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Opiate Treatment Program (OTP) Barriers, Schumer Says Progress on SAFE Banking Act +, More... (11/1/22)

There's a drug crackdown going on in India's Punjab, Afghan drug prices are rising despite questions about whether the Taliban ban is actually happening, and more.

An Aghan opium poppy field. It is almost planting time again. Will the Taliban ban actually take place? Stay tuned. (UNODC)
Marijuana Policy

Schumer Says Senate Close to Passing Marijuana Banking, Expungements Bill After Talks with Republicans. Senate Majority Leader Chuck Schumer (D-NY) said Sunday that Congress is "very close" to filing and then passing the SAFE Banking Act + bill, which includes provisions including banking protections for state-legal marijuana businesses and expungements of past marijuana convictions. Schumer cited progress he had made in talks with a "bunch of Republican senators."

Schumer had blocked earlier efforts to pass the SAFE Banking Act, which has passed the House seven times, but now appears ready to move on it as prospects for a broader legalization bill fade. "We are getting very close," Schumer said. "I am working in a bipartisan way with Democrats and Republicans to take the SAFE Banking Act, which allows financial institutions to involve themselves in cannabis companies and lend money to them -- but it also does some things for justice, such as expunging a record. So, expunging the records is important, and we're getting clos We may be able to get something done rather soon. I'm working with a bunch of Republican senators, a bunch of Democratic senators, to get something passed."

Drug Treatment

State Opioid Treatment Program Regulations Put Evidence-Based Care Out of Reach for Many. Opioid treatment programs (OTPs) are the only health care modalities that can offer methadone as well as buprenorphine and extended-release naltrexone to patients. They are the only facilities that can offer methadone, but federal and state rules not based on evidence are curtailing access to high-quality OTP care, the Pew Trust reports in new research.

Among barriers to OTP treatment, Pew found that 20 states require a new OTP to seek state approval baed on demonstrating a need for services before opening, seven states impose restrictive zoning rules on OTPS that don't apply to other health are facilities, 10 states don't allow clients to take medication home in the first 30 days of treatment, 48 states allow OTPs to throw patients out of the program for not being abstinent from opioids or other drugs, and 23 states specify a counseling schedule for patients rather than providing individualized care. Click on the link for methodology and a full data set.

International

Afghan Drug Prices Soared After Taliban Ban, Despite Little Evidence of Enforcement. Illegal drug prices have skyrocketed in Afghanistan since the Taliban banned the drug trade in April, even though there is only limited evidence that the militants are enforcing the ban. Opium prices have increased more than 50 percent, while methamphetamine prices have also risen, according to countrywide data gathered by the private, UK-based satellite imagery company Alcis. While analysts said the ban is not yet widely enforced, prices are rising based on fears of a future crackdown. A new opium poppy planting season is about to get underway, and it is unclear to what degree local Taliban commanders intend to or even can enforce a ban on poppy production. Satellite data, though, has shown a crackdown on ephedra (used to manufacture meth) markets and meth labs already underway.

But any crackdown would come in the face of a massive nationwide economic crisis that could drive people away from supporting the Taliban. "The things that people used to survive on in the face of a drugs ban -- in terms of joining the [army], working in the cities in construction -- those options are gone," David Mansfield, a researcher on the report and expert on Afghanistan's drugs trade, said. "Do local Taliban... press on this and risk increasing a humanitarian crisis, alienating a population, or do they let it ride because of the fear of resistance?"

India's Punjab Police in Massive Drug Crackdown. Police in the Punjab have arrested 6,997 drug smugglers since July and registered 5,436 FIRs (first information reports -- the initial report of a possible criminal offense), of which 580 are for possessing large quantities of drugs. The crackdown is part of Punjab Chief Minister Bhagwant Mann's "war against the drug menace plaguing the state."

Between roadblocks and other searches, police have seized nearly 260 kilograms of heroin, as well as an additional 147.5 kilograms seized at the ports of Gujarat and Maharashtra. They also seized 300 kilograms of raw heroin, 197 kilograms of marijuana and nearly three million pills, capsules, and vials of pharmaceutical opioids. State police chief Gaurav Yadav has called on police to investigate all leads in every case no matter how small and to aggressively seize the assets of drug suspects.

DC Voters Still Like Marijuana Legalization, Native Plans to Sue Feds Over Reservation Pot Raid, More... (9/28/22)

Pot prohibitionists are backing a marijuana research bill, the Philippine DEA says it is okay with medical marijuana, and more.

Washington, DC (Creative Commons)
Marijuana Policy

Pot Prohibitionists Get Behind Effort to Pass Federal Marijuana Research Bill. As the Senate turns toward considering marijuana banking reforms in the form of the Secure and Fair Enforcement (SAFE) Banking or a SAFE Plus bill, researchers associated with the prohibitionist group Smart Approaches to Marijuana (SAM) are instead urging Majority Leader Chuck Schumer (D-NY) to move on a bill that would greatly expand marijuana research. The House has already passed the Medical Marijuana and Cannabidiol Research Expansion Act (HR8454), but the bill has seen no action in the Senate. The SAFE Banking Act Plus includes a marijuana research provision, but the SAM researchers want to see the standalone bill passed instead, saying it was "vital" to pass it because marijuana use rates are rising.

DC Voters Support Marijuana Legalization, Oppose Crackdown on Gifting Grey Market, Poll Finds. Eight years after voters in the District of Columbia approved marijuana legalization, they still approve, a new poll finds. The poll from Brilliant Corners Research & Strategies found support for legalization at 72 percent. While DC legalized pot, it has been barred from implementing legal recreational sales by Congress, resulting in a thriving grey "gifting" market. DC residents want a regulated market, not a crackdown, the poll found, with 76 percent supporting a regulated market and only 19 percent supporting shutting down the informal market.

Medical Marijuana

New Mexico Patient Plans to Sue Feds Over Raid on Tribal Land. Pueblo of Picuris tribal member Charles Farden is preparing to sue the Bureau of Indian Affairs (BIA) over a raid on his medical marijuana garden on tribal land last year. The raid destroyed nine plants he was growing. Now, he has filed a tort claim indicating he intends to sue the federal government, charging that the raid was carried out without a warrant and that it unveiled a federal double standard that discriminates against Native people. A congressional rider blocks the Justice Department from interfering in state-legal medical marijuana programs, but no such rider applies to the BIA, leading Native people uniquely vulnerable to federal marijuana efforts.

International

Philippine DEA Not Opposed to Medical Marijuana. The Philippine Drug Enforcement Agency (DEA) is ready to legalize medical marijuana, its director, Wilkins Villanueva, told a Senate committee hearing. But the island nation's other drug control body, the Dangerous Drug Board, said its position would be determined by its member health experts. "We have members from the Department of Health who are experts in these medical matters, so we defer to the position and recommendation of the DOH and the Philippine Medical Association," the board said. Medical marijuana is currently available for "compassionate use," but only at great expense. A bill to make medical marijuana available to all who need it is currently pending in the legislature.

Colombia President's Drug War Heterodoxy Draws Critics, Belgian Drug Trafficker Threats, More... (9/27/22)

Singapore arrests its citizens for doing drugs outside the country, Colombian President Petro's frank talk about the need for a new model drug policy is activating critics, and more.

Cocaine prohibiion is getting some renewed attention these days. (Pixabay)
Foreign Policy

Pair of GOP Senators Question Colombian President's Commitment to Cooperating with US on Drugs. Senators Charles Grassley (R-IA) and Marco Rubio (R-FL) have sent a letter to Dr. Rahul Gupta, Director of the White House Office of National Drug Control Policy (ONCDP -- the drug czar's office), expressing their concerns with Colombian President Gustavo Petro's drug policy changes and intentions to modify extradition policy with the United States. They are upset that Petro has initiated peace talks with the National Liberation Army (ELN), which they specify is "a left-wing Foreign Terrorist Organization" and that he has resumed diplomatic relations with neighboring Venezuela, or "the Maduro narco-regime," as they put it.

"Petro's favorable actions toward actors working closely with drug traffickers in our hemisphere call into question the Colombian president's commitment to cooperating with the United States to prevent the flow of drugs crossing our border," they charged. They also took issue with Petro's proposal to limit extradition to people who refused to cooperate with the Colombian state, saying it "incentivizes criminals to avoid extradition by bribing or coercing the sitting political regime."

The Colombian president has vocally called for an end to the US's current drug policy in Colombia and his government is considering -- but has not yet enacted -- significant drug policy reforms, such as decriminalizing small-scale coca production.

Colombia Ex-President Warns Petro's Call to Change Course in Drug War Could Make Country a "Narco-State." Ivan Duque, the rightist predecessor to current Colombian President Gustavo Petro, has warned that Petro's call to make a radical change in the war on drugs could turn the country into a "narco-state" that could threaten the security of the US and other countries in the region.

"Now, what worries me is that there is now the possibility of getting into the permission, or the legalization of cocaine and consumption," said Duque. "I think that it will be very bad for Colombia and that will be very bad for the countries in the hemisphere, and I think that could generate also a major security threat to the United States. So by no means I'm in favor of the legalization of the cocaine trade… But I also have to say it, Colombia cannot turn into a narco state. I think the world now has unified in the concept of prohibition, and I think if just one country, let's say Colombia, decides to legalize cocaine, it'll turn itself into a narco state."

The Petro government has so far rejected cocaine legalization, but it is considering the decriminalization of small-scale peasant coca cultivation.

International

Belgian Prime Minister Condemns Threats Against Justice Minister from Drug Traffickers. Belgian Prime Minister Alexander De Croo on Saturday condemned serious threats against the country's justice minister as "totally unacceptable" after a car containing firearms was found near his home. Belgian media says the threats could involve kidnapping by drug traffickers, who have been angered by a recent ramping up of Belgian enforcement activity after an unprecedented flare-up of violence among traffickers this summer. Belgium and the neighboring Netherlands are the main European hubs for cocaine trafficking, with 90 tons of the drug being seized in the Belgian port of Antwerp last year.

Singapore Arrests Citizens for Using Drugs in Other Countries. The city-state's Central Narcotics Bureau announced Saturday that authorities had arrested 41 citizens so far this year for using drugs outside the country. Under Singaporean law, citizens who use drugs outside the country face the same punishment as those caught using drugs inside the country. A first offense can garner up to 10 years in prison, but most people charged with the crime are sent to rehabilitation if there are no other charges against them. The policy is in line with the city-state's draconian drug policies, which include the death penalty for trafficking as little as 15 grams of heroin or 500 grams of marijuana.

Arkansas Legalization Init Cleared for November, Colorado Psilocybin Init Trailing, More... (9/23/22)

Republicans seek political advantage by calling Mexican cartels "terrorist organizations," the FDA eases rules for groups distributing the opioid overdose reversal drug nalxone, and more.

Colorado magic mushroom proponents have an uphill fight ahead of them, a new poll suggests. (Greenoid/Flickr)
Marijuana Policy

Arkansas Supreme Court Okays Marijuana Legalization Initiative for November Ballot. The state Supreme Court on Thursday held that the Responsible Growth Arkansas marijuana legalization initiative will be counted after all. The move comes after the Board of Election Commissioners ruled that the measure's ballot title was misleading, but the high court disagreed, holding that "initiative power lies at the heart of our democratic institutions" and that the board and prohibitionist groups who had intervened in the case "have not met their burden of proving that the ballot title is insufficient."

Psychedelics

Colorado Poll Has Psilocybin Initiative Trailing. A new poll has the magic mushroom decriminalization initiative, Proposition 122, well south of the 50 percent plus one votes needed to pass in November. The Fox 31/Chennel2/Emerson College/The Hill poll had only 36 percent supporting the measure, with 41 percent opposed and 23 percent undecided. While the large number of undecideds leaves room for hope, they would have to break pretty decisively in favor of the initiative for it to get over the top. Only Democrats favored the initiative (53 percent), while 61 percent of Republicans opposed it. Two racial/ethnic groups emerge as opponents: 64 percent of Blacks oppose it, as do 63 percent of multiracial voters.

Harm Reduction

Opioid Reversal Drug Access to Ease Under Relaxed FDA Rules. The Food & Drug Administration (FDA) announced Thursday that harm reduction programs distributing the opioid overdose reversal drug naloxone will not have to comply with certain federal product tracing requirements. The agency said it would not enforce certain Drug Supply Chain Security Act requirements on programs that are distributing the drug to at-risk communities while an opioid public health emergency exists. "Combating the opioid overdose epidemic is an urgent public health priority for FDA," the agency wrote in the guidance. The FDA "is committed to advancing solutions to reduce opioid overdose deaths in the United States, including by supporting efforts to increase public availability of and access to naloxone."

Foreign Policy

GOP Senators File Bill Designating Drug Cartels as Terrorist Organization. Sens. Roger Marshall (R-KS) and Rick Scott (R-FL) filed a bill Tuesday to formally designate Mexican drug cartels as foreign terrorist organizations. The Drug Cartel Terrorist Designation Act. "The illicit drugs and other deadly activities being carried out by cartels are killing Americans at record rates. Since Joe Biden and the Democrats continue to turn a blind eye, we are going to do something about it by designating the drug cartels as Foreign Terrorist Organizations," said Sen. Marshall. "As these cartels continue to invade our porous southern border in an increasingly militarized approach, this designation is needed to ramp up our efforts to combat them. We will not rest in our fight to stop fentanyl's terrible scourge wreaking havoc in Kansas and across the US." Nonetheless, Mexican cartels are not foreign terrorist organizations; they are drug trafficking organizations.

GOP Texas Governor Designates Mexican Cartels as Terrorist Organizations. Gov. Gregg Abbott issued an executive order Tuesday that designated specified Mexican drug cartels as foreign terrorist organizations, although since Texas does not set US foreign policy it is not clear just exactly what that means. The order instructs the state Department of Public Safety (DPS) "to take immediate action to keep Texans safe amid the growing national fentanyl crisis." Abbott also directed DPS to identify Texas gangs that support the cartels and seize their assets.

OK Legalization Init Won't Be on November Ballot, House Committee Advances Marijuana Bills, More... (9/22/22)

Jockeying over marijuana reform legislation in Congress continues, the Oklahoma Supreme Court says a marijuana legalization initiative won't be on the November ballot but can be voted on later, and more.

Marijuana remains a hot topic on Capitol Hill. (Creative Commons)
Marijuana Policy

House Marijuana Banking Bill Sponsor Says Schumer Reaffirms Commitment to Passing It. Rep. Ed Perlmutter (D-CO), the House sponsor of the Secure and Fair Enforcement (SAFE) Banking Act (HR 1996) says he spoke recently with Senate Majority Leader Chuck Schumer (D-NY) about passage of his bill in the upper chamber and Schumer said he is "working on it" and is "going to get going" on the measure. "Whether that was just lip service or reality, there is momentum," said Perlmutter. "We're going to get this done. It probably won't happen until the lame duck session after the elections, but I've always felt confident that commonsense will prevail and we'll get this finished, and I think we will." The SAFE Banking Act has repeatedly been passed by the House, only to have consideration in the Senate blocked by Schumer, who has been holding out for a comprehensive marijuana legalization bill. But that bill is now not expected to move this session because it does not appear to have 60 votes in the Senate to get past a Republican filibuster.

House Judiciary Committee Approves Criminal Justice Bills, Including Sealing Records of Federal Marijuana Offenses. The committee led by Rep. Jerrold Nadler (D-NY) has approved a number of criminal justice measures, including bipartisan proposals to expunge records for prior federal marijuana offenses (HR 2864), provide funds for states that create systems of automatic expungements (HR 5651) and write into law retroactive relief for people imprisoned because of the crack/powder cocaine sentencing disparity (HR 5455). The move comes as expectations increase that the Senate will soon see a package of modest marijuana reforms after prospects for the passage of a comprehensive marijuana legalization bill sponsored by Majority Leader Chuck Schumer (D-NY) fade.

Oklahoma Supreme Court Keeps Marijuana Legalization Initiative Off November Ballot. The state Supreme Court ruled Wednesday that the State Question 820 marijuana legalization initiative will not be on the November ballot. The court held that it could not be printed on ballot in time to comply with the deadline for mailing them to voters. The initiative met signature-gathering requirements, but got bogged down by a new state law requiring state officials to verify signatures in addition to counting them. But the initiative will eventually go before the electorate. The question "will be voted upon by the people of Oklahoma, albeit either at the next general election following November 8, 2022, or at a special election set by the Governor or Legislature," the court ruled.

State Treasurers Group Renews Call for Marijuana Banking Reform, NY MedMJ Home Grow Regs Adopted, More... (9/21/22)

Indiana lawmakers will meet next week to hear a report on marijuana policy, Louisiana lawmakers have created a task force to look at employment protections for medical marijuana patients, and more.

Marijuana Policy

State Treasures Reaffirm Support for Federal Marijuana Banking Reform at Annual Meeting. The National Association of State Treasurers (NAST) has reaffirmed its support for a resolution that calls on Congress to pass legislation to provide access to banks for the state-legal marijuana industry. The move came at its annual meeting Monday. The resolution says the NAST does not take a position on marijuana legalization but does back legislation to ease the industry's banking problems. The group cites the "ongoing conflict between states' laws legalizing cannabis and current federal laws, resulting in the vast majority of financial institutions refusing to provide banking services to legal cannabis businesses." Leaving the industry without access to banking services is "inefficient, expensive, and opaque, making illicit activity more difficult to track and posing a significant risk to public safety by increasing the likelihood of violent crime." The resolution comes as pressure mounts to pass the Secure and Fair Enforcement (SAFE) Banking Act, which has repeatedly passed the House only to be stalled in the Senate by Majority Leader Chuck Schumer (D-NY), who continues to hold out for a full-fledged marijuana legalization bill.

Indiana Lawmakers to Meet Next Week to Hear Report on Marijuana Policy. Lawmakers will gather on Tuesday for the presentation of a study by a Public Health Summer Study Committee on the potential health benefits, decriminalization and consequences of Delta-8, Delta-9 and other THC products over the last few months. The study was promoted by reform advocates, who hope it will help lay the basis for medical marijuana and/or recreational marijuana legalization. The state Prosecuting Attorneys Council, which opposes both medical and recreational marijuana legalization, will also be present at the capitol to plead its case.

Medical Marijuana

Louisiana Lawmakers Create Medical Marijuana Task Force. Lawmakers have created a special task force on medical marijuana with a special emphasis on ways to prevent employment discrimination against medical marijuana patients. The task force will also examine options for drug testing workers who use the drug. The task force's first meeting in set for a week from today.

New York Regulators Set Rules for Medical Marijuana Home Cultivation. The state's Cannabis Control Board on Tuesday adopted regulations for home grows for medical marijuana patients, opening the way for home cultivation to get underway. Under the regulations, patients can grow up to six plants and caregivers, who can grow for up to four patients, can grow up to 12 plants. The regulations specify that landlords cannot penalize or refuse to lease to patients who grow their own. The regulations came after a public comment period where some advocates argued for higher plant limits to no avail. The board also approved conditional licenses for 19 cultivators and 10 processors.

Trump Again Calls for Death Penalty for Drug Dealers, Peru Coca Crop Up, More... (9/19/22)

California's governor signs another batch of marijuana bills, a Pennsylvania doctor and medical marijuana patient sues over the ban on medical marijuana patients buying handguns, and more.

Peyote buttons. The Native American Church is asking Congress for help to preserve the psychoactive cactus. (Creative Commons)
Marijuana Policy

California Governor Signs Another Batch of Marijuana Bills. Gov. Gavin Newsom (D) on Sunday signed into law 10 marijuana bills, including a bill to allow interstate marijuana commerce, a bill to provide employment protections for marijuana users, a bill to make it easier to seal records of prior marijuana convictions, and a bill barring localities from banning medical marijuana deliveries. For too many Californians, the promise of cannabis legalization remains out of reach," Newsom said. "These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry. I look forward to partnering with the legislature and policymakers to fully realize cannabis legalization in communities across California."

Medical Marijuana

Pennsylvania Doctor Who Is Medical Marijuana Patient Sues ATF, FBI After Being Denied Right to Purchase Handgun. Dr. Matthew Roman, a registered medical marijuana patient, was turned down for a handgun purchase after truthfully telling the clerk that he had a medical marijuana card. The clerk, in compliance with federal law, refused to make the sale. Roman has now filed a federal lawsuit against the ATF and the FBI. In 2011, ATF issued a statement clarifying that a 1968 law barring anyone who uses an "unlawful" substance indeed applies to medical marijuana users even in states where it is legal. Roman's suit argues that "this strict, rigid, blanket prohibition violates the fundamental constitutional rights of tens of thousands of non-violent, law-abiding citizens, and thus violates the Second and Fifth Amendments of the Constitution." In 2016, the 9th US Circuit Court of Appeals ruled against the plaintiff in a similar case.

Drug Policy

At Ohio Campaign Rally, Trump Again Calls for Death Penalty for Drug Dealers. The defeated former president used a campaign rally for Ohio Republicans in Youngstown Saturday to reiterate his call to execute drug dealers. Painting an oratorical portrait of a country awash in crime, he said that "much of the crime wave is caused by drug dealers who during the course of their lives, will kill an average of 500 American citizens not to mention the destruction of millions of American families who are so devastated by drugs. It's an invasion of crime," he added. "And remember much of the crime that we talk about is caused by drugs. And I'm calling for the death penalty for drug dealers and human traffickers." Trump falsely claimed that the death penalty for drug dealers would "reduce drug distribution and crime in our country by much more than 75 per cent. That's in one day

"Every place that has a real death penalty ... they don't have any people dying of drugs. I mean, literally nobody, because these drug dealers are smart," he said. "They say ‘you know what, if I want to keep doing drugs, if I'm going to continue to sell them, I'm not doing them in China. I'll go someplace else like how about the United States of America where nothing happens?’ We would reduce crime in our country by much more than 75 per cent in one hour. In one hour, the day it's passed, it's got to be meaningful, but you would reduce it in one hour," he claimed. "I say it because it's very hard. Nobody ever talks this way. Nobody talks about the death penalty. It's a horrible thing to say. Even for me, it's a horrible thing."

The remarks were met with cheers from the crowd, which also cheered a Q-Anon anthem played at the rally's end and raised their arms in a one-finger Q-Anon salute to it. Trump was campaigning for Republican senatorial candidate JD Vance, who he said was "kissing my ass" to maintain his support It is not clear what Vance's position on the death penalty for drug dealers is.

Psychedelics

Native American Church Leaders Ask Congress for Money to Support Peyote Cultivation and Preservation. Leaders of the Native American Church, whose members can lawfully use the psychoactive cactus peyote, held multiple meetings with members of Congress last week in a bid to garner federal funding for efforts to preserve the limited habitats where peyote can be grown. The supply of peyote is limited and under strain, and Native American Church members want assistance to ensure that it remains available for future generations. Peyote is a slow-growing crop that takes 10 years to mature, and it is stressed by climate change, unsustainable agricultural practices, and increase non-Native use of the hallucinogen.Specifically, church leaders and the National Congress of American Indians (NCAI) are lobbying lawmakers to allocate $5 million in funding from USDA’s Conservation Reserve Program or Interior’s Office of the Assistant Secretary for Indian Affairs to provide compensation to landowners who agree to convert their property to protected peyote habitats.

International

Peru Reports Coca Crop Grew by 30 Percent Last Year. The area devoted to coca cultivation increased by more than 30 percent last year, reflecting rising coca cultivation in the country ever since 2015. Ricardo Soberon, head of the drug agency DEVIDA, said cultivation had reached 200,000 acres in 19 coca zones, up from 14 in 2020. Soberon said Peruvian producers were responding to high demand from the United States and Europe. "How can we act to reduce the supply if there is a growing demand to buy cocaine," he asked, pointing out that at a kilo of cocaine goes for $1100 in Peru, but nearly $45,000 in London or Paris. 

(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.)

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

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

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

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

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

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

Drug Treatment

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

Foreign Policy

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

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

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

Federal Bill to Help Small Pot Growers, UN Report on Philippines, More... (9/14/22)

Bolivia coca conflict continues, the back and forth over the Arkansas marijuaan legalization also continues, and more.

Reps. Earl Blumenauer (D-OR) and Jared Huffman (D-OR) have a plan to help small marijuana producers. (Creative Commons)

Marijuana Policy

Arkansas Secretary of State Declares Marijuana Legalization Initiative "Insufficent." Secretary of State John Thurston (R) declared Tuesday that the Responsible Growth Arkansas marijuana legalization initiative is "insufficient" to appear on the ballot the State Board of Election Commissioners did not certify the ballot title and popular name of the measure. But the measure will appear on the ballot nonetheless because the state Supreme Court last month ordered its conditional placement on the ballot while it takes up the issue. It has yet to issue a final ruling on whether the vote will count.

California, Oregon Congressmen File Bill to Allow Small Growers to Sell Direct to Consumers Across State Lines. Rep. Jared Huffman (D-CA) and Earl Blumenauer (D-OR) have filed a bill to help small marijuana growers compete against large corporations by allowing them to ship and sell their product directly to consumers across state lines once marijuana is federally legalized. The bill is the Small and Homestead Independent Producers (SHIP) Act, which is yet to receive a bill number.
 

International

Bolivia Coca Conflict Continues. Last week, union coca growers opposed to an officially unsanctioned "parallel" legal coca market burned it to the ground, but this week union coca growers who supported the destroyed market sold coca leaves on its steps, demanded the government declare theirs is the only legitimate coca market, and announced another round of mass mobilizations to demand justice. The battle pits the government-allied coca growers of the Arnold Alanes bloc against growers from the Departmental Association of Coca Producers (Adepcoca) led by Freddy Machicado. The conflict is now nearly a year old, dating from the election of Alanes as the leader of Adepcoca, but the Machicado faction rejects his authority.

UN Report Calls for Philippines to Take New Approach to Drug Policy. Amid continuing reports of human rights violations and abuses in the Philippines, including in the context of anti-drug operations, victims still face challenges in seeking justice, a UN report published Tuesday finds. In the report, the Office of the High Commissioner for Human Rights acknowledges the Government’s commitment to cooperate with the UN human rights mechanisms, including through an innovative UN joint program on human rights that is being implemented with Government agencies, the national human rights institution and civil society. The report, mandated by Human Rights Council resolution 45/33, calls for the new Philippines administration to adopt a transformative approach that looks to rights-based solutions for critical issues, including drug law enforcement and counter- terrorism, and to end divisive rhetoric that puts human rights defenders at risk. While acknowledging some progress in a number of areas, the report notes that considerable challenges remain.

"The Government took some initiatives to advance accountability for human rights violations and abuses… However, access to justice for victims of human rights violations and abuses remained very limited. Institutional and structural shortcomings in law enforcement and the judiciary remained, despite efforts to address some cases," it says. The report highlights "limited oversight of human rights investigations, inadequate investigation capacity and inter-agency cooperation, limited forensic capacity and protracted judicial processes."

The Philippines has admitted to more than 5,000 drug war killing by police during the recently-ended term of Rodrigo Duterte, but human rights groups put the death toll in the low tens of thousands.

Philippines President Promises to Dial Back Deadly Drug War. Newly-installed President Ferdinand Marcos Jr. has vowed to pursue a less violent and punitive approach to drug problem after the drug war unleashed by his predecessor, Rodrigo Duterte, left tens of thousands dead and little accountability. The war on drugs will continue, but we will have to do it a different way," Marcos said. "In fact, right now, we are trying to formulate what is the best way for the rehabilitation program. These are all being formulated." The new anti-drug campaign will emphasize "the upstream of the problem, the prevention," he added. While Marcos's remarks point to a break with tough Duterte-era policies, he stopped short of any explicit condemnation of his bloody policies. 

Oklahoma Legalization Init May Miss November Ballot, San Francisco Could Open Safe Injection Sites, More... (8/24/22)

A bipartisan coalition of senators is demanding justice for another American medical marijuana user imprisoned in Russia, a Nebraska senator vows to file a medical marijuana bill next year after an initiative campaign came up short, and more.

Even though Gov. Newsom (D) vetoed a safe injection site bill, San Francisco may move forward anyway. (Creative Commons)
Marijuana Policy

Oklahoma's Use of Private Vendor to Count Signatures Could Cause Marijuana Legalization Initiative to Miss November Ballot. Yes on 820, the group behind the state's marijuana legalization initiative, is warning that the state's use of a private vendor for the first time to count signatures caused delays that may result in the measure being bumped from the November ballot. The initiative has met the signature threshold to qualify, but the count must now be approved by the state Supreme Court, and after that, a 10-day period for anyone to challenge the signatures. That is running up against a Friday election board deadline, and could keep the initiative off the ballot. "The last petition Oklahomans voted on took 17 days to count 313,000 signatures," Yes on 820 said. "In contrast, we submitted half that amount and it has taken three times as long. This delay means the election board may not receive the green light to print the ballot in time for voters to vote on it in November."

Medical Marijuana

Nebraska State Senator Pledges to Introduce Medical Marijuana Bill After Initiative Campaign Come up Short. After a campaign to put a medical marijuana initiative on the November ballot came up short on signatures, state Sen. Jen Day (D-Gretna) vowed to file a medical marijuana bill in the 2023 legislative session. She said she was also exploring the possibility of calling a special session this fail to take up the issue. "We will exhaust every measure possible to get Nebraskans the medical freedom they deserve and want," Day said. "We know that Nebraskans strongly support this."

Foreign Policy

Bipartisan Senators Demand Justice for Another US Citizen Imprisoned in Russia for Medical Marijuana. A bipartisan coalition of senators have sent a letter to Secretary of State Anthony Blinken calling on the State Department to classify imprisoned US medical marijuana patient Marc Fogel as "wrongfully detained" in Russia, the same status that has been afforded to WNBA basketball player Brittney Griner. "Mr. Fogel's recent 14-year sentence to a maximum-security penal colony for possession of less than an ounce of medical marijuana can only be understood as a political ploy by Vladimir Putin's authoritarian regime," the senators wrote. "Mr. Fogel, a 61-year-old with severe medical conditions, has already been detained for a year. The United States cannot stand by as Mr. Fogel wastes away in a Russian hard labor camp. As the US highlights Griner's unjust detention, Fogel's case "warrants the same degree of political attention and diplomatic intervention," the senators said.

Harm Reduction

San Francisco Could Still Move Ahead with Safe Injection Sites Despite Veto of Bill. Although Gov. Gavin Newsom (D) vetoed a bill to allow safe injection site pilot programs in Los Angeles, Oakland, and San Francisco on Monday, San Francisco City Attorney David Chiu said that he would support a nonprofit opening such a site in the city. "To save lives, I fully support a non-profit moving forward now with New York's model of overdose prevention programs," Chiu said in the statement. New York City has a nonprofit group running two safe injection sites. Two city nonprofits, HealthRight360 and the AIDS Foundation, said they are willing to operate sites, but need a location and funding, either from the city or from private donors, as is the case in New York City.

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