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Biden Administration Rolls Out Plan to Confront Xylazine-Fentanyl Phenomenon [FEATURE]

In its latest move to confront the rapidly rising incidence of overdose deaths and other deleterious consequences of the combination use of the veterinary tranquilizer xylazine ("tranq") and fentanyl, the Biden administration on Tuesday released a National Response Plan to coordinate a whole-of-government approach to the threat.

The veterinary tranquilizer and pain reliever xylazine is bad news in combo with fentanyl. (NY OASAS)
The plan calls for a public health campaign of increased testing and treatment and more data collection to see how the drug combo spreads and contributes to overdose numbers. But it also calls for looking into whether to schedule xylazine and includes the reflex resort to law enforcement to try to suppress supply.

This is just the latest in a series of steps the administration has taken since late last year to address the emerging phenomenon. Last December, Office of National Drug Control Policy (ONDCP -- the drug czar's office) head Dr. Rahul Gupta hosted a listening session with public health and public safety leaders and subject matter experts from several states and territories about trends they are seeing related to xylazine and efforts to address these trends. In January, Dr. Gupta convened the Evolving and Emerging Threats Committee to discuss the emergence of fentanyl adulterated with xylazine in the illicit drug supply.

In February, the Food and Drug Administration took action to restrict the unlawful entry of xylazine active pharmaceutical ingredients and finished dosage form drug products into the country and in March, the Drug Enforcement Administration issued a public safety alert to warn the American public of a sharp increase in the trafficking of fentanyl mixed with xylazine. In April, Dr. Gupta named the xylazine-fentanyl combination an emerging public health threat, the first time such a designation has been used since Congress authorized it in 2018.

"Since we announced the emerging drug threat earlier this year, we've been working tirelessly to create the best plan of attack to address this dangerous and deadly substance head-on," said Dr. Gupta in a statement. "Now, with this National Response Plan, we are launching coordinated efforts across all of government to ensure we are using every lever we have to protect public health and public safety, and save lives. As a doctor, I have seen the devastating consequences of xylazine combined with fentanyl firsthand. And as President Biden's drug policy advisor, I am laser-focused on finding every tool we have and following the best evidence-based practices to take on this new challenge. This will be an all-hands-on-deck effort -- but I am confident we can take action together and eradicate this emerging threat."

Fentanyl first emerged as a significant actor in the illicit drug market in the early to mid-2010s, while xylazine entered the scene in the late 2010s. Now, xylazine has been detected in nearly every state in the country, and xylazine-involved overdose deaths are skyrocketing, albeit from very low initial levels. The Centers for Disease Control and Prevention (CDC) reported last month that the monthly percentage of fentanyl deaths with xylazine detected jumped from 2.9 percent in January 2019 to 10.9 percent in June 2022. CDC also found that the death rate from xylazine overdoses jumped 35-fold from 2018 to 2021.

Xylazine is a tranquilizer, not an opioid, and thus does not respond to opioid overdose reversal drugs such as naloxone. It also has other serious potential health effects, including wounds that may eventually require amputations, as well as breathing difficulties.

"If we thought fentanyl was dangerous, fentanyl combined with xylazine is even deadlier," Dr. Gupta said in a press call previewing the plan Monday.

But he warned that the plan will need Congress to step up with funding if it is to be be fully implemented. He noted that the Biden administration Fiscal Year 2024 budget request includes funding for emerging threats.

"We will do what we can with what we have until we get the resources from Congress," Dr. Gupta said. "It's a matter of utilizing what we have right now in order to save lives while we're encouraging Congress to pass the president's budget and provide those resources as quickly as possible. We're going to move ahead as quickly as possible because the fact is that lives are on the line."

Delaware Fentanyl/Xylazine Test Strip Pilot, SAFE Banking Act Could Get Committee Vote, More... (7/6/23)

A bipartisan marijuana legalization bill is filed in Pennsylvania, New York puts legal weed sales at farmers markets on hold, and more.

A farmers market. There is no weed for sale at New York farmers markets -- at least not yet. (Pixabay)
Marijuana Policy

Senate SAFE Banking Act Committee Vote Could Come This Month. Key senators have said they want to hold a vote on the long-awaited Safe and Fair Enforcement (SAFE) Banking Act (S. 1323) this month as the Senate reconvenes after the 4th of July holiday. Senate Banking Committee Chairman Sherrod Brown (D-OH) said he would "like" to hold a vote this month but that "it depends" on whether unrelated bills the committee has already passed make it to a Senate floor vote.

Similarly, bill sponsor Sen. Jeff Merkley (D-OR) said legislators were "going to do a deep plunge now and try to set the stage, hopefully, for a markup when we return from break."

The bill, which repeatedly passed the House in previous years only to die in the Senate, would provide state-legal marijuana businesses with access to the financial system. Currently, the industry must deal almost exclusively with cash, leaving workers and owners vulnerable to theft and robbery.

New York Governor Delays Plan to Allow Legal Weed Sales at Farmers Markets. Gov. Kathy Hochul (D) is pausing a program to allow licensed marijuana growers and retailers to sell marijuana at farmers markets before it even got started. The Office of Cannabis Management (OCM) had announced the plan last month as part of an effort to help legal growers sitting on a mountain of weed -- more than 300,000 pounds -- because of the extreme slowness of opening up state-licensed retail outlets. Only 16 retailers and delivery services are open across the state.

But the Hochul administration made clear Wednesday that farmers market sales were not happening yet. "We are committed to the success of New York's equitable cannabis industry, and are always open to considering opportunities to strengthen the program. No final decisions have been made with respect to farmers markets," said Office of Cannabis Management spokesman Aaron Ghitelman.

The industry isn't happy: "The failure to roll out the farmer's market program is just the latest in OCM's long list of broken promises," said Rev. Kirsten John Foy, spokesman for the Coalition for Access to Regulated & Safe Cannabis. OCM has been ineffective at every turn; growers, CAURD licensees, disabled veterans, workers, consumers, medical cannabis patients and individuals harmed by cannabis prohibition are paying the price for its ineptitude -- all while the illicit market booms."

Pennsylvania State Senators File Bipartisan Marijuana Legalization Bill. Sens. Dan Laughlin (R-49) and Sharif Street (D-3) have introduced bipartisan legislation, Senate Bill 846, to legalize adult use of marijuana in Pennsylvania.

"Legalized adult use of marijuana is supported by an overwhelming majority of Pennsylvanians and this legislation accomplishes that while also ensuring safety and social equity," said Laughlin. "With neighboring states New Jersey and New York implementing adult use, we have a duty to Pennsylvania taxpayers to legalize adult-use marijuana to avoid losing out on hundreds of millions of dollars of new tax revenue and thousands of new jobs."

The legislation would grant licenses to sell marijuana to social and economic equity applicants while providing room for new and existing licensees to ensure demand in Pennsylvania is met. Moreover, it expunges non-violent marijuana convictions for medical marijuana patients, which has also been championed in a bipartisan fashion, and goes further to expunge all nonviolent marijuana convictions.

Harm Reduction

Delaware Begins Pilot Program to Test for Both Fentanyl and Xylazine. State health officials have launched a pilot program to test substances for the presence of both fentanyl and xylazine, the veterinary tranquilizer known as "tranq" that has now made its way into unregulated drug markets. The testing strips used detect the presence of either drug.

The test strip is the new HARMGuard FX test strip and cost about $3 each -- although the price could go down with bulk orders. The state initially ordered 500 of the test strips.

WHO Calls Out Global Morphine Pain Relief Disparities, Vance Wants US Military Force Against Cartels, More... (7/3/23)

A British festival organizer is reaming the Home Office over its sudden requirement that pill testing efforts be licensed, another Republican politician wants to use the US military to fight Mexican drug cartels, and more.

morphine prescription bottle (Creative Commons)
Medical Marijuana

Florida Governor Signs Bill Barring Medical Marijuana at Sober Living Facilities. Gov. Ron DeSantis (R) has signed into law Senate Bill 210, which bars sober living facilities from allowing residents to use or possess medical marijuana, even if that use is medically authorized. The law does not apply to any other doctor-approved drugs. Now, people seeking licenses to run recovery residences will need to certify that they don't allow the use of marijuana, "which includes marijuana that has been certified by a qualified physician for medical use."

He also signed Senate Bill 1676, which bars the sale of smokeless hemp products such as "snuff, chewing gum, and other smokeless products" to people under 21. Previously, hemp regulations only barred the sale of smokable hemp products to people under 21.

Foreign Policy

Senator JD Vance Endorses Use of Military Against Mexican Drug Cartels. Freshman Senator JD Vance (R-OH), an acolyte of former President Donald Trump, has suggested giving American presidents the power to use the US military to go after drug trafficking organizations in Latin America.

"I want to empower the president of the United States, whether that's a Democrat or Republican, to use the power of the US military to go after these drug cartels," Vance said on Meet the Press on Sunday. "We have to recognize the Mexican government is being, in a lot of ways, destabilized by the constant flow of fentanyl," Vance added.

Vance is only the latest Republican office holder to call for the US military to be deployed against the cartels. Florida Gov. Ron DeSantis, said last week that he supported using "deadly force" to fight them, and fellow Republican presidential contender Sen. Tim Scott (SC) said he would dispatch US special forces to fight the cartels.

Mexican President Andres Manuel Lopez Obrador is having none of it. "We are not going to permit any foreign government to intervene in our territory, much less that a government's armed forces intervene," he said at a news conference in March.

International

WHO Report Calls Out Global Disparities in Use of Morphine to Relieve Pain. The World Health Organization (WHO) has issued a report saying the use of morphine to treat pain, ease end-of-life experiences, and helping people get through medical emergencies is vital but suffers from great disparities. "Millions of people continue to suffer preventable pain," the report notes.

In the Western Hemisphere, for example, the US utilizes nearly 80 percent of the supply, leaving Latin America in the lurch. More broadly, wealthy countries consumed an estimated 125.9 does per million people a day in 2021, compared with just two doses per million people in low-income countries.

The report's authors recommend establishing affordable pricing policies worldwide, expanding access to people beyond those suffering from cancer and HIV/AIDS, and setting up distribution hubs.

"Leaving people in pain when effective medicines are available for pain management, especially in the context of end-of-life care, should be a cause of serious concern for policymakers," said Yukiko Nakatani, WHO assistant director general for medicines and health products.

British Festival Head Threatens Legal Action over Ban on Pill Checking. Sacha Lord, founder of the Parklife music festival, has formally threatened legal action against the government over its moves against checking pills and powders that attendees turn it at festivals and other events. The Home Office recently barred other festivals from doing pill checking, saying they needed licenses to do so, even though pill checking has gone on at festivals for the past 10 years.

Large festivals, such as Glastonbury and Reading, have used private companies to do the pill checking, while smaller festivals have relied on charities such as The Loop, which has agreements with local police and governments to be able to test at events.

In a letter to the Home Office, Lord said the Home Office was "well aware" of those arrangements and that former ministers had publicly stated that they would not interfere with them. He also chided the Home Office for announcing the licensing requirement just two days ahead of the Parklife festival, making it impossible to obtain in time and jeopardizing the health of festival-goers. The letter demands that the government allow testing without a license to proceed or to take steps to ensure festivals have enough time to comply with the license requirement.

(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.)

FDA Issues First Guidance on Psychedelics, Fed Ban on DC Pot Sales Advances Again, More... (6/26/23)

A pair of senators file a bill to allow Mexican troops to be trained by the US military to fight drug cartels, the FDA issues its first draft guidance on psychedelics, and more.

GOP presidential contender Ron DeSantis does not want to free the weed. (florida.gov)
Marijuana Policy

Federal Ban on DC Weed Sales Advancing Again in This Congress. A Fiscal Year 2024 spending bill that includes a ban on legal marijuana sales within the District of Columbia advanced in Congress last week. The spending bill was approved last Thursday by the House Appropriations Financial Services and General Government Subcommittee. The ban on DC weed sales was included as a rider to the spending bill, a move Rep. Eleanor Holmes Norton (D-DC) denounced as "outrageous."

DC voters approved marijuana legalization in 2014, but Rep. Andy Harris (R-MD) has used riders ever since to block the District from allowing sales by barring the use of any federal funds to do so. The riders survived even when Democrats controlled the House and now, under Republican control of the House, is included in the base spending bill.

Ron DeSantis Says He Would Not Decriminalize Marijuana if Elected President. President Ron DeSantis would not decriminalize marijuana, Republican presidential candidate Ron DeSantis said at a campaign event last Thursday. DeSantis was responding to a question from a person representing wounded veterans who asked him to "please" decriminalize the plant.

"I don't think we would do that," DeSantis responded, then pointed to Florida'' medical marijuana program, saying it "actually allowed access" for veterans to use marijuana, but that it was "controversial because obviously there's some people that abuse it and are using it recreationally."

He also made familiar claims about marijuana potency and repeated unfounded assertions that marijuana is being adulterated by other drugs such as fentanyl.

Psychedelics

FDA Issues First Draft Guidance on Clinical Trials with Psychedelic Drugs. The US Food and Drug Administration last Friday published a new draft guidance to highlight fundamental considerations to researchers investigating the use of psychedelic drugs for potential treatment of medical conditions, including psychiatric or substance use disorders. This is the first FDA draft guidance that presents considerations to industry for designing clinical trials for psychedelic drugs.

There has been growing interest in the therapeutic potential of psychedelic drugs in recent years. They are being evaluated for use in the potential treatment of conditions such as depression, post-traumatic stress disorder, substance use disorders and other conditions. However, designing clinical studies to evaluate the safety and effectiveness of these compounds presents a number of unique challenges that require careful consideration.

The purpose of the draft guidance is to advise researchers on study design and other considerations as they develop medications that contain psychedelics. Within the draft guidance, the term psychedelics refers to "classic psychedelics," typically understood to be drugs such as psilocybin and lysergic acid diethylamide (LSD) that act on the brain's serotonin system, as well as "entactogens" or "empathogens" such as methylenedioxymethamphetamine (MDMA).

Foreign Policy

Cornyn, King Introduce Bill to Increase US-Mexico Military Cooperation to Combat Cartels. US Senators John Cornyn (R-TX) and Angus King (I-ME) introduced the Partnership for Advancing Regional Training and Narcotics Enforcement Response Strategies (PARTNERS) Act, which would allow the Department of Defense (DoD) to train Mexican military forces in the United States to combat cartels in Mexico.

The PARTNERS Act would create a military-to-military pilot program through the DoD to bring Mexican military forces to the US to receive tactical training that they can employ in Mexico to counter transnational criminal organizations (TCO), including cartels, weapons dealers, drug traffickers, and human smugglers.

(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.)

Aaron Rodgers Calls for Psychedelic Legalization, PA MedMJ Bill Package Advances, More... (6/22/23)

A House committee has approved a defense spending bill with a pair of drug provisions, the Maine Senate kills a safe injection site bill but offers a study substitute, and more.

Pennsylvania is moving to liberalize its medical marijuana program. (Creative Commons)
Medical Marijuana

House Committee Approves Medical Marijuana, Psychedelic Study Amendments to Military Appropriations Bill. The House Armed Services Committee approved the National Defense Authorization Act on Wednesday after first accepting amendments to create a medical marijuana pilot program and mandate a study into the potential therapeutic benefits of psychedelics for active-duty military members.

Rep. Nancy Mace (R-SC) offered the medical marijuana amendment, which would create a pilot program studying the health impacts of marijuana use by veterans and service members who are Department of Veterans Affairs (VA) patients. The program would be limited to VA patients suffering from PTSD, depression or anxiety, or who have been prescribed pain management.

Rep Morgan Luttrell (R-TX offered the therapeutic psychedelic amendment.

Pennsylvania Medical Marijuana Expansion Bill Package Advances. The Senate Law and Justice Committee has approved a package of bills that would broaden the state's medical marijuana program, including permitting the sale of edibles and removing the need to have a specified qualifying condition. The package won on a near-unanimous vote. The package now heads for a Senate floor vote.

Psychedelics

At Psychedelic Science Conference, NFL Quarterback Aaron Rodgers Calls for Psychedelic Legalization. NFL quarterback and ayahuasca aficionado Aaron Rodgers advocated for psychedelic legalization as he addressed the Psychedelic Science conference in Denver Wednesday.

"Is it not ironic that the things that actually expand your mind are illegal and the things that keep you in the lower chakras and dumb you down have been legal for centuries?" said Rodgers.

He also discussed his use of ayahuasca, calling it "radically life-changing" and said many pro athletes had reached out to him after he spoke out earlier about his experiences. "The response from other people in the sports industry has been incredible. To see basketball players and baseball players and surfers, entertainers and my own teammates and colleagues across the league reach out and either share their story about their own medicine journey or ask to be a part of an upcoming one was pretty special."

Harm Reduction

Maine Senate Kills Safe Injection Site Bill. The Senate on Wednesday killed a bill that would have allowed for safe injection sites, but advanced a different version of the bill that would require Gov. Janet Mills (D) to create a study group the issue before deciding on whether to allow them. Gov. Mills has opposed safe injection sites.

AR Judge Voids Laws Altering MedMJ Law, EU Releases Annual Drug Report, More... (6/16/23)

There are signals that a federal marijuana rescheduling decision will be reached this year, a Senate bill to crack down on drug cartel use of social media wins a committee vote, and more.

Europe is being flooded with cocaine. Spanish authorities caught this batch in 2014. (minisdef.es)
Marijuana Policy

Top Biden Official Says Marijuana Rescheduling Decision Will Go to President This Year. Department of Health and Human Services (HHS) Secretary Xavier Becerra said Thursday that the department is working to present a marijuana rescheduling decision to President Biden "this year." Agencies are working "as quickly as we can" to complete the administrative review, Becerra added.

"What I can tell you is that the president instructed us at HHS -- FDA in particular -- to take a look at how we treat marijuana to see if we can update our review of marijuana as a drug and how we can make sure how we treat it going forward on the federal level," Becerra told Marijuana Moment. "Places like California have already changed the laws, the federal government has not, and so we've been instructed and we're underway with that review as we speak."

The administration is under pressure from lawmakers as well as activists and the industry to get the job done even as Congress works on incremental marijuana law reforms, such as giving marijuana businesses access to the banking history.

Medical Marijuana

Arkansas Judge Throws Out Slew of Laws Modifying Voter-Approved Medical Marijuana Law. Pulaski County Judge Morgan "Chip" Welch on Wednesday threw out 27 laws adopted by the legislature to modify the Amendment 98 medical marijuana initiative approved by voters in 2016. Welch deemed the laws unconstitutional because they made changes to Amendment 98 without letting residents vote on them, which is required by state law.

The voided laws include one barring the use of telemedicine for patients to get a written certification, one prohibiting National Guard members from being caregivers, one that added criminal background checks and changed "excluded felony offenses," one that regulated advertising, one that allowed for the transfer of licenses among dispensaries and cultivation companies, and many, many more.

Drug Policy

Senate Homeland Security Committee Approves Bill to Crack Down on Cartel Recruitment and Smuggling on Social Media. The Homeland Security and Governmental Affairs Committee today approved bipartisan legislation offered by the Border Management Subcommittee Ranking Member Senator James Lankford (R-OK) and Chair Senator Kyrsten Sinema (I-AZ). The Combating Cartels on Social Media Act (S. 61) aims to crack down on cartels that recruit teenagers through social media to conduct smuggling and trafficking.

Lankford accused big social media companies of "pick[ing] and choos[ing] which illegal activities they like and which they do not like, and clearly, they like people illegally crossing the US border. Social media companies need to be held accountable for turning their heads to human trafficking at the cost of human lives."

Sinema accused the companies of effectively helping the cartels recruit teenagers on both sides of the border.

The bill would require the Department of Homeland Security (DHS) to analyze cartels' illicit usage of social media and establishes a process for technology companies to voluntarily report cartel recruitment efforts in the US to DHS and state and local partners.

International

European Union Drug Report Finds Continent Exposed to More Drugs Than Ever. In its annual report released Friday, the European Monitoring Center for Drugs and Drug Addiction (EMCDDA) finds that the availability of illicit drugs remains high and that people on the continent are being exposed "to a wider range of psychoactive substances."

The report noted massive increases in drug seizures between 2011 and 2021, led by cocaine (up 416 percent), marijuana (up 260 percent), meth (up 135 percent) and MDMA ( up 123 percent).

The report found that, though there is demand for these drugs within the EU, "it is likely that increases in quantities seized reflect, at least partially, the larger role played by Europe as a place of production, export and transit for these drugs."

"Almost everything with psychoactive properties can appear on the drug market, often mislabeled or in mixtures. This is why illicit drugs can affect everyone, whether directly through use, or indirectly, through their impact on families, communities, institutions and businesses," EMCDDA Director Alexis Goosdeel said in a statement.

"While western and southern Europe remain the main markets for cocaine, there are signs of cocaine consumption becoming increasingly more common in cities in eastern Europe -- indicating that the cocaine retail market is also developing in other regions. In terms of high-risk opioid use, the countries with the highest number of users per 1,000 inhabitants are Italy, Austria, France, Greece, Spain and Germany," wrote Teodora Groshkova, principal scientific analyst at EMCDDA and Gregorio Planchuelo, database management development officer at EMCDDA.

Civil Asset Forfeiture Reform Bill Advances in House, RI House Passes Psilocybin Decriminalization, More... (6/15/23)

Oklahoma's governor vetoes a medical marijuana regulation bill, Texas's governor signs into law a bill allowing murder prosecutions for fentanyl overdose deaths, and more.

Texas will now allow prosecutors to seek murder charges in cases of fentanyl overdoses. (Creative Commons)
Medical Marijuana

Oklahoma Governor Vetoes Medical Marijuana Regulation Bill. Gov. Kevin Stitt (R) has vetoed a bill that would have imposed more regulations on the state's medical marijuana industry, Senate Bill 437. Among other provisions, the bill would have required the Oklahoma Medical Marijuana Authority to maintain a registry of physicians recommending medical marijuana and would have required dispensary workers to comply with continuing education requirements. Stitt did not issue a veto message or give any other indication of why he vetoed the bill.

Opiates and Opioids

Texas Governor Signs into Law Bill Allowing Murder Charges for Fentanyl-Related Overdose Deaths. Gov. Greg Abbott (R) on Wednesday signed into law House Bill 6, which increases penalties for selling and distributing fentanyl and allows prosecutors to seek murder charges for fentanyl makers or sellers if someone dies as a result of a fentanyl overdose.

"Fentanyl is an epidemic that very simply, is taking too many lives," Abbott said during the bill signing ceremony. "Because of the courageous partnership of grieving family members Texas legislators and our office, we are enshrining into law today new protections that will save lives in Texas."

The legislature's commitment to saving lives of fentanyl users only goes so far, though. A bill that would have legalized fentanyl test strips died in the Senate after passing the House.

Psychedelics

Rhode Island House Approves Psilocybin Decriminalization Bill. The House on Monday approved House Bill 5923, which would decriminalize the possession of personal use amounts of psilocybin, the psychedelic compound in magic mushrooms. The bill would also allow for the therapeutic use of psilocybin to treat chronic mental disorders if the Food & Drug Administration approves it.

"This is a step toward addressing mental health treatment in a modern way based on evidence and research," said bill sponsor Rep. Brandon Potter (D). "Psilocybin can be used safely, both recreationally and therapeutically, and for our veterans and neighbors who are struggling with chronic PTSD, depression and addiction, it can be a valuable treatment tool. Adults in our state deserve the freedom to decide for themselves and have access to every treatment possible, rather than have our state criminalize a natural, non-addictive, effective remedy."

The bill would allow people to possess up to one ounce of psychedelic mushrooms or grow mushrooms containing psilocybin at home for personal use. It would also require the Rhode Island Department of Health to create rules for the use of psychedelic mushrooms.

Companion legislation, Senate Bill 0806, awaits action in the Senate.

Asset Forfeiture

House Judiciary Committee Approves Civil Asset Forfeiture Reform Bill. The House Judiciary Committee on Wednesday unanimously approved HR 1525, the Fifth Amendment Integrity Restoration (FAIR) Act, clearing the way for a House floor vote on the measure.

Sponsored by Reps. Jamie Raskin (D-MD) and Tim Walberg (R-MI), the act would increase the burden of proof on law enforcement and prosecutors to show that the seized property is related to criminal activity. It would also shorten the time authorities have to return seized goods. And it eliminates administrative forfeiture, forcing law enforcement to seek a court order before seizing property.

"This can create a perverse incentive to seize and sell the private property of potentially innocent citizens to increase agency revenues, despite some states' efforts to protect property rights," Judiciary Committee Chair Rep. Jim Jordan (R-OH) said. "The result is a system that unjustly infringes on the liberties of innocent American citizens."

NV Lawmakers Approve Legal Pot Reform Bill, Peru Blows Up Cocaine Air Strips, More... (6/13/23)

Missouri NORML is threatening recalcitrant rural counties with court orders over their failure to get expungements done, a pair of senators file a bill to fight Mexican cartels by increasing southbound inspections near the border, and more.

Futile pursuits. Peruvian troops blow up a clandestine air strip used in the cocaine trade. (Peru Interior Ministry)
Missouri NORML Threatens Court Order Against Counties for Failing to Meet Expungement Deadline. Last Thursday was the deadline for counties to expunge all misdemeanor marijuana cases, but several rural counties failed to meet that deadline, and now Missouri NORML is threatening to seek a court order to force them do so.

The expungement provision was part of last November's Amendment 3 marijuana legalization initiative, but some of those counties have made little or no effort to comply, said Missouri NORML spokesman Dan Viets. "Many rural counties did not have a majority in favor of Article 14. In some cases, I think we are seeing a reflection of that fact in the reluctance of county officials to follow the constitution. Once the deadline has passed, there certainly is a basis for seeking a court order that the lower courts comply with the constitution. This is not a discretionary matter. It's not a matter of choice. It's a matter of mandate."

Nevada Legislature Approves Omnibus Marijuana Reform Bill. Lawmakers last week gave final approval to an omnibus marijuana law reform bill, Senate Bill 277, and sent it to the desk of Gov. Joe Lombardo (R). The bill revises upward the amount of weed a person can buy or possess from one ounce to 2.5 ounces and doubles the amount of allowable concentrates from one-eighth ounce to one-quarter ounce. The bill also gives medical marijuana dispensaries new flexibility to serve adult use customers.

Drug Policy

Senators Hassan, Lankford Introduce Bipartisan Bill to Combat Drug Cartels by Increasing Southbound Border Inspections US Senators Maggie Hassan (D-NH) and James Lankford (R-OK), both members of the Senate Homeland Security and Governmental Affairs Committee, introduced bipartisan legislation to increase inspections of traffic going from the US to Mexico, which would help combat the flow of illicit firearms and money that fuel drug cartels.

"Shutting down drug cartels requires disrupting the supply chains that bring illicit guns and cartel profits from the US to Mexico," Senator Hassan said. "By significantly increasing inspections of southbound traffic at the Southern border, this bipartisan legislation will crack down on fentanyl and other drug trafficking and help save lives. I will continue working to address the opioid crisis that is devastating New Hampshire and urge my colleagues to join this important legislation."

Specifically, the bipartisan Enhancing Southbound Inspections to Combat Cartels Act would:

1. Require that at least 20 percent of southbound vehicles are inspected, to the extent practicable.

2. Authorize at least 500 additional Customs and Border Protection officers to assist with southbound inspections.

3. Authorize at least 100 additional Homeland Security Investigations agents.

4. Authorize 50 additional x-ray inspection systems for southbound inspections.

International

Peru Blows Up Clandestine Air Strips Used in Cocaine Trade. The government of embattled President Dina Boluarte continues to wage the war on drugs, proudly reporting that authorities have destroyed 18 clandestine air strips used to move coca leaf and cocaine from the Peruvian jungle into neighboring countries and Europe. The Peruvian National Police say their goal is destroy 30 air strips by year's end.

"The majority of these airstrips are located in very remote places and are guarded by heavily armed men. They generally extent more than 1 kilometer," said Pedro Yaranga, a Peruvian narcotrafficking and terrorism expert. "Most of the narco planes come from Bolivia. They also send drugs to Paraguay and some border areas of Brazil, with Europe as the final destination."

The strips were destroyed in the departments of Pasco, Huánuco, and Ucayali, where authorities also deployed monitoring and intelligence operations.

SAFE Banking Act to Get Committee Vote Soon, Study Finds Opioid Busts Could Increase ODs, More... (6/8/23)

A federal bill to fund university research on medical maerijuana gets filed, a federal asset forfeiture reform bill moves, and more.

Overdose deaths are prompting old punitive responses and possible new, more effective responses. (Pixabay)
Marijuana Policy

SAFE Banking Act to Get Senate Committee Vote Within Weeks, Chairman Says. Sen. Sherrod Brown (D-OH), chairman of the Senate Banking Committee, has said that the Secure and Fair Enforcement (SAFE) Banking Act (S. 1323) would get a committee vote within weeks. "We’re looking at markup on the fentanyl issue, the executive compensation issue, and the Safe Banking Act issue and we want to do all that in the next two or three weeks,"Brown said.

The bill would give state-legal marijuana businesses access to the American banking system. Previous efforts to advance the bill stalled in the last few congressional sessions. But Sens. Jeff Merkley (D-OR), Steve Daines (R-MT), and Reps. Dave Joyce (R-OH) and Earl Blumenauer (D-OR) refiled the bill in their respective chambers in April.

Medical Marijuana

New Federal Bill Would Appropriate Millions for Medical Marijuana Research. This week Congresswoman Dina Titus (D-NV) and Congressman Joe Neguse (D-CO) introduced the Higher Education Marijuana Research Act of 2023, legislation that would eliminate obstacles to the academic research of cannabis, protect universities and researchers who study it, and promote the responsible study of marijuana.

While 38 states have legalized marijuana for medicinal use and 23 states including Nevada and Colorado have legalized it for recreational use, myriad federal rules and regulations create barriers to academic research. The bill would establish a new grant program within the National Institutes of Health to fund studies assessing cannabis’ medical benefits. It would appropriate up to $150 million in federal funding for university-sponsored medical cannabis research. The legislation also permits academic institutions to purchase state-licensed cannabis products for the purpose of "biological, chemical, agricultural, or public health research."

Asset Forfeiture

House Judiciary Committee Subcommittee Approves Asset Forfeiture Reform Bill. The House Judiciary Committee's Subcommittee on the Constitution and Limited Government on Tuesday voted to advance the Fifth Amendment Integrity Restoration (FAIR) Act of 2023 (HR 1525). The bill passed the subcommittee with bipartisan support and now awaits a full committee vote.

The bill would require that before seizing cash or property law enforcement show "a substantial connection between the property and the offense" and that the owner "used the property with intent to facilitate the offense" or "knowingly consented or was willfully blind to the use of the property by another in connection with the offense."

The bill would also eliminate the "equitable sharing" program under which state and local law enforcement agencies circumvent state asset forfeiture laws by turning cases over to the feds, who return 85 percent of the proceeds to the state or local law enforcement agency. And it would require that seizures be approved by a federal judge, not an administrative agency, such as the DEA, and that any funds go to the Treasury's general fund, not the fund of the seizing agency.

Drug Policy                                                       

Wisconsin Legislature Approves Bill to Increase Penalties in Overdose Deaths. With a final vote in the Assembly Wednesday, the legislature has approved a bill that increases maximum prison sentences for people who produce or sell drugs that cause another person's death, Senate Bill101. The bill would increase the maximum penalty from 25 years to 40 years in prison and increase the maximum period of supervision from 15 years to 20 years.

The bill comes as the state reported a record high number of overdose deaths in 2021 and easily passed both chambers. The only opposition to the bill comes from the ACLU of Wisconsin

"While reducing rates of overdose deaths is certainly an urgent priority, SB 101 won't alleviate the crisis," ACLU of Wisconsin policy analyst Jon McCray Jones said. "An extensive body of research - as well as our own lived experiences - tells us that punitive drug laws don't reduce drug use, substance abuse disorder, or overdoses."

Law Enforcement

. A new study found that when law enforcement agencies seize illicit opioids, fatal overdoses in the vicinity of the seizure increase over the next three weeks.

"This casts doubt on the core assumption of state and federal drug policy and suggests that police officers intending to protect the public’s health and safety may be inadvertently exacerbating harms such as fatal overdose," the study’s authors wrote.

The report does not say that drug raids caused the uptick in overdoses, but one of the study’s authors laid out a potential reasoning in a tweet: a person addicted to drugs does not simply stop using because police disrupt their supply. Instead, they go into withdrawal. They get more and more desperate, more willing to acquire drugs from dealers they don’t know. By the time they get new drugs, their tolerance likely decreased, putting them at risk of an overdose.

"Unknown tolerance, unknown potency, reduced risk aversion, and no margin for error in safely dosing fentanyl can all lead to increased fatal overdose observed in our study," Brandon del Pozo, an assistant professor of health services, policy and practice and an assistant professor of research at Brown University, wrote on Twitter.

Almost 1 million people have died from an overdose across the US in the past 20 years. The report proposes forming public safety partnerships where organizations can step in and assist people who use drugs after police perform a seizure; such groups could provide overdose prevention services, outreach and refer people to care.

"As drug markets become less predictable and morbidity and mortality among people who use drugs increases, it is critical that communities not only create low barrier access to evidence-based treatment but also implement harm reduction strategies that directly address supply-side drivers of accidental overdose," the report reads. "Naloxone distribution, drug-checking, and overdose prevention sites are strategies first developed and implemented by people who use drugs that can be facilitated or enhanced by law enforcement cooperation through exceptions or ‘carve-outs’ of drug criminalization to protect public health."

Taliban Opium Ban is Working, New Coalition Pushes for Weed Rescheduling, More... (6/6/23)

White House holds summit on reducing overdose toll, Nevada psychedelic study bill goes to governor, and more.

Opium poppies are becoming a rare sight in Afghanistan after the Taliban ban. (UNODC)
Marijuana Policy

New Coalition of Major Marijuana Groups Launches Push for Scheduling Reform. A new coalition of marijuana companies and advocacy groups calling itself the Coalition for Cannabis Scheduling Reform announced Tuesday that it is launching a campaign to reschedule marijuana even as it pushes for full-on legalization. The group will work with advocates, stakeholders, lawmakers and administration officials to promote education about the need to remove marijuana from Schedule I of the Controlled Substances Act (CSA).

That is a less bold position than that held by advocacy groups calling for outright legalization, but the coalition says that moving marijuana to Schedules III, IV or V of the CSA would still represent "historic progress." that shouldn’t be discounted.

The coalition includes Acreage Holdings, American Trade Association for Cannabis & Hemp (ATACH), Columbia Care, Cresco Labs, Curaleaf, Dutchie, Green Thumb Industries, Marijuana Policy Project, National Cannabis Roundtable, Scotts Miracle-Gro, US Cannabis Council, Weldon Project, and Vicente LLP.

Advocates of full-on legalization warn that placing marijuana in another, less restrictive schedule (as opposed to completely descheduling it) could wreak havoc in existing legal marijuana markets and lead the way to further big business consolidation within the industry.

Psychedelics

Nevada Assembly Approves Psychedelic Task Force Bill. A bill to create a working group to study psychedelics and develop plans to allow for regulated access for therapeutic purposes that has already passed the Senate, Senate Bill 242, passed  the Assembly on Sunday. When introduced, the bill had language legalizing psilocybin and promoting research into the psychedelic, but it was amended in the Senate to now have only the working group, which would examine the use of psychedelics "in medicinal, therapeutic, and improved wellness." The bill now goes to the desk of Gov. Joe Lombardo (R).

Drug Policy

At White House Summit, Biden Administration Vows Renewed Effort to Fight Drug Overdoses. At a White House summit held jointly with public health officials from Canada and Mexico, the Biden administration vowed to improve its fight to combat drug overdoses, which took 109,000 lives last year. Administration officials pledged a multifaceted approach to tackling illicit drugs, especially fentanyl.

"Today's summit is needed because the global and regional drug environment has changed dramatically from just even a few years ago," Rahul Gupta, director of the White House Office of National Drug Control Policy (ONDCP, the drug czar's office), told the summit. "Synthetic drugs have truly become a global threat," he added. "Today, we're here to ... look at how our collective response can be improved, and the role data collection has on saving lives," Gupta said.

International

Taliban Opium Ban Is Taking Hold. An April 2022 prohibition on opium-growing from Taliban leader Hibatullah Akhundzada did not result in significant reductions in cultivation last year, but this year is different. The BBC traveled the country, consulted with farmers, government ministers, and experts, and used satellite analysis to report the following:

"The Taliban leaders appear to have been more successful cracking down on cultivation than anyone ever has. We found a huge fall in poppy growth in major opium-growing provinces, with one expert saying annual cultivation could be 80% down on last year. Less-profitable wheat crops have supplanted poppies in fields - and many farmers saying they are suffering financially."

"It is likely that cultivation will be less than 20% of what it was in 2022," said Afghanistan drug trade expert David Mansfield. "The scale of the reduction will be unprecedented. The high resolution imagery of Helmand province shows that poppy cultivation is down to less than 1,000 hectares when it was 129,000 hectares the previous year," said Mansfield, noting that would be a 99 percent reduction in the crop in that formerly key opium-producing province.

Farmers aren't happy, though: "You're destroying my field, God destroy your home," one woman shouted angrily at a Taliban eradication unit as they razed her poppy field.

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