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Federal Appeals Court Restricts Detroit Vehicle Seizures, NC Tribe Votes Yes on Weed, More... (9/8/23)

New York City settles with a Black woman whose child was seized because of her marijuana use, the 6th US Circuit Court of Appeals reins in vehicle seizures in Detroit, and more.

The Vancouver safe injection site. Pressure is growing for one in Glasgow, Scotland. (vch.ca)
Marijuana Policy

North Carolina Tribe Approves Marijuana Legalization Measure. Members of the Eastern Band of Cherokee Indians voted overwhelmingly Thursday to approve a referendum permitting the use and sale of marijuana on tribal land. According to preliminary results, the measure was passing with 70 percent of the vote.

The tribe had already approved regulations for the cultivation of marijuana for medicinal purposes but has not yet begun engaging in sales of medical marijuana products.

The state does not permit marijuana to be used or sold for either medical or recreational purposes, and US Rep. Chuck Edwards (R-NC) urged members to reject the referendum: "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." To that end, he filed a federal bill last week to without certain federal funds from states and tribes that permit adult use marijuana.

New York City Settles with Mother Whose Child Was Seized Over Marijuana Use. The city's child welfare agency agreed to pay $75,000 plus attorney's fees to a Black woman after child welfare workers forcibly removed a woman’s newborn baby based solely on a positive test for marijuana that she did not consent to. The woman, Chanetto Rivers, alleged racial discrimination.

"I didn’t just bring this lawsuit for myself, but for every Black family that ACS [the Administration for Children's Services] has ripped apart," Rivers said in a statement. "They know what they did was wrong." 

An ACS spokesperson said that marijuana use by itself will not be a basis for charging child abuse or neglect. "A case should not be indicated solely because a parent is using marijuana, but instead CPS should assess the impact, if any, on the safety and well-being of the child," the spokesperson said. 

That is in line with stated ACS policy: "Positive marijuana toxicology of an infant or the mother at the time of birth is not sufficient, in and of itself, to support a determination that the child is maltreated, nor is such evidence alone sufficient for ACS to take protective custody of (remove) a child or file a case in Family Court."

But Rivers' lawsuit alleges that child welfare workers continued to interfere in her parenting even after two judges ordered the agency to reunite her and her child. She was subjected to "needless court proceedings" for months, the suit alleged.

"We are glad that Ms. Rivers was able to call attention to ACS’s deplorable history of racial discrimination against marginalized families," her attorney said. "ACS continued to rely on outdated racist stereotypes and tropes about Black parents."

Asset Forfeiture

Federal Court Severely Curtails Detroit Civil Asset Forfeiture Program. Wayne County, which includes Detroit, has long been notorious for seizing cars from people it claims were involved with drugs or prostitution, but now a federal appeals court has severely curtailed that program.

The 6th US Circuit Court of Appeals ruled last week that the program's severe restrictions on property owners' ability to appeal seizures violated the due process clause of the 14th Amendment. The ruling only applies to the Wayne County program, but with a similar case on the US Supreme Court docket, a broader precedent may soon be set.

Under the Wayne County program, police would seize vehicles of people driving or parking in areas where illegal drug use and/or prostitution was suspected and offer them a deal: Pay a $1,000 fine and get their vehicle back right away or appeal the seizure—a process that takes months and could result in the loss of the vehicle anyway.

The appeals court ruled that the months-long delay before people could challenge a seizure was too long and that hearings needed to happen within two weeks.

International

British Royal Pharmaceutical Society Backs House of Commons Call for Safe Injection Sites. At the end of August, the House of Commons Home Affairs Committee recommended legalization of safe injection sites for drug users, and now the Royal Pharmaceutical Society has backed that call.

The Home Affairs Committee called for a pilot safe injection site in Glasgow. The Home Office rejected a similar proposal in 2020. But both the committee and the society pointed to successful safe injection sites elsewhere.

 

"We believe we can apply that learning here and provide clean, safe spaces for those injecting drugs," said Claire Anderson, president of the Royal Pharmaceutical Society. "This will bring illegal drug users closer to mainstream health and addiction support services, and provide an opportunity for health professionals to engage in treatment and prevention. This in turn will help to save lives, reduce harm and reduce drug deaths," she added.

Supreme Court Puts Hold on Sackler OxyContin Settlement, Ecuador Killing Linked to Drug Gangs, More... (8/11/23)

The NAACP reiterates its call for marijuana legalization and adds a call for workers' rights, Ron DeSantis doubles down on harsh rhetoric directed at Mexican drug cartels, and more.

OxyContin (Creative Commons)
Marijuana Policy

NAACP Renews Support for Marijuana Legalization, Adds Call to Protect Industry Workers' Rights. That National Association for the Advancement of Colored People (NAACP) has adopted a resolution reiterating its support for federal marijuana legalization and added a new call to protect workers' rights in the fledgling industry. The resolution was adopted late last month at the NAACP's 114th National Convention.

"NAACP calls for the legalization and de-scheduling of cannabis at the federal level and reaffirms its past resolutions on cannabis, the cannabis industries, decriminalization, and equity, and expresses an intent to advocate for federal, state, and local medical and adult-use cannabis legislation that includes labor peace agreements as a condition of licensure," the resolution says.

In the call to protect workers' rights, the resolution points out that "the majority of people in the cannabis industry will be workers rather than owners" and advocates that "the workers who grow, process, test, distribute, and sell cannabis deserve a fair and safe workplace and family-sustaining job like every other worker."

And that means union representation, the resolution said: "Access to union representation, training and apprenticeship will help ensure that a broad range of workers can benefit from the cannabis industry, especially workers from communities that have been disproportionately impacted by cannabis prohibition in the past," it says.

Opiates and Opioids

Supreme Court Temporarily Blocks Purdue Pharma Bankruptcy Deal that Protects Sackler Family. The US Supreme Court on Thursday put a hold on a bankruptcy deal with Purdue Pharma, the manufacturer of OxyContin, that capped liability for the Sackler family, which owns Purdue Pharma, at $6 billion and would have shielded family members from any further civil lawsuits over the opioid epidemic sparked by the introduction and massive marketing of OxyContin.

The Supreme Court issued the order in response to a Justice Department filing objecting to the settlement. The department argued that it allowed Sackler family members to hide behind legal protections meant for debtors in "financial distress," not billionaires. It said it would hear arguments in December to seek whether the settlement complies with the US bankruptcy code.

Under the deal, the Sacklers had agreed to pay billions in exchange for full immunity from all civil cases. The Supreme Court's order is likely to delay payments to the thousands of plaintiffs who have sued Purdue Pharma and the Sacklers.

Foreign Policy

Ron DeSantis Says He Is Open to Using Drones Against Mexican Drug Cartels. Florida Gov. Ron DeSantis (R), who is seeking the Republican presidential nomination, has once again identified Mexican drug cartels as one of his favorite targets as he seeks to gain traction against former President Donald Trump. At a campaign event in Iowa Thursday, he said he would be open to using drone strikes against Mexican drug cartels.

"We will absolutely reserve the right if they're invading our country and killing our people," DeSantis said in response to a voter's question. When asked to clarify, he said: "I said I would use whatever force we need to defend the country. We'd be willing to lean in against them, and we reserve the right to defend our country," he added.

Earlier in the campaign, DeSantis called for the use of deadly force against migrants suspected of trafficking drugs, a call he reiterated Thursday. "We're authorizing deadly force. They try to break into our country? They will end up stone-cold dead," he said to a rousing round of applause.

International

Ecuador Presidential Candidate's Assassination Linked to Local Drug Gangs with Ties to International Drug Trafficking Organizations. Anti-corruption crusader, journalist, and former legislator Fernando Villavicencio was shot and killed at a campaign event in Quito Tuesday evening not long after receiving threats from local gangs tied to Albanian, Colombian, and Mexican drug cartels.

The assassination came amid a rising tide of violence linked to conflicts betwee two gangs, Los Choneros and Los Lobos. Los Choneros are linked to the Sinaloa Cartel, while Los Lobos have ties to competing international drug organizations. In recent months, judges, prosecutors, journalists, politicians and political candidates have been killed in gang attacks, with the mayor of the western city of Manta assassinated just two weeks ago. Gang-related violence has also roiled the country's overcrowded prisons, with some 600 inmates killed in three separate bouts of prison rioting.

Ecuador is not a producer of cocaine, but is bordered by leading producer countries Colombia to the north and Peru to the south and is an increasingly important transshipment point for cocaine headed to North America and Western Europe.

"The killing of Fernando Villavicencio is a wake-up call for Ecuador's democracy," said Juanita Goebertus, Americas director at Human Rights Watch. "The rise of organized crime is putting the lives of Ecuadorians and their institutions at risk. Urgent, rights-respecting security policies are needed to protect them effectively."

In response to the violence, President Guillermo Lasso has declared a range of localized states of emergencies, suspending constitutional rights. The government has also deployed the military and conducted prison raids. After the killing of Villavicencio, Lasso expanded the state of emergency across the entire country.

But Human Rights Watch said what the country needs is to address the root causes of criminality, including high levels of poverty and social exclusion. The authorities should seek to permanently reduce the power of organized crime groups, including by considering alternative approaches to drug policy that would reduce the profitability of the illegal drug trade, the group said.

"The ongoing states of emergency have not made Ecuadorians safer," Goebertus said. "The government needs to put in place an effective and legitimate security policy that protects them and seeks to dismantle organized crime groups.

(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.)

OR Governor Signs Addiction & Mental Health Bills, Fed Appeals Court Throws Out Drug User Gun Ban, More... (8/10/23)

New York sees its first marijuana farmers market open today, Australia sees its first federal marijuana legalization bill filed, and more.

The ban on drug users possessing firearms is now in doubt after a 5th Circuit Court of Appeals ruling.
Marijuana Policy

Federal Appeals Court Strikes Down Ban on Drug Users Possessing Guns. The US 5th Circuit Court of Appeals in New Orleans has struck down a 1968 law that bars illegal drug users from possessing firearms. It was the latest blow to US gun laws after the Supreme Court last year changed the legal standard around gun restrictions.

"In short, our history and tradition may support some limits on an intoxicated person's right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage," Circuit Judge Jerry Smith, a Ronald Reagan appointee, wrote for the unanimous three-judge panel. "Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users."

The ruling comes in the case of Patrick Daniels who was convicted of being a drug user in possession of a firearm after a traffic stop in which marijuana roaches and two loaded guns were found. The 5th Circuit's ruling only applies to Daniels, but open the door for other people convicted of that offense within the circuit to seek similar redress. The 5th Circuit includes Louisiana, Mississippi, and Texas.

New York's First Marijuana Farmers Market Opens Today. The state's Cannabis Control Board announced Wednesday that the state's first marijuana farmers market will begin today in New Paltz in the Hudson River Valley. The activity is sanctioned under the board's new Cannabis Growers Showcases (CSG) program.

The New Paltz market includes licensed growers Queen Farms and Empire Farm 1830, as well as retailer Legacy Dispensers. It will be open Thursday and Friday afternoon and Saturdays from 1:00pm to 8:00pm. The market will continue through year's end or until a brick and mortar pot shop opens in the village.

At least for now, there is no onsite consumption, nor is alcohol being sold. Onsite marijuana consumption would require additional permits from the state Department of Public Health.

Drug Policy

Oregon Governor Signs Package of Addiction, Mental Health Bills. Gov. Tina Kotek on Tuesday signed into law six bills aimed at addressing the state's addiction and mental health problems.

"As your Governor, I am fighting for a behavioral health system that really does work across our state," Kotek said prior to signing the bills. "We do need to improve outcomes."

The bills are:

  • Senate Bill 1043, which directs hospitals to provide two doses of Narcan, the opioid reversal drug, upon discharge to patients with a substance use disorder.
  • House Bill 2395, which makes it easier to distribute Narcan to people who need it most.
  • Senate Bill 238, which directs the Oregon Health Authority, the Department of Education and Drug Policy Commission to create a curriculum on the dangers of certain drugs.
  • House Bill 2757, which better funds a coordinated crisis services system that includes suicide and mental health crisis hotlines.
  • House Bill 2513, which directs local planning committees to coordinate with local behavioral health networks on services provided to the community. The bill aims to target the slow rollout of Measure 110.
  • House Bill 3610, which creates a task force to study both alcohol pricing and addiction services.

International

Australia Federal Marijuana Legalization Bill Filed for First Time. For the first time, a federal marijuna legalization bill has been filed in Canberra. The bill was filed by Greens Party Sen. David Shoebridge.

"This is the first time a bill has been introduced to Federal Parliament that could, with the support of both houses, create a legal home grow and commercial cannabis market across the country," the Greens said.

About 80,000 Australians are arrested every year for marijuana possession.

"It's time to stop pretending that consumption of this plant, consumed each year by literally millions of Australians, should still be seen as a crime," Shoebridge said.

The bill comes after state legislatures in Victoria, New South Wales and Western Australia received bills from the Legalize Cannabis Party to legalize marijuana for personal use.

Another Fed Court Rules Marijuana Gun Bans Unconstitutional, WA Drug Sentencing Bill Advances, More... (4/10/23)

Maryland is just the governor's signature away from having a system of taxed and regulated marijuana commerce, Minnesota lawmakers fold a psychedelic task force bill into a must-pass healthcare omnibus bill, and more.

A Washington state bill would allow jail terms of up to a year for drug possession (Creative Commons)
Marijuana Policy

Another Federal Court Rules Banning Marijuana Consumers from Possessing Guns is Unconstitutional. The US District Court for the Western District of Texas has ruled that banning marijuana users from possessing firearms is unconstitutional. The decision comes on the heels of a February ruling in the US District Court for the Western District of Oklahoma that also found the gun ban unconstitutional.

Both decisions come in the wake of a controversial Supreme Court ruling last year that makes it more difficult to restrict gun access. The Justice Department is already set to argue a similar case in the US 5th Circuit Court of Appeals. The Texas case involves a woman who was charged with firearms offenses after she admitted being a marijuana consumer, but who was never charged with a marijuana offense.

"The longstanding prohibition on possession of firearms by felons requires the Government to charge and convict an individual before disarming her," the court held. "In short, the historical tradition of disarming 'unlawful' individuals appears to mainly involve disarming those convicted of serious crimes after they have been afforded criminal process," the ruling continues. "Section 922(g)(3), in contrast, disarms those who engage in criminal conduct that would give rise to misdemeanor charges, without affording them the procedural protections enshrined in our criminal justice system. The law thus deviates from our Nation's history of firearm regulation."

Maryland Marijuana Legal Sales Bills Go to Governor. Both the House and the Senate have now passed bills that would launch a system of taxed and regulated marijuana commerce in the state. The bills are now on the desk of Gov. Wes Moore (D), who is expected to sign them. The bills set a marijuana retail sales tax at 9 percent and directs most of the revenues to communities damaged by the war on drugs. It also sets fees for medical marijuana businesses to convert to recreational marijuana licenses, limits the number of licenses a business can own, and sets terms for social equity applicants, who will be able to obtain licenses when a second round is awarded in January.

Psychedelics

Minnesota Lawmakers Include Psychedelic Provisions in Omnibus Health Bill. Lawmakers have folded a bill that would create a psychedelics task force to prepare the state for possible legalization, House File 1884, into a larger, must-pass omnibus health care bill. The action was taken last week by the House Health finance and Policy Committee, which adopted an author's amendment to the omnibus bill that added a revised version of the psychedelics measure. If the bill passes, the Psychedelic Medicine Task Force would be charged with advising lawmakers on "the legal, medical, and policy issues associated with the legalization of psychedelic medicine in the state." The omnibus bill must still be approved the Ways and Means Committee before heading for a House floor vote.

Drug Policy

Washington Bill to Make Drug Possession a Gross Misdemeanor Wins House Committee Vote. After a 2021 state Supreme Court decision invalidated the state's felony drug possession law, the legislature has scrambled to come up with an alternative, and now, a bill that would make simple drug possession a gross misdemeanor, Senate Bill 5536, has passed the Senate and won a vote in the House Appropriations Committee. The bill will allow police to arrest drug possessors on a first offense, but also give them full discretion to divert offenders. The maximum sentence for a gross misdemeanor is one year in jail. The bill also allows drug charges to be wiped from someone's record if he commits no new offenses in a year, even if they have not completed drug treatment.

DE Legal Pot Bills Go to Governor, FDA Approves OTC Naloxone, More... (3/29/23)

A North Carolina marijuana legalization bill has been filed, more New York regions have been cleared to license marijuana businesses, and more.

Naloxone nasal sprays will be available OTC by late summer, the FDA has announced. (Creative Commons)
Delaware Marijuana Legalization Bills Go to Governor. The Senate has approved a pair of bills that would legalize marijuana (House Bill 1) and regulate legal marijuana commerce (House Bill 2), sending the package to the desk of Gov. John Carney (D), who vetoed similar legislation last year. This year, both the House and the Senate passed the bills by veto-proof majorities. The package would legalize the possession of up to an ounce by people 21 and over, as well as create a regulatory framework that would allow for up to 30 pot shops. Retails sales would be taxed at 15 percent. After passage of the bills, the governor's office said he remained "concerned" by marijuana legalization. 

New York Able to Issue More Recreational Marijuana Licenses After Court Ruling. A ruling from the US 2nd Circuit Court of Appeal has cleared the way for state officials to issue recreational marijuana licenses in Brooklyn, central New York, the mid-Hudson region, and central New York. Licensing in those regions had been blocked by a temporarily restraining order issued on behalf of a Michigan entrepreneur who challenged the state's licensing system that aims to put the first round of licenses into the hands of people who had prior marijuana convictions or whose relatives did. His lawsuit charges that policy violates constitutional interstate commerce protections. That temporary restraining order has now been limited to the Finger lakes region. Licensing in nine other areas of the state, including the rest of New York City was not impacted by the lawsuit or the injunction.

North Carolina Marijuana Legalization Bill Filed. A measure to legalize marijuana, Senate Bill 346, was filed late last week. The bill would legalize the possession of up to two ounces and would allow for up to six plants to be grown for personal use. It would also create a taxed and regulated system of legal marijuana commerce, with a state retail tax of 20 percent and localities being able to add another three percent. A quarter of marijuana tax and fee revenues would go to a "community reinvestment and repair fund," while another 10 percent would go to a social equity fund and half would go to the state general fund. It would also include "the automatic expunction of certain marijuana offenses." The bill's seven sponsors are all Democrats. It is now before the Senate Committee on Rules and Operations.

Harm Reduction

Food and Drug Administration Approves Narcan Without a Prescription. The Food and Drug Administration (FDA) announced Wednesday that the opioid overdose reversal drug naloxone (Narcan) can now be sold over the counter (OTC). It is a move long sought by public health officials and harm reductionists who hope that it can help reduce the nation's opioid overdose death toll. OTC naloxone should be available on store shelfs in big box chains, supermarkets, convenience stores, gas stations, as well as online and in vending machines by late summer. "Today’s approval of OTC naloxone nasal spray will help improve access to naloxone, increase the number of locations where it’s available and help reduce opioid overdose deaths throughout the country," FDA Commissioner Dr. Robert Califf said. "We encourage the manufacturer to make accessibility to the product a priority by making it available as soon as possible and at an affordable price."

Chronicle Book Review: "Shielded: How the Police Became Untouchable"

Shielded: How the Police Became Unaccountable by Joanna Schwartz (2023: Viking Press, 308 pp., $30 HB)

As Donald Trump laid out his fascistoid law and order platform last month, he vowed to bring back stop-and-frisk, railed against "radical Marxist prosecutors," warned of civil rights investigations of "radical leftist prosecutors" for alleged race-based policing, and promised the death penalty for drug dealers, among other fearsome fulminations. But the first bullet point of his manifesto regarded cops: Not only would he fund record hiring levels; he would also "increase vital liability protection for America's law enforcement."

With that pledge, the not-yet-indicted former president played to longstanding but unproven concerns that citizens' ability to seek civil redress for police mistreatment under civil rights laws would force police officers into bankruptcy if they were found liable for heat-of-the-moment lapses. Equally to be feared -- and equally unproven -- is the notion that being able to hold police liable will inhibit them from fully exercising their crime-fighting powers and protecting public safety.

Not to worry, officer! As UCLA law professor Joanna Schwarz makes clear in Shielded, her new book on (the lack of) police accountability, cops get away with murder. And rape. And torture. And beatings. And various other forms of street-tough thuggery. Schwartz has spent years researching how our legal system protects police at all costs through the accretion over decades of Supreme Court decisions interpreted by a non-representative federal bench with cases tried by juries filled with people who have never had a bad encounter with police. (In federal civil cases, felons cannot be jurors, and the voir dire process eliminates potential jurors with negative perceptions of law enforcement.)

Over the course of decades, the Supreme Court first opened the door to civil rights litigation to address police violation of constitutional rights, then, in case after case, effectively pushed it back until it is now barely open a crack. It is no accident that this has occurred under a Supreme Court that has been sliding to the right for the last 50 years and is now the most reactionary court in a century. One technique is to require plaintiffs to show sufficient evidence of patterns of police misconduct before they are allowed to undertake discovery, the process by which both sides in a case are allowed to see and seek relevant evidence. In the case of rogue police departments, this would be records of officer infractions, incident reports, and the like. But under current Supreme Court precedent, federal judges summarily dismiss cases before discovery because plaintiffs have not produced the evidence they have not yet been allowed to seek. That's a hell of a Catch-22.

Another huge hurdle in front of people seeking redress for police misconduct is qualified immunity, a notion constructed out of thin air by the Supreme Court in 1967 and turned into another Catch-22 by the Supreme Court in 1982. Qualified immunity is a defense to civil rights claims that is granted if the law the cop violated is not "clearly established," and if qualified immunity applies, plaintiffs cannot collect monetary damages. Under the 1982 decision, the federal courts find that qualified immunity applies unless the plaintiff can show a previous case with the exact same facts has been decided in federal court.

But Schwartz shows that the Supreme Court is only one of the "shields" protecting police. At the institutional level, police Internal Affairs bureaus generally do not punish nor track misbehavior. At the municipal level, budgets anticipate having to pay out damages for police behavior, with the taxpayers—not the miscreant officers—paying up. At the state level, legislators pass laws that further protect police. And there are more obstacles that Schwartz elucidates, from the makeup of the federal judiciary and federal juries to financial disincentives for attorneys to spend their careers litigating civil rights cases where they could spend thousands of hours preparing cases only to have them settled and end up being paid a pittance for their efforts.

This is not a book about the war on drugs, but the war on drugs is implicated throughout.  Many, many of the encounters between police and citizens that result in civil rights violation complaints arise from the prosecution of the drug war, and many, many of the victims are drug users or suspected drug users.

Schwartz lucidly and cogently explores the mountain of obstacles people seeking justice for police mistreatment face, as well as the obstacles facing people who want to remake the system into something nearer to common notions of justice. Given the current makeup of the Supreme Court and the stalemated state of play in Congress, relief is unlikely to come from the federal government. The problem seems intractable.

But Schwartz sees opportunities for positive change at the state and local levels, and she cites Colorado's 2020 passage of a bill ending qualified immunity, requiring officers found to have operated in bad faith to pay something out of their own pockets (as opposed to being indemnified by the city or state, which pays the judgement), and allows plaintiff attorneys to recover their fees when they prevail.

This is an important, eye-opening work. If you are concerned about who will guard us from the guardians (and how), it is indispensable.

Philadelphia Safehouse, DOJ Agree to Mediation on Safe Injection Site [FEATURE]

For nearly four years, the Philadelphia nonprofit Safehouse has seen its effort to open a safe injection site in the city stymied by a federal court case brought against it by the Trump administration Justice Department. And although the Trump administration is now history, the Biden Justice Department has continued to pursue the case even as the number of overdose deaths in the city mounts.

The Insite safe injection site in Vancouver. Philadelphia wants one, too. (vch.ca)
But now, Safehouse and the Justice Department (DOJ) have agreed to move their case about the legality of safe injection sites out of a federal district court and into mediation before a federal magistrate, a maneuver that advocates hope can speed up the resolution of the case and get the sites up and operating.

"We agreed with the Department of Justice to move in this direction to reach a settlement and get the lawsuit resolved," Safehouse vice-president Ronda Goldfein told the Philadelphia Inquirer. While declining to further characterize confidential settlement negotiations, she said the group's goals "have not changed" and that Safehouse seeks "a resolution that all parties can live with that give us the opportunity to save lives."

The move comes as the Biden DOJ has hinted at a possible softer stance toward safe injection sites. DOJ did not go to court to block local officials in New York City from allowing two safe injection sites to open in late 2021 or to block state officials from allowing them in early 2022. And DOJ had indicated it was engaged in settlement talks with Safehouse in February 2022.

At that time, DOJ said that it was "evaluating supervised consumption sites, including discussions with state and local regulators about appropriate guardrails for such sites, as part of an overall approach to harm reduction and public safety."

But that was nearly a year ago, and Safehouse's patience is wearing thin. Just last month, after having repeatedly gone along with DOJ requests for continuances, Safehouse balked. It told the federal district court for the Eastern District of Pennsylvania that it would no longer agree to any additional delays, while the DOJ argued that it needed until February to proceed. The court compromised, requiring that DOJ reveal its position in the lawsuit by January 9.

With the mediation agreement between Safehouse and DOJ, that January 9 date is now moot, but Safehouse is convinced the move will result in a speedier resolution of the case and allow it to finally get into the business of saving lives.

"Since the DOJ commenced this litigation in 2019 until the end of 2021, more than 3,600 lives have been lost in Philadelphia to the opioid overdose crisis. Based on 2022 projections, that number will grow to almost 5,000 deaths," Safehouse said. "Safehouse and those that need its life-saving services have waited long enough."

Meanwhile, there are other signs the federal government may be warming to the harm reduction intervention. In a November report, the nonpartisan Congressional Research Service highlighted the "uncertainty" of the federal government's position on safe injection sites and suggested blockages could be overcome by approving an amendment to the annual DOJ funding bill precluding it from spending any funds to go after safe injection sites, much as has been successfully done to protect medical marijuana laws in the states.

And just days before that report was released, National Institute on Drug Abuse (NIDA) Director Nora Volkow tacitly endorsed the idea of authorizing safe consumption sites. Research has found that the intervention "has saved a significant [percentage of] patients from overdosing."

Now, if only the DOJ can find a way to get out of the way. Or if it cannot or will not, it will be time to go back to court.

Bipartisan Group of Lawmakers Call on Biden to Deschedule Marijuana, Belize Coca Bust, More... (12/23/22)

There's a big payout for a Georgia woman falsely arrested on cocaine charges, British police chiefs call for drug decriminalization, and more.

Coca, traditionally grown only in the Andes, is popping up in Central America and Mexico. (DEA)
Marijuana Policy

Bipartisan Group of Lawmakers Urge Biden to Deschedule Marijuana. After marijuana reforms failed to pass as the current Congress winds down, a bipartisan group of 24 lawmakers called on President Biden to "recognize the merits of full descheduling" of marijuana. Despite the spread of marijuana and marijuana legalization in the states, marijuana remains a Schedule I substance under the Controlled Substances Act, in the same schedule as heroin and LSD. They reminded Biden that he had launched the first formal review of marijuana scheduling back in October, which they called "a crucial and laudable step," but they called for more action.

"Marijuana does not belong in Schedule I of the Controlled Substances Act, a classification intended for exceptionally dangerous substances with high potential for abuse and no medical use," the lawmakers wrote. "The decision to schedule marijuana was rooted in stigma rather than an evidence-based process, and it is time to fully remedy this wrong. While Congress works to send you a comprehensive legalization bill, the administration should recognize the merits of full descheduling." The signatories were 20 Democrats, including Sens. Elizabeth Warren (D-MA) Cory Booker (D-NJ) and Jeff Merkley (D-OR), and four Republicans.

Law Enforcement

Federal Jury Awards Georgia Woman $1 Million After Wrongful Cocaine Arrests, Extended Jail Stay. A federal jury in Atlanta has awarded a Georgia woman $1 million in damages after an Atlanta police officer falsely accused her of drug possession and she was jailed for months -- even after testing showed she did not possess cocaine. The officer stopped her on the street for jaywalking and falsely accused her of hiding cocaine inside an exercise ball. She spent a month in jail before the Georgia Bureau of Investigation completed an analysis that found the substance in question was not cocaine and then inexplicably spent another four months in jail before being released. The arresting officer was initially ordered to pay the damages and his pay began to be garnished, but Atlanta Mayor Andre Dickens has since said the city will take responsibility for the costs.

International

Belize Armed Forces Destroy More Than 100,000 Coca Plants. The Belize Defense Force, the Coast Guard, and the national Police Department destroyed more than 100,000 coca plants in a joint raid southwest of Graham Creek Village this week. No arrests were made, and the plants were burned. Coca has traditionally been cultivated only in the Andes, but in recent years, the international criminal organizations that run the traffic have experimented with coca plantations in Guatemala, Honduras, and Mexico, as well as Belize.

British Police Chiefs Call for Decriminalization of First-Time Drug Offenses. The National Police Chiefs' Council and the College of Policing are calling for the decriminalization of first-time drug possession offenses, with the use and possession of drugs by first-offenders treated as a public health -- not a law enforcement -- matter. Under the plan, people caught with illegal drugs would be offered drug education or treatment programs, but those who do not comply or complete the programs would be subject to criminal prosecution. Police in 14 of the country's 43 police forces have already adopted similar policies, but the plan is opposed by the Conservative government, which has been floating proposals to stiffen drug penalties, including for marijuana.

Fed Judge Gives DOJ Only One-Month Extension in Safe Injection Site Case, More... (12/8/22)

Moves are afoot to rein in Oregon's underground marijuana production, an Iowa law is blocking health authorities from including fentanyl test strips in harm reduction boxes, and more.

Illegal marijuana grow in Jackson County, Oregon. (Jackson County SO)
Marijuana Policy

Oregon 1Bill Would Double Penalties for Illicit Marijuana Grows. Faced with massive unpermitted marijuana growing—police have seized 105 tons of weed this year—and a rising chorus of complaints from police, legal growers, and neighbors, lawmakers have prepared a draft bill that would double maximum prison sentences and fines for unlawful manufacture of more than 100 plants and possession of more than two pounds in public or eight pounds at home. Under the proposed bill, the maximum sentence would jump from five years to 10 and the maximum fine  would jump to $250,000. The bill would also punish property owners for environmental damage and prohibit the use of water (which is owned by the state) for unlicensed marijuana grows. Voters approved legalization in 2014, at least partly on the grounds it would reduce illegal grows, but legalization proponents now say illicit grows will be a problem until the plant is legalized nationwide.

Harm Reduction

Federal Court Gives Justice Department One Month to Respond in Philadelphia Safe Injection Site Case. A federal judge has given the Justice Department just a one-month extension before it has to respond in a lawsuit about the legality of a proposed Philadelphia safe injection site. The Trump administration Justice Department sued to block Safehouse from opening in 2019, and the Biden Justice Department has continued the case while seeking repeated extensions as it talked with Safehouse But when Justice asked for another extension, Safehouse balked at the requested two-month delay, and the judge subsequently cut that request in half. Once it comes, the Justice Department's response should shed some light on whether the agency will or will not continue to challenge the legality of safe injection sites. The department said in February it was evaluating the sites, including discussions about appropriate "guardrails" for them, but with yet another extension request this month, Safehouse's patience is growing thin. "Safehouse did not consent to today’s DOJ request for more time," the group said the day of the filing, noting that the case "has been pending for almost four years." As the group noted, "more than 3,600 lives have been lost in Philadelphia to the opioid overdose crisis" while the case has been ongoing.

Iowa Law Blocks Fentanyl Test Strips from Being Included in Harm Reduction Boxes. The Polk County (Des Moines) Health Department is adding harm reduction boxes at its office and urgent care locations around the city. The boxes will include tourniquets, cotton filters, and needle disposal containers, but not fentanyl test strips, which are considered drug paraphernalia under state law. The Health Department said it supports changing that law, but that has not happened yet. Lawmakers in at least five other states—Alabama, Georgia, New Mexico, Tennessee, and Wisconsin—have taken that action this year.  

Medical Marijuana Update

A Pennsylvania doctor who is also a medical marijuana patient is suing to be able to purchase a handgun, Oklahoma is prosecuting pregnant women who use medical marijuana, and more.

Louisiana

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

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.

Oklahoma

Oklahoma Is Arresting Pregnant Women for Using Marijuana. At least 26 women have been charged with felony child neglect since 2019 for using medical marijuana. That offense carries a sentence of up to life in prison, although defendants have typically pleaded guilty and received probation. At least eight of those women were registered medical marijuana patients. According to National Advocates for Pregnant Women, this is the only state to prosecute pregnant women for medical marijuana use. The prosecutions involving medical marijuana are "inconsistent with state law," said Ryan Kiesel, a civil rights attorney and former Oklahoma lawmaker. "Those women are protected as medical marijuana patients under the law," Kiesel said. "It's important to remember, if you have a medical marijuana license, you are under the care of a physician."

Pennsylvania

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 nonviolent, 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.

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