Logo created for our Philippines campaign by artist Cesar Maxit. It combines the universal human rights logo with imprisoned Senator Leila de Lima's famous hand gesture.
Thank you for taking the time to read about our global advocacy program on the human rights crisis in the Philippine drug war. Below you will find detailed discussion of work through s, with video and links to statements or news articles, but only updated through July 2018.
Work done since then, about which we'll be adding in detail to this page soon, includes:
February 2019 "soft launch" of "Stand with Human Rights and Democracy: Global Campaign for the Philippines";
March 2019 forum at the UN Commission on Narcotic Drugs in Vienna;
July 2019 forum at the UN High Level Political Forum on Sustainable Development in New York;
December 2019 forum at the International Criminal Court's Assembly of States Parties in The Hague;
speeches and other participation in allied groups' events in Washington;
community meeting on International Human Rights Advocacy at the International Conference on Drug Policy Reform;
work we are doing in the US Congress; and
other help we are providing to allies.
Material we will be posting from these activities includes but is not limited to:
highlights from February campaign events;
video footage of the three forums (which bring our total number of events to date to six);
presentations on the disinformation and social media manipulation campaigns that underpin Duterte's drug war and moves toward autocracy; and
photos from various events.
One particular highlight we will mention here is that our March 2019 event drew significant media in the Philippines, due to the participation by Skype of Law School Dean and then senatorial candidate Chel Diokno, who criticized the "erosion of the Philippine justice system." This in turn drew a public response from the government's Justice Secretary, their equivalent of Attorney General.
As noted above, the video and other resources we will be posting broadens our efforts to include exposing the disinformation and social media manipulation campaigns being carried out by President Duterte and his allies, which are a key plank of his drug war and moves toward authoritarianism. Presentations done for our events including cutting edge academic research and journalism on how appearances are being manipulated through concerted paid online efforts by "trolls" and others.
While much of the world moves toward compassionate drug policy reform, a populist would-be dictator has led one country cruelly backwards.
Since taking office, President Rodrigo Duterte of the Philippines has orchestrated a brutal campaign of extrajudicial killings, mainly as part of his "drug war." Credible estimates for the number of dead range from at least 12,000 to a likely 30,000 or more since mid-2016.
Ominously, a "Duterte effect" in the region has led to extrajudicial drug war killings in Indonesia and Bangladesh, and high-level officials in Malaysia and Turkey have also called for killings or other extrajudicial violence. In a move that has comforted human rights violators everywhere, President Trump has praised Duterte's drug war, twice.
funeral for victim of Duterte's drug war killings
Other abuses in have affected hundreds of thousands, and killings of activists, priests, even mayors are growing as well. In July 2019, the administration filed sedition cases against 35 opposition figures, including Catholic priests and Bishops, current and former Senators and candidates, even Vice President Leni Robredo. After the International Criminal Court announced a preliminary examination of allegations about the Philippine drug war, the administration withdrew the Philippines from the ICC's Rome Treaty.
Duterte is aggressively attacking his critics and the nation's democratic institutions as he seeks to bring about dictatorship. If he succeeds, there's no knowing where or how far the killings may go.
"There are 3 million drug addicts (in the Philippines). I'd be happy to slaughter them. If Germany had Hitler, the Philippines would have..." [points at himself]
Our UN events have been high-profile. The first, in March 2017, triggered a major political incident in the Philippines, after Vice President Robredo, a human rights lawyer and opposition leader, sent us a speech by video which criticized the President's drug policies. Our March 2019 event drew headlines in the Philippines and forced a response from the nation's Justice Secretary. Full information on the series appears below.
The "Stand with Human Rights and Democracy" campaign links drug policy reform in general terms to big issues of the day including democracy, human rights, rule of law, and the fight against internet-powered disinformation and authoritarianism.
Our work in this area grew our of advocacy we've done at the United Nations since late 2014. As part of a global community of reform-minded NGOs, we call for people-centered approaches to drug policy governed by human rights. Initially this aimed at the April 2016 UN General Assembly Special Session on the World Drug Problem (UNGASS). When Duterte was elected and the Philippine slaughter began, we turned our attention there.
Philippine Vice President Leni Robredo recorded a powerful video for our March 2017 UN event.
The pro-Duterte forces have noticed us. Duterte allies including the (now former) Speaker of the Philippine House of Representatives have attacked Philippine opposition leaders for working with us. Orchestrated online troll armies have descended on our videos. One of our events even prompted fake news stories.
We are currently crafting plans for moving forward in this campaign in an even bigger way. Please subscribe to our newsletter to make sure you don't miss any announcements about it. If you have a particular interest in the Philippines and want to be in touch about this, please email us.
Under the auspices of our UN-accredited 501(c)(3) nonprofit, DRCNet Foundation, we have organized events in conjunction with the 2017, 2018 and 2019 Commission on Narcotic Drugs (CND) meetings in Vienna, the 2018 and 2019 High Level Political Forum on Sustainable Development meetings in New York, and the 2019 Assembly of States Parties of the International Criminal Court in The Hague.
TIME magazine did the first posting of the vice president's video, embedding it from our YouTube account.
Vienna 2017: Our March 2017 event, coorganized with the Manila-based Council of Asian Liberals and Democrats, drew massive attention in the Philippines, due to a speech by video from Philippines Vice President Leni Robredo that led to unfair attacks on her by Duterte allies and an (ultimately unsuccessful) impeachment drive. The video also garnered US and international coverage. Robredo's video strongly criticized Duterte's drug war, as well as Duterte-led moves in the Philippines Congress (also so far unsuccessful) to reinstate the death penalty, including for drug offenses, and to lower the age of criminal liability to nine.
We released the video on Monday March 13, three days before our event, offering TIME magazine the exclusive first posting. TIME followed up with an interview with Robredo. Along with extensive coverage in Philippine mainstream media, discussion of the video trended on Twitter, and was covered by wire services and outlets throughout Asia and the Gulf.
Unfortunately though not surprisingly, Duterte's forces hit back. The Speaker of the Philippine House of Representatives and the president's Spokesperson both claimed the vice president's office (OVP) must have timed the video's release to coincide with other events that week. They principally pointed to an impeachment complaint a congressman filed against Duterte the day after we released the video, as well as a resolution in the European Parliament calling for the release of Duterte critic Sen. Leila de Lima. They presented this as evidence Robredo was engaged in a "destabilization campaign" against the government.
Robredo's opponents used the video to attack her politically.
While still in Vienna, we released a statement to media refuting those claims. It documented that UN staff had scheduled side events for the CND nearly two months earlier, and attested that OVP had made no requests of us. (Our event appears on page ten of the 2017 CND side events list; a screenshot of that document's properties page shows it was published on January 23, compared with the event's March 16 date.) Sen. Kiko Pangilinan distributed the statement to the Liberal Party's media list, and we also contacted Philippine media. CNN Philippines, on which the president's spokesperson had first made the false claim about the role of the video, published the most extensive story about our debunking of it. (See news links below.)
coverage of our statement defending the vice president, CNN Philippines mobile home page
While our statement helped to defuse the specific charge of a coordinated campaign by the vice president, Duterte's team had ignited a political firestorm over the video which already had its own momentum, and which turned into a campaign to impeach Robredo. At the height of the furor, opportunistic celebrities even held a concert and rally against Robredo. (Their campaign reached the US west coast, when a Filipino American group in Hayward, California held an affinity rally.)
The political heat that Robredo, a human rights lawyer, took for participating in our event is unfortunate. But she has continued to speak out against the killings, and remains a popular figure.
News reports on our event, the vice president's video, and its fallout, are too numerous to link here, and media continued for a long time to refer to them when discussing the vice president's political trajectory. One example is this analysis in the prominent Philippine news outlet Rappler, as of late 2019 ranked as the 10th more read web site in the Philippines. We post here a selection of key news links, as well as links for video footage of our entire event and other resources.
Philippine officials provided the government's response. (photo by Joey Tranchina)
Event footage is available online here. Along with the Robredo statement and an Amnesty International video, it includes presentations by Chito Gascon, Chairperson of the Commission on Human Rights of the Philippines; Abhisit Vejjajiva, former Prime Minister of Thailand and current chair of event cosponsor the Council of Asian Liberals and Democrats (video); Lousewies van der Laan, former leader of the Dutch D66 party (Skype); Alison Smith, lead counsel and head of international criminal justice programs at the NGO No Peace Without Justice; Marco Perduca, former Senator from Italy and a member of our board of directors; and a written statement from US Rep. Earl Blumenauer (D-OR). We also have transcripts and a detailed summary.
Co-moderator Marco Perduca, former senator of Italy, and David Borden speaking with Amnesty International's Daniel Joloy, other speakers Alison Smith (just off screen) and Lousewies van der Laan (on Skype). (photo by Joey Tranchina)
Following are some key news article and related links:
The Philippines' largest broadsheet newspaper and 8th most read web site in the country as of this writing, The Inquirer, interviewed our executive director David Borden, as well as fellow event speaker Alison Smith, two weeks after the event. The interview, titled "Group says Duterte, not Robredo, upsetting int'l community," was widely read, shared by Inquirer readers nearly 9,000 times.
Vienna 2018: A year almost to the day after our 2017 event (and in the same room at the UN), we held another event featuring outspoken opposition Philippine Senator Antonio F. Trillanes IV. (Duterte has said of Trillanes, "I [will] destroy him, or he will destroy me.")
In a sign of the times, the day before our event when Senator Trillanes arrived at the UN, President Duterte transmitted one-year notice of the Philippines withdrawing from the International Criminal Court, in retaliation for the ICC's preliminary investigation of his drug war. The night before our event, prosecutors in the Philippines indicted the senator on a spurious sedition charge.
Tania Ramírez and Natalie Ginsberg read Senator de Lima's statement. Alessandro de Luca also pictured. (photo by Joey Tranchina)
Senator Leila de Lima contributed a written statement to our event as well. Joining Senator Trillanes as featured speaker was Ellecer Carlos, well-known spokesperson for the iDEFEND Philippine human rights coalition. The event was again co-moderated by David Borden and Marco Perduca.
speaker meeting before the forum (photo by Joey Tranchina)
Roughly 70 people attended, many forced to stand outside the 30-person capacity meeting room. Attendees represented a range of governments, UN agencies, NGOs, and members of the local Filipino community.
While the sedition charge became the main news story, driving out much of the coverage our event might otherwise have gotten, we did get some media including television:
- Trillanes not backing down on sedition case (The Philippines' top news outlet, ABS-CBN, filmed for this report at our event. The sedition indictment, which was issued the night before, became the main story.)
fake news story with fabricated statement attributed to us
In another sign of the times, Filipinos working in Vienna attended our event, including both supporters and critics of President Duterte. One member of the "Die Hard Duterte Supporters contingent (DDS -- a play on the infamous "Davao Death Squad" Duterte operated as mayor) challenged Senator Trillanes on the number of killings during the discussion time, while others videorecorded. The pro-Duterte media forces selectively edited the video in order to create an appearance that Trillanes didn't have an answer for him (as the senator and his staff had predicted). An example from a local newspaper in the Philippines appears here. Our Facebook Live video shows that Senator Trillanes did respond, however, and that the encounter was a civil one. The two spoke at length following the event.
Our visit to the UN cafeteria the day before the event led to a series of misleading and fake news stories. A Filipino cashier noticed Senator Trillanes was wearing an NGO badge, rather than one issued by the Philippines' Mission to the UN, and sent a picture to a pro-Duterte blogger. The blogger's post, which misidentified us as a Filipino American NGO, is online here, and has over 7,700 shares. An article posted on two Philippines-focused sites (here and here) "confirmed" that the senator had entered the UN through our auspices.
This information in these pieces isn't fake per se, but they attempt to imply a scandal or problem where there was none. A fake news story followed on the blog post, includes a photo of us on the lunch line with Trillanes, but claims falsely that the senator was "scolded" by a UN security guard who told him to "eat last." A follow-up fake news piece features a fabricated statement attributed to our organization. >A third piece by the same writer provided video from our event of a Filipino Duterte supporter contesting Trillanes' information, but implied falsely that the senator fell silent instead of responding to him.
The Facebook Live video stream from this event follows below. We will post an edited playlist copy and transcript in the near future. In the meanwhile, a realtime transcript from the CND Blog can be read here, and individual speeches can be accessed by going to the following points in the video. (We're not able to link to specific times within Facebook videos.)
Statement of Senator Leila de Lima, read by Tania Ramírez and Natalie Lyla Ginsberg (13:38)
David Borden (20:17)
Marco Perduca (21:03)
Senator Antonio Trillanes (26:42)
Ellecer Carlos (27:12)
Discussion (59:20)
See our September 2018 statement regarding another attempt by the Duterte administration to imprison Trillanes, their most serious one yet.
New York 2018: On July 16, we hosted the third event in the series, "Human Rights Challenge: Judicial and Extrajudicial Killings in a Time of Authoritarianism," expanding the scope of the discussion to include the death penalty for drug offenses. The event was held at the Church Center of the United Nations, in conjunction with the UN High Level Political Forum on Sustainable Development.
Prominent opposition leader Senator Risa Hontiveros of the Philippines provided a video for our event, calling for international solidarity for human rights and an end to Duterte's drug war. The two hour event also featured Professor Jason Wright of the Washington & Lee Law School, speaking on behalf of the California-based group Death Penalty Focus; and Justine Balane, International Secretary for Akbayan Youth in the Philippines, via Skype.
The largest Philippine news outlet, ABS-CBN, filmed the event, and a report ran on their US station, Balitang America.
Following is the Balitang America's YouTube copy of the TV report:
Following is full video of the event. An edited playlist copy and transcript will be posted in the near future. In the meanwhile, individual sections can be accessed by clicking on the time indications in this list:
Welcome and Acknowledgments by David Borden, Executive Director, StoptheDrugWar.org (0:00)
For the one-year mark of the jailing of Duterte critic Senator Leila de Lima on spurious drug charges, we organized a protest at the Philippine Embassy in Washington, DC. The event featured street theater with Duterte and Philippine National Police figures arresting Senator de Lima and pretending to shoot attendees.
Allies in the Philippines helped to promote the event's Facebook Live video stream, and it went viral in the Philippines, with nearly 470,000 views as of this writing. Among our cosponsors in the action were Amnesty International, the Filipino American Human Rights Alliance and the Ecumenical Advocacy Network on the Philippines.
Other Philippines-focused groups such as Gabriela-DC and the International Coalition on Human Rights in the Philippines-US were participated as well. The event represented a step for Philippines-focused groups with various different ideological roots working together. Video of the action went viral in the Philippines, and has garnered nearly 470,000 views. Since that time our executive director, David Borden, has been a go-to person about the drug war for demonstrations organized by Filipino American groups.
In the lead up to the November 2017 Summit of the Association of Southeast Asian Nations (ASEAN), which was hosted by Duterte in the Philippines, we organized a global sign-on statement which calls for a UN-led investigation of the drug war killings; for the leaders of ASEAN member states and other world leaders attending to speak up about the issue; and for international aid donor governments to impose human rights conditions on law enforcement assistance to the Philippines, while funding positive programs that could serve as an alternative to the Philippine drug war, and funding the work of human rights advocates.
InterAksyon article
Nearly 300 NGOs and prominent individuals endorsed the statement. Of the 240 NGO endorsers, more than 50 are based in Asia, including a majority of ASEAN member states as well as India, Pakistan and Sri Lanka. There are also several Asia-wide networks devoted to issues such as HIV, transgender and drug user concerns, and youth democracy activism.
Some notable signatories on the document include the National Organization for Women (NOW), Doctors of the World, the Free Legal Assistance Group (FLAG, a nationwide Philippines human rights lawyers group founded during the Marcos dictatorship years), Treatment Communities of America, prominent human rights advocate and actor of MASH fame Mike Farrell, former police chief of Seattle Norm Stamper, and others.
A political component of the statement's outreach efforts, which was in its early stages at the time of the statement's release, secured endorsements from legislators in Canada, Italy, Cambodia, and Washington State, as well as other political and governmental officials from Singapore, Canada and the UK.
The statement was covered by four important Philippines news outlets:
The Interaksyon article credited our coalition with renewing global calls for a UN-led probe into the drug war killings.
Legislative Lobbying
April 2018 lobbying coalition
A bipartisan bill in the US Senate, "The Philippine Human Rights Accountability and Counternarcotics Act of 2017," would enact human rights conditions on some law enforcement assistance to the Philippines, based on certifications by the US State Dept., while funding public health programs to address substance issues as well as human rights work. There is similar language in the current version of the Senate Foreign Operations Appropriations bill. We are working with a coalition that includes Filipino American organizations and faith networks, to pass this legislation as part of the upcoming appropriations process, or if not then later during the 2018 session of Congress.
In April 2018, StoptheDrugWar.org's executive director David Borden was invited to join a lobbying group that included advocates visiting from the Philippines as part of the Stop the Killings Speaking Tour 2018 of the Caravan for Peace and Justice for the Philippines, as well as representatives of Filipino American organizations, faith groups participating in the Ecumenical Advocacy Days the weekend before, and others. Key organizers of the lobbying effort were the Ecumenical Advocacy Network on the Philippines and the International Coalition for Human Rights in the Philippines US Chapter. Borden is regularly asked by Filipino American advocates to address the drug war in meetings and demonstrations.
An update and action alert we published is online here, and includes information on what the most key states and congressional districts are. We have a write-to-Congress form supporting S. 1055 online here.
We view this legislation as important not only for its potential impact on the Duterte administration's political cost-benefit analysis on this issue, but also because of the inconsistent approach to the matter taken by the current US administration. While the State Department has raised some concerns about the drug war killings, President Trump has made comments which seem to green-light them.
Specifically, in December 2016 Trump and Duterte spoke on the phone, after which Duterte claimed that Trump praised his drug policies. While Duterte could have made that up, the Trump team never rebutted the claim.
After Trump and Duterte spoke again in April 2017, a statement on the White House web site said they discussed " fighting very hard to rid its country of drugs," with no qualification of that statement to exclude extrajudicial killings from Trump's apparent praise. A transcript of the April conversation leaked to Rappler quotes Trump congratulating Duterte for doing an "'unbelievable job' in the war on drugs."
Finally, Trump was silent about the issue during his appearance at the ASEAN Summit, at least publicly. A White House spokesperson said that Trump and Duterte talked briefly about human rights, but did not elaborate. Duterte has recently claimed that a White House visit is in the works, pending scheduling.
Coalition Building
As the above sections show, we have actively sought partners in this campaign, both in the Philippines and in the Filipino American community, including groups spanning a range of the ideological spectrum. But we have also sought to bring others in to the effort -- from drug policy reform, international criminal justice advocacy, the anti-death penalty movement and others.
In March before heading to Vienna for our event with Senator Trillanes, we organized a panel for the Students for Sensible Drug Policy conference in Baltimore, "Human Rights Challenge, Responding to extrajudicial killings in the Philippines." Our panel featured Eric Lachica of US Filipinos for Good Governance; and Shamah Bulangis and Justine Balane, National Secretary General and International Secretary respectively of Akbayan Youth, who are also SSDP Ambassadors for the Philippines.
The panel was well attended, and following it, we brought signs from Philippines-related demonstrations (our 2/28 embassy protest and others) to the plenary hall, where conference attendees, following a group picture, took a second group pictures with the signs, while holding hands up in a Philippines protest symbol. The photo, posted to Facebook by an attendee, went viral in the Philippines.
The energy of the event and level of interest in this campaign that was shown there, following our successful protest a week earlier, makes us believe that a larger movement can be built on this issue, capable of bringing greater pressure on the Duterte administration over the killings. Please subscribe to our email list to be updated as plans progress, and feel free to contact us directly in the meanwhile.
David Borden met with members of the Filipino American Human Rights Alliance San Francisco chapter in July 2018. In this video, filmed by FAHRA leader Ago Pedalizo, Borden remarks on the recent awarding of the prestigious "Prize for Freedom" award to Senator de Lima:
These efforts, which continue into 2018, are part of a global drug policy reform program StoptheDrugWar.org has pursued decisively since fall 2014. Much of that involves the United Nations, and our 501(c)(3) US nonprofit organization, DRCNet Foundation Inc., is an accredited NGO in Special Consultative Status with the UN's Economic and Social Council (ECOSOC).
Our international drug policy program is headed by our founder and 24-year executive director, David Borden, who tweets as @stopthedrugwar, and who starting in the near future will tweet on Philippines matters as @BordenUNEventPH. In the near future our organization's blog and newsletter will have a significant focus on the Philippines as well. Our Philippines-related content can also be accessed through our category archive at https://stopthedrugwar.org/philippines.
A trio of psychedelic research bills is filed in Texas, a Maine bill would allow for marijuana consumption at pot shops, and more.
Coca leaf chewing is a traditional practice in Bolivia. (Creative Commons)
Marijuana Policy
Biden Budget Maintains Ban on Allowing DC Marijuana Sales. The Biden administration's Fiscal Year 2024 proposed budget retains an appropriations rider blocking the Justice Department from interfering in legal marijuana states, but also, for the third year in a row, retains a rider blocking the District of Columbia from allowing legal marijuana sales. The rider blocks the District from using local tax dollars to implement a system of regulated adult marijuana sales. "For the third time in his presidency, the president’s proposed budget would, unfortunately, block D.C. from spending its own local funds to commercialize marijuana," said Del. Eleanor Holmes (D).
Maine Bill Would Allow Social Consumption Lounges. A bill that would allow people to consume marijuana products in stores that sell them, LD 839, got a hearing Monday in the Committee on Veterans and Legal Affairs. No vote was taken. Current state law allows only for marijuana use on private property, and businesses are not included. Use in public places is prohibited. When voters approved marijuana legalization in 2016, on-site consumption was included, but legislative action removed that. "In that citizen's initiative, there was a component for onsite consumption, social clubs. Unfortunately, that got voted away in the legislative process but it’s time to restore that," Rep. David Boyer (R-Poland) said.
Psychedelics
Texas Lawmakers File Trio of Psychedelic Research Bills. The legislature has a trio of psychedelic research bills before it. House Bill 4288, sponsored by Rep. Richard Peña Raymond (D), would amend an existing state law mandating a study of the risks and benefits of ketamine, MDMA, and psilocybin for therapeutic use in veterans; House Bill 4423, sponsored by Rep. Josey Garcia (D), would create a Psilocybin Research Advisory Council to advise the Health and Human Services Commission and the legislature on psilocybin research and treatment; and House Bill 4561, sponsored by Rep. Julie Johnson (D), would create a new Alternative Mental Health Therapy Research Consortium that would be charged with researching "the efficacy of providing mental health care through the provision of psychedelic drugs and ketamine, focusing on the provision of mental health care to veterans in this state through the use of those alternative therapies."
International
Bolivia Tells UN It Will Launch Bid to End International Coca Leaf Prohibition. Bolivia told a United Nations drug policy meeting in Vienna that it will move to end the international prohibition on the coca leaf, which has traditionally been used by people in the Andes to combat hunger and altitude sickness for thousands of years, but was banned by the 1961 Single Convention on Narcotic Drugs. "A historic mistake was made in 1961," Bolivian Vice President David Choquehuanca said at the 66th session of the United Nations Commission on Narcotic Drugs (CND). Choquehuanca said Bolivia will exercise its right as a signatory to that treaty and seek a "critical review" of the coca leaf's properties and its classification. Colombia has already said it will support Bolivia in its effort.
Nevada lawmakers filed a bill to legalize magic mushrooms, bipartisan senators file a federal asset forfeiture reform bill, and more.
Mexican President Lopez Obrador flatly rejects calls from GOP lawmakers for US military force in Mexico. (Creative Commons)
Marijuana Policy
Delaware House Passes Legal Marijuana Regulation Bill. The House on Thursday voted 27-13 to approve House Bill 2, which would set up a regulatory framework for adult-use marijuana sales. The move comes just days after the House approved House Bill 1, which would legalize possession of up to one ounce of cannabis for adults. Last year, the legislature passed marijuana legalization, only to see it vetoed by Gov. John Carney (D). This year, however, HB 1 passed with a veto-proof majority, and HB 2 passed with one fewer vote with one member absent. That single vote is the difference between a veto-proof majority and a lack of one. The bills must now pass the Senate being going to the governor.
Psychedelics
Nevada Magic Mushroom Legalization Bill Filed. State Sens. Rochelle Nguyen (D) and Fabian Donate (D) filed Senate Bill 242 Thursday. The measure would legalize the possession of up to four ounces of fungi containing psilocybin or psilocyn, the hallucinogenic compounds in magic mushrooms. The bill would also allow a research facility to ask for state approval to study the therapeutic effects of magic mushrooms as well as MDMA for mental health conditions. The bill also has two joint sponsors in the lower chamber, Assemblymembers Max Carter (D) and Elaine Marzola (D). It is currently pending in the Senate Health and Humau Services Committee.
Asset Forfeiture
Bipartisan Federal Asset Forfeiture Reform Bill Filed. US Reps. Jamie Raskin (D-MD) and Tim Walberg (R-MI) on Thursday reintroduced the Fifth Amendment Integrity Restoration Act (FAIR Act), a comprehensive reform to our nation's civil asset forfeiture laws. The FAIR Act raises the level of proof necessary for the federal government to seize property, reforms the IRS structuring statute to protect innocent small business owners, and increases transparency and congressional oversight. Joining Walberg and Raskin as original co-sponsors of the FAIR Act are Reps. Kelly Armstrong (R-ND), Tony Cárdenas (D-CA), Tom McClintock (R-CA), and Joe Neguse (D-CO). "The lawless seizure and ‘forfeiture’ of people’s private property by police officers is becoming standard operating procedure in many parts of the country," said Rep. Raskin. "We want to restore the presumption of innocence, fair judicial process, and the opportunity to be heard. I’m proud to introduce this important bipartisan legislation with my friend Rep. Walberg to rein in civil asset forfeiture and restore due process rights."
International
International Narcotics Control Board Warns on Marijuana Legalization. As it launched its annual report Thursday, the International Narcotics Control Board issued a press release emphasizing its concerns with marijuana legalization. "Moves by a small number of governments to legalize the non-medical use of cannabis have led to increased consumptionwithout explaining thepotentially serious health dangers that users face from the drug" the INCB warned. That is leading to "negative health effects and psychotic disorders," the drug watchdog continued. In all jurisdictions where cannabis has been legalized, data show that cannabis-related health problems have increased," INCB said. It pointed out that between 2000 and 2018, "global medical admissions related to cannabis dependence and withdrawal increased eight-fold. Admissions for cannabis-related psychotic disorders have quadrupled worldwide."
Mexico President Tells GOP Lawmakers Urging US Military Force Against Cartels in Mexico to Take a Hike. Aiming directly at Republican lawmakers who have urged the Biden administration to unleash the US military against Mexican drug cartels on their own territory, Mexican President Andres Manuel Lopez Obrador on Thursday flatly rejected the notion. "We are not going to allow any foreign government to intervene and much less foreign armed forces to intervene in our territory," López Obrador said, adding that he would ask Americans of Mexican and Hispanic origin not to vote for Republicans if their "aggression" continued. Lopez Obrador also downplayed Mexico's role in fentanyl production and said Americans needed to solve their drug problem on their side of the border. Pressure to do something about the cartels has only risen as the US overdose death toll has risen and was ratcheted up this week by the kidnapping of four Americans in Matamoros, two of whom were shot and killed by members of a Gulf Cartel-affiliated gang.
The Justice Department signals it will appeal a federal court ruling invalidating the federal ban on guns for pot users, Colombia calls for coca leaf decriminalization, and more.
Naloxone opioid overdose reversal kit. The Oregon House has voted to expand access to them. (hr.org)
Marijuana Policy
Justice Department Now Accepting Applications for Pardons for Federal Marijuana Possession Offenders. Nearly five months after President Biden called for pardons for federal marijuana possession offenders, the Justice Department has begun accepting applications for those pardons. The move comes after a series of friendly public statement from the administration about the drug from both Attorney General Garland and the president. Last week, Garland said that Justice is working on a review of marijuana policy, and just days before that, President Biden mentioned the pardons in a Black History Month speech, saying "too many minorities are in prison" for marijuana use.
Justice Department Appeals Federal Court Ruling Striking Down Gun Ban for Marijuana Users. The Justice Department last Friday filed paperwork in US District Court for the Western District of Oklahoma informing the court that it intends to appeal a judge's ruling there that found unconstitutional the federal prohibition on gun ownership for marijuana users. The Friday filing did not make a substantive argument but served primarily as a notification that an appeal was coming. In that district court ruling, Trump-appointed Judge Patrick Wyrick held that a recent Supreme Court ruling where the high court created a higher standard for policies that aim to restrict gun rights made the ban on gun possession unconstitutional.
Oklahoma Votes on Marijuana Legalization Today. In an election with no other issues or races on the ballot, voters will decide whether or not to approve a marijuana legalization initiative, State Question 820. The measure is opposed by law enforcement and most of the state's Republican political establishment. It would allow people 21 and over to possess up to an ounce of marijuana and eight grams of marijuana concentrates and grow up to six plants and six seedlings at home. It also protects parents from losing custody or visitation rights solely because of marijuana use and states that parolees and probationers cannot be punished for marijuana use. Nor could the odor of marijuana or burnt marijuana be used as probable cause for police to infer that a crime had been committed. And it includes a provision for the expungement of some past marijuana offenses. It also sets a 15 percent excise tax on retail marijuana sales.
Medical Marijuana
South Dakota House Approves Medical Marijuana Expansion Bill. In a narrow vote, the House on Monday approved Senate Bill 1, which expands the list of qualifying conditions for medical marijuana use to include people afflicted with cancer, epilepsy, MS, ALS, PTSD, Crohn’s disease, aids, and HIV. The bill has already passed the Senate, but must go back for one more concurrence vote because it was modified in the House. If it wins that vote, it would then go to the desk of Gov. Kristi Noem (R).
Harm Reduction
Oregon House Approves Bill to Expand Naloxone Access. The House has approved a bill to more widely distribute the opioid overdose reversal drug naloxone (Narcan), House Bill 2395, on a vote of 48-9. The bill declares a health emergency and will make overdose reversal kits available in libraries, churches, and other public buildings. It also allows police, firefighters, and EMTs to distribute the kits to drug users and their friends and family members, and it decriminalizes fentanyl test strips. The bill now heads to the Senate.
International
Colombia Vice President Calls for Coca Leaf Decriminalization at UN. Vice President Francia Marquez used an address at the UN Permanent Forum on Indigenous Issues to petition for the decriminalization of the coca leaf in the country's indigenous territories. "The time has come to sincerely put the debate on decriminalizing the use of coca leaf in ethnic and indigenous territories, continuing to criminalize the use of coca leaf will not allow Colombia to achieve total peace," she said. "Because we know that it has been this criminal, racial policy that has us as peoples suffering terrible humanitarian crises, it is the drug trafficking imposed from that criminal policy that today is generating armed conflicts in ethnic territories." Colombia will join Bolivia in petitioning the UN Commission on Narcotic Drugs to remove coca leaf from its list of prohibited substances.
An Idaho medical marijuana initiative didn't get past the signature gathering stage, US correctional populations declined in 2021, and more.
Chewing coca leaf in Bolivia. Bolivia and Colombia want the UN to remove coca from prohibited drug list (Creative Commons)
Marijuana Policy
New Hampshire Marijuana Legalization Bill Wins Initial House Vote. The House voted 234-127 Wednesday to send a marijuana legalization bill, House Bill 639, to the House Ways and Means Committee, clearing a path for it to win final passage in the House. The bill would set up a system of taxed and regulated marijuana commerce with the Liquor Commission in charge. Cultivation would be taxed at 15 percent, with most revenues going toward reducing the state's pension liability and the state's education trust fund. The House has repeatedly passed legalization bills in recent years, only to see them die in the Senate. Gov. Chris Sununu (R) has also been an opponent; he says he does not expect a legalization bill to reach his desk this year.
Medical Marijuana
Idaho Medical Marijuana Initiative Campaign Comes Up Short on Signatures. Kind Idaho, the group behind an effort to get a medical marijuana initiative on the 2024 ballot, announced Wednesday that it had come up short on signatures. The group said it had managed to collect only about 10 percent of the nearly 70,000 valid voter signatures needed to qualify for the ballot. It cited organizational problems and a lack of national support for the effort.
Psychedelics
Minnesota Lawmakers File Bills to Create Psychedelics Task Force to Plan for Legalization. Lawmakers have filed identical bills in the House and Senate that would create a task force to study the potential legalization of substances such as ibogaine, MDMA, and psilocybin. Senate File 1954 and House File 1884 would establish a Psychedelic Medicine Task Force to "advise the legislature on the legal, medical, and policy issues associated with the legalization of psychedelic medicine in the state." The task force "survey existing studies in the scientific literature on the therapeutic efficacy of psychedelic medicine in the treatment of mental health conditions, including depression, anxiety, post-traumatic stress disorder, and bipolar disorder, and any other mental health conditions and medical conditions for which a psychedelic medicine may provide an effective treatment option." The bill says the number of substances under its purview "may include but is not limited to the use of 3,4-methylenedioxymethamphetamine (MDMA), psilocybin, mescaline, LSD, bufotenine, DMT, 5-MeO-DMT, 2C-B, ibogaine, salvinorin A, and ketamine."
Sentencing
US Correctional Population Continued to Decline in 2021. The total correctional population in the United States fell 1 percent from yearend 2020 to 2021, according to statistics in Correctional Populations in the United States, 2021 – Statistical Tables and Probation and Parole in the United States, 2021, two reports released Thursday by the Bureau of Justice Statistics. The number of persons held in prison or jail or supervised in the community on probation or parole decreased by 61,100, down to an estimated 5,444,900. Overall, an estimated 1 in 48 U.S. residents age 18 or older were under correctional supervision at yearend 2021, down from 1 in 47 in 2020. Over the 10-year period from 2011 to 2021, the U.S. correctional population declined 22 percent. A drop in the number of persons supervised in the community on probation accounted for 65 percent of this overall change, while decreases in the number of persons incarcerated in state and federal prison accounted for 26 percent of the change.
In 2021, the U.S. incarceration rate increased for the first time in 15 years. However, the rate was still lower than the pre-COVID-19 pandemic rate of 810 per 100,000 in 2019. The increase in the incarceration rate was driven by a 16percent growth in the number of persons housed in local jails, which held an additional 87,200 persons from 2020 to 2021. In 2021, the community supervision rate fell to a 21-year low of 1,440 persons on probation or parole per 100,000 adult U.S. residents, after declining each year since it peaked at 2,240 persons per 100,000 in 2007. At yearend 2021, an estimated 3,745,000 adults were under community supervision, down 136,600 persons from January 1, 2021.
Changes in the demographic characteristics of the US correctional population were small from 2020 to 2021 but were greater than 20 percent over the decade from 2011 to 2021. The number of males in the total correctional population declined less than 1 percent (down 28,300) from 2020 to 2021, while the number of females decreased 3 percent (down 32,800). Compared to 2011, the number of males under correctional supervision in 2021 declined by 21percent and females decreased 25 percent. Over that same decade, the number of black persons under correctional supervision decreased more than 27 percent, while the number of Hispanic persons declined 21 percent and whites declined 20 percent.
International
Bolivia and Colombia Ask UN to Remove Coca from List of Prohibited Narcotics. The government of Colombian President Gustavo Petro announced Wednesday that it and the government of Bolivia will jointly ask the UN Commission on Narcotic Drugs (CND) to drop coca leaf from its list of prohibited substances and acknowledge the plant's traditional uses in Andean culture. "Bolivia and Colombia consider it is the moment to once again put this issue on the table," said Colombian vice-minister for multilateral affairs Laura Gil. "To remove the coca leaf - the leaf, not cocaine - from the prohibited substances list," she said. Bolivian President Luis Arce said last month that his government would seek for coca leaves to be removed from the list so they can be commercialized.
The North Dakota House kills an effort to allow medical marijuana patients to use edibles, a Republican congressman files a marijuana rescheduling bill, and more.
No medical marijuana edibles for you, North Dakota! (Creative Commons)
Marijuana Policy
GOP Congressman Files Marijuana Rescheduling Bill. For the third Congress in a row, Rep. Greg Steube (R-FL) has filed a bill that would move marijuana from Schedule I to Schedule III. The measure, HR 610, says "the Attorney General of the United States shall, by order not later than 60 days after the date of enactment of this section, transfer marijuana…from schedule I of such Act to schedule III of such Act." Such a move would not legalize marijuana, but would, Steube says, "drastically expand" opportunities for research and study.
Minnesota Marijuana Legalization Bill Wins More Committee Votes. The marijuana legalization bill continues to move forward. The House State and Local Government Finance and Policy Committee approved the bill, House File 100, on Tuesday, becoming the fifth House committee to do so. Meanwhile, the Senate version of the bill passed the Senate Jobs and Economic Development Committee on Monday, becoming the fourth Senate committee to do so. Lawmakers have said the bill could face as many as 12 committee votes, meaning the measure is currently three-fourths of the way home. Democrats hold majorities in both houses, as well as the governorship, and are confident the bill will pass and be signed into law in short order.
Medical Marijuana
North Dakota House Kills Bill to Allow Edibles. The House on Tuesday killed a pair of bills that would have made medical marijuana edibles legally available to patients. The House Human Services Committee had amended elements of House Bill 1202 and House Bill 1164 into HB 1202, but the full House killed HB 1202 on a 55-37 vote (it needed two-thirds to pass) and killed HB 1164 on a 20-72 vote. Under the initiative approved by voters in 2016, patients are limited to using dried buds or THC products such as concentrates and tinctures—not edibles. Bill supporters said edibles are a healthier and more accurate means of dosing medical marijuana, but the legislature wasn't listening.
International
Drug Possession is Now Decriminalized in Canada's British Columbia. An exemption to the country's federal drug laws that allows British Columbia to engage in a three-year experiment with drug decriminalization is now in effect. The move is an effort to fight the province's drug overdose crisis. BC accounts for about a third of all Canadian drug overdose deaths, with more than 10,000 overdose deaths in the province since 2016, more than 4,500 of them in the last two years. Under the decriminalization program, possession of up to 2.5 grams of substances such as heroin, fentanyl, cocaine, and methamphetamine is no longer a criminal offense. Supporters of the program say it will reduce stigma and enable healthier outcomes for drug users.
An Arizona magic mushroom research bill is filed, Germany's plans to legalize marijuana face delays, and more.
Former Philippines President Rodrigo Duterte is back under the scrutiny of the International Criminal Court. (CC)
Marijuana Policy
Washington State Home Cultivation Bill Gets Hearing This Week. A bill that would allow people 21 and over to grow up to six plants at home, House Bill 1614, is set for a hearing this week. Filed by Rep. Shelley Kloba (D), the bill will be heard in the House Committee on Regulated Substances and Gaming at 8:00 a.m. on Thursday. The bill would not allow home cultivation at houses used for early childhood education or early learning services by a family day care provider.
Medical Marijuana
Pennsylvania Bill Would Allow Medical Marijuana for Any Condition Doctor Approves. Sen. Mike Regan (R-Cumberland) and Sen. James Brewster (D-Allegheny) are preparing to file a bill that would strip the state's Medical Marijuana Advisory Board of its function of determining which medical conditions allow patients to use medical marijuana and instead allow its use for any condition for which a doctor approves it. "Elected officials and bureaucratic staffers should not be deciding what ailment qualifies an individual to use medical marijuana," they said in a cosponsor memo they are circulating. The two senators are chairmen of the Senate Law and Justice Committee.
Psychedelics
Arizona Bill Would Allow Magic Mushroom Clinical Trials. Republican Rep. Kevin Payne and Democratic Reps. Jennifer Longdon and Stacey Travers, along with Republican Sen. T.J. Shope, are all backing House Bill 2486, which would put $30 million in grants over three years toward clinical trials using whole-mushroom psilocybin to treat mental health conditions like depression and PTSD. The bill has been assigned to the Health and Human Services and Appropriations committees.
International
German Push for Marijuana Legalization Likely Delayed. Germany has yet to submit its proposal for marijuana legalization to the European Commission, making its plan to do so in 2024 increasingly unlikely. The proposed law is "currently being drafted," the Health Ministry said. "A large number of legal and operational questions concerning implementation need to be answered and coordinated between the ministries in charge" before it can be submitted to the European Commission, it added. The German government first unveiled its plan to legalize it in October 2022. The plan would for the home cultivation of three plants and the possession of up to 30 grams, as well as setting up a legal marketplace. Germany has said it will advance the legislation only if it compatible with European Union law and will not do a final draft of the law until and unless the European Commission gives its okay.
International Criminal Court Reopens Investigation into Philippines Drug War. The International Criminal Court (ICC) announced last Thursday that it will reopen its investigation into possible "crimes against humanity" in the Philippines' prosecution of a bloody war on drugs under former President Rodrigo Duterte. That campaign led to the deaths of thousands of people. The ICC had announced plans for an investigation in February 2018 but suspended that query in November 2021 at the request of the Philippines after the government there said it was conducting its own review. After reviewing files submitted by the Philippines, ICC Prosecutor Karim Khan said further delay was not warranted and applied to reopen the ICC case. Last Thursday, the ICC said it was "not satisfied that the Philippines is undertaking relevant investigations that would warrant a deferral of the Court’s investigations. The various domestic initiatives and proceedings, assessed collectively, do not amount to tangible, concrete and progressive investigative steps in a way that would sufficiently mirror the Court’s investigation."
A Minnesota marijuana legalization bill is cruising right along, Hong Kong bans CBD as a "dangerous drug," and more.
Opium production is Myanmar has jumped dramatically since the military coup nearly a year ago. (UNODC)
Marijuana Policy
Minnesota Marijuana Legalization Bill Keeps Advancing. A marijuana legalization bill, House File 100, has won approval in the House Labor and Industry Finance and Policy Committee Thursday. That's the fourth committee to approve it in the House. Meanwhile, a companion bill in the Senate was approved by the Commerce and Consumer Protection Committee.
Ohio Bill Would Protect Drivers with THC in Their Systems. State Sen. Nathan Manning (R-North Ridgeville) has filed Senate Bill 26, which would protect drivers from facing charges for having THC in their system as long as they can prove they were not impaired. The bill would remove the per se limits for marijuana and marijuana metabolites for the purpose of determining whether the driver was Operating a Vehicle Under the Influence (OVI). Without a set per se level (where the state assumes one is intoxicated), the bill effectively removes the automatic license suspension for those caught with THC in their systems.
Medical Marijuana
Medical Marijuana Sales Have Begun in Mississippi. Nearly a year after medical marijuana was legalized in the state, the first legal sales have taken place. The first sales occurred Wednesday at The Cannabis Company in Brookhaven and at two Oxford dispensaries, Hybrid Relief and Star Buds. More than 1,700 patients are currently enrolled in the state's medical marijuana program. Voters approved a medical marijuana initiative in 2020, only to have it invalidated by the state Supreme Court. The legislature then passed a bill authorizing it.
International
Hong Kong Bans CBD as "Dangerous Drug." As of next Wednesday, Hong Kong will ban CBD, a cannabinoid that does not produce the same psychoactive effects as its more potent fellow cannabinoid, THC. "Starting from February 1, cannabidiol, aka CBD, will be regarded as a dangerous drug and will be supervised and managed by the Dangerous Drugs Ordinance,"customs intelligence officer Au-Yeung Ka-lun said ."As of then, transporting CBD for sale, including import and export, as well as producing, possessing and consuming CBD, will be illegal,"he added.
Mexican Senator Will File Bill to Legalize Natural Psychedelics for Treatment of Mental Health Problems. Sen. Alejandra Lagunes of the Ecological Green Party of Mexico (PVEM) said Wednesday she will present a bill to legalize and regulate natural psychedelics for the treatment of mental health problems such as anxiety and depression. She made the comments at the Intercultural Forum on Entheogenic Medicine, which was held in the federal Senate."It’s scientifically proven that psilocybin from psilocybin mushrooms, mescaline from peyote, DMT from ayahuasca and the Colorado River toad are not drugs. They have a high therapeutic potential, low toxicity and don’t create physical dependence or abuse,"she said.
Myanmar Opium Production Booming After Coup, UNODC Says. The UN Office on Drugs and Crime (UNODC) said in a new report that opium production is up 33 percent since the military took over the government in February 2021. Farmers in parts of the country have "little option" but to grow opium, reversing years of efforts to reduce poppy planting, said UNODC regional representative Jeremy Douglas. said "At times like these many farmers see opium as particularly attractive – given predictable demand and the fact that brokers will typically buy the entire crop at the farm gate," said International Crisis Group Myanmar advisor Richard Horsey.
Here is the good, the bad, and the ugly in international drug policy developments in 2022. (Read about 2022's good, bad and ugly in domestic drug policy here.)
1. The Taliban Bans Opium
With the withdrawal of US and coalition forces and subsequent rapid collapse of the Afghan government in August 2001, the Taliban once again took power in Kabul. During its earlier rule, it banned opium cultivation in 1997 (with little impact) and again in 2000. But after the Taliban was overthrown in late 2001, the country saw two decades of massive opium production, making Afghanistan the world's leading supplier of opium and heroin, accounting for more than 80 percent of global supply throughout this century.
Upon resuming its control of the country, the Taliban once again instituted a ban on opium cultivation, making a formal announcement of a ban in April 2022. Even now, at the end of the year, it is too early to tell how serious the Taliban are or how effective the ban will be, although UN Special Representative in Afghanistan Roza Otunbayeva reported in December that there is evidence the ban is being implemented. "Fields planted before and after the declaration have been destroyed," she said. "We will not be able to verify the actual implementation of this ban until early next year but the intention behind it is commendable. Nonetheless, the ban will have a negative effect on the income of individual farmers as few alternative livelihood programs were put in place."
This year, though, the opium crop is "the most profitable in years," the UN reported in November, with cultivation up by nearly a third and prices soaring because of the looming ban. Sowing of the 2023 crop was supposed to be done by November, and it is unclear how much uncertainty about how the ban will be enforced has affected the sowing of the crop. The answer will come in the spring when it is harvest time for the poppy crop.
2. Colombia Elects a Former Guerrilla Drug War Critic as President
In an election that has overturned a decades-long status quo in Colombian politics and threatens to upend US-Colombia relations, former leftist guerrilla and Bogota Mayor Gustavo Petro won the presidency in June. He beat his competitor, Trumpian businessman Rodolfo Hernández, by a margin of 50.44% to 47.03%.
Petro is a harsh critic of the US-imposed war on drugs, which he says has cost a million Latin American lives even as the US has spent $20 billion since the days of Plan Colombia to wage a drug war entwined with a vicious counterinsurgency. That spending may have helped drive the leftist guerrillas of the FARC to the negotiating table -- a peace accord was signed in 2016 -- but it has not stopped the coca and cocaine trade, which is now undergoing a boom.
After Petro's election, but before he took office in August, a truth commission appointed as part of the 2016 peace accords called for the government to quit focusing on suppressing illicit drugs and instead take the global lead in moving to "strict legal regulation" of those substances. It recommended a new approach to illicit drug production that focuses more on sustainable development and less on the eradication of coca. The commission's recommendations are non-binding, but Petro has said he will follow them.
Cocaine decriminalization is not happening yet, but marijuana legalization is. A legalization bill has passed the House and Senate, clearing the way for final votes early next year. Look for Colombia to continue to steer a course away from drug war orthodoxy as the Petro presidency continues.
3. Duterte Leaves Office but His Philippine Drug War Legacy Lingers
Filipino President Rodrigo Duterte became ex-president Duterte in June, having finished his six-year term and leaving a legacy of bloody drug war killings. The Philippines National Police have officially admitted killing more than 6,200, but human rights groups put the total toll of dead in Duterte's drug war at around 30,000, with many killed by shadowy vigilantes.
The widespread drug killings under Duterte were condemned by Western governments and human rights groups and sparked an investigation by the International Criminal Court as a possible crime against humanity.
And Philippines police are continuing to kill people in the name of fighting drugs, albeit at a lower level than during the Duterte era. In November, police tried to claim the death toll was "very minimal," saying only 46 people had been killed since June 30, when Marcos took office. But the government's habit of lying, obstructing, and obfuscating, so well developed under Duterte, appears to remain intact under Marcos. An independent estimate from the University of the Philippines Third World Studies Center put the actual number of people killed in drug war incidents at 127, nearly three times the police number.
4. Mexico's Drug War Continues Unabated
Four years into his six-year term, President Andres Manuel Lopez Obrador (AMLO) is having no more luck with his "kisses not bullets" approach to his country's violent drug trafficking organizations than his predecessors did with their various efforts to rein in the so-called cartels. After four years of AMLO, the country has seen 140,000 murders, most of them committed by the cartels. That is a 61 percent increase over the same four-year period under his immediate predecessor, Enrique Pena Nieto.
AMLO has also scrapped the Federal Police, replacing them with the National Guard, which he wants to fold into the armed forces. In a worrying sign, the military is now shouldering more and more of the overall responsibility for dealing with violent.
And it is not working. The competing cartels periodically take a respite from trying to kill each other and go to work terrorizing the state and its agents, as was the case in August and September, when the cartels and allied gangs rampaged across four states, shutting down roads and businesses, burning vehicles and businesses, and attacking police and troops, including a stunning series of attacks in Tijuana.
Meanwhile, the cartels continue to work away assiduously at their main enterprise: exporting massive amounts of methamphetamine and fentanyl into the United States.
5. Canada's British Columbia Wins Approval for Drug Decriminalization
Faced with an intractable drug overdose problem, British Columbia, long a leader in progressive approaches to drug policy, in October 2021 requested an exemption from the federal Controlled Drugs and Substances Act to allow it to decriminalize the possession of small amounts of drugs such as cocaine, heroin, and methamphetamine. Health Canada granted that exemption in June 2022.
The new measure goes into effect on January 31, 2023 and will extend three years to January 31, 2026. Under the decrim plan, possession of up to 2.5 grams of those drugs (cumulatively) will not result in arrest or confiscation of the drugs. While decriminalization is a first in Canada, activists in Vancouver and throughout the province are critical of the low weight limits and of the fact that minors will continue to be arrested regardless of the weight of the drugs they are carrying.
British Columbia's pending drug decriminalization will be first for Canada, but it's not the first in North America. Mexico decriminalized drug possession in 2009 and Oregon voters decriminalized drug possession in 2020.
6. Saudi Arabia Resumes Death Penalty for Drug Offenses
After halting executions of drug offenders in January 2020, Saudi Arabia suddenly and without warning resumed them on November 10. Two weeks later, it announced that 20 men had been executed for drug offenses. Dozens of people remain on death row for drug offenses and face imminent execution.On November 22, the Office of the United Nations High Commissioner for Human Rights urged the Saudi government to halt the imminent execution of one drug prisoner and called on the Saudi authorities to adopt an official moratorium on executions for drug-related offenses, commute death sentences for drug-related offences, and guarantee the right to a fair trial for all defendants, including those accused of committing such crimes, in line with the law and its international obligations.
Nearly three dozen NGOS led by the European Saudi Organization for Human Rights, Harm Reduction International, and the World Coalition Against the Death Penalty have called on the International Narcotics Control Board and the United Nations Office on Drugs and Crime to act on urgent measures in response to the series of drug-related executions carried out by the Kingdom of Saudi Arabia since November 10.
Globally, 146 countries, including 20 member states of the Organization of Islamic Cooperation, have abolished the death penalty. The United Nations does not consider drug offenses to be among the most "serious" crimes that would warrant the death penalty, and resort to the death penalty for such offenses contradicts the standards of the United Nations Office on Drugs and Crime and the International Narcotics Control Board.
7. Pakistan Moves to End Death Penalty for Drug Offenses
At year's end, Pakistan's lower house, the National Assembly, passed the Control of Narcotic Substances Amendment Bill 2022, which abolishes the death sentence for drug dealing and converts it into a life sentence. The bill comes as the country has seen a spate of executions for different sorts of offenses since 2014, when it lifted a six-year moratorium on the death penalty in the wake of a terrorist attack on an army school that left 132 children dead.
The vote came just weeks after Saudi Arabia's execution of three Pakistani nationals when it suddenly resumed drug executions in November.
Earlier in the year, the Senate Standing Committee on Anti-Narcotics approved keeping the death penalty for certain trafficking offenses, but in September, President Arif Alvia approved the amendment allowing for life sentences instead.
8. Russia Weaponizes Its Draconian Drug Laws to Turn American Athlete Brittney Griner into a New Cold War Political Pawn
Russia has long used its draconian drug laws against its own citizens, including dissidents, but this year the Kremlin was able to deploy them as a means of pressuring the United States when Russian customs officials arrested American women's basketball star on drug trafficking charges as she entered the country to play off-season pro ball a week before Russian troops invaded Ukraine.
Russia has theoretically adopted the decriminalization of small-scale drug possession, but officers commonly find just enough of a drug to file criminal charges, as was the case with Griner. Although Griner was found with vape cartridges containing less than a gram of medically-recommended cannabis oil, she was charged not with drug possession but with smuggling "a significant amount" of proscribed drugs, a crime that carries a prison sentence of up to ten years.
She was duly convicted in a Russian court and sentenced to 9 ½ years in a Russian prison, creating an embarrassment and distraction for the Biden administration, which faced mounting pressure to win her release. After months of behind-the-scenes negotiations, a prisoner swap was announced, and Griner was released in December in exchange for convicted Russian arms dealer Viktor Bout, who had been sentenced to a minimum of 25 years in prison in 2011 (after already serving three years in pretrial detention).
9. European Countries Move Down Path to Marijuana Legalization
Late last year, Malta became the first European country to legalize marijuana, and this year, several other countries have been taking steps along the same path. In June, Luxembourg move to enact marijuana reforms, although it has retreated from "legalization" to "regulation," and is proposing the decriminalization of up to three grams of marijuana and allowing the cultivation of up to four plants at home. The government had originally proposed full-blown commercial legalization back in 2018 and says that still remains its goal.
In October, Germany unveiled its marijuana legalization plan. The health ministry rolled out a plan that includes the decriminalization of the possession of up to 30 grams of marijuana as well as allowing for the sale of marijuana to adults in a regulated marketplace. The German government will also consult with the European Union's executive commission to ensure that the legalization plan complies with EU laws and will move forward "on this basis" only if the EU approves.
And in November, the Czech Republic began drafting a marijuana legalization bill. The country has already legalized medical marijuana and decriminalized the possession of up to 10 grams of marijuana for adult use, but the country's center-right governing coalition has now begun the process of a drafting a full marijuana legalization bill. The issue was pushed by the Czech Pirate Party, the smallest member of the governing coalition, which said legalization would "make the Czech Republic a freer country" and "bring billions into public budgets."
10. Thailand Kind of, Sort of Legalizes Marijuana
In June, the Thai government removed marijuana from the country's narcotics list, allowing people to grow all the weed they want and freeing more than 3,000 marijuana prisoners. But the law only legalizes marijuana extracts containing less than 0.2 percent THC, meaning that while people can grow all the plants they want, consuming what they produce will remain technically illegal, as is the case with sales now.
But that has not stopped the use and sale of full-potency marijuana. What began as a flowering of edibles and tinctures shops in June has now morphed into a full-blown recreational marijuana scene, with thousands of dispensaries of dubious legality and the government impotently warning a tide of marijuana tourists they are not welcome.
The government's marijuana moves have been confusing and controversial, and the government is attempting to bring some order to the situation with a 95-article Marijuana Bill that seeks to regulate gray areas around cultivation, consumption, and sales. That bill is expected to be passed before the country's next general in May.
Kansas City, Missouri, dismisses open marijuana cases, Colombia Congress advances marijuana legalization bill, more...
Attorney General Merrick Garland (DOJ)
Marijuana Policy
Tennessee Lawmaker Will File Marijuana Legalization Bill. State Sen. Heidi Campbell (D-Nashville) said last Friday she plans to cosponsor a marijuana legalization bill with Rep. Bob Freeman (D-West Nashville) in the coming session. Previous attempts at passage of such a bill have come up short, but Campbell is ready to try again: "We're filing a full legalization bill," Campbell said. "We are in the process of modifying our last bill and haven't filed it yet."
Kansas City Dismisses Hundreds of Marijuana Cases Following Statewide Legalization Vote. Municipal court workers in the Missouri city have "dismissed over 500" open marijuana cases since statewide marijuana legalization took effect on December 8. Voters statewide approved legalization in the November election. City officials depenalized pot possession in 2020 and had already dismissed over 2,400 marijuana cases. They now report no remaining open marijuana misdemeanor cases in the city.
Opiates and Opioids
Senate Passes END FENTANYL Act in Bid to Reduce Drug Smuggling. The Senate last Thursday passed SB 4460, the "Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life (END FENTANYL) Act." This legislation would require the Commissioner of US Customs and Border Protection (CBP) to update agency policies at least once every three years, and require the Commissioner of CBP to review and update the Office of Field Operations' policies and handbooks at least once every three years. It would also require the Commissioner to report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives about the changes.
Sentencing Policy
US Attorney General Moves to End Crack/Powder Cocaine Sentencing Disparities. In a memo to federal prosecutors last Friday, Attorney General Merrick Garland instructed them to file charges that avoid mandatory minimum sentences that are triggered by small amounts of crack cocaine in small-time, nonviolent cases. For decades, crack has been treated more harshly in federal sentencing even though there is no scientific basis for it, and that has led to "unwarranted racial disparities," Garland wrote. "They are two forms of the same drug, with powder readily convertible into crack cocaine."
But Garland's move could last only as long a his tenure in office. To permanently end sentencing disparities between the two forms of the drug, Congress would have to act. The House passed such a bill last year, and there are still hopes that the Senate will pass its version of the bill, S.2156, as part of an omnibus appropriations bill before the current session ends.
International
British Columbia Drug Decriminalization to Last for Three Years. The decriminalization of the possession of up to 2.5 grams of drugs such as heroin, methamphetamine, an cocaine in the Canadian province, which was granted by the federal government as an emergency measure in the face of an overdose epidemic, has now been set to begin on January 31, 2023, and will be extended until January 31, 2026. The BC Coroners Service reports 1,827 fatal drug overdoses so far this year.
Colombia House and Senate Agree on Marijuana Legalization Bill. The Chamber of Representatives and the Senate have both voted to reconcile their differing versions of a marijuana legalization bill, clearing the way for final votes to come early in the new year. The bill must again pass both chambers because it is a constitutional amendment, and a key Senate sponsor of the bill says it should be formally enacted by June. In final negotiations, lawmakers agreed to limit marijuana consumption and marketing in public spaces and near school zones. They also agreed to have the law go into effect 12 months after final passage.
