.

International

Colombia President Proposes Buying up Coca Crop to Use for Industrial Purposes. With the country's rural coca economy in crisis because of years of overproduction, President Gustavo Petro has proposed buying up the crop and using it to make fertilizer. He also called for strategies to boost infrastructure development for the project.

"And that is done with research and technology and the form has already been invented. The Government proposes at the national level in the regions with the highest production of coca leaf used in another way, to set up factories to buy that coca leaf and turn it into carbonless fertilizer, decarbonized fertilizer, or if we want another word, 'biofertilizers,' Petro said. "So, I propose to SENA [the National Training Institute] to see if with the Government we can put these industrial complexes of cooperatives, indigenous peoples and neighbors, in order to use the coca leaf in a different way, which is to produce fertilizer for food in Colombia, zero carbon. That is, in the conditions that are needed in the 21st Century," he added.

FDA Approves Second OTC Nasal Naloxone Spray, Singapore Hangs Another Drug Offender, More... (7/28/23)

GOP senator files bill mandating social media cooperation with law enforcement against drug trafficking, bipartisan senators file bill to ease access to fentanyl test strips, and more.

RiVive naloxone nasal spray has been approved by the FDA. (Harm Reduction Therapeutics)
Drug Policy

Rick Scott Files Social Media Act to Combat Online Drug Sales. Sen. Rick Scott (R-FL) on Friday introduced the Stopping Online Confusion for Investigative Agencies and Law Enforcement by Maintaining Evidence Determined Interparty Arrangements (SOCIAL MEDIA) Act to combat the sale of fentanyl and other illicit drugs on social media platforms. The SOCIAL MEDIA Act will allow for better law enforcement coordination in criminal cases with social media platforms by requiring 24/7 staffed-in-the-USA call centers for fielding information requests with clear guidelines for agencies to best expedite the process. This bill will promote enhanced data collection, transparency in the data collected, and uniformity in data presented to better compare platform to platform on their efforts to combat illegal drug sales.

The SOCIAL MEDIA Act fhas been endorsed by the National Sheriffs' Association, the Partnership for Safe Medicine and the Major County Sheriffs of America.

Harm Reduction

FDA Approves Second Over-the-Counter Naloxone Nasal Spray Product. The Food and Drug Administration (FDA) on Friday approved RiVive, 3 milligram (mg) naloxone hydrochloride nasal spray for over the counter (OTC), nonprescription use for the emergency treatment of known or suspected opioid overdose. This is the second nonprescription naloxone product the agency has approved, helping increase consumer access to naloxone without a prescription. The timeline for availability and the price of this nonprescription product will be determined by the manufacturer.

"We know naloxone is a powerful tool to help quickly reverse the effects of opioids during an overdose. Ensuring naloxone is widely available, especially as an approved OTC product, makes a critical tool available to help protect public health," said FDA Commissioner Robert M. Califf, M.D. "The agency has long prioritized access to naloxone products, and we welcome manufacturers of other naloxone products to discuss potential nonprescription development programs with the FDA."

The FDA has taken a series of steps to help facilitate access to opioid overdose reversal products and to decrease unnecessary exposure to opioids and prevent new cases of addiction. The agency approved the first nonprescription naloxone nasal spray product in March 2023, the first generic nonprescription naloxone nasal spray product in July 2023 and over the last year has undertaken new efforts to expand opioid disposal options in an effort to reduce opportunities for nonmedical use, accidental exposure and overdose.

The FDA granted the nonprescription approval of RiVive to Harm Reduction Therapeutics.

Bipartisan Senate Bill to Increase Access to Fentanyl Test Strips Filed. A bipartisan group of senators on Thursday filed a bill to clarify that the federal drug paraphernalia statute excludes fentanyl test strips, which remain criminalized as drug paraphernalia under state laws in more than 20 states.

Sens. John Cornyn (R-TX), Chris Coons (D-DE), Tom Cotton (R-AR), Bill Cassidy (R-LA), and Amy Klobuchar (D-MN) are all cosponsors of the Fentanyl Safe Testing and Overdose Prevention Act. Companion legislation, HR 3653 was introduced in May in the House.

"This legislation would help prevent deaths due to fentanyl poisoning by giving people the tools to identify it, and I urge my colleagues to pass it without delay," Cornyn said. His state, Texas, has experienced one of the nation's worst rates of fentanyl overdoses, which skyrocketed nearly 600% over the last year, according to the state's Department of Health and Human Services.

The Fentanyl Safe Testing and Overdose Prevention Act would also apply to test strips for xylazine, a powerful animal tranquilizer approved by the Food and Drug Administration only for veterinary use. Officials have warned the public that the sedative, which has been found to be mixed with fentanyl in several states, can create a deadly drug cocktail.

International

Singapore Hangs Woman Drug Offender for First Time in 20 Years; Second Drug Execution This Week. Singaporean national Saridewi Djamani was executed Friday in the first known execution of a woman in Singapore since 2004. She was found guilty of possession of around 30 grams of diamorphine (heroin) for the purposes of trafficking. A Singaporean Malay man, Mohd Aziz bin Hussain, was executed on Wednesday after being found guilty in 2018 for trafficking around 50 grams of diamorphine (heroin). Both had been sentenced to the mandatory death penalty in 2018.

Singapore has now executed 15 people for drug related offenses since March 2022, when executions resumed after a hiatus of two years. Four of these were known to have been carried out in 2023. Singapore's close neighbour Malaysia has observed an official moratorium on executions since 2018 and has recently repealed the mandatory death penalty, including for drug-related offences. The Transformative Justice Collective reported that a third execution has been set for 3 August, of a man convicted and sentenced to the mandatory death penalty for possession of 54 grams of diamorphine for the purpose of trafficking.

Both the UNODC and the INCB -- two UN bodies in charge of developing and monitoring drug policies -- have condemned the use of the death penalty for drug-related offences and have urged governments to move towards abolition. Singapore is one of only four countries, alongside China, Iran and Saudi Arabia, where executions for drug-related offences were confirmed in 2022.

Bipartisan Bill to Let Pot Smokers Get Security Clearances Filed, GA Asset Forfeiture Outrage, More... (7/27/23)

The House approves veterans' medical marijuana and psychedelic research amendments to a must-pass spending bill, a new House bill would clear the way for security clearances for past or present pot smokers, and more.

Jamie Raskin (house.gov
Marijuana Policy

Bipartisan House Bill to Allow Pot Smokers to Get Security Clearances Filed. Reps. Jamie Raskin (D-MD) and Congresswoman Nancy Mace (R-SC) hae introduced the Cannabis Users Restoration of Eligibility (CURE) Act, legislation to prevent prior or current marijuana use from becoming grounds for failing to receive security clearance or for being found unsuitable for federal employment. The CURE Act will also allow for someone who has previously been denied a security clearance or a federal job opportunity based on marijuana use the chance to have that denial reviewed.

"Every year, qualified and dedicated individuals seeking to serve our country are unable to secure federal jobs and security clearances because the federal government has not caught up with the widely established legal use of medical and recreational cannabis," said Rep. Raskin. "I am proud to partner with my friend Representative Mace to introduce the bipartisan CURE Act that will eliminate the draconian, failed and obsolete marijuana policies that prevent talented individuals from becoming honorable public servants in their own government."

The CURE Act has been endorsed by the Drug Policy Alliance, the Due Process Institute, Law Enforcement Action Partnership (LEAP), the National Organization for the Reform of Marijuana Laws (NORML), and the US Cannabis Council.

Medical Marijuana

House Approves Veterans Medical Marijuana Access and Psychedelic Research Amendments to Defense Spending Bill. The House on Wednesday approved amendments to a large-scale spending bill that would allow Department of Veterans Affairs (VA) doctors to recommend medical cannabis to military veterans and promote research into substances like psilocybin and MDMA.

The medical marijuana measure, which was filed by the co-chairs of the Congressional Cannabis Caucus -- Reps. Brian Mast (R-FL), Earl Blumenauer (D-OR), Dave Joyce (R-OH) and Barbara Lee (D-CA) -- passed in a voice vote.

Their amendment would specifically prohibit the use of VA funds to enforce provisions of an existing directive that bars doctors from making medical cannabis recommendations to veterans.

The House also adopted, by a voice vote, an amendment from Reps. Lou Correa (D-CA) and Jack Bergman (R-MI) that would encourage research into the therapeutic potential of certain psychedelics.

Asset Forfeiture

Georgia Prosecutor Seeks to Seize Landlord's Property Because Tenant Possessed Meth. In a bid to stretch the fabric of asset forfeiture, the Ogeechee Circuit District Attorney's Office is seeking to seize the property of a landlord because of her tenant's alleged drug use. There is no allegation that the landlord was involved with or even aware of the alleged drug use, and there is no allegation that the tenant sold drugs -- only that she possessed them.

The case arose when a January raid of the tenant's home and utility shed turned up methamphetamine and the tenant was arrested on meth possession charges. But the criminal case has since stalled. Six months after the raid, the case has not even made it to the grand jury. There has been no indictment and no action since January.

The District Attorney's Office has nonetheless filed paperwork to seize the property where the tenant was arrested through civil asset forfeiture, which does not require a prior criminal conviction before seizing the property. In this case the property is a third of an acre of land, the utility shed, and a mobile home parked on the property where the tenant resided.

District Attorney Daphne Totten and ADA Barclay Black argued in the filing that the property is 'contraband and subject to forfeiture' because the property "was found in close proximity to the controlled substance, namely methamphetamine" and "was possessed, used, or available for use to facilitate a violation of the Georgia Controlled Substances Act."

The landlord is fighting the attempted seizure, and a hearing is set for tomorrow. Stay tuned.

Federal Drug Prisoner Population Declines, CA Psychedelic Legalization Bill Advances, More... (7/13/23)

A GOP-led House committee has killed marijuana and psychedelic reform amendments to the defense spending bill, a Mexican drug cartel uses roadside bombs against the police, and more.

There has been a remarkable drop in federal drug prisoners in recent years. (Creative Commons)
Marijuana Policy

House Committee Kills Every Marijuana and Psychedelic Amendment to Must-Pass Defense Spending Bill. The GOP-led House Rules Committee has killed more than a dozen bipartisan marijuana and psychedelic policy amendments to the National Defense Authorization Act. The Republican leadership of the committee declined to accept any of them for floor votes. Among the proposed amendments killed was one to end marijuana testing for people trying to join the armed forces, one protecting federal workers from losing security clearances because of marijuana, one allowing servicemembers to use CBD and other hemp-derived products, and one investigating the therapeutic potential of certain psychedelics.

Michigan Ends Pre-Employment Marijuana Screening for Most State Jobs. Following months of public comment, the Michigan Civil Service Commission has voted unanimously to adopt new rules ending the practice of pre-employment marijuana screening for most state workers. Under the new policy, most public employees will no longer be required to undergo pre-employment marijuana testing. (Exceptions to the new rules will remain for those in certain safety sensitive positions, like law enforcement personnel.) Those previously denied positions because of a failed marijuana test are also now eligible to immediately reapply for employment.

Psychedelics

California Psychedelic Legalization Bill Wins Another Committee Vote. A bill that would legalize the possession and use of certain psychedelics, Senate Bill 58, which has already been approved by the Senate, has now won a second committee vote in the Assembly. The measure passed the Assembly Health Committee on a 9-2 vote Tuesday. It must now pass only one more committee, the Assembly Appropriations Committee, before heading for an Assembly floor vote. The bill would legalize the "possession, preparation, obtaining, transfer, as specified, or transportation of" specific amounts of psilocybin, psilocyn, DMT, ibogaine and mescaline for personal or facilitated use. Notably, "synthetic" psychedelics like LSD and MDMA would not be legalized, unlike the provisions of the previous version of legislation from Sen. Scott Wiener (D-San Francisco).

Berkeley City Council Effectively Legalizes Some Psychedelics. The city council of the East Bay city voted Tuesday to effectively legalize a range of psychedelics by voting unanimously to make the enforcement of state and federal laws against psychedelic plants and fungi the lowest law enforcement priority. The resolution passed, however, bars the "giving away, sharing, distributing, transferring, dispensing, or administering" of psychedelics.

Sentencing

Nearly a Quarter Fewer Persons Were in Federal Prison for Drug Offenses in 2018 Than in 2013. The number of people held in Federal Bureau of Prisons' facilities on a drug offense fell 24% from fiscal yearend 2013 (94,613) to fiscal yearend 2018 (71,555), according to Sentencing Decisions for Persons in Federal Prison for Drug Offenses, 2013-2018, a new report from the Bureau of Justice Statistics. These persons accounted for 51% of the federal prison population in 2013 and 47% in 2018.

Between 2013 and 2018, there were large decreases in persons serving time in federal prison for marijuana (down 61%), crack cocaine (down 45%) and powder cocaine (down 35%), with a smaller (4%) decline in persons imprisoned for opioids. These reductions were partly offset by growth in the number of persons serving time for heroin (up 13%) and methamphetamine (up 12%).

During the 5-year period, there was also a 33% decrease in the number of people in federal prison who, because of the type and amount of drugs involved in their offense, faced the possibility of mandatory minimum penalties at sentencing. A similar decline trend was observed in the number who ultimately received penalties (down 26%) and received relief from penalties (down 52%).

About 60% of all people in BOP custody for drug offenses at fiscal yearend 2018 had received mandatory minimum penalties: 22% for methamphetamine, 15% for powder cocaine, 14% for crack cocaine, 5% for heroin, 4% for marijuana and less than 1% for opioids. When the federal prison population was analyzed by persons who could have received penalties for their drug offense, those serving time for crack cocaine were more likely to receive penalties (94%) than those held for marijuana (82%), powder cocaine (81%), heroin (80%), methamphetamine (79%) or opioids (70%).

International

Montreal Police Raid Illegal Magic Mushroom Shop on Opening Day. FunGuyz, a chain of shops selling illegal magic mushrooms, has already had several of its stores raided in Ontario, and on Tuesday, it could add one in Montreal to the list. Montreal police raided the shop hours after it opened offering a menu of pills, dried mushrooms, and chocolate bars laced with psilocybin.

A FunGuyz spokesman called the raid a "simple" product seizure and a "waste of taxpayers' money." He said opening FunGuyz was a form of protest to challenge the illegality of psychedelic drugs. "We do expect the police to come in and raid us because obviously what we're doing, it's illegal," he said on Tuesday. "The idea behind everything is, are the police willing to… use the taxpayers' money for mushroom stuff?"

Mexican Drug Cartel Use Roadside Bomb to Kill Cops. Four police officers and two civilians were killed by a series of roadside bombs in the western state of Jalisco on Tuesday. Authorities said an anonymous caller reported a tip about a supposed clandestine burial site, and when police went to investigate, seven roadside bombs went off simultaneously. The blasts were so powerful they left craters in the road, destroyed at least four vehicles, and wounded 14 more people. The state prosecutor blamed an unnamed drug cartel. The Jalisco New Generation Cartel has significant experience with improvised explosive devices, as well as bomb-dropping drones.

Ukraine Parliament Gives Initial Approval to Medical Marijuana Bill. The parliament has given initial approval to a bill to legalize medical marijuana in the country. It must still be approved in a second reading and then sent to President Volodymyr Zelensky for his signature. Zelensky has already said he supports the bill.

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